[Federal Register Volume 69, Number 175 (Friday, September 10, 2004)]
[Proposed Rules]
[Pages 54846-55015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19223]



[[Page 54845]]

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Part II





Environmental Protection Agency





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40 CFR Parts 85, 86, 90, et al.



Test Procedures for Testing Highway and Nonroad Engines and Omnibus 
Technical Amendments; Proposed Rule

  Federal Register / Vol. 69, No. 175 / Friday, September 10, 2004 / 
Proposed Rules  

[[Page 54846]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065, 
and 1068

[AMS-FRL-7803-7]
RIN 2060-AM35


Test Procedures for Testing Highway and Nonroad Engines and 
Omnibus Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed regulation aims to revise and harmonize test 
procedures from the various EPA programs for controlling engine 
emissions. It will not address emission standards, nor is it intended 
to change the emission reductions expected from these EPA programs. 
Rather, it proposes to amend the regulations, which contain laboratory 
specifications for equipment and test fuels, instructions for preparing 
engines and running tests, calculations for determining final emission 
levels from measured values, and instructions for running emission 
tests using portable measurement devices outside the laboratory. These 
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and 
recreational vehicles. These proposed revisions will update the 
regulations to deal more effectively with the more stringent standards 
recently promulgated by EPA and will also clarify and better define 
certain elements of the required test procedures. In particular, the 
proposed amendments will better specify the procedures applicable to 
field testing under the regulations.
    This action also proposes to apply the regulations to highway 
heavy-duty diesel engine regulations. This action is appropriate 
because EPA has historically drafted a full set of testing 
specifications for each vehicle or engine category subject to emission 
standards as each program was developed over the past three decades. 
This patchwork approach has led to some variation in test parameters 
across programs, which we hope to address by adopting a common set of 
test requirements. The primary goal of this effort is to create unified 
testing requirements for all engines, which when implemented will 
streamline laboratory efforts for EPA and industry.
    This action will also include other technical changes intended to 
clarify and better define requirements for several different EPA engine 
programs. These changes are relatively minor and are technical in 
scope.

DATES: Comments: Send written comments on this proposed rule by October 
29, 2004. See Section IV of the SUPPLEMENTARY INFORMATION section for 
more information about written comments.
    Hearings: We will hold an informal public workshop in Ann Arbor on 
October 1, 2004. If anyone requests a public hearing , we will hold it 
on September 27, 2004. To request a public hearing, send a request to 
the contact in FOR FURTHER INFORMATION CONTACT by September 20, 2004. 
See Section III for more information about public workshops and 
hearings.

ADDRESSES: You may submit comments, identified by docket number OAR-
2004-0017, by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://www.epa.gov/edocket. Follow the 
instructions for submitting comments. Note that this is not available 
until after this proposal is published in the Federal Register.
    E-mail: [email protected]. Specify docket number OAR-2004-0017 
in the body of the message.
    Fax: (202) 260-4400.
    Mail or Hand Delivery: Environmental Protection Agency, Air Docket, 
Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.
    Hand Delivery or Courier: EPA Docket Center, (EPA/DC) EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention 
Docket ID No. A-2001-28. Such deliveries are only accepted during the 
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays.
    Instructions: Include the agency name and docket number in all 
submissions for this rulemaking. All comments received will be posted 
without change to http://www.epa.gov/edocket, including any personal 
information provided. For detailed instructions on submitting comments 
and additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to the Web site at the URL identified above or to 
the Air Docket at the address identified above.

FOR FURTHER INFORMATION CONTACT: Alan Stout, U.S. EPA, Voice-mail (734) 
214-4636; E-mail: [email protected]

SUPPLEMENTARY INFORMATION:

A. Regulated Entities

    This proposed action would affect companies that manufacture or 
sell engines. Regulated categories and entities include:

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                Category                   NAICS Codes a        Examples of potentially regulated entities
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Industry................................         333618   Manufacturers of new engines.
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b North American Industry Classification System (NAICS).

    This list is not intended to be exhaustive, but rather provides a 
guide regarding entities likely to be regulated by this action. To 
determine whether particular activities may be regulated by this 
action, you should carefully examine the proposed regulations. You may 
direct questions regarding the applicability of this action to the 
person listed in FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OAR-2004-0017. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Documents in the official 
public docket are listed in the index list in EPA's electronic public 
docket and comment system, EDOCKET. Documents may be available either 
electronically or in hard copy. Electronic documents may be viewed 
through EDOCKET. Hard copy documents may be viewed at the EPA

[[Page 54847]]

Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. Docket in The EPA Docket Center Public Reading 
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744.
    This proposal relies in part on information related to our November 
2002 final rule, which can be found in Public Docket A-2000-01. This 
docket is incorporated by reference into the docket for this action, 
OAR-2004-0017.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/ Or you can go to the federal-
wide eRulemaking site at http://www.regulations.gov.
    An electronic version of the public docket is available through 
EDOCKET. You may use EDOCKET at http://www.epa.gov/edocket/ to submit 
or view public comments, access the index listing of the contents of 
the official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EDOCKET. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EDOCKET, the system will identify whether the document is 
available for viewing in EPA's electronic public docket. Publicly 
available docket materials that are not available electronically may be 
viewed at the docket facility identified in Unit I.B. EPA intends to 
work towards providing electronic access to all of the publicly 
available docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    We are opening a formal comment period by publishing this document. 
We will accept comments for the period indicated under DATES above. If 
you have an interest in the program described in this document, we 
encourage you to comment on any aspect of this rulemaking.
    Your comments will be most useful if you include appropriate and 
detailed supporting rationale, data, and analysis. If you disagree with 
parts of the proposal, we encourage you to suggest and analyze 
alternate approaches to meeting the air quality goals described in this 
proposal. You should send all comments, except those containing 
proprietary information, to our Air Docket (see ADDRESSES) before the 
end of the comment period.
    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the body of your comment. 
Submit your comments within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. If you wish to 
submit CBI or information that is otherwise protected by statute, 
please follow the instructions in Section IX.D. Do not use EPA Dockets 
or e-mail to submit CBI or information protected by statute.

1. Electronically

    If you submit an electronic comment as prescribed below, we 
recommend that you include your name, mailing address, and an e-mail 
address or other contact information in the body of your comment. Also 
include this contact information on the outside of any disk or CD ROM 
you submit, and in any cover letter accompanying the disk or CD ROM. 
This ensures that you can be identified as the submitter of the comment 
and allows us to contact you if we cannot read your comment or if we 
need further information on the substance of your comment. Our policy 
is that we will not edit your comment; any identifying or contact 
information provided in the body of a comment will be included as part 
of the comment that is placed in the official public docket and made 
available in EPA's electronic public docket. If we cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment.
i. EPA Dockets
    To submit comments on EPA's electronic public docket, go directly 
to EPA Dockets at http://www.epa.gov/edocket and follow the online 
instructions for submitting comments. To access EPA's electronic public 
docket from the EPA Internet Home Page, select ``Information Sources,'' 
``Dockets,'' and ``EPA Dockets.'' Once in the system, select ``Quick 
Search,'' and then key in Docket ID No. OAR-2004-0017. The system is an 
``anonymous access'' system, which means we will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
ii. E-Mail
    Comments may be sent by electronic mail to [email protected]. 
In contrast to EPA's electronic public docket, EPA's e-mail system is 
not an ``anonymous access'' system. If you send a comment via 
electronic mail directly to the Docket without going through EPA's 
electronic public docket, the e-mail system automatically captures your 
e-mail address. E-mail addresses that are automatically captured are 
included and made available as part of the comment that is placed in 
the official public docket.
iii. Disk or CD ROM
    You may submit comments on a disk or CD ROM that you send to the 
mailing address identified in Section IX.A.2 below. Avoid the use of 
special software, characters, and any form of encryption.

2. By Mail

    Send your comments to: Air Docket, Environmental Protection Agency,

[[Page 54848]]

Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.

3. By Hand Delivery or Courier

    Deliver your comments to: EPA Docket Center, (EPA/DC) EPA West, 
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention 
Docket ID No. A-2001-28. Such deliveries are only accepted during the 
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the following 
address: U.S. Environmental Protection Agency, Assessment and Standards 
Division, 2000 Traverwood Drive, Ann Arbor, MI, 48105, Attention Docket 
No. OAR-2004-0017. You may claim information that you submit to EPA as 
CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

Table of Contents

I. Modified Test Procedures for Highway and Nonroad Engines
    A. Incorporation of Nonroad Test Procedures for Heavy Duty 
Highway Engines
    B. Revisions to Part 1065
II. Technical Amendments
    A. Definitions and Penalties
    B. Nonroad general compliance provisions (40 CFR part 1068)
    C. Land-based nonroad diesel engines (40 CFR parts 89 and 1039)
    D. Marine diesel engines (40 CFR part 94)
    E. Small nonroad spark-ignition engines (40 CFR part 90)
    F. Marine spark-ignition engines (40 CFR part 91)
    G. Large nonroad spark-ignition engines (40 CFR part 1048)
    H. Recreational vehicles (40 CFR part 1051)
    I. Locomotives (40 CFR part 92)
    J. Highway engines and vehicles (40 CFR part 86)
III. Public Participation
IV. Statutory and Executive Order Reviews
V. Statutory Provisions and Legal Authority

I. Modified Test Procedures for Highway and Nonroad Engines

A. Incorporation of Nonroad Test Procedures for Heavy Duty Highway 
Engines

    As part of our initiative to update the content, organization and 
writing style of our regulations, we are proposing revisions to our 
test procedures.\1\ We have grouped all of our engine dynamometer and 
field testing test procedures into one part entitled, ``Part 1065: Test 
Procedures.'' For each engine or vehicle sector for which we have 
recently promulgated standards (such as land-based nonroad diesel 
engines or recreational vehicles), we identified an individual part as 
the standard-setting part for that sector. These standard-setting parts 
then refer to one common set of test procedures in part 1065. We intend 
in this rule to continue this process of having all our engine programs 
refer to a common set of procedures by applying part 1065 to all heavy-
duty highway engines.
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    \1\ For an overview of our new regulatory organization, refer to 
our fact sheet entitled, ``Plain-Language Format of Emission 
Regulations for Nonroad Engines'' EPA420-F-02-046, September 2002 
http://www.epa.gov/otag/largesi.htm.
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    In the past, each engine or vehicle sector had its own set of 
testing procedures. There are many similarities in test procedures 
across the various sectors. However, as we introduced new regulations 
for individual sectors, the more recent regulations featured test 
procedure updates and improvements that the other sectors did not have. 
As this process continued, we recognized that a single set of test 
procedures would allow for improvements to occur simultaneously across 
engine and vehicle sectors. A single set of test procedures is easier 
to understand than trying to understand many different sets of 
procedures, and it is easier to move toward international test 
procedure harmonization if we only have one set of test procedures. We 
note that procedures that are particular for different types of engines 
or vehicles, for example, test schedules designed to reflect the 
conditions expected in use for particular types of vehicles or engines, 
will remain separate and would be reflected in the standard-setting 
parts of the regulations.
    In addition to reorganizing and rewriting the test procedures for 
improved clarity, we are proposing to make a variety of changes to 
improve the content of the testing specifications, including the 
following:
     Writing specifications and calculations in international 
units
     Adding procedures by which manufacturers can demonstrate 
that alternate test procedures are equivalent to specified procedures.
     Including specifications for new measurement technology 
that has been shown to be equivalent or more accurate than existing 
technology; procedures that improve test repeatability, calculations 
that simplify emissions determination; new procedures for field testing 
engines, and a more comprehensive set of definitions, references, and 
symbols.
     Defining calibration and accuracy specifications that are 
scaled to the applicable standard, which allows us to adopt a single 
specification that applies to a wide range of engine sizes and 
applications.
    Some emission-control programs already rely on the test procedures 
in part 1065. These programs regulate land-based nonroad diesel 
engines, recreational vehicles, and nonroad spark-ignition engines over 
19 kW.
    In this document, we are proposing to adopt the lab-testing and 
field-testing specifications in part 1065 for all heavy-duty highway 
engines, as described in Section II.J. These procedures would replace 
those currently published in subpart N in 40 CFR part 86. We are 
proposing a gradual transition from the part 86 procedures. We will 
allow the use of part 1065 procedures beginning in the 2006 model year. 
By the 2008 model year, part 1065 procedures will be required for any 
new testing. For all testing completed for 2007 and earlier model 
years, manufacturers may continue to rely on carryover test data based 
on part 86 procedures to certify engine families in later years. In 
addition, other subparts in part 86, as well as regulations for many 
different nonroad engines refer to the test procedures in part 86. We 
are including updated references for all these other programs to refer 
instead to the appropriate cite in part 1065.
    Part 1065 is also advantageous for in-use testing because it 
specifies the same procedures for all common parts of field testing and 
laboratory testing. It also contains new provisions that help

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ensure that engines are tested in a laboratory in a way that is 
consistent with how they operate in use. These new provisions will 
ensure that engine dynamometer lab testing and field testing are 
conducted in a consistent way.
    In the future, we may propose to apply the test procedures 
specified in part 1065 to other types of engines, so we encourage 
companies involved in producing or testing other engines to stay 
informed of developments related to these test procedures. We also 
request comment on whether we should make part 1065 applicable for 
light-duty vehicles, light-duty trucks, motorcycles, and aircraft in 
the future. Although light-duty vehicles, light-duty trucks, and 
motorcycles are tested on chassis dynamometers, rather than engine 
dynamometers, there are several aspects of testing that are common. For 
example, emission sampling systems, dilution systems, gas analyzers, PM 
measurement equipment, some test sequences, fuels, analytical gas 
standards, and specifications related to oxygenated fuels are all 
similar. However, there are differences, such as chassis dynamometer 
specifications, vehicle intake air, exhaust system, and coolant 
specifications, some test sequences such as evaporative and refueling 
tests, vehicle preparation, and some emission calculations (e.g., g/mi 
vs g/kW-hr) that would have to be addressed in any future decision to 
apply part 1065 to these engines.
    Although testing aircraft engines requires some special provisions, 
there are several aspects of testing that are common, such as emission 
sampling systems, dilution systems, gas analyzers, PM measurement 
equipment, some test sequences, fuels, analytical gas standards, and 
specifications related to oxygenated fuels.

B. Revisions to Part 1065

    Part 1065 was originally adopted on November 8, 2002 (67 FR 68242), 
and was initially applicable to standards regulating large nonroad 
spark-ignition engines and recreational vehicles under 40 CFR parts 
1048 and 1051. The recent rulemaking adopting emission standards for 
nonroad diesel engines has also made part 1065 optional for Tier 2 and 
Tier 3 standards and required for Tier 4 standards. The test procedures 
currently in part 1065 are sufficient to conduct testing, but we are 
proposing to reorganize and add content to improve these procedures. In 
particular, we propose to reorganize part 1065 by subparts as shown 
below:

Subpart A: General provisions; global information on applicability, 
alternate procedures units of measure, etc.
Subpart B: equipment specifications; required hardware for testing
Subpart C: measurement instruments
Subpart D: calibration and performance checks; for measurement 
systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for testing and 
test validation.
Subpart G: calculations and required information
Subpart H: fuels, fluids, and analytical gases
Subpart I: oxygenated fuels; special test procedures
Subpart J: field testing
Subpart K: definitions, references, and symbols

    We propose to scale specifications for test equipment and 
measurement instruments by parameters such as engine power, engine 
speed and the emission standards to which an engine must comply. That 
way a single set of specifications will cover the full range of engine 
sizes and our full range of emission standards and our regulations will 
therefore specify equipment and instruments that are appropriate for a 
given engine size and emission standard. Manufacturers will be able to 
use these specifications to determine what range of engines and 
emission standards may be tested using a given laboratory or field 
testing system.
    The new content that we are proposing for part 1065 is mostly a 
combination of content from our most recent updates to other test 
procedures and from test procedures specified by the International 
Organization for Standardization (ISO). In some cases, however, new 
content is proposed that never existed in previous regulations. This 
new content addresses very recent issues such as measuring very low 
concentrations of emissions, using new measurement technology, and 
performing field testing. A full description of the changes is in the 
Technical Support Document that accompanies this proposal (this 
document is available in the docket for this rulemaking).
    The new content we are proposing also reflects a shift in our 
philosophy for specifying measurement performance. In the past we 
specified numerous calibration accuracies for individual measurement 
instruments, and we specified some performance checks for individual 
components, such as NO2 to NO converters. We have shifted 
our focus away from individual instruments and toward the overall 
performance of complete measurement systems. We did this for several 
reasons. First, some of what we specified in the past precluded the 
implementation of new measurement technologies. These new technologies, 
sometimes called ``smart analyzers'', combine signals from multiple 
instruments to compensate for interferences that were previously 
tolerable at higher emissions levels. These analyzers are useful for 
detecting low concentrations of emissions. They are also useful for 
detecting emissions from raw exhaust, which can contain high 
concentrations of interferences, such as water vapor. This is 
particularly important for field testing, which will most likely rely 
upon raw exhaust measurements. Second, this new ``systems approach'' 
challenges complete measurement systems with a series of periodic 
performance checks, which we feel will provide a more robust assurance 
that a measurement system as a whole is operating properly. Third, the 
systems approach provides a direct pathway to demonstrate that a field 
test system performs similarly to a laboratory system. This is 
explained in more detail in item 10., below. Finally, we feel that our 
systems approach will lead to a more efficient way of assuring 
measurement performance in the laboratory and in the field. We believe 
that this efficiency will stem from less frequent individual instrument 
calibrations, and higher confidence that a complete measurement system 
is operating properly.
    We organized the new content relating to measurement performance 
into subparts C, D, F, and J. We specified measurement instruments in 
subpart C and periodic performance checks in subpart D. These two 
subparts apply to both laboratory and field testing. We organized 
content specific to laboratory testing in subpart F, and specific to 
field testing in subpart J.
    In subpart C we specified the types of acceptable instruments, but 
we only recommend individual instrument performance. We provided these 
recommendations as guidance for procuring new instruments. We feel that 
the periodic performance checks that we required in subpart D will 
sufficiently evaluate the individual instruments as part of an overall 
measurement system. In subpart F we specified measurement performance 
validations that must be conducted as part of every laboratory test. In 
subpart J we specified similar measurement performance validations for 
field testing that must be conducted as part of every field test. We 
feel that the periodic performance checks in subpart D and the 
validations in subparts F and J that are required for every test ensure 
that complete measurement systems are operating properly.

[[Page 54850]]

    In subpart J we also specified an additional overall performance 
check for a field test system. This check is a comprehensive comparison 
of a field test system versus a laboratory, and it may take several 
days of laboratory time to set up, run, and evaluate. We propose that 
this performance check must be performed at least once for a given 
make, model, and configuration of a field test system. We request 
comment on whether or not we should additionally require that this 
check be performed on every individual field test system at least once. 
We request comment on whether or not we should require the end-user of 
a field test system to perform this overall check. We believe that the 
performance checks in subpart D and the test validations in subpart J 
will ensure that an individual field test system is operating properly, 
however, we request comment on whether or not this comprehensive 
overall check must also be required to completely ensure proper 
operation of an individual field test system.
    Below is a brief description of the content of each subpart, 
highlighting some of the new content.
1. Subpart A General Provisions
    In Subpart A we identify the applicability of part 1065 and 
describe how procedures other than those in part 1065 may be used to 
comply with a standard-setting part. We specify that testing must be 
conducted in a way that represents in-use engine operation, such that 
in the rare case where provisions in part 1065 result in 
unrepresentative testing, other procedures would be used. In subpart A 
we indicate the conventions we use regarding units and certain 
measurements and we discuss recordkeeping. We also provide an overview 
of how emissions and other information are used to determine final 
emission results. The regulations in Sec.  1065.15 include a figure 
illustrating the different ways we allow brake-specific emissions to be 
calculated.
    In Subpart A we describe how continuous and batch sampling may be 
used to determine total emissions. We also describe the two ways of 
determining total work. Note that the figure indicates our default 
procedures and those procedures that would require additional approval 
before we would allow them for use.
2. Subpart B Equipment Specifications
    Subpart B first describes engine and dynamometer related systems. 
Many of these specifications are scaled to an engine's size, speed, 
torque, exhaust flow rate, etc. We specify the use of in-use engine 
subsystems such as air intake systems wherever possible in order to 
best represent in-use operation when an engine is tested in a 
laboratory.
    Subpart B next describes sampling dilution systems. These include 
specifications for the allowable components, materials, pressures, and 
temperatures. We describe how to sample crankcase emissions. We also 
propose to allow limited use of partial-flow dilution for PM sampling. 
We request comment on whether or not our specifications for partial-
flow dilution and our specifications for proportional-sampling 
validation (i.e., Sec.  1065.140(d) and Sec.  1065.545) are sufficient 
for us to allow partial-flow dilution for all PM sampling without 
requiring alternate system approval.
    Subpart B also specifies environmental conditions for PM filter 
stabilization and weighing. Although these provisions mostly come from 
our recent update to part 86, subpart N, we also describe some new 
aspects in detail.
    The regulations in Sec.  1065.101 include a diagram illustrating 
all the available equipment for measuring emissions.
3. Subpart C Measurement Instruments
    Subpart C specifies the requirements for the measurement 
instruments used for testing. In subpart C we recommend accuracy, 
repeatability, noise, and response time specifications for individual 
measurement instruments, but note that we require that overall 
measurement systems meet the calibration and performance checks in 
Subpart D.
    In some cases we allow new instrument types to be used where we 
previously did not allow them. For example, we propose to allow the use 
of a nonmethane cutter for NMHC measurement, we propose to allow the 
use of non-dispersive ultra-violet analyzers for NOX 
measurement, we propose to allow the use of zirconia sensors for 
NOX and O2 measurement, we propose to allow various raw 
exhaust flow meters for laboratory and field testing measurement, and 
we propose to allow ultrasonic flow meters for CVS systems.
4. Subpart D Calibration and Performance Checks
    Subpart D describes what we mean when we specify accuracy, 
repeatability and other performance parameters. We propose calibration 
and performance checks that scale with engine size and the emission 
standards to which an engine is certified. We propose to replace some 
of what we have called ``calibrations'' in the past with a series of 
performance checks, such as a linearity check, that essentially checks 
the calibration of an instrument without specifying how the instrument 
must be initially calibrated. Because new instruments have built-in 
routines that linearize signals and compensate for various 
interferences, our typical calibration specifications sometimes 
conflicted with an instrument manufacturer's instructions. In addition 
we propose new performance checks in subpart D to ensure that the new 
instruments we specified in Subpart C are used correctly.
5. Subpart E Engine Selection, Preparation, and Maintenance
    Subpart E describes how to select, prepare, and maintain a test 
engine. We updated these provisions to include both gasoline and diesel 
engines. This subpart is relatively short, and we did not make many 
changes to its original content.
6. Subpart F Test Protocols
    Subpart F describes the step-by-step protocols for engine mapping, 
test cycle generation, test cycle validation, pre-test preconditioning, 
engine starting, emission sampling, and post-test validations. We 
propose an improved way to map and generate cycles for constant-speed 
engines. The constant-speed mapping procedure we propose better 
represents in-use engine operation. We propose a more streamlined set 
of test cycle and proportional validation criteria. We propose to allow 
modest corrections for noise and drift of emission analyzer signals 
within a certain range. We also propose a recommended procedure for 
weighing PM samples.
7. Subpart G Calculations and Required Information
    Subpart G describes all of the calculations that are required in 
part 1065. We propose definitions of statistical quantities such as 
mean, standard deviation, slope, intercept, t-test, F-test, etc. By 
defining these quantities mathematically we intend to resolve any 
potential mis-communication when we discuss these quantities in other 
subparts. We propose all of the calculations for calibrations and 
emission calculations in international units to comply with 15 CFR 
1170, which removes the voluntary aspect of the conversion to 
international units for Federal agencies. Furthermore, Executive Order 
12770 (56 FR 35801, July 29, 1991) reinforces this policy by providing 
Presidential authority and direction for the use of the metric system 
of measurement by Federal agencies and departments. For our

[[Page 54851]]

standards that are not completely in international units (i.e. grams/
horsepower-hour, grams/mile), we specify in part 1065 the correct use 
of internationally recognized conversion factors.
    We also propose to calculate emissions based on molar quantities 
for flow rates, instead of volume or mass. This change eliminates the 
frequent confusion caused by the use of different reference points for 
standard pressure and standard temperature. Instead of declaring 
standard densities at standard pressure and standard temperature to 
convert volumetric concentration measurements to mass-based units, we 
declare molar masses for individual elements and compounds. Since these 
values are independent of all other parameters, they are known to be 
constant.
8. Subpart H Fuels, Fluids, and Analytical Gases
    Subpart H specifies test fuels, lubricating oils and coolants, and 
analytical gases for testing. Because standard-setting parts for diesel 
engines now refer to part 1065, we are proposing diesel fuel 
specifications in part 1065. These fuel specifications are consistent 
with those previously adopted, with one exception. We propose to 
eliminate the Cetane Index specification for all diesel fuels because 
the existing specification for Cetane Number sufficiently determines 
the cetane levels of diesel test fuels. We propose to eliminate any 
detailed specification for service accumulation fuel. Instead, we 
propose that service accumulation fuel may be a commercially available 
in-use fuel. This change helps ensure that testing is representative of 
in-use engine operation. We propose to scale analytical gas 
specifications with the standards, which an engine must meet.
    In addition, we request comment on whether or not we should 
consider revising our specifications for ultra low-sulfur diesel test 
fuel to reflect the expected lower distillation range relative to fuels 
with higher sulfur levels. We request comment on whether or not 
widening the distillation ranges by lowering the lower limit by 5 
[deg]C would better reflect in-use diesel fuels with sulfur 
concentrations below 15 ppm. The following table shows alternative 
distillation temperatures for ultralow-sulfur diesel test fuel, with 
the lower end of the distillation ranges lowered by 5 [deg]C.

      Alternate Distillation Range for Ultra Low-sulfur Diesel Fuel
------------------------------------------------------------------------
          Distillation range                         Value
------------------------------------------------------------------------
Initial Boiling Point................  (166 to 204) [deg]C.
10% point, [deg]C....................  (199 to 238) [deg]C.
50% point, [deg]C....................  (238 to 282) [deg]C.
90% point, [deg]C....................  (288 to 332) [deg]C.
End point, [deg]C....................  (316 to 366) [deg]C.
------------------------------------------------------------------------

9. Subpart I Oxygenated Fuels
    Subpart I describes special procedures for measuring certain 
hydrocarbons whenever oxygenated fuels are used. We updated the 
calculations for these procedures in Subpart G. This subpart is 
relatively short, and we did not make many changes to its original 
content. We request comment on whether or not we should provide 
additional guidance for testing with oxygenated fuels. For example, the 
regulations currently include a general reference to 40 CFR part 86 for 
sampling procedures related to oxygenated fuels. We request comment on 
the degree to which any specific provisions in part 86 should be 
included in Subpart I.
10. Subpart J Field Testing
    Although Subpart J Field Testing existed prior to this proposal, we 
are proposing many changes to this subpart. We are proposing that in 
general, field testing equipment and measurement instruments meet the 
same specifications and performance checks that laboratory instruments 
must meet, according to subparts B, C, and D. However, for field 
testing instruments, we propose to allow certain deviations from the 
laboratory specifications. In addition to meeting many of the 
laboratory system requirements, we propose that a field test system 
meet an overall performance check versus a laboratory. This check 
involves repeating a duty cycle several times. The duty cycle itself 
must have several individual field test intervals (e.g., NTE events) 
against which the field test system is compared to the laboratory 
system. This is a comprehensive check of the field test system. We also 
propose a procedure for preparing and conducting a field test, and we 
propose additional drift and noise allowances for emission analyzers. 
Given the evolving state of portable emissions measurement technology, 
the proposed field testing procedures provide for a number of known 
measurement techniques. We request comment on the relative efficacy of 
these approaches and/or the need to consider additional methods. We 
plan to expand on this topic in an upcoming memo to the docket.
11. Subpart K Definitions, References, and Symbols
    In Subpart K we propose some new and revised definitions of 
vocabulary that we frequently use in part 1065. For example we have 
revised our definitions of ``brake power'', ``constant-speed engine'', 
and ``aftertreatment'' to provide more clarity, and we have added new 
definitions for things such as ``300 series stainless steel'', 
``barometric pressure'', and ``operator demand''. We propose 
definitions such as ``duty cycle'' and ``test interval'' to distinguish 
the difference between a single interval over which brake-specific 
emissions are calculated and the complete cycle over which emissions 
are evaluated in a laboratory. We also propose a thorough and 
consistent set of symbols, abbreviations, and acronyms. We propose to 
update our references to include references of the National Institute 
of Standards and Technology and the International Organization for 
Standardization (ISO).

II. Technical Amendments

A. Definitions and Penalties

    We are proposing to revise several definitions that apply over more 
than one part of our regulations. These changes are designed to 
harmonize our regulations.
    We are proposing to change the definition of Marine engine and 
Marine vessel to harmonize our approach to amphibious vehicles and 
clarify other issues. We have treated amphibious vehicles differently 
whether they had a diesel engine or a spark-ignition engine. We are 
proposing to harmonize our treatment of amphibious vehicles by 
consistently treating these as land-based products. We are also adding 
a provision defining amphibious vehicles are those that are designed 
primarily for operation on land to clarify that we don't consider 
hovercraft to be amphibious vehicles. See the Technical Support 
Document for additional information related to these definitions. In 
particular, note that we describe our interpretation of what it means 
for an engine to be ``installed in a marine vessel.'' Manufacturers 
have raised several questions related to this issue, especially as it 
relates to portable engines installed on barges.
    We are also considering changes to the definition for Spark-
ignition and Compression-ignition. We define Compression-ignition as 
relating to reciprocating internal-combustion engines that are not 
spark-ignition engines. We limit these definitions to reciprocating 
engines to avoid including gas turbines under the definition of

[[Page 54852]]

Compression-ignition. We currently do not have emission standards for 
gas turbines. A question has come up regarding how we should treat 
rotary engines, such as the Wankel engine. We request comment regarding 
whether the definition of Compression ignition should refer to 
``reciprocating and rotary engines'' to clarify that rotary engines not 
meeting the definition for Spark-ignition engines would fall under our 
provisions for compression ignition engines.
    We currently define Spark-ignition as follows:

    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) 
and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark-ignition engines usually 
use a throttle to regulate intake air flow to control power during 
normal operation.

This definition has left some confusion regarding natural gas engines 
that have a throttle, but perhaps do not clearly have operating 
characteristics that are significantly similar to the theoretical Otto 
combustion cycle. As an alternative, we are considering the following 
definition to remove this ambiguity:

    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device). 
Engines that use diesel fuel are not spark-ignition engines.

Such a simple approach would be very clear, but could have the effect 
of defining some natural gas engines that have operating 
characteristics that are significantly similar to the theoretical 
diesel combustion cycle as spark-ignition engines. This may be 
appropriate, but it would represent a change from our existing policy 
for these engines. We are also considering another definition, as 
follows:

    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) 
and with operating characteristics similar to the theoretical Otto 
combustion cycle. Spark-ignition engines usually burn a premixed 
charge of air and fuel. Engines that use diesel fuel are not spark-
ignition engines.

This definition aims for consistency with the existing policy, but 
focuses on premixed combustion instead of the throttle to indicate 
whether natural gas engines are more appropriately regulated as 
compression-ignition or spark-ignition engines.
    We welcome comment on all of these possible definitions of spark-
ignition, as well as other possible approaches to this definition.
    The Clean Air Act specifies maximum penalty amounts corresponding 
to each prohibited Act. These maximum penalty amounts are periodically 
adjusted for inflation, based on the provisions of the Debt Collection 
Improvement Act. These maximum penalties have been updated under 40 CFR 
part 19. The new maximum penalties are $32,500 for introducing 
noncompliant engines into commerce for manufacturers guilty of 
tampering, and $2,750 for non-manufacturers guilty of tampering. In 
addition, the maximum penalty we can recover using administrative 
procedures is $270,000. We are proposing to extend these revised 
penalties into each of our emission-control programs.

B. Nonroad General Compliance Provisions (40 CFR Part 1068)

    In addition to the changing test procedures described above, we are 
proposing or considering changes that would affect multiple engine 
categories.
    We are proposing several amendments to the provisions of 40 CFR 
part 1068, which currently apply to land-based nonroad diesel engines, 
recreational vehicles, and nonroad spark-ignition engines over 19 kW. 
We encourage manufacturers of other engines to take note of these 
changes, since we intend eventually to apply the provisions of part 
1068 to all engines subject to EPA emission standards. Note that we are 
not requesting comment on the whole range of provisions in part 1068, 
but rather on those items that are included in this proposal. These 
changes include the following:
     Section 1068.10: Clarify confidentiality provisions to 
address how we treat information that we collect from on-site visits or 
testing, as opposed to information that manufacturers send to us.
     Section 1068.30: Add or correct definitions to coordinate 
with the standard-setting parts and clarify various terms.
     Section 1068.105: Expand paragraph (a) to better explain 
requirements for equipment manufacturers to use current model-year 
engines. This relates especially to the existing provision that allows 
equipment manufacturers to use up their normal inventories of engines 
from previous model years in cases where a new emission standard takes 
effect. We propose to change Sec.  1068.101(a)(1) to reflect these 
changes.
     Section 1068.110: Clarify that the manufacturers' warranty 
obligation includes all expenses related to diagnosing and repairing or 
replacing emission-related parts. This is not intended to include 
incidental expenses (such as replacement units during warranty 
service), consequential damage (such as damage caused by engine 
malfunction), or opportunity costs (such as foregone revenue from 
engine downtime).
     Section 1068.115: Add text to paragraph (a) to provide a 
complete list of reasons for manufacturers to deny warranty claims. 
This clarifies that the list of reasons given in paragraph (b) is 
descriptive, and is not intended to be comprehensive.
     Section 1068.245: Clarify that manufacturers applying for 
hardship must use the provisions of Sec.  1068.250 (if applicable) 
before applying for hardship under Sec.  1068.245. This is necessary to 
remove the ambiguity resulting from the current approach, which 
specifies that both Sec. Sec.  1064.245 and 1068.250 are provisions of 
last resort.
     Section 1068.260: Clarify that including the cost of 
separately shipped components means that the cost of shipping must also 
be addressed.
     Section 1068.265: Add provisions that clarify what 
manufacturers must do when they are required to meet emission standards 
for engines that are not certified. A typical example would be an 
exemption that applies to new engines that replace an old engine that 
was certified to emission standards. We already require these engines 
to have the same degree of emission control as the replaced engine. We 
do not want manufacturers to certify these engines, but we are 
proposing to add requirements to clarify how manufacturers can show 
that the new engines meet an older set of emission standards. This 
involves either using an engine that is the same as one that was 
certified in an earlier model year, or performing tests to show that 
the engines meet the specified emission levels. In any case, 
manufacturers would not need to go through the process or pay the fees 
associated with certification. We recently adopted these same 
provisions for nonroad diesel engines and are proposing to extend them 
to the other engine categories covered by part 1068.
     Section 1068.315: Reduce the ownership requirement for the 
identical configuration exemption from one year to six months; also, 
change the qualifying criterion from ``the same as'' to ``identical 
to.''
     Section 1068.410: Add provisions allowing manufacturers to 
test engines up to three times total if an engine family reaches a fail 
decision under selective enforcement auditing, consistent with the 
provisions that apply under most of our programs.

[[Page 54853]]

     Section 1068.510: Clarify that manufacturers must describe 
the qualifications of repair personnel, rather than simply stating that 
they are qualified.

C. Land-based Nonroad Diesel Engines (40 CFR Parts 89 and 1039)

    We recently adopted a new tier of emission standards for nonroad 
diesel engines, codifying these standards in 40 CFR part 1039. This 
rulemaking led us to make several regulatory changes to the existing 
tiers of standards for these engines in 40 CFR part 89. In cases where 
we discovered the need for changes after publishing the proposed rule, 
but we did not make those changes to part 89 in the final rule out of 
concern that the public had not had an opportunity for comment. 
Similarly, we are proposing some adjustments to part 1039, based on 
information that surfaced late in that rulemaking. We are proposing the 
following changes in part 89 and part 1039:
     Section 89.102: Clarify that equipment manufacturers using 
allowances under this section may use lower-emitting engines than we 
currently require.
     Section 89.110 and Sec.  89.1009: Allow manufacturers to 
identify a different company's name and trademark on the emission 
control information label, with additional provisions to ensure that 
operators take certain steps to ensure that operators have the full 
benefit of the emission-related warranty.
     Section 89.130: Refer to the nearly identical provisions 
for rebuilding engines in Sec.  1068.120.
     Section 89.410: Allow manufacturers to use ramped-modal 
testing, as specified for engines that must meet the Tier 4 standards.
     Appendix A to subpart F: Correct the ranges of values to 
address an unintentional gap for sales volumes between 300 and 500.
     Section 89.603: Clarify that standards applicable to 
Independent Commercial Importers (ICIs) are those of the year in which 
the imported engine was originally produced, for up to five engines per 
year. See the Technical Support Document and the discussion below 
related to highway engines and vehicles for additional information.
     Sections 89.913 and 89.914: Allow engine and equipment 
manufacturers to use the engine-dressing provisions in Sec. Sec.  
1039.605 and 1039.610.
     Section 89.1003: Clarify that engine manufacturers may 
ensure that the replaced engine is destroyed instead of taking 
possession of it; add a new label requirement for replacement engines 
that are allowed to meet a less stringent set of standards that are in 
effect when the replacement engine is built (to address the case where 
the engine being replaced was subject to emission standards less 
stringent than the current standards).
     Section 89.1003: Clarify that violating the requirements 
to rebuild an engine to its original configuration is considered 
tampering with respect to the applicable penalties.
     Section 89.1 and Sec.  1039.5: Allow manufacturers to 
include marine auxiliary engines in an engine family certified under 
part 89 or 1039, subject to certain limitations.
     Section 1039.1: Clarify that residence-time limits do not 
apply to engines used in stationary applications if they have been 
certified to nonroad emission standards.
     Section 1039.104, 1039.625, and 1039.655: Change cross-
reference from Sec.  1039.260 to Sec.  1068.265.
     Section 1039.125: Clarify that a manufacturer's obligation 
to pay for scheduled maintenance under certain situations is limited to 
the useful life of the engine.
     Section 1039.225: Include a modified FEL as the basis for 
a change to the application for certification, consistent with current 
practice.
     Section 1039.240: Adding section references that were 
inadvertently omitted.
     Section 1039.510: Remove provisions that are covered by 
part 1065.
     Section 1039.605 and Sec.  1039.610: Clarify the ABT 
responsibilities relative to engines or vehicles that are certified 
under the motor-vehicle program and used in nonroad applications.
     Section 1039.705: Add a constraint for averaging, banking, 
and trading to prevent manufacturers from including credits earned in 
California if there would ever be a situation where they are required 
to meet separate standards in California (or another state).
     Section 1039.740: Correct the provisions allowing the use 
of emission credits to from previous tiers of emission standards to 
include an item that was inadvertently omitted from the Tier 4 final 
rule, as described in the preamble to that final rule.
     Section 1039.801: Update various definitions to reflect 
the change to move the full text of these definitions to part 1068.
    In the Tier 4 final rule, we adopted a revised provision allowing 
manufacturers to request a useful life shorter than that specified for 
engines generally. Our recent experience with a similar provision for 
marine diesel engines has shown that it can be difficult to implement. 
The main difficulty relates to the extent and quality of the 
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision. 
A similar provision has been in place in part 89 since the beginning of 
emission standards, but we are not aware of anyone requesting a shorter 
useful life for any particular application. In the similar 
consideration of this provision for nonroad spark-ignition engines, the 
only manufacturers that we would expect to consider a shorter useful 
life would be for engines used in concrete saws, concrete pumps or 
similar severe-duty applications. To establish a shorter useful life 
for a set of engines, manufacturers would need to establish a separate 
engine family and pay the associated fees for certification. It is not 
clear that any manufacturer of nonroad diesel engines would make the 
extra effort or face the extra expense of segregating a family for a 
shorter useful life. We therefore request comment on removing this 
provision. We also request comment on the approach under consideration 
for spark-ignition engines, namely to remove the current approach of 
requesting a shorter useful life and replacing it with a useful life of 
1500 hours for engines used in concrete saws, concrete pumps, and 
similar severe-duty engines. The useful life in years would be the same 
for all engines.
    During the Tier 4 rulemaking, equipment manufacturers raised a 
concern regarding diesel engines certified to meet Tier 4 standards 
based on the use of catalyst technology relying on ultra low-sulfur 
fuel, where those engines are exported to countries with a higher 
sulfur content in diesel fuel. Many pieces of equipment may be designed 
and manufactured for the U.S. domestic market and eventually sold to an 
end-user that may use the equipment outside of the United States. The 
resulting damage to the emission-control system after extended exposure 
to the higher sulfur fuel could permanently reduce the effectiveness of 
emission controls. One possible solution would be to require that 
engines exported from the United States have the engine label and the 
aftertreatment removed before shipping the engine. This in effect 
invalidates the engine's certification, which would make it illegal to 
continue to use the engine in the United States, or to later import the 
engine back into the United States. Two potential drawbacks include 
reconciling the total balance of emission credits under the averaging, 
banking, and

[[Page 54854]]

trading program and reconciling the use of the engine in an existing 
flexibility program. Alternatively, we could require tracking engines 
and documenting end-use status once it has been placed in equipment. We 
seek comment on the use of such a provision to prevent re-importation 
of engines that are exposed to fuel sulfur levels that would be 
considered tampering if it occurred in the United States.

D. Marine Diesel Engines (40 CFR Part 94)

    We are proposing several changes to our diesel marine engine 
program, in 40 CFR part 94. These changes are intended to clarify 
several aspects of the program. These changes, which are described in 
more detail in the Technical Support Document, are as follows:
     Section 94.2: Modify the definitions of ``marine engine'' 
and ``marine vessel'' and add a new definition of ``amphibious 
vehicle'' to clarify what kinds of amphibious vehicles are not 
considered marine vessels; modify the definition of ``United States'' 
to remove the reference to the Trust Territories of the Pacific 
Islands.
     Section 94.904: Allow the sale of an exempted or excluded 
engine if it is certified or identical to a certified engine.
     Section 94.907: Allow vessel manufacturers to take 
advantage of the engine dresser provisions; clarify the reporting 
requirement to specify that the total number of dressed engines 
produced by all companies dressing that base engine for use in a marine 
vessel is less than 50 percent of total annual sales for the base 
engine; add language clarifying the requirements related to generating 
and using emission credits with these engines.
     Section 94.912: Exempt marine auxiliary engines from the 
part 94 requirements as long as they are included in an engine family 
certified under part 1039 or 89, subject to certain limitations.
     Section 94.1001: Revise applicability to clarify that the 
provisions in Subpart K apply to manufacturers, owners, and operators 
of marine vessels that contain engines with per-cylinder displacement 
of at least 2.5 liters.
     Section 94.1103: Clarify that the engine manufacturer may 
ensure that the replaced engine is destroyed instead of taking 
possession of it; add a new label requirement for replacement engines 
that are allowed to meet a less stringent set of standards than are in 
effect when the replacement engine is built (to address the case where 
the engine being replaced was subject to less stringent emission 
standards).
    The Technical Support Document also clarifies the conditions under 
which an auxiliary engine used on a marine vessel will be considered a 
marine auxiliary engine and be subject to 40 CFR 94.

E. Small Nonroad Spark-Ignition Engines (40 CFR Part 90)

    We are proposing to add a new section 90.913 to better define the 
responsibilities for manufacturers choosing to certify their engines 
below 19 kW to the emission standards for Large SI engines in 40 CFR 
part 1048. We are also revising section 90.1 to cross-reference 
provisions in parts 86, 1048, and 1051 that allow highway motorcycle 
engines and nonroad engines above 19 kW to meet the requirements in 
part 90 under certain conditions.
    We have adopted a new approach to define maximum engine power in 40 
CFR part 1039 for nonroad diesel engines for purposes of defining the 
applicability of standards. This definition includes a detailed 
procedure for determining this value. The current approach for Small SI 
engines is to rely on a definition of ``gross power'' that describes 
generally how to characterize an engine's maximum power. We request 
comment on adopting the new definition of maximum engine power in 40 
CFR part 90. This would have the advantage of harmonizing our treatment 
of this basic tool to characterize engines and would allow for 
consistent treatment across programs. See the Technical Support 
Document for more information.
    In addition, we are updating current references to test procedures 
in 40 CFR part 86 by pointing instead to 40 CFR part 1065. 
Manufacturers are also encouraged to review the proposed provisions in 
40 CFR part 1065, since we intend eventually to apply those same 
procedures to Small SI engines. In particular, we have noted that the 
equations in Sec.  90.426(b) and (d) for calculating mass flow rate and 
dilution factor differ from the comparable equations in part 1065, 
subpart G. We request comment on applying the equations from part 1065, 
subpart G, to Small SI engines for calculating these values.

F. Marine Spark-Ignition Engines (40 CFR Part 91)

    We are proposing only minimal changes for marine SI engines in 40 
CFR part 91. These changes are primarily to update current references 
to test procedures in 40 CFR part 86 by pointing instead to 40 CFR part 
1065. We are also updating various definitions, as described in Section 
II.A. Manufacturers are also encouraged to review the proposed 
provisions in 40 CFR part 1065, since we intend eventually to apply 
those same procedures to marine SI engines.

G. Large Nonroad Spark-Ignition Engines (40 CFR Part 1048)

    We adopted emission standards for nonroad spark-ignition engines 
over 19 kW in November 2002 (67 FR 68242). The regulations in 40 CFR 
part 1048 were our first attempt to draft emission-control regulations 
in plain-language format. In the recent final rule for nonroad diesel 
engines, we went through a similar process, including extensive 
interaction with a different set of manufacturers. This process led us 
to adopt regulatory provisions in 40 CFR part 1039 that differ somewhat 
from those in part 1048. Since the process of meeting standards, 
applying for certificates, and complying with other emission-related 
requirements has a lot of commonality across programs, we have a strong 
interest in adopting consistent provisions and uniform terminology 
where possible. As a result, we are proposing extensive changes in part 
1048 to align with the regulations in part 1039. Many of these changes 
reflect minor wording differences. The more significant changes to part 
1048 include the following:
     Section 1048.105: Exclude marine fuel tanks from the 
standards for evaporative emissions. This is appropriate, because the 
fuel-hose requirements are incompatible with Coast Guard requirements 
and because we are developing a separate emission-control program that 
would apply to all fuel tanks associated with marine spark-ignition 
engines.
     Section 1048.135: Add a requirement for manufacturers to 
supply duplicate labels. This corresponds with the recently adopted 
provisions of 40 CFR 1068.105(c) that ensure that equipment 
manufacturers will take steps to prevent the misuse of duplicate 
labels.
     Section 1048.135: Allow manufacturers to identify a 
different company's name and trademark on the emission control 
information label, with additional provisions to ensure that 
manufacturers take certain steps to ensure that operators have the full 
benefit of the emission-related warranty.
     Section 1048.145: Add detailed provisions to the family-
banking provisions to better define the qualifying criteria and the 
process for using this provision. For example, we

[[Page 54855]]

establish a date by which manufacturers must begin production of early-
compliant engines to avoid giving credits for marginal early 
production, we clarify that the late-complying engines must continue to 
meet the Tier 1 standards, and we add a requirement that manufacturers 
report the number of engines they produce under this provision to allow 
us to verify compliance.
     Section 1048.310: Clarify that the maximum testing rate of 
1 percent for production-line testing applies only after testing the 
minimum number of engines specified.
     Section 1048.501: Allow an optional procedure for 
measuring diurnal emissions from plastic fuel tanks. This addresses the 
fact that we intended to control diurnal emissions from fuel tanks, not 
permeation emissions. This will have minimal environmental impact, 
since plastic fuel tanks are rarely used with industrial spark-ignition 
engines. While we may consider adding permeation controls in the 
future, we are proposing to adopt procedures that would not require 
upgrades to plastic fuel tanks at this time.
     Section 1048.505: Allow manufacturers to use ramped-modal 
testing for simplified measurement of steady-state emission results. 
See the Technical Support Document for additional discussion or ramped-
modal testing.
    For discussion of additional changes, see the Technical Support 
Document.
    In the November 2002 final rule, we adopted a provision allowing 
manufacturers to request a useful life shorter than that specified for 
engines generally. Our recent experience with a similar provision for 
marine diesel engines has shown that it can be difficult to implement. 
The main difficulty relates to the extent and quality of the 
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision. 
As far as we are aware, the only manufacturers that might reasonably 
consider a shorter useful life would be for engines used in severe-duty 
applications. To establish a shorter useful life for a set of engines, 
manufacturers would need to establish a separate engine family and pay 
the associated fees for certification. During the rulemaking, 
manufacturers of these engines suggested that their engines rarely 
operate longer than 1500 hours. We therefore request comment on 
removing the current approach of requesting a shorter useful life and 
replacing it with a useful life of 1500 hours for severe-duty engines. 
The useful life in years would be the same for all engines.
    Starting in the 2007 model year, manufacturers must show that they 
meet emission standards over a transient duty cycle. The specified 
transient duty cycles were based on real-world operation from in-use 
engines. While these duty cycles were extensively tested with a variety 
of engines over the course of the rulemaking, we have learned that 
certain high-speed engines may not be able to sufficiently match the 
speed-load trace in the duty cycle to meet cycle-validation criteria. 
The cycle was developed with engines that were designed with governed 
speeds around 3000 rpm. For example, for engines with governed speeds 
of 3600 rpm or higher, the denormalized duty cycle may have exaggerated 
acceleration rates that exceed an engine's capability.\2\ In this 
situation, manufacturers would be able to use a modified duty cycle 
under the provisions for special test procedures in 40 CFR 1065.10. We 
request comment on the need for using the provision for special test 
procedures to address this situation. We also request comment on 
whether it would be appropriate to make cycle-related adjustments in 
the regulation. This could take the form of relaxed values for cycle 
validation criteria, limits to cap acceleration rates, using different 
maximum-speed and maximum-torque values for denormalizing, or other 
approaches.
---------------------------------------------------------------------------

    \2\ The prescribed duty cycle is a normalized sequence of speeds 
and loads expressed as a percentage of an engine's maximum values. 
Before testing, these percentage values must be denormalized into 
rpm and N-m values that are specific to the test engine based on its 
maximum speed and torque capabilities.
---------------------------------------------------------------------------

H. Recreational Vehicles (40 CFR Part 1051)

    We are proposing to make several adjustments and clarifications to 
the regulations for recreational vehicles in part 1051, including the 
following:
     Clarify the characteristics for evaporative emission 
families to include items we inadvertently omitted from the November 
2002 final rule, and make it clearer how evaporative and exhaust 
emission families relate to each other.
     Clarify the evaporative test procedures regarding steps to 
seal the fuel tank.
     Define ``Fuel lines'' to remove uncertainty related to 
which products are subject to permeation standards.
     Specify a maximum 8-hour time period between refueling and 
starting the permeation test run and clarify that extending permeation 
testing from two weeks to four weeks depends on establishing a linear 
change in emissions based on daily measurements.
     Clarify that youth-model ATVs and off-highway motorcycles 
count toward meeting the phase-in requirements.
     Remove the ATV FEL cap for carbon monoxide, which was 
inadvertently left in the final regulations.
     Specify that the warranty period may be based on hours of 
engine operation in addition to odometer readings.
     Allow rounding of Normalized Emission Rates to one decimal 
place, rather than to the nearest whole number, and adding additional 
equations for smaller engines.
     Change the minimum useful life for youth-model ATVs and 
off-highway motorcycles to 5,000 kilometers and 500 hours.
     Allow all ATVs certifying to J1088 to use the raw gas 
sampling provisions of Part 91 for engine testing through the 2008 
model year, which was intended in the November 2002 final rule.
     Allows manufacturers to test engines based on an engine's 
maximum power if that better represents in-use operation, rather than 
using the specified procedure to establish maximum test speed.
     Adopt a speed threshold to exclude low-speed all-terrain 
vehicles from part 1051. For example, low-speed amphibious vehicles not 
meeting the definition of offroad utility vehicles would be covered by 
part 90 instead of part 1051.
    These provisions are all discussed in more detail in the Technical 
Support Document. In addition, we request comment regarding whether it 
is appropriate to adopt a ramped-modal test method as an alternative 
for the steady-state tests applicable to recreational vehicles under 
Sec.  1051.505 and Sec.  1051.615. This is also discussed in more 
detail in the Technical Support Document.
    We adopted emission standards for recreational vehicles in November 
2002 (67 FR 68242). The regulations in 40 CFR part 1051 were our first 
attempt to draft emission-control regulations in plain-language format. 
In the recent final rule for nonroad diesel engines, we went through a 
similar process, including extensive interaction with a different set 
of manufacturers. This process led us to adopt regulatory provisions in 
40 CFR part 1039 that differ from those in part 1051. Since the process 
of meeting standards, applying for certificates, and complying with 
other emission-related requirements has a lot of commonality across 
programs,

[[Page 54856]]

we have a strong interest in adopting consistent provisions and uniform 
terminology as much as possible. As a result, we are proposing 
extensive changes in part 1051 to align with the regulations in part 
1039. Many of these changes reflect minor wording differences. The more 
significant changes to part 1051 include the following:
     Section 1051.135: Allow manufacturers to identify a 
different company's name and trademark on the emission control 
information label, with additional provisions to ensure that operators 
take certain steps to ensure that operators have the full benefit of 
the emission-related warranty.
     Section 1051.135: Add a requirement for manufacturers to 
supply duplicate labels. This corresponds with the recently adopted 
provisions of 40 CFR 1068.105(c) that ensure that equipment 
manufacturers will take steps to prevent the misuse of duplicate 
labels.
     Section 1051.135: Add a requirement to include the hang-
tag label with normalized emission rates in the application for 
certification.
     Section 1051.225: For situations where the Family Emission 
Limit changes during a model year, the manufacturer calculates the 
credit balance for the family based on the FEL that applies for the 
corresponding production volume. This allows manufacturers to generate 
more credits (or use fewer credits), but this is consistent with the 
fact that manufacturers are liable for the emission-control performance 
of each engine relative to the FEL that applied at the point of 
production.
     Section 1051.501: Add ``or add'' in paragraph (b)(2) to 
clarify that the addition of fuel would not be allowed after the first 
weight measurement is taken in the permeation test run.
     Section 1051.705: Add a constraint for averaging, banking, 
and trading to prevent manufacturers from including credits earned in 
California if there would ever be a situation where they are required 
to meet separate standards in California (or another state).
     Section 1051.505 and 1051.615: We request comment on 
adding an option to allow manufacturers to conduct steady-state testing 
using ramped-modal cycles, as described in the Technical Support 
Document.
    We request comment on all these changes to part 1051.

I. Locomotives (40 CFR Part 92)

    We are proposing a variety of changes for our locomotive 
regulations in 40 CFR part 92 to make correct various technical 
references and typographical errors. See the Technical Support Document 
and the proposed regulations for additional information.
    In addition, we are requesting comment on a few additional items. 
The Engine Manufacturers Association recommended several revisions to 
the locomotive regulations.\3\ We are proposing many of these changes, 
and are requesting comment on those that we are not proposing. We are 
especially interested in comments related to EMA's request to revise 
the accuracy specifications found in Sec. Sec.  92.104(b)(1)(i), 
92.105(d), 92.106(b)(1)(ii), 92.107(a)(1), and 92.126(b)(3). These 
comments generally express a concern that the adopted specifications 
require too much precision or accuracy. We request further comment on 
the achievable level of precision and accuracy for these 
specifications, and on the degree to which we should change the 
specified values.
---------------------------------------------------------------------------

    \3\ ``Recommended Technical Amendments to EPA Tier 0/1/2 
Locomotive Rule,'' Handout from the Engine Manufacturers 
Association, October 2003 (Docket OAR-2004-0017-0002).
---------------------------------------------------------------------------

    The standards for locomotive engines currently do not apply to 
engines used in locomotives if they have a maximum power below 750 kW. 
These engines are generally designed and manufactured for other 
applications, so they are excluded from locomotive standards and 
procedures. We have received a request that we allow engines below 750 
kW that are used in locomotives to optionally certify to locomotive 
standards instead of the otherwise applicable requirements of 40 CFR 
part 89.\4\ This commenter suggested the following addition to the 
regulations in 40 CFR part 92:
---------------------------------------------------------------------------

    \4\ ``Inclusion of the Railpower Green Goat Hybrid Locomotive 40 
CFR 92 Averaging, Trading, and Banking'' e-mail from Christopher 
Weaver, Railpower, May 7, 2004 (Docket OAR-2004-0017-0003).
---------------------------------------------------------------------------

    The manufacturer or remanufacturer of a vehicle propelled by an 
engine rated less than 750 kW, but that otherwise meets all the 
requirements of this definition may elect to have it treated under this 
part rather than under part 89 by giving written notice of such 
election to the Administrator. All of the provisions of this part shall 
apply to vehicles for which such an election is made.
    We continue to believe that engines below 750 kW should be 
regulated as nonroad diesel engines under part 89. However, we request 
comment on this suggestion to allow manufacturers to optionally meet 
the standards in part 92 instead. We also request comment regarding the 
applicability of the line-haul emission standards to these low-power 
locomotive engines. Finally, we request comment on alternate 
calculations to address the equivalent tractive horsepower of hybrid 
locomotives.

J. Highway Engines and Vehicles (40 CFR Part 86)

1. Light-duty Vehicles
    a. Calculation Method for Nonmethane Hydrocarbons. Text changes are 
proposed to properly align EPA and CARB calculation methods for 
measuring nonmethane hydrocarbons from gasoline, diesel, methanol, 
ethanol, and liquefied petroleum gas fueled light-duty vehicles. 
Harmonization of EPA and CARB testing and calculation practices, 
including proper accounting for the methane response of the total 
hydrocarbon FID, was anticipated when Tier 2 regulations were 
developed. Modifying the language in 86.121-90(d) and 86.144-
94(c)(8)(vi) to explicitly require the use of a measured methane 
response factor, as opposed to the current CFR text which specifies an 
assumed methane response factor of 1.0, will align the calculation 
methods. Calculating nonmethane hydrocarbon using a measured methane 
response factor is the technically correct calculation and measurement 
method.
    b. Correction to Tier 2 Regulations. On December 6, 2002, we made 
some minor technical amendments to EPA's Tier 2/Gasoline Sulfur 
regulations (67 FR 72821, December 6, 2002). However, those actions 
mistakenly reversed a prior correction to Table S04-2 in Sec.  86.1811-
04(c)(6) that was made on February 28, 2000 (65 FR 10598, February 28, 
2000). We are now reestablishing the correct version of that table. 
Specifically, in Sec.  86.1811-04(c)(6), in Table S04-2, the ``Notes'' 
entry corresponding with ``Bin No. 9'' should read ``a b e f g h''.
    c. Correction to Supplemental Federal Test Procedure Regulations. 
We propose to make the following corrections to regulatory references, 
spelling, and the like with these technical amendments:
     An incorrect regulatory reference is corrected in section 
86.158-00;
     Revision to section 86.161-00 inserts the correct humidity 
tolerance of plus-or-minus 5 grains of water/pound of dry air; and
     Revision to the equation in section 86.164-00 adds plus 
(``+'') signs that were omitted in the regulations.
    d. Correction to National Low Emission Vehicle Regulations. In 
several places in the National Low Emission Vehicle (NLEV) emissions 
standards

[[Page 54857]]

there are typographical errors affecting emission standards and testing 
provisions which require correction:
     Incorrect in-use formaldehyde standards for light-duty 
vehicles in tables R99-5 and R99-6 (Sec.  86.1708-99).
     Incorrect model year applicability of in-use standards for 
light-duty trucks (Sec.  86.1709-99(c)(1)).
     Missing standards for light-duty trucks from 0-3750 loaded 
vehicle weight in Table R99-14.2 (Sec.  86.1709-99).
     Correction of fleet average NMOG standards for calculating 
credits for 1997 and 1998 model years in the Northeast Trading Region 
(Sec.  86.1710-99(c)(8)).
     Correcting a reference to 86.1705-99(e)(4) that should 
have been to 86.1707-99(d)(4) (Sec.  86.1711-99).
2. Highway Motorcycles
    a. Highway Motorcycle Labeling Requirements. On January 15, 2004, 
we finalized new emission standards for highway motorcycles (69 FR 
2398, January 15, 2004). These new standards are implemented in two 
stages: a ``Tier 1'' that is effective in the 2006 through 2009 model 
years, and a ``Tier 2'' that takes effect starting with the 2010 model 
year. These standards are generally harmonized with California emission 
standards that take effect two years earlier. Under the new standards, 
Class III motorcycles must comply with a new HC+NOX emission 
standard on a corporate average basis. This new flexibility allows 
manufacturers to market motorcycles that produce more pollution than 
the designated average standard as long as they are balanced out by 
sales of less-polluting models such that the manufacturers' sales-
weighted corporate average remains below the standard. Averaging is 
also optionally allowed for Class I and II motorcycles.
    Since publishing the final rule, however, we realized that the 
labeling language for highway motorcycles is not helpful in the context 
of the new averaging standard. The current federal labeling language 
(see 40 CFR 86.413-78) only requires that a motorcycle label indicate 
compliance with EPA standards for a given model year. This is all that 
is needed when there is no uncertainty regarding what the applicable 
emission standards are. In the context of the type of averaging program 
we finalized, however, the manufacturers essentially choose their own 
emission standard (up to a cap) for each engine family. The 
manufacturer-selected emission standard is known as a ``Family Emission 
Limit,'' or FEL. For example, a manufacturer with two engine families 
might market one meeting a standard of 2.2 grams/mile HC+NOX 
and another one meeting a standard of 0.5 grams/mile HC+NOX. 
If these are equally-selling engine families, then the manufacturer 
will meet the required Tier 1 average of 1.4 grams/mile 
HC+NOX.
    In the case described above, a label with only the model year will 
not provide adequate information regarding the applicable emission 
standard. Historically both EPA and ARB have required labels that 
identify the specific applicable FEL for vehicles certified under 
averaging programs. Therefore, we are amending the labeling 
requirements with two goals in mind. First, the label must provide 
sufficient information regarding the applicable emission standard and 
model year, as well as specific tune-up information. Second, the label 
requirements should be aligned with ARB to the greatest degree possible 
to prevent a situation where the manufacturer has to apply two labels 
to a motorcycle to meet two different sets of requirements. The new 
labeling language in 40 CFR 86.413-2006 accomplishes both of these 
goals.
    b. Highway Motorcycle Fuel Specifications. In our final rule 
setting new emission standards for highway motorcycles (69 FR 2398, 
January 15, 2004) we updated the fuel specifications for motorcycle 
emission testing to be consistent with the fuel specifications 
finalized on February 10, 2000, as part of our ``Tier 2 Motor Vehicle 
Emissions Standards and Gasoline Sulfur Control Requirements'' (65 FR 
6697, February 10, 2000). This was necessary to ensure that motorcycles 
are tested using fuels consistent with those available in the 
marketplace. We received no negative comments on making this change. It 
is necessary at this time to correct some errors that were made in 
updating the motorcycle test fuel specification. The specific 
corrections are:
     Changing the volume percent of aromatics from ``35 
minimum'' to ``35 maximum'';
     Changing the phosphorous g/liter specification from 0.005 
g/liter to 0.0013 g/liter (the alternative specification is 0.005 g/
U.S. gallon);
     Changing the sulfur weight percent from 0.08 maximum to 
0.008 maximum; and
     Changing the volatility test procedure from ``ASTM D 
3231'' to ``ASTM D 323.''
    c. Highway Motorcycles with engines below 50 cc. We are proposing 
modified language in Sec.  86.447 and Sec.  86.448 to clarify various 
aspects of the provision allowing manufacturers to use products 
certified to nonroad emission standards instead of the standards for 
highway motorcycles under part 86. These changes include the following:

--Clarify the requirement related to the number of engines that may be 
certified under nonroad programs.
--Define the requirements related to generating and using emission 
credits with these engines.
--Add language to better define the legal responsibilities for 
companies involved in producing motorcycles under this provision.
3. Heavy-Duty Highway Engines
    As discussed above, we are proposing to adopt the lab-testing and 
field-testing specifications in part 1065 for heavy-duty highway 
engines, including both diesel and Otto-cycle engines. These procedures 
replace those currently published in 40 CFR part 86 subpart N. We are 
proposing a gradual transition from the part 86 procedures over a 
period of two model years in order to fully migrate to part 1065, no 
later than model year 2008. Manufacturers would not need to conduct new 
testing if they are able to use carryover data, but any new testing for 
2008 and later model years would be done using the part 1065 
procedures. Migrating heavy-duty highway engines to the part 1065 
procedures allows us to include all the testing-related improvements in 
the HD2007 rule, including those we have adopted through guidance.\5\ 
In addition, part 1065 incorporates revisions based on updated 
procedures for sampling low concentrations of PM.
---------------------------------------------------------------------------

    \5\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------

    We are also proposing to require manufacturers to use ramped-modal 
testing to show that they meet steady-state emission standards using 
the Supplemental Emissions Test (SET), which will be required for model 
year 2007 and later engines. The conventional approach for steady-state 
testing is to measure emissions separately for each mode. Ramped-modal 
testing involves a single, continuous emission measurement as the 
engine operates over the test modes in a defined sequence, including 
short transition segments between modes. Ramped-modal testing offers 
several advantages, primarily that of increased accuracy for measuring 
very low levels of PM emissions. See the Technical Support Document for 
additional information on the advantages of ramped-modal testing.
    We are also clarifying that certain data requirements related to 
Supplemental Emission Testing are required only

[[Page 54858]]

when engines are subject to Maximum Allowable Emission Limits.
    Part 1065 bases the denormalized duty cycle on ``maximum test 
speed,'' which differs somewhat from the traditional approach from part 
86 of relying on rated speed. We request comment on whether or not we 
need to adjust how maximum test speed is applied to heavy-duty highway 
diesel engines to better represent in-use operation. Specifically, we 
request comment on whether or not we should specify that maximum test 
speed should be equal to the 112% speed from the duty cycle for this 
particular sequence. This would shift the prescribed speeds that are in 
excess of 100% speed to be no greater than 99.92% of maximum test 
speed. This adjustment would prevent excessive speeds, while ensuring 
our intent to specify maximum test speed to test an engine over its 
complete operating range.
    We are proposing a minor adjustment to the phase-in process for the 
HD2007 standards to allow manufacturers to make their compliance 
demonstration either on the basis of model years or calendar years. 
This increases the flexibility for manufacturers to define their model 
year without affecting their ability to show that they meet their 
phase-in obligations. Because the phase-in period is three years under 
either approach, we believe this adjustment would not harm the 
environmental objectives of the program.
    In the recently finalized Nonroad Diesel Tier 4 final rule, we 
included new regulatory provisions allowing engine manufacturers to 
ship engines and aftertreatment separately to equipment manufacturers, 
provided several criteria were met (69 FR 39308, June 29, 2004). These 
criteria were based on two main principles. First, the engine 
manufacturer is responsible to ensure that equipment manufacturers are 
fully aware of their responsibilities for proper installation of the 
engine and catalyst system. Second, the engine manufacturer has the 
primary responsibility for ensuring the engine and catalyst are 
properly installed. While the engine manufacturer has the primary 
responsibility, we may also find the equipment manufacturer liable 
under certain circumstances. We request comment on applying similar 
provisions to allow separate shipment of engines and aftertreatment for 
heavy-duty highway engine manufactures, including both gasoline and 
diesel engines. In addition, we request information that would indicate 
to what extent the heavy-duty highway engine/catalysts/vehicle 
manufacturer business relationships are similar to those for nonroad 
diesel engines, and whether the same provisions should apply to the 
companies producing highway engines and vehicles as we have adopted for 
the nonroad diesel engines and equipment.
    We are taking this opportunity to clarify an aspect of the 
information reporting requirements described in a recently proposed 
rule making for manufacturer in-use testing of heavy-duty vehicles. The 
Notice of Proposed Rule Making (NPRM) for the manufacturer-run in-use 
testing program (FR Cite) was issued June 3, 2004. Section K in the 
preamble provides a non-exhaustive example of the types of engine 
parameters commonly stored in the engine's on-board computer and 
requires manufacturers to report those parameters which are readily 
available. We want to be clear that not only should those parameters be 
reported to EPA, but that they also must be reported to and stored by 
any portable emissions measurement system used to meet the testing 
requirements described in the NPRM. Because the proposed regulatory 
language in 40 CFR part 1065, subpart J contained in today's notice 
does not contain all of the parameters we intended to be required in 
the manufacturer in-use testing program, we expect that section 
86.1920(a)(4)(xii) in the final in-use testing regulations will contain 
language that will better reflect this intent and make explicit the 
types of parameters that may be subject to the reporting requirements. 
Specifically, the current language in 86.1920(a)(4)(xii) states:

    Recorded one-hertz test data for all the parameters specified in 
40 CFR part 1065, subpart J, including any other relevant parameters 
electronically sensed, measured, calculated, or otherwise stored by 
the engine's onboard computer. This also includes any parameters 
used to modulate the emission-control system.

    The final language would state:

    Recorded one-hertz test data for all the parameters specified in 
40 CFR part 1065, subpart J, and any other relevant parameters 
electronically sensed, measured, calculated, or otherwise stored by 
the engine's onboard computer, including but not limited to engine 
speed, engine torque, engine coolant temperature, intake manifold 
temperature, manifold absolute pressure, barometric pressure 
(altitude), ambient temperature, brake specific fuel consumption, 
exhaust temperature upstream of aftertreatment, and elapsed time, 
any parameter needed to demonstrate the engine is within the NTE or 
an approved carve-out or deficiency region. The one-hertz test data 
must also include any parameters used to modulate the emission-
control system.

    We request comment on this revision.
    Similarly, Subpart K of the preamble requests comment on the 
whether engine manufacturers should be required to design the on-board 
engine computer to explicitly identify when an engine is operating in 
an approved NTE carve-out or deficiency. We want to make clear that the 
request for comment also more broadly covers whether the engine's on-
board computer should identify when the engine is operating within the 
NTE. Under the proposal, manufacturers are required, at a minimum, to 
provide information from the engine's on-board computer or some other 
readily available source that will enable EPA to make these NTE 
determinations.
4. Importation of Nonconforming Highway Engines and Vehicles
    The Agency is proposing revisions to 40 CFR part 85, subpart P 
regarding the applicable emission standards for imported nonconforming 
highway vehicles and engines, including light-duty vehicles (passenger 
cars), light-duty trucks, heavy-duty vehicles, heavy-duty engines, and 
motorcycles. This proposal clarifies that these nonconforming vehicles 
and engines are required to meet the emission standards in effect when 
the vehicle or engine was originally produced, not the emission 
standards in effect when the vehicle or engine is modified. This 
approach is consistent with the requirements for light-duty Independent 
Commercial Importers (ICIs) which have been in effect since 1996 (61 FR 
5842, February 14, 1996).
    Most of the issues related to this proposal were previously 
addressed in the 1996 rule. An excerpt from that 1996 rule provides a 
brief summary of the basis for this proposal. Section I.A of the 1996 
final rule reads in part:

    As proposed, EPA is eliminating the requirement that 
nonconforming light-duty vehicles and Light-duty trucks imported 
pursuant to 40 CFR 85.1501 or 85.1509 meet the part 86 emission 
standards in effect at the time of modification. These vehicles, 
with a few exceptions, will instead be required to meet emission 
standards (with applicable deterioration factors applied) that were 
in effect at the time of original vehicle production, using 
currently applicable testing procedures.
    The specific standards applicable to these vehicles are 
contained in a new Sec.  85.1515 * * *.
    As discussed in the proposal (Supplementary Document pp. 27-28, 
Docket No. A-89-20), when EPA promulgated the prior requirement to 
meet standards applicable at the time of modification, the Agency 
had no data or evidence suggesting that older vehicles could not be 
modified to meet current year emission standards. Since that 
rulemaking, EPA has obtained evidence suggesting that many older 
vehicles cannot be modified to meet current year standards

[[Page 54859]]

without extraordinary cost, which makes the conversion financially 
unfeasible for many owners of such vehicles. Today's rule would give 
owners of older vehicles a way to import their vehicles. In 
addition, it would have been significantly more difficult and costly 
for importers to modify vehicles to comply with the current model 
year standards beginning in January, 1996, when the standards 
applicable to small volume manufacturers became substantially more 
stringent. EPA agrees with the statements submitted by ICIs after 
the close of the comment period that the expense of such 
modifications would have a serious deleterious effect on their 
businesses and would not justify the costs.

    Although the intent of the 1996 rule was clear, we are proposing to 
make regulation changes to make the regulation language consistent with 
the intent of the 1996 rule. The 1996 final rule added 40 CFR 85.1515, 
which provided a list of the emission standards applicable to imported 
light-duty vehicles and light-duty trucks based on the original 
production (OP) year of the vehicle. Tables 1 and 2 in 40 CFR 85.1515 
correctly indicate that the emission standards applicable for pre-1994 
imported light-duty vehicles and light-duty trucks are based on the 
original production year of the vehicle. Tables 1 and 2 also correctly 
indicate (in a footnote) that 1994 and later imported light-duty 
vehicles and light-duty trucks are required to meet the applicable 
emission standards as ``Specified in 40 CFR part 86 for the OP year of 
the vehicle, per 85.1515(c).'' However Sec.  85.1515(c)(1) incorrectly 
indicates that ``Nonconforming motor vehicles or motor vehicle engines 
of 1994 OP model year and later conditionally imported pursuant to 
Sec.  85.1505 or Sec.  85.1509 shall meet all of the emission standards 
specified in 40 CFR part 86 for the model year in which the motor 
vehicle or motor vehicle engine is modified.'' (emphasis added)
    This ambiguity in the regulations was unfortunately not corrected 
after the 1996 rule changes became effective. Nor was it corrected when 
Interim non-Tier 2 and Tier 2 requirements were adopted for import 
vehicles (65 FR 6698, February 10, 2000). Although the 2000 rulemaking 
did not intend to change the highway engine or vehicle importation 
process, the regulations continued to indicate that nonconforming motor 
vehicles and motor vehicle engines must meet the emission standards in 
the model year in which the motor vehicle or motor vehicle engine is 
modified; see 40 CFR 85.1515(c)(2)(ii) through (d). We have now 
received several petitions from light duty ICIs to correct the 
regulations to permit vehicles imported by ICIs to meet OP year 
standards.
    In summary, for the reasons discussed in the provisions of 61 FR 
5842, February 14, 1996, we are proposing changes to correct the 
regulations for nonconforming highway vehicles so they are consistent 
with the intent of the 1996 final rule. This proposal will require 
imported highway vehicles to meet the emission standards in effect the 
year the vehicle was originally produced, not the emission standards in 
effect in the year the vehicle or engine is modified. We are, however, 
concerned that ICI provisions which apply OP year standards could be 
used as a way to circumvent our Tier 2 light duty standards and our new 
more stringent motorcycle standards. Thus we are proposing to cap each 
ICI's annual production of vehicles meeting OP year standards when OP 
year standards are less stringent than the standards that apply during 
the year of modification. We are proposing a cap of a total of 50 light 
duty vehicles and trucks and 50 motorcycles. This does not impact the 
number of vehicles an ICI may produce that are certified to the 
standards that apply during the year of modification.
    While we have never had an ICI for highway HDEs, we are also 
proposing, consistent with the above, to make clear that the applicable 
standards for HDEs imported by an ICI would be those of the year of 
original production. For HDEs, we are proposing an annual cap of five 
on an ICI's production of engines certified to OP year standards that 
are less stringent than those that apply during the year of 
modification. This will address the possibility that ICIs could provide 
an avenue by which truck purchasers could avoid the additional costs of 
new trucks with engines meeting aftertreatment-based engine standards. 
We are proposing a similar amendment for nonroad diesel engines, as 
described elsewhere in this document.
    We believe it is appropriate to have different caps on the quantity 
of vehicles and engines that can be certified to OP year standards, 
where OP year standards are less stringent than those that apply during 
the year of modification. The sales of light-duty vehicles and trucks 
are many times greater than those of heavy-duty highway engines and 
nonroad diesel engines combined. Further, we believe that the caps for 
light-duty vehicles, light-duty trucks, and motorcycles should be 
larger than those for nonroad and highway engines to accommodate an 
industry that has grown up around the light-duty ICI program. The 
light-duty and motorcycle ICIs can provide additional consumer choice 
and also provide an avenue by which (for a price) someone who has lived 
outside of the United States, including returning U.S. military 
personnel, can bring a used personal vehicle they acquired overseas 
into conformity with U.S. emission requirements. No such ICI industry 
exists for highway or nonroad engines. Where OP year standards are 
applied to highway and nonroad engines, we are proposing a lower cap. 
We believe it will be appropriate to limit the activities of engine 
ICIs, when previous model year engines are involved, to those 
specialized trucks or pieces of equipment for which demand is so low 
that normal certification didn't occur or might not occur. While we 
want to provide an opportunity for the importation of highly 
specialized vehicles or equipment that might otherwise be unavailable 
in the United States, we do not want to develop an industry that simply 
provides older equipment that would most likely be built with engines 
meeting significantly less stringent standards.
5. Revisions and Corrections to Dynamometer Driving Schedules
    a. SC03 and US06 driving cycles. This rule proposes to correct 
errors in the SC03 driving cycle and to reconcile several discrepancies 
between the CFR language and the second-by-second US06 and SC03 drive 
cycle traces in the appendices to part 86.
    The SC03 cycle in Appendix I, paragraph (h) is proposed to be 
lengthened to 600 seconds by the addition of six seconds of zero miles 
per hour after 594 seconds. This change and additional language changes 
would eliminate confusion in how to execute the requirements in 
sections 86.160-00(c)(12) and 86.159-00(f)(2)(ix). Sections 86.159-
00(f)(2)(ix) and 86.160-00(c)(12) both state that the engine is turned 
off 2 seconds after the end of the deceleration (which occurs at 594 
seconds and driving stops at 596 seconds).
    With respect to the SC03 drive trace, section 86.160-00(c)(10) 
reads ``Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.'' However, this is 
incorrect. The printed driving schedule in Appendix I, paragraph (h), 
correctly shows eighteen seconds of idle. The regulatory language is 
proposed to be modified to reflect eighteen seconds of idle, rather 
than twenty.
    Section 86.160-00(c)(12) currently reads ``Turn the engine off 2 
seconds after the end of the last deceleration,'' but the Appendix I, 
paragraph (h), drive schedule has no idle seconds at the end of the 
SC03 cycle. Idle speed values are proposed to be added to the end of 
the

[[Page 54860]]

SC03 drive schedule to make it consistent with the regulatory language. 
The impact of these changes would clarify that the first non-zero speed 
value to be at trace time t=19 seconds. This section is proposed to be 
amended to clarify that driving stops at trace time t=596 seconds.
    The US06 drive schedule has a similar discrepancy. Section 86.159-
00(f)(2)(ix) reads ``Turn the engine off 2 seconds after the end of the 
last deceleration.'' However, the drive schedule in Appendix I (g) has 
six idle seconds at the end of the US06 cycle. We proposed to amend 
this section to clarify that driving stops at trace time t=596 seconds.
    b. Urban Dynamometer Driving Schedule. We are also proposing to 
take action to correct two minor errors in the Appendix I, paragraph 
(a), Urban Dynamometer Driving Schedule (UDDS) that have existed since 
the 1970's. Originally published in the Federal Register on November 
10, 1970 (35 FR 17311), the UDDS is the driving cycle that is the basis 
of the Federal Test Procedure. Since it was published, however, two 
speed values in the UDDS were erroneously modified. Specifically, the 
speed value at t=961 seconds was changed from 5.3 mph to 5.0 mph in 
1972, and the speed value at t=1345 seconds was changed from 18.3 mph 
to 18.8 sometime between 1973 and 1977. The speed value of 5.0 mph at 
t=961 creates an acceleration of 3.6 mph/sec to 8.6 mph at t=962, which 
is inconsistent with the acknowledged 3.3 mph/sec maximum acceleration 
rate due to dynamometer limitations. The speed value of 18.8 mph at 
t=1345 is inconsistent with what should be a gradually decreasing 
acceleration rate from t=1343 to t=1347 seconds. This rule proposes to 
revert these values back to the speed values as they were published in 
1970. It is important to note that the regulated industry and EPA have 
been using the correct speed values since 1970, despite the error in 
the Code of Federal Regulations (CFR).
    In addition, a dynamometer manufacturer commented to EPA that the 
CFR has several errors in the Appendix I, paragraph (b), version of the 
UDDS that is expressed in kilometers per hour. EPA has verified that 
these errors are not rounding errors when converting from miles per 
hour, but are more likely the result of errors in typing. The table 
below indicates the correct mile per hour and kilometer per hour 
values, as well as the incorrect value. This rule proposes to make 
these corrections.

------------------------------------------------------------------------
  Time (seconds)     Incorrect KPH       Correct KPH       Correct MPH
------------------------------------------------------------------------
         363               52.3              52.8              32.8
         405               14.5              14.8               9.2
         453                 31              31.9              19.8
         491               55.8              55.5              34.5
         577               21.4              27.4              17.0
         662               43.9              42.0              26.1
         663               43.1              42.2              26.2
         664               42.3              42.2              26.2
         932               40.3              40.2              25.0
------------------------------------------------------------------------

III. Public Participation

    We request comment on all aspects of this proposal. The comment 
period for this rule will end on October 29, 2004.
    We will hold an informal public workshop on October 1, 2004 at the 
National Vehicle and Fuel Emissions Laboratory, which is located at 
2000 Traverwood Drive, Ann Arbor, Michigan 48105. The workshop will 
start at 9 a.m. with an opportunity for any individuals to raise 
questions or comments related to the proposed technical amendments. 
Following this, the rest of the day will be devoted to discussions of 
the proposed changes to the test procedures in 40 CFR part 1065.
    If you would like a public hearing in addition to the planned 
workshop, contact us by September 20, 2004 as described above in DATES. 
If a public hearing is requested, we will hold it on September 27, 2004 
starting at 9 a.m. EDT. Contact us for updated information about the 
possibility of a public hearing.
    If you would like to present testimony at a public hearing, we ask 
that you notify the contact person listed above at least ten days 
beforehand. You should estimate the time you will need for your 
presentation and identify any needed audio/visual equipment. We suggest 
that you bring copies of your statement or other material for the EPA 
panel and the audience. It would also be helpful if you send us a copy 
of your statement or other materials before the hearing.
    We will arrange for a written transcript of the hearing and keep 
the official record of the hearing open for 30 days to allow you to 
submit supplementary information. You may make arrangements for copies 
of the transcript directly with the court reporter.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 the Agency must determine whether the 
regulatory action is ``significant'' and therefore subject to review by 
the Office of Management and Budget (OMB) and the requirements of this 
Executive Order. The Executive Order defines a ``significant regulatory 
action'' as any regulatory action that is likely to result in a rule 
that may:
     Have an annual effect on the economy of $100 million or 
more or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, Local, or Tribal governments or 
communities;
     Create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
     Materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
     Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because the rule merely revises the measurement methods and makes a 
variety of technical amendments to existing programs, it is not a 
significant regulatory action and is not subject to the requirements of 
Executive Order 12866. Any new costs associated with this rule will be 
minimal. In addition, some of the changes will substantially reduce the 
burden associated with testing, as described in the Regulatory Support 
Document.

B. Paperwork Reduction Act

    This rule does not include any new collection requirements, as it 
merely revises the measurement methods and makes a variety of technical 
amendments to existing programs.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small 
entities, a small entity is defined as: (1) A small business as defined 
by the Small Business Administration (SBA) by category of business 
using North America Industrial Classification System (NAICS) and 
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that 
is a government of a city, county, town, school district or

[[Page 54861]]

special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The small 
entities directly regulated by this proposed rule are small businesses 
that produce nonroad engines. We have determined that no small entities 
will experience more than incidental costs as a result of this rule. 
This rule merely revises the measurement methods and makes a variety of 
technical amendments to existing programs. This proposed rule, 
therefore, does not require a regulatory flexibility analysis.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. For example, 
most of the proposed changes clarify existing requirements, which will 
reduce the time needed to comply, and added flexibility, which may 
allow for a simpler effort to comply.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This rule contains no federal mandates for state, local, or tribal 
governments as defined by the provisions of Title II of the UMRA. The 
rule imposes no enforceable duties on any of these governmental 
entities. Nothing in the rule would significantly or uniquely affect 
small governments. We have determined that this rule contains no 
federal mandates that may result in expenditures of more than $100 
million to the private sector in any single year. This rule merely 
revises the measurement methods and makes a variety of technical 
amendments to existing programs. The requirements of UMRA therefore do 
not apply to this action.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law, unless 
the Agency consults with State and local officials early in the process 
of developing the proposed regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt State or local law, even if those rules do not 
have federalism implications (i.e., the rules will not have substantial 
direct effects on the States, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government). Those 
requirements include providing all affected State and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, EPA also must consult, to the 
extent practicable, with appropriate State and local officials 
regarding the conflict between State law and Federally protected 
interests within the agency's area of regulatory responsibility.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    This rule does not have tribal implications as specified in 
Executive Order 13175. This rule will be implemented at the Federal 
level and impose compliance costs only on engine manufacturers and ship 
builders. Tribal governments will be affected only to the extent they 
purchase and use equipment with regulated engines. Thus, Executive 
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically

[[Page 54862]]

significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, Section 5-501 of the Order directs the 
Agency to evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This proposed rule is not subject to the Executive Order because it 
does not involve decisions on environmental health or safety risks that 
may disproportionately affect children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)), because it is not likely to have a significant effect 
on the supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    This proposed rule involves technical standards. The International 
Organization for Standardization (ISO) has a voluntary consensus 
standard that can be used to test engines. However, the test procedures 
in this proposal reflect a level of development that goes substantially 
beyond the ISO or other published procedures. The proposed procedures 
incorporate new specifications for transient emission measurements, 
measuring PM emissions at very low levels, measuring emissions using 
field-testing procedures. The procedures we adopt in this rule will 
form the working template for ISO and national and state governments to 
define test procedures for measuring engine emissions. As such, we have 
worked extensively with the representatives of other governments, 
testing organizations, and the affected industries.
    EPA welcomes comments on this aspect of the proposed rulemaking.

V. Statutory Provisions and Legal Authority

    Statutory authority for the engine controls proposed today can be 
found in 42 U.S.C. 7401-7671q.

List of Subjects

40 CFR Part 85

    Confidential business information, Imports, Labeling, Motor vehicle 
pollution, Reporting and recordkeeping requirements, Research, 
Warranties.

40 CFR Part 86

    Administrative practice and procedure, Confidential business 
information, Labeling, Motor vehicle pollution, Reporting and 
recordkeeping requirements.

40 CFR Part 89

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Imports, Labeling, Motor vehicle 
pollution, Reporting and recordkeeping requirements, Research, Vessels, 
Warranties.

40 CFR Part 90

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Reporting and recordkeeping requirements, Research, 
Warranties.

40 CFR Part 91

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Penalties, Reporting and recordkeeping Requirements, 
Warranties

40 CFR Part 92

    Administrative practice and procedure, Air pollution control, 
Confidential business information, Imports, Labeling, Railroads, 
Reporting and recordkeeping requirements, Warranties

40 CFR Part 94

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Vessels, Warranties.

40 CFR Part 1039, 1048, and 1051

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Penalties, Reporting and 
recordkeeping requirements, Warranties.

40 CFR Part 1065

    Environmental protection, Administrative practice and procedure, 
Incorporation by reference, Reporting and recordkeeping requirements, 
Research.

40 CFR Part 1068

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Imports, Motor vehicle pollution, 
Penalties, Reporting and recordkeeping requirements, Warranties.

    Dated: August 16, 2004.
Michael O. Leavitt,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

    1. The authority citation for part 85 continues to read as follows:

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

    2. Section 85.1502 is amended by revising paragraph (a)(14) to read 
as follows:


Sec.  85.1502  Definitions.

    (a) * * *
    (14) United States. United States includes the States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin 
Islands.
* * * * *
    3. Section 85.1503 is amended by revising the section heading and 
adding paragraphs (c), (d), and (e) to read as follows:


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

* * * * *
    (c) In any one certificate year (e.g., the current model year), an 
ICI may finally admit no more than the following numbers of 
nonconforming vehicles or engines into the United States under the 
provisions of Sec.  85.1505 and Sec.  85.1509,

[[Page 54863]]

except as allowed by paragraph (e) of this section:
    (1) 5 heavy-duty engines.
    (2) A total of 50 light-duty vehicles, light-duty trucks, and 
medium-duty passenger vehicles.
    (3) 50 highway motorcycles.
    (d) For ICIs owned by a parent company, the importation limits in 
paragraph (c) of this section include importation by the parent company 
and all its subsidiaries.
    (e) An ICI may exceed the limits outlined in paragraphs (c) and (d) 
of this section, provided that any vehicles/engines in excess of the 
limits meet the emission standards and other requirements outlined in 
the provisions of Sec.  85.1515 for the model year in which the motor 
vehicle/engine is modified (instead of the emission standards and other 
requirements applicable for the OP year of the vehicle/engine).
    4. Section 85.1513 is amended by revising paragraph (d) to read as 
follows:


Sec.  85.1513  Prohibited acts; penalties.

* * * * *
    (d) Any importer who violates section 203(a)(1) of the Act is 
subject to a civil penalty under section 205 of the Act of not more 
than $32,500 for each vehicle or engine subject to the violation. In 
addition to the penalty provided in the Act, where applicable, under 
the exemption provisions of Sec.  85.1511(b), or under Sec.  85.1512, 
any person or entity who fails to deliver such vehicle or engine to the 
U.S. Customs Service is liable for liquidated damages in the amount of 
the bond required by applicable Customs laws and regulations.
* * * * *
    5. Section 85.1515 is amended by revising paragraphs (c)(1) and 
(c)(2) to read as follows:


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

* * * * *
    (c)(1) Nonconforming motor vehicles or motor vehicle engines of 
1994 OP model year and later conditionally imported pursuant to Sec.  
85.1505 or Sec.  85.1509 shall meet all of the emission standards 
specified in 40 CFR part 86 for the OP year of the vehicle or motor 
vehicle engine. At the option of the ICI, the nonconforming motor 
vehicle may comply with the emissions standards in 40 CFR 86.1708-99 or 
86.1709-99, as applicable to a light-duty vehicle or light light-duty 
truck, in lieu of the otherwise applicable emissions standards 
specified in 40 CFR part 86 for the OP year of the vehicle. The 
provisions of 40 CFR 86.1710-99 do not apply to imported nonconforming 
motor vehicles. The useful life specified in 40 CFR part 86 for the OP 
year of the motor vehicle or motor vehicle engine is applicable where 
useful life is not designated in this subpart.
    (2)(i) Nonconforming light-duty vehicles and light light-duty 
trucks (LDV/LLDTs) originally manufactured in OP years 2004, 2005 or 
2006 must meet the FTP exhaust emission standards of bin 9 in Tables 
S04-1 and S04-2 in 40 CFR 86.1811-04 and the evaporative emission 
standards for light-duty vehicles and light light-duty trucks specified 
in 40 CFR 86.1811-01(e)(5).
    (ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty 
passenger vehicles (MDPVs) originally manufactured in OP years 2004 
through 2006 must meet the FTP exhaust emission standards of bin 10 in 
Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable 
evaporative emission standards specified in 40 CFR 86.1811-04(e)(5). 
For 2004 OP year HLDTs and MDPVs where modifications commence on the 
first vehicle of a test group before December 21, 2003, this 
requirement does not apply to the 2004 OP year. ICIs opting to bring 
all of their 2004 OP year HLDTs and MDPVs into compliance with the 
exhaust emission standards of bin 10 in Tables S04-1 and S04-2 in 40 
CFR 86.1811-04, may use the optional higher NMOG values for their 2004-
2006 OP year LDT2s and 2004-2008 LDT4s.
    (iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty 
passenger vehicles (MDPVs) originally manufactured in OP years 2007 and 
2008 must meet the FTP exhaust emission standards of bin 8 in Tables 
S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative 
standards specified in 40 CFR 86.1811-04(e)(5).
    (iv) Nonconforming LDV/LDTs originally manufactured in OP years 
2007 and later and nonconforming HLDTs and MDPVs originally 
manufactured in OP years 2009 and later must meet the FTP exhaust 
emission standards of bin 5 in Tables S04-1 and S04-2 in 40 CFR 
86.1811-04, and the evaporative standards specified in 40 CFR 
86.1811(e)(1) through (e)(4).
    (v) ICIs are exempt from the Tier 2 and the interim non-Tier 2 
phase-in intermediate percentage requirements for exhaust, evaporative, 
and refueling emissions described in 40 CFR 86.1811-04.
    (vi) In cases where multiple standards exist in a given model year 
in 40 CFR part 86 due to phase-in requirements of new standards, the 
applicable standards for motor vehicle engines required to be certified 
to engine-based standards are the least stringent standards applicable 
to the engine type for the OP year.
* * * * *
    6. Section 85.2111 is amended by revising the introductory text and 
adding paragraph (d) to read as follows:


Sec.  85.2111  Warranty enforcement.

    The following acts are prohibited and may subject a manufacturer to 
up to a $32,500 civil penalty for each offense, except as noted in 
paragraph (d) of this section:
* * * * *
    (d) The maximum penalty value listed in this section is shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.
    7. Appendix II to subpart V is amended by revising section 1 of 
part A to read as follows:

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

Part A--Pre-Hearing

Section 1: Initiation of Arbitration

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

[[Page 54864]]

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

    8. The authority citation for part 86 continues to read as follows:

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

    9. Section 86.004-16 is amended by revising paragraph (d) to read 
as follows:


Sec.  86.004-16  Prohibition of defeat devices.

* * * * *
    (d) For vehicle and engine designs designated by the Administrator 
to be investigated for possible defeat devices:
    (1) General. The manufacturer must show to the satisfaction of the 
Administrator that the vehicle or engine design does not incorporate 
strategies that reduce emission control effectiveness exhibited during 
the applicable Federal emissions test procedures when the vehicle or 
engine is operated under conditions which may reasonably be expected to 
be encountered in normal operation and use, unless one of the specific 
exceptions set forth in the definition of ``defeat device'' in Sec.  
86.004-2 has been met.
    (2) Information submissions required. The manufacturer will provide 
an explanation containing detailed information (including information 
which the Administrator may request to be submitted) regarding test 
programs, engineering evaluations, design specifications, calibrations, 
on-board computer algorithms, and design strategies incorporated for 
operation both during and outside of the applicable Federal emission 
test procedure.
    10. Section 86.004-26 is amended by revising paragraph (c)(4) to 
read as follows:


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

* * * * *
    (c) * * *
    (4) The manufacturer shall determine, for each engine family, the 
number of hours at which the engine system combination is stabilized 
for emission-data testing. The manufacturer shall maintain, and provide 
to the Administrator if requested, a record of the rationale used in 
making this determination. The manufacturer may elect to accumulate 125 
hours on each test engine within an engine family without making a 
determination. Any engine used to represent emission-data engine 
selections under Sec.  86.094-24(b)(2) shall be equipped with an engine 
system combination that has accumulated at least the number of hours 
determined under this paragraph. Complete exhaust emission tests shall 
be conducted for each emission-data engine selection under Sec.  
86.094-24(b)(2). Evaporative emission controls must be connected, as 
described in 40 CFR part 1065, subpart F. The Administrator may 
determine under Sec.  86.094-24(f) that no testing is required.
* * * * *
    11. Section 86.007-11 is amended by revising paragraphs (a)(2) and 
(a)(3)(i) and adding paragraph (g)(6) to read as follows:


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

* * * * *
    (a) * * *
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the duty cycle specified in 
paragraphs (a)(2)(i) through (iii) of this section, where exhaust 
emissions are measured and calculated as specified in paragraphs 
(a)(2)(iv) and (v) of this section in accordance with the procedures 
set forth in 40 CFR part 1065, except as noted in Sec.  86.007-
23(c)(2):
    (i) Perform the test interval set forth in paragraph (f)(2) of 
Appendix I of this part with a cold-start according to 40 CFR part 
1065, subpart F. This is the cold-start test interval.
    (ii) Shut down the engine after completing the test interval and 
allow 20 minutes to elapse. This is the hot-soak.
    (iii) Repeat the test interval. This is the hot-start test 
interval.
    (iv) Calculate the total emission mass of each constituent, m, and 
the total work, W, over each test interval according to 40 CFR 
1065.650.
    (v) Determine your engine's brake-specific emissions using the 
following calculation, which weights the emissions from the cold-start 
and hot-start test intervals:
[GRAPHIC] [TIFF OMITTED] TP10SE04.000

    (3) * * *
    (i) Exhaust emissions, as determined under Sec.  86.1360-2007(b) 
pertaining to the supplemental emission test cycle, for each regulated 
pollutant shall not exceed 1.0 times the applicable emission standards 
or FELs specified in paragraph (a)(1) of this section.
* * * * *
    (g) * * *
    (6) Manufacturers may determine the number of engines and vehicles 
that are allowed to certify to the NOX plus NMHC standard in 
Sec.  86.004-11 based on calendar years 2007, 2008, and 2009, rather 
than model years 2007, 2008, and 2009.
* * * * *
    12. Section 86.007-21 is amended by revising paragraph (o) to read 
as follows:


Sec.  86.007-21  Application for certification.

* * * * *
    (o) For diesel heavy-duty engines, the manufacturer must provide 
the following additional information pertaining to the supplemental 
emission test conducted under Sec.  86.1360-2007:
    (1) Weighted brake-specific emissions data (i.e., in units of g/
bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for 
which an emission standard is established in Sec.  86.004-11(a) or 
subsequent sections;
    (2) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 
non-idle test points (identified under Sec.  86.1360-2007(b)(1)) and 
the 3 EPA-selected test points (identified under Sec.  86.1360-
2007(b)(2));
    (3) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), concentrations and mass flow rates of all regulated 
gaseous emissions plus carbon dioxide;
    (4) Values of all emission-related engine control variables at each 
test point;
    (5) Weighted break-specific particulate matter (i.e., in units of 
g/bhp-hr);
    (6) A statement that the test results correspond to the test engine 
selection criteria in 40 CFR 1065.401. The manufacturer also must 
maintain records at the manufacturer's facility which contain all test 
data, engineering analyses, and other information which provides the 
basis for this statement, where such information exists. The 
manufacturer must provide such

[[Page 54865]]

information to the Administrator upon request;
    (7) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), a statement that the engines will comply with the 
weighted average emissions standard and interpolated values comply with 
the Maximum Allowable Emission Limits specified in Sec.  86.007-
11(a)(3) for the useful life of the engine where applicable. The 
manufacturer also must maintain records at the manufacturer's facility 
which contain a detailed description of all test data, engineering 
analyses, and other information which provides the basis for this 
statement, where such information exists. The manufacturer must provide 
such information to the Administrator upon request.
* * * * *

PART 86--[AMENDED]

    13. Part 86 is amended by removing the first Sec.  86.008-10, which 
was added on October 6, 2000.
    14. Section 86.084-2 is amended by revising the definition for 
``Curb-idle'' to read as follows:


Sec.  86.084-2  Definitions.

* * * * *
    Curb-idle means:
    (1) For manual transmission code light-duty trucks, the engine 
speed with the transmission in neutral or with the clutch disengaged 
and with the air conditioning system, if present, turned off. For 
automatic transmission code light-duty trucks, curb-idle means the 
engine speed with the automatic transmission in the Park position (or 
Neutral position if there is no Park position), and with the air 
conditioning system, if present, turned off.
    (2) For manual transmission code heavy-duty engines, the 
manufacturer's recommended engine speed with the clutch disengaged. For 
automatic transmission code heavy-duty engines, curb idle means the 
manufacturer's recommended engine speed with the automatic transmission 
in gear and the output shaft stalled. (Measured idle speed may be used 
in lieu of curb-idle speed for the emission tests when the difference 
between measured idle speed and curb idle speed is sufficient to cause 
a void test under 40 CFR 1065.530 but not sufficient to permit 
adjustment in accordance with 40 CFR part 1065, subpart E.
* * * * *
    15. Section 86.096-38 is amended by revising paragraph (g)(19)(iii) 
to read as follows:


Sec.  86.096-38  Maintenance instructions.

