outside useful life compliance program as an alternative to vehicle and
engine certification of fuel conversion of older vehicles and engines.
The intermediate age and outside useful life programs will allow
conversion manufacturers to conduct fewer tests and will provide a
streamlined data-submittal process. These programs may also allow for
one set of test data to apply to a broader set of OEM vehicles.
    We have therefore concluded that today's final rule will generally
relieve or not increase regulatory burden for each affected small
entity. The number of potentially affected small entities subject to
this rule is projected to be less than 20 per year. The degree of cost
reduction for each entity will vary based on conversion technology,
fuel type, vehicle or engine age, applicability, conversion
manufacturer preference, and the manufacturer's annual sales volume.
See Sections VII and VIII of this preamble for further details.

D. Unfunded Mandates Reform Act

    This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or Tribal
governments. The rule imposes no enforceable duty on any State, local
or Tribal governments. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for the private sector in any one year. Thus, this rule
is not subject to the requirements of sections 202 or 205 of UMRA. EPA
has determined that this rule is also not subject to the requirements
of section 203 of UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
    ``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. EPA and the States will maintain
the current distribution of power and responsibility. Thus, Executive
Order 13132 does not apply to this action.
    Although section 6 of Executive Order 13132 does not apply to this
action, EPA did consult with State and local officials and
representatives of State and local governments in developing this
action. EPA received comments from four separate State agencies/
officials: The State of Utah, Office of the Governor Energy Advisor,
Dianne Nielson; The Texas Railroad Commission, Michael Williams,
Commissioner; The Texas Commission on Environmental Quality, Mark
Vickery, Executive Director; and the Florida Department of
Environmental Protection, Sandra Veazey, Chief Bureau of Air Monitoring
and Mobile Sources. None of the State agency comments expressed
federalism implications or concerns. EPA generally received positive
comments from State agencies/officials about the goals of the proposed
rule. State agency comments about program details are included in the
Response to Comments document in the docket.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on the proposed rule
from State and local officials.

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

    This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action. EPA specifically solicited
additional comment on the proposal from Tribal officials, and received
no comments from Tribal officials.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it is not economically significant as defined in EO 12866
and does not establish an environmental standard intended to mitigate
health or safety risks.

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

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking does not involve new technical standards and EPA
received no comments concerning any voluntary consensus standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection

provided to human health or the environment. This action changes some
required procedures but does not relax the control measures on sources
regulated by the rule and therefore will not cause emissions increases
from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

L. Administrative Procedure Act

    Section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d)
generally requires agencies to publish substantive rules at least 30
days prior to the effective dates of such rules. One exception to that
general requirement is that an agency may establish an immediate
effective date for a rule ``which grants or recognizes an exemption or
relieves a restriction.'' EPA has decided that this action will be
effective immediately upon publication in the Federal Register because
this action recognizes an exemption to the Clean Air Act's section 203
tampering prohibition.

X. Statutory Provisions and Legal Authority

    Statutory authority for the regulation of clean alternative fuel
conversion can be found in 42 U.S.C. 7401-7617q. The Administrator has
determined that this action is subject to the provisions of Clean Air
Act (CAA) section 307(d).\107\
---------------------------------------------------------------------------

    \107\ See CAA section 307(d)(1)(V).
---------------------------------------------------------------------------

List of Subjects in 40 CFR Parts 85 and 86

    Environmental protection, Administrative practice and procedure,
Alternative fuel conversion, Confidential business information, Motor
vehicle pollution, Reporting and recordkeeping requirements.

    Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons set forth in the preamble title 40, Chapter 1 of
the Code of Federal Regulations is amended as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

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

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

0
2. Subpart F of part 85 is revised to read as follows:
Subpart F--Exemption of Clean Alternative Fuel Conversions From
Tampering Prohibition
Sec.
85.501 General applicability.
85.502 Definitions.
85.505 Overview.
85.510 Exemption provisions for new and relatively new vehicles/
engines.
85.515 Exemption provisions for intermediate age vehicles/engines.
85.520 Exemption provisions for outside useful life vehicles/
engines.
85.524 Legacy standards.
85.525 Applicable standards.
85.530 Vehicle/engine labels and packaging labels.
85.535 Liability, recordkeeping and end of year reporting.

Subpart F--Exemption of Clean Alternative Fuel Conversions From
Tampering Prohibition

Sec.  85.501  General applicability.

