Alan Stout EPA OAR, OTAQ, ASD Received Date: 03/ 04/ 2005 05: 05: 26 PM To: kkokrda@ enginemanufacturers. org cc: Subject: Updated reg draft Kevin, Attached is the updated draft reg language for parts 85, 86, 89, 94, 1039, and 1068. This should cover most of what we talked about last month, though we can follow up to nail down a few remaining things.

I should highlight one remaining issue for our discussions. We are hesitating to drop the requirement for supplemental labels under the provisions of 1039.605 and 1039.610, largely because the sales threshold is so high. Since nonroad sales can go up to 50 percent of the whole engine family, manufacturers could use these sections for very substantial sales volumes. If we could agree to limit the sales threshold to, say, 5 percent, we would probably be ready to consider this a provision for exceptional situations and not worry about the label. If you and your members could give us feedback on these tradeoffs, that would help us decide what is best to do.

This file is bigger than I wanted it to be, but you can feel free to share it as appropriate. It will also be in the docket shortly if it works better for people to download it.

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

PART 85   CONTROL OF AIR POLLUTION FROM MOBILE SOURCES 1. The authority citation for part 85 continues to read as follows: Authority: 42 U. S. C. 7401  7671q.

2. Section 85.1502 is amended by revising paragraph ( a)( 14) to read as follows: § 85.1502 Definitions. ( a) * * * ( 14) United States. United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U. S. Virgin Islands. * * * * *

3. Section 85.1503 is amended by revising the section heading and adding paragraphs ( c), ( d), and ( e) to read as follows: § 85.1503 General requirements for importation of nonconforming vehicles and engines. * * * * * ( c) In any one certificate year ( e. g., the current model year), an ICI may finally admit no more than the following numbers of nonconforming vehicles or engines into the United States under the provisions of § 85.1505 and § 85.1509, except as allowed by paragraph ( e) of this section: ( 1) 5 heavy duty engines. ( 2) A total of 50 light duty vehicles, light duty trucks, and medium duty passenger vehicles. ( 3) 50 highway motorcycles. ( d) For ICIs owned by a parent company, the importation limits in paragraph ( c) of this section include importation by the parent company and all its subsidiaries. ( e) An ICI may exceed the limits outlined paragraphs( c) and ( d) of this section, provided that any vehicles/ engines in excess of the limits meet the emission standards and other requirements outlined in the provisions of § 85.1515 for the model year in which the motor vehicle/ engine is modified ( instead of the emission standards and other requirements applicable for the OP year of the vehicle/ engine).

4. Section 85.1513 is amended by revising paragraph ( d) to read as follows: § 85.1513 Prohibited acts; penalties. * * * * * ( d) Any importer who violates section 203( a)( 1) of the Act is subject to a civil penalty under section 205 of the Act of not more than $ 32,500 for each vehicle or engine subject to the violation. In addition to the penalty provided in the Act, where applicable, under the exemption provisions of § 85.1511( b), or under § 85.1512, any person or entity who fails to deliver such vehicle or engine to the U. S. Customs Service is liable for liquidated damages in the amount of the bond required by applicable Customs laws and regulations. * * * * *

5. Section 85.1515 is amended by revising paragraphs ( c)( 1) and ( c)( 2) to read as follows: § 85.1515 Emission standards and test procedures applicable to imported nonconforming motor vehicles and motor vehicle engines. * * * * * ( c)( 1) Nonconforming motor vehicles or motor vehicle engines of 1994 OP model year and later conditionally imported pursuant to § 85.1505 or § 85.1509 shall meet all of the emission standards specified in 40 CFR Part 86 for the OP year of the vehicle or motor vehicle engine. At the option of the ICI, the nonconforming motor vehicle may comply with the emissions standards in 40 CFR 86.1708 99 or 86.1709 99, as applicable to a light duty vehicle or light light duty truck, in lieu of the otherwise applicable emissions standards specified in 40 CFR Part 86 for the OP year of the vehicle. The provisions of 40 CFR 86.1710 99 do not apply to imported nonconforming motor vehicles. The useful life specified in 40 CFR part 86 for the OP year of the motor vehicle or motor vehicle engine is applicable where useful life is not designated in this subpart. ( 2)( i) Nonconforming light duty vehicles and light light duty trucks ( LDV/ LLDTs) originally manufactured in OP years 2004, 2005 or 2006 must meet the FTP exhaust emission standards of bin 9 in Tables S04 1 and S04 2 in 40 CFR 86.1811 04 and the evaporative emission standards for light duty vehicles and light light duty trucks specified in 40 CFR 86.1811 01( e)( 5). ( ii) Nonconforming LDT3s and LDT4s ( HLDTs) and medium duty passenger vehicles ( MDPVs) originally manufactured in OP years 2004 through 2006 must meet the FTP exhaust emission standards of bin 10 in Tables S04 1 and S04 2 in 40 CFR 86.1811 04 and the applicable evaporative emission standards specified in 40 CFR 86.1811 04( e)( 5). For 2004 OP year HLDTs and MDPVs where modifications commence on the first vehicle of a test group before December 21, 2003, this requirement does not apply to the 2004 OP year. ICIs opting to bring all of their 2004 OP year HLDTs and MDPVs into compliance with the exhaust emission standards of bin 10 in Tables S04 1 and S04 2 in 40 CFR 86.1811 04 , may use the optional higher NMOG values for their 2004 2006 OP year LDT2s and 2004 2008 LDT4s. ( iii) Nonconforming LDT3s and LDT4s ( HLDTs) and medium duty passenger vehicles ( MDPVs) originally manufactured in OP years 2007 and 2008 must meet the FTP exhaust emission standards of bin 8 in Tables S04 1 and S04 2 in 40 CFR 86.1811 04 and the applicable evaporative standards specified in 40 CFR 86.1811 04( e)( 5). ( iv) Nonconforming LDV/ LDTs originally manufactured in OP years 2007 and later and nonconforming HLDTs and MDPVs originally manufactured in OP years 2009 and later must meet the FTP exhaust emission standards of bin 5 in Tables S04 1 and S04 2 in 40 CFR 86.1811 04, and the evaporative standards specified in 40 CFR 86.1811( e)( 1) through ( e)( 4). ( v) ICIs are exempt from the Tier 2 and the interim non Tier2 phase in intermediate percentage requirements for exhaust, evaporative, and refueling emissions described in 40 CFR 86.1811 04. ( vi) In cases where multiple standards exist in a given model year in 40 CFR part 86 due to phase in requirements of new standards, the applicable standards for motor vehicle engines required to be certified to engine based standards are the least stringent standards applicable to the engine type for the OP year. * * * * *

6. Section 85.1713 is added to subpart R to read as follows: § 85.1713 Delegated assembly exemption. The provisions of this section apply for manufacturers of heavy duty highway engines. ( a) Shipping an engine separately from an aftertreatment component that you have specified as part of its certified configuration will not be a violation of the prohibitions in Clean Air Act section 203 ( 42 U. S. C. 7522), if you follow the provisions of paragraph ( b) or ( c) of this section. ( b) If you include the cost of all aftertreatment components in the cost of the engine and ship the aftertreatment components directly to the vehicle manufacturer, or arrange for separate shipment by the component manufacturer to the vehicle manufacturer, you must meet all the following conditions: ( 1) Apply for and receive a certificate of conformity for the engine and its emissioncontrol system before shipment. ( 2) Provide installation instructions in enough detail to ensure that the engine will be in its certified configuration if someone follows these instructions. ( 3) Have a contractual agreement with a vehicle manufacturer obligating the vehicle manufacturer to complete the final assembly of the engine so it is in its certified configuration when installed in the vehicle. This agreement must also obligate the vehicle manufacturer to provide the affidavits required under paragraph ( b)( 4) of this section. ( 4) Take appropriate additional steps to ensure that all engines will be in their certified configuration when installed by the vehicle manufacturer. At a minimum, you must obtain annual affidavits from every vehicle manufacturer to whom you sell engines under this section. Include engines that you sell through distributors or dealers. The affidavits must list the part numbers of the aftertreatment devices that vehicle manufacturers install on each engine they purchase from you under this section. ( 5) Describe in your application for certification how you plan to use the provisions of this section and any steps you plan to take under paragraph ( b)( 3) of this section. ( 6) Keep records to document how many engines you produce under this exemption. Also, keep records to document your contractual agreements under paragraph ( b)( 3) of this section. Keep all these records for five years after the end of the model year and make them available to us upon request. ( 7) Make sure the engine has the emission control information label we require under the standard setting part. ( c) If you do not include the cost of all aftertreatment components in the cost of the engine, you must meet all the conditions described in paragraphs ( b)( 1) through ( 7) of this section, with the following additional provisions: ( 1) The contractual agreement described in paragraph ( b)( 3) of this section must include a commitment that the vehicle manufacturer will do the following things: ( i) Separately purchase the aftertreatment components you have specified in your application for certification. ( ii) Perform audits as described in paragraph ( c)( 2) of this section. ( 2) Before you ship an engine under the provisions of this paragraph ( c), you must have written confirmation that the vehicle manufacturer has ordered and paid for the appropriate aftertreatment components. ( 3) You must audit vehicle manufacturers as follows: ( i) If you sell engines to 16 or more vehicle manufacturers under the provisions of this section, you must annually audit four vehicle manufacturers to whom you sell engines under this section. To select individual vehicle manufacturers, divide all the affected vehicle manufacturers into quartiles based on the number of engines they buy from you; select a single vehicle manufacturer from each quartile each model year. Vary the vehicle manufacturers you audit from year to year, though you may repeat an audit in a later model year if you find or suspect that a particular vehicle manufacturer is not properly installing aftertreatment devices. ( ii) If you sell engines to fewer than 16 vehicle manufacturers under the provisions of this section, set up a plan to audit each vehicle manufacturer on average once every four model years. ( iii) Starting with the 2014 model year, if you sell engines to fewer than 40 vehicle manufacturers under the provisions of this section, you may ask us to approve a reduced auditing rate. We may approve an alternate plan that involves auditing each vehicle manufacturer on average once every ten model years, as long as you show that you have met the auditing requirements in preceding years without finding noncompliance or improper procedures. ( iv) Audits must involve the assembling companies' facilities, procedures, and production records to monitor their compliance with your instructions, must include investigation of some assembled engines, and must confirm that the number of aftertreatment devices shipped were sufficient for the number of engines produced. Where a vehicle manufacturer is not located in the United States, you may conduct the audit at a distribution or port facility in the United States. ( v) If you produce engines and use them to produce vehicles under the provisions of this section, you must take steps ensure that your facilities, procedures, and production records are set up to ensure compliance with the provisions of this section, but you may meet your auditing responsibilities under paragraph ( c)( 2)( iii) of this section by maintaining a database showing how you pair aftertreatment components with the appropriate engines. ( vi) You must keep records of these audits and provide a report describing any uninstalled or improperly installed aftertreatment components to us within 90 days of the audit. ( 4) In your application for certification, give a detailed plan for auditing vehicle manufacturers, as described in paragraph ( c)( 2) of this section. ( d) An engine you produce under this section becomes new when it is fully assembled, except for aftertreatment devices, for the first time. Use this date to determine the engine's model year. ( e) Once the vehicle manufacturer takes possession of an engine exempted under this section, the exemption expires and the engine is subject to all the prohibitions in Clean Air Act section 203 ( 42 U. S. C. 7522). ( f) You must notify us within 15 days if you find from an audit or another source that a vehicle manufacturer has failed to meet its obligations under this section. ( g) We may suspend, revoke, or void an exemption under this section, as follows: ( 1) We may suspend or revoke your exemption for the entire engine family if we determine that any of the engines are not in their certified configuration after installation in the vehicle, or if you fail to comply with the requirements of this section. If we suspend or revoke the exemption for any of your engine families under this paragraph ( g), this exemption will not apply for future certificates unless you demonstrate that the factors causing the nonconformity do not apply to the other engine families. We may suspend or revoke the exemption for shipments to a single facility where final assembly occurs. ( 2) We may void your exemption for the entire engine family if you intentionally submit false or incomplete information or fail to keep and provide to EPA the records required by this section. ( h) You are liable for the in use compliance of any engine that is exempt under this section. ( i) It is a violation of the Act for any person to complete assembly of the exempted engine without complying fully with the installation instructions. ( j) [ Reserved] ( k) You may ask us to provide a temporary exemption to allow you to complete production of your engines at different facilities, as long as you maintain control of the engines until they are in their certified configuration. We may require you to take specific steps to ensure that such engines are in their certified configuration before reaching the ultimate purchaser. You may request an exemption under this paragraph ( k) in your application for certification, or in a separate submission to the Designated Compliance Officer.