* * * * *
    (g) * * *
    (19) * * *
    (iii) Any person who violates a provision of this paragraph (g) 
shall be subject to a civil penalty of not more than $32,500 per day 
for each violation. This maximum penalty is shown for calendar year 
2004. Maximum penalty limits for later years may be set higher based on 
the Consumer Price Index, as specified in 40 CFR part 19. In addition, 
such person shall be liable for all other remedies set forth in Title 
II of the Clean Air Act, remedies pertaining to provisions of Title II 
of the Clean Air Act, or other applicable provisions of law.
    16. Section 86.121-90 is amended by revising paragraph (d) 
introductory text to read as follows:


Sec.  86.121-90  Hydrocarbon analyzer calibration.

* * * * *
    (d) FID response factor to methane. When the FID analyzer is to be 
used for the analysis of gasoline, diesel, methanol, ethanol, liquefied 
petroleum gas, and natural gas-fueled vehicle hydrocarbon samples, the 
methane response factor of the analyzer must be established. To 
determine the total hydrocarbon FID response to methane, known methane 
in air concentrations traceable to the National Institute of Standards 
and Technology (NIST) must be analyzed by the FID. Several methane 
concentrations must be analyzed by the FID in the range of 
concentrations in the exhaust sample. The total hydrocarbon FID 
response to methane is calculated as follows:

rCH4 = FIDppm/SAMppm

Where:
* * * * *
    17. Section 86.144-94 is amended by revising paragraph (c)(8)(vi) 
to read as follows:


Sec.  86.144-94  Calculations; exhaust emissions.

* * * * *
    (c) * * *
    (8) * * *
    (vi) rCH4 = HC FID response to methane as measured in 
Sec.  86.121(d).
* * * * *
    18. Section 86.158-00 is amended by revising the introductory text 
to read as follows:


Sec.  86.158-00  Supplemental Federal Test Procedures; overview.

    The procedures described in Sec. Sec.  86.158-00, 86.159-00, 
86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air 
conditioning (SC03) elements of the Supplemental Federal Test 
Procedures (SFTP). These test procedures consist of two separable test 
elements: A sequence of vehicle operation that tests exhaust emissions 
with a driving schedule (US06) that tests exhaust emissions under high 
speeds and accelerations (aggressive driving); and a sequence of 
vehicle operation that tests exhaust emissions with a driving schedule 
(SC03) which includes the impacts of actual air conditioning operation. 
These test procedures (and the associated standards set forth in 
subpart S of this part) are applicable to light-duty vehicles and 
light-duty trucks.
* * * * *
    19. Section 86.159-00 is amended by revising paragraph (f)(2)(ix) 
to read as follows:


Sec.  86.159-00  Exhaust emission test procedure for US06 emissions.

* * * * *
    (f) * * *
    (2) * * *
    (ix) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
* * * * *
    20. Section 86.160-00 is amended by revising the first sentence of 
paragraph (a), and paragraphs (c)(10), (c)(12), (d)(10), and (d)(13) to 
read as follows:


Sec.  86.160-00  Exhaust emission test procedure for SC03 emissions.

    (a) Overview. The dynamometer operation consists of a single, 600 
second test on the SC03 driving schedule, as described in appendix I, 
paragraph (h), of this part. * * *
* * * * *
    (c) * * *
    (10) Eighteen seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
* * * * *
    (12) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
* * * * *
    (d) * * *
    (10) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
* * * * *
    (13) Immediately after the end of the sample period, turn off the 
cooling fan, disconnect the exhaust tube from the vehicle tailpipe(s), 
and drive the vehicle from dynamometer.
* * * * *
    21. Section 86.161-00 is amended by revising paragraph (b)(1) to 
read as follows:

[[Page 54866]]

Sec.  86.161-00  Air conditioning environmental test facility ambient 
requirements.

* * * * *
    (b) * * *
    (1) Ambient humidity is controlled, within the test cell, during 
all phases of the air conditioning test sequence to an average of 100 
+/-5 grains of water/pound of dry air.
* * * * *
    22. Section 86.164-00 is amended by revising paragraph (c)(1)(i) 
introductory text to read as follows:


Sec.  86.164-00  Supplemental federal test procedure calculations.

* * * * *
    (c)(1) * * *
(i) YWSFTP = 0.35(YFTP) + 0.37(YSC03) 
+ 0.28(YUS06)

Where:
* * * * *
    23. A new Sec.  86.413-2006 is added to read as follows:


Sec.  86.413-2006  Labeling.

    (a)(1) The manufacturer of any motorcycle shall, at the time of 
manufacture, affix a permanent, legible label, of the type and in the 
manner described below, containing the information hereinafter 
provided, to all production models of such vehicles available for sale 
to the public and covered by a certificate of conformity.
    (2) A permanent, legible label shall be affixed in a readily 
accessible position. Multi-part labels may be used.
    (3) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label, and shall not be affixed to any part which is easily detached 
from the vehicle or is likely to be replaced during the useful life of 
the vehicle.
    (4) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (i) The label heading shall read: ``Vehicle Emission Control 
Information'';
    (ii) Full corporate name and trademark of the manufacturer;
    (iii) Engine displacement (in cubic centimeters or liters) and 
engine family identification;
    (iv) Engine tuneup specifications and adjustments, as recommended 
by the manufacturer, including, if applicable: idle speed, ignition 
timing, and the idle air-fuel mixture setting procedure and value 
(e.g., idle CO, idle air-fuel ratio, idle speed drop). These 
specifications shall indicate the proper transmission position during 
tuneup, and which accessories should be in operation and which systems 
should be disconnected during a tuneup;
    (v) Any specific fuel or engine lubricant requirements (e.g., lead 
content, research octane number, engine lubricant type);
    (vi) Identification of the exhaust emission control system, using 
abbreviations in accordance with SAE J1930, June 1993, including the 
following abbreviations for items commonly appearing on motorcycles:

    OC Oxidation catalyst;
    TWC Three-way catalyst;
    AIR Secondary air injection (pump);
    PAIR Pulsed secondary air injection
    DFI Direct fuel injection;
    O2S Oxygen sensor;
    HO2S Heated oxygen sensor;
    EM Engine modification;
    CFI Continuous fuel injection;
    MFI Multi-port (electronic) fuel injection; and
    TBI Throttle body (electronic) fuel injection.

    (viii) An unconditional statement of conformity to U.S. EPA 
regulations which includes the model year; for example, ``This Vehicle 
Conforms to U.S. EPA Regulations Applicable to ------ Model Year New 
Motorcycles'' (the blank is to be filled in with the appropriate model 
year). For all Class III motorcycles and for Class I and Class II 
motorcycles demonstrating compliance with the averaging provisions in 
40 CFR 86.449 the statement must also include the phrase ``is certified 
to an HC+NOX emission standard of ------ grams/mile'' (the 
blank is to be filled in with the Family Emission Limit determined by 
the manufacturer).
    (b) The provisions of this section shall not prevent a manufacturer 
from also reciting on the label that such vehicle conforms to any other 
applicable Federal or State standards for new motorcycles or any other 
information that such manufacturer deems necessary for, or useful to, 
the proper operation and satisfactory maintenance of the vehicle.
    24. Section 86.447-2006 is revised to read as follows:


Sec.  86.447-2006  What provisions apply to motorcycle engines below 50 
cc that are certified under the Small SI program or the Recreational-
vehicle program?

    (a) General provisions. If you are an engine manufacturer, this 
section allows you to introduce into commerce a new highway motorcycle 
(that is, a motorcycle that is a motor vehicle) if it has an engine 
below 50 cc that is already certified to the requirements that apply to 
engines or vehicles under 40 CFR part 90 or 1051 for the appropriate 
model year. If you comply with all the provisions of this section, we 
consider the certificate issued under 40 CFR part 90 or 1051 for each 
engine or vehicle to also be a valid certificate of conformity under 
this part 86 for its model year, without a separate application for 
certification under the requirements of this part 86. See Sec.  86.448-
2006 for similar provisions that apply to vehicles that are certified 
to chassis-based standards under 40 CFR part 1051.
    (b) Vehicle-manufacturer provisions. If you are not an engine 
manufacturer, you may produce highway motorcycles using nonroad engines 
below 50 cc under this section as long as the engine has been properly 
labeled as specified in paragraph (d)(5) of this section and you do not 
make any of the changes described in paragraph (d)(2) of this section. 
If you modify the nonroad engine in any of the ways described in 
paragraph (d)(2) of this section for installation in a highway 
motorcycle, we will consider you a manufacturer of a new highway 
motorcycle. Such engine modifications prevent you from using the 
provisions of this section.
    (c) Liability. Engines for which you meet the requirements of this 
section, and vehicles containing these engines, are exempt from all the 
requirements and prohibitions of this part, except for those specified 
in this section. Engines and vehicles exempted under this section must 
meet all the applicable requirements from 40 CFR part 90 or 1051. This 
applies to engine manufacturers, vehicle manufacturers who use these 
engines, and all other persons as if these engines were used in 
recreational vehicles or other nonroad applications. The prohibited 
acts of 40 CFR part 85 apply to these new highway motorcycles; however, 
we consider the certificate issued under 40 CFR part 90 or 1051 for 
each engine to also be a valid certificate of conformity under this 
part 86 for its model year. If we make a determination that these 
engines do not conform to the regulations during their useful life, we 
may require you to recall them under 40 CFR part 86, 90, or 1068.
    (d) Specific requirements. If you are an engine manufacturer and 
meet all the following criteria and requirements regarding your new 
engine, the highway motorcycle is eligible for an exemption under this 
section:
    (1) Your engine must be below 50 cc and must be covered by a valid 
certificate of conformity for Class II engines issued under 40 CFR part 
90 or

[[Page 54867]]

for recreational vehicles under 40 CFR part 1051.
    (2) You must not make any changes to the certified engine that 
could reasonably be expected to increase its exhaust emissions for any 
pollutant, or its evaporative emissions, if applicable. For example, if 
you make any of the following changes to one of these engines, you do 
not qualify for this exemption:
    (i) Change any fuel system or evaporative system parameters from 
the certified configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original engine 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine model's 
total sales for the model year, from all companies, are used in highway 
motorcycles, as follows:
    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm this based on its sales information.
    (4) You must ensure that the engine has the label we require under 
40 CFR part 90 or 1051.
    (5) You must add a permanent supplemental label to the engine in a 
position where it will remain clearly visible after installation in the 
equipment. In the supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished installation (month and year), if 
applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the engine models you expect to produce under this 
exemption in the coming year.
    (iii) State: ``We produce each listed engine model for nonroad 
application without making any changes that could increase its 
certified emission levels, as described in 40 CFR 1048.605.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards, requirements, and prohibitions of this part 86 and 
the certificate issued under 40 CFR part 90 or 1051 will not be deemed 
to also be a certificate issued under this part 86. Introducing these 
engines into commerce without a valid exemption or certificate of 
conformity under this part violates the prohibitions in 40 CFR part 85.
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Engines 
adapted for recreational use under this section may not generate or use 
emission credits under this part 86. These engines may generate credits 
under the ABT provisions in 40 CFR part 90 or 1051. These engines must 
use emission credits under 40 CFR part 90 or 1051 if they are certified 
to an FEL that exceeds an applicable standard.
    25. Section 86.448-2006 is revised to read as follows:


Sec.  86.448-2006  What provisions apply to vehicles certified under 
the Recreational-vehicle program?

    (a) General provisions. If you are a highway-motorcycle 
manufacturer, this section allows you to introduce into commerce a new 
highway motorcycle with an engine below 50 cc if it is already 
certified to the requirements that apply to recreational vehicles under 
40 CFR parts 1051. A highway motorcycle is a motorcycle that is a motor 
vehicle. If you comply with all of the provisions of this section, we 
consider the certificate issued under 40 CFR part 1051 for each 
recreational vehicle to also be a valid certificate of conformity for 
the motor vehicle under this part 86 for its model year, without a 
separate application for certification under the requirements of this 
part 86. See Sec.  86.447-2006 for similar provisions that apply to 
nonroad engines produced for highway motorcycles.
    (b) Nonrecreational-vehicle provisions. If you are not a 
recreational-vehicle manufacturer, you may produce highway motorcycles 
from recreational vehicles with engines below 50 cc under this section 
as long as the highway motorcycle has the labels specified in paragraph 
(d)(5) of this section and you do not make any of the changes described 
in paragraph (d)(2) of this section. If you modify the recreational 
vehicle or its engine in any of the ways described in paragraph (d)(2) 
of this section for installation in a highway motorcycle, we will 
consider you a manufacturer of a new highway motorcycle. Such 
modifications prevent you from using the provisions of this section.
    (c) Liability. Vehicles for which you meet the requirements of this 
section are exempt from all the requirements and prohibitions of this 
part, except for those specified in this section. Engines and vehicles 
exempted under this section must meet all the applicable requirements 
from 40 CFR part 1051. This applies to engine manufacturers, vehicle 
manufacturers, and all other persons as if the highway motorcycles were 
recreational vehicles. The prohibited acts of 40 CFR part 85 apply to 
these new highway motorcycles; however, we consider the certificate 
issued under 40 CFR part 1051 for each recreational vehicle to also be 
a valid certificate of conformity for the highway motorcycle under this 
part 86 for its model year. If we make a determination that these 
engines or vehicles do not conform to the regulations during their 
useful life, we may require you to recall them under 40 CFR part 86 or 
40 CFR 1068.505.
    (d) Specific requirements. If you are a recreational-vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new highway motorcycle and its engine, the highway 
motorcycle is eligible for an exemption under this section:
    (1) Your motorcycle must have an engine below 50 cc and it must be 
covered by a valid certificate of conformity as a recreational vehicle 
issued under 40 CFR part 1051.
    (2) You must not make any changes to the certified recreational 
vehicle that we could reasonably expect to increase its exhaust 
emissions for any pollutant, or its evaporative emissions if it is 
subject to evaporative-emission standards. For example, if you make any 
of the following changes, you do not qualify for this exemption:
    (i) Change any fuel system parameters from the certified 
configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the vehicle 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or

[[Page 54868]]

heat rejection rates are outside the original vehicle manufacturer's 
specified ranges.
    (3) You must show that fewer than 50 percent of the total sales as 
a highway motorcycle or a recreational vehicle, from all companies, are 
used in highway motorcycles, as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The highway motorcycle must have the vehicle emission control 
information we require under 40 CFR part 1051.
    (5) You must add a permanent supplemental label to the highway 
motorcycle in a position where it will remain clearly visible. In the 
supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished modifying the vehicle (month and 
year), if applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the highway motorcycle models you expect to produce under 
this exemption in the coming year.
    (iii) State: ``We produced each listed highway motorcycle without 
making any changes that could increase its certified emission levels, 
as described in 40 CFR 86.448-2006.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards, requirements, and prohibitions of this part 86 and 40 
CFR part 85, and the certificate issued under 40 CFR part 1051 will not 
be deemed to also be a certificate issued under this part 86. 
Introducing these motorcycles into commerce without a valid exemption 
or certificate of conformity under this part violates the prohibitions 
in 40 CFR part 85.
    (f) Data submission. We may require you to send us emission test 
data on the duty cycle for Class I motorcycles.
    (g) Participation in averaging, banking and trading. Recreational 
vehicles adapted for use as highway motorcycles under this section may 
not generate or use emission credits under this part 86. These engines 
may generate credits under the ABT provisions in 40 CFR part 1051. 
These engines must use emission credits under 40 CFR part 1051 if they 
are certified to an FEL that exceeds an applicable standard.
    25a. In Sec.  86.513-2004, Table 1 in paragraph (a)(1) is amended 
to read as follows:


Sec.  86.513-2004  Fuel and engine lubricant specifications.

* * * * *
    (a) * * *
    (1) * * *

                        Table 1 of Sec.   86.513-2004.--Gasoline Test Fuel Specifications
----------------------------------------------------------------------------------------------------------------
                   Item                                Procedure                            Value
----------------------------------------------------------------------------------------------------------------
Distillation Range:
    1. Initial boiling point, [deg]C.....  ASTM D 86-97....................  \1\ 23.9-35.0
    2. 10% point, [deg]C.................  ASTM D 86-97....................  48.9-57.2
    3. 50% point, [deg]C.................  ASTM D 86-97....................  93.3-110.0
    4. 90% point, [deg]C.................  ASTM D 86-97....................  148.9-162.8
    5. End point, [deg]C.................  ASTM D 86-97....................  212.8
Hydrocarbon composition:
    1. Olefins, volume %.................  ASTM D 1319-98..................  10 maximum.
    2. Aromatics, volume %...............  ASTM D 1319-98..................  35 maximum.
    3. Saturates.........................  ASTM D 1319-98..................  Remainder.
    Lead (organic), g/liter..............  ASTM D 3237.....................  0.013 maximum.
    Phosphorous, g/liter.................  ASTM D 3231.....................  0.0013 maximum.
    Sulfur, weight %.....................  ASTM D 1266.....................  0.008 maximum.
    Volatility (Reid Vapor Pressure), kPa  ASTM D 323......................  \1\ 55.2 to 63.4.
----------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m, the specified volatility range is 52 to 55 kPa and the specified
  initial boiling point range is (23.9 to 40.6) [deg]C.

* * * * *
    26. Section 86.884-8 is amended by revising paragraph (c) 
introductory text to read as follows:


Sec.  86.884-8  Dynamometer and engine equipment.

* * * * *
    (c) An exhaust system with an appropriate type of smokemeter placed 
10 to 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:
* * * * *
    27. Section 86.884-10 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  86.884-10  Information.

* * * * *
    (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.
* * * * *
    28. Section 86.884-12 is amended by revising paragraph (c)(2) to 
read as follows:

[[Page 54869]]

Sec.  86.884-12  Test run.

* * * * *
    (c) * * *
    (2) Warm up the engine by the procedure described in 40 CFR 
1065.530.
* * * * *
    29. Section 86.1005-90 is amended by revising paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:


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

    (a) * * *
    (1) * * *
    (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;
    (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;
* * * * *
    (2) * * *
    (vi) * * *
    (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;
* * * * *
    30. Section 86.1108-87 is amended by revising paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:


Sec.  86.1108-87  Maintenance of records.

    (a) * * *
    (1) * * *
    (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;
* * * * *
    (2) * * *
    (vi) * * *
    (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;
* * * * *
    30a. A new Sec.  86.1213-08 is added to read as follows:


Sec.  86.1213-08  Fuel specifications.

    The test fuels listed in 40 CFR part 1065, subpart H, shall be used 
for evaporative emission testing.
    31. Section 86.1301-90 is redesignated as Sec.  86.1301 and revised 
to read as follows:


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 and 2005, manufacturers must use the test 
procedures specified in Sec.  86.1305-2004.
    (c) For model years 2006 and 2007, manufacturers may use the test 
procedures specified in Sec.  86.1305-2004 or Sec.  86.1305-2008.
    (d) For model years 2008 and later, manufacturers must use the test 
procedures specified in Sec.  86.1305-2008.
    (e) 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.
    32. Section 86.1304-90 is redesignated as Sec.  86.1304 and amended 
by revising paragraph (a) to read as follows:


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 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.)
* * * * *
    14. A new Sec.  86.1305-2008 is added to read as follows:


Sec.  86.1305-2008  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. Note that we generally do not allow 
partial-flow sampling for measuring PM emissions on a laboratory 
dynamometer for transient testing. Use the duty cycles and procedures 
specified in Sec.  86.1358-2007, Sec.  86.1360-2007, and Sec.  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.  86.1370-2007 and 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 is addressed to you as a manufacturer, but it 
applies equally to anyone who does testing for you.
    33. Section 86.1321-90 is amended by revising paragraph (a)(3)(ii) 
to read as follows:


Sec.  86.1321-90  Hydrocarbon analyzer calibration.

* * * * *
    (a) * * *
    (3) * * *
    (ii) The HFID optimization procedures outlined in Sec.  86.331-
79(c).
* * * * *
    34. Section 86.1321-94 is amended by revising paragraph (a)(3)(ii) 
to read as follows:


Sec.  86.1321-94  Hydrocarbon analyzer calibration.

* * * * *
    (a) * * *
    (3) * * *
    (ii) The procedure listed in Sec.  86.331-79(c).
* * * * *
    35. Section 86.1360-2007 is amended by revising paragraph (b), 
removing and reserving paragraphs (c) and (e), and

[[Page 54870]]

removing paragraphs (h), and (i) to read as follows:


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

* * * * *
    (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.
* * * * *
    35a. A new Sec.  86.1362-2007 is added to read as follows:


Sec.  86.1362-2007  How do I measure emissions using ramped-modal 
procedures?

    This section describes how to test engines under steady-state 
conditions.
    (a) Perform steady-state testing with ramped-modal cycles. 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 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) For full-load operating modes, operate the engine at its 
maximum fueling rate.
    (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.
    36. Section 86.1509-84 is amended by revising paragraphs (c) and 
(d) to read as follows:


Sec.  86.1509-84  Exhaust gas sampling 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.
    37. Section 86.1511-84 is amended by revising paragraphs (a)(1) and 
(b) to read as follows:


Sec.  86.1511-84  Exhaust gas analysis system.

    (a) * * *

[[Page 54871]]

    (1) The analyzer used shall conform to the accuracy provisions of 
40 CFR part 1065, subparts C, D, and F.
* * * * *
    (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.
    38. Section 86.1513-90 is revised to read as follows:


Sec.  86.1513-90  Fuel specifications.

    The requirements of this section are set forth in Sec.  86.1313-94 
for heavy-duty engines, and in Sec.  86.113-90(a) for light-duty 
trucks.
    39. Section 86.1513-94 is revised to read as follows:


Sec.  86.1513-94  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.
    40. Section 86.1514-84 is amended by revising paragraphs (b) and 
(c) to read as follows:


Sec.  86.1514-84  Analytical gases.

* * * * *
    (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.
    41. Section 86.1519-84 is revised to read as follows:


Sec.  86.1519-84  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.
    42. Section 86.1524-84 is revised to read as follows:


Sec.  86.1524-84  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.
    43. Section 86.1530-84 is amended by revising paragraph (b) to read 
as follows:


Sec.  86.1530-84  Test sequence; general requirements.

* * * * *
    (b) Ambient test cell conditions during the test shall be those 
specified in Sec.  86.130-78 or 40 CFR part 1065, subpart F.
    44. Section 86.1537-84 is amended by revising paragraphs (c), 
(e)(6), and (f) to read as follows:


Sec.  86.1537-84  Idle test run.

* * * * *
    (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).
* * * * *
    (e) * * *
    (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 CFR part 1065, subpart F, for conducting the raw 
CO2 measurement.
* * * * *
    (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.
* * * * *
    45. Section 86.1540-84 is amended by revising paragraphs (b) and 
(c) to read as follows:


Sec.  86.1540-84  Idle exhaust sample analysis.

* * * * *
    (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.
    46. Section 86.1542-84 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  86.1542-84  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:
* * * * *
    47. Section 86.1544-84 is amended by revising paragraphs (b)(1), 
(b)(2), and (c) to read as follows:


Sec.  86.1544-84  Calculation; idle exhaust emissions.

* * * * *
    (b) * * *
    (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.
* * * * *
    (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.
    48. Section 86.1708-99 is amended by revising Tables R99-5 and R99-
6 to read as follows:


Sec.  86.1708-99  Exhaust emission standards for 1999 and later light-
duty vehicles.

* * * * *
    (c) * * *
    (2) * * *

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


[[Page 54872]]


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

* * * * *
    49. Section 86.1709-99 is amended by revising paragraph (c)(1) 
introductory text and by revising Table R99-14.2, to read as follows:


Sec.  86.1709-99  Exhaust emission standards for 1999 and later light 
light-duty trucks.

* * * * *
    (c) * * *
    (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:
* * * * *
    (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)           ---------------------------------------------------------------
                                                     NMHC + 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
----------------------------------------------------------------------------------------------------------------

* * * * *
    50.Section 86.1710-99 is amended by revising paragraph (c)(8) 
introductory text to read as follows:


Sec.  86.1710-99  Fleet average non-methane organic gas exhaust 
emission standards for light-duty vehicles and light light-duty trucks.

* * * * *
    (c) * * *
    (8) Manufacturers may earn and bank credits in the NTR for model 
years 1997 and 1998. In states without a Section 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.
* * * * *
    51.Section 86.1711-99 is amended by revising the section heading 
and paragraph (a) to read as follows:


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).
* * * * *
    52. Section 86.1808-01 is amended by revising paragraph 
(f)(19)(iii) to read as follows:


Sec.  86.1808-01  Maintenance instructions.

* * * * *
    (f) * *
    (19) * *
    (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.
    53. Section 86.1811-04 is amended by revising Table SO4-2 in 
paragraph (c)(6) to read as follows;


Sec.  86.1811-04  Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.

* * * * *
    (c) * * *
    (6) * * *

           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
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.

[[Page 54873]]

 
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.

* * * * *
    22. In Appendix I to Part 86 paragraph (a) is amended by revising 
the table entries for ``961'' and ``1345'', paragraph (b) is amended by 
revising the table entries for ``363,'' ``405,'' ``453,'' ``491,'' 
``577,'' ``662,'' ``663,'' ``664,'' and ``932'', and paragraph (h) is 
amended by adding table entries for ``595,'' ``596,'' ``597,'' ``598,'' 
``599,'' and ``600'' in numerical order to read as follows:

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
                        Time (sec.)                            (m.p.h.)
------------------------------------------------------------------------
 
                                * * * * *
961........................................................          5.3
 
                                * * * * *
1345.......................................................         18.3
 
                                * * * * *
------------------------------------------------------------------------

    (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)
------------------------------------------------------------------------
 
                                * * * * *
363........................................................         52.8
 
                                * * * * *
405........................................................         14.8
 
                                * * * * *
453........................................................         31.9
 
                                * * * * *
491........................................................         55.5
 
                                * * * * *
577........................................................         27.4
 
                                * * * * *
662........................................................         42.0
663........................................................         42.2
664........................................................         42.2
 
                                * * * * *
932........................................................         40.2
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
    (h) EPA SC03 Driving Schedule for Light-Duty Vehicles and Light-
Duty Trucks.

                        EPA SC03 Driving Schedule
                      [Speed versus time sequence]
------------------------------------------------------------------------
                         Time (sec)                          Speed (mph)
------------------------------------------------------------------------
 
                                * * * * *
595........................................................          0.0
596........................................................          0.0
597........................................................          0.0
598........................................................          0.0
599........................................................          0.0
600........................................................          0.0
------------------------------------------------------------------------

PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 
COMPRESSION-IGNITION ENGINES

    54. The authority citation for part 89 is revised to read as 
follows:

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

    55. Section 89.1 is amended by revising paragraph (b)(4)(ii) to 
read as follows:


Sec.  89.1  Applicability.

* * * * *
    (b) * *
    (4) * *
    (ii) Are exempted from the requirements of 40 CFR part 94 by 
exemption provisions of 40 CFR part 94 other than those specified in 40 
CFR 94.907 or 94.912.
* * * * *
    56. Section 89.2 is amended by removing the definitions for 
``Marine diesel engine'' and ``Vessel'', revising the definition of 
``United States'', and adding definitions for ``Amphibious vehicle'', 
``Marine engine'', and ``Marine vessel'' to read as follows:


Sec.  89.2  Definitions.

* * * * *
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
* * * * *
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
marine engine only if its fueling, cooling, or exhaust system is an 
integral part of the vessel. There are two kinds of marine engines:
    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
    57. Section 89.102 is amended by revising paragraph (d)(1)(i) to 
read as follows:


Sec.  89.102  Effective dates, optional inclusion, flexibility for 
equipment manufacturers.

* * * * *
    (d) * * *
    (1) * * *
    (i) Equipment rated at or above 37 kW. For nonroad equipment and 
vehicles with engines rated at or above 37 kW, a manufacturer may take 
any of the actions identified in Sec.  89.1003(a)(1) for a portion of 
its U.S.-directed production volume of such equipment and vehicles 
during the seven years immediately following the date on which Tier 2 
engine standards first apply to engines used in such equipment and 
vehicles, provided that the seven-year sum of these portions in each 
year, as expressed as a percentage for each year, does not exceed 80, 
and provided that all such equipment and vehicles or equipment contain 
Tier 1 or Tier 2 engines;
* * * * *

[[Page 54874]]

    58. Section 89.110 is amended by revising paragraph (b)(2) to read 
as follows:


Sec.  89.110  Emission control information label.

* * * * *
    (b) * * *
    (2) The full corporate name and trademark of the manufacturer; 
though the label may identify another company and use its trademark 
instead of the manufacturer's if the provisions of Sec.  89.1009 are 
met.
* * * * *
    59. Section 89.112 is amended by revising paragraph (f)(3) to read 
as follows:


Sec.  89.112  Oxides of nitrogen, carbon monoxide, hydrocarbon, and 
particulate matter exhaust emission standards.

* * * * *
    (f) * * *
    (3) Test procedures. NOX, NMHC, and PM emissions are 
measured using the procedures set forth in 40 CFR part 1065, in lieu of 
the procedures set forth in subpart E of this part. CO emissions may be 
measured using the procedures set forth either in 40 CFR part 1065 or 
in Subpart E of this part. Manufacturers may use an alternate procedure 
to demonstrate the desired level of emission control if approved in 
advance by the Administrator. Engines meeting the requirements to 
qualify as Blue Sky Series engines must be capable of maintaining a 
comparable level of emission control when tested using the procedures 
set forth in paragraph (c) of this section and subpart E of this part. 
The numerical emission levels measured using the procedures from 
subpart E of this part may be up to 20 percent higher than those 
measured using the procedures from 40 CFR part 1065 and still be 
considered comparable.
    60. Section 89.130 is revised to read as follows:


Sec.  89.130  Rebuild practices.

    The provisions of 40 CFR 1068.120 apply to rebuilding of engines 
subject to the requirements of this part 89.
    61. Section 89.301 is amended by revising paragraph (d) to read as 
follows:


Sec.  89.301  Scope; applicability.

* * * * *
    (d) Additional information about system design, calibration 
methodologies, and so forth, for raw gas sampling can be found in 40 
CFR part 1065. Examples for system design, calibration methodologies, 
and so forth, for dilute exhaust gas sampling can be found in 40 CFR 
part 1065.
    62. Section 89.319 is amended by revising paragraphs (b)(2)(i) and 
(c) introductory text to read as follows:


Sec.  89.319  Hydrocarbon analyzer calibration.

    (b) * * *
    (2) * * *
    (i) The HFID optimization procedures outlined in 40 CFR part 1065, 
subpart D.
* * * * *
    (c) Initial and periodic calibration. Prior to introduction into 
service, after any maintenance which could alter calibration, and 
monthly thereafter, the FID or HFID hydrocarbon analyzer shall be 
calibrated on all normally used instrument ranges using the steps in 
this paragraph (c). 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 40 CFR part 
1065, subpart F, for the HFID is taken. New calibration curves need not 
be generated each month if the existing curve can be verified as 
continuing to meet the requirements of paragraph (c)(3) of this 
section.
* * * * *
    63. Section 89.320 is amended by revising paragraph (d) to read as 
follows:


Sec.  89.320  Carbon monoxide analyzer calibration.

* * * * *
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065 may be used 
in lieu of the procedures specified in this section.
    64. Section 89.321 is amended by revising paragraph (d) to read as 
follows:


Sec.  89.321  Oxides of nitrogen analyzer calibration.

* * * * *
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065 may be used 
in lieu of the procedures specified in this section.
    65. Section 89.322 is amended by revising paragraph (b) to read as 
follows:


Sec.  89.322  Carbon dioxide analyzer calibration.

* * * * *
    (b) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065 may be used 
in lieu of the procedures in this section.
    66. Section 89.410 is amended by adding paragraph (e) to read as 
follows:


Sec.  89.410  Engine test cycle.

* * * * *
    (e) Manufacturers may optionally use the ramped-modal duty cycles 
corresponding to the discrete-mode duty cycles specified in this 
section, as described in 40 CFR 1039.505.
    67. Section 89.419 is amended by revising paragraphs (a) 
introductory text, (a)(3)(i), (b)(1) introductory text, (b)(2)(i), 
(b)(2)(v)(B), (b)(4)(ii), and (b)(4)(iii) to read as follows:


Sec.  89.419  Dilute gaseous exhaust sampling and analytical system 
description.

    (a) General. The exhaust gas sampling system described in this 
section is designed to measure the true mass of gaseous emissions in 
the exhaust of petroleum-fueled nonroad compression-ignition engines. 
This system utilizes the CVS concept (described in 40 CFR part 1065, 
subparts A and B) of measuring mass emissions of HC, CO, and 
CO2. A continuously integrated system is required for HC and 
NOX measurement and is allowed for all CO and CO2 
measurements. The mass of gaseous emissions is determined from the 
sample concentration 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:
* * * * *
    (3) * * *
    (i) Bag sampling (see 40 CFR part 1065) and analytical capabilities 
(see 40 CFR part 1065), as shown in Figure 2 and Figure 3 in appendix A 
to this subpart; or
* * * * *
    (b) * * *
    (1) Exhaust dilution system. The PDP-CVS shall conform to all of 
the requirements listed for the exhaust gas PDP-CVS in 40 CFR part 
1065. The CFV-CVS shall conform to all of the requirements listed for 
the exhaust gas CFV-CVS in 40 CFR part 1065. In addition, the CVS must 
conform to the following requirements:
* * * * *
    (2) * * *
    (i) The continuous HC sample system (as shown in Figure 2 or 3 in 
appendix A to this subpart) 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 according to 40 
CFR part 1065, subpart F, although this is not required.
* * * * *

[[Page 54875]]

    (v) * * *
    (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 
where possible at initial installation and after any major maintenance 
performed on the system. The profiling shall be accomplished using the 
insertion thermocouple probing technique. The system temperature will 
be monitored continuously during testing at the locations and 
temperature described in 40 CFR 1065.145.
* * * * *
    (4) * * *
    (ii) The continuous NOX, CO, or CO2 sampling 
and analysis system shall conform to the specifications of 40 CFR 
1065.145 with the following exceptions and revisions:
    (A) The system components required to be heated by 40 CFR 1065.145 
need only be heated to prevent water condensation, the minimum 
component temperature shall be 55 [deg]C.
    (B) The system response shall meet the specifications in 40 CFR 
part 1065, subpart C.
    (C) Alternative NOX measurement techniques outlined in 
40 CFR part 1065, subpart D, are not permitted for NOX 
measurement in this subpart.
    (D) All analytical gases must conform to the specifications of 
Sec.  89.312.
    (E) Any range on a linear analyzer below 155 ppm must have and use 
a calibration curve conforming to Sec.  89.310.
    (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 Sec.  89.313 before 
flow correction (if used) and subsequent integration takes place.
    68. Section 89.421 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec.  89.421  Exhaust gas analytical system; CVS bag sample.

* * * * *
    (b) Major component description. The analytical system, Figure 4 in 
appendix A to this subpart, consists of a flame ionization detector 
(FID) (heated for petroleum-fueled compression-ignition engines to 191 
[deg]C 6 [deg]C) for the measurement of hydrocarbons, 
nondispersive infrared analyzers (NDIR) for the measurement of carbon 
monoxide and carbon dioxide, and a chemiluminescence detector (CLD) (or 
HCLD) for the measurement of oxides of nitrogen. The exhaust gas 
analytical system shall conform to the following requirements:
    (1) The CLD (or HCLD) 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) 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 40 CFR part 1065, subpart D.)
    (3) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a 
mixture of 3 percent CO2 in N2, which has been 
bubbled through water at room temperature, produces an equivalent CO 
response, as measured on the most sensitive CO range, which is less 
than 1 percent of full scale CO concentration on ranges above 300 ppm 
full scale or less than 3 ppm on ranges below 300 ppm full scale. (See 
40 CFR part 1065, subpart D.)
    (c) Alternate analytical systems. Alternate analysis systems 
meeting the specifications of 40 CFR part 1065, subpart A, may be used 
for the testing required under this subpart. Heated analyzers may be 
used in their heated configuration.
* * * * *
    69. Section 89.424 is amended by revising the note at the end of 
paragraph (d)(3) to read as follows:


Sec.  89.424  Dilute emission sampling calculations.

* * * * *
    (d) * * *
    (3) * * *
    (Note: If a CO instrument that meets the criteria specified in 
40 CFR part 1065, subpart C, is used without a sample dryer 
according to 40 CFR 1065.145, COem must be substituted 
directly for COe and COdm must be substituted 
directly for COd.)
* * * * *
    70. Appendix A to Subpart F is amended by revising Table 1 to read 
as follows:

Appendix A to Subpart F of Part 89--Sampling Plans for Selective 
Enforcement Auditing of Nonroad Engines

                   Table 1.--Sampling Plan Code Letter
------------------------------------------------------------------------
         Annual engine family sales                   Code letter
------------------------------------------------------------------------
20-50.......................................  AA\1\
20-99.......................................  A
100-299.....................................  B
300-499.....................................  C
500 or greater..............................  D
------------------------------------------------------------------------
\1\ A manufacturer may optionally use either the sampling plan for code
  letter ``AA'' or sampling plan for code letter ``A'' for Selective
  Enforcement Audits of engine families with annual sales between 20 and
  50 engines. Additionally, the manufacturer may switch between these
  plans during the audit.

* * * * *
    71. Section 89.603 is amended by adding paragraph (e) to read as 
follows:


Sec.  89.603  General requirements for importation of nonconforming 
nonroad engines.

* * * * *
    (e)(1) The applicable emission standards for engines imported by an 
ICI under this subpart are the emission standards applicable to the 
Original Production (OP) year of the engine.
    (2) Where engine manufacturers have choices in emission standards 
for one or more pollutants in a given model year, the standard that 
applies to the ICI is the least stringent standard for that pollutant 
applicable to the OP year for the appropriate power category.
    (3) ICIs may not generate, use or trade emission credits or 
otherwise participate in any way in the averaging, banking and trading 
program.
    (4) An ICI may import no more than a total of 5 engines under the 
certificate(s) it receives under this part for any given model year, 
except as allowed by paragraph (e)(5) of this section. For ICIs owned 
by a parent company, the importation limit includes importation by the 
parent company and all its subsidiaries.
    (5) An ICI may exceed the limit outlined in paragraph (e)(4) of 
this section, provided that any engines in excess of the limit meet the 
emission standards and other requirements outlined in the applicable 
provisions of Part 89 or 1039 of this chapter for the model year in 
which the engine is modified (instead of the emission standards and 
other requirements applicable for the OP year of the vehicle/engine).
    72. Section 89.612 is amended by revising paragraph (d) to read as 
follows:


Sec.  89.612  Prohibited acts; penalties.

* * * * *
    (d) An importer who violates section 213(d) and section 203 of the 
Act is subject to the provisions of section 209 of the Act and is also 
subject to a civil penalty under section 205 of the Act of

[[Page 54876]]

not more than $32,500 for each nonroad engine subject to the violation. 
In addition to the penalty provided in the Act, where applicable, a 
person or entity who imports an engine under the exemption provisions 
of Sec.  89.611(b) and, who fails to deliver the nonroad engine to the 
U.S. Customs Service is liable for liquidated damages in the amount of 
the bond required by applicable Customs laws and regulations. The 
maximum penalty value listed in this paragraph (d) is shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.
* * * * *
    73. A new Sec.  89.913 is added to subpart J to read as follows:


Sec.  89.913  What provisions apply to engines certified under the 
motor-vehicle program?

    You may use the provisions of 40 CFR 1039.605 to introduce new 
nonroad engines into commerce if they are already certified to the 
requirements that apply to compression-ignition engines under 40 CFR 
parts 85 and 86. For the purposes of this section, all references in 40 
CFR 1039.605 to 40 CFR part 1039 or sections in that part are replaced 
by references to this part 89 or the corresponding sections in this 
part 89.
    74. A new Sec.  89.914 is added to subpart J to read as follows:


Sec.  89.914  What provisions apply to vehicles certified under the 
motor-vehicle program?

    You may use the provisions of 40 CFR 1039.610 to introduce new 
nonroad engines or equipment into commerce if the vehicle is already 
certified to the requirements that apply under 40 CFR parts 85 and 86. 
For the purposes of this section, all references in 40 CFR 1039.610 to 
40 CFR part 1039 or sections in that part are replaced by references to 
this part 89 or the corresponding sections in this part 89.
    75. Section 89.1003 is amended by removing and reserving paragraphs 
(b)(5) and (b)(6), redesignating (b)(7)(iv) as (b)(7)(vii), revising 
paragraphs (a)(3)(iii), (b)(7)(ii), and (b)(7)(iii), and adding 
paragraphs (b)(7)(iv) and (b)(7)(viii) to read as follows:


Sec.  89.1003  Prohibited acts.

    (a) * * *
    (3) * * *
    (iii) For a person to deviate from the provisions of Sec.  89.130 
when rebuilding an engine (or rebuilding a portion of an engine or 
engine system). Such a deviation violates paragraph (a)(3)(i) of this 
section.
* * * * *
    (b) * * *
    (7) * * *
    (ii) The engine manufacturer or its agent takes ownership and 
possession of the engine being replaced or confirms that the engine has 
been destroyed; and
    (iii) If the engine being replaced was not certified to any 
emission standards under this part, the replacement engine must have a 
permanent label with your corporate name and trademark and the 
following language, or similar alternate language approved by the 
Administrator:
    THIS ENGINE DOES NOT COMPLY WITH U.S. EPA NONROAD OR HIGHWAY 
EMISSION REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY 
PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE BUILT BEFORE JANUARY 1, 
[Insert appropriate year reflecting when the earliest tier of standards 
began to apply to engines of that size and type] MAY BE A VIOLATION OF 
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
    (iv) If the engine being replaced was certified to emission 
standards less stringent than those in effect when you produce the 
replacement engine, the replacement engine must have a permanent label 
with your corporate name and trademark and the following language, or 
similar alternate language approved by the Administrator:
    THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS 
UNDER THE PROVISIONS OF 40 CFR 89.1003(b)(7). SELLING OR INSTALLING 
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE 
BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting when the 
next tier of emission standards began to apply] MAY BE A VIOLATION OF 
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
    (viii) The provisions of this section may not be used to circumvent 
emission standards that apply to new engines under this part.
    76. Section 89.1006 is amended by revising paragraphs (a)(1), 
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as 
follows:


Sec.  89.1006  Penalties.

    (a) * * *
    (1) A person who violates Sec.  89.1003(a)(1), (a)(4), or (a)(6), 
or a manufacturer or dealer who violates Sec.  89.1003(a)(3)(i), is 
subject to a civil penalty of not more than $32,500 for each violation.
    (2) A person other than a manufacturer or dealer who violates Sec.  
89.1003(a)(3)(i) or any person who violates Sec.  89.1003(a)(3)(ii) is 
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
    (5) A person who violates Sec.  89.1003(a)(2) or (a)(5) is subject 
to a civil penalty of not more than $32,500 per day of violation.
    (6) The maximum penalty values listed in this section are shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.
* * * * *
    (c) * * *
    (1) Administrative penalty authority. In lieu of commencing a civil 
action under paragraph (b) of this section, the Administrator may 
assess any civil penalty prescribed in paragraph (a) of this section, 
except that the maximum amount of penalty sought against each violator 
in a penalty assessment proceeding shall not exceed $270,000, unless 
the Administrator and the Attorney General jointly determine that a 
matter involving a larger penalty amount is appropriate for 
administrative penalty assessment. Any such determination by the 
Administrator and the Attorney General is not subject to judicial 
review. Assessment of a civil penalty shall be by an order made on the 
record after opportunity for a hearing held in accordance with the 
procedures found at part 22 of this chapter. The Administrator may 
compromise, or remit, with or without conditions, any administrative 
penalty which may be imposed under this section.
* * * * *
    77. A new Sec.  89.1009 is added to subpart K to read as follows:


Sec.  89.1009  What special provisions apply to branded engines?

    The following provisions apply if you identify the name and 
trademark of another company instead of your own on your emission 
control information label, as provided by Sec.  89.110(b)(2):
    (a) You must have a contractual agreement with the other company 
that obligates that company to take the following steps:

[[Page 54877]]

    (1) Meet the emission warranty requirements that apply under this 
part. This may involve a separate agreement involving reimbursement of 
warranty-related expenses.
    (2) Report all warranty-related information to the certificate 
holder.
    (b) In your application for certification, identify the company 
whose trademark you will use and describe the arrangements you have 
made to meet your requirements under this section.
    (c) You remain responsible for meeting all the requirements of this 
chapter, including warranty and defect-reporting provisions.

PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES 
AT OR BELOW 19 KILOWATTS

    78. The authority citation for part 90 is revised to read as 
follows:

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

    79. Section 90.1 is amended by removing and reserving paragraph 
(d)(4), revising paragraphs (b) and (d)(5), and adding paragraph (c) to 
read as follows:


Sec.  90.1  Applicability.

* * * * *
    (b) In certain cases, the regulations in this part 90 also apply to 
new engines with a gross power output above 19 kW that would otherwise 
be covered by 40 CFR part 1048 or 1051. See 40 CFR 1048.615 or 
1051.145(a)(3) for provisions related to this allowance.
    (c) In certain cases, the regulations in this part 90 apply to new 
engines below 50 cc used in motorcycles that are motor vehicles. See 40 
CFR 86.447-2006 or 86.448-2006 for provisions related to this 
allowance.
* * * * *
    (d) * * *
    (5) Engines certified to meet the requirements of 40 CFR part 1048, 
subject to the provisions of Sec.  90.913.
* * * * *
    80. Section 90.3 is amended by revising the definitions for 
``Marine engine'', ``Marine vessel'', and ``United States'' and adding 
definitions for ``Amphibious vehicle'' and ``Maximum engine power'' in 
alphabetical order to read as follows:


Sec.  90.3  Definitions.

* * * * *
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
* * * * *
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
marine engine only if its fueling, cooling, or exhaust system is an 
integral part of the vessel. There are two kinds of marine engines:
    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
    Maximum engine power means gross power.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
    81. Section 90.301 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  90.301  Applicability.

* * * * *
    (c) Additional information about system design, calibration 
methodologies, and so forth, for raw gas sampling can be found in 40 
CFR part 1065. Examples for system design, calibration methodologies, 
and so forth, for dilute exhaust gas sampling can be found in 40 CFR 
part 1065.
    (d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II 
natural gas fueled engines, use the procedures of 40 CFR part 1065 to 
measure nonmethane hydrocarbon (NMHC) exhaust emissions from Phase 2 
Class I, Phase 2 Class I-B, and Phase 2 Class II natural gas fueled 
engines.
    82. Section 90.308 is amended by revising paragraph (b)(1) to read 
as follows:


Sec.  90.308  Lubricating oil and test fuels.

* * * * *
    (b) * * *
    (1) The manufacturer must use gasoline having the specifications, 
or substantially equivalent specifications approved by the 
Administrator, as specified in Table 3 in Appendix A of this subpart 
for exhaust emission testing of gasoline fueled engines. As an option, 
manufacturers may use the fuel specified in 40 CFR part 1065, subpart 
H, for gasoline-fueled engines.
* * * * *
    83. Section 90.316 is amended by revising paragraphs (b)(2)(ii) and 
(c) introductory text to read as follows:


Sec.  90.316  Hydrocarbon analyzer calibration.

* * * * *
    (b) * * *
    (2) * * *
    (ii) The HFID optimization procedures outlined in 40 CFR part 1065, 
subpart D.
* * * * *
    (c) Initial and periodic calibration. Prior to initial use and 
monthly thereafter, or within one month prior to the certification 
test, the FID or HFID hydrocarbon analyzer must be calibrated on all 
normally used instrument ranges using the steps in this paragraph. Use 
the same flow rate and pressures as when analyzing samples. Introduce 
calibration gases directly at the analyzer. An optional method for 
dilute sampling described in 40 CFR part 1065, subpart F, may be used.
* * * * *
    84. Section 90.318 is amended by revising paragraph (d) to read as 
follows:


Sec.  90.318  Oxides of nitrogen analyzer calibration.

* * * * *
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065, subpart D, 
may be used in lieu of the procedures specified in this section.
    85. Section 90.320 is amended by revising paragraph (b) to read as 
follows:


Sec.  90.320  Carbon dioxide analyzer calibration.

* * * * *
    (b) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065, subparts C 
and D, may be used in lieu of the procedures in this section.
    86. Section 90.401 is amended by revising paragraph (d) to read as 
follows:


Sec.  90.401  Applicability.

* * * * *
    (d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II 
natural gas fueled engines, use the equipment specified in 40 CFR part 
1065, subparts D and E, to measure nonmethane hydrocarbon (NMHC) 
exhaust emissions from Phase 2 Class I, Phase 2 Class I-B, and Phase 2 
Class II natural gas fueled engines.
    87. Section 90.421 is amended by revising paragraph (b) 
introductory text,

[[Page 54878]]

(b)(4)(ii), and (b)(4)(iii) to read as follows:


Sec.  90.421  Dilute gaseous exhaust sampling and analytical system 
description.

* * * * *
    (b) Component description. The components necessary for exhaust 
sampling must meet the following requirements:
* * * * *
    (4) * * *
    (ii) Conform to the continuous NOX, CO, or 
CO2 sampling and analysis system to the specifications of 40 
CFR 1065.145, with the following exceptions and revisions:
    (A) Heat the system components requiring heating only to prevent 
water condensation, the minimum component temperature is 55 [deg]C.
    (B) Coordinate analysis system response time with CVS flow 
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
    (C) Use only analytical gases conforming to the specifications of 
40 CFR 1065.750 for calibration, zero and span checks.
    (D) Use a calibration curve conforming to 40 CFR part 1065, 
subparts C and D, for CO, CO2, and NOX for any 
range on a linear analyzer below 155 ppm.
    (iii) Convert the chart deflections or voltage output of analyzers 
with non-linear calibration curves to concentration values by the 
calibration curve(s) specified in 40 CFR part 1065, subpart D, before 
flow correction (if used) and subsequent integration takes place.
    88. Section 90.613 is amended by revising paragraph (d) to read as 
follows:


Sec.  90.613  Prohibited acts; penalties.

* * * * *
    (d) An importer who violates section 213(d) and section 203 of the 
Act is subject to a civil penalty under section 205 of the Act of not 
more than $32,500 for each engine subject to the violation. In addition 
to the penalty provided in the Act, where applicable, under the 
exemption provisions of Sec.  90.612(b), a person or entity who fails 
to deliver the engine to the U.S. Customs Service is liable for 
liquidated damages in the amount of the bond required by applicable 
Customs laws and regulations. The maximum penalty value listed in this 
paragraph (d) is shown for calendar year 2004. Maximum penalty limits 
for later years may be adjusted based on the Consumer Price Index. The 
specific regulatory provisions for changing the maximum penalties, 
published in 40 CFR part 19, reference the applicable U.S. Code 
citation on which the prohibited action is based.
    89. A new Sec.  90.913 is added to subpart J to read as follows:


Sec.  90.913  Exemption for engines certified to standards for Large SI 
engines.

    (a) An engine is exempt from the requirements of this part if it is 
in an engine family that has a valid certificate of conformity showing 
that it meets emission standards and other requirements under 40 CFR 
part 1048 for the appropriate model year.
    (b) The only requirements or prohibitions from this part that apply 
to an engine that is exempt under this section are in this section.
    (c) If your engines do not have the certificate required in 
paragraph (a) of this section, they will be subject to the provisions 
of this part. Introducing these engines into commerce without a valid 
exemption or certificate of conformity violates the prohibitions in 
Sec.  90.1003.
    (d) Engines exempted under this section are subject to all the 
requirements affecting engines under 40 CFR part 1048. The requirements 
and restrictions of 40 CFR part 1048 apply to anyone manufacturing 
these engines, anyone manufacturing equipment that uses these engines, 
and all other persons in the same manner as if these were nonroad 
spark-ignition engines above 19 kW.
    (e) Engines exempted under this section may not generate or use 
emission credits under this part 90.
    90. Section 90.1006 is amended by revising paragraphs (a)(1), 
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as 
follows:


Sec.  90.1006  Penalties.

    (a) * * *
    (1) A person who violates Sec.  90.1003(a)(1), (a)(4), or (a)(5), 
or a manufacturer or dealer who violates Sec.  90.1003(a)(3)(i), is 
subject to a civil penalty of not more than $32,500 for each violation.
    (2) A person other than a manufacturer or dealer who violates Sec.  
90.1003(a)(3)(i) or any person who violates Sec.  90.1003(a)(3)(ii) is 
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
    (5) A person who violates Sec.  90.1003(a)(2) or (a)(6) is subject 
to a civil penalty of not more than $32,500 per day of violation.
    (6) The maximum penalty values listed in this section are shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.
* * * * *
    (c) * * *
    (1) Administrative penalty authority. In lieu of commencing a civil 
action under paragraph (b) of this section, the Administrator shall 
assess any civil penalty prescribed in paragraph (a) of this section, 
except that the maximum amount of penalty sought against each violator 
in a penalty assessment proceeding can not exceed $270,000, unless the 
Administrator and the Attorney General jointly determine that a matter 
involving a larger penalty amount is appropriate for administrative 
penalty assessment. Any such determination by the Administrator and the 
Attorney General is not subject to judicial review. Assessment of a 
civil penalty is made by an order made on the record after opportunity 
for a hearing held in accordance with the procedures found at part 22 
of this chapter. The Administrator may compromise, or remit, with or 
without conditions, any administrative penalty which may be imposed 
under this section.
* * * * *

PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

    91. The authority citation for part 91 is revised to read as 
follows:


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

    92. Section 91.3 is amended by revising the definitions for 
``Marine spark-ignition engine'', ``Marine vessel'', and ``United 
States'', adding definitions for ``Amphibious vehicle'', ``Marine 
engine'', and ``Spark-ignition'' in alphabetical order to read as 
follows:


Sec.  91.3  Definitions.

* * * * *
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
* * * * *
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
marine engine only if its fueling, cooling, or exhaust system is an 
integral part of the vessel. There are two kinds of marine engines:

[[Page 54879]]

    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine spark-ignition engine means a spark-ignition marine engine 
that propels a marine vessel.
* * * * *
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
* * * * *
    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark-ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
    93. Section 91.301 is amended by revising paragraph (c) to read as 
follows:


Sec.  91.301  Scope; applicability.

* * * * *
    (c) Additional information about system design, calibration 
methodologies, and so forth, for raw gas sampling can be found in 40 
CFR part 1065. Examples for system design, calibration methodologies, 
and so forth, for dilute sampling can be found in 40 CFR part 1065.
    94. Section 91.316 is amended by revising paragraphs (b)(2)(ii) and 
(c) introductory text to read as follows:


Sec.  91.316  Hydrocarbon analyzer calibration.

* * * * *
    (b) * * *
    (2) * * *
    (ii) The HFID optimization procedures outlined in 40 CFR part 1065, 
subpart D.
* * * * *
    (c) Initial and periodic calibration. Prior to introduction into 
service and monthly thereafter, or within one month prior to the 
certification test, calibrate the FID or HFID hydrocarbon analyzer on 
all normally used instrument ranges, using the steps in this paragraph. 
Use the same flow rate and pressures as when analyzing samples. 
Introduce calibration gases directly at the analyzer. An optional 
method for dilute sampling described in 40 CFR part 1065, subpart F, 
may be used.
* * * * *
    95. Section 91.318 is amended by revising paragraph (d) to read as 
follows:


Sec.  91.318  Oxides of nitrogen analyzer calibration.

* * * * *
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065, subparts C 
and D, may be used in lieu of the procedures specified in this section.
    96. Section 91.320 is amended by revising paragraph (b) to read as 
follows:


Sec.  91.320  Carbon dioxide analyzer calibration.

* * * * *
    (b) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 1065, subparts C 
and D, may be used in lieu of the procedures in this section.
    97. Section 91.419 is amended by revising the entry defining 
``MHCexh'' in paragraph (b) to read as follows:


Sec.  91.419  Raw emission sampling calculations.

* * * * *
    (b) * * *
    MHCexh = Molecular weight of hydrocarbons in the 
exhaust; see the following equation:

MHCexh = 12.01 + 1.008 x[alpha]
* * * * *
    98. Section 91.421 is amended by revising paragraph (b)(4)(ii) and 
(b)(4)(iii) to read as follows:


Sec.  91.421  Dilute gaseous exhaust sampling and analytical system 
description.

* * * * *
    (b) * * *
    (4) * * *
    (ii) Conform to the continuous NOX, CO2, or 
CO2 sampling and analysis system to the specifications of 40 
CFR 1065.145, with the following exceptions and revisions:
    (A) Heat the system components requiring heating only to prevent 
water condensation, the minimum component temperature is 55 [deg]C.
    (B) Coordinate analysis system response time with CVS flow 
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
    (C) Use only analytical gases conforming to the specifications of 
40 CFR 1065.750 for calibration, zero, and span checks.
    (D) Use a calibration curve conforming to 40 CFR part 1065, 
subparts C and D, for CO, CO2, and NOX for any 
range on a linear analyzer below 155 ppm.
    (iii) Convert the chart deflections or voltage output of analyzers 
with non-linear calibration curves to concentration values by the 
calibration curve(s) specified in 40 CFR part 1065, subpart D, before 
flow correction (if used) and subsequent integration takes place.
* * * * *
    99. Section 91.705 is amended by revising paragraph (d) to read as 
follows:


Sec.  91.705  Prohibited acts; penalties.

* * * * *
    (d) An importer who violates Sec.  91.1103(a)(1), section 213(d) 
and section 203 of the Act is subject to a civil penalty under Sec.  
91.1106 and section 205 of the Act of not more than $32,500 for each 
marine engine subject to the violation. In addition to the penalty 
provided in the Act, where applicable, a person or entity who imports 
an engine under the exemption provisions of Sec.  91.704(b) and, who 
fails to deliver the marine engine to the U.S. Customs Service by the 
end of the period of conditional admission is liable for liquidated 
damages in the amount of the bond required by applicable Customs laws 
and regulations. The maximum penalty value listed in this paragraph (d) 
is shown for calendar year 2004. Maximum penalty limits for later years 
may be adjusted based on the Consumer Price Index. The specific 
regulatory provisions for changing the maximum penalties, published in 
40 CFR part 19, reference the applicable U.S. Code citation on which 
the prohibited action is based.
    100. Section 91.1106 is amended by revising paragraphs (a)(1), 
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as 
follows:


Sec.  91.1106  Penalties.

    (a) * * *
    (1) A person who violates Sec.  91.1103 (a)(1), (a)(4), or (a)(5), 
or a manufacturer or dealer who violates Sec.  91.1103(a)(3)(i), is 
subject to a civil penalty of not more than $32,500 for each violation.
    (2) A person other than a manufacturer or dealer who violates Sec.  
91.1103(a)(3)(i) or any person who violates Sec.  91.1103(a)(3)(ii) is 
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *

[[Page 54880]]

    (5) A person who violates Sec.  91.1103 (a)(2) or (a)(6) is subject 
to a civil penalty of not more than $32,500 per day of violation.
    (6) The maximum penalty values listed in this section are shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.
* * * * *
    (c) * * *
    (1) Administrative penalty authority. In lieu of commencing a civil 
action under paragraph (b) of this section, the Administrator shall 
assess any civil penalty prescribed in paragraph (a) of this section, 
except that the maximum amount of penalty sought against each violator 
in a penalty assessment proceeding can not exceed $270,000, unless the 
Administrator and the Attorney General jointly determine that a matter 
involving a larger penalty amount is appropriate for administrative 
penalty assessment. Any such determination by the Administrator and the 
Attorney General is not subject to judicial review. Assessment of a 
civil penalty is made by an order made on the record after opportunity 
for a hearing held in accordance with the procedures found at part 22 
of this chapter. The Administrator may compromise, or remit, with or 
without conditions, any administrative penalty which may be imposed 
under this section.
* * * * *

PART 92--CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE 
ENGINES

    101. The authority citation for part 92 is revised to read as 
follows:

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

    102. Section 92.1 is amended by revising paragraphs (a) 
introductory text, (b)(3), and (b)(4) and adding paragraph (d) to read 
as follows:


Sec.  92.1  Applicability.

    (a) Except as noted in paragraphs (b) and (d) of this section, the 
provisions of this part apply to manufacturers, remanufacturers, owners 
and operators of:
* * * * *
    (b) * * *
    (3) Locomotive engines which provide only hotel power (see 40 CFR 
parts 89 and 1039 to determine if such engines are subject to EPA 
emission requirements); or
    (4) Nonroad vehicles excluded from the definition of locomotive in 
Sec.  92.2, and the engines used in such nonroad vehicles (see 40 CFR 
parts 86, 89, and 1039 to determine if such vehicles or engines are 
subject to EPA emission requirements).
* * * * *
    (d) The provisions of subpart L of this part apply to all persons.
    103. Section 92.2 is amended in paragraph (b) by revising the 
definitions for Calibration, paragraph (5) of the definition for New 
locomotive or new locomotive engine, Repower, and United States to read 
as follows:


Sec.  92.2  Definitions.

* * * * *
    (b) * * *
* * * * *
    Calibration means the set of specifications, including tolerances, 
specific to a particular design, version, or application of a 
component, or components, or assembly capable of functionally 
describing its operation over its working range. This definition does 
apply to Subpart B of this part.
* * * * *
    New locomotive or new locomotive engine means: * * *
    (5) Notwithstanding paragraphs (1) through (3) of this definition, 
locomotives and locomotive engines which are owned by a small railroad 
and which have never been manufactured or remanufactured into a 
certified configuration are not new.
* * * * *
    Repower means replacement of the engine in a previously used 
locomotive with a freshly manufactured locomotive engine. Replacing a 
locomotive engine with a freshly manufactured locomotive engine in a 
locomotive that has a refurbished or reconditioned chassis such that 
less than 25 percent of the parts of the locomotive were previously 
used (as weighted by dollar value) is not repowering.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
    104. Section 92.109 is amended by revising paragraph (c)(3) to read 
as follows:


Sec.  92.109  Analyzer specifications.

* * * * *
    (c) * * *
    (3) Alcohols and Aldehydes. The sampling and analysis procedures 
for alcohols and aldehydes, where applicable, shall be approved by the 
Administrator prior to the start of testing. Procedures are allowed if 
they are consistent the general requirements of 40 CFR part 1065, 
subpart I, for sampling and analysis of alcohols and aldehydes, and 
with good engineering practice.
* * * * *
    105. Section 92.114 is amended by revising paragraphs (d)(2) 
introductory text and (e)(1) to read as follows:


Sec.  92.114  Exhaust gas and particulate sampling and analytical 
system.

* * * * *
    (d) * * *
    (2) For engine testing, either a locomotive-type or a facility-type 
exhaust system (or a combination system) may be used. The exhaust 
backpressure for engine testing shall be set between 90 and 100 percent 
of the maximum backpressure that will result with the exhaust systems 
of the locomotives in which the engine will be used. Backpressure less 
than 90 percent of the maximum value is also allowed, provided the 
backpressure is within 0.07 psi of the maximum value. The facility-type 
exhaust system shall meet the following requirements:
* * * * *
    (e) * * *
    (1) Dilution of the exhaust prior to sampling is allowed for 
gaseous emissions. The equipment and methods used for dilution, 
sampling and analysis shall comply with the requirements of 40 CFR part 
1065, with the following exceptions and additional requirements:
    (i) Proportional sampling and heat exchangers are not required;
    (ii) Larger minimum dimensions for the dilution tunnel(s) shall be 
specified by the Administrator;
    (iii) Other modifications may be made with written approval from 
the Administrator.
* * * * *
    106. Section 92.123 is amended by revising paragraph (a)(2)(ii) to 
read as follows:


Sec.  92.123  Test procedure; general requirements.

    (a) * * *
    (2) * * *
    (ii) None of the measured opacity values for the stack tested are 
greater than three-quarters of the level allowed by any of the 
applicable smoke standards.
* * * * *
    107. Section 92.124 is amended by revising paragraph (f) to read as 
follows:

[[Page 54881]]

Sec.  92.124  Test sequence; general requirements.

* * * * *
    (f) The required test sequence is described in Table B124-1 of this 
section, as follows:

                       Table B124-1.--Test Sequence for Locomotives and Locomotive Engines
----------------------------------------------------------------------------------------------------------------
                                                                                                Power, and fuel
          Mode Number              Notch setting         Time in notch          Emissions         consumption
                                                                                measured**          measured
----------------------------------------------------------------------------------------------------------------
Warmup.........................  Notch 8..........  5  1 min..  None.............  None.
Warmup.........................  Lowest Idle......  15 min maximum (after   None.............  None.
                                                     engine speed reaches
                                                     lowest idle speed).
1a.............................  Low Idle*........  6 min minimum.........  All..............  Both.
1..............................  Normal Idle......  6 min minimum.........  All..............  Both.
2..............................  Dynamic Brake*...  6 min minimum.........  All..............  Both.
3..............................  Notch 1..........  6 min minimum.........  All..............  Both.
4..............................  Notch 2..........  6 min minimum.........  All..............  Both.
5..............................  Notch 3..........  6 min minimum.........  All..............  Both.
6..............................  Notch 4..........  6 min minimum.........  All..............  Both.
7..............................  Notch 5..........  6 min minimum.........  All..............  Both.
8..............................  Notch 6..........  6 min minimum.........  All..............  Both.
9..............................  Notch 7..........  6 min minimum.........  All..............  Both.
10.............................  Notch 8..........  15 min minimum........  All..............  Both.
----------------------------------------------------------------------------------------------------------------
* Omit if not so equipped.
** The EPA test sequence for locomotives and locomotive engines may be performed once, with gaseous, particulate
  and smoke measurements performed simultaneously, or it may be performed twice with gaseous, and particulate
  measurements performed during one test sequence and smoke measurements performed during the other test
  sequence.

    108. Section 92.132 is amended by revising paragraphs 
(b)(3)(iii)(D)(2) and (d) to read as follows:


Sec.  92.132  Calculations.

* * * * *
    (b) * * *
    (3) * * *
    (iii) * * *
    (D) * * *
    (2) If a CO instrument that meets the criteria specified in 40 CFR 
part 1065, subpart C, is used without a sample dryer according to 40 
CFR 1065.145, COem must be substituted directly for 
COe and COdm must be substituted directly for 
COd.
* * * * *
    (d) NOX correction factor. (1) NOX emission 
rates (MNOx mode) shall be adjusted to account for the 
effects of humidity and temperature by multiplying each emission rate 
by KNOx, which is calculated from the following equations:
KNOx = (K)(1 + (0.25(logK)2)\1/2\)
K = (KH)(KT)
KH = 
[C1+C2exp((-0.0143)(10.714))]/
[C1+C2exp((-0.0143)(1000H))]
C1 = -8.7 +164.5exp(-0.0218(A/F)wet)
C2 = 130.7 +3941exp(-0.0248(A/F)wet)

Where:
(A/F)wet = Mass of moist air intake divided by mass of fuel 
intake.
KT = 1/[1-0.0107(T30-TA)] 
for tests conducted at ambient temperatures below 30[deg]C.
KT = 1.00 for tests conducted at ambient temperatures at or 
above 30[deg]C.
T30 = The measured intake manifold air temperature in the 
locomotive when operated at 30[deg]C (or 100[deg]C, where intake 
manifold air temperature is not available).
TA = The measured intake manifold air temperature in the 
locomotive as tested (or the ambient temperature ([deg]C), where intake 
manifold air temperature is not available).
* * * * *
    109. Section 92.203 is amended by revising paragraph (d)(1)(i) to 
read as follows:


Sec.  92.203  Application for certification.

* * * * *
    (d) Required content. Each application must include the following 
information:
    (1)(i) A description of the basic engine design including, but not 
limited to, the engine family specifications, the provisions of which 
are contained in Sec.  92.204;
* * * * *
    110. Section 92.205 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  92.205  Prohibited controls, adjustable parameters.

    (a) Any system installed on, or incorporated in, a new locomotive 
or new locomotive engine to enable such locomotive or locomotive engine 
to conform to standards contained in this part:
* * * * *
    111. Section 92.208 is amended by revising paragraph (a) to read as 
follows:


Sec.  92.208  Certification.

    (a) Paragraph (a) of this section applies to manufacturers of new 
locomotives and new locomotive engines. If, after a review of the 
application for certification, test reports and data acquired from a 
freshly manufactured locomotive or locomotive engine or from a 
development data engine, and any other information required or obtained 
by EPA, the Administrator determines that the application is complete 
and that the engine family meets the requirements of the Act and this 
part, he/she will issue a certificate of conformity with respect to 
such engine family except as provided by paragraph (c)(3) of this 
section. The certificate of conformity is valid for each engine family 
from the date of issuance by EPA until 31 December of the model year or 
calendar year for which it is issued and upon such terms and conditions 
as the Administrator deems necessary or appropriate to assure that the 
production locomotives or engines covered by the certificate will meet 
the requirements of the Act and of this part.
* * * * *
    112. Section 92.210 is amended by revising paragraphs (b)(1), 
(b)(2), (d)(2), and (d)(3) to read as follows:


Sec.  92.210  Amending the application and certificate of conformity.

* * * * *
    (b) A manufacturer's or remanufacturer's request to amend the 
application or the existing certificate of

[[Page 54882]]

conformity shall include the following information:
    (1) A full description of the change to be made in production, or 
of the locomotives or engines to be added;
    (2) Engineering evaluations or data showing that the locomotives or 
engines as modified or added will comply with all applicable emission 
standards; and
* * * * *
    (d) * * *
    (2) If the Administrator determines that the change or new 
locomotive(s) or engine(s) meets the requirements of this part and the 
Act, the appropriate certificate of conformity shall be amended.
    (3) If the Administrator determines that the changed or new 
locomotive(s) or engine(s) does not meet the requirements of this part 
and the Act, the certificate of conformity will not be amended. The 
Administrator shall provide a written explanation to the manufacturer 
or remanufacturer of the decision not to amend the certificate. The 
manufacturer or remanufacturer may request a hearing on a denial.
* * * * *
    113. Section 92.212 is amended by revising paragraphs (b)(2)(v)(G), 
(c)(2)(v)(A), and(c)(2)(v)(D)(2) to read as follows:


Sec.  92.212  Labeling.

* * * * *
    (b) * * *
    (2) * * *
    (v) * * *
    (G) The standards and/or FELs to which the locomotive was 
certified.
    (c) * * *
    (2) * * *
    (v) * * *
    (A) The label heading: Engine Emission Control Information.
* * * * *
    (D) * * *
    (2) This locomotive and locomotive engine conform to U.S. EPA 
regulations applicable to locomotives and locomotive engines originally 
manufactured on or after January 1, 2002 and before January 1, 2005; or
* * * * *


114.  Section 92.215 is amended by revising paragraphs (a)(2)(i)(A) and 
(b) to read as follows:


Sec.  92.215  Maintenance of records; submittal of information; right 
of entry.

    (a) * * *
    (2) * * *
    (i) * * *
    (A) In the case where a current production engine is modified for 
use as a certification engine or in a certification locomotive, a 
description of the process by which the engine was selected and of the 
modifications made. In the case where the certification locomotive or 
the engine for a certification locomotive is not derived from a current 
production engine, a general description of the buildup of the engine 
(e.g., whether experimental heads were cast and machined according to 
supplied drawings). In the cases in the previous two sentences, a 
description of the origin and selection process for fuel system 
components, ignition system components, intake-air pressurization and 
cooling-system components, cylinders, pistons and piston rings, exhaust 
smoke control system components, and exhaust aftertreatment devices as 
applicable, shall be included. The required descriptions shall specify 
the steps taken to assure that the certification locomotive or 
certification locomotive engine, with respect to its engine, 
drivetrain, fuel system, emission-control system components, exhaust 
aftertreatment devices, exhaust smoke control system components or any 
other devices or components as applicable, that can reasonably be 
expected to influence exhaust emissions will be representative of 
production locomotives or locomotive engines and that either: all 
components and/or locomotive or engine, construction processes, 
component inspection and selection techniques, and assembly techniques 
employed in constructing such locomotives or engines are reasonably 
likely to be implemented for production locomotives or engines; or that 
they are as close as practicable to planned construction and assembly 
process.
* * * * *
    (b) The manufacturer or remanufacturer of any locomotive or 
locomotive engine subject to any of the standards prescribed in this 
part shall submit to the Administrator, at the time of issuance by the 
manufacturer or remanufacturer, copies of all instructions or 
explanations regarding the use, repair, adjustment, maintenance, or 
testing of such locomotive or engine, relevant to the control of 
crankcase, or exhaust emissions issued by the manufacturer or 
remanufacturer, for use by other manufacturers or remanufacturers, 
assembly plants, distributors, dealers, owners and operators. Any 
material not translated into the English language need not be submitted 
unless specifically requested by the Administrator.
* * * * *


Sec.  92.216  [Amended]

    115. Section 92.216 is amended by removing and reserving paragraph 
(a)(2).
    116. Section 92.512 is amended by revising paragraph (e) to read as 
follows:


Sec.  92.512  Suspension and revocation of certificates of conformity.

* * * * *
    (e) The Administrator shall notify the manufacturer or 
remanufacturer in writing of any suspension or revocation of a 
certificate of conformity in whole or in part; a suspension or 
revocation is effective upon receipt of such notification or thirty 
days from the time an engine family is deemed to be in noncompliance 
under Sec. Sec.  92.508(d), 92.510(a), 92.510(b) or 92.511(f), 
whichever is earlier, except that the certificate is immediately 
suspended with respect to any failed locomotives or locomotive engines 
as provided for in paragraph (a) of this section.
* * * * *
    117. Section 92.906 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  92.906  Manufacturer-owned, remanufacturer-owned exemption and 
display exemption.

    (a) Any manufacturer-owned or remanufacturer-owned locomotive or 
locomotive engine is exempt from Sec.  92.1103, without application, if 
the manufacturer complies with the following terms and conditions:
* * * * *
    118. Section 92.1106 is amended by revising paragraphs (a)(1), 
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as 
follows:


Sec.  92.1106  Penalties.

    (a) * * *
    (1) A person who violates Sec.  92.1103 (a)(1), (a)(4), or (a)(5), 
or a manufacturer, remanufacturer, dealer or railroad who violates 
Sec.  92.1103(a)(3)(i) or (iii) is subject to a civil penalty of not 
more than $32,500 for each violation.
    (2) A person other than a manufacturer, remanufacturer, dealer, or 
railroad who violates Sec.  92.1103(a)(3)(i) or any person who violates 
Sec.  92.1103(a)(3)(ii) is subject to a civil penalty of not more than 
$2,750 for each violation.
* * * * *
    (5) A person who violates Sec.  92.1103(a)(2) is subject to a civil 
penalty of not more than $32,500 per day of violation.
    (6) The maximum penalty values listed in this section are shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The

[[Page 54883]]

specific regulatory provisions for changing the maximum penalties, 
published in 40 CFR part 19, reference the applicable U.S. Code 
citation on which the prohibited action is based.
* * * * *
    (c) * * *
    (1) Administrative penalty authority. In lieu of commencing a civil 
action under paragraph (b) of this section, the Administrator may 
assess any civil penalty prescribed in paragraph (a) of this section, 
except that the maximum amount of penalty sought against each violator 
in a penalty assessment proceeding shall not exceed $270,000, unless 
the Administrator and the Attorney General jointly determine that a 
matter involving a larger penalty amount is appropriate for 
administrative penalty assessment. Any such determination by the 
Administrator and the Attorney General is not subject to judicial 
review. Assessment of a civil penalty shall be by an order made on the 
record after opportunity for a hearing held in accordance with the 
procedures found at part 22 of this chapter. The Administrator may 
compromise, or remit, with or without conditions, any administrative 
penalty which may be imposed under this section.
* * * * *
    119. Appendix IV to part 92 is amended by revising paragraph (d)(1) 
to read as follows:

Appendix IV to Part 92--Guidelines for Determining Equivalency Between 
Emission Measurement Systems

* * * * *
    (d) Minimum number of tests. The recommended minimum number of 
tests with each system necessary to determine equivalency is:
    (1) Four 10-mode locomotive or locomotive engine tests, 
conducted in accordance with the provisions of Subpart B of this 
part; or
* * * * *

PART 94--CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION-IGNITION 
ENGINES

    120. The authority citation for part 94 is revised to read as 
follows:

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

    121. Section 94.2 is amended in paragraph (b) by revising the 
definitions of marine engine, Marine vessel, and United States and 
adding a definition of ``Amphibious vehicle'' in alphabetical order to 
read as follows:


Sec.  94.2  Definitions.

* * * * *
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
* * * * *
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
marine engine only if its fueling, cooling, or exhaust system is an 
integral part of the vessel. There are two kinds of marine engines:
    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
    122. Section 94.107 is amended by revising paragraph (b) to read as 
follows:


Sec.  94.107  Determination of maximum test speed.

* * * * *
    (b) Generation of lug curve. Prior to beginning emission testing, 
generate maximum measured brakepower versus engine speed data points 
using the applicable method specified in 40 CFR 1065.510. These data 
points form the lug curve. It is not necessary to generate the entire 
lug curve. For the portion of the curve where power increases with 
increasing speed, it is not necessary to generate points with power 
less than 90 percent of the maximum power value. For the portion of the 
curve where power decreases with increasing speed, it is not necessary 
to generate points with power less than 75 percent of the maximum power 
value.
* * * * *
    123. Section 94.109 is amended by revising paragraph (b) to read as 
follows:


Sec.  94.109  Test procedures for Category 3 marine engines.

* * * * *
    (b) Analyzers meeting the specifications of either 40 CFR part 
1065, subpart C, or ISO 8178-1 (incorporated by reference in Sec.  
94.5) shall be used to measure THC and CO.
* * * * *
    124. Section 94.904 is amended by adding a new paragraph (c) to 
read as follows:


Sec.  94.904  Exemptions.

* * * * *
    (c) If you want to take an action with respect to an exempted or 
excluded engine that is prohibited by the exemption or exclusion, such 
as selling it, you need to certify the engine. We will issue a 
certificate of conformity if you send us an application for 
certification showing that you meet all the applicable requirements 
from this part 94 and pay the appropriate fee. Also, in some cases, we 
may allow manufacturers to modify the engine as needed to make it 
identical to engines already covered by a certificate. We would base 
such an approval on our review of any appropriate documentation. These 
engines must have emission control information labels that accurately 
describe their status.
    125. Section 94.907 is amended by revising paragraphs (a), (b), 
(c), (d) introductory text, (d)(1)(ii), (d)(2), (d)(3)(i), (d)(4), and 
(g) and adding introductory text to paragraph (h) to read as follows:


Sec.  94.907  Engine dressing exemption.

    (a) General provisions. If you are an engine manufacturer, this 
section allows you to introduce new marine engines into commerce if 
they are already certified to the requirements that apply to 
compression-ignition engines under 40 CFR parts 85 and 86 or 40 CFR 
part 89, 92 or 1039 for the appropriate model year. If you comply with 
all the provisions of this section, we consider the certificate issued 
under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a 
valid certificate of conformity under this part 94 for its model year, 
without a separate application for certification under the requirements 
of this part 94.
    (b) Boat builder provisions. If you are not an engine manufacturer, 
you may install an engine certified for the appropriate model year 
under 40 CFR part 86, 89, 92, or 1039 in a marine vessel as long as the 
engine has been properly labeled as specified in paragraph (d)(5) of 
this section and you do not make any of the changes described in 
paragraph (d)(3) of this section. If you modify the non-marine engine 
in any of the ways described in paragraph (d)(3) of this section, we 
will consider you a manufacturer of a new marine engine. Such engine 
modifications prevent you from using the provisions of this section.

[[Page 54884]]

    (c) Liability. Engines for which you meet the requirements of this 
section are exempt from all the requirements and prohibitions of this 
part, except for those specified in this section. Engines exempted 
under this section must meet all the applicable requirements from 40 
CFR parts 85 and 86 or 40 CFR part 89, 92, or 1039. This paragraph (c) 
applies to engine manufacturers, boat builders who use such an engine, 
and all other persons as if the engine were used in its originally 
intended application. The prohibited acts of Sec.  94.1103(a)(1) apply 
to these new engines and vessels; however, we consider the certificate 
issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be 
a valid certificate of conformity under this part 94 for its model 
year. If we make a determination that these engines do not conform to 
the regulations during their useful life, we may require you to recall 
them under this part 94 or under 40 CFR part 85, 89, 92, or 1039.
    (d) Specific requirements. If you are an engine manufacturer and 
meet all the following criteria and requirements regarding your new 
marine engine, the engine is eligible for an exemption under this 
section:
    (1) * * *
    (ii) Land-based nonroad diesel engines (40 CFR part 89 or 1039).
* * * * *
    (2) The engine must have the label required under 40 CFR part 86, 
89, 92, or 1039.
* * * * *
    (3) * * *
    (i) Change any fuel system parameters from the certified 
configuration, or change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
* * * * *
    (4) You must show that fewer than 50 percent of the engine model's 
total sales for the model year, from all companies, are used in marine 
applications, as follows:
    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm this based on its sales information.
* * * * *
    (g) Failure to comply. If your engines do not meet the criteria 
listed in paragraph (d) of this section, they will be subject to the 
standards, requirements, and prohibitions of this part 94 and the 
certificate issued under 40 CFR part 86, 89, 92, or 1039 will not be 
deemed to also be a certificate issued under this part 94. Introducing 
these engines into commerce without a valid exemption or certificate of 
conformity under this part violates the prohibitions in 40 CFR 
94.1103(a)(1).
    (h) Data submission. * * *
* * * * *
    (i) Participation in averaging, banking and trading. Engines 
adapted for marine use under this section may not generate or use 
emission credits under this part 94. These engines may generate credits 
under the ABT provisions in 40 CFR part 86, 89, 92, or 1039, as 
applicable. These engines must use emission credits under 40 CFR part 
86, 89, 92, or 1039 as applicable if they are certified to an FEL that 
exceeds an applicable standard.
    126. A new Sec.  94.912 is added to subpart J to read as follows:


Sec.  94.912  Optional certification to land-based standards for 
auxiliary marine engines.

    (a) If an engine meets all the following criteria, it is exempt 
from the requirements of this part:
    (1) The marine engines must be identical in all material respects 
to a land-based engine covered by a valid certificate of conformity for 
the appropriate model year showing that it meets emission standards for 
engines of that power rating under 40 CFR part 89 or 1039.
    (2) The engines may not be used as propulsion marine engines.
    (3) The engines must have the emission control information label we 
require in 40 CFR 89.110 or 40 CFR 1039.135, including additional 
information to identify the engine as certified also for auxiliary 
marine applications.
    (4) The number of auxiliary marine engines from the engine family 
must be smaller than the number of land-based engines from the engine 
family.
    (5) In your application for certification, you must identify your 
plans to produce engines for both land-based and auxiliary marine 
applications, including projected sales of marine engines. If the 
projected marine sales are substantial, we may ask for the year-end 
report of production volumes to include actual auxiliary marine engine 
sales.
    (b) The only requirements or prohibitions from this part that apply 
to an engine that is exempt under this section are in this section.
    (c) If your engines do not meet the criteria listed in paragraph 
(a) of this section, they will be subject to all the requirements and 
prohibitions of this part. Introducing these engines into commerce 
without a valid exemption or certificate of conformity violates the 
prohibitions in Sec.  94.1103.
    (d) Engines exempted under this section are subject to all the 
requirements affecting engines under 40 CFR part 89 or 1039. The 
requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone 
manufacturing these engines, anyone manufacturing equipment that uses 
these engines, and all other persons in the same manner as if these 
were land-based nonroad diesel engines.
    (e) If you produce marine engines under the provisions of this 
section, include them in your emission-credit calculations in 40 CFR 
part 89 or 1039, as applicable. Do not count these marine engines in 
emission-credit calculations under 40 CFR part 94.
    (f) The requirements for vessel manufacturers, owners, and 
operators in subpart K of this part apply to these engines whether they 
are certified under this part 94 or another part as allowed by this 
section.
    127. Section 94.1001 is revised to read as follows:


Sec.  94.1001  Applicability.

    The requirements of this subpart are applicable to manufacturers, 
owners, and operators of marine vessels that contain engines with per-
cylinder displacement of at least 2.5 liters subject to the provisions 
of subpart A of this part, except as otherwise specified.
    128. Section 94.1103 is amended by redesignating (b)(3)(iv) as 
(b)(3)(vii), revising paragraph (b)(3)(ii) and (b)(3)(iii), and adding 
paragraphs (b)(3)(iv) and (b)(3)(viii) to read as follows:


Sec.  94.1103  Prohibited acts.

* * * * *
    (b) * * *
    (3) * * *
    (ii) The engine manufacturer or its agent takes ownership and 
possession of the engine being replaced or confirms that the engine has 
been destroyed; and
    (iii) If the engine being replaced was not certified to any 
emission standards under this part, the replacement engine must have a 
permanent label with your corporate name and trademark and the 
following language, or similar alternate language approved by the 
Administrator:
    THIS ENGINE DOES NOT COMPLY WITH U.S. EPA MARINE EMISSION 
REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER 
THAN TO REPLACE A MARINE ENGINE BUILT BEFORE

[[Page 54885]]

JANUARY 1, [Insert appropriate year reflecting when the earliest tier 
of standards began to apply to engines of that size and type] MAY BE A 
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
    (iv) If the engine being replaced was certified to emission 
standards less stringent than those in effect when you produce the 
replacement engine, the replacement engine must have a permanent label 
with your corporate name and trademark and the following language, or 
similar alternate language approved by the Administrator:
    THIS ENGINE COMPLIES WITH U.S. EPA MARINE EMISSION REQUIREMENTS 
UNDER THE PROVISIONS OF 40 CFR 94.1103(b)(3). SELLING OR INSTALLING 
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A MARINE ENGINE BUILT 
BEFORE JANUARY 1, [Insert appropriate year reflecting when the next 
tier of emission standards began to apply] MAY BE A VIOLATION OF 
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
    (viii) The provisions of this section may not be used to circumvent 
emission standards that apply to new engines under this part.
    129. Section 94.1106 is amended by revising the introductory text 
and paragraphs (a)(1), (a)(2), (c)(1), and (d) to read as follows:


Sec.  94.1106  Penalties.

    This section specifies actions that are prohibited and the maximum 
civil penalties that we can assess for each violation. The maximum 
penalty values listed in paragraphs (a) and (c) of this section are 
shown for calendar year 2004. As described in paragraph (d) of this 
section, maximum penalty limits for later years are set forth in 40 CFR 
part 19.
    (a) * * *
    (1) A person who violates Sec.  94.1103(a)(1), (a)(4), (a)(5), 
(a)(6), or (a)(7)(iv) or a manufacturer or dealer who violates Sec.  
94.1103(a)(3)(i) or (iii) or Sec.  94.1103(a)(7) is subject to a civil 
penalty of not more than $32,500 for each violation.
    (2) A person other than a manufacturer or dealer who violates Sec.  
94.1103(a)(3)(i) or (iii) or Sec.  94.1103(a)(7)(i), (ii), or (iii) or 
any person who violates Sec.  94.1103(a)(3)(ii) is subject to a civil 
penalty of not more than $2,750 for each violation.
* * * * *
    (c) * * *
    (1) Administrative penalty authority. Subject to 42 U.S.C. 7524(c), 
in lieu of commencing a civil action under paragraph (b) of this 
section, the Administrator may assess any civil penalty prescribed in 
paragraph (a) of this section, except that the maximum amount of 
penalty sought against each violator in a penalty assessment proceeding 
shall not exceed $270,000, unless the Administrator and the Attorney 
General jointly determine that a matter involving a larger penalty 
amount is appropriate for administrative penalty assessment. Any such 
determination by the Administrator and the Attorney General is not 
subject to judicial review. Assessment of a civil penalty shall be by 
an order made on the record after opportunity for a hearing held in 
accordance with the procedures found at part 22 of this chapter. The 
Administrator may compromise, or remit, with or without conditions, any 
administrative penalty which may be imposed under this section.
* * * * *
    (d) The maximum penalty values listed in paragraphs (a) and (c) of 
this section are shown for calendar year 2004. Maximum penalty limits 
for later years may be adjusted based on the Consumer Price Index. The 
specific regulatory provisions for changing the maximum penalties, 
published in 40 CFR part 19, reference the applicable U.S. Code 
citation on which the prohibited action is based.

PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 
COMPRESSION-IGNITION ENGINES

    130. The authority citation for part 1039 is revised to read as 
follows:

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

    131. Section 1039.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  1039.1  Does this part apply for my engines?

* * * * *
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes 
certain engines used in stationary applications. These engines are not 
required to comply with this part, except for the requirements in Sec.  
1039.20. In addition, if these engines are uncertified, the 
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
* * * * *
    132. Section 1039.5 is amended by revising paragraphs (b)(1)(iii) 
and (b)(2) to read as follows:


Sec.  1039.5  Which engines are excluded from this part's requirements?

* * * * *
    (b) Marine engines. (1) * * *
    (iii) Engines that are exempt from the standards of 40 CFR part 94 
pursuant to the provisions of 40 CFR part 94 (except for the provisions 
of 40 CFR 94.907 or 94.912). For example, an engine that is exempt 
under 40 CFR 94.906 because it is a manufacturer-owned engine is not 
subject to the provisions of this part 1039.
* * * * *
    (2) Marine engines are subject to the provisions of this part 1039 
if they are exempt from 40 CFR part 94 based on the engine-dressing 
provisions of 40 CFR 94.907 or the common-family provisions of 40 CFR 
94.912.
* * * * *
    133. Section 1039.10 is amended by revising the introductory text 
to read as follows:


Sec.  1039.10  How is this part organized?

    The regulations in this part 1039 contain provisions that affect 
both engine manufacturers and others. However, the requirements of this 
part are generally addressed to the engine manufacturer. The term 
``you'' generally means the engine manufacturer, as defined in Sec.  
1039.801. This part 1039 is divided into the following subparts:
* * * * *
    134. Section 1039.104 is amended by revising paragraph (a)(4)(iii) 
to read as follows:


Sec.  1039.104  Are there interim provisions that apply only for a 
limited time?

* * * * *
    (a) * * *
    (4) * * *
    (iii) All other offset-using engines must meet the standards and 
other provisions that apply in model year 2011 for engines in the 19-
130 kW power categories, in model year 2010 for engines in the 130-560 
kW power category, or in model year 2014 for engines above 560 kW. Show 
that engines meet these emission standards by meeting all the 
requirements of Sec.  1068.265. You must meet the labeling requirements 
in Sec.  1039.135, but add the following statement instead of the 
compliance statement in Sec.  1039.135(c)(12): ``THIS ENGINE MEETS U.S. 
EPA EMISSION STANDARDS UNDER 40 CFR 1039.104(a).'' For power categories 
with a percentage phase-in, these engines should be treated as phase-in 
engines for purposes of determining compliance with phase-in 
requirements.
* * * * *
    135. Section 1039.125 is amended by revising paragraph (g) 
introductory text to read as follows:

[[Page 54886]]

Sec.  1039.125  What maintenance instructions must I give to buyers?

* * * * *
    (g) Payment for scheduled maintenance. Owners are responsible for 
properly maintaining their engines. This generally includes paying for 
scheduled maintenance. However, manufacturers must pay for scheduled 
maintenance during the useful life if it meets all the following 
criteria:
* * * * *
    136. Section 1039.130 is amended by revising paragraph (b)(3) to 
read as follows:


Sec.  1039.130  What installation instructions must I give to equipment 
manufacturers?

* * * * *
    (b) * * *
    (3) Describe the instructions needed to properly install the 
exhaust system and any other components. Include instructions 
consistent with the requirements of Sec.  1039.205(u).
* * * * *
    137. Section 1039.225 is amended by revising the section heading 
and adding paragraphs (a)(3) and (f) to read as follows:


Sec.  1039.225  How do I amend my application for certification to 
include new or modified engines or to change an FEL?

* * * * *
    (a) * * *
    (3) Modify an FEL for an engine family, as described in paragraph 
(f) of this section.
* * * * *
    (f) You may ask to change your FEL in the following cases:
    (1) You may ask to raise your FEL after the start of production. 
You may not apply the higher FEL to engines you have already introduced 
into commerce. Use the appropriate FELs with corresponding sales 
volumes to calculate your average emission level, as described in 
subpart H of this part. In your request, you must demonstrate that you 
will still be able to comply with the applicable average emission 
standards as specified in subparts B and H of this part.
    (2) You may ask to lower the FEL for your engine family after the 
start of production only when you have test data from production 
engines indicating that your engines comply with the lower FEL. You may 
create a separate subfamily with the lower FEL. Otherwise, you must use 
the higher FEL for the family to calculate your average emission level 
under subpart H of this part.
    (3) If you change the FEL during production, you must include the 
new FEL on the emission control information label for all vehicles 
produced after the change.
    138. Section 1039.240 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec.  1039.240  How do I demonstrate that my engine family complies 
with exhaust emission standards?

    (a) For purposes of certification, your engine family is considered 
in compliance with the applicable numerical emission standards in Sec.  
1039.101(a) and (b), Sec.  1039.102(a) and (b), Sec.  1039.104, or 
Sec.  1039.105 if all emission-data engines representing that family 
have test results showing deteriorated emission levels at or below 
these standards. (Note: if you participate in the ABT program in 
subpart H of this part, your FELs are considered to be the applicable 
emission standards with which you must comply.)
    (b) Your engine family is deemed not to comply if any emission-data 
engine representing that family has test results showing a deteriorated 
emission level above an applicable FEL or emission standard from Sec.  
1039.101, Sec.  1039.102, Sec.  1039.104, or Sec.  1039.105 for any 
pollutant.
* * * * *


Sec.  1039.510  [Amended]

    139. Section 1039.510 is amended by removing paragraphs (c) and 
(d).
    140. Section 1039.605 is amended by revising the section heading 
and adding paragraph (g) to read as follows:


Sec.  1039.605  What provisions apply to engines certified under the 
motor-vehicle program?

* * * * *
    (g) Participation in averaging, banking and trading. Engines 
adapted for nonroad use under this section may not generate or use 
emission credits under this part 1039. These engines may generate 
credits under the ABT provisions in 40 CFR part 86. These engines must 
use emission credits under 40 CFR part 86 if they are certified to an 
FEL that exceeds an applicable standard under 40 CFR part 86.
    141. Section 1039.610 is amended by revising the section heading 
and adding paragraph (g) to read as follows:


Sec.  1039.610  What provisions apply to vehicles certified under the 
motor-vehicle program?

* * * * *
    (g) Participation in averaging, banking and trading. Vehicles 
adapted for nonroad use under this section may not generate or use 
emission credits under this part 1039. These vehicles may generate 
credits under the ABT provisions in 40 CFR part 86. These vehicles must 
be included in the calculation of the applicable fleet average in 40 
CFR part 86.
    142. Section 1039.625 is amended by revising paragraph (j) to read 
as follows:


Sec.  1039.625  What requirements apply under the program for 
equipment-manufacturer flexibility?

* * * * *
    (j) Provisions for engine manufacturers. As an engine manufacturer, 
you may produce exempted engines as needed under this section. You do 
not have to request this exemption for your engines, but you must have 
written assurance from equipment manufacturers that they need a certain 
number of exempted engines under this section. Send us an annual report 
of the engines you produce under this section, as described in Sec.  
1039.250(a). For engines produced under the provisions of paragraph 
(a)(2) of this section, you must certify the engines under this part 
1039. For all other exempt engines, the engines must meet the emission 
standards in paragraph (e) of this section and you must meet all the 
requirements of Sec.  1068.265. If you show under Sec.  1068.265(c) 
that the engines are identical in all material respects to engines that 
you have previously certified to one or more FELs above the standards 
specified in paragraph (e) of this section, you must supply sufficient 
credits for these engines. Calculate these credits under subpart H of 
this part using the previously certified FELs and the alternate 
standards. You must meet the labeling requirements in 40 CFR 89.110, 
but add the following statement instead of the compliance statement in 
40 CFR 89.110(b)(10):
    THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR 
1039.625. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN 
FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 1039.625 MAY BE A 
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
    143. Section 1039.655 is amended by revising paragraph (a)(3) to 
read as follows:


Sec.  1039.655  What special provisions apply to engines sold in Guam, 
American Samoa, or the Commonwealth of the Northern Mariana Islands?

    (a) * * *
    (3) You meet all the requirements of Sec.  1068.265.
* * * * *

[[Page 54887]]

    144. Section 1039.705 amended by adding text to paragraph (c)(4) to 
read as follows:


Sec.  1039.705  How do I generate and calculate emission credits?

* * * * *
    (c) * * *
    (4) Engines for which the location of first retail sale is in a 
state that has applicable emission regulations for that model year. For 
example, you may not include engines sold in California if it has 
emission standards for these engines, and you may not include engines 
sold in other states that adopt California's emission standards under 
Clean Air Act section 209(e)(2)(B).
* * * * *
    145. Section 1039.740 amended by adding paragraph (b)(4) to read as 
follows:


Sec.  1039.740  What restrictions apply for using emission credits?

* * * * *
    (b) * * *
    (4) If the maximum power of an engine generating credits under the 
Tier 2 standards in 40 CFR part 89 is at or above 37 kW and below 75 
kW, you may use those credits for certifying engines under the Option 
1 standards in Sec.  1039.102.
* * * * *
    146. Section 1039.801 is amended by revising the definitions for 
Aftertreatment, Brake power, Constant-speed operation, Exempted, Good 
engineering judgment, Marine engine, Marine vessel, Motor vehicle, 
Revoke, Suspend, United States, and Void and adding a definition for 
Amphibious vehicle to read as follows:


Sec.  1039.801  What definitions apply to this part?

* * * * *
    Aftertreatment means relating to a catalytic converter, particulate 
filter, or any other system, component, or technology mounted 
downstream of the exhaust valve (or exhaust port) whose design function 
is to decrease emissions in the engine exhaust before it is exhausted 
to the environment. Exhaust-gas recirculation (EGR) and turbochargers 
are not aftertreatment.
* * * * *
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
* * * * *
    Brake power means the usable power output of the engine, not 
including power required to fuel, lubricate, or heat the engine, 
circulate coolant to the engine, or to operate aftertreatment devices.
* * * * *
    Constant-speed operation means engine operation with a governor 
that controls the operator input to maintain an engine at a reference 
speed, even under changing load. For example, an isochronous governor 
changes reference speed temporarily during a load change, then returns 
the engine to its original reference speed after the engine stabilizes. 
Isochronous governors typically allow speed changes up to 1.0%. Another 
example is a speed-droop governor, which has a fixed reference speed at 
zero load and allows the reference speed to decrease as load increases. 
With speed-droop governors, speed typically decreases (3 to 10)% below 
the reference speed at zero load, such that the minimum reference speed 
occurs near the engine's point of maximum power.
* * * * *
    Exempted has the meaning we give in 40 CFR 1068.30.
* * * * *
    Good engineering judgment has the meaning we give in 40 CFR 
1068.30. See 40 CFR 1068.5 for the administrative process we use to 
evaluate good engineering judgment.
* * * * *
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
marine engine only if its fueling, cooling, or exhaust system is an 
integral part of the vessel. There are two kinds of marine engines:
    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
* * * * *
    Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In 
general, motor vehicle means any vehicle that EPA deems to be capable 
of safe and practical use on streets or highways that has a maximum 
ground speed above 40 kilometers per hour (25 miles per hour) over 
level, paved surfaces.
* * * * *
    Revoke has the meaning we give in 40 CFR 1068.30.
* * * * *
    Suspend has the meaning we give in 40 CFR 1068.30.
* * * * *
    United States has the meaning we give in 40 CFR 1068.30.
* * * * *
    Void has the meaning we give in 40 CFR 1068.30.
* * * * *

PART 1048--CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-
IGNITION ENGINES

    147. The authority citation for part 1048 is revised to read as 
follows:

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

    148. The heading for subpart A is revised to read as follows:

Subpart A--Overview and Applicability

    149. Section 1048.1 is revised to read as follows:


Sec.  1048.1  Does this part apply to me?