    (a) This subpart describes the provisions related to an exemption
from the tampering prohibition in Clean Air Act section 203(a) (42
U.S.C. 7522(a)) for light-duty vehicles, light-duty trucks, medium-duty
passenger vehicles, heavy-duty vehicles, and heavy-duty engines. This
subpart F does not apply for highway motorcycles or for nonroad or
stationary engines or equipment.
    (b) For purposes of this subpart, the term ``you'' generally means
a clean alternative fuel conversion manufacturer, which may also be
called ``conversion manufacturer'' or ``converter''.

Sec.  85.502  Definitions.

    The definitions in this section apply to this subpart. All terms
that are not defined in this subpart have the meaning given in 40 CFR
part 86. All terms that are not defined in this subpart or in 40 CFR
part 86 have the meaning given in the Clean Air Act. The definitions
follow:
    Clean alternative fuel conversion (or ``fuel conversion'' or
``conversion system'') means any alteration of a motor vehicle/engine,
its fueling system, or the integration of these systems, that allows
the vehicle/engine to operate on a fuel or power source different from
the fuel or power source for which the vehicle/engine was originally
certified; and that is designed, constructed, and applied consistent
with good engineering judgment and in accordance with all applicable
regulations. A clean alternative fuel conversion also means the
components, design, and instructions to perform this alteration.
    Clean alternative fuel conversion manufacturer (or ``conversion
manufacturer'' or ``converter'') means any person that manufactures,
assembles, sells, imports, or installs a motor vehicle/engine fuel
conversion for the purpose of use of a clean alternative fuel.
    Conversion model year means the clean alternative fuel conversion
manufacturer's annual production period which includes January 1 of
such calendar year. A specific model year may not include January 1
from the previous year or the following year. This is based on the
expectation that production periods generally run on consistent
schedules from year to year. Conversion model years may not circumvent
or skip an annual production period. The term conversion model year
means the calendar year if the converter does not have a different
annual production period.
    Date of conversion means the date on which the clean alternative
fuel conversion system is fully installed and operable.
    Dedicated vehicle/engine means any vehicle/engine engineered and
designed to be operated using a single fuel.
    Dual-fuel vehicle/engine means any vehicle/engine engineered and
designed to be operated on two or more different fuels, but not on a
mixture of the fuels.
    Heavy-duty engines describes all engines intended for use in heavy-
duty vehicles, covered under the applicability of 40 CFR part 86,
subpart A.
    Light-duty and heavy-duty chassis certified vehicles describes all
light-duty vehicles, light-duty trucks, medium duty passenger vehicles,
and heavy-duty complete and incomplete vehicles covered under the
applicability of 40 CFR part 86, subpart S.
    Mixed-fuel vehicle/engine means any vehicle/engine engineered and
designed to be operated on the original fuel(s), alternative fuel(s),
or a mixture of two or more fuels that are combusted together. Mixed-
fuel vehicles/engines include flexible-fuel vehicles/engines as defined
in 40 CFR part 86 subpart S.

    Original equipment manufacturer (OEM) means the original
manufacturer of the new vehicle/engine or relating to the vehicle/
engine in its original certified configuration.
    Original model year means the model year in which a vehicle/engine
was originally certified by the original equipment manufacturer, as
noted on the certificate and on the emission control information label.
    We (us, our) means the Administrator of the Environmental
Protection Agency or any authorized representative.

Sec.  85.505  Overview.