7. Section 85.2111 is amended by revising the introductory text and adding paragraph ( d) to read as follows: § 85.2111 Warranty enforcement. The following acts are prohibited and may subject a manufacturer to up to a $ 32,500 civil penalty for each offense, except as noted in paragraph ( d) of this section: * * * * * ( d) The maximum penalty value listed in this section is shown for calendar year 2004. Maximum penalty limits for later years may be adjusted based on the Consumer Price Index. The specific regulatory provisions for changing the maximum penalties, published in 40 CFR part 19, reference the applicable U. S. Code citation on which the prohibited action is based.

8. Appendix II to subpart V is amended by revising section 1 of part A to read as follows: Appendix II to Subpart V of Part 85   Arbitration Rules Part A   Pre Hearing Section 1: Initiation of Arbitration Either party may commence an arbitration under these rules by filing at any regional office of the American Arbitration Association ( the AAA) three copies of a written submission to arbitrate under these rules, signed by either party. It shall contain a statement of the matter in dispute, the amount of money involved, the remedy sought, and the hearing locale requested, together with the appropriate administrative fee as provided in the Administrative Fee Schedule of the AAA in effect at the time the arbitration is filed. The filing party shall notify the MOD Director in writing within 14 days of when it files for arbitration and provide the MOD Director with the date of receipt of the bill by the part manufacturer. Unless the AAA in its discretion determines otherwise and no party disagrees, the Expedited Procedures ( as described in Part E of these Rules) shall be applied in any case where no disclosed claim or counterclaim exceeds $ 32,500, exclusive of interest and arbitration costs. Parties may also agree to the Expedited Procedures in cases involving claims in excess of $ 32,500. All other cases, including those involving claims not in excess of $ 32,500 where either party so desires, shall be administered in accordance with Parts A through D of these Rules.

PART 86   CONTROL OF EMISSIONS FROM NEW AND IN USE HIGHWAY VEHICLES AND ENGINES 9. The authority citation for part 86 continues to read as follows: Authority: 42 U. S. C. 7401 7671q.

10. Section 86.004 16 is amended by revising paragraph ( d) to read as follows: § 86.004 16 Prohibition of defeat devices. * * * * * ( d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices: ( 1) General. The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that reduce emission control effectiveness exhibited during the applicable Federal emissions test procedures when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use, unless one of the specific exceptions set forth in the definition of " defeat device" in § 86.004 2 has been met. ( 2) Information submissions required. The manufacturer will provide an explanation containing detailed information ( including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on board computer algorithms, and design strategies incorporated for operation both during and outside of the applicable Federal emission test procedure.

11. Section 86.004 26 is amended by revising paragraph ( c)( 4) to read as follows: § 86.004 26 Mileage and service accumulation; emission measurements. * * * * * ( c) * * * ( 4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emission data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission data engine selections under § 86.094 24( b)( 2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission data engine selection under § 86.094 24( b)( 2). Evaporative emission controls must be connected, as described in 40 CFR part 1065, subpart F. The Administrator may determine under § 86.094 24( f) that no testing is required. * * * * *

12. Section 86.007 11 is amended by revising paragraphs ( a)( 2) and ( a)( 3)( i) and adding paragraph ( g)( 6) to read as follows: § 86.007 11 Emission standards and supplemental requirements for 2007 and later model year heavy duty engines and vehicles. * * * * * ( a) * * * ( 2) The standards set forth in paragraph ( a)( 1) of this section refer to the exhaust emitted over the duty cycle specified in paragraphs ( a)( 2)( i) through ( iii) of this section, where exhaust emissions are measured and calculated as specified in paragraphs ( a)( 2)( iv) and ( v) of this section in accordance with the procedures set forth in 40 CFR part 1065, except as noted in § 86.007 23( c)( 2): ( i) Perform the test interval set forth in paragraph ( f)( 2) of Appendix I of this part with a cold start according to 40 CFR part 1065, subpart F. This is the cold start test interval. ( ii) Shut down the engine after completing the test interval and allow 20 minutes to elapse. This is the hot soak. ( iii) Repeat the test interval. This is the hot start test interval. ( iv) Calculate the total emission mass of each constituent, m, and the total work, W, over each test interval according to 40 CFR 1065.650. ( v) Determine your engine's brake specific emissions using the following calculation, which weights the emissions from the cold start and hot start test intervals: 6 6 cold start hot start cold start hot start m m brake specific emissions W W

    +   = +

( 3)* * * ( i) Exhaust emissions, as determined under § 86.1360 2007( b) pertaining to the supplemental emission test cycle, for each regulated pollutant shall not exceed 1.0 times the applicable emission standards or FELs specified in paragraph ( a)( 1) of this section. * * * * * ( g)* * * ( 6) Manufacturers may determine the number of engines and vehicles that are allowedrequired to certify to the NOx plus NMHC standard in § 86.004 11007 11 ( including the phase out engines certified to the NOx+ NMHC standard referenced in this paragraph( g)) based on calendar years 2007, 2008, and 2009, rather than model years 2007, 2008, and 2009. * * * * *

13. Section 86.007 21 is amended by revising paragraph ( o) to read as follows: § 86.007 21 Application for certification. * * * * * ( o) For diesel heavy duty engines, the manufacturer must provide the following additional information pertaining to the supplemental emission test conducted under § 86.1360 2007: ( 1) Weighted brake specific emissions data ( i. e., in units of g/ bhp hr), calculated according to 40 CFR 1065.650 for all pollutants for which an emission standard is established in § 86.004 11( a) or subsequent sections; ( 2) For engines subject to the MAEL ( see § 86.007 11( a)( 3)( ii)), brake specific gaseous emission data for each of the 12 non idle test points ( identified under § 86.1360 2007( b)( 1)) and the 3 EPA selected test points ( identified under § 86.1360 2007( b)( 2)); ( 3) For engines subject to the MAEL ( see § 86.007 11( a)( 3)( ii)), concentrations and mass flow rates of all regulated gaseous emissions plus carbon dioxide; ( 4) Values of all emission related engine control variables at each test point; ( 5) Weighted break specific particulate matter ( i. e., in units of g/ bhp hr); ( 6) A statement that the test results correspond to the test engine selection criteria in 40 CFR 1065.401. The manufacturer also must maintain records at the manufacturer's facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request; ( 7) For engines subject to the MAEL ( see § 86.007 11( a)( 3)( ii)), a statement that the engines will comply with the weighted average emissions standard and interpolated values comply with the Maximum Allowable Emission Limits specified in § 86.007 11( a)( 3) for the useful life of the engine where applicable. The manufacturer also must maintain records at the manufacturer's facility which contain a detailed description of all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufacturer must provide such information to the Administrator upon request. * * * * *

14. Part 86 is amended by removing the first § 86.008 10, which was added on October 6, 2000.

15. Section 86.084 2 is amended by revising the definition for " Curb idle" to read as follows: § 86.084 2 Definitions. * * * * * Curb idle means: ( 1) For manual transmission code light duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light duty trucks, curb idle means the engine speed with the automatic transmission in the Park position ( or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off. ( 2) For manual transmission code heavy duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. ( Measured idle speed may be used in lieu of curb idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under 40 CFR 1065.530 but not sufficient to permit adjustment in accordance with 40 CFR part 1065, subpart E. * * * * *

16. Section 86.095 35 is amended by revising paragraph ( ba)( 3)( iii)( B) to read as follows: § 86.095 35 Labeling. * * * * * ( ba) * * * ( 3)* * * ( iii) * * * ( B) The full corporate name and trademark of the manufacturer; though the label may identify another company and use its trademark instead of the manufacturer's as long as the manufacturer complies with the provisions of 40 CFR 1039.640. * * * * *

17. Section 86.096 38 is amended by revising paragraph ( g)( 19)( iii) to read as follows: § 86.096 38 Maintenance instructions. * * * * * ( g)* * * ( 19) * * * ( iii) Any person who violates a provision of this paragraph ( g) shall be subject to a civil penalty of not more than $ 32,500 per day for each violation. This maximum penalty is shown for calendar year 2004. Maximum penalty limits for later years may be set higher based on the Consumer Price Index, as specified in 40 CFR part 19. In addition, such person shall be liable for all other remedies set forth in Title II of the Clean Air Act, remedies pertaining to provisions of Title II of the Clean Air Act, or other applicable provisions of law.

18. Section 86.121 90 is amended by revising paragraph ( d) introductory text to read as follows: § 86.121 90 Hydrocarbon analyzer calibration. * * * * * ( d) FID response factor to methane. When the FID analyzer is to be used for the analysis of gasoline, diesel, methanol, ethanol, liquefied petroleum gas, and natural gas fueled vehicle hydrocarbon samples, the methane response factor of the analyzer must be established. To determine the total hydrocarbon FID response to methane, known methane in air concentrations traceable to the National Institute of Standards and Technology ( NIST) must be analyzed by the FID. Several methane concentrations must be analyzed by the FID in the range of concentrations in the exhaust sample. The total hydrocarbon FID response to methane is calculated as follows: r CH4= FIDppm/ SAMppm Where: * * * * *

19. Section 86.144 94 is amended by revising paragraph ( c)( 8)( vi) to read as follows: § 86.144 94 Calculations; exhaust emissions. * * * * * ( c) * * * ( 8)* * * ( vi) rCH4= HC FID response to methane as measured in § 86.121( d). * * * * *

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

21. Section 86.159 00 is amended by revising paragraph ( f)( 2)( ix) to read as follows: § 86.159 00 Exhaust emission test procedure for US06 emissions. * * * * * ( f) * * * ( 2) * * * ( ix) Turn the engine off 2 seconds after the end of the last deceleration ( i. e., engine off at 596 seconds). * * * * *

