116. Section 92.216 is amended by removed by removing and reserving paragraph ( a)( 2). 44 117. Section 92.512 is amended by revising paragraph ( e) to read as follows: § 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 § § 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. * * * * *

118. Section 92.906 is amended by revising paragraph ( a) introductory text to read as follows: § 92.906 Manufacturer owned, remanufacturer owned exemption and display exemption. ( a) Any manufacturer owned or remanufacturer owned locomotive or locomotive engine is exempt from § 92.1103, without application, if the manufacturer complies with the following terms and conditions: * * * * *

119. 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: § 92.1106 Penalties. ( a) * * * ( 1) A person who violates § 92.1103 ( a)( 1), ( a)( 4), or ( a)( 5), or a manufacturer, remanufacturer, dealer or railroad who violates § 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 § 92.1103( a)( 3)( i) or any person who violates § 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 § 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. * * * * *

120. 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 * * * * * 45 ( d) Minimum number of tests. The recommended minimum number of tests with each system necessary to determine equivalency is: ( 1) Four 10 mode locomotive or locomotive engine tests, conducted in accordance with the provisions of Subpart B of this part; or * * * * *

PART 94   CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION IGNITION ENGINES 121. The authority citation for part 94 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

122. Section 94.2 is amended in paragraph ( b) by revising the definitions of " Marine vessel", " marine engine", and " United States" and adding a definition of " Amphibious vehicle" in alphabetical order to read as follows: § 94.2 Definitions. * * * * * Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water. * * * * * Marine engine means a nonroad engine that is installed or intended to be installed on a marine vessel. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. There are two kinds of marine engines: ( 1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. ( 2) Auxiliary marine engine means a marine engine not used for propulsion. Marine vessel has the meaning given in 1 U. S. C. 3, except that it does not include amphibious vehicles. The definition in 1 U. S. C. 3 very broadly includes every craft capable of being used as a means of transportation on water. * * * * * United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U. S. Virgin Islands. * * * * *

123. Section 94.107 is amended by revising paragraph ( b) to read as follows: § 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.

124. Section 94.109 is amended by revising paragraph ( b) to read as follows: § 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 § 94.5) shall be used to measure THC and CO. * * * * * 46 125. Section 94.904 is amended by adding a new paragraph ( c) to read as follows: § 94.904 Exemptions. * * * * * ( c) If you want to take an action with respect to an exempted or excluded engine that is prohibited by the exemption or exclusion, such as selling it, you need to certify the engine. We will issue a certificate of conformity if you send us an application for certification showing that you meet all the applicable requirements from this part 94 and pay the appropriate fee. Also, in some cases, we may allow manufacturers to modify the engine as needed to make it identical to engines already covered by a certificate. We would base such an approval on our review of any appropriate documentation. These engines must have emission control information labels that accurately describe their status.

126. Section 94.907 is amended by revising paragraphs ( a), ( b), ( c), ( d) introductory text, ( d)( 1)( ii), ( d)( 2), ( d)( 3)( i), ( d)( 4), and ( g) and adding introductory text to paragraph ( h) to read as follows: § 94.907 Engine dressing exemption. ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce new marine engines into commerce if they are already certified to the requirements that apply to compression ignition engines under 40 CFR parts 85 and 86 or 40 CFR part 89, 92 or 1039 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a valid certificate of conformity under this part 94 for its model year, without a separate application for certification under the requirements of this part 94. ( b) Boat builder provisions. If you are not an engine manufacturer, you may install an engine certified for the appropriate model year under 40 CFR part 86, 89, 92, or 1039 in a marine vessel as long as the engine has been properly labeled as specified in paragraph ( d)( 5) of this section and you do not make any of the changes described in paragraph ( d)( 3) of this section. If you modify the non marine engine in any of the ways described in paragraph ( d)( 3) of this section, we will consider you a manufacturer of a new marine engine. Such engine modifications prevent you from using the provisions of this section. ( 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 § 94.1103( a)( 1) apply to these new engines and vessels; however, we consider the certificate issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a valid certificate of conformity under this part 94 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under this part 94 or under 40 CFR part 85, 89, 92, or 1039. ( d) Specific requirements. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new marine engine, the engine is eligible for an exemption under this section: ( 1) * * * ( ii) Land based nonroad diesel engines ( 40 CFR part 89 or 1039). * * * * * ( 2) The engine must have the label required under 40 CFR part 86, 89, 92, or 1039. * * * * * ( 3) * * * ( i) Change any fuel system parameters from the certified configuration, or change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. * * * * * ( 4) You must show that fewer than 50 percent of the engine model's total sales for the model year, from all 47 companies, are used in marine applications, as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information. * * * * * ( g) Failure to comply. If your engines do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 94 and the certificate issued under 40 CFR part 86, 89, 92, or 1039 will not be deemed to also be a certificate issued under this part 94. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 94.1103( a)( 1). ( h) Data submission. * * * * * * * * ( i) Participation in averaging, banking and trading. Engines adapted for marine use under this section may not generate or use emission credits under this part 94. These engines may generate credits under the ABT provisions in 40 CFR part 86, 89, 92, or 1039, as applicable. These engines must use emission credits under 40 CFR part 86, 89, 92, or 1039 as applicable if they are certified to an FEL that exceeds an applicable standard.