    (a) The regulations in this part 1048 apply for all new, spark-
ignition nonroad engines (defined in Sec.  1048.801) with maximum 
engine power above 19 kW, except as provided in Sec.  1048.5.
    (b) This part 1048 applies for engines built on or after January 1, 
2004. You need not follow this part for engines you produce before 
January 1, 2004. See Sec. Sec.  1048.101 through 1048.115, Sec.  
1048.145, and the definition of model year in Sec.  1048.801 for more 
information about the timing of new requirements.
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes 
certain engines used in stationary applications. These engines are not 
required to comply with this part, except for the requirements in Sec.  
1048.20. In addition, if these engines are uncertified, the 
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
    (d) In certain cases, the regulations in this part 1048 apply to 
engines with maximum engine power at or below 19 kW that would 
otherwise be covered by 40 CFR part 90. See 40 CFR 90.913 for 
provisions related to this allowance.
    150. Section 1048.5 is revised to read as follows:


Sec.  1048.5  Which engines are excluded from this part's requirements?

    This part does not apply to the following nonroad engines:
    (a) Engines that are certified to meet the requirements of 40 CFR 
part 1051, or are otherwise subject to 40 CFR part 1051 (for example, 
engines used in snowmobiles and all-terrain vehicles).
    (b) Propulsion marine engines. See 40 CFR part 91. This part 
applies with respect to auxiliary marine engines.

[[Page 54888]]

    151. Section 1048.10 is revised to read as follows:


Sec.  1048.10  How is this part organized?

    The regulations in this part 1048 contain provisions that affect 
both engine manufacturers and others. However, the requirements of this 
part are generally addressed to the engine manufacturer. The term 
``you'' generally means the engine manufacturer, as defined in Sec.  
1048.801. This part 1048 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of part 1048 
and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and 
other requirements that must be met to certify engines under this part. 
Note that Sec.  1048.145 discusses certain interim requirements and 
compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate 
of conformity.
    (d) Subpart D of this part describes general provisions for testing 
production-line engines.
    (e) Subpart E of this part describes general provisions for testing 
in-use engines.
    (f) Subpart F of this part describes how to test your engines 
(including references to other parts of the Code of Federal 
Regulations).
    (g) Subpart G of this part and 40 CFR part 1068 describe 
requirements, prohibitions, and other provisions that apply to engine 
manufacturers, equipment manufacturers, owners, operators, rebuilders, 
and all others.
    (h) [Reserved]
    (i) Subpart I of this part contains definitions and other reference 
information.
    152. Section 1048.15 is revised to read as follows:


Sec.  1048.15  Do any other regulation parts affect me?

    (a) Part 1065 of this chapter describes procedures and equipment 
specifications for testing engines. Subpart F of this part 1048 
describes how to apply the provisions of part 1065 of this chapter to 
determine whether engines meet the emission standards in this part.
    (b) The requirements and prohibitions of part 1068 of this chapter 
apply to everyone, including anyone who manufactures, imports, 
installs, owns, operates, or rebuilds any of the engines subject to 
this part 1048, or equipment containing these engines. Part 1068 of 
this chapter describes general provisions, including these seven areas:
    (1) Prohibited acts and penalties for engine manufacturers, 
equipment manufacturers, and others.
    (2) Rebuilding and other aftermarket changes.
    (3) Exclusions and exemptions for certain engines.
    (4) Importing engines.
    (5) Selective enforcement audits of your production.
    (6) Defect reporting and recall.
    (7) Procedures for hearings.
    (c) Other parts of this chapter apply if referenced in this part.
    153. Section 1048.20 is revised to read as follows:


Sec.  1048.20  What requirements from this part apply to excluded 
stationary engines?

    (a) You must add a permanent label or tag to each new engine you 
produce or import that is excluded under Sec.  1048.1(c) as a 
stationary engine. To meet labeling requirements, you must do the 
following things:
    (1) Attach the label or tag in one piece so no one can remove it 
without destroying or defacing it.
    (2) Secure it to a part of the engine needed for normal operation 
and not normally requiring replacement.
    (3) Make sure it is durable and readable for the engine's entire 
life.
    (4) Write it in English.
    (5) Follow the requirements in Sec.  1048.135(g) regarding 
duplicate labels if the engine label is obscured in the final 
installation.
    (b) Engine labels or tags required under this section must have the 
following information:
    (1) Include the heading ``EMISSION CONTROL INFORMATION''.
    (2) Include your full corporate name and trademark. You may instead 
include the full corporate name and trademark of another company you 
choose to designate.
    (3) State the engine displacement (in liters) and maximum engine 
power.
    (4) State: ``THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40 
CFR PART 1048 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING THIS 
ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW 
SUBJECT TO CIVIL PENALTY.''.
    154. Section 1048.101 is amended by revising the introductory text 
and paragraphs (a), (b), (c), (e), (g), and (h) to read as follows:


Sec.  1048.101  What exhaust emission standards must my engines meet?

    The exhaust emission standards of this section apply by model year. 
You may certify engines earlier than we require. The Tier 1 standards 
apply only to steady-state testing, as described in paragraph (b) of 
this section. The Tier 2 standards apply to steady-state, transient, 
and field testing, as described in paragraphs (a), (b), and (c) of this 
section.
    (a) Emission standards for transient testing. Starting in the 2007 
model year, transient exhaust emissions from your engines may not 
exceed the Tier 2 emission standards, as follows:
    (1) Measure emissions using the applicable transient test 
procedures described in subpart F of this part.
    (2) The Tier 2 HC+NOX standard is 2.7 g/kW-hr and the 
Tier 2 CO standard is 4.4 g/kW-hr. For severe-duty engines, the Tier 2 
HC+NOX standard is 2.7 g/kW-hr and the Tier 2 CO standard is 
130.0 g/kW-hr. High-load engines and engines with maximum engine power 
above 560 kW are not subject to the transient standards in this 
paragraph (a).
    (3) You may optionally certify your engines according to the 
following formula instead of the standards in paragraph (a)(1) of this 
section: (HC+NOX) x CO0.784 <= 8.57. The 
HC+NOX and CO emission levels you select to satisfy this 
formula, rounded to the nearest 0.1 g/kW-hr, become the emission 
standards that apply for those engines. You may not select an 
HC+NOX emission standard higher than 2.7 g/kW-hr or a CO 
emission standard higher than 20.6 g/kW-hr. The following table 
illustrates a range of possible values under this paragraph (a)(3):

   Table 1 of Sec.   1048.101.--Examples of Possible Tier 2 Duty-cycle
                           Emission Standards
------------------------------------------------------------------------
         HC+NOX  (g/kW-hr)                      CO  (g/kW-hr)
------------------------------------------------------------------------
                    2.7                                  4.4
                    2.2                                  5.6
                    1.7                                  7.9
                    1.3                                 11.1
                    1.0                                 15.5
                    0.8                                 20.6
------------------------------------------------------------------------

    (b) Standards for steady-state testing. Except as we allow in 
paragraph (d) of this section, steady-state exhaust emissions from your 
engines may not exceed emission standards, as follows:
    (1) Measure emissions using the applicable steady-state test 
procedures described in subpart F of this part:
    (2) The following table shows the Tier 1 exhaust emission standards 
that apply to engines from 2004 through 2006 model years:

[[Page 54889]]



                        Table 2 of Sec.   1048.101.--Tier 1 Emission Standards (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
                                                                     General emission       Alternate emission
                                                                         standards         standards for severe-
                             Testing                             ------------------------      duty engines
                                                                                         -----------------------
                                                                    HC+NOX        CO        HC+NOX        CO
----------------------------------------------------------------------------------------------------------------
Certification and production-line testing.......................         4.0        50.0         4.0       130.0
In-use testing..................................................         5.4        50.0         5.4       130.0
----------------------------------------------------------------------------------------------------------------

    (3) Starting in the 2007 model year, steady-state exhaust emissions 
from your engines may not exceed the numerical emission standards in 
paragraph (a) of this section. See paragraph (d) of this section for 
alternate standards that apply for certain engines.
    (c) Standards for field testing. Starting in 2007, exhaust 
emissions may not exceed field-testing standards, as follows:
    (1) Measure emissions using the field-testing procedures in subpart 
F of this part.
    (2) The HC+NOX standard is 3.8 g/kW-hr and the CO 
standard is 6.5 g/kW-hr. For severe-duty engines, the HC+NOX 
standard is 3.8 g/kW-hr and the CO standard is 200.0 g/kW-hr. For 
natural gas-fueled engines, you are not required to measure nonmethane 
hydrocarbon emissions or total hydrocarbon emissions for testing to 
show that the engine meets the emission standards of this paragraph 
(c); that is, you may assume HC emissions are equal to zero.
    (3) You may apply the following formula to determine alternate 
emission standards that apply to your engines instead of the standards 
in paragraph (c)(1) of this section: (HC+NOX) x CO\0.791\ <= 
16.78. HC+NOX emission levels may not exceed 3.8 g/kW-hr and 
CO emission levels may not exceed 31.0 g/kW-hr. The following table 
illustrates a range of possible values under this paragraph (c)(2):

 Table 3 of Sec.   1048.101.--Examples of Possible Tier 2 Field-testing
                           Emission Standards
------------------------------------------------------------------------
         HC+NOX  (g/kW-hr)                      CO  (g/kW-hr)
------------------------------------------------------------------------
                    3.8                                  6.5
                    3.1                                  8.5
                    2.4                                 11.7
                    1.8                                 16.8
                    1.4                                 23.1
                    1.1                                 31.0
------------------------------------------------------------------------

* * * * *
    (e) Fuel types. The exhaust emission standards in this section 
apply for engines using each type of fuel specified in 40 CFR part 
1065, subpart C, on which the engines in the engine family are designed 
to operate, except for engines certified under Sec.  1048.625. For 
engines certified under Sec.  1048.625, the standards of this section 
apply to emissions measured using the specified test fuel. You must 
meet the numerical emission standards for hydrocarbons in this section 
based on the following types of hydrocarbon emissions for engines 
powered by the following fuels:
    (1) Gasoline- and LPG-fueled engines: THC emissions.
    (2) Natural gas-fueled engines: NMHC emissions.
    (3) Alcohol-fueled engines: THCE emissions.
* * * * *
    (g) Useful life. Your engines must meet the exhaust emission 
standards in paragraphs (a) through (c) of this section over their full 
useful life. The minimum useful life is 5,000 hours of operation or 
seven years, whichever comes first.
    (1) Specify a longer useful life in hours for an engine family 
under either of two conditions:
    (i) If you design, advertise, or market your engine to operate 
longer than the minimum useful life (your recommended hours until 
rebuild may indicate a longer design life).
    (ii) If your basic mechanical warranty is longer than the minimum 
useful life.
    (2) You may request in your application for certification that we 
approve a shorter useful life for an engine family. We may approve a 
shorter useful life, in hours of engine operation but not in years, if 
we determine that these engines will rarely operate longer than the 
shorter useful life. If engines identical to those in the engine family 
have already been produced and are in use, your demonstration must 
include documentation from such in-use engines. In other cases, your 
demonstration must include an engineering analysis of information 
equivalent to such in-use data, such as data from research engines or 
similar engine models that are already in production. Your 
demonstration must also include any overhaul interval that you 
recommend, any mechanical warranty that you offer for the engine or its 
components, and any relevant customer design specifications. Your 
demonstration may include any other relevant information. The useful 
life value may not be shorter than any of the following:
    (i) 1,000 hours of operation.
    (ii) Your recommended overhaul interval.
    (iii) Your mechanical warranty for the engine.
    (h) Applicability for testing. The emission standards in this 
subpart apply to all testing, including certification, production-line, 
and in-use testing. For production-line testing, you must perform duty-
cycle testing as specified in Sec. Sec.  1048.505 and 1048.510. The 
field-testing standards of this section apply for those tests. You need 
not do additional testing of production-line engines to show that your 
engines meet the field-testing standards.
    155. Section 1048.105 is amended by revising the section heading 
and adding introductory text to read as follows:


Sec.  1048.105  What evaporative emission standards and requirements 
apply?

    The requirements of this section apply to all engines that are 
subject to this part, except auxiliary marine engines.
* * * * *
    156. Section 1048.115 is amended by revising the introductory text 
and paragraphs (a), (e), and (g) to read as follows:


Sec.  1048.115  What other requirements must my engines meet?

    Engines subject to this part must meet the following requirements:
    (a) Crankcase emissions. Crankcase emissions may not be discharged 
directly into the ambient atmosphere from any engine, except as 
follows:
    (1) Engines may discharge crankcase emissions to the ambient 
atmosphere if the emissions are added to the exhaust emissions (either 
physically or mathematically) during all emission testing.
    (2) If you take advantage of this exception, you must do the 
following things:

[[Page 54890]]

    (i) Manufacture the engines so that all crankcase emissions can be 
routed into the applicable sampling systems specified in 40 CFR part 
1065.
    (ii) Account for deterioration in crankcase emissions when 
determining exhaust deterioration factors.
    (3) For purposes of this paragraph (a), crankcase emissions that 
are routed to the exhaust upstream of exhaust aftertreatment during all 
operation are not considered to be discharged directly into the ambient 
atmosphere.
* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters 
must meet all the requirements of this part for any adjustment in the 
physically adjustable range. An operating parameter is not considered 
adjustable if you permanently seal it or if it is not normally 
accessible using ordinary tools. We may require that you set adjustable 
parameters to any specification within the adjustable range during any 
testing, including certification testing, selective enforcement 
auditing, or in-use testing.
* * * * *
    (g) Defeat devices. You may not equip your engines with a defeat 
device. A defeat device is an auxiliary emission-control device that 
reduces the effectiveness of emission controls under conditions that 
the engine may reasonably be expected to encounter during normal 
operation and use. This does not apply to auxiliary-emission control 
devices you identify in your certification application if any of the 
following is true:
    (1) The conditions of concern were substantially included in the 
applicable test procedures described in subpart F of this part.
    (2) You show your design is necessary to prevent engine (or 
equipment) damage or accidents.
    (3) The reduced effectiveness applies only to starting the engine.
    157. Section 1048.120 is revised to read as follows:


Sec.  1048.120  What emission-related warranty requirements apply to 
me?

    (a) General requirements. You must warrant to the ultimate 
purchaser and each subsequent purchaser that the new nonroad engine, 
including all parts of its emission-control system, meets two 
conditions:
    (1) It is designed, built, and equipped so it conforms at the time 
of sale to the ultimate purchaser with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may 
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid 
for at least 50 percent of the engine's useful life in hours of 
operation or at least three years, whichever comes first. In the case 
of a high-cost warranted part, the warranty must be valid for at least 
70 percent of the engine's useful life in hours of operation or at 
least five years, whichever comes first. You may offer an emission-
related warranty more generous than we require. The emission-related 
warranty for the engine may not be shorter than any published warranty 
you offer without charge for the engine. Similarly, the emission-
related warranty for any component may not be shorter than any 
published warranty you offer without charge for that component. If you 
provide an extended warranty to individual owners for any components 
covered in paragraph (c) of this section for an additional charge, your 
emission-related warranty must cover those components for those owners 
to the same degree. If an engine has no hour meter, we base the 
warranty periods in this paragraph (b) only on the engine's age (in 
years). The warranty period begins when the engine is placed into 
service.
    (c) Components covered. The emission-related warranty covers all 
components whose failure would increase an engine's emissions of any 
pollutant. This includes components listed in 40 CFR part 1068, 
Appendix I, and components from any other system you develop to control 
emissions. The emission-related warranty covers these components even 
if another company produces the component. Your emission-related 
warranty does not cover components whose failure would not increase an 
engine's emissions of any pollutant.
    (d) Limited applicability. You may deny warranty claims under this 
section if the operator caused the problem through improper maintenance 
or use, as described in 40 CFR 1068.115.
    (e) Owners manual. Describe in the owners manual the emission-
related warranty provisions from this section that apply to the engine.
    158. Section 1048.125 is revised to read as follows:


Sec.  1048.125  What maintenance instructions must I give to buyers?

    Give the ultimate purchaser of each new nonroad engine written 
instructions for properly maintaining and using the engine, including 
the emission-control system. The maintenance instructions also apply to 
service accumulation on your emission-data engines, as described in 40 
CFR part 1065.
    (a) Critical emission-related maintenance. Critical emission-
related maintenance includes any adjustment, cleaning, repair, or 
replacement of critical emission-related components. This may also 
include additional emission-related maintenance that you determine is 
critical if we approve it in advance. You may schedule critical 
emission-related maintenance on these components if you meet the 
following conditions:
    (1) You demonstrate that the maintenance is reasonably likely to be 
done at the recommended intervals on in-use engines. We will accept 
scheduled maintenance as reasonably likely to occur if you satisfy any 
of the following conditions:
    (i) You present data showing that, if a lack of maintenance 
increases emissions, it also unacceptably degrades the engine's 
performance.
    (ii) You present survey data showing that at least 80 percent of 
engines in the field get the maintenance you specify at the recommended 
intervals.
    (iii) You provide the maintenance free of charge and clearly say so 
in maintenance instructions for the customer.
    (iv) You otherwise show us that the maintenance is reasonably 
likely to be done at the recommended intervals.
    (2) You may not schedule critical emission-related maintenance more 
frequently than the following minimum intervals, except as specified in 
paragraphs (a)(3), (b) and (c) of this section:
    (i) For catalysts, fuel injectors, electronic control units, 
superchargers, and turbochargers: the useful life of the engine family.
    (ii) For gaseous fuel-system components (cleaning without 
disassembly only) and oxygen sensors: 2,500 hours.
    (3) If your engine family has an alternate useful life under Sec.  
1048.101(g) that is shorter than the period specified in paragraph 
(a)(2)(ii) of this section, you may not schedule critical emission-
related maintenance more frequently than the alternate useful life, 
except as specified in paragraph (c) of this section.
    (b) Recommended additional maintenance. You may recommend any 
additional amount of maintenance on the components listed in paragraph 
(a) of this section, as long as you state clearly that these 
maintenance steps are not necessary to keep the emission-related 
warranty valid. If operators do the maintenance specified in paragraph 
(a) of this section, but not the recommended additional maintenance, 
this does not allow you to disqualify

[[Page 54891]]

those engines from in-use testing or deny a warranty claim. Do not take 
these maintenance steps during service accumulation on your emission-
data engines.
    (c) Special maintenance. You may specify more frequent maintenance 
to address problems related to special situations, such as substandard 
fuel or atypical engine operation. For example, you may specify more 
frequent cleaning of fuel system components for engines you have reason 
to believe will be using fuel that causes substantially more engine 
performance problems than commercial fuels of the same type that are 
generally available across the United States. You must clearly state 
that this additional maintenance is associated with the special 
situation you are addressing.
    (d) Noncritical emission-related maintenance. You may schedule any 
amount of emission-related inspection or maintenance that is not 
covered by paragraph (a) of this section, as long as you state in the 
owners manual that these steps are not necessary to keep the emission-
related warranty valid. If operators fail to do this maintenance, this 
does not allow you to disqualify those engines from in-use testing or 
deny a warranty claim. Do not take these inspection or maintenance 
steps during service accumulation on your emission-data engines.
    (e) Maintenance that is not emission-related. For maintenance 
unrelated to emission controls, you may schedule any amount of 
inspection or maintenance. You may also take these inspection or 
maintenance steps during service accumulation on your emission-data 
engines, as long as they are reasonable and technologically necessary. 
This might include adding engine oil, changing air, fuel, or oil 
filters, servicing engine-cooling systems, and adjusting idle speed, 
governor, engine bolt torque, valve lash, or injector lash. You may 
perform this nonemission-related maintenance on emission-data engines 
at the least frequent intervals that you recommend to the ultimate 
purchaser (but not the intervals recommended for severe service).
    (f) Source of parts and repairs. State clearly on the first page of 
your written maintenance instructions that a repair shop or person of 
the owner's choosing may maintain, replace, or repair emission-control 
devices and systems. Your instructions may not require components or 
service identified by brand, trade, or corporate name. Also, do not 
directly or indirectly condition your warranty on a requirement that 
the equipment be serviced by your franchised dealers or any other 
service establishments with which you have a commercial relationship. 
You may disregard the requirements in this paragraph (f) if you do one 
of two things:
    (1) Provide a component or service without charge under the 
purchase agreement.
    (2) Get us to waive this prohibition in the public's interest by 
convincing us the engine will work properly only with the identified 
component or service.
    (g) Payment for scheduled maintenance. Owners are responsible for 
properly maintaining their engines. This generally includes paying for 
scheduled maintenance. However, manufacturers must pay for scheduled 
maintenance during the useful life if it meets all the following 
criteria:
    (1) Each affected component was not in general use on similar 
engines before January 1, 2004.
    (2) The primary function of each affected component is to reduce 
emissions.
    (3) The cost of the scheduled maintenance is more than 2 percent of 
the price of the engine.
    (4) Failure to perform the maintenance would not cause clear 
problems that would significantly degrade the engine's performance.
    (h) Owners manual. Explain the owner's responsibility for proper 
maintenance in the owners manual.
    159. Section 1048.130 is amended by revising paragraphs (a), 
(b)(3), (b)(7), and (b)(8); and by adding paragraph (d) to read as 
follows:


Sec.  1048.130  What installation instructions must I give to equipment 
manufacturers?

    (a) If you sell an engine for someone else to install in a piece of 
nonroad equipment, give the engine installer instructions for 
installing it consistent with the requirements of this part. Include 
all information necessary to ensure that an engine will be installed in 
its certified configuration.
    (b)* * *
    (3) Describe the instructions needed to properly install the 
exhaust system and any other components. Include instructions 
consistent with the requirements of Sec.  1048.205(v).
* * * * *
    (7) Describe any other instructions to make sure the installed 
engine will operate according to design specifications in your 
application for certification. This may include, for example, 
instructions for installing aftertreatment devices when installing the 
engines.
    (8) State: ``If you install the engine in a way that makes the 
engine's emission control information label hard to read during normal 
engine maintenance, you must place a duplicate label on the equipment, 
as described in 40 CFR 1068.105.''.
* * * * *
    (d) Provide instructions in writing or in an equivalent format. For 
example, you may post instructions on a publicly available website for 
downloading or printing. If you do not provide the instructions in 
writing, explain in your application for certification how you will 
ensure that each installer is informed of the installation 
requirements.
    160. Section 1048.135 is revised to read as follows:


Sec.  1048.135  How must I label and identify the engines I produce?

    (a) Assign each engine a unique identification number and 
permanently affix, engrave, or stamp it on the engine in a legible way.
    (b) At the time of manufacture, affix a permanent and legible label 
identifying each engine. The label must be--
    (1) Attached in one piece so it is not removable without being 
destroyed or defaced.
    (2) Secured to a part of the engine needed for normal operation and 
not normally requiring replacement.
    (3) Durable and readable for the engine's entire life.
    (4) Written in English.
    (c) The label must--
    (1) Include the heading ``EMISSION CONTROL INFORMATION''.
    (2) Include your full corporate name and trademark. You may 
identify another company and use its trademark instead of yours if you 
comply with the provisions of Sec.  1048.635.
    (3) Include EPA's standardized designation for the engine family 
(and subfamily, where applicable).
    (4) State the engine's displacement (in liters); however, you may 
omit this from the label if all the engines in the engine family have 
the same per-cylinder displacement and total displacement.
    (5) State the date of manufacture [MONTH and YEAR]. You may omit 
this from the label if you keep a record of the engine-manufacture 
dates and provide it to us upon request.
    (6) Identify the emission-control system. Use terms and 
abbreviations consistent with SAE J1930 (incorporated by reference in 
Sec.  1048.810). You may omit this information from the label if there 
is not enough room for it and you put it in the owners manual instead.
    (7) State: ``THIS ENGINE IS CERTIFIED TO OPERATE ON [specify 
operating fuel or fuels].''.

[[Page 54892]]

    (8) Identify any requirements for fuel and lubricants. You may omit 
this information from the label if there is not enough room for it and 
you put it in the owners manual instead.
    (9) List specifications and adjustments for engine tuneups; show 
the proper position for the transmission during tuneup and state which 
accessories should be operating. You may omit this information from the 
label if there is not enough room for it and you put it in the owners 
manual instead.
    (10) State the useful life for your engine family if it has a 
longer useful life under Sec.  1048.101(g)(1) or a shortened useful 
life under Sec.  1048.101(g)(2).
    (11) Identify the emission standards to which you have certified 
the engine.
    (12) State: ``THIS ENGINE COMPLIES WITH U.S. EPA REGULATIONS FOR 
[MODEL YEAR] LARGE NONROAD SI ENGINES.''.
    (13) If your engines are certified only for constant-speed 
operation, state: ``USE IN CONSTANT-SPEED APPLICATIONS ONLY'.
    (14) If your engines are certified only for variable-speed 
operation, state: ``USE IN VARIABLE-SPEED APPLICATIONS ONLY'.
    (15) If your engines are certified only for high-load engines, 
state: ``THIS ENGINE IS NOT INTENDED FOR OPERATION AT LESS THAN 75 
PERCENT OF FULL LOAD.''.
    (16) If you certify your engines under Sec.  1048.101(d) (and show 
in your application for certification that in-use engines will 
experience infrequent high-load operation), state: ``THIS ENGINE IS NOT 
INTENDED FOR OPERATION AT MORE THAN PERCENT OF FULL LOAD.''. Specify 
the appropriate percentage of full load based on the nature of the 
engine protection. You may add other statements to discourage operation 
in engine-protection modes.
    (17) If your engines are certified to the voluntary standards in 
Sec.  1048.140, state: ``BLUE SKY SERIES'.
    (d) You may add information to the emission control information 
label to identify other emission standards that the engine meets or 
does not meet (such as California standards). You may also add other 
information to ensure that the engine will be properly maintained and 
used.
    (e) You may ask us to approve modified labeling requirements in 
this part 1048 if you show that it is necessary or appropriate. We will 
approve your request if your alternate label is consistent with the 
requirements of this part.
    (f) If you obscure the engine label while installing the engine in 
the equipment, you must place a duplicate label on the equipment. If 
others install your engine in their equipment in a way that obscures 
the engine label, we require them to add a duplicate label on the 
equipment (see 40 CFR 1068.105); in that case, give them the number of 
duplicate labels they request and keep the following records for at 
least five years:
    (1) Written documentation of the request from the equipment 
manufacturer.
    (2) The number of duplicate labels you send and the date you sent 
them.
    161. Section 1048.140 is amended by revising paragraph (c) to read 
as follows:


Sec.  1048.140  What are the provisions for certifying Blue Sky Series 
engines?

* * * * *
    (c) For any model year, to receive a certificate of conformity as a 
``Blue Sky Series'' engine family must meet all the requirements in 
this part while certifying to one of the sets of exhaust emission 
standards in the following table:

              Table 1 of Sec.   1048.140--Long-term Standards for Blue Sky Series Engines (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
                                                          Standards for steady-state    Standards
                                                              and transient test       for field-
                                                                  procedures             testing
                          Level                          ----------------------------  procedures        CO
                                                                                     --------------
                                                             HC+NOX          CO          NC+NOX
----------------------------------------------------------------------------------------------------------------
Blue Sky................................................          0.80           4.4          1.10           6.6
Advanced Blue Sky.......................................          0.30           3.0          0.42           4.5
Premium Blue Sky........................................          0.15           3.0          0.21           4.5
----------------------------------------------------------------------------------------------------------------

* * * * *
    162. Section 1048.145 is amended by revising the section heading 
and paragraph (a) and by removing and reserving paragraph (c) to read 
as follows:


Sec.  1048.145  Are there interim provisions that apply only for a 
limited time?

* * * * *
    (a) Family banking. This paragraph (a) allows you to reduce the 
number of engines subject to the Tier 2 standards by certifying some of 
your engines earlier than otherwise required, as follows:
    (1) For early-compliant engines to generate offsets under this 
paragraph (a), you must meet the following general provisions:
    (i) You must begin actual production of early-compliant engines by 
September 1, 2006.
    (ii) Engines you produce after December 31, 2006 may not generate 
offsets.
    (iii) Offset-generating engines must be certified to the Tier 2 
standards and requirements under this part 1048.
    (iv) If you certify engines under the voluntary standards of Sec.  
1048.140, you may not use them in your calculation under this paragraph 
(a).
    (2) For every offset-generating engine certified to the Tier 2 
standards, you may reduce the number of engines with the same maximum 
engine power that are required to meet the Tier 2 standards in later 
model years by one engine. You may calculate power-weighted offsets 
based on actual U.S.-directed sales volumes. For example, if you 
produce a total of 1,000 engines in 2005 and 2006 with an average 
maximum power of 60 kW certified to the Tier 2 standards, you may delay 
certification to that tier of standards for up to 60,000 kW-engine-
years in any of the following ways:
    (i) Delay certification of up to 600 engines with an average 
maximum power of 100 kW for one model year.
    (ii) Delay certification of up to 200 engines with an average 
maximum power of 100 kW for three consecutive model years.
    (iii) Delay certification of up to 400 engines with an average 
maximum power of 100 kW for one model year and up to 50 engines with an 
average maximum power of 200 kW for two model years.
    (3) Offset-using engines (that is, those not required to certify to 
the Tier 2 standards) must be certified to the Tier 1 standards and 
requirements of this part 1048. You may delay compliance for up to 
three model years.
    (4) By January 31 of each year in which you use the provisions of 
this

[[Page 54893]]

paragraph (a), send us a report describing how many offset-generating 
or offset-using engines you produced in the preceding model year.
* * * * *
    163. Section 1048.201 is revised to read as follows:


Sec.  1048.201  What are the general requirements for obtaining a 
certificate of conformity?

    (a) You must send us a separate application for a certificate of 
conformity for each engine family. A certificate of conformity is valid 
from the indicated effective date until December 31 of the model year 
for which it is issued.
    (b) The application must contain all the information required by 
this part and must not include false or incomplete statements or 
information (see Sec.  1048.255).
    (c) We may ask you to include less information than we specify in 
this subpart, as long as you maintain all the information required by 
Sec.  1048.250.
    (d) You must use good engineering judgment for all decisions 
related to your application (see 40 CFR 1068.5).
    (e) An authorized representative of your company must approve and 
sign the application.
    (f) See Sec.  1048.255 for provisions describing how we will 
process your application.
    (g) We may require you to deliver your test engines to a facility 
we designate for our testing (see Sec.  1048.235(c)).
    164. Section 1048.205 is revised to read as follows:


Sec.  1048.205  What must I include in my application?

    This section specifies the information that must be in your 
application, unless we ask you to include less information under Sec.  
1048.201(c). We may require you to provide additional information to 
evaluate your application.
    (a) Describe the engine family's specifications and other basic 
parameters of the engine's design and emission controls. List the fuel 
types on which your engines are designed to operate (for example, 
gasoline and natural gas). List each distinguishable engine 
configuration in the engine family.
    (b) Explain how the emission-control system operates. Describe in 
detail all system components for controlling exhaust emissions, 
including all auxiliary-emission control devices (AECDs) and all fuel-
system components you will install on any production or test engine. 
Describe the evaporative emission controls. Identify the part number of 
each component you describe. For this paragraph (b), treat as separate 
AECDs any devices that modulate or activate differently from each 
other. Include all the following:
    (1) Give a general overview of the engine, the emission-control 
strategies, and all AECDs.
    (2) Describe each AECD's general purpose and function.
    (3) Identify the parameters that each AECD senses (including 
measuring, estimating, calculating, or empirically deriving the 
values). Include equipment-based parameters and state whether you 
simulate them during testing with the applicable procedures.
    (4) Describe the purpose for sensing each parameter.
    (5) Identify the location of each sensor the AECD uses.
    (6) Identify the threshold values for the sensed parameters that 
activate the AECD.
    (7) Describe the parameters that the AECD modulates (controls) in 
response to any sensed parameters, including the range of modulation 
for each parameter, the relationship between the sensed parameters and 
the controlled parameters and how the modulation achieves the AECD's 
stated purpose. Use graphs and tables, as necessary.
    (8) Describe each AECD's specific calibration details. This may be 
in the form of data tables, graphical representations, or some other 
description.
    (9) Describe the hierarchy among the AECDs when multiple AECDs 
sense or modulate the same parameter. Describe whether the strategies 
interact in a comparative or additive manner and identify which AECD 
takes precedence in responding, if applicable.
    (10) Explain the extent to which the AECD is included in the 
applicable test procedures specified in subpart F of this part.
    (11) Do the following additional things for AECDs designed to 
protect engines or equipment:
    (i) Identify the engine and/or equipment design limits that make 
protection necessary and describe any damage that would occur without 
the AECD.
    (ii) Describe how each sensed parameter relates to the protected 
components' design limits or those operating conditions that cause the 
need for protection.
    (iii) Describe the relationship between the design limits/
parameters being protected and the parameters sensed or calculated as 
surrogates for those design limits/parameters, if applicable.
    (iv) Describe how the modulation by the AECD prevents engines and/
or equipment from exceeding design limits.
    (v) Explain why it is necessary to estimate any parameters instead 
of measuring them directly and describe how the AECD calculates the 
estimated value, if applicable.
    (vi) Describe how you calibrate the AECD modulation to activate 
only during conditions related to the stated need to protect components 
and only as needed to sufficiently protect those components in a way 
that minimizes the emission impact.
    (c) Explain how the engine diagnostic system works, describing 
especially the engine conditions (with the corresponding diagnostic 
trouble codes) that cause the malfunction-indicator light to go on. 
Propose what you consider to be extreme conditions under which the 
diagnostic system should disregard trouble codes, as described in Sec.  
1048.110.
    (d) Describe the engines you selected for testing and the reasons 
for selecting them.
    (e) Describe the test equipment and procedures that you used, 
including any special or alternate test procedures you used (see Sec.  
1048.501).
    (f) Describe how you operated the emission-data engine before 
testing, including the duty cycle and the number of engine operating 
hours used to stabilize emission levels. Explain why you selected the 
method of service accumulation. Describe any scheduled maintenance you 
did.
    (g) List the specifications of each test fuel to show that it falls 
within the required ranges we specify in 40 CFR part 1065, subpart H.
    (h) Identify the engine family's useful life.
    (i) Include the maintenance instructions you will give to the 
ultimate purchaser of each new nonroad engine (see Sec.  1048.125).
    (j) Include the emission-related installation instructions you will 
provide if someone else installs your engines in a piece of nonroad 
equipment (see Sec.  1048.130).
    (k) Identify each high-cost warranted part and show us how you 
calculated its replacement cost, including the estimated retail cost of 
the part, labor rates, and labor hours to diagnose and replace 
defective parts.
    (l) Describe your emission control information label (see Sec.  
1048.135).
    (m) Identify the emission standards to which you are certifying 
engines in the engine family.
    (n) Identify the engine family's deterioration factors and describe 
how you developed them (see Sec.  1048.245).

[[Page 54894]]

Present any emission test data you used for this.
    (o) State that you operated your emission-data engines as described 
in the application (including the test procedures, test parameters, and 
test fuels) to show you meet the requirements of this part.
    (p) Present emission data to show that you meet emission standards, 
as follows:
    (1) Present exhaust emission data for HC, NOX, and CO on 
an emission-data engine to show your engines meet the applicable duty-
cycle emission standards we specify in Sec.  1048.101. Show emission 
figures before and after applying adjustment factors for deterioration 
factors for each engine. Include test data for each type of fuel from 
40 CFR part 1065, subpart H, on which you intend for engines in the 
engine family to operate (for example, gasoline, liquefied petroleum 
gas, methanol, or natural gas). If we specify more than one grade of 
any fuel type (for example, a summer grade and winter grade of 
gasoline), you only need to submit test data for one grade, unless the 
regulations of this part specify otherwise for your engine. Note that 
Sec.  1048.235 allows you to submit an application in certain cases 
without new emission data.
    (2) If your engine family includes a volatile liquid fuel (and you 
do not use design-based certification under Sec.  1048.245), present 
evaporative test data to show your vehicles meet the evaporative 
emission standards we specify in subpart B of this part. Show these 
figures before and after applying deterioration factors, where 
applicable.
    (q) State that all the engines in the engine family comply with the 
field-testing emission standards we specify in Sec.  1048.104 for all 
normal operation and use when tested as specified in Sec.  1048.515. 
Describe any relevant testing, engineering analysis, or other 
information in sufficient detail to support your statement.
    (r) For engines with maximum engine power above 560 kW, include 
information showing how your emission controls will function during 
normal in-use transient operation. For example, this might include the 
following:
    (1) Emission data from transient testing of engines using 
measurement systems designed for measuring in-use emissions.
    (2) Comparison of the engine design for controlling transient 
emissions with that from engines for which you have emission data over 
the transient duty cycle for certification.
    (3) Detailed descriptions of control algorithms and other design 
parameters for controlling transient emissions.
    (s) Report all test results, including those from invalid tests or 
from any other tests, whether or not they were conducted according to 
the test procedures of subpart F of this part. If you measure 
CO2, report those emission levels. We may ask you to send 
other information to confirm that your tests were valid under the 
requirements of this part and 40 CFR part 1065.
    (t) Describe all adjustable operating parameters (see Sec.  
1048.115(e)), including production tolerances. Include the following in 
your description of each parameter:
    (1) The nominal or recommended setting.
    (2) The intended physically adjustable range.
    (3) The limits or stops used to establish adjustable ranges.
    (4) Information showing why the limits, stops, or other means of 
inhibiting adjustment are effective in preventing adjustment of 
parameters on in-use engines to settings outside your intended 
physically adjustable ranges.
    (u) Provide the information to read, record, and interpret all the 
information broadcast by an engine's onboard computers and electronic 
control units. State that, upon request, you will give us any hardware, 
software, or tools we would need to do this. If you broadcast a 
surrogate parameter for torque values, you must provide us what we need 
to convert these into torque units. You may reference any appropriate 
publicly released standards that define conventions for these messages 
and parameters. Format your information consistent with publicly 
released standards.
    (v) Confirm that your emission-related installation instructions 
specify how to ensure that sampling of exhaust emissions will be 
possible after engines are installed in equipment and placed in 
service. If this cannot be done by simply adding a 20-centimeter 
extension to the exhaust pipe, show how to sample exhaust emissions in 
a way that prevents diluting the exhaust sample with ambient air.
    (w) State whether your engine will operate in variable-speed 
applications, constant-speed applications, or both. If your 
certification covers only constant-speed or only variable-speed 
applications, describe how you will prevent use of these engines in 
applications for which they are not certified.
    (x) Unconditionally certify that all the engines in the engine 
family comply with the requirements of this part, other referenced 
parts of the CFR, and the Clean Air Act.
    (y) Include estimates of U.S.-directed production volumes.
    (z) Include other applicable information, such as information 
specified in this part or part 1068 of this chapter related to requests 
for exemptions.
    165. Section 1048.210 is revised to read as follows:


Sec.  1048.210  May I get preliminary approval before I complete my 
application?

    If you send us information before you finish the application, we 
will review it and make any appropriate determinations, especially for 
questions related to engine family definitions, auxiliary emission-
control devices, deterioration factors, testing for service 
accumulation, and maintenance. Decisions made under this section are 
considered to be preliminary approval, subject to final review and 
approval. If you request preliminary approval related to the upcoming 
model year or the model year after that, we will make best-efforts to 
make the appropriate determinations as soon as practicable. We will 
generally not provide preliminary approval related to a future model 
year more than two years ahead of time.


1048.215  [Removed]

    166. Section 1048.215 is removed.
    167. Section 1048.220 is revised to read as follows:


Sec.  1048.220  How do I amend the maintenance instructions in my 
application?

    You may amend your emission-related maintenance instructions after 
you submit your application for certification, as long as the amended 
instructions remain consistent with the provisions of Sec.  1048.125. 
You must send the Designated Compliance Officer a request to amend your 
application for certification for an engine family if you want to 
change the emission-related maintenance instructions in a way that 
could affect emissions. In your request, describe the proposed changes 
to the maintenance instructions. We will disapprove your request if we 
determine that the amended instructions are inconsistent with 
maintenance you performed on emission-data engines.
    (a) If you are decreasing the specified maintenance, you may 
distribute the new maintenance instructions to your customers 30 days 
after we receive your request, unless we disapprove your request. We 
may approve a shorter time or waive this requirement.
    (b) If your requested change would not decrease the specified 
maintenance,

[[Page 54895]]

you may distribute the new maintenance instructions anytime after you 
send your request. For example, this paragraph (b) would cover adding 
instructions to increase the frequency of a maintenance step for 
engines in severe-duty applications.
    (c) You need not request approval if you are making only minor 
corrections (such as correcting typographical mistakes), clarifying 
your maintenance instructions, or changing instructions for maintenance 
unrelated to emission control.
    168. Section 1048.225 is revised to read as follows:


Sec.  1048.225  How do I amend my application for certification to 
include new or modified engines?

    Before we issue you a certificate of conformity, you may amend your 
application to include new or modified engine configurations, subject 
to the provisions of this section. After we have issued your 
certificate of conformity, you may send us an amended application 
requesting that we include new or modified engine configurations within 
the scope of the certificate, subject to the provisions of this 
section. You must amend your application if any changes occur with 
respect to any information included in your application.
    (a) You must amend your application before you take either of the 
following actions:
    (1) Add an engine (that is, an additional engine configuration) to 
an engine family. In this case, the engine added must be consistent 
with other engines in the engine family with respect to the criteria 
listed in Sec.  1048.230.
    (2) Change an engine already included in an engine family in a way 
that may affect emissions, or change any of the components you 
described in your application for certification. This includes 
production and design changes that may affect emissions any time during 
the engine's lifetime.
    (b) To amend your application for certification, send the 
Designated Compliance Officer the following information:
    (1) Describe in detail the addition or change in the engine model 
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the 
amended engine family complies with all applicable requirements. You 
may do this by showing that the original emission-data engine is still 
appropriate with respect to showing compliance of the amended family 
with all applicable requirements.
    (3) If the original emission-data engine for the engine family is 
not appropriate to show compliance for the new or modified nonroad 
engine, include new test data showing that the new or modified nonroad 
engine meets the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You 
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of 
conformity, we will determine whether the existing certificate of 
conformity covers your new or modified nonroad engine. You may ask for 
a hearing if we deny your request (see Sec.  1048.820).
    (e) For engine families already covered by a certificate of 
conformity, you may start producing the new or modified nonroad engine 
anytime after you send us your amended application, before we make a 
decision under paragraph (d) of this section. However, if we determine 
that the affected engines do not meet applicable requirements, we will 
notify you to cease production of the engines and may require you to 
recall the engines at no expense to the owner. Choosing to produce 
engines under this paragraph (e) is deemed to be consent to recall all 
engines that we determine do not meet applicable emission standards or 
other requirements and to remedy the nonconformity at no expense to the 
owner. If you do not provide information required under paragraph (c) 
of this section within 30 days, you must stop producing the new or 
modified nonroad engines.
    169. Section 1048.230 is revised to read as follows:


Sec.  1048.230  How do I select engine families?

    (a) Divide your product line into families of engines that are 
expected to have similar emission characteristics throughout the useful 
life. Your engine family is limited to a single model year.
    (b) Group engines in the same engine family if they are the same in 
all of the following aspects:
    (1) The combustion cycle.
    (2) The cooling system (water-cooled vs. air-cooled).
    (3) Configuration of the fuel system (for example, fuel injection 
vs. carburetion).
    (4) Method of air aspiration.
    (5) The number, location, volume, and composition of catalytic 
converters.
    (6) The number, arrangement, and approximate bore diameter of 
cylinders.
    (7) Evaporative emission controls.
    (c) You may subdivide a group of engines that is identical under 
paragraph (b) of this section into different engine families if you 
show the expected emission characteristics are different during the 
useful life.
    (d) You may group engines that are not identical with respect to 
the things listed in paragraph (b) of this section in the same engine 
family if you show that their emission characteristics during the 
useful life will be similar.
    (e) You may create separate families for exhaust emissions and 
evaporative emissions. If we do this, list both families on the 
emission control information label.
    (f) Where necessary, you may divide an engine family into sub-
families to meet different emission standards, as specified in Sec.  
1048.101(a)(2). For issues related to compliance and prohibited 
actions, we will generally apply decisions to the whole engine family. 
For engine labels and other administrative provisions, we may approve 
your request for separate treatment of sub-families.
    170. Section 1048.235 is revised to read as follows:


Sec.  1048.235  What emission testing must I perform for my application 
for a certificate of conformity?

    This section describes the emission testing you must perform to 
show compliance with the emission standards in Sec. Sec.  1048.101 (a) 
and (b) and 1048.105 during certification. See Sec.  1048.205(q) 
regarding emission testing related to the field-testing standards. See 
Sec.  1048.240 and 40 CFR part 1065, subpart E, regarding service 
accumulation before emission testing.
    (a) Test your emission-data engines using the procedures and 
equipment specified in subpart F of this part. For any testing related 
to evaporative emissions, use good engineering judgment to include a 
complete fuel system with the engine.
    (b) Select emission-data engines according to the following 
criteria:
    (1) Exhaust testing. For each fuel type from each engine family, 
select an emission-data engine with a configuration that is most likely 
to exceed the exhaust emission standards, using good engineering 
judgment. Consider the emission levels of all exhaust constituents over 
the full useful life of the engine when operated in a piece of 
equipment.
    (2) Evaporative testing. For each engine family that includes a 
volatile liquid fuel, select a test fuel system with a configuration 
that is most likely to exceed the evaporative emission standards, using 
good engineering judgment.

[[Page 54896]]

    (c) We may measure emissions from any of your test engines or other 
engines from the engine family, as follows:
    (1) We may decide to do the testing at your plant or any other 
facility. If we do this, you must deliver the test engine to a test 
facility we designate. The test engine you provide must include 
appropriate manifolds, aftertreatment devices, electronic control 
units, and other emission-related components not normally attached 
directly to the engine block. If we do the testing at your plant, you 
must schedule it as soon as possible and make available the 
instruments, personnel, and equipment we need.
    (2) If we measure emissions on one of your test engines, the 
results of that testing become the official emission results for the 
engine. Unless we later invalidate these data, we may decide not to 
consider your data in determining if your engine family meets 
applicable requirements.
    (3) Before we test one of your engines, we may set its adjustable 
parameters to any point within the physically adjustable ranges (see 
Sec.  1048.115(e)).
    (4) Before we test one of your engines, we may calibrate it within 
normal production tolerances for anything we do not consider an 
adjustable parameter.
    (d) You may ask to use emission data from a previous model year 
instead of doing new tests, but only if all the following are true:
    (1) The engine family from the previous model year differs from the 
current engine family only with respect to model year.
    (2) The emission-data engine from the previous model year remains 
the appropriate emission-data engine under paragraph (b) of this 
section.
    (3) The data show that the emission-data engine would meet all the 
requirements that apply to the engine family covered by the application 
for certification.
    (e) We may require you to test a second engine of the same or 
different configuration in addition to the engine tested under 
paragraph (b) of this section.
    (f) If you use an alternate test procedure under 40 CFR 1065.10 and 
later testing shows that such testing does not produce results that are 
equivalent to the procedures specified in subpart F of this part, we 
may reject data you generated using the alternate procedure.
    171. Section 1048.240 is revised to read as follows:


Sec.  1048.240  How do I demonstrate that my engine family complies 
with exhaust emission standards?

    (a) For purposes of certification, your engine family is considered 
in compliance with the applicable numerical emission standards in Sec.  
1048.101(a) and (b) if all emission-data engines representing that 
family have test results showing deteriorated emission levels at or 
below these standards.
    (b) Your engine family is deemed not to comply if any emission-data 
engine representing that family has test results showing a deteriorated 
emission level above an applicable emission standard from Sec.  
1048.101 for any pollutant.
    (c) To compare emission levels from the emission-data engine with 
the applicable emission standards, apply deterioration factors to the 
measured emission levels for each pollutant. Specify the deterioration 
factors based on emission measurements using four significant figures, 
consistent with good engineering judgment. For example, your 
deterioration factors must take into account any available data from 
in-use testing with similar engines (see subpart E of this part). 
Small-volume engine manufacturers may use assigned deterioration 
factors that we establish. Apply deterioration factors as follows:
    (1) Multiplicative deterioration factor. For engines that use 
aftertreatment technology, such as catalytic converters, use a 
multiplicative deterioration factor for exhaust emissions. A 
multiplicative deterioration factor is the ratio of exhaust emissions 
at the end of useful life to exhaust emissions at the low-hour test 
point. Adjust the official emission results for each tested engine at 
the selected test point by multiplying the measured emissions by the 
deterioration factor. If the factor is less than one, use one.
    (2) Additive deterioration factor. For engines that do not use 
aftertreatment technology, use an additive deterioration factor for 
exhaust emissions. An additive deterioration factor is the difference 
between exhaust emissions at the end of useful life and exhaust 
emissions at the low-hour test point. Adjust the official emission 
results for each tested engine at the selected test point by adding the 
factor to the measured emissions. If the factor is less than zero, use 
zero.
    (d) Collect emission data using measurements to one more decimal 
place than the applicable standard. Apply the deterioration factor to 
the official emission result, as described in paragraph (c) of this 
section, then round the adjusted figure to the same number of decimal 
places as the emission standard. Compare the rounded emission levels to 
the emission standard for each emission-data engine. In the case of 
HC+NOX standards, apply the deterioration factor to each 
pollutant and then add the results before rounding.
    172. Section 1048.250 is amended by revising paragraphs (a) and (c) 
to read as follows:


Sec.  1048.250  What records must I keep and make available to EPA?

    (a) Organize and maintain the following records:
    (1) A copy of all applications and any summary information you send 
us.
    (2) Any of the information we specify in Sec.  1048.205 that you 
were not required to include in your application.
    (3) A detailed history of each emission-data engine. For each 
engine, describe all of the following:
    (i) The emission-data engine's construction, including its origin 
and buildup, steps you took to ensure that it represents production 
engines, any components you built specially for it, and all the 
components you include in your application for certification.
    (ii) How you accumulated engine operating hours (service 
accumulation), including the dates and the number of hours accumulated.
    (iii) All maintenance, including modifications, parts changes, and 
other service, and the dates and reasons for the maintenance.
    (iv) All your emission tests, including documentation on routine 
and standard tests, as specified in part 40 CFR part 1065, and the date 
and purpose of each test.
    (v) All tests to diagnose engine or emission-control performance, 
giving the date and time of each and the reasons for the test.
    (vi) Any other significant events.
    (4) Production figures for each engine family divided by assembly 
plant.
    (5) Keep a list of engine identification numbers for all the 
engines you produce under each certificate of conformity.
* * * * *
    (c) Store these records in any format and on any media, as long as 
you can promptly send us organized, written records in English if we 
ask for them. You must keep these records readily available. We may 
review them at any time.
* * * * *
    173. Section 1048.255 is revised to read as follows:


Sec.  1048.255  When may EPA deny, revoke, or void my certificate of 
conformity?

    (a) If we determine your application is complete and shows that the 
engine family meets all the requirements of this part and the Act, we 
will issue a certificate of conformity for your engine family for that 
model year. We may make the approval subject to additional conditions.

[[Page 54897]]

    (b) We may deny your application for certification if we determine 
that your engine family fails to comply with emission standards or 
other requirements of this part or the Act. Our decision may be based 
on a review of all information available to us. If we deny your 
application, we will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke 
your certificate if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements.
    (2) Submit false or incomplete information (paragraph (e) of this 
section applies if this is fraudulent).
    (3) Render inaccurate any test data.
    (4) Deny us from completing authorized activities despite our 
presenting a warrant or court order (see 40 CFR 1068.20). This includes 
a failure to provide reasonable assistance.
    (5) Produce engines for importation into the United States at a 
location where local law prohibits us from carrying out authorized 
activities.
    (6) Fail to supply requested information or amend your application 
to include all engines being produced.
    (7) Take any action that otherwise circumvents the intent of the 
Act or this part.
    (d) We may void your certificate if you do not keep the records we 
require or do not give us information when we ask for it.
    (e) We may void your certificate if we find that you intentionally 
submitted false or incomplete information.
    (f) If we deny your application or suspend, revoke, or void your 
certificate, you may ask for a hearing (see Sec.  1048.820).
    174. Section 1048.301 is amended by revising paragraphs (a) and (f) 
to read as follows:


Sec.  1048.301  When must I test my production-line engines?

    (a) If you produce engines that are subject to the requirements of 
this part, you must test them as described in this subpart.
* * * * *
    (f) We may ask you to make a reasonable number of production-line 
engines available for a reasonable time so we can test or inspect them 
for compliance with the requirements of this part. See 40 CFR 1068.27.
    175. Section 1048.305 is amended by revising paragraphs (d)(1), 
(f), and (g) to read as follows:


Sec.  1048.305  How must I prepare and test my production-line engines?

* * * * *
    (d) * * *
    (1) We may adjust or require you to adjust idle speed outside the 
physically adjustable range as needed only until the engine has 
stabilized emission levels (see paragraph (e) of this section). We may 
ask you for information needed to establish an alternate minimum idle 
speed.
* * * * *
    (f) Damage during shipment. If shipping an engine to a remote 
facility for production-line testing makes necessary an adjustment or 
repair, you must wait until after the initial emission test to do this 
work. We may waive this requirement if the test would be impossible or 
unsafe, or if it would permanently damage the engine. Report to us, in 
your written report under Sec.  1048.345, all adjustments or repairs 
you make on test engines before each test.
    (g) Retesting after invalid tests. You may retest an engine if you 
determine an emission test is invalid under subpart F of this part. 
Explain in your written report reasons for invalidating any test and 
the emission results from all tests. If you retest an engine and, 
within ten days after testing, ask to substitute results of the new 
tests for the original ones, we will answer within ten days after we 
receive your information.
    176. Section 1048.310 is amended by revising paragraphs (c) 
introductory text, (c)(2), (g), and (i) to read as follows:


Sec.  1048.310  How must I select engines for production-line testing?

* * * * *
    (c) Calculate the required sample size for each engine family. 
Separately calculate this figure for HC+NOX and for CO. The 
required sample size is the greater of these two calculated values. Use 
the following equation:

[GRAPHIC] [TIFF OMITTED] TP10SE04.001


Where:

N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the 
number of tests completed, n, as specified in the table in paragraph 
(c)(1) of this section. It defines 95% confidence intervals for a one-
tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard.
[sigma] = Test sample standard deviation (see paragraph (c)(2) of this 
section).
n = The number of tests completed in an engine family.
* * * * *
    (2) Calculate the standard deviation, [sigma], for the test sample 
using the following formula:

[GRAPHIC] [TIFF OMITTED] TP10SE04.002

Where:

Xi = Emission test result for an individual engine.
* * * * *
    (g) Continue testing any engine family for which the sample mean, 
x, is greater than the emission standard. This applies if the sample 
mean for either HC+NOX or for CO is greater than the 
emission standard. Continue testing until one of the following things 
happens:
    (1) The number of tests completed in an engine family, n, is 
greater than the required sample size, N, and the sample mean, x, is 
less than or equal to the emission standard. For example, if N = 3.1 
after the third test, the sample-size calculation does not allow you to 
stop testing.
    (2) The engine family does not comply according to Sec.  1048.315.
    (3) You test 30 engines from the engine family.
    (4) You test eight engines and one percent of your projected annual 
U.S.-directed production volume for the engine family.
    (5) You choose to declare that the engine family does not comply 
with the requirements of this subpart.
* * * * *
    (i) You may elect to test more randomly chosen engines than we 
require under this section. Include these engines in the sample-size 
calculations.
    177. Section 1048.325 is amended by revising paragraph (d) to read 
as follows:


Sec.  1048.325  What happens if an engine family fails the production-
line requirements?

* * * * *
    (d) Section 1048.335 specifies steps you must take to remedy the 
cause of the engine family's production-line failure. All the engines 
you have produced since the end of the last test period are presumed 
noncompliant and should be addressed in your proposed remedy. We may 
require you to apply the remedy to engines produced earlier if we 
determine that the cause of the failure is likely to have affected the 
earlier engines.
    178. Section 1048.350 is amended by revising paragraph (a) to read 
as follows:

[[Page 54898]]

Sec.  1048.350  What records must I keep?

    (a) Organize and maintain your records as described in this 
section. We may review your records at any time.
* * * * *
    179. Section 1048.425 is amended by revising paragraph (a) to read 
as follows:


Sec.  1048.425  What records must I keep?

    (a) Organize and maintain your records as described in this 
section. We may review your records at any time.
* * * * *
    180. Section 1048.501 is revised to read as follows:


Sec.  1048.501  How do I run a valid emission test?

    (a) Use the equipment and procedures for spark-ignition engines in 
40 CFR part 1065 to determine whether engines meet the duty-cycle 
emission standards in Sec.  1048.101(a) and (b). Measure the emissions 
of all the pollutants we regulate in Sec.  1048.101 using the full-flow 
or partial-flow dilute sampling procedures as specified in 40 CFR part 
1065. Use the applicable duty cycles specified in Sec. Sec.  1048.505 
and 1048.510.
    (b) Section 1048.515 describes the supplemental procedures for 
evaluating whether engines meet the field-testing emission standards in 
Sec.  1048.101(c).
    (c) Use the fuels specified in 40 CFR part 1065, subpart C, to 
perform valid tests for all the testing we require in this part, except 
as noted in Sec.  1048.515. For service accumulation, use the test fuel 
or any commercially available fuel that is representative of the fuel 
that in-use engines will use.
    (d) To test engines for evaporative emissions, use the equipment 
and procedures specified for testing diurnal emissions in 40 CFR 
86.107-96 and 86.133-96 with fuel meeting the specifications in 40 CFR 
part 1065, subpart C. Measure emissions from a test engine with a 
complete fuel system. Reported emission levels must be based on the 
highest emissions from three successive 24-hour periods of cycling 
temperatures. Note that you may omit testing for evaporative emissions 
during certification if you certify by design, as specified in Sec.  
1048.245.
    (e) You may use special or alternate procedures to the extent we 
allow them under 40 CFR 1065.10.
    (f) This subpart is addressed to you as a manufacturer, but it 
applies equally to anyone who does testing for you, and to us when we 
perform testing to determine if your engines meet emission standards.
    181. Section 1048.505 is revised to read as follows:


Sec.  1048.505  How do I test engines using steady-state duty cycles, 
including ramped-modal testing?

    This section describes how to test engines under steady-state 
conditions. In some cases, we allow you to choose the appropriate 
steady-state duty cycle for an engine. In these cases, you must use the 
duty cycle you select in your application for certification for all 
testing you perform for that engine family. If we test your engines to 
confirm that they meet emission standards, we will use the duty cycles 
you select for your own testing. We may also perform other testing as 
allowed by the Clean Air Act.
    (a) You may perform steady-state testing with either discrete-mode 
or ramped-modal cycles, as follows:
    (1) For discrete-mode testing, sample emissions separately for each 
mode, then calculate an average emission level for the whole cycle 
using the weighting factors specified for each mode. Calculate cycle 
statistics for the sequence of modes and compare with the specified 
values in 40 CFR part 1065 to confirm that the test is valid. Operate 
the engine and sampling system as follows:
    (i) Engines with NOX aftertreatment. For engines that 
depend on aftertreatment to meet the NOX emission standard, 
operate the engine for 5-6 minutes, then sample emissions for 1-3 
minutes in each mode.
    (ii) Engines without NOX aftertreatment. For other 
engines, operate the engine for at least 5 minutes, then sample 
emissions for at least 1 minute in each mode. Calculate cycle 
statistics for the sequence of modes and compare with the specified 
values in 40 CFR part 1065 to confirm that the test is valid.
    (2) For ramped-modal testing, start sampling at the beginning of 
the first mode and continue sampling until the end of the last mode. 
Calculate emissions and cycle statistics the same as for transient 
testing.
    (b) Measure emissions by testing the engine on a dynamometer with 
one or more of the following sets of duty cycles to determine whether 
it meets the steady-state emission standards in Sec.  1048.101(b):
    (1) For engines from an engine family that will be used only in 
variable-speed applications, use one of the following duty cycles:
    (i) The following duty cycle applies for discrete-mode testing:

                       Table 1 of Sec.   1048.505
------------------------------------------------------------------------
                                                  Minimum
  C2 mode                            Observed     time in     Weighting
   number      Engine speed \1\     torque \2\      mode       factors
                                                 (minutes)
------------------------------------------------------------------------
1..........  Maximum test speed..           25          3.0         0.06
2..........  Intermediate test             100          3.0         0.02
              speed.
3..........  Intermediate test              75          3.0         0.05
              speed.
4..........  Intermediate test              50          3.0         0.32
              speed.
5..........  Intermediate test              25          3.0         0.30
              speed.
6..........  Intermediate test              10          3.0         0.10
              speed.
7..........  Idle................            0          3.0        0.15
------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the given
  engine speed.

    (ii) The following duty cycle applies for ramped-modal testing:

[[Page 54899]]



                                           Table 2 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                       Time in
              RMC mode                   mode          Engine speed 1, 2             Torque  (percent) 2, 3
                                      (seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................          119  Warm Idle..................  0
1b Transition......................           20  Linear Transition..........  Linear Transition
2a Steady-state....................           29  Intermediate Speed.........  100
2b Transition......................           20  Intermediate Speed.........  Linear Transition
3a Steady-state....................          150  Intermediate Speed.........  10
3b Transition......................           20  Intermediate Speed.........  Linear Transition
4a Steady-state....................           80  Intermediate Speed.........  75
4b Transition......................           20  Intermediate Speed.........  Linear Transition
5a Steady-state....................          513  Intermediate Speed.........  25
5b Transition......................           20  Intermediate Speed.........  Linear Transition
6a Steady-state....................          549  Intermediate Speed.........  50
5b Transition......................           20  Linear Transition..........  Linear Transition
6a Steady-state....................           96  Maximum test speed.........  25
6b Transition......................           20  Linear Transition..........  Linear Transition
7 Steady-state.....................          124  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 torque setting of the current mode to the torque setting of the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

    (2) For engines from an engine family that will be used only at a 
single, rated speed, use one of the following duty cycles:
    (i) The following duty cycle applies for discrete-mode testing:

                       Table 3 of Sec.   1048.505
------------------------------------------------------------------------
                                                  Minimum
   D2 mode                                        time in     Weighting
    number        Engine speed      Torque \1\      mode       factors
                                                 (minutes)
------------------------------------------------------------------------
1............  Maximum test......          100          3.0         0.05
2............  Maximum test......           75          3.0         0.25
3............  Maximum test......           50          3.0         0.30
4............  Maximum test......           25          3.0         0.30
5............  Maximum test......           10          3.0        0.10
------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum torque at maximum test
  speed.

    (ii) The following duty cycle applies for ramped-modal testing:

                                           Table 4 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                       Time in
              RMC mode                   mode             Engine speed               Torque (percent) 1, 2
                                      (seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................           53  Engine Governed............  100
1b Transition......................           20  Engine Governed............  Linear transition
2a Steady-state....................          101  Engine Governed............  10
2b Transition......................           20  Engine Governed............  Linear transition
3a Steady-state....................          277  Engine Governed............  75
3b Transition......................           20  Engine Governed............  Linear transition
4a Steady-state....................          339  Engine Governed............  25
4b Transition......................           20  Engine Governed............  Linear transition
5 Steady-state.....................          350  Engine Governed............  50
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the torque setting of the current mode to the torque setting of the next mode.

    (3) Use a duty cycle from both paragraphs (b)(1) and (b)(2) of this 
section if you will not restrict an engine family to constant-speed or 
variable-speed applications.
    (4) Use a duty cycle specified in paragraph (b)(2) of this section 
for all severe-duty engines.
    (5) For high-load engines, use one of the following duty cycles:
    (i) The following duty cycle applies for discrete-mode testing:

[[Page 54900]]



                       Table 5 of Sec.   1048.505
------------------------------------------------------------------------
                                                  Minimum
   D1 mode                                        time in     Weighting
    number        Engine speed      Torque \1\      mode       factors
                                                 (minutes)
------------------------------------------------------------------------
1............  Maximum test......          100          3.0         0.50
2............  Maximum test......           75          3.0        0.50
------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum torque at maximum test
  speed.

    (ii) The following duty cycle applies for discrete-mode testing:

                                           Table 6 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                       Time in
             RMC modes                   mode        Engine speed (percent)           Torque (percent)1, 2
                                      (seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................          290  Engine Governed............  100
1b Transition......................           20  Engine Governed............  Linear Transition
2 Steady-state.....................          290  Engine Governed............  75
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the torque setting of the current mode to the torque setting of the next mode.

    (c) If we test an engine to confirm that it meets the duty-cycle 
emission standards, we will use the steady-state duty cycles that apply 
for that engine family.
    (d) 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.
    (e) For full-load operating modes, operate the engine at wide-open 
throttle.
    (f) See 40 CFR part 1065 for detailed specifications of tolerances 
and calculations.
    (g) For those cases where transient testing is not necessary, 
perform the steady-state test according to this section after an 
appropriate warm-up period, consistent with 40 CFR part 1065, subpart 
F.
    182. Section 1048.510 is amended by revising the section heading 
and paragraph (a) to read as follows:


Sec.  1048.510  Which duty cycles do I use for transient testing?

    (a) Starting with the 2007 model year, measure emissions by testing 
the engine on a dynamometer with one of the following transient duty 
cycles to determine whether it meets the transient emission standards 
in Sec.  1048.101(a):
    (1) For constant-speed engines and severe-duty engines, use the 
transient duty-cycle described in Appendix I of this part.
    (2) For all other engines, use the transient duty cycle described 
in Appendix II of this part.
* * * * *
    183. Section 1048.515 is amended by revising the section heading 
and paragraphs (a)(1) and (a)(2) to read as follows:


Sec.  1048.515  What are the field-testing procedures?

    (a) * * *
    (1) Remove the selected engines for testing in a laboratory. You 
may use an engine dynamometer to simulate normal operation, as 
described in this section.
    (2) Test the selected engines while they remain installed in the 
equipment. In 40 CFR part 1065, subpart J, we describe the equipment 
and sampling methods for testing engines in the field. Use fuel meeting 
the specifications of 40 CFR part 1065, subpart H, or a fuel typical of 
what you would expect the engine to use in service.
* * * * *
    184. Section 1048.601 is revised to read as follows:


Sec.  1048.601  What compliance provisions apply to these engines?

    Engine and equipment manufacturers, as well as owners, operators, 
and rebuilders of engines subject to the requirements of this part, and 
all other persons, must observe the provisions of this part, the 
requirements and prohibitions in 40 CFR part 1068, and the provisions 
of the Act.
    185. Section 1048.605 is revised to read as follows:


Sec.  1048.605  What provisions apply to engines certified under the 
motor-vehicle program?

    (a) General provisions. If you are an engine manufacturer, this 
section allows you to introduce new nonroad engines into commerce if 
they are already certified to the requirements that apply to 
compression-ignition engines under 40 CFR parts 85 and 86 for the 
appropriate model year. If you comply with all the provisions of this 
section, we consider the certificate issued under 40 CFR part 86 for 
each engine to also be a valid certificate of conformity under this 
part 1048 for its model year, without a separate application for 
certification under the requirements of this part 1048. See Sec.  
1048.610 for similar provisions that apply to engines certified to 
chassis-based standards for motor vehicles.
    (b) Equipment-manufacturer provisions. If you are not an engine 
manufacturer, you may produce nonroad equipment using motor-vehicle 
engines under this section as long as the engine has been properly 
labeled as specified in paragraph (d)(5) of this section and you do not 
make any of the changes described in paragraph (d)(2) of this section. 
If you modify the motor-vehicle engine in any of the ways described in 
paragraph (d)(2) of this section, we will consider you a manufacturer 
of a new nonroad engine. Such engine modifications prevent you from 
using the provisions of this section.
    (c) Liability. Engines for which you meet the requirements of this 
section are exempt from all the requirements and

[[Page 54901]]

prohibitions of this part, except for those specified in this section. 
Engines exempted under this section must meet all the applicable 
requirements from 40 CFR parts 85 and 86. This applies to engine 
manufacturers, equipment manufacturers who use these engines, and all 
other persons as if these engines were used in a motor vehicle. The 
prohibited acts of Sec.  1068.101(a)(1) apply to these new engines and 
equipment; however, we consider the certificate issued under 40 CFR 
part 86 for each engine to also be a valid certificate of conformity 
under this part 1048 for its model year. If we make a determination 
that these engines do not conform to the regulations during their 
useful life, we may require you to recall them under 40 CFR part 86 or 
40 CFR 1068.505.
    (d) Specific requirements. If you are an engine manufacturer and 
meet all the following criteria and requirements regarding your new 
nonroad engine, the engine is eligible for an exemption under this 
section:
    (1) Your engine must be covered by a valid certificate of 
conformity issued under 40 CFR part 86.
    (2) You must not make any changes to the certified engine that 
could reasonably be expected to increase its exhaust emissions for any 
pollutant, or its evaporative emissions. For example, if you make any 
of the following changes to one of these engines, you do not qualify 
for this exemption:
    (i) Change any fuel system or evaporative system parameters from 
the certified configuration (this does not apply to refueling 
controls).
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original engine 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine model's 
total sales for the model year, from all companies, are used in nonroad 
applications, as follows:
    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm this based on its sales information.
    (4) You must ensure that the engine has the label we require under 
40 CFR part 86.
    (5) You must add a permanent supplemental label to the engine in a 
position where it will remain clearly visible after installation in the 
equipment. In the supplemental label, do the following:
    (i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL 
INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON 
THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE 
APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF 
FEDERAL LAW.''.
    (iv) State the date you finished modifying the engine (month and 
year), if applicable.
    (6) The original and supplemental labels must be readily visible 
after the engine is installed in the equipment or, if the equipment 
obscures the engine's emission control information label, the equipment 
manufacturer must attach duplicate labels, as described in 40 CFR 
1068.105.
    (7) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the engine models you expect to produce under this 
exemption in the coming year.
    (iii) State: ``We produce each listed engine model for nonroad 
application without making any changes that could increase its 
certified emission levels, as described in 40 CFR 1048.605.''.
    (e) Failure to comply. If your engines do not meet the criteria 
listed in paragraph (d) of this section, they will be subject to the 
standards, requirements, and prohibitions of this part 1048 and the 
certificate issued under 40 CFR part 86 will not be deemed to also be a 
certificate issued under this part 1048. Introducing these engines into 
commerce without a valid exemption or certificate of conformity under 
this part violates the prohibitions in 40 CFR 1068.101(a)(1).
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Engines 
adapted for nonroad use under this section may generate credits under 
the ABT provisions in 40 CFR part 86. These engines must use emission 
credits under 40 CFR part 86 if they are certified to an FEL that 
exceeds an applicable standard under 40 CFR part 86.
    186. Section 1048.610 is revised to read as follows:


Sec.  1048.610  What provisions apply to vehicles certified under the 
motor-vehicle program?

    (a) General provisions. If you are a motor-vehicle manufacturer, 
this section allows you to introduce new nonroad engines or equipment 
into commerce if the vehicle is already certified to the requirements 
that apply under 40 CFR parts 85 and 86 for the appropriate model year. 
If you comply with all of the provisions of this section, we consider 
the certificate issued under 40 CFR part 86 for each motor vehicle to 
also be a valid certificate of conformity for the engine under this 
part 1048 for its model year, without a separate application for 
certification under the requirements of this part 1048. See Sec.  
1048.605 for similar provisions that apply to motor-vehicle engines 
produced for nonroad equipment.
    (b) Equipment-manufacturer provisions. If you are not an engine 
manufacturer, you may produce nonroad equipment from motor vehicles 
under this section as long as the equipment has the labels specified in 
paragraph (d)(5) of this section and you do not make any of the changes 
described in paragraph (d)(2) of this section. You must also add the 
fuel-inlet label we specify in Sec.  1048.135(e). If you modify the 
motor vehicle or its engine in any of the ways described in paragraph 
(d)(2) of this section, we will consider you a manufacturer of a new 
nonroad engine. Such modifications prevent you from using the 
provisions of this section.
    (c) Liability. Engines, vehicles, and equipment for which you meet 
the requirements of this section are exempt from all the requirements 
and prohibitions of this part, except for those specified in this 
section. Engines exempted under this section must meet all the 
applicable requirements from 40 CFR parts 85 and 86. This applies to 
engine manufacturers, equipment manufacturers, and all other persons as 
if the nonroad equipment were motor vehicles. The prohibited acts of 40 
CFR 1068.101(a)(1) apply to these new pieces of equipment; however, we 
consider the certificate issued under 40 CFR part 86 for each motor 
vehicle to also be a valid certificate of conformity for the engine 
under this part 1048 for its model year. If we make a determination 
that these

[[Page 54902]]

engines, vehicles, or equipment do not conform to the regulations 
during their useful life, we may require you to recall them under 40 
CFR part 86 or 40 CFR 1068.505.
    (d) Specific requirements. If you are a motor-vehicle manufacturer 
and meet all the following criteria and requirements regarding your new 
nonroad equipment and its engine, the engine is eligible for an 
exemption under this section:
    (1) Your equipment must be covered by a valid certificate of 
conformity as a motor vehicle issued under 40 CFR part 86.
    (2) You must not make any changes to the certified vehicle that we 
could reasonably expect to increase its exhaust emissions for any 
pollutant, or its evaporative emissions if it is subject to 
evaporative-emission standards. For example, if you make any of the 
following changes, you do not qualify for this exemption:
    (i) Change any fuel system or evaporative system parameters from 
the certified configuration, including refueling emission controls.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the vehicle 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original vehicle 
manufacturer's specified ranges.
    (iv) Add more than 500 pounds to the curb weight of the originally 
certified motor vehicle.
    (3) You must show that fewer than 50 percent of the total sales as 
a motor vehicle or a piece of nonroad equipment, from all companies, 
are used in nonroad applications, as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The equipment must have the vehicle emission control 
information and fuel labels we require under 40 CFR 86.007-35.
    (5) You must add a permanent supplemental label to the equipment in 
a position where it will remain clearly visible. In the supplemental 
label, do the following:
    (i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL 
INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON 
THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE 
APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF 
FEDERAL LAW.''.
    (iv) State the date you finished modifying the vehicle (month and 
year), if applicable.
    (6) The original and supplemental labels must be readily visible in 
the fully assembled equipment.
    (7) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the equipment models you expect to produce under this 
exemption in the coming year.
    (iii) State: ``We produced each listed engine or equipment model 
for nonroad application without making any changes that could increase 
its certified emission levels, as described in 40 CFR 1048.610.''.
    (e) Failure to comply. If your engines, vehicles, or equipment do 
not meet the criteria listed in paragraph (d) of this section, the 
engines will be subject to the standards, requirements, and 
prohibitions of this part 1048, and the certificate issued under 40 CFR 
part 86 will not be deemed to also be a certificate issued under this 
part 1048. Introducing these engines into commerce without a valid 
exemption or certificate of conformity under this part violates the 
prohibitions in 40 CFR 1068.101(a)(1).
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Vehicles 
adapted for nonroad use under this section may generate credits under 
the ABT provisions in 40 CFR part 86. These vehicles must use emission 
credits under 40 CFR part 86 if they are certified to an FEL that 
exceeds an applicable standard under 40 CFR part 86.
    187. Section 1048.615 is amended by revising paragraphs (a)(2), 
(a)(3), (c), and (d) to read as follows:


Sec.  1048.615  What are the provisions for exempting engines designed 
for lawn and garden applications?

* * * * *
    (a) * * *
    (2) The engine must have a maximum engine power at or below 30 kW.
    (3) The engine must be in an engine family that has a valid 
certificate of conformity showing that it meets emission standards for 
Class II engines under 40 CFR part 90 for the appropriate model year.
* * * * *
    (c) If your engines do not meet the criteria listed in paragraph 
(a) of this section, they will be subject to the provisions of this 
part. Introducing these engines into commerce without a valid exemption 
or certificate of conformity violates the prohibitions in 40 CFR 
1068.101.
    (d) Engines exempted under this section are subject to all the 
requirements affecting engines under 40 CFR part 90. The requirements 
and restrictions of 40 CFR part 90 apply to anyone manufacturing these 
engines, anyone manufacturing equipment that uses these engines, and 
all other persons in the same manner as if these engines had a total 
maximum engine power at or below 19 Kw.
    188. Section 1048.620 is amended by revising paragraphs (a)(2), 
(a)(3), (c), (d), and (e) to read as follows:


Sec.  1048.620  What are the provisions for exempting large engines 
fueled by natural gas?

    (a) * * *
    (2) The engine must have maximum engine power at or above 250 kW.
    (3) The engine must be in an engine family that has a valid 
certificate of conformity showing that it meets emission standards for 
engines of that power rating under 40 CFR part 89 or 1039.
* * * * *
    (c) If your engines do not meet the criteria listed in paragraph 
(a) of this section, they will be subject to the provisions of this 
part. Introducing these engines into commerce without a valid exemption 
or certificate of conformity violates the prohibitions in 40 CFR 
1068.101.
    (d) Engines exempted under this section are subject to all the 
requirements affecting engines under 40 CFR part 89 or 1039. The 
requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone 
manufacturing these engines, anyone manufacturing equipment that uses 
these engines, and all other persons in the same manner as if these 
were nonroad diesel engines.

[[Page 54903]]

    (e) You may request an exemption under this section by submitting 
an application for certification for the engines under 40 CFR part 89 
or 1039.
    189. Section 1048.625 is revised to read as follows:


Sec.  1048.625  What special provisions apply to engines using 
noncommercial fuels?

    In Sec.  1048.115(e), we generally require that engines meet 
emission standards for any adjustment within the full range of any 
adjustable parameters. For engines that use noncommercial fuels 
significantly different than the specified test fuel of the same type, 
you may ask to use the parameter-adjustment provisions of this section 
instead of those in Sec.  1048.115(e). Engines certified under this 
section must be in a separate engine family.
    (a) If we approve your request, the following provisions apply:
    (1) You must certify the engine using the test fuel specified in 
Sec.  1048.501.
    (2) You may produce the engine without limits or stops that keep 
the engine adjusted within the certified range.
    (3) You must specify in-use adjustments different than the 
adjustable settings appropriate for the specified test fuel, consistent 
with the provisions of paragraph (b)(1) of this section.
    (b) To produce engines under this section, you must do the 
following:
    (1) Specify in-use adjustments needed so the engine's level of 
emission control for each regulated pollutant is equivalent to that 
from the certified configuration.
    (2) Add the following information to the emission control 
information label specified in Sec.  1048.135:
    (i) Include instructions describing how to adjust the engine to 
operate in a way that maintains the effectiveness of the emission-
control system.
    (ii) State: ``THIS ENGINE IS CERTIFIED TO OPERATE IN APPLICATIONS 
USING NONCOMMERCIAL FUEL. MALADJUSTMENT OF THE ENGINE IS A VIOLATION OF 
FEDERAL LAW SUBJECT TO CIVIL PENALTY.''.
    (3) Keep records to document the destinations and quantities of 
engines produced under this section.
    190. A new Sec.  1048.630 is added to read as follows:


Sec.  1048.630  What are the provisions for exempting engines used 
solely for competition?

    The provisions of this section apply for new engines built on or 
after January 1, 2006.
    (a) Equipment manufacturers may use uncertified engines if the 
vehicles or equipment in which they are installed will be used solely 
for competition.
    (b) The definition of nonroad engine in 40 CFR 1068.30 excludes 
engines used solely for competition. These engines are not required to 
comply with this part 1048 or 40 CFR part 89, but 40 CFR 1068.101 
prohibits the use of competition engines for noncompetition purposes.
    (c) We consider a vehicle or piece of equipment to be one that will 
be used solely for competition if it has features that are not easily 
removed that would make its use other than in competition unsafe, 
impractical, or highly unlikely.
    (d) As an engine manufacturer, your engine is exempt without our 
prior approval if you have a written request for an exempted engine 
from the equipment manufacturer showing the basis for believing that 
the equipment will be used solely for competition. You must permanently 
label engines exempted under this section to clearly indicate that they 
are to be used solely for competition. Failure to properly label an 
engine will void the exemption.
    (e) We may discontinue an exemption under this section if we find 
that engines are not used solely for competition.
    191. A new Sec.  1048.635 is added to read as follows:


Sec.  1048.635  What special provisions apply to branded engines?

    The following provisions apply if you identify the name and 
trademark of another company instead of your own on your emission 
control information label, as provided by Sec.  1048.135(c)(2):
    (a) You must have a contractual agreement with the other company 
that obligates that company to take the following steps:
    (1) Meet the emission warranty requirements that apply under Sec.  
1048.120. This may involve a separate agreement involving reimbursement 
of warranty-related expenses.
    (2) Report all warranty-related information to the certificate 
holder.
    (b) In your application for certification, identify the company 
whose trademark you will use and describe the arrangements you have 
made to meet your requirements under this section.
    (c) You remain responsible for meeting all the requirements of this 
chapter, including warranty and defect-reporting provisions.
    192. Section 1048.801 is revised to read as follows:


Sec.  1048.801  What definitions apply to this part?

    The following definitions apply to this part. The definitions apply 
to all subparts unless we note otherwise. All undefined terms have the 
meaning the Act gives to them. The definitions follow:
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Adjustable parameter means any device, system, or element of design 
that someone can adjust (including those which are difficult to access) 
and that, if adjusted, may affect emissions or engine performance 
during emission testing or normal in-use operation. This includes, but 
is not limited to, parameters related to injection timing and fueling 
rate. You may ask us to exclude a parameter that is difficult to access 
if it cannot be adjusted to affect emissions without significantly 
degrading engine performance, or if you otherwise show us that it will 
not be adjusted in a way that affects emissions during in-use 
operation.
    Aftertreatment means relating to a catalytic converter, particulate 
filter, or any other system, component, or technology mounted 
downstream of the exhaust valve (or exhaust port) whose design function 
is to decrease emissions in the engine exhaust before it is exhausted 
to the environment. Exhaust-gas recirculation (EGR) and turbochargers 
are not aftertreatment.
    Aircraft means any vehicle capable of sustained air travel above 
treetop heights.
    All-terrain vehicle has the meaning we give in 40 CFR 1051.801.
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
    Auxiliary emission-control device means any element of design that 
senses temperature, motive speed, engine RPM, transmission gear, or any 
other parameter for the purpose of activating, modulating, delaying, or 
deactivating the operation of any part of the emission-control system.
    Blue Sky Series engine means an engine meeting the requirements of 
Sec.  1048.140.
    Brake power means the usable power output of the engine, not 
including power required to fuel, lubricate, or heat the engine, 
circulate coolant to the engine, or to operate aftertreatment devices.
    Calibration means the set of specifications and tolerances specific 
to a particular design, version, or application of a component or 
assembly capable of functionally describing its operation over its 
working range.
    Certification means obtaining a certificate of conformity for an 
engine family that complies with the emission standards and 
requirements in this part.

[[Page 54904]]

    Certified emission level means the highest deteriorated emission 
level in an engine family for a given pollutant from either transient 
or steady-state testing.
    Compression-ignition means relating to a type of reciprocating, 
internal-combustion engine that is not a spark-ignition engine.
    Constant-speed engine means an engine whose certification is 
limited to constant-speed operation. Engines whose constant-speed 
governor function is removed or disabled are no longer constant-speed 
engines.
    Constant-speed operation means engine operation with a governor 
that controls the operator input to maintain an engine at a reference 
speed, even under changing load. For example, an isochronous governor 
changes reference speed temporarily during a load change, then returns 
the engine to its original reference speed after the engine stabilizes. 
Isochronous governors typically allow speed changes up to 1.0%. Another 
example is a speed-droop governor, which has a fixed reference speed at 
zero load and allows the reference speed to decrease as load increases. 
With speed-droop governors, speed typically decreases (3 to 10)% below 
the reference speed at zero load, such that the minimum reference speed 
occurs near the engine's point of maximum power.
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any part of the engine crankcase's ventilation or 
lubrication systems. The crankcase is the housing for the crankshaft 
and other related internal parts.
    Critical emission-related component means any of the following 
components:
    (1) Electronic control units, aftertreatment devices, fuel-metering 
components, EGR-system components, crankcase-ventilation valves, all 
components related to charge-air compression and cooling, and all 
sensors and actuators associated with any of these components.
    (2) Any other component whose primary purpose is to reduce 
emissions.
    Designated Compliance Officer means the Manager, Engine Programs 
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Designated Enforcement Officer means the Director, Air Enforcement 
Division (2242A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW.,Washington, DC 20460.
    Deteriorated emission level means the emission level that results 
from applying the appropriate deterioration factor to the official 
emission result of the emission-data engine.
    Deterioration factor means the relationship between emissions at 
the end of useful life and emissions at the low-hour test point, 
expressed in one of the following ways:
    (1) For multiplicative deterioration factors, the ratio of 
emissions at the end of useful life to emissions at the low-hour test 
point.
    (2) For additive deterioration factors, the difference between 
emissions at the end of useful life and emissions at the low-hour test 
point.
    Discrete-mode means relating to the discrete-mode type of steady-
state test described in Sec.  1048.505.
    Emission-control system means any device, system, or element of 
design that controls or reduces the regulated emissions from an engine.
    Emission-data engine means an engine that is tested for 
certification. This includes engines tested to establish deterioration 
factors.
    Emission-related maintenance means maintenance that substantially 
affects emissions or is likely to substantially affect emission 
deterioration.
    Engine configuration means a unique combination of engine hardware 
and calibration within an engine family. Engines within a single engine 
configuration differ only with respect to normal production 
variability.
    Engine family has the meaning given in Sec.  1048.230.
    Engine manufacturer means the manufacturer of the engine. See the 
definition of ``manufacturer'' in this section.
    Equipment manufacturer means a manufacturer of nonroad equipment. 
All nonroad equipment manufacturing entities under the control of the 
same person are considered to be a single nonroad equipment 
manufacturer.
    Excluded means relating to an engine that either:
    (1) Has been determined not to be a nonroad engine, as specified in 
40 CFR 1068.30; or
    (2) Is a nonroad engine that, according to Sec.  1048.5, is not 
subject to this part 1048.
    Exempted has the meaning we give in 40 CFR 1068.30.
    Exhaust-gas recirculation means a technology that reduces emissions 
by routing exhaust gases that had been exhausted from the combustion 
chamber(s) back into the engine to be mixed with incoming air before or 
during combustion. The use of valve timing to increase the amount of 
residual exhaust gas in the combustion chamber(s) that is mixed with 
incoming air before or during combustion is not considered exhaust-gas 
recirculation for the purposes of this part.
    Fuel system means all components involved in transporting, 
metering, and mixing the fuel from the fuel tank to the combustion 
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel 
filters, fuel lines, carburetor or fuel-injection components, and all 
fuel-system vents.
    Fuel type means a general category of fuels such as gasoline or 
natural gas. There can be multiple grades within a single fuel type, 
such as winter-grade and summer-grade gasoline.
    Good engineering judgment has the meaning we give in 40 CFR 
1068.30. See 40 CFR 1068.5 for the administrative process we use to 
evaluate good engineering judgment.
    High-cost warranted part means a component covered by the emission-
related warranty with a replacement cost (at the time of certification) 
exceeding $400 (in 1998 dollars). Adjust this value using the most 
recent annual average consumer price index information published by the 
U.S. Bureau of Labor Statistics. For this definition, replacement cost 
includes the retail cost of the part plus labor and standard diagnosis.
    High-load engine means an engine for which the engine manufacturer 
can provide clear evidence that operation below 75 percent of maximum 
load in it's final application will be rare.
    Hydrocarbon (HC) means the hydrocarbon group on which the emission 
standards are based for each fuel type, as described in Sec.  
1048.101(e).
    Identification number means a unique specification (for example, a 
model number/serial number combination) that allows someone to 
distinguish a particular engine from other similar engines.
    Intermediate test speed has the meaning we give in 40 CFR 1065.515.
    Low-hour means relating to an engine with stabilized emissions and 
represents the undeteriorated emission level. This would generally 
involve less than 300 hours of operation.
    Manufacturer has the meaning given in section 216(1) of the Act. In 
general, this term includes any person who manufactures an engine, 
vehicle, or piece of equipment for sale in the United States or 
otherwise introduces a new nonroad engine into commerce in the United 
States. This includes importers who import engines, equipment, or 
vehicles for resale.
    Marine engine means a nonroad engine that is installed or intended 
to be installed on a marine vessel. This includes a portable auxiliary 
engine only if its fueling, cooling, or exhaust system is an integral 
part of the vessel. There are two kinds of marine engines:

[[Page 54905]]

    (1) Propulsion marine engine means a marine engine that moves a 
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for 
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it 
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very 
broadly includes every craft capable of being used as a means of 
transportation on water.
    Maximum engine power has one of the following meanings:
    (1) For engines at or below 30 kW, maximum engine power has the 
meaning given in 40 CFR 90.2.
    (2) For engines above 30 kW, maximum engine power has the meaning 
given in 40 CFR 1039.140.
    Maximum test speed has the meaning we give in 40 CFR 1065.515.
    Maximum test torque has the meaning we give in 40 CFR 1065.1001.
    Model year means one of the following things:
    (1) For freshly manufactured equipment and engines (see definition 
of ``new nonroad engine,'' paragraph (1)), model year means one of the 
following:
    (i) Calendar year.
    (ii) Your annual new model production period if it is different 
than the calendar year. This must include January 1 of the calendar 
year for which the model year is named. It may not begin before January 
2 of the previous calendar year and it must end by December 31 of the 
named calendar year.
    (2) For an engine that is converted to a nonroad engine after being 
placed into service as a motor-vehicle engine or a stationary engine, 
model year means the calendar year in which the engine was originally 
produced (see definition of ``new nonroad engine,'' paragraph (2)).
    (3) For a nonroad engine excluded under Sec.  1048.5 that is later 
converted to operate in an application that is not excluded, model year 
means the calendar year in which the engine was originally produced 
(see definition of ``new nonroad engine,'' paragraph (3)).
    (4) For engines that are not freshly manufactured but are installed 
in new nonroad equipment, model year means the calendar year in which 
the engine is installed in the new nonroad equipment (see definition of 
``new nonroad engine,'' paragraph (4)).
    (5) For imported engines:
    (i) For imported engines described in paragraph (5)(i) of the 
definition of ``new nonroad engine,'' model year has the meaning given 
in paragraphs (1) through (4) of this definition.
    (ii) [Reserved]
    Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In 
general, motor vehicle means any vehicle that EPA deems to be capable 
of safe and practical use on streets or highways that has a maximum 
ground speed above 40 kilometers per hour (25 miles per hour) over 
level, paved surfaces.
    New nonroad engine means any of the following things:
    (1) A freshly manufactured nonroad engine for which the ultimate 
purchaser has never received the equitable or legal title. This kind of 
engine might commonly be thought of as ``brand new.'' In the case of 
this paragraph (1), the engine becomes new when it is fully assembled 
for the first time. The engine is no longer new when the ultimate 
purchaser receives the title or the product is placed into service, 
whichever comes first.
    (2) An engine originally manufactured as a motor-vehicle engine or 
a stationary engine that is later intended to be used in a piece of 
nonroad equipment. In this case, the engine is no longer a motor-
vehicle or stationary engine and becomes a ``new nonroad engine''. The 
engine is no longer new when it is placed into nonroad service.
    (3) A nonroad engine that has been previously placed into service 
in an application we exclude under Sec.  1048.5, where that engine is 
installed in a piece of equipment that is covered by this part 1048. 
The engine is no longer new when it is placed into nonroad service 
covered by this part 1048. For example, this would apply to a marine-
propulsion engine that is no longer used in a marine vessel.
    (4) An engine not covered by paragraphs (1) through (3) of this 
definition that is intended to be installed in new nonroad equipment. 
The engine is no longer new when the ultimate purchaser receives a 
title for the equipment or the product is placed into service, 
whichever comes first. This generally includes installation of used 
engines in new equipment.
    (5) An imported nonroad engine, subject to the following 
provisions:
    (i) An imported nonroad engine covered by a certificate of 
conformity issued under this part that meets the criteria of one or 
more of paragraphs (1) through (4) of this definition, where the 
original engine manufacturer holds the certificate, is new as defined 
by those applicable paragraphs.
    (ii) An imported nonroad engine covered by a certificate of 
conformity issued under this part, where someone other than the 
original engine manufacturer holds the certificate (such as when the 
engine is modified after its initial assembly), becomes new when it is 
imported. It is no longer new when the ultimate purchaser receives a 
title for the engine or it is placed into service, whichever comes 
first.
    (iii) An imported nonroad engine that is not covered by a 
certificate of conformity issued under this part at the time of 
importation is new, but only if it was produced on or after January 1, 
2004. This addresses uncertified engines and equipment initially placed 
into service that someone seeks to import into the United States. 
Importation of this kind of new nonroad engine (or equipment containing 
such an engine) is generally prohibited by 40 CFR part 1068.
    New nonroad equipment means either of the following things:
    (1) A nonroad piece of equipment for which the ultimate purchaser 
has never received the equitable or legal title. The product is no 
longer new when the ultimate purchaser receives this title or the 
product is placed into service, whichever comes first.
    (2) An imported nonroad piece of equipment with an engine not 
covered by a certificate of conformity issued under this part at the 
time of importation and manufactured after January 1, 2004.
    Noncommercial fuel means a combustible product that is not marketed 
as a commercial fuel, but is used as a fuel for nonroad engines. For 
example, this includes methane that is produced and released from 
landfills or oil wells, or similar unprocessed fuels that are not 
intended to meet any otherwise applicable fuel specifications. See 
Sec.  1048.615 for provisions related to engines designed to burn 
noncommercial fuels.
    Noncompliant engine means an engine that was originally covered by 
a certificate of conformity, but is not in the certified configuration 
or otherwise does not comply with the conditions of the certificate.
    Nonconforming engine means an engine not covered by a certificate 
of conformity that would otherwise be subject to emission standards.
    Nonmethane hydrocarbon means the difference between the emitted 
mass of total hydrocarbons and the emitted mass of methane.
    Nonroad means relating to nonroad engines or equipment that 
includes nonroad engines.
    Nonroad engine has the meaning we give in 40 CFR 1068.30. In 
general this means all internal-combustion engines except motor vehicle 
engines, stationary engines, engines used solely for competition, or 
engines used in aircraft.

[[Page 54906]]

This part does not apply to all nonroad engines (see Sec.  1048.5).
    Nonroad equipment means a piece of equipment that is powered by one 
or more nonroad engines.
    Off-highway motorcycle has the meaning we give in 40 CFR 1051.801. 
(Note: highway motorcycles are regulated under 40 CFR part 86.)
    Official emission result means the measured emission rate for an 
emission-data engine on a given duty cycle before the application of 
any deterioration factor, but after the applicability of regeneration 
adjustment factors.
    Oxides of nitrogen has the meaning we give in 40 CFR part 1065.
    Piece of equipment means any vehicle, vessel, or other type of 
equipment using engines to which this part applies.
    Placed into service means put into initial use for its intended 
purpose.
    Point of first retail sale means the location at which the initial 
retail sale occurs. This generally means an equipment dealership, but 
may also include an engine seller or distributor in cases where loose 
engines are sold to the general public for uses such as replacement 
engines.
    Ramped-modal means relating to the ramped-modal type of steady-
state test described in Sec.  1048.505.
    Rated speed means the maximum full-load governed speed for governed 
engines and the speed of maximum power for ungoverned engines.
    Revoke has the meaning we give in 40 CFR 1068.30.
    Round means to round numbers according to NIST Special Publication 
811(incorporated by reference in Sec.  1048.810), unless otherwise 
specified.
    Scheduled maintenance means adjusting, repairing, removing, 
disassembling, cleaning, or replacing components or systems 
periodically to keep a part or system from failing, malfunctioning, or 
wearing prematurely. It also may mean actions you expect are necessary 
to correct an overt indication of failure or malfunction for which 
periodic maintenance is not appropriate.
    Severe-duty application includes concrete saws, concrete pumps, and 
any other application where an engine manufacturer can provide clear 
evidence that the majority of installations need air-cooled engines as 
a result of operation in a severe-duty environment.
    Severe-duty engine means an engine from an engine family in which 
the majority of engines are installed in severe-duty applications.
    Small-volume engine manufacturer means a company with fewer than 
200 employees. This includes any employees working for parent or 
subsidiary companies.
    Snowmobile has the meaning we give in 40 CFR 1051.801.
    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark-ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation.
    Steady-state means relating to emission tests in which engine speed 
and load are held at a finite set of essentially constant values. 
Steady-state tests are either discrete-mode tests or ramped-modal 
tests.
    Stoichiometry means the proportion of a mixture of air and fuel 
such that the fuel is fully oxidized with no remaining oxygen. For 
example, stoichiometric combustion in gasoline engines typically occurs 
at an air-fuel mass ratio of about 14.7.
    Suspend has the meaning we give in 40 CFR 1068.30.
    Test engine means an engine in a test sample.
    Test sample means the collection of engines selected from the 
population of an engine family for emission testing. This may include 
testing for certification, production-line testing, or in-use testing.
    Tier 1 means relating to the emission standards and other 
requirements that apply beginning with the 2004 model year.
    Tier 2 means relating to the emission standards and other 
requirements that apply beginning with the 2007 model year.
    Total hydrocarbon means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
    Total hydrocarbon equivalent means the sum of the carbon mass 
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes, 
or other organic compounds that are measured separately as contained in 
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled 
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is 
1.85:1.
    Ultimate purchaser means, with respect to any new nonroad equipment 
or new nonroad engine, the first person who in good faith purchases 
such new nonroad equipment or new nonroad engine for purposes other 
than resale.
    United States has the meaning we give in 40 CFR 1068.30.
    Upcoming model year means for an engine family the model year after 
the one currently in production.
    U.S.-directed production volume means the number of engine units, 
subject to the requirements of this part, produced by a manufacturer 
for which the manufacturer has a reasonable assurance that sale was or 
will be made to ultimate purchasers in the United States.
    Useful life means the period during which the engine is designed to 
properly function in terms of reliability and fuel consumption, without 
being remanufactured, specified as a number of hours of operation or 
calendar years, whichever comes first. It is the period during which a 
new nonroad engine is required to comply with all applicable emission 
standards. See Sec.  1048.101(g).
    Variable-speed engine means an engine that is not a constant-speed 
engine.
    Variable-speed operation means engine operation that does not meet 
the definition of constant-speed operation.
    Void has the meaning we give in 40 CFR 1068.30.
    Volatile liquid fuel means any fuel other than diesel or biodiesel 
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure 
higher than 2.0 pounds per square inch.
    Wide-open throttle means maximum throttle opening. Unless this is 
specified at a given speed, it refers to maximum throttle opening at 
maximum speed. For electronically controlled or other engines with 
multiple possible fueling rates, wide-open throttle also means the 
maximum fueling rate at maximum throttle opening under test conditions.
    We (us, our) means the Administrator of the Environmental 
Protection Agency and any authorized representatives.
    193. Section 1048.805 is amended by adding ``NIST'' to the table in 
alphabetical order to read as follows:


Sec.  1048.805  What symbols, acronyms, and abbreviations does this 
part use?

* * * * *
NIST National Institute of Standards and Technology.
    194. Section 1048.810 is amended by revising the introductory text 
and paragraphs (a) and (b) to read as follows:


Sec.  1048.810  What materials does this part reference?

    Documents listed in this section have been incorporated by 
reference into this part. The Director of the Federal Register approved 
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and 
Radiation Docket and Information

[[Page 54907]]

Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, 
Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (a) NIST material. Table 1 of this section lists material from the 
National Institute of Standards and Technology that we have been 
incorporated by reference. The first column lists the number and name 
of the material. The second column lists the sections of this part 
where we reference it. Anyone may purchase copies of these materials 
from the Government Printing Office, Washington, DC 20402 or download 
them from the Internet at http://physics.nist.gov/Pubs/SP811/. Table 1 
follows:

               Table 1 of Sec.   1048.810.--NIST Materials
------------------------------------------------------------------------
                                                              Part 1048
                  Document number and name                    reference
------------------------------------------------------------------------
NIST Special Publication 811, Guide for the Use of the          1048.801
 International System of Units (SI), 1995 Edition..........
------------------------------------------------------------------------

    (b) SAE material. Table 2 of this section lists material from the 
Society of Automotive Engineering that we have incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the sections of this part where we reference 
it. Anyone may purchase copies of these materials from the Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096. 
Table 2 follows:

               Table 2 of Sec.   1048.810.--SAE Materials
------------------------------------------------------------------------
                                                              Part 1048
                  Document number and name                    reference
------------------------------------------------------------------------
SAE J1930, Electrical/Electronic Systems Diagnostic Terms,      1048.135
 Definitions, Abbreviations, and Acronyms, revised May
 1998......................................................
SAE J2260, Nonmetallic Fuel System Tubing with One or More      1048.105
 Layers, November 1996.....................................
------------------------------------------------------------------------

* * * * *
    195. Section 1048.815 is revised to read as follows:


Sec.  1048.815  What provisions apply to confidential information?