22. Section 86.160 00 is amended by revising the first sentence of paragraph ( a), and paragraphs ( c)( 10), ( c)( 12), ( d)( 10), and ( d)( 13) to read as follows: § 86.160 00 Exhaust emission test procedure for SC03 emissions. ( a) Overview. The dynamometer operation consists of a single, 600 second test on the SC03 driving schedule, as described in appendix I, paragraph ( h), of this part. * * * * * * * * ( c) * * * ( 10) Eighteen seconds after the engine starts, begin the initial vehicle acceleration of the driving schedule. * * * * * ( 12) Turn the engine off 2 seconds after the end of the last deceleration ( i. e., engine off at 596 seconds). * * * * * ( d) * * * ( 10) Turn the engine off 2 seconds after the end of the last deceleration ( i. e., engine off at 596 seconds). * * * * * ( 13) Immediately after the end of the sample period, turn off the cooling fan, disconnect the exhaust tube from the vehicle tailpipe( s), and drive the vehicle from dynamometer. * * * * *

23. Section 86.161 00 is amended by revising paragraph ( b)( 1) to read as follows: § 86.161 00 Air conditioning environmental test facility ambient requirements. * * * * * ( b) * * * ( 1) Ambient humidity is controlled, within the test cell, during all phases of the air conditioning test sequence to an average of 100 +/ 5 grains of water/ pound of dry air. * * * * *

24. Section 86.164 00 is amended by revising paragraph ( c)( 1)( i) introductory text to read as follows: § 86.164 00 Supplemental federal test procedure calculations. * * * * * ( c)( 1) * * * ( i) Y WSFTP = 0.35( Y FTP) + 0.37( Y SC03) + 0.28( Y US06) Where: * * * * *

25. A new § 86.413 2006 is added to read as follows: § 86.413 2006 Labeling. ( a)( 1) The manufacturer of any motorcycle shall, at the time of manufacture, affix a permanent, legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such vehicles available for sale to the public and covered by a certificate of conformity. ( 2) A permanent, legible label shall be affixed in a readily accessible position. Multi part labels may be used. ( 3) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label, and shall not be affixed to any part which is easily detached from the vehicle or is likely to be replaced during the useful life of the vehicle. ( 4) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:

( i) The label heading shall read: " Vehicle Emission Control Information"; ( ii) Full corporate name and trademark of the manufacturer; ( iii) Engine displacement ( in cubic centimeters or liters) and engine family identification; ( iv) Engine tuneup specifications and adjustments, as recommended by the manufacturer, including, if applicable: idle speed, ignition timing, and the idle air fuel mixture setting procedure and value ( e. g., idle CO, idle air fuel ratio, idle speed drop). These specifications shall indicate the proper transmission position during tuneup, and which accessories should be in operation and which systems should be disconnected during a tuneup; ( v) Any specific fuel or engine lubricant requirements ( e. g., lead content, research octane number, engine lubricant type); ( vi) Identification of the exhaust emission control system, using abbreviations in accordance with SAE J1930, June 1993, including the following abbreviations for items commonly appearing on motorcycles:

OC Oxidation catalyst;

TWC Three way catalyst;

AIR Secondary air injection ( pump);

PAIR Pulsed secondary air injection DFI Direct fuel injection;

O2S Oxygen sensor;

HO2S Heated oxygen sensor;

EM Engine modification;

CFI Continuous fuel injection;

MFI Multi port ( electronic) fuel injection; and TBI Throttle body ( electronic) fuel injection.

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

26. Section 86.447 2006 is revised to read as follows: § 86.447 2006 What provisions apply to motorcycle engines below 50 cc that are certified under the Small SI program or the Recreational vehicle program? ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce into commerce a new highway motorcycle ( that is, a motorcycle that is a motor vehicle) if it has an engine below 50 cc that is already certified to the requirements that apply to engines or vehicles under 40 CFR part 90 or 1051 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 90 or 1051 for each engine or vehicle to also be a valid certificate of conformity under this part 86 for its model year, without a separate application for certification under the requirements of this part 86. See § 86.448 2006 for similar provisions that apply to vehicles that are certified to chassis based standards under 40 CFR part 1051. ( b) Vehicle manufacturer provisions. If you are not an engine manufacturer, you may produce highway motorcycles using nonroad engines below 50 cc under this section as long as you meet all the requirements and conditions specified in paragraph ( d) of this section. If you modify the nonroad engine in any of the ways described in paragraph ( d)( 2) of this section for installation in a highway motorcycle, we will consider you a manufacturer of a new highway motorcycle. Such engine modifications prevent you from using the provisions of this section. ( c) Liability. Engines for which you meet the requirements of this section, and vehicles containing these engines, are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines and vehicles exempted under this section must meet all the applicable requirements from 40 CFR part 90 or 1051. This applies to engine manufacturers, vehicle manufacturers who use these engines, and all other persons as if these engines were used in recreational vehicles or other nonroad applications. The prohibited acts of 42 U. S. C. 7522 apply to these new highway motorcycles; however, we consider the certificate issued under 40 CFR part 90 or 1051 for each engine to also be a valid certificate of conformity under this part 86 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86, 90, or 1068. ( d) Specific requirements. If you are an engine or vehicle manufacturer and meet all the following criteria and requirements regarding your new engine or vehicle, the highway motorcycle is eligible for an exemption under this section: ( 1) Your engine must be below 50 cc and must be covered by a valid certificate of conformity for Class II engines issued under 40 CFR part 90 or for recreational vehicles under 40 CFR part 1051. ( 2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions, if applicable. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption: ( i) Change any fuel system or evaporative system parameters from the certified configuration. ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. ( iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges. ( 3) You must show that fewer than 50 percent of the engine model'sfamily's total sales in the United States for the model year are used in highway motorcycles. This includes engines used in any application, without regard to which company manufactures the vehicle or equipment. In addition, if you manufacture highway motorcycles, you must show that fewer than 50 percent of the vehicle model'sengine family's total sales in the United States for the model year are highway motorcycles. Show that you meet the engine sales criterion as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm the engine sales volumes based on its sales information. ( 4) You must ensure that the engine has the label we require under 40 CFR part 90 or 1051. ( 5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vehicle. In the supplemental label, do the following: ( i) Include the heading: " HIGHWAY MOTORCYCLE ENGINE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( iii) State: " THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT AFFECTING ITS EMISSION CONTROLS.". ( iv) State the date you finished installation ( month and year), if applicable. ( 6) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine or vehicle models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed [ engine or vehicle] model for without making any changes that could increase its certified emission levels, as described in 40 CFR 86.447 2006.". ( e) Failure to comply. If your highway motorcycles do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 86 and the certificate issued under 40 CFR part 90 or 1051 will not be deemed to also be a certificate issued under this part 86. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR part 85. ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Engines or vehicles adapted for recreational use under this section may not generate or use emission credits under this part 86. These engines or vehicles may generate credits under the ABT provisions in 40 CFR part 90 or 1051. These engines or vehicles must use emission credits under 40 CFR part 90 or 1051 if they are certified to an FEL that exceeds an applicable standard.

27. Section 86.448 2006 is revised to read as follows: § 86.448 2006 What provisions apply to vehicles certified under the Recreational vehicle program? ( a) General provisions. If you are a highway motorcycle manufacturer, this section allows you to introduce into commerce a new highway motorcycle with an engine below 50 cc if it is already certified to the requirements that apply to recreational vehicles under 40 CFR parts 1051. A highway motorcycle is a motorcycle that is a motor vehicle. If you comply with all of the provisions of this section, we consider the certificate issued under 40 CFR part 1051 for each recreational vehicle to also be a valid certificate of conformity for the motor vehicle under this part 86 for its model year, without a separate application for certification under the requirements of this part 86. See § 86.447 2006 for similar provisions that apply to nonroad engines produced for highway motorcycles. ( b) Nonrecreational vehicle provisions. If you are not a recreational vehicle manufacturer, you may produce highway motorcycles from recreational vehicles with engines below 50 cc under this section as long as you meet all the requirements and conditions specified in paragraph ( d) of this section. If you modify the recreational vehicle or its engine in any of the ways described in paragraph ( d)( 2) of this section for installation in a highway motorcycle, we will consider you a manufacturer of a new highway motorcycle. Such modifications prevent you from using the provisions of this section. ( c) Liability. Vehicles for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines and vehicles exempted under this section must meet all the applicable requirements from 40 CFR part 1051. This applies to engine manufacturers, vehicle manufacturers, and all other persons as if the highway motorcycles were recreational vehicles. The prohibited acts of 42 U. S. C. 7522 apply to these new highway motorcycles; however, we consider the certificate issued under 40 CFR part 1051 for each recreational vehicle to also be a valid certificate of conformity for the highway motorcycle under this part 86 for its model year. If we make a determination that these engines or vehicles do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505. ( d) Specific requirements. If you are a recreational vehicle manufacturer and meet all the following criteria and requirements regarding your new highway motorcycle and its engine, the highway motorcycle is eligible for an exemption under this section: ( 1) Your motorcycle must have an engine below 50 cc and it must be covered by a valid certificate of conformity as a recreational vehicle issued under 40 CFR part 1051. ( 2) You must not make any changes to the certified recreational vehicle that we could reasonably expect to increase its exhaust emissions for any pollutant, or its evaporative emissions if it is subject to evaporative emission standards. For example, if you make any of the following changes, you do not qualify for this exemption: ( i) Change any fuel system parameters from the certified configuration. ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the vehicle manufacturer's application for certification. This includes aftertreatment devices and all related components. ( iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original vehicle manufacturer's specified ranges. ( 3) You must show that fewer than 50 percent of the engine family's total sales in the United States for the model year are used in highway motorcycles. This includes highway and offhighway motorcycles, without regard to which company completes the manufacturing of the highway motorcycle. Show this as follows: ( i) If you are the original manufacturer of the vehicle, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information. ( 4) The highway motorcycle must have the vehicle emission control information we require under 40 CFR part 1051. ( 5) You must add a permanent supplemental label to the highway motorcycle in a position where it will remain clearly visible. In the supplemental label, do the following: ( i) Include the heading: " HIGHWAY MOTORCYCLE ENGINE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( iii) State: " THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT AFFECTING ITS EMISSION CONTROLS.". ( iv) State the date you finished modifying the vehicle ( month and year), if applicable. ( 6) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the highway motorcycle models you expect to produce under this exemption in the coming year. ( iii) State: " We produced each listed highway motorcycle without making any changes that could increase its certified emission levels, as described in 40 CFR 86.448 2006.". ( e) Failure to comply. If your highway motorcycles do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 86 and 40 CFR part 85, and the certificate issued under 40 CFR part 1051 will not be deemed to also be a certificate issued under this part 86. Introducing these motorcycles into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR part 85. ( f) Data submission. We may require you to send us emission test data on the duty cycle for Class I motorcycles. ( g) Participation in averaging, banking and trading. Recreational vehicles adapted for use as highway motorcycles under this section may not generate or use emission credits under this part 86. These engines may generate credits under the ABT provisions in 40 CFR part 1051. These engines must use emission credits under 40 CFR part 1051 if they are certified to an FEL that exceeds an applicable standard.

