[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Rules and Regulations]
[Pages 40420-40612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11534]



[[Page 40419]]

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

Part II





Environmental Protection Agency





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



40 CFR Parts 85, 86, et al.



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

  Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / 
Rules and Regulations  

[[Page 40420]]


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

ENVIRONMENTAL PROTECTION AGENCY

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

[AMS-FRL-7922-5]
RIN 2060-AM35


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Rule.

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

SUMMARY: This regulation revises and harmonizes test procedures from 
the various EPA programs for controlling engine emissions. It does not 
change emission standards, nor is it intended to change the emission 
reductions expected from these EPA programs. Rather, it amends the 
regulations that describe 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 updated testing 
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and 
recreational vehicles. The revisions in this final rule 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 
amendments better specify the procedures applicable to field testing 
under the regulations.
    This action also applies the updated testing 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: This final rule is effective September 12, 2005.
    The incorporation by reference of certain publications listed in 
this regulation is approved by the Director of the Federal Register as 
of September 12, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2004-0017. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
EDOCKET or in hard copy at the Air Docket in the EPA Docket Center, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION:

A. Regulated Entities

    This action affects companies that manufacture or sell engines. 
Regulated categories and entities include:

------------------------------------------------------------------------
                                                         Examples of
            Category                NAICS codes a        potentially
                                                      regulated entities
------------------------------------------------------------------------
Industry.......................  333618............  Manufacturers of
                                                      new engines.
------------------------------------------------------------------------
a 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 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 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 rule 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 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 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.

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. Standard-Setting Changes that Apply to Multiple Categories

[[Page 40421]]

    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 revising 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.
---------------------------------------------------------------------------

    \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/otaq/largesi.htm.
---------------------------------------------------------------------------

    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 will be reflected in the standard-setting 
parts of the regulations.
    In addition to reorganizing and rewriting the test procedures for 
improved clarity, we are making 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.
    We are adopting the lab-testing and field-testing specifications in 
part 1065 for all heavy-duty highway engines, as described in Section 
II.J. These procedures replace those currently published in subpart N 
in 40 CFR part 86. We are making a gradual transition from the part 86 
procedures. For several years, manufacturers will be able to optionally 
use the part 1065 procedures. By the 2010 model year, part 1065 
procedures will be required for any new testing. For all testing 
completed for 2009 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 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 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. For example, we expect to propose in 
the near future new regulations for locomotives, marine engines, and 
several types of nonroad SI engines. We are likely to consider some 
changes to part 1065 in each of these rulemakings.

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 
initially adopted in part 1065 were sufficient to conduct testing, but 
in this final rule we have reorganized these procedures and added 
content to make various improvements. In particular, we have 
reorganized 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 verifications; for measurement systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for laboratory 
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 and portable emissions measurement systems
Subpart K: definitions, references, and symbols

    The regulations now prescribe scaled 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 this single set of specifications will cover the

[[Page 40422]]

full range of engine sizes and our full range of emission standards. 
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 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, there is new content 
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, using portable emissions 
measurement systems, and performing field testing. A full description 
of the changes is in the Technical Support Document that accompanies 
this final rule (this document is available in the docket for this 
rulemaking).
    The new content also reflects a shift in our approach for 
specifying measurement performance. In the past we specified numerous 
calibration accuracies for individual measurement instruments, and we 
specified some verifications 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 verifications, 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 have organized the new content relating to measurement systems 
performance into subparts C and D. We specify measurement instruments 
in subpart C and calibrations and periodic system verifications in 
subpart D. These two subparts apply to both laboratory and field 
testing. We have organized content specific to running a laboratory 
emissions test in subpart F, and we separated content specific to field 
testing in subpart J.
    In subpart C we specify the types of acceptable instruments, but we 
only recommend individual instrument performance. We provide these 
recommendations as guidance for procuring new instruments. We feel that 
the periodic verifications that we require in subpart D will 
sufficiently evaluate the individual instruments as part of their 
respective overall measurement systems. In subpart F we specify 
performance validations that must be conducted as part of every 
laboratory test. In subpart J we specify similar performance 
validations for field testing that must be conducted as part of every 
field test. We feel that the periodic verifications in subpart D and 
the validations for every test that we prescribed in subparts F and J 
ensure that complete measurement systems are operating properly.
    In subpart J we also specify an additional overall verification of 
portable emissions measurement systems (PEMS). This verification is a 
comprehensive comparison of a PEMS versus a laboratory system, and it 
may take several days of laboratory time to set up, run, and evaluate. 
However, we only require that this particular verification must be 
performed at least once for a given make, model, and configuration of a 
field test system.
    Below is a brief description of the content of each subpart, 
highlighting some of the new content. We also highlight the more 
significant changes from the regulatory language that was proposed in 
our responses to public comments. See the TSD for a more complete 
listing of the changes and comments to our proposed part 1065.
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. In Sec.  1065.10(c)(1), 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. We 
have revised the proposed regulatory language for this requirement to 
clarify the manufacturers' requirements and the process that we would 
use to make changes to the test procedures in these cases.
    Other information in this subpart includes a description of 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 this same subpart, we describe how continuous and batch sampling 
may be used to determine total emissions. We also describe the two ways 
of determining total work that we approve. Note that the figure 
indicates our default procedures and those procedures that require 
additional approval before we will allow them.
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 also describes sampling dilution systems. These include 
specifications for the allowable components, materials, pressures, and 
temperatures. We describe how to sample crankcase emissions. We also 
now allow limited use of partial-flow dilution for PM sampling. 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

[[Page 40423]]

measurement systems meet the calibrations and verifications Subpart D.
    In some cases we allow new instrument types to be used where we 
previously did not allow them. For example, we now allow the use of a 
nonmethane cutter for NMHC measurement, a nondispersive ultraviolet 
analyzers for NOX measurement, zirconia sensors for 
O2 measurement, various raw-exhaust flow meters for 
laboratory and field testing measurement, and an ultrasonic flow meter 
for CVS systems. We had proposed to also allow zirconia sensors for 
NOX measurement, but we are not finalizing that option at 
this time because of manufacturer concerns about drift and sensor 
response to NO2 and NH3.
4. Subpart D: Calibrations and Verifications
    Subpart D describes what we mean when we specify accuracy, 
repeatability and other parameters in subpart C. We are adopting 
calibrations and verifications that scale with engine size and with the 
emission standards to which an engine is certified. We are replacing 
some of what we have called ``calibrations'' in the past with a series 
of verifications, such as a linearity verification, which essentially 
verifies 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 existing calibration specifications sometimes 
conflicted with an instrument manufacturer's instructions. In addition, 
there are new verifications in subpart D to ensure that the new 
instruments we specify in subpart C are used correctly. The most 
significant changes in this subpart from the proposal are that we split 
the language for continuous gas analyzer verification into two sections 
(Sec. Sec.  1065.308 and 1065.309), we provide more detailed 
descriptions for the FID O2 interference verifications 
(Sec.  1065.362) and NMHC cutter setups (Sec.  1065.365), and we added 
Sec.  1065.395 for inertial PM balance verification.
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 proposed 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 
proposed an improved way to map and generate cycles for constant-speed 
engines that would better represent in-use engine operation. We have 
modified this language slightly to reflect the different ways in which 
constant-speed test cycles can be specified. We are adopting a more 
streamlined set of test cycle and validation criteria. We allow modest 
corrections for drift of emission analyzer signals within a certain 
range. We are also adopting a recommended procedure for weighing PM 
samples. We are not finalizing our proposed procedure to correct for 
instrument noise because after receiving many comments, we now 
acknowledge that the procedure is not robust and applicable to all 
emissions.
7. Subpart G Calculations and Required Information
    Subpart G includes all the calculations required in part 1065. We 
are adopting 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 
have written all calculations for calibrations and emission 
calculations in international units to comply with 15 CFR part 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 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 specify emission calculations based on molar quantities for 
flow rates, instead of volume or mass. This change eliminates the 
frequent confusion caused by using 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 
universally constant.
    We have added some detail to the calculations relative to the 
proposed calculations to make them clearer. We also made changes in 
response to comments from manufacturers.
8. Subpart H Fuels, Fluids, and Analytical Gases
    Subpart H specifies test fuels, lubricating oils and coolants, and 
analytical gases for testing. We are eliminating 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 are not identifying any detailed specification for 
service accumulation fuel. Instead, we specify that service 
accumulation fuel may be a test fuel or a commercially available in-use 
fuel. This helps ensure that testing is representative of in-use engine 
operation. We are adding a list of ASTM specifications for in-use fuels 
as examples of appropriate service accumulation fuels. Compared to the 
proposed regulatory language, we have clarified that Sec.  
1065.10(c)(1) does not require test fuels to be more representative 
than the specified test fuels. We have added an allowance to use 
similar test fuels that do not meet all of the specifications, provided 
they do not compromise the manufacturer's ability to demonstrate 
compliance. We also now allow the use of ASTM test methods specified in 
40 CFR part 80 in lieu of those specified in part 1065. We did this 
because we more frequently review and update the ASTM methods in 40 CFR 
part 80 versus those in part 1065.
    We proposed purity specifications for analytical gases that scale 
with the standards that an engine must meet. In the final regulations, 
we have clarified the requirement to use good engineering judgment to 
maintain the stability of these gases, and have tightened the purity 
specification for FID fuel in response to comment.
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. We have made some 
revisions to the proposed text to make it consistent the original 
content of the comparable provisions in 40 CFR part 86. We have also 
added an allowance to use the California NMOG

[[Page 40424]]

test procedures to measure alcohols and carbonyls.
10. Subpart J Field Testing and Portable Emissions Measurement Systems
    We are adopting a wide range of changes to subpart J Field Testing. 
Portable Emissions Measurement Systems (PEMS) must generally meet the 
same specifications and verifications that laboratory instruments must 
meet, according to subparts B, C, and D. However, allow some deviations 
from laboratory specifications. In addition to meeting many of the 
laboratory system requirements, a PEMS must meet an overall 
verification relative to a laboratory measurements. This verification 
involves repeating a duty cycle several times. The duty cycle itself 
must have several individual field-test intervals (e.g., NTE events) 
against which a PEMS is compared to the laboratory system. This is a 
comprehensive verification of a PEMS. We are also adopting a procedure 
for preparing and conducting a field test, and we are adopting drift 
corrections for emission analyzers. Given the evolving state of PEMS 
technology, the field-testing procedures provide for a number of known 
measurement techniques. We have added provisions and conditions for the 
use of PEMS in an engine dynamometer laboratory to conduct laboratory 
testing.
11. Subpart K Definitions, References, and Symbols
    In subpart K we are adopting new and revised definitions of terms 
frequently used 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''. There are new 
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 present a thorough and 
consistent set of symbols, abbreviations, and acronyms.

II. Technical Amendments

A. Standard-Setting Changes That Apply to Multiple Categories

1. Definitions
    We are revising several definitions that apply over more than one 
part of our regulations. These changes are designed to harmonize our 
regulations.
    We are changing 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 harmonizing 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. 
This is consistent with our intent and our analyses in the rulemaking 
to initially set standards for these products. 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.
2. Penalties
    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 and 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 extending these revised penalties into 
each of our emission-control programs.
3. Deterioration Factors for HC+NOX Standards
    Manufacturers requested that we allow them to calculate a single 
deterioration factor for engines that are subject to combined 
HC+NOX emission standards, rather than calculating separate 
deterioration factors for each pollutant. We proposed for some engines 
to clarify that separate deterioration factors were appropriate. In the 
case of spark-ignition engines, it is especially true that changing 
carburetor calibrations and other things affecting air-fuel ratios have 
a direct inverse relationship on HC and NOX emissions. Where 
deterioration factors are based on service accumulation through the 
entire useful life, we believe it is therefore appropriate to base 
deterioration factors for spark-ignition engines subject to 
HC+NOX emission standards on a single deterioration factor 
for the combined pollutants. However, if deteriortion factors are based 
on service accumulation over less than the full useful life, we want to 
avoid the situation where a manufacturer is extrapolating values that 
presume further improvement in the emission levels of any particular 
pollutant. For such testing, we therefore specify that separate 
deterioration factors for each pollutant are appropriate. We are making 
a related, additional change to clarify that manufacturers must include 
both low-hour and deteriorated emission measurements for each 
pollutant, even if the regulations allow for a single deterioration 
factor for HC+NOX emissions together. Compression-ignition 
engines have different wear mechanisms and generally have much longer 
useful-life values, so it is not clear that this approach to allowing 
combined deterioration factor is appropriate for these engines. We may 
further consider applying this change to compression-ignition engines 
in a future rulemaking.
4. Emission Warranty Related to Extended Service Contracts
    Manufacturers objected to our proposal to apply emission-related 
warranty requirements to components for which a consumer pays for an 
extended performance warranty. We agree with the point raised by the 
manufacturers that these service contracts do not necessarily imply 
that the part should last longer, but rather that the manufacturer (or 
a third-party provider) has made a calculation regarding the financial 
and customer service benefits of offering contracts that provide free 
or reduced-cost coverage for certain components after collecting an up-
front charge. We will remove this provision across all engine 
categories.
5. Exemption for Staged Assembly
    Some manufacturers pointed out that they were facing difficulties 
with production processes that required them to ship nearly completed 
engines to one or more different facilities for final assembly. Without 
an exemption, this would violate the applicable prohibited acts, since 
it involves the introduction into commerce an engine that is not in its 
certified configuration. To address this concern, we have adopted an 
exemption that allows manufacturers to assemble engines at multiple 
facilities, as long as they maintain control of the engines at all 
times before final assembly. Manufacturers would need to

[[Page 40425]]

request approval for such an arrangement. EPA approval may be 
conditioned on the manufacturer taking reasonable additional steps to 
ensure that engines end up in their certified configuration. This 
exemption applies to all the engine categories that are subject to 40 
CFR part 1068 (as described in the next section), and to locomotives 
and marine diesel engines.

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

    In addition to the changing test procedures described above, we are 
making various changes to the general compliance provisions in 40 CFR 
part 1068, which currently applies 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.
    There was extensive comment related to the existing provisions in 
Sec.  1068.260 related to the exemption that allows engine 
manufacturers to arrange for shipment of aftertreatment devices 
separately from engines that are intended to rely on aftertreatment. 
Commenters suggested that we relax some of the provisions that were 
intended to prevent noncompliance. We continue to believe the 
provisions adopted in Sec.  1068.260 are appropriate for nonroad 
engines. The more extensive oversight and control mechanisms are 
important to ensuring that engines are assembled correctly, since there 
are so many possible equipment manufacturers and so many different 
business relationships among companies. Given that we are requiring 
engine manufacturers to include the cost of aftertreatment components 
in the price of the engine, we believe it is implicitly clear that the 
engine manufacturer is responsible for shipping costs, so we have 
removed the proposal to restate that in the regulations. We are making 
three other adjustments to the proposal. First, we are removing the 
requirement for engine manufacturers to arrange for direct shipment of 
aftertreatment components from the supplier to the equipment 
manufacturer, since a third party may appropriately be involved to 
produce system assemblies for integration into equipment. Second, we 
are adding a paragraph to clarify that integrated manufacturers can 
meet their auditing requirements by maintaining a database for matching 
up engines with the appropriate aftertreatment components. Third, we 
are adopting the staged-assembly exemption, as described above, which 
would streamline the production process for integrated engine and 
equipment manufacturers and address a wide range of production 
scenarios in addition to separate shipment of aftertreatment 
components.
    The changes to part 1068 include several other minor adjustments 
and corrections. These changes are described in the Technical Support 
Document.

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 adopting some adjustments to part 1039, based on 
information that surfaced late in that rulemaking. See the Technical 
Support Document for a complete discussion of the rulemaking changes 
for these engines.
    We proposed to add a constraint for averaging, banking, and trading 
to prevent manufacturers from including credits earned in California or 
another state if there would ever be a situation in which manufacturers 
would be making engines with lower emissions to meet more stringent 
state standards or to earn emission credits under the state program. In 
the case of nonroad diesel engines, California has adopted our Tier 4 
standards without an emission-credit program that does not involve 
California-specific credit calculations. The proposed provision would 
therefore have no effect for the foreseeable future. We have decided 
not to adopt the proposed provision, but expect to pursue this if 
California adopts more stringent standards or creates a California-
specific emission-credit program for these engines (see 40 CFR 
1051.701(d)(4)).

D. Marine Diesel Engines (40 CFR Part 94)

    We are making several changes to our marine diesel engine program, 
in 40 CFR part 94. These changes are intended to clarify several 
aspects of the program. These changes are described in detail in the 
Technical Support Document. This discussion also elaborates on our 
interpretation of various provisions. For example, we describe how to 
determine which standards apply to amphibious vehicles and hovercraft. 
We also explain how we interpret the term ``marine diesel engine'' with 
respect to auxiliary applications in which it may not be clear whether 
the engine is ``installed'' on the vessel or not.

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

    We are adding a new Sec.  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 Sec.  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 are making several amendments to the test procedures, such as 
improving calculations for humidity corrections, adding clarifying 
language, and adjusting reporting provisions. We are also updating 
current references to test procedures in 40 CFR part 86 by pointing 
instead to 40 CFR part 1065. In addition, we are making a variety of 
minor corrections and clarifications. See the Technical Support 
Document for a discussion of all these changes.

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

    We are adopting 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 raised some issues in the comment period that 
resulted in further minor corrections and adjustments for the final 
rule. We also corrected equations for typographical errors.

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

[[Page 40426]]

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 making extensive changes in part 1048 to align with 
the regulations in part 1039.
    For discussion of these changes, see the Technical Support 
Document.

H. Recreational Vehicles (40 CFR Part 1051)

    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, we have a strong interest in adopting consistent provisions 
and uniform terminology as much as possible. As a result, we are making 
extensive changes in part 1051 to align with the regulations in part 
1039. These provisions are all discussed in more detail in the 
Technical Support Document.
    We proposed to add a constraint for averaging, banking, and trading 
to prevent manufacturers from including credits earned in California or 
another state if there would ever be a situation in which manufacturers 
would be making engines with lower emissions to meet more stringent 
state standards or to earn emission credits under the state program. We 
are adopting this provision in the final rule to require exclusion of 
California sales from federal ABT calculations if a company is subject 
to more stringent state standards, or if a company generates or uses 
emissions credits to show that it meets California standards. This 
provision is necessary to prevent double-counting of emission credits. 
In the case of recreational vehicles, California adopted emission 
standards that predate the EPA rulemaking. The California emission 
standards are based on a similar technology assessment, but are in a 
different form. For example, California specifies different numerical 
standards that apply to hydrocarbon emissions only, while EPA's 
standards apply to HC+NOx emissions. Given the difficulty in 
comparing these two sets of standards, we are making the judgment that, 
for the purposes of ABT calculations, California's current exhaust 
emission standards are equivalent to the EPA standards. Under the 
current requirements, companies would therefore exclude their 
California products from federal ABT calculations only if those 
products generate or use emission credits under the California program. 
If California adopts new standards for recreational vehicles, we will 
again make a judgment regarding the relative stringency of the two 
programs for ABT purposes.

I. Locomotives (40 CFR Part 92)

    We proposed a variety of changes for our locomotive regulations in 
40 CFR part 92 to correct various technical references and 
typographical errors. We are finalizing those changes. We are also 
finalizing other changes in response to comments. The large majority of 
the comments received regarding locomotives came from the Engine 
Manufacturers Association (EMA). See the Technical Support Document for 
additional information. In addition to the changes being finalized, we 
are also publishing the following clarifications in response to public 
comments.
    EMA asked that remanufacturers be allowed to limit the practice of 
not replacing every power assembly with remanufactured power assemblies 
at the time of engine remanufacture. Remanufacturers already can limit 
this practice just as original manufacturers limit the parts that are 
used in their locomotives. In fact, remanufacturers would be expected 
to limit this practice to only those cases in which they can be certain 
that the previously used power assembly will not cause an engine to 
exceed an emission standard. By allowing an engine to be remanufactured 
under its certificate, the remanufacturer is assuming responsibility 
for the emission performance of that remanufactured engine. We define 
remanufactured locomotives to be ``new'', and the certificate holder 
has the same responsibilities as the manufacturer of a freshly 
manufactured locomotive. The remanufacturer is thus expected to 
maintain some degree of control over the remanufacturing process to 
ensure that the remanufactured locomotive. For example, the 
remanufacturer might limit the certificate to only those engines 
remanufactured by installers that has been properly trained. It must be 
noted, however, that while certificate holders have responsibility for 
the emission performance of locomotives remanufactured under their 
certificates, 40 CFR 92.209 also assigns responsibility to others 
involved in the remanufacturing process.
    EMA asked that EPA not use the term ``offer for sale'' in the 
prohibited acts (40 CFR 92.1103). They are concerned that this would be 
problematic because locomotives are generally manufactured only after a 
sales agreement has been completed. The manufacturer offers to 
manufacture and sell a locomotive at least several months before it 
actually has obtained a certificate of conformity for the locomotive. 
Given this confusion, we are clarifying that EPA does not interpret the 
phrase ``offer to sell'' to apply to products that have not yet been 
manufactured (or remanufactured, as applicable).
    EMA asked that EPA exempt replacement engines as we do in other 
nonroad engine programs. However, such exemption is not necessary with 
locomotives. Long after the manufacturer has stopped manufacturing 
brand new engines, that manufacturer (along with other remanufacturers) 
will be certifying remanufacturing systems. Thus, we believe that the 
cases in which a brand new engine will be needed will be rare. 
Nevertheless, we are finalizing a regulatory change in 40 CFR 92.204 to 
explicitly allow manufacturers to include freshly manufactured 
locomotive engines in the same engine family as remanufactured 
locomotives. We believe that this will resolve the issue, since 
manufacturers would merely need to certify a remanufacturing system for 
each engine it manufactures.
    Finally, we are adopting a provision that will allow manufacturers 
to certify locomotives that have total power less than 750 kW. This 
provision will allow manufacturers of hybrid locomotives to certify 
under 40 CFR part 92. EMA commented that if we do this, we should 
specify test procedures and duty-cycle weightings for such hybrids. We 
agree that this would be appropriate in the long term, but do not 
believe that this rulemaking would be the proper place for such 
provisions. Instead, we expect to rely on the testing and calculation 
flexibility of 40 CFR 92.207 and 92.132(e) to certify hybrids on a 
case-by-case basis.

J. Highway Engines and Vehicles (40 CFR Parts 85 and 86)

    Most of the changes we are adopting in parts 85 and 86 apply 
uniquely to different types of vehicles or engines. We are, however, 
adopting changes to the program for Independent Commercial Importers 
that affect all the different applications. The Technical

[[Page 40427]]

Support Document describes how we are limiting the importation of 
products where the applicable standards are based on the year of 
original production. We continue to allow unlimited importation of 
products where the applicable standards are based on the year of 
modification.
    The following paragraphs provide an overview of the changes for 
each type of engine or vehicle. See the Technical Support Document for 
a more detailed discussion of these changes.
1. Light-Duty Vehicles
    For light-duty vehicles, we are adopting a variety of 
clarifications and corrections, especially related to test procedures.
2. Highway Motorcycles
    For highway motorcycles, we are correcting fuel specifications, 
clarifying the requirements related to engine labels, fixing the 
provisions related to using nonroad certificates for highway 
motorcycles below 50 cc (consistent with similar changes in other 
programs), and making a variety of other minor corrections.
3. Heavy-Duty Highway Engines
    As discussed above, we are adopting 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 proposed to complete the migration of heavy-duty highway test 
procedures to part 1065 by the 2008 model year. Manufacturers pointed 
out that it would be most appropriate to move this date back to 2010 to 
correspond with the implementation of the new emission standards in 
that year. We agree that it would be appropriate to make this 
transition over several model years to fully migrate to part 1065, no 
later than model year 2010. Manufacturers do not need to conduct new 
testing if they are able to use carryover data, but any new testing for 
2010 and later model years must 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.\2\ In addition, part 
1065 incorporates revisions based on updated procedures for sampling 
low concentrations of PM.
---------------------------------------------------------------------------

    \2\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------

    Another question was raised about how EPA should conduct testing 
during this transition stage. We intend to incorporate near-term 
upgrades that would make our testing facilities capable of meeting the 
requirements in part 1065. Most of the testing methods in part 1065 
result in better measurements and should therefore not pose problems, 
even if manufacturers based their certification on the test procedures 
specified in part 86. Three exceptions to this include the steps for 
mapping an engine, denormalizing test cycles, and evaluating cycle-
validation criteria. Changing the specified procedure for these three 
items would involve different engine operation that could cause an 
engine to have higher or lower emission levels.For all other 
parameters, the new procedures would be equivalent, or would give more 
accurate or more precise results. We are therefore specifying that we 
will follow the manufacturer's procedures for these three items related 
to engine operation, but will otherwise consider our tests valid if we 
use procedures from either part 86 or part 1065, regardless of the 
procedures used by the manufacturer.
    EMA responded to our request for comment related to a provision 
that would allow engine manufacturers to ship certified engines without 
applicable aftertreatment components, while providing for separate 
shipment of those components to equipment manufacturers. EMA commented 
that such a provision would be appropriate, and that it should be set 
up to require either that the component cost be included in the price 
of the engine, or auditing requirements for engine manufacturers, but 
not both, since the equipment manufacturer has enough incentive to make 
the final installation without additional oversight. We agree with 
manufacturers that these more flexible arrangements are appropriate for 
the prevailing business relationships for heavy-duty highway engines. 
There are far fewer manufacturers producing heavy-duty trucks and buses 
than nonroad equipment. Engine manufacturers are therefore expected to 
be able to maintain control with an approach that requires them either 
to include the price of the aftertreatment in the engine price or to 
conduct periodic audits of vehicle manufacturers, but not both. In the 
periodic audit we require manufacturers to confirm the number of 
aftertreatment component shipped is sufficient for the applicable 
vehicle production. This confirmation is intended to show that the 
vehicle manufacturers have purchasing and manufacturing processes in 
place to ensure that they are ordering and receiving enough 
aftertreatment components and that each vehicles is equipped with the 
correct components. To reduce the risk of noncompliance where the 
engine and aftertreatment components are not priced together, we 
require that engine manufacturers have a written confirmation that the 
vehicle manufacturer has ordered the appropriate aftertreatment before 
shipping engines without the otherwise required aftertreatment 
components.
    We are adopting a test-related provision that was described in the 
proposal. We requested comment on approaches to address the concern 
that some engines experience significant overspeed excursions when 
following the proposed approach to defining maximum test speed and 
denormalizing duty cycles. As described in the Technical Support 
Document, we are finalizing a provision to define maximum test speed at 
the highest speed point at which engines are expected to operate in 
use.

III. Public Participation

    In the proposed rule, we invited public participation in a public 
hearing, a public workshop, and a comment period for written comments. 
No one responded to indicate in interest in the public hearing, but we 
held the public workshop to talk through a wide range of issues. We 
also received written comments from about 20 organizations, mostly 
representing manufacturers. Several principle issues raised by 
commenters are described in the individual sections above. The Final 
Technical Support Document addresses the full range of comments.

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;

[[Page 40428]]

     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.
    The Office of Management and Budget reviewed this rule under the 
provisions 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

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule.
    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 
in the underlying rulemakings for each individual category of engines; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or 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 this final rule on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
The small entities directly regulated by this rule are small businesses 
that produce nonroad engines. We have determined that no small entities 
will be negatively affected as a result of this rule. This rule merely 
revises the measurement methods and makes a variety of technical 
amendments to existing programs. This rule, therefore, does not require 
a regulatory flexibility analysis.
    Although this 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 changes clarify existing requirements, which will reduce the time 
needed to comply, and added flexibility, which may allow for a simpler 
effort to comply.

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 significantly or uniquely affects 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 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

[[Page 40429]]

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 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 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 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 final rule reflect a level of development that goes 
substantially beyond the ISO or other published procedures. The 
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.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

V. Statutory Provisions and Legal Authority

    Statutory authority for the engine controls adopted in this rule is 
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, 
Penalties, Reporting and recordkeeping requirements, Vessels, 
Warranties.

40 CFR Parts 1039, 1048, and 1051

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

[[Page 40430]]

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: June 3, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

0
1. The authority citation for part 85 continues to read as follows:

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


0
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.
* * * * *

0
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, except as allowed by 
paragraph (e) of this section:
    (1) 5 heavy-duty engines.
    (2) A total of 50 light-duty vehicles, light-duty trucks, and 
medium-duty passenger vehicles.
    (3) 50 highway motorcycles.
    (d) For ICIs owned by a parent company, the importation limits in 
paragraph (c) of this section include importation by the parent company 
and all its subsidiaries.
    (e) An ICI may exceed the limits outlined paragraphs (c) and (d) of 
this section, provided that any vehicles/engines in excess of the 
limits meet the emission standards and other requirements outlined in 
the provisions of Sec.  85.1515 for the model year in which the motor 
vehicle/engine is modified (instead of the emission standards and other 
requirements applicable for the OP year of the vehicle/engine).

0
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.
* * * * *

0
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-Tier2 
phase-in intermediate percentage requirements for exhaust, evaporative, 
and refueling emissions described in 40 CFR 86.1811-04.
    (vi) In cases where multiple standards exist in a given model year 
in 40 CFR part 86 due to phase-in requirements of new standards, the 
applicable standards for motor vehicle engines required to be certified 
to engine-based standards are the least stringent standards applicable 
to the engine type for the OP year.
* * * * *

0
6. Section 85.1713 is added to subpart R to read as follows:


Sec.  85.1713  Delegated-assembly exemption.

    The provisions of this section apply for manufacturers of heavy-
duty

[[Page 40431]]

highway engines. (a) Shipping an engine separately from an 
aftertreatment component that you have specified as part of its 
certified configuration will not be a violation of the prohibitions in 
Clean Air Act section 203 (42 U.S.C. 7522), if you follow the 
provisions of paragraph (b) or (c) of this section.
    (b) If you include the cost of all aftertreatment components in the 
cost of the engine and ship the aftertreatment components directly to 
the vehicle manufacturer, or arrange for separate shipment by the 
component manufacturer to the vehicle manufacturer, you must meet all 
the following conditions:
    (1) Apply for and receive a certificate of conformity for the 
engine and its emission-control system before shipment.
    (2) Provide installation instructions in enough detail to ensure 
that the engine will be in its certified configuration if someone 
follows these instructions.
    (3) Have a contractual agreement with a vehicle manufacturer 
obligating the vehicle manufacturer to complete the final assembly of 
the engine so it is in its certified configuration when installed in 
the vehicle. This agreement must also obligate the vehicle manufacturer 
to provide the affidavits required under paragraph (b)(4) of this 
section.
    (4) Take appropriate additional steps to ensure that all engines 
will be in their certified configuration when installed by the vehicle 
manufacturer. At a minimum, you must obtain annual affidavits from 
every vehicle 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 vehicle manufacturers install on each engine they purchase from 
you under this section.
    (5) Describe in your application for certification how you plan to 
use the provisions of this section and any steps you plan to take under 
paragraph (b)(3) of this section.
    (6) Keep records to document how many engines you produce under 
this exemption. Also, keep records to document your contractual 
agreements under paragraph (b)(3) of this section. Keep all these 
records for five years after the end of the model year and make them 
available to us upon request.
    (7) Make sure the engine has the emission control information label 
we require under the standard-setting part.
    (c) If you do not include the cost of all aftertreatment components 
in the cost of the engine, you must meet all the conditions described 
in paragraphs (b)(1) through (7) of this section, with the following 
additional provisions:
    (1) The contractual agreement described in paragraph (b)(3) of this 
section must include a commitment that the vehicle manufacturer will do 
the following things:
    (i) Separately purchase the aftertreatment components you have 
specified in your application for certification.
    (ii) Perform audits as described in paragraph (c)(3) of this 
section.
    (2) Before you ship an engine under the provisions of this 
paragraph (c), you must have written confirmation that the vehicle 
manufacturer has ordered the appropriate aftertreatment components.
    (3) You must audit vehicle manufacturers as follows:
    (i) If you sell engines to 16 or more vehicle manufacturers under 
the provisions of this section, you must annually audit four vehicle 
manufacturers to whom you sell engines under this section. To select 
individual vehicle manufacturers, divide all the affected vehicle 
manufacturers into quartiles based on the number of engines they buy 
from you; select a single vehicle manufacturer from each quartile each 
model year. Vary the vehicle manufacturers you audit from year to year, 
though you may repeat an audit in a later model year if you find or 
suspect that a particular vehicle manufacturer is not properly 
installing aftertreatment devices.
    (ii) If you sell engines to fewer than 16 vehicle manufacturers 
under the provisions of this section, set up a plan to audit each 
vehicle manufacturer on average once every four model years.
    (iii) Starting with the 2014 model year, if you sell engines to 
fewer than 40 vehicle manufacturers under the provisions of this 
section, you may ask us to approve a reduced auditing rate. We may 
approve an alternate plan that involves auditing each vehicle 
manufacturer on average once every ten model years, as long as you show 
that you have met the auditing requirements in preceding years without 
finding noncompliance or improper procedures.
    (iv) Audits must involve the assembling companies' facilities, 
procedures, and production records to monitor their compliance with 
your instructions, must include investigation of some assembled 
engines, and must confirm that the number of aftertreatment devices 
shipped were sufficient for the number of engines produced. Where a 
vehicle manufacturer is not located in the United States, you may 
conduct the audit at a distribution or port facility in the United 
States.
    (v) If you produce engines and use them to produce vehicles under 
the provisions of this section, you must take steps to ensure that your 
facilities, procedures, and production records are set up to ensure 
compliance with the provisions of this section, but you may meet your 
auditing responsibilities under this paragraph (c)(3) of this section 
by maintaining a database showing how you pair aftertreatment 
components with the appropriate engines.
    (vi) You must keep records of these audits for five years after the 
end of the model year and provide a report to us describing any 
uninstalled or improperly installed aftertreatment components. Send us 
these reports within 90 days of the audit, except as specified in 
paragraph (f) of this section.
    (4) In your application for certification, give a detailed plan for 
auditing vehicle manufacturers, as described in paragraph (c)(3) of 
this section.
    (d) An engine you produce under this section becomes new when it is 
fully assembled, except for aftertreatment devices, for the first time. 
Use this date to determine the engine's model year.
    (e) Once the vehicle manufacturer takes possession of an engine 
exempted under this section, the exemption expires and the engine is 
subject to all the prohibitions in CleanAir Act section 203 (42 U.S.C. 
7522).
    (f) You must notify us within 15 days if you find from an audit or 
another source that a vehicle manufacturer has failed to meet its 
obligations under this section.
    (g) We may suspend, revoke, or void an exemption under this 
section, as follows:
    (1) We may suspend or revoke your exemption for the entire engine 
family if we determine that any of the engines are not in their 
certified configuration after installation in the vehicle, or if you 
fail to comply with the requirements of this section. If we suspend or 
revoke the exemption for any of your engine families under this 
paragraph (g), this exemption will not apply for future certificates 
unless you demonstrate that the factors causing the nonconformity do 
not apply to the other engine families. We may suspend or revoke the 
exemption for shipments to a single facility where final assembly 
occurs.
    (2) We may void your exemption for the entire engine family if you 
intentionally submit false or incomplete information or fail to keep 
and provide to EPA the records required by this section.

[[Page 40432]]

    (h) You are liable for the in-use compliance of any engine that is 
exempt under this section.
    (i) It is a violation of the Act for any person to complete 
assembly of the exempted engine without complying fully with the 
installation instructions.
    (j) [Reserved]
    (k) You may ask us to provide a temporary exemption to allow you to 
complete production of your engines at different facilities, as long as 
you maintain control of the engines until they are in their certified 
configuration. We may require you to take specific steps to ensure that 
such engines are in their certified configuration before reaching the 
ultimate purchaser. You may request an exemption under this paragraph 
(k) in your application for certification, or in a separate submission.

0
7. 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.
0
8. 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.
* * * * *

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

0
9. The authority citation for part 86 continues to read as follows:

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

0
10. 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.

0
11. 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.
* * * * *

0
12. 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:

[[Page 40433]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.000

    (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 required to certify to the NOX standard in this 
section (including the phase-out engines certified to the 
NOX+NMHC standard referenced in this paragraph(g)) based on 
calendar years 2007, 2008, and 2009, rather than model years 2007, 
2008, and 2009.
* * * * *

0
13. 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 a brake-specific emission standard is established in this 
subpart;
    (2) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 
non-idle test points (identified under Sec.  86.1360-2007(b)(1)) and 
the 3 EPA-selected test points (identified under Sec.  86.1360-
2007(b)(2));
    (3) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), concentrations and mass flow rates of all regulated 
gaseous emissions plus carbon dioxide;
    (4) Values of all emission-related engine control variables at each 
test point;
    (5) A statement that the test results correspond to the test engine 
selection criteria in 40 CFR 1065.401. The manufacturer also must 
maintain records at the manufacturer's facility which contain all test 
data, engineering analyses, and other information which provides the 
basis for this statement, where such information exists. The 
manufacturer must provide such information to the Administrator upon 
request;
    (6) For engines subject to the MAEL (see Sec.  86.007-
11(a)(3)(ii)), a statement that the engines will comply with the 
weighted average emissions standard and interpolated values comply with 
the Maximum Allowable Emission Limits specified in Sec.  86.007-
11(a)(3) for the useful life of the engine where applicable. The 
manufacturer also must maintain records at the manufacturer's facility 
which contain a detailed description of all test data, engineering 
analyses, and other information which provides the basis for this 
statement, where such information exists. The manufacturer must provide 
such information to the Administrator upon request.
    (7) [Reserved]
* * * * *

0
14. Section 86.007-35 is amended by revising paragraph (c) to read as 
follows:


Sec.  86.007-35  Labeling.

* * * * *
    (c) Vehicles powered by model year 2007 and later diesel-fueled 
engines must include permanent, readily visible labels on the dashboard 
(or instrument panel) and near all fuel inlets that state ``Use Ultra 
Low Sulfur Diesel Fuel Only''; or ``Ultra Low Sulfur DieselFuel Only''.
* * * * *

0
15. Part 86 is amended by removing the first Sec.  86.008-10, which was 
added on October 6, 2000.

0
16. 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.
* * * * *

0
17. Section 86.095-35 is amended by revising paragraph (a)(3)(iii)(B) 
to read as follows:


Sec.  86.095-35  Labeling.

* * * * *
    (a) * * *
    (3) * * *
    (iii) * * *
    (B) The full corporate name and trademark of the manufacturer; 
though the label may identify another company and use its trademark 
instead of the manufacturer's as long as the manufacturer complies with 
the provisions of 40CFR 1039.640.
* * * * *

0
18. 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.

0
19. 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

[[Page 40434]]

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 
andTechnology (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:
* * * * *

0
20. 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).
* * * * *

0
21. 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.
* * * * *

0
22. 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).
* * * * *
0
23. 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.
* * * * *

0
24. Section 86.161-00 is amended by revising paragraph (b)(1) to read 
as follows:


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.
* * * * *

0
25. 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:
* * * * *

0
26. Section 86.410-2006 is amended by adding paragraph (e)(3) to read 
as follows:


Sec.  86.410-2006  Emission standards for 2006 and later model year 
motorcycles.

* * * * *
    (e) * * *
    (3) Small-volume manufacturers are not required to comply with 
permeation requirements in paragraph (g) of this section until model 
year 2010.
* * * * *

0
27. 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 in this section, containing the information provided 
in this section, to all production models of such vehicles available 
for sale to the public and covered by a certificate of conformity.
    (2) A permanent, legible label shall be affixed in a readily 
accessible position. Multi-part labels may be used.
    (3) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label, and shall not be affixed to any part which is easily detached 
from the vehicle or is likely to be replaced during the useful life of 
the vehicle.
    (4) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (i) The label heading shall read: ``Vehicle Emission Control
    Information'';
    (ii) Full corporate name and trademark of the manufacturer;
    (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:


[[Page 40435]]


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

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

0
28. 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 40CFR part 1051.
    (b) Vehicle-manufacturer provisions. If you are not an engine 
manufacturer, you may produce highway motorcycles using nonroad engines 
below 50 cc under this section as long as you meet all the requirements 
and conditions specified in paragraph (d) of this section. If you 
modify the nonroad engine in any of the ways described in paragraph 
(d)(2) of this section for installation in a highway motorcycle, we 
will consider you a manufacturer of a new highway motorcycle. Such 
engine modifications prevent you from using the provisions of this 
section.
    (c) Liability. Engines for which you meet the requirements of this 
section, and vehicles containing these engines, are exempt from all the 
requirements and prohibitions of this part, except for those specified 
in this section. Engines and vehicles exempted under this section must 
meet all the applicable requirements from 40 CFR part 90 or 1051. This 
applies to engine manufacturers, vehicle manufacturers who use these 
engines, and all other persons as if these engines were used in 
recreational vehicles or other nonroad applications. The prohibited 
acts of 42 U.S.C. 7522 apply to these new highway motorcycles; however, 
we consider the certificate issued under 40 CFR part 90 or 1051 for 
each engine to also be a valid certificate of conformity under this 
part 86 for its model year. If we make a determination that these 
engines do not conform to the regulations during their useful life, we 
may require you to recall them under 40 CFR part 86, 90, or 1068.
    (d) Specific requirements. If you are an engine or vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new engine or vehicle, the highway motorcycle is 
eligible for an exemption under this section:
    (1) Your engine must be below 50 cc and must be covered by a valid 
certificate of conformity for Class II engines issued under 40 CFR part 
90 or for recreational vehicles under 40 CFR part 1051.
    (2) You must not make any changes to the certified engine that 
could reasonably be expected to increase its exhaust emissions for any 
pollutant, or its evaporative emissions, if applicable. For example, if 
you make any of the following changes to one of these engines, you do 
not qualify for this exemption:
    (i) Change any fuel system or evaporative system parameters from 
the certified configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original engine 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine family's 
total sales in the United States are used in highway motorcycles. This 
includes engines used in any application, without regard to which 
company manufactures the vehicle or equipment. In addition, if you 
manufacture highway motorcycles, you must show that fewer than 50 
percent of the engine family's total sales in the United States are 
highway motorcycles. Show that you meet the engine-sales criterion as 
follows:
    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm the engine sales volumes based on its sales 
information.
    (4) You must ensure that the engine has the label we require under 
40 CFR part 90 or 1051.
    (5) You must add a permanent supplemental label to the engine in a 
position where it will remain clearly visible after installation in the 
vehicle. In the supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE 
WITHOUTAFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished installation (month and year), if 
applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the engine or vehicle models you expect to produce under 
this exemption in the coming year.
    (iii) State: ``We produce each listed [engine or vehicle] model for 
without making any changes that could increase its certified emission 
levels, as described in 40 CFR 86.447-2006.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards,

[[Page 40436]]

requirements, and prohibitions of this part 86 and the certificate 
issued under 40 CFR part 90 or 1051 will not be deemed to also be a 
certificate issued under this part 86. Introducing these engines into 
commerce without a valid exemption or certificate of conformity under 
this part violates the prohibitions in 40 CFR part 85.
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Engines or 
vehicles adapted for recreational use under this section may not 
generate or use emission credits under this part 86. These engines or 
vehicles may generate credits under the ABT provisions in 40 CFR part 
90 or 1051. These engines or vehicles must use emission credits under 
40 CFR part 90 or 1051 if they are certified to an FEL that exceeds an 
applicable standard.

0
29. 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 you meet all the requirements and conditions specified in 
paragraph (d) of this section. If you modify the recreational vehicle 
or its engine in any of the ways described in paragraph (d)(2) of this 
section for installation in a highway motorcycle, we will consider you 
a manufacturer of a new highway motorcycle. Such modifications prevent 
you from using the provisions of this section.
    (c) Liability. Vehicles for which you meet the requirements of this 
section are exempt from all the requirements and prohibitions of this 
part, except for those specified in this section. Engines and vehicles 
exempted under this section must meet all the applicable requirements 
from 40 CFR part 1051. This applies to engine manufacturers, vehicle 
manufacturers, and all other persons as if the highway motorcycles were 
recreational vehicles. The prohibited acts of 42 U.S.C. 7522 apply to 
these new highway motorcycles; however, we consider the certificate 
issued under 40 CFR part 1051 for each recreational vehicle to also be 
a valid certificate of conformity for the highway motorcycle under this 
part 86 for its model year. If we make a determination that these 
engines or vehicles do not conform to the regulations during their 
useful life, we may require you to recall them under 40 CFR part 86 or 
40 CFR 1068.505.
    (d) Specific requirements. If you are a recreational-vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new highway motorcycle and its engine, the highway 
motorcycle is eligible for an exemption under this section:
    (1) Your motorcycle must have an engine below 50 cc and it must be 
covered by a valid certificate of conformity as a recreational vehicle 
issued under 40 CFR part 1051.
    (2) You must not make any changes to the certified recreational 
vehicle that we could reasonably expect to increase its exhaust 
emissions for any pollutant, or its evaporative emissions if it is 
subject to evaporative-emission standards. For example, if you make any 
of the following changes, you do not qualify for this exemption:
    (i) Change any fuel system parameters from the certified 
configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the vehicle 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original vehicle 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine family's 
total sales in the United States are used in highway motorcycles. This 
includes highway and off-highway motorcycles, without regard to which 
company completes the manufacturing of the highway motorcycle. Show 
this as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The highway motorcycle must have the vehicle emission control 
information we require under 40 CFR part 1051.
    (5) You must add a permanent supplemental label to the highway 
motorcycle in a position where it will remain clearly visible. In the 
supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may 
instead include the full corporate name and trademark of another 
company you choose to designate.
    (iii) State: ``THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished modifying the vehicle (month and 
year), if applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the highway motorcycle models you expect to produce under 
this exemption in the coming year.
    (iii) State: ``We produced each listed highway motorcycle without 
making any changes that could increase its certified emission levels, 
as described in 40 CFR 86.448-2006.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards, requirements, and prohibitions of this 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

[[Page 40437]]

1051 if they are certified to an FEL that exceeds an applicable 
standard.

0
30. In Sec.  86.513-2004, Table 1 in paragraph (a)(1) is revised 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......  23.9--35.0 \1\
2. 10% point, [deg]C............  ASTM D 86-97......  48.9--57.2
3. 50% point, [deg]C............  ASTM D 86-97......  93.3--110.0
4. 90% point, [deg]C............  ASTM D 86-97......  148.9--162.8
5. End point, [deg]C............  ASTM D 86-97......  212.8
---------------------------------
                        Hydrocarbon composition:
------------------------------------------------------------------------
1. Olefins, volume %............  ASTM D 1319-98....  10 maximum
2. Aromatics, volume %..........  ASTM D 1319-98....  35 maximum
3. Saturates....................  ASTM D 1319-98....  Remainder
Lead (organic), g/liter.........  ASTM D 3237.......  0.013 maximum
Phosphorous, g/liter............  ASTM D 3231.......  0.0013 maximum
Sulfur, weight %................  ASTM D 1266.......  0.008 maximum
Volatility (Reid Vapor            ASTM D 323........  55.2 to 63.4 \1\
 Pressure), kPa.
------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m, the specified volatility
  range is 52 to 55 kPa and the specified initial boiling point range is
  (23.9 to 40.6) [deg]C.

* * * * *

0
31. 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 
no more than 32 feet from the exhaust manifold(s), turbocharger 
outlet(s), exhaust aftertreatment device(s), or crossover junction (on 
Vee engines), whichever is farthest downstream. The smoke exhaust 
system shall present an exhaust backpressure within 0.2 
inch Hg of the upper limit at maximum rated horsepower, as established 
by the engine manufacturer in his sales and service literature for 
vehicle application. The following options may also be used:
* * * * *

0
32. 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.
* * * * *

0
33. Section 86.884-12 is amended by revising paragraph (c)(2) to read 
as follows:


Sec.  86.884-12  Test run.

* * * * *
    (c) * * *
    (2) Warm up the engine by the procedure described in 40 CFR 
1065.530.
* * * * *

0
34. 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;
* * * * *

0
35. 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;
* * * * *

0
36. A new Sec.  86.1213-08 is added to read as follows:

[[Page 40438]]

Sec.  86.1213-08  Fuel specifications.

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

0
37. 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 through 2009, manufacturers may use the 
test procedures specified in Sec.  86.1305-2004 or Sec.  86.1305-2010. 
For any EPA testing before the 2010 model year, EPA will use the 
manufacturer's selected procedures for mapping engines, generating duty 
cycles, and applying cycle-validation criteria. For any other 
parameters,EPA may conduct testing using either of the specified 
procedures.
    (c) For model years 2010 and later, manufacturers must use the test 
procedures specified in Sec.  86.1305-2010.
    (d) As allowed under subpart A of this part, manufacturers may use 
carryover data from previous model years to demonstrate compliance with 
emission standards, without regard to the provisions of this section.

0
38. 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.)
* * * * *

0
39. A new Sec.  86.1305-2010 is added to read as follows:


Sec.  86.1305-2010  Introduction; structure of subpart.

    (a) This subpart specifies the equipment and procedures for 
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards 
and general testing requirements to comply with EPA certification 
procedures.
    (b) Use the applicable equipment and procedures for spark-ignition 
or compression-ignition engines in 40 CFR part 1065 to determine 
whether engines meet the duty-cycle emission standards in subpart A of 
this part. Measure the emissions of all regulated pollutants as 
specified in 40 CFR part 1065. Use the duty cycles and procedures 
specified in Sec.  86.1333-2007, 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 applies to you as a manufacturer, and to anyone 
who does testing for you.

0
40. 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).
* * * * *

0
41. 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).
* * * * *

0
42. A new Sec.  86.1333-2010 is added to read as follows:


Sec.  86.1333-2010  Transient test cycle generation.

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

Where:

MaxTestSpeed = the maximum test speed as calculated in 40 CFR part 
1065.
    (ii) For Otto-cycle engines:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.002
    

Where:

MaxTestSpeed = the maximum test speed as calculated in 40 CFR part 
1065.
    (2) Torque is normalized to the maximum torque at the rpm listed 
with it. Therefore, to unnormalize the torque values in the cycle, the 
maximum torque curve for the engine in question must be used. The 
generation of the

[[Page 40439]]

maximum torque curve is described in 40 CFR part 1065.
    (b) Example of the unnormalization procedure. Unnormalize the 
following test point, given Maximum Test speed = 3800 rpm and Curb Idle 
Speed = 600 rpm.
[GRAPHIC] [TIFF OMITTED] TR13JY05.003

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

0
43. Section 86.1360-2007 is amended by revising paragraph (b), removing 
and reserving paragraphs (c) and (e), and 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.
* * * * *
0
44. A new Sec.  86.1362-2007 is added to read as follows:


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

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

----------------------------------------------------------------------------------------------------------------
                                          Time in mode
                RMC mode                    (seconds)          Engine speed1,2            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.


[[Page 40440]]

    (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.

0
45. A new Sec.  86.1363-2007 is added to read as follows:


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

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

----------------------------------------------------------------------------------------------------------------
                                                                  Percent    Weighting    Mode length  (minutes)
             Mode  number                  Engine  speed \1\      load \2\    factors              \3\
----------------------------------------------------------------------------------------------------------------
1....................................  Idle....................  .........         0.15  4
2....................................  A.......................        100         0.08  2
3....................................  B.......................         50         0.10  2
4....................................  B.......................         75         0.10  2
5....................................  A.......................         50         0.05  2
6....................................  A.......................         75         0.05  2
7....................................  A.......................         25         0.05  2
8....................................  B.......................        100         0.09  2
9....................................  B.......................         25         0.10  2
10...................................  C.......................        100         0.08  2
11...................................  C.......................         25         0.05  2
12...................................  C.......................         75         0.05  2
13...................................  C.......................         50         0.05  2
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the commanded test speed.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

    (b) Prior to beginning the test sequence, the engine must be 
warmed-up according to the procedures in Sec.  86.1332-90(d)(3)(i) 
through (iv).
    (c) The test must be performed in the order of the mode numbers in 
paragraph (a) of this section. Where applicable, the EPA-selected test 
points identified under Sec.  86.1360-2007(b)(2) must be performed 
immediately upon completion of mode 13. The engine must be operated for 
the prescribed time in each mode, completing engine speed and load 
changes in the first 20 seconds of each mode. The specified speed must 
be held to within50 rpm and the specified torque must be 
held to within plus or minus two percent of the maximum torque at the 
test speed.
    (d) One filter shall be used for sampling PM over the 13-mode test 
procedure. The modal weighting factors specified in paragraph (a) of 
this section shall be taken into account by taking a sample 
proportional to the exhaust mass flow during each individual mode of 
the cycle. This can be achieved by adjusting sample flow rate, sampling 
time, and/or dilution ratio, accordingly, so that the criterion for the 
effective weighting factors is met. The sampling time per mode must be 
at least 4 seconds per 0.01 weighting factor. Sampling must be 
conducted as late as possible within each mode. Particulate sampling 
shall be completed no earlier than 5 seconds before the end of each 
mode.
    (e) The test must be conducted with all emission-related engine 
control variables in the highest brake-specific NOX 
emissions state which could be encountered for a 30 second or longer 
averaging period at the given test point and for the conditions under 
which the engine is being tested.
    (f) Manufacturers must follow the exhaust emissions sample analysis 
procedures under Sec.  86.1340, and the calculation formulas and 
procedures under Sec.  86.1342, for the 13-mode cycle and the 3 EPA-
selected test points as applicable for steady-state testing, including 
the NOX correction factor for humidity.
    (g) Calculate the weighted average emissions as follows:
    (1) For each regulated gaseous pollutant, calculate the weighted 
average emissions using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.005


Where:

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

    (2) For PM measurements, a single filter must be used to measure PM 
over the 13 modes. The brake-specific PM emission level for the test 
must be calculated as described for a transient hot start test in Sec.  
86.1343. Only the power measured during the sampling period shall be 
used in the calculation.
    (h) The test fuel used for supplemental steady-state testing under 
this section must meet the requirements of Sec.  86.1313.
    (i) Ambient conditions, charge cooling specifications, and intake 
and exhaust restrictions for supplemental steady-state testing and 
maximum allowable emission limit testing under this section must meet 
the requirements of Sec.  86.1330.

[[Page 40441]]


0
46. Section 86.1370-2007 is amended by revising paragraph (a) to read 
as follows:


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

    (a) General. The purpose of this test procedure is to measure in-
use emissions of heavy-duty diesel engines while operating within a 
broad range of speed and load points (the Not-To-Exceed Control Area) 
and under conditions which can reasonably be expected to be encountered 
in normal vehicle operation and use. Emission results from this test 
procedure are to be compared to the Not-To-Exceed Limits specified in 
Sec.  86.007-11(a)(4), or to later Not-To-Exceed Limits. The Not-To-
Exceed Limits do not apply for engine-starting conditions. Tests 
conducted using the procedures specified in Sec.  86.1301 are 
considered valid Not-To-Exceed tests (Note: duty cycles and limits on 
ambient conditions do not apply for Not-To-Exceed tests).

0
47. 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 40CFR 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.

0
48. 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) * * *
    (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.

0
49. 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.

0
50. 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.

0
51. 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.

0
52. 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.

0
53. 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.

0
54. 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.

0
55. 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.
* * * * *

0
56. 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.

0
57. 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:
* * * * *

0
58. Section 86.1544-84 is amended by revising paragraphs (b)(1), 
(b)(2), and (c) to read as follows:

[[Page 40442]]

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.
* * * * *

0
59. 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
----------------------------------------------------------------------------------------------------------------


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

* * * * *
0
60. 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)                    MNHC + NOX      CO      NMHC + NOX      CO
----------------------------------------------------------------------------------------------------------------
0-3750..........................................................        0.14         8.0        0.20         2.7
3751-5750.......................................................        0.25        10.5        0.27         3.5
----------------------------------------------------------------------------------------------------------------

* * * * *

0
61. 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 177Program effective in model year 1997 
or 1998, such credits will equal the unused credits earned in those 
states.
* * * * *

0
62. 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).
* * * * *

0
63. Section 86.1807-07 is amended by revising paragraph (h) to read as 
follows:


Sec.  86.1807-07  Vehicle labeling.

* * * * *
    (h) Vehicles powered by model year 2007 and later diesel-fueled 
engines and other diesel vehicles certified using a test fuel with 15 
ppm sulfur or less, must include permanent readily visible labels on 
the dashboard (or instrument panel) and near all fuel inlets that state 
``Use Ultra Low Sulfur Diesel Fuel Only'' or ``Ultra Low Sulfur Diesel 
Fuel Only''.

0
64. Section 86.1808-01 is amended by revising paragraph (f)(19)(iii) to 
read as follows:

[[Page 40443]]

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.

0
65. Section 86.1808-07 is amended by revising paragraph (g) to read as 
follows:


Sec.  86.1808-07  Maintenance instructions.

* * * * *
    (g) For each new diesel-fueled Tier 2 vehicle (certified using a 
test fuel with 15 ppm sulfur or less), the manufacturer shall furnish 
or cause to be furnished to the purchaser a statement that ``This 
vehicle must be operated only with ultra low sulfur diesel fuel (that 
is, diesel fuel meeting EPA specifications for highway diesel fuel, 
including a 15 ppm sulfur cap).''.