    (a) Clearly show what you consider confidential by marking, 
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40 
CFR part 2. Also, we will disclose it only as specified in 40 CFR part 
2. This applies both to any information you send us and to any 
information we collect from inspections, audits, or other site visits.
    (c) If you send us a second copy without the confidential 
information, we will assume it contains nothing confidential whenever 
we need to release information from it.
    (d) If you send us information without claiming it is confidential, 
we may make it available to the public without further notice to you, 
as described in 40 CFR 2.204.
    196. Section 1048.820 is revised to read as follows:


Sec.  1048.820  How do I request a hearing?

    (a) You may request a hearing under certain circumstances, as 
described elsewhere in this part. To do this, you must file a written 
request, including a description of your objection and any supporting 
data, within 30 days after we make a decision.
    (b) For a hearing you request under the provisions of this part, we 
will approve your request if we find that your request raises a 
substantial factual issue.
    (c) If we agree to hold a hearing, we will use the procedures 
specified in 40 CFR part 1068, subpart G.

PART 1051--CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND 
VEHICLES

    197. The authority citation for part 1051 is revised to read as 
follows:

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

    198. The heading for subpart A is revised to read as follows:

Subpart A--Overview and Applicability

    199. Section 1051.1 is revised to read as follows:


Sec.  1051.1  Does this part apply for my vehicles or engines?

    (a) The regulations in this part 1051 apply for all the following 
new recreational vehicles or new engines used in the following 
recreational vehicles, except as provided in Sec.  1051.5:
    (1) Snowmobiles.
    (2) Off-highway motorcycles.
    (3) All-terrain vehicles (ATVs).
    (4) Offroad utility vehicles with engines with displacement less 
than or equal to 1000 cc, maximum engine power less than or equal to 30 
kW, and maximum vehicle speed of 25 miles per hour or higher. Offroad 
utility vehicles that are subject to this part are subject to the same 
requirements as ATVs. This means that any requirement that applies to 
ATVs also applies to these offroad utility vehicles, without regard to 
whether the regulatory language mentions offroad utility vehicles.
    (b) In certain cases, the regulations in this part 1051 apply to 
new engines under 50 cc used in motorcycles that are motor vehicles. 
See 40 CFR 86.447-2006 or 86.448-2006 for provisions related to this 
allowance.
    (c) This part 1051 applies for new recreational vehicles starting 
in the 2006 model year, except as described in subpart B of this part. 
You need not follow this part for vehicles you produce before the 2006 
model year, unless you certify voluntarily. See Sec. Sec.  1051.103 
through 1051.110, Sec.  1051.145, and the definition of ``model year'' 
in Sec.  1051.801 for more information about the timing of the 
requirements.
    (d) The requirements of this part begin to apply when a vehicle is 
new. See the definition of ``new'' in Sec.  1051.801 for more 
information. In some cases, vehicles or engines that have been 
previously used may be considered ``new'' for the purposes of this 
part.
    (e) The evaporative emission requirements of this part apply to 
highway motorcycles, as specified in 40 CFR part 86, subpart E.
    200. Section 1051.5 is revised to read as follows:


Sec.  1051.5  Which engines are excluded from this part's requirements?

    (a) You may exclude vehicles with compression-ignition engines. See 
40 CFR part 89 for regulations that cover these engines.
    (b) We may require you to label an engine or vehicle (or both) if 
this section excludes it and other requirements in this chapter do not 
apply.
    201. Section 1051.10 is revised to read as follows:


Sec.  1051.10  How is this part organized?

    The regulations in this part 1051 contain provisions that affect 
both vehicle manufacturers and others. However, the requirements of 
this part are generally addressed to the vehicle manufacturer. The term 
``you'' generally means the vehicle manufacturer, as defined in Sec.  
1051.801. This part 1051 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of part 1051 
and gives an overview of regulatory requirements.

[[Page 54908]]

    (b) Subpart B of this part describes the emission standards and 
other requirements that must be met to certify engines under this part. 
Note that Sec.  1051.145 discusses certain interim requirements and 
compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate 
of conformity.
    (d) Subpart D of this part describes general provisions for testing 
production-line engines.
    (e) [Reserved]
    (f) Subpart F of this part describes how to test your engines 
(including references to other parts of the Code of Federal 
Regulations).
    (g) Subpart G of this part and 40 CFR part 1068 describe 
requirements, prohibitions, and other provisions that apply to engine 
manufacturers, equipment manufacturers, owners, operators, rebuilders, 
and all others.
    (h) Subpart H of this part describes how you may generate and use 
emission credits to certify your engines.
    (i) Subpart I of this part contains definitions and other reference 
information.
    202. Section 1051.15 is revised to read as follows:


Sec.  1051.15  Do any other regulation parts apply to me?

    (a) Parts 86 and 1065 of this chapter describe procedures and 
equipment specifications for testing vehicles and engines. Subpart F of 
this part 1051 describes how to apply the provisions of parts 86 and 
1065 of this chapter to determine whether vehicles meet the emission 
standards in this part.
    (b) The requirements and prohibitions of part 1068 of this chapter 
apply to everyone, including anyone who manufactures, imports, 
installs, owns, operates, or rebuilds any of the vehicles subject to 
this part 1051, or vehicles containing these engines. Part 1068 of this 
chapter describes general provisions, including these seven areas:
    (1) Prohibited acts and penalties for manufacturers and others.
    (2) Rebuilding and other aftermarket changes.
    (3) Exclusions and exemptions for certain vehicles and engines.
    (4) Importing vehicles and engines.
    (5) Selective enforcement audits of your production.
    (6) Defect reporting and recall.
    (7) Procedures for hearings.
    (c) Other parts of this chapter apply if referenced in this part.
    203. Section 1051.101 is amended by revising paragraphs (a)(1), 
(a)(2), (c), and (f) to read as follows:


Sec.  1051.101  What emission standards and other requirements must my 
vehicles meet?

    (a) * * *
    (1) The applicable exhaust emission standards in Sec.  1051.103, 
Sec.  1051.105, Sec.  1051.107, or Sec.  1051.145.
    (i) For snowmobiles, see Sec.  1051.103.
    (ii) For off-highway motorcycles, see Sec.  1051.105.
    (iii) For all-terrain vehicles and offroad utility vehicles subject 
to this part, see Sec.  1051.107 and Sec.  1051.145.
    (2) The evaporative emission standards in Sec.  1051.110.
* * * * *
    (c) These standards and requirements apply to all testing, 
including certification, production-line, and in-use testing.
* * * * *
    (f) As described in Sec.  1051.1(a)(4), offroad utility vehicles 
that are subject to this part are subject to the same requirements as 
ATVs.
    204. Section 1051.103 is amended by revising paragraph (a)(1) 
before the table and paragraphs (b) introductory text and (c) 
introductory text to read as follows:


Sec.  1051.103  What are the exhaust emission standards for 
snowmobiles?

    (a) * * *
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may generate or use emission credits under the averaging, banking, 
and trading (ABT) program, as described in subpart H of this part. This 
requires that you specify a family emission limit for each pollutant 
you include in the ABT program for each engine family. These family 
emission limits serve as the emission standards for the engine family 
with respect to all required testing instead of the standards specified 
in this section. An engine family meets emission standards even if its 
family emission limit is higher than the standard, as long as you show 
that the whole averaging set of applicable engine families meet the 
applicable emission standards using emission credits, and the vehicles 
within the family meet the family emission limit. Table 1 also shows 
the maximum value you may specify for a family emission limit, as 
follows:
* * * * *
    (b) The exhaust emission standards in this section apply for 
snowmobiles using the fuel type on which they are designed to operate. 
You must meet the numerical emission standards for hydrocarbons in this 
section based on the following types of hydrocarbon emissions for 
snowmobiles powered by the following fuels:
* * * * *
    (c) Your snowmobiles must meet emission standards over their full 
useful life. The minimum useful life is 8,000 kilometers, 400 hours of 
engine operation, or five calendar years, whichever comes first. You 
must specify a longer useful life in terms of kilometers and hours for 
the engine family if the average service life of your vehicles is 
longer than the minimum value, as follows:
* * * * *
    205. Section 1051.105 is amended by revising paragraph (a)(1) 
before the table and paragraphs (a)(3), (b) introductory text, and (c) 
introductory text to read as follows:


Sec.  1051.105  What are the exhaust emission standards for off-highway 
motorcycles?

    (a) * * *
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may generate or use emission credits under the averaging, banking, 
and trading (ABT) program for HC+NOX and/or CO emissions, as 
described in subpart H of this part. This requires that you specify a 
family emission limit for each pollutant you include in the ABT program 
for each engine family. These family emission limits serve as the 
emission standards for the engine family with respect to all required 
testing instead of the standards specified in this section. An engine 
family meets emission standards even if its family emission limit is 
higher than the standard, as long as you show that the whole averaging 
set of applicable engine families meet the applicable emission 
standards using emission credits, and the vehicles within the family 
meet the family emission limit. The phase-in values specify the 
percentage of your U.S.-directed production that must comply with the 
emission standards for those model years. Calculate this compliance 
percentage based on a simple count of production units within the 
engine family. Table 1 follows:
* * * * *
    (3) You may certify off-highway motorcycles with engines that have 
total displacement of 70 cc or less to the exhaust emission standards 
in Sec.  1051.615 instead of certifying them to the exhaust emission 
standards of this section. Count all such vehicles in the phase-in 
(percent) requirements of this section.
    (b) The exhaust emission standards in this section apply for off-
highway motorcycles using the fuel type on which they are designed to 
operate. You must meet the numerical emission standards for 
hydrocarbons in this section based on the following types of 
hydrocarbon emissions for off-highway

[[Page 54909]]

motorcycles powered by the following fuels:
* * * * *
    (c) Your off-highway motorcycles must meet emission standards over 
their full useful life. For off-highway motorcycles with engines that 
have total displacement greater than 70 cc, the minimum useful life is 
10,000 kilometers or five years, whichever comes first. For off-highway 
motorcycles with engines that have total displacement of 70 cc or less, 
the minimum useful life is 5,000 kilometers or five years, whichever 
comes first. You must specify a longer useful life for the engine 
family in terms of kilometers if the average service life of your 
vehicles is longer than the minimum value, as follows:
* * * * *
    206. Section 1051.107 is amended by revising paragraphs (a), (b) 
introductory text, and (c) introductory text to read as follows:


Sec.  1051.107  What are the exhaust emission standards for all-terrain 
vehicles (ATVs) and offroad utility vehicles?

* * * * *
    (a) Apply the exhaust emission standards in this section by model 
year. Measure emissions with the ATV test procedures in subpart F of 
this part.
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may generate or use emission credits under the averaging, banking, 
and trading (ABT) program for HC+NOX emissions, as described 
in subpart H of this part. This requires that you specify a family 
emission limit for each pollutant you include in the ABT program for 
each engine family. These family emission limits serve as the emission 
standards for the engine family with respect to all required testing 
instead of the standards specified in this section. An engine family 
meets emission standards even if its family emission limit is higher 
than the standard, as long as you show that the whole averaging set of 
applicable engine families meet the applicable emission standards using 
emission credits, and the vehicles within the family meet the family 
emission limit. Table 1 also shows the maximum value you may specify 
for a family emission limit. The phase-in values in the table specify 
the percentage of your total U.S.-directed production that must comply 
with the emission standards for those model years. Calculate this 
compliance percentage based on a simple count of production units 
within the engine family. This applies to your total production of ATVs 
and offroad utility vehicles that are subject to the standards of this 
part; including both ATVs and offroad utility vehicles subject to the 
standards of this section and ATVs and offroad utility vehicles 
certified to the standards of other sections in this part 1051 (such as 
Sec.  1051.615, but not including vehicles certified under other parts 
in this chapter (such as 40 CFR part 90). Table 1 follows:

                     Table 1 of Sec.   1051.107.--Exhaust Emission Standards for ATVs (g/km)
----------------------------------------------------------------------------------------------------------------
                                                                 Emission standards     Maximum allowable family
                                                   Phase-in  --------------------------      emission limits
            Phase                 Model year      (percent)                            -------------------------
                                                                 HC+NOX         CO         HC+NOX         CO
----------------------------------------------------------------------------------------------------------------
Phase 1......................  2006............           50          1.5           35         20.0  ...........
                               2007 and later..          100          1.5           35         20.0
----------------------------------------------------------------------------------------------------------------

    (2) You may certify ATVs with engines that have total displacement 
of less than 100 cc to the exhaust emission standards in Sec.  1051.615 
instead of certifying them to the exhaust emission standards of this 
section. Count all such vehicles in the phase-in (percent) requirements 
of this section.
    (b) The exhaust emission standards in this section apply for ATVs 
using the fuel type on which they are designed to operate. You must 
meet the numerical emission standards for hydrocarbons in this section 
based on the following types of hydrocarbon emissions for ATVs powered 
by the following fuels:
* * * * *
    (c) Your ATVs must meet emission standards over their full useful 
life (Sec.  1051.240 describes how to use deterioration factors to show 
this). For ATVs with engines that have total displacement of 100 cc or 
greater, the minimum useful life is 10,000 kilometers, 1000 hours of 
engine operation, or five years, whichever comes first. For ATVs with 
engines that have total displacement of less than 100 cc, the minimum 
useful life is 5,000 kilometers, 500 hours of engine operation, or five 
years, whichever comes first. You must specify a longer useful life for 
the engine family in terms of kilometers and hours if the average 
service life of your vehicles is longer than the minimum value, as 
follows:
* * * * *
    207. Section 1051.110 is amended by revising paragraph (a) to read 
as follows:


Sec.  1051.110  What evaporative emission standards must my vehicles 
meet?

* * * * *
    (a) Beginning with the 2008 model year, permeation emissions from 
your vehicle's fuel tank(s) may not exceed 1.5 grams per square-meter 
per day when measured with the test procedures for tank permeation in 
subpart F of this part. You may generate or use emission credits under 
the averaging, banking, and trading (ABT) program, as described in 
subpart H of this part.
* * * * *
    208. Section 1051.115 is amended by removing and reserving 
paragraph (b) and revising paragraphs (a), (c), and (f) to read as 
follows:


Sec.  1051.115  What other requirements must my vehicles meet?

* * * * *
    (a) Closed crankcase. Crankcase emissions may not be discharged 
directly into the ambient atmosphere from any vehicle.
* * * * *
    (c) Adjustable parameters. Vehicles that have adjustable parameters 
must meet all the requirements of this part for any adjustment in the 
physically adjustable range. Note that parameters that control the air-
fuel ratio may be treated separately under paragraph (d) of this 
section. An operating parameter is not considered adjustable if you 
permanently seal it or if it is not normally accessible using ordinary 
tools. We may require that you set adjustable parameters to any 
specification within the adjustable range during any testing, including 
certification testing, production-line testing, or in-use testing.
* * * * *
    (f) Defeat devices. You may not equip your vehicles with a defeat 
device. A defeat device is an auxiliary emission-control device that 
reduces the effectiveness of emission controls under conditions that 
the vehicle may reasonably be expected to encounter during normal 
operation and use. This

[[Page 54910]]

does not apply to auxiliary emission-control devices you identify in 
your certification application if any of the following is true:
    (1) The conditions of concern were substantially included in the 
applicable test procedures described in subpart F of this part.
    (2) You show your design is necessary to prevent vehicle damage or 
accidents.
    (3) The reduced effectiveness applies only to starting the engine.
* * * * *
    209. Section 1051.120 is revised to read as follows:


Sec.  1051.120  What emission-related warranty requirements apply to 
me?

    (a) General requirements. You must warrant to the ultimate 
purchaser and each subsequent purchaser that the new engine, including 
all parts of its emission-control system, meets two conditions:
    (1) It is designed, built, and equipped so it conforms at the time 
of sale to the ultimate purchaser with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may 
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid 
for at least 50 percent of the vehicle's minimum useful life in 
kilometers or hours of engine operation (where applicable), or at least 
30 months, whichever comes first. You may offer an emission-related 
warranty more generous than we require. The emission-related warranty 
for the engine may not be shorter than any published warranty you offer 
without charge for the engine. Similarly, the emission-related warranty 
for any component may not be shorter than any published warranty you 
offer without charge for that component. If you provide an extended 
warranty to individual owners for any components covered in paragraph 
(c) of this section for an additional charge, your emission-related 
warranty must cover those components for those owners to the same 
degree. If a vehicle has no odometer, base warranty periods in this 
paragraph (b) only on the vehicle's age (in years). The warranty period 
begins when the engine is placed into service.
    (c) Components covered. The emission-related warranty covers all 
components whose failure would increase an engine's emissions of any 
pollutant. This includes components listed in 40 CFR part 1068, 
Appendix I, and components from any other system you develop to control 
emissions. The emission-related warranty covers these components even 
if another company produces the component. Your emission-related 
warranty does not cover components whose failure would not increase an 
engine's emissions of any pollutant.
    (d) Limited applicability. You may deny warranty claims under this 
section if the operator caused the problem through improper maintenance 
or use, as described in 40 CFR 1068.115. You may ask us to allow you to 
exclude from your emission-related warranty certified vehicles that 
have been used significantly for competition, especially certified 
motorcycles that meet at least four of the criteria in Sec.  
1051.620(b)(1).
    (e) Owners manual. Describe in the owners manual the emission-
related warranty provisions from this section that apply to the engine.
    210. Section 1051.125 is revised to read as follows:


Sec.  1051.125  What maintenance instructions must I give to buyers?

    Give the ultimate purchaser of each new vehicle written 
instructions for properly maintaining and using the vehicle, including 
the emission-control system. The maintenance instructions also apply to 
service accumulation on your emission-data vehicles, as described in 
Sec.  1051.240, Sec.  1051.245, and 40 CFR part 1065.
    (a) Critical emission-related maintenance. Critical emission-
related maintenance includes any adjustment, cleaning, repair, or 
replacement of critical emission-related components. This may also 
include additional emission-related maintenance that you determine is 
critical if we approve it in advance. You may schedule critical 
emission-related maintenance on these components if you meet the 
following conditions:
    (1) You demonstrate that the maintenance is reasonably likely to be 
done at the recommended intervals on in-use vehicles. We will accept 
scheduled maintenance as reasonably likely to occur if you satisfy any 
of the following conditions:
    (i) You present data showing that, if a lack of maintenance 
increases emissions, it also unacceptably degrades the vehicle's 
performance.
    (ii) You present survey data showing that at least 80 percent of 
vehicles in the field get the maintenance you specify at the 
recommended intervals.
    (iii) You provide the maintenance free of charge and clearly say so 
in maintenance instructions for the customer.
    (iv) You otherwise show us that the maintenance is reasonably 
likely to be done at the recommended intervals.
    (2) You may not schedule critical emission-related maintenance 
within the minimum useful life period for aftertreatment devices, 
pulse-air valves, fuel injectors, oxygen sensors, electronic control 
units, superchargers, or turbochargers.
    (b) Recommended additional maintenance. You may recommend any 
additional amount of maintenance on the components listed in paragraph 
(a) of this section, as long as you state clearly that these 
maintenance steps are not necessary to keep the emission-related 
warranty valid. If operators do the maintenance specified in paragraph 
(a) of this section, but not the recommended additional maintenance, 
this does not allow you to disqualify those vehicles from in-use 
testing or deny a warranty claim. Do not take these maintenance steps 
during service accumulation on your emission-data vehicles.
    (c) Special maintenance. You may specify more frequent maintenance 
to address problems related to special situations, such as atypical 
vehicle operation. You must clearly state that this additional 
maintenance is associated with the special situation you are 
addressing.
    (d) Noncritical emission-related maintenance. You may schedule any 
amount of emission-related inspection or maintenance that is not 
covered by paragraph (a) of this section, as long as you state in the 
owners manual that these steps are not necessary to keep the emission-
related warranty valid. If operators fail to do this maintenance, this 
does not allow you to disqualify those vehicles from in-use testing or 
deny a warranty claim. Do not take these inspection or maintenance 
steps during service accumulation on your emission-data vehicles.
    (e) Maintenance that is not emission-related. For maintenance 
unrelated to emission controls, you may schedule any amount of 
inspection or maintenance. You may also take these inspection or 
maintenance steps during service accumulation on your emission-data 
vehicles, as long as they are reasonable and technologically necessary. 
This might include adding engine oil, or adjusting chain tension, 
clutch position, or tire pressure. You may perform this nonemission-
related maintenance on emission-data vehicles at the least frequent 
intervals that you recommend to the ultimate purchaser (but not the 
intervals recommended for severe service).
    (f) Source of parts and repairs. State clearly on the first page of 
your written maintenance instructions that a repair shop or person of 
the owner's choosing may maintain, replace, or repair emission-control 
devices and systems.

[[Page 54911]]

Your instructions may not require components or service identified by 
brand, trade, or corporate name. Also, do not directly or indirectly 
condition your warranty on a requirement that the vehicle be serviced 
by your franchised dealers or any other service establishments with 
which you have a commercial relationship. You may disregard the 
requirements in this paragraph (f) if you do one of two things:
    (1) Provide a component or service without charge under the 
purchase agreement.
    (2) Get us to waive this prohibition in the public's interest by 
convincing us the vehicle will work properly only with the identified 
component or service.
    (g) Payment for scheduled maintenance. Owners are responsible for 
properly maintaining their vehicles. This generally includes paying for 
scheduled maintenance. However, manufacturers must pay for scheduled 
maintenance during the useful life if it meets all the following 
criteria:
    (1) Each affected component was not in general use on similar 
vehicles before the 2006 model year.
    (2) The primary function of each affected component is to reduce 
emissions.
    (3) The cost of the scheduled maintenance is more than 2 percent of 
the price of the vehicle.
    (4) Failure to perform the maintenance would not cause clear 
problems that would significantly degrade the vehicle's performance.
    (h) Owners manual. Explain the owner's responsibility for proper 
maintenance in the owners manual.
    211. Section 1051.130 is revised to read as follows:


Sec.  1051.130  What installation instructions must I give to vehicle 
manufacturers?

    (a) If you sell an engine for someone else to install in a piece of 
nonroad equipment, give the engine installer instructions for 
installing it consistent with the requirements of this part. Include 
all information necessary to ensure that an engine will be installed in 
its certified configuration.
    (b) Make sure these instructions have the following information:
    (1) Include the heading: ``Emission-related installation 
instructions''.
    (2) State: ``Failing to follow these instructions when installing a 
certified engine in a piece of nonroad equipment violates federal law 
(40 CFR 1068.105(b)), subject to fines or other penalties as described 
in the Clean Air Act.''.
    (3) Describe the instructions needed to properly install the 
exhaust system and any other components. Include instructions 
consistent with the requirements of Sec.  1051.205(r).
    (4) Describe the steps needed to comply with the evaporative 
emission standards in Sec.  1051.110.
    (5) Describe any limits on the range of applications needed to 
ensure that the engine operates consistently with your application for 
certification. For example, if your engines are certified only to the 
snowmobile standards, tell vehicle manufacturers not to install the 
engines in other vehicles.
    (6) Describe any other instructions to make sure the installed 
engine will operate according to design specifications in your 
application for certification. This may include, for example, 
instructions for installing aftertreatment devices when installing the 
engines.
    (7) State: ``If you install the engine in a way that makes the 
engine's emission control information label hard to read during normal 
engine maintenance, you must place a duplicate label on the vehicle, as 
described in 40 CFR 1068.105.''.
    (c) You do not need installation instructions for engines you 
install in your own vehicles.
    (d) Provide instructions in writing or in an equivalent format. For 
example, you may post instructions on a publicly available website for 
downloading or printing. If you do not provide the instructions in 
writing, explain in your application for certification how you will 
ensure that each installer is informed of the installation 
requirements.
    212. Section 1051.135 is revised to read as follows:


Sec.  1051.135  How must I label and identify the vehicles I produce?

    Each of your vehicles must have three labels: a vehicle 
identification number as described in paragraph (a) of this section, an 
emission control information label as described in paragraphs (b) 
through (e) of this section, and a consumer information label as 
described in paragraph (g) of this section.
    (a) Assign each vehicle a unique identification number and 
permanently affix, engrave, or stamp it on the vehicle in a legible 
way.
    (b) At the time of manufacture, affix a permanent and legible 
emission control information label identifying each vehicle. The label 
must be--
    (1) Attached so it is not removable without being destroyed or 
defaced.
    (2) Secured to a part of the vehicle (or engine) needed for normal 
operation and not normally requiring replacement.
    (3) Durable and readable for the vehicle's entire life.
    (4) Written in English.
    (c) The label must--
    (1) Include the heading ``EMISSION CONTROL INFORMATION''.
    (2) Include your full corporate name and trademark. You may 
identify another company and use its trademark instead of yours if you 
comply with the provisions of Sec.  1051.645.
    (3) Include EPA's standardized designation for the exhaust and 
evaporative engine families, as described in Sec.  1051.230.
    (4) State the engine's displacement (in liters) and maximum engine 
power. You may omit this from the emission control information label if 
the vehicle is permanently labeled with a unique model name that 
corresponds to a specific displacement or power configuration. Also, 
you may omit displacement from the label if all the engines in the 
engine family have the same per-cylinder displacement and total 
displacement.
    (5) State: ``THIS VEHICLE IS CERTIFIED TO OPERATE ON [specify 
operating fuel or fuels].''.
    (6) State the date of manufacture [MONTH and YEAR]. You may omit 
this from the label if you keep a record of the engine-manufacture 
dates and provide it to us upon request, or if you stamp the date on 
the engine and print it in the owners manual.
    (7) State the exhaust emission standards or FELs to which the 
vehicles are certified.
    (8) Identify the emission-control system. Use terms and 
abbreviations consistent with SAE J1930 (incorporated by reference in 
Sec.  1051.810). You may omit this information from the label if there 
is not enough room for it and you put it in the owners manual instead.
    (9) List specifications and adjustments for engine tuneups; show 
the proper position for the transmission during tuneup and state which 
accessories should be operating.
    (10) Identify any requirements for fuel and lubricants. You may 
omit this information from the label if there is not enough room for it 
and you put it in the owners manual instead.
    (11) State the useful life for your engine family if it is 
different than the minimum value.
    (12) State: ``THIS VEHICLE MEETS U.S. EPA REGULATIONS FOR [MODEL 
YEAR] [SNOWMOBILES or OFF-ROAD MOTORCYCLES or ATVs or OFFROAD UTILITY 
VEHICLES].''.
    (d) You may add information to the emission control information 
label to identify other emission standards that the vehicle meets or 
does not meet (such as California standards). You may also add other 
information to ensure that the

[[Page 54912]]

engine will be properly maintained and used.
    (e) You may ask us to approve modified labeling requirements in 
this part 1051 if you show that it is necessary or appropriate. We will 
approve your request if your alternate label is consistent with the 
requirements of this part.
    (f) If you obscure the engine label while installing the engine in 
the equipment, you must place a duplicate label on the equipment. If 
others install your engine in their equipment in a way that obscures 
the engine label, we require them to add a duplicate label on the 
equipment (see 40 CFR 1068.105); in that case, give them the number of 
duplicate labels they request and keep the following records for at 
least five years:
    (1) Written documentation of the request from the equipment 
manufacturer.
    (2) The number of duplicate labels you send and the date you sent 
them.
    (g) Label every vehicle certified under this part with a removable 
hang-tag showing its emission characteristics relative to other models. 
The label should be attached securely to the vehicle before it is 
offered for sale in such a manner that it would not be accidentally 
removed prior to sale. Use the applicable equations of this paragraph 
(g) to determine the normalized emission rate (NER) from the FEL for 
your vehicle. If the vehicle is certified without using the averaging 
provisions of subpart H, use the final deteriorated emission level. 
Round the resulting normalized emission rate for your vehicle to one 
decimal place. We may specify a standardized format for labels. At a 
minimum, the tag should include: the manufacturer's name, vehicle model 
name, engine description (500 cc two-stroke with DFI), the NER, and a 
brief explanation of the scale (for example, note that 0 is the 
cleanest and 10 is the least clean).
    (1) For snowmobiles, use the following equation:

NER = 16.61 x log(2.667 x HC + CO) - 38.22


Where:

    HC and CO are the cycle-weighted FELs (or emission rates) for 
hydrocarbons and carbon monoxide in g/kW-hr.

    (2)(i) For off-highway motorcycles certified to the standards in 
Sec.  1051.105, use the equations specified below.
    (A) If the vehicle has HC + NOX emissions less than or 
equal to 2.0 g/km, use the following equation:

NER = 2.500 x (HC + NOX)


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/km.

    (B) If the vehicle has HC + NOX emissions greater than 
2.0 g/km, use the following equation:

NER = 5.000 x log(HC + NOX) + 3.495


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/km.

    (ii) For off-highway motorcycles certified to the standards in 
Sec.  1051.615(b), use the following equation:

NER = 8.782 x log(HC + NOX) - 5.598


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/kW-hr.

    (3)(i) For ATVs certified to the standards in Sec.  1051.107, use 
the equations specified below.
    (A) If the vehicle has HC + NOX emissions less than or 
equal to 1.5 g/km, use the following equation:

NER = 3.333 x (HC + NOX)


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/km.

    (B) If the vehicle has HC + NOX emissions greater than 
1.5 g/km, use the following equation:

NER = 4.444 x log(HC + NOX) + 4.217


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/km.

    (ii) For ATVs certified to the standards in Sec.  1051.615(a), use 
the following equation:

NER = 8.782 x log(HC + NOX) - 7.277


Where:

    HC + NOX is the FEL (or the sum of the cycle-weighted 
emission rates) for hydrocarbons and oxides of nitrogen in g/kW-hr.

    213. Section 1051.145 is amended by removing and reserving 
paragraph (c), adding paragraphs (a)(3)(v) and (a)(3)(vi), and revising 
paragraphs (b)(3) and (e) to read as follows:


Sec.  1051.145  What provisions apply only for a limited time?

* * * * *
    (a) * * *
    (3) * * *
    (v) If your engines do not meet the criteria listed in paragraph 
(a) of this section, they will be subject to the provisions of this 
part. Introducing these engines into commerce without a valid exemption 
or certificate of conformity violates the prohibitions in 40 CFR 
1068.101.
    (vi) Engines exempted under this paragraph (a)(3) are subject to 
all the requirements affecting engines under 40 CFR part 90. The 
requirements and restrictions of 40 CFR part 90 apply to anyone 
manufacturing these engines, anyone manufacturing equipment that uses 
these engines, and all other persons in the same manner as other 
engines subject to 40 CFR part 90.
* * * * *
    (b) * * *
    (3) For ATVs certified to the standards in this paragraph (b), use 
the following equations to determine the normalized emission rate 
required by Sec.  1051.135(g):
    (i) For engines above 225 cc, use the following equation:

NER = 9.898 x log(HC + NOX) - 4.898


Where:

    HC + NOX is the sum of the cycle-weighted emission rates 
for hydrocarbons and oxides of nitrogen in g/kW-hr.

    (ii) For engines below 225 cc, use the following equation:

NER = 9.898 x log((HC + NOX) x 0.83) - 4.898


Where:
    HC + NOX is the sum of the cycle-weighted emission rates 
for hydrocarbons and oxides of nitrogen in g/kW-hr.
* * * * *
    (e) Raw sampling procedures. You may use the raw sampling 
procedures described in 40 CFR part 91, subparts D and E, for emission 
testing certain vehicles as follows:
    (1) Snowmobile. You may use raw sampling for snowmobiles before the 
2010 model year. For 2010 and later model years, you may use these 
procedures if you show that they produce emission measurements 
equivalent to the otherwise specified test procedures.
    (2) ATV. You may use raw sampling for ATVs certified to the 
standard in Sec.  1051.615 before the 2011 model year. You may use raw 
sampling for ATVs certified to the standard in Sec.  1051.107 before 
the 2009 model year. For later model years, you may use these 
procedures if you show that they produce emission measurements

[[Page 54913]]

equivalent to the otherwise specified test procedures.
* * * * *
    214. Section 1051.201 is revised to read as follows:


Sec.  1051.201  What are the general requirements for obtaining a 
certificate of conformity?

    (a) You must send us a separate application for a certificate of 
conformity for each engine family. A certificate of conformity is valid 
from the indicated effective date until December 31 of the model year 
for which it is issued.
    (b) The application must contain all the information required by 
this part and must not include false or incomplete statements or 
information (see Sec.  1051.255).
    (c) We may ask you to include less information than we specify in 
this subpart, as long as you maintain all the information required by 
Sec.  1051.250.
    (d) You must use good engineering judgment for all decisions 
related to your application (see 40 CFR 1068.5).
    (e) An authorized representative of your company must approve and 
sign the application.
    (f) See Sec.  1051.255 for provisions describing how we will 
process your application.
    (g) We may require you to deliver your test vehicles or engines to 
a facility we designate for our testing (see Sec.  1051.235(c)).
    215. Section 1051.205 is revised to read as follows:


Sec.  1051.205  What must I include in my application?

    This section specifies the information that must be in your 
application, unless we ask you to include less information under Sec.  
1051.201(c). We may require you to provide additional information to 
evaluate your application.
    (a) Describe the engine family's specifications and other basic 
parameters of the vehicle's design and emission controls. List the fuel 
type on which your engines are designed to operate (for example, 
gasoline, liquefied petroleum gas, methanol, or natural gas). List 
vehicle configurations and model names that are included in the engine 
family.
    (b) Explain how the emission-control system operates. Describe the 
evaporative emission controls. Also describe in detail all system 
components for controlling exhaust emissions, including all auxiliary-
emission control devices (AECDs) and all fuel-system components you 
will install on any production or test vehicle or engine. Identify the 
part number of each component you describe. For this paragraph (b), 
treat as separate AECDs any devices that modulate or activate 
differently from each other. Include all the following:
    (1) Give a general overview of the engine, the emission-control 
strategies, and all AECDs.
    (2) Describe each AECD's general purpose and function.
    (3) Identify the parameters that each AECD senses (including 
measuring, estimating, calculating, or empirically deriving the 
values). Include vehicle-based parameters and state whether you 
simulate them during testing with the applicable procedures.
    (4) Describe the purpose for sensing each parameter.
    (5) Identify the location of each sensor the AECD uses.
    (6) Identify the threshold values for the sensed parameters that 
activate the AECD.
    (7) Describe the parameters that the AECD modulates (controls) in 
response to any sensed parameters, including the range of modulation 
for each parameter, the relationship between the sensed parameters and 
the controlled parameters and how the modulation achieves the AECD's 
stated purpose. Use graphs and tables, as necessary.
    (8) Describe each AECD's specific calibration details. This may be 
in the form of data tables, graphical representations, or some other 
description.
    (9) Describe the hierarchy among the AECDs when multiple AECDs 
sense or modulate the same parameter. Describe whether the strategies 
interact in a comparative or additive manner and identify which AECD 
takes precedence in responding, if applicable.
    (10) Explain the extent to which the AECD is included in the 
applicable test procedures specified in subpart F of this part.
    (11) Do the following additional things for AECDs designed to 
protect engines or vehicles:
    (i) Identify the engine and/or vehicle design limits that make 
protection necessary and describe any damage that would occur without 
the AECD.
    (ii) Describe how each sensed parameter relates to the protected 
components' design limits or those operating conditions that cause the 
need for protection.
    (iii) Describe the relationship between the design limits/
parameters being protected and the parameters sensed or calculated as 
surrogates for those design limits/parameters, if applicable.
    (iv) Describe how the modulation by the AECD prevents engines and/
or equipment from exceeding design limits.
    (v) Explain why it is necessary to estimate any parameters instead 
of measuring them directly and describe how the AECD calculates the 
estimated value, if applicable.
    (vi) Describe how you calibrate the AECD modulation to activate 
only during conditions related to the stated need to protect components 
and only as needed to sufficiently protect those components in a way 
that minimizes the emission impact.
    (c) [Reserved]
    (d) Describe the vehicles or engines you selected for testing and 
the reasons for selecting them.
    (e) Describe the test equipment and procedures that you used, 
including any special or alternate test procedures you used (see Sec.  
1051.501).
    (f) Describe how you operated the emission-data vehicle before 
testing, including the duty cycle and the extent of engine operation 
used to stabilize emission levels. Explain why you selected the method 
of service accumulation. Describe any scheduled maintenance you did.
    (g) List the specifications of the test fuel to show that it falls 
within the required ranges we specify in 40 CFR part 1065.
    (h) Identify the engine family's useful life.
    (i) Include the maintenance instructions you will give to the 
ultimate purchaser of each new vehicle (see Sec.  1051.125).
    (j) Include the emission-related installation instructions you will 
provide if someone else installs your engines in a vehicle (see Sec.  
1051.130).
    (k) Describe the labels you create to meet the requirements of 
Sec.  1051.135.
    (l) Identify the exhaust emission standards or FELs to which you 
are certifying engines in the engine family.
    (m) Identify the engine family's deterioration factors and describe 
how you developed them (see Sec.  1051.245). Present any emission test 
data you used for this.
    (n) State that you operated your emission-data vehicles as 
described in the application (including the test procedures, test 
parameters, and test fuels) to show you meet the requirements of this 
part.
    (o) Present emission data to show that you meet emission standards, 
as follows:
    (1) Present emission data for hydrocarbons (such as NMHC or THCE, 
as applicable), NOX, and CO on an emission-data vehicle to 
show your vehicles meet the applicable exhaust emission standards we 
specify in

[[Page 54914]]

subpart B of this part. Show emission figures before and after applying 
deterioration factors for each vehicle or engine. If we specify more 
than one grade of any fuel type (for example, a summer grade and winter 
grade of gasoline), you need to submit test data only for one grade, 
unless the regulations of this part specify otherwise for your engine.
    (2) Present evaporative test data for HC to show your vehicles meet 
the evaporative emission standards we specify in subpart B of this 
part. Show emission figures before and after applying deterioration 
factors for each vehicle or engine, where applicable. If you did not 
perform the testing, identify the source of the test data.
    (3) Note that Sec.  1051.235 and Sec.  1051.245 allow you to submit 
an application in certain cases without new emission data.
    (p) Report all test results, including those from invalid tests or 
from any other tests, whether or not they were conducted according to 
the test procedures of subpart F of this part. If you measure 
CO2, report those emission levels. We may ask you to send 
other information to confirm that your tests were valid under the 
requirements of this part and 40 CFR part 1065.
    (q) Describe all adjustable operating parameters (see Sec.  
1051.115(e)), including production tolerances. Include the following in 
your description of each parameter:
    (1) The nominal or recommended setting.
    (2) The intended physically adjustable range.
    (3) The limits or stops used to establish adjustable ranges.
    (4) Information showing why the limits, stops, or other means of 
inhibiting adjustment are effective in preventing adjustment of 
parameters on in-use engines to settings outside your intended 
physically adjustable ranges.
    (r) Confirm that your emission-related installation instructions 
specify how to ensure that sampling of exhaust emissions will be 
possible after engines are installed in equipment and placed in 
service. If this cannot be done by simply adding a 20-centimeter 
extension to the exhaust pipe, show how to sample exhaust emissions in 
a way that prevents diluting the exhaust sample with ambient air.
    (s) Unconditionally certify that all the vehicles and/or engines in 
the engine family comply with the requirements of this part, other 
referenced parts of the CFR, and the Clean Air Act.
    (t) Include estimates of U.S.-directed production volumes.
    (u) Include the information required by other subparts of this 
part. For example, include the information required by Sec.  1051.725 
if you participate in the ABT program.
    (v) Include other applicable information, such as information 
specified in this part or part 1068 of this chapter related to requests 
for exemptions.
    216. Section 1051.210 is revised to read as follows:


Sec.  1051.210  May I get preliminary approval before I complete my 
application?

    If you send us information before you finish the application, we 
will review it and make any appropriate determinations, especially for 
questions related to engine family definitions, auxiliary emission-
control devices, deterioration factors, testing for service 
accumulation, and maintenance. Decisions made under this section are 
considered to be preliminary approval, subject to final review and 
approval. If you request preliminary approval related to the upcoming 
model year or the model year after that, we will make best-efforts to 
make the appropriate determinations as soon as practicable. We will 
generally not provide preliminary approval related to a future model 
year more than two years ahead of time.


Sec.  1051.215  [Removed]

    217. Section 1051.215 is removed.
    218. Section 1051.220 is revised to read as follows:


Sec.  1051.220  How do I amend the maintenance instructions in my 
application?

    You may amend your emission-related maintenance instructions after 
you submit your application for certification, as long as the amended 
instructions remain consistent with the provisions of Sec.  1051.125. 
You must send the Designated Compliance Officer a request to amend your 
application for certification for an engine family if you want to 
change the emission-related maintenance instructions in a way that 
could affect emissions. In your request, describe the proposed changes 
to the maintenance instructions. We will disapprove your request if we 
determine that the amended instructions are inconsistent with 
maintenance you performed on emission-data vehicles.
    (a) If you are decreasing the specified maintenance, you may 
distribute the new maintenance instructions to your customers 30 days 
after we receive your request, unless we disapprove your request. We 
may approve a shorter time or waive this requirement.
    (b) If your requested change would not decrease the specified 
maintenance, you may distribute the new maintenance instructions 
anytime after you send your request. For example, this paragraph (b) 
would cover adding instructions to increase the frequency of a 
maintenance step for engines in severe-duty applications.
    (c) You need not request approval if you are making only minor 
corrections (such as correcting typographical mistakes), clarifying 
your maintenance instructions, or changing instructions for maintenance 
unrelated to emission control.
    219. Section 1051.225 is revised to read as follows:


Sec.  1051.225  How do I amend my application for certification to 
include new or modified vehicles or to change an FEL?

    Before we issue you a certificate of conformity, you may amend your 
application to include new or modified vehicle configurations, subject 
to the provisions of this section. After we have issued your 
certificate of conformity, you may send us an amended application 
requesting that we include new or modified vehicle configurations 
within the scope of the certificate, subject to the provisions of this 
section. You must amend your application if any changes occur with 
respect to any information included in your application.
    (a) You must amend your application before you take any of the 
following actions:
    (1) Add a vehicle (that is, an additional vehicle configuration) to 
an engine family. In this case, the vehicle added must be consistent 
with other vehicles in the engine family with respect to the criteria 
listed in Sec.  1051.230.
    (2) Change a vehicle already included in an engine family in a way 
that may affect emissions, or change any of the components you 
described in your application for certification. This includes 
production and design changes that may affect emissions any time during 
the engine's lifetime.
    (3) Modify an FEL for an engine family, as described in paragraph 
(f) of this section.
    (b) To amend your application for certification, send the 
Designated Compliance Officer the following information:
    (1) Describe in detail the addition or change in the vehicle model 
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the 
amended engine family complies with all applicable requirements. You 
may do this by

[[Page 54915]]

showing that the original emission-data vehicle is still appropriate 
with respect to showing compliance of the amended family with all 
applicable requirements.
    (3) If the original emission-data vehicle for the engine family is 
not appropriate to show compliance for the new or modified vehicle, 
include new test data showing that the new or modified vehicle meets 
the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You 
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of 
conformity, we will determine whether the existing certificate of 
conformity covers your new or modified vehicle. You may ask for a 
hearing if we deny your request (see Sec.  1051.820).
    (e) For engine families already covered by a certificate of 
conformity, you may start producing the new or modified vehicle anytime 
after you send us your amended application, before we make a decision 
under paragraph (d) of this section. However, if we determine that the 
affected vehicles do not meet applicable requirements, we will notify 
you to cease production of the vehicles and may require you to recall 
the vehicles at no expense to the owner. Choosing to produce vehicles 
under this paragraph (e) is deemed to be consent to recall all vehicles 
that we determine do not meet applicable emission standards or other 
requirements and to remedy the nonconformity at no expense to the 
owner. If you do not provide information required under paragraph (c) 
of this section within 30 days, you must stop producing the new or 
modified vehicles.
    (f) You may ask to change your FEL in the following cases:
    (1) You may ask to raise your FEL after the start of production. 
You may not apply the higher FEL to engines you have already introduced 
into commerce. Use the appropriate FELs with corresponding sales 
volumes to calculate your average emission level, as described in 
subpart H of this part. In your request, you must demonstrate that you 
will still be able to comply with the applicable average emission 
standards as specified in subparts B and H of this part.
    (2) You may ask to lower the FEL for your engine family after the 
start of production only when you have test data from production 
vehicles indicating that your vehicles comply with the lower FEL. You 
may create a separate subfamily with the lower FEL. Otherwise, you must 
use the higher FEL for the family to calculate your average emission 
level under subpart H of this part.
    (3) If you change the FEL during production, you must include the 
new FEL on the emission control information label for all vehicles 
produced after the change.
    220. Section 1051.230 is revised to read as follows:


Sec.  1051.230  How do I select engine families?

    (a) Divide your product line into families of vehicles that are 
expected to have similar emission characteristics throughout the useful 
life. Except as specified in paragraph (f) of this section, you must 
have separate engine families for meeting exhaust and evaporative 
emissions. Your engine families are limited to a single model year.
    (b) For exhaust emissions, group vehicles in the same engine family 
if they are the same in all the following aspects:
    (1) The combustion cycle.
    (2) The cooling system (water-cooled vs. air-cooled).
    (3) Configuration of the fuel system (for example, port fuel 
injection vs. carburetion).
    (4) Method of air aspiration.
    (5) The number, location, volume, and composition of catalytic 
converters.
    (6) Type of fuel.
    (7) The number, arrangement, and approximate bore diameter of 
cylinders.
    (8) Numerical level of the emission standards that apply to the 
vehicle.
    (c) For evaporative emissions, group vehicles in the same engine 
family if fuel tanks are the same and fuel lines are the same 
considering all the following aspects:
    (1) Wall thickness.
    (2) Type of material (including additives such as pigments, 
plasticizers, and UV inhibitors).
    (3) Emission-control strategy.
    (d) You may subdivide a group of vehicles that is identical under 
paragraph (b) or (c) of this section into different engine families if 
you show the expected emission characteristics are different during the 
useful life.
    (e) You may group vehicles that are not identical with respect to 
the things listed in paragraph (b) or (c) of this section in the same 
engine family, as follows:
    (1) You may group such vehicles in the same engine family if you 
show that their emission characteristics during the useful life will be 
similar.
    (2) If you are a small-volume manufacturer, you may group engines 
from any vehicles subject to the same emission standards into a single 
engine family. This does not change any of the requirements of this 
part for showing that an engine family meets emission standards.
    (f) You may divide your product line into engine families based on 
a combined consideration of exhaust and evaporative emission-control 
systems, consistent with the requirements of this section. This would 
allow you to use a single engine-family designation for each engine 
family instead of having separate engine-family designations for 
exhaust and evaporative emission-control systems for each model.
    221. Section 1051.235 is revised to read as follows:


Sec.  1051.235  What emission testing must I perform for my application 
for a certificate of conformity?

    This section describes the emission testing you must perform to 
show compliance with the emission standards in subpart B of this part.
    (a) Test your emission-data vehicles using the procedures and 
equipment specified in subpart F of this part. Where specifically 
required or allowed, test the engine instead of the vehicle. For 
evaporative emissions, test the fuel system components separate from 
the vehicle.
    (b) Select from each engine family an emission-data vehicle, and a 
fuel system for each fuel type with a configuration that is most likely 
to exceed the emission standards, using good engineering judgment. 
Consider the emission levels of all exhaust constituents over the full 
useful life of the vehicle.
    (c) We may measure emissions from any of your test vehicles or 
engines (or any other vehicles or engines from the engine family), as 
follows:
    (1) We may decide to do the testing at your plant or any other 
facility. If we do this, you must deliver the test vehicle or engine to 
a test facility we designate. The test vehicle or engine you provide 
must include appropriate manifolds, after treatment devices, electronic 
control units, and other emission-related components not normally 
attached directly to the engine block. If we do the testing at your 
plant, you must schedule it as soon as possible and make available the 
instruments, personnel, and equipment we need.
    (2) If we measure emissions on one of your test vehicles or 
engines, the results of that testing become the official emission 
results. Unless we later invalidate these data, we may decide not to 
consider your data in determining if your engine family meets 
applicable requirements.
    (3) Before we test one of your vehicles or engines, we may set its 
adjustable

[[Page 54916]]

parameters to any point within the physically adjustable ranges (see 
Sec.  1051.115(c)).
    (4) Before we test one of your vehicles or engines, we may 
calibrate it within normal production tolerances for anything we do not 
consider an adjustable parameter.
    (d) You use previously generated emission data in the following 
cases:
    (1) You may ask to use emission data from a previous model year 
instead of doing new tests, but only if all the following are true:
    (i) The engine family from the previous model year differs from the 
current engine family only with respect to model year.
    (ii) The emission-data vehicle from the previous model year remains 
the appropriate emission-data vehicle under paragraph (b) of this 
section.
    (iii) The data show that the emission-data vehicle would meet all 
the requirements that apply to the engine family covered by the 
application for certification.
    (2) You may submit emission data for equivalent engine families 
performed to show compliance with other standards (such as California 
standards) instead of doing new tests, but only if the data show that 
the test vehicle or engine would meet all of this part's requirements.
    (3) You may submit evaporative emission data measured by a fuel 
system supplier. We may require you to verify that the testing was 
conducted in accordance with the applicable regulations.
    (e) We may require you to test a second vehicle or engine of the 
same or different configuration in addition to the vehicle or engine 
tested under paragraph (b) of this section.
    (f) If you use an alternate test procedure under 40 CFR 1065.10 and 
later testing shows that such testing does not produce results that are 
equivalent to the procedures specified in subpart F of this part, we 
may reject data you generated using the alternate procedure.
    (g) If you are a small-volume manufacturer, you may certify by 
design on the basis of preexisting exhaust emission data for similar 
technologies and other relevant information, and in accordance with 
good engineering judgment. In those cases, you are not required to test 
your vehicles. This is called ``design-certification'' or ``certifying 
by design.'' To certify by design, you must show that the technology 
used on your engines is sufficiently similar to the previously tested 
technology that a person reasonably familiar with emission-control 
technology would believe that your engines will comply with the 
emission standards.
    (h) For fuel tanks that are certified based on permeability 
treatments for plastic fuel tanks, you do not need to test each engine 
family. However, you must use good engineering judgment to determine 
permeation rates for the tanks. This requires that more than one fuel 
tank be tested for each set of treatment conditions. You may not use 
test data from a given tank for any other tanks that have thinner 
walls. You may, however, use test data from a given tank for other 
tanks that have thicker walls. This applies to both low-hour (i.e., 
baseline testing) and durability testing. Note that Sec.  1051.245 
allows you to use design-based certification instead of generating new 
emission data.
    222. Section 1051.240 is revised to read as follows:


Sec.  1051.240  How do I demonstrate that my engine family complies 
with exhaust emission standards?

    (a) For purposes of certification, your engine family is considered 
in compliance with the applicable numerical exhaust emission standards 
in subpart B of this part if all emission-data vehicles representing 
that family have test results showing deteriorated emission levels at 
or below these standards. (Note: if you participate in the ABT program 
in subpart H of this part, your FELs are considered to be the 
applicable emission standards with which you must comply.)
    (b) Your engine family is deemed not to comply if any emission-data 
vehicle representing that family has test results showing a 
deteriorated emission level above an applicable FEL or emission 
standard from subpart B of this part for any pollutant.
    (c) To compare emission levels from the emission-data vehicle with 
the applicable emission standards, apply deterioration factors to the 
measured emission levels. Section 1051.243 specifies how to test your 
vehicle to develop deterioration factors that represent the 
deterioration expected in emissions over your vehicle's full useful 
life. Your deterioration factors must take into account any available 
data from in-use testing with similar engines. Small-volume 
manufacturers may use assigned deterioration factors that we establish. 
Apply deterioration factors as follows:
    (1) For vehicles that use aftertreatment technology, such as 
catalytic converters, use a multiplicative deterioration factor for 
exhaust emissions. A multiplicative deterioration factor for a 
pollutant is the ratio of exhaust emissions at the end of the useful 
life and exhaust emissions at the low-hour test point. In these cases, 
adjust the official emission results for each tested vehicle or engine 
at the selected test point by multiplying the measured emissions by the 
deterioration factor. If the factor is less than one, use one. 
Multiplicative deterioration factors must be specified to three 
significant figures.
    (2) For vehicles that do not use aftertreatment technology, use an 
additive deterioration factor for exhaust emissions. An additive 
deterioration factor for a pollutant is the difference between exhaust 
emissions at the end of the useful life and exhaust emissions at the 
low-hour test point. In these cases, adjust the official emission 
results for each tested vehicle or engine at the selected test point by 
adding the factor to the measured emissions. If the factor is less than 
zero, use zero. Additive deterioration factors must be specified to one 
more decimal place than the applicable standard.
    (d) Collect emission data using measurements to one more decimal 
place than the applicable standard. Apply the deterioration factor to 
the official emission result, as described in paragraph (c) of this 
section, then round the adjusted figure to the same number of decimal 
places as the emission standard. Compare the rounded emission levels to 
the emission standard for each emission-data vehicle. In the case of 
HC+NOX standards, apply the deterioration factor to each 
pollutant and then add the results before rounding.
    223. A new Sec.  1051.243 is added to read as follows:


Sec.  1051.243  How do I determine deterioration factors from exhaust 
durability testing?

    Establish deterioration factors to determine whether your engines 
will meet emission standards for each pollutant throughout the useful 
life, as described in subpart B of this part and Sec.  1051.240. This 
section describes how to determine deterioration factors, either with 
pre-existing test data or with new emission measurements.
    (a) You may ask us to approve deterioration factors for an engine 
family based on emission measurements from similar vehicles or engines 
if you have already given us these data for certifying other vehicles 
in the same or earlier model years. Use good engineering judgment to 
decide whether the two vehicles or engines are similar. We will approve 
your request if you show us that the emission measurements from other 
vehicles or engines reasonably represent in-use

[[Page 54917]]

deterioration for the engine family for which you have not yet 
determined deterioration factors.
    (b) If you are unable to determine deterioration factors for an 
engine family under paragraph (a) of this section, select vehicles, 
engines, subsystems, or components for testing. Determine deterioration 
factors based on service accumulation and related testing to represent 
the deterioration expected from in-use vehicles over the full useful 
life, as follows:
    (1) You must measure emissions from the emission-data vehicle at a 
low-hour test point and the end of the useful life. You may also test 
at intermediate points.
    (2) Operate the vehicle or engine over a representative duty cycle 
for a period at least as long as the useful life (in hours or 
kilometers). You may operate the vehicle or engine continuously.
    (3) You may perform maintenance on emission-data vehicles as 
described in Sec.  1051.125 and 40 CFR part 1065, subpart E.
    (4) Use a linear least-squares fit of your test data for each 
pollutant to calculate your deterioration factor.
    (5) Use good engineering judgment for all aspects of the effort to 
establish deterioration factors under this paragraph (b).
    (6) You may use other testing methods to determine deterioration 
factors, consistent with good engineering judgment.
    (c) Include the following information in your application for 
certification:
    (1) If you use test data from a different engine family, explain 
why this is appropriate and include all the emission measurements on 
which you base the deterioration factor.
    (2) If you do testing to determine deterioration factors, describe 
the form and extent of service accumulation, including a rationale for 
selecting the service-accumulation period and the method you use to 
accumulate hours.
    224. Section 1051.245 is amended by revising paragraphs (a) 
introductory text, (b), (c), and (d) to read as follows:


Sec.  1051.245  How do I demonstrate that my engine family complies 
with evaporative emission standards?

    (a) For purposes of certification, your engine family is considered 
in compliance with the evaporative emission standards in subpart B of 
this part if you do either of the following:
* * * * *
    (b) Your engine family is deemed not to comply if any fuel tank or 
fuel line representing that family has test results showing a 
deteriorated emission level above the standard.
    (c) To compare emission levels with the emission standards, apply 
deterioration factors to the measured emission levels. For permeation 
emissions, use the following procedures to establish an additive 
deterioration factor, as described in Sec.  1051.240(c)(2):
    (1) Section 1051.515 specifies how to test your fuel tanks to 
develop deterioration factors. Small-volume manufacturers may use 
assigned deterioration factors that we establish. Apply the 
deterioration factors as follows:
    (i) Calculate the deterioration factor from emission tests 
performed before and after the durability tests as described in Sec.  
1051.515(c) and (d), using good engineering judgment. The durability 
tests described in Sec.  1051.515(d) represent the minimum requirements 
for determining a deterioration factor. You may not use a deterioration 
factor that is less than the difference between evaporative emissions 
before and after the durability tests as described in Sec.  1051.515(c) 
and (d).
    (ii) Do not apply the deterioration factor to test results for 
tanks that have already undergone these durability tests.
    (2) Determine the deterioration factor for fuel lines using good 
engineering judgment.
    (d) Collect emission data using measurements to one more decimal 
place than the applicable standard. Apply the deterioration factor to 
the official emission result, as described in paragraph (c) of this 
section, then round the adjusted figure to the same number of decimal 
places as the emission standard. Compare the rounded emission levels to 
the emission standard for each emission-data vehicle.
* * * * *
    225. Section 1051.250 is revised to read as follows:


Sec.  1051.250  What records must I keep and make available to EPA?

    (a) Organize and maintain the following records:
    (1) A copy of all applications and any summary information you send 
us.
    (2) Any of the information we specify in Sec.  1051.205 that you 
were not required to include in your application.
    (3) A detailed history of each emission-data vehicle. For each 
vehicle, describe all of the following:
    (i) The emission-data vehicle's construction, including its origin 
and buildup, steps you took to ensure that it represents production 
vehicles, any components you built specially for it, and all the 
components you include in your application for certification.
    (ii) How you accumulated vehicle or engine operating hours, 
including the dates and the number of hours accumulated.
    (iii) All maintenance, including modifications, parts changes, and 
other service, and the dates and reasons for the maintenance.
    (iv) All your emission tests, including documentation on routine 
and standard tests, as specified in 40 CFR part 1065, and the date and 
purpose of each test.
    (v) All tests to diagnose engine or emission-control performance, 
giving the date and time of each and the reasons for the test.
    (vi) Any other significant events.
    (4) Production figures for each engine family divided by assembly 
plant.
    (5) Keep a list of engine identification numbers for all the 
engines you produce under each certificate of conformity.
    (b) Keep data from routine emission tests (such as test cell 
temperatures and relative humidity readings) for one year after we 
issue the associated certificate of conformity. Keep all other 
information specified in paragraph (a) of this section for eight years 
after we issue your certificate.
    (c) Store these records in any format and on any media, as long as 
you can promptly send us organized, written records in English if we 
ask for them. You must keep these records readily available. We may 
review them at any time.
    (d) Send us copies of any maintenance instructions or explanations 
if we ask for them.
    226. Section 1051.255 is revised to read as follows:


Sec.  1051.255  What decisions may EPA make regarding my certificate of 
conformity?

    (a) If we determine your application is complete and shows that the 
engine family meets all the requirements of this part and the Act, we 
will issue a certificate of conformity for your engine family for that 
model year. We may make the approval subject to additional conditions.
    (b) We may deny your application for certification if we determine 
that your engine family fails to comply with emission standards or 
other requirements of this part or the Act. Our decision may be based 
on a review of all information available to us. If we deny your 
application, we will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke 
your certificate if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements.

[[Page 54918]]

    (2) Submit false or incomplete information (paragraph (e) of this 
section applies if this is fraudulent).
    (3) Render inaccurate any test data.
    (4) Deny us from completing authorized activities despite our 
presenting a warrant or court order (see 40 CFR 1068.20). This includes 
a failure to provide reasonable assistance.
    (5) Produce engines for importation into the United States at a 
location where local law prohibits us from carrying out authorized 
activities.
    (6) Fail to supply requested information or amend your application 
to include all engines being produced.
    (7) Take any action that otherwise circumvents the intent of the 
Act or this part.
    (d) We may void your certificate if you do not keep the records we 
require or do not give us information when we ask for it.
    (e) We may void your certificate if we find that you intentionally 
submitted false or incomplete information.
    (f) If we deny your application or suspend, revoke, or void your 
certificate, you may ask for a hearing (see Sec.  1051.820).
    227. The heading for subpart D is revised to read as follows:

Subpart D--Testing Production-line Vehicles and Engines

    228. Section 1051.301 is amended by revising paragraph (a) and 
adding paragraph (h) to read as follows:


Sec.  1051.301  When must I test my production-line vehicles or 
engines?

    (a) If you produce vehicles that are subject to the requirements of 
this part, you must test them as described in this subpart. If your 
vehicle is certified to g/kW-hr standards, then test the engine; 
otherwise, test the vehicle. The provisions of this subpart do not 
apply to small-volume manufacturers.
* * * * *
    (h) Vehicles certified to the following standards are exempt from 
the production-line testing requirements of this subpart if they are 
certified without participating in the averaging, banking, and trading 
program described in subpart H of this part:
    (1) Phase 1 or Phase 2 standards in Sec.  1051.103.
    (2) Phase 1 standards in Sec. Sec.  1051.105.
    (3) Phase 1 standards in Sec.  1051.107.
    (4) The standards in Sec.  1051.615.
    (5) The standards in Sec.  1051.145(b).
    229. Section 1051.305 is amended by revising paragraphs (d)(1), 
(e), (f), and (g) to read as follows:


Sec.  1051.305  How must I prepare and test my production-line vehicles 
or engines?

* * * * *
    (d) * * *
    (1) We may adjust or require you to adjust idle speed outside the 
physically adjustable range as needed only until the vehicle or engine 
has stabilized emission levels (see paragraph (e) of this section). We 
may ask you for information needed to establish an alternate minimum 
idle speed.
* * * * *
    (e) Stabilizing emission levels. Before you test production-line 
vehicles or engines, you may operate the vehicle or engine to stabilize 
the emission levels. Using good engineering judgment, operate your 
vehicles or engines in a way that represents the way they will be used. 
You may operate each vehicle or engine for no more than the greater of 
two periods:
    (1) 50 hours or 500 kilometers.
    (2) The number of hours or kilometers you operated the emission-
data vehicle used for certifying the engine family (see 40 CFR part 
1065, subpart E, or the applicable regulations governing how you should 
prepare your test vehicle or engine).
    (f) Damage during shipment. If shipping a vehicle or engine to a 
remote facility for production-line testing makes necessary an 
adjustment or repair, you must wait until after the initial emission 
test to do this work. We may waive this requirement if the test would 
be impossible or unsafe, or if it would permanently damage the vehicle 
or engine. Report to us, in your written report under Sec.  1051.345, 
all adjustments or repairs you make on test vehicles or engines before 
each test.
    (g) Retesting after invalid tests. You may retest a vehicle or 
engine if you determine an emission test is invalid under subpart F of 
this part. Explain in your written report reasons for invalidating any 
test and the emission results from all tests. If you retest a vehicle 
or engine, you may ask us to substitute results of the new tests for 
the original ones. You must ask us within ten days of testing. We will 
generally answer within ten days after we receive your information.
    230. Section 1051.310 is amended by revising paragraphs (c) 
introductory text, (c)(2), (f), (g), and (i) to read as follows:


Sec.  1051.310  How must I select vehicles or engines for production-
line testing?

* * * * *
    (c) Calculate the required sample size for each engine family. 
Separately calculate this figure for HC, NOX (or 
HC+NOX), and CO (and other regulated pollutants). The 
required sample size is the greater of these calculated values. Use the 
following equation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.003


Where:

N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the 
number of tests completed, n, as specified in the table in paragraph 
(c)(1) of this section. It defines 95% confidence intervals for a one-
tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard (or family emission limit, if applicable).
[sigma] = Test sample standard deviation (see paragraph (c)(2) of this 
section).
n = The number of tests completed in an engine family.
* * * * *
    (2) Calculate the standard deviation, [sigma], for the test sample 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TP10SE04.004


Where:
Xi = Emission test result for an individual vehicle or 
engine.
* * * * *
    (f) Distribute the remaining vehicle or engine tests evenly 
throughout the rest of the year. You may need to adjust your schedule 
for selecting vehicles or engines if the required sample size changes. 
Continue to randomly select vehicles or engines from each engine 
family.
    (g) Continue testing any engine family for which the sample mean, 
x, is greater than the emission standard. This applies if the sample 
mean for either HC, NOX (or HC+NOX), or CO (or 
other regulated pollutants) is greater than the emission standard. 
Continue testing until one of the following things happens:
    (1) The number of tests completed in an engine family, n, is 
greater than the required sample size, N, and the sample mean, x, is 
less than or equal to the emission standard. For example, if N = 3.1 
after the third test, the sample-size calculation does not allow you to 
stop testing.
    (2) The engine family does not comply according to Sec.  1051.315.
    (3) You test 30 vehicles or engines from the engine family.
    (4) You test five engines and one percent of your projected annual 
U.S.-directed production volume for the engine family.

[[Page 54919]]

    (5) You choose to declare that the engine family fails the 
requirements of this subpart.
* * * * *
    (i) You may elect to test more randomly chosen vehicles or engines 
than we require under this section. Include these vehicles or engines 
in the sample-size calculations.
    231. Section 1051.325 is amended by revising paragraph (d) to read 
as follows:


Sec.  1051.325  What happens if an engine family fails the production-
line requirements?

* * * * *
    (d) Section 1051.335 specifies steps you must take to remedy the 
cause of the engine family's production-line failure. All the vehicles 
you have produced since the end of the last test period are presumed 
noncompliant and should be addressed in your proposed remedy. We may 
require you to apply the remedy to engines produced earlier if we 
determine that the cause of the failure is likely to have affected the 
earlier engines.
* * * * *
    232. Section 1051.345 is amended by revising paragraphs (a) 
introductory text, (a)(5), and (a)(10) to read as follows:


Sec.  1051.345  What production-line testing records must I send to 
EPA?

* * * * *
    (a) Within 30 calendar days of the end of each test period, send us 
a report with the following information:
* * * * *
    (5) Identify how you accumulated hours of operation on the vehicles 
or engines and describe the procedure and schedule you used.
* * * * *
    (10) State the date the test period ended for each engine family.
* * * * *
    233. Section 1051.350 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec.  1051.350  What records must I keep?

    (a) Organize and maintain your records as described in this 
section. We may review your records at any time.
* * * * *
    234. Section 1051.501 is amended by revising the introductory text 
and paragraphs (a) and (b) and adding paragraph (e)(3) to read as 
follows:


Sec.  1051.501  What procedures must I use to test my vehicles or 
engines?

    This section describes test procedures that you used to determine 
whether vehicles meet the emission standards of this part. See Sec.  
1051.235 to determine when testing is required for certification. See 
subpart D of this part for the production-line testing requirements.
    (a) Snowmobiles. For snowmobiles, use the equipment and procedures 
for spark-ignition engines in part 1065 of this chapter to determine 
whether your snowmobiles meet the duty-cycle emission standards in 
Sec.  1051.103. Measure the emissions of all the pollutants we regulate 
in Sec.  1051.103 using the dilute sampling procedures in 40 CFR part 
1065. For steady-state testing, you may use raw-gas sampling methods 
(such as those described in 40 CFR part 91), as long as they have been 
shown to produce measurements equivalent to the dilute sampling methods 
specified in 40 CFR part 1065. Use the duty cycle specified in Sec.  
1051.505.
    (b) Motorcycles and ATVs. For motorcycles and ATVs, use the 
equipment, procedures, and duty cycle in 40 CFR part 86, subpart F, to 
determine whether your vehicles meet the exhaust emission standards in 
Sec.  1051.105 or Sec.  1051.107. Measure the emissions of all the 
pollutants we regulate in Sec.  1051.105 or Sec.  1051.107. If we allow 
you to certify ATVs based on engine testing, use the equipment, 
procedures, and duty cycle described or referenced in the section that 
allows engine testing. For motorcycles with engine displacement at or 
below 169 cc and all ATVs, use the driving schedule in paragraph (c) of 
Appendix I to 40 CFR part 86. For all other motorcycles, use the 
driving schedule in paragraph (b) of Appendix I to part 86. With 
respect to vehicle-speed governors, test motorcycles and ATVs in their 
ungoverned configuration, unless we approve in advance testing in a 
governed configuration. We will only approve testing in a governed 
configuration if you can show that the governor is permanently 
installed on all production vehicles and is unlikely to be removed in 
use. With respect to engine-speed governors, test motorcycles and ATVs 
in their governed configuration.
* * * * *
    (e) * * *
    (3) You may test engines using a test speed based on the point of 
maximum power if that represents in-use operation better than testing 
based on maximum test speed.
* * * * *
    235. Section 1051.505 is amended by revising paragraph (a) before 
the table and paragraphs (b)(3), (e), and (f) introductory text to read 
as follows:


Sec.  1051.505  What special provisions apply for testing snowmobiles?

    (a) Measure emissions by testing the engine on a dynamometer with 
the following duty cycle to determine whether it meets the emission 
standards in Sec.  1051.103:
* * * * *
    (b) * * *
    (3) Keep engine torque under 5 percent of maximum test torque.
* * * * *
    (e) See 40 CFR part 1065 for detailed specifications of tolerances 
and calculations.
    (f) You may test snowmobiles at ambient temperatures below 20[deg] 
C or using intake air temperatures below 20[deg] C if you show that 
such testing complies with 40 CFR 1065.10(c)(1). You must get our 
approval before you begin the emission testing. For example, the 
following approach would be appropriate to show that such testing 
complies with 40 CFR 1065.10(c)(1):
* * * * *
    236. Section 1051.515 is amended by revising paragraphs (a)(5) and 
(b) to read as follows:


Sec.  1051.515  How do I test my fuel tank for permeation emissions?

* * * * *
    (a) * * *
    (5) Seal the fuel tank using fuel caps and other fittings 
(excluding petcocks) that would be used to seal openings in a 
production fuel tank. In cases where openings are not normally sealed 
on the fuel tank (such as hose-connection fittings and vents in fuel 
caps), these openings may be sealed using nonpermeable fittings such as 
metal or fluoropolymer plugs.
    (b) Permeation test run. To run the test, take the following steps 
for a tank that was preconditioned as specified in paragraph (a) of 
this section:
    (1) Weigh the sealed fuel tank and record the weight to the nearest 
0.1 grams. You may use less precise weights as long as the difference 
in mass from the start of the test to the end of the test has at least 
three significant figures. Take this measurement within 8 hours of 
filling the tank with test fuel as specified in paragraph (a)(3) of 
this section.
    (2) Carefully place the tank within a ventilated, temperature-
controlled room or enclosure. Do not spill or add any fuel.
    (3) Close the room or enclosure and record the time.
    (4) Ensure that the measured temperature in the room or enclosure 
is 28  2 [deg]C.
    (5) Leave the tank in the room or enclosure for 14 days.

[[Page 54920]]

    (6) Hold the temperature of the room or enclosure to 28  2 [deg]C; measure and record the temperature at least daily.
    (7) At the end of the soak period, weigh the sealed fuel tank and 
record the weight to the nearest 0.1 grams. You may use less precise 
weights as long as the difference in mass from the start of the test to 
the end of the test has at least three significant figures. Unless the 
same fuel is used in the preconditioning fuel soak and the permeation 
test run, record weight measurements on five separate days per week of 
testing. The test is void if a linear plot of tank weight vs. test days 
for the full soak period for permeation testing specified in paragraph 
(b)(5) of this section yields an R-squared value below 0.8.
    (8) Subtract the weight of the tank at the end of the test from the 
weight of the tank at the beginning of the test; divide the difference 
by the internal surface area of the fuel tank. Divide this g/m\2\ value 
by the number of test days (using at least three significant figures) 
to calculate the g/m\2\/day emission rate. Example: If a tank with an 
internal surface area of 0.72 m\2\ weighed 31882.3 grams at the 
beginning of the test and weighed 31760.2 grams after soaking for 14.03 
days, then the g/m\2\/day emission rate would be--

(31882.3 g-31813.8 g) / 0.72 m\2\ / 14.03 days = 6.78 g/m\2\/day.

    (9) Round your result to the same number of decimal places as the 
emission standard.
    (10) In cases where consideration of permeation rates, using good 
engineering judgment, leads you to conclude that soaking for 14 days is 
not long enough to measure weight change to at least three significant 
figures, you may soak for 14 days longer. In this case, repeat the 
steps in paragraphs (b)(8) and (9) of this section to determine the 
weight change for the full 28 days.
* * * * *
    237. Section 1051.520 is revised to read as follows:


Sec.  1051.520  How do I perform exhaust durability testing?

    Sections 1051.240 and 1051.243 describe the method for testing that 
must be performed to establish deterioration factors for an engine 
family.
    238. Section 1051.605 is revised to read as follows:


Sec.  1051.605  What provisions apply to engines already certified 
under the motor-vehicle program or the Large Spark-ignition program?

    (a) General provisions. If you are an engine manufacturer, this 
section allows you to introduce into commerce new recreational 
vehicles, and engines for recreational vehicles, if the engines are 
already certified to the requirements that apply to spark-ignition 
engines under 40 CFR parts 85 and 86 or 40 CFR part 1048 for the 
appropriate model year. If you comply with all the provisions of this 
section, we consider the certificate issued under 40 CFR part 86 or 
1048 for each engine to also be a valid certificate of conformity under 
this part 1051 for its model year, without a separate application for 
certification under the requirements of this part 1051. See Sec.  
1051.610 for similar provisions that apply to vehicles that are already 
certified to the vehicle-based standards for motor vehicles.
    (b) Vehicle-manufacturer provisions. If you are not an engine 
manufacturer, you may install an engine certified for the appropriate 
model year under 40 CFR part 86 or 1048 in a recreational vehicle as 
long as the engine has been properly labeled as specified in paragraphs 
(d)(4) through (6) of this section and you do not make any of the 
changes described in paragraph (d)(2) of this section. If you modify 
the non-recreational engine in any of the ways described in paragraph 
(d)(2) of this section for installation in a recreational vehicle, we 
will consider you a manufacturer of recreational vehicles. Such engine 
modifications prevent you from using the provisions of this section.
    (c) Liability. Engines for which you meet the requirements of this 
section are exempt from all the requirements and prohibitions of this 
part, except for those specified in this section. Engines exempted 
under this section must meet all the applicable requirements from 40 
CFR parts 85 and 86 or 40 CFR part 1048. This paragraph (c) applies to 
engine manufacturers, vehicle manufacturers who use such an engine, and 
all other persons as if the engine were used in its originally intended 
application. The prohibited acts of 40 CFR 1068.101(a)(1) apply to 
these new engines and vehicles; however, we consider the certificate 
issued under 40 CFR part 86 or 1048 for each engine to also be a valid 
certificate of conformity under this part 1051 for its model year. If 
we make a determination that these engines do not conform to the 
regulations during their useful life, we may require you to recall them 
under this part 1051 or under 40 CFR part 85 or 1068.505.
    (d) Specific requirements. If you are an engine manufacturer and 
meet all the following criteria and requirements regarding your new 
engine, the vehicle using the engine is eligible for an exemption under 
this section:
    (1) Your engine must be covered by a valid certificate of 
conformity issued under 40 CFR part 86 or 1048.
    (2) You must not make any changes to the certified engine that 
could reasonably be expected to increase its exhaust emissions for any 
pollutant, or its evaporative emissions. For example, if you make any 
of the following changes to one of these engines, you do not qualify 
for this exemption:
    (i) Change any fuel system or evaporative system parameters from 
the certified configuration (this does not apply to refueling 
controls).
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original engine 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine model's 
total sales for the model year, from all companies, are used in 
recreational vehicles, as follows:
    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm this based on its sales information.
    (4) You must ensure that the engine has the emission control 
information label we require under 40 CFR part 86 or 1048.
    (5) You must add a permanent supplemental label to the engine in a 
position where it will remain clearly visible after installation in the 
vehicle. In the supplemental label, do the following:
    (i) Include the heading: ``RECREATIONAL VEHICLE EMISSION CONTROL 
INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR A RECREATIONAL USE 
WITHOUT AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished installation (month and year), if 
applicable.
    (6) The original and supplemental labels must be readily visible 
after the engine is installed in the vehicle or, if

[[Page 54921]]

the vehicle obscures the engine's emission control information label, 
make sure the vehicle manufacturer attaches duplicate labels, as 
described in 40 CFR 1068.105.
    (7) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the engine models you expect to produce under this 
exemption in the coming year.
    (iii) State: ``We produce each listed engine model for recreational 
application without making any changes that could increase its 
certified emission levels, as described in 40 CFR 1051.605.''.
    (e) Failure to comply. If your engines do not meet the criteria 
listed in paragraph (d) of this section, they will be subject to the 
standards, requirements, and prohibitions of this part 1051 and the 
certificate issued under 40 CFR part 86 or 1048 will not be deemed to 
also be a certificate issued under this part 1051. Introducing these 
engines into commerce without a valid exemption or certificate of 
conformity under this part violates the prohibitions in 40 CFR 
1068.101(a)(1).
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Engines 
adapted for recreational use under this section may not generate or use 
emission credits under this part 1051. These engines may generate 
credits under the ABT provisions in 40 CFR part 86. These engines must 
use emission credits under 40 CFR part 86 if they are certified to an 
FEL that exceeds an applicable standard.
    239. Section 1051.610 is revised to read as follows:


Sec.  1051.610  What provisions apply to vehicles already certified 
under the motor-vehicle program?

    (a) General provisions. If you are a motor-vehicle manufacturer, 
this section allows you to introduce new recreational vehicles into 
commerce if the vehicle is already certified to the requirements that 
apply under 40 CFR parts 85 and 86. If you comply with all of the 
provisions of this section, we consider the certificate issued under 40 
CFR part 86 for each motor vehicle to also be a valid certificate of 
conformity for the engine under this part 1051 for its model year, 
without a separate application for certification under the requirements 
of this part 1051. This section applies especially for highway 
motorcycles that are modified for recreational nonroad use. See Sec.  
1051.605 for similar provisions that apply to motor-vehicle engines or 
Large SI engines produced for recreational vehicles.
    (b) Nonroad vehicle-manufacturer provisions. If you are not a 
motor-vehicle manufacturer, you may produce recreational vehicles from 
motor vehicles under this section as long as the recreational vehicle 
has the labels specified in paragraphs (d)(4) through (6) of this 
section and you do not make any of the changes described in paragraph 
(d)(2) of this section. If you modify the motor vehicle or its engine 
in any of the ways described in paragraph (d)(2) of this section, we 
will consider you a manufacturer of a new recreational vehicle. Such 
modifications prevent you from using the provisions of this section.
    (c) Liability. Engines and vehicles for which you meet the 
requirements of this section are exempt from all the requirements and 
prohibitions of this part, except for those specified in this section. 
Engines exempted under this section must meet all the applicable 
requirements from 40 CFR parts 85 and 86. This applies to engine 
manufacturers, vehicle manufacturers, and all other persons as if the 
recreational vehicles were motor vehicles. The prohibited acts of 40 
CFR 1068.101(a)(1) apply to these new recreational vehicles; however, 
we consider the certificate issued under 40 CFR part 86 for each motor 
vehicle to also be a valid certificate of conformity for the 
recreational vehicle under this part 1051 for its model year. If we 
make a determination that these engines or vehicles do not conform to 
the regulations during their useful life, we may require you to recall 
them under 40 CFR part 86 or 40 CFR 1068.505.
    (d) Specific requirements. If you are a motor-vehicle manufacturer 
and meet all the following criteria and requirements regarding your new 
recreational vehicle and its engine, the vehicle is eligible for an 
exemption under this section:
    (1) Your vehicle must be covered by a valid certificate of 
conformity as a motor vehicle issued under 40 CFR part 86.
    (2) You must not make any changes to the certified vehicle that we 
could reasonably expect to increase its exhaust emissions for any 
pollutant, or its evaporative emissions if it is subject to 
evaporative-emission standards. For example, if you make any of the 
following changes, you do not qualify for this exemption:
    (i) Change any fuel system parameters from the certified 
configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the vehicle 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original vehicle 
manufacturer's specified ranges.
    (iv) Add more than 500 pounds to the curb weight of the originally 
certified motor vehicle.
    (3) You must show that fewer than 50 percent of the total sales as 
a motor vehicle or a recreational vehicle, from all companies, are used 
in recreational vehicles, as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The vehicle must have the vehicle emission control information 
we require under 40 CFR part 86.
    (5) You must add a permanent supplemental label to the vehicle in a 
position where it will remain clearly visible. In the supplemental 
label, do the following:
    (i) Include the heading: ``RECREATIONAL VEHICLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS VEHICLE WAS ADAPTED FOR RECREATIONAL USE 
WITHOUT AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished modifying the vehicle (month and 
year), if applicable.
    (6) The original and supplemental labels must be readily visible in 
the fully assembled vehicle.
    (7) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the vehicle models you expect to produce under this 
exemption in the coming year.
    (iii) State: ``We produced each listed engine or vehicle model for 
recreational application without making any changes that could increase 
its certified emission

[[Page 54922]]

levels, as described in 40 CFR 1051.610.''.
    (e) Failure to comply. If your engines or vehicles do not meet the 
criteria listed in paragraph (d) of this section, the engines will be 
subject to the standards, requirements, and prohibitions of this part 
1051, and the certificate issued under 40 CFR part 86 will not be 
deemed to also be a certificate issued under this part 1051. 
Introducing these engines into commerce without a valid exemption or 
certificate of conformity under this part violates the prohibitions in 
40 CFR 1068.101(a)(1).
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Vehicles 
adapted for recreational use under this section may not generate or use 
emission credits under this part 1051. These engines may generate 
credits under the ABT provisions in 40 CFR part 86. These engines must 
use emission credits under 40 CFR part 86 if they are certified to an 
FEL that exceeds an applicable standard.
    240. Section 1051.615 is amended by revising paragraphs (a) 
introductory text and (b) introductory text, redesignating paragraph 
(e) as paragraph (f), and adding a new paragraph (e) to read as 
follows:


Sec.  1051.615  What are the special provisions for certifying small 
recreational engines?

    (a) You may certify ATVs with engines that have total displacement 
of less than 100 cc to the following exhaust emission standards instead 
of certifying them to the exhaust emission standards of subpart B of 
this part:
* * * * *
    (b) You may certify off-highway motorcycles with engines that have 
total displacement of 70 cc or less to the following exhaust emission 
standards instead of certifying them to the exhaust emission standards 
of subpart B of this part:
* * * * *
    (e) For ATVs certified to the standards in this section, use the 
following equation to determine the normalized emission rate required 
by Sec.  1051.135(g):
    NER = 0.250 x log(HC + NOX) = 0.250
    Where:
    HC +NOX is the sum of the cycle-weighted emission rates 
for hydrocarbons and oxides of nitrogen in g/kW-hr.
* * * * *
    241. Section 1051.620 is amended by revising paragraph (b)(1)(vi) 
to read as follows:


Sec.  1051.620  When may a manufacturer obtain an exemption for 
competition recreational vehicles?

* * * * *
    (b) * * *
    (1) * * *
    (vi) The absence of a functional seat. (For example, a seat with 
less than 30 square inches of seating surface would generally not be 
considered a functional seat).
* * * * *
    242. A new Sec.  1051.645 is added to read as follows:


Sec.  1051.645  What special provisions apply to branded engines?

    The following provisions apply if you identify the name and 
trademark of another company instead of your own on your emission 
control information label, as provided by Sec.  1051.135(c)(2):
    (a) You must have a contractual agreement with the other company 
that obligates that company to take the following steps:
    (1) Meet the emission warranty requirements that apply under Sec.  
1051.120. This may involve a separate agreement involving reimbursement 
of warranty-related expenses.
    (2) Report all warranty-related information to the certificate 
holder.
    (b) In your application for certification, identify the company 
whose trademark you will use and describe the arrangements you have 
made to meet your requirements under this section.
    (c) You remain responsible for meeting all the requirements of this 
chapter, including warranty and defect-reporting provisions.
    243. Section 1051.701 is amended by revising paragraphs (a), (c), 
and (d) and adding paragraphs (e), (f), and (g) to read as follows:


Sec.  1051.701  General provisions.

    (a) You may average, bank, and trade emission credits for purposes 
of certification as described in this subpart to show compliance with 
the standards of this part. To do this you must certify your engines to 
Family Emission Limits (FELs) and show that your average emission 
levels are below the applicable standards in subpart B of this part, or 
that you have sufficient credits to offset a credit deficit for the 
model year (as calculated in Sec.  1051.720).
* * * * *
    (c) The definitions of Subpart I of this part apply to this 
subpart. The following definitions also apply:
    (1) Actual emission credits means emission credits you have 
generated that we have verified by reviewing your final report.
    (2) Average standard means a standard that allows you to comply by 
averaging all your vehicles under this part. See subpart B of this part 
to determine which standards are average standards.
    (3) Averaging set means a set of engines in which emission credits 
may be exchanged only with other engines in the same averaging set.
    (4) Broker means any entity that facilitates a trade of emission 
credits between a buyer and seller.
    (5) Buyer means the entity that receives emission credits as a 
result of a trade.
    (6) Reserved emission credits means emission credits you have 
generated that we have not yet verified by reviewing your final report.
    (7) Seller means the entity that provides emission credits during a 
trade.
    (8) Trade means to exchange emission credits, either as a buyer or 
seller.
    (d) In your application for certification, base your showing of 
compliance on projected production volumes for vehicles whose point of 
first retail sale is in the United States. As described in Sec.  
1051.730, compliance with the requirements of this subpart is 
determined at the end of the model year based on actual production 
volumes for vehicles whose point of first retail sale is in the United 
States. Do not include any of the following vehicles to calculate 
emission credits:
    (1) Vehicles exempted under subpart G of this part or under 40 CFR 
part 1068.
    (2) Exported vehicles.
    (3) Vehicles not subject to the requirements of this part, such as 
those excluded under Sec.  1051.5.
    (4) Vehicles for which the location of first retail sale is in a 
state that has applicable emission regulations for that model year. For 
example, you may not include vehicles sold in California if it has 
emission standards for these engines, and you may not include vehicles 
sold in other states that adopt California's emission standards under 
Clean Air Act section 177.
    (5) Any other vehicles, where we indicate elsewhere in this part 
1051 that they are not to be included in the calculations of this 
subpart.
    (e) You may not use emission credits generated under this subpart 
to offset any emissions that exceed an FEL or standard. This applies 
for all testing, including certification testing, in-use testing, 
selective enforcement audits, and other production-line testing. 
However, if emissions from an engine exceed an FEL or standard (for 
example, during a selective enforcement audit),

[[Page 54923]]

you may use emission credits to recertify the engine family with a 
higher FEL that applies only to future production.
    (f) Emission credits may be used in the model year they are 
generated or in future model years. Emission credits may not be used 
for past model years.
    (g) You may increase or decrease an FEL during the model year by 
amending your application for certification under Sec.  1051.225. The 
new FEL may apply only to engines you have not already introduced into 
commerce.
    244. Section 1051.705 is amended by revising paragraphs (a) and (b) 
and adding paragraph (e) to read as follows:


Sec.  1051.705  How do I average emission levels?

    (a) As specified in subpart B of this part, certify each vehicle to 
an FEL, subject to the FEL caps in subpart B of this part.
    (b) Calculate a preliminary average emission level according to 
Sec.  1051.720 for each averaging set using projected U.S.-directed 
production volumes from your application for certification.
* * * * *
    (e) If your average emission level is above the allowable average 
standard, you must obtain enough emission credits to offset the deficit 
by the due date for the final report required in Sec.  1051.730. The 
emission credits used to address the deficit may come from emission 
credits you have banked or from emission credits you obtain through 
trading.
    245. Section 1051.710 is revised to read as follows:


Sec.  1051.710  How do I generate and bank emission credits?

    (a) Banking is the retention of emission credits by the 
manufacturer generating the emission credits for use in averaging or 
trading in future model years. You may use banked emission credits only 
within the averaging set in which they were generated.
    (b) If your average emission level is below the average standard, 
you may calculate credits according to Sec.  1051.720. Credits you 
generate do not expire.
    (c) You may generate credits if you are a certifying manufacturer.
    (d) In your application for certification, designate any emission 
credits you intend to bank. These emission credits will be considered 
reserved credits. During the model year and before the due date for the 
final report, you may redesignate these emission credits for averaging 
or trading.
    (e) You may use banked emission credits from the previous model 
year for averaging or trading before we verify them, but we may revoke 
these emission credits if we are unable to verify them after reviewing 
your reports or auditing your records.
    (f) Reserved credits become actual emission credits only when we 
verify them in reviewing your final report.
    246. Section 1051.715 is revised to read as follows:


Sec.  1051.715  How do I trade emission credits?

    (a) Trading is the exchange of emission credits between 
manufacturers. You may use traded emission credits for averaging, 
banking, or further trading transactions. Traded emission credits may 
be used only within the averaging set in which they were generated.
    (b) You may trade banked credits to any certifying manufacturer.
    (c) You may trade actual emission credits as described in this 
subpart. You may also trade reserved emission credits, but we may 
revoke these emission credits based on our review of your records or 
reports or those of the company with which you traded emission credits.
    (d) If a negative emission credit balance results from a 
transaction, both the buyer and seller are liable, except in cases we 
deem to involve fraud. See Sec.  1051.255(e) for cases involving fraud. 
We may void the certificates of all engine families participating in a 
trade that results in a manufacturer having a negative balance of 
emission credits. See Sec.  1051.745.
    247. Section 1051.720 is amended by revising paragraphs (a)(2) and 
(a)(3) to read as follows:


Sec.  1051.720  How do I calculate my average emission level or 
emission credits?

    (a) * * *
    (2) For vehicles that have standards expressed as g/kW-hr and a 
useful life in kilometers, convert the useful life to kW-hr based on 
the maximum power output observed over the emission test and an assumed 
vehicle speed of 30 km/hr as follows: UL (kW-hr) = UL (km) x Maximum 
Test Power (kW) / 30 km/hr. (Note: It is not necessary to include a 
load factor, since credit exchange is not allowed between vehicles 
certified to g/kW-hr standards and vehicles certified to g/km 
standards.)
    (3) For evaporative emission standards expressed as g/
m2/day, use the useful life value in years multiplied by 
365.24 and calculate the average emission level as:
[GRAPHIC] [TIFF OMITTED] TP10SE04.078


Where:

Production i = The number of vehicles in the engine family 
times the average internal surface area of the vehicles' fuel tanks.
* * * * *
    248. Section 1051.725 is revised to read as follows:


Sec.  1051.725  What must I include in my applications for 
certification?

    (a) You must declare in your applications for certification your 
intent to use the provisions of this subpart. You must also declare the 
FELs you select for each engine family. Your FELs must comply with the 
specifications of subpart B of this part, including the FEL caps. FELs 
must be expressed to the same number of decimal places as the 
applicable standards.
    (b) Include the following in your application for certification:
    (1) A statement that, to the best of your belief, you will not have 
a negative balance of emission credits for any averaging set when all 
emission credits are calculated at the end of the year. This means that 
if you believe that your average emission level will be above the 
standard (i.e., that you will have a deficit for the model year), you 
must have banked credits (or project to have received traded credits) 
to offset the deficit.
    (2) Detailed calculations of projected emission credits (positive 
or negative) based on projected production volumes. If you will 
generate positive emission credits, state specifically where the 
emission credits will be applied (for example, whether they will be 
traded or reserved for banking). If you have projected negative 
emission credits, state the source of positive emission credits to 
offset the negative emission credits. Describe whether the emission 
credits are actual or reserved and

[[Page 54924]]

whether they will come from banking, trading, or a combination of 
these. If you intend to rely on trading, identify from which 
manufacturer the emission credits will come.
    249. Section 1051.730 is revised to read as follows:


Sec.  1051.730  What ABT reports must I send to EPA?

    (a) If any of your engine families are certified using the ABT 
provisions of this subpart, you must send an end-of-year report within 
90 days after the end of the model year and a final report within 270 
days after the end of the model year. We may waive the requirement to 
send the end-of year report, as long as you send the final report on 
time.
    (b) Your end-of-year and final reports must include the following 
information for each engine family:
    (1) Engine-family designation.
    (2) The emission standards that would otherwise apply to the engine 
family.
    (3) The FEL for each pollutant. If you changed an FEL during the 
model year, identify each FEL you used and calculate the positive or 
negative emission credits under each FEL. Also, describe how the 
applicable FEL can be identified for each vehicle you produced. For 
example, you might keep a list of vehicle identification numbers that 
correspond with certain FEL values.
    (4) The projected and actual production volumes for the model year 
with a point of retail sale in the United States. If you changed an FEL 
during the model year, identify the actual production volume associated 
with each FEL.
    (5) For vehicles that have standards expressed as g/kW-hr, maximum 
engine power for each vehicle configuration, and the sales-weighted 
average engine power for the engine family.
    (6) Useful life.
    (7) Calculated positive or negative emission credits. Identify any 
emission credits that you traded, as described in paragraph (d)(1) of 
this section.
    (c) Your end-of-year and final reports must include the following 
additional information:
    (1) Show that your net balance of emission credits in each 
averaging set in the applicable model year is not negative.
    (2) State whether you will reserve any emission credits for 
banking.
    (3) State that the report's contents are accurate.
    (d) If you trade emission credits, you must send us a report within 
90 days after the transaction, as follows:
    (1) As the seller, you must include the following information in 
your report:
    (i) The corporate names of the buyer and any brokers.
    (ii) A copy of any contracts related to the trade.
    (iii) The engine families that generated emission credits for the 
trade, including the number of emission credits from each family.
    (2) As the buyer, you must include the following information in 
your report:
    (i) The corporate names of the seller and any brokers.
    (ii) A copy of any contracts related to the trade.
    (iii) How you intend to use the emission credits, including the 
number of emission credits you intend to apply to each engine family 
(if known).
    (e) Send your reports electronically to the Designated Compliance 
Officer using an approved information format. If you want to use a 
different format, send us a written request with justification for a 
waiver.
    (f) Correct errors in your end-of-year report or final report as 
follows:
    (1) You may correct any errors in your end-of-year report when you 
prepare the final report, as long as you send us the final report by 
the time it is due.
    (2) If you or we determine within 270 days after the end of the 
model year that errors mistakenly decrease your balance of emission 
credits, you may correct the errors and recalculate the balance of 
emission credits. You may not make these corrections for errors that 
are determined more than 270 days after the end of the model year. If 
you report a negative balance of emission credits, we may disallow 
corrections under this paragraph (f)(2).
    (3) If you or we determine anytime that errors mistakenly increase 
your balance of emission credits, you must correct the errors and 
recalculate the balance of emission credits.
    250. Section 1051.735 is revised to read as follows:


Sec.  1051.735  What records must I keep?

    (a) You must organize and maintain your records as described in 
this section. We may review your records at any time.
    (b) Keep the records required by this section for eight years after 
the due date for the end-of-year report. You may use any appropriate 
storage formats or media, including paper, microfilm, or computer 
diskettes.
    (c) Keep a copy of the reports we require in Sec.  1051.725 and 
Sec.  1051.730.
    (d) Keep the following additional records for each engine you 
produce under the ABT program:
    (1) Engine family designation.
    (2) Engine identification number.
    (3) FEL and useful life.
    (4) For vehicles that have standards expressed as g/kW-hr, maximum 
engine power.
    (5) Build date and assembly plant.
    (6) Purchaser and destination.
    (e) We may require you to keep additional records or to send us 
relevant information not required by this section.
    251. A new Sec.  1051.740 is added to read as follows:


Sec.  1051.740  Are there special averaging provisions for snowmobiles?

    For snowmobiles, you may only use credits for the same phase or set 
of standards against which they were generated, except as allowed by 
this section.
    (a) Restrictions. (1) You may not use any Phase 1 or Phase 2 
credits for Phase 3 compliance.
    (2) You may not use Phase 1 HC credits for Phase 2 HC compliance. 
However, because the Phase 1 and Phase 2 CO standards are the same, you 
may use Phase 1 CO credits for compliance with the Phase 2 CO 
standards.
    (b) Special credits for next phase of standards. You may choose to 
generate credits early for banking for purposes of compliance with 
later phases of standards as follows:
    (1) If your corporate average emission level at the end of the 
model year exceeds the applicable (current) phase of standards (without 
the use of traded or previously banked credits), you may choose to 
redesignate some of your snowmobile production to a calculation to 
generate credits for a future phase of standards. To generate credits 
the snowmobiles designated must have an FEL below the emission level of 
that set of standards. This can be done on a pollutant specific basis.
    (2) Do not include the snowmobiles that you redesignate in the 
final compliance calculation of your average emission level for the 
otherwise applicable (current) phase of standards. Your average 
emission level for the remaining (non-redesignated) snowmobiles must 
comply with the otherwise applicable (current) phase of standards.
    (3) Include the snowmobiles that you redesignate in a separate 
calculation of your average emission level for redesignated engines. 
Calculate credits using this average emission level relative to the 
specific pollutant in the future phase of standards. These credits may 
be used for compliance with the future standards.
    (4) For generating early Phase 3 credits, you may generate credits 
for HC+NOX or CO separately as described:
    (i) To determine if you qualify to generate credits in accordance 
with

[[Page 54925]]

paragraphs (b)(1) through (3) of this section, you must meet the credit 
trigger level. For HC+NOX this value is 62 g/kW-hr (which 
would be the HC+NOX standard that would result from 
inputting the highest allowable CO standard (275 g/kW-hr) into the 
Phase 3 equation). For CO the value is 200 g/kW-hr (which would be the 
CO standard that would result from inputting the highest allowable 
HC+NOX standard (90 g/kW-hr) into the Phase 3 equation).
    (ii) HC+NOX and CO credits for Phase 3 are calculated 
relative to the 62 g/kW-hr and 200 g/kW-hr values, respectively.
    (5) Credits can also be calculated for Phase 3 using both sets of 
standards. Without regard to the trigger level values, if your net 
emission reduction for the redesignated averaging set exceeds the 
requirements of Phase 3 in Sec.  1051.103 (using both HC+NOX 
and CO in the Phase 3 equation in Sec.  1051.103), then your credits 
are the difference between the Phase 3 reduction requirement of that 
section and your calculated value.
    252. A new Sec.  1051.745 is added to read as follows:


Sec.  1051.745  What can happen if I do not comply with the provisions 
of this subpart?

    (a) For each engine family participating in the ABT program, the 
certificate of conformity is conditional upon full compliance with the 
provisions of this subpart during and after the model year. You are 
responsible to establish to our satisfaction that you fully comply with 
applicable requirements. We may void the certificate of conformity for 
an engine family if you fail to comply with any provisions of this 
subpart.
    (b) You may certify your engine family to an FEL above an 
applicable standard based on a projection that you will have enough 
emission credits to avoid a negative credit balance for each averaging 
set for the applicable model year. However, we may void the certificate 
of conformity if you cannot show in your final report that you have 
enough actual emission credits to offset a deficit for any pollutant in 
an engine family.
    (c) We may void the certificate of conformity for an engine family 
if you fail to keep records, send reports, or give us information we 
request.
    (d) You may ask for a hearing if we void your certificate under 
this section (see Sec.  1051.820).
    253. Section 1051.801 is revised to read as follows:


Sec.  1051.801  What definitions apply to this part?