25a. In § 86.513 2004, Table 1 in paragraph ( a)( 1) is amended to read as follows: § 86.513 2004 Fuel and engine lubricant specifications. * * * * * ( a) * * * ( 1)* * * Table 1 of § 86.513 2004   Gasoline Test Fuel Specifications Item Procedure Value Distillation Range:

1. Initial boiling point,

C ASTM D 86 97 23.9  35.01 2. 10% point,

C ASTM D 86 97 48.9  57.2 3. 50% point,

C ASTM D 86 97 93.3  110.0 4. 90% point,

C ASTM D 86 97 148.9  162.8 5. End point,

C ASTM D 86 97 212.8 Hydrocarbon composition:

1. Olefins, volume % ASTM D 1319 98 10 maximum 2. Aromatics, volume % ASTM D 1319 98 35 maximum 3. Saturates ASTM D 1319 98 Remainder Lead ( organic), g/ liter ASTM D 3237 0.013 maximum Phosphorous, g/ liter ASTM D 3231 0.0013 maximum Sulfur, weight % ASTM D 1266 0.008 maximum Volatility ( Reid Vapor Pressure), kPa ASTM D 323 55.2 to 63.41 1 For testing at altitudes above 1,219 m, the specified volatility range is 52 to 55 kPa and the specified initial boiling point range is ( 23.9 to 40.6)

C.

* * * * *

28. Section 86.884 8 is amended by revising paragraph ( c) introductory text to read as follows: § 86.884 8 Dynamometer and engine equipment. * * * * * ( c) An exhaust system with an appropriate type of smokemeter placed 10 to 32 feet from the exhaust manifold( s), turbocharger outlet( s), exhaust aftertreatment device( s), or crossover junction ( on Vee engines), whichever is farthest downstream. The smoke exhaust system shall present an exhaust backpressure within + 0.2 inch Hg of the upper limit at maximum rated horsepower, as established by the engine manufacturer in his sales and service literature for vehicle application. The following options may also be used: * * * * * 29. Section 86.884 10 is amended by revising paragraph ( a) introductory text to read as follows: § 86.884 10 Information. * * * * * ( a) Engine description and specifications. A copy of the information specified in this paragraph must accompany each engine sent to the Administrator for compliance testing. If the engine is submitted to the Administrator for testing under subpart N of this part or 40 CFR part 1065, only the specified information need accompany the engine. The manufacturer need not record the information specified in this paragraph for each test if the information, with the exception of paragraphs ( a)( 3), ( a)( 12), and ( a)( 13) of this section, is included in the manufacturer's part I. * * * * *

30. Section 86.884 12 is amended by revising paragraph ( c)( 2) to read as follows: § 86.884 12 Test run. * * * * * ( c) * * * ( 2) Warm up the engine by the procedure described in 40 CFR 1065.530. * * * * *

31. Section 86.1005 90 is amended by revising paragraphs ( a)( 1)( i), ( a)( 1)( ii), ( a)( 2)( vi)( A), and ( a)( 2)( vi)( B) to read as follows: § 86.1005 90 Maintenance of records; submittal of information. ( a) * * * ( 1)* * * ( i) If testing heavy duty gasoline fueled or methanol fueled Otto cycle engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; ( ii) If testing heavy duty petroleum fueled or methanol fueled diesel engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; * * * * * ( 2)* * * ( vi) * * * ( A) If testing gasoline fueled or methanol fueled Otto cycle heavy duty engines, the record requirements specified in 40 CFR 1065.695; ( B) If testing petroleum fueled or methanol fueled diesel heavy duty engines, the record requirements specified in 40 CFR 1065.695; * * * * *

32. Section 86.1108 87 is amended by revising paragraphs ( a)( 1)( i), ( a)( 1)( ii), ( a)( 2)( vi)( A), and ( a)( 2)( vi)( B) to read as follows: § 86.1108 87 Maintenance of records. ( a) * * * ( 1)* * * ( i) If testing heavy duty gasoline engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; ( ii) If testing heavy duty diesel engines, the equipment requirements specified in 40 CFR part 1065, subparts B and C; * * * * * ( 2) * * * ( vi) * * * ( A) If testing heavy duty gasoline engines, the record requirements specified in 40 CFR 1065.695; ( B) If testing heavy duty diesel engines, the record requirements specified in 40 CFR 1065.695; * * * * *

12. A new § 86.1213 08 is added to read as follows: § 86.1213 08 Fuel specifications. The test fuels listed in 40 CFR part 1065, subpart H, shall be used for evaporative emission testing.

33. Section 86.1301 90 is redesignated as § 86.1301 and revised to read as follows: § 86.1301 Scope; applicability. This subpart specifies gaseous emission test procedures for Otto cycle and diesel heavy duty engines, and particulate emission test procedures for diesel heavy duty engines, as follows: ( a) For model years 1990 through 2003, manufacturers must use the test procedures specified in § 86.1305 90. ( b) For model years 2004 through 2007, manufacturers may use the test procedures specified in § 86.1305 2004 or § 86.1305 2008. ( c) For model years 2008 and later, manufacturers must use the test procedures specified in § 86.1305 2008. ( d) As allowed under subpart A of this part, manufacturers may use carryover data from previous model years to demonstrate compliance with emission standards, without regard to the provisions of this section.

34. Section 86.1304 90 is redesignated as § 86.1304 and amended by revising paragraph ( a) to read as follows: § 86.1304 Section numbering; construction. ( a) Section numbering. The model year of initial applicability is indicated by the section number. The digits following the hyphen designate the first model year for which a section is applicable. The section continues to apply to subsequent model years unless a later model year section is adopted. ( Example: § 86.13xx   2004 applies to the 2004 and subsequent model years. If a § 86.13xx   2007 is promulgated it would apply beginning with the 2007 model year; § 86.13xx   2004 would apply to model years 2004 through 2006.) * * * * * 35. A new § 86.1305 2008 is added to read as follows: § 86.1305 2008 Introduction; structure of subpart. ( a) This subpart specifies the equipment and procedures for performing exhaust emission tests on Otto cycle and diesel cycle heavy duty engines. Subpart A of this part sets forth the emission standards and general testing requirements to comply with EPA certification procedures. ( b) Use the applicable equipment and procedures for spark ignition or compression ignition engines in 40 CFR part 1065 to determine whether engines meet the duty cycle emission standards in subpart A of this part. Measure the emissions of all regulated pollutants as specified in 40 CFR part 1065. Use the duty cycles and procedures specified in § 86.1360 2007 and § 86.1362 2007. Adjust emission results from engines using aftertreatment technology with infrequent regeneration events as described in § 86.004 28. ( c) The provisions in § 86.1370 2007 and § 86.1372 2007 apply for determining whether an engine meets the applicable not to exceed emission standards. ( d) Measure smoke using the procedures in subpart I of this part for evaluating whether engines meet the smoke standards in subpart A of this part. ( e) Use the fuels specified in 40 CFR part 1065 to perform valid tests, as follows: ( 1) For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in use engines will use. ( 2) For diesel fueled engines, use the ultra low sulfur diesel fuel specified in 40 CFR part 1065 for emission testing. ( f) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10. ( g) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you.

36. Section 86.1321 90 is amended by revising paragraph ( a)( 3)( ii) to read as follows: § 86.1321 90 Hydrocarbon analyzer calibration. * * * * * ( a) * * * ( 3)* * * ( ii) The HFID optimization procedures outlined in § 86.331   79( c). * * * * *

37. Section 86.1321 94 is amended by revising paragraph ( a)( 3)( ii) to read as follows: § 86.1321 94 Hydrocarbon analyzer calibration. * * * * * ( a) * * * ( 3)* * * ( ii) The procedure listed in § 86.331   79( c). * * * * * 38. Section 86.1360 2007 is amended by revising paragraph ( b), removing and reserving paragraphs ( c) and ( e), and removing paragraphs ( h), and ( i) to read as follows: § 86.1360 2007 Supplemental emission test; test cycle and procedures. * * * * * ( b) Test cycle. ( 1) Perform testing as described in § 86.1362 2007 for determining whether an engine meets the applicable standards when measured over the supplemental emission test. ( 2) For engines not certified to a NOx standard or FEL less than 1.5 g/ bhp hr, EPA may select, and require the manufacturer to conduct the test using, up to three discrete test points within the control area defined in paragraph ( d) of this section. EPA will notify the manufacturer of these supplemental test points in writing in a timely manner before the test. Emission sampling for these discrete test modes must include all regulated pollutants except particulate matter. * * * * *

35a. A new § 86.1362 2007 is added to read as follows: § 86.1362 2007 How do I measure emissions using ramped modal procedures? This section describes how to test engines under steady state conditions. ( a) Start sampling at the beginning of the first mode and continue sampling until the end of the last mode. Calculate emissions as described in 40 CFR 1065.650 and cycle statistics as described in 40 CFR 1065.514. ( b) Measure emissions by testing the engine on a dynamometer with the following ramped modal duty cycle to determine whether it meets the applicable steady state emission standards: RMC Mode Time in Mode ( seconds) Engine Speed 1,2 Torque ( percent) 2,3 1a Steady state 170 Warm Idle 0 1b Transition 20 Linear Transition Linear Transition 2a Steady state 170 A 100 2b Transition 20 A Linear Transition 3a Steady state 102 A 25 3b Transition 20 A Linear Transition 4a Steady state 100 A 75 4b Transition 20 A Linear Transition 5a Steady state 103 A 50 5b Transition 20 Linear Transition Linear Transition 6a Steady state 194 B 100 6b Transition 20 B Linear Transition 7a Steady state 219 B 25 7b Transition 20 B Linear Transition 8a Steady state 220 B 75 8b Transition 20 B Linear Transition 9a Steady state 219 B 50 9b Transition 20 Linear Transition Linear Transition 10a Steady state 171 C 100 10b Transition 20 C Linear Transition 11a Steady state 102 C 25 11b Transition 20 C Linear Transition 12a Steady state 100 C 75 12b Transition 20 C Linear Transition 13a Steady state 102 C 50 13b Transition 20 Linear Transition Linear Transition 14 Steady state 168 Warm Idle 0 1 Speed terms are defined in 40 CFR part 1065. 2 Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the speed or torque setting of the current mode to the speed or torque setting of the next mode. 3 The percent torque is relative to maximum torque at the commanded engine speed.

( c) During idle mode, operate the engine with the following parameters: ( 1) Hold the speed within your specifications. ( 2) Set the engine to operate at its minimum fueling rate. ( 3) Keep engine torque under 5 percent of maximum test torque. ( d) For full load operating modes, operate the engine at its maximum fueling rate. ( e) See 40 CFR part 1065 for detailed specifications of tolerances and calculations. ( f) Perform the ramped modal test with a warmed up engine. If the ramped modal test follows directly after testing over the Federal Test Procedure, consider the engine warm. Otherwise, operate the engine to warm it up as described in 40 CFR part 1065, subpart F. 39. Section 86.1509 84 is amended by revising paragraphs ( c) and ( d) to read as follows: § 86.1509 84 Exhaust gas sampling system. * * * * * ( c) A CVS sampling system with bag or continuous analysis as specified in 40 CFR part 1065 is permitted as applicable. The inclusion of an additional raw carbon dioxide ( CO 2) analyzer as specified in 40 CFR part 1065 is required if the CVS system is used, in order to accurately determine the CVS dilution factor. The heated sample line specified in 40 CFR part 1065 for raw emission requirements is not required for the raw CO 2 measurement. ( d) A raw exhaust sampling system as specified in 40 CFR part 1065 is permitted.

40. Section 86.1511 84 is amended by revising paragraphs ( a)( 1) and ( b) to read as follows: § 86.1511 84 Exhaust gas analysis system. ( a) * * * ( 1) The analyzer used shall conform to the accuracy provisions of 40 CFR part 1065, subparts C, D, and F. * * * * * ( b) The inclusion of a raw CO 2 analyzer as specified in 40 CFR part 1065 is required in order to accurately determine the CVS dilution factor.