0
66. Section 86.1811-04 is amended by revising Table S04-2 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.
\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.

* * * * *

0
67. Section 86.1816-08 is amended by revising paragraph (j)(2) to read 
as follows:


Sec.  86.1816-08  Emission standards for complete heavy-duty vehicles.

* * * * *
    (j) * * *
    (2) The in-use adjustments are:
    (i) 0.1 g/mi for NOX.
    (ii) 0.100 g/mi NMHC.
    (iii) 0.01 g/mi for PM.

0
68. Section 86.1834-01 is amended by revising paragraph (b)(4) 
introductory text,(b)(6)(ii) introductory text, and (b)(6)(ii)(D) to 
read as follows:


Sec.  86.1834-01  Allowable maintenance.

* * * * *
    (b) * * *
    (4) For diesel-cycle light-duty vehicles and light-duty trucks, 
emission-related maintenance in addition to, or at shorter intervals 
than the following will not be accepted as technologically necessary, 
except as provided in paragraph (b)(7) of this section:
* * * * *
    (6) * * *
    (ii) All critical emission-related scheduled maintenance must have 
a reasonable likelihood of being performed in use. The manufacturer 
shall be required to show the reasonable likelihood of such maintenance 
being performed in use, and such showing shall be made prior to the 
performance of the maintenance on the durability data vehicle. Critical 
emission-related scheduled maintenance items which satisfy one of the 
following conditions will be accepted as having a reasonable likelihood 
of the maintenance item being performed in use:
* * * * *
    (D) A manufacturer may desire to demonstrate through a survey that 
a critical maintenance item is likely to be performed without a visible 
signal on a maintenance item for which there is no prior in-use 
experience without the signal. To that end, the manufacturer may in a 
given model year market up to 200 randomly selected vehicles per 
critical emission-related maintenance item without such visible 
signals, and monitor the performance of the critical maintenance item 
by the owners to show compliance with paragraph(b)(6)(ii)(B) of this 
section. This option is restricted to two consecutive model years and 
may not be repeated until any previous survey has been completed.
    If the critical maintenance involves more than one test group, the 
sample will be sales weighted to ensure that it is representative of 
all the groups in question.
* * * * *
0
69. 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.

[[Page 40444]]



                 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

0
70. The authority citation for part 89 is revised to read as follows:

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


0
71. Section 89.1 is amended by revising paragraph (b)(4)(ii) and adding 
paragraph (c) 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.
* * * * *
    (c) In certain cases, the regulations in this part 89 apply to 
engines at or above 250 kW that would otherwise be covered by 40 CFR 
part 1048. See 40 CFR 1048.620 for provisions related to this 
allowance.

0
72. 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.
* * * * *

0
73. 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;
* * * * *

0
74. 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.
* * * * *

0
75. 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 subpartE 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

[[Page 40445]]

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 subpartE 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.
* * * * *

0
76. Section 89.114 is amended by revising paragraph (b)(3) and adding 
paragraph (b)(4) to read as follows:


Sec.  89.114  Special and alternate test procedures.

* * * * *
    (b) * * *
    (3) A manufacturer may elect to use the test procedures in 40 CFR 
part 1065 as an alternate test procedure without advance approval by 
the Administrator. The manufacturer must identify in its application 
for certification that the engines were tested using the procedures in 
40 CFR part 1065. For any EPA testing with Tier 2 orTier 3 engines, EPA 
will use the manufacturer's selected procedures for mapping engines, 
generating duty cycles, and applying cycle-validation criteria. For any 
other parameters, EPA may conduct testing using either of the specified 
procedures.
    (4) Where we specify mandatory compliance with the procedures of 40 
CFR part 1065, such as in Sec.  89.419, manufacturers may elect to use 
the procedures specified in 40 CFR part 86, subpart N, as an alternate 
test procedure without advance approval by the Administrator.

0
77. 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, except Tier 1 engines 
rated at or above 37 kW.

0
78. 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.

0
79. Section 89.319 is amended by revising paragraphs (b)(2)(ii) and (c) 
introductory text to read as follows:


Sec.  89.319  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, 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.
* * * * *

0
80. 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.

0
81. 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.

0
82. 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.

0
83. 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.

0
84. 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 40CFR 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 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.
* * * * *
    (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

[[Page 40446]]

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.

0
85. 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 scaleCO 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.
* * * * *

0
86. 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.)
* * * * *

0
87. 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
------------------------------------------------------------------------
                                                                   Code
                   Annual engine family sales                     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.

* * * * *

0
88. 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 five engines 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).

0
89. Section 89.611 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  89.611  Exemptions and exclusions.

* * * * *
    (b) * * *
    (1) Exemption for repairs or alterations. A person may 
conditionally import under bond a nonconforming engine solely for 
purpose of repairs or alterations. The engine may not be operated in 
the United States other than for the sole purpose of repair or 
alteration or shipment to the point of repair or alteration and to the 
port of export. It may not be sold or leased in the United States and 
is to be exported upon completion of the repairs or alterations.
* * * * *

0
90. Section 89.612 is amended by revising paragraph (d) to read as 
follows:


Sec.  89.612  Prohibited acts; penalties.

* * * * *

[[Page 40447]]

    (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 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.
* * * * *

0
91. A new Sec.  89.614 is added to subpart G to read as follows:


Sec.  89.614  Importation of partially complete engines.

    The provisions of 40 CFR 1068.330 apply for importation of 
partially complete engines, or engines that will be modified for 
applications other than those covered by this part 89.

0
92. 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. However, when using the provisions of 40 CFR 1039.605, 
references to this part 89 or sections in this part shall be used 
instead of references to 40 CFR part 1039 or sections in that part.

0
93. 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. 
However, when using the provisions of 40 CFR 1039.610, references to 
this part 89 or sections in this part shall be used instead of 
references to 40 CFR part 1039 or sections in that part.

0
94. A new Sec.  89.915 is added to subpart J to read as follows:


Sec.  89.915  Staged-assembly exemption.

    You may ask us to provide a temporary exemption to allow you to 
complete production of your engines at different facilities, as long as 
you maintain control of the engines until they are in their certified 
configuration. We may require you to take specific steps to ensure that 
such engines are in their certified configuration before reaching the 
ultimate purchaser. You may request an exemption under this section in 
your application for certification, or in a separate submission.

0
95. 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 FEDERAL NONROAD OR ON-
HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR 
ANY PURPOSE OTHER THAN AS A REPLACEMENT ENGINE FOR AN ENGINE 
MANUFACTURED PRIOR TO JANUARY 1 [INSERT APPROPRIATE YEAR] IS 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 EMISSIONREQUIREMENTS FOR [Insert 
appropriate year reflecting when the Tier 1 or Tier 2 standards for the 
replaced engine began to apply] ENGINES UNDER 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.

0
96. 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

[[Page 40448]]

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.
* * * * *

0
97. A new Sec.  89.1009 is added to subpart K to read as follows:


Sec.  89.1009  What special provisions apply to branded engines?

    A manufacturer identifying the name and trademark of another 
company on the emission control information label, as provided by Sec.  
89.110(b)(2), must comply with the provisions of 40 CFR 1039.640.

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

0
98. The authority citation for part 90 is revised to read as follows:

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

0
99. Section 90.1 is amended by revising paragraphs (b) and (d)(5) and 
adding text to 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 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.
* * * * *

0
100. Section 90.3 is amended by revising the definitions for Marine 
engine, Marine vessel, and United States and adding definitions for 
Amphibious vehicle, Good engineering judgment, 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.
* * * * *
    Good engineering judgment has the meaning given 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.
    Maximum engine power means the maximum value of gross power at 
rated speed.
* * * * *
    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.
* * * * *

0
101. Section 90.119 is amended by revising paragraph (a)(1)(i) to read 
as follows:


Sec.  90.119  Certification procedure--testing.

    (a) * * *
    (1) * * *
    (i) Class I and II engines must use the test cycle that is 
appropriate for their application. Engines that operate only at 
intermediate speed must use Test Cycle A, which is described in Table 2 
of Appendix A to subpart E of this part. Engines that operate only at 
rated speed must use Test Cycle B, which is described in Table 2 of 
Appendix A to subpart E of this part. If an engine family includes 
engines used in both rated-speed and intermediate-speed applications, 
the manufacturer must select the duty cycle that will result in worst-
case emission results for certification. For any testing after 
certification, the engine must be tested using the most appropriate 
test cycle based on the engine's installed governor.
* * * * *

0
102. Section 90.120 is amended by adding and reserving paragraph (b)(3) 
and adding paragraph (b)(4) to read as follows:


Sec.  90.120  Certification procedure--use of special test procedures.

* * * * *
    (b) * * *
    (3) [Reserved]
    (4) Where we specify mandatory compliance with the procedures of 40 
CFR part 1065, manufacturers may elect to use the procedures specified 
in 40 CFR part 86, subpart N, as an alternate test procedure without 
advance approval by the Administrator.
* * * * *

0
103. 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.

0
104. 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.
* * * * *

0
105. 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) * * *

[[Page 40449]]

    (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.
* * * * *

0
106. 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.

0
107. 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.

0
108. Section 90.324 is amended by revising paragraphs (a)(3) and (b) to 
read as follows:


Sec.  90.324  Analyzer leakage check.

    (a) * * *
    (3) The sample probe and the connection between the sample probe 
and valve V2, see Figure 1 in Appendix B of subpart E of this part, may 
be excluded from the leak check.
    (b) Pressure-side leak check. Substantial leaks of the sample on 
the pressure side of the system may impact sample integrity if the 
leaks are of sufficient magnitude. As a safety precaution, good 
engineering practice would require that manufacturers perform periodic 
pressure-side leak checks of the sampling system. The recommended 
maximum leakage rate on the pressure side is five percent of the in-use 
flow rate.
0
109. Section 90.326 is amended by revising the introductory text, and 
paragraphs (a) and (e)(4) to read as follows:


Sec.  90.326  Pre- and post-test analyzer calibration.

    Calibrate only the range of each analyzer used during the engine 
exhaust emission test prior to and after each test in accordance with 
the following:
    (a) Make the calibration by using a zero gas and a span gas. The 
span gas value must be between 75 and 100 percent of the highest range 
used.
* * * * *
    (e) * * *
    (4) If the response of the zero gas or span gas differs more than 
one percent of full scale at the highest range used, then repeat 
paragraphs (e)(1) through (3) of this section.

0
110. 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.

0
111. Section 90.405 is amended by removing paragraph (d)(10).

0
112. Section 90.408 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  90.408  Pre-test procedures.

* * * * *
    (b) * * *
    (2) An evaluation of the effects of test measurement systems on 
engine emissions shall be conducted using good engineering judgment to 
ensure that such test systems do not significantly impact exhaust 
emissions from the engine. For example, this would require evaluation 
of all types of emission sampling systems, and of fuel- and air-flow 
measurement systems for raw sampling. This can be accomplished by 
operating the engine at the highest engine torque value that will be 
encountered on the test cycle before and after such test systems are 
installed to ensure that the impact on measured torque is less than 5 
percent. This may also be accomplished by measuring air-to-fuel ratio 
using a zirconia universal exhaust gas oxygen (UEGO) sensor to ensure 
that the impact on measured air-to-fuel ratio is less than 5 percent at 
the highest engine torque value that will be encountered on the test 
cycle before and after such test systems are installed. The impact of 
air- and fuel-flow measurement systems may be evaluated based on an 
engineering analysis of the impact of the change in pressure induced on 
air-intake pressure and fuel supply pressure by these measurement 
systems. While this would typically be done before testing, it may also 
be done as a post-test verification.
* * * * *

0
113. Section 90.409 is amended by revising paragraph (c)(6) to read as 
follows:


Sec.  90.409  Engine dynamometer test run.

* * * * *
    (c) * * *
    (6) If, during the emission measurement portion of a mode, the 
value of the gauges downstream of the NDIR analyzer(s) G3 or G4 (see 
Figure 1 in Appendix B of this subpart), differs by more than 0.5kPa from the pretest value, the test mode is void.

0
114. Section 90.417 is revised to read as follows:


Sec.  90.417  Fuel flow measurement specifications.

    (a) Fuel flow measurement is required only for raw testing. Fuel 
flow is allowed for dilute testing.
    (b) The fuel flow measurement instrument must have a minimum 
accuracy of one percent of full-scale flow rate for each measurement 
range used. An exception is allowed for the idle mode. For this mode, 
the minimum accuracy is  five percent of full-scale flow 
rate for the measurement range used. The controlling parameters are the 
elapsed time measurement of the event and the weight or volume 
measurement. You may apply the accuracy specifications of 40 CFR part 
1065, subpart C, instead of those in this paragraph(b).

0
115. Section 90.418 is revised to read as follows:


Sec.  90.418  Data evaluation for gaseous emissions.

    For the evaluation of the gaseous emissions recording, record the 
last two minutes of each mode and determine the average values for HC, 
CO, CO2 and NOX during each mode from the average 
concentration readings determined from the corresponding calibration 
data. Longer averaging times are acceptable, but the reported sampling 
period must be a continuous set of data.

0
116. Section 90.419 is amended by removing paragraph (e) and revising 
the equations for KH and H in paragraphs (b) and (c) to read 
as follows:


Sec.  90.419  Raw emission sampling calculations--gasoline fueled 
engines.

* * * * *
    (b) * * *
KH = Factor for correcting the effects of humidity on 
NO2 formation for 4-

[[Page 40450]]

stroke gasoline small engines, as follows:

KH = (9.953 x H + 0.832)


Where:

H = the amount of water in an ideal gas; 40 CFR 1065.645 describes how 
to determine this value (referred to as xH2O).
KH = 1 for two-stroke gasoline engines.

    (c) * * *

    KH = Factor for correcting the effects of humidity on 
NO2 formation for 4-stroke gasoline small engines, as 
follows:
    KH = (9.953 x H + 0.832)


Where:

H = the amount of water in an ideal gas; 40 CFR 1065.645 describes how 
to determine this value (referred to as xH2O).
KH = 1 for two-stroke gasoline engines.
* * * * *

0
117. Section 90.421 is amended by revising paragraph (b) introductory 
text and (b)(4)(ii) introductory text 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:
* * * * *

0
118. Section 90.426 is amended by removing and reserving paragraphs (f) 
and (g) and revising paragraph (e) to read as follows:


Sec.  90.426  Dilute emission sampling calculations--gasoline fueled 
engines.

* * * * *
    (e) The humidity correction factor KH is an adjustment 
made to measured NOX values. This corrects for the 
sensitivity that a spark-ignition engine has to the humidity of its 
combustion air. The following formula is used to determine 
KH for NOX calculations:

KH = (9.953 H + 0.832)


Where:

H = the amount of water in an ideal gas; 40 CFR 1065.645 describes how 
to determine this value (referred to as xH2O).

KH = 1 for two-stroke gasoline engines.

    (f) [Reserved]
    (g) [Reserved]
* * * * *

0
119. Section 90.612 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  90.612  Exemptions and exclusions.

* * * * *
    (b) * * *
    (1) Exemption for repairs or alterations. A person may 
conditionally import under bond a nonconforming engine solely for 
purpose of repairs or alterations. The engine may not be operated in 
the United States other than for the sole purpose of repair or 
alteration or shipment to the point of repair or alteration and to the 
port of export. It may not be sold or leased in the United States and 
is to be exported upon completion of the repairs or alterations.
* * * * *

0
120. 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.

0
121. A new Sec.  90.615 is added to subpart G to read as follows:


Sec.  90.615  Importation of partially complete engines.

    The provisions of 40 CFR 1068.330 apply for importation of 
partially complete engines, or engines that will be modified for 
applications other than those covered by this part 90.

0
122. Section 90.706 is amended by revising the equation for N in 
paragraph (b)(1) to read as follows:


Sec.  90.706  Engine sample selection.

* * * * *
    (b) * * *
    [GRAPHIC] [TIFF OMITTED] TR13JY05.006
    
* * * * *

0
123. 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.

0
124. 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

[[Page 40451]]

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

0
125. The authority citation for part 91 is revised to read as follows:

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

0
126. 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:
    (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.
* * * * *

0
127. Section 91.119 is amended by adding and reserving paragraph (b)(3) 
and adding paragraph (b)(4) to read as follows:


Sec.  91.119  Certification procedure--use of special test procedures.

* * * * *
    (b) * * *
    (3) [Reserved]
    (4) Where we specify mandatory compliance with the procedures of 40 
CFR part 1065, manufacturers may elect to use the procedures specified 
in 40 CFR part 86, subpart N, as an alternate test procedure without 
advance approval by the Administrator.

0
128. Section 91.207 is amended by revising the second equation for S(t) 
in paragraph (a) to read as follows:


Sec.  91.207  Credit calculation and manufacturer compliance with 
emission standards.

    (a) * * *

S(t) = exp -(0.906 x t/[mu]life)4
* * * * *

0
129. 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.

0
130. Section 91.316 is amended by revising paragraphs (b)(2)(ii) and 
(c) introductory text, and the first equation in paragraph (d)(6) 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.
* * * * *
    (d) * * *
    (6) * * *

percent O2 I = (B - Analyzer response (ppm C))/B x 100
* * * * *

0
131. Section 91.318 is amended by revising paragraph (d) and the 
equation in paragraph (b)(11) to read as follows:


Sec.  91.318  Oxides of nitrogen analyzer calibration.

* * * * *
    (b) * * *
    (11) * * *

percent efficiency = (1 + (a - b)/(c - d)) x 100
* * * * *
    (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.

0
132. 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.

0
133. Section 91.325 is amended by revising the equations in paragraphs

[[Page 40452]]

(c)(1)(iv) and (c)(2)(iii) and adding paragraph (c)(2)(iv) to read as 
follows:


Sec.  91.325  Analyzer interference checks.

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * *

percent CO2 quench =100 - 100 x [c x a/(d x a - d x b)] x a/
b
* * * * *
    (2) * * *
    (iii) * * *

D1 = D x (1 - Z1/100)

    (iv)(A) The maximum raw or dilute exhaust water vapor concentration 
expected during testing (designated as Wm) can be estimated from the 
CO2 span gas (or as defined in the equation in this 
paragraph and designated as A) criteria in paragraph (c)(1) of this 
section and the assumption of a fuel atom H/C ratio of 1.8:1 as:

Wm(%) = 0.9 x A(%)


Where:

A = maximum CO2 concentration expected in the sample system 
during testing.

    (B) Percent water quench shall not exceed 3 percent and shall be 
calculated by:

% Water Quench = 100 x (D1 - AR)/D1 x Wm/Z1


0
134. 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]
* * * * *

0
135. 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, 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 pat 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.

0
136. 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.

0
137. A new Sec.  91.707 is added to read as follows:


Sec.  91.707  Importation of partially complete engines.

    The provisions of 40 CFR 1068.330 apply for importation of 
partially complete engines.

0
138. 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.
* * * * *
    (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

0
139. The authority citation for part 92 is revised to read as follows:

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


0
140. Section 92.1 is amended by revising paragraphs (a) introductory 
text, (b)(3), and (b)(4) and adding paragraph (d) to read as follows:

[[Page 40453]]

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.

0
141. Section 92.2 is amended in paragraph (b) by revising the 
definitions for ``Calibration'', ``Locomotive'', 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.
* * * * *
    Locomotive means a self-propelled piece of on-track equipment 
designed for moving or propelling cars that are designed to carry 
freight, passengers or other equipment, but which itself is not 
designed or intended to carry freight, passengers (other than those 
operating the locomotive) or other equipment. The following other 
equipment are not locomotives (see 40 CFR parts 86 and 89 for this 
equipment):
    (1) Equipment which is designed for operation both on highways and 
rails are not locomotives.
    (2) Specialized railroad equipment for maintenance, construction, 
post accident recovery of equipment, and repairs; and other similar 
equipment, are not locomotives.
    (3) Vehicles propelled by engines with total rated horsepower of 
less than 750 kW (1006 hp) are not locomotives (see 40 CFR parts 86 and 
89 for this equipment), unless the owner (including manufacturers) 
chooses to have the equipment certified under the requirements of this 
part. Where equipment is certified as a locomotive pursuant to this 
paragraph (3), it shall be subject to the requirements of this part for 
the remainder of its service life. For locomotives propelled by two or 
more engines, the total rated horsepower is the sum of the rated 
horsepowers of each engine.
* * * * *
    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.
* * * * *

0
142. Section 92.8 is amended by revising paragraph (b) to read as 
follows:


Sec.  92.8  Emission standards.

* * * * *
    (b) No crankcase emissions shall be discharged directly into the 
ambient atmosphere from any new locomotive or new locomotive engine, 
except as allowed by paragraph (1) of this paragraph (b).
    (1) Discharge of crankcase emissions into the engine exhaust 
complies with this prohibition, provided crankcase emissions are 
measured and included with exhaust emissions. Other discharge of 
crankcase emissions complies with this prohibition, provided crankcase 
emissions are measured in all certification, production-line, and in-
use tests and the masses are added mathematically to the exhaust 
emissions.
    (2) Compliance with this standard is required throughout the entire 
service life of the locomotive or locomotive engine.
* * * * *

0
143. Section 92.12 is amended by adding paragraphs (g) and (h) to read 
as follows:


Sec.  92.12  Interim provisions.

* * * * *
    (g) Tier 0 locomotive labels. Remanufacturers may use identical 
labels for locomotives and engines for Tier 0 locomotives, provided the 
remanufacturer demonstrates to EPA that they will supply two labels 
(one for the locomotive and one for the engine) only with those 
remanufacturing systems being applied to locomotives that have not been 
previously labeled (i.e., locomotives that have not been previously 
certified). For other locomotives, the remanufacturer may only supply 
one label.
    (h) Labels for calendar year 2005. During calendar year 2005, 
manufacturers and remanufacturers may comply with the labeling 
requirements that were applicable during calendar year 2004, instead of 
the labeling requirements specified in Sec.  92.212(c)(2)(v).

0
144. Section 92.104 is amended by revising paragraph (b)(1)(i) to read 
as follows:


Sec.  92.104  Locomotive and engine testing; overview.

* * * * *
    (b) * * *
    (1) * * *
    (i) Engine speed setpoints for each mode shall be within 2 percent 
of the speed of the engine when it is operated in the locomotive. 
Engine load setpoints for each mode shall be within 2 percent (or 3.0 
horsepower, whichever is greater) of the load of the engine when it is 
operated in the locomotive.
* * * * *

0
145. Section 92.105 is amended by revising paragraph (d) to read as 
follows:


Sec.  92.105  General equipment specifications.

* * * * *
    (d) Electrical measurements. Instruments used to measure engine 
power output shall comply with the requirements of Sec.  92.106.
* * * * *

0
146. Section 92.106 is amended by revising paragraph (b)(1)(ii) to read 
as follows:


Sec.  92.106  Equipment for loading the engine.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Engine flywheel torque readout shall be accurate to within 
2 percent of the NIST ``true'' value torque at all power 
settings above 10 percent of full-

[[Page 40454]]

scale, and accurate to within 5 percent of the NIST 
``true'' value torque at power settings at or below 10 percent of full-
scale.

0
147. 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 with the general requirements of 40 CFR part 1065, 
subpart I, for sampling and analysis of alcohols and aldehydes, and 
with good engineering practice.
* * * * *

0
148. Section 92.114 is amended by revising paragraphs (a)(2)(ii), 
(d)(2) introductory text and (e)(1) to read as follows:


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

* * * * *
    (a) * * *
    (2) * * *
    (ii) For locomotive testing where the locomotive has multiple 
exhaust stacks, proportional samples may be collected from each exhaust 
outlet instead of ducting the exhaust stacks together, provided that 
the CO2 concentrations in each exhaust stream are shown 
(either prior to testing or during testing) to be within 5 percent of 
each other at notch 8.
* * * * *
    (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.
* * * * *

0
149. Section 92.123 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  92.123  Test procedure; general requirements.

    (a) * * *
    (2) For locomotives with multiple exhaust stacks, smoke testing is 
required for only one of the exhaust stacks provided the following 
conditions are met:
    (i) The stack that is not tested is not visibly smokier than the 
stack that is tested, and
    (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.
* * * * *

0
150. Section 92.124 is amended by revising paragraph (f) to read as 
follows:


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 No.              Notch setting       Time in notch       Emissions measured      consumption
                                                                                \2\                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\1\.....  6 min minimum........  All................  Both
1............................  Normal Idle.....  6 min minimum........  All................  Both
2............................  Dynamic Brake\1\  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
----------------------------------------------------------------------------------------------------------------
\1\ Omit if not so equipped.
\2\ 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. The minimum time in notch is three minutes for test sequences in which only smoke is measured.


0
151. Section 92.126 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  92.126  Test run.

* * * * *
    (b) * * *
    (3) Fuel flow rate shall be measured continuously. The value 
reported for the fuel flow rate shall be a one-minute average of the 
instantaneous fuel flow

[[Page 40455]]

measurements taken during the last minute of the minimum sampling 
period listed in Table B124-1 in Sec.  92.124; except for testing 
during idle modes, where it shall be a three-minute average of the 
instantaneous fuel flow measurements taken during the last three 
minutes of the minimum sampling period listed in Table B124-1 in Sec.  
92.124. Sampling periods greater than one minute are allowed, 
consistent with good engineering practice. Fuel flow averaging periods 
should generally match the emission sampling periods as closely as is 
practicable.
* * * * *

0
152. Section 92.131 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  92.131  Smoke, data analysis.

* * * * *
    (b) * * *
    (3) The ``steady-state'' value is either:
    (i) The highest reading occurring more than two minutes after the 
notch change (excluding peaks lasting less than 5 seconds, caused by 
such random events as the cycling of an air compressor) if opacity 
measurements are recorded graphically; or
    (ii) The average of the second by second values between 120 and 180 
seconds after the notch change if opacity measurements are recorded 
digitally.
* * * * *

0
153. 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).
* * * * *

0
154. 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;
* * * * *

0
155. Section 92.204 is amended by revising paragraph (a) to read as 
follows:


Sec.  92.204  Designation of engine families.

* * * * *
    (a) Manufacturers and remanufacturers shall divide their 
locomotives and locomotive engines into groupings of locomotives and 
locomotive engines which are expected to have similar emission 
characteristics throughout their useful life. Each group shall be 
defined as a separate engine family. Freshly manufactured locomotives 
may not be included in the same engine family as remanufactured 
locomotives. Freshly manufactured engines may be included in the same 
engine family as remanufactured locomotives, provided such engines are 
used as replacement engines for locomotive models included in the 
engine family.
* * * * *

0
156. 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:
* * * * *

0
157. Section 92.208 is amended by revising paragraphs (a) and (b) 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.
    (b) This paragraph (b) applies to remanufacturers of locomotives 
and locomotive engines. If, after a review of the application for 
certification, test reports and data acquired from a remanufactured 
locomotive or locomotive engine or from a development data engine, and 
any other information required or obtained by EPA, the Administrator 
determines that the engine family meets the requirements of the Act and 
of this subpart, 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.
* * * * *

0
158. Section 92.210 is amended by revising paragraphs (b)(1), (b)(2), 
(d)(2), and (d)(3) to read as follows:

[[Page 40456]]

Sec.  92.210  Amending the application and certificate of conformity.

* * * * *
    (b) * * *
    (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.
* * * * *

0
159. Section 92.212 is amended by revising paragraphs (b)(2)(ii), 
(b)(2)(v)(A), (b)(2)(v)(G), (c)(2)(v)(A), and(c)(2)(v)(D)(2) to read as 
follows:


Sec.  92.212  Labeling.

* * * * *
    (b) * * *
    (2) * * *
    (ii) The label shall be attached to a locomotive chassis part 
necessary for normal operation and not normally requiring replacement 
during the service life of the locomotive. This label may not be 
attached to the engine.
* * * * *
    (v) * * *
    (A) The label heading: Original Locomotive Emission Control 
Information. Manufacturers and remanufacturers may add a subheading to 
distinguish this label from the engine label described in paragraph (c) 
of this section.
* * * * *
    (G) The standards and/or FELs to which the locomotive was 
certified.
* * * * *
    (c) * * *
    (2) * * *
    (v) * * *
    (A) The label heading: Engine Emission Control Information. 
Manufacturers and remanufacturers may add a subheading to distinguish 
this label from the locomotive label described in paragraph (b) of this 
section.
* * * * *
    (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
* * * * *

0
160. 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 
orexplanations 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.
* * * * *

0
161. Section 92.216 is amended by removed by removing and reserving 
paragraph (a)(2).


Sec.  92.216  [Amended]

0
162. Section 92.403 is amended by revising paragraph (b) to read as 
follows:


Sec.  92.403  Emission defect information report.

* * * * *
    (b) Defect information reports required under paragraph (a) of this 
section must be submitted not more than 15 working days after the same 
emission-related defect is found to affect 10 or more locomotives or 
locomotive engines. Information required by paragraph (c) of this 
section that is either not available within 15 working days or is 
significantly revised must be submitted as it becomes available.
* * * * *

0
163. Section 92.508 is amended by revising paragraph (e) introductory 
text to read as follows:


Sec.  92.508  Calculation and reporting of test results.

* * * * *
    (e) Within 45 calendar days of the end of each quarter, each 
manufacturer or remanufacturer must submit to the Administrator a 
report which includes the following information:
* * * * *

0
164. Section 92.511 is amended by revising paragraph (g) introductory 
text to read as follows:


Sec.  92.511  Remanufactured locomotives: installation audit 
requirements.

* * * * *
    (g) Within 45 calendar days of the end of each quarter, each 
remanufacturer must submit to the Administrator a

[[Page 40457]]

report which includes the following information:
* * * * *

0
165. 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.
* * * * *

0
166. A new Sec.  92.806 is added to read as follows:


Sec.  92.806  Importation of partially complete engines.

    The provisions of 40 CFR 1068.330 apply for importation of 
partially complete engines, or engines that will be modified for 
applications other than those covered by this part 92.

0
167. 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:
* * * * *

0
168. Section 92.907 is amended by revising paragraphs (a)(3) and (b)(3) 
to read as follows:


Sec.  92.907  Non-locomotive-specific engine exemption.

    (a) * * *
    (3) The number of such engines exempted under this paragraph (a) 
does not exceed:
    (i) 50 per manufacturer in any calendar year, where EPA determines 
that the use of the non-locomotive-specific engines will result in a 
significantly greater degree of emission control over the lifetime of 
the locomotive than using remanufactured engines certified under this 
part 92; or
    (ii) 25 per manufacturer in any calendar year, where EPA has not 
determined that the use of the non-locomotive-specific engines will 
result in a significantly greater degree of emission control over the 
lifetime of the locomotive than using remanufactured engines certified 
under this part 92;
* * * * *
    (b) * * *
    (3) The number of such locomotives sold or leased by the locomotive 
manufacturer within any three-year period, and exempted under this 
paragraph (b) does not exceed 30; and
* * * * *

0
169. A new Sec.  92.912 is added to subpart J to read as follows:


Sec.  92.912  Staged-assembly exemption.

    You may ask us to provide a temporary exemption to allow you to 
complete production of your engines at different facilities, as long as 
you maintain control of the engines until they are in their certified 
configuration. We may require you to take specific steps to ensure that 
such engines are in their certified configuration before reaching the 
ultimate purchaser. You may request an exemption under this section in 
your application for certification, or in a separate submission.
0
170. 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 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.
* * * * *

0
171. 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) * * *
    (1) Four 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

0
172. The authority citation for part 94 is revised to read as follows:

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


0
173. Section 94.2 is amended in paragraph (b) by removing the 
definitions of Auxiliary engine and Propulsion engine, 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

[[Page 40458]]

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 marineengines:
    (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.
* * * * *

0
174. Section 94.9 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  94.9  Compliance with emission standards.

    (a) * * *
    (3) Manufacturers may request in the 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, the 
demonstration must include documentation from such in-use engines. In 
other cases, the 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. The 
demonstration must also include recommended overhaul intervals, any 
mechanical warranty offered for the engine or its components, and any 
relevant customer design specifications. The 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) The recommended overhaul interval.
    (iii) The mechanical warranty for the engine.
* * * * *

0
175. Section 94.12 is amended by revising paragraph (h) to read as 
follows:


Sec.  94.12  Interim provisions.

* * * * *
    (h) Flexibility for small-volume boat builders. Notwithstanding the 
other provisions of this part, manufacturers may sell uncertified 
recreational engines to small-volume boat builders during the first 
five years for which the emission standards in Sec.  94.8 apply, 
subject to the following provisions:
    (1) The U.S.-directed production volume of boats from any small-
volume boat builder using uncertified engines during the total five-
year period may not exceed 80 percent of the manufacturer's average 
annual production for the three years prior to the general 
applicability of the recreational engine standards in Sec.  94.8, 
except as allowed in paragraph (h)(2) of this section.
    (2) Small-volume boat builders may exceed the production limits in 
paragraph (h)(1) of this section, provided they do not exceed 20 boats 
during the five-year period or 10 boats in any single calendar year. 
This does not apply to boats powered by engines with displacement 
greater than 2.5 liters per cylinder.
    (3) Small-volume boat builders must keep records of all the boats 
and engines produced under this paragraph (h), including boat and 
engine model numbers, serial numbers, and dates of manufacture. Records 
must also include information verifying compliance with the limits in 
paragraph (h)(1) or (2) of this section. Keep these records until at 
least two full years after you no longer use the provisions in this 
paragraph (h).
    (4) Manufacturers must add a permanent, legible label, written in 
block letters in English, to a readily visible part of each engine 
exempted under this paragraph (h).
    This label must include at least the following items:
    (i) The label heading ``EMISSION CONTROL INFORMATION''.
    (ii) Your corporate name and trademark.
    (iii) Engine displacement (in liters), rated power, and model year 
of the engine or whom to contact for further information.
    (iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 94.12(h)
    FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

0
176. Section 94.105 is amended by revising paragraph (b) before the 
table to read as follows:


Sec.  94.105  Duty cycles.

* * * * *
    (b) General cycle. Propulsion engines that are used with (or 
intended to be used with) fixed-pitch propellers, propeller-law 
auxiliary engines, and any other engines for which the other duty 
cycles of this section do not apply, shall be tested using the duty 
cycle described in the following Table B-1:
* * * * *

0
177. Section 94.106 is amended by revising paragraph (b)(3)(i) to read 
as follows:


Sec.  94.106  Supplemental test procedures for Category 1 and Category 
2 marine engines.

* * * * *
    (b) * * *
    (3) * * *
    (i) The Not to Exceed zone is the region above the curve power = 
0.85SPD \4\, excluding all operation below 25% of maximum power at 
rated speed and excluding all operation below 63% of maximum test.
* * * * *

0
178. 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.
* * * * *

0
179. 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.
* * * * *

0
180. Section 94.211 is amended by revising paragraph (k) to read as 
follows:


Sec.  94.211  Emission-related maintenance instructions for purchasers.

* * * * *
    (k) For Category 3 engines, the manufacturer must provide the 
ultimate purchaser with a Technical File meeting the specifications of 
section 2.4 of the

[[Page 40459]]

Annex VI Technical Code(incorporated by reference in Sec.  94.5). The 
maintenance instructions required by this part to be provided by 
manufacturer may be included in this Technical File. The manufacturer 
must provide a copy of this Technical File to EPA upon request.
* * * * *

0
181. Section 94.212 is amended by revising paragraph (b)(6) and (b)(7) 
to read as follows:


Sec.  94.212  Labeling.

* * * * *
    (b) * * *
    (6) A prominent unconditional statement of compliance with U.S. 
Environmental Protection Agency regulations that apply to marine 
compression-ignition engines.
    (7) The useful life of the engine, unless the applicable useful 
life is based on the provisions of Sec.  94.9(a)(1).
* * * * *

0
182. A new Sec.  94.806 is added to read as follows:


Sec.  94.806  Importation of partially complete engines.

    The provisions of 40 CFR 1068.330 apply for importation of 
partially complete engines, or engines that will be modified for 
applications other than those covered by this part 94.

0
183. Section 94.904 is amended by revising paragraph (a) and adding a 
new paragraph (c) to read as follows:


Sec.  94.904  Exemptions.

    (a) Except as specified otherwise in this subpart, the provisions 
of Sec. Sec.  94.904 through 94.913 exempt certain new engines from the 
standards, other requirements, and prohibitions of this part, except 
for the requirements of this subpart and the requirements of Sec.  
94.1104. Additional requirements may apply for imported engines; these 
are described in subpart I of this part.
* * * * *
    (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. 
Theseengines must have emission control information labels that 
accurately describe their status.

0
184. Section 94.907 is revised 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 you 
do not make any of the changes described in paragraph(d)(3) of this 
section and you meet the requirements of paragraph (e) 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.
    (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) You must produce it by marinizing an engine covered by a valid 
certificate of conformity from one of the following programs:
    (i) Heavy-duty highway engines (40 CFR part 86).
    (ii) Land-based nonroad diesel engines (40 CFR part 89 or 1039).
    (iii) Locomotive engines (40 CFR part 92).
    (2) The engine must have the label required under 40 CFR part 86, 
89, 92, or 1039.
    (3) You must not make any changes to the certified engine that 
could reasonably be expected to increase its emissions. For example, if 
you make any of the following changes to one of these engines, you do 
not qualify for the engine dressing exemption:
    (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.
    (ii) Replacing an original turbocharger, except that small-volume 
manufacturers of recreational engines may replace an original 
turbocharger with one that matches the performance of the original 
turbocharger.
    (iii) Modify or design the marine engine cooling or aftercooling 
system so that temperatures or heat rejection rates are outside the 
original engine manufacturer's specified ranges.
    (4) You must show that fewer than 50 percent of the engine family's 
total sales in the United States are used in marine applications. This 
includes engines used in any application, without regard to which 
company manufactures the vessel orequipment. Show this 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.
    (e) If you are an engine manufacturer or boat builder using this 
exemption, you must do all of the following:
    (1) Make sure the original engine label will remain clearly visible 
after installation in the vessel.
    (2) Add a permanent supplemental label to the engine in a position 
where it will remain clearly visible after installation in the vessel. 
In your engine label, do the following:
    (i) Include the heading: ``Marine Engine Emission Control 
Information''.

[[Page 40460]]

    (ii) Include your full corporate name and trademark.
    (iii) State: ``This engine was marinized without affecting its 
emission controls.''
    (iv) State the date you finished marinizing the engine (month and 
year).
    (3) Send a signed letter to the Designated Officer 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 for which you expect to use this 
exemption in the coming year and describe your basis for meeting the 
sales restrictions of paragraph (d)(4) of this section.
    (iii) State: ``We prepare each listed engine model for marine 
application without making any changes that could increase its 
certified emission levels, as described in 40 CFR 94.907.''
    (f) Engine inventories. In general you may use up your inventory of 
engines that are not certified to new marine emission standards if they 
were originally manufactured before the date of the new standards. 
However, stockpiling these engines is a violation of Sec.  
94.1103(a)(1)(i)(A).
    (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. (1) If you are the original manufacturer and 
marinizer of an exempted engine, you must send us emission test data on 
the appropriate marine duty cycles. You can include the data in your 
application for certification or in the letter described in paragraph 
(e)(3) of this section.
    (2) If you are the original manufacturer of an exempted engine that 
is marinized by a post-manufacture marinizer, you may be required to 
send us emission test data on the appropriate marine duty cycles. If 
such data are requested you will be allowed a reasonable amount of time 
to collect the data.
    (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.
    (j) Operator requirements. 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.

0
185. 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.

    This section applies to auxiliary marine engines that are identical 
to certified land-based engines. See Sec.  94.907 for provisions that 
apply to propulsion marine engines or auxiliary marine engines that are 
modified for marine applications.
    (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 part 89 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 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 land-based applications in a 
marine vessel as long as you meet all the qualifying criteria and 
requirements specified in paragraphs (d) and (e) of this section. If 
you modify the non-marine engine, we will consider you a manufacturer 
of a new marine 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 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 part 89 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 89 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 89 or 1068.
    (d) Qualifying criteria. 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) The marine engine 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) You must show that the number of auxiliary marine engines from 
the engine family must be smaller than the number of land-based engines 
from the engine family sold in the United States, 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.
    (e) Specific requirements. If you are an engine manufacturer or 
boat builder using this exemption, you must do all of the following:
    (1) Make sure the original engine label will remain clearly visible 
after installation in the vessel. This label or a supplemental label 
must identify that the original certification is valid for marine 
auxiliary applications.
    (2) Send a signed letter to the Designated Officer 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 marine 
application without making any changes that could increase its 
certified emission levels, as described in 40 CFR 94.907.''
    (3) If you are the certificate holder, you must describe in your 
application for certification how you plan to produce engines for both 
land-based and auxiliary marine applications, including projected sales 
of auxiliary marine engines to the extent this can be determined. If 
the projected marine sales are substantial, we may ask for the

[[Page 40461]]

year-end report of production volumes to include actual auxiliary 
marine engine sales.
    (f) 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 89 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).
    (g) Participation in averaging, banking and trading. Engines using 
this exemption may not generate or use emission credits under this part 
94. These engines may generate credits under the ABT provisions in 40 
CFR part 89 or 1039, as applicable. These engines must use emission 
credits under 40 CFR part 89 or 1039 as applicable if they are 
certified to an FEL that exceeds an applicable standard.
    (h) Operator requirements. 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.

0
186. A new Sec.  94.913 is added to subpart J to read as follows:


Sec.  94.913  Staged-assembly exemption.

    You may ask us to provide a temporary exemption to allow you to 
complete production of your engines at different facilities, as long as 
you maintain control of the engines until they are in their certified 
configuration. We may require you to take specific steps to ensure that 
such engines are in their certified configuration before reaching the 
ultimate purchaser. You may request an exemption under this section in 
your application for certification, or in a separate submission to the 
Designated Officer.

0
187. Section 94.1004 is amended by revising paragraphs (b) and (c) 
introductory text to read as follows:


Sec.  94.1004  Maintenance, repair, adjustment, and recordkeeping.

* * * * *
    (b) Unless otherwise approved by the Administrator, all 
maintenance, repair, adjustment,and alteration of Category 3 engines 
subject to the provisions of this part performed by any owner, operator 
or other maintenance provider that is not covered by paragraph (a) of 
this section shall be performed, using good engineering judgment, in 
such a manner that the engine continues (after the maintenance, repair, 
adjustment or alteration) to meet the emission standards it was 
certified as meeting prior to the need for service. Adjustmentsare 
limited to the range specified by the engine manufacturer in the 
approved application for certification.
    (c) A Category 3 engine may not be adjusted or altered contrary to 
the requirements of Sec.  94.11 or paragraph (b) of this section, 
except as allowed by Sec.  94.1103(b)(2). If such an adjustment or 
alteration occurs, the engine must be returned to a configuration 
allowed by this part within two hours of operation. Each two-hour 
period during which there is noncompliance is a separate violation. The 
following provisions apply to adjustments oralterations made under 
Sec.  94.1103(b)(2):
* * * * *

0
188. Section 94.1103 is amended by revising paragraph (b)(3) and adding 
paragraphs (a)(8) and (b)(4) to read as follows:


Sec.  94.1103  Prohibited acts.

    (a) * * *
    (8) For an owner or operator of a vessel installing a replacement 
engine under the provisions of paragraph (b)(4) of this section to make 
modifications to significantly increase the value of the vessel within 
six months after installing the replacement engine.
    (b) * * *
    (3) Where the Administrator determines that no engine that is 
certified to the requirements of this part is produced by any 
manufacturer with the appropriate physical or performance 
characteristics to repower a vessel, the Administrator may allow an 
engine manufacturer to introduce into commerce a replacement engine 
without complying with all of the otherwise applicable requirements of 
this part. Such engine shall not be subject to the prohibitions of 
paragraph (a)(1) of this section, subject to all the following 
provisions:
    (i) The engine requiring replacement is not certified or is 
certified to emission standards that are less stringent than those in 
effect when the replacement engine is built.
    (ii) The engine manufacturer or its agent takes ownership and 
possession of the engine being replaced or confirms that the engine has 
been destroyed.
    (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 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 FOR 
[Insert appropriate year reflecting when the Tier 1 or Tier 2 standards 
for the replaced engine began to apply] ENGINES UNDER 40 CFR 
94.1103(b)(3). SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER 
THAN TO REPLACE A MARINE ENGINEBUILT 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.
    (v) Where the replacement engine is intended to replace an engine 
that is certified to emission standards that are less stringent than 
those in effect when the replacement engine is built, the replacement 
engine shall be identical in all material respects to a certified 
configuration of the same or later model year as the engine being 
replaced.
    (vi) Engines sold pursuant to the provisions of this paragraph will 
neither generate nor use emission credits and will not be part of any 
accounting under the averaging, banking and trading program.
    (vii) In cases where an engine is to be imported for replacement 
purposes under the provisions of this paragraph (b)(3) of this section, 
the term ``engine manufacturer'' shall not apply to an individual or 
other entity that does not possess a current Certificate of Conformity 
issued by EPA under this part; and
    (viii) The provisions of this section may not be used to 
circumventemission standards that apply to new engines under this part.
    (4) An engine manufacturer may make the determination related to 
replacement engines described in paragraph (b)(3) of this section 
instead

[[Page 40462]]

of the Administrator, if the new engine is needed to replace an engine 
that has experienced catastrophic failure. The engine manufacturer must 
consider whether certified engines are available from its own product 
lineup or that of the manufacturer of the engine being replaced (if 
different). The engine manufacturer must keep records explaining why a 
certified engine was not available and make these records available 
upon request.

0
189. 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) orSec.  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 
NONROADCOMPRESSION-IGNITION ENGINES

0
190. The authority citation for part 1039 is revised to read as 
follows:

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

0
191. 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.
* * * * *

0
192. 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) * * *
    (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.
* * * * *

0
193. 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:
* * * * *

0
194. Section 1039.101 is amended by revising paragraph (g)(2) to read 
as follows:


Sec.  1039.101  What exhaust emission standards must my engines meet 
after the 2014 model year?

* * * * *
    (g) * * *
    (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 thatare 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.
* * * * *

0
195. 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

[[Page 40463]]

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 EMISSIONSTANDARDS UNDER 40 CFR 
1039.104(a).'' For power categories witha percentage phase-in, these 
engines should be treated as phase-in engines for purposes of 
determining compliance with phase-in requirements.
* * * * *

0
196. Section 1039.120 is amended by revising paragraph (b) before the 
table to read as follows:


Sec.  1039.120  What emission-related warranty requirements apply to 
me?

* * * * *
    (b) Warranty period. Your emission-related warranty must be valid 
for at least as long as the minimum warranty periods listed in this 
paragraph (b) in hours of operation and 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 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. The 
minimum warranty periods are shown in the following table:
* * * * *

0
197. Section 1039.125 is amended by revising paragraph (g) introductory 
text to readas follows:


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:
* * * * *
0
198. 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).
* * * * *
0
199. 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 averageemission 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 averageemission 
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 engines 
produced after the change.
0
200. 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, and 
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.  1039.260  [Removed]

0
201. Section 1039.260 is removed.

0
202. Section 1039.501 is amended by revising paragraph (a) to read as 
follows:


Sec.  1039.501  How do I run a valid emission test?

    (a) Use the equipment and procedures for compression-ignition 
engines in 40 CFR part 1065 to determine whether engines meet the duty-
cycle emission standards in Sec.  1039.101(a) and (b). Measure the 
emissions of all the pollutants we regulate in Sec.  1039.101 as 
specified in 40 CFR part 1065. Use the applicable duty cycles specified 
in Sec. Sec.  1039.505 and 1039.510.
* * * * *


Sec.  1039.510  [Amended]

0
203. Section 1039.510 is amended by removing paragraphs (c) and (d).

0
204. 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.

0
205. 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

[[Page 40464]]

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.

0
206. Section 1039.625 is amended by revising the last entry in Table 1 
and paragraph (j) to read as follows:


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

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

     Table 1 of Sec.   1039.625.--General Availability of Allowances
------------------------------------------------------------------------
                     Power category                       Calendar years
------------------------------------------------------------------------
 
                              * * * * * * *
kW > 560...............................................       2011-2017
------------------------------------------------------------------------

* * * * *
    (j) Provisions for engine manufacturers. As an engine manufacturer, 
you may produceexempted engines as needed under this section. You do 
not have to request thisexemption 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 40 CFR 1068.265. If you show under 40 CFR 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 PURPOSEOTHER 
THAN FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40CFR 1039.625 MAY 
BE A VIOLATION OF FEDERAL LAW SUBJECT TOCIVIL PENALTY.
* * * * *

0
207. 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 40 CFR 1068.265.
* * * * *

0
208. 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.
* * * * *

0
209. Section 1039.801 is amended by revising the definitions for 
Aftertreatment, Brake power, Constant-speed operation, Exempted, Good 
engineering judgment, Marineengine, Marine vessel, Maximum test speed, 
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 (orexhaust 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 operateaftertreatment 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 marineengines:
    (1) Propulsion marine engine means a marine engine that moves a 
vessel

[[Page 40465]]

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 test speed has the meaning we give in 40 CFR 1065.1001.
* * * * *
    Motor vehicle has the meaning we give in 40 CFR 85.1703(a).
* * * * *
    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.
* * * * *

0
210. Appendix VI to part 1039 is amended in the table by adding a 
footnote to read as follows:

Appendix VI to Part 1039--Nonroad Compression-Ignition Composite 
TransientCycle

------------------------------------------------------------------------
                             Normalized speed        Normalized torque
        Time(s)                 (percent)              (percent)\1\
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ The percent torque is relative to maximum torque at the commanded
  engine speed.

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

0
211. The authority citation for part 1048 is revised to read as 
follows:

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


0
212. The heading for subpart A is revised to read as follows:

Subpart A--Overview and Applicability

0
213. 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.

0
214. 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.

0
215. 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.

0
216. 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.

[[Page 40466]]


0
217. 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 ORUSING THIS 
ENGINE IN ANY OTHER APPLICATION MAY BE AVIOLATION OF FEDERAL LAW 
SUBJECT TO CIVIL PENALTY.''.

0
218. 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. The following engines are not subject to the transient 
standards in this paragraph (a):
    (i) High-load engines.
    (ii) Engines with maximum engine power above 560 kW.
    (iii) Engines with maximum test speed above 3400 rpm.
    (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 CO\0.784\ <= 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
------------------------------------------------------------------------
                                                              CO  (g/kW-
                     HC+NOX  (g/kW-hr)                           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:

                        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 
CO0.791 <= 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):

[[Page 40467]]



 Table 3 of Sec.   1048.101.--Examples of Possible Tier 2 Field-testing
                           Emission Standards
------------------------------------------------------------------------
                                                              CO  (g/kW-
                     HC+NOX  (g/kW-hr)                           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 H, 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. For severe-duty engines, the minimum useful life is 1,500 
hours of operation or seven years, whichever comes first. For all other 
engines, 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.

0
219. 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.
* * * * *

0
220. Section 1048.115 is amended by removing and reserving paragraph 
(d) and revising the introductory text and paragraphs (a), (b), (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 throughout its 
useful life, 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. If you take 
advantage of this exception, you must do the following things:
    (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.
    (2) 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.
    (b) Torque broadcasting. Electronically controlled engines must 
broadcast their speed and output shaft torque (in newton-meters). 
Engines may alternatively broadcast a surrogate value for determining 
torque. Engines must broadcast engine parameters such that they can be 
read with a remote device, or broadcast them directly to their 
controller area networks. This information is necessary for testing 
engines in the field (see Sec.  1048.515). This requirement applies 
beginning in the 2007 model year. Small-volume engine manufacturers may 
omit this requirement.
* * * * *
    (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.

0
221. Section 1048.120 is revised to read as follows:

[[Page 40468]]

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 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.

0
222. 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 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).

[[Page 40469]]

    (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 engine 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.

0
223. Section 1048.130 is amended by revising paragraphs (a), (b)(3), 
(b)(7), and (b)(8); and 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 Web site 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.

0
224. 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].''.
    (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

[[Page 40470]]

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 such that the label will be hard to read during normal 
maintenance, 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.

0
225. 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 and         Standards for field-testing
      transient test procedures                   procedures
------------------------------------------------------------------------
      HC+NOX               CO              HC+NOX              CO
------------------------------------------------------------------------
         0.80                4.4              1.10               6.6
         0.60                4.4              0.84               6.6
         0.40                4.4              0.56               6.6
         0.20                4.4              0.28               6.6
         0.10                4.4              0.14               6.6
------------------------------------------------------------------------

* * * * *

0
226. Section 1048.145 is amended by revising the section heading and 
paragraph (a) and 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 paragraph (a), send us a report describing how many offset-
generating or offset-using engines you produced in the preceding model 
year.
* * * * *

0
227. 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 untilDecember 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)).

0
228. 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

[[Page 40471]]

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.  1048.240). 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

[[Page 40472]]

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.
    (aa) Name an agent for service of process located in the United 
States. Service on this agent constitutes service on you or any of your 
officers or employees for any action by EPA or otherwise by the United 
States related to the requirements of this part.

0
229. 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. We will generally not reverse a decision where we have given 
you preliminary approval, unless we find new information supporting a 
different decision. 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.  1048.215  [Removed]

0
230. Section 1048.215 is removed.

0
231. 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, 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.

0
232. 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.

[[Page 40473]]

    (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.

0
233. 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.

0
234. 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.
    (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

[[Page 40474]]

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.

0
235. 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.

0
236. Section 1048.245 is amended by revising paragraph (e)(1)(i) to 
read as follows:


Sec.  1048.245  How do I demonstrate that my engine family complies 
with evaporative emission standards?

* * * * *
    (e) * * *
    (1) * * *
    (i) Use a tethered or self-closing gas cap on a fuel tank that 
stays sealed up to a positive pressure of 24.5 kPa (3.5 psig) or a 
vacuum pressure of 0.7 kPa (0.1 psig).
* * * * *

0
237. 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.
* * * * *

0
238. 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.
    (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.

[[Page 40475]]

    (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).

0
239. 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.

0
240. 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.

0
241. Section 1048.310 is amended by revising paragraphs (c) 
introductory text, (c)(2), (g), (h), 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] TR13JY05.007

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] TR13JY05.008

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 one percent of your projected annual U.S.-directed 
production volume for the engine family, rounded to the nearest whole 
number. If your projected production is between 150 and 750 engines, 
test engines as specified in paragraph (b) of this section until you 
have tested one percent of your projected annual U.S.-directed 
production volume. For example, if projected volume is 475 engines, 
test two engines in each of the first two quarters and one engine in 
the third quarter to fulfill your testing requirements under this 
section for that engine family. If your projected production volume is 
less than 150, you must test at least two engines.
    (5) You choose to declare that the engine family does not comply 
with the requirements of this subpart.
    (h) If the sample-size calculation allows you to stop testing for a 
pollutant, you must continue measuring emission levels of that 
pollutant for any additional tests required under this section. 
However, you need not continue making the calculations specified in 
this section for that pollutant. This paragraph (h) does not affect the 
requirements in Sec.  1048.320.
    (i) You may elect to test more randomly chosen engines than we 
require under this section. Include these engines in the sample-size 
calculations.

0
242. Section 1048.315 is amended by revising the introductory text to 
read as follows:


Sec.  1048.315  How do I know when my engine family fails the 
production-line testing requirements?

    This section describes the pass/fail criteria for the production-
line testing requirements. We apply these criteria on an engine-family 
basis. See Sec.  1048.320 for the requirements that apply to individual 
engines that fail a production-line test.
* * * * *

0
243. 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

[[Page 40476]]

failure is likely to have affected the earlier engines.

0
244. Section 1048.345 is amended by revising paragraph (d) to read as 
follows:


Sec.  1048.345  What production-line testing records must I send to 
EPA?

* * * * *
    (d) Send electronic reports of production-line testing to the 
Designated ComplianceOfficer using an approved information format. If 
you want to use a different format, send us a written request with 
justification for a waiver.
* * * * *

0
245. Section 1048.350 is amended by revising paragraph (a) to read as 
follows:


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.
* * * * *

0
246. Section 1048.420 is amended by revising paragraph (b) to read as 
follows:


Sec.  1048.420  What in-use testing information must I report to EPA?

* * * * *
    (b) Send electronic reports of in-use testing 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.
* * * * *

0
247. 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.
* * * * *

0
248. 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 sampling 
procedures 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) In place of the provisions of 40 CFR 1065.405, you may consider 
emission levels stable without measurement after 50 hours of engine 
operation.
    (e) 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.
    (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, and to us when we 
perform testing to determine if your engines meet emission standards.
    (h) Map all engines (including constant-speed engines) using the 
procedures specified in 40 CFR part 1065 for variable-speed engines. 
For constant-speed engines, continue the mapping procedure until you 
reach the high-idle speed (the highest speed at which the engine 
produces zero torque).

0
249. 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 1065.514 to confirm that the test is valid. Operate 
the engine and sampling system as follows:
    (i) Engines with lean NOX aftertreatment. For lean-burn 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 lean 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  time
         C2 Mode No.            Engine speed \1\       Observed         in mode        Weighting
                                                      torque \2\       (minutes)        factors
--------------------------------------------------------------------------------------------------
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.