127. A new § 94.912 is added to subpart J to read as follows: § 94.912 Optional certification to land based standards for auxiliary marine engines. ( a) If an engine meets all the following criteria, it is exempt from the requirements of this part: ( 1) The marine engines must be identical in all material respects to a land based engine covered by a valid certificate of conformity for the appropriate model year showing that it meets emission standards for engines of that power rating under 40 CFR part 89 or 1039. ( 2) The engines may not be used as propulsion marine engines. ( 3) The engines must have the emission control information label we require in 40 CFR 89.110 or 40 CFR 1039.135, including additional information to identify the engine as certified also for auxiliary marine applications. ( 4) The number of auxiliary marine engines from the engine family must be smaller than the number of landbased engines from the engine family. ( 5) In your application for certification, you must identify your plans to produce engines for both land based and auxiliary marine applications, including projected sales of marine engines. If the projected marine sales are substantial, we may ask for the year end report of production volumes to include actual auxiliary marine engine sales. ( b) The only requirements or prohibitions from this part that apply to an engine that is exempt under this section are in this section. ( c) If your engines do not meet the criteria listed in paragraph ( a) of this section, they will be subject to all the requirements and prohibitions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in § 94.1103. ( d) Engines exempted under this section are subject to all the requirements affecting engines under 40 CFR part 89 or 1039. The requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as if these were land based nonroad diesel engines. ( e) If you produce marine engines under the provisions of this section, include them in your emission credit calculations in 40 CFR part 89 or 1039, as applicable. Do not count these marine engines in emission credit calculations under 40 CFR part 94. ( f) The requirements for vessel manufacturers, owners, and operators in subpart K of this part apply to these engines whether they are certified under this part 94 or another part as allowed by this section.

128. Section 94.1001 is revised to read as follows: 48 § 94.1001 Applicability. The requirements of this subpart are applicable to manufacturers, owners, and operators of marine vessels that contain engines with per cylinder displacement of at least 2.5 liters subject to the provisions of subpart A of this part, except as otherwise specified.

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

130. Section 94.1106 is amended by revising the introductory text and paragraphs ( a)( 1), ( a)( 2 ), and ( c)( 1) to read as follows: § 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 § 94.1103( a)( 1), ( a)( 4), ( a)( 5), ( a)( 6), or ( a)( 7)( iv) or a manufacturer or dealer who violates § 94.1103( a)( 3)( i) or ( iii) or § 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 § 94.1103( a)( 3) ( i) or ( iii) or § 94.1103( a)( 7) ( i), ( ii), or ( iii) or any person who violates § 94.1103( a)( 3)( ii) is subject to a civil penalty of not more than $ 2,750 for each violation. * * * * * 49 ( c) * * * ( 1) Administrative penalty authority. Subject to 42 U. S. C. 7524( c), in lieu of commencing a civil action under paragraph ( b) of this section, the Administrator may assess any civil penalty prescribed in paragraph ( a) of this section, except that the maximum amount of penalty sought against each violator in a penalty assessment proceeding shall not exceed $ 270,000, unless the Administrator and the Attorney General jointly determine that a matter involving a larger penalty amount is appropriate for administrative penalty assessment. Any such determination by the Administrator and the Attorney General is not subject to judicial review. Assessment of a civil penalty shall be by an order made on the record after opportunity for a hearing held in accordance with the procedures found at part 22 of this chapter. The Administrator may compromise, or remit, with or without conditions, any administrative penalty which may be imposed under this section. * * * * * ( d) The maximum penalty values listed in paragraphs ( a) and ( c) of this section are shown for calendar year 2004. Maximum penalty limits for later years may be adjusted based on the Consumer Price Index. The specific regulatory provisions for changing the maximum penalties, published in 40 CFR part 19, reference the applicable U. S. Code citation on which the prohibited action is based.

PART 1039   CONTROL OF EMISSIONS FROM NEW AND IN USE NONROAD COMPRESSIONIGNITION ENGINES 131. The authority citation for part 1039 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

132. Section 1039.1 is amended by revising paragraph ( c) to read as follows: § 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 § 1039.20. In addition, if these engines are uncertified, the prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines. * * * * *

133. Section 1039.5 is amended by revising paragraphs ( b)( 1)( iii) and ( b)( 2) to read as follows: § 1039.5 Which engines are excluded from this part's requirements? * * * * * ( b) Marine engines. ( 1) * * * ( iii) Engines that are exempt from the standards of 40 CFR part 94 pursuant to the provisions of 40 CFR part 94 ( except for the provisions of 40 CFR 94.907 or 94.912). For example, an engine that is exempt under 40 CFR 94.906 because it is a manufacturer owned engine is not subject to the provisions of this part 1039. * * * * * ( 2) Marine engines are subject to the provisions of this part 1039 if they are exempt from 40 CFR part 94 based on the engine dressing provisions of 40 CFR 94.907 or the common family provisions of 40 CFR 94.912. * * * * *

134. Section 1039.10 is amended by revising the introductory text to read as follows: § 1039.10 How is this part organized? The regulations in this part 1039 contain provisions that affect both engine manufacturers and others. However, 50 the requirements of this part are generally addressed to the engine manufacturer. The term " you" generally means the engine manufacturer, as defined in § 1039.801. This part 1039 is divided into the following subparts: * * * * *

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

136. Section 1039.125 is amended by revising paragraph ( g) introductory text to read as follows: § 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: * * * * *

137. Section 1039.130 is amended by revising paragraph ( b)( 3) to read as follows: § 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 § 1039.205( u). * * * * *