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

42. Section 86.1513 94 is revised to read as follows: § 86.1513 94 Fuel specifications. The requirements of this section are set forth in 40 CFR part 1065, subpart H, for heavy duty engines and in § 86.113   94 for light duty trucks.

43. Section 86.1514 84 is amended by revising paragraphs ( b) and ( c) to read as follows: § 86.1514 84 Analytical gases. * * * * * ( b) If the raw CO sampling system specified in 40 CFR part 1065 is used, the analytical gases specified in 40 CFR part 1065, subpart H, shall be used. ( c) If a CVS sampling system is used, the analytical gases specified in 40 CFR part 1065, subpart H, shall be used.

44. Section 86.1519 84 is revised to read as follows: § 86.1519 84 CVS calibration. If the CVS system is used for sampling during the idle emission test, the calibration instructions are specified in 40 CFR part 1065, subpart D, for heavy duty engines, and § 86.119   78 for light duty trucks.

45. Section 86.1524 84 is revised to read as follows: § 86.1524 84 Carbon dioxide analyzer calibration. ( a) The calibration requirements for the dilute sample CO 2 analyzer are specified in 40 CFR part 1065, subpart D, for heavy duty engines and § 86.124   78 for light duty trucks. ( b) The calibration requirements for the raw CO 2 analyzer are specified in 40 CFR part 1065, subpart D.

46. Section 86.1530 84 is amended by revising paragraph ( b) to read as follows: § 86.1530 84 Test sequence; general requirements. * * * * * ( b) Ambient test cell conditions during the test shall be those specified in § 86.130   78 or 40 CFR part 1065, subpart F.

47. Section 86.1537 84 is amended by revising paragraphs ( c), ( e)( 6), and ( f) to read as follows: § 86.1537 84 Idle test run. * * * * * ( c) Achieve normal engine operating condition. The transient engine or chassis dynamometer test is an acceptable technique for warm up to normal operating condition for the idle test. If the emission test is not performed prior to the idle emission test, a heavy duty engine may be warmed up according to 40 CFR part 1065, subpart F. A light duty truck may be warmed up by operation through one Urban Dynamometer Driving Schedule test procedure ( see § 86.115   78 and appendix I to this part). * * * * * ( e) * * * ( 6) For bag sampling, sample idle emissions long enough to obtain a sufficient bag sample, but in no case shorter than 60 seconds nor longer than 6 minutes. Follow the sampling and exhaust measurements requirements of 40 CFR part 1065, subpart F, for conducting the raw CO 2 measurement. * * * * * ( f) If the raw exhaust sampling and analysis technique specified in 40 CFR part 1065 is used, the following procedures apply: ( 1) Warm up the engine or vehicle per paragraphs ( c) and ( d) of this section. Operate the engine or vehicle at the conditions specified in paragraph ( e)( 4) of this section. ( 2) Follow the sampling and exhaust measurement requirements of 40 CFR part 1065, subpart F. The idle sample shall be taken for 60 seconds minimum, and no more than 64 seconds. The chart reading procedures of 40 CFR part 1065, subpart F, shall be used to determine the analyzer response. * * * * * 48. Section 86.1540 84 is amended by revising paragraphs ( b) and ( c) to read as follows: § 86.1540 84 Idle exhaust sample analysis. * * * * * ( b) If the CVS sampling system is used, the analysis procedures for dilute CO and CO 2 specified in 40 CFR part 1065 apply. Follow the raw CO 2 analysis procedure specified in 40 CFR part 1065, subpart F, for the raw CO 2 analyzer. ( c) If the continuous raw exhaust sampling technique specified in 40 CFR part 1065 is used, the analysis procedures for CO specified in 40 CFR part 1065, subpart F, apply.

49. Section 86.1542 84 is amended by revising paragraph ( a) introductory text to read as follows: § 86.1542 84 Information required. ( a) General data   heavy duty engines. Information shall be recorded for each idle emission test as specified in 40 CFR part 1065, subpart G. The following test data are required: * * * * *

50. Section 86.1544 84 is amended by revising paragraphs ( b)( 1), ( b)( 2), and ( c) to read as follows: § 86.1544 84 Calculation; idle exhaust emissions. * * * * * ( b)* * * ( 1) Use the procedures, as applicable, in 40 CFR 1065.650 to determine the dilute wet basis CO and CO 2 in percent. ( 2) Use the procedure, as applicable, in 40 CFR 1065.650 to determine the raw dry basis CO 2 in percent. * * * * * ( c) If the raw exhaust sampling and analysis system specified in 40 CFR part 1065 is used, the percent for carbon monoxide on a dry basis shall be calculated using the procedure, as applicable, in 40 CFR 1065.650.

51. Section 86.1708 99 is amended by revising Tables R99 5 and R99 6 to read as follows: § 86.1708 99 Exhaust emission standards for 1999 and later light duty vehicles. * * * * * ( c) * * * ( 2)* * * Table R99 5  Intermediate Useful Life ( 50,000 mile) In Use Standards ( g/ mi) for Light duty Vehicles Vehicle Emission Category Model Year NMOG CO NOx HCHO LEV 1999 0.100 3.4 0.3 0.015 ULEV 1999 2002 0.055 2.1 0.3 0.008 Table R99 6  Full Useful Life ( 100,000 mile) In Use Standards ( g/ mi) for Light duty Vehicles Vehicle Emission Category Model Year NMOG CO NOx HCHO LEV 1999 0.125 4.2 0.4 0.018 ULEV 1999 2002 0.075 3.4 0.4 0.011 * * * * *

52. Section 86.1709 99 is amended by revising paragraph ( c)( 1) introductory text and by revising Table R99 14.2, to read as follows: § 86.1709 99 Exhaust emission standards for 1999 and later light light duty trucks. * * * * * ( c) * * * ( 1) 1999 model year light light duty trucks certified as LEVs and 1999 through 2002 model year light light duty trucks certified as ULEVs shall meet the applicable intermediate and full useful life in use standards in paragraph ( c)( 2) of this section, according to the following provisions: * * * * * ( e) * * * ( 2) * * * Table R99 14.2  SFTP Exhaust Emission Standards ( g/ mi) for LEVs and ULEVs US06 Test A/ C Test Loaded Vehicle Weight ( lbs) NMHC + NOX CO NMHC + NOX CO 0 3750................................... 0.14 8.0 0.20 2.7 3751 5750............................. 0.25 10.5 0.27 3.5 * * * * * 53. Section 86.1710 99 is amended by revising paragraph ( c)( 8) introductory text to read as follows: § 86.1710 99 Fleet average non methane organic gas exhaust emission standards for light duty vehicles and light light duty trucks. * * * * * ( c) * * * ( 8) Manufacturers may earn and bank credits in the NTR for model years 1997 and 1998. In states without a Section 177 Program effective in model year 1997 or 1998, such credits will be calculated as set forth in paragraphs ( a) and ( b) of this section, except that the applicable fleet average NMOG standard shall be 0.25 g/ mi NMOG for the averaging set for light lightduty trucks from 0 3750 lbs LVW and light duty vehicles or 0.32 g/ mi NMOG for the averaging set for light light duty trucks from 3751 5750 lbs LVW. In states that opt into National LEV and have a Section 177 Program effective in model year 1997 or 1998, such credits will equal the unused credits earned in those states. * * * * *

54. Section 86.1711 99 is amended by revising the section heading and paragraph ( a) to read as follows: § 86.1711 99 Limitations on sale of Tier 1 vehicles and TLEVs. ( a) In the 2001 and subsequent model years, manufacturers may sell Tier 1 vehicles and TLEVs in the NTR only if vehicles with the same engine families are certified and offered for sale in California in the same model year, except as provided under § 86.1707( d)( 4). * * * * *

55. Section 86.1808 01 is amended by revising paragraph ( f)( 19( iii) to read as follows: § 86.1808 01 Maintenance instructions. * * * * * ( f) * * * ( 19) * * * ( iii) Any person who violates a provision of this paragraph ( f) shall be subject to a civil penalty of not more than $ 32,500 per day for each violation. This maximum penalty is shown for calendar year 2004. Maximum penalty limits for later years may be set higher based on the Consumer Price Index, as specified in 40 CFR part 19. In addition, such person shall be liable for all other remedies set forth in Title II of the Clean Air Act, remedies pertaining to provisions of Title II of the Clean Air Act, or other applicable provisions of law.

56. Section 86.1811 04 is amended by revising Table S04 2 in paragraph ( c)( 6) to read as follows; § 86.1811 04 Emission standards for light duty vehicles, light duty trucks and medium duty passenger vehicles. * * * * * ( c) * * * ( 6) * * * Table S04 2.   Tier 2 and Interim Non Tier 2 Intermediate Useful Life ( 50,000 mile) Exhaust Mass Emission Standards ( grams per mile)

Bin No. NOx NMOG CO HCHO PM Notes 11 . . . . . . . . . . . . . . . . . 0.6 0.195 5.0 0.022 . . . . . . a c f h 10 . . . . . . . . . . . . . . . . . 0.4 0.125/ 0.160 3.4/ 4.4 0.015/ 0.018 . . . . . . a b d f g h 9 . . . . . . . . . . . . . . . . . . 0.2 0.075/ 0.140 3.4 0.015 . . . . . . a b e f g h 8 . . . . . . . . . . . . . . . . . . 0.14 0.100/ 0.125 3.4 0.015 . . . . . . b f h i 7 . . . . . . . . . . . . . . . . . . 0.11 0.075 3.4 0.015 . . . . . . f h 6 . . . . . . . . . . . . . . . . . . 0.08 0.075 3.4 0.015 . . . . . . f h 5 . . . . . . . . . . . . . . . . . . 0.05 0.075 3.4 0.015 . . . . . . f h Notes: a This bin deleted at end of 2006 model year ( end of 2008 model year for HLDTs and MDPVs ). b Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only. c This bin is only for MDPVs. d Optional NMOG standard of 0.195 g/ mi applies for qualifying LDT4s and qualifying MDPVs only. e Optional NMOG standard of 0.100 g/ mi applies for qualifying LDT2s only. f The full useful life PM standards from Table S04 1 also apply at intermediate useful life. g Intermediate life standards of this bin are optional for diesels. h Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles. i Higher NMOG standard deleted at end of 2008 model year.

* * * * *

57. Section 86.1816 08 is amended by revising paragraph ( j)( 2) to read as follows; § 86.1816 08 Emission standards for complete heavy duty vehicles. * * * * * ( j) * * * ( 2) The in use adjustments are: ( i) 0.1 g/ mi for NOx. ( ii) 0.100 g/ mi NMHC. ( iii) 0.01 g/ mi for PM.

58. Section 86.1834 01 is amended by revising paragraph ( b)( 4) introductory text, ( b)( 6)( ii) introductory text, and ( b)( 6)( ii)( D) to read as follows; § 86.1834 01 Allowable maintenance. * * * * * ( b)* * * ( 4) For diesel cycle light duty vehicles and light duty trucks, emission related maintenance in addition to, or at shorter intervals than the following will not be accepted as technologically necessary, except as provided in paragraph ( b)( 7) of this section: * * * * * ( 6)* * * ( ii) All critical emission related scheduled maintenance must have a reasonable likelihood of being performed in use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission related scheduled maintenance items which satisfy one of the following conditions will be accepted as having a reasonable likelihood of the maintenance item being performed in use: * * * ( D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph ( b)( 6)( ii)( B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one test group, the sample will be sales weighted to ensure that it is representative of all the groups in question. * * * * *

59. In Appendix I to Part 86, paragraph ( a) is amended by revising the table entries for " 961" and " 1345", paragraph ( b) is amended by revising the table entries for " 363," " 405," " 453," " 491," " 577," " 662," " 663," " 664," and " 932", and paragraph ( h) is amended by adding table entries for " 595," " 596," " 597," " 598," " 599," and " 600" in numerical order to read as follows: APPENDIX I TO PART 86   URBAN DYNAMOMETER SCHEDULES ( a) EPA Urban Dynamometer Driving Schedule for Light Duty Vehicles and Light Duty Trucks.