[[Page 40477]]

 
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:

                                           Table 2 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                       Time in mode
              RMC mode                   (seconds)       Engine speed 1, 2           Torque  (percent) 2, 3
----------------------------------------------------------------------------------------------------------------
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 time
            D2 mode No.                      Engine speed           Torque \1\        in mode        Weighting
                                                                                     (minutes)        factors
----------------------------------------------------------------------------------------------------------------
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 mode
              RMC mode                   (seconds)          Engine speed             Torque  (percent) 1 2
----------------------------------------------------------------------------------------------------------------
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.

[[Page 40478]]

 
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:

                                           Table 5 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                                                                   Minimum time
            D1 mode No.                      Engine speed           Torque \1\        in mode        Weighting
                                                                                     (minutes)        factors
----------------------------------------------------------------------------------------------------------------
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 mode
              RMC modes                  (seconds)    Engine speed  (percent)        Torque  (percent) 1, 2
----------------------------------------------------------------------------------------------------------------
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.

0
250. Section 1048.510 is amended by revising the section heading and 
paragraphs (a) and (c)(1) 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.
* * * * *
    (c) * * *
    (1) Operate the engine for the first 180 seconds of the appropriate 
duty cycle from Appendix I or Appendix II of this part, then allow it 
to idle without load for 30 seconds. At the end of the 30-second idling 
period, start measuring emissions as the engine operates over the 
prescribed duty cycle. For severe-duty engines, this engine warm-up 
procedure may include up to 15 minutes of operation over the 
appropriate duty cycle.
* * * * *

0
251. 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

[[Page 40479]]

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.
* * * * *

0
252. 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.

0
253. 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 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 you meet all the requirements and 
conditions specified in paragraph (d) 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 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 40 CFR 
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 or 
equipment 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 family's 
total sales in the United States are used in nonroad applications. This 
includes engines used in any application without regard to which 
company manufactures the vehicle or equipment. Show this 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 or equipment models you expect to produce 
under this exemption in the coming year.
    (iii) State: ``We produce 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 1048.605.''.
    (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

[[Page 40480]]

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.

0
254. 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 or similar provisions that apply to motor-vehicle engines 
produced for nonroad equipment. The provisions of this section do not 
apply to engines certified to meet the requirements for highway 
motorcycles.
    (b) Equipment-manufacturer provisions. If you are not a motor-
vehicle manufacturer, you may produce nonroad equipment from motor 
vehicles under this section as long as you meet all the requirements 
and conditions specified in paragraph (d) 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 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 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 engine family's 
total sales in the United States are used in nonroad applications. This 
includes any type of vehicle, without regard to which company completes 
the manufacturing of the nonroad equipment. Show this as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The 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 USEWITHOUT 
AFFECTING ITS EMISSION CONTROLS. THEEMISSION-CONTROL SYSTEM DEPENDS ON 
THE USE OF FUELMEETING SPECIFICATIONS THAT APPLY FOR MOTOR-
VEHICLEAPPLICATIONS. OPERATING THE ENGINE ON OTHER FUELSMAY 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.

0
255. Section 1048.615 is amended by revising paragraphs (a)(2), (a)(3), 
(c), and (d) to read as follows:

[[Page 40481]]

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.

0
256. Section 1048.620 is revised to read as follows:


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

    (a) If an engine meets all the following criteria, it is exempt 
from the requirements of this part:
    (1) The engine must operate solely on natural gas or liquefied 
petroleum gas.
    (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.
    (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 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.
    (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.

0
257. 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 
OFFEDERAL LAW SUBJECT TO CIVIL PENALTY.''.
    (3) Keep records to document the destinations and quantities of 
engines produced under this section.

0
258. A new Sec.  1048.630 is added to subpart G 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, 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.

0
259. A new Sec.  1048.635 is added to subpart G 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.

[[Page 40482]]


0
260. 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 given 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 relating to the process of 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.
    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 given 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

[[Page 40483]]

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 given 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 its 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 given in 40 CFR 1065.1001.
    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:
    (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 40CFR 90.3.
    (2) For engines above 30 kW, maximum engine power has the meaning 
given in 40 CFR 1039.140
    Maximum test speed has one of the following meanings:
    (1) For variable-speed engines, maximum test speed has the meaning 
given in 40 CFR 1065.1001.
    (2) For transient testing of constant-speed engines, maximum test 
speed means the highest speed at which the engine produces zero torque.
    (3) For steady-state testing of constant-speed engines, maximum 
test speed means the speed at which the engine produces peak torque.
    Maximum test torque has the meaning given 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 given in 40 CFR 85.1703(a).
    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:

[[Page 40484]]

    (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 afterJanuary 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. SeeSec.  
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 given 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. 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 given 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.
    Owners manual means a document or collection of documents prepared 
by the engine manufacturer for the owner or operator to describe 
appropriate engine maintenance, applicable warranties, and any other 
information related to operating or keeping the engine. The owners 
manual is typically provided to the ultimate purchaser at the time of 
sale.
    Oxides of nitrogen has the meaning given 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 given in 40 CFR 1068.30.
    Round has the meaning given in 40 CFR 1065.1001, 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 given 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.
    Stoichiometric means relating to the particular 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-fuel mass ratio of 
about 14.7.
    Suspend has the meaning given 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.

[[Page 40485]]

    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 given 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 UnitedStates.
    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 given 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.

0
261. Section 1048.805 is amended by adding ``NARA'' to the table in 
alphabetical order to read as follows:


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

* * * * *

 
                              * * * * * * *
NARA..............................  National Archives and Records
                                     Administration.
 
                              * * * * * * *
 


0
262. Section 1048.810 is revised 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 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) [Reserved]
    (b) SAE material. Table 2 of this section lists material from the 
Society of AutomotiveEngineering 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 or 
http://www.sae.org. Table 2 follows:

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

    (c) ISO material. Table 3 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 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 or http://www.iso.org. Table 3 follows:

[[Page 40486]]



               Table 3 of Sec.   1048.810.--ISO Materials
------------------------------------------------------------------------
                                                             Part 1048
                Document number and name                     reference
------------------------------------------------------------------------
ISO 9141-2 Road vehicles--Diagnostic systems--Part 2:           1048.110
 CARB requirements for interchange of digital
 information, February 1994.............................
ISO 14230-4 Road vehicles--Diagnostic systems--Keyword          1048.110
 Protocol 2000--Part 4: Requirements for emission-
 related systems, June 2000.............................
------------------------------------------------------------------------


0
263. 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.

0
264. 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.

0
265. Appendix I to part 1048 is amended in the table by adding a 
footnote to read as follows:

Appendix I to Part 1048--Large Spark-ignition (SI) Transient Cycle for 
Constant-Speed Engines

* * * * *

------------------------------------------------------------------------
                                                          Normalized
             Time(s)               Normalized speed        torque\1\
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
\1\ The percent torque is relative to maximum torque at the commanded
  engine speed.

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

0
266. The authority citation for part 1051 is revised to read as 
follows:

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

0
267. The heading for subpart A is revised to read as follows:

Subpart A--Overview and Applicability

0
268. 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 moreinformation 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.

0
269. 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 or 1039 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.

0
270. 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.
    (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 certaininterim 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]

[[Page 40487]]

    (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.

0
271. 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.

0
272. 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.

0
273. 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 for HC+NOX and 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 evenif its family emission limit is 
higher than the standard, as long as you show that the whole averaging 
set of applicable engine families meets 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 your U.S.-directed production 
units within each certified engine family compared with a simple count 
of your total U.S.-directed production units. 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:
* * * * *

0
274. 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 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 evenif its family emission limit is 
higher than the standard, as long as you show that the whole averaging 
set of applicable engine families meets 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 your U.S.-directed production 
units within each certified engine family compared with a simple count 
of your total U.S.-directed production units. 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 40488]]

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:
* * * * *

0
275. 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 specifiedin 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 meets 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 
your U.S.-directed production units within each certified engine family 
compared with a simple count of your total U.S.-directed production 
units. 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. 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:
* * * * *

0
276. Section 1051.110 is amended by revising the introductory text and 
paragraph (a) to read as follows:


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

    Your new vehicles must meet the emission standards of this section 
over their full useful life. Note that Sec.  1051.245 allows you to use 
design-based certification instead of generating new emission data.
    (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 describedin 
subpart H of this part.
* * * * *

0
277. Section 1051.115 is amended by removing and reserving paragraph 
(b), revising paragraphs (a), (c), (f), and (g), and adding a new 
paragraph (d)(3)(vi) 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 throughout its 
useful life.
* * * * *
    (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 sealit 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

[[Page 40489]]

certification testing, production-line testing, or in-use testing.
    (d) * * *
    (3) * * *
    (vi) The adjustable range of carburetor screws, such as air screw, 
fuel screw, andidle-speed screw must be defined by stops, limits, or 
specification on the jetting chart consistent with the requirements for 
specifying jet sizes and needle configuration in this section.
* * * * *
    (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 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.
    (g) Noise standards. There are no noise standards specified in this 
part 1051. See 40 CFR Chapter I, Subchapter G, to determine if your 
vehicle must meet noise emission standards under another part of our 
regulations.

0
278. 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 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 40CFR 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.

0
279. 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 maintenanceincludes 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 maintenanceinstructions 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 disqualifythose 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 takethese

[[Page 40490]]

inspection or maintenance steps during service accumulation on your 
emission-data vehicles, as long as they are reasonable and 
technologically necessary. This mightinclude 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, or adjusting chain tension, clutch position, or tire 
pressure. You may perform this nonemission-related maintenance on 
emission-data vehicles at the least frequent intervalsthat you 
recommend to the ultimate purchaser (but not the intervals recommended 
for severe service). You may also visually inspect test vehicles or 
engines, including emission-related components, as needed to ensure 
safe operation.
    (f) Source of parts and repairs. State clearly on the first page of 
your written maintenanceinstructions 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 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 maintainingtheir vehicles. This generally includes paying for 
scheduled maintenance. However, manufacturers must pay for scheduled 
maintenance during the useful life if it meets allthe 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.

0
280. 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, givethe 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 notto 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 mayinclude, 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 controlinformation 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 Web site 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.

0
281. 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 
describedin Sec.  1051.137.
    (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 engine families, as 
described in Sec.  1051.230.
    (4) State the engine's displacement (in liters). 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. 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 or vehicle.
    (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 withSAE J1930 (incorporated by reference in 
Sec.  1051.810). You may omit this information from the label if

[[Page 40491]]

there is not enough room for it and you put it in the owners 
manualinstead.
    (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 the fuel type and 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: ``S 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 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 such thatthe label will be hard to read during normal 
maintenance, you must place a duplicate label on the equipment. If 
others install your engine in their equipment in a way that obscuresthe 
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 keepthe 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, 
as described in Sec.  1051.137.

0
282. A new Sec.  1051.137 is added to read as follows:


Sec.  1051.137  What are the consumer labeling requirements?

    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 section 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. If the calculated NER value is less than zero, consider 
NER to be zero for that vehicle. 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).
    (a) 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.

    (b) For off-highway motorcycles, use the following equations:
    (1) For off-highway motorcycles certified to the standards in Sec.  
1051.105, use one of the equations specified below.
    (i) 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.

    (ii) 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.

    (2) 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.

    (c) For ATVs, use the following equations:
    (1) For ATVs certified to the standards in Sec.  1051.107, use one 
of the equations specified below.
    (i) 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.

    (ii) 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.

    (2) 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.


0
283. Section 1051.145 is amended by removing and reserving paragraph 
(c), revising paragraphs (a)(3)(iv), (a)(4), (b)(1) before the table, 
(b)(3), (e), and (g), and adding paragraphs (a)(3)(v), (a)(3)(vi), and 
(h) to read as follows:


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

* * * * *
    (a) * * *
    (3) * * *
    (iv) Show that fewer than 50 percent of the engine family's total 
sales in the United States are used in recreational vehicles regulated 
under this part. This includes engines used in any application, without 
regard to which company manufactures the vehicle or equipment.
    (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

[[Page 40492]]

uses these engines, and all other persons in the same manner as other 
engines subject to 40 CFR part 90.
    (4) All vehicles produced under this paragraph (a) must be labeled 
according to our specifications. The label must include the following:
    (i) The heading ``EMISSION CONTROL INFORMATION''.
    (ii) Your full corporate name and trademark.
    (iii) A description of the provisions under which this section 
applies to your vehicle .
    (iv) Other information that we specify to you in writing.
    (b) * * *
    (1) Follow Table 1 of this section for exhaust emission standards, 
while meeting all the other requirements of Sec.  1051.107. You may use 
emission credits to show compliance with these standards (see subpart H 
of this part). You may not exchange emission credits with engine 
families meeting the standards in Sec.  1051.107(a). You may also not 
exchange credits between engine families certified to the standards for 
engines above 225 cc and engine families certified to the standards for 
engines below 225 cc. The phase-in percentages in the table specify the 
percentage of your total U.S.-directed production that must comply with 
the emission standards for those model years (i.e., the percentage 
requirement does not apply separately for engine families above and 
below 225 cc). Table 1 follows:
* * * * *
    (3) For ATVs certified to the standards in this paragraph (b), use 
the following equations to determine the normalized emission rate 
required by Sec.  1051.137:
    (i) For engines at or 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) 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. Using good engineering judgment, you 
may use the alternate raw-sampling procedures instead of the procedures 
described in 40 CFR part 1065 for emission testing certain vehicles, as 
follows:
    (1) Snowmobile. You may use the raw sampling procedures described 
in 40 CFR part 90 or 91 for snowmobiles before the 2010 model year.
    (2) ATV. You may use the raw sampling procedures described in 40 
CFR part 90 or 91 for ATVs certified to the standards in Sec.  1051.615 
before the 2011 model year. You may use these raw sampling procedures 
for ATVs certified to the standards in Sec.  1051.107 or Sec.  
1051.145(b) before the 2009 model year.
* * * * *
    (g) Pull-ahead option for permeation emissions. Manufacturers 
choosing to comply with an early tank permeation standard of 3.0 g/
m\2\/day prior to model year 2008 may be allowed to delay compliance 
with the 1.5 g/m\2\/day standard by earning credits, as follows:

    (1) Calculate earned credits using the following equation:

Credit = (Baseline emissions - Pull-ahead level) x 
[lsqbb][Sigma]i(Production)i x 
(UL)i[rsqbb]

Where:

Baseline emissions = the baseline emission rate, as determined in 
paragraph (g)(2) of this section.
Pull-ahead level = the permeation level to which you certify the tank, 
which must be at or below 3.0 g/m\2\/day.
(Production)i = the annual production volume of vehicles in 
the engine family for model year ``i'' times the average internal 
surface area of the vehicles' fuel tanks.
(UL)i = The useful life of the engine family in model year 
``i''.

    (2) Determine the baseline emission level for calculating credits 
using any of the following values:
    (i) 7.6 g/m\2\/day.
    (ii) The emission rate measured from your lowest-emitting, 
uncontrolled fuel tank from the current or previous model year using 
the procedures in Sec.  1051.515. For example, this would generally 
involve the fuel tank with the greatest wall thickness for a given 
material.
    (iii) The emission rate measured from an uncontrolled fuel tank 
that is the same as or most similar to the model you have used during 
the current or previous model year. However, you may use this approach 
only if you use it to establish a baseline emission level for each 
unique tank model you produce using the procedures in Sec.  1051.515.
    (3) Pull-ahead tanks under this option must be certified and must 
meet all applicable requirements other than those limited to compliance 
with the exhaust standards.
    (4) You may use credits generated under this paragraph (g) as 
specified in subpart H of this part.
    (h) Deficit credits for permeation standards. For 2008 through 2010 
model years, you may have a negative balance of emission credits 
relative to the permeation emission standards at the end of each model 
year, subject to the following provisions:
    (1) You must eliminate any credit deficit we allow under this 
paragraph (h) by the end of the 2011 model year. If you are unable to 
eliminate your credit deficit by the end of the 2011 model year, we may 
void the certificates for all families certified to FELs above the 
allowable average, for all affected model years.
    (2) State in your application for certification a statement whether 
you will have a negative balance of permeation emission credits for 
that model year. If you project that you will have a negative balance, 
estimate the credit deficit for each affected model year and present a 
detailed plan to show where and when you will get credits to offset the 
deficit by the end of the 2011 model year.
    (3) In your end-of-year report under Sec.  1051.730, state whether 
your credit deficit is larger or smaller than you projected in your 
application for certification. If the deficit is larger than projected, 
include in your end-of-year report an update to your detailed plan to 
show how you will eliminate the credit deficit by the end of the 2011 
model year.

0
284. 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.

[[Page 40493]]

    (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)).

0
285. 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 emissionimpact.
    (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.  1051.243 and 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 subpart B of this part. Show emission figures before and 
after applying deterioration factors for each pollutant and 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 hydrocarbons 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

[[Page 40494]]

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 40 CFR part 1068 related to requests for 
exemptions.
    (w) Name an agent for service of process located in the United 
States. Service on this agent constitutes service on you or any of your 
officers or employees for any action by EPA or otherwise by the United 
States related to the requirements of this part.

0
286. 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. We will generally not reverse a decision where we have given 
you preliminary approval, unless we find newinformation supporting a 
different decision. 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]

0
287. Section 1051.215 is removed.

0
288. 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.

0
289. 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 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

[[Page 40495]]

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 for your engine family after the 
start of production. You must use the higher FEL for the entire family 
to calculate your average emission level under 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.

0
290. 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 family is limited to a single model year.
    (b) For exhaust emissions, group vehicles in the same engine family 
if they are the samein all the following aspects:
    (1) The combustion cycle.
    (2) The cooling system (liquid-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 similar and fuel lines are similar considering 
all the following aspects:
    (1) Type of material (including additives such as pigments, 
plasticizers, and UV inhibitors).
    (2) Emission-control strategy.
    (3) Production methods. This does not apply to differences in 
production methods that would not affect emission characteristics.
    (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.
    (g) Select test engines from the engine family as described in 40 
CFR 1065.401. Select test components related to evaporative emission-
control systems that are most likely to exceed the applicable emission 
standards. For example, select a fuel tank with the smallest average 
wall thickness (or barrier thickness, as appropriate) of those tanks 
you include in the same family.

0
291. 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, 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 vehicles or 
engines, the results of thattesting 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 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

[[Page 40496]]

anything we do not consider an adjustable parameter.
    (d) You may 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 requirementsthat 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 newtests, 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 showsthat such testing does not produce results that are 
equivalent to the procedures specifiedin 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 requiredto 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 fueltanks, 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 
usetest 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.

0
292. 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 representthe 
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 lessthan 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 
addingthe 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, add the emission results and apply the 
deterioration factor to the sum of the pollutants before rounding. 
However, if your deterioration factors are based on emission 
measurements that do not cover the vehicle's full useful life, apply 
the deterioration factor to each pollutant and then add the results 
before rounding.

0
293. 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 usthese 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 deterioration for the 
engine family for

[[Page 40497]]

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 testingto 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 evenly spaced 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) If you measure emissions at only two points to calculate your 
deterioration factor, base your calculations on a linear relationship 
connecting these two data points for each pollutant. If you measure 
emissions at three or more points, 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 to 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.

0
294. 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 representingthat family has test results showing a 
deteriorated emission level above the standard.
    (c) To compare emission levels with the emission standards, apply 
deterioration factorsto the measured emission levels. For permeation 
emissions, use the following proceduresto 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) representthe 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.
* * * * *

0
295. 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 standardtests, 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.

0
296. 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

[[Page 40498]]

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 as required under this part or 
the Act.
    (e) We may void your certificate if we find that you intentionally 
submitted false orincomplete information.
    (f) If we deny your application or suspend, revoke, or void your 
certificate, you may ask for a hearing (see Sec.  1051.820).

0
297. The heading for subpart D is revised to read as follows:

Subpart D--Testing Production-Line Vehicles and Engines

0
298. 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 no engine 
families in the averaging set participate in the averaging, banking, 
and trading program described in subpart H of this part:
    (1) Phase I or Phase 2 standards in Sec.  1051.103
    (2) Phase I standards in Sec.  1051.105
    (3) Phase I standards in Sec.  1051.107.
    (4) The standards in Sec.  1051.615.
    (5) The standards in Sec.  1051.145.

0
299. 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 within ten days of testing. We will generally 
answer within ten days after we receive your information.

0
300. Section 1051.310 is amended by revising paragraphs (c) 
introductory test, (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] TR13JY05.009

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, [ohkd], or the test sample 
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JY05.010

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.

[[Page 40499]]

    (4) You test one percent of your projected annual U.S.-directed 
production volume for the engine family, rounded to the nearest whole 
number.
    (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.

0
301. Section 1051.315 is amended by revising the introductory text to 
read as follows:


Sec.  1051.315  How do I know when my engine family fails the 
production-line testing requirements

    This section describes the pass-fail criteria for the production-
line testing requirements. We apply these criteria on an engine family 
basis. SeeSec.  1051.320 for the requirements that apply to individual 
vehicles or engines that fail a production-line test.
* * * * *

0
302. 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.
* * * * *

0
303. Section 1051.345 is amended by revising paragraphs (a) 
introductory text, (a)(5),(a)(10), and (d) 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.
* * * * *
    (d) Send electronic reports of production-line testing to the 
Designated ComplianceOfficer using an approved information format. If 
you want to use a different format, send us a written request with 
justification for a waiver.
* * * * *

0
304. Section 1051.350 is amended by revising paragraph (a) 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.
* * * * *

0
305. Section 1051.501 is amended by revising the introductory text and 
paragraphs (a), (b), (c)(2), and (d) 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 use 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 40 CFR part 1065 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. 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 referencedin 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 40CFR 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 andATVs 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. Run the test engine, with all emission-control systems 
operating, long enough to stabilize emission levels; you may consider 
emission levels stable without measurement if you accumulate 12 hours 
of operation.
    (c) * * *
    (2) Prior to permeation testing of fuel hose, the hose must be 
preconditioned by filling the hose with the fuel specified in paragraph 
(d)(3) of this section, sealing the openings, and soaking the hose for 
4 weeks at 235 [deg]C. To measure fuel-line permeation 
emissions, use the equipment and procedures specified in SAE J30 
(incorporated by reference in Sec.  1051.810). The measurements must be 
performed at 232 [deg]C using the fuel specified in 
paragraph (d)(3) of this section.
    (d) Fuels. Use the fuels meeting the following specifications:
    (1) Exhaust. Use the fuels and lubricants specified in 40 CFR part 
1065, subpart H, for all the exhaust testing we require in this part. 
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) Fuel Tank Permeation. (i) For the preconditioning soak 
described in Sec.  1051.515(a)(1) and fuel slosh durability test 
described in Sec.  1051.515(d)(3), usethe fuel specified in Table 1 of 
40 CFR 1065.710 blended with 10 percent ethanol by volume. As an 
alternative, you may use Fuel CE10, which is Fuel C as specified in 
ASTM D 471-98 (incorporated by reference in Sec.  1051.810) blended 
with 10 percent ethanol by volume.
    (ii) For the permeation measurement test in Sec.  1051.515(b), use 
the fuel specified in Table 1 of 40 CFR 1065.710. As an alternative, 
you may use the fuel specified in paragraph (d)(2)(i) of this section.
    (3) Fuel Hose Permeation. Use the fuel specified in Table 1 of 40 
CFR 1065.710 blended with 10 percent ethanol by volume for permeation 
testing of fuel lines. As an alternative, you may use Fuel CE10, which 
is Fuel C as specified in ASTM D 471-98(incorporated by reference in 
Sec.  1051.810) blended with 10 percent ethanol by volume.
    (e) * * *
    (3) You may test engines using a test speed based on the point of 
maximum power if that represents in-use operation

[[Page 40500]]

better than testing based on maximum test speed.
* * * * *

0
306. Section 1051.505 is amended by revising paragraphs (a), (b)(3), 
(d), (e), (f)introductory text, (f)(5), and (f)(6) to read as follows:


Sec.  1051.505  What special provisions apply for testing snowmobiles?

    Use the following special provisions for testing snowmobiles:
    (a) You may perform steady-state testing with either discrete-mode 
or ramped-modal cycles. You must use the type of testing you select in 
your application for certification for all testing you perform for that 
engine family. If we test your engines to confirm thatthey meet 
emission standards, we will do testing the same way. We may also 
perform other testing as allowed by the Clean Air Act. Measure steady-
state emissions 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. In each mode, 
operate the engine for at least 5 minutes, then sample emissions for at 
least 1 minute. Calculate cycle statistics for the sequence of modes 
and compare with the specified values in 40 CFR 1065.514 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.
    (3) 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.  1051.103:
    (i) The following duty cycle applies for discrete-mode testing:

                         Table 1 of Sec.   1051.505.--5-Mode Duty Cycle for Snowmobiles
----------------------------------------------------------------------------------------------------------------
                                                                                   Minimum time
                    Mode No.                          Speed           Torque          in mode        Weighting
                                                  (percent) \1\    (percent) \2\     (minutes)        factors
----------------------------------------------------------------------------------------------------------------
1..............................................             100              100             3.0            0.12
2..............................................              85               51             3.0            0.27
3..............................................              75               33             3.0            0.25
4..............................................              65               19             3.0            0.31
5..............................................            (\3\)               0             3.0            0.05
----------------------------------------------------------------------------------------------------------------
\1\ Percent speed is percent of maximum test speed.
\2\ Percent torque is percent of maximum test torque at maximum test speed.
\3\ Idle.

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

                     Table 2 of Sec.   1051.505.--Ramped-Modal Cycle for Testing Snowmobiles
----------------------------------------------------------------------------------------------------------------
              RMC mode                 Time in mode     Speed  (percent) \1\        Torque  (percent) \2,3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state.....................              27  Warm Idle..............  0
1b Transition.......................              20  Linear Transition......  Linear Transition.
2a Steady-state.....................             121  100....................  100
2b Transition.......................              20  Linear Transition......  Linear Transition.
3a Steady-state.....................             347  65.....................  19
3b Transition.......................              20  Linear Transition......  Linear Transition.
4a Steady-state.....................             305  85.....................  51
4b Transition.......................              20  Linear Transition......  Linear Transition.
5a Steady-state.....................             272  5......................  33
5b Transition.......................              20  Linear Transition......  Linear Transition.
6 Steady-state......................              28  Warm Idle..............  0
----------------------------------------------------------------------------------------------------------------
\1\ Percent speed is percent of maximum test speed.
\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\ Percent torque is percent of maximum test torque at maximum test speed.

    (b) * * *
    (3) Keep engine torque under 5 percent of maximum test torque.
* * * * *
    (d) Ambient temperatures during testing must be between 20 [deg]C 
and 30 [deg]C (68 [deg]F and 86 [deg]F), or other representative test 
temperatures, as specified in paragraph (f) of this section.
    (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):
* * * * *
    (5) Calculate the nominal intake air test temperature for each test 
mode as -10[deg] C (14 [deg]F) plus the temperature difference for the 
corresponding mode determined in paragraph (f)(4) of this section.
    (6) Before the emissions test, select the appropriate carburetor 
jetting for -10[deg] C (14 [deg]F) conditions according to the jet 
chart. For each mode, maintain the inlet air temperature within 5[deg] 
C (9[deg] F) of the corresponding modal

[[Page 40501]]

temperature calculated in paragraph (f)(5) of this section.
* * * * *

0
307. Section 1051.515 is amended by revising paragraphs (a)(5), (b), 
and (d)(2) 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 can 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 testto 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 282 [deg]C.
    (5) Leave the tank in the room or enclosure for 14 days.
    (6) Hold the temperature of the room or enclosure to 282 [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 r\2\ below 0.8. See 40 CFR 1065.602 for 
the equation to calculate r\2\.
    (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 31813.8 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.
* * * * *
    (d) * * *
    (2) UV exposure. Perform a sunlight-exposure test by exposing the 
tank to an ultraviolet light of at least 24 W/m\2\ (0.40 W-hr/m\2\/min) 
on the tank surface for at least 450 hours. Alternatively, the fuel 
tank may be exposed to direct natural sunlight for an equivalent period 
of time, as long as you ensure that the tank is exposed to at least 450 
daylight hours.
* * * * *

0
308. 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 performedto establish deterioration factors for an engine 
family.

0
309. 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 
underthis 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 mayinstall an engine certified for the appropriate 
model year under 40 CFR part 86 or 1048 in a recreational vehicle as 
long as you meet all the requirements and conditions specified in 
paragraph (d) 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 40CFR 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 or vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new engine or vehicle, 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:

[[Page 40502]]

    (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 family's 
total sales in the United States are used in recreational vehicles. 
This includes engines used in any application, without regard to which 
company manufactures the vehicle or equipment.Show this 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 
CONTROLINFORMATION''.
    (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 
USEWITHOUT 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 isinstalled in the vehicle or, if the vehicle obscures 
the engine's emission controlinformation label, the 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 or vehicle models you expect to produce under 
this exemptionin the coming year.
    (iii) State: ``We produce each listed [engine or vehicle] 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 or 
vehicles adapted for recreational use under this section may not 
generate or use emission credits under this part 1051. These engines or 
vehicles may generate credits under the ABT provisions in 40 CFR part 
86. These engines or vehicles must use emission credits under 40 CFR 
part 86 if they are certified to an FEL that exceeds an applicable 
standard.

0
310. 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 
motorcyclesthat 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 you meet all the 
requirements and conditions specified in paragraph (d) of this section. 
If you modify the motor vehicle or its engine in any of the ways 
describedin 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 specifiedin 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 underthis 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 emissionsif 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

[[Page 40503]]

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 engine family's 
total sales in the United States are used in recreational vehicles. 
This includes any type of vehicle, without regard to which company 
completes the manufacturing of the recreational vehicle. Show this as 
follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The 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 
EMISSIONCONTROL 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 USEWITHOUT 
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 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.

0
311. Section 1051.615 is amended by revising paragraphs (a) 
introductory text, (b)introductory text, and (d) 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 ccto 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:
* * * * *
    (d) Measure steady-state emissions by testing the engine on an 
engine dynamometer using the equipment and procedures of 40 CFR part 
1065 with either discrete-mode or ramped-modal cycles. You must use the 
type of testing 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 do testing the 
same way. We may also perform other testing as allowed by the Clean Air 
Act. Measure steady-state emissions 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. In each mode, 
operate the engine for at least 5 minutes, then sample emissions for at 
least 1 minute. Calculate cycle statistics for the sequence of modes 
and compare with the specified values in 40 CFR 1065.514 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.
    (3) 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 applicable emission standards:
    (i) The following duty cycle applies for discrete-mode testing:

                     Table 1 of Sec.   1051.615.--6-Mode Duty Cycle for Recreational Engines
----------------------------------------------------------------------------------------------------------------
                                                                                   Minimum time
                    Mode No.                       Engine speed       Torque          in mode        Weighting
                                                  (percent) \1\    (percent) \2\     (minutes)        factors
----------------------------------------------------------------------------------------------------------------
1..............................................              85              100             5.0            0.09
2..............................................              85               75             5.0            0.20
3..............................................              85               50             5.0            0.29
4..............................................              85               25             5.0            0.30
5..............................................              85               10             5.0            0.07
6..............................................              (3)               0             5.0            0.05
----------------------------------------------------------------------------------------------------------------
\1\ Percent speed is percent of maximum test speed.
\2\ Percent torque is percent of maximum test torque at maximum test speed.
\3\Idle.


[[Page 40504]]

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

                Table 2 of Sec.   1051.615.--Ramped-Modal Cycle for Testing Recreational Engines
----------------------------------------------------------------------------------------------------------------
                                                        Speed  (percent) \1\
              RMC mode                     Time                 \2\                Torque  (percent) \2\ \3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state.....................              41  Warm Idle..............  0
1b Transition.......................              20  Linear Transition......  Linear Transition.
2a Steady-state.....................             135  85.....................  100
2b Transition.......................              20  85.....................  Linear Transition.
3a Steady-state.....................             112  85.....................  10
3b Transition.......................              20  85.....................  Linear Transition.
4a Steady-state.....................             337  85.....................  75
4b Transition.......................              20  85.....................  Linear Transition.
5a Steady-state.....................             518  85.....................  25
5b Transition.......................              20  85.....................  Linear Transition.
6a Steady-state.....................             494  85.....................  50
6b Transition.......................              20  Linear Transition......  Linear Transition.
7 Steady-state......................              43  Warm Idle..............  0
----------------------------------------------------------------------------------------------------------------
\1\ Percent speed is percent of maximum test speed.
\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\ Percent torque is percent of maximum test torque at the commanded test speed.

    (4) During idle mode, hold the speed within your specifications, 
keep the throttle fully closed, and keep engine torque under 5 percent 
of the peak torque value at maximum test speed.
    (5) For the full-load operating mode, operate the engine at wide-
open throttle.
    (6) See 40 CFR part 1065 for detailed specifications of tolerances 
and calculations.
* * * * *

0
312. 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).
* * * * *
0
313. A new Sec.  1051.645 is added to subpart G 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.

0
314. 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 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 state emission regulations for

[[Page 40505]]

that model year. However, this restriction does not apply if we 
determine that the state standards and requirements are equivalent to 
those of this part and that these vehicles sold in such a state will 
not generate credits under the state program. For example, you may not 
include vehicles certified for California if it has more stringent 
emission standards for these vehicles or those vehicles generate or use 
emission credits under the California program.
    (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, except as 
specified in Sec.  1051.225(f)(1). This applies for all testing, 
including certification testing, in-use testing, selective enforcement 
audits, and other production-line testing.
    (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.

0
315. Section 1051.705 is amended by revising paragraphs (a), (b), and 
(c) 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, excluding 
vehicles described in Sec.  1051.701(d)(4).
    (c) After the end of your model year, calculate a final average 
emission level according to Sec.  1051.720 for each type of 
recreational vehicle or engine you manufacture or import. Use actual 
U.S.-directed production volumes, excluding vehicles described in Sec.  
1051.701(d)(4).
* * * * *
    (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.

0
316. 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.

0
317. 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.

0
318. Section 1051.720 is amended by revising paragraphs (a)(2) and 
(a)(3) and adding paragraph (a)(4) 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] TR13JY05.019


Where:

FEL i = The FEL to which the engine family is certified, as 
described in paragraph (a)(4) of this section.
    Production i = The number of vehicles in the engine 
family times the average internal surface area of the vehicles' fuel 
tanks.

    (4) Determine the FEL for calculating credits under paragraph 
(a)(3) of this section using any of the following values:

[[Page 40506]]

    (i) The FEL to which the tank is certified, as long as the FEL is 
at or below 3.0 g/m2/day.
    (ii) 10.4 g/m2/day. However, if you use this value to 
establish the FEL for any of your tanks, you must use this value to 
establish the FEL for every tank not covered by paragraph (a)(4)(i) of 
this section.
    (iii) The measured permeation rate of the tank or the measured 
permeation rate of a thinner-walled tank of the same material. However, 
if you use this approach to establish the FEL for any of your tanks, 
you must establish an FEL based on emission measurements for every tank 
not covered by paragraph (a)(4)(i) of this section.
* * * * *

0
319. 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 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.

0
320. 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.

0
321. 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.

[[Page 40507]]


0
322. A new Sec.  1051.740 is added to subpart H 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 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.

0
323. A new Sec.  1051.745 is added to subpart H 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, except as allowed in Sec.  
1051.145(h), 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).

0
324. 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

[[Page 40508]]

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 relating to the process of 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 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 has the meaning given 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.
    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 designed to contain liquid fuel 
or fuel vapor. This includes all hoses or tubing for the filler neck, 
for connections between dual fuel tanks, and for connecting a carbon 
canister to the fuel tank. This does not include hoses or tubing for 
routing crankcase vapors to the engine's intake or any other hoses or 
tubing that are open to the atmosphere.
    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 gasoline or 
natural gas. There can be multiple grades within a single fuel type, 
such as winter-grade and all-season 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.
    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 24 hours or 240 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 90.3.
    Maximum test power means the maximum brake power of an engine at 
test conditions.
    Maximum test speed has the meaning given in 40 CFR 1065.1001.
    Maximum test torque has the meaning given in 40 CFR 1065.1001.
    Model year means one of the following things:

[[Page 40509]]

    (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 given in 40 CFR 85.1703(a).
    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 given 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 of 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.)
    Owners manual means a document or collection of documents prepared 
by the engine manufacturer for the owner or operator to describe 
appropriate engine maintenance, applicable warranties, and any other 
information related to operating or keeping the engine. The owners 
manual is typically provided to the ultimate purchaser at the time of 
sale.
    Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.
    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

[[Page 40510]]

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 given in 40 CFR 1068.30.
    Round has the meaning given in 40 CFR 1065.1001, 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 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 given 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.
    Ultraviolet light means electromagnetic radiation with a wavelength 
between 300 and 400 nanometers.
    United States has the meaning given 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 vehicle 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. This includes 
vehicles for which the location of first retail sale is in a state that 
has applicable state emission regulations for that model year, unless 
we specify otherwise.
    Useful life means the period during which a vehicle is required to 
comply with all applicable emission standards, specified as a given 
number of calendar years and kilometers (whichever comes first). In 
some cases, useful life is also limited by a given number of hours of 
engine operation. If an engine has no odometer (or hour meter), the 
specified number of kilometers (or hours) does not limit the period 
during which an in-use vehicle is required to comply with emission 
standards, unless the degree of service accumulation can be verified 
separately. 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 given 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.

0
325. Section 1051.805 is amended by adding ``CFR'', ``HC'', and 
``NARA'' 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.
* * * * *
    NARA--National Archives and Records Administration.
* * * * *

0
326. 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

[[Page 40511]]

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 or www.astm.com. 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
 RubberProperty 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 or 
www.sae.org. 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
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.............
------------------------------------------------------------------------

0
327. 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.

0
328. 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.

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS

0
329. The authority citation for part 1068 is revised to read as 
follows:

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

0
330. 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.

0
331. Section 1068.30 is amended by revising the definition for ``United 
States'' and adding definitions for ``Days'', ``Defeat device'', 
``Equipment'', ``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 given in the standard-setting 
part.
* * * * *
    Equipment means any vehicle, vessel, or other type of equipment 
that is subject to the requirements of this part, or that uses an 
engine that is subject to the requirements of this 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 3 standards may be required to comply with Tier 1 or 
Tier 2 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

[[Page 40512]]

for the administrative process we use to evaluate good engineering 
judgment.
* * * * *
    Motor vehicle has the meaning given in 40 CFR 85.1703(a).
* * * * *
    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.
* * * * *

0
332. 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 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 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

[[Page 40513]]

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.
* * * * *

0
333. Section 1068.105 is amended by revising paragraph (a) and 
renumbering the second paragraph (c)(1)(iii) as (c)(1)(iv) 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.
* * * * *

0
334. 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.

0
335. 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.
* * * * *

0
336. 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.
* * * * *

0
337. Section 1068.201 is amended by revising paragraphs (c) and (i) to 
read as follows:


Sec.  1068.201  Does EPA exempt or exclude any engines from the 
prohibited acts?

* * * * *
    (c) If you use an exemption under this subpart, we may require you 
to add a permanent label to your exempted engines. You may ask us to 
modify these labeling requirements if it is appropriate for your 
engine.
* * * * *
    (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.

0
338. 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 [Insert appropriate year reflecting when the applicable tier of 
emission standards for the replaced engine began to apply] 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.
* * * * *

0
339. Section 1068.245 is amended by revising paragraphs (a)(4) and 
(f)(4) to read as follows:

[[Page 40514]]

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.
* * * * *
    (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, we may specify a 
different statement to identify the alternate emission standards.

0
340. 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?

* * * * *
    (k) * * *
    (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, we may specify a 
different statement to identify the alternate emission standards.

0
341. 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 grantthe 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, we may specify a 
different statement to identify the alternate emission standards.
* * * * *

0
342. Section 1068.260 is amended by revising paragraphs (a)(5), (a)(6), 
and (f) and adding paragraphs (g) and (h) to read as follows:


Sec.  1068.260  What are the provisions for temporarily exempting 
engines for delegated final assembly?

    (a) * * *
    (5) Ship the aftertreatment components directly to the equipment 
manufacturer, or arrange for separate shipment by the component 
manufacturer to the equipment manufacturer.
    (6) Take appropriate additional steps to ensure that all engines 
will be in their certified configuration when installed by the 
equipment manufacturer. At a minimum do the following:
    (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.
    (ii) If you sell more than 50 engines per model year under this 
section, you must annually audit four equipment manufacturers to whom 
you sell engines under this section. To select individual equipment 
manufacturers, divide all the affected equipment manufacturers into 
quartiles based on the number of engines they buy from you; select a 
single equipment manufacturer from each quartile each model year. Vary 
the equipment manufacturers you audit from year to year, though you may 
repeat an audit in a later model year if you find or suspect that a 
particular equipment manufacturer is not properly installing 
aftertreatment devices. If you sell engines to fewer than 16 equipment 
manufacturers under the provisions of this section, you may instead set 
up a plan to audit each equipment manufacturer on average once every 
four model years. Audits must involve the assembling companies' 
facilities, procedures, and production records to monitor their 
compliance with your instructions, must include investigation of some 
assembled engines, and must confirm that the number of aftertreatment 
devices shipped were sufficient for the number of engines produced. 
Where an equipment manufacturer is not located in the United States, 
you may conduct the audit at a distribution or port facility in the 
United States. You must keep records of these audits for five years 
after the end of the model year and provide a report to us describing 
any uninstalled or improperly installed aftertreatment components. Send 
us these reports within 90 days of the audit, except as specified in 
paragraph (d) of this section.
    (iii) If you sell up to 50 engines per model year under this 
section, you must conduct audits as described in paragraph (a)(6)(ii) 
of this section or propose an alternative plan for ensuring that 
equipment manufacturers properly install aftertreatment devices.
    (iv) If you produce engines and use them to produce equipment under 
the provisions of this section, you must take steps to ensure that your 
facilities, procedures, and production records are set up to ensure 
compliance with the provisions of this section, but you may meet your 
auditing responsibilities under this paragraph (a)(6) by maintaining a 
database showing how you pair aftertreatment components with the 
appropriate engines.
* * * * *
    (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.
    (h) You may ask us to provide a temporary exemption to allow you to 
complete production of your engines at different facilities, as long as 
you maintain control of the engines until they are in their certified 
configuration. We may require you to take specific steps to ensure that 
such engines are in their certified configuration before reaching the 
ultimate purchaser. You may request an exemption under this paragraph 
(h) in your application for

[[Page 40515]]

certification, or in a separate submission to the Designated Compliance 
Officer.

0
343. 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 the standard-setting 
part, you must meet the labeling requirements in the standard-setting 
part, with the following exceptions:
    (1) Modify the engine-family designation by eliminating the 
character that identifies the model year.
    (2) See the provisions of the applicable exemption for appropriate 
language to replace the compliance statement otherwise required in the 
standard-setting part.
    (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 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.

0
344. Section 1068.305 is amended by revising paragraph (a) to read as 
follows:


Sec.  1068.305  How do I get an exemption or exclusion for imported 
engines?

    (a) Complete the appropriate EPA declaration form before importing 
any nonconforming engine. These forms are available on the Internet at 
http://www.epa.gov/OTAQ/imports/ or by phone at 734-214-4100.
* * * * *

0
345. Section 1068.315 is amended by revising paragraphs (e), (f), and 
(g), adding and reserving paragraph (h), and adding paragraphs (i), and 
(j) to read as follows:


Sec.  1068.315  What are the permanent exemptions for imported engines?

* * * * *
    (e) Small-volume manufacturer exemption. You may import a 
nonconforming engine if we grant hardship relief for a small-volume 
manufacturer, as described in Sec.  1068.250.
    (f) Equipment-manufacturer hardship exemption. You may import a 
nonconforming engine if we grant an exemption for the transition to new 
or revised emission standards, as described in Sec.  1068.255.
    (g) Delegated-assembly exemption. You may import a nonconforming 
engine for final assembly under the provisions of Sec.  1068.260. 
However, this does not include the staged-assembly provisions of Sec.  
1068.260(h); see Sec.  1068.330 for importing incomplete engines.
    (h) [Reserved]
    (i) Identical configuration exemption. You may import a 
nonconforming engine if it is identical to certified engines produced 
by the same manufacturer, subject to the following provisions:
    (1) You may import only the following engines under this exemption:
    (i) Large nonroad spark-ignition engines (see part 1048 of this 
chapter).
    (ii) Recreational nonroad spark-ignition engines and equipment (see 
part 1051 of this chapter).
    (iii) Land-based nonroad diesel engines (see part 1039 of this 
chapter).
    (2) You must meet all the following criteria:
    (i) You have owned the engine for at least six months.
    (ii) You agree not to sell, lease, donate, trade, or otherwise 
transfer ownership of the engine for at least five years, or until the 
engine is eligible for the exemption in paragraph (g) of this section. 
During this period, the only acceptable way to dispose of the engine is 
to destroy or export it.
    (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.
    (3) We will tell you in writing if we find the information 
insufficient to show that the engine is eligible for this exemption. In 
this case, we will not consider your request further until you address 
our concerns.
    (j) Ancient engine exemption. If you are not the original engine 
manufacturer, you may import a nonconforming engine that is subject to 
a standard-setting part and was first manufactured at least 21 years 
earlier, as long as it is still in its original configuration.

0
346. Section 1068.325 is amended by revising the introductory text to 
read as follows:


Sec.  1068.325  What are the temporary exemptions for imported engines?

    You may import engines under certain temporary exemptions, subject 
to the conditions in this section. We may ask the U.S. Customs Service 
to require a specific bond amount to make sure you comply with the 
requirements of this subpart. You may not sell or lease one of these 
engines while it is in the United States. You must eventually export 
the engine as we describe in this section unless you get a certificate 
of conformity for it or it qualifies for one of the permanent 
exemptions in Sec.  1068.315. Section 1068.330 specifies an additional 
temporary exemption allowing you to import certain engines you intend 
to modify.
* * * * *

[[Page 40516]]


0
347. Section 1068.330 is amended by revising the section heading and 
paragraph (c) and adding paragraph (a)(4) to read as follows:


Sec.  1068.330  How do I import engines requiring further assembly?

* * * * *
    (a) * * *
    (4) You import a complete or partially complete engine for 
installation in equipment subject to equipment-based standards for 
which you have either a certificate of conformity or an exemption that 
allows you to sell the equipment.
* * * * *
    (c) If we approve a temporary exemption for an engine, you may 
import it under the conditions in this section. If you are not a 
certificate holder, we may ask the U.S. Customs Service to require a 
specific bond amount to make sure you comply with the requirements of 
this subpart.
* * * * *

0
348. Section 1068.335 is amended by revising paragraph (b) to read as 
follows:


Sec.  1068.335  What are the penalties for violations?

* * * * *
    (b) Temporarily imported engines. If you do not comply with the 
provisions of this subpart for a temporary exemption under Sec.  
1068.325 or Sec.  1068.330, you may forfeit the total amount of the 
bond in addition to the sanctions we identify in paragraph (a) of this 
section. We will consider an engine to be exported if it has been 
destroyed or delivered to the U.S. Customs Service for export or other 
disposition under applicable Customs laws and regulations. EPA or the 
U.S. Customs Service may offer you a grace period to allow you to 
export a temporarily exempted engine without penalty after the 
exemption expires.

0
349. 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.

0
350. Section 1068.505 is amended by adding paragraph (g) to read as 
follows:


Sec.  1068.505  How does the recall program work?

* * * * *
    (g) 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.

0
351. Section 1068.510 is amended by revising paragraph (a)(10) 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.
* * * * *


Sec.  1068.540  [Removed]

0
352. Section 1068.540 is removed.

0
353. 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 Work inputs and outputs, accessory work, and operator 
demand.
1065.120 Fuel properties and fuel temperature and pressure.
1065.122 Engine cooling and lubrication.
1065.125 Engine intake air.
1065.127 Exhaust gas recirculation.
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 updating, recording, and control.
1065.205 Performance specifications for measurement instruments.

Measurement of Engine Parameters and Ambient Conditions

1065.210 Work input and output sensors.
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.

O2 Measurements

1065.280 Paramagnetic and magnetopneumatic O2 detection 
analyzers.

Air-to-Fuel Ratio Measurements

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 Verifications

1065.301 Overview and general provisions.
1065.303 Summary of required calibration and verifications
1065.305 Verifications for accuracy, repeatability, and noise.
1065.307 Linearity verification.
1065.308 Continuous gas analyzer system-response and updating-
recording verification.
1065.309 Continuous gas analyzer uniform response verification.

Measurement of Engine Parameters and Ambient Conditions

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

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 (propane check).
1065.345 Vacuum-side leak verification.

CO and CO2 Measurements

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

[[Page 40517]]

Hydrocarbon Measurements

1065.360 FID optimization and verification.
1065.362 Non-stoichiometric raw exhaust FID O2 
interference verification.
1065.365 Nonmethane cutter penetration fractions.

NOX Measurements

1065.370 CLD CO2 and H2O quench verification.
1065.372 NDUV analyzer HC and H2O interference 
verification.
1065.376 Chiller NO2 penetration.
1065.378 NO2-to-NO converter conversion verification.

PM Measurements

1065.390 PM balance verifications and weighing process verification.
1065.395 Inertial PM balance verifications.

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--Performing 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 Gas 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.
1065.610 Duty cycle generation.
1065.630 1980 international gravity formula.
1065.640 Flow meter calibration calculations.
1065.642 SSV, CFV, and PDP molar 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.
1065.659 Removed water correction.
1065.660 THC and NMHC determination.
1065.665 THCE and NMHCE determination.
1065.66 Dilution air background emission correction.
1065.670 NOX intake-air humidity and temperature 
corrections.
1065.672 Drift correction.
1065.675 CLD quench verification calculations.
1065.690 Buoyancy correction for PM sample media.
1065.695 Data requirements.

Subpart H--Engine Fluids, Test Fuels, Analytical Gases and Other 
Calibration Standards

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.
1065.845 Response factor determination.
1065.850 Calculations.

Subpart J--Field Testing and Portable Emission Measurement Systems

1065.901 Applicability.
1065.905 General provisions.
1065.910 PEMS auxiliary equipment for field testing.
1065.915 PEMS instruments.
1065.920 PEMS Calibrations and verifications.
1065.925 PEMS preparation for field testing.
1065.930 Engine starting, restarting, and shutdown.
1065.935 Emission test sequence for field testing.
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 2010 and later heavy-duty highway engines we 
regulate under 40 CFR part 86. For earlier model years, manufacturers 
may use the test procedures in this part or those specified in 40 CFR 
part 86, subpart N, according to Sec.  1065.10.
    (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.
    (g) For additional information regarding these test procedures, 
visit our Web site at www.epa.gov, and in particular http://www.epa.gov/otaq/testingregs.htm.


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 
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

[[Page 40518]]

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 gases do I need to measure?
    (4) Does testing require full-flow dilute sampling? Is raw sampling 
prohibited? Is partial-flow sampling prohibited?
    (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?
    (11) Do any unique requirements apply for durability testing?
    (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
           This subpart . . .                  or procedures . . .
------------------------------------------------------------------------
Subpart A..............................  Applicability and general
                                          provisions.
Subpart B..............................  Equipment for testing.
Subpart C..............................  Measurement instruments for
                                          testing.
Subpart D..............................  Calibration and performance
                                          verifications 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 test with portable
                                          emission measurement systems
                                          (PEMS).
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 the 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. We intend to 
publicly announce when we allow or require such exceptions. All of the 
test procedures noted here as exceptions to the specified procedures 
are considered generically as ``other procedures.'' Note that the terms 
``special procedures'' and ``alternate procedures'' have specific 
meanings; ``special procedures'' are those allowed by Sec.  
1065.10(c)(2) and ``alternate procedures'' are those allowed by Sec.  
1065.10(c)(7).
    (1) The objective of the procedures in this part is 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. However, in unusual 
circumstances these procedures may result in measurements that do not 
represent in-use operation. You must notify us if good engineering 
judgment indicates that the specified procedures cause unrepresentative 
emission measurements for your engines. Note that you need not notify 
us of unrepresentative aspects of the test procedure if measured 
emissions are equivalent to in-use emissions. This provision does not 
obligate you to pursue new information regarding the different ways 
your engine might operate in use, nor does it obligate you to collect 
any other in-use information to verify whether or not these test 
procedures are representative of your engine's in-use operation. If you 
notify us of unrepresentative procedures under this paragraph (c)(1), 
we will cooperate with you to establish whether and how the procedures 
should be appropriately changed to result in more representative 
measurements. While the provisions of this paragraph (c)(1) allow us to 
be responsive to issues as they arise, we would generally work toward 
making these testing changes generally applicable through rulemaking. 
We will allow reasonable lead time for compliance with any resulting 
change in procedures. We will consider the following factors in 
determining the importance of pursuing changes to the procedures:
    (i) Whether supplemental emission standards or other requirements 
in the standard-setting part address the type of operation of concern 
or otherwise prevent inappropriate design strategies.
    (ii) Whether the unrepresentative aspect of the procedures affect 
your ability to show compliance with the applicable emission standards.
    (iii) The extent to which the established procedures require the 
use of emission-control technologies or strategies that are expected to 
ensure a comparable degree of emission control under the in-use 
operation that differs from the specified procedures.
    (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.

[[Page 40519]]

    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 the combination you use for testing 
does not affect your ability to show compliance with the applicable 
emission standards.
    (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) During the 12 months following the effective date of any change 
in the provisions of this part 1065, you may ask to use data collected 
using procedures specified in the previously applicable version of this 
part 1065. This paragraph (c)(6) does not restrict the use of carryover 
certification data otherwise allowed by the standard-setting part.
    (7) You may request to use alternate procedures that are equivalent 
to allowed procedures, or 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. The following provisions apply to requests for alternate 
procedures:
    (i) Applications. Follow the instructions in Sec.  1065.12.
    (ii) Submission. Submit requests in writing to the Designated 
Compliance Officer.
    (iii) Notification. 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), 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 to us in writing supplemental information showing 
that your alternate procedure is consistently and reliably at least as 
accurate and repeatable as the specified procedure.
    (b) We may make our approval under this section conditional upon 
meeting other requirements or specifications. We may limit our 
approval, for example, to certain time frames, specific duty cycles, or 
specific emission standards. Based upon any supplemental information we 
receive after our initial approval, we may amend a previously approved 
alternate procedure to extend, limit, or discontinue its use. We intend 
to publicly announce alternate procedures that we approve.
    (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 initial 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 similarly to the specified 
procedures. 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 of the 
specified procedures.
    (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 recommend 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 as a comparison 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,

[[Page 40520]]

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, 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 
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 a set of at least seven 
samples from the reference procedure and a set of at least seven 
samples from the alternate procedure to perform an F-test. The sets 
must meet the following requirements:
    (i) Within each set, the values must be independent. That is, the 
probability of any given value in a set must be unchanged by knowledge 
of another value in that set. For example, your data would violate this 
requirement if a set showed a distinct increase or decrease that was 
dependent upon the time at which they were sampled.
    (ii) For each set, 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, 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 sets must be independent of each other. That is, the 
probability of any given value in one set must be unchanged by 
knowledge of another value in the other set. For example, your data 
would violate this requirement if one value in a set showed a distinct 
increase or decrease that was dependent upon a value in the other set. 
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, use caution when selecting sets from paired 
data for the F-test. If you do this, select sets that do not mask the 
precision of the measurement procedure. We recommend selecting such 
sets only 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 sets of data, show that the mean F-test value 
is less than the mean critical F value for all the sets. 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[middot]hr) (or g/(hp[middot]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 during the following 
types of engine operation:
    (i) Laboratory testing. Under this type of testing, you determine 
brake-specific emissions for duty-cycle testing by using an engine 
dynamometer in a laboratory. This typically consists of one or more 
test intervals, each defined by a duty cycle, which is a sequence of 
speeds and torques that an engine must follow. If the standard-setting 
part allows it, you may also simulate field testing by running on an 
engine 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. The 
standard-setting part specifies how test intervals are defined for 
field testing.
    (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 continuous (raw or dilute) flow rate 
at the emission sampling location to determine the constituent's flow 
rate. Sum the constituent's flow rate continuously over the test 
interval. This sum is 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

[[Page 40521]]

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 sampled 
concentrations by the total (raw or dilute) flow from which it was 
extracted during the test interval. This product is the total mass of 
the emitted constituent.
    (iii) Combined sampling. 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. Sum 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 
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) The following figure illustrates the allowed measurement 
configurations described in this part 1065:

BILLING CODE 6560-50-P

[[Page 40522]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.011


[[Page 40523]]




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:
    (1) We designate rotational frequency, fn, 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[middot]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[middot]hr. If we specify engine 
standards in grams per horsepower[middot]hour (g/(hp[middot]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, [mu]mol/mol, formerly ppm (volume).
    (2) For all substances, [mu]m\3\/m\3\, formerly ppm (volume).
    (3) For all substances, mg/kg, formerly ppm (mass).
    (c) Absolute pressure. Measure absolute pressure directly or 
calculate it as the sum of atmospheric pressure plus a differential 
pressure that is referenced to atmospheric 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. If your standard is in g/(hp[middot]hr) 
units, convert kW to hp before any rounding by using the conversion 
factor of 1 hp ( 550 ft[middot]lbf/s) = 0.7456999 kW. Round the final 
value for comparison to the applicable standard.
    (e) Rounding. Unless the standard-setting part specifies otherwise, 
round only final values, not intermediate values. Round values to the 
number of significant digits necessary to match the number of decimal 
places of the applicable standard or specification. For information not 
related to standards or specifications, use good engineering judgment 
to record the appropriate number of significant digits.
    (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 and emission 
standards, 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 mean'' that is expected at the standard. Flow-weighted 
mean is the mean 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 mean concentration is the sum of the products of each recorded 
concentration times its respective exhaust flow rate, divided by the 
sum of the recorded flow rates. As another example, the bag 
concentration from a CVS system is the same as the flow-weighted mean 
concentration, because the CVS system itself flow-weights the bag 
concentration. Refer to Sec.  1065.602 for information needed to 
estimate and calculate flow-weighted means.