138. Section 1039.225 is amended by revising the section heading and adding paragraphs ( a)( 3) and ( f) to read as follows: § 1039.225 How do I amend my application for certification to include new or modified engines or to change an FEL? * * * * * ( a) * * * ( 3) Modify an FEL for an engine family, as described in paragraph ( f) of this section. * * * * * ( f) You may ask to change your FEL in the following cases: ( 1) You may ask to raise your FEL after the start of production. You may not apply the higher FEL to engines you have already introduced into commerce. Use the appropriate FELs with corresponding sales volumes to calculate your average emission level, as described in subpart H of this part. In your request, you must demonstrate that you will still be able to comply with the applicable average emission standards as specified in subparts B and H of this part. 51 ( 2) You may ask to lower the FEL for your engine family after the start of production only when you have test data from production engines indicating that your engines comply with the lower FEL. You may create a separate subfamily with the lower FEL. Otherwise, you must use the higher FEL for the family to calculate your average emission level under subpart H of this part. ( 3) If you change the FEL during production, you must include the new FEL on the emission control information label for all vehicles produced after the change.

139. Section 1039.240 is amended by revising paragraphs ( a) and ( b) to read as follows: § 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 § 1039.101( a) and ( b), § 1039.102( a) and ( b), § 1039.104, or § 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 § 1039.101, § 1039.102, § 1039.104, or § 1039.105 for any pollutant. * * * * *

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

141. Section 1039.605 is amended by revising the section heading and adding paragraph ( g) to read as follows: § 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.

142. Section 1039.610 is amended by revising the section heading and adding paragraph ( g) to read as follows: § 1039.610 What provisions apply to vehicles certified under the motor vehicle program? * * * * * ( g) Participation in averaging, banking and trading. Vehicles adapted for nonroad use under this section may not generate or use emission credits under this part 1039. These vehicles may generate credits under the ABT provisions in 40 CFR part 86. These vehicles must be included in the calculation of the applicable fleet average in 40 CFR part 86.

143. Section 1039.625 is amended by revising paragraph ( j) to read as follows: § 1039.625 What requirements apply under the program for equipment manufacturer flexibility? * * * * * ( j) Provisions for engine manufacturers. As an engine manufacturer, you may produce exempted engines as needed under this section. You do not have to request this exemption for your engines, but you must have written assurance from equipment manufacturers that they need a certain number of exempted engines under this section. Send us an annual report of the engines you produce under this section, as described in § 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 § 1068.265. If you show under § 1068.265( c) that the engines are 52 identical in all material respects to engines that you have previously certified to one or more FELs above the standards specified in paragraph ( e) of this section, you must supply sufficient credits for these engines. Calculate these credits under subpart H of this part using the previously certified FELs and the alternate standards. You must meet the labeling requirements in 40 CFR 89.110, but add the following statement instead of the compliance statement in 40 CFR 89.110( b)( 10): THIS ENGINE MEETS U. S. EPA EMISSION STANDARDS UNDER 40 CFR 1039.625. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 1039.625 MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY. * * * * *

144. Section 1039.655 is amended by revising paragraph ( a)( 3) to read as follows: § 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 § 1068.265. * * * * *

145. Section 1039.705 amended by adding text to paragraph ( c)( 4) to read as follows: § 1039.705 How do I generate and calculate emission credits? * * * * * ( c) * * * ( 4) Engines for which the location of first retail sale is in a state that has applicable emission regulations for that model year. For example, you may not include engines sold in California if it has emission standards for these engines, and you may not include engines sold in other states that adopt California's emission standards under Clean Air Act section 209( e)( 2)( B). * * * * *

146. Section 1039.740 amended by adding paragraph ( b)( 4) to read as follows: § 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 § 1039.102. * * * * *

147. Section 1039.801 is amended by revising the definitions for " Aftertreatment", " Brake power", " Constant speed operation", " Exempted", " Good engineering judgment", " Marine engine", " Marine vessel", " Motor vehicle", " Revoke", " Suspend", " United States", and " Void" and adding a definition for " Amphibious vehicle" to read as follows: § 1039.801 What definitions apply to this part? * * * * * Aftertreatment means relating to a catalytic converter, particulate filter, or any other system, component, or technology mounted downstream of the exhaust valve ( or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is exhausted to the environment. Exhaust gas recirculation ( EGR) and turbochargers are not aftertreatment. * * * * * 53 Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water. * * * * * Brake power means the usable power output of the engine, not including power required to fuel, lubricate, or heat the engine, circulate coolant to the engine, or to operate aftertreatment devices. * * * * * Constant speed operation means engine operation with a governor that controls the operator input to maintain an engine at a reference speed, even under changing load. For example, an isochronous governor changes reference speed temporarily during a load change, then returns the engine to its original reference speed after the engine stabilizes. Isochronous governors typically allow speed changes up to 1.0 %. Another example is a speed droop governor, which has a fixed reference speed at zero load and allows the reference speed to decrease as load increases. With speed droop governors, speed typically decreases ( 3 to 10) % below the reference speed at zero load, such that the minimum reference speed occurs near the engine's point of maximum power. * * * * * Exempted has the meaning we give in 40 CFR 1068.30. * * * * * Good engineering judgment has the meaning we give in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment. * * * * * Marine engine means a nonroad engine that is installed or intended to be installed on a marine vessel. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. There are two kinds of marine engines: ( 1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. ( 2) Auxiliary marine engine means a marine engine not used for propulsion. Marine vessel has the meaning given in 1 U. S. C. 3, except that it does not include amphibious vehicles. The definition in 1 U. S. C. 3 very broadly includes every craft capable of being used as a means of transportation on water. * * * * * Motor vehicle has the meaning we give in 40 CFR 85.1703( a). In general, motor vehicle means any vehicle that EPA deems to be capable of safe and practical use on streets or highways that has a maximum ground speed above 40 kilometers per hour ( 25 miles per hour) over level, paved surfaces. * * * * * Revoke has the meaning we give in 40 CFR 1068.30. * * * * * Suspend has the meaning we give in 40 CFR 1068.30. * * * * * United States has the meaning we give in 40 CFR 1068.30. * * * * * Void has the meaning we give in 40 CFR 1068.30. * * * * *