EPA URBAN DYNAMOMETER DRIVING SCHEDULE ( Speed versus Time Sequence)

Time ( sec.) Speed ( m. p. h.)

* * * * * * *

961 5.3 * * * * * * *

1345 18.3 * * * * * * *

( b) EPA Urban Dynamometer Driving Schedule for Light Duty Vehicles, Light Duty Trucks, and Motorcycles with engine displacements equal to or greater than 170 cc ( 10.4 cu. in.). SPEED VERSUS TIME SEQUENCE Time ( seconds) Speed ( kilometers per hour)

* * * * * * *

363 52.8 * * * * * * *

405 14.8 * * * * * * *

453 31.9 * * * * * * *

491 55.5 * * * * * * *

577 27.4 * * * * * * *

662 42.0 663 42.2 664 42.2 * * * * * * *

932 40.2 * * * * * * *

* * * * *

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

EPA SC03 DRIVING SCHEDULE ( Speed versus Time Sequence)

Time ( sec) Speed ( mph)

* * * * * * *

595 0.0 596 0.0 597 0.0 598 0.0 599 0.0 600 0.0 PART 89   CONTROL OF EMISSIONS FROM NEW AND IN USE NONROAD COMPRESSION IGNITION ENGINES 60. The authority citation for part 89 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

61. Section 89.1 is amended by revising paragraph ( b)( 4)( ii) to read as follows: § 89.1 Applicability. * * * * * ( b) * * * ( 4)* * * ( ii) Are exempted from the requirements of 40 CFR part 94 by exemption provisions of 40 CFR part 94 other than those specified in 40 CFR 94.907 or 94.912. * * * * *

62. Section 89.2 is amended by removing the definitions for " Marine diesel engine" and " Vessel", revising the definition of " United States", and adding definitions for " Amphibious vehicle", " Marine engine", and " Marine vessel" to read as follows: § 89.2 Definitions. * * * * * Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water. * * * * * Marine engine means a nonroad engine that is installed or intended to be installed on a marine vessel. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. There are two kinds of marine engines: ( 1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. ( 2) Auxiliary marine engine means a marine engine not used for propulsion. Marine vessel has the meaning given in 1 U. S. C. 3, except that it does not include amphibious vehicles. The definition in 1 U. S. C. 3 very broadly includes every craft capable of being used as a means of transportation on water. * * * * * United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U. S. Virgin Islands. * * * * * 63. Section 89.102 is amended by revising paragraph ( d)( 1)( i) to read as follows: § 89.102 Effective dates, optional inclusion, flexibility for equipment manufacturers. * * * * * ( d)* * * ( 1)* * * ( i) Equipment rated at or above 37 kW. For nonroad equipment and vehicles with engines rated at or above 37 kW, a manufacturer may take any of the actions identified in § 89.1003( a)( 1) for a portion of its U. S. directed production volume of such equipment and vehicles during the seven years immediately following the date on which Tier 2 engine standards first apply to engines used in such equipment and vehicles, provided that the seven year sum of these portions in each year, as expressed as a percentage for each year, does not exceed 80, and provided that all such equipment and vehicles or equipment contain Tier 1 or Tier 2 engines; * * * * *

64. Section 89.110 is amended by revising paragraph ( b)( 2) to read as follows: § 89.110 Emission control information label. * * * * * ( b)* * * ( 2) The full corporate name and trademark of the manufacturer; though the label may identify another company and use its trademark instead of the manufacturer's if the provisions of § 89.1009 are met. * * * * *

65. Section 89.112 is amended by revising paragraph ( f)( 3) to read as follows: § 89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, and particulate matter exhaust emission standards. * * * * * ( f) * * * ( 3) Test procedures. NOx, NMHC, and PM emissions are measured using the procedures set forth in 40 CFR part 1065, in lieu of the procedures set forth in subpart E of this part. CO emissions may be measured using the procedures set forth either in 40 CFR part 1065 or in Subpart E of this part. Manufacturers may use an alternate procedure to demonstrate the desired level of emission control if approved in advance by the Administrator. Engines meeting the requirements to qualify as Blue Sky Series engines must be capable of maintaining a comparable level of emission control when tested using the procedures set forth in paragraph ( c) of this section and subpart E of this part. The numerical emission levels measured using the procedures from subpart E of this part may be up to 20 percent higher than those measured using the procedures from 40 CFR part 1065 and still be considered comparable. 66. Section 89.130 is revised to read as follows: § 89.130 Rebuild practices. The provisions of 40 CFR 1068.120 apply to rebuilding of engines subject to the requirements of this part 89, except Tier 1 engines rated at or above 37 kW.

67. Section 89.301 is amended by revising paragraph ( d) to read as follows: § 89.301 Scope; applicability. * * * * * ( d) Additional information about system design, calibration methodologies, and so forth, for raw gas sampling can be found in 40 CFR part 1065. Examples for system design, calibration methodologies, and so forth, for dilute exhaust gas sampling can be found in 40 CFR part 1065.

68. Section 89.319 is amended by revising paragraphs ( b)( 2)( i) and ( c) introductory text to read as follows: § 89.319 Hydrocarbon analyzer calibration. ( b)* * * ( 2) * * * ( i) The HFID optimization procedures outlined in 40 CFR part 1065, subpart D. * * * * * ( c) Initial and periodic calibration. Prior to introduction into service, after any maintenance which could alter calibration, and monthly thereafter, the FID or HFID hydrocarbon analyzer shall be calibrated on all normally used instrument ranges using the steps in this paragraph ( c). Use the same flow rate and pressures as when analyzing samples. Calibration gases shall be introduced directly at the analyzer, unless the " overflow" calibration option of 40 CFR part 1065, subpart F, for the HFID is taken. New calibration curves need not be generated each month if the existing curve can be verified as continuing to meet the requirements of paragraph ( c)( 3) of this section. * * * * *******

69. Section 89.320 is amended by revising paragraph ( d) to read as follows: § 89.320 Carbon monoxide analyzer calibration. * * * * * ( d) The initial and periodic interference, system check, and calibration test procedures specified in 40 CFR part 1065 may be used in lieu of the procedures specified in this section.

70. Section 89.321 is amended by revising paragraph ( d) to read as follows: § 89.321 Oxides of nitrogen analyzer calibration. * * * * * ( d) The initial and periodic interference, system check, and calibration test procedures specified in 40 CFR part 1065 may be used in lieu of the procedures specified in this section. 71. Section 89.322 is amended by revising paragraph ( b) to read as follows: § 89.322 Carbon dioxide analyzer calibration. * * * * * ( b) The initial and periodic interference, system check, and calibration test procedures specified in 40 CFR part 1065 may be used in lieu of the procedures in this section.

72. Section 89.410 is amended by adding paragraph ( e) to read as follows: § 89.410 Engine test cycle. * * * * * ( e) Manufacturers may optionally use the ramped modal duty cycles corresponding to the discrete mode duty cycles specified in this section, as described in 40 CFR 1039.505.

73. Section 89.419 is amended by revising paragraphs ( a) introductory text, ( a)( 3)( i), ( b)( 1) introductory text, ( b)( 2)( i), ( b)( 2)( v)( B), ( b)( 4)( ii), and ( b)( 4)( iii) to read as follows: § 89.419 Dilute gaseous exhaust sampling and analytical system description. ( a) General. The exhaust gas sampling system described in this section is designed to measure the true mass of gaseous emissions in the exhaust of petroleum fueled nonroad compression ignition engines. This system utilizes the CVS concept ( described in 40 CFR part 1065, subparts A and B) of measuring mass emissions of HC, CO, and CO2. A continuously integrated system is required for HC and NOx measurement and is allowed for all CO and CO2 measurements. The mass of gaseous emissions is determined from the sample concentration and total flow over the test period. As an option, the measurement of total fuel mass consumed over a cycle may be substituted for the exhaust measurement of CO2. General requirements are as follows: * * * ( 3)* * * ( i) Bag sampling ( see 40 CFR part 1065) and analytical capabilities ( see 40 CFR part 1065), as shown in Figure 2 and Figure 3 in appendix A to this subpart; or * * * * * ( b)* * * ( 1) Exhaust dilution system. The PDP   CVS shall conform to all of the requirements listed for the exhaust gas PDP   CVS in 40 CFR part 1065. The CFV   CVS shall conform to all of the requirements listed for the exhaust gas CFV   CVS in 40 CFR part 1065. In addition, the CVS must conform to the following requirements: * * * * * ( 2)* * * ( i) The continuous HC sample system ( as shown in Figure 2 or 3 in appendix A to this subpart) uses an " overflow" zero and span system. In this type of system, excess zero or span gas spills out of the probe when zero and span checks of the analyzer are made. The " overflow" system may also be used to calibrate the HC analyzer according to 40 CFR part 1065, subpart F, although this is not required. * * * * * ( v)* * * ( B) Have a wall temperature of 191

C ± 11

C over its entire length. The temperature of the system shall be demonstrated by profiling the thermal characteristics of the system where possible at initial installation and after any major maintenance performed on the system. The profiling shall be accomplished using the insertion thermocouple probing technique. The system temperature will be monitored continuously during testing at the locations and temperature described in 40 CFR 1065.145. * * * * * ( 4)* * * ( ii) The continuous NOX, CO, or CO2 sampling and analysis system shall conform to the specifications of 40 CFR 1065.145 with the following exceptions and revisions: ( A) The system components required to be heated by 40 CFR 1065.145 need only be heated to prevent water condensation, the minimum component temperature shall be 55

C. ( B) The system response shall meet the specifications in 40 CFR part 1065, subpart C. ( C) Alternative NOX measurement techniques outlined in 40 CFR part 1065, subpart D, are not permitted for NOX measurement in this subpart. ( D) All analytical gases must conform to the specifications of § 89.312. ( E) Any range on a linear analyzer below 155 ppm must have and use a calibration curve conforming to § 89.310. ( iii) The chart deflections or voltage output of analyzers with non linear calibration curves shall be converted to concentration values by the calibration curve( s) specified in § 89.313 before flow correction ( if used) and subsequent integration takes place.