    (a) You are exempted from the tampering prohibition in Clean Air
Act section 203(a)(3) (42 U.S.C. 7522)(a)(3) (``tampering'') if you
satisfy all the provisions of this subpart.
    (b) The tampering exemption provisions described in this subpart
are differentiated based on the age of the vehicle/engine at the point
of conversion as follows:
    (1) ``New and relatively new'' refers to a vehicle/engine where the
date of conversion is in a calendar year that is not more than one year
after the original model year. See Sec.  85.510 for provisions that
apply specifically to new and relatively new vehicles/engines.
    (2) ``Intermediate age'' refers to a vehicle/engine that has not
exceeded the useful life (in years, miles, or hours of operation)
applicable to the vehicle/engine as originally certified, excluding new
and relatively new vehicles/engines. See Sec.  85.515 for provisions
that apply specifically to intermediate-age vehicles/engines.
    (3) ``Outside useful life'' refers to any vehicle/engine that has
exceeded the useful life (in years, miles, or hours of operation)
applicable to the vehicle/engine as originally certified. See Sec.
85.520 for provisions that apply specifically to outside useful life
vehicles/engines.
    (c) If the converted vehicle/engine is a dual-fuel or mixed-fuel
vehicle/engine, you must submit test data using each type of fuel,
except that if you wish to certify to the same standards as the OEM
vehicle/engine, you may omit testing for the fuel originally used to
certify the vehicle/engine if you comply with Sec.  85.510(b)(10)(ii),
(iii), and (iv), Sec.  85.515(b)(10)(iii)(B), (C), and (D), or Sec.
85.520(b)(6)(iii)(B), (C), and (D), as applicable.
    (d) This subpart specifies certain reporting requirements. We may
ask you to give us more information than we specify in this subpart to
determine whether your vehicles/engines conform to the requirements of
this subpart. We may ask you to give us less information or do less
testing than we specify in this subpart.
    (e) EPA may require converters to submit vehicles/engines for EPA
testing under any of the three age based programs. Under Sec.  85.510
or Sec.  85.515, if a vehicle/engine is selected for confirmatory
testing as part of the demonstration and notification process, the
vehicle/engines must satisfy the applicable intermediate and full
useful life standards using the appropriate deterioration factors to
qualify for an exemption from the tampering prohibition. If an outside
useful life vehicle/engine is selected for testing, the vehicle/engine
must demonstrate that emissions are maintained or improved upon after
conversion to qualify for an exemption from the tampering prohibition.
    (f) If you have previously used small volume conversion
manufacturer or qualified small volume test group/engine family
procedures and you may exceed the volume thresholds using the sum
described in Sec.  85.535(f) to determine small volume status in 40 CFR
86.1838-01, 40 CFR 86.098-14, and 40 CFR 86.096-24(e)(2) as
appropriate, you must satisfy the requirements for conversion
manufacturers who do not qualify for small volume exemptions or your
exemption from tampering is no longer valid.
    (g) An exemption from the prohibition on tampering applies to
previously issued alternative fuel conversion certificates of
conformity for the applicable conversion test group/engine family and/
or evaporative/refueling family, as long as the conditions under which
the certificate was issued remain unchanged, such as small volume
manufacturer or qualified small volume test group/engine family status.
Your exemption from tampering is valid only if the conversion is
installed on the OEM test groups/engine families and/or evaporative
emissions/refueling families listed on the certificate.
    (h) The applicable useful life of a clean alternative fuel
converted vehicle/engine shall end at the same time the OEM vehicle's/
engine's original useful life ends.

Sec.  85.510  Exemption provisions for new and relatively new vehicles/
engines.

    (a) You are exempted from the tampering prohibition with respect to
new and relatively new vehicles/engines if you certify the conversion
system to the emission standards specified in Sec.  85.525 as described
in paragraph (b) in this section; you meet the labeling and packaging
requirements in Sec.  85.530 before you sell, import or otherwise
facilitate the use of a clean alternative fuel conversion system; and
you meet the liability, recordkeeping, and end of year reporting
requirements in Sec.  85.535.
    (b) Certification under this section must be based on the
certification procedures such as those specified in 40 CFR part 86,
subparts A, B, and S and 40 CFR part 1065, as applicable, subject to
the following exceptions and special provisions:
    (1) Test groups and evaporative/refueling families for light-duty
and heavy-duty chassis certified vehicles.
    (i) Small volume conversion manufacturers and qualified small
volume test groups.
    (A) If criteria for small volume manufacturer or qualified small
volume test groups are met as defined in 40 CFR 86.1838-01, you may
combine light-duty vehicles or heavy-duty vehicles which can be chassis
certified under 40 CFR part 86, subpart S using good engineering
judgment into conversion test groups if the following criteria are
satisfied instead of those specified in 40 CFR 86.1827-01.
    (1) Same OEM and OEM model year.
    (2) Same OBD group.
    (3) Same vehicle classification (e.g. light-duty vehicle, heavy-
duty vehicle).
    (4) Engine displacement is within 15% of largest displacement or 50
CID, whichever is larger.
    (5) Same number of cylinders or combustion chambers.
    (6) Same arrangement of cylinders or combustion chambers (e.g. in-
line, v-shaped).
    (7) Same combustion cycle (e.g., two stroke, four stroke, Otto-
cycle, diesel-cycle).
    (8) Same engine type (e.g. piston, rotary, turbine, air cooled vs.
water cooled).
    (9) Same OEM fuel type (except otherwise similar gasoline and E85
flexible-fuel vehicles may be combined into dedicated alternative fuel
vehicles).
    (10) Same fuel metering system (e.g. throttle body injection vs.
port injection).
    (11) Same catalyst construction (e.g. metal vs. ceramic substrate).
    (12) All converted vehicles are subject to the most stringent
emission standards used in certifying the OEM test groups within the
conversion test group.
    (B) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for vehicles with over
10,000 miles if the criteria for small volume manufacturer or qualified
small volume test groups are met as defined in 40 CFR 86.1838-01. This
deterioration factor will be adjusted according to vehicle or engine
miles of operation. The