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. The provisions of this 
subpart apply for all testing in laboratories. See subpart J of this 
part to determine which of the provisions of this subpart apply for 
field testing. This includes three broad categories of equipment--
dynamometers, engine fluid systems (such as fuel and intake-air 
systems), and emission-sampling hardware.
    (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.
    (d) Figures 1 and 2 of this section illustrate some of the possible 
configurations of laboratory equipment. These figures are schematics 
only; we do not require exact conformance to them. Figure 1 of this 
section illustrates the equipment specified in this subpart and gives 
some references to sections in this subpart. Figure 2 of this section 
illustrates some of the possible configurations of a full-flow 
dilution, constant-volume sampling (CVS) system. Not all possible CVS 
configurations are shown.

BILLING CODE 6560-50-P

[[Page 40524]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.012


[[Page 40525]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.013

BILLING CODE 6560-50-C


Sec.  1065.110  Work inputs and outputs, accessory work, and operator 
demand.

    (a) Work. Use good engineering judgment to simulate all engine work 
inputs and outputs as they typically would operate in use. Account for 
work inputs and outputs during an emission test by measuring them; or, 
if they are small, you may show by engineering analysis that 
disregarding them does not affect your ability to determine the net 
work output by more than 0.5% of the net reference work 
output over the test interval. Use equipment to simulate the specific 
types of work, as follows:
    (1) Shaft work. Use an engine dynamometer that is able to meet the 
cycle-validation criteria in Sec.  1065.514 over each applicable duty 
cycle.
    (i) You may use eddy-current and water-brake dynamometers for any 
testing that does not involve engine motoring, which is identified by 
negative torque commands in a reference duty cycle. See the standard 
setting part for reference duty cycles that are applicable to your 
engine.
    (ii) You may use alternating-current or direct-current motoring 
dynamometers for any type of testing.
    (iii) You may use one or more dynamometers.
    (2) Electrical work. Use one or more of the following to simulate 
electrical work:
    (i) Use storage batteries or capacitors that are of the type and 
capacity installed in use.
    (ii) Use motors, generators, and alternators that are of the type 
and capacity installed in use.
    (iii) Use a resistor load bank to simulate electrical loads.
    (3) Pump, compressor, and turbine work. Use pumps, compressors, and 
turbines that are of the type and capacity installed in use. Use 
working fluids that are of the same type and thermodynamic state as 
normal in-use operation.
    (b) Laboratory work inputs. You may supply any laboratory inputs of 
work to the engine. For example, you may supply electrical work to the 
engine to operate a fuel system, and as another example you may supply 
compressor work to the engine to actuate pneumatic valves. We may ask 
you to show by engineering analysis your accounting of laboratory work 
inputs to meet the criterion in paragraph (a) of this section.
    (c) Engine accessories. You must either install or account for the 
work 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 
accounted for during all testing operations, including mapping. If 
these accessories are not powered by the engine during a test, account 
for the work required to perform these functions from the total work 
used in brake-specific emission calculations. For air-cooled engines 
only, subtract externally powered fan work from total work. We may ask 
you to show by engineering analysis your accounting of engine 
accessories to meet the criterion in paragraph (a) of this section.
    (d) Engine starter. You may install a production-type starter.
    (e) Operator demand for shaft work. Command the operator demand and 
the dynamometer(s) to follow the prescribed duty cycle with set points 
for engine

[[Page 40526]]

speed and torque at 5 Hz (or more frequently) for transient testing or 
1 Hz (or more frequently) for steady-state testing. 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)(1).


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 and the location where they are to be measured, 
then measure the fuel temperature and pressure at the specified 
location to show that you are within these tolerances throughout 
testing.
    (c) If the engine manufacturer does not specify fuel temperature 
and pressure tolerances, use good engineering judgment to set and 
control fuel temperature and pressure in a way that represents typical 
in-use fuel temperatures and pressures.


Sec.  1065.122  Engine cooling and lubrication.

    (a) 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. You may use laboratory auxiliary 
coolers and fans.
    (1) If you use laboratory auxiliary fans you must account for work 
input to the fan(s) according to Sec.  1065.110.
    (2) See Sec.  1065.125 for more information related to intake-air 
cooling.
    (3) See Sec.  1065.127 for more information related to exhaust gas 
recirculation cooling.
    (4) Measure temperatures at the manufacturer-specified locations. 
If the manufacturer does not specify temperature measurement locations, 
then use good engineering judgment to monitor intake-air, oil, coolant, 
block, and head temperatures to ensure that they are in their expected 
ranges for normal operation.
    (b) Forced cooldown. You may install a forced cooldown system for 
an engine and an exhaust aftertreatment device according to Sec.  
1065.530(a)(1).
    (c) Lubricating oil. Use lubricating oils specified in Sec.  
1065.740.
    (d) Coolant. For liquid-cooled engines, use coolant as specified in 
Sec.  1065.745.


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. This includes the charge-air 
cooling and exhaust gas recirculation systems.
    (b) Measure temperature, humidity, and atmospheric 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 shared 
atmospheric pressure meter as long as your equipment for handling 
intake air maintains ambient pressure where you test the engine within 
1 kPa of the shared atmospheric pressure. You may use a 
shared humidity measurement for intake air as long as your equipment 
for handling intake air maintains dewpoint where you test the engine to 
within +0.5 [deg]C of the shared 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 the static 
differential pressure of the restriction at the location and at the 
speed and torque set points specified by the manufacturer. If the 
manufacturer does not specify a location, measure this pressure 
upstream any turbocharger or exhaust gas recirculation system 
connection to the intake air system. If the manufacturer does not 
specify speed and torque points, measure this pressure while the engine 
outputs maximum power. As the manufacturer, you are liable for emission 
compliance for all values up to the maximum restriction you specify for 
a particular engine.
    (d) This paragraph (d) includes provisions for simulating charge-
air cooling in the laboratory. This approach is described in paragraph 
(d)(1) of this section. Limits on using this approach are described in 
paragraphs (d)(2) and (3) of this section.
    (1) Use a charge-air cooling system with a total intake-air 
capacity that represents production engines' in-use installation. 
Maintain coolant conditions as follows:
    (i) Maintain a coolant temperature of at least 20 [deg]C at the 
inlet to the charge-air cooler throughout testing.
    (ii) 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 set point throughout testing.
    (2) Using a constant flow rate as described in paragraph (d)(1)(ii) 
of this section may result in unrepresentative overcooling of the 
intake air. If this causes any regulated emission to decrease, then you 
may still use this approach, but only if the effect on emissions is 
smaller than the degree to which you meet the applicable emission 
standards. If the effect on emissions is larger than the degree to 
which you meet the applicable emission standards, you must use a 
variable flow rate that controls intake-air temperatures to be 
representative of in-use operation.
    (3) This approach does not apply for field testing. You may not 
correct measured emission levels from field testing to account for any 
differences caused by the simulated cooling in the laboratory.


Sec.  1065.127  Exhaust gas recirculation.

    Use the exhaust gas recirculation (EGR) system installed with the 
engine or one that represents a typical in-use configuration. This 
includes any applicable EGR cooling devices.


Sec.  1065.130  Engine exhaust.

    (a) General. Use the exhaust system installed with the engine or 
one that represents a typical in-use configuration. This includes any 
applicable aftertreatment devices.
    (b) Aftertreatment configuration. If you do not use the exhaust 
system installed with the engine, configure any aftertreatment devices 
as follows:
    (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 typical in-use vehicle 
configurations.
    (2) You may use laboratory exhaust tubing upstream of any 
aftertreatment device that is of diameter(s) typical of in-use 
configurations. If you use laboratory exhaust tubing upstream of any 
aftertreatment device, position each aftertreatment device according to 
paragraph (b)(1) of this section.
    (c) Sampling system connections. Connect an engine's exhaust system 
to any raw sampling location or dilution stage, as follows:
    (1) Minimize laboratory exhaust tubing lengths and use a total 
length of laboratory tubing of no more than 10 m or 50 outside 
diameters, whichever is greater. If laboratory exhaust tubing consists 
of several different outside tubing diameters, count the number of

[[Page 40527]]

diameters of length of each individual diameter, then sum all the 
diameters to determine the total length of exhaust tubing in diameters. 
Use the mean outside diameter of any converging or diverging sections 
of tubing. Use outside hydraulic diameters of any noncircular sections.
    (2) You may install short sections of flexible laboratory exhaust 
tubing at any location in the engine or laboratory exhaust systems. You 
may use up to a combined total of 2 m or 10 outside diameters of 
flexible exhaust tubing.
    (3) Insulate any laboratory exhaust tubing downstream of the first 
25 outside diameters of length.
    (4) Use laboratory exhaust tubing materials that are smooth-walled, 
electrically conductive, and not reactive with exhaust constituents. 
Stainless steel is an acceptable material.
    (5) We recommend that you use laboratory exhaust tubing that has 
either a wall thickness of less than 2 mm or is air gap-insulated to 
minimize temperature differences between the wall and the exhaust.
    (d) In-line instruments. You may insert instruments into the 
laboratory exhaust tubing, such as an in-line smoke meter. If you do 
this, you may leave a length of up to 5 outside diameters of laboratory 
exhaust tubing uninsulated on each side of each instrument, but you 
must leave a length of no more than 25 outside diameters of laboratory 
exhaust tubing uninsulated in total, including any lengths adjacent to 
in-line instruments.
    (e) Grounding. Electrically ground the entire exhaust system.
    (f) Forced cooldown. You may install a forced cooldown system for 
an exhaust aftertreatment device according to Sec.  1065.530(a)(1)(i).
    (g) Exhaust restriction. Use an exhaust restriction that represents 
the performance of production engines. Make sure the exhaust 
restriction set point is either (80 to 100) % of the maximum exhaust 
restriction specified by the manufacturer; or if the maximum is 5 kPa 
or less, make sure the set point is no less than 1.0 kPa from the 
maximum. For example, if the maximum back pressure is 4.5 kPa, do not 
use an exhaust restriction set point that is less than 3.5 kPa. Measure 
and set this pressure at the location and at the speed, torque and 
aftertreatment 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.
    (h) Open crankcase emissions. If the standard-setting part requires 
measuring open crankcase emissions, you may either measure open 
crankcase emissions separately using a method that we approve in 
advance, or route open crankcase emissions directly into the exhaust 
system for emission measurement as follows:
    (1) Use laboratory 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.
    (2) Minimize the number of bends in the laboratory crankcase tubing 
and maximize the radius of any unavoidable bend.
    (3) Use laboratory crankcase exhaust tubing that meets the engine 
manufacturer's specifications for crankcase back pressure.
    (4) Connect the crankcase exhaust tubing into the raw exhaust 
downstream of any aftertreatment system, downstream of any installed 
exhaust restriction, and sufficiently upstream of any sample probes to 
ensure complete mixing with the engine's exhaust before sampling. 
Extend the crankcase exhaust tube into the free stream of exhaust to 
avoid boundary-layer effects and to promote mixing. You may orient the 
crankcase exhaust tube's outlet 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 the diluent affects some gaseous emission measurement instruments' 
response to emissions. 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. Before a 
diluent is mixed with exhaust, you may precondition it 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 diluent and 
compensate for background effects on test results. See Sec.  1065.650 
for calculations that compensate for background concentrations.
    (2) Either measure these background concentrations the same way you 
measure diluted exhaust constituents, or measure them in a way that 
does not affect your ability to demonstrate compliance with the 
applicable standards. For example, you may use the following 
simplifications for background sampling:
    (i) You may disregard any proportional sampling requirements.
    (ii) You may use unheated gaseous sampling systems.
    (iii) You may use unheated PM sampling systems only if we approve 
it in advance.
    (iv) You may use continuous sampling if you use batch sampling for 
diluted emissions.
    (v) You may use batch sampling if you use continuous sampling for 
diluted emissions.
    (3) For removing background PM, we recommend that you filter all 
dilution air, including primary full-flow dilution air, with high-
efficiency particulate air (HEPA) filters that have an initial minimum 
collection efficiency specification of 99.97% (see Sec.  1065.1001 for 
procedures related to HEPA-filtration efficiencies). Ensure that HEPA 
filters are installed properly so that background PM does not leak past 
the HEPA filters. If you choose to correct for background PM without 
using HEPA filtration, demonstrate that the background PM in the 
dilution air contributes less than 50% to the net PM collected on the 
sample filter.
    (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, molar flow rate or mass 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 and insulated dilution tunnel to minimize 
temperature differences between the wall and the exhaust gases.
    (2) Pressure control. Maintain static pressure at the location 
where raw exhaust is introduced into the tunnel within 1.2 kPa of 
atmospheric pressure. You may use a booster blower to control this 
pressure. If you test an engine using more careful pressure control and 
you show by engineering analysis or by test data that you require this 
level of control to demonstrate compliance at the applicable standards, 
we will maintain the same level of static pressure control when we test 
that engine.
    (3) Mixing. Introduce raw exhaust into the tunnel by directing it 
downstream

[[Page 40528]]

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 inside 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 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 
upstream of any flow meter. Note paragraph (c)(6) of this section 
regarding aqueous condensation.
    (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 meter inlet. Calculations in Sec.  1065.645 and Sec.  
1065.650 account for either method of addressing humidity in the 
diluted exhaust. Note that preventing aqueous condensation involves 
more than keeping pure water in a vapor phase (see Sec.  1065.1001).
    (7) Flow compensation. Maintain nominally constant molar, 
volumetric or mass flow of diluted exhaust. You may maintain nominally 
constant flow by either maintaining the temperature and pressure at the 
flow meter or by directly controlling the flow of diluted exhaust. You 
may also directly control the flow of proportional samplers to maintain 
proportional sampling. 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. Sec.  1065.240 describes 
PFD-related flow measurement instruments. PFD may consist of constant 
or varying dilution ratios as described in paragraphs (d)(2) and (3) of 
this section. An example of a constant dilution ratio PFD is a 
``secondary dilution PM'' measurement system. An example of a varying 
dilution ratio PFD is a ``bag mini-diluter'' or BMD.
    (1) Applicability. (i) You may not use PFD if the standard-setting 
part prohibits it.
    (ii) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous PM emission sampling over any transient 
duty cycle only if we have explicitly approved it according to Sec.  
1065.10 as an alternative procedure to the specified procedure for 
full-flow CVS.
    (iii) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous gaseous emission sampling.
    (iv) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous PM emission sampling over any steady-state 
duty cycle or its ramped-modal cycle (RMC) equivalent.
    (v) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous field-testing.
    (vi) You may use PFD to extract a proportional diluted exhaust 
sample from a CVS for any batch or continuous emission sampling.
    (vii) You may use PFD to extract a constant raw or diluted exhaust 
sample for any continuous emission sampling.
    (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 
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 control system with sensors and actuators that can 
maintain proportional sampling over intervals as short as 200 ms (i.e., 
5 Hz control).
    (ii) For control input, you may use any sensor output from one or 
more measurements; for example, intake-air flow, fuel flow, exhaust 
flow, engine speed, and intake manifold temperature and pressure.
    (iii) Account for any emission transit time in the PFD system.
    (iv) You may use preprogrammed data if they have been determined 
for the specific test site, duty cycle, and test engine from which you 
dilute emissions.
    (v) We recommend that you run practice cycles to meet the 
validation criteria in Sec.  1065.545. Note that 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.
    (vi) You may not use a PFD system that requires preparatory tuning 
or calibration with a CVS or with the emission results from a CVS. 
Rather, you must be able to independently calibrate the PFD.
    (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 using full-flow dilution, or 
partial-flow dilution immediately downstream of a PM probe. Control 
sample temperature to a (47 5) [deg]C tolerance, as 
measured anywhere within 20 cm upstream or downstream of the PM storage 
media (such as a filter). 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. Heat or 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 or, for raw exhaust sampling, 
use a nonreactive material capable of withstanding raw exhaust 
temperatures. Locate sample

[[Page 40529]]

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 flow to 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 relative to the raw or diluted exhaust flow. 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 tolerance 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. If you shield a PM 
probe's opening with a PM pre-classifier such as a hat, you may not use 
the preclassifier we specify in paragraph (d)(4)(i) of this section. 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, VitonTM, or any other material 
that you demonstrate has better properties for emission sampling. For 
raw exhaust sampling, use a non-reactive material capable of 
withstanding raw exhaust temperatures. 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 either an 
NO2-to-NO converter that meets the specifications of Sec.  
1065.378 or a chiller that meets the specifications of Sec.  1065.376, 
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 tolerance throughout 
the entire line of (191 11) [deg]C. If you sample from raw 
exhaust, you may connect an unheated, insulated transfer line 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.
    (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 sampling. 
You may use the following sample-conditioning components to prepare 
gaseous samples for analysis, as long you do not install or use them in 
a way that adversely affects your ability to show that your engines 
comply with all applicable gaseous 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, 
sample bag, or other storage medium.
    (2) Sample dryer. You may use either type of sample dryer described 
in this paragraph (d)(2) to decrease the effects of water on gaseous 
emission measurements. You may not use a chemical dryer, or used dryers 
upstream of PM sample filters.
    (i) Osmotic-membrane. You may use an osmotic-membrane dryer 
upstream of any gaseous 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, ptotal, downstream of an osmotic-membrane dryer. You may use 
continuously recorded values of Tdew and ptotal 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 ptotal, 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 gas 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, ptotal, downstream 
of a thermal chiller. You may use continuously recorded values of Tdew 
and ptotal 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 high alarm setpoints as constant 
values in the amount of water calculations specified in Sec.  1065.645. 
You may also use a nominal ptotal, which you may estimate as the 
dryer's lowest absolute pressure expected during testing. If it is 
valid to assume 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

[[Page 40530]]

Sec.  1065.645. If it is valid to assume that Tchiller is equal to 
Tdew, you may use Tchiller in lieu of Tdew according to Sec.  1065.645. 
If we ask for it, you must show by engineering analysis or by data the 
validity of any assumptions allowed by this paragraph (d)(2)(ii).
    (3) Sample pumps. You may use sample pumps upstream of an analyzer 
or storage medium for any gas. Use sample pumps with inside surfaces of 
300 series stainless steel, PTFE, or any other material that you 
demonstrate has better properties for emission sampling. For some 
sample pumps, you must control temperatures, as follows:
    (i) If you use a NOX sample pump upstream of either an 
NO2-to-NO converter that meets Sec.  1065.378 or a chiller 
that meets Sec.  1065.376, it must be 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, 
if you use a THC sample pump upstream of a THC analyzer or storage 
medium, its inner surfaces must be heated to a tolerance of (191 11) [deg]C.
    (e) Optional sample-conditioning components for PM sampling. You 
may use the following sample-conditioning components to prepare PM 
samples for analysis, as long you do not install or use them in a way 
that adversely affects your ability to show that your engines comply 
with the applicable PM emission standards. You may condition PM samples 
to minimize positive and negative biases to PM results, as follows:
    (1) PM preclassifier. 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 for which 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. 
You may not use this preclassifier if you use a PM probe that already 
has a preclassifier. For example, if you use a hat-shaped preclassifier 
that is located immediately upstream of the probe in such a way that it 
forces the sample flow to change direction before entering the probe, 
you may not use any other preclassifier in your PM sampling system.
    (2) Other components. 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 from the 
diluted exhaust stream. 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. Make sure continuous sampling systems 
meet the specifications in Sec.  1065.145. Make sure continuous 
analyzers meet the specifications in subparts C and D of this part.


Sec.  1065.170  Batch sampling for gaseous and PM constituents.

    Batch sampling involves collecting and storing emissions for later 
analysis. Examples of batch sampling include collecting and storing 
gaseous emissions in a bag and collecting and storing PM on a filter. 
You may use batch sampling to store emissions that have been diluted at 
least once in some way, such as with CVS, PFD, or BMD. You may use 
batch-sampling to store undiluted emissions only if we approve it as an 
alternate 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 
change measured emission levels (either up or down). For example, do 
not use sample bags for storing emissions if the bags are permeable 
with respect to emissions or if they off-gas emissions. As another 
example, do not use PM filters that irreversibly absorb or adsorb 
gases.
    (b) Gaseous sample storage media. Store gas volumes in sufficiently 
clean containers that minimally off-gas or allow permeation of gases. 
Use good engineering judgment to determine acceptable thresholds of 
storage media cleanliness and permeation. To clean a container, you may 
repeatedly purge and evacuate a container and you may heat it. Use a 
flexible container (such as a bag) within a temperature-controlled 
environment, or use a temperature controlled rigid container that is 
initially evacuated or has a volume that can be displaced, such as a 
piston and cylinder arrangement. Use containers meeting the 
specifications in the following table, noting that you may request to 
use other container materials under Sec.  1065.10:

 Table 1 of Sec.   1065.170.--Gaseous Batch Sampling Container Materials
------------------------------------------------------------------------
                                                 Engines
                               -----------------------------------------
                                 Compression-ignition,
           Emissions               two-stroke spark         All other
                                  ignition, 4-stroke         engines
                                 spark-ignition <19 kW
------------------------------------------------------------------------
CO, CO2, O2, CH4, C2H6, C3H8,   TedlarTM,\2\            TedlarTM,\2\
 NO, NO2 \1\.                    KynarTM,\2\             KynarTM,\2\
                                 TeflonTM,\3\ or 300     TeflonTM,\3\ or
                                 series stainless        300 series
                                 steel \3\.              stainless
                                                         steel\3\
THC, NMHC.....................  TeflonTM \4\ or 300     TedlarTM,\2\
                                 series stainless        KynarTM,\2\
                                 steel \4\.              TeflonTM,\3\ or
                                                         300 series
                                                         stainless steel
                                                         \3\
------------------------------------------------------------------------
\1\ As long as you prevent aqueous condensation in storage container.
\2\ Up to 40 [deg]C.
\3\ Up to 202 [deg]C.
\4\ At (191 11) [deg]C.

    (c) PM sample media. Apply the following methods for sampling 
particulate emissions:
    (1) If you use filter-based sampling media to extract and store PM 
for measurement, your procedure must meet the following specifications:
    (i) If you expect that a filter's total surface concentration of PM 
will exceed

[[Page 40531]]

0.473 mm/mm\2\ for a given test interval, you may use filter media with 
a minimum initial collection efficiency of 98%; otherwise you must use 
a filter media with a minimum initial collection efficiency of 99.7%. 
Collection efficiency must be measured as described in ASTM D 2986-95a 
(incorporated by reference in Sec.  1065.1010), though you may rely on 
the sample-media manufacturer's measurements reflected in their product 
ratings to show that you meet applicable requirements.
    (ii) The filter must be circular, with an overall diameter 
of46.50 0.6 mm and an exposed diameter of at least 38 mm. 
See the cassette specifications in paragraph (c)(1)(vi) of this 
section.
    (iii) We highly recommend that you use a pure PTFE filter material 
that does not have any flow-through support bonded to the back and has 
an overall thickness of 40 20 [mu]m. 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) and PTFE inert materials for a support ring, 
but other inert materials may be used. See the cassette specifications 
in paragraph (c)(1)(v) of this section. We allow the use of PTFE-coated 
glass fiber filter material, as long as this filter media selection 
does not affect your ability to demonstrate compliance with the 
applicable standards, which we base on a pure PTFE filter material. 
Note that we will use pure PTFE filter material for compliance testing, 
and we may require you to use pure PTFE filter material for any 
compliance testing we require, such as for selective enforcement 
audits.
    (iv) You may request to use other filter materials or sizes under 
the provisions of Sec.  1065.10.
    (v) 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.
    (vi) 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.
    (vii) Use a clean cassette designed to the specifications of Figure 
1 of Sec.  1065.170 and made of any of the following materials: 
Delrin\TM\, 300 series stainless steel, polycarbonate, acrylonitrile-
butadiene-styrene (ABS) resin, or conductive polypropylene. We 
recommend that you keep filter cassettes clean by periodically washing 
or wiping them with a compatible solvent applied using a lint-free 
cloth. Depending upon your cassette material, ethanol 
(C2H5OH) might be an acceptable solvent. Your 
cleaning frequency will depend on your engine's PM and HC emissions.
    (viii) 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 substrate that collects PM using electrostatic, 
thermophoresis, inertia, diffusion, or some other deposition mechanism, 
as approved.

BILLING CODE 6560-50-P

[[Page 40532]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.014

BILLING CODE 6560-50-C


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

    (a) This section describes the two environments required to 
stabilize and weigh PM for gravimetric analysis: the PM stabilization 
environment, where filters are stored before weighing; and the weighing 
environment, where the balance is located. The two environments may 
share a common space. These volumes may be one or more rooms, or they 
may be much smaller, such as a glove box or an automated weighing 
system consisting of one or more countertop-sized environments.
    (b) We recommend that you keep both the stabilization and the 
weighing environments free of ambient contaminants, such as dust, 
aerosols, or semi-volatile material that could contaminate PM samples. 
We recommend that these environments conform with an ``as-built'' Class 
Six clean room specification according to 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 weighing. We recommend maximum air-supply and

[[Page 40533]]

air-return velocities of 0.05 m/s in the weighing environment.
    (c) Verify the cleanliness of the PM-stabilization environment 
using reference filters, as described in Sec.  1065.390(b).
    (d) Maintain the following ambient conditions within the two 
environments during all stabilization and weighing:
    (1) Ambient temperature and tolerances. Maintain the weighing 
environment at a tolerance of (22 1) [deg]C. If the two 
environments share a common space, maintain both environments at a 
tolerance of (22 1) [deg]C. If they are separate, maintain 
the stabilization environment at a tolerance of (22 3) 
[deg]C.
    (2) Dewpoint. Maintain a dewpoint of 9.5 [deg]C in both 
environments. This 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.
    (3) Dewpoint tolerances. If the expected fraction of sulfuric acid 
in PM is unknown, we recommend controlling dewpoint at within 1 [deg]C tolerance. 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
----------------------------------------------------------------------------------------------------------------
 Expected sulfuric acid fraction of PM    0.5% PM      1.0% PM      2.0% PM
               (percent)                      mass change              mass change              mass change
----------------------------------------------------------------------------------------------------------------
5.....................................  3.0 [deg]C.  6.0 [deg]C.  12 [deg]C
50....................................  0.30 [deg]C  0.60 [deg]C  1.2 [deg]C
100...................................  0.15 [deg]C  0.30 [deg]C  0.60
                                                                                           [deg]C
----------------------------------------------------------------------------------------------------------------

    (e) Verify 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 stabilization and weighing 
environments have remained within the tolerances specified in paragraph 
(d) of this section for at least the past 60 min. 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 60 min.
    (2) Continuously measure atmospheric pressure within the weighing 
environment. You may use a shared atmospheric pressure meter as long as 
you can show that your equipment for handling the weighing environment 
air maintains ambient pressure at the balance within 100 Pa 
of the shared atmospheric pressure. Provide a means to record the most 
recent atmospheric pressure when you weigh each PM sample. Use this 
value to calculate the PM buoyancy correction in Sec.  1065.690.
    (f) 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.
    (g) 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 corona-discharge 
ionizers. 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.
    (6) We recommend that you neutralize PM sample media to within 
2.0 V of neutral.


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 1.0 [deg]C of the selected nominal value.
    (2) Dewpoint. Select a dewpoint, Tdew, that corresponds to Tamb 
such that Tdew = (0.95Tamb-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  
1.0 [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 Table 1 of Sec.  1065.190 as a guide:
    (4) Absolute pressure. Maintain an absolute pressure of (80.000 to 
103.325) kPa. Use good engineering judgment to

[[Page 40534]]

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 PM-stabilization environment 
specifications in subpart C of this part. Use these values to determine 
if the in-situ 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 
(\210\Po) source or a Krypton (\85\Kr) 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.

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 in a 
laboratory and in the field. This includes laboratory instruments and 
portable emission measurement systems (PEMS) 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 
may 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. This 
requirements applies whether or not you actually use the measurements 
in your calculations.
    (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) Related subparts for laboratory testing. Subpart D of this part 
describes how to evaluate the performance of the measurement 
instruments in this subpart. In general, if an instrument is specified 
in a specific section of this subpart, its calibration and 
verifications are typically specified in a similarly numbered section 
in subpart D of this part. For example, Sec.  1065.290 gives instrument 
specifications for PM balances and Sec.  1065.390 describes the 
corresponding calibrations and verifications. Note that some 
instruments also have other requirements in other sections of subpart D 
of this part. Subpart B of this part identifies specifications for 
other types of equipment, and subpart H of this part specifies engine 
fluids and analytical gases.
    (g) Field testing and testing with PEMS. Subpart J of this part 
describes how to use these and other measurement instruments for field 
testing and other PEMS testing.


Sec.  1065.202  Data updating, recording, and control.

    Your test system must be able to update data, 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:

                    Table of Sec.   1065.202.--Data Recording and Control Minimum Frequencies
----------------------------------------------------------------------------------------------------------------
                                                                    Minimum command and      Minimum recording
  Applicable test protocol section         Measured values           control frequency           frequency
----------------------------------------------------------------------------------------------------------------
Sec.   1065.510....................  Speed and torque during an   1 Hz..................  1 mean value per step.
                                      engine step-map.
Sec.   1065.510....................  Speed and torque during an   5 Hz..................  1 Hz means.
                                      engine sweep-map.
Sec.   1065.514, Sec.   1065.530...  Transient duty cycle         5 Hz..................  1 Hz means.
                                      reference and feedback
                                      speeds and torques.
Sec.   1065.514, Sec.   1065.530...  Steady-state and ramped-     1 Hz..................  1 Hz.
                                      modal duty cycle reference
                                      and feedback speeds and
                                      torques.
Sec.   1065.520, Sec.   1065.530,    Continuous concentrations    N/A...................  1 Hz.
 Sec.   1065.550.                     of raw or dilute analyzers.
Sec.   1065.520, Sec.   1065.530,    Batch concentrations of raw  N/A...................  1 mean value per test
 Sec.   1065.550.                     or dilute analyzers.                                 interval.
Sec.   1065.530, Sec.   1065.545...  Diluted exhaust flow rate    N/A...................  1 Hz.
                                      from a CVS with a heat
                                      exchanger upstream of the
                                      flow measurement.
Sec.   1065.530, Sec.   1065.545...  Diluted exhaust flow rate    5 Hz..................  1 Hz means.
                                      from a CVS without a heat
                                      exchanger upstream of the
                                      flow measurement.

[[Page 40535]]

 
Sec.   1065.530, Sec.   1065.545...  Intake-air or raw-exhaust    N/A...................  1 Hz means.
                                      flow rate.
Sec.   1065.530, Sec.   1065.545...  Dilution air if actively     5 Hz..................  1 Hz means.
                                      controlled.
Sec.   1065.530....................  Sample flow from a CVS that  1 Hz..................  1 Hz.
                                      has a heat exchanger.
Sec.   1065.530, Sec.   1065.545...  Sample flow from a CVS does  5 Hz..................  1 Hz mean.
                                      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, verifications, and test-validation criteria specified in 
subparts D and F of this part or subpart J of this part for using PEMS 
and for performing field testing. We recommend that your instruments 
meet the specifications in Table 1 of this section for all ranges you 
use for testing. We also recommend that you keep any documentation you 
receive from instrument manufacturers showing that your instruments 
meet the specifications in Table 1 of this section.


[[Page 40536]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.020

Measurement of Engine Parameters and Ambient Conditions


Sec.  1065.210  Work input and output sensors.

    (a) Application. Use instruments as specified in this section to 
measure work inputs and outputs during engine operation. We recommend 
that you use sensors, transducers, and meters that meet the 
specifications in Table 1 of Sec.  1065.205. Note that your overall 
systems for measuring work inputs and outputs must meet the linearity 
verifications in Sec.  1065.307. We recommend that you measure work 
inputs and outputs where they cross the system boundary as shown in 
Figure 1 of this section. The system boundary is different for air-
cooled engines than for liquid-cooled engines. If you choose to measure 
work before or after a work conversion, relative to the system 
boundary, use good engineering judgment to estimate any work-conversion 
losses in a way that avoids overestimation of total work. For example, 
if it is impractical to instrument the shaft of an exhaust turbine 
generating electrical work, you may decide to measure its converted 
electrical work. In this case, divide the electrical work by an 
accurate value of electrical generator efficiency ([eta]<1), or

[[Page 40537]]

assume an efficiency of 1 ([eta]=1), which would over-estimate brake-
specific emissions. Do not underestimate the generator's efficiency 
because this would result in an under-estimation of brake-specific 
emissions. In all cases, ensure that you are able to accurately 
demonstrate compliance with the applicable standards.

BILLING CODE 6560-50-P

[[Page 40538]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.015



[[Page 40539]]


    (b) Shaft work. Use speed and torque transducer outputs to 
calculate total work according to Sec.  1065.650.
    (1) Speed. Use a magnetic or optical shaft-position detector with a 
resolution of at least 60 counts per revolution, in combination with a 
frequency counter that rejects common-mode noise.
    (2) 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:
    (i) Measure torque by mounting a strain gage or similar instrument 
in-line between the engine and dynamometer.
    (ii) Measure torque by mounting a strain gage or similar instrument 
on a lever arm connected to the dynamometer housing.
    (iii) Calculate torque from internal dynamometer signals, such as 
armature current, as long as you calibrate this measurement as 
described in Sec.  1065.310.
    (c) Electrical work. Use a watt-hour meter output to calculate 
total work according to Sec.  1065.650. Use a watt-hour meter that 
outputs active power (kW). Watt-hour meters typically combine a 
Wheatstone bridge voltmeter and a Hall-effect clamp-on ammeter into a 
single microprocessor-based instrument that analyzes and outputs 
several parameters, such as alternating or direct current voltage (V), 
current (A), power factor (pf), apparent power (VA), reactive power 
(VAR), and active power (W).
    (d) Pump, compressor or turbine work. Use pressure transducer and 
flow-meter outputs to calculate total work according to Sec.  1065.650. 
For flow meters, see Sec.  1065.220 through Sec.  1065.248.


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, temperature sensors, 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 verifications in Sec.  1065.315.
    (c) Temperature. For PM-balance environments or other precision 
temperature measurements over a narrow temperature range, 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 be located in a 
temperature-controlled environment, or they must compensate for 
temperature changes over their expected operating range. Transducer 
materials must be compatible with the fluid being measured. For 
atmospheric pressure or other precision pressure measurements, we 
recommend either capacitance-type, quartz crystal, or laser-
interferometer transducers. For other applications, we recommend either 
strain gage 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 fuel flow meter signal 
that does not give the actual value of raw exhaust, as long as it is 
linearly proportional to the exhaust molar 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 gas 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 verification in Sec.  1065.307 and 
the calibration and verifications 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 as 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 at least 10 pipe diameters) or by using 
specially designed tubing bends, straightening fins, or pneumatic 
pulsation dampeners to establish a steady and 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 an intake-air flow meter 
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 gas 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

[[Page 40540]]

averaging Pitot tube, or a hot-wire anemometer. Note that your overall 
system for measuring intake-air flow must meet the linearity 
verification 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 as 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 at least 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 raw exhaust flow meter 
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 gas 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 verification in Sec.  1065.307 and 
the calibration and verifications in Sec.  1065.330. Any raw-exhaust 
meter must be designed to appropriately compensate for changes in the 
raw exhaust's thermodynamic, fluid, and compositional states.
    (c) Flow conditioning. For any type of raw exhaust flow meter, 
condition the flow as 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 at least 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.
    (2) If cooling causes exhaust temperatures above 202 [deg]C to 
decrease to below 180 [deg]C, do not sample NMHC downstream of the 
cooling for compression-ignition engines, 2-stroke spark-ignition 
engines, and 4-stroke spark ignition engines below 19 kW.
    (3) If cooling causes aqueous condensation, do not sample 
NOX downstream of the cooling unless the cooler meets the 
performance verification in Sec.  1065.376.
    (4) If cooling causes aqueous condensation before the flow reaches 
a flow meter, measure dewpoint, Tdew and pressure, 
ptotal at the flow meter inlet. Use these values in emission 
calculations according to 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 verification in Sec.  1065.307 and the 
calibration and verifications 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) or multiple 
critical-flow venturis arranged in parallel, 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, a critical-flow 
venturi or multiple critical-flow venturis arranged in parallel, 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 as 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 at 
least 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 
raw-exhaust flow meter, as long as you observe all the following 
provisions:
    (1) Do not sample PM downstream of the cooling.
    (2) If cooling causes exhaust temperatures above 202 [deg]C to 
decrease to below 180 [deg]C, do not sample NMHC downstream of the 
cooling for compression-ignition engines, 2-stroke spark-ignition 
engines, and 4-stroke spark ignition engines below 19 kW.
    (3) If cooling causes aqueous condensation, do not sample 
NOX downstream of the cooling unless the cooler meets the 
performance verification in Sec.  1065.376.
    (4) If cooling causes aqueous condensation before the flow reaches 
a flow meter, measure dewpoint, Tdew and pressure, 
ptotal at the flow meter inlet. Use these values in emission 
calculations according to Sec.  1065.650.


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

[[Page 40541]]

Table 1 of Sec.  1065.205. This may involve a laminar flow element, an 
ultrasonic flow meter, a subsonic venturi, a critical-flow venturi or 
multiple critical-flow venturis arranged in parallel, 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 verification in Sec.  1065.307. For the 
special case where CFVs are used for both the diluted exhaust and 
sample-flow measurements and their upstream pressures and temperatures 
remain similar during testing, you do not have to quantify the flow 
rate of the sample-flow CFV. In this special case, the sample-flow CFV 
inherently flow-weights the batch sample relative to the diluted 
exhaust CFV.
    (c) Flow conditioning. For any type of sample flow meter, condition 
the flow as 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 at least 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 verification 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 
verifications in Sec.  1065.350 and Sec.  1065.355 and it must also 
meet the linearity verification in Sec.  1065.307. You may use an NDIR 
analyzer that has compensation algorithms that are functions of other 
gaseous measurements and the engine's known or assumed fuel properties. 
The target value for any compensation algorithm is 0.0% (that is, no 
bias high and no bias low), regardless of the uncompensated signal's 
bias.

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, 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, THCE, or 
CH4 must meet all of the verifications for hydrocarbon 
measurement in subpart D of this part, and it must also meet the 
linearity verification in Sec.  1065.307. You may use a FID that has 
compensation algorithms that are functions of other gaseous 
measurements and the engine's known or assumed fuel properties. The 
target value for any compensation algorithm is 0.0% (that is, no bias 
high and no bias low), regardless of the uncompensated signal's bias.
    (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 assume 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. 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 verification 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 humidify a sample and 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 
humidification and 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. 
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, and it must also meet the linearity verification in Sec.  
1065.307.

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. Measure other NOX species if required by the 
standard-setting part. While you may also use other instruments to 
measure NOX, as

[[Page 40542]]

described in Sec.  1065.272, 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 verification in Sec.  1065.370 
and it must also meet the linearity verification in Sec.  1065.307. You 
may use a heated or unheated CLD, and you may use a CLD that operates 
at atmospheric pressure or under a vacuum. You may use a CLD that has 
compensation algorithms that are functions of other gaseous 
measurements and the engine's known or assumed fuel properties. The 
target value for any compensation algorithm is 0.0% (that is, no bias 
high and no bias low), regardless of the uncompensated signal's bias.
    (c) NO2-to-NO converter. Place upstream of the CLD an internal or 
external NO2-to-NO converter that meets the verification in 
Sec.  1065.378. Configure the converter with a bypass to facilitate 
this verification.
    (d) Humidity effects. You must maintain all CLD temperatures to 
prevent aqueous condensation. To remove humidity from a sample upstream 
of a CLD, use one of the following configurations:
    (1) Connect a CLD downstream of any dryer or chiller that is 
downstream of an NO2-to-NO converter that meets the 
verification in Sec.  1065.378.
    (2) Connect a CLD downstream of any dryer or thermal chiller that 
meets the verification 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. 
Measure other NOX species if required by the standard-
setting part.
    (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 verifications in Sec.  
1065.372 and it must also meet the linearity verification in Sec.  
1065.307. You may use a NDUV analyzer that has compensation algorithms 
that are functions of other gaseous measurements and the engine's known 
or assumed fuel properties. The target value for any compensation 
algorithm is 0.0% (that is, no bias high and no bias low), regardless 
of the uncompensated signal's bias.
    (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 verification in Sec.  
1065.378. Configure the converter with a bypass to facilitate this 
verification.
    (d) Humidity effects. You must maintain NDUV temperature to prevent 
aqueous condensation, unless you use one of the following 
configurations:
    (1) Connect an NDUV downstream of any dryer or chiller that is 
downstream of an NO2-to-NO converter that meets the 
verification in Sec.  1065.378.
    (2) Connect an NDUV downstream of any dryer or thermal chiller that 
meets the verification in Sec.  1065.376.

O2 Measurements


Sec.  1065.280  Paramagnetic and magnetopneumatic O2 
detection analyzers.

    (a) Application. You may use a paramagnetic detection (PMD) or 
magnetopneumatic detection MPD) analyzer to measure O2 
concentration in raw or diluted exhaust for batch or continuous 
sampling. You may use O2 measurements with intake air or 
fuel flow measurements to calculate exhaust flow rate according to 
Sec.  1065.650.
    (b) Component requirements. We recommend that you use a PMD/MPD 
analyzer that meets the specifications in Table 1 of Sec.  1065.205. 
Note that it must meet the linearity verification in Sec.  1065.307. 
You may use a PMD/MPD that has compensation algorithms that are 
functions of other gaseous measurements and the engine's known or 
assumed fuel properties. The target value for any compensation 
algorithm is 0.0% (that is, no bias high and no bias low), regardless 
of the uncompensated signal's bias.

Air-to-Fuel Ratio Measurements


Sec.  1065.284  Zirconia (ZrO2) analyzer.

    (a) Application. You may use a zirconia (ZrO2) analyzer 
to measure air-to-fuel ratio in raw exhaust for continuous sampling. 
You may use O2 measurements with intake air or fuel flow 
measurements to calculate exhaust flow rate according to Sec.  
1065.650.
    (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 verification in Sec.  1065.307. You may use a Zirconia 
analyzer that has compensation algorithms that are functions of other 
gaseous measurements and the engine's known or assumed fuel properties. 
The target value for any compensation algorithm is 0.0% (that is, no 
bias high and no bias low), regardless of the uncompensated signal's 
bias.

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 verification in Sec.  
1065.307. If the balance uses internal calibration weights for routine 
spanning and linearity verifications, 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) Pan design. We recommend that you 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.
    (d) 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 verification in Sec.  
1065.307. If the balance uses an internal calibration process for 
routine spanning and linearity verifications, the process must be NIST-
traceable. You may use an inertial PM balance that has compensation 
algorithms that are functions of other gaseous measurements and the 
engine's known or assumed fuel properties. The target value for any 
compensation algorithm is 0.0% (that is, no bias high

[[Page 40543]]

and no bias low), regardless of the uncompensated signal's bias.

Subpart D--Calibrations and Verifications


Sec.  1065.301  Overview and general provisions.

    (a) This subpart describes required and recommended calibrations 
and verifications of measurement systems. See subpart C of this part 
for specifications that apply to individual instruments.
    (b) You must generally use complete measurement systems when 
performing calibrations or verifications in this subpart. 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 
verifications, 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 verification for a 
portion of a measurement system, calibrate that portion of your system 
and verify 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 verifications. Where we specify the need to use NIST-
traceable standards, you may alternatively ask for our approval to use 
international standards that are not NIST-traceable.


Sec.  1065.303  Summary of required calibration and verifications.

    The following table summarizes the required and recommended 
calibrations and verifications described in this subpart and indicates 
when these have to be performed:

    Table 1 of Sec.   1065.303.--Summary of Required Calibration and
                              Verifications
------------------------------------------------------------------------
    Type of calibration or
         verification                     Minimum frequency a
------------------------------------------------------------------------
Sec.   1065.305: accuracy,     Accuracy: Not required, but recommended
 repeatability and noise.       for initial installation.
                               Repeatability: Not required, but
                                recommended for initial installation.
                               Noise: Not required, but recommended for
                                initial installation.
Sec.   1065.307: linearity...  Speed: Upon initial installation, within
                                370 days before testing and after major
                                maintenance.
                               Torque: Upon initial installation, within
                                370 days before testing and after major
                                maintenance.
                               Electrical power: Upon initial
                                installation, within 370 days before
                                testing and after major maintenance.
                               Clean gas and diluted exhaust flows: Upon
                                initial installation, within 370 days
                                before testing and after major
                                maintenance, unless flow is verified by
                                propane check or by carbon or oxygen
                                balance.
                               Raw exhaust flow: Upon initial
                                installation, within 185 days before
                                testing and after major maintenance,
                                unless flow is verified by propane check
                                or by carbon or oxygen balance.
                               Gas analyzers: Upon initial installation,
                                within 35 days before testing and after
                                major maintenance.
                               PM balance: Upon initial installation,
                                within 370 days before testing and after
                                major maintenance.
                               Stand-alone pressure and temperature:
                                Upon initial installation, within 370
                                days before testing and after major
                                maintenance.
Sec.   1065.308: Continuous    Upon initial installation, after system
 analyzer system response and   reconfiguration, and after major
 recording.                     maintenance.
Sec.   1065.309: Continuous    Upon initial installation, after system
 analyzer uniform response.     reconfiguration, and after major
                                maintenance.
Sec.   1065.310: torque......  Upon initial installation and after major
                                maintenance.
Sec.   1065.315: pressure,     Upon initial installation and after major
 temperature, dewpoint.         maintenance.
Sec.   1065.320: fuel flow...  Upon initial installation and after major
                                maintenance.
Sec.   1065.325: intake flow.  Upon initial installation and after major
                                maintenance.
Sec.   1065.330: exhaust flow  Upon initial installation and after major
                                maintenance.
Sec.   1065.340: diluted       Upon initial installation and after major
 exhaust flow (CVS).            maintenance.
Sec.   1065.341: CVS and       Upon initial installation, within 35 days
 batch sampler verification.    before testing, and after major
                                maintenance.
Sec.   1065.345: vacuum leak.  Before each laboratory test according to
                                subpart F of this part and before each
                                field test according to subpart J of
                                this part.
Sec.   1065.350: CO2 NDIRH2O   Upon initial installation and after major
 interference.                  maintenance.
Sec.   1065.355: CO NDIRCO2    Upon initial installation and after major
 and H2Ointerference.           maintenance.
Sec.   1065.360: FID           Calibrate, optimize, and determine CH4
 optimization, etc..            response: upon initial installation and
                                after major maintenance.
                               Verify CH4 response: upon initial
                                installation, within 185 days before
                                testing, and after major maintenance.
Sec.   1065.362: raw           Upon initial installation, after FID
 exhaustFID O2 interference.    optimization according to Sec.
                                1065.360, and after major maintenance.
Sec.   1065.365:nonmethane     Upon initial installation, within 185
 cutter penetration.            days before testing, and after major
                                maintenance.
Sec.   1065.370: CLD CO2 and   Upon initial installation and after major
 H2O quench.                    maintenance.
Sec.   1065.372: NDUV HC and   Upon initial installation and after major
 H2O interference.              maintenance.
Sec.   1065.376: chiller NO2   Upon initial installation and after major
 penetration.                   maintenance.
Sec.   1065.378: NO2-to-NO     Upon initial installation, within 35 days
 converter conversion.          before testing, and after major
                                maintenance.
Sec.   1065.390: PM balance    Independent verification: upon initial
 and weighing.                  installation, within 370 days before
                                testing, and after major maintenance.
                               Zero, span, and reference sample
                                verifications: within 12 hours of
                                weighing, and after major maintenance.
Sec.   1065.395: Inertial PM   Independent verification: upon initial
 balance and weighing.          installation, within 370 days before
                                testing, and after major maintenance.

[[Page 40544]]

 
                               Other verifications: upon initial
                                installation and after major
                                maintenance.
------------------------------------------------------------------------
\a\ Perform calibrations and verifications more frequently, according to
  measurement system manufacturer instructions and good engineering
  judgment.

Sec.  1065.305  Verifications 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 verify instrument accuracy, 
repeatability, or noise.
    However, it may be useful to consider these verifications 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) In this section we use the letter ``y'' to denote a generic 
measured quantity, the superscript over-bar to denote an arithmetic 
mean (such as y), and the subscript ``ref'' to denote the 
reference quantity being measured.
    (d) Conduct these verifications 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 as you would before an emission test 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 gas 
analyzers, use a zero gas that meets the specifications of Sec.  
1065.750.
    (3) Span the instrument as you would before an emission test 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 gas 
analyzers, use a span gas that meets the specifications of Sec.  
1065.750.
    (4) Use the instrument to quantify a NIST-traceable reference 
quantity, yref . For gas analyzers the reference gas must 
meet the specifications of Sec.  1065.750. Select a reference quantity 
near the mean value expected during testing. For all gas analyzers, use 
a quantity near the flow-weighted mean concentration expected at the 
standard or expected during testing, whichever is greater. For a noise 
verfication, 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 and record values for 30 seconds, record the arithmetic 
mean, yi, and record the standard deviation, 
[sigma]i, of the recorded values. Refer to Sec.  1065.602 
for an example of calculating arithmetic mean and standard deviation.
    (6) Also, if the reference quantity is not absolutely constant, 
which might be the case with a reference flow, sample and record values 
of yrefi for 30 seconds and record the arithmetic mean of 
the values, yref. Refer to Sec.  1065.602 for an example of 
calculating arithmetic mean.
    (7) Subtract the reference value, yref (or 
yref), from the arithmetic mean, yi. Record this 
value as the error, [egr]i.
    (8) Repeat the steps specified in paragraphs (d)(2) through (6) of 
this section until you have ten arithmetic means (y1, 
y2, yi, * * * y10), ten standard 
deviations, ([sigma]1, [sigma]2, 
[sigma]i,* * *[sigma]10), and ten errors 
([egr]1, [egr]2, [egr]i, * * * 
[egr]10).
    (9) Use the following values to quantify your measurements:
    (i) Accuracy. Instrument accuracy is the absolute difference 
between the reference quantity, yref (or yref), 
and the arithmetic mean of the ten yi, y values. Refer to 
the example of an accuracy calculation in Sec.  1065.602. We recommend 
that instrument accuracy be within the specifications in Table 1 of 
Sec.  1065.205.
    (ii) Repeatability. Repeatability is two times the standard 
deviation of the ten errors (that is, repeatability = 2 [middot] 
[sigma][egr]). Refer to the example of a standard-deviation calculation 
in Sec.  1065.602. We recommend that instrument repeatability be within 
the specifications in Table 1 of Sec.  1065.205.
    (iii) Noise. Noise is two times the root-mean-square of the ten 
standard deviations (that is, noise = 2 [middot] rms[sigma]) when the 
reference signal is a zero-quantity signal. Refer to the example of a 
root-mean-square 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.
    (10) 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 the following criteria:
    (i) Your measurement systems meet all the other required 
calibration, verification, and validation specifications in subparts D, 
F, and J of this part, as applicable.
    (ii) The measurement deficiency does not adversely affect your 
ability to demonstrate compliance with the applicable standards.


Sec.  1065.307  Linearity verification.

    (a) Scope and frequency. Perform a linearity verification on each 
measurement system listed in Table 1 of this section at least as 
frequently as indicated in the table, consistent with measurement 
system manufacturer recommendations and good engineering judgment. Note 
that this linearity verification may replace requirements we previously 
referred to as ``calibrations''. The intent of a linearity verification 
is to determine that a measurement system responds proportionally over 
the measurement range of interest. A linearity verification generally 
consists of introducing a series of at least 10 reference values to a 
measurement system. The measurement system quantifies each reference 
value. The measured values are then collectively compared to the 
reference values by using a least squares linear regression and the 
linearity criteria specified in Table 1 of this section.
    (b) Performance requirements. If a measurement system does not meet 
the applicable linearity criteria in Table 1 of this section, 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 demonstrate to us that the deficiency does 
not adversely affect your ability to demonstrate compliance with the 
applicable standards.
    (c) Procedure. Use the following linearity verification protocol, 
or use good engineering judgment to develop a different protocol that 
satisfies the

[[Page 40545]]

intent of this section, as described in paragraph (a) of this section:
    (1) In this paragraph (c), we use the letter ``y'' to denote a 
generic measured quantity, the superscript over-bar to denote an 
arithmetic mean (such as 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 as you would before an emission test 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 gas 
analyzers, use a zero gas that meets the specifications of Sec.  
1065.750 and introduce it directly at the analyzer port.
    (4) Span the instrument as you would before an emission test 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 gas 
analyzers, use a span gas that meets the specifications of Sec.  
1065.750 and introduce it directly at the analyzer port.
    (5) After spanning the instrument, check zero with the same signal 
you used in paragraph (c)(3) of this section. Based on the zero 
reading, use good engineering judgment to determine whether or not to 
rezero and or re-span the instrument before proceeding to the next 
step.
    (6) Use instrument manufacturer recommendations and good 
engineering judgment to select at least 10 reference values, 
yrefi, that are within the range from zero to the highest 
values expected during emission testing. We recommend selecting a zero 
reference signal as one of the reference values of the linearity 
verification.
    (7) Use instrument manufacturer recommendations and good 
engineering judgment to select the order in which you will introduce 
the series of reference values. For example you may select the 
reference values randomly to avoid correlation with previous 
measurements, you may select reference values in ascending or 
descending order to avoid long settling times of reference signals, or 
as another example you may select values to ascend and then descend 
which might incorporate the effects of any instrument hysteresis into 
the linearity verification.
    (8) Generate reference quantities as described in paragraph (d) of 
this section. For gas analyzers, use gas concentrations known to be 
within the specifications of Sec.  1065.750 and introduce them directly 
at the analyzer port.
    (9) Introduce a reference signal to the measurement instrument.
    (10) 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.
    (11) At a recording frequency of at least f Hz, specified in Table 
1 of Sec.  1065.205, measure the reference value for 30 seconds and 
record the arithmetic mean of the recorded values, yi. Refer 
to Sec.  1065.602 for an example of calculating an arithmetic mean.
    (12) Repeat steps in paragraphs (c)(9) through (11) of this section 
until all reference quantities are measured.
    (13) Use the arithmetic means yi, and reference values, 
yrefi , to calculate least-squares linear regression 
parameters and statistical values to compare to the minimum performance 
criteria specified in Table 1 of this section. Use the calculations 
described in Sec.  1065.602.
    (d) Reference signals. This paragraph (d) describes recommended 
methods for generating reference values for the linearity-verification 
protocol in paragraph (c) 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 NIST-
traceable. We recommend using calibration reference quantities that are 
NIST-traceable within 0.5% uncertainty, if not specified otherwise in 
other sections of this part 1065. Use the following recommended methods 
to generate reference values or use good engineering judgment to select 
a different reference:
    (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. You may instead use 
the engine or dynamometer itself to generate a nominal torque that is 
measured by a reference load cell or proving ring 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 verification in 
this section.
    (3) Electrical work. Use a controlled source of current and a watt-
hour standard reference meter. Complete calibration systems that 
contain a current source and a reference watt-hour meter are commonly 
used in the electrical power distribution industry and are therefore 
commercially available.
    (4) Fuel rate. Operate the engine at a series of constant fuel-flow 
rates or re-circulate fuel back to a tank through the fuel flow meter 
at different 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 or timer 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.
    (5) 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, diverter valve, a 
variable-speed blower or a variable-speed pump to control the range of 
flow rates. Use the reference meter's response as the reference values.
    (i) Reference flow meters. 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. Make sure the reference meter is calibrated by the flow-meter 
manufacturer and its calibration is NIST-traceable. If you use the 
difference of two flow measurements to determine a net flow rate, you 
may use one of the measurements as a reference for the other.
    (ii) Reference flow values. Because the reference flow is not 
absolutely constant, sample and record values of nrefi for 
30 seconds and use the arithmetic mean of the values, nref, 
as the reference value. Refer to Sec.  1065.602 for an example of 
calculating arithmetic mean.
    (6) Gas division. Use one of the two reference signals: (i) At the 
outlet of the gas-division system, connect a gas analyzer that meets 
the linearity

[[Page 40546]]

verification described in this section and has not been linearized with 
the gas divider being verified. For example, verify the linearity of an 
analyzer using a series of reference analytical gases directly from 
compressed gas cylinders that meet the specifications of Sec.  
1065.750. We recommend using a FID analyzer or a PMD/MPD O2 
analyzer because of their inherent linearity. Operate this analyzer 
consistent with how you would operate it during an emission test. 
Connect a span gas to the gas-divider inlet. 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 analyzer response divided by the span gas 
concentration as the reference gas-division value. Because the 
instrument response is not absolutely constant, sample and record 
values of xrefi for 30 seconds and use the arithmetic mean 
of the values xrefi, as the reference value. Refer to Sec.  
1065.602 for an example of calculating arithmetic mean.
    (ii) Using good engineering judgment and gas divider manufacturer 
recommendations, use one or more reference flow meters to verify the 
measured flow rates of the gas divider.
    (7) 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.