    The following definitions apply to this part. The definitions apply 
to all subparts unless we note otherwise. All undefined terms have the 
meaning the Act gives to them. The definitions follow:
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Adjustable parameter means any device, system, or element of design 
that someone can adjust (including those which are difficult to access) 
and that, if adjusted, may affect emissions or engine performance 
during emission testing or normal in-use operation. This includes, but 
is not limited to, parameters related to injection timing and fueling 
rate. You may ask us to exclude a parameter that is difficult to access 
if it cannot be adjusted to affect emissions without significantly 
degrading engine performance, or if you otherwise show us that it will 
not be adjusted in a way that affects emissions during in-use 
operation.
    Aftertreatment means relating to a catalytic converter, particulate 
filter, or any other system, component, or technology mounted 
downstream of the exhaust valve (or exhaust port) whose design function 
is to decrease emissions in the engine exhaust before it is exhausted 
to the environment. Exhaust-gas recirculation (EGR) and turbochargers 
are not aftertreatment.
    All-terrain vehicle means a land-based or amphibious nonroad 
vehicle that meets the criteria listed in paragraph (1) of this 
definition; or, alternatively the criteria of paragraph (2) of this 
definition but not the criteria of paragraph (3) of this definition:
    (1) Vehicles designed to travel on four low pressure tires, having 
a seat designed to be straddled by the operator and handlebars for 
steering controls, and intended for use by a single operator and no 
other passengers are all-terrain vehicles.
    (2) Other all-terrain vehicles have three or more wheels and one or 
more seats, are designed for operation over rough terrain, are intended 
primarily for transportation, and have a maximum vehicle speed of 25 
miles per hour or higher. Golf carts generally do not meet these 
criteria since they are generally not designed for operation over rough 
terrain.
    (3) Vehicles that meet the definition of ``offroad utility 
vehicle'' in this section are not all-terrain vehicles. However, Sec.  
1051.1(a) specifies that some offroad utility vehicles are required to 
meet the same requirements as all-terrain vehicles.
    Amphibious vehicle means a vehicle with wheels or tracks that is 
designed primarily for operation on land and secondarily for operation 
in water.
    Auxiliary emission-control device means any element of design that 
senses temperature, motive speed, engine RPM, transmission gear, or any 
other parameter for the purpose of activating, modulating, delaying, or 
deactivating the operation of any part of the emission-control system.
    Brake power means the usable power output of the engine, not 
including power required to fuel, lubricate, or heat the engine, 
circulate coolant to the engine, or to operate aftertreatment devices.
    Calibration means the set of specifications and tolerances specific 
to a particular design, version, or application of a component or 
assembly capable of functionally describing its operation over its 
working range.
    Certification means obtaining a certificate of conformity for an 
engine family that complies with the emission standards and 
requirements in this part.
    Certified emission level means the highest deteriorated emission 
level in an engine family for a given pollutant from either transient 
or steady-state testing.
    Compression-ignition means relating to a type of reciprocating, 
internal-combustion engine that is not a spark-ignition engine.
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any part of the engine crankcase's ventilation or 
lubrication systems. The crankcase is the housing for the crankshaft 
and other related internal parts.
    Critical emission-related component means any of the following 
components:
    (1) Electronic control units, aftertreatment devices, fuel-metering 
components, EGR-system components, crankcase-ventilation valves, all 
components related to charge-air compression and cooling, and all 
sensors and actuators associated with any of these components.
    (2) Any other component whose primary purpose is to reduce 
emissions.
    Designated Compliance Officer means the Manager, Engine Programs 
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Designated Enforcement Officer means the Director, Air Enforcement 
Division (2242A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW.,Washington, DC 20460.
    Deteriorated emission level means the emission level that results 
from applying the appropriate deterioration factor to the official 
emission result of the emission-data vehicle.
    Deterioration factor means the relationship between emissions at 
the end of useful life and emissions at the

[[Page 54926]]

low-hour test point, expressed in one of the following ways:
    (1) For multiplicative deterioration factors, the ratio of 
emissions at the end of useful life to emissions at the low-hour test 
point.
    (2) For additive deterioration factors, the difference between 
emissions at the end of useful life and emissions at the low-hour test 
point.
    Emission-control system means any device, system, or element of 
design that controls or reduces the regulated emissions from an engine.
    Emission-data vehicle means a vehicle or engine that is tested for 
certification. This includes vehicles or engines tested to establish 
deterioration factors.
    Emission-related maintenance means maintenance that substantially 
affects emissions or is likely to substantially affect emission 
deterioration.
    Engine configuration means a unique combination of engine hardware 
and calibration within an engine family. Engines within a single engine 
configuration differ only with respect to normal production 
variability.
    Engine family has the meaning given in Sec.  1051.230.
    Evaporative means relating to fuel emissions that result from 
permeation of fuel through the fuel system materials and from 
ventilation of the fuel system.
    Excluded means relating to an engine that either:
    (1) Has been determined not to be a nonroad engine, as specified in 
40 CFR 1068.30; or
    (2) Is a nonroad engine that is excluded from this part 1051 under 
the provisions of Sec.  1051.5.
    Exempted means relating to an engine that is not required to meet 
otherwise applicable standards. Exempted engines must conform to 
regulatory conditions specified for an exemption in this part 1051 or 
in 40 CFR part 1068. Exempted engines are deemed to be ``subject to'' 
the standards of this part, even though they are not required to comply 
with the otherwise applicable requirements. Engines exempted with 
respect to a certain tier of standards may be required to comply with 
an earlier tier of standards as a condition of the exemption; for 
example, engines exempted with respect to Tier 4 standards may be 
required to comply with Tier 3 standards.
    Exhaust-gas recirculation means a technology that reduces emissions 
by routing exhaust gases that had been exhausted from the combustion 
chamber(s) back into the engine to be mixed with incoming air before or 
during combustion. The use of valve timing to increase the amount of 
residual exhaust gas in the combustion chamber(s) that is mixed with 
incoming air before or during combustion is not considered exhaust-gas 
recirculation for the purposes of this part.
    Family emission limit (FEL) means an emission level declared by the 
manufacturer to serve in place of an otherwise applicable emission 
standard under the ABT program in subpart H of this part. The family 
emission limit must be expressed to the same number of decimal places 
as the emission standard it replaces. The family emission limit serves 
as the emission standard for the engine family with respect to all 
required testing.
    Fuel line means all hoses or tubing containing either liquid fuel 
or fuel vapor, including hoses or tubing that deliver fuel to the 
engine, fuel hoses or tubing on the engine, hoses or tubing for the 
filler neck, hoses or tubing connecting dual fuel tanks, and hose or 
tubing connecting a fuel tank to a carbon canister.
    Fuel system means all components involved in transporting, 
metering, and mixing the fuel from the fuel tank to the combustion 
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel 
filters, fuel lines, carburetor or fuel-injection components, and all 
fuel-system vents. In the case where the fuel tank cap or other 
components (excluding fuel lines) are directly mounted on the fuel 
tank, they are considered to be a part of the fuel tank.
    Fuel type means a general category of fuels such as diesel fuel or 
natural gas. There can be multiple grades within a single fuel type, 
such as high-sulfur or low-sulfur diesel fuel.
    Good engineering judgment means judgments made consistent with 
generally accepted scientific and engineering principles and all 
available relevant information. See 40 CFR 1068.5 for the 
administrative process we use to evaluate good engineering judgment.
    Hydrocarbon (HC) means the hydrocarbon group on which the emission 
standards are based for each fuel type. For alcohol-fueled engines, HC 
means total hydrocarbon equivalent (THCE). For all other engines, HC 
means nonmethane hydrocarbon (NMHC).
    Identification number means a unique specification (for example, a 
model number/serial number combination) that allows someone to 
distinguish a particular vehicle or engine from other similar engines.
    Low-hour means relating to an engine with stabilized emissions and 
represents the undeteriorated emission level. This would generally 
involve less than 100 hours or 1,000 kilometers of operation.
    Manufacturer has the meaning given in section 216(1) of the Act. In 
general, this term includes any person who manufactures a vehicle or 
engine for sale in the United States or otherwise introduces a new 
vehicle or engine into commerce in the United States. This includes 
importers that import vehicles or engines for resale.
    Maximum engine power has the meaning given in 40 CFR 90.2
    Maximum test power means the maximum brake power of an engine at 
test conditions.
    Maximum test speed has the meaning we give in 40 CFR 1065.1001.
    Maximum test torque has the meaning we give in 40 CFR 1065.1001.
    Model year means one of the following things:
    (1) For freshly manufactured vehicles (see definition of ``new,'' 
paragraph (1)), model year means one of the following:
    (i) Calendar year.
    (ii) Your annual new model production period if it is different 
than the calendar year. This must include January 1 of the calendar 
year for which the model year is named. It may not begin before January 
2 of the previous calendar year and it must end by December 31 of the 
named calendar year.
    (2) For an engine originally manufactured as a motor-vehicle engine 
or a stationary engine that is later intended to be used in a vehicle 
subject to the standards and requirements of this part 1051, model year 
means the calendar year in which the engine was originally produced 
(see definition of ``new,'' paragraph (2)).
    (3) For a nonroad engine that has been previously placed into 
service in an application covered by 40 CFR part 90, 91, or 1048, where 
that engine is installed in a piece of equipment that is covered by 
this part 1051, model year means the calendar year in which the engine 
was originally produced (see definition of ``new ,'' paragraph (3)).
    (4) For engines that are not freshly manufactured but are installed 
in new recreational vehicles, model year means the calendar year in 
which the engine is installed in the recreational vehicle (see 
definition of ``new,'' paragraph (4)).
    (5) For imported engines:
    (i) For imported engines described in paragraph (5)(i) of the 
definition of ``new,'' model year has the meaning given in paragraphs 
(1) through (4) of this definition.
    (ii) For imported engines described in paragraph (5)(ii) of the 
definition of ``new,'' model year means the calendar year in which the 
vehicle is modified.
    Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In 
general,

[[Page 54927]]

motor vehicle means any vehicle that EPA deems to be capable of safe 
and practical use on streets or highways that has a maximum ground 
speed above 40 kilometers per hour (25 miles per hour) over level, 
paved surfaces.
    New means relating to any of the following things:
    (1) A freshly manufactured vehicle for which the ultimate purchaser 
has never received the equitable or legal title. This kind of vehicle 
might commonly be thought of as ``brand new.'' In the case of this 
paragraph (1), the vehicle becomes new when it is fully assembled for 
the first time. The engine is no longer new when the ultimate purchaser 
receives the title or the product is placed into service, whichever 
comes first.
    (2) An engine originally manufactured as a motor-vehicle engine or 
a stationary engine that is later intended to be used in a vehicle 
subject to the standards and requirements of this part 1051. In this 
case, the engine is no longer a motor-vehicle or stationary engine and 
becomes new. The engine is no longer new when it is placed into service 
as a recreational vehicle covered by this part 1051.
    (3) A nonroad engine that has been previously placed into service 
in an application covered by 40 CFR part 90, 91, or 1048, where that 
engine is installed in a piece of equipment that is covered by this 
part 1051. The engine is no longer new when it is placed into service 
in a recreational vehicle covered by this part 1051. For example, this 
would apply to a marine propulsion engine that is no longer used in a 
marine vessel.
    (4) An engine not covered by paragraphs (1) through (3) of this 
definition that is intended to be installed in a new vehicle covered by 
this part 1051. The engine is no longer new when the ultimate purchaser 
receives a title for the vehicle or it is placed into service, 
whichever comes first. This generally includes installation of used 
engines in new recreational vehicles.
    (5) An imported vehicle or engine, subject to the following 
provisions:
    (i) An imported recreational vehicle or recreational-vehicle engine 
covered by a certificate of conformity issued under this part that 
meets the criteria of one or more of paragraphs (1) through (4) of this 
definition, where the original manufacturer holds the certificate, is 
new as defined by those applicable paragraphs.
    (ii) An imported recreational vehicle or recreational-vehicle 
engine covered by a certificate of conformity issued under this part, 
where someone other than the original manufacturer holds the 
certificate (such as when the engine is modified after its initial 
assembly), becomes new when it is imported. It is no longer new when 
the ultimate purchaser receives a title for the vehicle or engine or it 
is placed into service, whichever comes first.
    (iii) An imported recreational vehicle or recreational-vehicle 
engine that is not covered by a certificate of conformity issued under 
this part at the time of importation is new, but only if it was 
produced on or after the 2007 model year. This addresses uncertified 
engines and equipment initially placed into service that someone seeks 
to import into the United States. Importation of this kind of new 
nonroad engine (or equipment containing such an engine) is generally 
prohibited by 40 CFR part 1068.
    Noncompliant means relating to a vehicle that was originally 
covered by a certificate of conformity, but is not in the certified 
configuration or otherwise does not comply with the conditions of the 
certificate.
    Nonconforming means relating to vehicle not covered by a 
certificate of conformity that would otherwise be subject to emission 
standards.
    Nonmethane hydrocarbon means the difference between the emitted 
mass of total hydrocarbons and the emitted mass of methane.
    Nonroad means relating to nonroad engines or equipment that 
includes nonroad engines.
    Nonroad engine has the meaning we give in 40 CFR 1068.30. In 
general this means all internal-combustion engines except motor-vehicle 
engines, stationary engines, engines used solely for competition, or 
engines used in aircraft.
    Off-highway motorcycle means a two-wheeled vehicle with a nonroad 
engine and a seat (excluding marine vessels and aircraft). (Note: 
highway motorcycles are regulated under 40 CFR part 86.)
    Official emission result means the measured emission rate for an 
emission-data vehicle on a given duty cycle before the application of 
any deterioration factor, but after the applicability of regeneration 
adjustment factors.
    Offroad utility vehicle means a nonroad vehicle that has four or 
more wheels, seating for two or more persons, is designed for operation 
over rough terrain, and has either a rear payload 350 pounds or more or 
seating for six or more passengers. Vehicles intended primarily for 
recreational purposes that are not capable of transporting six 
passengers (such as dune buggies) are not offroad utility vehicles. 
(Note: Sec.  1051.1(a) specifies that some offroad utility vehicles are 
required to meet the requirements that apply for all-terrain vehicles.)
    Oxides of nitrogen has the meaning we give in 40 CFR part 1065.
    Phase 1 means relating to Phase 1 standards of Sec. Sec.  1051.103, 
1051.105, or 1051.107, or other Phase 1 standards specified in subpart 
B of this part.
    Phase 2 means relating to Phase 2 standards of Sec.  1051.103, or 
other Phase 2 standards specified in subpart B of this part.
    Phase 3 means relating to Phase 3 standards of Sec.  1051.103, or 
other Phase 3 standards specified in subpart B of this part.
    Placed into service means put into initial use for its intended 
purpose.
    Point of first retail sale means the location at which the initial 
retail sale occurs. This generally means an equipment dealership, but 
may also include an engine seller or distributor in cases where loose 
engines are sold to the general public for uses such as replacement 
engines.
    Recreational means, for purposes of this part, relating to 
snowmobiles, all-terrain vehicles, off-highway motorcycles, and other 
vehicles that we regulate under this part. Note that 40 CFR part 90 
applies to engines used in other recreational vehicles.
    Revoke has the meaning we give in 40 CFR 1068.30.
    Round means to round numbers according to NIST Special Publication 
811 (incorporated by reference in Sec.  1051.810), unless otherwise 
specified.
    Scheduled maintenance means adjusting, repairing, removing, 
disassembling, cleaning, or replacing components or systems 
periodically to keep a part or system from failing, malfunctioning, or 
wearing prematurely. It also may mean actions you expect are necessary 
to correct an overt indication of failure or malfunction for which 
periodic maintenance is not appropriate.
    Small-volume manufacturer means one of the following:
    (1) For motorcycles and ATVs, a manufacturer that sold motorcycles 
or ATVs before 2003 and had annual U.S.-directed production of no more 
than 5,000 off-road motorcycles and ATVs (combined number) in 2002 and 
all earlier calendar years. For manufacturers owned by a parent 
company, the limit applies to the production of the parent company and 
all of its subsidiaries.
    (2) For snowmobiles, a manufacturer that sold snowmobiles before 
2003 and had annual U.S.-directed production of no more than 300 
snowmobiles in 2002

[[Page 54928]]

and all earlier model years. For manufacturers owned by a parent 
company, the limit applies to the production of the parent company and 
all of its subsidiaries.
    (3) A manufacturer that we designate to be a small-volume 
manufacturer under Sec.  1051.635.
    Snowmobile means a vehicle designed to operate outdoors only over 
snow-covered ground, with a maximum width of 1.5 meters or less.
    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark-ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation.
    Suspend has the meaning we give in 40 CFR 1068.30.
    Test sample means the collection of engines selected from the 
population of an engine family for emission testing. This may include 
testing for certification, production-line testing, or in-use testing.
    Test vehicle or engine means an engine in a test sample.
    Total hydrocarbon means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
    Total hydrocarbon equivalent means the sum of the carbon mass 
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes, 
or other organic compounds that are measured separately as contained in 
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled 
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is 
1.85:1.
    Ultimate purchaser means, with respect to any new nonroad equipment 
or new nonroad engine, the first person who in good faith purchases 
such new nonroad equipment or new nonroad engine for purposes other 
than resale.
    United States has the meaning we give in 40 CFR 1068.30.
    Upcoming model year means for an engine family the model year after 
the one currently in production.
    U.S.-directed production volume means the number of engine units, 
subject to the requirements of this part, produced by a manufacturer 
for which the manufacturer has a reasonable assurance that sale was or 
will be made to ultimate purchasers in the United States.
    Useful life means the period during which a vehicle is required to 
comply with all applicable emission standards, specified as a number of 
kilometers, hours, and/or calendar years. If an engine has no hour 
meter, disregard any specified value for useful life in hours. If an 
engine has no odmeter, disregard any specified value for useful life in 
kilometers. The useful life for an engine family must be at least as 
long as both of the following:
    (1) The expected average service life before the vehicle is 
remanufactured or retired from service.
    (2) The minimum useful life value.
    Void has the meaning we give in 40 CFR 1068.30.
    We (us, our) means the Administrator of the Environmental 
Protection Agency and any authorized representatives.
    Wide-open throttle means maximum throttle opening. Unless this is 
specified at a given speed, it refers to maximum throttle opening at 
maximum speed. For electronically controlled or other engines with 
multiple possible fueling rates, wide-open throttle also means the 
maximum fueling rate at maximum throttle opening under test conditions.
    254. Section 1051.805 is amended by adding ``CFR'', ``HC'', and 
``NIST'' to the table in alphabetical order to read as follows:


Sec.  1051.805  What symbols, acronyms, and abbreviations does this 
part use?

    The following symbols, acronyms, and abbreviations apply to this 
part:

CFR--Code of Federal Regulations.
HC--hydrocarbon.
NIST--National Institute of Standards and Technology.
    255. Section 1051.810 is revised to read as follows:


Sec.  1051.810  What materials does this part reference?

    Documents listed in this section have been incorporated by 
reference into this part. The Director of the Federal Register approved 
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and 
Radiation Docket and Information Center, 1301 Constitution Ave., NW., 
Room B102, EPA West Building, Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (a) ASTM material. Table 1 of this section lists material from the 
American Society for Testing and Materials that we have incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the sections of this part where we reference 
it. Anyone may purchase copies of these materials from the American 
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700, 
West Conshohocken, PA 19428. Table 1 follows:

               Table 1 of Sec.   1051.810--ASTM Materials
------------------------------------------------------------------------
                                                              Part 1051
                  Document number and name                    reference
------------------------------------------------------------------------
ASTM D471-98, Standard Test Method for Rubber Property--        1051.501
 Effect of Liquids.........................................
ASTM D814-95 (reapproved 2000), Standard Test Method for        1051.245
 Rubber Property--Vapor Transmission of Volatile Liquids...
------------------------------------------------------------------------

    (b) SAE material. Table 2 of this section lists material from the 
Society of Automotive Engineering that we have incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the sections of this part where we reference 
it. Anyone may purchase copies of these materials from the Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096. 
Table 2 follows:

                Table 2 of Sec.   1051.810--SAE Materials
------------------------------------------------------------------------
            Document number and name               Part 1051 reference
------------------------------------------------------------------------
SAE J30, Fuel and Oil Hoses, June 1998.........       1051.245, 1051.501

[[Page 54929]]

 
SAE J1930, Electrical/Electronic Systems                        1051.135
 Diagnostic Terms, Definitions, Abbreviations,
 and Acronyms, May 1998........................
SAE J2260, Nonmetallic Fuel System Tubing with                  1051.245
 One or More Layers, November 1996.............
------------------------------------------------------------------------

    (c) NIST material. Table 3 of this section lists material from the 
National Institute of Standards and Technology that we have 
incorporated by reference. The first column lists the number and name 
of the material. The second column lists the sections of this part 
where we reference it. Anyone may purchase copies of these materials 
from the Government Printing Office, Washington, DC 20402 or download 
them from the Internet at http://physics.nist.gov/Pubs/SP811/. Table 3 
follows:

               Table 3 of Sec.   1051.810--NIST Materials
------------------------------------------------------------------------
                                                              Part 1051
                  Document number and name                    reference
------------------------------------------------------------------------
NIST Special Publication 811, Guide for the Use of the          1051.801
 International System of Units (SI), 1995 Edition..........
------------------------------------------------------------------------

    256. Section 1051.815 is revised to read as follows:


Sec.  1051.815  What provisions apply to confidential information?

    (a) Clearly show what you consider confidential by marking, 
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40 
CFR part 2. Also, we will disclose it only as specified in 40 CFR part 
2. This applies both to any information you send us and to any 
information we collect from inspections, audits, or other site visits.
    (c) If you send us a second copy without the confidential 
information, we will assume it contains nothing confidential whenever 
we need to release information from it.
    (d) If you send us information without claiming it is confidential, 
we may make it available to the public without further notice to you, 
as described in 40 CFR 2.204.
    257. Section 1051.820 is revised to read as follows:


Sec.  1051.820  How do I request a hearing?

    (a) You may request a hearing under certain circumstances, as 
described elsewhere in this part. To do this, you must file a written 
request, including a description of your objection and any supporting 
data, within 30 days after we make a decision.
    (b) For a hearing you request under the provisions of this part, we 
will approve your request if we find that your request raises a 
substantial factual issue.
    (c) If we agree to hold a hearing, we will use the procedures 
specified in 40 CFR part 1068, subpart G.
    258.-259. Part 1065 is revised to read as follows:

PART 1065--ENGINE-TESTING PROCEDURES

Subpart A--Applicability and General Provisions

Sec.
1065.1 Applicability.
1065.2 Submitting information to EPA under this part.
1065.5 Overview of this part 1065 and its relationship to the 
standard-setting part.
1065.10 Other procedures.
1065.12 Approval of alternate procedures.
1065.15 Overview of procedures for laboratory and field testing.
1065.20 Units of measure and overview of calculations.
1065.25 Recordkeeping.
Subpart B--Equipment Specifications
1065.101 Overview.
1065.110 Dynamometers and operator demand.
1065.120 Fuel properties and fuel temperature and pressure.
1065.122 Engine fluids, heat rejection, and engine accessories.
1065.125 Engine intake air.
1065.130 Engine exhaust.
1065.140 Dilution for gaseous and PM constituents.
1065.145 Gaseous and PM probes, transfer lines, and sampling system 
components.
1065.150 Continuous sampling.
1065.170 Batch sampling for gaseous and PM constituents.
1065.190 PM-stabilization and weighing environments for gravimetric 
analysis.
1065.195 PM-stabilization environment for in-situ analyzers.
Subpart C--Measurement Instruments
1065.201 Overview and general provisions.
1065.202 Data recording and control.
1065.205 Performance specifications for measurement instruments.

MEASUREMENT OF ENGINE PARAMETERS AND AMBIENT CONDITIONS

1065.210 Speed and torque transducers.
1065.215 Pressure transducers, temperature sensors, and dewpoint 
sensors.

FLOW-RELATED MEASUREMENTS

1065.220 Fuel flow meter.
1065.225 Intake-air flow meter.
1065.230 Raw exhaust flow meter.
1065.240 Dilution air and diluted exhaust flow meters.
1065.245 Sample flow meter for batch sampling.
1065.248 Gas divider.

CO AND CO2 MEASUREMENTS

1065.250 Nondispersive infra-red analyzer.

HYDROCARBON MEASUREMENTS

1065.260 Flame ionization detector.
1065.265 Nonmethane cutter.
1065.267 Gas chromatograph.

NOX MEASUREMENTS

1065.270 Chemiluminescent detector.
1065.272 Nondispersive ultraviolet analyzer.
1065.274 Zirconia (ZrO2) analyzer.

O2 MEASUREMENTS

1065.280 Paramagnetic detection analyzer.
1065.284 Zirconia (ZrO2) analyzer.

PM MEASUREMENTS

1065.290 PM gravimetric balance.
1065.295 PM inertial balance for field-testing analysis.
Subpart D--Calibrations and Performance Checks
1065.301 Overview and general provisions.
1065.303 Summary of required calibration and performance checks
1065.305 Performance checks for accuracy, repeatability, and noise.
1065.307 Linearity check.
1065.308 Continuous gas analyzer system response check.

MEASUREMENT OF ENGINE PARAMETERS AND AMBIENT CONDITIONS

1065.310 Torque calibration.
1065.315 Pressure, temperature, and dewpoint calibration.

[[Page 54930]]

FLOW-RELATED MEASUREMENTS

1065.320 Fuel flow calibration.
1065.325 Intake flow calibration.
1065.330 Exhaust flow calibration.
1065.340 Diluted exhaust flow (CVS) calibration.
1065.341 CVS and batch sampler verification (i.e., propane check).
1065.345 Vacuum-side leak check.

CO AND CO2 MEASUREMENTS

1065.350 H2O interference check for CO2 NDIR 
analyzers.
1065.355 H2O and CO2 interference check for CO 
NDIR analyzers.

HYDROCARBON MEASUREMENTS

1065.360 FID optimization and performance checks.
1065.362 Raw exhaust FID O2 interference check.
1065.365 Nonmethane cutter penetration fractions determination.

NOX MEASUREMENTS

1065.370 CLD CO2 and H2O quench check.
1065.372 NDUV analyzer NMHC and H2O interference check.
1065.374 ZrO2 NOX analyzer NH3 
interference and NO2 response checks.
1065.376 Chiller NO2 penetration.
1065.378 NO2-to-NO converter conversion check.

PM MEASUREMENTS

1065.390 PM balance and weighing process performance check.
Subpart E--Engine Selection, Preparation, and Maintenance
1065.401 Test engine selection.
1065.405 Test engine preparation and maintenance.
1065.410 Maintenance limits for stabilized test engines.
1065.415 Durability demonstration.
Subpart F--Running an Emission Test in the Laboratory
1065.501 Overview.
1065.510 Engine mapping.
1065.512 Duty cycle generation.
1065.514 Cycle validation criteria.
1065.520 Pre-test verification procedures and pre-test data 
collection.
1065.525 Engine starting, restarting, and shutdown.
1065.530 Emission test sequence.
1065.545 Validation of proportional flow control for batch sampling.
1065.550 Constituent analyzer range validation, drift validation, 
and drift correction.
1065.590 PM sample preconditioning and tare weighing.
1065.595 PM sample post-conditioning and total weighing.
Subpart G--Calculations and Data Requirements
1065.601 Overview.
1065.602 Statistics.
1065.605 Field test system overall performance check.
1065.610 Test cycle generation.
1065.630 1980 international gravity formula.
1065.640 PDP and venturi (SSV and CFV) calibration calculations.
1065.642 SSV, CFV, and PDP flow rate calculations.
1065.645 Amount of water in an ideal gas.
1065.650 Emission calculations.
1065.655 Chemical balances of fuel, intake air, and exhaust.
1065.657 Drift validation and correction.
1065.658 Noise correction.
1065.659 Removed water correction.
1065.660 THC and NMHC determination.
1065.665 THCE and NMHCE determination.
1065.667 Dilution air background emission correction.
1065.670 NOX intake-air humidity correction.
1065.672 CLD quench check calculations.
1065.690 PM sample media buoyancy correction.
1065.695 Data requirements.
Subpart H--Engine Fluids, Test Fuels, and Analytical Gases
1065.701 General requirements for test fuels.
1065.703 Distillate diesel fuel.
1065.705 Residual fuel. [Reserved]
1065.710 Gasoline.
1065.715 Natural gas.
1065.720 Liquefied petroleum gas.
1065.740 Lubricants.
1065.745 Coolants.
1065.750 Analytical Gases.
1065.790 Mass standards.
Subpart I--Testing with Oxygenated Fuels
1065.801 Applicability.
1065.805 Sampling system.
1065.810 Calculations.
Subpart J--Field Testing
1065.901 Applicability.
1065.905 General provisions.
1065.910 Field-testing equipment.
1065.915 Measurement instruments.
1065.920 Calibrations and performance checks.
1065.925 Measurement equipment and analyzer preparation.
1065.930 Engine starting, restarting, and shutdown.
1065.935 Emission test sequence.
1065.940 Emission calculations.
Subpart K--Definitions and Other Reference Information
1065.1001 Definitions.
1065.1005 Symbols, abbreviations, acronyms, and units of measure.
1065.1010 Reference materials.

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

Subpart A--Applicability and General Provisions


Sec.  1065.1  Applicability.

    (a) This part describes the procedures that apply to testing we 
require for the following engines or for vehicles using the following 
engines:
    (1) Model year 2008 and later heavy-duty highway engines we 
regulate under 40 CFR part 86. For model years 2006 and 2007, 
manufacturers may use the test procedures in this part or those 
specified in 40 CFR part 86, subpart N.
    (2) Land-based nonroad diesel engines we regulate under 40 CFR part 
1039.
    (3) Large nonroad spark-ignition engines we regulate under 40 CFR 
part 1048.
    (4) Vehicles we regulate under 40 CFR part 1051 (such as 
snowmobiles and off-highway motorcycles) based on engine testing. See 
40 CFR part 1051, subpart F, for standards and procedures that are 
based on vehicle testing.
    (b) The procedures of this part may apply to other types of 
engines, as described in this part and in the standard-setting part.
    (c) This part is addressed to you as a manufacturer, but it applies 
equally to anyone who does testing for you.
    (d) Paragraph (a) of this section identifies the parts of the CFR 
that define emission standards and other requirements for particular 
types of engines. In this part, we refer to each of these other parts 
generically as the ''standard-setting part.'' For example, 40 CFR part 
1051 is always the standard-setting part for snowmobiles.
    (e) Unless we specify otherwise, the terms ``procedures'' and 
``test procedures'' in this part include all aspects of engine testing, 
including the equipment specifications, calibrations, calculations, and 
other protocols and procedural specifications needed to measure 
emissions.
    (f) For vehicles subject to this part and regulated under vehicle-
based standards, use good engineering judgment to interpret the term 
``engine'' in this part to include vehicles where appropriate.


Sec.  1065.2  Submitting information to EPA under this part.

    (a) You are responsible for statements and information in your 
applications for certification, requests for approved procedures, 
selective enforcement audits, laboratory audits, production-line test 
reports, field test reports, or any other statements you make to us 
related to this part 1065.
    (b) In the standard-setting part and in 40 CFR 1068.101, we 
describe your obligation to report truthful and complete information 
and the consequences of failing to meet this obligation. See also 18 
U.S.C. 1001 and 42 U.S.C. 7413(c)(2).
    (c) We may void any certificates associated with a submission of 
information if we find that you intentionally submitted false, 
incomplete, or misleading information. For example, if we find that you 
intentionally submitted incomplete information to mislead EPA when

[[Page 54931]]

requesting approval to use alternate test procedures, we may void the 
certificates for all engines families certified based on emission data 
collected using the alternate procedures.
    (d) We may require an authorized representative of your company to 
approve and sign the submission, and to certify that all of the 
information submitted is accurate and complete.
    (e) See 40 CFR 1068.10 for provisions related to confidential 
information. Note however that under 40 CFR 2.301, emission data is 
generally not eligible for confidential treatment.


Sec.  1065.5  Overview of this part 1065 and its relationship to the 
standard-setting part.

    (a) This part specifies procedures that apply generally to testing 
various categories of engines. See the standard-setting part for 
directions in applying specific provisions in this part for a 
particular type of engine. Before using this part's procedures, read 
the standard-setting part to answer at least the following questions:
    (1) What duty cycles must I use for laboratory testing?
    (2) Should I warm up the test engine before measuring emissions, or 
do I need to measure cold-start emissions during a warm-up segment of 
the duty cycle?
    (3) Which exhaust constituents do I need to measure?
    (4) Does testing require full-flow dilute sampling? Is raw sampling 
acceptable? Is partial-flow sampling acceptable?
    (5) Do any unique specifications apply for test fuels?
    (6) What maintenance steps may I take before or between tests on an 
emission-data engine?
    (7) Do any unique requirements apply to stabilizing emission levels 
on a new engine?
    (8) Do any unique requirements apply to test limits, such as 
ambient temperatures or pressures?
    (9) Is field testing required, and are there different emission 
standards or procedures that apply to field testing?
    (10) Are there any emission standards specified at particular 
engine-operating conditions or ambient conditions?
    (b) The testing specifications in the standard-setting part may 
differ from the specifications in this part. In cases where it is not 
possible to comply with both the standard-setting part and this part, 
you must comply with the specifications in the standard-setting part. 
The standard-setting part may also allow you to deviate from the 
procedures of this part for other reasons.
    (c) The following table shows how this part divides testing 
specifications into subparts:

------------------------------------------------------------------------
                                   Describes these specifications or
      This subpart. . .                     procedures. . .
------------------------------------------------------------------------
Subpart A....................  Applicability and general provisions.
Subpart B....................  Equipment for testing.
Subpart C....................  Measurement instruments for testing.
Subpart D....................  Calibration and performance checks for
                                measurement systems.
Subpart E....................  How to prepare engines for testing,
                                including service accumulation.
Subpart F....................  How to run an emission test.
Subpart G....................  Test procedure calculations.
Subpart H....................  Fuels, engine fluids, analytical gases,
                                and other calibration standards for
                                testing.
Subpart I....................  Special procedures related to oxygenated
                                fuels.
Subpart J....................  How to do field testing of in-use
                                vehicles.
Subpart K....................  Definitions, abbreviations, and other
                                reference information.
------------------------------------------------------------------------

Sec.  1065.10  Other procedures.

    (a) Your testing. The procedures in this part apply for all testing 
you do to show compliance with emission standards, with certain 
exceptions listed in this section. In some other sections in this part, 
we allow you to use other procedures (such as less precise or less 
accurate procedures) if they do not affect your ability to show that 
your engines comply with all applicable emission standards. This 
generally requires emission levels to be far enough below the 
applicable emission standards so that any errors caused by greater 
imprecision or inaccuracy do not affect your ability to state 
unconditionally that the engines meet all applicable emission 
standards.
    (b) Our testing. These procedures generally apply for testing that 
we do to determine if your engines comply with applicable emission 
standards. We may perform other testing as allowed by the Act.
    (c) Exceptions. We may allow or require you to use procedures other 
than those specified in this part in the following cases, which may 
apply to laboratory testing, field testing, or both:
    (1) The procedures in this part are intended to produce emission 
measurements equivalent to those that would result from measuring 
emissions during in-use operation using the same engine configuration 
as installed in a vehicle. If good engineering judgment indicates that 
use of the procedures in this part for an engine would result in 
measurements that do not represent in-use operation, you must notify 
us. If we determine that using these procedures would result in 
measurements that are significantly unrepresentative and that changing 
the procedures would result in more representative measurements--and 
not decrease the stringency of emission standards--we will specify 
changes to the procedures. In your notification to us, you should 
recommend specific changes you think are necessary.
    (2) You may request to use special procedures if your engine cannot 
be tested using the specified procedures. We will approve your request 
if we determine that it would produce emission measurements that 
represent in-use operation and we determine that it can be used to show 
compliance with the requirements of the standard-setting part.
    The following situations illustrate examples that may require 
special procedures:
    (i) Your engine cannot operate on the specified duty cycle. In this 
case, tell us in writing why you cannot satisfactorily test your engine 
using this part's procedures and ask to use a different approach.
    (ii) Your electronic control module requires specific input signals 
that are not available during dynamometer testing. In this case, tell 
us in writing what signals you will simulate, such as vehicle speed or 
transmission signals, and explain why these signals are necessary for 
representative testing.
    (3) In a given model year, you may use procedures required for 
later model year engines without request. If you upgrade your testing 
facility in stages, you may rely on a combination of procedures for 
current and later model year engines as long as you can ensure, using 
good engineering judgment, that any combination you use does not affect 
your ability to show compliance with the applicable emission standards.

[[Page 54932]]

    (4) In a given model year, you may ask to use procedures allowed 
for earlier model year engines. We will approve this only if you show 
us that using the procedures allowed for earlier model years does not 
affect your ability to show compliance with the applicable emission 
standards.
    (5) You may ask to use emission data collected using other 
procedures, such as those of the California Air Resources Board or the 
International Organization for Standardization. We will approve this 
only if you show us that using these other procedures does not affect 
your ability to show compliance with the applicable emission standards.
    (6) You may request to use alternate procedures that are equivalent 
to allowed procedures. Follow the instructions in Sec.  1065.12. We 
will consider alternate procedures equivalent if they are more accurate 
or more precise than allowed procedures. You may request to use a 
particular device or method for laboratory testing even though it was 
originally designed for field testing. We may approve your request by 
telling you directly, or we may issue guidance announcing our approval 
of a specific alternate procedure, which would make additional requests 
for approval unnecessary.
    (d) If we require you to request approval to use other procedures 
under paragraph (c) of this section, you may not use them until we 
approve your request.


Sec.  1065.12  Approval of alternate procedures.

    (a) To get approval for an alternate procedure under Sec.  
1065.10(c) where necessary, send the Designated Compliance Officer an 
initial written request describing the alternate procedure and why you 
believe it is equivalent to the specified procedure. We may approve 
your request based on this information alone, or, as described in this 
section, we may ask you to submit additional information showing that 
the alternate procedure is consistently and reliably equivalent to the 
specified procedure.
    (b) We may make our approval under this section conditional upon 
meeting other requirements or specifications. We may limit our approval 
to certain time frames, specific types of engines, specific duty 
cycles, or specific emission standards.
    (c) Although we will make every effort to approve only alternate 
procedures that completely meet our requirements, we may revoke our 
approval of an alternate procedure if new information shows that it is 
significantly not equivalent to the specified procedure. If we do this, 
we will grant time to switch to testing using an allowed procedure, 
considering the following factors:
    (1) The cost, difficulty, and availability to switch to a procedure 
that we allow.
    (2) The degree to which the alternate procedure affects your 
ability to show that your engines comply with all applicable emission 
standards.
    (3) Any relevant factors considered in our original approval.
    (d) If we do not approve your proposed alternate procedure based on 
the information in your initial request, we may ask you to send the 
following information to fully evaluate your request:
    (1) Theoretical basis. Give a brief technical description 
explaining why you believe the proposed alternate procedure should 
result in emission measurements equivalent to those using the specified 
procedure. You may include equations, figures, and references. You 
should consider the full range of parameters that may affect 
equivalence. For example, for a request to use a different 
NOX measurement procedure, you should theoretically relate 
the alternate detection principle to the specified detection principle 
over the expected concentration ranges for NO, NO2, and 
interference gases. For a request to use a different PM measurement 
procedure, you should explain the principles by which the alternate 
procedure quantifies particulate mass independent of PM size and 
composition, and how it is affected by changes in semi-volatile phase 
distribution. For any proportioning or integrating procedure, such as a 
partial-flow dilution system, you should compare the alternate 
procedure's theoretical response to the expected response under the 
specified procedure.
    (2) Technical description. Describe briefly any hardware or 
software needed to perform the alternate procedure. You may include 
dimensioned drawings, flowcharts, schematics, and component 
specifications. Explain any necessary calculations or other data 
manipulation.
    (3) Procedure execution. Describe briefly how to perform the 
alternate procedure and suggest a level of training an operator should 
have to achieve acceptable results. Summarize the installation, 
calibration, operation, and maintenance procedures in a step-by-step 
format. Describe how any calibration is performed using NIST-traceable 
standards or other similar standards we approve. Calibration must be 
specified by using known quantities and must not be specified by 
comparing with other allowed procedures.
    (4) Data-collection techniques. Compare measured emission results 
using the proposed alternate procedure and the specified procedure, as 
follows:
    (i) Both procedures must be calibrated independently to NIST-
traceable standards or to other similar standards we approve.
    (ii) Include measured emission results from all applicable duty 
cycles. Measured emission results should show that the test engine 
meets all applicable emission standards according to specified 
procedures.
    (iii) Use statistical methods to evaluate the emission 
measurements, such as those described in paragraph (e) of this section.
    (e) We may give you specific directions regarding methods for 
statistical analysis, or we may approve other methods that you propose. 
Absent any other directions from us, you may use a t-test and an F-test 
calculated according to Sec.  1065.602 to evaluate whether your 
proposed alternate procedure is equivalent to the specified procedure. 
We recommend that you consult a statistician if you are unfamiliar with 
these statistical tests. Perform the tests as follows:
    (1) Repeat measurements for all applicable duty cycles at least 
seven times for each procedure. You may use laboratory duty cycles to 
evaluate field-testing procedures. Be sure to include all available 
results to evaluate the precision and accuracy of the proposed 
alternate procedure, as described in Sec.  1065.2.
    (2) Demonstrate the accuracy of the proposed alternate procedure by 
showing that it passes a two-sided t-test. Use an unpaired t-test, 
unless you show that a paired t-test is appropriate under both of the 
following provisions:
    (i) For paired data, the population of the paired differences from 
which you sampled paired differences must be independent. That is, the 
probability of any given value of one paired difference is unchanged by 
knowledge of the value of another paired difference. For example, your 
paired data would violate this requirement if your series of paired 
differences showed a distinct increase or decrease that was dependent 
on the time at which they were sampled.
    (ii) For paired data, the population of paired differences from 
which you sampled the paired differences must have a normal (i.e., 
Gaussian) distribution. If the population of paired difference is not 
normally distributed, consult a statistician for a more appropriate 
statistical test, which may include transforming the data with a

[[Page 54933]]

mathematical function or using some kind of non-parametric test.
    (3) Show that t is less than the critical t value, 
tcrit, tabulated in Sec.  1065.602, for the following 
confidence intervals:
    (i) 90% for a proposed alternate procedure for laboratory testing.
    (ii) 95% for a proposed alternate procedure for field testing.
    (4) Demonstrate the precision of the proposed alternate procedure 
by showing that it passes an F-test. Use one sample from the reference 
procedure and one sample from the alternate procedure to perform an F-
test. The samples must meet the following requirements:
    (i) Within each sample, the values must be independent. That is, 
the probability of any given value in a sample must be unchanged by 
knowledge of another value in that sample. For example, your data would 
violate this requirement if your series of values from one of the 
samples showed a distinct increase or decrease that was dependent on 
the time at which they were sampled.
    (ii) For each sample, the population of values from which you 
sampled must have a normal (i.e., Gaussian) distribution. If the 
population of values is not normally distributed for each sample, 
consult a statistician for a more appropriate statistical test, which 
may include transforming the data with a mathematical function or using 
some kind of non-parametric test.
    (iii) The two samples must be independent of each other. That is, 
the probability of any given value in one sample must be unchanged by 
knowledge of another value in the other sample. For example, your data 
would violate this requirement if one sample showed a distinct increase 
or decrease that was dependent on a value in the other sample. Note 
that a trend of emission changes from an engine would not violate this 
requirement.
    (iv) If you collect paired data for the paired t-test in paragraph 
(e)(2) in this section, you may select some subsets of that data for 
the F-test. If you do this, select subsets that do not mask the 
precision of the measurement procedure. We recommend selecting such 
subsets from data collected using the same engine, measurement 
instruments, and test cycle.
    (5) Show that F is less than the critical F value, 
Fcrit, tabulated in Sec.  1065.602. If you have several F-
test results from several subsets of data, show that the mean F-test 
value is less than the mean critical F value for all the subsets. 
Evaluate Fcrit, based on the following confidence intervals:
    (i) 90% for a proposed alternate procedure for laboratory testing.
    (ii) 95% for a proposed alternate procedure for field testing.


Sec.  1065.15  Overview of procedures for laboratory and field testing.

    This section outlines the procedures to test engines that are 
subject to emission standards.
    (a) In the standard-setting part, we set brake-specific emission 
standards in g/kW.hr (or g/hp.hr), for the following constituents:
    (1) Total oxides of nitrogen, NOX.
    (2) Hydrocarbons (HC), which may be expressed in the following 
ways:
    (i) Total hydrocarbons, THC.
    (ii) Nonmethane hydrocarbons, NMHC, which results from subtracting 
methane (CH4) from THC.
    (iii) Total hydrocarbon-equivalent, THCE, which results from 
adjusting THC mathematically to be equivalent on a carbon-mass basis.
    (iv) Nonmethane hydrocarbon-equivalent, NMHCE, which results from 
adjusting NMHC mathematically to be equivalent on a carbon-mass basis.
    (3) Particulate mass, PM.
    (4) Carbon monoxide, CO.
    (b) Note that some engines are not subject to standards for all the 
emission constituents identified in paragraph (a) of this section.
    (c) We set brake-specific emission standards over test intervals, 
as follows:
    (1) Engine operation. Engine operation is specified over a test 
interval. A test interval is the time over which an engine's total mass 
of emissions and its total work are determined. Refer to the standard-
setting part for the specific test intervals that apply to each engine. 
Testing may involve measuring emissions and work under the following 
types of engine operation:
    (i) Laboratory testing. Under this type of testing, you determine 
brake-specific emissions for duty-cycle testing with an engine and 
dynamometer in a laboratory. This typically consists of one or more 
test intervals, each defined by a sequence of speeds and torques, which 
an engine must follow. If the standard-setting part allows it, you may 
also simulate field testing by running an engine on a dynamometer in a 
laboratory.
    (ii) Field testing. This type of testing consists of normal in-use 
engine operation while an engine is installed in a vehicle.
    (2) Constituent determination. Determine the total mass of each 
constituent over a test interval by selecting from the following 
methods:
    (i) Continuous sampling. In continuous sampling, measure the 
constituent's concentration continuously from raw or dilute exhaust. 
Multiply this concentration by the corresponding (synchronous) flow 
rate of the raw or dilute exhaust from which it is sampled to determine 
the constituent's flow rate. Integrate the constituent's flow rate 
continuously over the test interval to determine the total mass of the 
emitted constituent.
    (ii) Batch sampling. In batch sampling, continuously extract and 
store a sample of raw or dilute exhaust for later measurement. Extract 
a sample proportional to the raw or dilute exhaust flow rate. You may 
extract and store a proportional sample of exhaust in an appropriate 
container, such as a bag, and then measure HC, CO, and NOX 
concentrations in the container after the test interval. You may 
deposit PM from proportionally extracted exhaust onto an appropriate 
substrate, such as a filter. In this case, divide the PM by the amount 
of filtered exhaust to calculate the PM concentration. Multiply batch 
sampling amounts by the total flow (raw or dilute) from which it was 
extracted during the test interval. This product is the total mass of 
the emitted constituent.
    (iii) You may use continuous and batch sampling simultaneously 
during a test interval, as follows:
    (A) You may use continuous sampling for some constituents and batch 
sampling for others.
    (B) You may use continuous and batch sampling for a single 
constituent, with one being a redundant measurement. See Sec.  1065.201 
for more information on redundant measurements.
    (3) Work determination. Determine work over a test interval by one 
of the following methods:
    (i) Speed and torque. For laboratory testing, synchronously 
multiply speed and brake torque to calculate instantaneous values for 
engine brake power. Integrate engine brake power over a test interval 
to determine total work.
    (ii) Fuel consumed and brake-specific fuel consumption. Directly 
measure fuel consumed or calculate it with chemical balances of the 
fuel, intake air, and exhaust. To calculate fuel consumed by a chemical 
balance, you must also measure either intake-air flow rate or exhaust 
flow rate. Divide the fuel consumed during a test interval by the 
brake-specific fuel consumption to determine work over the test 
interval. For laboratory testing, calculate the brake-specific fuel 
consumption using fuel consumed and speed and torque over a test 
interval. For field testing, refer to the standard-setting part and

[[Page 54934]]

Sec.  1065.915 for selecting an appropriate value for brake-specific 
fuel consumption.
    (d) Refer to Sec.  1065.650 for calculations to determine brake-
specific emissions.
    (e) See Figure 1 of Sec.  1065.15 for an illustration of the 
default laboratory measurement configuration and the other allowed 
measurement configurations described in this part 1065.
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Sec.  1065.20  Units of measure and overview of calculations.

    (a) System of units. The procedures in this part generally follow 
the International System of Units (SI), as detailed in NIST Special 
Publication 811, 1995 Edition, ``Guide for the Use of the International 
System, of Units (SI),'' which we incorporate by reference in Sec.  
1065.1010. This document is available on the Internet at http://physics.nist.gov/Pubs/SP811/contents.html. Note the following 
exceptions:

[[Page 54935]]

    (1) We designate rotational frequency of an engine's crankshaft in 
revolutions per minute (rev/min), rather than the SI unit of reciprocal 
seconds (1/s). This is based on the commonplace use of rev/min in many 
engine dynamometer laboratories. Also, we use the symbol fn 
to identify rotational frequency in rev/min, rather than the SI 
convention of using n. This avoids confusion with our usage of the 
symbol n for a molar quantity.
    (2) We designate brake-specific emissions in grams per kilowatt-
hour (g/kW.hr), rather than the SI unit of grams per megajoule (g/MJ). 
This is based on the fact that engines are generally subject to 
emission standards expressed in g/kW.hr. If we specify engine standards 
in grams per horsepower.hour (g/hp.hr) in the standard-setting part, 
convert units as specified in paragraph (d) of this section.
    (3) We designate temperatures in units of degrees Celsius ([deg]C) 
unless a calculation requires an absolute temperature. In that case, we 
designate temperatures in units of Kelvin (K). For conversion purposes 
throughout this part, 0 [deg]C equals 273.15 K.
    (b) Concentrations. This part does not rely on amounts expressed in 
parts per million or similar units. Rather, we express such amounts in 
the following SI units:
    (1) For ideal gases, [micro]mol/mol, formerly ppm (volume).
    (2) For all substances, [micro]m3/m3, 
formerly ppm (volume).
    (3) For all substances, mg/kg, formerly ppm (mass).
    (c) Absolute pressure. Measure absolute pressure directly calculate 
it as the sum of barometric pressure plus a differential pressure that 
is referenced to barometric pressure.
    (d) Units conversion. Use the following conventions to convert 
units:
    (1) Testing. You may record values and perform calculations with 
other units. For testing with equipment that involves other units, use 
the conversion factors from NIST Special Publication 811, as described 
in paragraph (a) of this section.
    (2) Humidity. In this part, we identify humidity levels by 
specifying dewpoint, which is the temperature at which pure water 
begins to condense out of air. Use humidity conversions as described in 
Sec.  1065.645.
    (3) Emission standards. For engines that are subject to emission 
standards in other units, see Sec.  1065.650 to convert emission 
results for comparison to emission standards.
    (e) Rounding. Round only final values, not intermediate values. 
Round values based on the number of significant figures necessary to 
match the applicable standard or specification.
    (f) Interpretation of ranges. In this part, we specify ranges such 
as ``10 % of maximum pressure'', ``(40 to 50) kPa'', or 
``(30 10) kPa''. Interpret a range as a tolerance unless we 
explicitly identify it as an accuracy, repeatability, linearity, or 
noise specification. See Sec.  1065.1001 for the definition of 
Tolerance.
    (g) Scaling of specifications with respect to a standard. Because 
this part 1065 is applicable to a wide range of engines, some of the 
specifications in this part are scaled with respect to an engine's 
emission standard or maximum power. This ensures that the specification 
will be adequate to determine compliance, but not overly burdensome by 
requiring unnecessarily high-precision equipment. Many of these 
specifications are given with respect to a ``flow-weighted average'' 
that is expected at the standard. Flow-weighted average means the 
average of a quantity after it is weighted proportional to a 
corresponding flow rate. For example, if a gas concentration is 
measured continuously from the raw exhaust of an engine, its flow-
weighted average concentration is the sum of the products of each 
recorded concentration times its respective exhaust flow rate, divided 
by the number of recorded values. As another example, the bag 
concentration from a CVS system is the same as the flow-weighted 
average concentration, because the CVS system itself flow-weights the 
bag concentration.


Sec.  1065.25  Recordkeeping.

    The procedures in this part include various requirements to record 
data or other information. Refer to the standard-setting part regarding 
recordkeeping requirements. If the standard-setting part does not 
specify recordkeeping requirements, store these records in any format 
and on any media and keep them readily available for one year after you 
send an associated application for certification, or one year after you 
generate the data if they do not support an application for 
certification. You must promptly send us organized, written records in 
English if we ask for them. We may review them at any time.

Subpart B--Equipment Specifications


Sec.  1065.101  Overview.

    (a) This subpart specifies equipment, other than measurement 
instruments, related to emission testing. This includes three broad 
categories of equipment--dynamometers, engine fluids and systems, and 
emission-sampling hardware. Figure 1 of Sec.  1065.101 illustrates the 
equipment specified in this subpart.
    (b) Other related subparts in this part identify measurement 
instruments (subpart C), describe how to evaluate the performance of 
these instruments (subpart D), and specify engine fluids and analytical 
gases (subpart H).
    (c) Subpart J of this part describes additional equipment that is 
specific to field testing.
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Sec.  1065.110  Dynamometers and operator demand.

    (a) Dynamometers. Use an engine dynamometer that is able to meet 
the cycle validation criteria in Sec.  1065.514 over each applicable 
duty cycle.
    (1) Eddy-current and water-brake dynamometers may generally be used 
for any testing that does not involve engine motoring, which is 
identified by negative torque commands in a duty cycle.
    (2) Alternating-current and direct-current motoring dynamometers 
may generally be used for any type of testing.
    (3) A combination of dynamometers may be used in series.
    (b) Operator demand. Command the operator demand and the 
dynamometer to follow the prescribed duty cycle with set points for 
engine speed and torque at 5 Hz or more frequently. Use a mechanical or 
electronic input to control operator demand such that the engine is 
able to meet the validation criteria in Sec.  1065.514 over each 
applicable duty cycle. Record feedback values for engine speed and 
torque at 5 Hz or more frequently for evaluating performance relative 
to the cycle validation criteria. Using good engineering judgment, you 
may improve control of operator demand by altering on-engine speed and 
torque controls. However, if these changes result in unrepresentative 
testing, you must notify us and recommend other test procedures under 
Sec.  1065.10(c)(2).


Sec.  1065.120  Fuel properties and fuel temperature and pressure.

    (a) Use fuels as specified in subpart H of this part.
    (b) If the engine manufacturer specifies fuel temperature and 
pressure tolerances at the inlet to the fuel injection pump or other 
location, measure this fuel temperature and pressure to show that you 
stay within the tolerances throughout testing.


Sec.  1065.122  Engine fluids, heat rejection, and engine accessories.

    (a) Lubricating oil. Use lubricating oils specified in Sec.  
1065.740.
    (b) Engine cooling. Cool the engine during testing so its intake-
air, oil, coolant, block, and head temperatures are within their 
expected ranges for normal operation. Measure temperatures at the 
manufacturer-specified locations. You may use auxiliary engine fans 
subject to the provisions of paragraph (c) of this section. For liquid-
cooled engines, use coolant as specified in Sec.  1065.745.
    (c) Engine accessories. You may install or simulate the load of 
engine accessories required to fuel, lubricate, or heat the engine, 
circulate coolant to the engine, or to operate aftertreatment devices. 
Operate the engine with these accessories installed or simulated during 
all testing operations, including mapping. If these accessories are not 
powered by the engine during a test, subtract the work required to 
perform these functions from the total work used in brake-specific 
emission calculations. Subtract engine-fan work from total work only 
for air-cooled engines.
    (d) Engine starter. You may install a production-type starter.


Sec.  1065.125  Engine intake air.

    (a) Use the intake-air system installed on the engine or one that 
represents a typical in-use configuration.
    (b) Measure temperature, humidity, and barometric pressure near the 
entrance to the engine's air filter, or at the inlet to the air intake 
system for engines that have no air filter. You may use a central 
laboratory barometer as long as your equipment for handling intake air 
maintains ambient pressure where you test the engine within 1 % of the 
central laboratory barometer pressure. You may use a single humidity 
measurement for intake air from a shared air handler instead of a local 
intake-air humidity measurement.
    (c) Use an air-intake restriction that represents production 
engines. Make sure the intake-air restriction is between the 
manufacturer's specified maximum for a clean filter and the 
manufacturer's specified maximum allowed. Measure this value at the 
location and at the speed and torque set points specified by the 
manufacturer. As the manufacturer, you are liable for emission 
compliance for all values up to the maximum restriction you specify for 
a particular engine.
    (d) If you simulate charge-air cooling, use a laboratory charge-air 
cooling system with a total intake-air capacity that represents 
production engines' in-use installation. Maintain coolant conditions as 
follows:
    (1) Maintain a coolant temperature of at least 20 [deg]C at the 
inlet to the charge-air cooler throughout testing.
    (2) At maximum engine power, set the coolant flow rate to achieve 
an air temperature within 5 [deg]C of the value specified 
by the manufacturer at the charge-air cooler outlet. Measure the air-
outlet temperature at the location specified by the manufacturer. Use 
this coolant flow rate throughout testing, unless it prevents you from 
being able to determine compliance with the applicable standards.


Sec.  1065.130  Engine exhaust.

    (a) Use the exhaust system installed with the engine or one that 
represents a typical in-use configuration. This includes any applicable 
aftertreatment devices. If the exhaust system for testing is not one 
that is installed with the engine, or if you add a length of exhaust 
tubing to the installed exhaust system, observe the following 
specifications:
    (1) Position any aftertreatment device so its distance from the 
nearest exhaust manifold flange or turbocharger outlet is within the 
range specified by the engine manufacturer in the application for 
certification. If this distance is not specified, position 
aftertreatment devices to represent a typical vehicle configuration.
    (2) Use exhaust tubing upstream of any aftertreatment device with a 
diameter that represents a typical in-use configuration. Position each 
aftertreatment device in the exhaust stream in a way that represents 
production engines.
    (3) Downstream of the outlet of the exhaust manifold, turbocharger 
or last aftertreatment device, use tubing materials that are smooth-
walled, electrically conductive, and not reactive with exhaust 
constituents. Stainless steel is an acceptable material. Minimize tube 
lengths. Use thin-walled or air gap-insulated tubing to minimize 
temperature differences between the wall and the exhaust. You may 
install short sections of flexible tubing at connection points--up to 
20 % of the total length of exhaust tubing.
    (b) Use a length of up to 65 diameters of tubing from the outlet of 
the exhaust manifold, turbocharger or last aftertreatment device to any 
raw sampling probe or dilution stage. Insulate any length of exhaust 
tubing beyond the first 25 diameters of length.
    (c) You may insert instruments into the exhaust tubing, such as an 
in-line smoke meter. If you do this, you may leave a length of up to 5 
diameters of exhaust tubing uninsulated on each side of each 
instrument, but you may leave a length of no more than 25 diameters of 
tubing uninsulated in total, including any lengths adjacent to in-line 
instruments.
    (d) Electrically ground the entire exhaust system.
    (e) Unless the standard-setting part specifies otherwise, you may 
do forced cool-down of aftertreatment devices using good engineering 
judgment to prepare for cold-start testing. For example, you may set up 
a system to send cooling air through an aftertreatment system. In this 
case, good engineering judgment would indicate that you should send 
cooling air with a

[[Page 54938]]

temperature of at least 15 [deg]C in the normal direction of exhaust 
flow, and that you should not start flowing cool air until the 
aftertreatment system has cooled below its catalytic activation 
temperature. For platinum group metal catalysts, this temperature is 
about 200 [deg]C. In no case may you use a cooling procedure that 
results in unrepresentative emissions (see Sec.  1065.10(c)(1)).
    (f) Use an exhaust restriction that represents the performance of 
production engines. Make sure the exhaust restriction is 80 % to 100 % 
of the maximum exhaust restriction specified by the manufacturer. 
Measure this value at the location and at the speed and torque set 
points specified by the manufacturer. As the manufacturer, you are 
liable for emission compliance for all values up to the maximum 
restriction you specify for a particular engine.
    (g) Route open crankcase emissions directly into the exhaust system 
for emission measurement, as allowed by the standard-setting part, as 
follows:
    (1) Use tubing materials that are smooth-walled, electrically 
conductive, and not reactive with crankcase emissions. Stainless steel 
is an acceptable material. Minimize tube lengths. We also recommend 
using heated or thin-walled or air gap-insulated tubing to minimize 
temperature differences between the wall and the crankcase emission 
constituents. You may install short sections of flexible tubing at 
connection points--up to 20 % of the total length of crankcase exhaust 
tubing.
    (2) Use a length of crankcase exhaust tubing that does not exceed 
the length of your engine exhaust tubing. Measure this from the exit of 
the engine's crankcase system to the point where it enters the raw 
exhaust tubing.
    (3) Minimize the number of bends in the crankcase exhaust tubing 
and maximize the radius of any unavoidable bend.
    (4) Use crankcase exhaust tubing that meets the engine 
manufacturer's specifications for crankcase back pressure.
    (5) Connect the crankcase exhaust tubing into the raw exhaust 
downstream of any aftertreatment system and downstream of any installed 
exhaust restriction. Extend the crankcase exhaust tube into the free 
stream of exhaust to avoid boundary-layer effects and to promote 
mixing. The crankcase exhaust tube's outlet may be oriented in any 
direction relative to the raw exhaust flow.


Sec.  1065.140  Dilution for gaseous and PM constituents.

    (a) General. You may dilute exhaust with ambient air, synthetic 
air, or nitrogen that is at least 15 [deg]C. Note that the composition 
of dilution air affects some measurement instruments for gaseous 
constituents. We recommend diluting exhaust at a location as close as 
possible to the location where ambient air dilution would occur in use.
    (b) Dilution-air conditions and background concentrations. You may 
precondition the dilution air by increasing or decreasing its 
temperature or humidity. You may also remove constituents to reduce 
their background concentrations. The following provisions apply to 
removing constituents or accounting for background concentrations:
    (1) You may measure constituent concentrations in the dilution air 
and compensate for their background effect on test results. Measure 
these background concentrations the same way you measure diluted 
exhaust constituents. See Sec.  1065.650 for calculations that 
compensate for background concentrations.
    (2) For measuring PM, we recommend that you filter all dilution 
air, including primary full-flow dilution air, with high-efficiency 
particulate air (HEPA) filters. Ensure that HEPA filters are installed 
properly so that background PM does not leak past the HEPA filters. If 
you correct for background PM instead of using HEPA filtration, 
demonstrate that the background PM in the dilution air contributes less 
than 50% to the net PM collected.
    (c) Full-flow dilution; constant-volume sampling (CVS). You may 
dilute the full flow of raw exhaust in a dilution tunnel that maintains 
a nominally constant-volume flow rate of diluted exhaust, as follows:
    (1) Construction. Use a tunnel with inside surfaces of 300 series 
stainless steel. Electrically ground the entire dilution tunnel. We 
recommend a thin-walled or air gap-insulated dilution tunnel to 
minimize temperature differences between the wall and the exhaust 
gases.
    (2) Pressure control. Maintain the static pressure in the dilution 
tunnel within 1 % of the barometric pressure at the location where raw 
exhaust is introduced into the tunnel. You may use a booster blower to 
control this pressure. If you show that your engines require more 
careful pressure control in the dilution tunnel, we will maintain the 
static pressure of the dilution tunnel within your specification as low 
as 0.25% of barometric pressure when we test your engines.
    (3) Mixing. Introduce raw exhaust into the tunnel by directing it 
downstream along the centerline of the tunnel. You may introduce a 
fraction of dilution air radially from the tunnel's inner surface to 
minimize exhaust interaction with the tunnel walls. You may configure 
the system with turbulence generators such as orifice plates or fins to 
achieve good mixing. We recommend a minimum Reynolds number, 
Re of 4000 for the diluted exhaust stream, where 
Re is based on the diameter of the dilution tunnel. 
Re is defined in Sec.  1065.640.
    (4) Flow measurement preconditioning. You may condition the diluted 
exhaust before measuring its total flow rate, as long as this 
conditioning takes place downstream of any sample probes, as follows:
    (i) You may use flow straighteners, pulsation dampeners, or both of 
these.
    (ii) You may use a filter.
    (iii) You may use a heat exchanger to control the temperature of 
the diluted exhaust flow.
    (5) Flow measurement. Section 1065.240 describes measurement 
instruments for diluted exhaust flow.
    (6) Aqueous condensation. You may either prevent aqueous 
condensation throughout the dilution tunnel or you may measure humidity 
at the flow-measurement inlet. Note that preventing aqueous 
condensation involves more than keeping pure water in a vapor phase 
(see Sec.  1065.1001). Calculations in Sec.  1065.650 account for 
either method of addressing humidity in the diluted exhaust.
    (7) Flow compensation. Maintain nominally constant molar flow of 
diluted exhaust (in mol/s). Control temperature and pressure at the 
flow meter or compensate for temperature-related or pressure-related 
flow variations by directly controlling the flow of diluted exhaust or 
by directly controlling the flow of proportional samplers. For an 
individual test, validate proportional sampling as described in Sec.  
1065.545.
    (d) Partial-flow dilution (PFD). Except as specified in this 
paragraph (d), you may dilute a partial flow of raw or previously 
diluted exhaust before measuring emissions. Section 1065.240 describes 
instrument specifications for PFD-related flow measurement. PFD may 
consist of constant or varying dilution ratios as described in 
paragraphs (d)(2) and (3) of this section.
    (1) Exceptions. (i) You may not use PFD if the standard-setting 
part does not allow it.
    (ii) You may use PFD for extracting a proportional PM sample for 
laboratory measurement over transient and ramped-modal duty cycles only 
if we

[[Page 54939]]

have explicitly approved it as equivalent to the specified procedure 
for full-flow CVS under Sec.  1065.10. Note that you may generally use 
PFD to extract a proportional PM sample for laboratory measurement over 
steady-state duty cycles and for any field-testing measurements.
    (2) Constant dilution-ratio PFD. Do one of the following for 
constant dilution-ratio PFD:
    (i) Dilute an already proportional flow. For example, you may do 
this as a way of performing secondary dilution from a CVS tunnel to 
achieve temperature control for PM sampling.
    (ii) Continuously measure constituent concentrations. For example, 
you might dilute to precondition a sample of raw exhaust to control its 
temperature, humidity, or constituent concentrations upstream of 
continuous analyzers. In this case, you must take into account the PFD 
dilution ratio before multiplying the continuous concentration by the 
sampled exhaust flow rate.
    (iii) Extract a proportional sample from the constant dilution 
ratio PFD system. For example, you might use a variable-flow pump to 
proportionally fill a gaseous storage medium such as a bag from a PFD 
system. In this case, the proportional sampling must meet the same 
specifications as varying dilution ratio PFD in paragraph (d)(3) of 
this section.
    (3) Varying dilution-ratio PFD. All the following provisions apply 
for varying dilution-ratio PFD:
    (i) Use a feedback control loop with sensors and actuators that can 
maintain proportional sampling over intervals as short as 200 ms (i.e., 
5 Hz control).
    (ii) For feedback input, you may use any continuous sensor output 
from any measurement, including intake-air flow, fuel flow, exhaust 
flow, engine speed, or intake manifold temperature and pressure.
    (iii) You may use preprogrammed data or time delays if they have 
been determined for the specific test site, duty cycle, and test engine 
from which you dilute emissions.
    (iv) We recommend that you run practice cycles to meet the 
validation criteria in Sec.  1065.545. You must validate every emission 
test by meeting the validation criteria with the data from that 
specific test, not from practice cycles or other tests.
    (v) You may not use a PFD system that requires preparatory tuning 
or calibration with a CVS or with the emission results from a CVS.
    (e) Dilution and temperature control of PM samples. Dilute PM 
samples at least once upstream of transfer lines. You may dilute PM 
samples upstream of a transfer line via full-flow dilution or via 
partial-flow dilution immediately downstream of a PM probe. Control 
sample temperature to (47 5) [deg]C, as measured anywhere 
within 20 cm upstream or downstream of the PM storage media. Measure 
this temperature with a bare-wire junction thermocouple with wires that 
are (0.500 0.025) mm diameter, or with another suitable 
instrument that has equivalent performance. Cool the PM sample 
primarily by dilution.


Sec.  1065.145  Gaseous and PM probes, transfer lines, and sampling 
system components.

    (a) Continuous and batch sampling. Determine the total mass of each 
constituent with continuous or batch sampling, as described in Sec.  
1065.15(c)(2). Both types of sampling systems have probes, transfer 
lines, and other sampling system components that are described in this 
section.
    (b) Gaseous and PM sample probes. A probe is the first fitting in a 
sampling system. It protrudes into a raw or diluted exhaust stream to 
extract a sample, such that its inside and outside surfaces are in 
contact with the exhaust. A sample is transported out of a probe into a 
transfer line, as described in paragraph (c) of this section. The 
following provisions apply to probes:
    (1) Probe design and construction. Use sample probes with inside 
surfaces of 300 series stainless steel. Locate sample probes where 
constituents are mixed to their mean sample concentration. Take into 
account the mixing of any crankcase emissions that may be routed into 
the raw exhaust. Locate each probe to minimize interference with the 
upstream flow of other probes. We recommend that all probes remain free 
from influences of boundary layers, wakes, and eddies--especially near 
the outlet of a raw-exhaust tailpipe where unintended dilution might 
occur. Make sure that purging or back-flushing of a probe does not 
influence another probe during testing. You may use a single probe to 
extract a sample of more than one constituent as long as the probe 
meets all the specifications for each constituent.
    (2) Gaseous sample probes. Use either single-port or multi-port 
probes for sampling gaseous emissions. You may orient these probes in 
any direction. For some probes, you must control sample temperatures, 
as follows:
    (i) For probes that extract NOX from diluted exhaust, 
control the probe's wall temperature to prevent aqueous condensation.
    (ii) For probes that extract hydrocarbons for NMHC or NMHCE 
analysis from the diluted exhaust of compression-ignition engines, 2-
stroke spark-ignition engines, or 4-stroke spark-ignition engines below 
19 kW, maintain a probe wall temperature of (191  11) 
[deg]C.
    (3) PM sample probes. Use PM probes with a single opening at the 
end. Orient PM probes to face directly upstream. Do not shield a PM 
probe's opening with a PM pre-classifier such as a hat. We recommend 
sizing the inside diameter of PM probes to approximate isokinetic 
sampling at the expected mean flow rate.
    (c) Transfer lines. You may use transfer lines to transport an 
extracted sample from a probe to an analyzer, storage medium, or 
dilution system. Minimize the length of all transfer lines by locating 
analyzers, storage media, and dilution systems as close to probes as 
practical. We recommend that you minimize the number of bends in 
transfer lines and that you maximize the radius of any unavoidable 
bend. Avoid using 90[deg] elbows, tees, and cross-fittings in transfer 
lines. Where such connections and fittings are necessary, take steps, 
using good engineering judgment, to ensure that you meet the 
temperature tolerances in this paragraph (c). This may involve 
measuring temperature at various locations within transfer lines and 
fittings. You may use a single transfer line to transport a sample of 
more than one constituent, as long as the transfer line meets all the 
specifications for each constituent. The following construction and 
temperature tolerances apply to transfer lines:
    (1) Gaseous samples. Use transfer lines with inside surfaces of 300 
series stainless steel, PTFE, or Viton\TM\. You may use in-line filters 
if they do not react with exhaust constituents and if the filter and 
its housing meet the same temperature requirements as the transfer 
lines, as follows:
    (i) For NOX transfer lines upstream of an 
NO2-to-NO converter, maintain a sample temperature that 
prevents aqueous condensation.
    (ii) For THC transfer lines for testing compression-ignition 
engines, 2-stroke spark-ignition engines, or 4-stroke spark-ignition 
engines below 19 kW, maintain a wall temperature throughout the entire 
line of (191  11) [deg]C. If you sample from raw exhaust, 
you may connect an unheated, insulated transfer line of 300 series 
stainless steel directly to a probe. Design the length and insulation 
of the transfer line to cool the highest expected raw exhaust 
temperature to no lower than 191 [deg]C, as measured at the transfer 
line's outlet.

[[Page 54940]]

    (2) PM samples. We recommend heated transfer lines or a heated 
enclosure to minimize temperature differences between transfer lines 
and exhaust constituents. Use transfer lines that are inert with 
respect to PM and are electrically conductive on the inside surfaces. 
We recommend using PM transfer lines made of 300 series stainless 
steel. Electrically ground the inside surface of PM transfer lines.
    (d) Optional sample-conditioning components for gaseous and PM 
sampling. You may use the following sample-conditioning components to 
prepare samples for analysis, as long as you do not install or use them 
in a way that adversely affects your ability to show that your engines 
comply with all applicable emission standards.
    (1) NO2-to-NO converter. You may use an NO2-to-NO 
converter that meets the efficiency-performance check specified in 
Sec.  1065.378 at any point upstream of a NOX analyzer or 
storage medium.
    (2) Sample dryer. You may use either of the following types of 
sample dryers to decrease the effects of water on emission 
measurements; you may not use a chemical dryer:
    (i) Osmotic-membrane. You may use an osmotic-membrane dryer 
upstream of any analyzer or storage medium, as long as it meets the 
temperature specifications in paragraph (c)(1) of this section. Because 
osmotic-membrane dryers may deteriorate after prolonged exposure to 
certain exhaust constituents, consult with the membrane manufacturer 
regarding your application before incorporating an osmotic-membrane 
dryer. Monitor the dewpoint, Tdew, and absolute pressure, Pdew, 
downstream of an osmotic-membrane dryer. You may use continuously 
recorded values of Tdew and Pdew in the amount of water calculations 
specified in Sec.  1065.645. If you do not continuously record these 
values, you may use their peak values observed during a test or their 
alarm setpoints as constant values in the calculations specified in 
Sec.  1065.645. You may also use a nominal Pdew, which you may estimate 
as the dryer's lowest absolute pressure expected during testing.
    (ii) Thermal chiller. You may use a thermal chiller upstream of 
some gaseous constituent analyzers and storage media. You may not use a 
thermal chiller upstream of a THC measurement system for compression-
ignition engines, 2-stroke spark-ignition engines, or 4-stroke spark-
ignition engines below 19 kW. If you use a thermal chiller upstream of 
an NO2-to-NO converter or in a sampling system without an 
NO2-to-NO converter, the chiller must meet the 
NO2 loss-performance check specified in Sec.  1065.376. 
Monitor the dewpoint, Tdew, and absolute pressure, Pdew, downstream of 
a thermal chiller. You may use continuously recorded values of Tdew and 
Pdew in the emission calculations specified in Sec.  1065.650. If you 
do not continuously record these values, you may use their peak values 
observed during a test or their alarm setpoints as constant values in 
the amount of water calculations specified in Sec.  1065.645. You may 
also use a nominal Pdew, which you may estimate as the dryer's lowest 
absolute pressure expected during testing. If you can justify assuming 
the degree of saturation in the thermal chiller, you may calculate Tdew 
based on the known chiller efficiency and continuous monitoring of 
chiller temperature, Tchiller. If you do not continuously record values 
of Tchiller, you may use its peak value observed during a test, or its 
alarm setpoint, as a constant value to determine a constant amount of 
water according to Sec.  1065.645. If you can justify that Tchiller is 
equal to Tdew, you may use Tchiller in lieu of Tdew according to Sec.  
1065.645.
    (3) Sample pumps. You may use sample pumps upstream of an analyzer 
or storage medium for any gaseous constituent. Use sample pumps with 
inside surfaces of 300 series stainless steel or PTFE. For some sample 
pumps, you must control temperatures, as follows:
    (i) You may use a NOX sample pump upstream of an 
NO2-to-NO converter if it is heated to prevent aqueous 
condensation.
    (ii) For testing compression-ignition engines, 2-stroke spark-
ignition engines, or 4-stroke compression ignition engines below 19 kW, 
you may use a THC sample pump upstream of a THC analyzer or storage 
medium if its inner surfaces are heated to (191 11) [deg]C.
    (4) PM sample conditioning components. You may condition PM samples 
to minimize positive and negative biases to PM results, as follows:
    (i) You may use a PM preclassifier to remove large-diameter 
particles. The PM preclassifier may be either an inertial impactor or a 
cyclonic separator. It must be constructed of 300 series stainless 
steel. The preclassifier must be rated to remove at least 50% of PM at 
an aerodynamic diameter of 10 [mu]m and no more than 1% of PM at an 
aerodynamic diameter of 1 [mu]m over the range of flow rates that you 
use it. Follow the preclassifier manufacturer's instructions for any 
periodic servicing that may be necessary to prevent a buildup of PM. 
Install the preclassifier in the dilution system downstream of the last 
dilution stage. Configure the preclassifier outlet with a means of 
bypassing any PM sample media so the preclassifier flow may be 
stabilized before starting a test. Locate PM sample media within 50 cm 
downstream of the preclassifier's exit.
    (ii) You may request to use other PM conditioning components 
upstream of a PM preclassifier, such as components that condition 
humidity or remove gaseous-phase hydrocarbons. You may use such 
components only if we approve them under Sec.  1065.10.


Sec.  1065.150  Continuous sampling.

    You may use continuous sampling techniques for measurements that 
involve raw or dilute sampling. Connect continuous analyzers directly 
to probes or transfer lines. Make sure continuous analyzers meet the 
specifications in subpart C of this part. Because continuous 
concentration measurements must be multiplied by continuous flow 
measurements, use good engineering judgment to account for time delays 
and dispersion as described in Sec.  1065.201.


Sec.  1065.170  Batch sampling for gaseous and PM constituents.

    You may use batch-sampling techniques for measurements that involve 
dilute sampling. You may use batch-sampling techniques for raw sampling 
only if we approve it as an alternative procedure under Sec.  1065.10.
    (a) Sampling methods. For batch sampling, extract the sample at a 
rate proportional to the exhaust flow. If you extract from a constant-
volume flow rate, sample at a constant-volume flow rate. If you extract 
from a varying flow rate, vary the sample rate in proportion to the 
varying flow rate. Validate proportional sampling after an emission 
test as described in Sec.  1065.545. Use storage media that do not 
artificially increase or decrease measured emission levels.
    (b) Gaseous sample storage media. Store gas volumes in clean 
containers that do not off-gas emissions or allow permeation of 
CO2 or any other exhaust emissions through the material. To 
clean a container, you may repeatedly purge and evacuate a container 
and you may heat it. You may use a super-critical CO2 
extraction technique to evaluate container materials for CO2 
permeability. Use containers meeting the following specifications:
    (1) You may store gas volumes in TedlarTM or 
KynarTM containers (such as bags) up 40 [deg]C for analyzing 
CO, CO2, O2, CH4, 
C2H6, C3H8 and 
NOX, as long as you prevent aqueous condensation. For 
testing engines other than compression-ignition engines, two-stroke 
spark-ignition engines, or 4-

[[Page 54941]]

stroke engines below 19 kW, you may also store THC in these containers. 
You may request to use other container materials under Sec.  1065.10.
    (2) You may store gas volumes using containers with inside surfaces 
of 300 series stainless steel or PTFE at (191  11) [deg]C 
for analysis of any gaseous constituent. You may use a flexible volume 
within a heated chamber, or you may use a heated, rigid container that 
is initially evacuated or has a volume that can be displaced, such as a 
piston and cylinder arrangement.
    (c) PM sample media. For measuring PM to show that engines meet an 
emission standard below 0.05 g/kW.hr, collect PM mass at a minimum 
efficiency of 99.7 %. If the applicable PM standard is at or above 0.05 
g/kW.hr, collect PM mass at a minimum efficiency of 98 %. Demonstrate 
PM collection efficiency using ASTM D 2986-95a (incorporated by 
reference in Sec.  1065.1010). Apply the following methods for sampling 
particulate emissions:
    (1) If you use filter-based sampling media to extract and store PM 
for measurement, it must have the following specifications:
    (i) It must be circular, with an overall diameter of 46.50  0.6 mm, have an exposed diameter of at least 38 mm, and have a 
thickness at the sealing portions of the filter cassette of 0.4  0.05 mm. See the cassette specifications in paragraph (c)(1)(v) 
of this section.
    (ii) For measuring PM to show that engines meet an emission 
standard below 0.05 g /kW.hr, use a PTFE filter material that does not 
have any flow-through support bonded to the back and has an overall 
thickness of 40  20 mm. An inert polymer ring may be bonded 
to the periphery of the filter material for support and for sealing 
between the filter cassette parts. We consider Polymethylpentene (PMP) 
an inert material for a support ring, but other inert materials may be 
used. See the cassette specifications in paragraph (c)(1)(v) of this 
section. If the applicable PM standard is at or above 0.05 g/kW.hr, you 
may use PTFE or PTFE-coated glass fiber filter material.
    (iii) To minimize turbulent deposition and to deposit PM evenly on 
a filter, use a 12.5 [deg] (from center) divergent cone angle to 
transition from the transfer-line inside diameter to the exposed 
diameter of the filter face. Use 300 series stainless steel for this 
transition.
    (iv) Maintain sample velocity at the filter face at or below 100 
cm/s, where filter face velocity is the measured volumetric flow rate 
of the sample at the pressure and temperature upstream of the filter 
face, divided by the filter's exposed area.
    (v) Use a clean cassette designed to the specifications of Figure 1 
of Sec.  1065.170 and made of one of the following materials: 
DelrinTM, 300 series stainless steel, polycarbonate, 
acrylonitrile-butadiene-styrene (ABS) resin, or conductive 
polypropylene. Use a material that is inert to any solvents or 
detergents that you use to periodically clean the filter holder and 
screen. We recommend that you periodically clean the filter cassette 
and screen with a solvent such as ethanol 
(C2H5OH). Your cleaning frequency will depend on 
your engine's PM and HC emissions.
    (vi) If you store filters in cassettes in an automatic PM sampler, 
cover or seal individual filter cassettes after sampling to prevent 
communication of semi-volatile matter from one filter to another.
    (2) You may use other PM sample media that we approve under Sec.  
1065.10, including non-filtering techniques. For example, you might 
deposit PM on an inert, nonporous substrate that collects PM via 
electrostatic, thermophoresis, inertia, diffusion, or some other 
deposition mechanism, as approved.
    (3) When we test your engines, we will use the same PM sample media 
that you used for testing comparable engines.
BILLING CODE 6560-50-P

[[Page 54942]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.007

Sec.  1065.190  PM-stabilization and weighing environments for 
gravimetric analysis.

    (a) This section describes the environments required to weigh PM 
(i.e., gravimetric analysis). This includes a PM-stabilization 
environment and a balance environment. The two environments may share a 
common space. These volumes may be rooms in which PM is weighed, or 
they may be much smaller, such as a glove box or an automated weighing 
system consisting of one or more countertop-sized environments.

[[Page 54943]]

    (b) Keep the PM-stabilization and balance environments free of 
ambient contaminants, such as dust, aerosols, or semi-volatile material 
that could contaminate PM samples, as follows:
    (1) We recommend that these environments conform with an ``as-
built'' Class Six clean room specification under ISO 14644-1 
(incorporated by reference in Sec.  1065.1010); however, we also 
recommend that you deviate from ISO 14644-1 as necessary to minimize 
air motion that might affect balance stability. We recommend maximum 
air-supply and air-return velocities of 0.05 m/s in the balance 
environment.
    (2) Monitor the cleanliness of the PM-stabilization environment 
using reference filters, as described in Sec.  1065.390(b).
    (c) Maintain the following ambient conditions:
    (1) Ambient temperature. Maintain the balance environment at (22 
1) [deg]C. If the two environments share a common space, 
maintain both environments at (22 1) [deg]C. If they are 
separate, maintain the PM-stabilization environment at (22 3) [deg]C.
    (2) Dewpoint. Maintain a dewpoint of 9.5 [deg]C. This dewpoint will 
control the amount of water associated with sulfuric acid 
(H2SO4) PM, such that 1.1368 [mu]g of water will 
be associated with each mg of H2SO4.
    (3) Dewpoint tolerance. If the expected fraction of sulfuric acid 
in PM is unknown, we recommend controlling dewpoint at within  1 [deg]C. This would limit any dewpoint-related change in PM to 
less than  2%, even for PM that is 50% sulfuric acid. If 
you know your expected fraction of sulfuric acid in PM, we recommend 
that you select an appropriate dewpoint tolerance for showing 
compliance with emission standards using the following table as a 
guide:

  Table 1 of Sec.   1065.190--Dewpoint Tolerance as a Function of % PM
                      Change and % Sulfuric Acid PM
------------------------------------------------------------------------
                                      0.5%   minus>1.0%   minus>2.0%
              of PM                  PM mass      PM mass      PM mass
                                      change       change       change
------------------------------------------------------------------------
5%...............................       3.0    minus>6.0     minus>12
                                        [deg]C       [deg]C       [deg]C
50%..............................       0.30   minus>0.60    minus>1.2
                                        [deg]C       [deg]C       [deg]C
100%.............................       0.15   minus>0.30   minus>0.60
                                        [deg]C       [deg]C       [deg]C
------------------------------------------------------------------------

    (d) Measure the following ambient conditions using measurement 
instruments that meet the specifications in subpart C of this part:
    (1) Continuously measure dewpoint and ambient temperature. Use 
these values to determine if the PM-stabilization and balance 
environments have remained within the tolerances specified in paragraph 
(c) of this section. We recommend that you provide an interlock that 
automatically prevents the balance from reporting values if either of 
the environments have not been within the applicable tolerances for the 
past 30 min.
    (2) Continuously measure barometric pressure. Provide a means to 
record the most recent barometric pressure when you weigh each PM 
sample. Use this value to calculate the PM buoyancy correction in Sec.  
1065.690.
    (e) We recommend that you install a balance as follows:
    (1) Install the balance on a vibration-isolation platform to 
isolate it from external noise and vibration.
    (2) Shield the balance from convective airflow with a static-
dissipating draft shield that is electrically grounded.
    (3) Follow the balance manufacturer's specifications for all 
preventive maintenance.
    (4) Operate the balance manually or as part of an automated 
weighing system.
    (f) Minimize static electric charge in the balance environment, as 
follows:
    (1) Electrically ground the balance.
    (2) Use 300 series stainless steel tweezers if PM samples must be 
handled manually.
    (3) Ground tweezers with a grounding strap, or provide a grounding 
strap for the operator such that the grounding strap shares a common 
ground with the balance. Make sure grounding straps have an appropriate 
resistor to protect operators from accidental shock.
    (4) Provide a static-electricity neutralizer that is electrically 
grounded in common with the balance to remove static charge from PM 
samples, as follows:
    (i) You may use radioactive neutralizers such as a Polonium 
(210Po) source. Replace radioactive sources at the intervals 
recommended by the neutralizer manufacturer.
    (ii) You may use other neutralizers, such as a corona-discharge 
ionizer. If you use a corona-discharge ionizer, we recommend that you 
monitor it for neutral net charge according to the ionizer 
manufacturer's recommendations.
    (5) We recommend that you use a device to monitor the static charge 
of PM sample media surfaces.


Sec.  1065.195  PM-stabilization environment for in-situ analyzers.

    (a) This section describes the environment required to determine PM 
in-situ. For in-situ analyzers, such as an inertial balance, this is 
the environment within a PM sampling system that surrounds the PM 
sample media. This is typically a very small volume.
    (b) Maintain the environment free of ambient contaminants, such as 
dust, aerosols, or semi-volatile material that could contaminate PM 
samples. Filter all air used for stabilization with HEPA filters. 
Ensure that HEPA filters are installed properly so that background PM 
does not leak past the HEPA filters.
    (c) Maintain the following thermodynamic conditions within the 
environment before measuring PM:
    (1) Ambient temperature. Select a nominal ambient temperature, 
Tamb between (42 and 52) [deg]C. Maintain the ambient 
temperature within 1 [deg]C of the selected nominal value.
    (2) Dewpoint. Select a dewpoint, Tdew that corresponds 
to Tamb such that Tdew = (0.95.Tamb-
11.40) [deg]C. The resulting dewpoint will control the amount of water 
associated with sulfuric acid (H2SO4) PM, such 
that 1.1368 grams of water will be associated with each gram of 
H2SO4. For example, if you select a nominal 
ambient temperature of 47 [deg]C, set a dewpoint of 33.3 [deg]C.
    (3) Dewpoint tolerance. If the expected fraction of sulfuric acid 
in PM is unknown, we recommend controlling dewpoint within  
1 [deg]C. This would limit any dewpoint-related change in PM to less 
than  2%, even for PM that is 50% sulfuric acid. If you 
know your expected fraction of sulfuric acid in PM, we recommend that 
you select an appropriate dewpoint tolerance for showing compliance 
with emission standards using the following table as a guide:

[[Page 54944]]



  Table 1 of Sec.   1065.195--Dewpoint Tolerance as a Function of % PM
                      Change and % Sulfuric Acid PM
------------------------------------------------------------------------
                                      0.5%   minus>1.0%   minus>2.0%
              of PM                  PM mass      PM mass      PM mass
                                      change       change       change
------------------------------------------------------------------------
5%...............................       3.0    minus>6.0     minus>12
                                        [deg]C       [deg]C       [deg]C
50%..............................       0.30   minus>0.60    minus>1.2
                                        [deg]C       [deg]C       [deg]C
100%.............................       0.15   minus>0.30   minus>0.60
                                        [deg]C       [deg]C       [deg]C
------------------------------------------------------------------------

    (4) Absolute pressure. Maintain an absolute pressure of (80.000 to 
103.325) kPa. Use good engineering judgment to maintain a more 
stringent tolerance of absolute pressure if your PM measurement 
instrument requires it.
    (d) Continuously measure dewpoint, temperature, and pressure using 
measurement instruments that meet the specifications in subpart C of 
this part. Use these values to determine if the stabilization 
environment is within the tolerances specified in paragraph (c) of this 
section. Do not use any PM quantities that are recorded when any of 
these parameters exceed the applicable tolerances.
    (e) If you use an inertial PM balance, we recommend that you 
install it as follows:
    (1) Isolate the balance from any external noise and vibration that 
is within a frequency range that could affect the balance.
    (2) Follow the balance manufacturer's specifications.
    (f) If static electricity affects an inertial balance, you may use 
a static neutralizer, as follows:
    (1) You may use a radioactive neutralizer such as a Polonium 
(210Po) source or a Krypton (85Kr) source. 
Replace radioactive sources at the intervals recommended by the 
neutralizer manufacturer.
    (2) You may use other neutralizers, such as a corona-discharge 
ionizer. If you use a corona-discharge ionizer, we recommend that you 
monitor it for neutral net charge according to the ionizer 
manufacturer's recommendations.
    (3) We recommend that you use a device to monitor the static charge 
of PM sample media surfaces.

Subpart C--Measurement Instruments


Sec.  1065.201  Overview and general provisions.

    (a) Scope. This subpart specifies measurement instruments and 
associated system requirements related to emission testing. This 
includes instruments for measuring engine parameters, ambient 
conditions, flow-related parameters, and emission concentrations.
    (b) Instrument types. You may use any of the specified instruments 
as described in this subpart to perform emission tests. If you want to 
use one of these instruments in a way that is not specified in this 
subpart, or if you want to use a different instrument, you must first 
get us to approve your alternate procedure under Sec.  1065.10. Where 
we specify more than one instrument for a particular measurement, we 
identify which instrument serves as the reference for showing that an 
alternative procedure is equivalent to the specified procedure.
    (c) Measurement systems. Assemble a system of measurement 
instruments that allows you to show that your engines comply with the 
applicable emission standards, using good engineering judgment. When 
selecting instruments, consider how conditions such as vibration, 
temperature, pressure, humidity, viscosity, specific heat, and exhaust 
composition (including trace concentrations) may affect instrument 
compatibility and performance.
    (d) Redundant systems. For all measurement instruments described in 
this subpart, you may use data from multiple instruments to calculate 
test results for a single test. If you use redundant systems, use good 
engineering judgment to use multiple measured values in calculations or 
to disregard individual measurements. Note that you must keep your 
results from all measurements, as described in Sec.  1065.25.
    (e) Range. You may use an instrument's response above 100% of its 
operating range if this does not affect your ability to show that your 
engines comply with the applicable emission standards. Note that we 
require additional testing and reporting if an analyzer responds above 
100% of its range. See Sec.  1065.550. Auto-ranging analyzers do not 
require additional testing or reporting.
    (f) Dispersion. For transient emission tests with continuous 
sampling where continuous signals from two or more instruments are 
combined in emission calculations, use dispersion to align the signals 
if the fastest instrument has a response time less than 75% of the 
slowest and at least one instrument has a response time greater than 1 
s. Perform dispersion according to SAE 2001-01-3536 (incorporated by 
reference in Sec.  1065.1010). Steady-state emission tests and any 
tests with batch sampling systems do not require dispersion. You may 
disperse data during or after data collection, but if you use time-
alignment as described in paragraph (g) of this section, always perform 
dispersion before time-alignment.
    (g) Time-alignment. For transient emission tests with continuous 
sampling where continuous signals from two or more instruments are 
combined in emission calculations, time-align their signals to account 
for measurement system delays. Steady-state emission tests and any 
tests with batch sampling systems do not require time-alignment. You 
may time-align data during or after data collection, but if you use 
dispersion as described in paragraph (f) of this section, always 
perform dispersion before time-alignment. Time-align data to the 
nearest recorded interval. An example of time-alignment is shifting a 
series of concentration measurements to coincide with their respective 
exhaust flow measurements to account for a transport delay in a sample 
line.
    (h) Related subparts for laboratory testing. Subpart D of this part 
describes how to evaluate the performance of the measurement 
instruments in this subpart. Other related subparts in this part 
identify specifications for other types of equipment (subpart B), and 
specify engine fluids and analytical gases (subpart H).
    (i) Field testing. Subpart J of this part describes how to use 
these and other measurement instruments for field testing.


Sec.  1065.202  Data recording and control.

    Your test system must be able to record data and control systems 
related to operator demand, the dynamometer, sampling equipment, and 
measurement instruments. Use data acquisition and control systems that 
can record at the specified minimum frequencies, as follows:

[[Page 54945]]



                   Table 1 of Sec.   1065.202.--Data Recording and Control Minimum Frequencies
----------------------------------------------------------------------------------------------------------------
       Applicable section             Measured values                        Minimum frequency
----------------------------------------------------------------------------------------------------------------
Sec.   1065.510.................  Speed and torque during  1 mean value per step.
                                   an engine step-map.
Sec.   1065.510.................  Speed and torque during  1 Hz averages of 5 Hz samp.
                                   an engine sweep-map.
Sec.   1065.514, Sec.   1065.530  Duty cycle reference     5 Hz.
                                   and feedback speeds
                                   and torques for
                                   control and recording.
Sec.   1065.520, Sec.             Continuous               1 Hz.
 1065.530, Sec.   1065.550.        concentrations of raw
                                   or dilute analyzers.
Sec.   1065.520, Sec.             Batch concentrations of  1 mean value per test interval.
 1065.530, Sec.   1065.550.        raw or dilute
                                   analyzers.
Sec.   1065.530, Sec.   1065.545  Diluted exhaust flow     1 Hz.
                                   rate from a CVS with a
                                   heat exchanger.
Sec.   1065.530, Sec.   1065.545  Diluted exhaust flow     5 Hz.
                                   rate from a CVS
                                   without a heat
                                   exchanger.
Sec.   1065.530, Sec.   1065.545  Intake-air, dilution-    5 Hz.
                                   air, or raw-exhaust
                                   flow rate.
Sec.   1065.530, Sec.   1065.545  Sample flow from a CVS   1 Hz.
                                   that has a heat
                                   exchanger.
Sec.   1065.530, Sec.   1065.545  Sample flow from a CVS   5 Hz.
                                   does not have a heat
                                   exchanger.
----------------------------------------------------------------------------------------------------------------

Sec.  1065.205  Performance specifications for measurement instruments.

    Your test system as a whole must meet all the applicable 
calibrations, performance checks, and test-validation criteria 
specified in subparts D and F of this part (and subpart J of this part 
for field testing). We recommend that you take the following steps to 
ensure that your test system performs adequately:
    (a) Meet the specifications for individual measurement instruments 
in Table 1 of this section. For instruments with multiple ranges, this 
applies to all the ranges you use for testing. The accuracy 
specifications represent deviations from a true value or a calibration-
standard value.
    (b) Sample and record the quantity at the rate specified in Table 1 
of this section if your instrument meets the rise time and fall time in 
the table. Note that Sec.  1065.308 requires that the product of the 
rise time and the frequency to be 5 or greater for continuous-analyzer 
systems.
    (c) Keep any documentation from instrument manufacturers showing 
that instruments meet specifications.

         Table 1 of Sec.   1065.205.--Recommended Performance Specifications for Measurement Instruments
----------------------------------------------------------------------------------------------------------------
                                         Complete
                                          system
                               Measured    rise    Recording
    Measurement instrument     quantity  time and    update     Accuracy\a\    Repeatability\a\      Noise\a\
                                symbol     fall    frequency
                                           time
----------------------------------------------------------------------------------------------------------------
Engine speed transducer......  fn......  1 s.....  5 Hz.....  2.0 % of pt. or  1.0 % of pt.....  0.05 % of max
                                                              0.5 % of max...  0.25 % of max...
Engine torque transducer.....  T.......  1 s.....  5 Hz.....  2.0 % of pt. or  1.0 % of pt.....  0.05 % of max
                                                              1.0 % of max...  0.5 % of max....
General pressure transducer    p.......  5 s.....  1 Hz.....  2.0 % of pt. or  1.0 % of pt.....  0.1 % of max
 (not a part of another                                       1.0 % of max...  0.50 % of max...
 instrument).
Barometer....................  Pbarom..  50 s....  0.1 Hz...  50 Pa..........  25 Pa...........  5 Pa
Temperature sensor for PM-     T.......  50 s....  0.1 Hz...  0.25 [deg]C....  0.1 [deg]C......  0.02 [deg]C
 stabilization and balance
 environments.
Other temperature sensor (not  T.......  5 s.....  1 Hz.....  2 [deg]C.......  1 [deg]C........  0.2 [deg]C
 a part of another
 instrument).
Dewpoint sensor for PM-        Tdew....  50 s....  0.1 Hz...  0.25 [deg]C....  0.1 [deg]C......  0.02 [deg]C
 stabilization and balance
 environments.
Other dewpoint sensor........  Tdew....  50 s....  0.1 Hz...  1 [deg]C.......  0.5 [deg]C......  0.1 [deg]C
Fuel flow meter (Fuel          m.......  5 s.....  1 Hz.....  2.0 % of pt. or  1.0 % of pt.....  0.5 % of max.
 totalizer in parentheses).              (N/A)...  (N/A)....  1.5 % of max...  0.75 % of max...
Diluted exhaust meter........  n.......  5 s.....  1 Hz.....  2.0 % of pt. or  1.0 % of pt.....  1.0 % of max
                                                              1.5 % of max...  0.75 % of max...
Dilution air, inlet air,       n.......  1 s.....  5 Hz.....  2.5 % of pt. or  1.25 % of pt....  1.0 % of max
 exhaust, and sample flow                                     1.5 % of max...  0.75 % of max...
 meters.
Constituent concentration,     x.......  5 s.....  1 Hz.....  2.0 % of pt....  1.0 % of pt.....  0.2 % of max
 continuous analyzer.                                         2.0 % of meas..  1.0 % of meas...
Constituent concentration,     x.......  N/A.....  N/A......  2.0 % of pt....  1.0 % of pt.....  0.2 % of max
 batch analyzer.                                              2.0 % of meas..  1.0 % of meas...
Gravimetric PM balance.......  mPM.....  N/A.....  N/A......  See Sec.         0.25 [mu]g......  0.1 [mu]g
                                                               1065.790.

[[Page 54946]]

 
Inertial PM balance..........  mPM.....  5 s.....  1 Hz.....  2.0 % of pt....  1.0 % of pt.....  0.2 % of max.
                                                              2.0 % of meas..  1.0 % of meas...
----------------------------------------------------------------------------------------------------------------
a Accuracy, repeatability, and noise are determined with the same collected data, as described in Sec.
  1065.305. ``pt.'' refers to a single point at the average value expected during testing at the standard--the
  reference value used in Sec.   1065.305; ``max.'' refers to the maximum value expected during testing at the
  standard over any test interval, not the maximum of the instrument's range; ``meas'' refers to the flow-
  weighted average measured value during any test interval.

Measurement of Engine Parameters and Ambient Conditions


Sec.  1065.210  Speed and torque transducers.