deterioration factor is intended to predict the vehicle's emission
levels at the end of the useful life. EPA may adjust these scaled
assigned deterioration factors if we find the rate of deterioration
non-constant or if the rate differs by fuel type.
    (C) As part of the conversion system description provided in the
application for certification, conversion manufacturers using EPA
assigned deterioration factors must present detailed information to
confirm the durability of all relevant new and existing components and
to explain why the conversion system will not harm the emission control
system or degrade the emissions.
    (ii) Conversion evaporative/refueling families are identical to the
OEM evaporative/refueling families unless the OEM evaporative emission
system is no longer functionally necessary. You must create any new
evaporative families according to 40 CFR 86.1821-01.
    (2) Engine families and evaporative/refueling families for heavy-
duty engines.
    (i) Small volume conversion manufacturers and qualified small
volume heavy-duty engine families.
    (A) If criteria for small volume manufacturer or qualified small
volume engine families are met as defined in 40 CFR 86.098-14 and 40
CFR 86.096-24(e)(2) you may combine heavy-duty engines using good
engineering judgment into conversion engine families if the following
criteria are satisfied instead of those specified in 40 CFR part 86,
subpart A.
    (1) Same OEM.
    (2) Same OBD group after MY 2013.
    (3) Same service class (e.g. light heavy-duty diesel engines,
medium heavy-duty diesel engines, heavy heavy-duty diesel engines).
    (4) Engine displacement is within 15% of largest displacement or 50
CID, whichever is larger.
    (5) Same number of cylinders.
    (6) Same arrangement of cylinders.
    (7) Same combustion cycle.
    (8) Same method of air aspiration.
    (9) Same fuel type (e.g. diesel/gasoline).
    (10) Same fuel metering system (e.g. mechanical direct or
electronic direct injection).
    (11) Same catalyst/filter construction (e.g. metal vs. ceramic
substrate).
    (12) All converted engines are subject to the most stringent
emission standards. For example, 2005 and 2007 heavy-duty diesel
engines may be in the same family if they meet the most stringent
(2007) standards.
    (13) Same emission control technology (e.g., internal or external
EGR).
    (B) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for engines with over
10,000 miles if the criteria for small volume manufacturer or qualified
small volume engine families are met as defined in 40 CFR 86.098-14 and
40 CFR 86.096-24(e)(2). This deterioration factor will be adjusted
according to vehicle or engine miles of operation. The deterioration
factor is intended to predict the engine's emission levels at the end
of the useful life. EPA may adjust these scaled assigned deterioration
factors if we find the rate of deterioration non-constant or if the
rate differs by fuel type.
    (C) As part of the conversion system description provided in the
application for certification, conversion manufacturers using EPA
assigned deterioration factors must present detailed information to
confirm the durability of all relevant new and existing components and
to explain why the conversion system will not harm the emission control
system or degrade the emissions.
    (ii) Conversion evaporative/refueling families are identical to the
OEM evaporative/refueling families unless the OEM evaporative emission
system is no longer functionally necessary. You must create any new
evaporative families according to 40 CFR 86.096-24(a).
    (3) Conversion test groups/engine families for small volume
conversion manufacturers and qualified small volume test groups/engine
families may include vehicles/engines that are subject to different OEM
emission standards; however, all the vehicles/engines certified under
this subpart in a single conversion test group/engine family are
subject to the most stringent standards that apply for vehicles/engines
included in the conversion test group/engine family. For example, if
OEM vehicle test groups originally certified to Tier 2, Bin 4 and Bin 5
standards are in the same conversion test group for purposes of fuel
conversion, all the vehicles certified in the conversion test group
under this subpart are subject to the Tier 2, Bin 4 standards.
Conversion manufacturers may choose to certify a conversion test group/
engine family to a more stringent standard than the OEM did. The
optional, more stringent standard would then apply to all OEM test
groups/engine families within the conversion test group/engine family.
This paragraph (b)(3) does not apply to conversions to dual-fuel/mixed-
fuel vehicles/engines, as provided in paragraph (b)(7) of this section.
    (4)-(5) [Reserved]
    (6) Durability testing is required unless the criteria for small
volume manufacturer or qualified small volume test groups/engine
families are met as defined in 40 CFR 86.1838-01, 40 CFR 86.098-14, and
40 CFR 86.096-24(e)(2), as applicable.
    (7) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines cannot include vehicles/engines
subject to different emission standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group. However for small volume conversion manufacturers
and qualified small volume test groups/engine families the data
generated from exhaust emission testing on the new fuel for dual-fuel
or mixed-fuel test vehicles/engines may be carried over to vehicles/
engines which otherwise meet the test group/engine family criteria and
for which the test vehicle/engine data demonstrate compliance with the
application vehicle/engine standard. Clean alternative fuel conversion
evaporative families for dual-fuel or mixed-fuel vehicles may not
include vehicles/engines which were originally certified to different
evaporative emissions standards unless evaporative/refueling
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the evaporative/refueling family.
    (8) The vehicle/engine selected for testing must qualify as a
worst-case vehicle/engine under 40 CFR 86.1828-10 or 40 CFR 86.096-
24(b)(2) through (b)(3), as applicable.
    (9) OBD requirements.
    (i) The OBD system must properly detect and identify malfunctions
in all monitored emission-related powertrain systems or components
including any new monitoring capability necessary to identify potential
emission problems associated with the new fuel.
    (ii) Conduct all OBD testing as required for OEM certification.
    (iii) In addition to conducting OBD testing as required for
certification, submit the following statement of compliance, if the OEM
vehicles/engines were required to be OBD equipped. The test group/
engine family converted to an alternative fuel has fully functional OBD
systems and therefore meets the OBD requirements such as those
specified in 40 CFR 86, subparts