[[Page 40547]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.021

Sec.  1065.308  Continuous gas analyzer system-response and updating-
recording verification.

    (a) Scope and frequency. Perform this verification after installing 
or replacing a gas analyzer that you use for continuous sampling. Also 
perform this verification if you reconfigure your system in a way that 
would change system response. For example, perform this verification if 
you add a significant volume to the transfer lines by increasing their 
length or adding a filter; or if you change the frequency at which you 
sample and record gas-analyzer concentrations.
    (b) Measurement principles. This test verifies that the updating 
and recording frequencies match the overall system response to a rapid 
change in the value of concentrations at the sample probe. Gas analyzer 
systems must be optimized such that their overall response to a rapid 
change in concentration is updated and recorded at an appropriate 
frequency to prevent loss of information.
    (c) System requirements. To demonstrate acceptable updating and 
recording with respect to the system's overall response, use good 
engineering judgment to select one of the following criteria that your 
system must meet:
    (1) The product of the mean rise time and the frequency at which 
the system records an updated concentration must be at least 5, and the 
product of the mean fall time and the frequency at

[[Page 40548]]

which the system records an updated concentration must be at least 5. 
This criteria makes no assumption regarding the frequency content of 
changes in emission concentrations during emission testing; therefore, 
it is valid for any testing.
    (2) The frequency at which the system records an updated 
concentration must be at least 5 Hz. This criteria assumes that the 
frequency content of significant changes in emission concentrations 
during emission testing do not exceed 1 Hz.
    (3) You may use other criteria if we approve the criteria in 
advance.
    (4) For PEMS, you do not have to meet this criteria if your PEMS 
meets the overall PEMS check in Sec.  1065.920.
    (d) Procedure. Use the following procedure to verify the response 
of a continuous gas analyzer system:
    (1) Instrument setup. Follow the analyzer system manufacturer's 
start-up and operating instructions. Adjust the system as needed to 
optimize performance.
    (2) Equipment setup. Using minimal gas transfer line lengths 
between all connections, connect a zero-air source to one inlet of a 
fast-acting 3-way valve (2 inlets, 1 outlet). Using a gas divider, 
equally blend an NO-CO-CO2-C3H8-
CH4 (balance N2) span gas with a span gas of 
NO2. Connect the gas divider outlet to the other inlet of 
the 3-way valve. Connect the valve outlet to an overflow at the gas 
analyzer system's probe or to an overflow fitting between the probe and 
transfer line to all the analyzers being verified.
    (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 used during emission 
testing. Each recorded value must be a unique updated concentration 
measured by the analyzer; you may not use interpolation to increase the 
number of recorded values.
    (iv) Switch the valve to flow the blended span gases.
    (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.
    (e) Performance evaluation. (1) If you chose to demonstrate 
compliance with paragraph
    (c)(1) of this section, use the data from paragraph (d)(3) of this 
section to calculate the mean rise time, T10-90, and mean 
fall time, T90-10, for each of the analyzers. Multiply these 
times (in seconds) by their respective recording frequencies in Hertz 
(1/second). 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 fall time 
as needed. You may also configure digital filters to increase rise and 
fall times.
    (2) If a measurement system fails the criterion in paragraph (e)(1) 
of this section, ensure that signals from the system are updated and 
recorded at a frequency of at least 5 Hz.
    (3) If a measurement system fails the criteria in paragraphs (e)(1) 
and (2) of this section, you may use the continuous analyzer system 
only if the deficiency does not adversely affect your ability to show 
compliance with the applicable standards.


Sec.  1065.309  Continuous gas analyzer uniform response verification.

    (a) Scope and frequency. If you use more than one continuous gas 
analyzer to quantify a gaseous constituent, you must perform this 
verification. For example, if you determine NMHC as the difference 
between continuous THC and CH4 measurements, you must 
perform this verification on your NMHC measurement system. As another 
example if you determine NOX as the sum of separate 
continuous measurements of NO and NO2, you must perform this 
verification on your NOX measurement system. Also, you must 
perform this verification if you use one continuous analyzer to apply 
an interference compensation algorithm to another continuous gas 
analyzer. Perform this verification after initial installation or major 
maintenance. Also perform this verification if you reconfigure your 
system in a way that would change system response. For example, perform 
this verification if you add a significant volume to the transfer lines 
by increasing their length or by adding a filter; or if you change the 
frequency at which you sample and record gas-analyzer concentrations.
    (b) Measurement principles. This procedure verifies the time-
alignment and uniform response of combined continuous gas measurements.
    (c) System requirements. Demonstrate that combined continuous 
concentration measurements have a uniform rise and fall during a 
simultaneous to a step change in both concentrations. During a system 
response to a rapid change in multiple gas concentrations, demonstrate 
that the t50 times of all combined analyzers all occur at 
the same recorded second of data or between the same two recorded 
seconds of data.
    (d) Procedure. Use the following procedure to verify the response 
of a continuous gas analyzer system:
    (1) Instrument setup. Follow the analyzer system manufacturer's 
start-up and operating instructions. Adjust the system as needed to 
optimize performance.
    (2) Equipment setup. Using minimal gas transfer line lengths 
between all connections, connect a zero-air source to the inlet of a 
100 [deg]C heated line. Connect the heated line outlet to one inlet of 
a 100 [deg]C heated fast-acting 3-way valve (2 inlets, 1 outlet). Using 
a gas divider, equally blend an NO-CO-CO2-
C3H8-CH4 (balance N2) span 
gas with a span gas of NO2 (balance N2). Connect 
the gas divider outlet to the inlet of a 50 [deg]C heated line. 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 other 
inlet of the 3-way valve. Connect the valve outlet to an overflow at 
the gas analyzer system's probe or to an overflow fitting between the 
probe and transfer line to all the analyzers being verified.
    (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 used 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.
    (e) Performance evaluations. Perform the following evaluations:
    (1) Uniform response evaluation. (i) Calculate the mean rise time, 
t10-90, mean fall time, t90-10 for each analyzer.
    (ii) Determine the maximum mean rise and fall times for the slowest 
responding analyzer in each combination of continuous analyzer signals 
that you use to determine a single emission concentration.
    (iii) If the maximum rise time or fall time is greater than one 
second, verify that all other gas analyzers combined with it have mean 
rise and fall times of at least 75% of that analyzer's response.
    (iv) If any analyzer has shorter rise or fall times, disperse that 
signal so that it better matches the rise and fall times of the slowest 
signal with which it is combined. We recommend that you perform 
dispersion using SAE 2001-01-

[[Page 40549]]

3536 (incorporated by reference in Sec.  1065.1010) as a guide.
    (v) Repeat this verification after optimizing your systems to 
ensure that you dispersed signals correctly. If after repeated attempts 
at dispersing signals your system still fails this verification, you 
may use the continuous analyzer system if the deficiency does not 
adversely affect your ability to show compliance with the applicable 
standards.
    (2) Time alignment evaluation. (i) After all signals are adjusted 
to meet the uniform response evaluation, determine the second at 
which--or the two seconds between which--each analyzer crossed the 
midpoint of its response, t50.
    (ii) Verify that all combined gas analyzer signals are time-aligned 
such that all of their t50 times occurred at the same second 
or between the same two seconds in the recorded data.
    (iii) If your system fails to meet this criterion, you may change 
the time alignment of your system and retest the system completely. If 
after changing the time alignment of your system, some of the 
t50 times still are not aligned, take corrective action by 
dispersing analyzer signals that have the shortest rise and fall times.
    (iv) If some t50 times are still not aligned after repeated 
attempts at dispersion and time alignment, you may use the continuous 
analyzer system if the deficiency does not adversely affect your 
ability to show compliance with the applicable standards.

Measurement of Engine Parameters and Ambient Conditions


Sec.  1065.310  Torque calibration.

    (a) Scope and frequency. Calibrate all torque-measurement systems 
including dynamometer torque measurement transducers and systems upon 
initial installation and after major maintenance. Use good engineering 
judgment to repeat the calibration. Follow the torque transducer 
manufacturer's instructions for linearizing your torque sensor's 
output. We recommend that you calibrate the torque-measurement system 
with a reference force and a lever arm.
    (b) Recommended procedure. (1) Reference force quantification. Use 
either a set of dead-weights or a reference meter such as strain gage 
or a proving ring to quantify the reference force, NIST-traceable 
within 0.5% uncertainty.
    (2) Lever-arm length quantification. Quantify the lever arm length, 
NIST-traceable within 0.5% uncertainty. The lever arm's 
length must be measured from the centerline of the dynamometer to the 
point at which the reference force is measured. The lever arm must be 
perpendicular to gravity (i.e., horizontal), and it must be 
perpendicular to the dynamometer's rotational axis. Balance the lever 
arm's torque or quantify its net hanging torque, NIST-traceable within 
1% uncertainty, and account for it as part of the reference 
torque.
    (c) Dead-weight calibration. This technique applies a known force 
by hanging known weights at a known distance along a lever arm. Make 
sure the weights' lever arm is perpendicular to gravity (i.e., 
horizontal) and perpendicular to the dynamometer's rotational axis. 
Apply at least six calibration-weight combinations for each applicable 
torque-measuring range, spacing the weight quantities about equally 
over the range. Oscillate or rotate the dynamometer during calibration 
to reduce frictional static hysteresis. Determine each weight's force 
by multiplying its NIST-traceable mass by the local acceleration of 
Earth's gravity (using this equation: force = mass [middot] 
acceleration). The local acceleration of gravity, ag, at 
your latitude, longitude, and elevation may be determined by entering 
position and elevation data into the U.S. National Oceanographic and 
Atmospheric Administration's surface gravity prediction Web site at 
http://www.ngs.noaa.gov/cgi-bin/grav_pdx.prl. If this Web site is 
unavailable, you may use the equation in Sec.  1065.630, which returns 
the local acceleration of gravity based on a given latitude. In this 
case, calculate the reference torque as the weights' reference force 
multiplied by the lever arm reference length (using this equation: 
torque = force [middot] lever arm length).
    (d) Strain gage or proving ring calibration. This technique applies 
force either by hanging weights on a lever arm (these weights and their 
lever arm length are not used) or by operating the dynamometer at 
different torques. Apply at least six force combinations for each 
applicable torque-measuring range, spacing the force quantities about 
equally over the range. Oscillate or rotate the dynamometer during 
calibration to reduce frictional static hysteresis. In this case, the 
reference torque is determined by multiplying the reference meter force 
output by its effective lever-arm length, which you measure from the 
point where the force measurement is made to the dynamometer's 
rotational axis. Make sure you measure this length perpendicular to 
gravity (i.e., horizontal) and perpendicular to the dynamometer's 
rotational axis.


Sec.  1065.315  Pressure, temperature, and dewpoint calibration.

    (a) Calibrate instruments for measuring pressure, temperature, and 
dewpoint upon initial installation. Follow the instrument 
manufacturer's instructions and use good engineering judgment to repeat 
the calibration, as follows:
    (1) Pressure. We recommend temperature-compensated, digital-
pneumatic, or deadweight pressure calibrators, with data-logging 
capabilities to minimize transcription errors. We recommend using 
calibration reference quantities that are NIST-traceable within 0.5% 
uncertainty.
    (2) Temperature. We recommend digital dry-block or stirred-liquid 
temperature calibrators, with datalogging capabilities to minimize 
transcription errors. We recommend using calibration reference 
quantities that are NIST-traceable within 0.5% uncertainty.
    (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. We recommend using calibration reference quantities that are 
NIST-traceable within 0.5% uncertainty.
    (b) You may remove system components for off-site calibration. We 
recommend specifying calibration reference quantities that are NIST-
traceable within 0.5% uncertainty.

Flow-Related Measurements


Sec.  1065.320  Fuel-flow calibration.

    (a) Calibrate fuel-flow meters upon initial installation. Follow 
the instrument manufacturer's instructions and use good engineering 
judgment to repeat the calibration.
    (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 the tubing configuration upstream and 
downstream of the flow meter. We recommend specifying calibration 
reference quantities that are NIST-traceable within 0.5% uncertainty.


Sec.  1065.325  Intake-flow calibration.

    (a) Calibrate intake-air flow meters upon initial installation. 
Follow the instrument manufacturer's instructions and use good 
engineering judgment to repeat the calibration. We recommend using a 
calibration subsonic venturi, ultrasonic flow meter or laminar flow

[[Page 40550]]

element. We recommend using calibration reference quantities that are 
NIST-traceable within 0.5% uncertainty.
    (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 the tubing configuration upstream and 
downstream of the flow meter. We recommend specifying calibration 
reference quantities that are NIST-traceable within 0.5% uncertainty.
    (c) If you use a subsonic venturi or ultrasonic flow meter for 
intake flow measurement, we recommend that you calibrate it as 
described in Sec.  1065.340.


Sec.  1065.330  Exhaust-flow calibration.

    (a) Calibrate exhaust-flow meters upon initial installation. Follow 
the instrument manufacturer's instructions and use good engineering 
judgment to repeat the calibration. We recommend that you use a 
calibration subsonic venturi or ultrasonic flow meter and simulate 
exhaust temperatures by incorporating a heat exchanger between the 
calibration meter and the exhaust-flow meter. If you can demonstrate 
that the flow meter to be calibrated is insensitive to exhaust 
temperatures, you may use other reference meters such as laminar flow 
elements, which are not commonly designed to withstand typical raw 
exhaust temperatures. We recommend using calibration reference 
quantities that are NIST-traceable within 0.5% uncertainty.
    (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 the tubing configuration upstream and 
downstream of the flow meter. We recommend specifying calibration 
reference quantities that are NIST-traceable within 0.5% uncertainty.
    (c) If you use a subsonic venturi or ultrasonic flow meter for raw 
exhaust 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 verification (i.e., propane check) in Sec.  
1065.341.
    (c) Reference flow meter. Calibrate a CVS flow meter using a 
reference flow meter such as a subsonic venturi flow meter, a long-
radius ASME/NIST flow nozzle, a smooth approach orifice, a laminar flow 
element, a set of critical flow venturis, or an ultrasonic flow meter. 
Use a reference flow meter that reports quantities that are NIST-
traceable within 1% uncertainty. 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 positive-displacement pump (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. Determine unique equation coefficients for each speed at 
which you operate the PDP. Calibrate a PDP flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Leaks between the calibration flow meter and the PDP must be 
less than 0.3% of the total flow at the lowest calibrated 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 mean 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 PDP and record the mean values of at least 30 
seconds of sampled data of each of the following quantities:
    (i) The mean flow rate of the reference flow meter, 
nref. This may include several measurements of different 
quantities, such as reference meter pressures and temperatures, for 
calculating nref.
    (ii) The mean temperature at the PDP inlet, T in.
    (iii) The mean static absolute pressure at the PDP inlet, P 
in.
    (iv) The mean static absolute pressure at the PDP outlet, P 
out.
    (v) The mean PDP speed, f nPDP.
    (7) Incrementally close the restrictor valve to decrease the 
absolute pressure at the inlet to the PDP, P in.
    (8) Repeat the steps in paragraphs (e)(6) and (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 (9) of this 
section for each speed at which 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 verification (i.e., 
propane check) as described in Sec.  1065.341.
    (13) Do not use the PDP below the lowest inlet pressure tested 
during calibration.
    (f) CFV calibration. Calibrate a critical-flow venturi (CFV) to 
verify its discharge coefficient, Cd, at the lowest expected 
static differential pressure between the CFV inlet and outlet. 
Calibrate a CFV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Start the blower downstream of the CFV.
    (3) While the CFV operates, maintain a constant temperature at the 
CFV inlet within 2% of the mean absolute inlet temperature, 
T in.
    (4) Leaks between the calibration flow meter and the CFV must be 
less than 0.3 % of the total flow at the highest restriction.
    (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 values of at least 30 
seconds of sampled data of each of the following quantities:
    (i) The mean flow rate of the reference flow meter, 
nref. This may include several measurements of different 
quantities, such as reference meter pressures and temperatures, for 
calculating nref.
    (ii) Optionally, the mean dewpoint of the calibration air, T 
dew. See Sec.  1065.640 for permissible assumptions.
    (iii) The mean temperature at the venturi inlet, T in.
    (iv) The mean static absolute pressure at the venturi inlet, P 
in.
    (v) The mean static differential pressure between the CFV inlet and 
the CFV outlet, [Delta]P CFV.
    (7) Incrementally close the restrictor valve to decrease the 
absolute pressure at the inlet to the CFV, Pin.

[[Page 40551]]

    (8) Repeat the steps in paragraphs (f)(6) and (7) of this section 
to record mean data at a minimum of ten restrictor positions, such that 
you test the fullest practical range of [Delta]P CFV 
expected during testing. We do not require that you remove calibration 
components or CVS components to calibrate at the lowest possible 
restrictions.
    (9) Determine Cd and the lowest allowable [Delta]P 
CFV as described in Sec.  1065.640.
    (10) Use Cd to determine CFV flow during an emission 
test. Do not use the CFV below the lowest allowed [Delta]P 
CFV, as determined in Sec.  1065.640.
    (11) Verify the calibration by performing a CVS verification (i.e., 
propane check) as described in Sec.  1065.341.
    (12) If your CVS is configured to operate more than one CFV at a 
time in parallel, calibrate your CVS by one of the following:
    (i) Calibrate every combination of CFVs according to this section 
and Sec.  1065.640. Refer to Sec.  1065.642 for instructions on 
calculating flow rates for this option.
    (ii) Calibrate each CFV according to this section and Sec.  
1065.640. Refer to Sec.  1065.642 for instructions on calculating flow 
rates for this option.
    (g) SSV calibration. Calibrate a subsonic venturi (SSV) to 
determine its calibration coefficient, Cd , for the expected 
range of inlet pressures. Calibrate an SSV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Start the blower downstream of the SSV.
    (3) Leaks between the calibration flow meter and the SSV must be 
less than 0.3 % of the total flow at the highest restriction.
    (4) While the SSV operates, maintain a constant temperature at the 
SSV inlet within 2 % of the mean absolute inlet 
temperature.
    (5) Set the variable restrictor or variable-speed blower to a flow 
rate greater than the greatest flow rate expected during testing. You 
may not extrapolate flow rates beyond calibrated values, so we 
recommend that you make sure the Reynolds number, Re, at the 
SSV throat at the 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 30 seconds 
of sampled data of each of the following quantities:
    (i) The mean flow rate of the reference flow meter, 
nref. This may include several measurements of different 
quantities, such as reference meter pressures and temperatures, for 
caculating nref.
    (ii) Optionally, the mean dewpoint of the calibration air, T dew. 
See Sec.  1065.640 for permissible assumptions.
    (iii) The mean temperature at the venturi inlet, T in .
    (iv) The mean static absolute pressure at the venturi inlet, P in.
    (v) Static differential pressure between the static pressure at the 
venturi inlet and the static pressure at the venturi throat, [Delta] P 
SSV.
    (7) Incrementally close the restrictor valve or decrease the blower 
speed to decrease the flow rate.
    (8) Repeat the steps in paragraphs (g)(6) and (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 verification (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 40552]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.016

BILLING CODE 6560-50-C


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

    (a) A propane check serves as a CVS verification to determine if 
there is a discrepancy in measured values of diluted exhaust flow. A 
propane check also serves as a batch-sampler verification to determine 
if there is a discrepancy in a batch sampling system that extracts a 
sample from a CVS, as described in paragraph (g) of this section. Using 
good engineering judgment and safe practices, this check may be 
performed using a gas other than propane, such as CO2 or CO. A failed 
propane check might indicate one or more problems that may require 
corrective action, as follows:
    (1) Incorrect analyzer calibration. Re-calibrate, repair, or 
replace the FID analyzer.
    (2) Leaks. Inspect CVS tunnel, connections, fasteners, and HC 
sampling system, and repair or replace components.
    (3) Poor mixing. Perform the verification as described in this 
section while traversing a sampling probe across the tunnel's diameter, 
vertically and horizontally. If the analyzer response indicates any 
deviation exceeding 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.

[[Page 40553]]

    (4) Hydrocarbon contamination in the sample system. Perform the 
hydrocarbon-contamination verification as described in Sec.  1065.520.
    (5) Change in CVS calibration. Perform an in-situ calibration of 
the CVS flow meter as described in Sec.  1065.340.
    (6) Other problems with the CVS or sampling verification hardware 
or software.
    Inspect the CVS system, CVS verification hardware, and software for 
discrepancies. (b) A propane 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, account for any non-ideal gas behavior of 
C3H8 in the reference flow meter. Refer to Sec.  1065.640 and Sec.  
1065.642, which describe how to calibrate and use certain flow meters. 
Do not use any ideal gas assumptions in Sec.  1065.640 and Sec.  
1065.642. The propane check compares the calculated mass of injected 
C3H8 using HC measurements and CVS flow rate measurements with the 
reference value.
    (c) Prepare for the propane check as follows:
    (1) If you use a reference mass ofC3H8 instead of a reference flow 
rate, obtain a cylinder charged with C3H8. Determine the reference 
cylinder's mass of C3H8 within 0.5% of the amount of C3H8 
that you expect to use.
    (2) Select appropriate flow rates for the CVS andC3H8.
    (3) Select aC3H8 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 or precool any heat exchangers in the sampling system.
    (6) Allow heated and cooled components such as sample lines, 
filters, chillers, and pumps to stabilize at operating temperature.
    (7) You may purge the HC sampling system during stabilization.
    (8) If applicable, perform a vacuum side leak verification of the 
HC sampling system as described in Sec.  1065.345.
    (9) You may also conduct any other calibrations or verifications on 
equipment or analyzers.
    (d) Zero, span, and verify contamination of the HC sampling system, 
as follows:
    (1) Select the lowest HC analyzer range that can measure the C3H8 
concentration expected for the CVS and C3H8 flow rates.
    (2) Zero the HC analyzer using zero air introduced at the analyzer 
port.
    (3) Span the HC analyzer using C3H8 span gas introduced at the 
analyzer port.
    (4) Overflow zero air at the HC probe or into a fitting between the 
HC probe and the transfer line.
    (5) Measure the stable HC concentration of the HC sampling system 
as overflow zero air flows. For batch HC measurement, fill the batch 
container (such as a bag) and measure the HC overflow concentration.
    (6) If the overflow HC concentration exceeds 2 [mu]mol/mol, do not 
proceed until contamination is eliminated. Determine the source of the 
contamination and take corrective action, such as cleaning the system 
or replacing contaminated portions.
    (7) When the overflow HC concentration does not exceed 2 [mu]mol/
mol, record this value as xHCpre and use it to correct for 
HC contamination as described in Sec.  1065.660.
    (e) Perform the propane check as follows:
    (1) For batch HC sampling, connect clean storage media, such as 
evacuated bags.
    (2) Operate HC measurement instruments according to the instrument 
manufacturer's instructions.
    (3) If you will correct for dilution air background concentrations 
of HC, measure and record background HC in the dilution air.
    (4) Zero any integrating devices.
    (5) Begin sampling, and start any flow integrators.
    (6) Release the contents of the C3H8 reference cylinder at the rate 
you selected. If you use a reference flow rate of C3H8, start 
integrating this flow rate.
    (7) Continue to release the cylinder's contents until at least 
enough C3H8 has been released to ensure accurate quantification of the 
reference C3H8 and the measured C3H8.
    (8) Shut off the C3H8 reference cylinder and continue sampling 
until you have accounted for time delays due to sample transport and 
analyzer response.
    (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 HC, correct for contamination and background.
    (3) Calculate total C3H8 mass based on your CVS and HC data as 
described in Sec.  1065.650 and Sec.  1065.660, using the molar mass of 
C3H8, MC3H8, instead the effective molar mass of HC, MHC.
    (4) If you use a reference mass, determine the cylinder's propane 
mass within 0.5% and determine the C3H8 reference mass by 
subtracting the empty cylinder propane mass from the full cylinder 
propane mass.
    (5) Subtract the reference C3H8 mass from the calculated mass. If 
this difference is within 2.0 % of the reference mass, the 
CVS passes this verification. If not, take corrective action as 
described in paragraph (a) of this section.
    (g) Batch sampler verification. You may repeat the propane check to 
verify a batch sampler, such as a PM secondary dilution system.
    (1) Configure the HC sampling system to extract a sample near the 
location of the batch sampler's storage media (such as a PM filter). If 
the absolute pressure at this location is too low to extract an HC 
sample, you may sample HC from the batch sampler pump's exhaust. Use 
caution when sampling from pump exhaust because an otherwise acceptable 
pump leak downstream of a batch sampler flow meter will cause a false 
failure of the propane check.
    (2) Repeat the propane check described in this section, but sample 
HC from the batch sampler.
    (3) Calculate C3H8 mass, taking into account any secondary dilution 
from the batch sampler.
    (4) Subtract the reference C3H8 mass from the calculated mass. If 
this difference is within 5% of the reference mass, the 
batch sampler passes this verification. If not, take corrective action 
as described in paragraph (a) of this section.


Sec.  1065.345  Vacuum-side leak verification.

    (a) Scope and frequency. Upon initial sampling system installation, 
after major maintenance, and before each test according to subpart F of 
this part for laboratory tests and according to subpart J of this part 
for field tests, verify that there are no significant vacuum-side leaks 
using one of the leak tests described in this section.
    (b) Measurement principles. A leak may be detected either by 
measuring a small amount of flow when there should be zero flow, or by 
detecting the dilution of a known concentration of span gas when it 
flows through the vacuum side of a sampling system.
    (c) Low-flow leak test. Test a sampling system for low-flow leaks 
as follows:
    (1) 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 all vacuum pumps. After stabilizing, verify that the 
flow through

[[Page 40554]]

the vacuum-side of the sampling system is less than 0.5 % of the 
system's normal in-use flow rate. You may estimate typical analyzer and 
bypass flows as an approximation of the system's normal in-use flow 
rate.
    (d) Dilution-of-span-gas leak test. Test any analyzer, other than a 
FID, for dilution of span gas as follows, noting that this 
configuration requires an overflow span gas system:
    (1) Prepare a gas analyzer as you would for emission testing.
    (2) Supply span gas to the analyzer port and verify that it 
measures the span gas concentration within its expected measurement 
accuracy and repeatability.
    (3) 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 at the probe connection, and 
overflow the span gas at the open end of the transfer line.
    (iii) A three-way valve installed in-line between a probe and its 
transfer line, such as a system overflow zero and span port.
    (4) Verify that the measured overflow span gas concentration is 
within the measurement accuracy and repeatability of the analyzer. A 
measured value lower than expected indicates a leak, but a value higher 
than expected may indicate a problem with the span gas or the analyzer 
itself. A measured value higher than expected does not indicate a leak.

CO and CO2 Measurements


Sec.  1065.350  H2O interference verification for CO2 NDIR analyzers.

    (a) Scope and frequency. If you measure CO2 using an NDIR analyzer, 
verify the amount of H2O interference after initial analyzer 
installation and after major maintenance.
    (b) Measurement principles. H2O can interfere with an NDIR 
analyzer's response to CO2.
    If the NDIR analyzer uses compensation algorithms that utilize 
measurements of other gases to meet this interference verification, 
simultaneously conduct these other measurements to test the 
compensation algorithms during the analyzer interference verification.
    (c) System requirements. A CO2 NDIR analyzer must have an H2O 
interference that is within 2% of the flow-weighted mean 
CO2 concentration expected at the standard, though we strongly 
recommend a lower interference that is within 1%.
    (d) Procedure. Perform the interference verification as follows:
    (1) Start, operate, zero, and span the CO2 NDIR analyzer as you 
would before an emission test.
    (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 (25  10) [deg]C.
    (3) Introduce the water-saturated test gas upstream of any sample 
dryer, if one is used during testing.
    (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 
30 seconds of sampled data. Calculate the arithmetic mean of this data. 
The analyzer meets the interference verification if this value is 
within 2% of the flow-weighted mean concentration of CO2 
expected at the standard.
    (e) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your CO2 sampling system and your emission-
calculation procedures, the H2O interference for your CO2 NDIR analyzer 
always affects your brake-specific emission results within 0.5% of each of the applicable standards.
    (2) You may use a CO2 NDIR analyzer that you determine 
does not meet this verification, as long as you try to correct the 
problem and the measurement deficiency does not adversely affect your 
ability to show that engines comply with all applicable emission 
standards.


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

    (a) Scope and frequency. If you measure CO using an NDIR analyzer, 
verify the amount of H2O and CO2 interference 
after initial analyzer installation and after major maintenance.
    (b) Measurement principles. H2O and CO2 can 
positively interfere with an NDIR analyzer by causing a response 
similar to CO. If the NDIR analyzer uses compensation algorithms that 
utilize measurements of other gases to meet this interference 
verification, simultaneously conduct these other measurements to test 
the compensation algorithms during the analyzer interference 
verification.
    (c) System requirements. A CO NDIR analyzer must have combined 
H2O and CO2 interference that is within 2 % of the flow-weighted mean concentration of CO expected at the 
standard, though we strongly recommend a lower interference that is 
within 1%.
    (d) Procedure. Perform the interference verification as follows:
    (1) Start, operate, zero, and span the CO NDIR analyzer as you 
would before an emission test.
    (2) Create a water-saturated CO2 test gas by bubbling a 
CO2 span gas through distilled water in a sealed vessel at 
(25 10) [deg]C.
    (3) Introduce the water-saturated CO2 test gas upstream 
of any sample dryer, if one is used during testing.
    (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 30 seconds. Calculate the arithmetic mean of this data.
    (6) Multiply this mean value by the ratio of expected 
CO2 to span gas CO2 concentration. In other 
words, estimate the flow-weighted mean dry concentration of 
CO2 expected during testing, and then divide this value by 
the concentration of CO2 in the span gas used for this 
verification. Then multiply this ratio by the mean value recorded 
during this verification.
    (7) The analyzer meets the interference verification if the result 
of paragraph (d)(6) of this section is within 2 % of the 
flow-weighted mean concentration of CO expected at the standard.
    (e) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your CO sampling system and your emission 
calculations procedures, the combined CO2 and H2O 
interference for your CO NDIR analyzer always affects your brake-
specific CO emission results within 0.5 % of the applicable 
CO standard.(2) You may use a CO NDIR analyzer that you determine does 
not meet this verification, as long as you try to correct the problem 
and the measurement deficiency does not adversely affect your ability 
to show that engines comply with all applicable emission standards.

Hydrocarbon Measurements


Sec.  1065.360  FID optimization and verification.

    (a) Scope and frequency. For all FID analyzers perform the 
following steps:
    (1) Calibrate a FID upon initial installation. Repeat the 
calibration as needed using good engineering judgment.
    (2) Optimize a FID's response to various hydrocarbons after initial

[[Page 40555]]

analyzer installation and after major maintenance.
    (3) Determine a FID's methane (CH4) response factor 
after initial analyzer installation and after major maintenance.
    (4) Verify methane (CH4) response within 185 days before 
testing.
    (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 C3H8 calibration 
gases that meet the specifications of Sec.  1065.750. We recommend FID 
analyzer zero and span gases that contain approximately the flow-
weighted mean concentration of O2 expected during testing. 
If you use a FID to measure methane (CH4) downstream of a 
nonmethane cutter, you may calibrate that FID using CH4 
calibration gases with the cutter. Regardless of the calibration gas 
composition, calibrate on a carbon number basis of one (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 judgment for 
initial instrument start-up and basic operating adjustment using FID 
fuel and zero air. Heated FIDs must be within their required operating 
temperature ranges. Optimize FID response at the most common analyzer 
range expected during emission testing. Optimization involves adjusting 
flows and pressures of FID fuel, burner air, and sample to minimize 
response variations to various hydrocarbon species in the exhaust. Use 
good engineering judgment to trade off peak FID response to propane 
calibration gases to achieve minimal response variations to different 
hydrocarbon species. For an example of trading off response to propane 
for relative responses to other hydrocarbon species, see SAE 770141 
(incorporated by reference in Sec.  1065.1010). Determine the optimum 
flow rates for FID fuel, burner air, and sample and record them for 
future reference.
    (d) CH4 response factor determination. Since FID analyzers 
generally have a different response to CH4 versus C3H8, 
determine each FID analyzer's CH4 response factor, 
RFCH4, after FID optimization. Use the most recent 
RFCH4 measured according to this section in the calculations 
for HC determination described in Sec.  1065.660 to compensate for 
CH4 response. Determine RFCH4 as follows, noting 
that you do not determine RFCH4 for FIDs that are calibrated 
and spanned using CH4 with a nonmethane cutter:
    (1) Select a C3H8 span gas that meets the 
specifications of Sec.  1065.750. Record the C3H8 
concentration of the gas.
    (2) Select a CH4 span gas that meets the specifications 
of Sec.  1065.750. Record the CH4 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 
(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 a zero gas that you use for emission testing.
    (6) Span the FID with the C3H8 span gas that 
you selected under paragraph (d)(1) of this section.
    (7) Introduce at the sample port of the FID analyzer, the 
CH4 span gas that you selected under 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 30 seconds of sampled data. Calculate the arithmetic mean of 
these values.
    (10) Divide the mean measured concentration by the recorded span 
concentration of the CH4 calibration gas. The result is the 
FID analyzer's response factor for CH4, RFCH4.
    (e) FID methane (CH4) response verification. If the 
value of RFCH4 from paragraph (d) of this section is within 
5.0% of its most recent previously determined value, the 
FID passes the methane response verification. For example, if the most 
recent previous value for RFCH4 was 1.05 and it changed by 
+0.05 to become 1.10 or it changed by -0.05 to become 1.00, either case 
would be acceptable because +4.8% is less than +5.0%.
    (1) Verify that the pressures and flow rates of FID fuel, burner 
air, and sample are each within 0.5% of their most recent 
previously recorded values, as described in paragraph (c) of this 
section. You may adjust these flow rates as necessary. Determine a new 
RFCH4 as described in paragraph (d) of this section.
    (2) If RFCH4 is still not within 5.0% of its 
most recently determined value after adjusting flow rates, re-optimize 
the FID response as described in paragraph (c) of this section.
    (3) Determine a new RFCH4 as described in paragraph (d) 
of this section. Use this new value of RFCH4 in the 
calculations for HC determination, as described in Sec.  1065.660.


Sec.  1065.362  Non-stoichiometric raw exhaust FID O2 
interference verification.

    (a) Scope and frequency. If you use FID analyzers for raw exhaust 
measurements from engines that operate in a non-stoichiometric mode of 
combustion (e.g., compression-ignition, lean-burn), verify the amount 
of FID O2 interference 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 verification. Verify FID performance with the compensation 
algorithms for FID O2 interference that you have active 
during an emission test.
    (c) System requirements. Any FID analyzer used during testing must 
meet the FID O2 interference verification according to the 
procedure in this section.
    (d) Procedure. Determine FID O2 interference as follows:
    (1) Select two span reference gases that meet the specifications in 
Sec.  1065.750 and contain C3H8 near 100% of span 
for HC. You may use CH4 span reference gases for FIDs 
calibrated on CH4 with a nonmethane cutter. Select the two 
balance gas concentrations such that the concentrations of 
O2 and N2 represent the minimum and maximum 
O2 concentrations expected during testing.
    (2) Confirm that the FID analyzer meets all the specifications of 
Sec.  1065.360.
    (3) Start and operate the FID analyzer as you would before an 
emission test. Regardless of the FID burner's air source during 
testing, use zero air as the FID burner's air source for this 
verification.
    (4) Zero the FID analyzer using the zero gas used during emission 
testing.
    (5) Span the FID analyzer using the span gas used during emission 
testing.
    (6) Check the zero response of the FID analyzer using the zero gas 
used during emission testing. If the mean zero response of 30 seconds 
of sampled data is within 0.5% of the span reference value 
used in paragraph (d)(5) of this section, then proceed to the next 
step; otherwise restart the procedure at paragraph (d)(4) of this 
section.
    (7) Check the analyzer response using the span gas that has the 
minimum concentration of O2 expected during testing. Record 
the mean response of 30 seconds of stabilized sample data as 
xO2minHC.
    (8) Check the zero response of the FID analyzer using the zero gas 
used during

[[Page 40556]]

emission testing. If the mean zero response of 30 seconds of stabilized 
sample data is within 0.5% of the span reference value used 
in paragraph (d)(5) of this section, then proceed to the next step; 
otherwise restart the procedure at paragraph (d)(4) of this section.
    (9) Check the analyzer response using the span gas that has the 
maximum concentration of O2 expected during testing. Record 
the mean response of 30 seconds of stabilized sample data as 
xO2maxHC.
    (10) Check the zero response of the FID analyzer using the zero gas 
used during emission testing. If the mean zero response of 30 seconds 
of stabilized sample data is within 0.5% of the span 
reference value used in paragraph (d)(5) of this section, then proceed 
to the next step; otherwise restart the procedure at paragraph (d)(4) 
of this section.
    (11) Calculate the percent difference between xO2maxHC 
and its reference gas concentration. Calculate the percent difference 
between xO2minHC and its reference gas concentration. 
Determine the maximum percent difference of the two. This is the 
O2 interference.
    (12) If the O2 interference is within 1.5%, 
then the FID passes the O2 interference check; otherwise 
perform one or more of the following to address the deficiency:
    (i) Select zero and span gases for emission testing that contain 
higher or lower O2 concentrations.
    (ii) Adjust FID burner air, fuel, and sample flow rates. Note that 
if you adjust these flow rates to meet the O2 interference 
verification, you must re-verify with the adjusted flow rates that the 
FID meets the CH4 response factor verification according to 
Sec.  1065.360.
    (iii) Repair or replace the FID.
    (iv) Demonstrate that the deficiency does not adversely affect your 
ability to demonstrate compliance with the applicable emission 
standards.


Sec.  1065.365  Nonmethane cutter penetration fractions.

    (a) Scope and frequency. If you use a FID analyzer and a nonmethane 
cutter (NMC) to measure methane (CH4), determine the 
nonmethane cutter's penetration fractions of methane, PFCH4, 
and ethane, PFC2H6. Perform this verification after 
installing the nonmethane cutter. Repeat this verification within 185 
days of testing to verify that the catalytic activity of the cutter has 
not deteriorated. Note that because nonmethane cutters can deteriorate 
rapidly and without warning if they are operated outside of certain 
ranges of gas concentrations and outside of certain temperature ranges, 
good engineering judgment may dictate that you determine a nonmethane 
cutter's penetration fractions more frequently.
    (b) Measurement principles. A nonmethane cutter is a heated 
catalyst that removes nonmethane hydrocarbons from the exhaust stream 
before the FID analyzer measures the remaining hydrocarbon 
concentration. 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 this section's measured values of 
PFCH4 and PFC2H6 to account for less than ideal 
NMC performance.
    (c) System requirements. We do not limit NMC penetration fractions 
to a certain range. However, we recommend that you optimize a 
nonmethane cutter by adjusting its temperature to achieve 
PFCH4 >0.95 and PFC2H6 <0.02 as determined by 
paragraphs (d) and (e) of this section, as applicable. If we use a 
nonmethane cutter for testing, it will meet this recommendation. If 
adjusting NMC temperature does not result in achieving both of these 
specifications simultaneously, we recommend that you replace the 
catalyst material.
    Use the most recently determined penetration values from this 
section to calculate HC emissions according to Sec.  1065.660 and Sec.  
1065.665 as applicable.
    (d) Procedure for a FID calibrated with the NMC. If your FID 
arrangement is such that a FID is always calibrated to measure 
CH4 with the NMC, then span that FID with the NMC cutter 
using a CH4 span gas, set that FID's CH4 
penetration fraction, PFCH4, equal to 1.0 for all emission 
calculations, and determine its ethane (C2H6) 
penetration fraction, PFC2H6. as follows:
    (1) Select a CH4 gas mixture and a 
C2H6 analytical gas mixture and ensure that both 
mixtures meet the specifications of Sec.  1065.750. Select a 
CH4 concentration that you would use for spanning the FID 
during emission testing and select a C2H6 
concentration that is typical of the peak NMHC concentration expected 
at the hydrocarbon standard or equal to THC analyzer's span value.
    (2) Start, operate, and optimize the nonmethane cutter according to 
the manufacturer's instructions, including any temperature 
optimization.
    (3) Confirm that the FID analyzer meets all the specifications of 
Sec.  1065.360.
    (4) Start and operate the FID analyzer according to the 
manufacturer's instructions.
    (5) Zero and span the FID with the cutter and use CH4 
span gas to span the FID with the cutter. Note that you must span the 
FID on a C1 basis. For example, if your span gas has a 
CH4 reference value of 100 [mu]/mol, the correct FID 
response to that span gas is 100 [mu]/mol because there is one carbon 
atom per CH4 molecule.
    (6) Introduce the C2H6 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 the analyzer's response.
    (8) While the analyzer measures a stable concentration, record 30 
seconds of sampled data. Calculate the arithmetic mean of these data 
points.
    (9) Divide the mean by the reference value of 
C2H6, converted to a C1 basis. The 
result is the C2H6 penetration fraction, 
PFC2H6. Use this penetration fraction and the CH4 
penetration fraction, which is set equal to 1.0, in emission 
calculations according to Sec.  1065.660 or Sec.  1065.665, as 
applicable.
    (e) Procedure for a FID calibrated by bypassing the NMC. If you use 
a FID with an NMC that is calibrated by bypassing the NMC, determine 
penetration fractions as follows:
    (1) Select CH4 and C2H6 analytical 
gas mixtures that meet the specifications of Sec.  1065.750 with the 
CH4 concentration typical of its peak concentration expected 
at the hydrocarbon standard and the C2H6 
concentration typical of the peak total hydrocarbon (THC) concentration 
expected at the hydrocarbon standard or the THC analyzer span value.
    (2) Start and operate the nonmethane cutter according to the 
manufacturer's instructions, including any temperature optimization.
    (3) Confirm that the FID analyzer meets all the specifications of 
Sec.  1065.360.
    (4) Start and operate the FID analyzer according to the 
manufacturer's instructions.
    (5) Zero and span the FID as you would during emission testing. 
Span the FID by bypassing the cutter and by using 
C3H8 span gas to span the FID. Note that you must 
span the FID on a C1 basis. For example, if your span gas 
has a propane reference value of 100 [mu]/mol, the correct FID response 
to that span gas is 300 [mu]/mol because there are three carbon atoms 
per C3H8 molecule.
    (6) Introduce the C2H6 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 the analyzer's response.

[[Page 40557]]

    (8) While the analyzer measures a stable concentration, record 30 
seconds of sampled data. Calculate the arithmetic mean of these data 
points.
    (9) Reroute the flow path to bypass the nonmethane cutter, 
introduce the C2H6 analytical gas mixture to the 
bypass, and repeat the steps in paragraphs (e)(7) through (8) of this 
section.
    (10) Divide the mean C2H6 concentration 
measured through the nonmethane cutter by the mean concentration 
measured after bypassing the nonmethane cutter. The result is the 
C2H6 penetration fraction, PFC2H6. Use 
this penetration fraction according to Sec.  1065.660 or Sec.  
1065.665, as applicable.
    (11) Repeat the steps in paragraphs (e)(6) through (10) of this 
section, but with the CH4 analytical gas mixture instead of 
C2H6. The result will be the CH4 
penetration fraction, PFCH4. Use this penetration fraction 
according to Sec.  1065.660 or Sec.  1065.665, as applicable.

NoX Measurements


Sec.  1065.370  CLD CO2 and H2O quench verification.

    (a) Scope and frequency. If you use a CLD analyzer to measure 
NOX, verify the amount of H2O and CO2 
quench after installing the CLD analyzer and after 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 for 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 the 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 2% or less, 
though we strongly recommend a quench of 1% or less. 
Combined quench is the sum of the CO2 quench determined as 
described in paragraph (d) of this section, plus the H2O 
quench determined in paragraph (e) of this section.
    (d) CO2 quench verification 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 attempt to use a concentration that is approximately twice 
the maximum CO2 concentration expected to enter the CLD 
sample port 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, if available.
    (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 ensure correct gas division.
    (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, XCO2meas, and use it in the quench 
verification calculations in Sec.  1065.675.
    (8) Measure the NO concentration downstream of the gas divider. If 
the CLD has an operating mode in which it detects NO-only, as opposed 
to total NOX, operate the CLD in the NO-only operating mode. 
Record this concentration, XNO,CO2, and use it in the quench 
verification calculations in Sec.  1065.675.
    (9) Switch the three-way valve so 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 verification 
calculations in Sec.  1065.675.
    (11) Use the values recorded according to this paragraph (d) of 
this section and paragraph (e) of this section to calculate quench as 
described in Sec.  1065.675.
    (e) H2O quench verification procedure. Use the following 
method to determine H2O quench, or use good engineering 
judgment to develop a different protocol:
    (1) Use PTFE tubing to make necessary connections.
    (2) If the CLD has an operating mode in which it detects NO-only, 
as opposed to total NOX, operate the CLD in the NO-only 
operating mode.
    (3) Measure an NO calibration span gas that meets the 
specifications of Sec.  1065.750 and is near the maximum concentration 
expected during testing. Record this concentration, XNOdry.
    (4) Humidify the gas by bubbling it through distilled water in a 
sealed vessel. We recommend that you humidify the gas to the highest 
sample dewpoint that you estimate during emission sampling. Regardless 
of the humidity during this test, the quench verification calculations 
in Sec.  1065.675 scale the recorded quench to the highest dewpoint 
that you expect entering the CLD sample port during emission sampling.
    (5) If you do not use any sample dryer for NOX during 
emissions testing, record the vessel water temperature as 
Tdew, and its pressure as ptotal and use these 
values according to Sec.  1065.645 to calculate the amount of water 
entering the CLD sample port, XH2Omeas. If you do use a 
sample dryer for NOX during emissions testing, measure the 
humidity of the sample just upstream of the CLD sample port and use the 
measured humidity according to Sec.  1065.645 to calculate the amount 
of water entering the CLD sample port, XH2Omeas.
    (6) To prevent subsequent condensation, make sure that any 
humidified sample will not be exposed to temperatures lower than 
Tdew during transport from the sealed vessel's outlet to the 
CLD. We recommend using heated transfer lines.
    (7) Introduce the humidified sample upstream of any sample dryer, 
if one is used.
    (8) Use the CLD to measure the NO concentration of the humidified 
span gas and record this value, XNOwet.
    (9) Use the recorded values from this paragraph (e) to calculate 
the quench as described in Sec.  1065.675.
    (10) Use the values recorded according to this paragraph (e) of 
this section and paragraph (d) of this section to calculate quench as 
described in Sec.  1065.675.
    (f) Corrective action. If the sum of the H2O quench plus 
the CO2 quench is not within 2%, take corrective 
action by repairing or replacing the analyzer. Before using a CLD for 
emission testing, demonstrate that the corrective action resulted in a 
value within 2% combined quench.
    (g) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your NOX sampling system and

[[Page 40558]]

your emission calculations procedures, the the combined CO2 
and H2O interference for your NOX CLD analyzer 
always affects your brake-specific NOX emission results 
within no more than 1.0% of the applicable NOX 
standard.
    (2) You may use a NOX CLD analyzer that you determine 
does not meet this verification, as long as you try to correct the 
problem and the measurement deficiency does not adversely affect your 
ability to show that engines comply with all applicable emission 
standards.


Sec.  1065.372  NDUV analyzer HC and H2O interference 
verification.

    (a) Scope and frequency. If you measure NOX using an 
NDUV analyzer, verify the amount of H2O and hydrocarbon 
interference after initial analyzer installation and after major 
maintenance.
    (b) Measurement principles. Hydrocarbons and H2O can 
positively interfere with an NDUV analyzer by causing a response 
similar to NOX. If the NDUV analyzer uses compensation 
algorithms that utilize measurements of other gases to meet this 
interference verification, simultaneously conduct such measurements to 
test the algorithms during the analyzer interference verification.
    (c) System requirements. A NOX NDUV analyzer must have 
combined H2O and HC interference within 2% of the flow-
weighted mean concentration of NOX expected at the standard, 
though we strongly recommend keeping interference within 1%.
    (d) Procedure. Perform the interference verification 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 
verification. 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 HC in the exhaust with a 
FID analyzer that meets the specifications of subpart C of this part. 
Use the FID response as the reference hydrocarbon value.
    (3) Upstream of any sample dryer, if one is 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 line and to 
account for analyzer response.
    (5) While all analyzers measure the sample's concentration, record 
30 seconds of sampled data, 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 mean 
HC concentration expected at the standard to the HC concentration 
measured during the verification. The analyzer meets the interference 
verification of this section if this result is within 2% of 
the HC concentration expected at the standard.
    (e) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your NOX sampling system and your emission 
calculations procedures, the the combined HC and H2O 
interference for your NOX NDUV analyzer always affects your 
brake-specific NOX emission results by less than 0.5% of the 
applicable NOX standard.
    (2) You may use a NOX NDUV analyzer that you determine 
does not meet this verification, as long as you try to correct the 
problem and the measurement deficiency does not adversely affect your 
ability to show that engines comply with all applicable emission 
standards.


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 verification for chller NO2 penetration. 
Perform this verification 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. If a chiller is used without an NO2-to-NO 
converter upstream, it could therefore remove NO2 from the 
sample prior NOX measurement.
    (c) System requirements. A chiller must allow for measuring at 
least 95% of the total NO2 at the maximum expected 
concentration of NO2.
    (d) Procedure. Use the following procedure to verify chiller 
performance:
    (1) Instrument setup. Follow the analyzer and chiller 
manufacturers' start-up and operating instructions. Adjust the analyzer 
and chiller as needed to optimize performance.
    (2) Equipment setup. Connect an ozonator's inlet to a zero-air or 
oxygen source and connect its outlet to one port of a three-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 three-
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) Adjustments. For the following adjustment steps, set the 
analyzer to measure only NO (i.e., NO mode), or only read the NO 
channel of the analyzer:
    (i) With the dewpoint generator and the ozonator off, adjust the NO 
and zero-gas flows so the NO concentration at the analyzer is at least 
two times the peak total NOX concentration expected during 
testing at the standard. Verify that gas is flowing out of the overflow 
vent line.
    (ii) Turn on the dewpoint generator and adjust its flow so the NO 
concentration at the analyzer is at least at the peak total 
NOX concentration expected during testing at the standard. 
Verify that gas is flowing out of the overflow vent line.
    (iii) Turn on the ozonator and adjust the ozonator so the NO 
concentration measured by the analyzer decreases by the same amount as 
the maximum concentration of NO2 expected during testing. 
This ensures that the ozonator is generating NO2 at the 
maximum concentration expected during testing.
    (4) Data collection. Maintain the ozonator adjustment in paragraph 
(d)(3) of this section, and keep the NOX analyzer in the NO 
only mode or only read the NO channel of the analyzer.
    (i) Allow for stabilization, accounting only for transport delays 
and instrument response.
    (ii) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOref.
    (iii) Switch the analyzer to the total NOX mode, (that 
is, sum the NO and NO2 channels of the analyzer) and allow 
for stabilization, accounting only for transport delays and instrument 
response.
    (iv) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOxmeas.
    (v) Turn off the ozonator and allow for stabilization, accounting 
only for transport delays and instrument response.
    (vi) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOxref.
    (5) Performance evaluation. Divide the quantity of 
(NOxmeas-NOref) by the quantity of 
(NOxref-NOref). If the result

[[Page 40559]]

is less than 95%, repair or replace the chiller.
    (e) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your NOX sampling system and your emission 
calculations procedures, the the chiller always affects your brake-
specific NOX emission results by less than 0.5% of the 
applicable NOX standard.
    (2) You may use a chiller that you determine does not meet this 
verification, as long as you try to correct the problem and the 
measurement deficiency does not adversely affect your ability to show 
that engines comply with all applicable emission standards.


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

    (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 verification after installing 
the converter, after major maintenance and within 35 days before an 
emission test. This verification must be repeated at this frequency 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 allow for 
measuring at least 95% of the total NO2 at the maximum expected 
concentration of NO2.
    (d) Procedure. Use the following procedure to verify the 
performance of a NO2-to-NO converter:
    (1) Instrument setup. Follow the analyzer and NO2-to-NO converter 
manufacturers' start-up and operating instructions. Adjust the analyzer 
and converter as needed to optimize performance.
    (2) Equipment setup. Connect an ozonator's inlet to a zero-air or 
oxygen source and connect its outlet to one port of a 4-way cross 
fitting. Connect an NO span gas to another port. Connect the NO2-to-NO 
converter inlet to another port, and connect an overflow vent line to 
the last port.
    (3) Adjustments. Take the following steps to make adjustments:
    (i) With the NO2-to-NO converter in the bypass mode (i.e., NO mode) 
and the ozonator off, adjust the NO and zero-gas flows so 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.
    (ii) With the NO2-to-NO converter still in the bypass mode, turn on 
the ozonator and adjust the ozonator so the NO concentration measured 
by the analyzer decreases by the same amount as maximum concentration 
of NO2 expected during testing. This ensures that the ozonator is 
generating NO2 at the maximum concentration expected during testing.
    (4) Data collection. Maintain the ozonator adjustment in paragraph 
(d)(3) of this section, and keep the NOX analyzer in the NO 
only mode (i.e., bypass the NO2-to-NO converter).
    (i) Allow for stabilization, accounting only for transport delays 
and instrument response.
    (ii) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOref.
    (iii) Switch the analyzer to the total NOX mode (that 
is, sample with the NO2-to-NO converter) and allow for stabilization, 
accounting only for transport delays and instrument response.
    (iv) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOxmeas.
    (v) Turn off the ozonator and allow for stabilization, accounting 
only for transport delays and instrument response.
    (vi) Calculate the mean of 30 seconds of sampled data from the 
analyzer and record this value as NOxref.
    (5) Performance evaluation. Divide the quantityof 
(NOxmeas -NOref)by the quantity of 
(NOxref -NOref). If the result is less than 95%, 
repair or replace the NO2-to-NO converter.
    (e) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering 
analysis that for your NOx sampling system and your emission 
calculations procedures, the converter always affects your brake-
specific NOx emission results by less than 0.5% of the 
applicable NOx standard.
    (2) You may use a converter that you determine does not meet this 
verification, as long as you try to correct the problem and the 
measurement deficiency does not adversely affect your ability to show 
that engines comply with all applicable emission standards.

PM Measurements


Sec.  1065.390  PM balance verifications and weighing process 
verification.

    (a) Scope and frequency. This section describes three 
verifications. The first verification requires an independent 
verification of PM balance performance, and this must be performed 
within 370 days before emission testing. The second verification 
requires zeroing and spanning the balance, and this must be performed 
within 12 h before weighing. The third verification requires comparing 
a current mass determination of pooled reference samples with the 
previous mass determination of the pooled reference samples. This 
verification must be performed within 12 h before weighing.
    (b) Independent verification. Have the balance manufacturer (or a 
representative approved by the balance manufacturer) verify the balance 
performance within 370 days of testing.
    (c) Zeroing and spanning. You must verify balance performance by 
zeroing and spanning it with at least one calibration weight, and any 
weights you use must that meet the specifications in Sec.  1065.790 to 
perform this verification.
    (1) Use a manual procedure in which you zero the balance and span 
the balance with at least one calibration weight. If you normally use 
mean values by repeating the weighing process to improve the accuracy 
and precision of PM measurements, use the same process to verify 
balance performance.
    (2) You may use an automated procedure to verify balance 
performance. For example many balances have internal calibration 
weights that are used automatically to verify balance performance. Note 
that if you use internal balance weights, the weights must meet the 
specifications in Sec.  1065.790 to perform this verification.
    (d) Reference sample weighing. You must also verify the PM-weighing 
environment and weighing process by weighing reference PM sample media. 
Repeated weighing of a reference mass must return the same value within 
10 [mu]g or 10% of the net PM mass expected at 
the standard (if known), whichever is higher. Perform this verification 
as follows:
    (1) Keep at least two samples of unused PM sample media in the PM-
stabilization environment. Use these as references. If you collect PM 
with filters, select unused filters of the same material and size for 
use as references. You may periodically replace references, using good 
engineering judgment.
    (2) Stabilize references in the PM stabilization environment. 
Consider references 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

[[Page 40560]]

Sec.  1065.190(d) for at least the preceding 60 min.
    (3) Exercise the balance several times with a reference sample. We 
recommend weighing ten samples without recording the values.
    (4) Zero and span the balance.
    (5) Weigh each of the reference samples and record their masses. We 
recommend using substitution weighing as described in Sec.  
1065.590(j). If you normally use mean values by repeating the weighing 
process to improve the accuracy and precision of PM measurements, use 
the same process to measure reference masses.
    (6) Record the balance environment dewpoint, ambient temperature, 
and atmospheric pressure.
    (7) Use the recorded ambient conditions to correct results for 
buoyancy as described in Sec.  1065.690. Record the buoyancy-corrected 
mass of each of the references.
    (8) Subtract each of the reference's buoyancy-corrected masses from 
the most recent previous determinations of their masses.
    (9) If the mean of the reference's masses changes by more than that 
allowed under paragraph (d) of this section, then invalidate all PM 
results that were determined between the two times that the reference 
masses were determined.