    (a) Application. Use instruments as specified in this section to 
measure engine speed and torque during engine operation.
    (b) Component requirements. We recommend that you use speed and 
torque transducers that meet the specifications in Table 1 of Sec.  
1065.205. Note that your overall systems for measuring engine speed and 
torque must meet the linearity checks in Sec.  1065.307.
    (c) Speed. Use a magnetic or optical shaft-position detector with a 
resolution of at least 6[deg] arc, in combination with a frequency 
counter that rejects common-mode noise.
    (d) Torque. You may use a variety of methods to determine engine 
torque. As needed, and based on good engineering judgment, compensate 
for torque induced by the inertia of accelerating and decelerating 
components connected to the flywheel, such as the drive shaft and 
dynamometer rotor. Use any of the following methods to determine engine 
torque:
    (1) Measure torque by mounting a strain gage in-line between the 
engine and dynamometer.
    (2) Measure torque by mounting a strain gage on a lever arm 
connected to the dynamometer housing.
    (3) Calculate torque from internal dynamometer signals, such as 
armature current, as long as you calibrate this measurement as 
described in Sec.  1065.310.


Sec.  1065.215  Pressure transducers, temperature sensors, and dewpoint 
sensors.

    (a) Application. Use instruments as specified in this section to 
measure pressure, temperature, and dewpoint.
    (b) Component requirements. We recommend that you use pressure 
transducers and temperature and dewpoint sensors that meet the 
specifications in Table 1 of Sec.  1065.205. Note that your overall 
systems for measuring pressure, temperature, and dewpoint must meet the 
calibration and performance checks in Sec.  1065.315.
    (c) Temperature. For PM-balance environments or other precision 
temperature measurements, we recommend thermistors. For other 
applications we recommend thermocouples that are not grounded to the 
thermocouple sheath. You may use other temperature sensors, such as 
resistive temperature detectors (RTDs).
    (d) Pressure. Pressure transducers must control their internal 
temperature or compensate for temperature changes over their expected 
operating range. Transducer materials must be compatible with the fluid 
being measured. For barometric pressure or other precision pressure 
measurements, we recommend either capacitance-type or laser-
interferometer transducers. For other applications, we recommend either 
strain gauge or capacitance-type pressure transducers. You may use 
other pressure-measurement instruments, such as manometers, where 
appropriate.
    (e) Dewpoint. For PM-stabilization environments, we recommend 
chilled-surface hygrometers. For other applications, we recommend thin-
film capacitance sensors. You may use other dewpoint sensors, such as a 
wet-bulb/dry-bulb psychrometer, where appropriate.

Flow-Related Measurements


Sec.  1065.220  Fuel flow meter.

    (a) Application. You may use fuel flow in combination with a 
chemical balance of carbon (or oxygen) between the fuel, inlet air, and 
raw exhaust to calculate raw exhaust flow as described in Sec.  
1065.650, as follows:
    (1) Use the actual value of calculated raw exhaust flow rate in the 
following cases:
    (i) For multiplying raw exhaust flow rate with continuously sampled 
concentrations.
    (ii) For multiplying total raw exhaust flow with batch-sampled 
concentrations.
    (2) In the following cases, you may use a signal that does not give 
the actual value of raw exhaust, as long as it is linearly proportional 
to the exhaust flow rate's actual calculated value:
    (i) For feedback control of a proportional sampling system, such as 
a partial-flow dilution system.
    (ii) For multiplying with continuously sampled constituent 
concentrations, if the same signal is used in a chemical-balance 
calculation to determine work from brake-specific fuel consumption and 
fuel consumed.
    (b) Component requirements. We recommend that you use a fuel flow 
meter that meets the specifications in Table 1 of Sec.  1065.205. We 
recommend a fuel flow meter that measures mass directly, such as one 
that relies on gravimetric or inertial measurement principles. This may 
involve using a meter with one or more scales for weighing fuel or 
using a Coriolis meter. Note that your overall system for measuring 
fuel flow must meet the linearity check in Sec.  1065.307 and the 
calibration and performance checks in Sec.  1065.320.
    (c) Recirculating fuel. In any fuel-flow measurement, account for 
any fuel that bypasses the engine or returns from the engine to the 
fuel storage tank.
    (d) Flow conditioning. For any type of fuel flow meter, condition 
the flow if needed to prevent wakes, eddies, circulating flows, or flow 
pulsations from affecting the accuracy or repeatability of the meter. 
You may accomplish this by using a sufficient length of straight tubing 
(such as a

[[Page 54947]]

length equal to 10 pipe diameters) or by using specially designed 
tubing bends, orifice plates or straightening fins to establish a 
predictable velocity profile upstream of the meter.


Sec.  1065.225  Intake-air flow meter.

    (a) Application. You may use an intake-air flow meter in 
combination with a chemical balance of carbon (or oxygen) between the 
fuel, inlet air, and raw exhaust to calculate raw exhaust flow as 
described in Sec.  1065.650, as follows:
    (1) Use the actual value of calculated raw exhaust in the following 
cases:
    (i) For multiplying raw exhaust flow rate with continuously sampled 
concentrations.
    (ii) For multiplying total raw exhaust flow with batch-sampled 
concentrations.
    (2) In the following cases, you may use a signal that does not give 
the actual value of raw exhaust, as long as it is linearly proportional 
to the exhaust flow rate's actual calculated value:
    (i) For feedback control of a proportional sampling system, such as 
a partial-flow dilution system.
    (ii) For multiplying with continuously sampled constituent 
concentrations, if the same signal is used in a chemical-balance 
calculation to determine work from brake-specific fuel consumption and 
fuel consumed.
    (b) Component requirements. We recommend that you use an intake-air 
flow meter that meets the specifications in Table 1 of Sec.  1065.205. 
This may include a laminar flow element, an ultrasonic flow meter, a 
subsonic venturi, a thermal-mass meter, an averaging Pitot tube, or a 
hot-wire anemometer. Note that your overall system for measuring 
intake-air flow must meet the linearity check in Sec.  1065.307 and the 
calibration in Sec.  1065.325.
    (c) Flow conditioning. For any type of intake-air flow meter, 
condition the flow if needed to prevent wakes, eddies, circulating 
flows, or flow pulsations from affecting the accuracy or repeatability 
of the meter. You may accomplish this by using a sufficient length of 
straight tubing (such as a length equal to 10 pipe diameters) or by 
using specially designed tubing bends, orifice plates or straightening 
fins to establish a predictable velocity profile upstream of the meter.


Sec.  1065.230  Raw exhaust flow meter.

    (a) Application. You may use measured raw exhaust flow, as follows:
    (1) Use the actual value of calculated raw exhaust in the following 
cases:
    (i) Multiply raw exhaust flow rate with continuously sampled 
concentrations.
    (ii) Multiply total raw exhaust with batch sampled concentrations.
    (2) In the following cases, you may use a signal that does not give 
the actual value of raw exhaust, as long as it is linearly proportional 
to the exhaust flow rate's actual calculated value:
    (i) For feedback control of a proportional sampling system, such as 
a partial-flow dilution system.
    (ii) For multiplying with continuously sampled constituent 
concentrations, if the same signal is used in a chemical-balance 
calculation to determine work from brake-specific fuel consumption and 
fuel consumed.
    (b) Component requirements. We recommend that you use a raw-exhaust 
flow meter that meets the specifications in Table 1 of Sec.  1065.205. 
This may involve using an ultrasonic flow meter, a subsonic venturi, an 
averaging Pitot tube, a hot-wire anemometer, or other measurement 
principle. This would generally not involve a laminar flow element or a 
thermal-mass meter. Note that your overall system for measuring raw 
exhaust flow must meet the linearity check in Sec.  1065.307 and the 
calibration and performance checks in Sec.  1065.330.
    (c) Flow conditioning. For any type of raw exhaust flow meter, 
condition the flow if needed to prevent wakes, eddies, circulating 
flows, or flow pulsations from affecting the accuracy or repeatability 
of the meter. You may accomplish this by using a sufficient length of 
straight tubing (such as a length equal to 10 pipe diameters) or by 
using specially designed tubing bends, orifice plates or straightening 
fins to establish a predictable velocity profile upstream of the meter.
    (d) Exhaust cooling. You may cool raw exhaust upstream of a raw-
exhaust flow meter, as long as you observe all the following 
provisions:
    (1) Do not sample PM downstream of the cooling device.
    (2) Do not sample NMHC downstream of the cooling device for 
compression-ignition engines, 2-stroke spark-ignition engines, and 4-
stroke spark ignition engines below 19 kW if it causes exhaust 
temperatures above 202 [deg]C to decrease to below 180 [deg]C.
    (3) Do not sample NOX downstream of the cooling device 
if it causes aqueous condensation.
    (4) If cooling causes aqueous condensation before the flow reaches 
the raw-exhaust flow meter, measure dewpoint and pressure at the flow 
meter's inlet. Use this dewpoint for emission calculations in Sec.  
1065.650.


Sec.  1065.240  Dilution air and diluted exhaust flow meters.

    (a) Application. Use a diluted exhaust flow meter to determine 
instantaneous diluted exhaust flow rates or total diluted exhaust flow 
over a test interval. You may use the difference between a diluted 
exhaust flow meter and a dilution air meter to calculate raw exhaust 
flow rates or total raw exhaust flow over a test interval.
    (b) Component requirements. We recommend that you use a diluted 
exhaust flow meter that meets the specifications in Table 1 of Sec.  
1065.205. Note that your overall system for measuring diluted exhaust 
flow must meet the linearity check in Sec.  1065.307 and the 
calibration and performance checks in Sec.  1065.340 and Sec.  
1065.341. You may use the following meters:
    (1) For constant-volume sampling (CVS) of the total flow of diluted 
exhaust, you may use a critical-flow venturi (CFV), a positive-
displacement pump (PDP), a subsonic venturi (SSV), or an ultrasonic 
flow meter (UFM). Combined with an upstream heat exchanger, either a 
CFV or a PDP will also function as a passive flow controller in a CVS 
system. However, you may also combine any flow meter with any active 
flow control system to maintain proportional sampling of exhaust 
constituents. You may control the total flow of diluted exhaust, or one 
or more sample flows, or a combination of these flow controls to 
maintain proportional sampling.
    (2) For any other dilution system, you may use a laminar flow 
element, an ultrasonic flow meter, a subsonic venturi, critical-flow 
venturis, a positive-displacement meter, a thermal-mass meter, an 
averaging Pitot tube, or a hot-wire anemometer.
    (c) Flow conditioning. For any type of diluted exhaust flow meter, 
condition the flow if needed to prevent wakes, eddies, circulating 
flows, or flow pulsations from affecting the accuracy or repeatability 
of the meter. For some meters, you may accomplish this by using a 
sufficient length of straight tubing (such as a length equal to 10 pipe 
diameters) or by using specially designed tubing bends, orifice plates 
or straightening fins to establish a predictable velocity profile 
upstream of the meter.
    (d) Exhaust cooling. You may cool diluted exhaust upstream of a 
diluted exhaust flow meter. If cooling causes aqueous condensation 
before the flow reaches the meter, then measure the dewpoint and 
pressure at the flow meter's inlet. Use this dewpoint and pressure for 
emission calculations in Sec.  1065.650.

[[Page 54948]]

Sec.  1065.245  Sample flow meter for batch sampling.

    (a) Application. Use a sample flow meter to determine sample flow 
rates or total flow sampled into a batch sampling system over a test 
interval. You may use the difference between a diluted exhaust sample 
flow meter and a dilution air meter to calculate raw exhaust flow rates 
or total raw exhaust flow over a test interval.
    (b) Component requirements. We recommend that you use a sample flow 
meter that meets the specifications in Table 1 of Sec.  1065.205. This 
may involve a laminar flow element, an ultrasonic flow meter, a 
subsonic venturi, critical-flow venturis, a positive-displacement 
meter, a thermal-mass meter, an averaging Pitot tube, or a hot-wire 
anemometer. Note that your overall system for measuring sample flow 
must meet the linearity check in Sec.  1065.307
    (c) Flow conditioning. For any type of sample flow meter, condition 
the flow if needed to prevent wakes, eddies, circulating flows, or flow 
pulsations from affecting the accuracy or repeatability of the meter. 
For some meters, you may accomplish this by using a sufficient length 
of straight tubing (such as a length equal to 10 pipe diameters) or by 
using specially designed tubing bends, orifice plates or straightening 
fins to establish a predictable velocity profile upstream of the meter.


Sec.  1065.248  Gas divider.

    (a) Application. You may use a gas divider to blend calibration 
gases.
    (b) Component requirements. Use a gas divider that blends gases to 
the specifications of Sec.  1065.750 and to the flow-weighted 
concentrations expected during testing. You may use critical-flow gas 
dividers, capillary-tube gas dividers, or thermal-mass-meter gas 
dividers. Note that your overall gas-divider system must meet the 
linearity check in Sec.  1065.307.

CO and CO2 Measurements


Sec.  1065.250  Nondispersive infra-red analyzer.

    (a) Application. Use a nondispersive infra-red (NDIR) analyzer to 
measure CO and CO2 concentrations in raw or diluted exhaust 
for either batch or continuous sampling.
    (b) Component requirements. We recommend that you use an NDIR 
analyzer that meets the specifications in Table 1 of Sec.  1065.205. 
Note that your NDIR-based system must meet the calibration and 
performance checks in Sec.  1065.350 and Sec.  1065.355 and, for 
continuous measurement, it must also meet the linearity check in Sec.  
1065.307.

Hydrocarbon Measurements


Sec.  1065.260  Flame ionization detector.

    (a) Application. Use a flame ionization detector (FID) analyzer to 
measure hydrocarbon concentrations in raw or diluted exhaust for either 
batch or continuous sampling. Determine hydrocarbon concentrations on a 
carbon number basis of one (1), C1. Determine methane and 
nonmethane hydrocarbon values as described in paragraph (e) of this 
section. See subpart I of this part for special provisions that apply 
to measuring hydrocarbons when testing with oxygenated fuels.
    (b) Component requirements. We recommend that you use a FID 
analyzer that meets the specifications in Table 1 of Sec.  1065.205. 
Note that your FID-based system for measuring THC must meet all of the 
performance checks for hydrocarbon measurement in subpart D of this 
part.
    (c) Heated FID analyzers. For diesel-fueled engines, two-stroke 
spark-ignition engines, and four-stroke spark-ignition engines below 19 
kW, you must use heated FID analyzers that maintain all surfaces that 
are exposed to emissions at a temperature of (191  11) 
[deg]C.
    (d) FID fuel and burner air. Use FID fuel and burner air that meet 
the specifications of Sec.  1065.750. Do not allow the FID fuel and 
burner air to mix before entering the FID analyzer to ensure that the 
FID analyzer operates with a diffusion flame and not a premixed flame.
    (e) Methane. FID analyzers measure total hydrocarbons (THC). To 
determine nonmethane hydrocarbons (NMHC), quantify methane, 
CH4, either with a nonmethane cutter and a FID analyzer as 
described in Sec.  1065.265, or with a gas chromatograph as described 
in Sec.  1065.267. Instead of measuring methane, you may consider that 
2% of measured total hydrocarbons is methane, as described in Sec.  
1065.660. For a FID analyzer used to determine NMHC, determine its 
response factor to CH4, RFCH4, as described in 
Sec.  1065.360. Note that NMHC-related calculations are described in 
Sec.  1065.660.


Sec.  1065.265  Nonmethane cutter.

    (a) Application. You may use a nonmethane cutter to measure 
CH4 with a FID analyzer. A nonmethane cutter oxidizes all 
nonmethane hydrocarbons to CO2 and H2O. Instead 
of measuring methane, you may consider that 2% of measured total 
hydrocarbons is methane, as described in Sec.  1065.660. You may use a 
nonmethane cutter for raw or diluted exhaust for batch or continuous 
sampling.
    (b) System performance. Determine nonmethane-cutter performance as 
described in Sec.  1065.365 and use the results to calculate NMHC 
emission in Sec.  1065.660.
    (c) Configuration. Configure the nonmethane cutter with a bypass 
line for the performance check described in Sec.  1065.365.
    (d) Optimization. You may optimize a nonmethane cutter to maximize 
the penetration of CH4 and the oxidation of all other 
hydrocarbons. You may dilute a sample with purified air or oxygen 
(O2) upstream of the nonmethane cutter to optimize its 
performance. You must account for any sample dilution in emission 
calculations.


Sec.  1065.267  Gas chromatograph.

    (a) Application. You may use a gas chromatograph to measure 
CH4 concentrations of diluted exhaust for batch sampling. 
Instead of measuring methane, you may consider that 2% of measured 
total hydrocarbons is methane, as described in Sec.  1065.660. While 
you may also use a nonmethane cutter to measure CH4, as 
described in Sec.  1065.265, use a reference procedure based on a gas 
chromatograph for comparison with any proposed alternate measurement 
procedure under Sec.  1065.10.
    (b) Component requirements. We recommend that you use a gas 
chromatograph that meets the specifications in Table 1 of Sec.  
1065.205.

NOX Measurements


Sec.  1065.270  Chemiluminescent detector.

    (a) Application. You may use a chemiluminescent detector (CLD) to 
measure NOX concentration in raw or diluted exhaust for 
batch or continuous sampling. We generally accept a CLD for 
NOX measurement, even though it measures only NO (and 
NO2, when coupled with an NO2-to-NO converter), 
since conventional engines and aftertreatment systems do not emit 
significant amounts of NOX species other than NO and 
NO2. Use good engineering judgment to measure other 
NOX species, as appropriate. While you may also use other 
instruments to measure NOX, as described in Sec.  1065.272 
and Sec.  1065.275, use a reference procedure based on a 
chemiluminescent detector for comparison with any proposed alternate 
measurement procedure under Sec.  1065.10.
    (b) Component requirements. We recommend that you use a CLD that 
meets the specifications in Table 1 of Sec.  1065.205. Note that your 
CLD-based system must meet the quench check in Sec.  1065.370 and, for 
continuous

[[Page 54949]]

measurements, it must also meet the linearity check in Sec.  1065.307.
    (c) NO2-to-NO converter. Place upstream of the CLD an 
internal or external NO2-to-NO converter that meets the 
performance check in Sec.  1065.378. Configure the converter with a 
bypass to facilitate this performance check.
    (d) Humidity effects. You must generally maintain CLD temperature 
to prevent aqueous condensation; however, you may disregard 
condensation control if you use one of the following configurations:
    (1) The CLD is downstream of an NO2-to-NO converter that 
meets the performance check in Sec.  1065.378.
    (2) The CLD is downstream of a thermal chiller that meets the 
performance check in Sec.  1065.376.
    (e) Response time. You may use a heated CLD to improve CLD response 
time.


Sec.  1065.272  Nondispersive ultraviolet analyzer.

    (a) Application. You may use a nondispersive ultraviolet (NDUV) 
analyzer to measure NOX concentration in raw or diluted 
exhaust for batch or continuous sampling. We generally accept an NDUV 
for NOX measurement, even though it measures only NO and 
NO2, since conventional engines and aftertreatment systems 
do not emit significant amounts of other NOX species. Use 
good engineering judgment to measure other NOX species, as 
appropriate.
    (b) Component requirements. We recommend that you use an NDUV 
analyzer that meets the specifications in Table 1 of Sec.  1065.205. 
Note that your NDUV-based system must meet the performance checks in 
Sec.  1065.372 and, for continuous measurement, it must also meet the 
linearity check in Sec.  1065.307.
    (c) NO2-to-NO converter. If your NDUV analyzer measures 
only NO, place upstream of the NDUV analyzer an internal or external 
NO2-to-NO converter that meets the performance check in 
Sec.  1065.378. Configure the converter with a bypass to facilitate 
this performance check.
    (d) Humidity effects. You must generally maintain NDUV temperature 
to prevent aqueous condensation; however, you may disregard 
condensation control if you use one of the following configurations:
    (1) The NDUV is downstream of an NO2-to-NO converter 
that meets the performance check in Sec.  1065.378.
    (2) The NDUV is downstream of a thermal chiller that meets the 
performance check in Sec.  1065.376.


Sec.  1065.274  Zirconia (ZrO2) analyzer.

    (a) Application. You may use a zirconia (ZrO2) analyzer 
to measure NOX concentration in raw exhaust for continuous 
sampling, as long as you stay within the analyzer manufacturer's 
specified limits with respect to acceptable O2 exhaust 
concentrations and exhaust temperature. We generally accept a 
ZrO2 analyzer for NOX measurement, even though it 
measures only NO and NO2, since conventional engines and 
aftertreatment systems do not emit significant amounts of other 
NOX species. Use good engineering judgment to measure other 
NOX species, as appropriate.
    (b) Component requirements. We recommend that you use a 
ZrO2 analyzer that meets the specifications in Table 1 of 
Sec.  1065.205. Note that your ZrO2-based system must meet 
the performance checks in Sec.  1065.374 and the linearity check in 
Sec.  1065.307.
    (c) NO2-to-NO converter. If your ZrO2 
analyzer measures only NO, place upstream of the ZrO2 
analyzer an NO2-to-NO converter that meets the performance 
check in Sec.  1065.378. Configure the converter with a bypass to 
facilitate this performance check.
    (d) Humidity effects. You must generally maintain ZrO2 
analyzer temperature to prevent aqueous condensation; however, you may 
disregard condensation control if you use one of the following 
configurations:
    (1) The ZrO2 analyzer is downstream of an 
NO2-to-NO converter that meets the performance check in 
Sec.  1065.378.
    (2) The ZrO2 analyzer is downstream of a thermal chiller 
that meets the performance check in Sec.  1065.376.

O[bdi2] MEASUREMENTS


Sec.  1065.280  Paramagnetic detection analyzer.

    (a) Application. You may use a paramagnetic detection (PMD) 
analyzer to measure O2 concentration in raw or diluted 
exhaust for batch or continuous sampling. While you may also use a 
zirconia analyzer to measure O2, as described in Sec.  
1065.283, use a reference procedure based on paramagnetic detection 
analyzers for comparison with any proposed alternate measurement 
procedures under Sec.  1065.10
    (b) Component requirements. We recommend that you use a PMD 
analyzer that meets the specifications in Table 1 of Sec.  1065.205. 
Note that it must meet the linearity check in Sec.  1065.307 for 
continuous measurements.
    (c) Interference gas compensation. Compensate for PMD interference 
gases according to ISO 8178-1, Section 8.9.4 (incorporated by reference 
in Sec.  1065.1010).


Sec.  1065.284  Zirconia (ZrO2) analyzer.

    (a) Application. You may use a zirconia (ZrO2) analyzer 
to measure O2 concentration in raw exhaust for continuous 
sampling.
    (b) Component requirements. We recommend that you use a 
ZrO2 analyzer that meets the specifications in Table 1 of 
Sec.  1065.205. Note that your ZrO2-based system must meet 
the linearity check in Sec.  1065.307.

PM MEASUREMENTS


Sec.  1065.290  PM gravimetric balance.

    (a) Application. Use a balance to weigh net PM on a sample medium 
for laboratory testing.
    (b) Component requirements. We recommend that you use a balance 
that meets the specifications in Table 1 of Sec.  1065.205. Note that 
your balance-based system must meet the linearity check in Sec.  
1065.307. If the balance uses internal calibration weights for routine 
spanning and linearity checks, the calibration weights must meet the 
specifications in Sec.  1065.790. While you may also use an inertial 
balance to measure PM, as described in Sec.  1065.295, use a reference 
procedure based on a gravimetric balance for comparison with any 
proposed alternate measurement procedure under Sec.  1065.10.
    (c) Periodic verification. Get the balance manufacturer or a 
representative approved by the balance manufacturer to verify the 
balance performance at least once every 12 months.
    (d) Pan design. Use a balance pan designed to minimize corner 
loading of the balance, as follows:
    (1) Use a pan that centers the PM sample on the weighing pan. For 
example, use a pan in the shape of a cross that has upswept tips that 
center the PM sample media on the pan.
    (2) Use a pan that positions the PM sample as low as possible.
    (e) Balance configuration. Configure the balance for optimum 
settling time and stability at your location.


Sec.  1065.295  PM inertial balance for field-testing analysis.

    (a) Application. You may use an inertial balance to quantify net PM 
on a sample medium for field testing.
    (b) Component requirements. We recommend that you use a balance 
that meets the specifications in Table 1 of Sec.  1065.205. Note that 
your balance-based system must meet the linearity check in Sec.  
1065.307. If the balance uses an internal calibration process for 
routine spanning and linearity checks, the process must be NIST-
traceable.
    (c) Periodic verification. Get the balance manufacturer or a

[[Page 54950]]

representative approved by the balance manufacturer to verify the 
balance performance at least once every 12 months.

Subpart D--Calibrations and Performance Checks


Sec.  1065.301  Overview and general provisions.

    (a) This subpart describes required and recommended calibrations 
and performance checks for measurement instruments. See subpart C of 
this part for specifications and system requirements that apply to 
individual instruments.
    (b) You must generally use complete measurement systems when 
performing calibrations or performance checks. For example, this would 
generally involve evaluating instruments based on values recorded with 
the complete system you use for recording test data, including analog-
to-digital converters. For some calibrations and performance checks, we 
may specify that you disconnect part of the measurement system to 
introduce a simulated signal.
    (c) If we do not specify a calibration or performance check for a 
portion of your measurement system, calibrate that portion of your 
system and check its performance at a frequency consistent with any 
recommendations from the measurement-system manufacturer, consistent 
with good engineering judgment.
    (d) Use NIST-traceable standards to the tolerances we specify for 
calibrations and performance checks. Where we specify the need to use 
NIST-traceable standards, you may alternatively ask for our approval to 
use international standards that are not traceable to NIST standards.


Sec.  1065.303  Summary of required calibration and performance checks

    (a) The following table summarizes the required and recommended 
calibrations and performance checks described in this subpart. The 
table also indicates when these have to be performed.

     Table 1 of Sec.   1065.303--Summary of Required Calibration and
                           Performance Checks
------------------------------------------------------------------------
                                     Perform calibration or performance
 Calibration or performance check                   check
------------------------------------------------------------------------
Sec.   1065.305: accuracy,          Accuracy: not required, but
 repeatedly and noise.               recommend for initial installation.
                                    Repeatability: not required, but
                                     recommend for initial installation.
                                    Noise: required during initial
                                     installation only if you correct
                                     for noise (See Sec.   1065.658).
Sec.   1065.307: Linearity........  Speed: Initial installation, and
                                     after major maintenance.
                                    Torque: Once every 12 months, and
                                     after major maintenance.
                                    Flows: Once every 12 months, and
                                     after major maintenance unless flow
                                     is verified by propane check or
                                     carbon (or oxygen) balance.
                                    Continuous analyzers: Once every 6
                                     months, and after major
                                     maintenance.
Sec.   1065.308: continuous         Initial installation and after major
 analyzer system response.           system reconfiguration.
Sec.   1065.310: torque...........  Initial installation and good
                                     engineering judgment afterward.
Sec.   1065.315: pressure,          Initial installation and good
 temperature, dewpoint.              engineering judgment afterward.
Sec.   1065.320: fuel flow........  Initial installation and good
                                     engineering judgment afterward.
Sec.   1065.325: intake flow......  Initial installation and good
                                     engineering judgment afterward.
Sec.   1065.330: exhaust flow.....  Initial installation and good
                                     engineering judgment afterward.
Sec.   1065.340: diluted exhaust    Initial installation, after major
 flow (CVS).                         system reconfiguration, and as part
                                     of corrective action.
Sec.   1065.341: CVS and batch      After CVS and batch sampler
 sampler verification.               calibration and in lieu of
                                     linearity check.
Sec.   1065.345: vacuum leak......  Initial installation, within 7 days
                                     of an emission test, and after
                                     major maintenance.
Sec.   1065.350: CO2 NDIR H2O       Initial installation and after major
 interference.                       maintenance.
Sec.   1065.355: CO NDIR CO2 and    Initial installation and after major
 H2O interference.                   maintenance.
Sec.   1065.360: FID optimization,  Calibrate, optimize, and determine
 etc.                                CH4 response: initial installation
                                     and good engineering judgment
                                     afterward.
                                    Check CH4 response: once every 12
                                     months, and after major
                                     maintenance.
Sec.   1065.362: Raw exhaust FID    Initial installation and after major
 O2 interference.                    maintenance.
Sec.   1065.365: Nonmethane cutter  Once every 6 months, and after major
 penetration.                        maintenance.
Sec.   1065.370: CLD CO2 and H2O    Initial installation and after major
 quench.                             maintenance.
Sec.   1065.372: NDUV NMHC and H2O  Initial installation and after major
 interference.                       maintenance.
Sec.   1065.374: ZrO2 NH3           Initial installation and after major
 interference and NO2 response.      maintenance.
Sec.   1065.376: Chiller NO2        Initial installation and after major
 penetration.                        maintenance.
Sec.   1065.378: NO2 to NO          Once every 6 months, and after major
 converter conversion.               maintenance.
Sec.   1065.390: PM balance and     Within 12 hours of weighing, and
 weighing.                           after major balance and
                                     maintenance.
------------------------------------------------------------------------

Sec.  1065.305  Performance checks for accuracy, repeatability, and 
noise.

    (a) This section describes how to determine the accuracy, 
repeatability, and noise of an instrument. Table 1 of Sec.  1065.205 
specifies recommended values for individual instruments.
    (b) We do not require you to check instrument accuracy or 
repeatability, and we require you to check instrument noise only as 
specified in paragraph (c) of this section. However, it may be useful 
to consider these performance checks to define a specification for a 
new instrument, to verify the performance of a new instrument upon 
delivery, or to troubleshoot an existing instrument.
    (c) If you correct a constituent analyzer for noise as described in 
Sec.  65.658, you must have performed the noise performance check in 
this section within the past 12 months.
    (d) In this section we use the letter ``y'' to denote a generic 
measured quantity, the superscript over-bar to denote an arithmetic 
mean (i.e.,y<), and the subscript ``ref'' to denote the 
reference quantity being measured.
    (e) Conduct these checks as follows:
    (1) Prepare an instrument so it operates at its specified 
temperatures, pressures, and flows. Perform any instrument 
linearization or calibration procedures prescribed by the instrument 
manufacturer.
    (2) Zero the instrument by introducing a zero signal. Depending on 
the instrument, this may be a zero-concentration gas, a reference 
signal, a set of reference thermodynamic conditions, or some 
combination of these. For gaseous constituent analyzers,

[[Page 54951]]

use a zero gas that meets the specifications of Sec.  1065.750(a).
    (3) Span the instrument by introducing a span signal. Depending on 
the instrument, this may be a span-concentration gas, a reference 
signal, a set of reference thermodynamic conditions, or some 
combination of these. For gaseous-exhaust constituent analyzers, use a 
span gas that meets the specifications of Sec.  1065.750(a).
    (4) Use the instrument to quantify a NIST-traceable reference 
quantity, yref. Select a reference quantity near the mean 
value expected during testing. For all exhaust constituent analyzers, 
use a quantity near the flow-weighted average concentration expected at 
the standard and known within the specifications of Sec.  1065.750(a). 
For a noise performance check, use the same zero gas from paragraph (e) 
of this section as the reference quantity. In all cases, allow time for 
the instrument to stabilize while it measures the reference quantity. 
Stabilization time may include time to purge an instrument and time to 
account for its response.
    (5) Sample 25 values, record the arithmetic mean of the 25 values y 
i, and record the standard deviation [sigma]i, of 
the 25 values. Refer to Sec.  1065.602 for an example of calculating 
arithmetic mean and standard deviation.
    (6) Subtract the reference value, yref, from the 
arithmetic mean, yi. Record this value as the error, 
[egr]i.
    (7) Repeat the steps specified in paragraphs (e)(2) through (6) of 
this section until you have ten arithmetic means, (y1, 
y2, y3, ... y10), ten standard 
deviations, ([sigma]1, [sigma]2, 
[sigma]3, ... [sigma]10), and ten errors 
([egr]1, [egr]2, [egr]3, ... 
[egr]10).
    (8) Instrument accuracy is the absolute difference between the 
reference quantity, yref and the arithmetic mean of the ten 
yi. Refer to the accuracy example calculation in Sec.  
1065.602. We recommend that instrument accuracy be within the 
specifications in Table 1 of Sec.  1065.205.
    (9) Repeatability is two times the standard deviation of the ten 
errors: (e.g. repeatability = 2 [middot] [sigma][egr]). Refer to the 
standard deviation example calculation in Sec.  1065.602. We recommend 
that instrument repeatability be within the specifications in Table 1 
of Sec.  1065.205.
    (10) Noise is two times the root mean square of the ten standard 
deviations, (e.g. noise = 2 [middot] rms[sigma]). Refer to the root 
mean square example calculation in Sec.  1065.602. We recommend that 
instrument noise be within the specifications in Table 1 of Sec.  
1065.205. Use this value in the noise correction specified in Sec.  
1065.657.
    (11) You may use a measurement instrument that does not meet the 
accuracy, repeatability, or noise specifications in Table 1 of Sec.  
1065.205, as long as you meet all the following criteria:
    (i) You try to correct the problem.
    (ii) Your measurement systems meet all required calibration, 
performance checks, and validation specifications.
    (iii) The measurement deficiency does not affect your ability to 
show that your engines comply with all applicable emission standards.


Sec.  1065.307  Linearity check.

    (a) Perform a linearity check on each measurement system listed in 
Table 1 of this section at least as frequently as indicated in the 
table, or more frequently, consistent with good engineering judgment; 
for example, if the measurement system manufacturer recommends it. Note 
that this linearity check replaces requirements that we previously 
referred to as calibration specifications.
    (b) If a measurement system does not meet the applicable linearity 
criteria, correct the deficiency by re-calibrating, servicing, or 
replacing components as needed. Before you may use a measurement system 
that does not meet linearity criteria, you must get us to approve it 
under Sec.  1065.10.
    (c) The intent of a linearity check is to determine that a 
measurement system responds proportionally over the measurement range 
of interest. A linearity check generally consists of introducing a 
series of at least 10 reference values to a measurement system. These 
reference values are about evenly spaced from the lowest to the highest 
values expected during emission testing. The measurement system 
quantifies each reference value. The measured values are then 
collectively compared to the reference values by using the linearity 
criteria specified in Table 1 of this section.
    (d) Use the following linearity-check protocol, or use good 
engineering judgment to develop a different protocol that satisfies the 
intent of this section, as described in paragraph (c) of this section:
    (1) In this paragraph (d), we use the letter ``y'' to denote a 
generic measured quantity, the superscript over-bar to denote an 
arithmetic mean (i.e., y), and the subscript ``ref'' to 
denote the known (or reference) quantity being measured.
    (2) Operate a measurement system at its specified temperatures, 
pressures, and flows. This may include any specified adjustment or 
periodic calibration of the measurement system.
    (3) Zero the instrument by introducing a zero signal. Depending on 
the instrument, this may be a zero-concentration gas, a reference 
signal, a set of reference thermodynamic conditions, or some 
combination of these. For gaseous constituent analyzers, use a zero gas 
that meets the specifications of Sec.  1065.750(a).
    (4) Span the instrument by introducing a span signal. Depending on 
the instrument, this may be a span-concentration gas, a reference 
signal, a set of reference thermodynamic conditions, or some 
combination of these. For gaseous-exhaust constituent analyzers, use a 
span gas that meets the specifications of Sec.  1065.750(a).
    (5) Select 10 reference values, yrefi that are nominally 
evenly spaced from the lowest to the highest values expected during 
emission testing. Generate reference quantities as described in 
paragraph (e) of this section. For gaseous-exhaust constituent 
analyzers, use gas concentrations known to be within the specifications 
of Sec.  1065.750(a).
    (6) Select the greatest reference value and introduce it to the 
measurement system.
    (7) Allow time for the instrument to stabilize while it measures 
the reference value. Stabilization time may include time to purge an 
instrument and time to account for its response.
    (8) At a frequency of f Hz specified in Table 1 of Sec.  1065.205, 
measure the reference value 25 times and record the arithmetic mean of 
the 25 values, yi. Refer to Sec.  1065.602 for an example of 
calculating an arithmetic mean.
    (9) Select smallest reference value, and repeat steps in paragraphs 
(d)(7) and (d)(8) of this section.
    (10) Alternate between selecting the highest and lowest remaining 
untested reference values until you have measured all the reference 
values.
    (11) Use the arithmetic means, yi, and reference values, 
yrefi, to calculate statistical values to compare to the 
criteria specified in Table 1 of this section. Use the statistical 
calculations as described in Sec.  1065.602.
    (e) This paragraph (e) describes recommended methods for generating 
reference values for the linearity-check protocol in paragraph (d) of 
this section. Use reference values that simulate actual values, or 
introduce an actual value and measure it with a reference-measurement 
system. In the latter case, the reference value is the value reported 
by the reference-measurement system. Reference values and reference-
measurement systems must be traceable to NIST standards. Use the 
following recommended methods to generate reference values or use good 
engineering judgment to select a different method:

[[Page 54952]]

    (1) Engine speed. Run the engine or dynamometer at a series of 
steady-state speeds and use a strobe, a photo tachometer, or a laser 
tachometer to record reference speeds.
    (2) Engine torque. Use a series of calibration weights and a 
calibration lever arm to simulate engine torque, Alternately, you may 
use the engine or dynamometer itself to generate a nominal torque that 
is measured by a reference load cell in series with the torque 
measurement system. In this case use the reference load cell 
measurement as the reference value. Refer to Sec.  1065.310 for a 
torque-calibration procedure similar to the linearity check in this 
section.
    (3) Fuel rate. Operate the engine at a series of constant fuel-flow 
rates. Use a gravimetric reference measurement (such as a scale, 
balance, or mass comparator) at the inlet to the fuel-measurement 
system. Use a stopwatch to measure the time intervals over which 
reference masses of fuel are introduced to the fuel measurement system. 
The reference fuel mass divided by the time interval is the reference 
fuel flow rate.
    (4) Flow rates--inlet air, dilution air, diluted exhaust, raw 
exhaust, or sample flow. Use a reference flow meter with a blower or 
pump to simulate flow rates. Use a restrictor or diverter valve or a 
variable speed blower or pump to control the range of flow rates. Use 
the reference meter's response as the reference values. Because the 
flow range requirements for these various flows are large, we allow a 
variety of reference meters. For example, for diluted exhaust flow for 
a full flow dilution system we recommend a reference subsonic venturi 
flow meter with a restrictor valve and a blower to simulate flow rates. 
For inlet air, dilution air, diluted exhaust for partial flow dilution, 
raw exhaust or sample flow we allow reference meters such as critical 
flow orifices, critical flow venturis, laminar flow elements, master 
mass flow standards, or Roots meters. Ensure that your reference meter 
is calibrated by the flow meter manufacturer and that its calibration 
is traceable to NIST. If you use the difference of two flow 
measurements to determine a single flow rate, you may use one of the 
measurements as a reference for the other.
    (5) Gas division. At the outlet of the gas division system, connect 
a gas analyzer that meets the linearity check described in this 
section. Operate this analyzer consistent with how you would operate it 
for emission testing. Connect to the gas divider inlet a span gas for 
the analyzer. Use the gas division system to divide the span gas with 
purified air or nitrogen. Select gas divisions that you typically use. 
Use a selected gas division as the measured value. Use the quotient of 
the analyzer response divided by the span gas concentration as the 
reference value.
    (6) Continuous constituent concentration. For reference values, use 
a series of gas cylinders of known gas concentration or use a gas-
division system that is known to be linear with a span gas. Gas-
cylinders, gas-division systems, and span gases that you use for 
reference values must meet the specifications of Sec.  1065.750.
BILLING CODE 6560-50-P

[[Page 54953]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.180

BILLING CODE 6560-50-C


Sec.  1065.308  Continuous gas analyzer system response check.

    (a) Scope and frequency. Perform this check after installing or 
replacing a gas analyzer that you use for continuous sampling. Also 
perform this check if you reconfigure your system in a way that would 
change system response. For example, you add a significant volume to 
the transfer lines by increasing their length or adding a filter. As 
another example, you change the frequency at which you sample and 
record gas analyzer concentrations.
    (b) Measurement principles. This check is an overall system 
response check for continuous analyzers. It evaluates two aspects of 
instrument response, as follows:
    (1) Uniform response. To determine a single gas concentration, you 
may combine more than one gas

[[Page 54954]]

measurement. For example, you may measure an interference gas and use 
its value in an algorithm to compensate the value of another measured 
gas concentration. The response of the interference gas instrument must 
match the response of the instrument that it is compensating.
    (2) Overall system response. The overall system response and the 
system's recording frequency must be properly matched. Gas analyzer 
systems must be optimized such that their overall response to a rapid 
change in concentration is recorded at an appropriate frequency to 
prevent loss of information.
    (c) System requirements. The response check is evaluated by two 
performance criteria, as follows:
    (1) Compensated signals must have a uniform rise and fall during 
the full response to a step change. During a system response to a rapid 
change in multiple gas concentrations, the shape of any compensated 
signal must have no more than one inflection point. In other words, the 
second derivative of any compensated signal must change sign from 
negative (-) to positive (+) no more than once whenever a multi-
component step increase occurs, and the second derivative must change 
sign from positive (+) to negative (-) no more than once whenever a 
multi-component step decrease occurs
    (2) The product of the mean rise time and the sampling frequency 
must be at least 5, and the product of the mean fall time and the 
sampling frequency must be at least 5.
    (d) Procedure. Use the following procedure to check the response of 
your continuous gas analyzer system.
    (1) Instrument setup. Follow the analyzer system manufacturers' 
start-up and operation instructions. Adjust the system as needed to 
optimize performance.
    (2) Equipment setup. Connect a zero air source to one inlet of a 
fast acting 3-way valve (2 inlets, 1 outlet). Connect an NO, CO, 
CO2, C3H8 quad-blend span gas to the 
other valve inlet. Connect the valve outlet to a heated line at 50 
[deg]C, and connect the heated line outlet to the inlet of a 50 [deg]C 
gas bubbler filled with distilled water. Connect the bubbler outlet to 
another heated line at 100 [deg]C. Connect the outlet of the 100 [deg]C 
line to the gas analyzer system's probe or to the overflow fitting 
between the probe and transfer line.
    (3) Data collection.
    (i) Switch the valve to flow zero gas.
    (ii) Allow for stabilization, accounting for transport delays and 
the slowest instrument's full response.
    (iii) Start recording data at the frequency you would during 
emission testing.
    (iv) Switch the valve to flow span gas.
    (v) Allow for transport delays and the slowest instrument's full 
response.
    (vi) Repeat the steps in paragraphs (d)(3)(i) through (v) of this 
section to record seven full cycles, ending with zero gas flowing to 
the analyzers.
    (vii) Stop recording.
    (4) Performance evaluation.
    (i) Uniform response. Compute the second derivative for any 
compensated analyzer signals. The second derivative must change sign 
from negative (-) to positive (+) no more than once whenever span gas 
was flowed, and the second derivative must change sign from positive 
(+) to negative (-) no more than once whenever zero gas was flowed. If 
it did, determine if the cause was an interference gas compensation 
signal. If you can positively demonstrate that any failure was not 
caused by an interference compensation signal, then the analyzer system 
passes this test. Otherwise, adjust the compensation algorithms' time-
alignment and/or dispersion to result in a uniform rise and fall during 
this performance check.
    (ii) Rise time, fall time, and recording frequency. Calculate the 
mean rise time, T10-90 and mean fall time T90-10 
for each of the analyzers. Multiply these times (in s) by their 
respective recording frequencies in Hertz (1/s). The value for each 
result must be at least 5. If the value is less than 5, increase the 
recording frequency or adjust the flows or design of the sampling 
system to increase the rise time and/or fall time. You may not use 
interpolation to increase the number or recorded values. In other 
words, each recorded value must be a unique record of the actual 
analyzer signal.

Measurement of Engine Parameters and Ambient Conditions


Sec.  1065.310  Torque calibration.

    Calibrate your torque measurement system upon initial installation, 
and use good engineering judgment to re-calibrate your system. 
Calibrate torque with the lever-arm dead-weight technique or the 
transfer technique, as described in paragraphs (a) and (b) of this 
section. We define the NIST ``true value'' torque as the torque 
calculated by taking the product of a weight or force traceable to NIST 
and a sufficiently accurate horizontal distance along a lever arm, 
corrected for the lever arm's hanging torque.
    (a) The lever-arm dead-weight technique involves placing known 
weights at a known horizontal distance from the torque-measuring 
device's center of rotation. You need two types of equipment:
    (1) Calibration weights or force. This technique requires 
calibration weights or a force apparatus traceable to NIST standards. 
Use at least six calibration points for each applicable torque-
measuring range, spacing the points about equally over the range.
    (i) For calibration weights, determine their force by multiplying 
their NIST-traceable masses by your local acceleration of Earth's 
gravity. The local acceleration of gravity, ag at your 
latitude, longitude, and elevation may be determined by entering your 
position and elevation data into the United States' National 
Oceanographic and Atmospheric Administration's surface gravity 
prediction Web site: http://www.ngs.noaa.gov/cgi-bin/grav_pdx.prl. If 
this Web site is unavailable, you may use the equations in Sec.  
1065.630, which return your local acceleration of gravity based on your 
latitude and elevation. Make sure the lever arms are perpendicular to 
gravity.
    (ii) [Reserved]
    (2) Lever arm. Apply the calibration weights or force apparatus to 
the torque-sensing device through a lever arm. The length of the lever 
arm, from the point where the calibration force or weights are applied 
to the dynamometer centerline, must be known accurately enough to allow 
the system to meet the linearity criteria in Table 1 of Sec.  1065.307. 
Take into account the torque-producing effect of the lever arm's mass. 
You may balance the lever arm's mass to minimize the torque-producing 
effect.
    (b) The transfer technique involves calibrating a master load cell, 
such as a dynamometer-case load cell. You may calibrate the master load 
cell with known calibration weights or force at known horizontal 
distances. Alternatively, you may use a pre-calibrated master load cell 
to transfer this calibration to the device that measures engine torque. 
The transfer technique involves the following three main steps:
    (1) Pre-calibrate a master load cell using weights or force and a 
lever arm as specified in paragraph (a) of this section. Run or vibrate 
the dynamometer during this calibration to reduce frictional static 
hysteresis.
    (2) The measured horizontal distance from the dynamometer 
centerline to the point where you apply a weight or force must be 
accurate to within 0.5 %. Balance the arms or know their 
net hanging torque to within 0.5 %.
    (3) Transfer calibration from the case or master load cell to the 
torque-

[[Page 54955]]

measuring device with the dynamometer operating at a constant speed. 
Calibrate the torque-measurement device's readout to the master load 
cell's torque readout at a minimum of six loads spaced about equally 
across the full useful ranges of both measurement devices. Transfer the 
calibration so it meets the linearity criteria in Table 1 of Sec.  
1065.307.


Sec.  1065.315  Pressure, temperature, and dewpoint calibration.

    (a) Follow the measurement-system manufacturer's instructions and 
recommended frequency for calibrating pressure, temperature, and 
dewpoint, upon initial installation and use good engineering judgment 
to re-calibrate, as follows:
    (1) Pressure. We recommend temperature-compensated, digital-
pneumatic, or deadweight pressure calibrators, with data-logging 
capabilities to minimize transcription errors.
    (2) Temperature. We recommend digital dry-block or stirred-liquid 
temperature calibrators, with datalogging capabilities to minimize 
transcription errors.
    (3) Dewpoint. We recommend a minimum of three different 
temperature-equilibrated and temperature-monitored calibration salt 
solutions in containers that seal completely around the dewpoint 
sensor.
    (b) You may remove system components for off-site calibration.

Flow-Related Measurements


Sec.  1065.320  Fuel flow calibration.

    (a) Follow the measurement-system manufacturer's instructions for 
calibrating a fuel flow meter upon initial installation and use good 
engineering judgment to re-calibrate. We recommend using a scale and a 
stopwatch.
    (b) You may also develop a procedure based on a chemical balance of 
carbon or oxygen in engine exhaust.
    (c) You may remove system components for off-site calibration. When 
installing a flow meter with an off-site calibration, we recommend that 
you consider the effects of your tubing configuration upstream and 
downstream of your flow meter.


Sec.  1065.325  Intake flow calibration.

    (a) Follow the measurement-system manufacturer's instructions for 
calibrating intake-air flow upon initial installation, and use good 
engineering judgment to re-calibrate. We recommend using a calibration 
subsonic venturi.
    (b) You may remove system components for off-site calibration. When 
installing a flow meter with an off-site calibration, we recommend that 
you consider the effects of your tubing configuration upstream and 
downstream of your flow meter.
    (c) If you use a subsonic venturi for intake flow measurement, we 
recommend that you calibrate it as described in Sec.  1065.340.


Sec.  1065.330  Exhaust flow calibration.

    (a) Follow the measurement-system manufacturer's instructions for 
calibrating exhaust flow upon initial installation, and use good 
engineering judgment to re-calibrate. We recommend that you use a 
calibration subsonic venturi and simulate exhaust temperatures by 
incorporating a heat exchanger between the calibration meter and your 
exhaust-flow meter.
    (b) You may remove system components for off-site calibration. When 
installing a flow meter with an off-site calibration, we recommend that 
you consider the effects of your tubing configuration upstream and 
downstream of your flow meter.
    (c) If you use a subsonic venturi for intake flow measurement, we 
recommend that you calibrate it as described in Sec.  1065.340.


Sec.  1065.340  Diluted exhaust flow (CVS) calibration.

    (a) Overview. This section describes how to calibrate flow meters 
for diluted exhaust constant-volume sampling (CVS) systems.
    (b) Scope and frequency. Perform this calibration while the flow 
meter is installed in its permanent position. Perform this calibration 
after you change any part of the flow configuration upstream or 
downstream of the flow meter that may affect the flow meter 
calibration. Perform this calibration upon initial CVS installation and 
whenever corrective action does not resolve a failure to meet the 
diluted exhaust flow check in Sec.  1065.341.
    (c) Reference flow meter. Calibrate a CVS flow meter using a 
reference subsonic venturi flow meter. Long radius ASME/NIST flow 
nozzles are acceptable. Use a reference flow meter that is within 
1 % NIST traceability. Use this reference flow meter's 
response to flow as the reference value for CVS flow meter calibration.
    (d) Configuration. Do not use an upstream screen or other 
restriction that could affect the flow ahead of the reference flow 
meter, unless the flow meter has been calibrated with such a 
restriction.
    (e) PDP calibration. Calibrate a PDP to determine a flow versus PDP 
speed equation that accounts for flow leakage across sealing surfaces 
in the PDP as a function of PDP inlet pressure. Calibrate a PDP flow 
meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Eliminate leaks between the calibration flow meter and the PDP 
such that total leakage is less than 0.3 % of the lowest flow point; 
for example, at the highest restriction and lowest PDP-speed point.
    (3) While the PDP operates, maintain a constant temperature at the 
PDP inlet within 2 % of the average absolute inlet 
temperature, Tin.
    (4) Set the PDP speed to the first speed point at which you intend 
to calibrate.
    (5) Set the variable restrictor to its wide-open position.
    (6) Operate the PDP for at least 3 min to stabilize the system. 
Continue operating the CFV and record the mean of at least 25 
measurements of each of the following quantities:
    (i) Flow rate of the reference flow meter, n.
    (ii) Temperature at the PDP inlet, Tin.
    (iii) Static absolute pressure at the PDP inlet, Pin.
    (iv) Static absolute pressure at the PDP outlet, Pout.
    (v) PDP speed, fPDP.
    (7) Incrementally close the restrictor valve to decrease the 
absolute pressure at the inlet to the PDP, Pin.
    (8) Repeat the steps in paragraphs (e)(6) and(e)(7) of this section 
to record data at a minimum of six restrictor positions reflecting the 
full range of possible in-use pressures at the PDP inlet.
    (9) Calibrate the PDP by using the collected data and the equations 
in Sec.  1065.640.
    (10) Repeat the steps in paragraphs (e)(6) through (e)(9) of this 
section for each speed that you operate the PDP.
    (11) Use the equations in Sec.  1065.642 to determine the PDP flow 
equation for emission testing.
    (12) Verify the calibration by performing a CVS check (i.e., 
propane check) as described in Sec.  1065.341
    (13) Use the flow equation to determine PDP flow during emission 
testing. Do not use the PDP below the lowest inlet pressure tested 
during calibration.
    (f) CFV calibration. Calibrate a CFV to verify its discharge 
coefficient, Cd and the lowest inlet pressure at which you 
may use your CFV. Calibrate a CFV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Eliminate leaks between the calibration flow meter and the CFV 
such

[[Page 54956]]

that total leakage is less than 0.3 % of total flow at the highest 
restriction.
    (3) While the CFV operates, maintain a constant temperature at the 
CFV inlet within 2 % of the average absolute inlet 
temperature, Tin.
    (4) Start the blower downstream of the CFV.
    (5) Set the variable restrictor to its wide-open position.
    (6) Operate the CFV for at least 3 min to stabilize the system. 
Continue operating the CFV and record the mean of at least 25 
measurements of each of the following quantities:
    (i) Flow rate of the reference flow meter, n.
    (ii) Optionally, dewpoint of the calibration air, Tdew. 
See Sec.  1065.640 for permissible assumptions.
    (iii) Temperature at the venturi inlet, Tin.
    (iv) Static absolute pressure at the venturi inlet, Pin.
    (7) Incrementally close the restrictor valve to decrease the 
absolute pressure at the inlet to the CFV, Pin.
    (8) Repeat the steps in paragraphs (f)(6) and (f)(7) of this 
section to record data at a minimum of ten restrictor positions, such 
that you test the full range of inlet pressures expected during 
testing.
    (9) Determine Cd and the lowest inlet pressure at which 
you may use your CFV as described in Sec.  1065.640.
    (10) Verify the calibration by performing a CVS check (i.e., 
propane check) as described in Sec.  1065.341.
    (11) Use the Cd to determine CFV flow during an emission test. Do 
not use the CFV below the lowest inlet pressure tested during 
calibration.
    (g) SSV calibration. Calibrate an SSV flow meter as follows: 
Calibrate an SSV to determine its calibration coefficient, Cd for the 
range of inlet pressures over which you may use your SSV. Calibrate an 
SSV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Eliminate leaks between the calibration flow meter and the SSV 
such that total leakage is less than 0.3 % of total flow at the highest 
restriction.
    (3) While the SSV operates, maintain a constant temperature at the 
SSV inlet within 2 % of the average absolute inlet 
temperature, Tin.
    (4) Start the blower downstream of the SSV.
    (5) Set the variable restrictor or variable-speed blower to a flow 
rate greater than the greatest flow rate expected during testing. 
Because we do not allow extrapolation of flow rates beyond calibrated 
values, we recommend that you ensure that the SSV throat Reynolds 
number (Re) at your greatest calibrated flow rate is greater 
than the maximum Re expected during testing.
    (6) Operate the SSV for at least 3 min to stabilize the system. 
Continue operating the SSV and record the mean of at least 25 
measurements of each of the following quantities:
    (i) Flow rate of the reference flow meter, n.
    (ii) Optionally, dewpoint of the calibration air, Tdew. 
See Sec.  1065.640 for permissible assumptions.
    (iii) Temperature at the venturi inlet, Tin.
    (iv) Static absolute pressure at the venturi inlet, Pin.
    (v) Static absolute pressure at the venturi throat, Pth.
    (7) Incrementally close the restrictor valve or decrease the blower 
speed to decrease the flow rate.
    (8) Repeat the steps in paragraphs (g)(6) through (g)(7) of this 
section to record data at a minimum of ten flow rates.
    (9) Determine a functional form of Cd versus Re# by using the 
collected data and the equations in Sec.  1065.640.
    (10) Verify the calibration by performing a CVS check (i.e., 
propane check) as described in Sec.  1065.341 using the new Cd versus 
Re equation.
    (11) Use the SSV only between the minimum and maximum calibrated 
flow rates.
    (12) Use the equations in Sec.  1065.642 to determine SSV flow 
during a test.
    (h) Ultrasonic flow meter calibration. [Reserved]
BILLING CODE 6560-50-P

[[Page 54957]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.008

BILLING CODE 6560-50-C


Sec.  1065.341  CVS and batch sampler verification (i.e. propane 
check).

    (a) Perform this check to determine if there is a discrepancy in 
your measured values of diluted exhaust flow. You may also perform this 
check to determine if there is a discrepancy in a batch sampling system 
that extracts a sample from a CVS. Failure of this check might indicate 
that one or more of the following problems might require corrective 
action:
    (1) Incorrect analyzer calibration. Re-calibrate FID analyzer or 
repair or replace analyzer.
    (2) Leaks. Inspect CVS tunnel, connections, and fasteners and 
repair or replace components.
    (3) Poor mixing. Perform the check as described in paragraph (b) of 
this section while traversing sampling probe across diameter of tunnel, 
vertically and horizontally. If analyzer response indicates a deviation 
that exceeds 2% of the mean measured concentration, 
consider operating the CVS at a higher flow rate or installing a mixing 
plate or orifice to improve mixing.
    (4) Hydrocarbon contamination in the sample system. Perform the 
hydrocarbon contamination check as described in Sec.  1065.520.
    (5) Change in CVS calibration. Perform an in-situ calibration of 
the

[[Page 54958]]

CVS flow meter as described in Sec.  1065.340.
    (6) Other problems with the CVS or sampling check hardware or 
software. Inspect CVS system, the CVS check hardware, and your software 
for discrepancies.
    (b) C3H8 check. This check uses either a 
reference mass or a reference flow rate of C3H8 
as a tracer gas in a CVS. Note that if you use a reference flow rate, 
you might have to account for the non-ideal gas behavior of 
C3H8 in your reference flow meter. You inject the 
reference C3H8 into the CVS and then calculate 
the mass you injected using your NMHC measurements and CVS flow rate 
measurements.
    (c) Prepare for this check as follows:
    (1) Obtain a cylinder charged with C3H8. 
Determine the reference cylinder's full weight within 0.5% 
if you use a reference mass instead of a reference flow rate.
    (2) Select appropriate flow rates for the CVS and 
C3H8.
    (3) Select a C3H8 injection port in the CVS. 
Select the port location to be as close as practical to the location 
where you introduce engine exhaust into the CVS. Connect the 
C3H8 cylinder to the injection system.
    (4) Operate and stabilize the CVS.
    (5) Preheat any heat exchangers in the sampling system.
    (6) Allow heated components such as sample lines, filters, and 
pumps to stabilize at operating temperature.
    (7) You may purge your NMHC sampling system during stabilization.
    (8) If applicable, perform a vacuum side leak check of the NMHC 
sampling system as described in Sec.  1065.345.
    (9) You may also conduct any other calibrations or performance 
checks on any equipment or analyzers.
    (d) Zero, span, and check for contamination of the NMHC sampling 
system, as follows:
    (1) Select the lowest NMHC analyzer range that can measure the 
C3H8 concentration expected for your CVS and 
C3H8 flow rates.
    (2) Zero the NMHC analyzer using zero air introduced at the 
analyzer port.
    (3) Span the NMHC analyzer using C3H8 span 
gas introduced at the analyzer port.
    (4) Overflow zero air at the NMHC probe or into a fitting between 
the NMHC probe and the transfer line.
    (5) Measure the stable NMHC concentration of the NMHC sampling 
system as overflow zero air flows.
    (6) If the overflow NMHC concentration exceeds 2% of the expected 
C3H8 concentration, determine the source of the 
contamination and take corrective action, such as cleaning the system 
or replacing contaminated portions. Do not proceed until contamination 
is eliminated.
    (7) If the overflow NMHC concentration does not exceed 2% of the 
expected C3H8 concentration, record this value as 
xNMHCpre and use it to correct for NMHC contamination as 
described in Sec.  1065.660.
    (e) Perform the propane check as follows:
    (1) For batch NMHC sampling, connect clean storage media, such as 
evacuated bags.
    (2) Operate NMHC measurement instruments according to the 
instrument manufacturer's instructions.
    (3) If you choose to correct for dilution air background 
concentrations of NMHC, measure and record background NMHC.
    (4) Zero any integrating devices.
    (5) Begin sampling, and start any flow integrators.
    (6) Release the contents of the propane reference cylinder and the 
rate you selected. If you use a reference flow rate 
C3H8, start integrating this flow rate.
    (7) Continue to release the cylinder's contents for a duration of 
time that is at least as long as your shortest test interval for 
emission testing.
    (8) Shut off the C3H8 reference cylinder and 
continue sampling until you have accounted for time delays due to 
sample transport delays and analyzer response times.
    (9) Stop sampling, and stop any integrators.
    (f) Perform post-test procedure as follows:
    (1) If you used batch sampling, analyze batch samples as soon as 
practical.
    (2) After analyzing NMHC correct for drift, contamination, and 
background.
    (3) Calculate total C3H8 mass based on your 
CVS and NMHC data as described in Sec.  1065.650 and Sec.  1065.660 
using of the molar mass of C3H8, 
MC3H8 instead the molar mass of NMHC, 
MNMHC.
    (4) If you use a reference mass, determine the cylinder's post-test 
weight within 0.5%, and determine the 
C3H8 reference mass by subtracting empty cylinder 
weight from the full cylinder weight.
    (5) Subtract the reference C3H8 mass from 
your calculated mass. If this difference is within 2% of 
the reference mass, the CVS passes this check. If not, take corrective 
action as described in paragraph (a) of this section.
    (g) Batch sampler check. You may repeat the 
C3H8 check to check a batch sampler, such as a PM 
secondary dilution system.
    (1) Configure your NMHC sampling system to extract a sample near 
the location of your batch sampler's storage media (e.g., PM filter). 
If the absolute pressure at this location is too low to extract an NMHC 
sample, you may sample NMHC from the batch sampler pump's exhaust. Use 
caution when sampling from pump exhaust because an acceptable pump leak 
downstream of a batch sampler flow meter will cause a false failure of 
the C3H8 check.
    (2) Repeat the C3H8 check described in this 
section, sampling NMHC from your batch sampler.
    (3) Calculate C3H8 mass taking into account 
any secondary dilution from your batch sampler.
    (4) Subtract the reference C3H8 mass from 
your calculated mass. If this difference is within 5% of 
the reference mass, the batch sampler passes this check. If not, take 
corrective action as described in paragraph (a) of this section.


Sec.  1065.345  Vacuum-side leak check.

    Within seven days before each test, check for vacuum-side leaks as 
described in this section. Check for vacuum-side leaks using one of the 
following two procedures:
    (a) Perform a flow-rate leak-test as follows:
    (1) For a given sampling system, seal the probe end of the system 
by taking one of the following steps:
    (i) Cap or plug the end of the sample probe
    (ii) Disconnect the transfer line at the probe and cap or plug the 
transfer line.
    (iii) Close a leak-tight valve in line between a probe and transfer 
line.
    (2) Operate each analyzer pump. After stabilizing the system, 
verify that the flow through each analyzer is less than 0.5% of the in-
use flow rate. You may use nominal analyzer and bypass flows to 
estimate in-use flow.
    (b) Perform an over-flow leak-test as follows:
    (1) For a given sampling system, route overflow span gas to one of 
the following locations in the sampling system:
    (i) The end of the sample probe
    (ii) Disconnect the transfer line and route to the end of the 
transfer line.
    (iii) A three-way valve installed in-line between a probe and 
transfer line.
    (2) After stabilizing the system, verify that the measured span gas 
concentration is within the measurement accuracy and repeatability of 
the analyzer. Note that a measured value lower than expected may be an 
indication of a leak, but a higher than expected concentration may be 
an indication of a problem with the span gas or the analyzer itself. A 
higher than expected concentration does not indicate a leak.

[[Page 54959]]

CO AND CO2 MEASUREMENTS


Sec.  1065.350  H2O interference check for CO2 
NDIR analyzers.

    (a) Scope and frequency. If you measure CO2 using an 
NDIR analyzer, check for H2O interference after initial 
analyzer installation and after any major maintenance.
    (b) Measurement principles. H2O can interfere with an 
NDIR analyzer's response for CO2. If your NDIR analyzer uses 
compensation algorithms that utilize measurements of other gases to 
meet this interference check, simultaneously conduct such measurements 
to test the algorithms during the analyzer interference check.
    (c) System requirements. A CO2 NDIR analyzer must have 
an H2O interference that is less than 2% of the lowest flow-
weighted average CO2 concentration expected during testing, 
though we strongly recommend a lower interference of less than 1%.
    (d) Procedure. Perform the interference check as follows:
    (1) Start, operate, zero, and span the CO2 NDIR analyzer 
according to the instrument manufacturer's instructions.
    (2) Create a water-saturated test gas by bubbling zero air that 
meets the specifications in Sec.  1065.750 through distilled water in a 
sealed vessel at (2510) [deg]C.
    (3) Upstream of any sample dryer used during testing, introduce the 
water-saturated test gas.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the transfer line and to 
account for analyzer response.
    (5) While the analyzer measures the sample's concentration, record 
its output for 60 s at a nominal frequency of 5 Hz to record 300 data 
points. Calculate the arithmetic mean of these 300 points.
    (e) If the arithmetic mean of the 300 points is less than 2% of the 
flow-weighted average concentration of CO2 expected at the 
standard, then the analyzer meets the interference check.
    (f) You may use a CO2 NDIR analyzer that you determine 
does not meet this performance check, as long as you meet all the 
following criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.


Sec.  1065.355  H2O and CO2 interference check 
for CO NDIR analyzers.

    (a) Scope and frequency. If you measure CO using an NDIR analyzer, 
check for H2O and CO2 interference after initial 
analyzer installation and after any major maintenance.
    (b) Measurement principles. H2O and CO2 can 
positively interfere with an NDIR analyzer by causing a response 
similar to CO. If your NDIR analyzer uses compensation algorithms that 
utilize measurements of other gases to meet this interference check, 
simultaneously conduct such measurements to test the algorithms during 
the analyzer interference check.
    (c) System requirements. A CO NDIR analyzer must have combined 
H2O and CO2 interference that is less than 2% of 
the flow-weighted average concentration of CO expected at the standard, 
as measured in paragraph (d) of this section, though we strongly 
recommend a lower interference of less than 1%.
    (d) Procedure. Perform the interference check as follows:
    (1) Start, operate, zero, and span the CO NDIR analyzer according 
to the instrument manufacturer's instructions.
    (2) Create a water-saturated CO2 test gas by bubbling a 
CO2 span gas through distilled water in a sealed vessel at 
(2510) [deg]C.
    (3) Upstream of any sample dryer used during testing, introduce the 
water-saturated CO2 test gas.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the transfer line and to 
account for analyzer response.
    (5) While the analyzer measures the sample's concentration, record 
its output at its nominal frequency to record 300 data points. 
Calculate the arithmetic mean of these 300 points.
    (6) Multiply this mean by the ratio of expected CO2 to 
span gas CO2 concentration. In other words, estimate the 
flow-weighted average dry concentration of CO2 expected 
during testing, and then divide this value by the concentration of 
CO2 in the span gas used for this check. Then multiply this 
ratio by the mean of the 300 values recorded during this check.
    (e) If the result of (6) is less than 2% of the flow-weighted 
average concentration of CO expected at the standard, then the analyzer 
meets the interference check.
    (f) You may use a CO NDIR analyzer that does not meet this 
performance check as long as you meet all the following criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.

HYDROCARBON MEASUREMENTS


Sec.  1065.360  FID optimization and performance checks.

    (a) Scope and frequency. For all FID analyzers, perform the 
following:
    (1) Calibrate a FID upon initial installation and according to good 
engineering judgment, as described in paragraph (b) of this section. 
Calibrate on a carbon number basis of one (1), C1.
    (2) Optimize, a FID's response to various hydrocarbons after 
initial analyzer installation and after any major maintenance, as 
described in paragraph (c) of this section.
    (3) Determine a FID's CH4 response factor after initial 
analyzer installation and after any major maintenance as described in 
paragraph (d) of this section.
    (4) Check CH4 response once every 12 months.
    (b) Calibration. Use good engineering judgment to develop a 
calibration procedure, such as one based on the FID-analyzer 
manufacturer's instructions and recommended frequency for calibrating 
the FID. Alternately, you may remove system components for off-site 
calibration. Calibrate using a C3H8, balance 
synthetic air, calibration gas that meets the specifications of Sec.  
1065.750. Calibrate on a carbon number basis of one (1), C1. 
For example, if you use a C3H8 span gas of 
concentration 200 [mu]mol/mol, span the FID to respond with a value of 
600 [mu]mol/mol.
    (c) FID Response optimization. Use good engineering judgement for 
initial instrument start-up and basic operating adjustment using FID 
fuel and zero air. Heated FIDs must be at their specified operating 
temperature. Optimize FID response at the operating range expected to 
be used during emission testing. Optimization involves adjusting flows 
and pressures to minimize response variations to different hydrocarbon 
species that are expected to be in the exhaust. Use good engineering 
judgment to trade off peak FID response to propane-in-air to achieve 
minimal response variations to different hydrocarbons. A good example 
of trading off response to 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 (incorporated by reference in Sec.  1065.1010). After 
the optimum flow rates have been determined, record them for future 
reference.

[[Page 54960]]

    (d) CH4 response factor determination. Since FID analyzers 
generally do not have a 1.00 CH4 response factor, determine 
each FID analyzer's CH4 response factor after FID 
optimization. Because we do not limit the range of FID analyzer's 
RFCH4, you must use the most recent RFCH4 that you measured according 
to this section. Use the most recent RFCH4 in the calculations for NMHC 
determination as described in Sec.  1065.660. These calculations 
compensate for CH4 response. Determine a FID analyzer's 
response CH4 factor as follows:
    (1) Select a propane (C3H8) calibration gas 
that meets the specifications of Sec.  1065.750 and has a concentration 
typical of the flow-weighted average concentration expected at the 
hydrocarbon standard. Record the calibration concentration of the gas.
    (2) Select a methane (CH4) calibration gas that meets 
the specifications of Sec.  1065.750 and has a concentration typical of 
the flow-weighted average concentration expected at the hydrocarbon 
standard. Record the calibration concentration of the gas.
    (3) Start and operate the FID analyzer according to the 
manufacturer's instructions.
    (4) Confirm that the FID analyzer has been calibrated using 
C3H8. Calibrate on a carbon number basis of one 
(1), C1. For example, if you use a 
C3H8 span gas of concentration 200 [mu]mol/mol, 
span the FID to respond with a value of 600 [mu]mol/mol.
    (5) Zero the FID with zero air that meets the specifications of 
Sec.  1065.750.
    (6) Span the FID with the calibration gas that you selected in 
paragraph (d)(1) of this section.
    (7) Introduce at the inlet of the FID analyzer the CH4 
calibration gas that you selected in paragraph (d)(2) of this section.
    (8) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the analyzer and to 
account for its response.
    (9) While the analyzer measures the CH4 concentration, 
record its output for 60 s at a nominal frequency of 5 Hz to record 300 
data points. Calculate the arithmetic mean of these 300 points.
    (10) Divide the mean measured concentration by the recorded 
calibration concentration of the CH4 calibration gas. The 
result is the FID analyzer's response factor for CH4, RFCH4.
    (e) FID CH4 response check. Check the FID CH4 response by 
performing the following:
    (1) Perform the CH4 response factor determination as 
described in paragraph (d) of this section.
    (2) If the CH4 response factor is within 5% 
of its most recently determined value, the FID passes the FID flow 
check.
    (3) If the FID does not pass this check, first verify that the 
pressures and flow rates of FID fuel, burner air, and sample are each 
within 0.5% of their most recently recorded values. These 
values are recorded each time you conduct a FID response optimization 
as described in paragraph (c) of this section. You may adjust these 
flows as necessary.
    (4) Repeat the CH4 response factor determination as 
described in paragraph (d) of this section.
    (5) If the pressures and/or flows are correct, but the 
CH4 response factor is not within 5% of its most 
recently determined value, then repeat the FID response optimization as 
described in paragraph (c) of this section.
    (6) Repeat the CH4 response factor as described in 
paragraph (d) of this section.
    (7) Use this CH4 response factor, RFCH4, in the 
calculations for NMHC determination as described in Sec.  1065.660.


Sec.  1065.362  Raw exhaust FID O2 interference check.

    (a) Scope and frequency. If you use a FID analyzer for raw exhaust 
measurements, perform an O2 interference check upon initial 
installation and after major maintenance.
    (b) Measurement principles. Changes in O2 concentration 
in raw exhaust can affect FID response by changing FID flame 
temperature. Optimize FID fuel, burner air, and sample flow to meet 
this check.
    (c) System requirements. Your FID must meet the O2 
interference check according to ISO 8178-1, Section 8.8.3 (incorporated 
by reference in Sec.  1065.1002).


Sec.  1065.365  Nonmethane cutter penetration fractions determination.

    (a) Scope and frequency. If you use a FID analyzer and a nonmethane 
cutter to measure methane (CH4), determine the nonmethane 
cutter's penetration fractions of CH4, PFCH4 and ethane, 
PFC2H6 as described in this section. Perform this check after 
installing the nonmethane cutter, and within six months after the 
previous check. This check must be repeated within six months of the 
check to verify that the catalytic activity of the cutter has not 
deteriorated.
    (b) Measurement principles. A nonmethane cutter removes nonmethane 
hydrocarbons from the exhaust stream before the FID analyzer measures 
hydrocarbon concentrations. An ideal nonmethane cutter would have PFCH4 
of 1.000, and the penetration fraction for all other hydrocarbons would 
be 0.000, as represented by PFC2H6. The emission calculations in Sec.  
1065.660 use the actual measured values of PFCH4 and PFC2H6 to account 
for less than ideal nonmethane cutter performance.
    (c) System requirements. We do not limit penetration fractions to a 
certain range. However, we do recommend that you optimize a nonmethane 
cutter by adjusting its catalyst temperature to achieve PFCH4 >0.9 and 
PFC2H6 <0.1 as determined by paragraph (d) of this section. If we use a 
nonmethane cutter for testing, it will meet this recommendation. If 
adjusting catalyst temperature does not result in achieving both of 
these specifications simultaneously, we recommend that you replace the 
catalyst. Use the most recently determined penetration values from this 
section to calculate the concentration of NMHC, xNMHC as described in 
Sec.  1065.660.
    (d) Procedure. Determine penetration fractions as follows:
    (1) Select CH4 and C2H6 analytical 
gas mixtures that meet the specifications of Sec.  1065.750 with 
concentrations typical of the flow-weighted average concentrations 
expected at the hydrocarbon standard.
    (2) Start and operate the nonmethane cutter according to the 
manufacturer's instructions.
    (3) Confirm that the FID analyzer meets all of the specifications 
of Sec.  1065.360.
    (4) Start and operate the FID analyzer according to the 
manufacturer's instructions.
    (5) Connect the FID analyzer to the outlet of the nonmethane 
cutter.
    (6) Introduce the CH4 analytical gas mixture upstream of 
the nonmethane cutter.
    (7) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the nonmethane cutter and 
to account for its response.
    (8) While the analyzer measures the sample's concentration, record 
its output for 60 s at a nominal frequency of 5 Hz to record 300 data 
points. Calculate the arithmetic mean of these 300 points.
    (9) Reroute the flow path to bypass the nonmethane cutter and 
repeat the steps in paragraphs (d)(6) through (d)(8) of this section.
    (10) Divide the mean concentration measured through the nonmethane 
cutter by the mean concentration measured after bypassing the

[[Page 54961]]

nonmethane cutter. The result is the CH4 penetration 
fraction (PFCH4)
    (11) Repeat steps in paragraphs (b)(6) through (b)(10) of this 
section but with the C2H6 analytical gas mixture 
instead of the CH4 analytical gas mixture. The result is the 
C2H6 penetration fraction (PFC2H6).

NOX MEASUREMENTS


Sec.  1065.370  CLD CO2 and H2O quench check.

    (a) Scope and frequency. If you use a CLD analyzer to measure 
NOX, check for H2O and CO2 quench 
after installing the CLD analyzer and after performing major 
maintenance.
    (b) Measurement principles. H2O and CO2 can 
negatively interfere with a CLD's NOX response by 
collisional quenching, which inhibits the chemiluminescent reaction 
that a CLD utilizes to detect NOX. The calculations in Sec.  
1065.672 that are used to determine H2O quench account for 
the water vapor in humidified NO span gas. The procedure and the 
calculations scale the quench results to the water vapor and 
CO2 concentrations expected during testing. If your CLD 
analyzer uses quench compensation algorithms that utilize 
H2O and/or CO2 measurement instruments, use these 
instruments to measure H2O and/or CO2 and 
evaluate quench with the compensation algorithms applied.
    (c) System requirements. A CLD analyzer must have a combined 
H2O and CO2 quench of less than 2%, 
though we strongly recommend a quench of  1%. Combined 
quench is the sum of the CO2 quench determined as described 
in paragraph (d) of this section, plus the H2O quench 
determined as described in paragraph (e) of this section.
    (d) CO2 quench-check procedure. Use the following method 
to determine CO2 quench, or use good engineering judgment to 
develop a different protocol:
    (1) Use PTFE tubing to make necessary connections.
    (2) Connect a pressure-regulated CO2 span gas to one of 
the inlets of a three-way valve made of 300 series stainless steel. Use 
a CO2 span gas that meets the specifications of Sec.  
1065.750 and has a concentration that is approximately twice the 
maximum CO2 concentration expected during testing, if 
available.
    (3) Connect a pressure-regulated purified N2 gas to the 
valve's other inlet. Use a purified N2 gas that meets the 
specifications of Sec.  1065.750.
    (4) Connect the valve's single outlet to the balance-gas port of a 
gas divider that meets the specifications in Sec.  1065.248.
    (5) Connect a pressure-regulated NO span gas to the span-port of 
the gas divider. Use an NO span gas that meets the specifications of 
Sec.  1065.750. Attempt to use an NO concentration that is 
approximately twice the maximum NO concentration expected during 
testing,
    (6) Configure the gas divider such that nearly equal amounts of the 
span gas and balance gas are blended with each other. Apply viscosity 
corrections as necessary to appropriately to ensure correct gas divider 
operation.
    (7) While flowing balance and span gases through the gas divider, 
stabilize the CO2 concentration downstream of the gas 
divider and measure the CO2 concentration with an NDIR 
analyzer that has been prepared for emission testing. Record this 
concentration, xCO2 and use it in the quench check 
calculations in Sec.  1065.672.
    (8) Measure the NO concentration downstream of the gas divider. If 
your CLD has an operating mode in which it detects only NO, as opposed 
to total NOX, operate the CLD in that operating mode. Record 
this concentration, xNO+CO2, and use it in the quench check 
calculations in Sec.  1065.672.
    (9) Switch the three-way valve so that 100% purified N2 
flows to the gas divider's balance-port inlet. Monitor the 
CO2 at the gas divider's outlet until its concentration 
stabilizes at zero.
    (10) Measure NO concentration at the gas divider's outlet. Record 
this value, xNO+N2, and use it in the quench check 
calculations in Sec.  1065.672.
    (11) Calculate CO2 quench as described in Sec.  
1065.672.
    (e) H2O quench check procedure.
    (1) For a CLD analyzer equipped with a sample dryer, as described 
in Sec.  1065.145(d)(2)), you may assume an H2O quench value 
of 0% if you can show that the dryer maintains less than 4 [deg]C 
dewpoint at its outlet when it receives at its inlet the maximum 
dewpoint expected during testing. Determine dewpoint as described in 
Sec.  1065.145(d)(2)).
    (2) For a CLD analyzer without a dryer, take the following steps to 
determine H2O quench:
    (i) If your CLD has an operating mode in which it detects only NO, 
as opposed to total NOX, operate the CLD in that operating 
mode.
    (ii) Measure an NO calibration span gas that meets the 
specifications of Sec.  1065.750 and is near the maximum concentration 
expected at the standard. Record this concentration, xNOdry.
    (iii) Bubble the same NO gas through distilled water in a sealed 
vessel at (25 10) [deg]C. Record the vessel water 
temperature, Tsat and pressure, Psat. To prevent 
subsequent condensation, make sure the humidified sample will not be 
exposed to temperatures lower than Tsat during transport from the 
sealed vessel's outlet to the CLD. We recommend heated transfer lines.
    (iv) Use the CLD to measure the NO concentration of the humidified 
span gas and record this value, xNOwet.
    (v) Use the recorded values from this paragraph (e) to calculate 
the H2O quench as described in Sec.  1065.672.
    (f) If the sum of the H2O quench plus the CO2 
quench is not less than 2%, take corrective action by repairing or 
replacing the analyzer. Before using a CLD for emission testing, 
demonstrate that the corrective action resulted in less than 2% 
combined quench.


Sec.  1065.372  NDUV analyzer NMHC and H2O interference 
check.

    (a) Scope and frequency. If you measure NOX using an 
NDUV analyzer, check for H2O and hydrocarbon interference 
after initial analyzer installation and after any major maintenance.
    (b) Measurement principles. Hydrocarbons and H2O can 
positively interfere with an NDUV analyzer by causing a response 
similar to NOX. If your NDUV analyzer uses compensation 
algorithms that utilize measurements of other gases to meet this 
interference check, simultaneously conduct such measurements to test 
the algorithms during the analyzer interference check.
    (c) System requirements. A NOX NDUV analyzer must have 
combined H2O and hydrocarbon interference that is less than 
2% of the flow-weighted average concentration of 
NOX expected at the standard, as measured in paragraph (d) 
of this section, though we strongly recommend a lower interference of 
less than 1%.
    (d) Procedure. Perform the interference check as follows:
    (1) Start, operate, zero, and span the NOX NDUV analyzer 
according to the instrument manufacturer's instructions.
    (2) We recommend that you extract engine exhaust to perform this 
check. Use a CLD that meets the specifications of subpart C of this 
part to quantify NOX in the exhaust. Use the CLD response as 
the reference value. Also measure NMHC in the exhaust with a FID 
analyzer that meets the specifications of subpart C of this part. Use 
the FID response as the measured hydrocarbon value.
    (3) Upstream of any sample dryer used during testing, introduce the 
engine exhaust to the NDUV analyzer.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the transfer

[[Page 54962]]

line and to account for analyzer response.
    (5) While all analyzers measure the sample's concentration, record 
300 data points, and calculate the arithmetic means for the three 
analyzers.
    (6) Subtract the CLD mean from the NDUV mean.
    (7) Multiply this difference by the ratio of the flow-weighted 
average NMHC concentration expected at the standard to the NMHC 
concentration measured during the performance check.
    (e) If the result of (7) is less than 2%, then the 
analyzer meets this interference check.
    (f) You may use a NOX NDUV analyzer that demonstrates 
2% or greater H2O interference as long as you 
meet all the following criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.


Sec.  1065.374  ZrO2 NOX analyzer NH3 
interference and NO2 response checks.

    (a) Scope and frequency. If you use a ZrO2 analyzer to 
measure NOX, check for ammonia interference, NO2 response, 
and operation under fuel rich conditions after installing the 
ZrO2 analyzer and after major maintenance.
    (b) Measurement principles. Ammonia (NH3) can positively 
interfere with a ZrO2 analyzer by causing a response similar 
to NOX. If your ZrO2 analyzer uses compensation 
algorithms that utilize measurements of other gases to meet this 
interference check, use those analyzers during the NH3 
interference check. Because of the catalytic reactions required for 
NOX measurement via ZrO2 analyzers, we specify an 
NO2 response factor tolerance and an operational check under 
net fuel-rich exhaust conditions.
    (c) System requirements. A ZrO2 analyzer must have an 
NH3 interference less than 2% of the flow-weighted average 
concentration of NOX expected at the standard, though we 
strongly recommend a lower interference of less than 1%. A 
ZrO2 analyzer must also have an NO2 response 
factor, RFNO2 of at least 0.95, but not more than 1.05, as 
measured in paragraph (e) of this section.
    (d) Ammonia interference check. Check for ammonia interference as 
follows:
    (1) Start, operate, zero, and span the NOX 
ZrO2 analyzer according to the instrument manufacturer's 
instructions.
    (2) Select an NH3 span gas that meets the specifications 
of Sec.  1065.750.
    (3) Introduce the NH3 span gas at the inlet to the 
analyzer.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the transfer line and to 
account for analyzer response.
    (5) While the analyzer measures the sample's concentration, record 
its output at its nominal frequency to record 300 data points. 
Calculate the arithmetic mean of these 300 points.
    (6) Multiply this mean by the ratio of expected NH3 to 
span gas NH3 concentration. In other words, estimate the 
flow-weighted average dry concentration of NH3 expected 
during testing, and then divide this value by the concentration of 
NH3 in the span gas used for this check. Then multiply this 
ratio by the mean of the 300 values recorded during this check.
    (e) If the result of paragraph (d)(6) is less than 2% of the flow-
weighted average concentration of NOX expected at the 
standard, then the analyzer meets the interference check.
    (f) You may use a NOX ZrO2 analyzer that does 
not meet this performance check as long as you meet all the following 
criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.
    (g) NO2-response check. Check for NO2 
response as follows:
    (1) Select an NO2 calibration gas that meets the 
specifications of Sec.  1065.750. Record the calibration concentration 
of the gas.
    (2) Start, operate, zero, and span the ZrO2 analyzer 
according to the manufacturer's instructions.
    (3) Introduce the NO2 calibration gas at the inlet of 
the ZrO2 analyzer, and if you use an NO2 to NO 
converter upstream of the analyzer during emission testing, introduce 
the NO2 upstream of the NO2 to NO converter.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the analyzer and to 
account for detector response.
    (5) While the analyzer measures the sample's concentration, record 
its output at its nominal frequency to record 300 data points. 
Calculate the arithmetic mean of these 300 points.
    (6) Divide the mean measured value by the recorded calibration 
concentration of the NO2 calibration gas. The result is the 
ZrO2 analyzer's response factor for NO2.
    (h) If the NO2 response factor is less than 0.95 or 
greater than 1.05, take corrective action by repairing or replacing the 
analyzer.
    (i) Before using a ZrO2 analyzer for emission testing, 
demonstrate that the corrective action resulted in an NO2 
response factor of at least 0.95. Corrective action may include adding 
an NO2 to NO converter to your emission testing system.
    (j) You may use a NOX ZrO2 analyzer that has 
an NO2 response factor greater than 1.05 as long as you meet 
all the following criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.
    (k) Oxygen debt check. If you use a NOX ZrO2 
analyzer in exhaust that has oxygen, then you do not have to perform 
this check. However, if you use a NOX ZrO2 
analyzer in exhaust that has no oxygen and some CO and hydrocarbons, 
then perform this check as follows:
    (1) Start, operate, zero, and span the NOX 
ZrO2 analyzer according to the instrument manufacturer's 
instructions using a span gas that contains only NO and a balance gas. 
The span gas must not contain CO or hydrocarbons.
    (2) Select a tri-blend span gas of NO, CO and 
C3H8 that meets the specifications of Sec.  
1065.750, and record the NO concentration.
    (3) Introduce the tri-blend span gas at the inlet to the analyzer.
    (4) Allow time for the analyzer response to stabilize. 
Stabilization time may include time to purge the transfer line and to 
account for analyzer response.
    (5) While the analyzer measures the sample's concentration, record 
its output at its nominal frequency to record 300 data points. 
Calculate the arithmetic mean of these 300 points.
    (l) If the mean calculated in paragraph (k)(5) of this section is 
not within 2% of the tri-blend NO concentration, take 
corrective action by repairing or replacing the analyzer, or do not use 
it to measure NOX in exhaust with an oxygen debt (i.e., net 
fuel-rich exhaust).
    (m) Before using a ZrO2 analyzer for emission testing in 
exhaust that has an oxygen debt, demonstrate that corrective action 
resulted in an oxygen debt check that returns a mean in paragraph 
(k)(5) of this section of at least 98% of the tri-blend NO 
concentration.
    (n) You may use a NOX ZrO2 analyzer for 
emission testing in exhaust that has an oxygen debt if the mean in 
paragraph (k)(5) of this section is greater than 102% of the tri-blend 
NO concentration as long as you meet all the following criteria:
    (1) You try to correct the problem.
    (2) The measurement deficiency does not affect your ability to show 
that your engines comply with all applicable emission standards.

[[Page 54963]]

Sec.  1065.376  Chiller NO2 penetration.

    (a) Scope and frequency. If you use a chiller to dry a sample 
upstream of a NOX measurement instrument, but you don't use 
an NO2 to NO converter upstream of the chiller, you must 
perform this check. Perform this check after initial installation and 
after major maintenance.
    (b) Measurement principles. A chiller removes water, which can 
otherwise interfere with a NOX measurement. However, liquid 
water in an improperly designed chiller can remove NO2 from 
the sample. Therefore, if a chiller is used without an NO2 
to NO converter upstream, it could remove NO2 from the 
sample prior to NOX measurement.
    (c) System requirements. An chiller must meet the following 
performance check so that at least 95% of the total NOX is 
measured at the lowest expected NO/NOX fraction.
    (d) Procedure. Use the following procedure to check the performance 
of your chiller.
    (1) Instrument setup. Follow the analyzer and chiller 
manufacturers' start-up and operation instructions. Adjust the analyzer 
and chiller as needed to optimize performance.
    (2) Equipment setup. Connect an ozonator's inlet to a zero air 
source and connect its outlet to one port of a 3-way tee fitting. 
Connect an NO span gas to another port of the tee. Connect a heated 
line at 100 [deg]C to the last port, and connect a heated 3-way tee to 
the other end of the line. Connect a dewpoint generator set at a 
dewpoint of 50 [deg]C to one end of a heated line at 100 [deg]C. 
Connect the other end of the line to the heated tee, and connect a 
third 100 [deg]C heated line to the chiller inlet. Provide an overflow 
vent line at the chiller inlet.
    (3) For the steps in paragraphs (d)(4) through (7) of this section, 
set your analyzer to measure only NO (e.g., NO mode), or only read the 
NO channel of your analyzer.
    (4) Initial NOX adjustment. With the dewpoint generator 
and the ozonator off, adjust the NO and zero gas flows so that the NO 
concentration at the analyzer is at 2 times the peak total 
NOX concentration expected during testing. Verify that gas 
is flowing out of the overflow vent line.
    (5) Total NOX adjustment. Turn on the dewpoint generator 
and adjust its flow so that the NO concentration at the analyzer is at 
the peak total NOX concentration expected during testing. 
Verify that gas is flowing out of the overflow vent line.
    (6) NO/NOX adjustment. Turn on the ozonator and adjust 
the ozonator so that the NO concentration measured by the analyzer 
decreases to represent the minimum NO/NOX fraction expected 
during testing. Calculate this fraction as the NO concentration with 
the ozonator on divided by the NO concentration with the ozonator off. 
Determine your expected minimum fraction from previous emission tests 
or estimate it based on good engineering judgment. For example, for a 
stoichiometric spark-ignition engine, this minimum fraction may be (90 
to 95)% NO/NOX; for a compression-ignition engine, this 
minimum fraction may be (65 to 85)% NO/NOX. In the case of a 
compression-ignition engine with an NO2 storage and 
reduction aftertreatment system, this ratio may be (0 to 10)% NO/
NOX.
    (7) If you cannot adjust the ozonator to achieve the expected 
minimum NO/NOX fraction, select a higher concentration NO 
span gas and repeat steps in paragraphs (d)(3) through (6). This will 
increase the amount of zero air flow to the ozonator. If this solution 
does not work, you may substitute the zero air with purified 
O2.
    (8) Data collection. Maintain the ozonator adjustment in paragraph 
(d)(6) of this section, but turn off power to the ozonator.
    (i) Switch the analyzer to measure total NOX 
(NOX mode) or measure NOX as the sum of your 
analyzer NO and NO2 readings.
    (ii) Allow for stabilization, accounting for transport delays and 
instrument response.
    (iii) Calculate the mean of 25 samples from the analyzer and record 
this value as NOxref.
    (iv) Turn on the ozonator and allow for stabilization, accounting 
for transport delays and instrument response.
    (v) Calculate the mean of 25 samples from the analyzer and record 
this value as NOxmeas.
    (vi) Switch the ozonator off.
    (vii) Repeat steps in paragraphs (d)(8)(i) through (vi) to record 
seven values of NOxref and seven values of 
NOxmeas.
    (9) Performance evaluation. Calculate the means of the 
NOXref and NOxmeas values. Divide the mean 
NOxmeas by the mean NOxref. If the result is less 
than 95%, repair or replace the chiller.


Sec.  1065.378  NO2-to-NO converter conversion check.

    (a) Scope and frequency. If you use an analyzer that measures only 
NO to determine NOX, you must use an NO2 to NO 
converter upstream of the analyzer. Perform this check after installing 
the converter and within six months after the last check. This check 
must be repeated within six months of the check to verify that the 
catalytic activity of the NO2 to NO converter has not 
deteriorated.
    (b) Measurement principles. An NO2 to NO converter 
allows an analyzer that measures only NO to determine total 
NOX by converting the NO2 in exhaust to NO.
    (c) System requirements. An NO2-to-NO converter must 
meet the following performance check so that at least 95% of the total 
NOX is measured at the lowest expected NO/NOX 
fraction.
    (d) Procedure. Use the following procedure to check the performance 
of your NO2 to NO converter.
    (1) Instrument setup. Follow the analyzer and NO2 to NO 
converter manufacturers' start-up and operation instructions. Adjust 
the analyzer and converter as needed to optimize performance.
    (2) Equipment setup. Connect an ozonator's inlet to a zero air 
source and connect its outlet to one port of a 4-way cross fitting. 
Connect an NO span gas to another port of the cross. Connect the 
NO2 to NO converter inlet to another port, and connect an 
overflow vent line to the last port.
    (3) Total NOX adjustment. With the NO2 to NO 
converter in the bypass mode (e.g., NO mode) and the ozonator off, 
adjust the NO and zero gas flows so that the NO concentration at the 
analyzer is at the peak total NOX concentration expected 
during testing. Verify that gas is flowing out of the overflow vent.
    (4) NO/NOX adjustment. With the NO2 to NO 
converter still in the bypass mode, turn on the ozonator and adjust the 
ozonator so that the NO concentration measured by the analyzer 
decreases to represent the minimum NO/NOX fraction expected 
during testing. Calculate this fraction as the NO concentration with 
the ozonator on divided by the NO concentration with the ozonator off. 
Determine your expected minimum fraction from previous emission tests 
or estimate it based on good engineering judgment. For example, for a 
stoichiometric spark-ignition engine, this minimum fraction may be (90 
to 95)% NO/NOX; for a compression-ignition engine, this 
minimum fraction may be (65 to 85)% NO/NOX. In the case of a 
compression-ignition engine with an NO2 storage and 
reduction aftertreatment system, this ratio may be (0 to 10)% NO/
NOX.
    (5) If you cannot adjust the ozonator to achieve the expected 
minimum NO/NOX fraction, select a higher concentration NO 
span gas and repeat steps in paragraphs (d)(3) and (4). This will 
increase the amount of zero air flow to the ozonator. If this solution 
does not

[[Page 54964]]

work, you may substitute the zero air with purified O2.
    (6) Data collection. Maintain the ozonator adjustment in paragraph 
(d)(4) of this section, but turn off power to the ozonator. Switch the 
NO2 to NO converter from bypass mode to sample mode (e.g., 
NOX mode) so that the sample flows through the converter to 
the analyzer.
    (i) Allow for stabilization, accounting only for transport delays 
and instrument response.
    (ii) Calculate the mean of 25 samples from the analyzer and record 
this value as NOxref.
    (iii) Turn on the ozonator and allow for stabilization, accounting 
only for transport delays and instrument response. Do not allow extra 
stabilization time to account for NO2 to NO converter 
response.
    (iv) Calculate the mean of 25 samples from the analyzer and record 
this value as NOxmeas.
    (v) Switch the ozonator off.
    (vi) Repeat the steps in paragraphs (d)(6)(i) through (v) of this 
section to record seven values of NOxref and seven values of 
NOxmeas.
    (7) Performance evaluation. Calculate the means of the 
NOxref and NOxmeas values. Divide the mean 
NOxmeas by the mean NOxref. If the result is less 
than 95%, repair or replace the NO2 to NO converter.

PM Measurements


Sec.  1065.390  PM balance and weighing process performance check.

    (a) Scope and frequency. If you measure PM, check the balance 
performance and the PM weighing environment as described in this 
section within 12 h before weighing.
    (b) Measurement principles. You must check balance performance by 
zeroing and spanning it. Use calibration weights that meet the 
specifications in Sec.  1065.790 to perform this check. You must also 
check the PM-weighing environment and weighing process to make sure it 
has not been compromised by improper balance operation, environmental 
contamination, or some other problem with the weighing process.
    (c) System requirements. Zero and span the balance. The reference 
sample weighing procedure described in paragraph (e) of this section 
must return a change in the reference samples' mean mass of no more 
than 10% of the net PM mass expected at the standard or 
10 [mu]g, whichever is higher, and 10 mg if the 
expected PM mass at the standard is not known. For example, a central 
PM weighing lab might not have information about an applicable 
standard, the amount of exhaust dilution, and the amount of exhaust 
sampled to determine an expected value. If the reference sample 
weighing procedure exceeds this threshold, invalidate all PM results 
that were sampled after the last time the reference sample weighing 
procedure was within these specifications.
    (d) Procedure for checking balance performance. If you normally use 
average values by repeating the weighing process to improve the 
accuracy and precision of PM measurements, use the same process to 
check balance performance using either of the following procedures. Use 
an automated procedure to check balance performance if it meets the 
intent described in paragraph (b) of this section. Otherwise use a 
manual procedure in which you zero the balance and span the balance 
with a calibration weight.
    (e) Procedure for checking reference sample weighing procedures. 
Check the reference sample weighing procedure as follows:
    (1) Keep at least two unused PM sample media in the PM-
stabilization environment for use as reference samples. If you collect 
PM with filters, select unused filters of the same medium and size for 
use as reference samples. You may periodically replace reference 
samples, using good engineering judgment.
    (2) Stabilize reference samples. Consider reference samples 
stabilized if they have been in the PM-stabilization environment for a 
minimum of 30 min, and the PM-stabilization environment has been within 
the specifications of Sec.  1065.190(c) for at least the preceding 30 
min.
    (3) Exercise the balance several times with a reference sample. We 
recommend weighing ten samples without recording values.
    (4) Zero and span the balance.
    (5) Weigh each of the reference samples and record the arithmetic 
mean of their masses. We recommend using substitution weighing as 
described in Sec.  1065.590(h). You may repeat weighing to improve 
accuracy and precision.
    (6) Record the balance environment dewpoint, ambient temperature, 
and barometric pressure.
    (7) Use the recorded ambient conditions to correct results for 
buoyancy as described in Sec.  1065.690. Record the buoyancy-corrected 
mean mass of the reference samples.
    (8) Quantify the mean mass change of reference samples by 
subtracting the buoyancy-corrected mean mass from the corresponding 
value from the last time you checked PM weighing procedures under this 
paragraph (e).
    (f) If the reference samples' mean mass changes by more than 10% of 
the net PM mass expected at the standard or by 10 [mu]g, 
whichever is greater, invalidate all PM results that were sampled after 
the last time the reference sample weighing procedure was within this 
specification. Before using a balance for emission testing, replace 
reference samples and establish their mean mass.

Subpart E--Engine Selection, Preparation, and Maintenance


Sec.  1065.401  Test engine selection.

    While all engine configurations within a certified engine family 
must comply with the applicable standards in the standard-setting part, 
you need not test each configuration for certification.
    (a) Select an engine configuration within the engine family for 
testing, as follows:
    (1) Test the engine that we specify, whether we issue general 
guidance or give you specific instructions.
    (2) If we do not tell you which engine to test, follow any 
instructions in the standard-setting part.
    (3) If we do not tell you which engine to test and the standard-
setting part does not include specifications for selecting test 
engines, use good engineering judgment to select the engine 
configuration within the engine family that is most likely to exceed an 
emission standard.
    (b) In the absence of other information, the following 
characteristics are appropriate to consider when selecting the engine 
to test:
    (1) Maximum fueling rates.
    (2) Maximum loads.
    (3) Maximum in-use speeds.
    (4) Highest sales volume.
    (c) We may select any engine configuration within the engine family 
for our testing.


Sec.  1065.405  Test engine preparation and maintenance.