A and S when operating on the alternative fuel.
    (10) In lieu of specific certification test data, you may submit
the following attestations for the appropriate statements of
compliance, if you have sufficient basis to prove the statement is
valid.
    (i) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your application for
certification.
    (ii) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
    (iii) The test group/engine family converted to dual fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
so equipped) when operating on the fuel with which the vehicle/engine
was originally certified.
    (iv) The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
    (11) Certification fees apply per 40 CFR 1027.
    (12) A certificate issued under this section is valid starting with
the indicated effective date and expires on December 31 of the
conversion model year for which it is issued. You may apply for a
certificate of conformity for the next conversion model year using the
applicable provisions for carryover certification. Even after the
certificate expires, your exemption from the prohibition on tampering
remains valid for the applicable conversion test group/engine family
and/or evaporative/refueling family, as long as the conditions under
which the certificate was issued remain unchanged, such as small volume
manufacturer or qualified small volume test group/engine family status.
Your exemption from tampering is valid only if the conversion is
installed on the OEM test groups/engine families and/or evaporative
emissions/refueling families listed on the certificate. For example, if
you have received a clean alternative fuel conversion certificate of
conformity in conversion model year 2011 for converting a 2010 model
year OEM test group/evaporative/refueling family, your exemption from
tampering continues to apply for the conversion of the same 2010 model
year OEM test group/evaporative/refueling family as long as the
conditions under which the certificate was issued remain unchanged,
such as small volume manufacturer status.
    (13) Conversion systems must be properly installed and adjusted
such that the vehicle/engine operates consistent with the principles of
good engineering judgment and in accordance with all applicable
regulations.

Sec.  85.515  Exemption provisions for intermediate age vehicles/
engines.