Sec.  1065.395  Inertial PM balance verifications.

    This section describes how to verify the performance of an inertial 
PM balance.
    (a) Independent verification. Have the balance manufacturer (or a 
representative approved by the balance manufacturer) verify the 
inertial balance performance within 370 days before testing.
    (b) Other verifications. Perform other verifications using good 
engineering judgment and instrument manufacturer recommendations.

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) For our testing, we may select any engine configuration within 
the engine family.


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. This includes 
governors that you normally install on production engines. If you do 
not install governors on production engines, simulate a governor that 
is representative of a governor that others will install on your 
production engines.
    (b) Run the test engine, with all emission-control systems 
operating, long enough to stabilize emission levels. Unless otherwise 
specified in the standard-setting part, you may consider emission 
levels stable without measurement if you accumulate 12 h of operation 
for a spark-ignition engine or 125 h for a compression-ignition engine. 
If the engine needs more or less operation to stabilize emission 
levels, record your reasons and the methods for doing this, and give us 
these records if we ask for them. To ensure consistency between low-
hour engines and deterioration factors, you must use the same 
stabilization procedures for all emission-data engines within an engine 
family.
    (c) Record any maintenance, modifications, parts changes, 
diagnostic or emissions testing and document the need for each event. 
You must provide this information if we request it.
    (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 to the engine before running an 
emission test. 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 before emission testing with an 
installed canister. Prior to an emission test, use the following steps 
to attach a canister to your engine:
    (1) Use a canister and plumbing arrangement that represents the in-
use configuration of the largest capacity canister in all expected 
applications.
    (2) Use a canister that is fully loaded with fuel vapors.
    (3) Connect the canister's purge port to the engine.
    (4) Plug the canister port that is normally connected to the fuel 
tank.


Sec.  1065.410  Maintenance limits for stabilized test engines.

    (a) After you stabilize the test engine's emission levels, you may 
do maintenance as allowed by the standard-setting part. However, you 
may not do any maintenance based on emission measurements from the test 
engine (i.e., unscheduled maintenance).
    (b) For any critical emission-related maintenance--other than what 
we specifically allow in the standard-setting part--you must completely 
test an engine for emissions before and after doing any maintenance 
that might affect emissions, unless we waive this requirement.
    (c) Keep a record of the inspection and update your application to 
document any changes as a result of the inspection. You may use 
equipment, instruments, or tools to identify bad engine components. Any 
equipment, instruments, or tools used for scheduled maintenance on 
emission data engines must be available to dealerships and other 
service outlets.
    (d) You may adjust or repair an emission-data engine as long as you 
document these changes in your application.
    (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 an 
emission-data. Also, if your test engine has a major mechanical failure 
that requires you to take it apart, you may no longer use it as an 
emission-data 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 or by using 
duty cycles that are more aggressive than in-use operation.

[[Page 40561]]

    (a) Maintenance. The following limits apply to the maintenance that 
we allow you to do on an emission-data 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 or allowed by the standard-setting part.
    (3) We may approve additional maintenance to your durability engine 
if all the following occur:
    (i) Something clearly malfunctions--such as persistent misfire, 
engine stall, overheating, fluid leaks, or loss of oil pressure--and 
needs maintenance or repair.
    (ii) You provide us an opportunity to verify the extent of the 
malfunction before you do the maintenance.
    (b) Emission measurements. Perform emission tests following the 
provisions of the standard setting part and this part, as applicable. 
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--Performing 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 setting. This section describes how to:
    (1) Map your engine by recording specified speed and torque data, 
as measured from the engine's primary output shaft.
    (2) Transform normalized duty cycles into reference duty cycles for 
your engine by using an engine map.
    (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.
    (10) Weigh PM samples.
    (b) A laboratory emission test generally consists of measuring 
emissions and other parameters while an engine follows one or more duty 
cycles that are specified in the standard-setting part. There are two 
general types of duty cycles:
    (1) Transient cycles. Transient duty cycles are typically specified 
in the standard-setting part as a second-by-second sequence of speed 
commands and torque (or power) commands. Operate an engine over a 
transient cycle such that the speed and torque of the engine's primary 
output shaft follows the target values. Proportionally sample emissions 
and other parameters and use the calculations in subpart G of this part 
to calculate emissions. Start a transient test according to the 
standard-setting part, as follows:
    (i) A cold-start transient cycle where you start to measure 
emissions just before starting a cold engine.
    (ii) A hot-start transient cycle where you start to measure 
emissions just before starting a warmed-up engine.
    (iii) A hot running transient cycle where you start to measure 
emissions after an engine is started, warmed up, and running.
    (2) Steady-state cycles. Steady-state duty cycles are typically 
specified in the standard-setting part as a list of discrete operating 
points (modes), where each operating point has one value of a speed 
command and one value of a torque (or power) command. Ramped-modal 
cycles for steady-state testing also list test times for each mode and 
ramps of speed and torque to follow between modes. Start a steady-state 
cycle as a hot running test, where you start to measure emissions after 
an engine is started, warmed up and running. You may run a steady-state 
duty cycle as a discrete-mode cycle or a ramped-modal cycle, as 
follows:
    (i) Discrete-mode cycles. Before emission sampling, stabilize an 
engine at the first discrete mode. Sample emissions and other 
parameters for that mode and then stop emission sampling. Record mean 
values for that mode, and then stabilize the engine at the next mode. 
Continue to sample each mode discretely and calculate weighted emission 
results according to the standard-setting part.
    (ii) Ramped-modal cycles. Perform ramped-modal cycles similar to 
the way you would perform transient cycles, except that ramped-modal 
cycles involve mostly steady-state engine operation. Perform a ramped-
modal cycle as a sequence of second-by-second speed commands and torque 
(or power) commands.Proportionally sample emissions and other 
parameters during the cycle and use the calculations in subpart G of 
this part to calculate emissions.
    (c) Other subparts in this part identify how to select and prepare 
an engine for testing (subpart E), how to perform the required engine 
service accumulation (subpart E), and how to 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 data points that represent the maximum brake 
torque versus engine speed, measured at the engine's primary output 
shaft. Map your engine while it is connected to a dynamometer. 
Configure any auxiliary work inputs and outputs such as hybrid, turbo-
compounding, or thermoelectric systems to represent their in-use 
configurations, and use the same configuration for emission testing. 
See Figure 1 of Sec.  1065.210. This may involve configuring initial 
states of charge and rates and times of auxiliary-work inputs and 
outputs. We recommend that you contact the Designated Compliance 
Officer before testing to determine how you should configure any 
auxiliary-work inputs and outputs. 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. You may update an engine 
map at any time by repeating the engine-mapping procedure. You must map 
or re-map an engine before a test if any of the following apply:
    (1) If you have not performed an initial engine map.
    (2) If the atmospheric pressure near the engine's air inlet is not 
within 5 kPa of the atmospheric pressure recorded at the 
time of the last engine map.
    (3) If the engine or emission-control system has undergone changes 
that might affect maximum torque performance. This includes changing 
the configuration of auxiliary work inputs and outputs.
    (4) If you capture an incomplete map on your first attempt or you 
do not complete a map within the specified time tolerance. You may 
repeat mapping as often as necessary to capture a complete map within 
the specified time.
    (b) Mapping variable-speed engines. Map variable-speed engines as 
follows:
    (1) Record the atmospheric pressure.
    (2) Warm up the engine by operating it. We recommend operating the 
engine at any speed and at approximately 75% of the its expected 
maximum power. Continue the warm-up until either the

[[Page 40562]]

engine coolant, block, or head 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 idle speed.
    (4) Set operator demand to maximum and control engine speed at (95 
1)% of its warm idle speed for at least 15 seconds. For 
engines with reference duty cycles whose lowest speed is greater than 
warm idle speed, you may start the map at (95 1)% of the 
lowest reference speed.
    (5) Perform one of the following:
    (i) For any engine subject only to steady-state duty cycles (i.e., 
discrete-mode or ramped-modal), you may perform an engine map by using 
discrete speeds. Select at least 20 evenly spaced setpoints between 
warm idle and the highest speed above maximum mapped power at which (50 
to 75)% of maximum power occurs. If this highest speed is unsafe or 
unrepresentative (e.g, for ungoverned engines), use good engineering 
judgment to map up to the maximum safe speed or the maximum 
representative speed. At each setpoint, stabilize speed and allow 
torque to stabilize. Record the mean speed and torque at each setpoint. 
We recommend that you stabilize an engine for at least 15 seconds at 
each setpoint and record the mean feedback speed and torque of the last 
(4 to 6) seconds. Use linear interpolation to determine intermediate 
speeds and torques. Use this series of speeds and torques to generate 
the power map as described in paragraph (e) of this section.
    (ii) For any variable-speed engine, you may perform an engine map 
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 idle to the highest speed above maximum power at which (50 
to 75)% of maximum power occurs. If this highest speed is unsafe or 
unrepresentative (e.g, for ungoverned engines), use good engineering 
judgment to map up to the maximum safe speed or the maximum 
representative speed. 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 
speeds and torques 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 (b) of this section with minimum operator 
demand.
    (3) Determine the amount of negative torque required to motor the 
engine at the following two points: At warm idle and at the highest 
speed above maximum power at which (50 to 75)% of maximum power occurs. 
If this highest speed is unsafe or unrepresentative (e.g, for 
ungoverned engines), use good engineering judgment to map up to the 
maximum safe speed or the maximum representative speed. Operate the 
engine at these two points at minimum operator demand. Use linear 
interpolation to determine intermediate values.
    (d) Mapping constant-speed engines. For constant-speed engines, 
generate a map as follows:
    (1) Record the atmospheric pressure.
    (2) Warm up the engine by operating it. We recommend operating the 
engine at approximately 75% of the engine's expected maximum power. 
Continue the warm-up until either the engine coolant, block, or head 
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. Use either isochronous or speed-droop governor operation, as 
appropriate.
    (4) With the governor or simulated governor controlling speed using 
operator demand, operate the engine at no-load governed speed (at high 
speed, not low idle) for at least 15 seconds.
    (5) Record at 1 Hz the mean of feedback speed and torque. 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 speeds and 
torques 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) Measured and declared test speeds and torques. You may use test 
speeds and torques that you declare instead of measured speeds and 
torques if you declare them before engine mapping and they meet the 
criteria in this paragraph (f). Otherwise, you must use measured speed 
and torque.
    (1) Measured speeds and torques. Determine the applicable measured 
speeds and torques according to Sec.  1065.610:
    (i) Measured maximum test speed for variable-speed engines.
    (ii) Measured maximum test torque for constant-speed engines.
    (iii) Measured ``A'', ``B'', and ``C'' speeds for steady-state 
tests.
    (iv) Measured intermediate speed for steady-state tests.
    (2) Required declared speeds. You must declare the following 
speeds:
    (i) Warmed-up, low-idle speed for variable-speed engines. Declare 
this speed in a way that is representative of in-use operation. For 
example, if your engine is typically connected to an automatic 
transmission or a hydrostatic transmission, declare this speed at the 
idle speed at which your engine operates when the transmission is 
engaged.
    (ii) Warmed-up, no-load, high-idle speed for constant-speed 
engines.
    (3) Optional declared speeds. You may declare an enhanced idle 
speed according to Sec.  1065.610. You may use a declared value for any 
of the following as long as the declared value is within (97.5 to 
102.5)% of its corresponding measured value:
    (i) Measured maximum test speed for variable-speed engines.
    (ii) Measured intermediate speed for steady-state tests.
    (iii) Measured ``A'', ``B'', and ``C'' speeds for steady-state 
tests.
    (4) Declared torques. You may declare an enhanced idle torque 
according to Sec.  1065.610. You may declare maximum test torque as 
long as it is within (95 to 100)% of the measured value.
    (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

[[Page 40563]]

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 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 and to simulate the effects of transmissions 
such as automatic transmissions.
    (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 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 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 N[middot]m 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) For variable-speed engines, command reference speeds and 
torques sequentially to perform a duty cycle. Issue speed and torque 
commands at a frequency of at least 5 Hz for transient cycles and at 
least 1 Hz for steady-state cycles (i.e., discrete-mode and ramped-
modal). For transient cycles, linearly interpolate between the 1 Hz 
reference values specified in the standard-setting part to determine 
the 5 Hz reference speeds and torques. During an emission test, record 
the 1 Hz mean values of the reference speeds and torques and the 
feedback speeds and torques. Use these recorded values to calculate 
cycle-validation statistics and total work.
    (d) For constant-speed engines, operate the engine with the same 
production governor you used to map the engine in Sec.  1065.525 or 
simulate the in-use operation of a governor the same way you simulated 
it to map the engine in Sec.  1065.525. Command reference torque values 
sequentially to perform a duty cycle. Issue torque commands at a 
frequency of at least 5 Hz for transient cycles and at least 1 Hz for 
steady-state cycles (i.e, discrete-mode, ramped-modal). For transient 
cycles, linearly interpolate between the 1 Hz reference values 
specified in the standard-setting part to determine the 5 Hz reference 
torque values. During an emission test, record the 1 Hz mean values of 
the reference torques and the feedback speeds and torques. Use these 
recorded values to calculate cycle-validation statistics and total 
work.
    (e) 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 the engine's operation 
during the test adequately matched the reference duty cycle. This 
section applies only to speed, torque, and power from the engine's 
primary output shaft. Other work inputs and outputs are not subject to 
cycle-validation criteria. For any data required in this section, use 
the duty cycle 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 to 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) Calculating work. Before calculating work values, omit any 
points recorded during engine cranking and starting. Cranking and 
starting includes any time when an engine starter is engaged, any time 
when the engine is motored with a dynamometer for the sole purpose of 
starting the engine, and any time during operation before reaching idle 
speed. See Sec.  1065.525(a) and (b) for more information about engine 
cranking. After omitting points recorded during engine cranking and 
starting, but before omitting any points under paragraph (e) of this 
section, calculate total work, W, based on the feedback values and 
reference work, Wref, based on the reference values, as 
described in Sec.  1065.650.
    (e) Omitting additional points. Besides engine cranking, you may 
omit additional points from cycle-validation statistics as described in 
the following table:

[[Page 40564]]



  Table 1 of Sec.   1065.514.--Permissible Criteria for Omitting Points
                  From Duty-Cycle Regression Statistics
------------------------------------------------------------------------
 When operator demand is at
          its. . .              you may omit. . .          if. . .
------------------------------------------------------------------------
   For reference duty cycles that are specified in terms of speed and
                          torque (fnref, Tref).
------------------------------------------------------------------------
minimum.....................  power and torque....  Tref < 0%
                                                     (motoring).
minimum.....................  power and speed.....  fnref = 0% (idle)
                                                     and Tref = 0%
                                                     (idle) and Tref-(2%
                                                     \.\ Tmax mapped) <
                                                     T < Tref + (2% \.\
                                                     Tmax mapped).
minimum.....................  power and either      fn > fnref or T >
                               torque or speed.      Tref but not if fn
                                                     > fnref and T >
                                                     Tref.
maximum.....................  power and either      fn < fnref or T <
                               torque or speed.      Tref but not if fn
                                                     < fnef and T <
                                                     Tref.
-----------------------------
For reference duty cycles that are specified in terms of speed and power
                             (fnref, Pref).
------------------------------------------------------------------------
minimum.....................  power and torque....  Pref < 0%
                                                     (motoring).
minimum.....................  power and speed.....  fnref = 0% (idle)
                                                     and Pref = 0 %
                                                     (idle) and Pref -
                                                     (2% \.\ Pmax
                                                     mapped) < P < Pref
                                                     + (2% \.\ Pmax
                                                     mapped).
minimum.....................  power and either      fn > fnref or P >
                               torque or speed.      Pref but not if fn
                                                     > fnref and P >
                                                     Pref.
maximum.....................  power and either      fn < fnref or P <
                               torque or speed.      Pref but not if fn
                                                     < fnef and P <
                                                     Pref.
------------------------------------------------------------------------

    (f) Statistical parameters. Use the remaining points to calculate 
regression statistics described in Sec.  1065.602. Round calculated 
regression statistics to the same number of significant digits as the 
criteria to which they are compared. Refer to Table 2 of Sec.  1065.514 
for the criteria. Calculate the following regression statistics :
    (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, 
SEEfn, feedback torque, SET, and feedback power 
SEEP.
    (4) Coefficients of determination for feedback speed, 
r2fn, feedback torque, r2 
T, and feedback power r2 p.
    (g) Cycle-validation criteria. Unless the standard-setting part 
specifies otherwise, use the following criteria to validate a duty 
cycle:
    (1) For variable-speed engines, apply all the statistical criteria 
in Table 2 of this section.
    (2) For constant-speed engines, apply only the statistical criteria 
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,           <= 10% of warm idle....  <= 2.0% of maximum       <= 2.0% of maximum
 [bond]a0[bond].                                                 mapped torque.           mapped power.
Standard error of estimate, SEE......  <= 5.0% 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 according to 
Sec.  1065.590.
    (b) Unless the standard-setting part specifies different values, 
verify that ambient conditions are within the following tolerances 
before the test:
    (1) Ambient temperature of (20 to 30) [deg] C.
    (2) Atmospheric 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 intake-air humidity, and we may 
test engines at any intake-air humidity.
    (d) Verify that auxiliary-work inputs and outputs are configured as 
they were during engine mapping, as described inSec.  1065.510(a).
    (e) You may perform a final calibration of the speed, torque, and 
proportional-flow control systems, which may include performing 
practice duty cycles.
    (f) 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 at any speed 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 verifications on any idle 
equipment or analyzers during preconditioning.
    (7) Proceed with the test sequence described in Sec.  
1065.530(a)(1).
    (g) After the last practice or preconditioning cycle before an 
emission test, verify the amount of contamination in the HC sampling 
system as follows:
    (1) Select the HC analyzer range for measuring the flow-weighted 
mean concentration expected at the HC standard.
    (2) Zero the HC analyzer at the analyzer zero or sample port. Note 
that FID zero and span balance gases may be any combination of purified 
air or purified nitrogen that meets the

[[Page 40565]]

specifications of Sec.  1065.750. We recommend FID analyzer zero and 
span gases that contain approximately the flow-weighted mean 
concentration of O2 expected during testing.
    (3) Span the HC analyzer using span gas introduced at the analyzer 
span or sample port. Span on a carbon number basis of one 
(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 gas at the HC probe or into a fitting between the 
HC probe and its 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 during an additional preconditioning 
cycle or replacing contaminated portions:
    (i) 2% of the flow-weighted mean concentration expected at the 
standard.
    (ii) 2% of the flow-weighted mean concentration measured during 
testing.
    (iii) For any compression-ignition engines, any two-stroke spark 
ignition engines, or 4-stroke spark-ignition engines that are less than 
19 kW, 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 adequately charged battery or a suitable 
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. 
Stop cranking within 1 second of starting the engine.
    (b) If the engine does not start after 15 seconds 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 time after emission sampling begins 
for a transient test or ramped-modal cycle test, the test is void.
    (4) If the engine stalls at any time after emission sampling begins 
for a discrete mode in a discrete-mode duty cycle test, void the test 
or perform the following steps to continue the test:
    (i) Restart the engine.
    (ii) Use good engineering judgment to restart the test sequence 
using the appropriate steps in Sec.  1065.530(b)
    (iii) Precondition the engine at the previous discrete mode for a 
similar amount of time compared with how long it was initially run.
    (iv) Advance to the mode at which the engine stalled and continue 
with the duty cycle as specified in the standard-setting part.
    (v) Complete the remainder of the test according to the 
requirements in this subpart.
    (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(f):
    (i) For cold-start duty cycles, shut down the engine. Unless the 
standard-setting part specifies that you may only perform a natural 
engine cooldown, you may perform a forced engine cooldown. Use good 
engineering judgment to set up systems to send cooling air across the 
engine, to send cool oil through the engine lubrication system, to 
remove heat from coolant through the engine cooling system, and to 
remove heat from an exhaust aftertreatment system. In the case of a 
forced aftertreatment cooldown, good engineering judgment would 
indicate that you not start flowing cooling air until the 
aftertreatment system has cooled below its catalytic activation 
temperature. For platinum-group metal catalysts, this temperature is 
about 200 [deg]C. Once the aftertreatment system has naturally cooled 
below its catalytic activation temperature, good engineering judgment 
would indicate that you use clean air with a temperature of at least 15 
[deg]C, and direct the air through the aftertreatment system in the 
normal direction of exhaust flow. Do not use any cooling procedure that 
results in unrepresentative emissions (see Sec.  1065.10(c)(1)). You 
may start a cold-start duty cycle when the temperatures of an engine's 
lubricant, coolant, and aftertreatment systems are all 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 any steady-state testing, you may continue to 
operate the engine at fntest and 100% torque if that is the 
first operating point. Otherwise, operate the engine at warm, idle or 
the first operating point of the duty cycle. In any case, start the 
emission test 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, prepare the engine according to 
paragraph (a)(1)(i) of this section.
    (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, block, or head 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 idle or the first 
operating point of the duty cycle. Start the test within 10 min of 
achieving temperature stability. Determine temperature stability either 
as the point at which the engine coolant, block, or head absolute 
temperature is within 2% of its mean value for at least 2 
min, or as 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 and using good engineering judgment.
    (3) Start dilution systems, sample pumps, cooling fans, and the 
data-collection system.
    (4) Pre-heat or pre-cool heat exchangers in the sampling system to 
within their operating temperature tolerances for a test.
    (5) Allow heated or cooled components such as sample lines,

[[Page 40566]]

filters, chillers, and pumps to stabilize at their operating 
temperatures.
    (6) Verify that there are no significant vacuum-side leaks 
according to Sec.  1065.345.
    (7) Adjust the sample flow rates to desired levels, using bypass 
flow, if desired.
    (8) Zero or re-zero any electronic integrating devices, before the 
start of any test interval.
    (9) Select gas analyzer ranges. You may use analyzers that 
automatically switch ranges during a test only if switching is 
performed by changing the span over which the digital resolution of the 
instrument is applied. During a test you may not switch the gains of an 
analyzer's analog operational amplifier(s).
    (10) Zero and span all continuous analyzers using NIST-traceable 
gases that meet the specifications of Sec.  1065.750. Span FID 
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.
    (11) We recommend that you verify gas analyzer response after 
zeroing and spanning by flowing a calibration gas that has a 
concentration near one-half of the span gas concentration. Based on the 
results and good engineering judgment, you may decide whether or not to 
re-zero, re-span, or re-calibrate a gas analyzer before starting a 
test.
    (12) If you correct for dilution air background concentrations of 
engine exhaust constituents, start measuring and recording background 
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, perform the following for the various duty 
cycles.
    (i) Transient and steady-state ramped-modal cycles. Simultaneously 
start running the duty cycle, sampling exhaust gases, recording data, 
and integrating measured values.
    (ii) Steady-state discrete-mode cycles. Control speed and torque to 
the first mode in the test cycle. Follow the instructions in the 
standard-setting part to determine how long to stabilize engine 
operation at each mode and how long to sample emissions at each mode.
    (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) At 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 in the recorded data.
    (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) For any proportional batch sample, such as a bag sample or PM 
sample, verify that proportional sampling was maintained according to 
Sec.  1065.545. Void any samples that did not maintain proportional 
sampling according to Sec.  1065.545.
    (2) 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.
    (3) As soon as practical after the duty cycle is complete but no 
later than 30 minutes after the duty cycle is complete, perform the 
following:
    (i) Zero and span all batch gas analyzers.
    (ii) Analyze any gaseous batch samples, including background 
samples.
    (4) After quantifying exhaust gases, verify drift as follows:
    (i) For batch and continuous gas analyzers, 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.  1065.550.
    (h) Determine whether or not the test meets the cycle-validation 
criteria in Sec.  1065.514.
    (1) If the criteria void the test, you may retest using the same 
denormalized duty cycle, or you may re-map the engine, denormalize the 
reference duty cycle based on the new map and retest the engine using 
the new denormalized duty cycle.
    (2) If the criteria void the test for a constant-speed engine only 
during commands of maximum test torque, you may do the following:
    (i) Determine the first and last feedback speeds at which maximum 
test torque was commanded.
    (ii) If the last speed is greater than or equal to 90% of the first 
speed, the test is void. You may retest using the same denormalized 
duty cycle, or you may re-map the engine, denormalize the reference 
duty cycle based on the new map and retest the engine using the new 
denormalized duty cycle.
    (iii) If the last speed is less than 90% of the first speed, reduce 
maximum test torque by 5%, and proceed as follows:
    (A) Denormalize the entire duty cycle based on the reduced maximum 
test
    torque according to Sec.  1065.512.
    (B) Retest the engine using the denormalized test cycle that is 
based on the reduced maximum test torque.
    (C) If your engine still fails the cycle criteria, reduce the 
maximum test torque by another 5% of the original maximum test torque.
    (D) If your engine fails after repeating this procedure four times, 
such that your engine still fails after you have reduced the maximum 
test torque by 20% of the original maximum test torque, notify us and 
we will consider specifying a more appropriate duty cycle for your 
engine under the provisions of Sec.  1065.10(c).


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

    For any proportional batch sample such as a bag or PM filter, 
demonstrate that proportional sampling was maintained using one of the 
following, noting that you may omit up to 5% of the total number of 
data points as outliers:
    (a) For any pair of flow meters, use the 1 Hz (or more frequently) 
recorded sample and total flow rates with the statistical calculations 
in Sec.  1065.602. Determine the standard error of the estimate, SEE, 
of the sample flow rate versus the total flow rate. For each test 
interval, demonstrate that SEE was less than or equal to 3.5% of the 
mean sample flow rate.
    (b) For any pair of flow meters, use the 1 Hz (or more frequently) 
recorded sample and total flow rates to demonstrate that each flow rate 
was constant within 2.5% of its respective mean or target 
flow rate. You may use the following options instead of recording the 
respective flow rate of each type of meter:
    (1) Critical-flow venturi option. For critical-flow venturis, you 
may use the 1 Hz (or more frequently) recorded venturi-inlet 
conditions. Demonstrate that the flow density at the venturi inlet

[[Page 40567]]

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 
absolute temperature over each test interval.
    (2) Positive-displacement pump option. You may use the 1 Hz (or 
more frequently) recorded pump-inlet conditions. 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 absolute 
temperature over each test interval.
    (c) Using good engineering judgment, demonstrate with an 
engineering analysis that the proportional-flow control system 
inherently ensures proportional sampling under all circumstances 
expected during testing. For example, you might use CFVs for both 
sample flow and total flow and demonstrate that they always have the 
same inlet pressures and temperatures and that they always operate 
under critical-flow conditions.


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

    (a) Range validation. 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 lowest 
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.
    (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.
    (b) Drift validation and drift correction. Calculate two sets of 
brake-specific emission results. Calculate one set using the data 
before drift correction and the other set after correcting all the data 
for drift according to Sec.  1065.672. Use the two sets of brake-
specific emission results as follows:
    (1) If the difference between the corrected and uncorrected brake-
specific emissions are within 4% of the uncorrected results 
for all regulated emissions, the test is validated for drift. If not, 
the entire test is void.
    (2) If the test is validated for drift, you must use only the 
drift-corrected emission results when reporting emissions, unless you 
demonstrate to us that using the drift-corrected results adversely 
affects your ability to demonstrate whether or not your engine complies 
with the applicable standards.


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 verifications 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 an unused 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 (j) 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) If you use filters as sample media, load unused filters that 
have been tare-weighed into clean 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 
applied using a lint-free cloth. Depending upon your cassette material, 
ethanol (C2H5OH) might be an acceptable solvent. 
Your cleaning frequency will depend on your engine's level of PM and HC 
emissions.
    (j) 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 most 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 metal 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, the 
weight's 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 
atmospheric pressure.
    (6) Reweigh the calibration weight and record the stable balance 
reading.
    (7) Calculate the arithmetic mean of the two calibration-weight 
readings that you 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. This is the unused 
sample's tare weight without correcting for buoyancy.
    (8) Repeat these substitution-weighing steps for the remainder of 
your unused sample media.
    (9) Follow the instructions given in paragraphs (g) through (i) of 
this section.


Sec.  1065.595  PM sample post-conditioning and total weighing.

    (a) Make sure the weighing and PM-stabilization environments have 
met the periodic verifications in Sec.  1065.390.
    (b) In the PM-stabilization environment, remove PM samples from

[[Page 40568]]

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. A PM sample is stabilized as long as it has been in 
the PM-stabilization environment for one of the following durations, 
during which the stabilization environment has been within the 
specifications of Sec.  1065.190:
    (1) If you expect that a filter's total surface concentration of PM 
will be greater than about 0.473 mm/mm\2\, expose the filter to the 
stabilization environment for at least 60 minutes before weighing.
    (2) If you expect that a filter's total surface concentration of PM 
will be less than about 0.473 mm/mm\2\, expose the filter to the 
stabilization environment for at least 30 minutes before weighing.
    (3) If you are unsure of a filter's total surface concentration of 
PM, expose the filter to the stabilization environment for at least 60 
minutes before weighing.
    (f) Repeat the procedures in Sec.  1065.590(f) through (i) to weigh 
used PM samples. 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--
    (1) Use the signals recorded before, during, and after an emission 
test to calculate brake-specific emissions of each regulated 
constituent.
    (2) Perform calculations for calibrations and performance checks.
    (3) Determine statistical values.
    (b) You may use data from multiple systems to calculate test 
results for a single emission test, consistent with good engineering 
judgment. You may not use test results from multiple emission tests to 
report emissions. We allow weighted means where appropriate. You may 
discard statistical outliers, but you must report all results.
    (c) You may use any of the following calculations instead of the 
calculations specified in this subpart G:
    (1) Mass-based emission calculations prescribed by the 
International Organization for Standardization (ISO), according to ISO 
8178.
    (2) Other calculations that you show are equivalent to within 
0.1% of the brake-specific emission results determined 
using the calculations specified in this subpart G.


Sec.  1065.602  Statistics.

    (a) Overview. 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] TR13JY05.022
    
Example:

N = 3
y1 = 10.60
y2 = 11.91
yN = y3 = 11.09
[GRAPHIC] [TIFF OMITTED] TR13JY05.023

y<= = 11.20

    (c) Standard deviation. Calculate the standard deviation for a non-
biased (e.g., N-1) sample, [sigma], as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.024

Example:

N = 3
y1 = 10.60
y2 = 11.91
yN = y3 = 11.09
y<= = 11.20
[GRAPHIC] [TIFF OMITTED] TR13JY05.025

[sigma]y = 0.6619

    (d) Root mean square. Calculate a root mean square, 
rmsy, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.026

Example:

N = 3
y1 = 10.60
y2 = 11.91
yN = y3 = 11.09
[GRAPHIC] [TIFF OMITTED] TR13JY05.027

rmsy = 11.21
    (e) Accuracy. Calculate an accuracy, as follows, noting that the 
are arithmetic means, each determined by repeatedly measuring one 
sample of a single reference quantity,yref:
[GRAPHIC] [TIFF OMITTED] TR13JY05.028

Example:

yref = 1800.0
N = 10
[GRAPHIC] [TIFF OMITTED] TR13JY05.029

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, v, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.030


[[Page 40569]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.031

Example:

yref = 1205.3
y = 1123.8
[sigma]ref = 9.399
[sigma]y = 10.583
    Nref = 11
    N = 7
    [GRAPHIC] [TIFF OMITTED] TR13JY05.032
    
t = 16.63
[sigma]ref = 9.399
[sigma]y = 10.583
Nref = 11
N = 7
[GRAPHIC] [TIFF OMITTED] TR13JY05.033

v = 11.76

    (2) For a paired t-test, calculate the t statistic and its number 
of degrees of freedom, v, as follows, noting that the 
[epsi]i are the errors (e.g., differences) between each pair 
of yrefi and yi:
[GRAPHIC] [TIFF OMITTED] TR13JY05.034

Example:
[epsi]8 = -0.12580
N = 16
[sigma][epsiv] = 0.04837
[GRAPHIC] [TIFF OMITTED] TR13JY05.035

t = 10.403
v = N - 1

Example:

N = 16
[ngr] = 16 - 1
[ngr] = 15

    (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, [ngr] \1\
------------------------------------------------------------------------
                                                         Confidence
                       [ngr]                       ---------------------
                                                       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................................................      1.690      2.030
40................................................      1.684      2.021
50................................................      1.676      2.009
70................................................      1.667      1.994
100...............................................      1.660      1.984
1000+.............................................      1.645      1.960
------------------------------------------------------------------------
\1\ Use linear interpolation to establish values not shown here.

    (g) F-test. Calculate the F statistic as follows:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.036
    
Example:
[GRAPHIC] [TIFF OMITTED] TR13JY05.037

[GRAPHIC] [TIFF OMITTED] TR13JY05.038


[[Page 40570]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.039

F = 1.268

    (1) For a 90% confidence F-test, use Table 2 of this section to 
compareF to the Fcrit90 values tabulated versus (N-1) 
and(Nref-1). If F is less than Fcrit90, thenF 
passes the F-test at 90% confidence.
    (2) For a 95% confidence F-test, use Table 3 of this section to 
compareF to the Fcrit95 values tabulated versus (N-1) 
and(Nref-1). If F is less than Fcrit95, thenF 
passes the F-test at 95% confidence.
BILLING CODE 6560-50-P

[[Page 40571]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.017


[[Page 40572]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.018


[[Page 40573]]


BILLING CODE 6560-50-C
    (h) Slope. Calculate a least-squares regression 
slope,a1y, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.040

Example:

N = 6000
y1 = 2045.8
y = 1051.1
yref 1 = 2045.0
yref = 1055.3
[GRAPHIC] [TIFF OMITTED] TR13JY05.041

a1y = 1.0110

    (i) Intercept. Calculate a least-squares regression intercept, 
a0y, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.042

Example:

y = 1050.1
a1y = 1.0110
yref = 1055.3
a0y = 1050.1 - (1.0110 [middot] 1055.3)
a0y = 16.8083

    (j) Standard estimate of error. Calculate a standard estimate of 
error, SEE, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.043

Example:

N = 6000
y1 = 2045.8
a0y = -16.8083
a1y = 1.0110
yref1= 2045.0
[GRAPHIC] [TIFF OMITTED] TR13JY05.044

SEEy = 5.348

    (k) Coefficient of determination.Calculate a coefficient of 
determination, r2, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.045

Example:

N = 6000
y1 = 2045.8
a0y = 16.8083
a1y = 1.0110
yref1 = 2045.0
y = 1480.5

[[Page 40574]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.046

[GRAPHIC] [TIFF OMITTED] TR13JY05.174

    (l) Flow-weighted mean concentration. In some sections of this 
part, you may need to calculate a flow-weighted mean concentration to 
determine the applicability of certain provisions. A flow-weighted mean 
is the mean 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 mean concentration is the sum of the products of each recorded 
concentration times its respective exhaust molar flow rate, divided by 
the sum of the recorded flow rate values. As another example, the bag 
concentration from a CVS system is the same as the flow-weighted mean 
concentration because the CVS system itself flow-weights the bag 
concentration. You might already expect a certain flow-weighted mean 
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 mean concentration 
of an emission at its standard, we recommend using the following 
examples as a guide for how to estimate the flow-weighted mean 
concentration expected at the 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 mean raw exhaust NOX 
concentration from a turbocharged heavy-duty compression-ignition 
engine at a NOX standard of 2.5 g/(kW[middot]hr), you may do 
the following:
    (i) Based on your engine design, approximate a map of maximum 
torque versus speed 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]tdutycycle, 
to determine mean reference power, Pref.
    (ii) Based on your engine design, estimate maximum 
power,Pmax, the design speed at maximum power, 
fnmax, the design maximum intake manifold boost pressure, 
pinmax, and temperature, Tinmax. Also, estimate 
an mean fraction of power that is lost due to friction and pumping, 
Pfrict. Use this information along with the engine 
displacement volume, Vdisp, an approximate volumetric 
efficiency, [eta]V, and the number of engine strokes per 
power stroke (2-stroke or 4-stroke), Nstroke to estimate the 
maximum raw exhaust molar flow rate,nexhmax.
    (iii) Use your estimated values as described in the following 
example calculation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.047

[GRAPHIC] [TIFF OMITTED] TR13JY05.048

Example:

eNOX = 2.5 g/(kW [middot] hr)
Wref = 11.883 kW [middot] hr
MNOX = 46.0055 g/mol = 46.0055 [middot] 10-6 g/
[mu]mol
[Delta]tdutycycle = 20 min = 1200 s
P ref = 35.65 kW
P frict = 15%
Pmax = 125 kW
pmax = 300 kPa = 300000 Pa
Vdisp = 3.011 = 0.0030 m3
fnmax = 2800 rev/min = 46.67 rev/s
Nstroke = 4 1/rev
[eta]V = 0.9
R = 8.314472 J/(mol[middot]K)
Tmax = 348.15 K
[GRAPHIC] [TIFF OMITTED] TR13JY05.049

n exhmax = 6.53 mol/s
[GRAPHIC] [TIFF OMITTED] TR13JY05.050

X exp = 189.4 [mu]mol/mol

    (2) To estimate the flow-weighted mean 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 map of maximum 
torque versus speed 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 molar flow rate by the time interval 
of the duty cycle, [Delta]tdutycycle. The result is the 
total diluted exhaust flow of the ndexh.
    (iii) Use your estimated values as described in the following 
example calculation:

[[Page 40575]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.051

Example:
eNMHC = 1.5 g/(kW[middot]hr)
Wref = 5.389 kW[middot]hr
MNMHC = 13.875389 g/mol = 13.875389 [middot] 10-6 
g/[mu]mol
n dexh = 6.021 mol/s
[Delta]tdutycycle = 30 min = 1800 s
[GRAPHIC] [TIFF OMITTED] TR13JY05.052

X NMHC = 53.8 [mu]mol/mol

Sec.  1065.610  Duty cycle generation.

    This section describes how to generate duty cycles that are 
specific to your engine, based on the normalized duty cycles in the 
standard-setting part. During an emission test, use a duty cycle that 
is specific to your engine to command engine speed, torque, and power, 
as applicable, using an engine dynamometer and an engine operator 
demand. Paragraph (a) of this section describes how to ``normalize'' 
your engine's map to determine the maximum test speed and torque for 
your engine. The rest of this section describes how to use these values 
to ``denormalize'' the duty cycles in the standard-setting parts, which 
are all published on a normalized basis. Thus, the term ``normalized'' 
in paragraph (a) of this section refers to different values than it 
does in the rest of the section.
    (a) Maximum test speed, fntest. This section generally applies to 
duty cycles for variable-speed engines. For constant-speed engines 
subject to duty cycles that specify normalized speed commands, use the 
no-load governed speed as the measured fntest. This is the 
highest engine speed where an engine outputs zero torque. For variable-
speed engines, determine the measured fntest from the power-
versus-speed map, generated according to Sec.  1065.510, as follows:
    (1) Based on the map, determine maximum power, Pmax, and 
the speed at which maximum power occurred, fnPmax. Divide 
every recorded power by Pmax and divide every recorded speed 
by fnPmax. The result is a normalized power-versus-speed 
map. Your measured fntest is the speed at which the sum of 
the squares of normalized speed and power is maximum, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.053

Where:

fntest = maximum test speed.
i = an indexing variable that represents one recorded value of an 
engine map.
fnnormi = an engine speed normalized by dividing it by 
fnPmax.
Pnormi = an engine power normalized by dividing it by 
Pmax.

Example:

(fnnorm1 = 1.002, Pnorm1 = 0.978, fn1 
= 2359.71)
(fnnorm2 = 1.004, Pnorm2 = 0.977, fn2 
= 2364.42)
(fnnorm3 = 1.006, Pnorm3 = 0.974, fn3 
= 2369.13)
(fnnorm12 + Pnorm12) = 
(1.0022 + 0.9782) = 1.960
(fnnorm12 + Pnorm12) = 
(1.0042 + 0.9772) = 1.963
(fnnorm12 + Pnorm12) = 
(1.0062 + 0.9742) = 1.961 maximum = 1.963 at i = 
2
fntest = 2364.42 rev/min

    (2) For variable-speed engines, transform normalized speeds to 
reference speeds according to paragraph (c) of this section by using 
the measured maximum test speed determined according to paragraph 
(a)(1) of this section--or use your declared maximum test speed, as 
allowed in Sec.  1065.510.
    (3) For constant-speed engines, transform normalized speeds to 
reference speeds according to paragraph (c) of this section by using 
the measured no-load governed--speed or use your declared maximum test 
speed, as allowed in Sec.  1065.510.
    (b) Maximum test torque, Ttest. For constant-speed engines, 
determine the measured Ttest from the power-versus-speed 
map, generated according to Sec.  1065.510, as follows:
    (1) Based on the map, determine maximum power, Pmax, and 
the speed at which maximum power occurs, FnPmax. Divide 
every recorded power by Pmax and divide every recorded speed 
by FnPmax. The result is a normalized power-versus-speed 
map. Your measured Ttest is the speed at which the sum of 
the squares of normalized speed and power is maximum, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.054

Where:

Ttest = maximum test torque.

Example:

(fnnorm1 = 1.002, Pnorm1 = 0.978, T1 = 
722.62 N[sdot]m)
(fnnorm2 = 1.004, Pnorm2 = 0.977, T2 = 
720.44 N[sdot]m)
(fnnorm3 = 1.006, Pnorm3 = 0.974, T3 = 
716.80 N[sdot]m)
(fnnorm12 + Pnorm12) = 
(1.0022 + 0.9782) = 1.960
(fnnorm12 + Pnorm12) = 
(1.0042 + 0.9772) = 1.963
(fnnorm12 + Pnorm12) = 
(1.0062 + 0.9742) = 1.961 maximum = 1.963 at i = 
2
Ttest = 720.44 N[sdot]m

    (2) Transform normalized torques to reference torques according to 
paragraph (d) of this section by using the measured maximum test torque 
determined according to paragraph (b)(1) of this section--or use your 
declared maximum test torque, as allowed in Sec.  1065.510.
    (c) Generating reference speed values from normalized duty cycle 
speeds. Transform normalized speed values to reference values as 
follows:
    (1) % speed. If your normalized duty cycle specifies % speed 
values, use your declared warm idle speed and your maximum test speed 
to transform the duty cycle, as follows:

[[Page 40576]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.055

Example:

% speed = 85 %
fntest = 2364 rev/min
fnidle = 650 rev/min
fnref = 85 % [sdot] (2364 650 ) + 650
fnref = 2107 rev/min

    (2) A, B, and C speeds. If your normalized duty cycle specifies 
speeds 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:
[GRAPHIC] [TIFF OMITTED] TR13JY05.056

[GRAPHIC] [TIFF OMITTED] TR13JY05.057

[GRAPHIC] [TIFF OMITTED] TR13JY05.058

Example:

nlo = 1005 rev/min
nhi = 2385 rev/min
fnrefA = 0.25 [sdot] (2385 1005) + 1005
fnrefB = 0.50 [sdot] (2385 1005) + 1005
fnrefC = 0.75 [sdot] (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. This is peak torque 
speed. Identify your reference intermediate speed as one of the 
following values:
    (i) Peak torque speed if it is between (60 and 75) % of maximum 
test speed.
    (ii) 60% of maximum test speed if peak torque speed is less than 
60% of maximum test speed.
    (iii) 75% of maximum test speed if peak torque speed is greater 
than 75% of maximum test speed.
    (d) Generating reference torques from normalized duty-cycle 
torques. Transform normalized torques to reference torques using your 
map of maximum torque versus speed.
    (1) Reference 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 each speed point.
    (2) Reference torque for constant-speed engines. Multiply a % 
torque value by your maximum test torque. The result is the reference 
torque for each point. Note that if your constant-speed engine is 
subject to duty cycles that specify normalized speed commands, use the 
provisions of paragraph (d)(1) of this section to transform your 
normalized torque values.
    (3) Permissible deviations for any engine. If your engine does not 
operate below a certain minimum torque under normal in-use conditions, 
you may use a declared minimum torque as the reference value instead of 
any value denormalized to be less than the declared value. 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 useCITT 
as a reference value instead of 0 N[middot]m.
    (e) Generating reference power values from normalized duty cycle 
powers. Transform normalized power values to reference speed and power 
values using your map of maximum power versus speed.
    (1) First transform normalized speed values into reference speed 
values. For a given speed point, multiply the corresponding % power by 
the maximum test power defined in the standard-setting part. The result 
is the reference power for each speed point. You may calculate a 
corresponding reference torque for each point and command that 
reference torque instead of a reference power.
    (2) If your engine does not operate below a certain power under 
normal in-use conditions, you may use a declared minimum power as the 
reference value instead of any value denormalized to be less than the 
declared value. 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% power), you may use a 
corresponding idle power as a reference power instead of 0 kW.


Sec.  1065.630  1980 international gravity formula.

    The acceleration of Earth's gravity, ag, varies 
depending on your location. Calculate ag at your latitude, 
as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.059

Where:

[thetas] = Degrees north or south latitude.

Example:

[thetas] = 45[deg]
ag = 9.7803267715 [middot] (1+
5.2790414 [middot] 10-3 [middot] sin2 (45) +
2.32718 [middot] 10-5 [middot]sin 4 (45) +
1.262 [middot] 10-7 [middot]sin 6 (45) +
7 [middot] 10-10 [middot]sin 8 (45)
ag = 9.8178291229 m/s2


Sec.  1065.640  Flow meter calibration calculations.

    This section describes the calculations for calibrating various 
flow meters. After you calibrate a flow meter using these calculations, 
use the calculations described in Sec.  1065.642 to calculate flow 
during an emission test. Paragraph (a) of this section first describes 
how to convert reference flow meter outputs for use in the calibration 
equations, which are presented on a molar basis. The remaining 
paragraphs describe the calibration calculations that are specific to 
certain types of flow meters.

[[Page 40577]]

    (a) Reference meter conversions. The calibration equations in this 
section 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, Vstdref, actual volume rate, 
Vactref, or mass rate, mref, convert your 
reference meter output to a molar flow rate using the following 
equations, noting that while values for volume rate, mass rate, 
pressure, temperature, and molar mass may change during an emission 
test, you should ensure that they are as constant as practical for each 
individual set point during a flow meter calibration:
[GRAPHIC] [TIFF OMITTED] TR13JY05.060


Where:

n ref = reference molar flow rate.
V stdref = reference volume flow rate, corrected to a 
standard pressure and a standard temperature.
V actref = reference volume flow rate at the actual pressure 
and temperature of the flow rate.
m ref = reference mass flow.
Pstd = standard pressure.
Pact = actual pressure of the flow rate.
Tstd = standard temperature.
Tact = actual temperature of the flow rate.
R = molar gas constant.
Mmix = molar mass of the flow rate.

Example 1:

V stdref = 1000.00 ft3/min = 0.471948 m/s
P = 29.9213 in Hg @ 32 [deg]F = 101325 Pa
T = 68.0 [deg]F = 293.15 K
R = 8.314472 J/(mol[sdot]K)
[GRAPHIC] [TIFF OMITTED] TR13JY05.061

n ref = 19.169 mol/s

Example 2:

m ref = 17.2683 kg/min = 287.805 g/s
Mmix = 28.7805 g/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.062

n ref =10.0000 mol/s
    (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 
(m3/rev):
[GRAPHIC] [TIFF OMITTED] TR13JY05.063

Example:

n ref = 25.096 mol/s
R = 8.314472 J/(mol[sdot]K)
T in = 299.5 K
P in = 98290 Pa
f nPDP = 1205.1 rev/min = 20.085 rev/s
[GRAPHIC] [TIFF OMITTED] TR13JY05.064

Vrev = 0.03166 m3/rev
    (2) PDP slip correction factor, Ks (s/rev):
    [GRAPHIC] [TIFF OMITTED] TR13JY05.065
    
Example:
f nPDP = 1205.1 rev/min = 20.085 rev/s
P out = 100.103 kPa
P in= 98.290 kPa
[GRAPHIC] [TIFF OMITTED] TR13JY05.066

Ks = 0.006700 s/rev

    (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 (b)(1) through (3) of this 
section for every speed that you run your PDP.
    (5) The following example illustrates these calculations:

      Table 1 of Sec.   1065.640.--Example of PDP Calibration Data
------------------------------------------------------------------------
                      f nPDP                            a1         a0
------------------------------------------------------------------------
755.0.............................................      50.43      0.056
987.6.............................................      49.86     -0.013
1254.5............................................      48.54      0.028
1401.3............................................      47.30     -0.061
------------------------------------------------------------------------

    (6) For each speed at which you operate the PDP, use the 
corresponding slope, a1, andintercept, ao, to 
calculate flow rate during emission testing as described in Sec.  
1065.642.
    (c) Venturi governing equations and permissible assumptions. This 
section describes the governing equations and permissible assumptions 
for calibrating a venturi and calculating flow using a venturi. Because 
a subsonic venturi (SSV) and a critical-flow venturi (CFV) both operate 
similarly, their governing equations are nearly the same, except for 
the equation describing their pressure ratio, r (i.e., rSSV 
versus rCFV). These governing equations assume one-
dimensional isentropic inviscid compressible flow of an ideal gas. In 
paragraph (c)(4) of this section, we describe other assumptions that 
you may make, depending upon how you conduct your emission tests. If we 
do not allow you to assume that the measured flow is an ideal gas, the 
governing equations include a first-order correction for the behavior 
of a real gas; namely, the compressibility factor, Z. If good 
engineering judgment dictates using a value other than Z=1, you may 
either use an appropriate equation of state to determine values of Z as 
a function of measured pressures and temperatures, or you may develop 
your own calibration equations based on good engineering judgment. Note 
that the equation for the flow coefficient, Cf, is based on 
the ideal gas assumption that the isentropic exponent, [gamma], is 
equal to the ratio of specific heats, Cp/Cv. If 
good engineering judgment dictates using a real gas isentropic 
exponent, you may either use an appropriate equation of state to 
determine values of [gamma] as a function of measured pressures and 
temperatures, or you may develop your own calibration equations based 
on good engineering judgment. Calculate molar flow rate, n, as follows:

[[Page 40578]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.067

Where:

Cd = Discharge coefficient, as determined in paragraph 
(c)(1) of this section.
Cf = Flow coefficient, as determined in paragraph (c)(2) of 
this section.
At = Venturi throat cross-sectional area.
Pin = Venturi inlet absolute static pressure.
Z = Compressibility factor.
Mmix = Molar mass of gas mixture.
R = Molar gas constant.
Tin = Venturi inlet absolute temperature.

    (1) Using the data collected in Sec.  1065.340, calculate 
Cd using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.068

Where:

nref = A reference molar flow rate.

    (2) Determine Cf using one of the following methods:
    (i) For CFV flow meters only, determine CfCFV from the 
following table based on your values for [bgr]b and [ggr], using linear 
interpolation to find intermediate values:

 Table 2 of Sec.   1065.640.--CfCFV Versus [bgr] and [ggr] for CFV Flow
                                 Meters
------------------------------------------------------------------------
                            CfCFV                              [ggr]dexh
--------------------------------------------------------------     =
                                                     [ggr]exh   [ggr]air
                       [bgr]                         = 1.385    =  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
------------------------------------------------------------------------

    (ii) For any CFV or SSV flow meter, you may use the following 
equation to calculate Cf:
[GRAPHIC] [TIFF OMITTED] TR13JY05.069

Where:

[ggr] = isentropic exponent. For an ideal gas, this is the ratio of 
specific heats of the gas mixture, Cp/Cv.
r = Pressure ratio, as determined in paragraph (c)(3) of this section.
[bgr] = Ratio of venturi throat to inlet diameters.

    (3) Calculate r as follows:
    (i) For SSV systems only, calculate rSSV using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.070

Where:

[b.Delta]pSSV = Differential static pressure; venturi inlet 
minus venturi throat.

    (ii) For CFV systems only, calculate rCFV iteratively 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.071

    (4) You may make any of the following simplifying assumptions of 
the governing equations, or you may use good engineering judgment to 
develop more appropriate values for your testing:
    (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 [ggr] =1.385.

[[Page 40579]]

    (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 [ggr] = 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] TR13JY05.072

Example:

Mair = 28.96559 g/mol
xH2O = 0.0169 mol/mol
MH2O = 18.01528 g/mol
Mmix = 28.96559 x (1 0.0169) + 18.01528 x 0.0169
Mmix = 28.7805 g/mol

    (v) For the full range of diluted exhaust and air, you may assume a 
constant molar mass of the mixture, Mmix, for all 
calibration and all testing as long as your assumed molar mass differs 
no more than 1% from the estimated minimum and maximum 
molar mass during calibration and testing. You may assume this, using 
good engineering judgment, if you sufficiently control the amount of 
water in calibration air and in dilution air or if you remove 
sufficient water from both calibration air and dilution air. The 
following table gives examples of permissible ranges of dilution air 
dewpoint versus calibration air dewpoint:

  Table 3 of Sec.   1065.640.--Examples of Dilution Air and Calibration
         Air Dewpoints at Which you May Assume a Constant Mmix.
------------------------------------------------------------------------
                                      assume the      for the following
                                       following       ranges of Tdew
If calibration Tdew ([deg]C) is...   constant Mmix     ([deg]C) during
                                      (g/mol)...       emission testsa
------------------------------------------------------------------------
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 emission testing over the
  atmospheric pressure range (80.000 to 103.325) kPa.

    (5) The following example illustrates the use of the governing 
equations to calculate the discharge coefficient, Cd of an 
SSV flow meter at one reference flow meter value. Note that calculating 
Cd for a CFV flow meter would be similar, except that 
Cf would be determined from Table 1 of this section or 
calculated iteratively using values of [bgr] and [ggr] as described in 
paragraph (c)(2) of this section.

Example:

nref = 57.625 mol/s
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol[middot]K)
Tin = 298.15 K
At = 0.01824 m2
pin = 99132.0 Pa
[gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa
[GRAPHIC] [TIFF OMITTED] TR13JY05.073

[GRAPHIC] [TIFF OMITTED] TR13JY05.074

Cf = 0.274
[GRAPHIC] [TIFF OMITTED] TR13JY05.075

Cd = 0.981

    (d) SSV calibration. Perform the following steps to calibrate an 
SSV flow meter:
    (1) Calculate the Reynolds number, Re, for each 
reference molar flow rate, using the throat diameter of the venturi, 
dt. Because the dynamic viscosity, [mu], is needed to 
compute Re, you may use your own fluid viscosity 
model to determine [mu] for your calibration gas (usually air), using 
good engineering judgment. Alternatively, you may use the Sutherland 
three-coefficient viscosity model to approximate [mu], as shown in the 
following sample calculation for Re:
[GRAPHIC] [TIFF OMITTED] TR13JY05.076

Where, using the Sutherland three-coefficient viscosity model:

[[Page 40580]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.077

Where:

[mu] = Dynamic viscosity of calibration gas.
[mu]0 = Sutherland reference viscosity.
T0 = Sutherland reference temperature.
S = Sutherland constant.

                                  Table 3 of Sec.   1065.640.--Sutherland Three-Coefficient Viscosity Model Parameters
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              [mu]0  kg/(m [middot]                     Temp range within  2% error  K      Pressure limit  kPa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air........................................................      1.716 [middot] 10-5      273      111              170 to 1900                  <= 1800
CO2........................................................      1.370 [middot] 10-5      273      222              190 to 1700                  <= 3600
H2O........................................................       1.12 [middot] 10-5      350     1064              360 to 1500                 <= 10000
O2.........................................................      1.919 [middot] 10-5      273      139              190 to 2000                  <= 2500
N2.........................................................      1.663 [middot] 10-5      273      107              100 to 1500                  <= 1600
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use tabulated parameters only for the pure gases, as listed. Do not combine parameters in calculations to calculate viscosities of gas mixtures.