    (a) If you are testing an emission-data engine for certification, 
make sure it is built to represent production engines.
    (b) Run the test engine, with all emission-control systems 
operating, long enough to stabilize emission levels. If you accumulate 
50 h of operation for a spark-ignition engine or 125 h for a 
compression-ignition engine, you may consider emission levels stable 
without measurement. If the engine needs more operation to stabilize 
emission levels, record your reasons and the methods for doing this, 
and give us these records if

[[Page 54965]]

we ask for them. You may also use the provisions of Sec.  1065.10 to 
request a shorter period of engine operation at which emission levels 
may be considered stable without measurement.
    (c) Do not service the test engine before you stabilize emission 
levels, unless we approve such maintenance in advance. This prohibition 
does not apply to your recommended oil and filter changes for newly 
produced engines, or to idle-speed adjustments.
    (d) For accumulating operating hours on your test engines, select 
engine operation that represents normal in-use operation for the engine 
family.
    (e) If your engine will be used in a vehicle equipped with a 
canister for storing evaporative hydrocarbons for eventual combustion 
in the engine, attach a canister fully loaded with fuel vapors before 
running a test. Connect the canister's purge port to the engine and 
plug the canister port that is normally connected to the fuel tank. Use 
a canister and plumbing arrangement that represents the in-use 
configuration of the largest capacity in all expected applications. You 
may request to omit using an evaporative canister during testing if you 
can show that it would not affect your ability to show compliance with 
the applicable emission standards. You do not have to accumulate engine 
operation with an installed canister.


Sec.  1065.410  Maintenance limits for stabilized test engines.

    (a) After you stabilize the test engine's emission levels, you may 
do maintenance, other than during emission testing, as the standard-
setting part specifies. However, you may not do any maintenance based 
on emission measurements from the test engine.
    (b) Other than critical emission-related maintenance, you specify 
in your application for certification, you must completely test an 
engine for emissions before and after doing any maintenance that might 
affect emissions, unless we waive this requirement.
    (c) Unless we approve otherwise in advance, you may not use 
equipment, instruments, or tools to identify bad engine components 
unless you specify they should be used for scheduled maintenance on 
production engines. In this case, if they are not generally available, 
you must also make them available at dealerships and other service 
outlets.
    (d) You may adjust, repair, disassemble, or replace the test engine 
only with our approval. We may approve these steps if all the following 
occur:
    (1) Something clearly malfunctions--such as persistent misfire, 
engine stall, overheating, fluid leaks, or loss of oil pressure--and 
needs maintenance or repair.
    (2) You provide us an opportunity to verify the extent of the 
malfunction before you do the maintenance.
    (e) If we determine that a part failure, system malfunction, or 
associated repairs have made the engine's emission controls 
unrepresentative of production engines, you may no longer use it as a 
test engine. Also, if your test engine has a major mechanical failure 
that requires you to take it apart, you may no longer use it as a test 
engine.


Sec.  1065.415  Durability demonstration.

    If the standard-setting part requires durability testing, you must 
accumulate service in a way that represents how you expect the engine 
to operate in use. You may accumulate service hours using an 
accelerated schedule, such as through continuous operation.
    (a) Maintenance. The following limits apply to the maintenance that 
we allow you to do on a test engine:
    (1) You may perform scheduled maintenance that you recommend to 
operators, but only if it is consistent with the standard-setting 
part's restrictions.
    (2) You may perform additional maintenance only as specified in 
Sec.  1065.410(b).
    (b) Emission measurements. Perform emission tests following the 
provisions of this part and the standard-setting part. Perform emission 
tests to determine deterioration factors consistent with good 
engineering judgment. Evenly space any tests between the first and last 
test points throughout the durability period, unless we approve 
otherwise.

Subpart F--Running an Emission Test in the Laboratory


Sec.  1065.501  Overview.

    (a) Use the procedures detailed in this subpart to measure engine 
emissions in a laboratory by performing the following tasks:
    (1) Map your engine by recording specified torque and speed data.
    (2) Use your engine map to transform normalized duty cycles into 
reference duty cycles for your engine.
    (3) Prepare your engine, equipment, and measurement instruments for 
an emission test.
    (4) Perform pre-test procedures to verify proper operation of 
certain equipment and analyzers.
    (5) Record pre-test data.
    (6) Start or restart the engine and sampling systems.
    (7) Sample emissions throughout the duty cycle.
    (8) Record post-test data.
    (9) Perform post-test procedures to verify proper operation of 
certain equipment and analyzers.
    (b) The general test consists of a duty cycle made of one or more 
of the following segments (check the standard-setting part for specific 
duty cycles):
    (1) Either a cold-start transient cycle where you measure 
emissions, or a warm-up cycle where you do not measure emissions. 
Transient testing consists of a sequence of target values for speed and 
torque that change continuously throughout the duty cycle.
    (2) A hot-start transient test. Some duty cycles may omit engine 
starting from the ``hot-start'' cycle.
    (3) A steady-state test with a warmed-up engine. Steady-state tests 
may involve discrete-mode testing or ramped-modal testing. Discrete-
mode testing consists of a series of discrete test modes with engine 
operation stabilized at fixed speeds and torques, with separate 
emission measurements for each mode. Ramped-modal testing consists of a 
continuous time trace that includes a series of stable operating modes 
connected by defined transitions, with a single emission measurement 
for the whole cycle.
    (c) Other subparts in this part identify how to select and prepare 
an engine for testing (subpart E), perform the required engine service 
accumulation (subpart E), and calculate emission results (subpart G).
    (d) Subpart J of this part describes how to perform field testing.


Sec.  1065.510  Engine mapping.

    (a) Scope and frequency. An engine map is a data set that consists 
of a series of paired values for engine speed and maximum brake torque. 
Map your engine while it is connected to a dynamometer. Use the most 
recent engine map to transform a normalized duty cycle from the 
standard-setting part to a reference duty cycle specific to your 
engine. Normalized duty cycles are specified in the standard-setting 
part. Map or re-map an engine before a test if any of the following 
apply:
    (1) You have not performed an initial engine map.
    (2) The barometric pressure near the engine's air inlet is not 
within 5% of the barometric pressure recorded at the time of the last 
engine map.
    (3) The engine or emission-control system has undergone changes 
that might affect maximum torque performance.
    (4) You capture an incomplete map on your first attempt or you do 
not

[[Page 54966]]

complete a map within the specified time tolerance. You may repeat 
mapping as necessary to capture a complete map within the specified 
time.
    (5) You may update an engine map at any time by repeating the 
engine-mapping procedure.
    (b) Mapping variable-speed engines. Map variable-speed engines as 
follows:
    (1) Record the barometric pressure.
    (2) Warm up the engine by operating it at any speed and at 
approximately 75% of the engine's expected maximum power until either 
the engine coolant's temperature or block absolute temperature is 
within 2% of its mean value for at least 2 min or until the 
engine thermostat controls engine temperature.
    (3) Operate the engine at its warm, no-load idle speed.
    (4) Set operator demand to maximum and control engine speed at (95 
1)% of its warm, no-load idle speed for at least 15 s. For 
engines with reference duty cycles whose lowest speed is greater than 
warm, no-load idle speed, you may start the map at (95 1)% 
of the lowest reference speed.
    (5) Perform one of the following:
    (i) For any naturally aspirated engine or for any engine subject 
only to steady-state duty cycles, you may map it at discrete speeds by 
selecting at least 20 evenly spaced setpoints between warm, no-load 
idle and the highest speed above maximum mapped power at which (50 to 
75)% of maximum power occurs. At each setpoint, stabilize speed and 
allow torque to stabilize. Record the average speed and torque at each 
setpoint. We recommend that you stabilize an engine for at least 15 s 
at each setpoint and record the average feedback speed and torque of 
the last (4 to 6) s. Use linear interpolation to determine intermediate 
speed and torque values.
    (ii) For any variable-speed engine, you may map it by using a 
continuous sweep of speed by continuing to record the mean feedback 
speed and torque at 1 Hz or more frequently and increasing speed at a 
constant rate such that it takes (4 to 6) min to sweep from 95% of 
warm, no-load idle to the highest speed above maximum power at which 
(50 to 75)% of maximum power occurs. Stop recording after you complete 
the sweep. From the series of mean speed and maximum torque values, use 
linear interpolation to determine intermediate values. Use this series 
of speed and torque values to generate the power map as described in 
paragraph (e) of this section.
    (c) Negative torque mapping. If your engine is subject to a 
reference duty cycle that specifies negative torque values, generate a 
motoring map by any of the following procedures:
    (1) Multiply the positive torques from your map by -40%. Use linear 
interpolation to determine intermediate values.
    (2) Map the amount of negative torque required to motor the engine 
by repeating paragraph (c) of this section without fuel, or with 
minimum operator demand if operating without fuel would damage the 
engine.
    (3) Determine the amount of negative torque required to motor the 
engine at the following two points: at warm, no-load idle and at the 
highest speed above maximum power at which (50 to 75)% of maximum power 
occurs. Operate the engine without fuel, or with minimum operator 
demand if operating without fuel would damage the engine. Use linear 
interpolation to determine intermediate values.
    (d) Mapping constant-speed engines. For constant-speed engines, 
generate a map as follows:
    (1) Record the barometric pressure.
    (2) Warm up the engine by operating it at any speed and at 
approximately 75% of the engine's expected maximum power until either 
the engine coolant's temperature or block absolute temperature is 
within 2% of its mean value for at least 2 min or until the 
engine thermostat controls engine temperature.
    (3) You may operate the engine with a production constant-speed 
governor or simulate a constant-speed governor by controlling engine 
speed with an operator demand control system described in Sec.  
1065.110. The installed governor may be an isochronous or a speed-droop 
governor.
    (4) With the governor or simulated governor controlling speed via 
operator demand, operate the engine at no-load governed speed (at high 
speed, not low idle) for at least 15 s.
    (5) Record mean feedback speed and torque at 1 Hz or more 
frequently and use the dynamometer to increase torque at a constant 
rate. Unless the standard setting part specifies otherwise, complete 
the map such that it takes (2 to 4) min to sweep from no-load governed 
speed to the lowest speed below maximum mapped power at which the 
engine develops (85-95)% of maximum mapped power. You may map your 
engine to lower speeds. Stop recording after you complete the sweep. 
Use this series of speed and torque values to generate the power map as 
described in paragraph (e) of this section.
    (e) Power mapping. For all engines, create a power-versus-speed map 
by transforming torque and speed values to corresponding power values. 
Use the mean values from the recorded map data. Do not use any 
interpolated values. Multiply each torque by its corresponding speed 
and apply the appropriate conversion factors to arrive at units of 
power (kW).
    (f) Test speed and test torque. Transform your duty cycles using 
maximum test speed for variable-speed engines and maximum test torque 
for constant-speed engines. You may declare maximum test speed before 
mapping as long as it is within (97.5 to 102.5)% of its mapped value. 
You may declare maximum test torque before mapping as long as it is 
within (95 to 100)% of its mapped value. Otherwise, you must use the 
measured value for transforming duty cycles.
    (g) Other mapping procedures. You may use other mapping procedures 
if you believe the procedures specified in this section are unsafe or 
unrepresentative for your engine. Any alternate techniques must satisfy 
the intent of the specified mapping procedures, which is to determine 
the maximum available torque at all engine speeds that occur during a 
duty cycle. Report any deviations from this section's mapping 
procedures.


Sec.  1065.512  Duty cycle generation.

    (a) The standard-setting part defines applicable duty cycles in a 
normalized format. A normalized duty cycle consists of a sequence of 
paired values for speed and torque or for speed and power.
    (b) Transform normalized values of speed, torque, and power using 
the following conventions:
    (1) Engine speed for variable-speed engines. For variable-speed 
engines, normalized speed may be expressed as a percentage between idle 
speed and maximum test speed, fntest, or speed may be 
expressed by referring to a defined speed by name, such as ``warm, no-
load idle,'' ``intermediate speed,'' or ``A,'' ``B,'' or ``C'' speed. 
Section 1065.610 describes how to transform these normalized values 
into a sequence of reference speeds, fnref. Note that the 
cycle validation criteria in Sec.  1065.514 allow an engine to govern 
itself at its in-use idle speed. This allowance permits you to test 
engines with enhanced-idle devices.
    (2) Engine torque for variable-speed engines. For variable-speed 
engines, normalized torque is expressed as a percentage of the mapped 
torque at the corresponding reference speed. Section 1065.610 describes 
how to transform normalized torques into a sequence of reference 
torques, Tref. Section 1065.610 also describes under what 
conditions

[[Page 54967]]

you may command Tref greater than the reference torque you 
calculated from a normalized duty cycle. This provision permits you to 
command Tref values representing curb-idle transmission 
torque (CITT).
    (3) Engine torque speed for constant-speed engines. For constant-
speed engines, normalized torque is expressed as a percentage of 
maximum test torque, Ttest. Section 1065.610 describes how 
to transform normalized torques into a sequence of reference torques, 
Tref. Section 1065.610 also describes under what conditions 
you may command Tref greater than 0 Nm when a normalized 
duty cycle specifies a 0% torque command.
    (4) Engine power. For all engines, normalized power is expressed as 
a percentage of mapped power at maximum test speed, fntest. 
Section 1065.610 describes how to transform these normalized values 
into a sequence of reference powers Pref. You may convert 
these reference powers to reference speeds and torques for operator 
demand and dynamometer control.
    (c) Commands for variable-speed engines. Command reference speeds 
and torques sequentially to perform a duty cycle. Update commands and 
record reference and feedback values at a frequency of at least 5 Hz. 
Use smooth transitions between reference values.
    (d) Commands for constant-speed engines. Use dynamometer controls 
to command reference torques sequentially for performing a duty cycle. 
Operate the engine with a production constant-speed governor or 
simulate a constant-speed governor by controlling engine speed with an 
operator demand control system described in Sec.  1065.110. Update 
commands and record reference and feedback values at a frequency of at 
least 5 Hz. Use smooth transitions between reference values.
    (e) Practice cycles. You may perform practice duty cycles with the 
test engine to optimize operator demand and dynamometer controls to 
meet the cycle validation criteria specified in Sec.  1065.514.


Sec.  1065.514  Cycle validation criteria.

    This section describes how to determine if a test engine's feedback 
speeds and torques adequately matched the reference values in a duty 
cycle. For any data required in this section, use the reference and 
feedback values that you recorded during a test interval.
    (a) Testing performed by EPA. Our tests must meet the 
specifications of paragraph (g) of this section, unless we determine 
that failing to meet the specifications is related to engine 
performance rather than shortcomings of the dynamometer or other 
laboratory equipment.
    (b) Testing performed by manufacturers. Emission tests that meet 
the specifications of paragraph (g) of this section satisfy the 
standard-setting part's requirements for duty cycles. You may ask to 
use a dynamometer or other laboratory equipment that cannot meet those 
specifications. We will approve your request as long as using the 
alternate equipment does not affect your ability to show compliance 
with the applicable emission standards.
    (c) Time-alignment. Because time lag between feedback values and 
the reference values may bias cycle validation results, you may advance 
or delay the entire sequence of feedback engine speed and torque pairs 
to synchronize them with the reference sequence.
    (d) Power. Before omitting any points under paragraph (e) of this 
section, calculate feedback power, Pi and reference power, 
Prefi, and calculate total work, W and reference work, 
Wref, as described in Sec.  1065.650. Omit any points 
recorded during engine cranking. Cranking includes any time when an 
engine starter is engaged and any time when the engine is motored with 
a dynamometer for the sole purpose of starting the engine. See Sec.  
1065.525(a) and (b) for more information about engine cranking.
    (e) Omitting additional points. In addition to omitting points 
recorded during cranking, according to paragraph (d) of this section, 
you may also omit certain points from duty cycle regression statistics, 
which are also summarized in Table 1 of this section, as follows:
    (1) When operator demand is at its minimum you may omit the 
following points:
    (i) Power and torque, if the reference torque is negative (i.e., 
engine motoring).
    (ii) Power and speed, if the reference speed corresponds to an idle 
command (0%), the reference torque corresponds to a minimum command 
(0%), and the absolute value of the feedback torque is less than the 
corresponding reference torque plus 2% of the maximum mapped torque.
    (iii) Two out of three of power, torque, and speed if either 
feedback speed or feedback torque is greater its reference command. You 
may not omit a point from regression statistics if both feedback speed 
and torque are greater than their reference commands.
    (2) When operator demand is at its maximum, you may omit two out of 
three of power, torque, and speed if either feedback speed or feedback 
torque is less than its reference command. You may not omit a point 
from regression statistics if both feedback speed and torque are less 
than their reference commands.

  Table 1 of Sec.   1065.514.--Summary of Point Omission Criteria From
                    Duty-Cycle Regression Statistics
------------------------------------------------------------------------
 When operator demand is at
          its . . .            you may omit . . .         if . . .
------------------------------------------------------------------------
minimum.....................  power and torque....  Tref < 0.
minimum.....................  power and speed.....  fnref = idle (0%)
                                                     and Tref = minimum
                                                     (0%) and T < Tref
                                                      2%
                                                     Tmax mapped.
minimum.....................  2 out of 3 of power,  fn > fnref or T >
                               torque, and speed.    Tref but not if fn
                                                     > fnref and T >
                                                     Tref.
maximum.....................  2 out of 3 of power,  fn < fnref or T <
                               torque, and speed.    Tref but not if fn
                                                     < fnef and T <
                                                     Tref.
------------------------------------------------------------------------

    (f) Use the remaining points to calculate regression statistics 
described in Sec.  1065.602, as follows:
    (1) Slopes for feedback speed, a1fn, feedback torque, 
a1T, and feedback power a1P.
    (2) Intercepts for feedback speed, a0fn, feedback 
torque, a0T, and feedback power a0P.
    (3) Standard estimates of error for feedback speed, 
SEfn, feedback torque, SET, and feedback power 
SEP.
    (4) Coefficients of determination for feedback speed, 
r2fn, feedback torque, r2T, and 
feedback power r2P.
    (g) Cycle statistics. Unless the standard-setting part specifies 
otherwise, use the following criteria to validate a duty cycle:

[[Page 54968]]

    (1) For variable-speed engines only, feedback total work must be at 
or below 105% of reference total work.
    (2) For variable-speed engines only, apply all the statistical 
criteria in Table 2 of this section.
    (3) For constant-speed engines, apply the statistical criteria only 
for torque in the Table 2 of this section.

              Table 2 of Sec.   1065.514>.--Default Statistical Criteria for Validating Duty Cycles
----------------------------------------------------------------------------------------------------------------
              Parameter                         Speed                    Torque                   Power
----------------------------------------------------------------------------------------------------------------
Slope, a1............................  0.950 <= a1 <= 1.030...  0.830 <= a1 <= 1.030...  0.830 <= a1 <= 1.030
Absolute value of intercept, <=a0<=..  <= 10% of warm idle....  <= 2% of maximum mapped  <= 2% of maximum mapped
                                                                 torque.                  power.
Standard error of estimate, SE.......  <= 5% of maximum test    <= 10% of maximum        <= 10% of maximum
                                        speed.                   mapped torque.           mapped power.
Coefficient of determination, r2.....  >= 0.970...............  >= 0.850...............  >= 0.910.
----------------------------------------------------------------------------------------------------------------

Sec.  1065.520  Pre-test verification procedures and pre-test data 
collection.

    (a) If your engine must comply with a PM standard, follow the 
procedures for PM sample preconditioning and tare weighing in Sec.  
1065.590.
    (b) Unless the standard-setting part specifies different values, 
verify that ambient conditions before the test are within the following 
tolerances:
    (1) Ambient temperature of (20 to 30) [deg]C.
    (2) Barometric pressure of (80.000 to 103.325) kPa and within 
5% of the value recorded at the time of the last engine 
map.
    (3) Dilution air as specified in Sec.  1065.140(b).
    (c) You may test engines at any humidity.
    (d) You may perform a final calibration of the speed, torque, and 
proportional-flow control systems, which may include performing 
practice duty cycles.
    (e) You may perform the following recommended procedure to 
precondition sampling systems:
    (1) Start the engine and use good engineering judgment to bring it 
to 100% torque above its peak-torque speed.
    (2) Operate any dilution systems at their expected flow rates. 
Prevent aqueous condensation in the dilution systems.
    (3) Operate any PM sampling systems at their expected flow rates.
    (4) Sample PM for at least 10 min using any sample media. You may 
change sample media during preconditioning. You may discard 
preconditioning samples without weighing them.
    (5) You may purge any gaseous sampling systems during 
preconditioning.
    (6) You may conduct calibrations or performance checks on any idle 
equipment or analyzers during preconditioning.
    (7) Proceed with the test sequence described in Sec.  
1065.530(a)(1).
    (f) HC contamination check. After the last practice or 
preconditioning cycle before an emission test, check for contamination 
in the HC sampling system as follows:
    (1) Select the HC analyzer range for measuring the flow-weighted 
average concentration expected at the HC standard.
    (2) Zero the HC analyzer using zero air introduced at the analyzer 
port.
    (3) Span the HC analyzer using span gas introduced at the analyzer 
port. Span on a carbon number basis of one (1), C1. For 
example, if you use a C3H8 span gas of 
concentration 200 [mu]mol/mol, span the FID to respond with a value of 
600 [mu]mol/mol.
    (4) Overflow zero air at the HC probe or into a fitting between the 
HC probe and the transfer line.
    (5) Measure the HC concentration in the sampling system, as 
follows:
    (i) For continuous sampling, record the mean HC concentration as 
overflow zero air flows.
    (ii) For batch sampling, fill the sample medium and record its mean 
HC concentration.
    (6) Record this value as the initial HC concentration, 
xHCinit, and use it to correct measured values as described 
in Sec.  1065.660.
    (7) If xHCinit exceeds the greatest of the following 
values, determine the source of the contamination and take corrective 
action, such as purging the system or replacing contaminated portions:
    (i) 2% of the flow-weighted average concentration expected at the 
standard or measured during testing, whichever is greater.
    (ii) 2 [mu]mol/mol.
    (8) If corrective action does not resolve the deficiency, you may 
request to use the contaminated system as an alternate procedure under 
Sec.  1065.10.


Sec.  1065.525  Engine starting, restarting, and shutdown.

    (a) Start the engine using one of the following methods:
    (1) Start the engine as recommended in the owners manual using a 
production starter motor and a fully charged battery or a power supply.
    (2) Use the dynamometer to start the engine. To do this, motor the 
engine within  25% of its typical in-use cranking speed. 
Accelerate the engine to cranking speed within  25% of the 
time it would take with an in-use engine. Stop cranking within 1 s of 
starting the engine.
    (b) If the engine does not start after 15 s of cranking, stop 
cranking and determine why the engine failed to start, unless the 
owners manual or the service-repair manual describes the longer 
cranking time as normal.
    (c) Respond to engine stalling with the following steps:
    (1) If the engine stalls during warm-up before emission sampling 
begins, restart the engine and continue warm-up.
    (2) If the engine stalls during preconditioning before emission 
sampling begins, restart the engine and restart the preconditioning 
sequence.
    (3) If the engine stalls at any other time after emission sampling 
begins, the test is void.
    (d) Shut down the engine according to the manufacturer's 
specifications.


Sec.  1065.530  Emission test sequence.

    (a) Time the start of testing as follows:
    (1) Perform one of the following if you precondition sampling 
systems as described in Sec.  1065.520(d):
    (i) For cold-start duty cycles, shut down the engine. Unless the 
standard-setting part specifies otherwise, you may use forced cooling 
to stabilize the temperature of the engine and any aftertreatment 
systems. You may start a cold-start duty cycle when the temperatures of 
an engine's lubricant, coolant, and aftertreatment systems are between 
(20 and 30) [deg]C.
    (ii) For hot-start emission measurements, shut down the engine. 
Start a hot-start duty cycle within 20 min of engine shutdown.
    (iii) For testing that involves hot-stabilized emission 
measurements, such as steady-state testing, you may continue to operate 
the engine at fntestand 100% torque if that is the first operating 
point. Otherwise, operate the

[[Page 54969]]

engine at warm, no-load idle or the first operating point of the duty 
cycle. In any case, start the duty cycle within 10 min after you 
complete the preconditioning procedure.
    (2) For all other testing, perform one of the following:
    (i) For cold-start duty cycles, start the engine and the duty cycle 
when the temperatures of an engine's lubricant, coolant, and 
aftertreatment systems are between (20 and 30) [deg]C. Unless the 
standard-setting part specifies otherwise, you may use forced cooling 
to stabilize the temperature of the engine and any aftertreatment 
system.
    (ii) For hot-start emission measurements, first operate the engine 
at any speed above peak-torque speed and at (65 to 85)% of maximum 
mapped power until either the engine coolant temperature or block 
absolute temperature is within 2% of its mean value for at least 2 min 
or until the engine thermostat controls engine temperature. Shut down 
the engine. Start the duty cycle within 20 min of engine shutdown.
    (iii) For testing that involves hot-stabilized emission 
measurements, bring the engine either to warm, no-load idle or the 
first operating point of the duty cycle. Start the test within 10 min 
of achieving temperature stability. You may determine temperature 
stability either as the point at which the engine coolant temperature 
or the block absolute temperature is within 2% of its mean value for at 
least 2 min, or the point at which the engine thermostat controls 
engine temperature.
    (b) Take the following steps before emission sampling begins:
    (1) For batch sampling, connect clean storage media, such as 
evacuated bags or tare-weighed filters.
    (2) Start all measurement instruments according to the instrument 
manufacturer's instructions.
    (3) Start dilution systems, sample pumps, cooling fans, and the 
data-collection system.
    (4) Preheat any heat exchangers in the sampling system.
    (5) Allow heated components such as sample lines, filters, and 
pumps to stabilize at operating temperature.
    (6) Perform vacuum-side leak checks as specified in Sec.  1065.345.
    (7) Using bypass, adjust the sample flow rates to desired levels.
    (8) Zero any integrating devices.
    (9) Zero and span all constituent analyzers using NIST-traceable 
gases that meet the specifications of Sec.  1065.750. Span flame 
ionization detector analyzers on a carbon number basis of one (1), 
C1. For example, if you use a C3H8 
span gas of concentration 200 [mu]mol/mol, span the FID to respond with 
a value of 600 [mu]mol/mol.
    (10) If you correct for dilution air background concentrations of 
engine exhaust constituents, start measuring and recording background 
constituent concentrations.
    (c) Start testing as follows:
    (1) If an engine is already running and warmed up, and starting is 
not part of the duty cycle, simultaneously start running the duty 
cycle, sampling exhaust gases, recording data, and integrating measured 
values.
    (2) If engine starting is part of the duty cycle, initiate data 
logging, sampling of exhaust gases, and integrating measured values 
before attempting to start the engine. Initiate the duty cycle when the 
engine starts.
    (d) Before the end of the test interval, continue to operate all 
sampling and dilution systems to allow the sampling system's response 
time to elapse. Then stop all sampling and recording, including the 
recording of background samples. Finally, stop any integrating devices 
and indicate the end of the duty cycle on the data-collection medium.
    (e) Shut down the engine if you have completed testing or if it is 
part of the duty cycle.
    (f) If testing involves another duty cycle after a soak period with 
the engine off, start a timer when the engine shuts down, and repeat 
the steps in paragraphs (b) through (e) of this section as needed.
    (g) Take the following steps after emission sampling is complete:
    (1) Place any used PM samples into covered or sealed containers and 
return them to the PM-stabilization environment. Follow the PM sample 
post-conditioning and total weighing procedures in Sec.  1065.595.
    (2) As soon as practical after the duty cycle is complete, analyze 
any gaseous batch samples, including background samples.
    (3) After quantifying exhaust gases, check drift as follows:
    (i) Record the mean analyzer value after stabilizing a zero gas to 
the analyzer. Stabilization may include time to purge the analyzer of 
any sample gas, plus any additional time to account for analyzer 
response.
    (ii) Record the mean analyzer value after stabilizing the span gas 
to the analyzer. Stabilization may include time to purge the analyzer 
of any sample gas, plus any additional time to account for analyzer 
response.
    (iii) Use these data to validate and correct for drift as described 
in Sec.  1065.657.
    (h) Determine if the test meets the validation criteria in Sec.  
1065.514.


Sec.  1065.545  Validation of proportional flow control for batch 
sampling.

    For any proportional batch sample such as a bag sample or PM filter 
sample, demonstrate that proportional sampling was maintained using one 
of the following:
    (a) Record the sample flow rate and the total flow rate at 1 Hz or 
more frequently. Use this data with the statistical calculations in 
Sec.  1065.602 to determine the standard error of the estimate, SE, of 
the sample flow rate versus the total flow rate. For each test 
interval, demonstrate that SE was less than or equal to 3.5% of the 
mean sample flow rate. You may omit up to 5% of the data points as 
outliers to improve SE.
    (b) Record the sample flow rate and the total flow rate at 1 Hz or 
more frequently. For each test interval, demonstrate that each flow 
rate was constant within 2.5% of its respective mean or 
target flow rate.
    (c) For critical-flow venturis, record venturi-inlet conditions at 
1 Hz or more frequently. Demonstrate that the density at the venturi 
inlet was constant within 2.5% of the mean or target 
density over each test interval. For a CVS critical-flow venturi, you 
may demonstrate this by showing that the absolute temperature at the 
venturi inlet was constant within 4% of the mean or target 
temperature over each test interval.
    (d) For positive-displacement pumps, record pump-inlet conditions 
at 1 Hz or more frequently. Demonstrate that the density at the pump 
inlet was constant within 2.5% of the mean or target 
density over each test interval. For a CVS pump, you may demonstrate 
this by showing that the absolute temperature at the pump inlet was 
constant within 2% of the mean or target temperature over 
each test interval.
    (e) Using good engineering judgment, demonstrate using an 
engineering analysis that the proportional-flow control system 
inherently ensures proportional sampling under all circumstances 
expected during testing. For example, you use CFVs for sample flow and 
total flow and their inlet pressures and temperatures are always the 
same as each others, and they always operate under critical-flow 
conditions.


Sec.  1065.550  Constituent analyzer range validation, drift 
validation, and drift correction.

    (a) Check the results of all analyzers that do not have auto-
ranging capability to determine if any results show that an analyzer 
operated above 100% of its

[[Page 54970]]

range. If an analyzer operated above 100% of its range at any time 
during the test, perform the following steps:
    (1) For batch sampling, re-analyze the sample using the nearest 
analyzer range that results in a maximum instrument response below 
100%. Report the result from the lowest range from which the analyzer 
operates below 100% of its range for the entire test. Report all 
results.
    (2) For continuous sampling, repeat the entire test using the next 
higher analyzer range. If the analyzer again operates above 100% of its 
range, repeat the test using the next higher range. Continue to repeat 
the test until the analyzer operates at less than 100 % of its range 
for the entire test. Report all results.
    (b) Calculate and correct for drift as described in Sec.  1065.657. 
Drift invalidates a test if the drift correction exceeds 4% 
of the flow-weighted average concentration expected at the standard or 
measured during a test interval, whichever is greater.


Sec.  1065.590  PM sample preconditioning and tare weighing.

    Before an emission test, take the following steps to prepare PM 
samples and equipment for PM measurements:
    (a) Make sure the balance and PM-stabilization environments meet 
the periodic performance checks in Sec.  1065.390.
    (b) Visually inspect unused sample media (such as filters) for 
defects.
    (c) To handle PM samples, use electrically grounded tweezers or a 
grounding strap, as described in Sec.  1065.190.
    (d) Place unused sample media in one or more containers that are 
open to the PM-stabilization environment. If you are using filters, you 
may place them in the bottom half of a filter cassette.
    (e) Stabilize sample media in the PM-stabilization environment. 
Consider a sample medium stabilized as long as it has been in the PM-
stabilization environment for a minimum of 30 min, during which the PM-
stabilization environment has been within the specifications of Sec.  
1065.190.
    (f) Weigh the sample media automatically or manually, as follows:
    (1) For automatic weighing, follow the automation system 
manufacturer's instructions to prepare samples for weighing. This may 
include placing the samples in a special container.
    (2) For manual weighing, use good engineering judgment to determine 
if substitution weighing is necessary to show that an engine meets the 
applicable standard. You may follow the substitution weighing procedure 
in paragraph (i) of this section, or you may develop your own 
procedure.
    (g) Correct the measured weight for buoyancy as described in Sec.  
1065.690. These buoyancy-corrected values are the tare masses of the PM 
samples.
    (h) You may repeat measurements to determine mean masses. Use good 
engineering judgment to exclude outliers and calculate mean mass 
values.
    (i) Substitution weighing involves measurement of a reference 
weight before and after each weighing of a PM sample. While 
substitution weighing requires more measurements, it corrects for a 
balance's zero-drift and it relies on balance linearity only over a 
small range. This is advantageous when quantifying net PM masses that 
are less than 0.1% of the sample medium's mass. However, it may not be 
advantageous when net PM masses exceed 1% of the sample medium's mass. 
The following steps are an example of substitution weighing:
    (1) Use electrically grounded tweezers or a grounding strap, as 
described in Sec.  1065.190.
    (2) Use a static neutralizer as described in Sec.  1065.190 to 
minimize static electric charge on any object before it is placed on 
the balance pan.
    (3) Place on the balance pan a calibration weight that has a 
similar mass to that of the sample medium and meets the specifications 
for calibration weights in Sec.  1065.790. If you use filters, this 
mass should be about (80 to 100) mg for typical 47 mm diameter filters.
    (4) Record the stable balance reading, then remove the calibration 
weight.
    (5) Weigh an unused sample, record the stable balance reading and 
record the balance environment's dewpoint, ambient temperature, and 
barometric pressure.
    (6) Reweigh the calibration weight and record the stable balance 
reading.
    (7) Calculate the arithmetic mean of the two calibration-weight 
readings recorded immediately before and after weighing the unused 
sample. Subtract that mean value from the unused sample reading, then 
add the true mass of the calibration weight as stated on the 
calibration-weight certificate. Record this result.
    (8) Repeat the steps in paragraphs (i)(1) through (7) of this 
section for additional unused sample media.
    (j) If you use filters as sample media, load unused filters that 
have been tare-weighed into filter cassettes and place the loaded 
cassettes in a covered or sealed container before taking them to the 
test cell for sampling. We recommend that you keep filter cassettes 
clean by periodically washing or wiping them with a compatible solvent. 
Depending upon your cassette material, ethanol might be an acceptable 
solvent.


Sec.  1065.595  PM sample post-conditioning and total weighing.

    (a) Make sure the balance and PM-stabilization environments meet 
the periodic performance checks in Sec.  1065.390.
    (b) In the PM-stabilization environment, remove PM samples from 
sealed containers. If you use filters, you may remove them from their 
cassettes before or after stabilization. When you remove a filter from 
a cassette, separate the top half of the cassette from the bottom half 
using a cassette separator designed for this purpose.
    (c) To handle PM samples, use electrically grounded tweezers or a 
grounding strap, as described in Sec.  1065.190.
    (d) Visually inspect PM samples. If PM ever contacts the transport 
container, cassette assembly, filter-separator tool, tweezers, static 
neutralizer, balance, or any other surface, void the measurements 
associated with that sample and clean the surface it contacted.
    (e) To stabilize PM samples, place them in one or more containers 
that are open to the PM-stabilization environment, which is described 
in Sec.  1065.190. Consider a sample stabilized as long as it has been 
in the PM-stabilization environment for a minimum of 30 min, during 
which the PM-stabilization environment has been within the 
specifications of Sec.  1065.190. Alternatively, for engines subject to 
PM standards above 0.05 g/kW-hr, you may consider a sample medium 
stabilized after 60 min.
    (f) Repeat the procedures in Sec.  1065.590(f) through (h) to weigh 
used PM samples, but refer to a sample's post-test mass after 
correcting for buoyancy as its total mass.
    (g) Subtract each buoyancy-corrected tare mass from its respective 
buoyancy-corrected total mass. The result is the net PM mass, 
mPM. Use mPM in emission calculations in Sec.  
1065.650.

Subpart G--Calculations and Data Requirements


Sec.  1065.601  Overview.

    (a) This subpart describes how to use the signals recorded before, 
during, and after an emission test to calculate brake-specific 
emissions of each regulated constituent.
    (b) You may use data from multiple systems to calculate test 
results, consistent with good engineering

[[Page 54971]]

judgment. We allow weighted averages where appropriate. You may discard 
statistical outliers, but you must report all results.
    (c) Calculations for some calibrations and performance checks are 
in this subpart.
    (d) Statistical values are defined in this subpart.


Sec.  1065.602  Statistics.

    (a) This section contains equations and example calculations for 
statistics that are specified in this part. In this section we use the 
letter ``y'' to denote a generic measured quantity, the superscript 
over-bar ``-'' to denote an arithmetic mean, and the 
subscript ``ref'' to denote the reference quantity being 
measured.
    (b) Arithmetic mean. Calculate an arithmetic mean, y as follows,
    [GRAPHIC] [TIFF OMITTED] TP10SE04.009
    
Example:

[Ngr] = 3
[gamma]1 = 10.60
[gamma]2 = 11.91
[gamma][Ngr] = [gamma]3 = 11.20
[GRAPHIC] [TIFF OMITTED] TP10SE04.010

[GRAPHIC] [TIFF OMITTED] TP10SE04.011

    (c) Standard deviation. Calculate a non-biased (e.g., N-1) sample 
standard deviation, [sigma], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.012

Example:

[Ngr]=3
[gamma]1=10.60
[gamma]2=11.91
[gamma][Ngr]=[gamma]3=11.09
[gamma]=11.20
[GRAPHIC] [TIFF OMITTED] TP10SE04.013

[GRAPHIC] [TIFF OMITTED] TP10SE04.014

    (d) Root mean square. Calculate a root mean square, 
rms[gamma], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.015

Example:

[Ngr]=3
[gamma]1=10.60
[gamma]2=11.91
[gamma][Ngr]=[gamma]3=11.09
[GRAPHIC] [TIFF OMITTED] TP10SE04.016

[GRAPHIC] [TIFF OMITTED] TP10SE04.017

    (e) Accuracy. Calculate an accuracy, as follows, noting that the 
[gamma]i are arithmetic means, each determined by repeatedly 
measuring one sample of a single reference quantity, 
[gamma]ref.
accuracy = [bond][gamma]ref - [gamma][bond]
Example:

[gamma]ref = 1800.0
([Ngr] = 10)
[GRAPHIC] [TIFF OMITTED] TP10SE04.018

accuracy = [bond]1800.0 - 1802.5[bond]
accuracy = 2.5

    (f) t-test. Determine if your data passes a t-test by using the 
following equations and tables:
    (1) For an unpaired t-test calculate the t statistic and its number 
of degrees of freedom, [ngr], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.019

Example:

[gamma]ref=1205.3
[gamma]=1123.8
[sigma]ref=9.399
[sigma][gamma]=10.583
[Ngr]ref=11
[Ngr]=7
[GRAPHIC] [TIFF OMITTED] TP10SE04.020

[GRAPHIC] [TIFF OMITTED] TP10SE04.021

[GRAPHIC] [TIFF OMITTED] TP10SE04.022

Example:

[sigma]ref=9.399
[Ngr]ref=11
[sigma][gamma]=10.583
[Ngr]=7
[GRAPHIC] [TIFF OMITTED] TP10SE04.023

[GRAPHIC] [TIFF OMITTED] TP10SE04.024

    (2) For a paired t-test calculate the t statistic and its number of 
degrees of freedom, [ngr], as follows, noting that the 
[egr]i are the errors (e.g., differences) between each pair 
of yrefi and yi:
[GRAPHIC] [TIFF OMITTED] TP10SE04.025

Example:

[egr]=0.12580
N=16
[sigma][egr]=0.04837
[GRAPHIC] [TIFF OMITTED] TP10SE04.026

[GRAPHIC] [TIFF OMITTED] TP10SE04.027

[GRAPHIC] [TIFF OMITTED] TP10SE04.028

[ngr] = N - 1

Example:

[Ngr] = 16
[ngr] = [Ngr] - 1
[ngr] = 15


[[Page 54972]]


    (3) Use Table 1 of this section to compare t to the 
tcrit values tabulated versus the number of degrees of 
freedom. If t is less than tcrit, then t passes the t-test.

Table 1 of Sec.   1065.602-Critical t Values Versus Number of Degrees of
                               Freedom, v
------------------------------------------------------------------------
                             tcrit versus v
-------------------------------------------------------------------------
                                                       Confidence
------------------------------------------------------------------------
                       v                            90%          95%
------------------------------------------------------------------------
1.............................................        6.314       12.706
2.............................................        2.920        4.303
3.............................................        2.353        3.182
4.............................................        2.132        2.776
5.............................................        2.015        2.571
6.............................................        1.943        2.447
7.............................................        1.895        2.365
8.............................................        1.860        2.306
9.............................................        1.833        2.262
10............................................        1.812        2.228
11............................................        1.796        2.201
12............................................        1.782        2.179
13............................................        1.771        2.160
14............................................        1.761        2.145
15............................................        1.753        2.131
16............................................        1.746        2.120
18............................................        1.734        2.101
20............................................        1.725        2.086
22............................................        1.717        2.074
24............................................        1.711        2.064
26............................................        1.706        2.056
28............................................        1.701        2.048
30............................................        1.697        2.042
35............................................        1.69         2.03
40............................................        1.684        2.021
50............................................        1.676        2.009
70............................................        1.667        1.994
100...........................................        1.66         1.984
INF...........................................        1.645        1.96
------------------------------------------------------------------------

    (g) F-test. Calculate the F statistic as follows:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.029
    
Example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.030

[GRAPHIC] [TIFF OMITTED] TP10SE04.031

[GRAPHIC] [TIFF OMITTED] TP10SE04.032

[GRAPHIC] [TIFF OMITTED] TP10SE04.033

    (1) For a 90% confidence F-test, use Table 2 of this section to 
compare F to the Fcrit90 values tabulated versus N minus one 
(N-1) and Nref minus one (Nref-1). If F is less 
than Fcrit90, then F passes the F-test at 90% confidence.
    (2) For a 95% confidence F-test, use Table 3 of this section to 
compare F to the Fcrit95 values tabulated versus N minus one 
(N-1) and Nref minus one (Nref-1). If F is less 
than Fcrit95, then F passes the F-test at 95% confidence.
BILLING CODE 6560-50-P

[[Page 54973]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.034


[[Page 54974]]


[GRAPHIC] [TIFF OMITTED] TP10SE04.035


[[Page 54975]]


BILLING CODE 6560-50-C
    (h) Slope. Calculate a least-squares regression slope, as follows:

    [GRAPHIC] [TIFF OMITTED] TP10SE04.036
    
Example:

N = 6000
y 1 = 2045.8
y ref 1 = 2045.0
y = 1050.1
y ref = 1055.3
[GRAPHIC] [TIFF OMITTED] TP10SE04.037

[GRAPHIC] [TIFF OMITTED] TP10SE04.038

    (i) Intercept. Calculate a least-squares regression intercept, 
a[Ogr]y as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.039

Example:

y = 1050.1
a1y = 1.0110
yref = 1055.3
a[Ogr]y = 1050.1-(1.0110[middot]1055.3)
a[Ogr]y = -16.8083
    (j) Standard estimate of error. Calculate a standard estimate of 
error, SE, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.040

Example:

N = 6000
y1 = 2045.8
aoy = 16.8083
a1y = 1.0110
yref 1 = 2045.0
[GRAPHIC] [TIFF OMITTED] TP10SE04.041

[GRAPHIC] [TIFF OMITTED] TP10SE04.042

    (k) Coefficient of determination. Calculate a coefficient of 
determination, r2, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.043

Example:

N = 6000
y1 = 2045.8
aoy = 16.8083
a1y = 1.0110
yref 1 = 2045.0
y = 1480.5
[GRAPHIC] [TIFF OMITTED] TP10SE04.044

[GRAPHIC] [TIFF OMITTED] TP10SE04.045

    (1) Flow weighted average concentration. A flow-weighted average 
means the average of a quantity after it is weighted proportional to a 
corresponding flow rate. For example, if a gas concentration is 
measured continuously from the raw exhaust of an engine, its flow-
weighted average concentration is the sum of the products of each 
recorded concentration times its respective exhaust flow rate, divided 
by the number of recorded values. As another example, the bag 
concentration from a CVS system is the same as the flow-weighted 
average concentration because the CVS system itself flow-weights the 
bag concentration. You might already expect a certain flow weighted 
average concentration of an emission at its standard based on previous 
testing with similar engines or testing with similar equipment and 
instruments. If you need to estimate your expected flow weighted 
average concentration of an emission at its standard, we recommend 
using the following examples as a guide for how to estimate the flow 
weighted average concentration expected at a standard. Note that these 
examples are not exact and that they contain assumptions that are not 
always valid. Use good engineering judgement to determine if you can 
use similar assumptions.
    (1) To estimate the flow weighted average raw exhaust 
NOX concentration from a turbo-charged heavy-duty 
compression-ignition engine at a NOX standard of 2.5 g/kWhr, 
you may do the following:
    (i) Based on your engine design, approximate a maximum torque 
versus speed map and use it with the applicable normalized duty cycle 
in the standard-setting part to generate a reference duty cycle as 
described in Sec.  1065.610. Calculate the total reference work, 
Wref, as described in Sec.  1065.650. Divide the reference 
work by the duty cycle's time interval, [Delta]tduty cycle 
to determine average reference power, Pref.
    (ii) Based on your engine design, estimate maximum power, 
Pmax, the design speed at maximum power, fnmax, 
and the design maximum intake manifold boost pressure, 
Pinmax and temperature Tinmax. Also estimate an 
average fraction of power that is lost due to friction and pumping, 
Pfrict. Use this information along with the engine 
displacement volume, Vdisp, an

[[Page 54976]]

approximate volumetric efficiency, [eta]V, and the number of engine 
power strokes per cycle (e.g., 2-stroke or 4-stroke) to estimate the 
maximum raw exhaust flow rate, nexhmax.
    (iii) Use your estimated values as described in the following 
example calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.046

    Example:

    eNOx=2.5 g/(kW[middot]hr)
    Wref=11.883 kW[middot]hr
    [Delta]tduty cycle=20 min
    MNOx=46.0055 g/mol
    Pref=35.65 kW
    Pmax=125 kW
    Pfrict=15%
    [eta]v=0.9
    pmax=300 kPa
    Vdisp=3.0 l
    fnmax=2800 rev/min
    Nstroke=4 1/rev
    R=8.314472 J/(mol[middot]K)
    Tmax=348.15 K
    Cp=1000 Pa/kPa
    Cv=1000 l/m3
    Ct=60 s/min
    Cmol=1000000 [mu]mol/mol
    [GRAPHIC] [TIFF OMITTED] TP10SE04.047
    
    [GRAPHIC] [TIFF OMITTED] TP10SE04.048
    
    (2) To estimate the flow weighted average NMHC concentration in a 
CVS from a naturally aspirated nonroad spark-ignition engine at an NMHC 
standard of 0.5 g/kW[middot]hr, you may do the following:
    (i) Based on your engine design, approximate a maximum torque 
versus speed map and use it with the applicable normalized duty cycle 
in the standard-setting part to generate a reference duty cycle as 
described in Sec.  1065.610. Calculate the total reference work, 
Wref, as described in Sec.  1065.650.
    (ii) Multiply your CVS total flow rate by the time interval of the 
duty cycle, [Delta]tduty cycle. The result is the total 
diluted exhaust flow of the ndexh.
    (iii) Use your estimated values as described in the following 
example calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.049

    Example:

    eNMHC=1.5 g/(kW[middot]hr)
    Wref=5.389 kW[middot]hr
    MNMHC=13.875389 g/mol


dexh=6.021 mol/s
    [Delta]tduty cycle=30 min
    Ct=60 s/min
    Cmol=1000000 [mu]mol/mol
    [GRAPHIC] [TIFF OMITTED] TP10SE04.050
    
    [GRAPHIC] [TIFF OMITTED] TP10SE04.051
    
Sec.  1065.605  Field test system overall performance check.

    (a) This section contains equations and example calculations for 
statistics that are specified in Sec.  1065.920 for field-testing 
systems. In this section we use the letter ``e'' to denote the brake-
specific emissions of a test interval, the superscript over-bar 
``-'' to denote an arithmetic mean, the subscript 
``lab'' to denote a laboratory result, and the subscript 
``field'' to denote a field-testing result.
    (b) Assume that the brake-specific data in the following table was 
collected by performing the overall field test system check as 
described in Sec.  1065.920.
BILLING CODE 6560-50-P

[[Page 54977]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.181

BILLING CODE 6560-50-C
    (c) For example, calculate for the first test interval 
efield 1, elab 1, and [Delta]e1 / 
elab std , and as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.052

[GRAPHIC] [TIFF OMITTED] TP10SE04.053

[GRAPHIC] [TIFF OMITTED] TP10SE04.054

[GRAPHIC] [TIFF OMITTED] TP10SE04.055

similarly,

[GRAPHIC] [TIFF OMITTED] TP10SE04.056

[GRAPHIC] [TIFF OMITTED] TP10SE04.057

[Delta]e1 / elab std = (efield 1 - 
elab 1) / elab std
elab std = 2.50 g / kW[middot]hr
[Delta]e1 / elab std = (2.17 - 2.07) / 2.50
[Delta]e1 / elab std = 4.0%

    (d) For example, calculate for the second test interval 
UCLfield 2, UCLlab 2, 
[Delta]UCL 2 as follows:

UCLfield 2 = e< field 2 + 
2[sigma]e field 2
see 1065.602(c) for [sigma]e field 2
For UCL, recalculate e< field 2 and [sigma] 
e field 2
after applying measurement allowance.

Example:

measurement allowance = 0.95
UCLfield 2 = 3.258 + 20.278

[[Page 54978]]

UCLfield 2 = 3.81 g / kWhr

similarly,

UCLlab 2 = 3.500 + 20.216
UCLlab 2 = 3.93 g / kWhr

[Delta]UCL2 = UCLfield 2-UCLlab 2
[Delta]UCL2 = 3.81 -3.93
[Delta]UCL2 = -0.12 g / kWhr


Sec.  1065.610  Test cycle generation.

    (a) Maximum test speed, fntest and maximum test torque 
Ttest. For all engines, calculate test speed from the power 
versus speed map generated as per Sec.  1065.510.
    (1) Based on the power versus speed map, determine the maximum 
power and the speed at which maximum power occurred. Divide each 
recorded power by the maximum power and divide each recorded speed by 
the speed at which maximum power occurred. The resulting data set is a 
normalized data set of power versus speed. Use this data set to 
determine test speed. Test speed is the speed at which the normalized 
data set returns a maximum value of the sum of the squares of 
normalized speed and normalized power.
    (2) For example:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.058
    
Example:

fn@Pmax = 2355 rev/min
fnnorm1 = 1.002, Pnorm1 = 0.978
fnnorm2 = 1.004, Pnorm2 = 0.977
fnnorm3 = 1.006, Pnorm3 = 0.974
[GRAPHIC] [TIFF OMITTED] TP10SE04.059

max = 1.963 @ i = 2
fntest = 2355[1.004] = 2364 rev/min

    (3) For variable-speed engines, use this measured test speed--or 
your declared test speed as described in Sec.  1065.510--to transform 
normalized speeds to reference speeds as described in paragraph (b) of 
this section.
    (4) For constant-speed engines, use the torque corresponding to 
this measured test speed as measured test torque--or your declared test 
torque as described in Sec.  1065.510--to transform normalized torques 
to reference torques as described in paragraph (c) of this section.
    (b) Speed. Transform normalized speed values to reference values as 
follows:
    (1) % speed. If your normalized duty cycle specifies % speed 
values, use your declared warm no-load idle speed and your test speed 
to transform the duty cycle, as follows:

fnref = % speed(fntest -fnidle) + 
fnidle

Example:

% speed = 85%
fntest = 2364 rev/min
fnidle = 650 rev/min
fnref = 85%(2364 -650) + 650
fnref = 2107 rev/min

    (2) A, B, and C speeds. If your normalizsed duty cycle specifies 
speed values as A, B, or C values, use your power versus speed curve to 
determine the lowest speed below maximum power at which 50% of maximum 
power occurs. Denote this value as nlo. Also determine the 
highest speed above maximum power at which 70% of maximum power occurs. 
Denote this value as nhi. Use nhi and 
nlo to calculate reference values for A, B, or C speeds as 
follows:

fnrefA = 0.25(nhi -nlo) + 
nlo
fnrefB = 0.50(nhi -nlo) + 
nlo
fnrefC = 0.75(nhi -nlo) + 
nlo

Example:

nlo = 1005 rev/min
nlo = 2385 rev/min

fnrefA = 0.25(2385 -1005) + 1005
fnrefB = 0.50(2385 -1005) + 1005
fnrefC = 0.75(2385 -1005) + 1005

fnrefA = 1350 rev/min
fnrefB = 1695 rev/min
fnrefC = 2040 rev/min

    (3) Intermediate speed. If your normalized duty cycle specifies a 
speed as ``intermediate speed'', use your torque versus speed curve to 
determine the speed at which maximum torque occurs.
    (i) Determine the speed at which peak torque occurs. This is peak 
torque speed.
    (ii) If peak torque speed is between (60 to 75) % of test speed, 
then your reference intermediate speed is peak torque speed.
    (iii) If peak torque speed is less than 60% of test speed, then 
your reference intermediate speed is 60% of test speed.
    (iv) If peak torque speed is greater than 75% of test speed, then 
your reference intermediate speed is 75% of test speed.
    (c) Torque. Transform normalized torque values to reference values 
using your maximum torque versus speed map. For variable-speed engines 
you must first transform normalized speed values into reference speed 
values. For constant-speed engines, you need only your test torque 
value.
    (1) % torque for variable-speed engines. For a given speed point, 
multiply the corresponding % torque by the maximum torque at that 
speed, according to your map. Linearly interpolate mapped torque values 
to determine torque between mapped speeds. The result is the reference 
torque for that speed point.
    (2) % torque for constant-speed engines. Multiply a % torque value 
by your test torque. The result is the reference torque for that point.
    (3) Permissible deviations for any engine. If your engine does not 
operate in-use below a certain torque under certain conditions, you may 
use a declared minimum torque as the reference value instead of the 
value calculated in paragraph (c)(1) or (2) of this section. For 
example, if your engine is connected to an automatic transmission, it 
may have a minimum torque called curb idle transmission torque (CITT). 
In this case, at idle conditions (i.e., 0% speed, 0% torque), you may 
use CITT as a reference value instead of 0 N[middot]m.
    (d) Power. Transform normalized power values to reference speed and

[[Page 54979]]

torque values using your maximum power versus speed map. For variable-
speed engines you must first transform normalized speed values into 
reference speed values. For constant-speed engines, you need only your 
maximum power value.
    (1) % power for variable-speed engines. For a given speed point, 
multiply the corresponding % power by the maximum power of your entire 
map. The result is the reference power for that speed point. You may 
calculate a corresponding reference torque for that point and command 
that reference torque instead of a reference power.
    (2) % torque for constant-speed engines. Multiply a % power value 
by the maximum power of your entire map. The result is the reference 
power for that point. You may calculate a corresponding reference 
torque for that point and command that reference torque instead of a 
reference power.
    (3) Permissible deviations for any engine. If your engine does not 
operate in-use below a certain power under certain conditions, you may 
use a declared minimum power as the reference value instead of the 
value calculated in paragraph (d)(1) or (2) of this section. For 
example, if your engine is directly connected to a propeller, it may 
have a minimum power called idle power. In this case, at idle 
conditions (i.e., 0% speed, 0% torque), you may use a corresponding 
idle torque as a reference torque instead of 0 N[middot]m.


Sec.  1065.630  1980 International Gravity Formula.

    Calculate the acceleration of Earth's gravity at your latitude, as 
follows:

ag = 9.7803267715x
(1+5.2790414E-03xsin([thetas])\2\ + 2.32718E-
05xsin([thetas])4
+1.262E-07xsin([thetas])\6\ + 7E-10xsin([thetas])8)

Example:

[thetas] = 45[deg]
ag = 9.7803267715x
(1+5.2790414E-03xsin(45)2 + 2.32718E-05xsin(45)4
+1.262E-07xsin(45)6 + 7E-10xsin(45)\8\)
ag = 9.8178291229 m/s2

Sec.  1065.640  PDP and venturi (SSV and CFV) calibration calculations.

    (a) Reference meter conversions. The following calibration 
equations use molar flow rate, nref as a reference quantity. 
If your reference meter outputs a flow rate in a different quantity 
such as standard volume rate, Vstdrefactual volume rate, 
Vactrefor mass rate, mref, convert your reference 
meter output to molar flow rate using the following:

[GRAPHIC] [TIFF OMITTED] TP10SE04.060

Examples:

Vstdref =1000.00 ft \3\/min
Pstd =29.9213 in Hg @ 32 [deg]F
Tstd = 68.0 [deg]F
R = 8.314472 J/(mol[middot]K)
Cp = 3386.38 Pa/in Hg @32 [deg]F
CT = (T + 459.67)/1.8 K/[deg]F
CV = 35.314662 ft \3\/m \3\
Ct = 60 s/min

[GRAPHIC] [TIFF OMITTED] TP10SE04.061

mref = 17.2683 kg/mih
Mmix = 28.7805 g/mol
Cm = 1000 g/kg

[GRAPHIC] [TIFF OMITTED] TP10SE04.062

    (b) PDP calibration calculations. For each restrictor position, 
calculate the following values, from the mean values determined in 
Sec.  1065.340, as follows:
    (1) PDP volume pumped per revolution, Vrev m \3\/rev:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.063
    
Example:

nref = 25.096 mol/s
R = 8.314472 J/mol[middot]K
Tin = 299.5 K
Pin = 98.290 kPa
fPDP = 1205.1 rev/min
Ct = 60 s/min
Cp = 1000 (J/m \3\)/kPa

[GRAPHIC] [TIFF OMITTED] TP10SE04.064

[GRAPHIC] [TIFF OMITTED] TP10SE04.065

    (2) PDP slip correction factor, Ks s/rev:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.066
    
Example:

fPDP = 1205.1 rev/min
Pout = 100.103 kPa
Pin = 98.290 kPa
Ct = 60 s/min

[GRAPHIC] [TIFF OMITTED] TP10SE04.067

[GRAPHIC] [TIFF OMITTED] TP10SE04.068

    (3) Perform a least-squares regression of PDP volume pumped per 
revolution, Vrev versus PDP slip correction factor, Ks, by calculating 
slope, a1 and intercept a0 as described in Sec.  1065.602.
    (4) Repeat the procedure in paragraphs (a)(1) through (3) of this 
section for every speed that you run your PDP.
    (5) Use the slopes and intercepts to calculate flow rate during 
emission testing as described in Sec.  1065.642.
    (c) Venturi governing equations and allowable assumptions. Because 
a subsonic venturi (SSV) and a critical-flow venturi (CFV) both operate 
similarly, their governing equations are the same, except for the 
equation describing their pressure ratio r (i.e., rSSV 
versus rCFV). The following symbols are used for the 
following quantities in subsequent calculations:

At = venturi throat cross-sectional area
Cd = discharge coefficient
Cf = flow coefficient
Cm = mass conversion factor
Cp = pressure conversion factor
dt = venturi throat diameter
Mmix = molar mass of gas mixture
n = molor flow rate
pin = venturi inlet absolute static pressure
r = pressure ratio
Tin = venturi inlet absolute temperature
Z = compressibility factor
[beta] = ratio of venturi throat to inlet diameters
[Delta]p = differential static pressure; venturi inlet minus venturi 
throat
[gamma] = ratio of specific heats of gas mixture

[[Page 54980]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.069

    (1) You may iterate to solve for rCFV and subsequently 
calculate Cf for a CFV, CfCFV, or you may 
determine CfCFV from Table 1 of Sec.  1065.640, based on 
your [beta] and [gamma].

      Table 1 of Sec.   1065.640.--CfCFV versus [beta] and [gamma]
------------------------------------------------------------------------
                                  CfCFV
-------------------------------------------------------------------------
                                                             [gamma]dexh
                                                 [gamma]exh       =
                    [beta]                        = 1.385     [gamma]air
                                                               = 1.399
------------------------------------------------------------------------
0.000.........................................       0.6822       0.6846
0.400.........................................       0.6857       0.6881
0.500.........................................       0.6910       0.6934
0.550.........................................       0.6953       0.6977
0.600.........................................       0.7011       0.7036
0.625.........................................       0.7047       0.7072
0.650.........................................       0.7089       0.7114
0.675.........................................       0.7137       0.7163
0.700.........................................       0.7193       0.7219
0.720.........................................       0.7245       0.7271
0.740.........................................       0.7303       0.7329
0.760.........................................       0.7368       0.7395
0.770.........................................       0.7404       0.7431
0.780.........................................       0.7442       0.7470
0.790.........................................       0.7483       0.7511
0.800.........................................       0.7527       0.7555
0.810.........................................       0.7573       0.7602
0.820.........................................       0.7624       0.7652
0.830.........................................       0.7677       0.7707
0.840.........................................       0.7735       0.7765
0.850.........................................       0.7798       0.7828
------------------------------------------------------------------------

    (2) Permissible assumptions. You may make several simplifying 
assumptions of the governing equations.
    (i) For emission testing over the full ranges of raw exhaust, 
diluted exhaust and dilution air, you may assume that the gas mixture 
behaves as an ideal gas: Z = 1.
    (ii) For the full range of raw exhaust you may assume a constant 
ratio of specific heats of [gamma] = 1.385.
    (iii) For the full range of diluted exhaust and air (e.g., 
calibration air or dilution air), you may assume a constant ratio of 
specific heats of [gamma] = 1.399.
    (iv) For the full range of diluted exhaust and air, you may assume 
the molar mass of the mixture is a function only of the amount of water 
in the dilution air or calibration air, xH2O, determined as 
described in Sec.  1065.645, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.070

Example:

Mair = 28.96559 g/mol
xH2O = 0.0169 mol/mol
MH2O = 18.01528 g/mol
MMIX=28.96559 [middot] (1-0.0169)+18.01528[middot]0.0169
MMIX28.7805 g/mol
    (v) For the full range of diluted exhaust and air, you may assume a 
constant molar mass of the mixture, Mmix such that the 
assumed molar mass differs from the actual molar mass by no more than 
 1% for all calibration and all testing. This might occur 
if you sufficiently control the amount of water in calibration air and 
in dilution air, and this might occur if you remove sufficient water 
from both calibration air and dilution air. Table 2 of this section 
gives examples of permissible emission testing dilution air dewpoints 
versus calibration air dewpoints.

    Table 2. of Sec.   1065.640.--Permissible Ranges of Dilution Air
    Dewpoint Versus Calibration Dewpoint Where a Constant Mmix May Be
                                 Assumed
------------------------------------------------------------------------
                                        Assume
        If calibration Tdew            constant     For emissions test
                                         Mmix          Tdew range a
------------------------------------------------------------------------
[deg]C.............................        g/mol  [deg]C
dry................................     28.96559  dry to 18
0..................................     28.89263  dry to 21
5..................................     28.86148  dry to 22
10.................................     28.81911  dry to 24
15.................................     28.76224  dry to 26
20.................................     28.68685  -8 to 28
25.................................     28.58806  12 to 31
30.................................     28.46005  23 to 34
------------------------------------------------------------------------
a Range valid for all calibration and emissions testing over the
  barometric pressure range (80.000 to103.325) kPa.

    (3) Calibration equation for SSV and CFV. For each data point 
collected in Sec.  1065.340, solve for Cd. The following 
example illustrates the use of the governing equations for the SSV. 
Note that for the case of the CFV, the equation for Cd would 
be the same. However, for Cf you would use your values of 
[Beta] and [gamma] to determine Cf iteratively as described 
in paragraph (b)(1) of this section, or you would look up a constant 
value of Cf for all calibration and testing in Table 1 of 
Sec.  1065.640.
[GRAPHIC] [TIFF OMITTED] TP10SE04.071

Example:

nref = 57.625 mol/s
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/mol[middot]K
Tin = 298.15 K
At = 0.01824 m2
Pin = 99.132 kPa
[gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa
Cm = 1000 g/kg
Cp = Pa/kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.072

[GRAPHIC] [TIFF OMITTED] TP10SE04.073


[[Page 54981]]


[GRAPHIC] [TIFF OMITTED] TP10SE04.074

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[GRAPHIC] [TIFF OMITTED] TP10SE04.076

[GRAPHIC] [TIFF OMITTED] TP10SE04.077

    (i) SSV calibration. For each data point collected in Sec.  
1065.340, also calculate Re at the throat of the 
venturi. Because the dynamic viscosity, [mu]. is needed to compute 
Re, you may use your own fluid viscosity model to 
determine [mu], using good engineering judgment. Alternatively, you may 
use the Sutherland three coefficient viscosity model for air at 
moderate pressures and temperatures. An example of this is shown in the 
following example calculation for Re:
[GRAPHIC] [TIFF OMITTED] TP10SE04.079

    Sutherland model:

    [GRAPHIC] [TIFF OMITTED] TP10SE04.080
    
[mu][ogr] =1.7894[middot]10-\5\ kg/(m[middot]s)
[Tgr][ogr] = 273.11 [Kappa]
S = 110.56 [Kappa]
Example:

[Mu]mix = 28.7805 g/mol
[eta]ref = 57.625 mol/s
d[tgr] = 0.1524 m
[Tgr]in = 298.15 [Kappa]
Cm = 1000 g/kg

[GRAPHIC] [TIFF OMITTED] TP10SE04.081

[GRAPHIC] [TIFF OMITTED] TP10SE04.082

[GRAPHIC] [TIFF OMITTED] TP10SE04.083

[GRAPHIC] [TIFF OMITTED] TP10SE04.084

    (ii) Create a regression equation to calculate Cd versus 
Re. You may use any mathematical expression such as 
a least-square polynomial or a power series. The regression equation 
must cover the flow range of Re expected during 
testing.
    (iii) The regression equation must predict Cd values within 0.5% of the individual Cd values determined from calibration.
    (iv) If the 0.5% criterion is met, transfer the 
regression equation to the SSV real time calculation system for use in 
emission tests as described in Sec.  1065.642. Do not use the equation 
beyond the upper and lower calibration points used to determine the 
equation.
    (v) If the 0.5% criterion is not met for an individual 
data point, based upon good engineering judgment, you may omit data 
points and recalculate the regression equation, provided you use at 
least 7 points that meet the criterion. Do not use the equation beyond 
the upper and lower calibration points used to determine the equation. 
If omitting points does not resolve outliers, take corrective action. 
For example, check for leaks or repeat the calibration process. If you 
must repeat the process, we recommend applying tighter tolerances to 
measurements and allow more time for flows to stabilize.
    (vi) CFV calibration. Calculate the mean and standard deviation of 
all the Cd as described in Sec.  1065.602. If the standard deviation is 
less than or equal to 0.3% of the mean, use the mean Cd in flow 
equations as described in Sec.  1054.642, and use the CFV only down to 
the lowest inlet pressure measured during calibration. If the standard 
deviation exceeds 0.3% of the mean, omit the data point collected at 
the lowest venturi inlet pressure. Recalculate the mean and standard 
deviation and determine if the new standard deviation is less than or 
equal to 0.3% of the new mean. If it is, then use that mean Cd in flow 
calculations and use the CFV down to the lowest inlet pressure of the 
remaining data points. If the standard deviation still exceeds 0.3% of 
the mean, continue omitting the data point at the lowest inlet pressure 
and recalculating the standard deviation and the mean. If the number of 
remaining data points becomes less than seven, take corrective action. 
For example, check for leaks or repeat the calibration process. If you 
must repeat the process, we recommend applying tighter tolerances to 
measurements and allow more time for flows to stabilize.


Sec.  1065.642  SSV, CFV, and PDP flow rate calculations.

    (a) PDP flow rate. Based on the slopes and intercepts calculated in 
Sec.  1065.640 for the speed that you operate your PDP during an 
emission test, calculate flow rate, n as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.085

Example:

fPDP = 755 rev/min
Pin = 98.575 kPa
R = 8.314472 J/(mol[middot]K)
Tin = 323.5 K
al = 50.43
ao = 0.056
Pout = 99.950 kPa
Cp = 1000 (J/m\3\)/kPa
ct = 60 s/min


[[Page 54982]]


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[GRAPHIC] [TIFF OMITTED] TP10SE04.087

[GRAPHIC] [TIFF OMITTED] TP10SE04.088

[GRAPHIC] [TIFF OMITTED] TP10SE04.089

    (b) SSV flow rate. Based on the Cd versus Re 
regression you determined as described in Sec.  1065.640, calculate SSV 
flow rate, n during an emission test as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.090

Example:

At = 0.01824 m2
Pin = 99.132 kPa
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/molK
Tin = 298.15 K
Re = 7.232105
[gamma] = 1.399
[beta] = 0.8
[utri]p = 2.31 kPa
Cm = 1000 g/kg
Cp = 1000 Pa/kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.091

[GRAPHIC] [TIFF OMITTED] TP10SE04.092

[GRAPHIC] [TIFF OMITTED] TP10SE04.093

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[GRAPHIC] [TIFF OMITTED] TP10SE04.095

[GRAPHIC] [TIFF OMITTED] TP10SE04.096

[GRAPHIC] [TIFF OMITTED] TP10SE04.097

[GRAPHIC] [TIFF OMITTED] TP10SE04.098

    (c) CFV flow rate. Based on the mean Cd and other constants you 
determined as described in Sec.  1065.640, calculate CFV flow rate, 
[nacute] during an emission test as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.099

Example:

Cd = 0.985
CfCFV = 0.7219
At = 0.00456 m2
Pin = 98.836 kPa
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/molK
Tin = 378.15 K
[gamma] = 1.399
[beta] = 0.7
Cm = 1000 g/kg
Cp = 1000 Pa/kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.100

[GRAPHIC] [TIFF OMITTED] TP10SE04.101

Sec.  1065.645  Amount of water in an ideal gas.

    (a) For various emission calculations, you must calculate the 
amount of water in an ideal gas, xH20.
    (1) Based on the measured dewpoint, Tdew or frost point Tice and 
the triple point of water, T0, use the formulations of the World 
Meteorological Organization (General Meteorological Standards and 
Recommended Practices, Appendix A, WMO Technical Regulations, WMO-No. 
49, 2000, incorporated by reference at Sec.  1065.1010), to first 
calculate the pressure of water, pH2O in an ideal gas as follows:

[[Page 54983]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.102

[GRAPHIC] [TIFF OMITTED] TP10SE04.103

Example:

Tdew = 9.5 [deg]C
Tdew = 9.5 + 273.15 = 282.65 K
[GRAPHIC] [TIFF OMITTED] TP10SE04.104

[GRAPHIC] [TIFF OMITTED] TP10SE04.105

    (2) And for frost point:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.106
    
Example:

Tice = -15.4 [deg]C
Tice = -15.4 + 273.15 = 275.75 K
[GRAPHIC] [TIFF OMITTED] TP10SE04.107

[GRAPHIC] [TIFF OMITTED] TP10SE04.108

[GRAPHIC] [TIFF OMITTED] TP10SE04.109

    (3) The equation that uses dewpoint has been experimentally 
confirmed from (0 to 100) [deg]C, and the same formula may be used over 
super-cooled water from (-50 to 0) [deg]C with insignificant error. The 
equation for frostpoint is valid from (-100 to 0) [deg]C.
    (b) You may also use other formulas to convert dewpoint or 
frostpoint to pH2O, provided that their use does not affect your 
ability to show compliance with the applicable standards. Formulas such 
as the commonly known the Goff-Gratch formula may be used. Note however 
that the Wexler-Greenspan formula that we previously specified is not 
valid for dewpoints below 0 [deg]C.
    (c) To calculate the amount of water in an ideal gas, divide pH2O 
by the absolute pressure (for example, barometric pressure) at which 
you measured dewpoint or frostpoint, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.110

Example:

Psat = 1.186 kPa
Ptotal = 99.980 kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.111

[GRAPHIC] [TIFF OMITTED] TP10SE04.112

Sec.  1065.650  Emission calculations.

    (a) General. Calculate brake-specific emissions over each test 
interval in a duty cycle. Refer to the standard-setting part for any 
calculations you might need to determine a composite result, such as a 
calculation that weights and sums the results of individual test 
intervals in a duty cycle. We specify three ways to calculate brake-
specific emissions, as follows:
    (1) Calculate the total mass of emissions and then divide it by the 
total work generated over the test interval. In this section, we 
describe how to calculate the total mass of different emissions. We 
describe how to calculate total work. Divide the total mass by the 
total work to determine brake-specific emissions, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.113

Example:

MNOx = 64.975 g
W = 25.783 kW[middot]hr

[[Page 54984]]

[GRAPHIC] [TIFF OMITTED] TP10SE04.114

eNOx = 2.520 g/(kW[middot]hr)

    (2) For steady-state testing, you may calculate the ratio of 
emission mass rate to power. In this special case you determine a mean 
mass rate of emissions during steady-state operation, and then divide 
that rate by the steady-state mean power. The result is a brake-
specific emission value calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.115

Example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.116

P = 54.342 kW
Ct = 3600 s/hr
Cm = 1000 mg/g
[GRAPHIC] [TIFF OMITTED] TP10SE04.117

[GRAPHIC] [TIFF OMITTED] TP10SE04.118

    (3) Calculate the ratio of total mass to total work. This is a 
special case in which you use a signal linearly proportional to raw 
exhaust flow rate to determine a value proportional to total emissions. 
You then use the same linearly proportional signal to determine total 
work using a chemical balance of fuel, intake air and exhaust as 
described in Sec.  1065.655, plus information about your engine's 
brake-specific fuel consumption. In this case we do not require any 
flow meter to be accurate, but we do require any flow meter you use 
must meet the applicable linearity and repeatability specifications in 
subpart D (performance checks) or subpart J (field testing) of this 
part. The result is a brake-specific emission value calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.119

Example:

m6co = 805.5 g
w6 = 52.102 kW[middot]hr
[GRAPHIC] [TIFF OMITTED] TP10SE04.120

[GRAPHIC] [TIFF OMITTED] TP10SE04.121

    (b) Total mass of emissions. To determine brake-specific emissions 
for a test interval under paragraph (a)(1) of this section, calculate 
the total mass of each emission. To calculate the total mass of an 
emission, you multiply a concentration by its respective flow. Follow 
these steps to calculate total mass of emissions:
    (1) Concentration corrections and calculations. Before multiplying 
concentrations by a flow, perform the following calculations on 
recorded concentrations, in order, as follows:
    (i) Correct all concentrations for drift, including dilution air 
background concentrations. Correct for drift as described in Sec.  
1065.657.
    (ii) Optionally, correct all concentrations for instrument noise, 
including dilution air background concentrations. Correct for noise as 
described in Sec.  1065.658.
    (iii) Correct all concentrations measured on a ``dry'' basis to a 
``wet'' basis, including dilution air background concentrations. 
Correct for drift as described in Sec.  1065.659.
    (iv) Calculate all NMHC concentrations, including dilution air 
background concentrations as described in Sec.  1065.660.
    (v) If you performed an emission test with an oxygenated fuel (see 
subpart E or this part) calculate any NMHCE concentrations including 
dilution air background concentrations as described in Sec.  1065.665.
    (2) Continuous sampling. For continuous sampling you frequently 
record a continuously updated concentration signal. You may measure 
this concentration from a changing flow rate or a constant flow rate, 
as follows:
    (i) If you continuously sample from a changing exhaust flow rate, 
synchronously multiply it by the flow rate of the flow from which you 
extracted it. We consider the following flows changing flows that 
require a continuous multiplication of concentration times flow rate: 
raw exhaust, exhaust diluted with a constant flow rate of dilution air, 
and CVS dilution with a CVS flow meter that does not have an upstream 
heat exchanger or electronic flow control. Account for dispersion and 
time alignment as described in Sec.  1065.201. This multiplication 
results in the flow rate of the emission itself. Integrate the emission 
flow rate over a test interval to determine the total emission. If the 
total emission is a molar quantity, convert this quantity to a mass by 
multiplying it by its molar mass, M. The result is the mass of the 
emission, m. The following is a continuous sampling with variable flow 
example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.122

Example:

MNMHC = 13.875389 g/mol
N = 1200
xNMHC1 = 84.5 [mu]mol/mol
xNMHC2 = 86.0 [mu]mol/mol
nexh1 = 2.876 mol/s
nexh2 = 2.224 mol/s
frecord = 1 Hz
Cmol = 1000000 [mu]ol/mol

[GRAPHIC] [TIFF OMITTED] TP10SE04.123

mNMHC = 13.875389 [middot] (84.5 [middot] 2.876 + 
86.0[middot]2.224 + ... + xNMHC1200 [middot] 
nnexh1200 [middot]) [middot] 1 [middot] 1000000
mNMHC = 25.23 g

    (ii) If you continuously sample from a constant exhaust flow rate, 
you may calculate the mean concentration recorded over the test 
interval and treat the mean as a batch sample (e.g., bag sample) as 
described in paragraph (b)(3)(ii) of this section. We consider the 
following flows constant exhaust flows: CVS diluted exhaust with a CVS 
flow meter that has either an upstream heat exchanger, electronic flow 
control, or both.
    (3) Batch sampling. The concentration may also be a single 
concentration from a proportionally extracted batch sample (e.g., a 
bag). In this case, you multiply the mean concentration of the batch 
sample by the total flow from which the sample was extracted. You may 
calculate total flow by integrating a changing flow rate or by 
determining the mean of a constant flow rate, as follows:
    (i) If you batch sample from a changing exhaust flow rate, extract 
a sample proportional to the changing exhaust flow rate. We consider 
the following flows changing flows that require proportional sampling: 
raw exhaust, exhaust diluted with a constant flow rate of dilution air, 
and CVS dilution with a CVS flow meter that does not have an upstream 
heat exchanger or electronic flow control. Integrate the flow rate over 
a test interval to determine the total flow from which you extracted 
the proportional sample. Multiply the mean concentration of the batch 
sample by the total flow from which the sample was extracted. If the 
total emission is a molar quantity, convert this quantity to a mass by 
multiplying it by its molar mass. If the total emission is a molar 
quantity, convert this quantity to a mass by multiplying it by its 
molar mass, M. The result is the mass of the emission, m. In the case 
of PM emissions, where the mean PM concentration is already in units of 
mass per mole of sample, MPM, simply multiply the total flow 
by MPM. The result is the total mass of PM,mPM.

[[Page 54985]]

The following is a batch sample extracted from a variable flow rate 
example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.124

Example:

MNOx = 46.0055 g/mol
N=9000
xNOx = 85.6 [mu]mol/mol
ndexh1 = 25.534 mol/s
ndexh2 = 26.950 mol/s
frecord = 5 Hz
Cmol = 1000000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.125

mNOx = 46.0055 [middot] 85.6(25.534 + 26.950 + ... + 
ndexh9000) [middot] 0.2 [middot] 1000000
mNOx = 4.201 g

    (ii) If you batch sample from a constant exhaust flow rate, extract 
a sample at a constant flow rate. We consider the following flows 
constant exhaust flows: CVS diluted exhaust with a CVS flow meter that 
has either an upstream heat exchanger, electronic flow control, or 
both. Determine the mean flow rate from which you extracted the 
constant flow rate sample. Multiply the mean concentration of the batch 
sample by the mean flow rate of the exhaust from which the sample was 
extracted, and multiply the result by the time of the test interval. If 
the total emission is a molar quantity, convert this quantity to a mass 
by multiplying it by its molar mass, M. The result is the mass of the 
emission, m. In the case of PM emissions, where the mean PM 
concentration is already in units of mass per mole of sample, 
MPM, simply multiply the total flow by MPM. The 
result is the total mass of PM,mPM.
    (iii) The following is a batch sample extracted from a constant 
flow rate example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.126

Example:

M PM = 0.144 mg/mol
ndexh = 57.692 mol/s
[Delta]t = 20 min
Ct = 60 s/min
Cm = 1000 mg/g
[GRAPHIC] [TIFF OMITTED] TP10SE04.127

[GRAPHIC] [TIFF OMITTED] TP10SE04.128

    (4) Diluted exhaust sampling; continuous or batch. If you sampled 
emissions from diluted exhaust, you must consider two additional steps.
    (i) If you diluted a sample at a constant ratio of dilution air 
flow rate to exhaust flow rate (raw or dilute), you must multiply your 
total mass emissions by the sum of the dilution ratio, DR, plus one. 
The following is an example of a secondary dilution system for sampling 
PM from a CVS:

mPM = mPMdil(DR+1)

Example:

mPMdil = 6.853 g
DR = 5:1
mPM = 6.853(5+1)
mPM = 41.118 g

    (ii) You may optionally measure background emissions in dilution 
air by either continuous sampling or batch sampling. You may then 
subtract the background you would have otherwise attributed to your 
engine as described in Sec.  1065.667.
    (5) NOX correction for intake-air humidity. Correct the 
total mass of NOX based on intake-air humidity as described 
in Sec.  1065.670. Note that if you performed diluted exhaust sampling, 
perform this correction after correcting for any dilution air 
background.
    (c) Total work. To determine brake-specific emissions for a test 
interval as described in paragraph (a)(1) of this section, you must 
also calculate the total work. To calculate total work, multiply the 
feedback engine speed by its respective feedback torque and apply the 
appropriate units conversion factors. This results in the power of the 
engine. Integrate the power over a test interval to determine the total 
work. If your standard is in the units g/hp.hr use the following 
conversion factor: 1 hp =550 ft lbf/s = 0.77456999 kW, and round the 
resulting value. The following is an example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.129

Example:
N = 9000
fn1 = 1800.2 rev/min
fn2 = 1805.8 rev/min
T1 = 177.23 Nm
T2 = 175.00 Nm
Crev = 2[pgr] rad/rev
Ct1 = 60 s/min
Cp = 1000 (Nm/s)/kW
frecord = 5 Hz
Ct2 = 3600 s/hr
[GRAPHIC] [TIFF OMITTED] TP10SE04.130

[GRAPHIC] [TIFF OMITTED] TP10SE04.131

[GRAPHIC] [TIFF OMITTED] TP10SE04.132

[GRAPHIC] [TIFF OMITTED] TP10SE04.133

[GRAPHIC] [TIFF OMITTED] TP10SE04.134

    (d) Steady-state mass rate divided by power. To determine steady-
state brake-specific emissions for a test interval as described in 
paragraph (a)(2) of this section, calculate the steady-state mass rate 
of the emission. Then calculate the steady-state power. Divide the mean 
mass rate of the emission by the mean power to determine steady-state 
brake-specific emissions.
    (1) To calculate the mass rate of an emission, multiply its mean 
concentration (e.g., x) by its respective mean flow rate,
[GRAPHIC] [TIFF OMITTED] TP10SE04.192


If the result is a molar flow rate, convert this quantity to a mass 
rate by multiplying it by its molar mass, M. The result is the mean 
mass rate of the emission,
[GRAPHIC] [TIFF OMITTED] TP10SE04.193


In the case of PM emissions, where the mean PM concentration is already 
in units of mass per mole of sample, M PM, simply multiply 
the mean flow rate,
[GRAPHIC] [TIFF OMITTED] TP10SE04.194


by MPM. The result is the mass rate of PM,

PM.
    (2) To calculate power, multiply mean engine speed, fn, 
by its respective mean torque, T, and apply the appropriate units 
conversion factors. The results is the mean power of the engine, P.

[[Page 54986]]

    (3) Divide emission mass rate by power to calculate a brake-
specific emission result as described in paragraph (a)(2) of this 
section.
    (4) The following is an example of how to calculate mean mass rate 
and mean power:
[GRAPHIC] [TIFF OMITTED] TP10SE04.135

P=fn[middot]T

Examples:

MCO=28.0101 g/mol
xCO=12.00 mmol/mol


n=1.530 mol/s
Cmol=1000 mmol/mol

f=3584.5 rev/min
T=121.50 N[middot]m
Crev=2[middot][pi] rad/rev
Ct=60 s/min
Cp=1000 (N[middot]m/s)/kW
[GRAPHIC] [TIFF OMITTED] TP10SE04.136

[GRAPHIC] [TIFF OMITTED] TP10SE04.137

[GRAPHIC] [TIFF OMITTED] TP10SE04.138

[GRAPHIC] [TIFF OMITTED] TP10SE04.139

    (e) Ratio of total mass of emissions to total work. To determine 
brake-specific emissions for a test interval as described in paragraph 
(a)(3) of this section, calculate a value proportional to the total 
mass of each emission. Divide each proportional value by a value that 
is similarly proportional to total work. The result is a brake-specific 
emission.
    (1) Total mass. To determine a value proportional to the total mass 
of an emission, determine total mass as described in paragraph (b) of 
this section, except substitute for the flow rate, n, or the total 
flow, n with a signal that is linearly proportional to flow rate,

 or linearly proportional to total flow, [ntilde].
    (2) Total work. To calculate a value proportional to total work 
over a test interval, integrate a value that is proportional to power. 
Use information about the brake-specific fuel consumption of your 
engine, efuel to convert a signal proportional to fuel flow 
rate to a signal proportional to power. To determine a signal 
proportional to fuel flow rate, divide a signal that is proportional to 
the mass rate of carbon products by the fraction of carbon in your 
fuel, wc.. For your fuel, you may use a measured 
wc or you may use the default values in Table 1 of Sec.  
1065.655. Calculate the mass rate of carbon from the amount of carbon 
and water in the exhaust, which you determine with a chemical balance 
of fuel, intake air, and exhaust as described in Sec.  1065.655. In the 
chemical balance, you must use concentrations from the flow that 
generated the signal proportional to flow rate, [ntilde], in paragraph 
(e)(1) of this section. The following is an example of how to determine 
a signal proportional to total work over a test interval:
[GRAPHIC] [TIFF OMITTED] TP10SE04.140

[GRAPHIC] [TIFF OMITTED] TP10SE04.141

[GRAPHIC] [TIFF OMITTED] TP10SE04.142

Example:

N = 3000
frecord = 5 HZ
efuel = 285 g/(kW[middot]hr
wfuel = 0.869 g/g
Mc = 12.0107 g/mol
n1 = 3.922  mol/s
xCproddry1 = 91.634 mmol/mol
xH2O1 = 26.16 mmol/mol
n2 = 4.139  mol/s
xCproddry2 = 98.005 mmol/mol
xH2O2 = 27.21 mmol/mol
Cmol = 1000 mmol/mol
Ct s/hr
[GRAPHIC] [TIFF OMITTED] TP10SE04.143

[GRAPHIC] [TIFF OMITTED] TP10SE04.144

    (3) Use the value proportional to total mass and the value 
proportional to total work to determine brake-specific emissions as 
described in paragraph (a)(3) of this section.
    (f) Rounding. Round emission values only after all calculations are 
complete and the result is in g/kW[middot]hr or units equivalent to the 
units of the standard (i.e., g/hp[middot]hr.).
    (1) General. To replace a number having a given number of digits 
with a number having a smaller number of digits, follow these rules:
    (i) If the digits to be discarded begin with a digit less than 5, 
the digit preceding the 5 is not changed. Example : 6.9749515 rounded 
to 3 digits is 6.97.
    (ii) If the digits to be discarded begin with a 5 and at least one 
of the following digits is greater than 0, the digit preceding the 5 is 
increased by 1. Examples : 6.9749515 rounded to 2 digits is 7.0, 
6.9749515 rounded to 5 digits is 6.9750.
    (iii) If the digits to be discarded begin with a 5 and all of the 
following digits are 0, the digit preceding the 5 is unchanged if it is 
even and increased by 1 if it is odd. (Note that this means that the 
final digit is always even.) Examples : 6.9749515 rounded to 7 digits 
is 6.974952, 6.974950 5 rounded to 7 digits is 6.974950.
    (2) Rounding converted numerical values. In most cases the product 
of the unconverted numerical value and a conversion factor will be a 
numerical value with a number of digits that exceeds the number of 
significant digits of the unconverted numerical value. Proper 
conversion procedure requires rounding this converted numerical value 
to the number of significant digits that is consistent with the maximum 
possible rounding error of the unconverted numerical value. Example : 
To express the value 1 = 36 ft in meters, use the factor 0.3048 and 
write 1 = 36 ft 3 0.3048 m/ft = 10.9728 m = 11.0 m. The final result, 1 
= 11.0 m, is based on the following reasoning: The numerical value 
``36'' has two significant digits, and thus a relative maximum possible 
rounding error (abbreviated RE) of 0.5/36 = 1.4% because it could have 
resulted from rounding the number 35.5, 36.5, or any number between 
35.5 and 36.5. To be consistent with this RE, the converted numerical 
value ``10.9728'' is rounded to 11.0 or three significant digits

[[Page 54987]]

because the number 11.0 has an RE of 0.05/11.0 = 0.45%. Although this 
0.45% RE is one-third of the 1.4% RE of the unconverted numerical value 
``36,'' if the converted numerical value ``10.9728'' had been rounded 
to 11 or two significant digits, information contained in the 
unconverted numerical value ``36'' would have been lost. This is 
because the RE of the numerical value ``11'' is 0.5/11 = 4.5%, which is 
three times the 1.4% RE of the unconverted numerical value ``36.'' This 
example therefore shows that when selecting the number of digits to 
retain in the numerical value of a converted quantity, one must often 
choose between discarding information or providing unwarranted 
information. Consideration of the end use of the converted value can 
often help one decide which choice to make. Note: Consider that one had 
been told initially that the value 1 = 36 ft had been rounded to the 
nearest inch. Then in this case, since 1 is known to within 1 in, the 
RE of the numerical value ``36'' is 1 in/(36 ft 3 12 in/ft) = 0.23%. 
Although this is less than the 0.45% RE of the number 11.0, it is 
comparable to it. Therefore, the result 1 = 11.0 m is still given as 
the converted value. Note that the numerical value ``10.97'' would give 
excessive unwarranted information because it has an RE that is one-
fifth of 0.23%.


Sec.  1065.655  Chemical balances of fuel, intake air, and exhaust.

    (a) General. Chemical balances of fuel, intake air, and exhaust may 
be used to calculate ratios of their flows, the amount of water in 
their flows, and the concentration of constituents in their flows. 
Along with the flow rate of either fuel, intake air, or exhaust you may 
use chemical balances to determine the flows of the other two. For 
example, you may use chemical balances along with exhaust flow to 
determine fuel flow and intake flow.
    (b) Procedures that require chemical balances. We require chemical 
balances when you determine the following:
    (1) A value proportional to total work, W6, when you choose to 
determine brake-specific emissions as described in Sec.  1065.650(e).
    (2) The amount of water in a raw or diluted exhaust flow, 
xH2On, when you do not measure the amount of water in a flow 
to correct for the amount water removed, as described in Sec.  
1065.659(c)(2).
    (3) The flow-weighted average fraction of dilution air in diluted 
exhaust, DF, when you do not measure dilution air flow to correct for 
background emissions as described inSec.  1065.667(c).
    (c) Chemical balance procedure. The calculations for a chemical 
balance involve a system of equations that require iteration. We 
recommend using a computer to solve this system of equations. You must 
guess the initial values of up to three quantities: the amount of water 
in the measured flow, xH2O, fraction of dilution air in 
diluted exhaust, DF, and the amount of products on a C1 
basis per dry mole of dry measured flow, xCproddry. For each 
emissions concentration, x, and amount of water xH2O, you 
must determine their completely dry concentrations. xdry and 
xH2Odry. You must also use your fuel's atomic hydrogen to 
carbon ratio, [alpha], and oxygen to carbon ratio, [beta]. For your 
fuel, you may measure [alpha] and [beta] or you may use the default 
values in Table 1 of Sec.  1065.650. Use the following steps to 
complete a chemical balance:
    (1) Convert your measured concentrations such as, 
xCO2meas, xNOmeas, and xH2Oint, to dry 
concentrations by dividing them by one minus the amount of water 
present during their respective measurements: xH2OxCO2, 
xH2OxNO, and xH2Oint. If the amount of water 
present during a ``wet'' measurement is the same as the unknown amount 
of water in the exhaust flow, xH2O, iteratively solve for 
that value in the system of equations. If you measure only total 
NOX and not NO and NO2 separately, use good 
engineering judgement to split your total NOX between NO and 
NO2 for the chemical balances. For example, if you measure 
emissions from a stoichiometric spark-ignition engine, you may assume 
all NOX is NO. For a compression-ignition engine, you may 
assume NOX is 75% NO and 25% NO2. For 
NO2 storage aftertreatment systems, you may assume 
NOX is 75% NO2 and 25% NO. Note that for 
emissions calculations you must use the molar mass of NO2 
for the molar mass of all NOX, regardless of the actual 
NO2 fraction of NOX.
    (2) Enter the equations in paragraph (c)(3) of this section into a 
computer program to iteratively solve for xH2O and 
xCproddry. If you measure raw exhaust flow, set DF equal to 
zero (0). If you measure diluted exhaust flow, iteratively solve for 
DF. Use good engineering judgment to guess initial values for 
xH2O, xCproddry, and DF. We recommend guessing an 
initial amount of water that is about twice the amount of water in your 
intake or dilution air. We recommend guessing an initial value of 
xCproddry as the sum of your measured CO2, CO, 
and THC values. If you measure diluted exhaust, we also recommend 
guessing an initial DF between 0.75 and 0.95, such as 0.8. Perform 
iteration until the most recently updated guesses are all within 1% of their respective most recently calculated values.
    (3) In the equations that follow, we use the following symbols and 
subscripts:

xH20 = amount of water in measured flow
xH20dry = amount of water per dry mole of measured flow
xCproddry = amount of carbon products on a C1 basis per dry mole of 
measured flow
DF = fraction of dilution air in measured flow--assuming stoichiometric 
exhaust
xprod/intdry = amount of dry stoichiometric products per dry mole of 
intake air
x02proddry = amount of oxygen products on an O2 basis per dry mole of 
measured flow
x[emission]dry = amount of emission per dry mole of measured flow
x[emission]meas = amount of emission in measured flow
xH20[emission]meas = amount of water at emission measurement location
xH20int = amount of water in intake air
xH20dil = amount of water in dilution air
x02airdry = amount of oxygen per dry mole of air; 0.209445 mol/mol
x02airdry = amount of carbon dioxide per dry mole air; 375 [mu]mol/mol
[alpha] = atomic hydrogen to carbon ratio in fuel
[beta] = oxygen to carbon ratio in fuel

[[Page 54988]]

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[GRAPHIC] [TIFF OMITTED] TP10SE04.146

[GRAPHIC] [TIFF OMITTED] TP10SE04.147

    (4) The following is an example; iteratively solved using the 
equations in paragraph (c)(3) of this section:
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[GRAPHIC] [TIFF OMITTED] TP10SE04.149


[[Page 54989]]


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[GRAPHIC] [TIFF OMITTED] TP10SE04.151


Table 1 of Sec.   1065.655.--Default Values of Atomic Hydrogen to Carbon
 Ratio, [alpha], Atomic Oxygen to Carbon Ratio, [beta], and Carbon Mass
                 Fraction of Fuel, wC, for Various Fuels
------------------------------------------------------------------------
                                    Atomic hydrogen and
                                     oxygen to carbon      Carbon mass
               Fuel                       ratios          concentration,
                                     CH[alpha]O[beta]         wc g/g
------------------------------------------------------------------------
Gasoline.........................  CH1.85O0                        0.866
2 Diesel................  CH1.80O0                        0.869
1 Diesel................  CH1.93O0                        0.861
LPG (C3H8).......................  CH2.67O0                        0.817
LNG/CNG..........................  CH3.79O0.02                     0.707
Ethanol..........................  CH3O0.5                         0.521
Methanol.........................  CH4O1                           0.375
------------------------------------------------------------------------

Sec.  1065.657  Drift validation and correction.

    (a) Determine if measurement instrument drift invalidates a test. 
Use the following quantities and calculation to determine if drift 
invalidates a test:
    (1) Span reference, xref.
    (2) Post-test span check, xspanchk.
    (3) Post-test zero check, xzerochk.
    (4) Flow-weighted amount expected at either the standard or during 
a test interval, whichever is greater, xexp.
    (5) Calculate drift correction, as follows:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.152
    
Example:

xspanchk = 1695.8 [mu]mol/mol
xzerochk = -5.2 [mu]mol/mol
xref = 1800.0 [mu]mol/mol
xexp = 435.5 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.153

    (b) You may correct every recorded amount for drift if drift did 
not invalidate the test. Use the following quantities and calculation 
to correct for drift:
    (1) The quantities from paragraph (a) of this section.
    (2) Each recorded amount, xi or for batch sampling, [xmacr].
    (3) Correct for drift as follows:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.154
    
Example:

xspanchk = 1695.8 [mu]mol/mol
xzerochk = -5.2 [mu]mol/mol
xref = 1800.0 [mu]mol/mol
xi or x = 435.5 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.155


[[Page 54990]]




Sec.  1065.658  Noise correction.

    (a) You may set to zero any recorded data point if that point's 
numerical value is smaller than the least of the following values:
    (1) The measurement instrument noise determined according to Sec.  
1065.305.
    (2) For lab instruments the recommended noise limit specified in 
Table 1 of Sec.  1065.205.
    (3) For field-testing instruments, the recommended noise limit 
specified in Table 1 of Sec.  1065.915.
    (b) If you perform this noise correction on samples that are 
corrected for background concentrations in dilution air, then noise 
correct the respective dilution air measurements the same way.
    (c) If you perform this noise correction on a THC concentration 
that you use to determine NMHC, then correct the CH4 
concentration the same way.


Sec.  1065.659  Removed water correction.

    (a) If you remove water upstream of a concentration measurement, x, 
or upstream of a flow measurement, n, correct for the removed water. 
Perform this correction based on the amount of water at the 
concentration measurement, xH2O[emission]meas, and at the flow meter, 
xH2O, whose flow is used to determine the concentration's total mass 
over a test interval.
    (b) Downstream of where you removed water, you may determine the 
amount of water remaining by any of the following:
    (1) Measure the dewpoint temperature and absolute pressure 
downstream of the water removal location and then calculate the amount 
of water remaining as described in Sec.  1065.645.
    (2) If you can justify assuming saturated water vapor conditions at 
a given location, you may use the measured temperature at that location 
as the dewpoint temperature.
    (3) You may also use a nominal value of absolute pressure based on 
an alarm setpoint, a pressure regulator setpoint, or good engineering 
judgment.
    (c) For a corresponding concentration or flow measurement where you 
did not remove water, you may determine the amount of initial water by 
any of the following:
    (1) Use any of the techniques described in paragraph (b) of this 
section.
    (2) If the measurement is a raw exhaust measurement, you may 
determine the amount of water based on intake-air humidity, plus a 
chemical balance of fuel, intake air and exhaust as described in Sec.  
1065.655.
    (3) If the measurement is a diluted exhaust measurement, you may 
determine the amount of water based on intake-air humidity, dilution 
air humidity, and a chemical balance of fuel, intake air and exhaust as 
described in Sec.  1065.655.
    (d) Perform a removed water correction to the concentration 
measurement using the following calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.156

Example:

\X\COmeas = 29.0 [mu]mol/mol
\X\H2OCOmeas = 8.601 [mu]mol/mol
\X\H20 = 34.4 [mu]mol/mol
\C\mol = 1000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.157

[GRAPHIC] [TIFF OMITTED] TP10SE04.158

Sec.  1065.660  THC and NMHC determination.

    (a) THC determination. If we require you to determine THC emission, 
calculate \x\THC using the initial THC contamination 
concentration \x\THCinit from Sec.  1065.520 as follows:

\X\THC = \X\THCinit

Example:

\X\THC = 150.3 [mu]mol/mol
\X\THCinit = 1.1 [mu]mol/mol
\X\THC = 150.3 - 1.1
\X\THC = 149.2 [mu]mol/mol

    (b) NMHC determination. Use one of the following to determine NMHC 
emission, \X\NMHC
    (1) If you did not measure CH4, you may report 
\X\NMHC as 0.98.\X\THC.
    (2) For nonmethane cutters, calculate \X\NMHC using the 
nonmethane cutter's penetration fractions (PF) of CH4, and 
C2H6, from Sec.  1065.331, and using the initial 
NMHC contamination concentration \X\NMHCinit from Sec.  
1065.520 as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.159

Example:

\X\THC = 150.3 [mu]mol/mol
\X\CH4 = 20.5 [mu]mol/mol
\PF\CH4 = 0.980
\PF\C2H6 = 0.050
\X\NMHCinit = 1.1 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.160

    (3) For a gas chromatograph, calculate \X\NMHC using the 
THC analyzer's response factor (RF) CH4, from Sec.  
1065.366, and using the initial NMHC contamination concentration 
\X\NMHCinit from Sec.  1065.520 as follows:

\X\NMHC = \X\THC- 
\RF\CH4[middot]\X\CH4-\X\NMHCinit

Example:

\X\THC = 145.6 [mu]mol/mol
\X\CH4 = 18.9 [mu]mol/mol
\RF\CH4 = 0.970
\X\NMHCinit = 1.1 [mu]mol/mol
\X\NMHC = 145.6-0.970[middot]18.9-1.1
\X\NMHC = 126.2 [mu]mol/mol

    (4) If the result of paragraph (b)(2) or (3) of this section is 
greater than the result of paragraph (b)(1) of this section, use the 
value calculated under paragraph (b)(1) of this section.