74. Section 89.421 is amended by revising paragraphs ( b) and ( c) to read as follows: § 89.421 Exhaust gas analytical system; CVS bag sample. * * * * * ( b) Major component description. The analytical system, Figure 4 in appendix A to this subpart, consists of a flame ionization detector ( FID) ( heated for petroleum fueled compression ignition engines to 191

C ± 6

C) for the measurement of hydrocarbons, nondispersive infrared analyzers ( NDIR) for the measurement of carbon monoxide and carbon dioxide, and a chemiluminescence detector ( CLD) ( or HCLD) for the measurement of oxides of nitrogen. The exhaust gas analytical system shall conform to the following requirements: ( 1) The CLD ( or HCLD) requires that the nitrogen dioxide present in the sample be converted to nitric oxide before analysis. Other types of analyzers may be used if shown to yield equivalent results and if approved in advance by the Administrator. ( 2) If CO instruments are used which are essentially free of CO2 and water vapor interference, the use of the conditioning column may be deleted. ( See 40 CFR part 1065, subpart D.) ( 3) A CO instrument will be considered to be essentially free of CO2 and water vapor interference if its response to a mixture of 3 percent CO2 in N2, which has been bubbled through water at room temperature, produces an equivalent CO response, as measured on the most sensitive CO range, which is less than 1 percent of full scale CO concentration on ranges above 300 ppm full scale or less than 3 ppm on ranges below 300 ppm full scale. ( See 40 CFR part 1065, subpart D.) ( c) Alternate analytical systems. Alternate analysis systems meeting the specifications of 40 CFR part 1065, subpart A, may be used for the testing required under this subpart. Heated analyzers may be used in their heated configuration. * * * * *

75. Section 89.424 is amended by revising the note at the end of paragraph ( d)( 3) to read as follows: § 89.424 Dilute emission sampling calculations. * * * * * ( d) * * * ( 3)* * * ( Note: If a CO instrument that meets the criteria specified in 40 CFR part 1065, subpart C, is used without a sample dryer according to 40 CFR 1065.145, CO em must be substituted directly for CO e and CO dm must be substituted directly for CO d.) * * * * *

76. Appendix A to Subpart F is amended by revising Table 1 to read as follows: Appendix A to Subpart F of Part 89   Sampling Plans for Selective Enforcement Auditing of Nonroad Engines Table 1   Sampling Plan Code Letter Annual engine family sales Code letter 20 50 AA1 20 99 A 100 299 B 300 499 C 500 or greater D 1A manufacturer may optionally use either the sampling plan for code letter " AA" or sampling plan for code letter " A" for Selective Enforcement Audits of engine families with annual sales between 20 and 50 engines. Additionally, the manufacturer may switch between these plans during the audit.

* * * * *

77. Section 89.603 is amended by adding paragraph ( e) to read as follows: § 89.603 General requirements for importation of nonconforming nonroad engines. * * * * * ( e)( 1) The applicable emission standards for engines imported by an ICI under this subpart are the emission standards applicable to the Original Production ( OP) year of the engine. ( 2) Where engine manufacturers have choices in emission standards for one or more pollutants in a given model year, the standard that applies to the ICI is the least stringent standard for that pollutant applicable to the OP year for the appropriate power category. ( 3) ICIs may not generate, use or trade emission credits or otherwise participate in any way in the averaging, banking and trading program. ( 4) An ICI may import no more than a total of 5 engines under the certificate( s) it receives under this part for any given model year, except as allowed by paragraph ( e)( 5) of this section. For ICIs owned by a parent company, the importation limit includes importation by the parent company and all its subsidiaries. ( 5) An ICI may exceed the limit outlined in paragraph ( e)( 4) of this section, provided that any engines in excess of the limit meet the emission standards and other requirements outlined in the applicable provisions of Part 89 or 1039 of this chapter for the model year in which the engine is modified ( instead of the emission standards and other requirements applicable for the OP year of the vehicle/ engine).

78. Section 89.611 is amended by revising paragraph ( b)( 1) to read as follows: § 89.611 Exemptions and exclusions. * * * * * ( b)* * * ( 1) Exemption for repairs or alterations. A person may conditionally import under bond a nonconforming engine solely for purpose of repairs or alterations. The engine may not be operated in the United States other than for the sole purpose of repair or alteration or shipment to the point of repair or alteration and to the port of export. It may not be sold or leased in the United States and is to be exported upon completion of the repairs or alterations. * * * * *

79. Section 89.612 is amended by revising paragraph ( d) to read as follows: § 89.612 Prohibited acts; penalties. * * * * * ( d) An importer who violates section 213( d) and section 203 of the Act is subject to the provisions of section 209 of the Act and is also subject to a civil penalty under section 205 of the Act of not more than $ 32,500 for each nonroad engine subject to the violation. In addition to the penalty provided in the Act, where applicable, a person or entity who imports an engine under the exemption provisions of § 89.611( b) and, who fails to deliver the nonroad engine to the U. S. Customs Service is liable for liquidated damages in the amount of the bond required by applicable Customs laws and regulations. The maximum penalty value listed in this paragraph ( d) is shown for calendar year 2004. Maximum penalty limits for later years may be adjusted based on the Consumer Price Index. The specific regulatory provisions for changing the maximum penalties, published in 40 CFR part 19, reference the applicable U. S. Code citation on which the prohibited action is based. * * * * *

80. A new § 89.614 is added to read as follows: § 89.614 Importation of incomplete engines. The provisions of 40 CFR 1068.330 apply for importation of incomplete engines, or engines that will be modified for applications other than those covered by this part 89.

81. A new § 89.913 is added to subpart J to read as follows: § 89.913 What provisions apply to engines certified under the motor vehicle program? You may use the provisions of 40 CFR 1039.605 to introduce new nonroad engines into commerce if they are already certified to the requirements that apply to compression ignition engines under 40 CFR parts 85 and 86. For the purposes of this section, all references in 40 CFR 1039.605 to 40 CFR part 1039 or sections in that part are replaced by references to this part 89 or the corresponding sections in this part 89.

82. A new § 89.914 is added to subpart J to read as follows: § 89.914 What provisions apply to vehicles certified under the motor vehicle program? You may use the provisions of 40 CFR 1039.610 to introduce new nonroad engines or equipment into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86. For the purposes of this section, all references in 40 CFR 1039.610 to 40 CFR part 1039 or sections in that part are replaced by references to this part 89 or the corresponding sections in this part 89.

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

84. Section 89.1006 is amended byrevising paragraphs ( a)( 1), ( a)( 2), ( a)( 5), and ( c)( 1) and adding paragraph ( a)( 6) to read as follows: § 89.1006 Penalties. ( a) * * * ( 1) A person who violates § 89.1003( a)( 1), ( a)( 4), or ( a)( 6), or a manufacturer or dealer who violates § 89.1003( a)( 3)( i), is subject to a civil penalty of not more than $ 32,500 for each violation. ( 2) A person other than a manufacturer or dealer who violates § 89.1003( a)( 3)( i) or any person who violates § 89.1003( a)( 3)( ii) is subject to a civil penalty of not more than $ 2,750 for each violation. * * * * * ( 5) A person who violates § 89.1003( a)( 2) or ( a)( 5) is subject to a civil penalty of not more than $ 32,500 per day of violation. ( 6) The maximum penalty values listed in this section are shown for calendar year 2004. Maximum penalty limits for later years may be adjusted based on the Consumer Price Index. The specific regulatory provisions for changing the maximum penalties, published in 40 CFR part 19, reference the applicable U. S. Code citation on which the prohibited action is based. * * * * * ( c) * * * ( 1) Administrative penalty authority. In lieu of commencing a civil action under paragraph ( b) of this section, the Administrator may assess any civil penalty prescribed in paragraph ( a) of this section, except that the maximum amount of penalty sought against each violator in a penalty assessment proceeding shall not exceed $ 270,000, unless the Administrator and the Attorney General jointly determine that a matter involving a larger penalty amount is appropriate for administrative penalty assessment. Any such determination by the Administrator and the Attorney General is not subject to judicial review. Assessment of a civil penalty shall be by an order made on the record after opportunity for a hearing held in accordance with the procedures found at part 22 of this chapter. The Administrator may compromise, or remit, with or without conditions, any administrative penalty which may be imposed under this section. * * * * *

85. A new § 89.1009 is added to subpart K to read as follows: § 89.1009 What special provisions apply to branded engines? The following provisions apply if you identifyAA manufacturer identifying the name and trademark of another company instead of your own on yourthethe emission control information label, as provided by § 89.110( b)( 2): ( a) You must have a contractual agreement with the other company that obligates that company to take the following steps: ( 1) Meet the emission warranty requirements that apply under this part. This may involve a separate agreement involving reimbursement of warranty related expenses. ( 2) Report all warranty related information to the certificate holder. ( b) In your application for certification, identify the company whose trademark you will use and describe the arrangements you have made to meet your requirements under this section. ( c) You remain responsible for meeting all the requirements of this chapter, including warranty and defect reporting provisions, must comply with the provisions of 40 CFR 1039.640.

PART 94   CONTROL OF AIR POLLUTION FROM MARINE COMPRESSIONIGNITION ENGINES 86. The authority citation for part 94 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

87. Section 94.2 is amended in paragraph ( b) by removing the definitions of Auxiliary engine and Propulsion engine, revising the definitions of Marine engine, Marine vessel, and United States, and adding a definition of Amphibious vehicle in alphabetical order to read as follows: § 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. * * * * *

88. Section 94.9 is amended by revising paragraph ( a)( 3) to read as follows: § 94.9 Compliance with emission standards. ( a) * * * ( 3) Manufacturers may request in the application for certification that we approve a shorter useful life for an engine family. We may approve a shorter useful life, in hours of engine operation but not in years, if we determine that these engines will rarely operate longer than the shorter useful life. If engines identical to those in the engine family have already been produced and are in use, the demonstration must include documentation from such in use engines. In other cases, the demonstration must include an engineering analysis of information equivalent to such in use data, such as data from research engines or similar engine models that are already in production. The demonstration must also include recommended overhaul intervals, any mechanical warranty offered for the engine or its components, and any relevant customer design specifications. The demonstration may include any other relevant information. The useful life value may not be shorter than any of the following: ( i) 1,000 hours of operation. ( ii) The recommended overhaul interval. ( iii) The mechanical warranty for the engine. * * * * *

89. Section 94.105 is amended by revising paragraph ( b) before the table to read as follows: § 94.105 Duty cycles. * * * * * ( b) General cycle. Propulsion engines that are used with ( or intended to be used with) fixed pitch propellers, propeller law auxiliary engines, and any other engines for which the other duty cycles of this section do not apply, shall be tested using the duty cycle described in the following Table B   1: * * * * *

90. 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. * * * * *

91. 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. * * * * *

92. Section 94.904212211 is amended by adding a newrevisingrevising paragraph ( cb)( 6k) to read as follows: § 94.212 Labeling. * * * * * 211 Emission related maintenance instructions for purchasers. * * * * * ( k) For Category 3 engines, the manufacturer must provide the ultimate purchaser with a Technical File meeting the specifications of section 2.4 of the Annex VI Technical Code ( incorporated by reference in § 94.5). The maintenance instructions required by this part to be provided by manufacturer may be included in this Technical File. The manufacturer must provide a copy of this Technical File to EPA upon request. * * * * *

93. Section 94.212 is amended by revising paragraph ( b)( 6) to read as follows: § 94.212 Labeling. * * * * * ( b)* * * ( 6) A prominent unconditional statement of compliance with U. S. Environmental Protection Agency regulations whichthat apply to marine compression ignition engines. * * * * *

94. A new § 94.806 is added to read as follows: § 94.806 Importation of incomplete engines. The provisions of 40 CFR 1068.330 apply for importation of incomplete engines, or engines that will be modified for applications other than those covered by this part 94. 95. Section 94.904 is amended by revising paragraph ( a) and adding a new paragraph ( c) to read as follows: § 94.904 Exemptions. ( a) Except as specified otherwise in this subpart, the provisions of § § 94.904 through 94.912 exempt certain new engines from the standards, other requirements, and prohibitions of this part, except for the requirements of this subpart and the requirements of § 94.1104. Additional requirements may apply for imported engines; these are described in subpart I of this part. * * * * * ( c) If you want to take an action with respect to an exempted or excluded engine that is prohibited by the exemption or exclusion, such as selling it, you need to certify the engine. We will issue a certificate of conformity if you send us an application for certification showing that you meet all the applicable requirements from this part 94 and pay the appropriate fee. Also, in some cases, we may allow manufacturers to modify the engine as needed to make it identical to engines already covered by a certificate. We would base such an approval on our review of any appropriate documentation. These engines must have emission control information labels that accurately describe their status.