PART 1048   CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK IGNITION ENGINES 148. The authority citation for part 1048 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

149. The heading for subpart A is revised to read as follows: 54 Subpart A   Overview and Applicability 150. Section 1048.1 is revised to read as follows: § 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 § 1048.801) with maximum engine power above 19 kW, except as provided in § 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 § § 1048.101 through 1048.115, § 1048.145, and the definition of model year in § 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 § 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.

151. Section 1048.5 is revised to read as follows: § 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.

152. Section 1048.10 is revised to read as follows: § 1048.10 What main steps must I take to comply with this part? 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 § 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 § 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.

153. Section 1048.15 is revised to read as follows: § 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. 55 ( 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.

154. Section 1048.20 is revised to read as follows: § 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 § 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 § 1048.135( g) regarding duplicate labels if the engine label is obscured in the final installation. ( b) Engine labels or tags required under this section must have the following information: ( 1) Include the heading " EMISSION CONTROL INFORMATION". ( 2) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( 3) State the engine displacement ( in liters) and maximum engine power. ( 4) State: " THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40 CFR PART 1048 AS A " STATIONARY ENGINE." INSTALLING OR USING THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.".

155. Section 1048.101 is amended by revising the introductory text and paragraphs ( a), ( b), ( c), ( e), ( g), and ( h) to read as follows: § 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. Highload engines and engines with maximum engine power above 560 kW are not subject to the transient standards in this paragraph ( a). ( 3) You may optionally certify your engines according to the following formula instead of the standards in paragraph ( a)( 1) of this section: ( HC+ NOx) × CO0.784

8.57. The HC+ NOx and CO emission levels you select to satisfy this formula, rounded to the nearest 0.1 g/ kW hr, become the emission standards that apply for 56 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)( 2):

Table 1 of § 1048.101   Examples of Possible Tier 2 Duty cycle Emission Standards HC+ NOx ( g/ kW hr) CO ( g/ kW hr)

2.7 4.4 2.2 5.6 1.7 7.9 1.3 11.1 1.0 15.5 0.8 20.6 ( b) Standards for steady state testing. Except as we allow in paragraph ( d) of this section, steady state exhaust emissions from your engines may not exceed emission standards, as follows: ( 1) Measure emissions using the applicable steady state test procedures described in subpart F of this part: ( 2) The following table shows the Tier 1 exhaust emission standards that apply to engines from 2004 through 2006 model years:

Table 2 of § 1048.101   Tier 1 Emission Standards ( g/ kW hr)

Testing General emission standards Alternate emission standards for severe 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) × 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): 57 Table 3 of § 1048.101   Examples of Possible Tier 2 Field testing Emission Standards HC+ NOx ( g/ kW hr) CO ( g/ kW hr)

3.8 6.5 3.1 8.5 2.4 11.7 1.8 16.8 1.4 23.1 1.1 31.0 * * * * * ( e) Fuel types. The exhaust emission standards in this section apply for engines using each type of fuel specified in 40 CFR part 1065, subpart C, on which the engines in the engine family are designed to operate, except for engines certified under § 1048.625. For engines certified under § 1048.625, the standards of this section apply to emissions measured using the specified test fuel. You must meet the numerical emission standards for hydrocarbons in this section based on the following types of hydrocarbon emissions for engines powered by the following fuels: ( 1) Gasoline and LPG fueled engines: THC emissions. ( 2) Natural gas fueled engines: NMHC emissions. ( 3) Alcohol fueled engines: THCE emissions. * * * * * ( g) Useful life. Your engines must meet the exhaust emission standards in paragraphs ( a) through ( c) of this section over their full useful life. The minimum useful life is 5,000 hours of operation or seven years, whichever comes first. ( 1) Specify a longer useful life in hours for an engine family under either of two conditions: ( i) If you design, advertise, or market your engine to operate longer than the minimum useful life ( your recommended hours until rebuild may indicate a longer design life). ( ii) If your basic mechanical warranty is longer than the minimum useful life. ( 2) You may request in your application for certification that we approve a shorter useful life for an engine family. We may approve a shorter useful life, in hours of engine operation but not in years, if we determine that these engines will rarely operate longer than the shorter useful life. If engines identical to those in the engine family have already been produced and are in use, your demonstration must include documentation from such in use engines. In other cases, your demonstration must include an engineering analysis of information equivalent to such in use data, such as data from research engines or similar engine models that are already in production. Your demonstration must also include any overhaul interval that you recommend, any mechanical warranty that you offer for the engine or its components, and any relevant customer design specifications. Your demonstration may include any other relevant information. The useful life value may not be shorter than any of the following: ( i) 1,000 hours of operation. ( ii) Your recommended overhaul interval. ( iii) Your mechanical warranty for the engine. ( h) Applicability for testing. The emission standards in this subpart apply to all testing, including certification, production line, and in use testing. For production line testing, you must perform duty cycle testing as specified in § § 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.