Example:

[mu]0 = 1.7894 [middot] 10-5 kg/(m[middot]s)
T0 = 273.11 K
S = 110.56 K
[GRAPHIC] [TIFF OMITTED] TR13JY05.078

[mu] = 1.916 [middot] 10-5 kg/(m[middot]s)
Mmix = 28.7805 g/mol
nref = 57.625 mol/s
dt = 152.4 mm
Tin = 298.15 K
[GRAPHIC] [TIFF OMITTED] TR13JY05.079

Re = 7.2317 [middot] 105
    (2) Create an equation for Cd versus 
Re, using paired values of (Re, 
Cd). For the equation, you may use any mathematical 
expression, including a polynomial or a power series. The following 
equation is an example of a commonly used mathematical expression for 
relating Cd and Re:
[GRAPHIC] [TIFF OMITTED] TR13JY05.080

    (3) Perform a least-squares regression analysis to determine the 
best-fit coefficients to the equation and calculate the equation's 
regression statistics, SEE and r2, accordingto Sec.  
1065.602.
    (4) If the equation meets the criteria of SEE < 0.5% [middot] 
nrefmax and r2 >= 0.995, you may use the equation 
to determine Cd for emission tests, as described in Sec.  
1065.642.
    (5) If the SEE and r2 criteria are not met, you may use 
good engineering judgment to omit calibration data points to meet the 
regression statistics. You must use at least seven calibration data 
points to meet the criteria.
    (6) If omitting points does not resolve outliers, take corrective 
action. For example, select another mathematical expression for the 
Cd versus Re equation, check for leaks, 
or repeat the calibration process. If you must repeat the process, we 
recommend applying tighter tolerances to measurements and allowing more 
time for flows to stabilize.
    (7) Once you have an equation that meets the regression criteria, 
you may use the equation only to determine flow rates that are within 
the range of the reference flow rates used to meet the Cd 
versus Re equation's regression criteria.
    (e) CFV calibration. Some CFV flow meters consist of a single 
venturi and some consist of multiple venturis, where different 
combinations of venturis are used to meter different flow rates. For 
CFV flow meters that consist of multiple venturis, either calibrate 
each venturi independently to determine a separate discharge 
coefficient, Cd, for each venturi, or calibrate each 
combination of venturis as one venturi. In the case where you calibrate 
a combination of venturis, use the sum of the active venturi throat 
areas as At, the sum of the active venturi throat diameters 
as dt, and the ratio of venturi throat to inlet diameters as 
the ratio of the sum of the active venturi throat diameters to the 
diameter of the common entrance to all of the venturis. To determine 
the Cd for a single venturi or a single combination of 
venturis, perform the following steps:
    (1) Use the data collected at each calibration set point to 
calculate an individual Cd for each point using Eq. 
1065.640-4.
    (2) Calculate the mean and standard deviation of all the 
Cd values according to Eqs. 1065.602-1 and 1065.602-2.
    (3) If the standard deviation of all the Cd values is 
less than or equal to 0.3% of the mean Cd, then use the mean 
Cd in Eq 1065.642-6, and use the CFV only down to the lowest 
[Delta]pCFV measured during calibration.
    (4) If the standard deviation of all the Cd values 
exceeds 0.3% of the mean Cd, omit the Cd values 
corresponding to the data point collected at the lowest 
[Delta]pCFV measured during calibration.
    (5) If the number of remaining data points is less than seven, take 
corrective action by checking your calibration data or repeating the 
calibration process. If you repeat the calibration process, we 
recommend checking for leaks, applying tighter tolerances to 
measurements and allowing more time for flows to stabilize.
    (6) If the number of remaining Cd values is seven or 
greater, recalculate

[[Page 40581]]

the mean and standard deviation of the remaining Cd values.
    (7) If the standard deviation of the remaining Cd values 
is less than or equal to 0.3 % of the mean of the remaining 
Cd, use that mean Cd in Eq 1065.642-6, and use 
the CFV values only down to the lowest [Delta]pCFV 
associated with the remaining Cd.
    (8) If the standard deviation of the remaining Cd still 
exceeds 0.3% of the mean of the remaining Cd values, repeat 
the steps in paragraph (e)(4) through (8) of this section.


Sec.  1065.642  SSV, CFV, and PDP molar flow rate calculations.

    This section describes the equations for calculating molar flow 
rates from various flow meters. After you calibrate a flow meter 
according to Sec.  1065.640, use the calculations described in this 
section to calculate flow during an emission test.
    (a) PDP molar flow rate. Based upon the speed at which you operate 
the PDP for a test interval, select the corresponding slope, 
a1, and intercept, a0, as calculated in Sec.  
1065.640, to calculate molar flow rate, n, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.081

Where:
[GRAPHIC] [TIFF OMITTED] TR13JY05.082

Example:

a1 = 50.43
fnPDP = 755.0 rev/min = 12.58 rev/s
pout = 99950 Pa
pin = 98575 Pa
a0 = 0.056
R = 8.314472 J/(mol[middot]K)
Tin = 323.5 K
Cp = 1000 (J/m3)/kPa
Ct = 60 s/min
[GRAPHIC] [TIFF OMITTED] TR13JY05.083

vrev = 0.06389 m3/rev
[GRAPHIC] [TIFF OMITTED] TR13JY05.084

n = 29.464 mol/s

    (b) SSV molar flow rate. Based on the Cd versus 
Re equation you determined according to Sec.  
1065.640, calculate SSV molar flow rate, nbnb 
during an emission test as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.085

Example:

At = 0.01824 m2
pin = 99132 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol[middot]K)
Tin = 298.15 K
Re = 7.232[middot]105
[b.gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa

Using Eq. 1065.640-6,

rssv = 0.997

Using Eq. 1065.640-5,

Cf = 0.274

Using Eq. 1065.640-4,

Cd = 0.990
[GRAPHIC] [TIFF OMITTED] TR13JY05.086

n= 58.173 mol/s

    (c) CFV molar flow rate. Some CFV flow meters consist of a single 
venturi and some consist of multiple venturis, where different 
combinations of venturis are used to meter different flow rates. If you 
use multiple venturis and you calibrated each venturi independently to 
determine a separate discharge coefficient, Cd, for each 
venturi, calculate the individual molar flow rates through each venturi 
and sum all their flow rates to determine n. If you use multiple 
venturis and you calibrated each combination of venturis, calculate 
using the sum of the active venturi throat areas as At, the 
sum of the active venturi throat diameters as dt, and the 
ratio of venturi throat to inlet diameters as the ratio of the sum of 
the active venturi throat diameters to the diameter of the common 
entrance to all of the venturis. To calculate the molar flow rate 
through one venturi or one combination of venturis, use its respective 
mean Cd and other constants you determined according to 
Sec.  1065.640 and calculate its molar flow rate n during an emission 
test, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.087

Example:
Cd = 0.985
Cf = 0.7219
At = 0.00456 m2
pin = 98836 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol[middot]K)
Tin = 378.15 K
n = 0.985[middot]0.712
[GRAPHIC] [TIFF OMITTED] TR13JY05.088


[[Page 40582]]


n = 33.690 mol/s


Sec.  1065.645  Amount of water in an ideal gas.

    This section describes how to determine the amount of water in an 
ideal gas, which you need for various performance verifications and 
emission calculations. Use the equation for the vapor pressure of water 
in paragraph (a) of this section or another appropriate equation and, 
depending on whether you measure dewpoint or relative humidity, perform 
one of the calculations in paragraph (b) or (c) of this section.
    (a) Vapor pressure of water. Calculate the vapor pressure of water 
for a given saturation temperature condition, Tsat, as 
follows, or use good engineering judgment to use a different 
relationship of the vapor pressure of water to a given saturation 
temperature condition:
    (1) For humidity measurements made at ambient temperatures from (0 
to 100) [deg]C, or for humidity measurements made over super-cooled 
water at ambient temperatures from (-50 to 0) [deg]C, use the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.089

Where:

pH20 = vapor pressure of water at saturation temperature 
condition, kPa.
Tsat = saturation temperature of water at measured 
conditions, K.

Example:
Tsat = 9.5 [deg]C
Tdsat= 9.5 + 273.15 = 282.65 K
[GRAPHIC] [TIFF OMITTED] TR13JY05.090

-log10(pH20) = -0.074297
pH20 = 10\0.074297\ = 1.1866 kPa

    (2) For humidity measurements over ice at ambient temperatures from 
(-100 to 0) [deg]C, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.091

Example:

Tice = -15.4 [deg]C
Tice = -15.4 + 273.15 = 257.75 K
[GRAPHIC] [TIFF OMITTED] TR13JY05.092

-log10(pH20) = -0.79821
pH20 = 10\0.074297\ = 0.15941 kPa

    (b) Dewpoint. If you measure humidity as a dewpoint, determine the 
amount of water in an ideal gas, xH20, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.093

Where:

xH20 = amount of water in an ideal gas.
pH20 = water vapor pressure at the measured dewpoint, 
Tsat = Tdew.
pabs = wet static absolute pressure at the location of your 
dewpoint measurement.

Example:

pabs = 99.980 kPa
Tsat = Tdew = 9.5 [deg]C
Using Eq. 1065.645-2,
pH20 = 1.1866 kPa
xH2O = 1.1866/99.980
xH2O = 0.011868 mol/mol
    (c) Relative humidity. If you measure humidity as a relative 
humidity, RH%, determine the amount of water in an ideal gas, 
xH20, as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.094

Where:

xH20 = amount of water in an ideal gas.
RH% = relative humidity.
pH20 = water vapor pressure at 100% relative humidity at the 
location of your relative humidity measurement, Tsat = 
Tamb.
Pabs = wet static absolute pressure at the location of your 
relative humidity measurement.

Example:

RH% = 50.77%
pabs = 99.980 kPa
Tsat = Tamb = 20 [deg]C
Using Eq. 1065.645-2,
pH20 = 2.3371 kPa
xH2O = (50.77% [middot] 2.3371)/99.980
xH2O = 0.011868 mol/mol

[[Page 40583]]

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 alternative ways to 
calculate brake-specific emissions, as follows:
    (1) For any testing, you may calculate the total mass of emissions, 
as described in paragraph (b) of this section, and divide it by the 
total work generated over the test interval, as described in paragraph 
(c) of this section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.095

Example:

mNOX = 64.975 g
W = 25.783 kW[middot]hr
eNOX = 64.975/25.783
eNOX = 2.520 g/(kW[middot]hr)

    (2) For discrete-mode steady-state testing, you may calculate the 
ratio of emission mass rate to power, as described in paragraph (d) of 
this section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.096

    (3) For field testing, you may calculate the ratio of total mass to 
total work, where these individual values are determined as described 
in paragraph (e) of this section. You may also use this approach for 
laboratory testing, consistent with good engineering judgment. This is 
a special case in which you use a signal linearly proportional to raw 
exhaust molar 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. Under this method, flow 
meters need not meet accuracy specifications, but they must meet the 
applicable linearity and repeatability specifications in subpart D or 
subpart J of this part. The result is a brake-specific emission value 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.097

Example:

m = 805.5 g
w = 52.102 kW[middot]hr
eCO = 805.5/52.102
eCO = 2.520 g/(kW[middot]hr)

    (b) Total mass of emissions. To calculate the total mass of an 
emission, multiply a concentration by its respective flow. For all 
systems, make preliminary calculations as described in paragraph (b)(1) 
of this section, then use the method in paragraphs (b)(2) through (4) 
of this section that is appropriate for your system. Calculate the 
total mass of emissions as follows:
    (1) Concentration corrections. Perform the following sequence of 
preliminary calculations on recorded concentrations:
    (i) Correct all concentrations measured on a ``dry'' basis to a 
``wet'' basis, including dilution air background concentrations, as 
described in Sec.  1065.659.
    (ii) Calculate all HC concentrations, including dilution air 
background concentrations, as described in Sec.  1065.660.
    (iii) For emission testing with an oxygenated fuel, calculate any 
HC concentrations, including dilution air background concentrations, as 
described in Sec.  1065.665. See subpart I of this part for testing 
with oxygenated fuels.
    (iv) Correct the total mass of NOX based on intake-air 
humidity as described in Sec.  1065.670.
    (v) Calculate brake-specific emissions before and after correcting 
for drift, including dilution air background concentrations, according 
to Sec.  1065.672.
    (2) Continuous sampling. For continuous sampling, you must 
frequently record a continuously updated concentration signal. You may 
measure this concentration from a changing flow rate or a constant flow 
rate (including discrete-mode steady-state testing), as follows:
    (i) Varying flow rate. 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 to be 
examples of changing flows that require a continuous multiplication of 
concentration times molar 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.Calculate m 
for continuous sampling with variable flow using the following 
equations:
[GRAPHIC] [TIFF OMITTED] TR13JY05.098

Example:

MNMHC = 13.875389 g/mol
N = 1200
xNMHC1 = 84.5 [mu]mol/mol = 84.5 [middot] 10-6 
mol/mol
xNMHC2 = 86.0 [mu]mol/mol = 86.0 [middot] 10-6 
mol/mol
nexh1 = 2.876 mol/s
nexh2 = 2.224 mol/s
frecord = 1 Hz

Using Eq. 1065.650-5,

[Delta]t = 1/1 = 1 s
mNMHC = 13.875389 [middot] (84.5 [middot] 10-6 
[middot] 2.876 + 86.0 [middot] 10-6 [middot]2.224 + ... + 
xNMHC1200 [middot] nexh) [middot] 1
mNMHC = 25.23 g

    (ii) Constant flow rate. If you continuously sample from a constant 
exhaust flow rate, calculate the mean concentration recorded over the 
test interval and treat the mean as a batch sample, as described in 
paragraph (b)(3)(ii) of this section. We consider the following to be 
examples of 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. For batch sampling, the concentration is a 
single value from a proportionally extracted batch sample (such as a 
bag, filter, impinger, or cartridge). In this case, 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) Varying flow rate. If you collect a batch sample from a 
changing exhaust flow rate, extract a sample proportional to the 
changing exhaust flow rate. We consider the following to be examples of 
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, M. The result is the mass of the emission, m. In the 
case of PM emissions, where

[[Page 40584]]

the mean PM concentration is already in units of mass per mole of 
sample, MPM, simply multiply it by the total flow. The 
result is the total mass of PM, mPM. Calculate m for batch 
sampling with variable flow using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.099

Example:

MNOX = 46.0055 g/mol
N = 9000
xNOX = 85.6 [mu]mol/mol = 85.6 [middot] 10-6 mol/
mol
ndexhl = 25.534 mol/s
ndexh2 = 26.950 mol/s
frecord = 5 Hz
Using Eq. 1065.650-5,
[Delta]t = 1/5 = 0.2
mNOX = 46.0055 [middot] 85.6 [middot] 10-6 
[middot] (25.534 + 26.950 + ... +nexh9000) [middot] 0.2
mNOX = 4.201 g

    (ii) Constant flow rate. If you batch sample from a constant 
exhaust flow rate, extract a sample at a constant flow rate. We 
consider the following to be examples of 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 molar 
flow rate from which you extracted the constant flow rate sample. 
Multiply the mean concentration of the batch sample by the mean molar 
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 it by the total flow, and the result is 
the total mass of PM, mPM, Calculate m for sampling with 
constant flow using the following equations:
[GRAPHIC] [TIFF OMITTED] TR13JY05.100


and for PM or any other analysis of a batch sample that yields a mass 
per mole of sample,
[GRAPHIC] [TIFF OMITTED] TR13JY05.101

Example:

MPM = 144.0 [mu]g/mol = 144.0 [middot] 10-6 g/mol
n dexh = 57.692 mol/s
[Delta]t = 1200 s
mPM = 144.0 [middot] 10-6 [middot] 57.692 
[middot] 1200
mPM = 9.9692 g

    (4) Additional provisions for diluted exhaust sampling; continuous 
or batch. The following additional provisions apply for sampling 
emissions from diluted exhaust:
    (i) For sampling with a constant dilution ratio (DR) of air flow 
versus exhaust flow (e.g., secondary dilution for PM sampling), 
calculate m using the following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.102

Example:

mPMdil = 6.853 g
DR = 5:1
mPM = 6.853 [middot] (5 + 1)
mPM = 41.118 g

    (ii) For continuous or batch sampling, you may measure background 
emissions in the dilution air. You may then subtract the measured 
background emissions, as described in Sec.  1065.667.
    (c) Total work. To calculate total work, multiply the feedback 
engine speed by its respective feedback torque. Integrate the resulting 
value for power over a test interval. Calculate total work as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.103

[GRAPHIC] [TIFF OMITTED] TR13JY05.104

Example:

N = 9000
fn1 = 1800.2 rev/min
fn2 = 1805.8 rev/min
T1 = 177.23 N[middot]m
T2 = 175.00 N[middot]m
Crev = 2 [middot] [pi] rad/rev
Ct1 = 60 s/min
Cp = 1000 (N[middot]m)/kW
frecord = 5 Hz
Ct2 = 3600 s/hr
[GRAPHIC] [TIFF OMITTED] TR13JY05.105

P1 = 33.41 kW
P2 = 33.09 kW

Using Eq. 1065.650-5,
[Delta]t = 1/5 = 0.2 s
[GRAPHIC] [TIFF OMITTED] TR13JY05.106

W = 16.875 kW[middot]hr

    (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 mean steady-state mass 
rate of the emission, m, and the mean steady-state power, P, as 
follows:
    (1) To calculate, m, multiply its mean concentration, x, by its 
corresponding mean molar flow rate, n. 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, 
mPM. 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 it by the mean molar flow rate, n. The 
result is the mass rate of PM,m PM. Calculate m using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.107

    (2) Calculate P using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.108
    
    (3) Ratio of mass and work. Divide emission mass rate by power to 
calculate a brake-specific emission result as described in paragraph 
(a)(2) of this section.
    (4) Example. The following example shows how to calculate mass of 
emissions using mean mass rate and mean power:

MCO = 28.0101 g/mol
x CO = 12.00 mmol/mol = 0.01200 mol/mol
n = 1.530 mol/s
fn = 3584.5 rev/min = 375.37 rad/s
T = 121.50 N[middot]m
m = 28.0101[middot]0.01200[middot]1.530
m = 0.514 g/s
P = 121.5[middot]375.37
P = 45607 W = 45.607 kW
eCO = 0.514/45.61
eCO = 0.0113 g/(kW[middot]hr)

    (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.
    (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 molar flow rate, n, or the 
total flow, n, with a signal that is linearly proportional to molar 
flow rate, n, or linearly proportional to total flow, n, as follows:

[[Page 40585]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.109

    (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 molar flow rate, n, in paragraph 
(e)(1) of this section. Calculate a value proportional to total work as 
follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.110

Where:
[GRAPHIC] [TIFF OMITTED] TR13JY05.111

    (3) Divide the value proportional to total mass by the value 
proportional to total work to determine brake-specific emissions, as 
described in paragraph (a)(3) of this section.
    (4) The following example shows how to calculate mass of emissions 
using proportional values:

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 = 14119.2 mol/hr
xCproddry1 = 91.634 mmol/mol = 0.091634 mol/mol
xH2O1 = 27.21 mmol/mol = 0.02721 mol/mol
Using 1065.650-5,
[Delta]t = 0.2 s
[GRAPHIC] [TIFF OMITTED] TR13JY05.112

W = 5.09  (kW[middot]hr)

    (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, such as g/(hp[middot]hr). See the definition 
of ``Round'' in Sec.  1065.1001.


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 flows, the amount of water in their flows, and the 
wet concentration of constituents in their flows. With one 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 either intake air or fuel flow to determine raw 
exhaust flow.
    (b) Procedures that require chemical balances. We require chemical 
balances when you determine the following:
    (1) A value proportional to total work, W, 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, 
xH2O, when you do not measure the amount of water to correct 
for the amount of water removed by a sampling system. Correct for 
removed water according to Sec.  1065.659(c)(2).
    (3) The flow-weighted mean fraction of dilution air in diluted 
exhaust x dil, when you do not measure dilution air flow to 
correct for background emissions as described inSec.  1065.667(c). Note 
that if you use chemical balances for this purpose, you are assuming 
that your exhaust is stoichiometric, even if it is not.
    (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, xdil, and the amount of products on a 
C1 basis per dry mole of dry measured flow, 
xCproddry. For each emission 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; for example: 
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 estimate a split in your 
total NOX concentration 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 that your 
molar concentration of NOX, xNOX, is 75% NO and 
25% NO2 For NO2 storage aftertreatment systems, 
you may assume xNOX is 25% NO and 75% NO2. Note 
that for calculating the mass of NOX emissions, you must use 
the molar mass of NO2 for the effective molar mass of all 
NOX species, regardless of the actual NO2 
fraction of NOX.
    (2) Enter the equations in paragraph (c)(4) of this section into a 
computer program to iteratively solve for xH2O and 
xCproddry. If you measure raw exhaust flow, set 
xdil equal to zero. If you measure diluted exhaust flow, 
iteratively solve for xdil. Use good engineering judgment to 
guess initial values for xH2O, xCproddry, and 
xdil. We

[[Page 40586]]

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 xdil between 0.75 and 
0.95, such as 0.8. Iterate values in the system of equations until the 
most recently updated guesses are all within 1% of their 
respective most recently calculated values.
    (3) Use the following symbols and subscripts in the equations for 
this paragraph (c):

xH2O = Amount of water in measured flow.
xH2Odry = Amount of water per dry mole of measured flow.
xCproddry = Amount of carbon products on a C1 
basis per dry mole of measured flow.
xdil = Fraction of dilution air in measured flow, assuming 
stoichiometric exhaust; or xdil = excess air for raw 
exhaust.
xprod/intdry = Amount of dry stoichiometric products per dry 
mole of intake air.
xO2proddry = 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.
xH2O[emission]meas = Amount of water at emission-detection 
location. Measure or estimate these values according to Sec.  
1065.145(d)(2).
xH2Oint = Amount of water in the intake air, based on a 
humidity measurement of intake air.
xH2Odil = Amount of water in dilution air, based on a 
humidity measurement of intake air.
xO2airdry = Amount of oxygen per dry mole of air. Use 
xO2airdry= 0.209445 mol/mol.
xCO2airdry = Amount of carbon dioxide per dry mole of air. 
Use xCO2airdry = 375 mol/mol.
[alpha] = Atomic hydrogen-to-carbon ratio in fuel.
[beta] = Atomic oxygen-to-carbon ratio in fuel.

    (4) Use the following equations to iteratively solve for 
xH2O and xCproddry:
[GRAPHIC] [TIFF OMITTED] TR13JY05.113

[GRAPHIC] [TIFF OMITTED] TR13JY05.114

[GRAPHIC] [TIFF OMITTED] TR13JY05.115

[GRAPHIC] [TIFF OMITTED] TR13JY05.116

[GRAPHIC] [TIFF OMITTED] TR13JY05.117

[GRAPHIC] [TIFF OMITTED] TR13JY05.118

[GRAPHIC] [TIFF OMITTED] TR13JY05.119

[GRAPHIC] [TIFF OMITTED] TR13JY05.120

[GRAPHIC] [TIFF OMITTED] TR13JY05.121

[GRAPHIC] [TIFF OMITTED] TR13JY05.122


[[Page 40587]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.123

[GRAPHIC] [TIFF OMITTED] TR13JY05.124

[GRAPHIC] [TIFF OMITTED] TR13JY05.125

    (5) The following example is a solution for xH2O and 
xCproddry using the equations in paragraph (c)(4) of this 
section:
[GRAPHIC] [TIFF OMITTED] TR13JY05.126

[GRAPHIC] [TIFF OMITTED] TR13JY05.127

[GRAPHIC] [TIFF OMITTED] TR13JY05.128


[[Page 40588]]


[GRAPHIC] [TIFF OMITTED] TR13JY05.129

[GRAPHIC] [TIFF OMITTED] TR13JY05.130

[GRAPHIC] [TIFF OMITTED] TR13JY05.131

xO2airdry = 0.209445 mol/mol
xCO2airdry = 375 mol/mol
[alpha] = 1.8
[beta] = 0.05

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
----------------------------------------------------------------------------------------------------------------
                                                                                                  Carbon mass
                      Fuel                        Atomic hydrogen and oxygen-to-carbon ratios    concentration,
                                                               CH[alpha] O[beta]                     wCg/g
----------------------------------------------------------------------------------------------------------------
Gasoline........................................  CH1.85O0                                                 0.866
2 Diesel...............................  CH1.80O0                                                 0.869
1 Diesel...............................  CH1.93O0                                                 0.861
Liquified Petroleum Gas.........................  CH2.64O0                                                 0.819
Natural gas.....................................  CH3.78O0.016                                             0.747
Ethanol.........................................  CH3O0.5                                                  0.521
Methanol........................................  CH4O1                                                    0.375
----------------------------------------------------------------------------------------------------------------

    (d) Calculated raw exhaust molar flow rate from measured intake air 
molar flow rate or fuel mass flow rate. You may calculate the raw 
exhaust molar flow rate from which you sampled emissions,n 
exh, based on the measured intake air molarflow rate, 
nint, or the measured fuel mass flow rate, m 
fuel, and the values calculated using the chemical balance 
in paragraph (c) of this section. Solve for the chemical balance in 
paragraph (c) of this section at the same frequency that you update and 
recordn int orm fuel.
    (1) Crankcase flow rate. You may calculate raw exhaust flow based 
on n int or m fuel only if at least one of the 
following is true about your crankcase emission flow rate:
    (i) Your test engine has a production emission-control system with 
a closed crankcase that routes crankcase flow back to the intake air, 
downstream of your intake air flow meter.
    (ii) During emission testing you route open crankcase flow to the 
exhaust according to Sec.  1065.130(g).
    (iii) You measure open crankcase emissions and flow, and you add 
the masses of crankcase emissions to your brake-specific emission 
calculations.
    (iv) Using emission data or an engineering analysis, you can show 
that neglecting the flow rate of open crankcase emissions does not 
adversely affect your ability to demonstrate compliance with the 
applicable standards.
    (2) Intake air molar flow rate calculation. Based on n 
int, calculate n exh as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.132

Where:
n exh= raw exhaust molar flow rate from which you measured 
emissions.
n int =intake air molar flow rate including humidity in 
intake air.

Example:

n int= 3.780 mol/s
xH20int = 16.930 mmol/mol = 0.016930 mol/mol
xprod/intdry = 0.93382 mol/mol
xH20dry = 130.16 mmol/mol = 0.13016 mol/mol
xdil = 0.20278 mol/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.133


[[Page 40589]]


nexh =4.919 mol/s

    (3) Fuel mass flow rate calculation. Based on m fuel, 
calculate n exh as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.134

Where:

n exh= raw exhaust molar flow rate from which you measured 
emissions.
m fuel= intake air molar flow rate including humidity in 
intake air.

Example:

m fuel= 6.023 g/s
wC = 0.869 g/g
MC = 12.0107 g/mol
xCproddry = 125.58 mmol/mol = 0.12558 mol/mol
xH20dry = 130.16 mmol/mol = 0.13016 mol/mol
xdil = 0.20278 mol/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.135

n exh = 4.919 mol/s


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 and absolute pressure downstream of the 
water removal location and calculate the amount of water remaining as 
described in Sec.  1065.645.
    (2) When saturated water vapor conditions exist at a given 
location, you may use the measured temperature at that location as the 
dewpoint for the downstream flow. If we ask, you must demonstrate how 
you know that saturated water vapor conditions exist. Use good 
engineering judgment to measure the temperature at the appropriate 
location to accurately reflect the dewpoint of the flow.
    (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 comes from raw exhaust, 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 comes from diluted exhaust, 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 equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.136


Example:

xCOmeas = 29.0 [mu]mol/mol
xH2OxCOmeas = 8.601 mmol/mol = 0.008601 mol/mol
xH2O = 34.04 mmol/mol = 0.03404 mol/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.137

xCO = 28.3 [mu]mol/mol


Sec.  1065.660  THC and NMHC determination.

    (a) THC determination. If we require you to determine THC 
emissions, calculate xTHC using the initial THC 
contamination concentration xTHCinit from Sec.  1065.520 as 
follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.138

Example:

xTHCuncor = 150.3 [mu]mol/mol
xTHCinit = 1.1 [mu]mol/mol
xTHCcor = 150.3 - 1.1
xTHCcor = 149.2 [mu]mol/mol

    (b) NMHC determination. Use one of the following to determine NMHC 
emissions, xNMHC.
    (1) Report xNMHC as 0.98  xTHC if you 
did not measure CH4, or if the result of paragraph (b)(2) or 
(3) of this section is greater than the result using this paragraph 
(b)(1).
    (2) For nonmethane cutters, calculate xNMHC using the 
nonmethane cutter's penetration fractions (PF) of CH4 and 
C2H6 from Sec.  1065.365, and using the initial 
NMHC contamination concentration xNMHCinit from Sec.  
1065.520 as follows:

[[Page 40590]]

[GRAPHIC] [TIFF OMITTED] TR13JY05.139

Where:

xNMHC = concentration of NMHC.
PFCH4 = nonmethane cutter CH4 penetration 
fraction, according to Sec.  1065.365.
xTHC = concentration of THC, as measured by the THC FID.
RFCH4 = response factor of THC FID to CH4, 
according to Sec.  1065.360.
xCH4 = concentration of methane, as measured downstream of 
the nonmethane cutter.
PFC2H6 = nonmethane cutter CH4 penetration 
fraction, according to Sec.  1065.365.
xNMHCinit = initial NMHC contamination concentration, 
according to Sec.  1065.520.

Example:

PFCH4 = 0.990
xTHC = 150.3 [mu]mol/mol
RFCH4 = 1.05
xCH4 = 20.5 [mu]mol/mol
PFC2H6 = 0.020
xNMHCinit = 1.1 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.140


xNMHC = 130.1 [mu]mol/mol

    (3) For a gas chromatograph, calculate xNMHC using the 
THC analyzer's response factor (RF) for CH4, from Sec.  
1065.360, and using the initial NMHC contamination concentration 
xNMHCinit from Sec.  1065.520 as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY05.141

Example:
xTHC = 145.6 [mu]mol/mol
RFCH4 = 0.970
xCH4 = 18.9 [mu]mol/mol
xNMHCinit = 1.1 [mu]mol/mol
xNMHC = 145.6 - 0.970 [middot] 18.9 - 1.1
xNMHC = 126.2 [mu]mol/mol


Sec.  1065.665  THCE and NMHCE determination.

    (a) If you measured an oxygenated hydrocarbon's mass concentration 
(per mole of exhaust), first calculate its molar concentration by 
dividing its mass concentration by the effective molar mass of the 
oxygenated hydrocarbon, then multiply each oxygenated hydrocarbon's 
molar concentration by its respective number of carbon atoms per 
molecule. Add these C1-equivalent molar concentrations to 
the molar concentration of NOTHC. The result is the molar concentration 
of THCE. Calculate THCE concentration using the following equations:
[GRAPHIC] [TIFF OMITTED] TR13JY05.142

[GRAPHIC] [TIFF OMITTED] TR13JY05.143

[GRAPHIC] [TIFF OMITTED] TR13JY05.144

Where:

xOHCi = The C1-equivalent concentration of 
oxygenated species i in diluted exhaust.
xTHC = The C1-equivalent FID response to NOTHC 
and all OHC in diluted exhaust.
RFOHCi = The response factor of the FID to species i 
relative to propane on a C1-equivalent basis.
C = the mean number of carbon atoms in the 
particular compound.

    (b) If we require you to determine NMHCE, use the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR13JY05.145

    (c) The following example shows how to determine NMHCE emissions 
based on ethanol (C2H5OH) and methanol 
(CH3OH) molar concentrations, and acetaldehyde 
(C2H4O) and formaldehyde (HCHO) as mass 
concentrations:

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
xC2H4O = 0.841/44.05256 [sdot] 1000
xC2H4O = 19.1 [mu]mol/mol
xHCHO = 39/30.02598
xHCHO = 1.3 [mu]mol/mol
xNMHCE = 127.3 + 2 [sdot] 100.8 + 25.5 + 2 [sdot] 19.1 + 1.3
xNMHCE = 393.9 [mu]mol/mol


Sec.  1065.667  Dilution air background emission correction.

    (a) 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 mean fraction of

[[Page 40591]]

dilution air in diluted exhaust, xdil. Multiply the total 
flow of dilution air by the mean concentration of a background 
emission. This may be a time-weighted mean or a flow-weighted mean 
(e.g., a proportionally sampled background). The product of 
ndil and the mean concentration of a background emission 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, multiply it by the total amount of dilution air, and 
the result is the total background mass of PM, mPM. Subtract 
total background masses from 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 emission 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 mean fraction of dilution air in diluted 
exhaust, xdil. Calculate xdil using flow-weighted 
mean 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 emission 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 this error might affect your ability to show that 
your engines comply with applicable standards, 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 mean 
fraction of dilution air in diluted exhaust, xdil, and the 
total mass of background emissions calculated using the total flow of 
diluted exhaust, ndexh, as described in Sec.  1065.650(b) :
[GRAPHIC] [TIFF OMITTED] TR13JY05.146

[GRAPHIC] [TIFF OMITTED] TR13JY05.147

Example:

MNOx = 46.0055 g/mol
xbkgnd = 0.05 [mu]mol/mol = 0.05[middot]10-6 mol/
mol
ndexh = 23280.5 mol
xdil = 0.843
mbkgndNOxdexh = 46.0055 [middot] 0.05 [middot] 
10-6 [middot] 23280.5
mbkgndNOxdexh = 0.0536 g
mbkgndNOx = 0.843 [middot] 0.0536
mbkgndNOx = 0.0452 g


Sec.  1065.670  NOX intake-air humidity and temperature 
corrections.

    See the standard-setting part to determine if you may correct 
NOX emissions for the effects of intake-air humidity or 
temperature. Use the NOX intake-air humidity andtemperature 
corrections specified in the standard-setting part instead of the 
NOX intake-air humidity correction specified in this part 
1065. If the standard-setting part allows correcting NOX 
emissions for intake-air humidity according to this part 1065, first 
apply any NOX corrections for background emissions and water 
removal from the exhaust sample, then correct NOX 
concentrations for intake-air humidity using one of the following 
approaches:
    (a) Correct for intake-air humidity using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.148
    
Example:
xNOxuncor = 700.5 [mu]mol/mol
xH2O = 0.022 mol/mol
xNOxcor = 700.5 [middot] (9.953 [middot] 0.022 + 0.832)
xNOxcor = 736.2 [mu]mol/mol

    (b) Develop your own correction, based on good engineering 
judgment.


Sec.  1065.672  Drift correction.

    (a) Scope and frequency. Perform the calculations in this section 
to determine if gas analyzer drift invalidates the results of a test 
interval. If drift does not invalidate the results of a test interval, 
correct that test interval's gas analyzer responses for drift according 
to this section. Use the drift-corrected gas analyzer responses in all 
subsequent emission calculations. Note that the acceptable threshold 
for gas analyzer drift over a test interval is specified in Sec.  
1065.550 for both laboratory testing and field testing.
    (b) Correction principles. The calculations in this section utilize 
a gas analyzer's responses to reference zero and span concentrations of 
analytical gases, as determined sometime before and after a test 
interval. The calculations correct the gas analyzer's responses that 
were recorded during a test interval. The correction is based on an 
analyzer's mean responses to reference zero and span gases, and it is 
based on the reference concentrations of the zero and span gases 
themselves. Validate and correct for drift as follows:
    (c) Drift validation. After applying all the other corrections-
except drift correction-to all the gas analyzer signals, calculate 
brake-specific emissions according to Sec.  1065.650. Then correct all 
gas analyzer signals for drift according to this section. Recalculate 
brake-specific emissions using all of the drift-corrected gas analyzer 
signals. Validate and report the brake-specific

[[Page 40592]]

emission results before and after drift correction according to Sec.  
1065.550.
    (d) Drift correction. Correct all gas analyzer signals as follows:
    (1) Correct each recorded concentration, xi, for 
continuous sampling or for batch sampling, x.
    (2) Correct for drift using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.149
    
Where:

xidriftcorrected = concentration corrected for drift.
xrefzero = reference concentration of the zero gas, which is 
usually zero unless known to be otherwise.
xrefspan = reference concentration of the span gas.
xprespan = pre-test interval gas analyzer response to the 
span gas concentration.
xpostspan = post-test interval gas analyzer response to the 
span gas concentration.
xi or x = concentration recorded during test, before drift 
correction.
xprezero = pre-test interval gas analyzer response to the 
zero gas concentration.
xpostzero = post-test interval gas analyzer response to the 
zero gas concentration.

Example:
xrefzero = 0 [mu]mol/mol
xrefspan = 1800.0 [mu]mol/mol
xprespan = 1800.5 [mu]mol/mol
xpostspan = 1695.8 [mu]mol/mol
xi or x = 435.5 [mu]mol/mol
xprezero = 0.6 [mu]mol/mol
xpostzero = -5.2 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TR13JY05.150

xidriftcorrected = 450.8 [mu]mol/mol

    (3) For any pre-test interval concentrations, use concentrations 
determined most recently before the test interval. For some test 
intervals, the most recent pre-zero or pre-span might have occurred 
before one or more previous test intervals.
    (4) For any post-test interval concentrations, use concentrations 
determined most recently after the test interval. For some test 
intervals, the most recent post-zero or post-span might have occurred 
after one or more subsequent test intervals.
    (5) If you do not record any pre-test interval analyzer response to 
the span gas concentration, xprespan, set 
xprespan equal to the reference concentration of the span 
gas:

xprespan = xrefspan.

    (6) If you do not record any pre-test interval analyzer response to 
the zero gas concentration, xprezero, set 
xprezero equal to the reference concentration of the zero 
gas:

xprezero = xrefzero.

    (7) Usually the reference concentration of the zero gas, 
xrefzero, is zero: xrefzero = 0 [mu]mol/mol. 
However, in some cases you might you know that xrefzero has 
a non-zero concentration. For example, if you zero a CO2 
analyzer using ambient air, you may use the default ambient air 
concentration of CO2, which is 375 [mu]mol/mol. In this 
case, xrefzero = 375 [mu]mol/mol. Note that when you zero an 
analyzer using a non-zero xrefzero, you must set the 
analyzer to output the actual xrefzero concentration. For 
example, if xrefzero = 375 [mu]mol/mol, set the analyzer to 
output a value of 375 [mu]mol/mol when the zero gas is flowing to the 
analyzer.


Sec.  1065.675  CLD quench verification 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 and CO2 in the 
exhaust you sample, xH2Oexp and xCO2exp, 
respectively, by considering the maximum expected amounts of water in 
combustion air, fuel combustion products, and dilution air 
concentrations (if applicable).
    (c) Calculate water quench as follows:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.151
    
Where:
quench = amount of CLD quench.

xNOdry = measured concentration of NO upstream of a bubbler, 
according to Sec.  1065.370.
xNOwet = measured concentration of NO downstream of a 
bubbler, according to Sec.  1065.370.
xH2Oexp = expected maximum amount of water entering the CLD 
sample port during emission testing.
xH2Omeas = measured amount of water entering the CLD sample 
port during the quench verification specified in Sec.  1065.370.
xNO,CO2 = measured concentration of NO when NO span gas is 
blended with

[[Page 40593]]

CO2 span gas, according to Sec.  1065.370.
xNO,N2 = measured concentration of NO when NO span gas is 
blended with N2 span gas, according to Sec.  1065.370.
xCO2exp = expected maximum amount of CO2 entering 
the CLD sample port during emission testing.
xCO2meas = measured amount of CO2 entering the 
CLD sample port during the quench verification specified in Sec.  
1065.370.

Example:
xNOdry = 1800.0 [mu]mol/mol
xNOwet = 1760.5 [mu]mol/mol
xH2Oexp = 0.030 mol/mol
xH2Omeas = 0.017 mol/mol
xNO,CO2 = 1480.2 [mu]mol/mol
xNO,N2 = 1500.8 [mu]mol/mol
xCO2exp = 2.00%
xCO2meas = 3.00%
[GRAPHIC] [TIFF OMITTED] TR13JY05.152

quench = -0.00888 - 0.00915 = -1.80%


Sec.  1065.690  Buoyancy correction for PM sample media.

    (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 for only (0.01 to 0.10)% of the total 
weight. A correction to this small fraction of mass would be at the 
most 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, as follows:
    (1) For PTFE-coated borosilicate glass, use a sample media density 
of 2300 kg/m3.
    (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 of 920 kg/m3.
    (3) For PTFE membrane (film) media with an integral support ring of 
PTFE, use a sample media density of 2144 kg/m3.
    (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 primarily 
function of atmospheric pressure. We therefore specify a buoyancy 
correction that is only a function of atmospheric pressure. Using good 
engineering judgment, you may develop and use your own buoyancy 
correction that includes the effects of temperature and dewpoint on 
density in addition to the effect of atmospheric pressure.
    (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/m3, 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. Correct the PM sample media for 
buoyancy using the following equations:
[GRAPHIC] [TIFF OMITTED] TR13JY05.153

Where:

mcor = PM mass corrected for buoyancy.
muncor = PM mass uncorrected for buoyance.
[rho]air = density of air in balance environment.
pweight = density of calibration weight used to span 
balance.
pmedia = density of PM sample media, such as a filter.
[GRAPHIC] [TIFF OMITTED] TR13JY05.154

Where:
pabs = absolute pressure in balance environment.
Mmix = molar mass of air in balance environment.
R = molar gas constant.
Tamb = absolute ambient temperature of balance environment.

Example:
pabs = 99.980 kPa
Tsat = Tdew = 9.5 [deg]C
Using Eq. 1065.645-2,
pH20 = 1.1866 kPa
Using Eq. 1065.645-3,
xH2O = 0.011868 mol/mol
Using Eq. 1065.640-8,
Mmix = 28.83563 g/mol
R = 8.314472 J/(mol[sdot]K)
Tamb = 20 [deg]C
[GRAPHIC] [TIFF OMITTED] TR13JY05.155

pair = 1.18282 kg/m3
muncorr = 100.0000 mg
pweight = 8000 kg/m3
pmedia = 920 kg/m3
[GRAPHIC] [TIFF OMITTED] TR13JY05.156

mcor = 100.1139 mg


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 format used to apply for certification or 
demonstrate compliance. We may require different information for 
different purposes, such as for certification applications, approval 
requests for alternate procedures, 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, and we may ask 
you for other information as allowed under the Act:

[[Page 40594]]

    (1) What approved alternate 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.
    (ii) Probes, dilution, transfer lines, and sample preconditioning 
components.
    (iii) Batch storage media (such as the bag material or PM filter 
material).
    (3) What measurement instruments did you use? For example, the 
make, model, and description of the following:
    (i) Speed and 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? 
Consider the following examples:
    (i) Dates, hours, duty cycle and fuel used for service 
accumulation.
    (ii) Dates and description of scheduled and unscheduled 
maintenance.
    (iii) Allowable pressure range of intake restriction.
    (iv) Allowable pressure range of exhaust restriction.
    (v) Charge air cooler volume.
    (vi) Charge air cooler outlet temperature, specified engine 
conditions and location of temperature measurement.
    (vii) Fuel temperature and location of measurement.
    (viii) Any aftertreatment system configuration and description.
    (ix) 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 sampling; any dilution-air background sampling.
    (v) Duty cycle and test intervals.
    (vi) Cold-start, hot-start, warmed-up running.
    (vii) Absolute pressure, temperature, and dewpoint of intake and 
dilution air.
    (viii) Simulated engine loads, curb idle transmission torque value.
    (ix) Warm-idle speed value and 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 of coolant, head, and block.
    (xv) Natural or forced cool-down and cool-down time.
    (xvi) Canister 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: maximum test speed.
    (vi) Speed versus torque map.
    (vii) Speed versus power map.
    (viii) Brake-specific emissions over the duty cycle and each test 
interval.
    (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) Alternate 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 (such as the bag material or PM filter 
material).
    (iv) Continuous or batch sampling for each emission.
    (v) Raw or dilute sampling; 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., identify the testing 
laboratory).
    (xi) Proportional sampling validation.
    (xii) Drift validation.
    (xiii) Operating temperatures of coolant, head, and block.
    (xiv) Vehicle make, model, model year, identification number.

Subpart H--Engine Fluids, Test Fuels, Analytical Gases and Other 
Calibration Standards


Sec.  1065.701  General requirements for test fuels.

    (a) General. For all emission measurements, use test fuels that 
meet the specifications in this subpart, unless the standard-setting 
part directs otherwise. Section 1065.10(c)(1) does not apply with 
respect to test fuels. Note that the standard-setting parts generally 
require that you design your emission controls to function properly 
when using commercially available fuels, even if they differ from the 
test fuel.
    (b) Fuels meeting alternate specifications. 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 using commercially available fuels.
    (c) Fuels not specified in this subpart. If you produce engines 
that run on a type of fuel (or mixture of fuels) that we do not specify 
in this subpart, you must get our written approval to establish the 
appropriate test fuel. You must show us all the following things before 
we can specify a different test fuel for your engines:
    (1) Show that this type of fuel is commercially available.
    (2) Show that your engines will use only the designated fuel in 
service.

[[Page 40595]]

    (3) Show that operating the engines on the fuel we specify would 
unrepresentatively increase emissions or decrease durability.
    (d) Fuel specifications. The fuel parameters specified in this 
subpart depend on measurement procedures that are incorporated by 
reference. For any of these procedures, you may instead rely upon the 
procedures identified in 40 CFR part 80 for measuring the same 
parameter. For example, we may identify different reference procedures 
for measuring gasoline parameters in 40 CFR 80.46.
    (e) Service accumulation and field testing fuels. If we do not 
specify a service-accumulation or field-testing fuel in the standard-
setting part, use an appropriate commercially available fuel such as 
those meeting minimum ASTM specifications from the following table:

          Table 1 of Sec.   1065.701.--Specifications for Service-Accumulation and Field-Testing Fuels
----------------------------------------------------------------------------------------------------------------
               Fuel type                               Subcategory                    ASTM specification \1\
----------------------------------------------------------------------------------------------------------------
Diesel................................  Light distillate and light blends with    D975-04c
                                         residual.
                                        Middle distillate.......................  D6751-03a
                                        Biodiesel (B100)........................  D6985-04a
Gasoline..............................  Motor vehicle and minor oxygenate blends  D4814-04b
                                        Ethanol (Ed75-85).......................  D5798-99
                                        Methanol (M70-M85)......................  D5797-96
Aviation fuel.........................  Aviation gasoline.......................  D910-04a
                                        Gas turbine.............................  D1655-04a
                                        Jet B wide cut..........................  D6615-04a
Gas turbine fuel......................  General.................................  D2880-03
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM specifications are incorporated by reference in Sec.   1065.1010.

Sec.  1065.703  Distillate diesel fuel.

    (a) Distillate diesel fuels for testing must be clean and bright, 
with pour and 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    Reference procedure
               Item                          Units             Ultra low sulfur           Low sulfur             High sulfur                \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cetane Number.....................  ......................  40-50                   40-50                   40-50                  ASTM D 613-03b
Distillation range:
    Initial boiling point.........  [deg]C................  171-204                 171-204                 171-204                ASTM D 86-04b
    10 pct. point.................  ......................  204-238                 204-238                 204-238
    50 pct. point.................  243-282...............  243-282                 243-282
    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. (Remainder      g/kg..................  100                     100                     100                    ASTM D 5186-03
 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 445-04
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other allowed procedures.

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.

[[Page 40596]]



                       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 point....  [deg]C................  24-35 2.........  24-36...........  ASTM D 86-04b
    10% point................  ......do..............  49-57...........  37-48...........
    50% point................  ......do..............  93-110..........  82-101..........
    90% point................  ......do..............  149-163.........  158-174.........
    End point................  ......do..............  Maximum, 213....  Maximum, 212....
Hydrocarbon composition:
    1. Olefins...............  mm3/m3................  Maximum, 100,000  Maximum, 175,000  ASTM D 1319-03
    2. Aromatics.............  ......do..............  Maximum, 350,000  Maximum, 304,000
    3. Saturates.............  ......do..............  Remainder.......  Remainder.......
Lead (organic)...............  g/liter...............  Maximum, 0.013..  Maximum, 0.013..  ASTM D 3237-02
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...................  60.0-63.4 2 3...  77.2-81.4.......  ASTM D 323-99a
 Pressure).
----------------------------------------------------------------------------------------------------------------
1 All ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other
  allowed procedures.
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:

  Table 1 of Sec.   1065.715.--Test Fuel Specifications for Natural Gas
------------------------------------------------------------------------
             Item                               Value\1\
------------------------------------------------------------------------
1. Methane, CH4..............  Minimum, 0.87 mol/mol.
2. Ethane, C2H6..............  Maximum, 0.055 mol/mol.
3. Propane, C3H8.............  Maximum, 0.012 mol/mol.
4. Butane, C4H10.............  Maximum, 0.0035 mol/mol.
5. Pentane, C5H12............  Maximum, 0.0013 mol/mol.
6. C6 and higher.............  Maximum, 0.001 mol/mol.
7. Oxygen....................  Maximum, 0.001 mol/mol.
8. Inert gases (sum of CO2     Maximum, 0.051 mol/mol.
 and N2).
------------------------------------------------------------------------
\1\ All parameters are based on the reference procedures in ASTM D 1945-
  03 (incorporated by reference in Sec.  1065.1010). See Sec.
  1065.701(d) for other allowed procedures.

    (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 flammable 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
----------------------------------------------------------------------------------------------------------------
                Item                            Value                         Reference Procedure\1\
----------------------------------------------------------------------------------------------------------------
1. Propane, C3H8...................  Minimum, 0.85 m3/m3........  ASTM D 2163-91
2. Vapor pressure at 38 [deg]C.....  Maximum, 1400 kPa..........  ASTM D 1267-02 or 2598-02 \2\
3. Volatility residue evaporated     Maximum, -38 [deg]C........  ASTM D 1837-02a
 temperature, 35 [deg]C).
4. Butanes.........................  Maximum, 0.05 m3/m3........  ASTM D 2163-91
5. Butenes.........................  Maximum, 0.02 m3/m3........  ASTM D 2163-91
6. Pentenes and heavier............  Maximum, 0.005 m3/m3.......  ASTM D 2163-91
7. Propene.........................  Maximum, 0.1 m3/m3.........  ASTM D 2163-91
8. Residual matter(residue on evap.  Maximum, 0.05 ml pass \3\..  ASTM D 2158-04
 of 100) ml oil stain observ.).
9. Corrosion, copper strip.........  Maximum, No. 1.............  ASTM D 1838-03
10. Sulfur.........................  Maximum, 80 mg/kg..........  ASTM D 2784-98
11. Moisture content...............  pass.......................  ASTM D 2713-91
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other
  allowed procedures.
\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.


[[Page 40597]]

    (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 flammable 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, D, F, and J 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 no higher than 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 mean 
concentration expected at the standard. For example, if you would 
expect a flow-weighted CO concentration of 100.0 mmol/mol, then you 
would be allowed to use a zero gas with CO contamination less than or 
equal to 2.000 mmol/mol.
    (ii) Contamination as specified in the following table:

                     Table 1 of Sec.   1065.750.--General Specifications for Purified Gases
----------------------------------------------------------------------------------------------------------------
               Constituent                       Purified air \1\                    Purified N2 \1\
----------------------------------------------------------------------------------------------------------------
THC (C1 equivalent)......................  <0.05 [mu]mol/mol...........  < 0.05 [mu]mol/mol
CO.......................................  <1 [mu]mol/mol..............  < 1 [mu]mol/mol
CO2......................................  < 10 [mu]mol/mol............  < 10 [mu]mol/mol
O2.......................................  0.205 to 0.215 mol/mol......  < 2 [mu]mol/mol
NOX......................................  < 0.02 [mu]mol/mol..........  < 0.02 [mu]mol/mol
----------------------------------------------------------------------------------------------------------------
\1\ We do not require these levels of purity to be NIST-traceable.

    (2) Use the following gases with a FID analyzer:
    (i) FID fuel. Use FID fuel with an H2 concentration of 
(0.400  0.004) mol/mol, balance He. Make sure the mixture 
contains no more than 0.05 [mu]mol/mol THC.
    (ii) FID burner air. Use FID burner air that meets the 
specifications of purified air in paragraph (a)(1) of this section. For 
field testing, you may use ambient air.
    (iii) FID zero gas. Zero flame-ionization detectors with purified 
gas that meets the specifications in paragraph (a)(1) of this section, 
except that the purified gas O2 concentration may be any 
value. Note that FID zero balance gases may be any combination of 
purified air and purified nitrogen. We recommend FID analyzer zero 
gases that contain approximately the flow-weighted mean concentration 
of O2 expected during testing.
    (iv) FID propane span gas. Span and calibrate THC FID with span 
concentrations of propane, C3H8. Calibrate on a 
carbon number basis of one (C1). For example, if you use a 
C3H8 span gas of concentration 200 [mu]mol/mol, 
span a FID to respond with a value of 600 [mu]mol/mol. Note that FID 
span balance gases may be any combination of purified air and purified 
nitrogen. We recommend FID analyzer span gases that contain 
approximately the flow-weighted mean concentration of O2 
expected during testing.
    (v) FID methane span gas. If you always span and calibrate a 
CH4 FID with a nonmethane cutter, then span and calibrate 
the FID with span concentrations of methane, CH4. Calibrate 
on a carbon number basis of one (C1). For example, if you 
use a CH4 span gas of concentration 200 [mu]mol/mol, span a 
FID to respond with a value of 200 [mu]mol/mol. Note that FID span 
balance gases may be any combination of purified air and purified 
nitrogen. We recommend FID analyzer span gases that contain 
approximately the flow-weighted mean concentration of O2 
expected during testing.
    (3) Use the following gas mixtures, with gases traceable within 
 1.0% of the NIST true value or other gas standards we 
approve:
    (i) CH4, balance purified synthetic air and/or 
N2 (as applicable).
    (ii) C2H6, balance purified synthetic air 
and/or N2 (as applicable).
    (iii) C3H8, balance purified synthetic air 
and/or N2 (as applicable).
    (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.
    (x) C3H8, CH4, CO, CO2, 
NO, balance purified N2.
    (4) You may use gases for species other than those listed in 
paragraph (a)(3) of thissection (such as methanol in air, which you may 
use to determine response factors), as long as they are traceable to 
within 1.0 % of the NIST true value or other similar 
standards we approve, and meet the stability requirements of paragraph 
(b) of this section.
    (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. If your gas dividers meet the 
specifications in Sec.  1065.248, and the gases being blended meet the 
requirements of paragraphs (a)(1) and (3) of this section, the 
resulting blends are considered to meet the requirements of this 
paragraph (a).
    (b) Record the concentration of any calibration gas standard and 
its expiration date specified by the gas supplier.
    (1) Do not use any calibration gas standard after its expiration 
date, except as allowed by paragraph (b)(2) of this section.
    (2) Calibration gases may be relabeled and used after their 
expiration date as follows:
    (i) Alcohol/carbonyl calibration gases used to determine response 
factors according to subpart I of this part may be relabeled as 
specified in subpart I of this part.
    (ii) Other gases may be relabeled and used after the expiration 
date only if we approve it in advance.

[[Page 40598]]

    (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.
    (d) To maintain stability and purity of gas standards, use good 
engineering judgment and follow the gas standard supplier's 
recommendations for storing and handling zero, span, and calibration 
gases. For example, it may be necessary to store bottles of condensable 
gases in a heated environment.


Sec.  1065.790  Mass standards.

    (a) PM balance calibration weights. Use PM balance calibration 
weights that are certified as NIST-traceable 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) Section 1065.805 applies for all other testing that requires 
measurement of any alcohols or carbonyls.
    (c) 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 of the applicable alcohols and 
carbonyls at a constant flow rate. You may not use raw sampling for 
alcohols and carbonyls.
    (b) You may collect background samples for correcting dilution air 
for background concentrations of alcohols and carbonyls.
    (c) Maintain sample temperatures within the dilution tunnel, 
probes, and sample lines less than 121 [deg]C but high enough to 
prevent aqueous condensation up to the point where a sample is 
collected. The maximum temperature limit is intended to prevent 
chemical reaction of the alcohols and carbonyls. The lower temperature 
limit is intended to prevent loss of the alcohols and carbonyls by 
dissolution in condensed water. Use good engineering judgment to 
minimize the amount of time that the undiluted exhaust is outside this 
temperature range to the extent practical. We recommend that you 
minimize the length of exhaust tubing before dilution. Extended lengths 
of exhaust tubing may require preheating, insulation, and cooling fans 
to limit excursions outside this temperature range.
    (d) You may bubble a sample of the exhaust through water to collect 
alcohols for later analysis. You may also use a photo-acoustic analyzer 
to quantify ethanol and methanol in an exhaust sample.
    (e) 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.For example, if the standard-setting part specifies a six-
to-one weighting of hot-start to cold-start emissions, you may collect 
a single carbonyl sample for the entire duty cycle by using a hot-start 
sample flow rate that is six times the cold-start sample flow rate.
    (f) You may sample alcohols or carbonyls using ``California Non-
Methane Organic Gas Test Procedures'' (incorporated by reference in 
Sec.  1065.1010). If you use this method, follow its calculations to 
determine the mass of the alcohol/carbonyl in the exhaust sample, but 
follow subpart G of this part for all other calculations.
    (g) Use good engineering judgment to sample other oxygenated 
hydrocarbon compounds in the exhaust.


Sec.  1065.845  Response factor determination.