96. 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) revised 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  builderBoat 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 and you meet the requirements of paragraph ( e) of this section. If you modify the non marine engine in any of the ways described in paragraph ( d)( 3) of this section, we will consider you a manufacturer of a new marine engine. Such engine modifications prevent you from using the provisions of this section. ( c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86 or 40 CFR part 89, 92, or 1039. This paragraph ( c) applies to engine manufacturers, boat builders who use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of § 94.1103( a)( 1) apply to these new engines and vessels; however, we consider the certificate issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a valid certificate of conformity under this part 94 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under this part 94 or under 40 CFR part 85, 89, 92, or 1039. ( d) Specific requirements. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new marine engine, the engine is eligible for an exemption under this section: ( 1) You must produce it by marinizing an engine covered by a valid certificate of conformity from one of the following programs: * * *( i) Heavy duty highway engines ( 40 CFR part 86). ( ii) Land based nonroad diesel engines ( 40 CFR part 89 or 1039). * * * * *( iii) Locomotive engines ( 40 CFR part 92). ( 2) The engine must have the label required under 40 CFR part 86, 89, 92, or 1039. * * * * * ( 3) * * * You must not make any changes to the certified engine that could reasonably be expected to increase its emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for the engine dressing exemption: ( i) Change any fuel system parameters from the certified configuration, or change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. * * * * * ( ii) Replacing an original turbocharger, except that small volume manufacturers of recreational engines may replace an original turbocharger with one that matches the performance of the original turbocharger. ( iii) Modify or design the marine engine cooling or aftercooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges. ( 4) You must show that fewer than 50 percent of the engine model'sfamily's total sales in the United States for the model year, from all companies, are used in marine applications. This includes engines used in any application, without regard to which company manufactures the vessel or equipment. Show this as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information. * * * * *( e) If you are an engine manufacturer or boat builder using this exemption, you must do all of the following: ( 1) Make sure the original engine label will remain clearly visible after installation in the vessel. ( 2) Add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vessel. In your engine label, do the following: ( i) Include the heading: " Marine Engine Emission Control Information". ( ii) Include your full corporate name and trademark. ( iii) State: " This engine was marinized without affecting its emission controls." ( iv) State the date you finished marinizing the engine ( month and year). ( 3) Send a signed letter to the Designated Officer by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine models for which you expect to use this exemption in the coming year and describe your basis for meeting the sales restrictions of paragraph ( d)( 4) of this section. ( iii) State: " We prepare each listed engine model for marine application without making any changes that could increase its certified emission levels, as described in 40 CFR 94.907." ( f) Engine inventories. In general you may use up your inventory of engines that are not certified to new marine emission standards if they were originally manufactured before the date of the new standards. However, stockpiling these engines is a violation of § 94.1103( a)( 1)( i)( A). ( g) Failure to comply. If your engines do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 94 and the certificate issued under 40 CFR part 86, 89, 92, or 1039 will not be deemed to also be a certificate issued under this part 94. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 94.1103( a)( 1). ( h) Data submission. ( 1) If you are the original manufacturer and marinizer of an exempted engine, you must send us emission test data on the appropriate marine duty cycles. You can include the data in your application for certification or in the letter described in paragraph ( e)( 3) of this section. * * * * * * * *( 2) If you are the original manufacturer of an exempted engine that is marinized by a post manufacture marinizer, you may be required to send us emission test data on the appropriate marine duty cycles. If such data are requested you will be allowed a reasonable amount of time to collect the data. ( i) Participation in averaging, banking and trading. Engines adapted for marine use under this section may not generate or use emission credits under this part 94. These engines may generate credits under the ABT provisions in 40 CFR part 86, 89, 92, or 1039, as applicable. These engines must use emission credits under 40 CFR part 86, 89, 92, or 1039 as applicable if they are certified to an FEL that exceeds an applicable standard. ( j) Operator requirements. The requirements for vessel manufacturers, owners, and operators in subpart K of this part apply to these engines whether they are certified under this part 94 or another part as allowed by this section.

97. 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 fromThisThis section applies to auxiliary marine engines that are identical to certified land based engines. See § 94.907 for provisions that apply to propulsion marine engines or auxiliary marine engines that are modified for marine applications. ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce new marine engines into commerce if they are already certified to the requirements that apply to compression ignition engines under 40 CFR part 89 or 1039 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 or 1039 for each engine to also be a valid certificate of conformity under this part 94 for its model year, without a separate application for certification under the requirements of this part 94. ( b) Boat builder provisions. If you are not an engine manufacturer, you may install an engine certified for land based applications in a marine vessel as long as you meet all the qualifying criteria and requirements specified in paragraphs ( d) and ( e) of this section. If you modify the non marine engine, we will consider you a manufacturer of a new marine engine. Such engine modifications prevent you from using the provisions of this section. ( c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR part 89 or 1039. This paragraph ( c) applies to engine manufacturers, boat builders who use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of § 94.1103( a)( 1) apply to these new engines and vessels; however, we consider the certificate issued under 40 CFR part 89 or 1039 for each engine to also be a valid certificate of conformity under this part 94 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under this part 94 or under 40 CFR part 89 or 1068. ( d) Qualifying criteria. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new marine engine, the engine is eligible for an exemption under this section: ( 1) The marine enginesengine 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) TheYouYou must show that the number of auxiliary marine engines from the engine family must be smaller than the number of land based engines from the engine family. ( 5) I sold in the United States, as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information. ( e) Specific requirements. If you are an engine manufacturer or boat builder using this exemption, you must do all of the following: ( 1) Make sure the original engine label will remain clearly visible after installation in the vessel. This label or a supplemental label must identify that the original certification is valid for marine auxiliary applications. ( 2) Send a signed letter to the Designated Officer by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed engine model for marine application without making any changes that could increase its certified emission levels, as described in 40 CFR 94.907." ( 5) If you are the certificate holder, you must describe in your application for certification, how you must identify your plansplan to produce engines for both land based and auxiliary marine applications, including projected sales of auxiliary marine engines to the extent this can be determined. If the projected marine sales are substantial, we may ask for the 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) f) Failure to comply. If your engines do not meet the criteria listed in paragraph ( add) of this section, they will be subject to all the standards, requirements, and prohibitions of this part 94 and the certificate issued under 40 CFR part 89 or 1039 will not be deemed to also be a certificate issued under this part 94. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in § 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 calculations4040 CFR 94.1103( a)( 1). ( g) Participation in averaging, banking and trading. Engines using this exemption may not generate or use emission credits under this part 94. These engines may generate credits under the ABT provisions in 40 CFR part 89 or 1039, as applicable. Do not count tThese marine engines in emission credit calculationsmustThese engines must use emission credits under 40 CFR part 94. ( f) 89 or 1039 as applicable if they are certified to an FEL that exceeds an applicable standard. ( h) Operator requirements. The requirements for vessel manufacturers, owners, and operators in subpart K of this part apply to these engines whether they are certified under this part 94 or another part as allowed by this section.

98. Section 94.10014 is revisedA new § 94.913 is added to subpart J to read as follows: § 94.913 Staged assembly exemption. You may ask us to provide a temporary exemption to allow you to complete production of your engines at different facilities, as long as you maintain control of the engines until they are in their certified configuration. We may require you to take specific steps to ensure that such engines are in their certified configuration before reaching the ultimate purchaser. You may request an exemption under this section in your application for certification, or in a separate submission to the Designated Compliance Officer.

99. Section 94.1004 is amended by revising paragraphs ( b) and ( c) introductory text to read as follows: § 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 1004 Maintenance, repair, adjustment, and recordkeeping. * * * * * ( b) Unless otherwise approved by the Administrator, all maintenance, repair, adjustment, and alteration of Category 3 engines subject to the provisions of subpart A of this part, except as otherwise specified. this part performed by any owner, operator or other maintenance provider that is not covered by paragraph ( a) of this section shall be performed, using good engineering judgment, in such a manner that the engine continues ( after the maintenance, repair, adjustment or alteration) to meet the emission standards it was certified as meeting prior to the need for service. Adjustments are limited to the range specified by the engine manufacturer in the approved application for certification. ( c) A Category 3 engine may not be adjusted or altered contrary to the requirements of § 94.11 or paragraph ( b) of this section, except as allowed by § 94.1103( b)( 2). If such an adjustment or alteration occurs, the engine must be returned to a configuration allowed by this part within two hours of operation. Each two hour period during which there is noncompliance is a separate violation. The following provisions apply to adjustments or alterations made under § 94.1103( b)( 2): * * * * *

100. 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 ( ba)( 3)( iv8) and ( b)( 3)( viii4) to read as follows: § 94.1103 Prohibited acts. * * * * *( a) The following acts and the causing thereof are prohibited: * ** ( 8) For an owner or operator of a vessel installing a replacement engine under the provisions of paragraph ( b)( 4) of this section to make modifications to significantly increase the value of the vessel within six months after installing the replacement engine. ( b)* * * ( 3) * * *

WhereWhere the Administrator determines that no engine that is certified to the requirements of this part is produced by any manufacturer with the appropriate physical or performance characteristics to repower a vessel, the Administrator may allow an engine manufacturer to introduce into commerce a replacement engine without complying with all of the otherwise applicable requirements of this part. Such engine shall not be subject to the prohibitions of paragraph ( a)( 1) of this section, subject to all the following provisions: ( i) The engine requiring replacement is not certified or is certified to emission standards that are less stringent than those in effect when the replacement engine is built. ( ii) The engine manufacturer or its agent takes ownership and possession of the engine being replaced or confirms that the engine has been destroyed; 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 FOR [ Insert appropriate year reflecting when the Tier 1 or Tier 2 standards for the replaced engine began to apply] ENGINES 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. * * * * * ( v) Where the replacement engine is intended to replace an engine that is certified to emission standards that are less stringent than those in effect when the replacement engine is built, the replacement engine shall be identical in all material respects to a certified configuration of the same or later model year as the engine being replaced. ( vi) Engines sold pursuant to the provisions of this paragraph will neither generate nor use emission credits and will not be part of any accounting under the averaging, banking and trading program. ( vii) In cases where an engine is to be imported for replacement purposes under the provisions of this paragraph ( b)( 3) of this section, the term " engine manufacturer" shall not apply to an individual or other entity that does not possess a current Certificate of Conformity issued by EPA under this part; and ( viii) The provisions of this section may not be used to circumvent emission standards that apply to new engines under this part. ( 4) An engine manufacturer may make the determination related to replacement engines described in paragraph ( b)( 3) of this section instead of the Administrator, if the new engine is needed to replace an engine that has experienced catastrophic failure. The engine manufacturer must keep records explaining why no new engine that is certified to the requirements of this part could be used to replace the engine that has experienced catastrophic failure, and make these records available upon request.