156. Section 1048.105 is amended by revising the section heading and adding introductory text to read as follows: 58 § 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. * * * * *

157. Section 1048.115 is amended by revising the introductory text and paragraphs ( a), ( e), and ( g) to read as follows: § 1048.115 What other requirements must my engines meet? Engines subject to this part must meet the following requirements: ( a) Crankcase emissions. Crankcase emissions may not be discharged directly into the ambient atmosphere from any engine, except as follows: ( 1) Engines may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions ( either physically or mathematically) during all emission testing. ( 2) If you take advantage of this exception, you must do the following things: ( i) Manufacture the engines so that all crankcase emissions can be routed into the applicable sampling systems specified in 40 CFR part 1065. ( ii) Account for deterioration in crankcase emissions when determining exhaust deterioration factors. ( 3) For purposes of this paragraph ( a), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be discharged directly into the ambient atmosphere. * * * * * ( e) Adjustable parameters. Engines that have adjustable parameters must meet all the requirements of this part for any adjustment in the physically adjustable range. An operating parameter is not considered adjustable if you permanently seal it or if it is not normally accessible using ordinary tools. We may require that you set adjustable parameters to any specification within the adjustable range during any testing, including certification testing, selective enforcement auditing, or in use testing. * * * * * ( g) Defeat devices. You may not equip your engines with a defeat device. A defeat device is an auxiliary emission control device that reduces the effectiveness of emission controls under conditions that the engine may reasonably be expected to encounter during normal operation and use. This does not apply to auxiliary emission control devices you identify in your certification application if any of the following is true: ( 1) The conditions of concern were substantially included in the applicable test procedures described in subpart F of this part. ( 2) You show your design is necessary to prevent engine ( or equipment) damage or accidents. ( 3) The reduced effectiveness applies only to starting the engine.

158. Section 1048.120 is revised to read as follows: § 1048.120 What emission related warranty requirements apply to me? ( a) General requirements. You must warrant to the ultimate purchaser and each subsequent purchaser that the new nonroad engine, including all parts of its emission control system, meets two conditions: ( 1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part. ( 2) It is free from defects in materials and workmanship that may keep it from meeting these requirements. ( b) Warranty period. Your emission related warranty must be valid for at least 50 percent of the engine's useful life in hours of operation or at least three years, whichever comes first. In the case of a high cost warranted part, the warranty must be valid for at least 70 percent of the engine's useful life in hours of operation or at least five years, whichever comes first. You may offer an emission related warranty more generous than we require. The emission related warranty for the engine may not be shorter than any published warranty you offer without charge for the engine. Similarly, the emission related warranty for any component may not be shorter than any published warranty you offer without charge for that component. If you provide an extended warranty to individual owners for any components covered in paragraph ( c) of this section for an additional charge, your emission related 59 warranty must cover those components for those owners to the same degree. If an engine has no hour meter, we base the warranty periods in this paragraph ( b) only on the engine's age ( in years). The warranty period begins when the engine is placed into service. ( c) Components covered. The emission related warranty covers all components whose failure would increase an engine's emissions of any pollutant. This includes components listed in 40 CFR part 1068, Appendix I, and components from any other system you develop to control emissions. The emission related warranty covers these components even if another company produces the component. Your emission related warranty does not cover components whose failure would not increase an engine's emissions of any pollutant. ( d) Limited applicability. You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, as described in 40 CFR 1068.115. ( e) Owners manual. Describe in the owners manual the emission related warranty provisions from this section that apply to the engine.

159. Section 1048.125 is revised to read as follows: § 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 inuse 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 paragraph ( 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 § 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 60 cleaning of fuel system components for engines you have reason to believe will be using fuel that causes substantially more engine performance problems than commercial fuels of the same type that are generally available across the United States. You must clearly state that this additional maintenance is associated with the special situation you are addressing. ( d) Noncritical emission related maintenance. You may schedule any amount of emission related inspection or maintenance that is not covered by paragraph ( a) of this section, as long as you state in the owners manual that these steps are not necessary to keep the emission related warranty valid. If operators fail to do this maintenance, this does not allow you to disqualify those engines from in use testing or deny a warranty claim. Do not take these inspection or maintenance steps during service accumulation on your emission data engines. ( e) Maintenance that is not emission related. For maintenance unrelated to emission controls, you may schedule any amount of inspection or maintenance. You may also take these inspection or maintenance steps during service accumulation on your emission data engines, as long as they are reasonable and technologically necessary. This might include adding engine oil, changing air, fuel, or oil filters, servicing engine cooling systems, and adjusting idle speed, governor, engine bolt torque, valve lash, or injector lash. You may perform this nonemission related maintenance on emission data engines at the least frequent intervals that you recommend to the ultimate purchaser ( but not the intervals recommended for severe service). ( f) Source of parts and repairs. State clearly on the first page of your written maintenance instructions that a repair shop or person of the owner's choosing may maintain, replace, or repair emission control devices and systems. Your instructions may not require components or service identified by brand, trade, or corporate name. Also, do not directly or indirectly condition your warranty on a requirement that the equipment be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship. You may disregard the requirements in this paragraph ( f) if you do one of two things: ( 1) Provide a component or service without charge under the purchase agreement. ( 2) Get us to waive this prohibition in the public's interest by convincing us the engine will work properly only with the identified component or service. ( g) Payment for scheduled maintenance. Owners are responsible for properly maintaining their engines. This generally includes paying for scheduled maintenance. However, manufacturers must pay for scheduled maintenance during the useful life if it meets all the following criteria: ( 1) Each affected component was not in general use on similar engines before January 1, 2004. ( 2) The primary function of each affected component is to reduce emissions. ( 3) The cost of the scheduled maintenance is more than 2 percent of the price of the engine. ( 4) Failure to perform the maintenance would not cause clear problems that would significantly degrade the engine's performance. ( h) Owners manual. Explain the owner's responsibility for proper maintenance in the owners manual.