    Since FID analyzers generally have an incomplete response to 
alcohols and carbonyls, determine each FID analyzer's alcohol/carbonyl 
response factor (such as RFMeOH) after FID optimization. 
Formaldehyde response is assumed to be zero and does not need to be 
determined. Use the most recent alcohol/carbonyl response factors to 
compensate for alcohol/carbonyl response.
    (a) Determine the alcohol/carbonyl response factors as follows:
    (1) Select a C3H8 span gas that meets the 
specifications of Sec.  1065.750. Note that FID zero and span balance 
gases may be any combination of purified air or purified nitrogen that 
meets the specifications of Sec.  1065.750. We recommend FID analyzer 
zero and span gases that contain approximately the flow-weighted mean 
concentration of O2 expected during testing. Record the 
C3H8 concentration of the gas.
    (2) Select or prepare an alcohol/carbonyl calibration gas that 
meets the specifications of Sec.  1065.750 and has a concentration 
typical of the peak 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 
(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. Note that FID zero and span balance gases may be 
any combination of purified air or purified nitrogen that meets the 
specifications of Sec.  1065.750. We recommend FID analyzer zero and 
span gases that contain approximately the flow-weighted mean 
concentration of O2 expected during testing.
    (6) Span the FID with the C3H8 span gas that 
you selected under paragraph (a)(1) of this section.
    (7) Introduce at the inlet of the FID analyzer the alcohol/carbonyl 
calibration gas that you selected under paragraph (a)(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 alcohol/carbonyl concentration, 
record 30 seconds of sampled data. Calculate the arithmetic mean of 
these values.
    (10) Divide the mean measured concentration by the recorded span 
concentration of the alcohol/carbonyl calibration gas. The result is 
the FID analyzer's response factor for alcohol/carbonyl, 
RFMeOH.

[[Page 40599]]

    (b) Alcohol/carbonyl calibration gases must remain within 2% of the labeled concentration. You must demonstrate the 
stability based on a quarterly measurement procedure with a precision 
of 2% percent or another method that we approve. Your 
measurement procedure may incorporate multiple measurements. If the 
true concentration of the gas changes deviates by more than 2%, but less than 10%, the gas may be relabeled with 
the new concentration.


Sec.  1065.850  Calculations.

    Use the calculations specified in Sec.  1065.665 to determine THCE 
or NMHCE.

Subpart J--Field Testing and Portable Emission Measurement Systems


Sec.  1065.901  Applicability.

    (a) Field testing. This subpart specifies procedures for field-
testing engines to determine brake-specific emissions using portable 
emission measurement systems (PEMS). These procedures are designed 
primarily for in-field measurements of engines that remain installed in 
vehicles or equipment in the field. Field-test procedures apply to your 
engines only as specified in the standard-setting part.
    (b) Laboratory testing. You may optionally use PEMS for any 
laboratory testing, as long as the standard-setting part does not 
prohibit it for certain types of laboratory testing, subject to the 
following provisions:
    (1) Follow the laboratory test procedures specified in this part 
1065, according to Sec.  1065.905(e).
    (2) Do not apply any PEMS-related field-testing adjustments or 
``measurement allowances'' to laboratory emission results or standards.
    (3) Do not use PEMS for laboratory measurements if it prevents you 
from demonstrating compliance with the applicable standards. Some of 
the PEMS requirements in this part 1065 are less stringent than the 
corresponding laboratory requirements. Depending on actual PEMS 
performance, you might therefore need to account for some additional 
measurement uncertainty when using PEMS for laboratory testing. If we 
ask, you must show us by engineering analysis that any additional 
measurement uncertainty due to your use of PEMS for laboratory testing 
is offset by the extent to which your engine's emissions are below the 
applicable standards. For example, you might show that PEMS versus 
laboratory uncertainty represents 5% of the standard, but your engine's 
deteriorated emissions are at least 20% below the standard for each 
pollutant.


Sec.  1065.905  General provisions.

    (a) General. Unless the standard-setting part specifies deviations 
from the provisions of this subpart, field testing and laboratory 
testing with PEMS must conform to the provisions of this subpart.
    (b) Field-testing scope. Field testing conducted under this subpart 
may include any normal in-use operation of an engine.
    (c) Field testing and the standard-setting part. This subpart J 
specifies procedures for field-testing various categories of engines. 
See the standard-setting part for specific provisions for a particular 
type of engine. Before using this subpart's procedures for field 
testing, read the standard-setting part to answer at least the 
following questions:
    (1) How many engines must I test in the field?
    (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? 
Note that the ambient condition limits in Sec.  1065.520 do not apply 
for field testing.
    (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 do I 
determine individual test intervals? Note that ``test interval'' is 
defined in subpart K of this 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 parts of a field test or 
all of a field test?
    (14) Does any special ``measurement allowance'' apply to field-test 
emission results or standards, based on using PEMS for field-testing 
versus using laboratory equipment and instruments for laboratory 
testing?
    (15) Do results of initial field testing trigger any requirement 
for additional field testing or laboratory testing?
    (16) How do I report field-testing results?
    (d) Field testing and this part 1065. Use the following 
specifications 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 the 
sections from Sec.  1065.140 to the end of subpart B of this part. 
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 verifications in subpart D of this part, 
except as specified in Sec.  1065.920. Section 1065.920 also specifies 
additional calibrations and verifications for field testing.
    (5) Use the provisions of the standard-setting part for selecting 
and maintaining engines in the field 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 1065, and that the standard setting 
part indicates 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 typical in-use fuel meeting the specifications of Sec.  
1065.701(d).
    (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) If you are testing with oxygenated fuels, 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) Laboratory testing using PEMS. Use the following specifications 
when using PEMS for laboratory testing:
    (1) Use the applicability and general provisions of subpart A of 
this part.
    (2) Use equipment specifications in subpart B of this part. Section 
1065.910

[[Page 40600]]

specifies additional equipment specific to testing with PEMS.
    (3) Use measurement instruments in subpart C of this part, except 
as specified in Sec.  1065.915.
    (4) Use calibrations and verifications in subpart D of this part, 
except as specified in Sec.  1065.920. Section 1065.920 also specifies 
additional calibration and verifications for PEMS.
    (5) Use the provisions of Sec.  1065.401 for selecting engines for 
testing. Use the provisions of subpart E of this part for maintaining 
engines, except as specified in the standard-setting part.
    (6) Use the procedures in subpart F of this part and in the 
standard-setting part to start and run a laboratory test.
    (7) Use the calculations in subpart G of this part to calculate 
emissions over the applicable duty cycle. Section 1065.940 specifies 
additional calculations for testing with PEMS.
    (8) Use a fuel meeting the specifications of subpart H of this 
part, as specified in the standard-setting 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) If you are testing with oxygenated fuels, 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.
    (f) Summary. The following table summarizes the requirements of 
paragraphs (d) and (e) of this section:

  Table 1 of Sec.   1065.905.--Summary of Testing Requirements That are
                  Specified Outside of This Subpart J 1
------------------------------------------------------------------------
                                                      Applicability for
           Subpart              Applicability for    laboratory testing
                                  field testing           with PEMS
------------------------------------------------------------------------
A: Applicability and general  Use all.............  Use all.
 provisions.
B: Equipment for testing....  Use Sec.   1065.101   Use all. Sec.
                               and Sec.   1065.140   1065.910 specifies
                               through the end of    equipment specific
                               subpart B. Sec.       to laboratory
                               1065.910 specifies    testing with PEMS.
                               equipment specific
                               to field testing.
C: Measurement instruments..  Use all.............  Use all.
                              Sec.   1065.915       Sec.   1065.915
                               allows deviations.    allows deviations.
D: Calibrations and           Use all.............  Use all.
 verifications.
                              Sec.   1065.920       Sec.   1065.920
                               allows deviations,    allows deviations,
                               but also has          but also has
                               additional            additional
                               specifications.       specifications.
E: Test engine selection,     Do not use..........  Use all.
 maintenance, and durability. Use standard-setting
                               part.
F: Running an emission test   Use Sec.  Sec.        Use all.
 in the laboratory.            1065.590 and
                               1065.595 for PM.
                              Sec.   1065.930 and
                               Sec.   1065.935 to
                               start and run a
                               field test..
G: Calculations and data      Use all.............  Use all.
 requirements.
                              Use standard-setting  Use standard-setting
                               part.                 part.
                              Sec.   1065.940 has   Sec.   1065.940 has
                               additional            additional
                               calculation           calculation
                               instructions.         instructions.
H: Fuels, engine fluids,      Use fuels specified   Use fuels from
 analytical gases, and other   in Sec.               subpart H of this
 calibration materials.        1065.701(d).          part as specified
                                                     in standard-setting
                                                     part.
                              Use lubricant and     Use lubricant and
                               coolant               coolant
                               specifications in     specifications in
                               Sec.   1065.740 and   subpart H of this
                               Sec.   1065.745.      part.
                              Use analytical gas    Use analytical gas
                               specifications and    specifications and
                               other calibration     other calibration
                               standards in Sec.     standards in Sec.
                               1065.750 and Sec.     1065.750 and Sec.
                               1065.790.             1065.790.
I: Testing with oxygenated    Use all.............  Use all.
 fuels.
K: Definitions and reference  Use all.............  Use all.
 materials.
------------------------------------------------------------------------
1 Refer to paragraphs (d) and (e) of this section for complete
  specifications.

Sec.  1065.910  PEMS auxiliary equipment for field testing.

    For field testing you may use various types of auxiliary equipment 
to attach PEMS to a vehicle or engine and to power PEMS.
    (a) When you use PEMS, you will likely route engine exhaust to a 
raw-exhaust flow meter and sample probes. Route the engine exhaust as 
follows:
    (1) Flexible connections. 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 four-ply silicone-fiberglass fabric with a temperature 
rating of at least 315 [deg]C for flexible connectors. You may use 
connectors with a spring-steel wire helix for support and you may use 
Nomex\TM\ coverings or linings for durability. You may also use any 
other material with equivalent permeation-resistance 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) Raw exhaust tubing. 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 ``T'' or ``Y'' fittings 
made of 300 series stainless steel tubingto join exhaust from multiple 
tailpipes, or you may cap or plug redundant tailpipes if the engine 
manufacturer recommends it.
    (3) Exhaust back pressure. 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 
manufacturer-specified location with your system connected. You may 
also perform an engineering analysis to verify proper back pressure, 
taking into account the maximum exhaust flow rate expected, the field 
test system's flexible connectors, and the tubing's characteristics for 
pressure drops versus flow.

[[Page 40601]]

    (b) For vehicles or other motive equipment, we recommend installing 
PEMS in the same location where passenger might sit. Follow PEMS 
manufacturer instructions for installing PEMS in vehicle cargo spaces, 
vehicle trailers, or externally such that PEMS is directly exposed to 
the outside environment. Locate PEMS where it will be subject to 
minimal sources of the following parameters:
    (1) Ambient temperature changes.
    (2) Ambient pressure changes.
    (3) Electromagnetic radiation.
    (4) Mechanical shock and vibration.
    (5) Ambient hydrocarbons--if using a FID analyzer that uses ambient 
air as FID burner air.
    (c) Mounting hardware. Use mounting hardware as required for 
securing flexible connectors, exhaust tubing, ambient sensors, and 
other equipment. Use structurally sound mounting points such as vehicle 
frames, trailer hitch receivers, and payload tie-down fittings. We 
recommend mounting hardware such as clamps, suction cups, and magnets 
that are specifically designed for vehicle applications. We also 
recommend considering mounting hardware such as commercially available 
bicycle racks, trailer hitches, and luggage racks.
    (d) Electrical power. 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 change significantly when you use 
vehicle power.
    (iii) The power you demand does not increase output from the engine 
by morethan 1% of its maximum power.
    (2) You may install your own portable power supply. For example, 
you may use batteries, fuel cells, a portable generator, or any other 
power supply to supplement or replace your use of vehicle power. 
However, you must not supply power to the vehicle's power system under 
any circumstances.


Sec.  1065.915  PEMS instruments.

    (a) Instrument specifications. We recommend that you use PEMS that 
meet the specifications of subpart C of this part. For field testing of 
for laboratory testing with PEMS, the specifications in the following 
table apply instead of the specifications in Table 1 of Sec.  1065.205.

                                Table 1 of Sec.   1065.915.--Recommended Minimum PEMS Measurement Instrument Performance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Measured quantity  Rise time and fall   Recording update                      Repeatability
          Measurement                 symbol               time             frequency        Accuracy \1\           \1\                Noise \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer.......  fn................  1 s...............  1 Hz means.......  5.0% of pt. or    2.0% of pt. or    0.5% of max.
                                                                                            1.0% of max.      1.0% of max.
Engine torque estimator, BSFC   T or BSFC.........  1 s...............  1 Hz means.......  8.0% of pt. or    2.0% of pt. or    1.0% of max.
 (This is a signal from an                                                                  5% of max.        1.0% of max.
 engine's ECM).
General pressure transducer     p.................  5 s...............  1 Hz.............  5.0% of pt. or    2.0% of pt. or    1.0% of max.
 (not a part of another                                                                     5.0% of max.      0.5% of max.
 instrument).
Atmospheric pressure meter....  patmos............  50 s..............  0.1 Hz...........  250 Pa..........  200 Pa..........  100 Pa.
General temperature sensor      T.................  5 s...............  1 Hz.............  1.0% of pt. K or  0.5% of pt. K or  0.5% of max 0.5 K.
 (not a part of another                                                                     5 K.              2 K.
 instrument).
General dewpoint sensor.......  Tdew..............  50 s..............  0.1 Hz...........  3 K.............  1 K.............  1 K.
Exhaust flow meter............  n.................  1 s...............  1 Hz means.......  5.0% of pt. or    2.0% of pt......  2.0% of max.
                                                                                            3.0% of max.
Dilution air, inlet air,        n.................  1 s...............  1 Hz means.......  2.5% of pt. or    1.25% of pt. or   1.0% of max.
 exhaust, and sample flow                                                                   1.5% of max.      0.75% of max.
 meters.
Continuous gas analyzer.......  X.................  5 s...............  1 Hz.............  4.0% of pt. or    2.0% of pt. or    1.0% of max.
                                                                                            4.0% of meas.     2.0% of meas.
Gravimetric PM balance........  mPM...............  N/A...............  N/A..............  See Sec.          0.5 [mu]g.......  N/A
                                                                                            1065.790.
Inertial PM balance...........  mPM...............  5 s...............  1 Hz.............  4.0% of pt. or    2.0% of pt. or    1.0% of max.
                                                                                            4.0% of meas.     2.0% of meas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are all determined with the same collected data, as described in Sec.   1065.305, and based on absolute values.
  ``pt.'' refers to the overall flow-weighted mean value expected at the standard; ``max.'' refers to the peak value expected at the standard over any
  test interval, not the maximum of the instrument's range; ``meas'' refers to the actual flow-weighted mean measured over any test interval.

    (b) Redundant measurements. For all PEMS 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. This requirement 
applies whether or not you actually use the measurements in your 
calculations.
    (c) Field-testing ambient effects on PEMS. PEMS must be only 
minimally affected by ambient conditions such as temperature, pressure, 
humidity, physical orientation, mechanical shock and vibration, 
electromagnetic radiation, and ambient hydrocarbons. Follow the PEMS 
manufacturer's instructions for proper installation to isolate PEMS 
from ambient conditions that affect their performance. If a PEMS is 
inherently affected by ambient conditions that you cannot control, you 
must monitor those conditions and adjust the PEMS signals to compensate 
for the ambient effect. The standard-setting part may also specify the 
use of one or more field-testing adjustments or ``measurement 
allowances'' that you apply to results or standards to account for 
ambient effects on PEMS.
    (d) ECM signals. You may use signals from the engine's electronic 
control module (ECM) in place of values measured by individual 
instruments within a PEMS, subject to the following provisions:
    (1) Recording ECM signals. If your ECM updates a broadcast signal 
more frequently than 1 Hz, take one of the following steps:
    (i) Use PEMS to sample and record the signal's value more 
frequently--up

[[Page 40602]]

to 5 Hz maximum. Calculate and record the 1 Hz mean of the more 
frequently updated data.
    (ii) Use PEMS to electronically filter the ECM signals to meet the 
rise time and fall time specifications in Table 1 of this section. 
Record the filtered signal at 1 Hz.
    (2) Omitting ECM signals. Replace any discontinuous or irrational 
ECM data with linearly interpolated values from adjacent data.
    (3) Aligning ECM signals with other data. You must perform time-
alignment and dispersion of ECM signals, according to PEMS manufacturer 
instructions and using good engineering judgment.
    (4) ECM signals for determining test intervals. 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.
    (5) ECM signals for determining brake-specific emissions. You may 
use any combination of ECM signals, with or without other measurements, 
to estimate engine speed, torque, and brake-specific fuel consumption 
(BSFC, in units of mass of fuel per kW-hr) for use in brake-specific 
emission calculations. We recommend that the overall performance of any 
speed, torque, or BSFC estimator should meet the performance 
specifications in Table 1 of this section. We recommend using one of 
the following methods:
    (i) Speed. Use the engine speed signal directly from the ECM. This 
signal is generally accurate and precise. You may develop your own 
speed algorithm based on other ECM signals.
    (ii) Torque. Use one of the following:
    (A) ECM torque. Use the engine-torque signal directly from the ECM, 
if broadcast. Determine if this signal is proportional to indicated 
torque or brake torque. If it is proportional to indicated torque, 
subtract friction torque from indicated torque and record the result as 
brake torque. Friction torque may be a separate signal broadcast from 
the ECM or you may have to determine it from laboratory data as a 
function of engine speed.
    (B) ECM %-load. Use the %-load signal directly from the ECM, if 
broadcast. Determine if this signal is proportional to indicated torque 
or brake torque. If it is proportional to indicated torque, subtract 
the minimum %-load value from the %-load signal. Multiply this result 
by the maximum brake torque at the corresponding engine speed. Maximum 
brake torque versus speed information is commonly published by the 
engine manufacturer.
    (C) Your algorithms. You may develop and use your own combination 
of ECM signals to determine torque.
    (iii) BSFC. Use one of the following:
    (A) Use ECM engine speed and ECM fuel flow signals to interpolate 
brake-specific fuel consumption data, which might be available from an 
engine laboratory as a function of ECM engine speed and ECM fuel 
signals.
    (B) Use a single BSFC value that approximates the BSFC value over a 
test interval (as defined in subpart K of this part). This value may be 
a nominal BSFC value for all engine operation determined over one or 
more laboratory duty cycles, or it may be any other BSFC that we 
approve. If you use a nominal BSFC, we recommend that you select a 
value based on the BSFC measured over laboratory duty cycles that best 
represent the range of engine operation that defines a test interval 
for field-testing.
    (C) You may develop and use your own combination of ECM signals to 
determine BSFC.
    (iv) Other ECM signals. You may ask to use other ECM signals for 
determining brake-specific emissions, such as ECM fuel flow or ECM air 
flow. We must approve the use of such signals in advance.
    (6) Permissible deviations. ECM signals may deviate from the 
specifications of this part 1065, but the expected deviation must not 
prevent you from demonstrating that you meet the applicable standards. 
For example, your emission results may be sufficiently below an 
applicable standard, such that the deviation would not significantly 
change the result. As another example, a very low engine-coolant 
temperature may define a logical statement that determines when a test 
interval may start. In this case, even if the ECM's sensor for 
detecting coolant temperature was not very accurate or repeatable, its 
output would never deviate so far as to significantly affect when a 
test interval may start.


Sec.  1065.920  PEMS Calibrations and verifications.

    (a) Subsystem calibrations and verifications. Use all the 
applicable calibrations and verifications in subpart D of this part, 
including the linearity verifications in Sec.  1065.307, to calibrate 
and verify PEMS. Note that a PEMS does not have to meet the system-
response specifications of Sec.  1065.308 if it meets the overall 
verification described in paragraph (b) of this section.
    (b) Overall verification. We require only that you maintain a 
record showing that the particular make, model, and configuration of 
your PEMS meets this verification. We recommend that you generate your 
own record to show that your specific PEMS meets this verification, but 
you may also rely on data and other information from the PEMS 
manufacturer. If you upgrade or change the configuration of your PEMS, 
your record must show that your new configuration meets this 
verification. The verification consists of operating an engine over a 
duty cycle in the laboratory and statistically comparing data generated 
and recorded by the PEMS with data simultaneously generated and 
recorded by laboratory equipment as follows:
    (1) Mount an engine on a dynamometer for laboratory testing. 
Prepare the laboratory and PEMS for emission testing, as described in 
this part, to get simultaneous measurements. We recommend selecting an 
engine with emission levels close to the applicable duty-cycle 
standards, if possible.
    (2) Select or create a duty cycle that has all the following 
characteristics:
    (i) Engine operation that represents normal in-use speeds, loads, 
and degree of transient activity. Consider using data from previous 
field tests to generate a cycle.
    (ii) A duration of (20 to 40) min.
    (iii) At least 50% of engine operating time must include at least 
10 valid test intervals for calculating emission levels for field 
testing. For example, for 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) Starting with a warmed-up engine, run a valid emission test 
with the duty cycle from paragraph (b)(2) of this section. The 
laboratory and PEMS must both meet applicable validation requirements, 
such as drift validation, hydrocarbon contamination validation, and 
proportional validation.
    (4) Determine the brake-specific emissions for each test interval 
for both laboratory and the PEMS measurements, as follows:
    (i) For both laboratory and PEMS measurements, use identical values 
to determine the beginning and end of each test interval.
    (ii) For both laboratory and PEMS measurements, use identical 
values to determine total work over each test interval.
    (iii) Apply any ``measurement allowance'' to the PEMS data. If the 
measurement allowance is normally added to the standard, subtract the 
measurement allowance from the PEMS brake-specific emission result.
    (iv) Round results to the same number of significant digits as the 
standard.

[[Page 40603]]

    (5) Repeat the engine duty cycle and calculations until you have at 
least 100 valid test intervals.
    (6) For each test interval and emission, subtract the lab result 
from the PEMS result.
    (7) If for each constituent, the PEMS passes this verification if 
any one of the following are true:
    (i) 91% or more of the differences are zero or less than zero.
    (ii) The entire set of test-interval results passes the 95% 
confidence alternate-procedure statistics for field testing (t-test and 
F-test) specified in subpart A of this part.


Sec.  1065.925  PEMS preparation for field testing.

    Take the following steps to prepare PEMS for field testing:
    (a) Verify that ambient conditions at the start of the test are 
within the limits specified in the standard-setting part. Continue to 
monitor these values to determine if ambient conditions exceed the 
limits during the test.
    (b) Install a PEMS and any accessories needed to conduct a field 
test.
    (c) Power the PEMS and allow pressures, temperatures, and flows to 
stabilize to their operating set points.
    (d) Bypass or purge any gaseous sampling PEMS instruments with 
ambient air until sampling begins to prevent system contamination from 
excessive cold-start emissions.
    (e) Conduct calibrations and verifications.
    (f) Operate any PEMS dilution systems at their expected flow rates 
using a bypass.
    (g) If you use a gravimetric balance to determine whether an engine 
meets an applicable PM standard, follow the procedures for PM sample 
preconditioning and tare weighing as described in Sec.  1065.590. 
Operate the PM-sampling system at its expected flow rates using a 
bypass.
    (h) Verify the amount of contamination in the PEMS HC sampling 
system as follows:
    (1) Select the HC analyzers' ranges for measuring the maximum 
concentration expected at the HC standard.
    (2) Zero the HC analyzers using a zero gas introduced at the 
analyzer port. When zeroing the FIDs, use the FIDs' burner air that 
would be used for in-use measurements (generally either ambient air or 
a portable source of burner air).
    (3) Span the HC analyzers using span gas introduced at the analyzer 
port. When spanning the FIDs, use the FIDs' burner air that would be 
used in-use (for example, use ambient air or a portable source of 
burner air).
    (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:
    (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 
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 the initial HC concentration exceeds the greater 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 mean concentration expected at the 
standard or measured during testing.
    (ii) 2 [mu]mol/mol.
    (8) If corrective action does not resolve the deficiency, you use a 
contaminated HC system if it does not prevent you from demonstrating 
compliance with the applicable emission standards.


Sec.  1065.930  Engine starting, restarting, and shutdown.

    Unless the standard-setting part specifies otherwise, start, 
restart, and shut down the test engine for field testing as follows:
    (a) Start or restart the engine as described in the owners manual.
    (b) If the engine does not start after 15 seconds of cranking, stop 
cranking and determine the reason it failed to start. However, you may 
crank the engine longer than 15 seconds, as long as 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 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.
    (d) Shut down and 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 complete.


Sec.  1065.935  Emission test sequence for field testing.

    (a) Time the start of field testing as follows:
    (1) If the standard-setting part requires only hot-stabilized 
emission measurements, operate the engine in-use until the engine 
coolant, block, or head absolute temperature is within 10% 
of its mean value for the previous 2 min or until an engine thermostat 
controls engine temperature with coolant or air flow.
    (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, proceed to the steps specified in paragraph (b) of this 
section.
    (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 the PEMS according to the instrument manufacturer's 
instructions and using good engineering judgment.
    (3) Operate PEMS heaters, dilution systems, sample pumps, cooling 
fans, and the data-collection system.
    (4) Pre-heat or pre-cool PEMS heat exchangers in the sampling 
system to within their tolerances for operating temperatures.
    (5) Allow all other PEMS components such as sample lines, filters, 
and pumps to stabilize at operating temperature.
    (6) Verify that no significant vacuum-side leak exists in the PEMS, 
as described in Sec.  1065.345.
    (7) Adjust PEMS flow rates to desired levels, using bypass flow if 
applicable.
    (8) Zero and span all PEMS gas analyzers using NIST-traceable gases 
that meet the specifications of Sec.  1065.750.
    (c) Start testing as follows:
    (1) Before the start of the first test interval, zero or re-zero 
any PEMS electronic integrating devices, as needed.
    (2) If the engine is already running and warmed up and starting is 
not part of field testing, start the field test by simultaneously 
starting to sample exhaust, record engine and ambient data, and 
integrate measured values using a PEMS.
    (3) If engine starting is part of field testing, start field 
testing by simultaneously starting to sample from the exhaust system, 
record engine and ambient data, and integrate measured values using a 
PEMS. 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.

[[Page 40604]]

    (2) Between each test interval, zero or re-zero any electronic 
integrating devices, and reset batch storage media, as needed.
    (3) The engine may be stopped and started, but continue to sample 
emissions throughout the entire field test.
    (4) Conduct periodic verifications such as zero and span 
verifications on PEMS gas analyzers, as recommended by the PEMS 
manufacturer or as indicated by good engineering judgment. Results from 
these verifications will be used to calculate and correct for drift 
according to paragraph (g) of this section. Do not include data 
recorded during verifications in emission calculations.
    (5) You may periodically condition and analyze batch samples in-
situ, including PM samples; for example you may condition an inertial 
PM balance substrate if you use an inertial balance to measure PM.
    (6) You may have personnel monitoring and adjusting the PEMS during 
a test, or you may operate the PEMS unattended.
    (e) Stop testing as follows
    (1) Continue sampling as needed to get an appropriate amount of 
emission measurement, according to the standard setting part. If the 
standard-setting part does not describe when to stop sampling, develop 
a written protocol before you start testing to establish how you will 
stop sampling. You may not determine when to stop testing based on 
measured values.
    (2) At the end of the field test, allow the sampling systems' 
response times to elapse and then stop sampling. Stop any integrators 
and indicate the end of the test cycle on the data-collection medium.
    (3) You may shut down the engine before or after you stop sampling.
    (f) For any proportional batch sample, such as a bag sample or PM 
sample, verify for each test interval whether or not proportional 
sampling was maintained according to Sec.  1065.545. Void the sample 
for any test interval that did not maintain proportional sampling 
according to Sec.  1065.545.
    (g) Take the following steps after emission sampling is complete:
    (1) As soon as practical after the emission sampling, analyze any 
gaseous batch samples.
    (2) If you used dilution air, either analyze background samples or 
assume that background emissions were zero. Refer to Sec.  1065.140 for 
dilution-air specifications.
    (3) After quantifying all exhaust gases, record mean analyzer 
values after stabilizing a zero gas to each analyzer, then record mean 
analyzer values after stabilizing the span gas to the analyzer. 
Stabilization may include time to purge an analyzer of any sample gas, 
plus any additional time to account for analyzer response. Use these 
recorded values to correct for drift as described in Sec.  1065.550.
    (4) Invalidate any test intervals that do not meet the range 
criteria in Sec.  1065.550. Note that it is acceptable that analyzers 
exceed 100% of their ranges when measuring emissions between test 
intervals, but not during test intervals. You do not have to retest an 
engine in the field if the range criteria are not met.
    (5) Invalidate any test intervals that do not meet the drift 
criterion in Sec.  1065.550. For test intervals that do meet the drift 
criterion, correct those test intervals for drift according to Sec.  
1065.672 and use the drift corrected results in emissions calculations.
    (6) 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 and weigh them as 
described in Sec.  1065.595.


Sec.  1065.940  Emission calculations.

    Perform emission calculations as described in Sec.  1065.650 to 
calculate brake-specific emissions for each test interval using any 
applicable information and instructions in the standard-setting part.

Subpart K--Definitions and Other Reference Information


Sec.  1065.1001  Definitions.

    The definitions in this section apply to this part. The definitions 
apply to all subparts unless we note otherwise. All undefined terms 
have the meaning the Act gives 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 [mu]m.
    Accuracy means the absolute difference between a reference quantity 
and the arithmetic mean of ten mean measurements of that quantity. 
Determine instrument accuracy, repeatability, and noise 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 that 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.
    Alternate procedures means procedures allowed under Sec.  
1065.10(c)(7).
    Applicable standard means an emission standard to which an engine 
is subject; or a family emission limit to which an engine is certified 
under an emission credit program in the standard-setting part.
    Aqueous condensation means the precipitation of water-containing 
constituents from a gas phase to a liquid phase. Aqueous condensation 
is a function of humidity, pressure, temperature, and concentrations of 
other constituents 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.
    Atmospheric pressure means the wet, absolute, atmospheric static 
pressure. Note that if you measure atmospheric 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.
    Auto-ranging means a gas analyzer function that automatically 
changes the analyzer digital resolution to a larger range of 
concentrations as the concentration approaches 100% of the analyzer's 
current range. Auto-ranging

[[Page 40605]]

does not mean changing an analog amplifier gain within an analyzer.
    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 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 the engine does not power 
these accessories 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.
    C1 equivalent (or basis) means a convention of 
expressing HC concentrations based on the total number of carbon atoms 
present, such that the C1 equivalent of a molar HC 
concentration equals the molar concentration multiplied by the mean 
number of carbon atoms in each HC molecule. For example, the 
C1 equivalent of 10 [mu]mol/mol of propane 
(C3H8) is 30 [mu]mol/mol. C1 
equivalent molar values may be denoted as ``ppmC'' in the standard-
setting part.
    Calibration means the process of setting a measurement system's 
response so that its output agrees with a range of reference signals. 
Contrast with ``verification''.
    Certification means relating to the process of obtaining a 
certificate of conformity for an engine family that complies with the 
emission standards and requirements in the standard-setting 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 automatically controls the operator demand to maintain engine 
speed, even under changing load. Governors do not always maintain speed 
exactly constant. Typically speed can decrease (0.1 to 10)% below the 
speed at zero load, such that the minimum 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.
    Dewpoint means a measure of humidity stated as the equilibrium 
temperature at which water condenses under a given pressure from moist 
air with a given absolute humidity. Dewpoint is specified as a 
temperature in [deg]C or K, and is valid only for the pressure at which 
it is measured. See Sec.  1065.645 to determine water vapor mole 
fractions from dewpoints using the pressure at which the dewpoint is 
measured.
    Discrete-mode means relating to a discrete-mode type of steady-
state test, as described in the standard-setting part.
    Dispersion means either:
    (1) The broadening and lowering of a signal due to any fluid 
capacitance, fluid mixing, or electronic filtering in a sampling 
system. (Note: To adjust a signal so its dispersion matches that of 
another signal, you may adjust the system's fluid capacitance, fluid 
mixing, or electronic filtering.)
    (2) The mixing of a fluid, especially as a result of fluid 
mechanical forces or chemical diffusion.
    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, as long as you zeroed and 
spanned the instrument just before the test.
    Duty cycle means a series of speed and torque values (or power 
values) 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 emissions of regulated pollutants 
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.
    Engine governed speed means the engine operating speed when it is 
controlled by the installed governor.
    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 of a 
measurement instrument's response after any step decrease to the input 
between the following points:
    (1) The point at which the response has fallen 10% of the total 
amount it will fall in response to the step change.
    (2) The point at which the response has fallen 90% of the total 
amount it will fall in response to the step change.
    Flow-weighted mean means the mean 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 mean concentration is the sum of the products 
of each recorded concentration times its respective exhaust flow rate, 
divided by the sum of the recorded flow rates. As another example, the 
bag concentration from a CVS system is the same as the flow-weighted 
mean concentration, because the CVS system itself flow-weights the bag 
concentration.
    Fuel type means a general category of fuels such as gasoline or 
LPG. There can be multiple grades within a single type

[[Page 40606]]

of fuel, such as all-season 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 initial particle-removal efficiency of 
99.97% using ASTM F 1471-93 (incorporated by reference in Sec.  
1065.1010).
    Hydraulic diameter means the diameter of a circle whose area is 
equal to the area of a noncircular cross section of tubing, including 
its wall thickness. The wall thickness is included only for the purpose 
of facilitating a simplified and nonintrusive measurement.
    Hydrocarbon (HC) means THC, THCE, NMHC, or NMHCE, as applicable. 
Hydrocarbon generally means the hydrocarbon group on which the emission 
standards are based for each type of fuel and engine.
    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 with minimum load (greater 
than or equal to zero load), where an engine governor function controls 
engine speed. For engines without a governor function that controls 
idle speed, idle speed means the manufacturer-declared value for lowest 
engine speed possible with minimum load. Note that warm idle speed is 
the idle speed of a warmed-up engine.
    Intermediate test speed has the meaning given 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 a 
range of values expected or observed during testing. Perfect linearity 
would result in an intercept, a0, equal to zero, a slope, 
a1, of one, a coefficient of determination, r \2\, of one, 
and a standard error of the estimate, SEE, of zero. 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 test speed has the meaning given in Sec.  1065.610.
    Maximum test torque has the meaning given 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, as specified in NIST 
Technical Note 1297 (incorporated by reference in Sec.  1065.1010). 
Allowable uncertainty limits specified for NIST-traceability refer to 
the propagated uncertainty specified by NIST. You may ask to use other 
internationally recognized standards that are equivalent to NIST 
standards.
    Noise means the precision of 30 seconds of updated recorded values 
from a measurement instrument as it quantifies a zero or reference 
value. Determine instrument noise, repeatability, and accuracy from the 
same data set. We specify a procedure for determining noise in Sec.  
1065.305.
    Nonmethane hydrocarbons (NMHC) means the sum of all hydrocarbon 
species except methane. Refer to Sec.  1065.660 for NMHC determination.
    Nonmethane hydrocarbon equivalent (NMHCE) means the sum of the 
carbon mass contributions of non-oxygenated nonmethane hydrocarbons, 
alcohols and aldehydes, or other organic compounds that are measured 
separately as contained in a gas sample, expressed as exhaust 
nonmethane hydrocarbon from petroleum-fueled engines. The hydrogen-to-
carbon ratio of the equivalent hydrocarbon is 1.85:1.
    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.
    Open crankcase emissions means any flow from an engine's crankcase 
that is emitted directly into the environment. Crankcase emissions are 
not ``open crankcase emissions'' if the engine is designed to always 
route all crankcase emissions back into the engine (for example, 
through the intake system or an aftertreatment system) such that all 
the crankcase emissions, or their products, are emitted into the 
environment only through the engine exhaust system.
    Operator demand means an engine operator's input to control engine 
output. The ``operator'' may be a person (i.e., manual), or a governor 
(i.e., automatic) that mechanically or electronically signals an input 
that demands engine output. Input may be from 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, except as 
specified in the standard-setting part. Oxides of nitrogen are 
expressed quantitatively as if the NO is in the form of NO2, 
such that you use an effective molar mass for all oxides of nitrogen 
equivalent to that of NO2.
    Oxygenated fuels means fuels composed of oxygen-containing 
compounds, such as ethanol or methanol. Testing engines that use 
oxygenated fuels generally 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 appropriate sampling 
methods.
    Partial pressure means the pressure, p, attributable to a single 
gas 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.
    Percent (%) means a representation of exactly 0.01. Significant 
digits for the product of % and another value are defined as follows:
    (1) Where we specify some percentage of a total value, the 
calculated value has the same number of significant digits as the total 
value. For example, 2% is exactly 0.02 and 2% of 101.3302 equals 
2.026604.
    (2) In other cases, determine the number of significant digits 
using the same method as you would use for determining the number of 
significant digits of a fractional value.
    Portable emission measurement system (PEMS) means a measurement 
system consisting of portable equipment that can be used to generate 
brake-specific emission measurements during field testing or laboratory 
testing.
    Precision means 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

[[Page 40607]]

needed to measure emissions, unless we specify otherwise.
    Proving ring is a device used to measure static force based on the 
linear relationship between stress and strain in an elastic material. 
It is typically a steel alloy ring, and you measure the deflection 
(strain) of its diameter when a static force (stress) is applied across 
its diameter.
    PTFE means polytetrafluoroethylene, commonly known as Teflon\TM\.
    Ramped-modal means relating to a ramped-modal type of steady-state 
test, as 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. Determine instrument repeatability, accuracy, and 
noise from the same data set. We specify a procedure for determining 
repeatability in Sec.  1065.305.
    Revoke has the meaning given in 40 CFR 1068.30.
    Rise time, t10-90, means the time interval of a 
measurement instrument's response after any step increase to the input 
between the following points:
    (1) The point at which the response has risen 10% of the total 
amount it will rise in response to the step change.
    (2) The point at which the response has risen 90% of the total 
amount it will rise in response to the step change.
    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 NIST SP 811 (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.
    Shared atmospheric pressure meter means an atmospheric pressure 
meter whose output is used as the atmospheric pressure for an entire 
test facility that has more than one dynamometer test cell.
    Shared humidity measurement means a humidity measurement that is 
used as the humidity for an entire test facility that has more than one 
dynamometer test cell.
    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 range 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.
    Special procedures means procedures allowed under Sec.  
1065.10(c)(2).
    Specified procedures means procedures we specify in this part 1065 
or the standard-setting part. Other procedures allowed or required by 
Sec.  1065.10(c) are not specified procedures.
    Standard deviation has the meaning given in Sec.  1065.602. Note 
this is the standard deviation for a non-biased sample.
    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 nominally constant values. Steady-
state tests are either discrete-mode tests or ramped-modal tests.
    Stoichiometric means relating to the particular 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 14.7:1.
    Storage medium means a particulate filter, sample bag, or any other 
storage device used for batch sampling.
    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, the 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, such as a ``not-to-exceed'' 
(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 over a duty cycle, the standard-setting part may 
specify additional calculations 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, with the remaining 5% of the 
recorded values deviating from the tolerance interval only due to 
measurement variability. Use the specified recording frequencies and 
time intervals to determine if a quantity is within the applicable 
tolerance. For parameters not subject to measurement variability, 
tolerance means an absolute allowable range.
    Total hydrocarbon (THC) 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 (THCE) 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 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, the term 
``vehicle'' may include nonmotive machines or equipment such as a pump 
or generator.
    Verification means to evaluate whether or not a measurement 
system's outputs agree with a range of applied reference signals to 
within one or more predetermined thresholds for acceptance. Contrast 
with ``calibration''.
    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.

[[Page 40608]]

    Zero gas means a gas that yields a zero response in an analyzer. 
This may either be purified nitrogen, purified air, a combination of 
purified air and purified nitrogen. For field testing, zero gas may 
include ambient air.


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:

----------------------------------------------------------------------------------------------------------------
    Symbol            Quantity                Unit               Unit symbol               Base SI units
----------------------------------------------------------------------------------------------------------------
%.............  percent.............  0.01................  %...................  10-2
[alpha].......  atomic hydrogen to    mole per mole.......  mol/mol.............  1
                 carbon ratio.
A.............  area................  square meter........  m\2\................  m\2\
a0............  intercept of least
                 squares regression.
a1............  slope of least
                 squares regression.
[beta]........  ratio of diameters..  meter per meter.....  m/m.................  1
[beta]........  atomic oxygen to      mole per mole.......  mol/mol.............  1
                 carbon ratio.
C#............  number of carbon
                 atoms in a molecule.
D.............  diameter............  meter...............  m...................  m
DF............  dilution air          mole per mol........  mol/mol.............  1
                 fraction.
[egr].........  error between a
                 quantity and its
                 reference.
e.............  brake-specific basis  gram per kilowatt     g/(kW[middot]h).....  g[middot]3.6-
                                       hour.                                       1[middot]10\6\[middot]m-
                                                                                   2[middot]kg[middot]s\2\
F.............  F-test statistic....
f.............  frequency...........  hertz...............  Hz..................  s-1
fn............  rotational frequency  revolutions per       rev/min.............  2[middot]pi[middot]60-
                 (shaft).              minute.                                     1[middot]s-1
[gamma].......  ratio of specific     (joule per kilogram   (J/(kg[middot]K))/(J/ 1
                 heats.                kelvin) per (joule    (kg[middot]K)).
                                       per kilogram
                                       kelvin).
K.............  correction factor...  ....................  ....................  1
l.............  length..............  meter...............  m...................  m
[mu]..........  viscosity, dynamic..  pascal second.......  Pa[middot]s.........  m-1[middot]kg[middot]s-1
M.............  molar mass\1\.......  gram per mole.......  g/mol...............  10-3[middot]kg[middot]mol-1
m.............  mass................  kilogram............  kg..................  kg
m.............  mass rate...........  kilogram per second.  kg/s................  kg[middot]s-1
[b.nu]........  viscosity, kinematic  meter squared per     m\2\/s..............  m\2\[middot]s-1
                                       second.
N.............  total number in
                 series.
n.............  amount of substance.  mole................  mol.................  mol
n.............  amount of substance   mole per second.....  mol/s...............  mol[middot]s-1
                 rate.
P.............  power...............  kilowatt............  kW..................  10\3\[middot]m\2\[middot]kg[mi
                                                                                   ddot]s-3
PF............  penetration fraction
p.............  pressure............  pascal..............  Pa..................  m-1[middot]kg[middot]s-2
[rho].........  mass density........  kilogram per cubic    kg/m\3\.............  kg[middot]m-3
                                       meter.
r.............  ratio of pressures..  pascal per pascal...  Pa/Pa...............  1
r\2\..........  coefficient of
                 determination.
Ra............  average surface       micrometer..........  [mu]m...............  m-6
                 roughness.
Re#...........  Reynolds number.....
RF............  response factor.....
[sigma].......  non-biased standard
                 deviation.
SEE...........  standard estimate of
                 error.
T.............  absolute temperature  kelvin..............  K...................  K
T.............  Celsius temperature.  degree Celsius......  [deg]C..............  K-273.15
T.............  torque (moment of     newton meter........  N[middot]m..........  m\2\[middot]kg[middot]s-2
                 force).
t.............  time................  second..............  s...................  s
[Delta]t......  time interval,        second..............  s...................  s
                 period, 1/frequency.
V.............  volume..............  cubic meter.........  m\3\................  m\3\
V.............  volume rate.........  cubic meter per       m\3\/s..............  m\3\[middot]s-1
                                       second.
W.............  work................  kilowatt hour.......  kW[middot]h.........  3.6[middot]10-
                                                                                   6[middot]m\2\[middot]kg[middo
                                                                                   t]s-2
x.............  amount of substance   mole per mole.......  mol/mol.............  1
                 mole fraction \2\.
X.............  flow-weighted mean    mole per mole.......  mol/mol.............  1
                 concentration.
y.............  generic variable....
----------------------------------------------------------------------------------------------------------------
\1\ See paragraph (f)(2) of this section for the values to use for molar masses. Note that in the cases of NOX
  and HC, the regulations specify effective molar masses based on assumed speciation rather than actual
  speciation.
\2\ Note that mole fractions for THC, THCE, NMHC, NMHCE, and NOTHC are expressed on a C1 equivalent basis.

    (b) Symbols for chemical species. This part uses the following 
symbols for chemical species and exhaust constituents:

------------------------------------------------------------------------
              Symbol                              Species
------------------------------------------------------------------------
Ar...............................  argon.
C................................  carbon.
CH4..............................  methane.
C2H6.............................  ethane.
C3H8.............................  propane.
C4H10............................  butane
C5H12............................  pentane.
CO...............................  carbon monoxide.
CO2..............................  carbon dioxide.
H................................  atomic hydrogen
H2...............................  molecular hydrogen.
H2O..............................  water.
He...............................  helium.

[[Page 40609]]

 
\85\Kr...........................  krypton 85.
N2...............................  molecular nitrogen.
NMHC.............................  nonmethane hydrocarbon.
NMHCE............................  nonmethane hydrocarbon equivalent.
NO...............................  nitric oxide.
NO2..............................  nitrogen dioxide.
NOX..............................  oxides of nitrogen.
NOTHC............................  nonoxygenated hydrocarbon.
O2...............................  molecular oxygen.
OHC..............................  oxygenated hydrocarbon.
\210\Po..........................  polonium 210.
PM...............................  particulate mass.
S................................  sulfur.
THC..............................  total hydrocarbon.
ZrO2.............................  zirconium dioxide.
------------------------------------------------------------------------

    (c) Prefixes. This part uses the following prefixes to define a 
quantity:

------------------------------------------------------------------------
           Symbol                        Quantity                Value
------------------------------------------------------------------------
[mu].......................  micro...........................     10-\6\
m..........................  milli...........................     10-\3\
c..........................  centi...........................     10-\2\
k..........................  kilo............................      10\3\
M..........................  mega............................      10\6\
------------------------------------------------------------------------

    (d) Superscripts. This part uses the following superscripts to 
define a quantity:

------------------------------------------------------------------------
              Superscript                           Quantity
------------------------------------------------------------------------
overbar (such as y)...................  arithmetic mean.
overdot (such as y)...................  quantity per unit time.
------------------------------------------------------------------------

    (e) Subscripts. This part uses the following subscripts to define a 
quantity:

------------------------------------------------------------------------
            Subscript                             Quantity
------------------------------------------------------------------------
abs..............................  absolute quantity.
act..............................  actual condition.
air..............................  air, dry
atmos............................  atmospheric.
cal..............................  calibration quantity.
CFV..............................  critical flow venturi.
cor..............................  corrected quantity.
dil..............................  dilution air.
dexh.............................  diluted exhaust.
exh..............................  raw exhaust.
exp..............................  expected quantity.
i................................  an individual of a series.
idle.............................  condition at idle.
in...............................  quantity in.
init.............................  initial quantity, typically before an
                                    emission test.
j................................  an individual of a series.
max..............................  the maximum (i.e., peak) value
                                    expected at the standard over a test
                                    interval; not the maximum of an
                                    instrument range.
meas.............................  measured quantity.
out..............................  quantity out.
part.............................  partial quantity.
PDP..............................  positive-displacement pump.
ref..............................  reference quantity.
rev..............................  revolution.
sat..............................  saturated condition.
slip.............................  PDP slip.
span.............................  span quantity.
SSV..............................  subsonic venturi.
std..............................  standard condition.
test.............................  test quantity.
uncor............................  uncorrected quantity.
zero.............................  zero quantity.
------------------------------------------------------------------------

    (f) Constants. (1) This part uses the following constants for the 
composition of dry air:

------------------------------------------------------------------------
          Symbol                        Quantity               Mol/mol
------------------------------------------------------------------------
xArair....................  amount of argon in dry air.....      0.00934
xCO2air...................  amount of carbon dioxide in dry     0.000375
                             air.
xN2air....................  amount of nitrogen in dry air..      0.78084
xO2air....................  amount of oxygen in dry air....     0.209445
------------------------------------------------------------------------

    (2) This part uses the following molar masses or effective molar 
masses of chemical species:

------------------------------------------------------------------------
                                                        g/mol (10-
       Symbol                  Quantity          3[middot]kg[middot]mol-
                                                            1)
------------------------------------------------------------------------
Mair................  molar mass of dry air \1\           28.96559
MAr.................  molar mass of argon......             39.948
MC..................  molar mass of carbon.....            12.0107
MCO.................  molar mass of carbon                 28.0101
                       monoxide.
MCO2................  molar mass of carbon                 44.0095
                       dioxide.
MH..................  molar mass of atomic                 1.00794
                       hydrogen.
MH2.................  molar mass of molecular              2.01588
                       hydrogen.
MH2O................  molar mass of water......           18.01528
MHe.................  molar mass of helium.....           4.002602
MN..................  molar mass of atomic                 14.0067
                       nitrogen.
MN2.................  molar mass of molecular              28.0134
                       nitrogen.
MNMHC...............  effective molar mass of            13.875389
                       nonmethane hydrocarbon
                       \2\.
MNMHCE..............  effective molar mass of            13.875389
                       nonmethane equivalent
                       hydrocarbon \2\.
MNOX................  effective molar mass of              46.0055
                       oxides of nitrogen \3\.
MO..................  molar mass of atomic                 15.9994
                       oxygen.
MO2.................  molar mass of molecular              31.9988
                       oxygen.
MC3H8...............  molar mass of propane....           44.09562
MS..................  molar mass of sulfur.....             32.065
MTHC................  effective molar mass of            13.875389
                       total hydrocarbon \2\.
MTHCE...............  effective molar mass of            13.875389
                       total hydrocarbon
                       equivalent \2\.
------------------------------------------------------------------------
\1\ See paragraph (f)(1) of this section for the composition of dry air.
\2\ The effective molar masses of THC, THCE, NMHC, and NMHCE are defined
  by an atomic hydrogen-to-carbon ratio, [agr], of 1.85.
\3\ The effective molar mass of NOX is defined by the molar mass of
  nitrogen dioxide, NO2.

    (3) This part uses the following molar gas constant for ideal 
gases:

------------------------------------------------------------------------
                                        J/(mol) [middot] K) (10)-3
   Symbol          Quantity       (m2[middot]kg[middot]S-2 mol-1[middot]
                                                   K-1
------------------------------------------------------------------------
R...........  molar gas                                         8.314472
               constant.
------------------------------------------------------------------------

    (4) This part uses the following ratios of specific heats for 
dilution air and diluted exhaust:

------------------------------------------------------------------------
                                                               [J/
                                                         (kg[middot]K)]/
         Symbol                      Quantity                  [J/
                                                          (kg[middot]K)]
------------------------------------------------------------------------
[gamma]air..............  ratio of specific heats for            1.399
                           intake air or dilution air.
[gamma]dil..............  ratio of specific heats for            1.399
                           diluted exhaust.

[[Page 40610]]

 
[gamma]exh..............  ratio of specific heats for            1.385
                           raw exhaust.
------------------------------------------------------------------------

    (g) Other acronyms and abbreviations. This part uses the following 
additional abbreviations and acronyms:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
ASTM............................  American Society for Testing and
                                   Materials.
BMD.............................  bag mini-diluter.
BSFC............................  brake-specific fuel consumption.
CARB............................  California Air Resources Board.
CFR.............................  Code of Federal Regulations.
CFV.............................  critical-flow venturi.
CI..............................  compression-ignition.
CLD.............................  chemiluminescent detector.
CVS.............................  constant-volume sampler.
DF..............................  deterioration factor.
ECM.............................  electronic control module.
EFC.............................  electronic flow control.
EGR.............................  exhaust gas recirculation.
EPA.............................  Environmental Protection Agency.
FID.............................  flame-ionization detector.
IBP.............................  initial boiling point.
ISO.............................  International Organization for
                                   Standardization.
LPG.............................  liquefied petroleum gas.
NDIR............................  nondispersive infrared.
NDUV............................  nondispersive ultraviolet.
NIST............................  National Institute for Standards and
                                   Technology.
PDP.............................  positive-displacement pump.
PEMS............................  portable emission measurement system.
PFD.............................  partial-flow dilution.
PMP.............................  Polymethylpentene.
pt..............................  a single point at the mean value
                                   expected at the standard.
PTFE............................  polytetrafluoroethylene (commonly
                                   known as Teflon\TM\).
RE..............................  rounding error.
RMC.............................  ramped-modal cycle.
RMS.............................  root-mean square.
RTD.............................  resistive temperature detector.
SSV.............................  subsonic venturi.
SI..............................  spark-ignition.
UCL.............................  upper confidence limit.
UFM.............................  ultrasonic flow meter.
U.S.C...........................  United States Code.
------------------------------------------------------------------------

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 or www.astm.com. Table 1 follows:

              Table 1 of Sec.   1065.1010.--ASTM Materials
------------------------------------------------------------------------
            Document number and name               Part 1065 reference
------------------------------------------------------------------------
ASTM D 86-04b, Standard Test Method for               1065.703, 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 445-04, Standard Test Method for                         1065.703
 Kinematic 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 910-04a, Standard Specification for                      1065.701
 Aviation Gasolines............................
ASTM D 975-04c, Standard Specification for                      1065.701
 Diesel Fuel Oils..............................
ASTM D 1266-98 (Reapproved 2003), Standard Test                 1065.710
 Method for Sulfur in Petroleum Products (Lamp
 Method).......................................
ASTM D 1267-02, Standard Test Method for Gage                   1065.720
 Vapor Pressure of Liquefied Petroleum (LP)
 Gases (LP-Gas Method).........................
ASTM D 1319-03, Standard Test Method for                        1065.710
 Hydrocarbon Types in Liquid Petroleum Products
 by Fluorescent Indicator Adsorption...........
ASTM D 1655-04a, Standard Specification for                     1065.701
 Aviation Turbine Fuels........................
ASTM D 1837-02a, Standard Test Method for                       1065.720
 Volatility of Liquefied Petroleum (LP) Gases..
ASTM D 1838-03, Standard Test Method for Copper                 1065.720
 Strip Corrosion by Liquefied Petroleum (LP)
 Gases.........................................
ASTM D 1945-03, Standard Test Method for                        1065.715
 Analysis of Natural Gas by Gas Chromatography.
ASTM D 2158-04, Standard Test Method for                        1065.720
 Residues 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                           1065.720
 Calculation of Certain Physical Properties of
 Liquefied Petroleum (LP) Gases from
 Compositional Analysis........................
ASTM D 2622-03, Standard Test Method for Sulfur                 1065.703
 in 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 (Reapproved 2003), Standard Test                 1065.720
 Method for Sulfur in Liquefied Petroleum Gases
 (Oxy-Hydrogen Burner or Lamp).................
ASTM D 2880-03, Standard Specification for Gas                  1065.701
 Turbine Fuel Oils.............................
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                   1065.710
 in Gasoline By Atomic Absorption Spectroscopy.
ASTM D 4814-04b, Standard Specification for                     1065.701
 Automotive Spark-Ignition Engine Fuel.........
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 D 5797-96 (Reapproved 2001), Standard                      1065.701
 Specification for Fuel Methanol (M70-M85) for
 Automotive Spark-Ignition Engines.............

[[Page 40611]]

 
ASTM D 5798-99 (Reapproved 2004), Standard                      1065.701
 Specification for Fuel Ethanol (Ed75-Ed85) for
 Automotive Spark-Ignition Engines.............
ASTM D 6615-04a, Standard Specification for Jet                 1065.701
 B Wide-Cut Aviation Turbine Fuel..............
ASTM D 6751-03a, Standard Specification for                     1065.701
 Biodiesel Fuel Blend Stock (B100) for Middle
 Distillate Fuels..............................
ASTM D 6985-04a, Standard Specification for                     1065.701
 Middle Distillate Fuel Oil Military Marine
 Applications..................................
ASTM F 1471-93 (Reapproved 2001), Standard Test                1065.1001
 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 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 or www.iso.org. Table 2 follows:

               Table 2 of Sec.   1065.1010.--ISO Materials
------------------------------------------------------------------------
            Document number and name               Part 1065 reference
------------------------------------------------------------------------
ISO 14644-1, Cleanrooms and associated                          1065.190
 controlled 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 purchase copies of these materials from the 
Government Printing Office, Washington, DC 20402 or download them free 
from the Internet at www.nist.gov. Table 3 follows:

               Table 3 of Sec.   1065.1010. NIST Materials
------------------------------------------------------------------------
            Document number and name               Part 1065 reference
------------------------------------------------------------------------
NIST Special Publication 811, 1995 Edition,          1065.20, 1065.1001,
 Guide for the Use of the International System                 1065.1005
 of Units (SI), Barry N. Taylor, Physics
 Laboratory....................................
NIST Technical Note 1297, 1994 Edition,                        1065.1001
 Guidelines for Evaluating and Expressing the
 Uncertainty of NIST Measurement Results, Barry
 N. Taylor and Chris E. Kuyatt.................
------------------------------------------------------------------------

    (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 or 
www.sae.org. Table 4 follows:

               Table 4 of Sec.   1065.1010. SAE Materials
------------------------------------------------------------------------
                                                              Part 1065
                  Document number and name                    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              1065.309
 Emissions in Heavy Duty Applications,'' Ganesan B. and
 Clark N. N., West Virginia University, SAE 2001-01-3536...
------------------------------------------------------------------------

    (e) California Air Resources Board material. Table 5 of this 
section lists material from the California Air Resources Board 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 get copies of these materials from 
the California Air Resources Board 9528 Telstar Ave., El Monte, 
California 91731. Table 5 follows:

[[Page 40612]]



  Table 5 of Sec.   1065.1010. California Air Resources Board Materials
------------------------------------------------------------------------
                                                              Part 1065
                  Document number and name                    reference
------------------------------------------------------------------------
``California Non-Methane Organic Gas Test Procedures,''         1065.805
 Amended July 30, 2002, Mobile Source Division, California
 Air Resources Board.......................................
------------------------------------------------------------------------

[FR Doc. 05-11534 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-U