Sec.  1065.665  THCE and NMHCE determination.

    (a) If we require you to determine THCE, consider references to 
NMHC and NMHCE in this section to mean THC and THCE, respectively. If 
we require you to determine NMHCE, first determine NMHC as described in 
Sec.  1065.660.
    (b) If you measured an oxygenated hydrocarbon's mass concentration 
(per mole of exhaust), then first calculate its molar concentration by 
dividing its mass concentration by the molar mass of the oxygenated 
hydrocarbon.
    (c) Then multiply each oxygenated hydrocarbon's molar concentration 
by its respective number of carbon atoms per molecule. Add these 
carbon-equivalent molar concentrations to the molar concentration of 
NMHC. The result is the molar concentration of NMHCE.
    (d) For example, if you measured ethanol 
(C2H5OH) and methanol (CH3OH) as molar 
concentrations, and acetaldehyde (C2H4O) and 
formaldehyde (HCHO) as mass concentrations, you

[[Page 54991]]

would determine NMHCE emissions as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.162

Example:

xNMHC = 127.3 [mu]mol/mol
xC2H5OH = 100.8 [mu]mol/mol
xCH3OH = 25.5 [mu]mol/mol
MexhC2H4O = 0.841 mg/mol
MexhHCHO = 39.0 [mu]g/mol
MC2H4O = 44.05256 g/mol
MHCHO = 30.02598 g/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.163

[GRAPHIC] [TIFF OMITTED] TP10SE04.164

Sec.  1065.667  Dilution air background emission correction.

    (a) General. To determine the mass of background emissions to 
subtract from a diluted exhaust sample, first determine the total flow 
of dilution air, ndil, over the test interval. This may be a measured 
quantity or a quantity calculated from the diluted exhaust flow and the 
flow-weighted average fraction of dilution air in diluted exhaust, DF. 
Multiply the total flow of dilution air by the mean concentration of a 
background emission, xdil. This may a time-weighted mean or 
a flow-weighted mean (e.g. a proportionally sampled background). The 
product of ndil and xdil is the total amount of a background 
emission. If this is a molar quantity, convert it to a mass by 
multiplying it by its molar mass, M. The result is the mass of the 
background emission, m. In the case of PM, where the mean PM 
concentration is already in units of mass per mole of sample, MPM, 
simply multiply the total amount of dilution air by MPM. The result is 
the total background mass of PM, mPM. Subtract the total background 
mass from the total mass to correct for background emissions.
    (b) You may determine the total flow of dilution air by a direct 
flow measurement. In this case calculate the total mass of background 
as described in Sec.  1065.650(b), using the dilution air flow, 
ndil. Subtract the background mass from the total mass. Use 
the result in brake-specific emissions calculations.
    (c) You may determine the total flow of dilution air from the total 
flow of diluted exhaust and a chemical balance of the fuel, intake air 
and exhaust as described in Sec.  1065.655. In this case calculate the 
total mass of background as described in Sec.  1065.650(b), using the 
total flow of diluted exhaust, ndexh. Then multiply this result by the 
flow-weighted average fraction of dilution air in diluted exhaust, DF. 
Calculate DF using flow-weighted average concentrations of emissions in 
the chemical balance, as described in Sec.  1065.655. You may assume 
that your engine operates stoichiometrically, even if it is a lean-burn 
engine, such as a compression-ignition engine. Note that for lean-burn 
engines this assumption could result in an error in emissions 
calculations. This error could occur because the chemical balances in 
Sec.  1065.655 correct excess air passing through a lean-burn engine as 
if it was dilution air. If an emission concentration expected at the 
standard is about 100 times its dilution air background concentration, 
this error is negligible. However, if an emission concentration 
expected at the standard is similar to its background concentration, 
this error could be significant. If you are concerned about this error, 
we recommend that you remove background emissions from dilution air by 
HEPA filtration, chemical adsorption, or catalytic scrubbing. You might 
also consider using a partial-flow dilution technique such as a bag 
mini-diluter, which uses purified air as the dilution air.
    (d) The following is an example of using the flow-weighted average 
fraction of dilution air in diluted exhaust, DF. and the total mass of 
background emissions calculated using the total flow of diluted 
exhaust, ndexh, as described in Sec.  1065.650(b):

Mbkgnd = df[middot]Mbkgnddexh
Mbkgnddexh = M[middot]xbkgnd[middot]ndexh
Example:
MNOx = 46.0055 g/mol
xbkgnd = 0.05 [mu]mol/mol
ndexh = 23280.5 mol
DF = 0.843
Cmol = 1000000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.165

[GRAPHIC] [TIFF OMITTED] TP10SE04.166

Sec.  1065.670  NOX intake-air humidity correction.

    (a) Correct NOX concentrations for intake-air humidity 
after applying all other corrections.
    (b) For compression-ignition engines correct for intake-air 
humidity as follows or develop your own correction, based on good 
engineering judgment:

XNOcorr = XNOxuncorr [middot](9.953[middot] 
XH20 + 0.832)

Example:

XNOxuncorr = 700.5 [mu]mol/mol
XH20 = 0.022 mol/mol
XNOxcorr = 700.5[middot](9.953[middot]0.022 + 0.832)
XNOxcorr = 736.2 [mu]mol/mol

    (c) For spark-ignition engines you may use the same correction as 
for compression-ignition engines, or you

[[Page 54992]]

may develop your own correction, based on good engineering judgment.


Sec.  1065.672  CLD quench check calculations.

    Perform CLD quench check calculations as follows:
    (a) Calculate the amount of water in the span gas, 
xH2Ospan assuming complete saturation at the span gas 
temperature.
    (b) Estimate the expected amount of water, xH2Oexp in 
the exhaust you sample by considering the maximum expected amounts of 
water in combustion air, in fuel combustion products, and in dilution 
air if you dilute.
    (c) Calculate water quench as follows:
    [GRAPHIC] [TIFF OMITTED] TP10SE04.167
    
Example:

XNOdry = 1800 [mu]mol/mol
XNOwet = 1760 [mu]mol/mol
XH20exp = 0.03 mol/mol
XH20calc = 0.017 mol/mol
XNO,CO2 = 1480 [mu]mol/mol
XNO,N2 = 1500 [mu]mol/mol
XCO2exp = 2.0%
XCO2meas = 3.0%
[GRAPHIC] [TIFF OMITTED] TP10SE04.168

[GRAPHIC] [TIFF OMITTED] TP10SE04.169

Sec.  1065.690  PM sample media buoyancy correction.

    (a) General. Correct PM sample media for their buoyancy in air if 
you weigh them on a balance. The buoyancy correction depends on the 
sample media density, the density of air, and the density of the 
calibration weight used to calibrate the balance. The buoyancy 
correction does not account for the buoyancy of the PM itself because 
the mass of PM typically accounts only for (0.01 to 0.10)% of the total 
weight. A correction to this small fraction of mass would be at the 
most (0.001 to 0.010)%.
    (b) PM sample media density. Different PM sample media have 
different densities. Use the known density of your sample media, or use 
one of the densities for some common sampling media:
    (1) For PTFE coated borosilicate glass, use a sample media density: 
2300 kg/m\3\.
    (2) For PTFE membrane (film) media with an integral support ring of 
polymethylpentene that accounts for 95% of the media mass, use a sample 
media density: 920 kg/m\3\.
    (c) Air density. Because a PM balance environment must be tightly 
controlled to an ambient temperature of (22 1) [deg]C and a 
dewpoint of (9.5 1) [deg]C, air density is only a function 
of barometric pressure for this correction.
    (d) Calibration weight density. Use the stated density of the 
material of your metal calibration weight. The example calculation in 
this section uses a density of 8000 kg/m\3\, but you should know the 
density of your weight from the calibration weight supplier or the 
balance manufacturer if it is an internal weight.
    (e) Correction calculation. Buoyancy correct PM sample media using 
the following:
[GRAPHIC] [TIFF OMITTED] TP10SE04.170

[GRAPHIC] [TIFF OMITTED] TP10SE04.171

Example:

muncorr = 100.0000 mg
[rho]barom = 101.325 kPa
[rho]weight = 8000 kg/m\3\
[rho]media = 920 kg/m\3\
[rho]air = (1.1803[middot]10-\2\[middot]101.325)-
5.2922[middot]10-\3\
[rho]air = 1.1906 kg/m\3\
[GRAPHIC] [TIFF OMITTED] TP10SE04.172

[GRAPHIC] [TIFF OMITTED] TP10SE04.173

Sec.  1065.695  Data requirements.

    (a) To determine the information we require from engine tests, 
refer to the standard-setting part and request from your Designated 
Compliance Officer the application format for certification. We may 
require different information for different purposes such as for 
certification applications, alternate procedure approval requests, 
selective enforcement audits, laboratory audits, production-line test 
reports, and field-test reports.
    (b) See the standard-setting part and Sec.  1065.25 regarding 
recordkeeping.
    (c) We may ask you the following about your testing:
    (1) What approved alternative procedures did you use? For example:
    (i) Partial-flow dilution for proportional PM.
    (ii) CARB test procedures.
    (iii) ISO test procedures.
    (2) What laboratory equipment did you use? For example, the make, 
model, and description of the following:
    (i) Engine dynamometer and operator demand.

[[Page 54993]]

    (ii) Probes, dilution, transfer lines, and sample preconditioning 
components.
    (iii) Batch storage media (e.g., bag material, PM filter material).
    (3) What measurement instruments did you use? For example, the 
make, model, and description of the following:
    (i) Speed, torque instruments.
    (ii) Flow meters.
    (iii) Gas analyzers.
    (iv) PM balance.
    (4) When did you conduct calibrations and performance checks and 
what were the results? For example, the dates and results of the 
following:
    (i) Linearity checks.
    (ii) Interference checks.
    (iii) Response checks.
    (iv) Leak checks.
    (v) Flow meter checks.
    (5) What engine did you test? For example, the following:
    (i) Manufacturer.
    (ii) Family name on engine label.
    (iii) Model.
    (iv) Model year.
    (v) Identification number.
    (6) How did you prepare and configure your engine for testing? For 
example, the following:
    (i) Service accumulation; dates, hours, duty cycle and fuel.
    (ii) Scheduled maintenance; dates and description.
    (iii) Unscheduled maintenance; dates and description.
    (iv) Intake restriction allowable pressure range.
    (v) Charge air cooler volume.
    (vi) Charge air cooler outlet temperature, specified engine 
conditions and location of temperature measurement.
    (vii) Exhaust restriction allowable pressure range.
    (viii) Fuel temperature and location of measurement.
    (ix) Any aftertreatment system configuration and description.
    (x) Any crankcase ventilation configuration and description (e.g., 
open, closed, PCV, crankcase scavenged).
    (7) How did you test your engine? For example:
    (i) Constant speed or variable speed.
    (ii) Mapping procedure: step or sweep.
    (iii) Continuous or batch sampling for each emission.
    (iv) Raw or dilute; any dilution air background sampling.
    (v) Duty cycle and test intervals.
    (vi) Cold-start, hot-start, warmed-up running.
    (vii) Intake and dilution air absolute pressure, temperature, 
dewpoint.
    (viii) Simulated engine loads, curb idle transmission torque value.
    (ix) Warm idle speed value, any enhanced idle speed value.
    (x) Simulated vehicle signals applied during testing.
    (xi) Bypassed governor controls during testing.
    (xii) Date, time, and location of test (e.g., dynamometer 
laboratory identification).
    (xiii) Cooling medium for engine and charge air.
    (xiv) Operating temperatures: coolant, head, block.
    (xv) Full names of engine operators and laboratory operators.
    (xvi) Natural or forced cool-down and cool-down time.
    (xvii) Cannister loading.
    (8) How did you validate your testing? For example, results from 
the following:
    (i) Duty cycle regression statistics for each test interval.
    (ii) Proportional sampling.
    (iii) Drift.
    (iv) Reference PM sample media in PM-stabilization environment.
    (9) How did you calculate results? For example, results from the 
following:
    (i) Drift correction.
    (ii) Noise correction.
    (iii) ``Dry-to-wet'' correction.
    (iv) NMHC CH4 and contamination correction.
    (v) NOx humidity correction.
    (vi) Brake-specific emission formulation: total mass divided by 
total work, mass rate divided by power, or ratio of mass to work.
    (vii) Rounding emission results.
    (10) What were the results of your testing? For example:
    (i) Maximum mapped power and speed at maximum power.
    (ii) Maximum mapped torque and speed at maximum torque.
    (iii) For constant-speed engines: no-load governed speed.
    (iv) For constant-speed engines: test torque.
    (v) For variable-speed engines: test speed.
    (vi) Speed versus torque map.
    (vii) Speed versus power map.
    (viii) Duty cycle and test interval brake-specific emissions.
    (ix) Brake-specific fuel consumption.
    (11) What fuel did you use? For example:
    (i) Fuel that met specifications of subpart H of this part.
    (ii) Alternative fuel.
    (iii) Oxygenated fuel.
    (12) How did you field test your engine? For example:
    (i) Data from paragraphs (c)(1), (3), (4), (5), and (9) of this 
section.
    (ii) Probes, dilution, transfer lines, and sample preconditioning 
components.
    (iii) Batch storage media (e.g., bag material, PM filter material).
    (iv) Continuous or batch sampling for each emission.
    (v) Raw or dilute; any dilution air background sampling.
    (vi) Cold-start, hot-start, warmed-up running.
    (vii) Intake and dilution air absolute pressure, temperature, 
dewpoint.
    (viii) Curb idle transmission torque value.
    (ix) Warm idle speed value, any enhanced idle speed value.
    (x) Date, time, and location of test (e.g., dynamometer laboratory 
identification).
    (xi) Proportional sampling validation.
    (xii) Drift validation.
    (xiii) Operating temperatures: coolant, head, block.
    (xiv) Full name of vehicle operator.
    (xv) Full names of field test operators.
    (xvi) Vehicle make, model, model year, identification number.

Subpart H--Engine Fluids, Test Fuels, and Analytical Gases


Sec.  1065.701  General requirements for test fuels.

    (a) For all emission tests, use test fuels meeting the 
specifications in this subpart unless the standard-setting part directs 
otherwise. If we do not specify a service-accumulation fuel for a test 
engine, use a fuel typical of what you would expect the engine to use 
in service.
    (b) If you produce engines that can run on a type of fuel (or 
mixture of fuels) that we do not specify in this subpart, you must get 
our approval to test with fuel representing commercially available 
fuels of that type. We must approve your fuel specifications before you 
start testing.
    (c) You may use a test fuel other than those we specify in this 
subpart if you do all the following:
    (1) Show that it is commercially available.
    (2) Show that your engines will use only the designated fuel in 
service.
    (3) Show that operating the engines on the fuel we specify would 
increase emissions or decrease durability.
    (4) Get our written approval before you start testing.
    (d) We may allow you to use a different test fuel (such as 
California Phase 2 gasoline) if you show us that using it does not 
affect your ability to comply with all applicable emission standards.


Sec.  1065.703  Distillate diesel fuel.

    (a) Distillate diesel fuels for testing must be clean and bright, 
with pour and

[[Page 54994]]

cloud points adequate for proper engine operation.
    (b) There are three grades of 2 diesel fuel specified for 
use as a test fuel. See the standard-setting part to determine which 
grade to use. If the standard-setting part does not specify which grade 
to use, use good engineering judgment to select the grade that 
represents the fuel on which the engines will operate in use. The three 
grades are specified in Table 1 of this section.
    (c) You may use the following nonmetallic additives with distillate 
diesel fuels:
    (1) Cetane improver.
    (2) Metal deactivator.
    (3) Antioxidant, dehazer.
    (4) Rust inhibitor.
    (5) Pour depressant.
    (6) Dye.
    (7) Dispersant.
    (8) Biocide.

                Table 1 of Sec.   1065.703.--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
                                                    Ultra low     Low
            Item                     Units            sulfur     sulfur   High sulfur   Reference procedure \1\
----------------------------------------------------------------------------------------------------------------
Cetane Number                --                        40-50      40-50        40-50   ASTM D 613-03b
----------------------------
Distillation range:
    Initial boiling point    .....................   171-204    171-204      171-204   .........................
    10 pct. point            .....................   204-238    204-238      204-238   .........................
    50 pct. point            [deg]C                  243-282    243-282      243-282   ASTM D 86-03.
    90 pct. point            .....................   293-332    293-332      293-332   .........................
    Endpoint                 .....................   321-366    321-366      321-366   .........................
----------------------------
Gravity                      [deg]API                  32-37      32-37        32-37   ASTM D 287-92.
----------------------------
Total sulfur                 mg/kg                      7-15    300-500    2000-4000   ASTM D 2622-03.
----------------------------
Aromatics, minimum.          g/kg                        100        100          100   ASTM D 5186-03.
 (Remainder shall be
 paraffins, naphthalenes,
 and olefins)
----------------------------
Flashpoint, min.             [deg]C                       54         54           54   ASTM D 93-02a.
----------------------------
Viscosity                    cSt                     2.0-3.2    2.0-3.2      2.0-3.2   ASTM D 445-03.
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.   1065.1010.

Sec.  1065.705 Residual fuel.  [Reserved]


Sec.  1065.710  Gasoline.

    (a) Gasoline for testing must have octane values that represent 
commercially available fuels for the appropriate application.
    (b) There are two grades of gasoline specified for use as a test 
fuel. If the standard-setting part requires testing with fuel 
appropriate for low temperatures, use the test fuel specified for low-
temperature testing. Otherwise, use the test fuel specified for general 
testing. The two grades are specified in Table 1 of this section.

                       Table 1 of Sec.   1065.710.--Test Fuel Specifications for Gasoline
----------------------------------------------------------------------------------------------------------------
                                                                       Low temperature      Reference procedure
          Item                 Units           General testing             testing                  \1\
----------------------------------------------------------------------------------------------------------------
Distillation Range:
    Initial boiling      ................  \2\ 24-35               24-36                   .....................
     point
    10% point            ................  49-57                   37-48                   .....................
    50% point            [deg]C            93-110                  82-101                  ASTM D 86-01.
    90% point            ................  149-163                 158-174                 .....................
    End point            ................  Maximum, 213            Maximum, 212            .....................
Hydrocarbon
 composition:
    1. Olefins           [mu]m3/m3         Maximum, 100,000        Maximum, 175,000        .....................
    2. Aromatics         ................  Maximum, 350,000        Maximum, 304,000        ASTM D 1319-02.
    3. Saturates         ................  Remainder               Remainder               .....................
Lead (organic)           g/liter           Maximum, 0.013          Maximum, 0.013          ASTM D 3237-97.
Phosphorous              g/liter           Maximum, 0.0013         Maximum, 0.005          ASTM D 3231-02.
Total sulfur             mg/kg             Maximum, 80             Maximum, 80             ASTM D 1266-98.
Volatility (Reid Vapor   kPa               2,3 60.0-63.4           77.2-81.4               ASTM D 323-99a.
 Pressure)
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.   1065.1010.
\2\ For testing at altitudes above 1 219 m, the specified volatility range is (52 to 55) kPa and the specified
  initial boiling point range is (23.9 to 40.6) [deg]C.
\3\ For testing unrelated to evaporative emissions, the specified range is (55 to 63) kPa.

Sec.  1065.715  Natural gas.

    (a) Natural gas for testing must meet the specifications in the 
following table:

[[Page 54995]]



  Table 1 of Sec.   1065.715.--Test Fuel Specifications for Natural Gas
------------------------------------------------------------------------
            Item               Reference procedure          Value
------------------------------------------------------------------------
1. Methane, CH4.............  ASTM D 1945-96......  Minimum, 87.0
                                                     [mu]mol/mol.
2. Ethane, C2H6.............  ASTM D 1945-96......  Maximum, 5.5 [mu]mol/
                                                     mol.
3. Propane, C3H8............  ASTM D 1945-96......  Maximum, 1.2 [mu]mol/
                                                     mol.
4. Butane, C4H10............  ASTM D 1945-96......  Maximum, 0.35
                                                     [mu]mol/mol.
5. Pentane, C5H12...........  ASTM D 1945-96......  Maximum, 0.13
                                                     [mu]mol/mol.
6. C6 and higher............  ASTM D 1945-96......  Maximum, 0.1 [mu]mol/
                                                     mol.
7. Oxygen...................  ASTM D 1945-96......  Maximum, 1.0 [mu]mol/
                                                     mol.
8. Inert gases (sum of CO2    ASTM D 1945-96......  Maximum, 5.1 [mu]mol/
 and N2).                                            mol.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
  1065.1010.

    (b) At ambient conditions, natural gas must have a distinctive odor 
detectable down to a concentration in air not more than one-fifth the 
lower flammability limit.


Sec.  1065.720  Liquefied petroleum gas.

    (a) Liquefied petroleum gas for testing must meet the 
specifications in the following table:

   Table 1 of Sec.   1065.720--Test Fuel Specifications for Liquefied
                              Petroleum Gas
------------------------------------------------------------------------
                               Reference procedure
            Item                       \1\                  Value
------------------------------------------------------------------------
1. Propane, C3H8............  ASTM D 2163-91......  Minimum, 850,000
                                                     [mu]m\3\/m\3\.
2. Vapor pressure at 38       ASTM D 1267-02 or     Maximum, 1400 kPa.
 [deg]C.                       2598-02 \2\.
3. Volatility residue         ASTM D 1837-02......  Maximum -38 [deg]C.
 (evaporated temperature,
 35[deg]C).
4. Butanes..................  ASTM D 2163-91......  Maximum, 50,000
                                                     [mu]m\3\/m\3\.
5. Butenes..................  ASTM D 2163-91......  Maximum, 20,000
                                                     [mu]m\3\/m\3\.
6. Pentenes and heavier.....  ASTM D 2163-91......  Maximum, 5,000
                                                     [mu]m\3\/m\3\.
7. Propene..................  ASTM D 2163-91......  Maximum, 100,000
                                                     [mu]m\3\/m\3\.
8. Residual matter (residue   ASTM D 2158-02......  Maximum, 0.05 ml
 on evap. of 100) ml oil                             pass.\3\
 stain observ.).
9. Corrosion, copper strip..  ASTM D 1838-91......  Maximum, No. 1.
10. Sulfur..................  ASTM D 2784-98......  Maximum, 80 mg/kg.
11. Moisture content........  ASTM D 2713-91......  Pass.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
  1065.1010.
\2\ If these two test methods yield different results, use the results
  from ASTM D 1267-02.
\3\ The test fuel must not yield a persistent oil ring when you add 0.3
  ml of solvent residue mixture to a filter paper in 0.1 ml increments
  and examine it in daylight after two minutes.

    (b) At ambient conditions, liquefied petroleum gas must have a 
distinctive odor detectable down to a concentration in air not more 
than one-fifth the lower flammability limit.


Sec.  1065.740  Lubricants.

    (a) Use commercially available lubricating oil that represents the 
oil that will be used in your engine in use.
    (b) You may use lubrication additives, up to the levels that the 
additive manufacturer recommends.


Sec.  1065.745  Coolants.

    (a) You may use commercially available antifreeze mixtures or other 
coolants that will be used in your engine in use.
    (b) For laboratory testing of liquid-cooled engines, you may use 
water with or without rust inhibitors.
    (c) For coolants allowed in paragraphs (a) and (b) of this section, 
you may use rust inhibitors and additives required for lubricity, up to 
the levels that the additive manufacturer recommends.


Sec.  1065.750  Analytical Gases.

    Analytical gases must meet the accuracy and purity specifications 
of this section, unless you can show that other specifications would 
not affect your ability to show that your engines comply with all 
applicable emission standards.
    (a) Subparts C and D of this part refer to the following gas 
specifications:
    (1) Use purified gases to zero measurement instruments and to blend 
with calibration gases. Use gases with contamination up to the highest 
of the following values in the gas cylinder or at the outlet of a zero-
gas generator:
    (i) 2% contamination, measured relative to the flow-weighted 
average concentration expected at the standard.
    (ii) 2% contamination, measured relative to the flow-weighted 
average concentration measured during testing.
    (iii) Contamination as specified in the following table:

  Table 1 of Sec.   1065.750--General Specifications for Purified Gases
------------------------------------------------------------------------
         Constituent            Purified Air \1\      Purified N 2 \1\
------------------------------------------------------------------------
THC (C1 equivalent).........  < 0.05 [mu]mol/mol..  < 0.05 [mu]mol/mol.
CO1 [mu]mol/mol.............  < 1 [mu]mol/mol.....
CO2.........................  < 10 [mu]mol/mol....  < 10 [mu]mol/mol.
O2..........................  0.205 to 0.215 mol/   < 2 [mu]mol/mol.
                               mol.

[[Page 54996]]

 
NOX.........................  < 0.02 [mu]mol/mol..  < 0.02 [mu]mol/mol.
------------------------------------------------------------------------
\1\ We do not require that these levels of purity be traceable to NIST
  standards.

    (2) Use the following gases with a flame-ionization detector (FID) 
analyzer:
    (i) Use FID fuel with an H2 concentration of (0.4 0.02) 
mol/mol, balance He. Make sure the mixture contains no more than 0.05 
[mu]mol/mol THC.
    (ii) Use FID burner air that meets the specifications of purified 
air in paragraph (a)(1) of this section.
    (iii) Zero flame-ionization detectors with purified air meeting the 
specifications in paragraph (a)(1) of this section.
    (3) Use the following gas mixtures, with gases traceable within 
1% of the NIST true value or other gas standards we 
approve:
    (i) CH4, balance purified synthetic air or 
N2.
    (ii) C2H6, balance purified synthetic air or 
N2.
    (iii) C3H8, balance purified synthetic air or 
N2.
    (iv) CO, balance purified N2.
    (v) CO2, balance purified N2.
    (vi) NO, balance purified N2.
    (vii)) NO2, balance purified N2.
    (viii) O2, balance purified N2.
    (ix) C3H8, CO, CO2, NO, balance 
purified N2.
    (4) You may use gases for species other than those listed in 
paragraph (a)(3) of this section (such as methanol in air, which you 
may use to determine response factors), as long as they are traceable 
to 1% of the NIST true value or other similar standards we 
approve.
    (5) You may generate your own calibration gases using a precision 
blending device, such as a gas divider, to dilute gases with purified 
N2 or purified synthetic air. Gas dividers must meet the 
specifications in Sec.  1065.248.
    (b) Record the concentration of any calibration gas standard and 
its expiration date specified by the gas supplier. Do not use any 
calibration gas standard after its expiration date.
    (c) Transfer gases from their source to analyzers using components 
that are dedicated to controlling and transferring only those gases. 
For example, do not use a regulator, valve, or transfer line for zero 
gas if those components were previously used to transfer a different 
gas mixture. We recommend that you label regulators, valves, and 
transfer lines to prevent contamination. Note that even small traces of 
a gas mixture in the dead volume of a regulator, valve, or transfer 
line can diffuse upstream into a high-pressure volume of gas, which 
would contaminate the entire high-pressure gas source, such as a 
compressed-gas cylinder.


Sec.  1065.790  Mass standards.

    (a) PM balance calibration weights. Use PM balance calibration 
weights that are certified as traceable to NIST standards to within 
0.1% uncertainty. Calibration weights may be certified by any 
calibration lab that maintains NIST traceability. Make sure your lowest 
calibration weight has no greater than ten times the mass of an unused 
PM-sample medium.
    (b) Dynamometer calibration weights. [Reserved]

Subpart I--Testing With Oxygenated Fuels


Sec.  1065.801  Applicability.

    (a) This subpart applies for testing with oxygenated fuels. Unless 
the standard-setting part specifies otherwise, the requirements of this 
subpart do not apply for fuels that contain less than 25% oxygenated 
compounds by volume. For example, you generally do not need to follow 
the requirements of this subpart for tests performed using a fuel 
containing 10% ethanol and 90% gasoline, but you must follow these 
requirements for tests performed using a fuel containing 85% ethanol 
and 15% gasoline.
    (b) This subpart specifies sampling procedures and calculations 
that are different than those used for non-oxygenated fuels. All other 
test procedures of this part 1065 apply for testing with oxygenated 
fuels.


Sec.  1065.805  Sampling system.

    (a) Proportionally dilute engine exhaust, and use batch sampling 
collect flow-weighted dilute samples at a constant flow rate.
    (b) You may collect background samples for correcting dilution air 
for background concentrations.
    (c) Maintain sample temperatures within probes and sample lines 
that prevent aqueous condensation up to the point where a sample is 
collected.
    (d) You may bubble a sample of the exhaust through water to collect 
alcohols for later analysis.
    (e) For alcohol-containing oxygenated fuels, sample the exhaust 
through cartridges impregnated with 2,4-dinitrophenylhydrazine to 
collect carbonyls for later analysis. If the standard-setting part 
specifies a duty cycle that has multiple test intervals (such as 
multiple engine starts or an engine-off soak phase), you may 
proportionally collect a single carbonyl sample for the entire duty 
cycle.
    (f) You may use a photo-acoustic analyzer to quantify ethanol and 
methanol in an exhaust sample.
    (g) Use good engineering judgment to sample other oxygenated 
hydrocarbon compounds in the exhaust.


Sec.  1065.810  Calculations.

    Use the calculations specified in Sec.  1065.665 to determine THCE 
or NMHCE.

Subpart J--Field Testing


Sec.  1065.901  Applicability.

    (a) The test procedures in this subpart measure brake-specific 
emissions from engines while they are installed in vehicles in the 
field.
    (b) These test procedures apply to your engines only as specified 
in the standard-setting part.


Sec.  1065.905  General provisions.

    (a) Unless the standard-setting part specifies deviations from the 
provisions of this subpart, field testing must conform to all of the 
provisions of this subpart.
    (b) Testing conducted under this subpart may include any normal in-
use operation of an engine.
    (c) This part specifies procedures for field testing various 
categories of engines. See the standard-setting part for directions in 
applying specific provisions in this part for a particular type of 
engine. Before using this subpart's procedures, read the standard-
setting part to answer at least the following questions:
    (1) How many engines must I test?
    (2) How many times must I repeat a field test on an individual 
engine?
    (3) How do I select vehicles for field testing?
    (4) What maintenance steps may I take before or between tests?
    (5) What data are needed for a single field test on an individual 
engine?
    (6) What are the limits on ambient conditions for field testing?

[[Page 54997]]

    (7) Which exhaust constituents do I need to measure?
    (8) How do I account for crankcase emissions?
    (9) Which engine and ambient parameters do I need to measure?
    (10) How do I process the data recorded during field testing to 
determine if my engine meets field-testing standards? How are 
individual test intervals determined? Note that ``test interval'' is 
defined in subpart K of this part (Part 1065).
    (11) Should I warm up the test engine before measuring emissions, 
or do I need to measure cold-start emissions during a warm-up segment 
of in-use operation?
    (12) Do any unique specifications apply for test fuels?
    (13) Do any special conditions invalidate a field test?
    (14) Does any special margin apply to field-test emission results 
based on the accuracy and repeatability of field-testing measurement 
instruments?
    (15) Do results of initial field testing trigger any requirement 
for additional field testing?
    (16) How do I report field-testing results?
    (d) Use the following specifications in other subparts of this part 
(Part 1065) for field testing:
    (1) Use the applicability and general provisions of subpart A of 
this part.
    (2) Use equipment specifications in Sec.  1065.101 and in Sec.  
1065.140 through Sec.  1065.190. Section 1065.910 specifies additional 
equipment specific to field testing.
    (3) Use measurement instruments in subpart C of this part, except 
as specified in Sec.  1065.915.
    (4) Use calibrations and performance checks in subpart D of this 
part, except as specified in Sec.  1065.920. Section 1065.920 also 
specifies additional calibration and performance checks for field 
testing.
    (5) Use the provisions of the standard-setting part for selecting 
and maintaining engines instead of the specifications in subpart E of 
this part.
    (6) Use the procedures in Sec. Sec.  1065.930 and 1065.935 to start 
and run a field test. If you use a gravimetric balance for PM, weigh PM 
samples according to Sec. Sec.  1065.590 and 1065.595.
    (7) Use the calculations in subpart G of this part to calculate 
emissions over each test interval. Note that ``test interval'' is 
defined in subpart K of this part (Part 1065), and that the standard 
setting parts indicate how to determine test intervals for your engine. 
Section 1065.940 specifies additional calculations for field testing. 
Use any calculations specified in the standard-setting part to 
determine if your engines meet the field-testing standards. The 
standard-setting part may also contain additional calculations that 
determine when further field testing is required.
    (8) Use a fuel typical of what you would expect the engine to use 
in service. You need not use the fuel specified in subpart H of this 
part.
    (9) Use the lubricant and coolant specifications in Sec.  1065.740 
and Sec.  1065.745.
    (10) Use the analytical gases and other calibration standards in 
Sec.  1065.750 and Sec.  1065.790.
    (11) Use the procedures specified for testing with oxygenated fuels 
in subpart I of this part.
    (12) Apply the definitions and reference materials in subpart K of 
this part.
    (e) The following table summarizes the requirements of paragraph 
(d) of this section:

 Table 1 of Sec.   1065.905--Summary of Field-Testing Requirements That
               Are Specified Outside of This Subpart J \1\
------------------------------------------------------------------------
             Subpart * * *                 Use for field testing * * *
------------------------------------------------------------------------
A: Applicability and general provisions  Use all.
B: Equipment for testing...............  Use Sec.   1065.101and Sec.
                                          1065.140 through end of
                                          subpart B. Sec.   1065.910
                                          specifies equipment specific
                                          to field testing.
C: Measurement instruments.............  Use all. Sec.   1065.915 allows
                                          deviations.
D: Calibrations and performance checks.  Use all. Sec.   1065.920 allows
                                          deviations, but also has
                                          additional.
E: Test engine maintenance, and          Do not use. selection, Use
 durability.                              standard-setting part.
F: Running an emission test in the       Use Sec.  Sec.   1065.590 and
 laboratory.                              1065.595 for weighing PM with
                                          a gravimetric balance. Sec.
                                          1065.930 and Sec.   1065.935
                                          to start and run a field test.
G: Calculations........................  Use all. Use standard-setting
                                          part.
H: Fuels, engine fluids, analytical      Use an in-use fuel. You do not
 gases, and other calibration materials.  have to use fuels in subpart
                                          H.
I: Testing with oxygenated fuels.......  Use all.
K: Definitions and reference materials.  Use all.
------------------------------------------------------------------------
\1\ Refer to Sec.   1065.905 (d) for complete specifications.

Sec.  1065.910  Field-testing equipment.

    (a) Use field-testing equipment that meets the specifications of 
Sec.  1065.101 and Sec.  1065.140 through Sec.  1065.190.
    (b) This section describes additional equipment that is specific to 
field testing.
    (c) To field test an engine, you will likely route its exhaust to a 
raw exhaust flow meter and to sample probes. Route exhaust, as follows:
    (1) Use short flexible connectors at the end of the engine's 
exhaust pipe.
    (i) You may use flexible connectors to enlarge or reduce the 
exhaust-pipe diameter to match that of your test equipment.
    (ii) Use flexible connectors that do not exceed a length of three 
times their largest inside diameter.
    (iii) Use at least 315 [deg]C temperature rated, four-ply silicone 
fiberglass fabric material for flexible connectors. You may use 
connectors with a spring steel wire helix for support and/or 
NomexTM coverings or linings for durability. You may also 
use any other material that performs equivalently in terms of 
permeability, and durability as long as it seals tightly around 
tailpipes and does not react with exhaust.
    (iv) Use stainless steel hose clamps to seal flexible connectors to 
the outside diameter of tailpipes or use clamps that seal equivalently.
    (v) You may use additional flexible connectors to connect to flow 
meters and sample probe locations.
    (2) Use rigid 300 series stainless steel tubing to connect between 
flexible connectors. Tubing may be straight or bent to accommodate 
vehicle geometry. You may use 300 series stainless steel tubing ``T'' 
or ``Y'' fittings to join exhaust from multiple tailpipes. 
Alternatively, you may cap or plug redundant tailpipes if it is 
recommended by the engine manufacturer.

[[Page 54998]]

    (3) Use connectors and tubing that do not increase back pressure so 
much that it exceeds the manufacturer's maximum specified exhaust 
restriction. You may verify this at the maximum exhaust flow rate by 
measuring back pressure at the vehicle tailpipe with your system 
connected. Alternatively, you may verify this by engineering analysis, 
taking into account the maximum exhaust flow rate expected and the 
flexible connectors and tubing pressure drops versus flow 
characteristics.
    (d) Use mounting hardware as required for securing flexible 
connectors and exhaust tubing. We recommend mounting hardware such as 
clamps, suction cups, and magnets that are specifically designed for 
vehicle applications. We also recommend using structurally sound 
mounting points such as vehicle frames, trailer hitches, and payload 
tie-down fittings.
    (e) Field testing may require portable electrical power to run your 
test equipment. Power your equipment, as follows:
    (1) You may use electrical power from the vehicle, up to the 
highest power level, such that all the following are true:
    (i) The vehicle power system is capable of safely supplying your 
power, such that your demand does not overload the vehicle's power 
system.
    (ii) The engine emissions do not significantly change when you use 
vehicle power.
    (iii) The power you demand does not increase output from the engine 
by more than 1 % of its maximum power.
    (2) You may install your own portable power supply. For example, 
you may use batteries, fuel cells, a portable electrical generator, or 
any other power supply to supplement or replace your use of vehicle 
power. However, in no case may you provide power to the vehicle's power 
system.


Sec.  1065.915  Measurement instruments.

    (a) Instrument specifications. We recommend that you use field-
testing equipment that meets the specifications of subpart C of this 
part. For field testing, the specifications in Table 1 of Sec.  
1065.915 apply instead of the specifications in Table 1 of Sec.  
1065.205.

                          Table 1 of Sec.   1065.915.--Recommended Minimum Measurement Instrument Performance for Field Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Measured quantity    Rise time and     Recording update
           Measurement                   symbol           fall time          frequency         Accuracy \1\     Repeatability \1\        Noise \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer..........  fn                 1 s                5 Hz               5.0% of pt., or     2.0% of pt., 1.0%  0.5% of max.
                                                                                             1.0% of max.        of max.
----------------------------------
Engine torque estimator, BSFC....  T                  1 s                5 Hz               8.0% of pt., or 3%  2.0% of pt., 1.0%  1.0 of max.
                                                                                             of max.             of max.
----------------------------------
General pressure transducer (not   p                  5 s                1 Hz               5.0% of pt., or     2.0% of pt., or    1.0% of max.
 a part of another instrument).                                                              2.0% of max.        0.5% of max.
----------------------------------
Barometer........................  pbarom             50 s               0.1 H              250 Pa              200 Pa             100 Pa.
----------------------------------
General temperature sensor (not a  T                  5 s                1 Hz               1.0% of pt., or 3   0.5% of pt., or 2  0.5 [deg]C.
 part of another instrument).                                                                [deg]C              [deg]C
----------------------------------
General dewpoint sensor..........  Tdew               50 S               0.1 Hz             3 [deg]C            1 [deg]C           0.5 [deg]C.
----------------------------------
Exhaust flow meter...............  n                  1 s                5 Hz               5.0% of pt., or     2.0% of pt.        2.0% of max.
                                                                                             3.0% of max.
----------------------------------
Constituent concentration          x                  5 s                1 Hz               2.5% of pt., 2.5%   1.0% of pt., 1.0%  0.4% of max.
 continuous analyzer.                                                                        of meas.            of meas.
----------------------------------
Inertial PM balance..............  mPM                5 s                1 Hz               2.0% of pt., 2.0%   1.0% of pt., 1.0%  0.4% of max.
                                                                                             of meas.            of meas.
----------------------------------
Gravimetric PM balance...........  mPM                N/A                N/A                See Sec.            0.25 [mu]g         0.1 [mu]g.
                                                                                             1065.790
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are determined with the same collected data as described in Sec.   1065.305. ``pt.'' refers to a single point at
  the average value expected during testing at the standard--the reference value used in Sec.   1065.305; ``max.'' refers to the maximum value expected
  during testing at the standard over a test interval, not the maximum of the instrument's range; ``meas'' refers to the flow-weighted average measured
  value during any test interval.

    (b) ECM signals. You may use signals from the engine's electronic 
control module (ECM) in place of values recorded by measurement 
instruments, subject to the following provisions:
    (1) You must filter ECM signals to discard discontinuities and 
irrational records.
    (2) You must perform time-alignment and dispersion of ECM signals, 
as described in Sec.  1065.201.
    (3) You may use any combination of ECM signals, with or without 
other measurements, to determine the start-time and end-time of a test 
interval. Note that ``test interval'' is defined in subpart K of this 
part (Part 1065).
    (4) You may use any combination of ECM signals along with other 
measurements to determine brake-specific emissions over a test 
interval.
    (5) For each ECM signal that you use, you must state one of the 
following:
    (i) The signal meets all the specifications, calibrations, and 
performance checks of any measurement instrument or system that the 
signal replaces.
    (ii) The signal deviates from one or more of the specifications, 
calibrations, or performance checks, but its deviation does not prevent 
you from demonstrating that you meet the applicable standards. For 
example, your emissions results are sufficiently below the applicable 
standard such that the deviation would not significantly change the 
result.
    (c) Redundant measurements. You may make any other measurements, 
such as redundant measurements, to

[[Page 54999]]

ensure the quality of the data you collect.
    (d) Ambient effects on instruments. Measurement instruments must 
not be affected by ambient conditions such as temperature, pressure, 
humidity, physical orientation, or mechanical shock and vibration. If 
an instrument is inherently affected by ambient conditions, those 
conditions must be monitored and the instrument's signals must be 
adjusted in a way that compensates for the ambient effect. Follow the 
instrument manufacturer's instructions for proper field installation.
    (e) Engine torque estimator. Because engine brake torque may be 
difficult or impossible to measure during field testing, we allow other 
means of estimating torque based on other parameters. We recommend that 
the overall performance of any torque estimator should meet the 
performance specifications in Table 1 of Sec.  1065.915. Although you 
may develop your own torque estimator, we recommend using one of the 
following:
    (1) ECM signals. You may use ECM signals to estimate torque if they 
meet the specifications of paragraph (b) of this section. Some 
electronic control modules calculate torque directly, based on the 
amount of fuel commanded to the engine and possibly other parameters. 
Other electronic control modules output a signal that is the ratio of 
the amount of fuel commanded divided by the maximum possible command at 
the given engine speed. This value is commonly called ``% load''. You 
may use this value in combination with the engine manufacturer's 
published maximum torque versus speed data to estimate engine torque. 
You may use a combination of ECM signals such as intake manifold 
pressure and temperature and engine speed if you have detailed 
laboratory data that can correlate such signals to torque.
    (2) Brake-specific fuel consumption. You may multiply brake-
specific fuel consumption (BSFC) information by fuel-specific emission 
results to determine brake-specific emission results. This approach 
avoids any requirement to estimate torque in the field. Fuel-specific 
results can be calculated from emission concentrations and a signal 
linear to exhaust flow rate. See Sec.  1065.650 for the calculations. 
You may interpolate brake-specific fuel consumption data, which might 
be available from an engine laboratory as a function of engine speed 
and other engine parameters that you can measure in the field. You may 
also use a single BSFC value that approximates the mean BSFC over a 
test interval (as defined in subpart K). This value may be a nominal 
BSFC value for all engine operation, which may be determined over one 
or more laboratory duty cycles. Refer to the standard-setting part to 
determine if the range of engine operation represented by a duty cycle 
approximates the range of operation that defines a field-testing test 
interval. Select a nominal BSFC based on duty cycles that best 
represent the range engine operation that defines a field-testing test 
interval.


Sec.  1065.920  Calibrations and performance checks.

    (a) Use all of the applicable calibrations and performance checks 
in subpart D of this part, including the linearity checks in Sec.  
1065.307, to calibrate and check your field test system.
    (b) Your field-testing system must also meet an overall check. We 
require only that you maintain a record that shows that the make, 
model, and configuration of your system meets this check. The record 
itself may be supplied to you by the field-testing system manufacturer. 
However, we recommend that you generate your own record to verify that 
your specific system meets this check. If you upgrade or change the 
configuration of your field test system, we require that your record 
shows that your new configuration meets this check. The check consists 
of comparing field test data and laboratory data that are generated 
simultaneously over a repeated duty cycle in a laboratory. Two 
statistical comparisons are made. One statistical comparison checks the 
difference between the field test and lab data with respect to the lab 
standard. The second statistical comparison checks the field-testing 
system's upper confidence limit with respect to the lab's upper 
confidence limit. The field test upper confidence limit is determined 
only after applying any measurement allowance that is specified in the 
standard-setting part. Refer to Sec.  1065.605 for an example 
calculation of these two statistical tests. Perform the check as 
follows:
    (1) Install your field-testing system on an engine in a dynamometer 
laboratory that meets all of the specifications of this part with 
respect to the engine and its applicable emission standards. We 
recommend that you select an engine that has emissions near its 
applicable laboratory standards.
    (2) If the standard-setting part does not specify a duty cycle 
specifically for this check, select or create a duty cycle that has all 
of the following:
    (i) Expected in-use engine operation. Consider using data from 
previous field tests to generate a cycle.
    (ii) (20 to 40) min duration.
    (iii) At least 10 discrete field-testing test intervals (e.g., 10 
NTE events).
    (iv) At least 50% of its time in the operating range where valid 
field-testing test intervals may be calculated. For example, for heavy-
duty highway compression-ignition engines, select a duty cycle in which 
at least 50% of the engine operating time can be used to calculate 
valid NTE events.
    (3) Prepare the laboratory and field-testing systems for emission 
testing as described in this part.
    (4) Run at least seven valid repeat emission tests with the duty 
cycle, using a warmed up running engine. For a valid repeat of the duty 
cycle, the laboratory and field test systems must both return validated 
tests (e.g., tests must meet drift check, hydrocarbon contamination 
check, proportional validation, etc).
    (5) Calculate all brake-specific emission results with the lab and 
the field test data for every field-testing test interval (e.g., each 
NTE event) that occurred. Repeat this for every repeated duty cycle.
    (6) Calculate the mean for each test interval (e.g., each NTE 
event) with the repeated data for each test interval.
    (7) For each test interval (e.g., each NTE event), subtract its lab 
mean from its field test mean, and divide the result by the applicable 
lab standard. If this result is within 5% for all test 
intervals (e.g., all NTE events), then the field test system passes 
this statistical test.
    (8) First apply any measurement allowance to the field-testing 
results in paragraph (b)(5) of this section and recalculate the field 
test results in the same way you calculated the results for paragraph 
(b)(6) of this section. Then calculate two times the standard deviation 
for each of the test interval means from the adjusted field test 
results and the lab means from (b)(6) of this section. Add these values 
to each of their respective means. The result is the upper confidence 
limit for each test interval (e.g., each NTE event). For each test 
interval subtract the laboratory upper confidence limit from the field 
test upper confidence limit. If the result of this subtraction is less 
than or equal to zero for all the test intervals (e.g., all NTE 
events), then the field test system passes this statistical test.
    (c) If the field test system passes both statistical tests in 
paragraphs (b)(7) and (b)(8) of this section, then the field-test 
system passes the overall field-testing system check.

[[Page 55000]]

Sec.  1065.925  Measurement equipment and analyzer preparation.

    (a) If your engine must comply with a PM standard and you use a 
gravimetric balance to measure PM, follow the procedures for PM sample 
preconditioning and tare weighing as described in Sec.  1065.590.
    (b) Verify that ambient conditions are initially within the limits 
specified in the standard-setting part.
    (c) Install all of the equipment and measurement instruments 
required to conduct a field test.
    (d) Power the measurement system, and allow pressures, 
temperatures, and flows to stabilize to their operating set points.
    (e) Operate dilution systems and PM sampling systems at their 
expected flow rates using a bypass.
    (f) Bypass or purge any gaseous sampling systems until sampling 
begins.
    (g) Conduct calibrations and performance checks.
    (h) Check for contamination in the NMHC sampling system as follows:
    (1) Select the NMHC analyzer range for measuring the flow-weighted 
average concentration expected at the NMHC standard.
    (2) Zero the NMHC analyzer using zero air introduced at the 
analyzer port.
    (3) Span the NMHC analyzer using span gas introduced at the 
analyzer port.
    (4) Overflow zero air at the NMHC probe or into a fitting between 
the NMHC probe and the transfer line.
    (5) Measure the NMHC concentration in the sampling system:
    (i) For continuous sampling, record the mean NMHC concentration as 
overflow zero air flows.
    (ii) For batch sampling, fill the sample medium and record its mean 
concentration.
    (6) Record this value as the initial NMHC concentration, 
xNMHCinit and use it to correct measured values as described 
in Sec.  1065.660.
    (7) If this initial NMHC concentration exceeds the greatest of the 
following, determine the source of the contamination and take 
corrective action, such as purging the system or replacing contaminated 
portions:
    (i) 2% of the flow-weighted average concentration expected at the 
standard or during testing.
    (ii) 2 mmol/mol.
    (8) If corrective action does not resolve the deficiency, you may 
request to use the contaminated system as an alternate procedure under 
Sec.  1065.10.


Sec.  1065.930  Engine starting, restarting, and shutdown.

    (a) Unless the standard-setting part specifies otherwise, follow 
these steps to start, restart, and shut down the test engine.
    (b) Start or restart the engine according to the procedure 
recommended in the owners manual.
    (c) If the engine does not start after 15s of cranking, stop 
cranking and determine the reason it failed to start. However, you may 
crank the engine longer than 15s, as long as the owners manual or the 
service-repair manual describes the longer cranking time as normal.
    (d) Respond to engine stalling with the following steps:
    (1) If the engine stalls during a required warm-up before emission 
sampling begins, restart the engine and continue warm-up.
    (2) If the engine stalls at any other time after emission sampling 
begins, restart the engine and continue testing.
    (e) Shut down and/or restart the engine according to the 
manufacturer's specifications, as needed during normal operation in-
use, but continue emission sampling until the field test is completed.


Sec.  1065.935  Emission test sequence.

    (a) Time the start of testing as follows:
    (1) If the standard-setting part requires only hot-stabilized 
emission measurements, operate the engine in-use until the engine 
coolant's absolute temperature is within 10% of its mean 
value for the previous 2 min or until the engine thermostat controls 
engine temperature. For hot-stabilized emission measurements, bring the 
engine to idle. Start the field test within 10 min of achieving coolant 
temperature tolerance.
    (2) If the standard-setting part requires hot-start emission 
measurements, shut down the engine after at least 2 min at the 
temperature tolerance specified in paragraph (a)(1) of this section. 
Start the field test within 20 min of engine shutdown.
    (3) If the standard-setting part requires cold-start emission 
measurements, you may start the engine and test cycle if the highest 
temperature of an engine's lubricant, coolant, and aftertreatment 
systems is within the standard-setting part's ambient temperature 
limits for field testing.
    (b) Take the following steps before emission sampling begins:
    (1) For batch sampling, connect clean storage media, such as 
evacuated bags or tare-weighed PM sample media.
    (2) Operate all measurement instruments according to the instrument 
manufacturer's instructions.
    (3) Operate heaters, dilution systems, sample pumps, cooling fans, 
and the data-collection system.
    (4) Preheat any heat exchangers in the measurement system.
    (5) Allow heated components such as sample lines, filters, and 
pumps to stabilize at operating temperature.
    (6) Perform vacuum side leak checks as described in Sec.  1065.345.
    (7) Using bypass, adjust the sample flow rates to desired levels.
    (8) Zero any integrating devices.
    (9) Zero and span all constituent analyzers using NIST-traceable 
gases that meet the specifications of Sec.  1065.750.
    (c) Start testing as follows:
    (1) If the engine is already running and warmed up and starting is 
not part of field testing, start the field test by simultaneously 
sampling exhaust gases, recording data, and integrating measured 
values.
    (2) If engine starting is part of field testing, start field 
testing by simultaneously sampling exhaust gases, recording data, and 
integrating measured values. Then start the engine.
    (d) Continue the test as follows:
    (1) Continue to sample exhaust, record data and integrate measured 
values throughout normal in-use operation of the engine. The engine may 
be stopped and started, but continue to sample emissions throughout the 
entire field test.
    (2) Conduct periodic performance checks such as zero and span 
checks on measurement instruments, as recommended by the instrument 
manufacturer. Do not include data recorded during performance checks in 
emission calculations.
    (3) You may periodically condition and analyze batch samples in-
situ, including PM samples if you use an inertial balance.
    (e) Stop testing as follows:
    (1) On the last record of the field test, allow sampling system 
response times to elapse and cease sampling. Stop any integrator and 
indicate the end of the test cycle on the data-collection medium.
    (2) Shut down the engine if it is not already shut down.
    (f) Take the following steps after emission sampling is complete:
    (1) Unless you weighed PM in-situ, such as by using an inertial PM 
balance, place any used PM samples into covered or sealed containers 
and return them to the PM-stabilization environment for subsequent 
weighing on a gravimetric balance. If you weigh PM samples with a 
gravimetric balance, weigh PM samples according to Sec.  1065.595.
    (2) As soon as practical after the duty cycle is complete, analyze 
any gaseous batch samples.
    (3) Analyze background samples if dilution air was used.

[[Page 55001]]

    (4) After quantifying exhaust gases, check drift of each analyzer:
    (i) Record the mean analyzer value after stabilizing a zero gas to 
each analyzer. Stabilization may include time to purge an analyzer of 
any sample gas, plus any additional time to account for analyzer 
response.
    (ii) Record mean analyzer values after stabilizing the span gas to 
the analyzer. Stabilization may include time to purge the analyzer of 
any sample gas, plus any additional time to account for analyzer 
response.
    (iii) Use this data to validate and correct for drift as described 
in Sec.  1065.658.
    (5) Drift invalidates a test if the drift correction exceeds 4% of the flow-weighted average concentration expected at either 
the standard or during a test interval, whichever is greater. Calculate 
and correct for drift as described in Sec.  1065.657.
    (g) For any proportional batch sample such as a bag sample or PM 
sample, demonstrate that proportional sampling was maintained using one 
of the following:
    (1) Record the sample flow rate and the total flow rate at 1 Hz or 
more frequently. Use this data with the statistical calculations in 
Sec.  1065.602 to determine the standard error of the estimate, SE, of 
the sample flow rate versus the total flow rate. For each test interval 
(as defined in subpart K), demonstrate that SE was less than or equal 
to 2.5% of the mean sample flow rate. You may omit up to 5% of the data 
points as outliers to improve SE.
    (2) Record the sample flow rate and the total flow rate at 1 Hz or 
more frequently. For each test interval, demonstrate that each flow 
rate was constant within 2.5% of its respective mean or 
target flow rate.
    (3) For critical-flow venturis, record venturi-inlet conditions at 
1 Hz or more frequently. Demonstrate that the density at the venturi 
inlet was constant within 2.5% of the mean or target 
density over each test interval. For a CVS critical-flow venturi, you 
may demonstrate this by showing that the absolute temperature at the 
venturi inlet was constant within 4% of the mean or target 
temperature over each test interval.
    (4) For positive-displacement pumps, record pump-inlet conditions 
at 1 Hz or more frequently. Demonstrate that the density at the pump 
inlet was constant within 2.5% of the mean or target 
density over each test interval. For a CVS pump, you may demonstrate 
this by showing that the absolute temperature at the pump inlet was 
constant within 2% of the mean or target temperature over 
each test interval.
    (5) Using good engineering judgment, demonstrate using an 
engineering analysis that the proportional-flow control system 
inherently ensures proportional sampling under all circumstances 
expected during testing. For example, you use CFVs for sample flow and 
total flow and their inlet pressures and temperatures are always the 
same as each others, and they always operate under critical-flow 
conditions.
    (h) Check all non-auto-ranging analyzer results to determine if any 
results indicate that an analyzer ever operated above 100% of its range 
during the test. If an analyzer operated above 100% of its range, 
perform the following:
    (1) For a batch sample, re-analyze the batch sample using the next 
higher analyzer range that results in an instrument response less than 
100%. Report the result from the lowest range that results in analyzer 
operation at less than 100% of its range.
    (2) For continuous sampling, repeat the field test using the same 
vehicle, but use the next higher analyzer range that you estimate will 
not respond greater than 100% of range. If the analyzer still operates 
above 100% of its range, repeat the field test again using a higher 
range. Continue to repeat the field test until the analyzer operates at 
less than 100% of its range for an entire field test. Report all 
results.


Sec.  1065.940  Emission calculations.

    (a) Follow instructions in the standard-setting part for any other 
emission calculations.
    (b) For each test interval, as determined by information in the 
standard-setting part, perform emission calculations as described in 
Sec.  1065.650 to calculate brake-specific emissions, using the field-
testing specifications for analyzer noise in Table 1 of Sec.  1065.915.

Subpart K--Definitions and Other Reference Information


Sec.  1065.1001  Definitions.

    The following definitions apply to this part. The definitions apply 
to all subparts unless we note otherwise. All undefined terms have the 
meaning the Act gives to them. The definitions follow:
    300 series stainless steel means any stainless steel alloy with a 
Unified Numbering System for Metals and Alloys number designated from 
S30100 to S39000. For all instances in this part where we specify 300 
series stainless steel, such parts must also have a smooth inner-wall 
construction. We recommend an average roughness, Ra no 
greater than 4 mm.
    Accuracy means the absolute difference between a reference quantity 
and the arithmetic mean of ten mean measurements of that quantity. 
Instrument accuracy, repeatability, and noise are determined from the 
same data set. We specify a procedure for determining accuracy in Sec.  
1065.305.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Adjustable parameter means any device, system, or element of design 
that someone can adjust (including those which are difficult to access) 
and that, if adjusted, may affect emissions or engine performance 
during emission testing or normal in-use operation. This includes, but 
is not limited to, parameters related to injection timing and fueling 
rate. In some cases this may exclude a parameter that is difficult to 
access if it cannot be adjusted to affect emissions without 
significantly degrading engine performance, or if it will not be 
adjusted in a way that affects emissions during in-use operation.
    Aerodynamic diameter means the diameter of a spherical water 
droplet which settles at the same constant velocity as the particle 
being sampled.
    Aftertreatment means relating to a catalytic converter, particulate 
filter, or any other system, component, or technology mounted 
downstream of the exhaust valve (or exhaust port) whose design function 
is to decrease emissions in the engine exhaust before it is exhausted 
to the environment. Exhaust-gas recirculation (EGR) and turbochargers 
are not aftertreatment.
    Allowed procedures means procedures that we either specify in this 
part 1065 or in the standard-setting part or approve under Sec.  
1065.10.
    Aqueous condensation means the precipitation of water 
(H2O)-containing constituents from a gas phase to a liquid 
phase. Aqueous condensation is a function of humidity, pressure, 
temperature, and concentrations of other constituent such as sulfuric 
acid. These parameters vary as a function of engine intake-air 
humidity, dilution air humidity, engine air-to-fuel ratio, and fuel 
composition--including the amount of hydrogen and sulfur in the fuel.
    Auto-ranging means a constituent analyzer function that 
automatically changes the analyzer gain to a higher range as a 
constituent's concentration approaches 100% of the analyzer's current 
range.
    Auxiliary emission-control device means any element of design that 
senses temperature, motive speed, engine RPM,

[[Page 55002]]

transmission gear, or any other parameter for the purpose of 
activating, modulating, delaying, or deactivating the operation of any 
part of the emission-control system.
    Barometric pressure means the wet, absolute, atmospheric static 
pressure. Note that if you measure barometric pressure in a duct, you 
must ensure that there are negligible pressure losses between the 
atmosphere and your measurement location, and you must account for 
changes in the duct's static pressure resulting from the flow.
    Brake power has the meaning given in the standard-setting part. If 
it is not defined in the standard-setting part, brake power means the 
usable power output of the engine, not including power required to 
fuel, lubricate, or heat the engine, circulate coolant to the engine, 
or to operate aftertreatment devices. If these accessories are not 
powered by the engine during a test, subtract the work required to 
perform these functions from the total work used in brake-specific 
emission calculations. Subtract engine fan work from total work only 
for air-cooled engines.
    Calibration means the set of specifications and tolerances specific 
to a particular design, version, or application of a component or 
assembly capable of functionally describing its operation over its 
working range.
    Certification means obtaining a certificate of conformity for an 
engine family that complies with the emission standards and 
requirements in this part.
    Compression-ignition means relating to a type of reciprocating, 
internal-combustion engine that is not a spark-ignition engine.
    Confidence interval means the range associated with a probability 
that a quantity will be considered statistically equivalent to a 
reference quantity.
    Constant-speed engine means an engine whose certification is 
limited to constant-speed operation. Engines whose constant-speed 
governor function is removed or disabled are no longer constant-speed 
engines.
    Constant-speed operation means engine operation with a governor 
that controls the operator input to maintain an engine at a reference 
speed, even under changing load. For example, an isochronous governor 
changes reference speed temporarily during a load change, then returns 
the engine to its original reference speed after the engine stabilizes. 
Isochronous governors typically allow speed changes up to 1.0%. Another 
example is a speed-droop governor, which has a fixed reference speed at 
zero load and allows the reference speed to decrease as load increases. 
With speed-droop governors, speed typically decreases (3 to 10)% below 
the reference speed at zero load, such that the minimum reference speed 
occurs near the engine's point of maximum power.
    Coriolis meter means a flow-measurement instrument that determines 
the mass flow of a fluid by sensing the vibration and twist of 
specially designed flow tubes as the flow passes through them. The 
twisting characteristic is called the Coriolis effect. According to 
Newton's Second Law of Motion, the amount of sensor tube twist is 
directly proportional to the mass flow rate of the fluid flowing 
through the tube. See Sec.  1065.220.
    Designated Compliance Officer means the Manager, Engine Programs 
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Discrete-mode means relating to the discrete-mode type of steady-
state test described in the standard-setting part.
    Drift means the difference between a zero or calibration signal and 
the respective value reported by a measurement instrument immediately 
after it was used in an emission test, provided that the instrument was 
zeroed and spanned just before the test.
    Duty cycle means a series of speeds and torques that an engine must 
follow during a laboratory test. Duty cycles are specified in the 
standard-setting part. A single duty cycle may consist of one or more 
test intervals. For example, a duty cycle may be a ramped-modal cycle, 
which has one test interval; a cold-start plus hot-start transient 
cycle, which has two test intervals; or a discrete-mode cycle, which 
has one test interval for each mode.
    Electronic control module means an engine's electronic device that 
uses data from engine sensors to control engine parameters.
    Emission-control system means any device, system, or element of 
design that controls or reduces the regulated emissions from an engine.
    Emission-data engine means an engine that is tested for 
certification. This includes engines tested to establish deterioration 
factors.
    Emission-related maintenance means maintenance that substantially 
affects emissions or is likely to substantially affect emission 
deterioration.
    Engine means an engine to which this part applies.
    Engine family means a group of engines with similar emission 
characteristics throughout the useful life, as specified in the 
standard-setting part.
    Exhaust-gas recirculation means a technology that reduces emissions 
by routing exhaust gases that had been exhausted from the combustion 
chamber(s) back into the engine to be mixed with incoming air before or 
during combustion. The use of valve timing to increase the amount of 
residual exhaust gas in the combustion chamber(s) that is mixed with 
incoming air before or during combustion is not considered exhaust-gas 
recirculation for the purposes of this part.
    Fall time, t90-10, means the time interval from (90 to 
10) % of a measurement instrument's response after any step decrease to 
the input.
    Flow-weighted average means the average of a quantity after it is 
weighted proportional to a corresponding flow rate. For example, if a 
gas concentration is measured continuously from the raw exhaust of an 
engine, its flow-weighted average concentration is the sum of the 
products of each recorded concentration times its respective exhaust 
flow rate, divided by the number of recorded values. As another 
example, the bag concentration from a CVS system is the same as the 
flow-weighted average concentration because the CVS system itself flow-
weights the bag concentration.
    Fuel system means all components involved in transporting, 
metering, and mixing the fuel from the fuel tank to the combustion 
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel 
filters, fuel lines, carburetor or fuel-injection components, and all 
fuel-system vents.
    Fuel type means a general category of fuels such as gasoline or 
LPG. There can be multiple grades within a single type of fuel, such as 
summer-grade gasoline and winter-grade gasoline.
    Good engineering judgment means judgments made consistent with 
generally accepted scientific and engineering principles and all 
available relevant information. See 40 CFR 1068.5 for the 
administrative process we use to evaluate good engineering judgment.
    HEPA filter means high-efficiency particulate air filters that are 
rated to achieve a minimum particle-removal efficiency of 99.97% using 
ASTM F 1471-93 (incorporated by reference in Sec.  1065.1010).
    Identification number means a unique specification (for example, a 
model number/serial number combination) that allows someone to 
distinguish a particular engine from other similar engines.
    Idle speed means the lowest engine speed possible with zero load 
where an engine governor function controls engine speed. For engines 
without a governor function that controls idle speed, idle speed means 
the

[[Page 55003]]

manufacturer-declared value for lowest engine speed possible with zero 
load. Note that warm idle speed is the idle speed of a warmed-up 
engine.
    Intermediate test speed has the meaning we give in Sec.  1065.610.
    Linearity means the degree to which measured values agree with 
respective reference values. Linearity is quantified using a linear 
regression of pairs of measured values and reference values over the 
range from the minimum to the maximum values expected or observed 
during testing. Perfect linearity would result in an intercept value of 
zero and a slope of one. (Note: The term ``linearity'' is not used in 
this part to refer to the shape of a measurement instrument's 
unprocessed response curve, such as a curve relating emission 
concentration to voltage output. A properly performing instrument with 
a nonlinear response curve will meet linearity specifications.)
    Manufacturer has the meaning given in section 216(1) of the Act. In 
general, this term includes any person who manufactures an engine or 
vehicle for sale in the United States or otherwise introduces a new 
nonroad engine into commerce in the United States. This includes 
importers who import engines or vehicles for resale.
    Maximum engine speed has the meaning we give in Sec.  1065.610.
    Maximum test torque has the meaning we give in Sec.  1065.610.
    NIST-traceable means relating to a standard value that can be 
related to NIST-stated references through an unbroken chain of 
comparisons, all having stated uncertainties.
    Noise means the precision of 25 consecutive samples from a 
measurement instrument as it quantifies a zero or reference value. 
Instrument noise, repeatability, and accuracy are determined from the 
same data set. We specify a procedure for determining noise in Sec.  
1065.305.
    Nonmethane hydrocarbons means the sum of all hydrocarbon species 
except methane. Refer to Sec.  1065.660 for NMHC determination.
    Nonroad means relating to nonroad engines.
    Nonroad engine has the meaning we give in 40 CFR 1068.30. In 
general this means all internal-combustion engines except motor vehicle 
engines, stationary engines, engines used solely for competition, or 
engines used in aircraft.
    Operator demand means an engine operator's input to control engine 
output. The operator may be a person, a governor, or other controller 
that mechanically or electronically signals an input that demands 
engine output. Input may be an accelerator pedal or signal, a throttle-
control lever or signal, a fuel lever or signal, a speed lever or 
signal, or a governor setpoint or signal. Output means engine power, P, 
which is the product of engine speed, fn, and engine torque, 
T.
    Oxides of nitrogen means compounds containing only nitrogen and 
oxygen as measured by the procedures specified in this part. Oxides of 
nitrogen are expressed quantitatively as if the NO is in the form of 
NO2, such that you use a molar mass for all oxides of 
nitrogen equivalent to that of NO2. We specify a procedure 
for determining NOX in Sec.  1065.650.
    Oxygenated fuels means fuels composed of oxygen-containing 
compounds, such as ethanol or methanol. Generally, testing engines that 
use oxygenated fuels requires the use of the sampling methods in 
subpart I of this part. However, you should read the standard-setting 
part and subpart I of this part to determine which sampling methods to 
use.
    Partial pressure means the pressure, p attributable to a 
constituent in a gas mixture. For an ideal gas the partial pressure 
divided by the total pressure is equal to the constituent's molar 
concentration, x.
    Precision means the two times the standard deviation of a set of 
measured values of a single zero or reference quantity.
    Procedures means all aspects of engine testing, including the 
equipment specifications, calibrations, calculations and other 
protocols and specifications needed to measure emissions, unless we 
specify otherwise.
    PTFE means polytetrafluoroethylene, which is commonly known as 
TeflonTM.
    Ramped-modal means relating to the ramped-modal type of steady-
state test described in the standard-setting part.
    Regression statistics means any of the set of statistics specified 
in Sec.  1065.602(i) through (l).
    Repeatability means the precision of ten mean measurements of a 
reference quantity. Instrument repeatability, accuracy, and noise must 
be determined from the same data set. We specify a procedure for 
determining repeatability in Sec.  1065.305.
    Revoke has the meaning we give in 40 CFR 1068.30.
    Rise time, t10-90 means the time interval from (10 to 
90)% of a measurement instrument's response after any step increase to 
the input.
    Roughness (or average roughness, Ra) means the size of finely 
distributed vertical surface deviations from a smooth surface, as 
determined when traversing a surface. It is an integral of the absolute 
value of the roughness profile measured over an evaluation length.
    Round means to round numbers according to ASTM E29-02 (incorporated 
by reference in Sec.  1065.1010), unless otherwise specified.
    Scheduled maintenance means adjusting, repairing, removing, 
disassembling, cleaning, or replacing components or systems 
periodically to keep a part or system from failing, malfunctioning, or 
wearing prematurely. It also may mean actions you expect are necessary 
to correct an overt indication of failure or malfunction for which 
periodic maintenance is not appropriate.
    Span means to adjust an instrument so that it gives a proper 
response to a calibration standard that represents between 75% and 100% 
of the maximum value in the instrument range or expected rang of use.
    Spark-ignition means relating to a gasoline-fueled engine or any 
other type of engine with a spark plug (or other sparking device) and 
with operating characteristics significantly similar to the theoretical 
Otto combustion cycle. Spark-ignition engines usually use a throttle to 
regulate intake air flow to control power during normal operation.
    Specified procedures means procedures we specify in this part 1065 
or the standard-setting part.
    Standard-setting part means the part in the Code of Federal 
Regulations that defines emission standards for a particular engine. 
See Sec.  1065.1(a).
    Steady-state means relating to emission tests in which engine speed 
and load are held at a finite set of essentially constant values. 
Steady-state tests are either discrete-mode tests or ramped-modal 
tests.
    Stoichiometric means the ratio of air and fuel such that if the 
fuel were fully oxidized, there would be no remaining fuel or oxygen. 
For example, stoichiometric combustion in a gasoline-fueled engine 
typically occurs at an air-to-fuel mass ratio of about 14.7.
    Test engine means an engine in a test sample.
    Test interval means a duration of time over which you determine 
brake-specific emissions. For example, a standard-setting part may 
specify a complete laboratory duty cycle as a cold-start test interval, 
plus a hot-start test interval. As another example, a standard-setting 
part may specify a field test interval (e.g., an NTE event), as a 
duration of time over which an engine operates within a certain range 
of speed and torque. In cases where multiple test intervals occur, the 
standard-setting parts specify additional calculations

[[Page 55004]]

that weight and combine results to arrive at composite values for 
comparison against the applicable standards.
    Test sample means the collection of engines selected from the 
population of an engine family for emission testing.
    Tolerance means the interval in which 95% of a set of recorded 
values of a certain quantity must lie. Use the specified recording 
frequencies and time intervals to determine if a quantity is within the 
applicable tolerance.
    Total hydrocarbon means the combined mass of organic compounds 
measured by the specified procedure for measuring total hydrocarbon, 
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 
1.85:1.
    Total hydrocarbon equivalent means the sum of the carbon mass 
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes, 
or other organic compounds that are measured separately as contained in 
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled 
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is 
1.85:1.
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
    Useful life means the period during which a new nonroad engine is 
required to comply with all applicable emission standards. The 
standard-setting part defines the specific useful-life periods for 
individual engines.
    Variable-speed engine means an engine that is not a constant-speed 
engine.
    Vehicle means any vehicle, vessel, or type of equipment using 
engines to which this part applies. For purposes of this part, vehicle 
may include immobile machines.
    We (us, our) means the Administrator of the Environmental 
Protection Agency and any authorized representatives.
    Zero means to adjust an instrument so it gives a zero response to a 
zero calibration standard, such as purified nitrogen or purified air 
for measuring concentrations of emission constituents.


Sec.  1065.1005  Symbols, abbreviations, acronyms, and units of 
measure.

    The procedures in this part generally follow the International 
System of Units (SI), as detailed in NIST Special Publication 811, 1995 
Edition, ``Guide for the Use of the International System, of Units 
(SI),'' which we incorporate by reference in Sec.  1065.1010. See Sec.  
1065.25 for specific provisions related to these conventions. This 
section summarizes the way we use symbols, units of measure, and other 
abbreviations.
    (a) Symbols for quantities. This part uses the following symbols 
and units of measure for various quantities:
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Sec.  1065.1010  Reference materials.

    Documents listed in this section have been incorporated by 
reference into this part. The Director of the Federal Register approved 
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and 
Radiation Docket and Information Center, 1301 Constitution Ave., NW., 
Room B102, EPA West Building, Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (a) ASTM material. Table 1 of this section lists material from the 
American Society for Testing and Materials that we have incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the sections of this part where we reference 
it. Anyone may purchase copies of these materials from the American 
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700, 
West Conshohocken, PA 19428. Table 1 follows:

              Table 1 of Sec.   1065.1010.--ASTM Materials
------------------------------------------------------------------------
             Document number and name                Part 1065 reference
------------------------------------------------------------------------
ASTM D 86-03, Standard Test Method for                 1065.73, 1065.710
 Distillation of Petroleum Products at Atmospheric
 Pressure.........................................
ASTM D 93-02a, Standard Test Methods for Flash                  1065.703
 Point by Pensky-Martens Closed Cup Tester........
ASTM D 287-92, (Reapproved 2000), Standard Test                 1065.703
 Method for API Gravity of Crude Petroleum and
 Petroleum Products (Hydrometer Method)...........
ASTM D 323-99a, Standard Test Method for Vapor                  1065.710
 Pressure of Petroleum Products (Reid Method).....
ASTM D 445-03, Standard Test Method for Kinematic               1065.703
 Viscosity of Transparent and Opaque Liquids (and
 the Calculation of Dynamic Viscosity)............
ASTM D 613-03b, Standard Test Method for Cetane                 1065.703
 Number of Diesel Fuel Oil........................
ASTM D 1266-98, Standard Test Method for Sulfur in              1065.710
 Petroleum Products (Lamp Method).................
ASTM D 1319-02a, Standard Test Method for                       1065.710
 Hydrocarbon Types in Liquid Petroleum Products by
 Fluorescent Indicator Adsorption.................
ASTM D 1267-02, Standard Test Method for Gage                   1065.720
 Vapor Pressure of Liquefied Petroleum (LP) Gases
 (LP-Gas Method)..................................
ASTM D 1837-02a, Standard Test Method for                       1065.720
 Volatility of Liquefied Petroleum (LP) Gases.....
ASTM D 1838-03, (Reapproved 2001), Standard Test                1065.720
 Method for Copper Strip Corrosion by Liquefied
 Petroleum (LP) Gases.............................
ASTM D 1945-03, (Reapproved 2001), Standard Test                1065.715
 Method for Analysis of Natural Gas by Gas
 Chromatography...................................
ASTM D 2158-02, Standard Test Method for Residues               1065.720
 in Liquefied Petroleum (LP) Gases................
ASTM D 2163-91, (Reapproved 1996), Standard Test                1065.720
 Method for Analysis of Liquefied Petroleum (LP)
 Gases and Propene Concentrates by Gas
 Chromatography...................................
ASTM D 2598-02, Standard Practice for Calculation               1065.720
 of Certain Physical Properties of Liquefied
 Petroleum (LP) Gases from Compositional Analysis.
ASTM D 2622-03, Standard Test Method for Sulfur in              1065.703
 Petroleum Products by Wavelength Dispersive X-ray
 Fluorescence Spectrometry........................
ASTM D 2713-91, (Reapproved 2001), Standard Test                1065.720
 Method for Dryness of Propane (Valve Freeze
 Method)..........................................
ASTM D 2784-98, Standard Test Method for Sulfur in              1065.720
 Liquefied Petroleum Gases (Oxy-Hydrogen Burner or
 Lamp)............................................
ASTM D 2986-95a, (Reapproved 1999), Standard                    1065.170
 Practice for Evaluation of Air Assay Media by the
 Monodisperse DOP (Dioctyl Phthalate) Smoke Test..
ASTM D 3231-02, Standard Test Method for                        1065.710
 Phosphorus in Gasoline...........................
ASTM D 3237-02, Standard Test Method for Lead in                1065.710
 Gasoline By Atomic Absorption Spectroscopy.......
ASTM D 5186-03, Standard Test Method for                        1065.703
 Determination of the Aromatic Content and
 Polynuclear Aromatic Content of Diesel Fuels and
 Aviation Turbine Fuels By Supercritical Fluid
 Chromatography...................................
ASTM E 617-97, (Reapproved 2003), Standard                      1065.790
 Specification for Laboratory Weights and
 Precision Mass Standards.........................
ASTM F 1471-93, (Reapproved 2001), Standard Test                1065.140
 Method for Air Cleaning Performance of a High-
 Efficiency Particulate Air Filter System.........
------------------------------------------------------------------------

    (b) ISO material. Table 2 of this section lists material from the 
International Organization for Standardization that we have 
incorporated by reference. The first column lists the number and name 
of

[[Page 55011]]

the material. The second column lists the section of this part where we 
reference it. Anyone may purchase copies of these materials from the 
International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland. Table 2 follows:

               Table 2 of Sec.   1065.1010.--ISO Materials
------------------------------------------------------------------------
             Document number and name                Part 1065 reference
------------------------------------------------------------------------
ISO 8178-1, Reciprocating internal combustion        1065.130, 1065.135,
 engines--Exhaust emission measurement--Part 1:       1065.140, 1065.155
 Test-bed measurement of gaseous and particulate
 exhaust emissions, 2004..........................
ISO 14644-1, Cleanrooms and associated controlled               1065.190
 environments.....................................
------------------------------------------------------------------------

    (c) NIST material. Table 3 of this section lists material from the 
National Institute of Standards and Technology that we have 
incorporated by reference. The first column lists the number and name 
of the material. The second column lists the section of this part where 
we reference it. Anyone may request these materials from the National 
Institute of Standards and Technology, NIST, 100 Bureau Drive, Stop 
3460, Gaithersburg, MD 20899-3460. Table 3 follows:

              Table 3 of Sec.   1065.1010.--NIST Materials
------------------------------------------------------------------------
             Document number and name                Part 1065 reference
------------------------------------------------------------------------
Special Publication 811, 1995 Edition, Guide for      1065.20, 1065.650,
 the Use of the International System of Units                  1065.1005
 (SI), Barry N. Taylor, Physics Laboratory........
------------------------------------------------------------------------

    (d) SAE material. Table 4 of this section lists material from the 
Society of Automotive Engineering that we have incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the sections of this part where we reference 
it. Anyone may purchase copies of these materials from the Society of 
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096. 
Table 4 follows:

               Table 4 of Sec.   1065.1010.--SAE Materials
------------------------------------------------------------------------
             Document number and name                Part 1065 reference
------------------------------------------------------------------------
``Optimization of Flame Ionization Detector for                 1065.360
 Determination of Hydrocarbon in Diluted
 Automotive Exhausts,'' Reschke Glen D., SAE
 770141...........................................
``Relationships Between Instantaneous and Measured              1065.201
 Emissions in Heavy Duty Applications,'' Ganesan
 B. and Clark N. N., West Virginia University, SAE
 2001-01-3536.....................................
------------------------------------------------------------------------

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS

    260. The authority citation for part 1068 is revised to read as 
follows:

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

    261. Section 1068.10 is revised to read as follows:


Sec.  1068.10  What provisions apply to confidential information?

    (a) Clearly show what you consider confidential by marking, 
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40 
CFR part 2. Also, we will disclose it only as specified in 40 CFR part 
2. This applies both to any information you send us and to any 
information we collect from inspections, audits, or other site visits.
    (c) If you send us a second copy without the confidential 
information, we will assume it contains nothing confidential whenever 
we need to release information from it.
    (d) If you send us information without claiming it is confidential, 
we may make it available to the public without further notice to you, 
as described in 40 CFR 2.204.
    262. Section 1068.30 is amended by revising the definition for 
``United States'' and adding definitions for ``Days'', ``Defeat 
device'', ``Exempted'', ``Good engineering judgment'', ``Motor 
vehicle'', ``Revoke'', ``Suspend'', and ``Void'' in alphabetical order 
to read as follows:


Sec.  1068.30  What definitions apply to this part?

* * * * *
    Days means calendar days, including weekends and holidays.
    Defeat device means has the meaning we give in the standard-setting 
part.
* * * * *
    Exempted means relating to an engine that is not required to meet 
otherwise applicable standards. Exempted engines must conform to 
regulatory conditions specified for an exemption in this part 1068 or 
in the standard-setting part. Exempted engines are deemed to be 
``subject to'' the standards of the standard-setting part, even though 
they are not required to comply with the otherwise applicable 
requirements. Engines exempted with respect to a certain tier of 
standards may be required to comply with an earlier tier of standards 
as a condition of the exemption; for example, engines exempted with 
respect to Tier 2 standards may be required to comply with Tier 1 
standards.
    Good engineering judgment means judgments made consistent with 
generally accepted scientific and engineering principles and all 
available relevant information. See 40 CFR 1068.5 for the 
administrative process we use to evaluate good engineering judgment.
* * * * *

[[Page 55012]]

    Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In 
general, motor vehicle means any vehicle that EPA deems to be capable 
of safe and practical use on streets or highways that has a maximum 
ground speed above 40 kilometers per hour (25 miles per hour) over 
level, paved surfaces.
* * * * *
    Revoke means to terminate the certificate or an exemption for an 
engine family. If we revoke a certificate or exemption, you must apply 
for a new certificate or exemption before continuing to introduce the 
affected engines into commerce. This does not apply to engines you no 
longer possess.
* * * * *
    Suspend means to temporarily discontinue the certificate or an 
exemption for an engine family. If we suspend a certificate, you may 
not introduce into commerce engines from that engine family unless we 
reinstate the certificate or approve a new one. If we suspend an 
exemption, you may not introduce into commerce engines that were 
previously covered by the exemption unless we reinstate the exemption.
* * * * *
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
    Void means to invalidate a certificate or an exemption ab initio. 
If we void a certificate, all the engines introduced into commerce 
under that engine family for that model year are considered 
noncompliant, and you are liable for each engine introduced into 
commerce under the certificate and may face civil or criminal penalties 
or both. This applies equally to all engines in the engine family, 
including engines introduced into commerce before we voided the 
certificate. If we void an exemption, all the engines introduced into 
commerce under that exemption are considered uncertified (or 
nonconforming), and you are liable for each engine introduced into 
commerce under the exemption and may face civil or criminal penalties 
or both. You may not introduce into commerce any additional engines 
using the voided exemption.
* * * * *
    263. Section 1068.101 is amended by revising the introductory text 
and paragraphs (a) and (b) to read as follows:


Sec.  1068.101  What general actions does this regulation prohibit?

    This section specifies actions that are prohibited and the maximum 
civil penalties that we can assess for each violation. The maximum 
penalty values listed in paragraphs (a) and (b) of this section are 
shown for calendar year 2004. As described in paragraph (e) of this 
section, maximum penalty limits for later years are set forth in 40 CFR 
part 19.
    (a) The following prohibitions and requirements apply to 
manufacturers of new engines and manufacturers of equipment containing 
these engines, except as described in subparts C and D of this part:
    (1) Introduction into commerce. You may not sell, offer for sale, 
or introduce or deliver into commerce in the United States or import 
into the United States any new engine or equipment after emission 
standards take effect for that engine or equipment, unless it has a 
valid certificate of conformity for its model year and the required 
label or tag. You also may not take any of the actions listed in the 
previous sentence with respect to any equipment containing an engine 
subject to this part's provisions, unless the engine has a valid and 
appropriate certificate of conformity and the required engine label or 
tag. For purposes of this paragraph (a)(1), an appropriate certificate 
of conformity is one that applies for the same model year as the model 
year of the equipment (except as allowed by Sec.  1068.105(a)), covers 
the appropriate category of engines (such as locomotive or CI marine), 
and conforms to all requirements specified for equipment in the 
standard-setting part. The requirements of this paragraph (a)(1) also 
cover new engines you produce to replace an older engine in a piece of 
equipment, unless the engine qualifies for the replacement-engine 
exemption in Sec.  1068.240. We may assess a civil penalty up to 
$32,500 for each engine in violation.
    (2) Reporting and recordkeeping. This chapter requires you to 
record certain types of information to show that you meet our 
standards. You must comply with these requirements to make and maintain 
required records (including those described in Sec.  1068.501). You may 
not deny us access to your records or the ability to copy your records 
if we have the authority to see or copy them. Also, you must give us 
the required reports or information without delay. Failure to comply 
with the requirements of this paragraph is prohibited. We may assess a 
civil penalty up to $32,500 for each day you are in violation.
    (3) Testing and access to facilities. You may not keep us from 
entering your facility to test engines or inspect if we are authorized 
to do so. Also, you must perform the tests we require (or have the 
tests done for you). Failure to perform this testing is prohibited. We 
may assess a civil penalty up to $32,500 for each day you are in 
violation.
    (b) The following prohibitions apply to everyone with respect to 
the engines to which this part applies:
    (1) Tampering. You may not remove or disable a device or element of 
design that may affect an engine's emission levels. This restriction 
applies before and after the engine is placed in service. Section 
1068.120 describes how this applies to rebuilding engines. For a 
manufacturer or dealer, we may assess a civil penalty up to $32,500 for 
each engine in violation. For anyone else, we may assess a civil 
penalty up to $2,750 for each engine in violation. This prohibition 
does not apply in any of the following situations:
    (i) You need to repair an engine and you restore it to proper 
functioning when the repair is complete.
    (ii) You need to modify an engine to respond to a temporary 
emergency and you restore it to proper functioning as soon as possible.
    (iii) You modify a new engine that another manufacturer has already 
certified to meet emission standards and recertify it under your own 
engine family. In this case you must tell the original manufacturer not 
to include the modified engines in the original engine family.
    (2) Defeat devices. You may not knowingly manufacture, sell, offer 
to sell, or install, an engine part that bypasses, impairs, defeats, or 
disables the engine's control of the emissions of any pollutant. We may 
assess a civil penalty up to $2,750 for each part in violation.
    (3) Stationary engines. For an engine that is excluded from any 
requirements of this chapter because it is a stationary engine, you may 
not move it or install it in any mobile equipment, except as allowed by 
the provisions of this chapter. You may not circumvent or attempt to 
circumvent the residence-time requirements of paragraph (2)(iii) of the 
nonroad engine definition in Sec.  1068.30. We may assess a civil 
penalty up to $32,500 for each day you are in violation.
    (4) Competition engines. For an uncertified engine or piece of 
equipment that is excluded or exempted from any requirements of this 
chapter because it is to be used solely for competition, you may not 
use it in a manner that is inconsistent with use

[[Page 55013]]

solely for competition. We may assess a civil penalty up to $32,500 for 
each day you are in violation.
    (5) Importation. You may not import an uncertified engine or piece 
of equipment if it is defined to be new in the standard-setting part 
and it is built after emission standards start to apply in the United 
States. We may assess a civil penalty up to $32,500 for each day you 
are in violation. Note the following:
    (i) The definition of new is broad for imported engines; 
uncertified engines and equipment (including used engines and 
equipment) are generally considered to be new when imported.
    (ii) Engines that were originally manufactured before applicable 
EPA standards were in effect are generally not subject to emission 
standards.
    (6) Warranty. You must meet your obligation to honor your emission-
related warranty under Sec.  1068.115 and to fulfill any applicable 
responsibilities to recall engines under Sec.  1068.505. Failure to 
meet these obligations is prohibited. We may assess a civil penalty up 
to $32,500 for each engine in violation.
* * * * *
    264. Section 1068.105 is amended by revising paragraph (a) to read 
as follows:


Sec.  1068.105  What other provisions apply to me specifically if I 
manufacture equipment needing certified engines?

* * * * *
    (a) Transitioning to new engine-based standards. If new emission 
standards apply in a given model year, your equipment in that model 
year must have engines that are certified to the new standards, except 
that you may use up your normal inventory of earlier engines that were 
built before the date of the new or changed standards. For example, if 
your normal inventory practice is to keep on hand a one-month supply of 
engines based on your upcoming production schedules, and a new tier of 
standard starts to apply for the 2015 model year, you may order engines 
based on your normal inventory requirements late in the engine 
manufacturer's 2014 model year and install those engines in your 
equipment, regardless of the date of installation. Also, if your model 
year starts before the end of the calendar year preceding new 
standards, you may use engines from the previous model year for those 
units you produce before January 1 of the year that new standards 
apply. If emission standards do not change in a given model year, you 
may continue to install engines from the previous model year without 
restriction. You may not circumvent the provisions of Sec.  
1068.101(a)(1) by stockpiling engines that were built before new or 
changed standards take effect. Note that this allowance does not apply 
for equipment subject to equipment-based standards.
* * * * *
    265. Section 1068.110 is amended by revising paragraph (e) to read 
as follows:


Sec.  1068.110  What other provisions apply to engines in service?

* * * * *
    (e) Warranty and maintenance. Owners are responsible for properly 
maintaining their engines; however, owners may make warranty claims 
against the manufacturer for all expenses related to diagnosing and 
repairing or replacing emission-related parts, as described in Sec.  
1068.115. The warranty period begins when the engine is first placed 
into service. See the standard-setting part for specific requirements. 
It is a violation of the Act for anyone to disable emission controls; 
see Sec.  1068.101(b)(1) and the standard-setting part.
    266. Section 1068.115 is amended by revising paragraph (a) to read 
as follows:


Sec.  1068.115  When must manufacturers honor emission-related warranty 
claims?

* * * * *
    (a) As a certifying manufacturer, you may deny warranty claims only 
for failures that have been caused by the owner's or operator's 
improper maintenance or use, by accidents for which you have no 
responsibility, or by acts of God. For example, you would not need to 
honor warranty claims for failures that have been directly caused by 
the operator's abuse of an engine or the operator's use of the engine 
in a manner for which it was not designed, and are not attributable to 
you in any way.
* * * * *
    267. Section 1068.125 is amended by revising paragraph (b) 
introductory text to read as follows:


Sec.  1068.125  What happens if I violate the regulations?

* * * * *
    (b) Administrative penalties. Instead of bringing a civil action, 
we may assess administrative penalties if the total is less than 
$270,000 against you individually. This maximum penalty may be greater 
if the Administrator and the Attorney General jointly determine that is 
appropriate for administrative penalty assessment, or if the limit is 
adjusted under 40 CFR part 19. No court may review such a 
determination. Before we assess an administrative penalty, you may ask 
for a hearing (subject to 40 CFR part 22). The Administrator may 
compromise or remit, with or without conditions, any administrative 
penalty that may be imposed under this section.
* * * * *
    268. Section 1068.201 is amended by revising paragraph (i) to read 
as follows:


Sec.  1068.201  Does EPA exempt or exclude any engines from the 
prohibited acts?

* * * * *
    (i) If you want to take an action with respect to an exempted or 
excluded engine that is prohibited by the exemption or exclusion, such 
as selling it, you need to certify the engine. We will issue a 
certificate of conformity if you send us an application for 
certification showing that you meet all the applicable requirements 
from the standard-setting part and pay the appropriate fee. Also, in 
some cases, we may allow manufacturers to modify the engine as needed 
to make it identical to engines already covered by a certificate. We 
would base such an approval on our review of any appropriate 
documentation. These engines must have emission control information 
labels that accurately describe their status.
    269. Section 1068.240 is amended by revising paragraph (d) to read 
as follows:


Sec.  1068.240  What are the provisions for exempting new replacement 
engines?

* * * * *
    (d) If the engine being replaced was certified to emission 
standards less stringent than those in effect when you produce the 
replacement engine, add a permanent label with your corporate name and 
trademark and the following language:

    THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS 
FOR [APPLICABLE MODEL YEAR] ENGINES UNDER 40 CFR 1068.240. SELLING 
OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A 
NONROAD ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year 
reflecting when the next tier of emission standards began to apply] 
MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

* * * * *
    270. Section 1068.245 is amended by revising paragraphs (a)(4) and 
(f)(4) to read as follows:


Sec.  1068.245  What temporary provisions address hardship due to 
unusual circumstances?

    (a) * * *
    (4) No other allowances are available under the regulations in this 
chapter to avoid the impending violation, including the provisions of 
Sec.  1068.250.
* * * * *

[[Page 55014]]

    (f) * * *
    (4) One of the following statements:
    (i) If the engine does not meet any emission standards: ``THIS 
ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION STANDARDS AND 
RELATED REQUIREMENTS.''.
    (ii) If the engine meets alternate emission standards as a 
condition of an exemption under this section: ``THIS ENGINE COMPLIES 
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.245.''.
    271. Section 1068.250 is amended by revising paragraph (k)(4) to 
read as follows:


Sec.  1068.250  What are the provisions for extending compliance 
deadlines for small-volume manufacturers under hardship?

* * * * *
    (f) * * *
    (4) One of the following statements:
    (i) If the engine does not meet any emission standards: ``THIS 
ENGINE IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION STANDARDS AND 
RELATED REQUIREMENTS.''.
    (ii) If the engine meets alternate emission standards as a 
condition of an exemption under this section: ``THIS ENGINE COMPLIES 
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.250.''.
    272. Section 1068.255 is amended by revising paragraphs (a) 
introductory text and (b)(4) to read as follows:


Sec.  1068.255  What are the provisions for exempting engines for 
hardship for equipment manufacturers and secondary engine 
manufacturers?

* * * * *
    (a) Equipment exemption. As an equipment manufacturer, you may ask 
for approval to produce exempted equipment for up to 12 months. We will 
generally limit this to the first year that new or revised emission 
standards apply. Send the Designated Officer a written request for an 
exemption before you are in violation. In your request, you must show 
you are not at fault for the impending violation and that you would 
face serious economic hardship if we do not grant the exemption. This 
exemption is not available under this paragraph (a) if you manufacture 
the engine you need for your own equipment or if complying engines are 
available from other engine manufacturers that could be used in your 
equipment, unless we allow it elsewhere in this chapter. We may impose 
other conditions, including provisions to use an engine meeting less 
stringent emission standards or to recover the lost environmental 
benefit. In determining whether to grant the exemptions, we will 
consider all relevant factors, including the following:
* * * * *
    (b) * * *
    (4) One of the following statements:
    (i) If the engine does not meet any emission standards: ``THIS 
ENGINE IS EXEMPT UNDER 40 CFR 1068.255 FROM EMISSION STANDARDS AND 
RELATED REQUIREMENTS.''.
    (ii) If the engine meets alternate emission standards as a 
condition of an exemption under this section: ``THIS ENGINE COMPLIES 
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.255.''.
* * * * *
    273. Section 1068.260 is amended by revising paragraphs (a)(4), 
(a)(6)(i), and (f) and adding paragraph (g) to read as follows:


Sec.  1068.260  What are the provisions for temporarily exempting 
engines for delegated final assembly?

    (a) * * *
    (4) Include the cost of all aftertreatment components (including 
shipping costs) in the cost of the engine.
* * * * *
    (6) * * *
    (i) Obtain annual affidavits from every equipment manufacturer to 
whom you sell engines under this section. Include engines that you sell 
through distributors or dealers. The affidavits must list the part 
numbers of the aftertreatment devices that equipment manufacturers 
install on each engine they purchase from you under this section.
* * * * *
    (f) You are liable for the in-use compliance of any engine that is 
exempt under this section.
    (g) It is a violation of the Act for any person to complete 
assembly of the exempted engine without complying fully with the 
installation instructions.
    274. A new Sec.  1068.265 is added to subpart C to read as follows:


Sec.  1068.265  What provisions apply to engines that are conditionally 
exempted from certification?

    Engines produced under an exemption for replacement engines (Sec.  
1068.240) or for hardship (Sec.  1068.245, Sec.  1068.250, or Sec.  
1068.255) may need to meet alternate emission standards as a condition 
of the exemption. The standard-setting part may similarly exempt 
engines from all certification requirements, or allow us to exempt 
engines from all certification requirements for certain cases, but 
require the engines to meet alternate standards. In these cases, all 
the following provisions apply:
    (a) Your engines must meet the alternate standards we specify in 
(or pursuant to) the exemption section, and all other requirements 
applicable to engines that are subject to such standards.
    (b) You need not apply for and receive a certificate for the exempt 
engines. However, you must comply with all the requirements and 
obligations that would apply to the engines if you had received a 
certificate of conformity for them, unless we specifically waive 
certain requirements.
    (c) You must have emission data from test engines using the 
appropriate procedures that demonstrate compliance with the alternate 
standards, unless the engines are identical in all material respects to 
engines that you have previously certified to standards that are the 
same as, or more stringent than, the alternate standards.
    (d) Unless we specify otherwise elsewhere in this part or in the 
standard-setting part, you must meet the labeling requirements in the 
standard-setting part, with the following exceptions:
    (1) Instead of an engine family designation, use a modified 
designation to identify the group of engines that would otherwise be 
included in the same engine family.
    (2) Instead of the compliance statement required in the standard-
setting part, add the following statement: ``THIS ENGINE MEETS U.S. EPA 
EMISSION STANDARDS UNDER 40 CFR 1068.265.''.
    (e) You may not generate emission credits for averaging, banking, 
or trading with engines meeting requirements under the provisions of 
this section.
    (f) Keep records to show that you meet the alternate standards, as 
follows:
    (1) If your exempted engines are identical to previously certified 
engines, keep your most recent application for certification for the 
certified engine family.
    (2) If you previously certified a similar engine family, but have 
modified the exempted engine in a way that changes it from its 
previously certified configuration, keep your most recent application 
for certification for the certified engine family, a description of the 
relevant changes, and any test data or engineering evaluations that 
support your conclusions.
    (3) If you have not previously certified a similar engine family, 
keep all the records we specify for the application for certification 
and any additional

[[Page 55015]]

records the standard-setting part requires you to keep.
    (g) We may require you to send us an annual report of the engines 
you produce under this section.
    275. Section 1068.315 is amended by revising paragraphs (f)(2)(i) 
and (f)(2)(iii) to read as follows:


Sec.  1068.315  What are the permanent exemptions for imported engines?

* * * * *
    (f) * * *
    (2) * * *
    (i) You have owned the engine for at least six months.
* * * * *
    (iii) You use data or evidence sufficient to show that the engine 
is in a configuration that is identical to an engine the original 
manufacturer has certified to meet emission standards that apply at the 
time the manufacturer finished assembling or modifying the engine in 
question. If you modify the engine to make it identical, you must 
completely follow the original manufacturer's written instructions.
* * * * *
    276. Section 1068.410 is amended by adding paragraph (j) to read as 
follows:


Sec.  1068.410  How must I select and prepare my engines?

* * * * *
    (j) Retesting after reaching a fail decision. You may retest your 
engines once a fail decision for the audit has been reached based on 
the first test on each engine under Sec.  1068.420(c). You may test 
each engine up to a total of three times, but you must perform the same 
number of tests on each engine. You may further operate the engine to 
stabilize emission levels before testing, subject to the provisions of 
paragraph (f) of this section. We may approve retesting at other times 
if you send us a request with satisfactory justification.
    277. Section 1068.510 is amended by revising paragraph (a)(10) and 
adding paragraph (i) to read as follows:


Sec.  1068.510  How do I prepare and apply my remedial plan?

    (a)* * *
    (10) If your employees or authorized warranty agents will not be 
doing the work, state who will and describe their qualifications.
* * * * *
    (i) For purposes of recall, owner means someone who owns an engine 
affected by a remedial plan or someone who owns a piece of equipment 
that has one of these engines.


Sec.  1068.540  [Removed]

    278. Remove Sec.  1068.540.
[FR Doc. 04-19223 Filed 9-9-04; 8:45 am]
BILLING CODE 6560-50-P