160. Section 1048.130 is amended by revising paragraphs ( a), ( b)( 3), ( b)( 7), ( b)( 8), and ( d) to read as follows: § 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 § 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.". 61 * * * * * ( d) Provide instructions in writing or in an equivalent format. For example, you may post instructions on a publicly available website for downloading or printing. If you do not provide the instructions in writing, explain in your application for certification how you will ensure that each installer is informed of the installation requirements.

161. Section 1048.135 is revised to read as follows: § 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 § 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 § 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 § 1048.101( g)( 1) or a shortened useful life under § 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 § 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. 62 ( 17) If your engines are certified to the voluntary standards in § 1048.140, state: " BLUE SKY SERIES". ( d) You may add information to the emission control information label to identify other emission standards that the engine meets or does not meet ( such as California standards). You may also add other information to ensure that the engine will be properly maintained and used. ( e) You may ask us to approve modified labeling requirements in this part 1048 if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. ( g) If you obscure the engine label while installing the engine in the equipment, you must place a duplicate label on the equipment. If others install your engine in their equipment in a way that obscures the engine label, we require them to add a duplicate label on the equipment ( see 40 CFR 1068.105); in that case, give them the number of duplicate labels they request and keep the following records for at least five years: ( 1) Written documentation of the request from the equipment manufacturer. ( 2) The number of duplicate labels you send and the date you sent them.

162. Section 1048.140 is amended by revising paragraph ( c) to read as follows: § 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 § 1048.140   Long term Standards for Blue Sky Series Engines ( g/ kW hr)

Level Standards for steady state and transient test procedures Standards for field testing procedures HC+ NOx CO HC+ NOx CO Blue Sky 0.8 4.4 1.1 6.6 Advanced Blue Sky 0.3 1.0 0.4 1.5 * * * * *

163. Section 1048.145 is amended by revising paragraph ( a) and removing and reserving paragraph( c) to read as follows: § 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 § 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 63 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 kWengine 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 t o50 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. * * * * *

164. Section 1048.201 is revised to read as follows: § 1048.201 What are the general requirements for obtaining a certificate of conformity? ( a) You must send us a separate application for a certificate of conformity for each engine family. A certificate of conformity is valid from the indicated effective date until December 31 of the model year for which it is issued. ( b) The application must contain all the information required by this part and must not include false or incomplete statements or information ( see § 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 § 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 § 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 § 1048.235( c)).

165. Section 1048.205 is revised to read as follows: § 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 § 1048.201( c). We may require you to provide additional information to evaluate your application. ( a) Describe the engine family's specifications and other basic parameters of the engine's design and emission controls. List the fuel types on which your engines are designed to operate ( for example, gasoline and natural gas). List each distinguishable engine configuration in the engine family. ( b) Explain how the emission control system operates. Describe in detail all system components for controlling exhaust emissions, including all auxiliary emission control devices ( AECDs) and all fuel system components you will install on any production or test engine. Describe the evaporative emission controls. Identify the part number of each component you describe. For this paragraph ( b), treat as separate AECDs any devices that modulate or activate differently from each other. Include all the following: ( 1) Give a general overview of the engine, the emission control strategies, and all AECDs. ( 2) Describe each AECD's general purpose and function. ( 3) Identify the parameters that each AECD senses ( including measuring, estimating, calculating, or empirically deriving the values). Include equipment based parameters and state whether you simulate them during testing with the applicable procedures. ( 4) Describe the purpose for sensing each parameter. ( 5) Identify the location of each sensor the AECD uses. ( 6) Identify the threshold values for the sensed parameters that activate the AECD. 64 ( 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 § 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 § 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 § 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 § 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 § 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 § 1048.245). 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: 65 ( 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 § 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 § 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 § 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 § 1048.104 for all normal operation and use when tested as specified in § 1048.515. Describe any relevant testing, engineering analysis, or other information in sufficient detail to support your statement. ( r) For engines with maximum engine power above 560 kW, include information showing how your emission controls will function during normal in use transient operation. For example, this might include the following: ( 1) Emission data from transient testing of engines using measurement systems designed for measuring in use emissions. ( 2) Comparison of the engine design for controlling transient emissions with that from engines for which you have emission data over the transient duty cycle for certification. ( 3) Detailed descriptions of control algorithms and other design parameters for controlling transient emissions. ( s) Report all test results, including those from invalid tests or from any other tests, whether or not they were conducted according to the test procedures of subpart F of this part. If you measure CO2, report those emission levels. We may ask you to send other information to confirm that your tests were valid under the requirements of this part and 40 CFR part 1065. ( t) Describe all adjustable operating parameters ( see § 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 66 related to requests for exemptions.

166. Section 1048.210 is revised to read as follows: § 1048.210 May I get preliminary approval before I complete my application? If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission control devices, deterioration factors, testing for service accumulation, and maintenance. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. If you request preliminary approval related to the upcoming model year or the model year after that, we will make best efforts to make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years ahead of time.

167. Section 1048.215 is removed.

168. Section 1048.220 is revised to read as follows: § 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 § 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.

169. Section 1048.225 is revised to read as follows: § 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 § 1048.230. ( 2) Change an engine already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine's lifetime. 67 ( 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 § 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.

170. Section 1048.230 is revised to read as follows: § 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 § 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.

171. Section 1048.235 is revised to read as follows: § 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 68 § § 1048.101( a) and ( b) and 1048.105 during certification. See § 1048.205( q) regarding emission testing related to the field testing standards. See § 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 § 1048.115( e)). ( 4) Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. ( d) You may ask to use emission data from a previous model year instead of doing new tests, but only if all the following are true: ( 1) The engine family from the previous model year differs from the current engine family only with respect to model year. ( 2) The emission data engine from the previous model year remains the appropriate emission data engine under paragraph ( b) of this section. ( 3) The data show that the emission data engine would meet all the requirements that apply to the engine family covered by the application for certification. ( e) We may require you to test a second engine of the same or different configuration in addition to the engine tested under paragraph ( b) of this section. ( f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure.

172. Section 1048.240 is revised to read as follows: § 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 § 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 § 1048.101 for any pollutant. ( c) To compare emission levels from the emission data engine with the applicable emission standards, apply 69 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.

173. Section 1048.250 is amended by revising paragraphs ( a) and ( c) to read as follows: § 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 § 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. * * * * * 70 174. Section 1048.255 is revised to read as follows: § 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. ( 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 § 1048.820).

175. Section 1048.301 is amended by revising paragraphs ( a) and ( f) to read as follows: § 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.

176. Section 1048.305 is amended by revising paragraphs ( d)( 1), ( f), and ( g) to read as follows: § 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 § 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 71 N

( t 95 ×  )

( x

STD) 2  1

( X i

x) 2 n

1 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.

177. Section 1048.310 is amended by revising paragraphs ( c) introductory text, ( c)( 2), ( g), and ( i) to read as follows: § 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:

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.

  = 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,  , for the test sample using the following formula:

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 § 1048.315. ( 3) You test 30 engines from the engine family. ( 4) You test eight engines and one percent of your projected annual U. S. directed production volume for the engine family. ( 5) You choose to declare that the engine family does not comply with the requirements of this subpart. * * * * * ( i) You may elect to test more randomly chosen engines than we require under this section. Include these engines in the sample size calculations. 72 178. Section 1048.325 is amended by revising paragraph ( d) to read as follows: § 1048.325 What happens if an engine family fails the production line requirements? * * * * * ( d) Section 1048.335 specifies steps you must take to remedy the cause of the engine family's production line failure. All the engines you have produced since the end of the last test period are presumed noncompliant and should be addressed in your proposed remedy. We may require you to apply the remedy to engines produced earlier if we determine that the cause of the failure is likely to have affected the earlier engines.

179. Section 1048.350 is amended by revising paragraph ( a) to read as follows: § 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. * * * * *

180. Section 1048.425 is amended by revising paragraph ( a) to read as follows: § 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. * * * * *

181. Section 1048.501 is revised to read as follows: § 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 § 1048.101( a) and ( b). Measure the emissions of all the pollutants we regulate in § 1048.101 using the full flow or partial flow dilute sampling procedures as specified in 40 CFR part 1065. Use the applicable duty cycles specified in § § 1048.505 and 1048.510. ( b) Section 1048.515 describes the supplemental procedures for evaluating whether engines meet the field testing emission standards in § 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 § 1048.515. For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in use engines will use. ( d) To test engines for evaporative emissions, use the equipment and procedures specified for testing diurnal emissions in 40 CFR 86.107 96 and 86.133 96 with fuel meeting the specifications in 40 CFR part 1065, subpart C. Measure emissions from a test engine with a complete fuel system. Reported emission levels must be based on the highest emissions from three successive 24 hour periods of cycling temperatures. Note that you may omit testing for evaporative emissions during certification if you certify by design, as specified in § 1048.245. ( e) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10. ( f) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission standards.

182. Section 1048.505 is revised to read as follows: § 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 73 sequence of modes and compare with the specified values in 40 CFR part 1065 to confirm that the test is valid. Operate the engine and sampling system as follows: ( i) Engines with NOx aftertreatment. For engines that depend on aftertreatment to meet the NOx emission standard, operate the engine for 5 6 minutes, then sample emissions for 1 3 minutes in each mode. You may extend the sampling time to improve measurement accuracy of PM emissions, using good engineering judgment. If you have a longer sampling time for PM emissions, calculate and validate cycle statistics separately for the gaseous and PM sampling periods. ( ii) Engines without NOx aftertreatment. For other engines, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute in each mode. Calculate cycle statistics for the sequence of modes and compare with the specified values in 40 CFR part 1065 to confirm that the test is valid. ( 2) For ramped modal testing, start sampling at the beginning of the first mode and continue sampling until the end of the last mode. Calculate emissions and cycle statistics the same as for transient testing. ( b) Measure emissions by testing the engine on a dynamometer with one or more of the following sets of duty cycles to determine whether it meets the steady state emission standards in § 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 § 1048.505 C2 Mode Number Engine Speed1 Observed Torque2 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test speed 25 3.0 0.06 2 Intermediate test speed 100 3.0 0.02 3 Intermediate test speed 75 3.0 0.05 4 Intermediate test speed 50 3.0 0.32 5 Intermediate test speed 25 3.0 0.30 6 Intermediate test speed 10 3.0 0.10 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. 74 ( ii) The following duty cycle applies for ramped modal testing: Table 2 of § 1048.505 RMC Mode Time in Mode ( seconds) Engine Speed1,2 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 § 1048.505 D2 Mode Number Engine Speed Torque1 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test speed 100 3.0 0.05 2 Maximum test speed 75 3.0 0.25 3 Maximum test speed 50 3.0 0.30 4 Maximum test speed 25 3.0 0.30 5 Maximum test speed 10 3.0 0.10 1The percent torque is relative to the maximum torque at maximum test speed. 75 ( ii) The following duty cycle applies for ramped modal testing: Table 4 of § 1048.505 RMC Mode Time in 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 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 § 1048.505 D1 ModeNumber Engine Speed Torque1 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test speed 100 3.0 0.50 2 Maximum test speed 75 3.0 0.50 1The 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 § 1048.505 RMC Modes Time in Mode ( 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. 76 ( 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.

183. Section 1048.510 is amended by revising the section heading and paragraph ( a) to read as follows: § 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 § 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. * * * * *

184. Section 1048.515 is amended by revising the section heading and paragraphs ( a)( 1) and ( a)( 2) to read as follows: § 1048.515 What are the field testing procedures? ( a) * * * ( 1) Remove the selected engines for testing in a laboratory. You may use an engine dynamometer to simulate normal operation, as described in this section. ( 2) Test the selected engines while they remain installed in the equipment. In 40 CFR part 1065, subpart J, we describe the equipment and sampling methods for testing engines in the field. Use fuel meeting the specifications of 40 CFR part 1065, subpart H, or a fuel typical of what you would expect the engine to use in service. * * * * *

185. Section 1048.601 is revised to read as follows: § 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.

186. Section 1048.605 is revised to read as follows: § 1048.605 What provisions apply to engines certified under the motor vehicle program? ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce new nonroad engines into commerce if they are already certified to the requirements that apply to compression ignition engines under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1048 for its model year, without a separate application for certification under the requirements of this part 1048. See § 1048.610 for similar provisions that apply to engines certified to chassis based standards for motor vehicles. ( b) Equipment manufacturer provisions. If you are not an engine manufacturer, you may produce nonroad equipment using motor vehicle engines under this section as long as the engine has been properly labeled as specified in paragraph ( d)( 5) of this section and you do not make any of the changes described in paragraph ( d)( 2) of this section. If you modify the motor vehicle engine in any of the ways described in paragraph ( d)( 2) of this section, we 77 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 § 1068.101( a)( 1) apply to these new engines and equipment; however, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1048 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505. ( d) Specific requirements. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new nonroad engine, the engine is eligible for an exemption under this section: ( 1) Your engine must be covered by a valid certificate of conformity issued under 40 CFR part 86. ( 2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption: ( i) Change any fuel system or evaporative system parameters from the certified configuration ( this does not apply to refueling controls). ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. ( iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges. ( 3) You must show that fewer than 50 percent of the engine model's total sales for the model year, from all companies, are used in nonroad applications, as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information. ( 4) You must ensure that the engine has the label we require under 40 CFR part 86. ( 5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the equipment. In the supplemental label, do the following: ( i) Include the heading: " NONROAD ENGINE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( iii) State: " THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.". ( iv) State the date you finished modifying the engine ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible after the engine is installed in the equipment or, if the equipment obscures the engine's emission control information label, the equipment manufacturer must attach duplicate labels, as described in 40 CFR 1068.105. ( 7) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed engine model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.605.". ( e) Failure to comply. If your engines do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1048 and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. Introducing these engines into commerce 78 without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101( a)( 1). ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Engines adapted for nonroad use under this section may generate credits under the ABT provisions in 40 CFR part 86. These engines must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard under 40 CFR part 86.

187. Section 1048.610 is revised to read as follows: § 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 § 1048.605 for similar provisions that apply to motor vehicle engines produced for nonroad equipment. ( b) Equipment manufacturer provisions. If you are not an engine manufacturer, you may produce nonroad equipment from motor vehicles under this section as long as the equipment has the labels specified in paragraph ( d)( 5) of this section and you do not make any of the changes described in paragraph ( d)( 2) of this section. You must also add the fuel inlet label we specify in § 1048.135( e). If you modify the motor vehicle or its engine in any of the ways described in paragraph ( d)( 2) of this section, we will consider you a manufacturer of a new nonroad engine. Such modifications prevent you from using the provisions of this section. ( c) Liability. Engines, vehicles, and equipment for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers, and all other persons as if the nonroad equipment were motor vehicles. The prohibited acts of § 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 total sales as a motor vehicle or a piece of nonroad equipment, from all companies, are used in nonroad applications, as follows: ( i) If you are the original manufacturer of the vehicle, base this showing on your sales information. 79 ( ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information. ( 4) The equipment must have the vehicle emission control information and fuel labels we require under 40 CFR 86.007 35. ( 5) You must add a permanent supplemental label to the equipment in a position where it will remain clearly visible. In the supplemental label, do the following: ( i) Include the heading: " NONROAD ENGINE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( iii) State: " THIS VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.". ( iv) State the date you finished modifying the vehicle ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible in the fully assembled equipment. ( 7) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the equipment models you expect to produce under this exemption in the coming year. ( iii) State: " We produced each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.610.". ( e) Failure to comply. If your engines, vehicles, or equipment do not meet the criteria listed in paragraph ( d) of this section, the engines will be subject to the standards, requirements, and prohibitions of this part 1048, and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101( a)( 1). ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Vehicles adapted for nonroad use under this section may generate credits under the ABT provisions in 40 CFR part 86. These vehicles must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard under 40 CFR part 86.

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