    (a) You are exempted from the tampering prohibition with respect to
intermediate age vehicles/engines if you properly test, document and
notify EPA that the conversion system complies with the emission
standards specified in Sec.  85.525 as described in paragraph (b) of
this section; you meet the labeling requirements in Sec.  85.530 before
you sell, import or otherwise facilitate the use of a clean alternative
fuel conversion system; and you meet the liability, recordkeeping, and
end of year reporting requirements in Sec.  85.535. You may also meet
the requirements under this section by complying with the requirements
in Sec.  85.510.
    (b) Documenting and notifying EPA under this section includes
demonstrating compliance with all the provisions in this section and
providing all notification information to EPA. You may notify us as
described in this section instead of certifying the clean alternative
fuel conversion system. You must demonstrate compliance with all
exhaust and evaporative emissions standards by conducting all exhaust
and evaporative emissions and durability testing as required for OEM
certification subject to the exceptions and special provisions
permitted in Sec.  85.510. This paragraph (b) provides additional
special provisions applicable to intermediate age vehicles/engines.
Paragraph (b) is applicable to all conversion manufacturers unless
otherwise specified.
    (1) Conversion test groups for light-duty and heavy-duty chassis
certified vehicles may be grouped together into an exhaust conversion
test group using the criteria described in Sec.  85.510(b)(1)(i)(A),
except that the same OBD group is not a criterion. Evaporative/
refueling families may be grouped together using the criteria described
in Sec.  85.510(b)(1)(ii).
    (2) Conversion engine families for heavy-duty engines may be
grouped together into an exhaust conversion engine family using the
criteria described in Sec.  85.510(b)(2)(i)(A), except that the same
OBD group is not a criterion. Evaporative/refueling families may be
grouped together using the criteria described in Sec.
85.510(b)(2)(ii).
    (3) Conversion test groups/engine families may include vehicles/
engines that are subject to different OEM emission standards; however,
all vehicles/engines in a single conversion test group/engine family
are subject to the most stringent standards that apply for vehicles/
engines included in the conversion test group/engine family. For
example, if OEM vehicle test groups originally certified to Tier 2, Bin
4 and Bin 5 standards are in the same conversion test group for
purposes of fuel conversion, all the vehicles in the conversion test
group under this subpart are subject to the Tier 2, Bin 4 standards.
This paragraph (b)(3) does not apply to conversions to dual-fuel/mixed-
fuel vehicles/engines, as provided in paragraph (b)(7).
    (4) EPA-established scaled assigned deterioration factors for both
exhaust and evaporative emissions may be used for vehicles/engines with
over 10,000 miles if the criteria for small volume manufacturer or
qualified small volume test groups/engine families are met as defined
in 40 CFR 86.1838-01, 40 CFR 86.098-14, or 40 CFR 86.096-24(e)(2), as
appropriate. This deterioration factor will be adjusted according to
vehicle/engine miles or hours of operation. The deterioration factor is
intended to predict the vehicle/engine's emission level at the end of
the useful life. EPA may adjust these scaled assigned deterioration
factors if we find the rate of deterioration non-constant or if the
rate differs by fuel type.
    (5) As part of the conversion system description required by
paragraph (b)(10)(i) of this section, small volume conversion
manufacturers and qualified small volume test groups/engine families
using EPA assigned deterioration factors must present detailed
information to confirm the durability of all relevant new and existing
components and explain why the conversion system will not harm the
emission control system or degrade the emissions.
    (6) Durability testing is required unless the criteria for small
volume manufacturer or qualified small volume test groups/engine
families are met as defined in 40 CFR 86.1838-01, 40 CFR 86.098-14, or
40 CFR 86.096-24(e)(2), as applicable. Durability procedures for large
volume conversion manufacturers of intermediate age light-duty and
heavy-duty chassis certified vehicles that follow provisions in 40 CFR
86.1820-01 may eliminate precious

metal composition and catalyst grouping statistic when creating clean
alternative fuel conversion durability groupings.
    (7) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines may not include vehicles/engines
subject to different emissions standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group/engine family. However the data generated from
testing on the new fuel for dual-fuel or mixed/fuel test vehicles/
engines may be carried over to vehicles/engines that otherwise meet the
conversion test group/engine family criteria and for which the test
vehicle/engine data demonstrate compliance with the applicable vehicle/
engine standards. Clean alternative fuel conversion evaporative
families for dual-fuel or mixed-fuel vehicles/engines cannot include
vehicles/engines that were originally certified to different
evaporative emissions standards unless evaporative/refueling
demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the evaporative/refueling family.
    (8) You must conduct all exhaust and all evaporative and refueling
emissions testing with a worst-case vehicle/engine to show that the
conversion test group/engine family complies with exhaust and
evaporative/refueling emission standards, based on the certification
procedures such as those specified in 40 CFR part 86, subparts A, B,
and S and 40 CFR part 1065.
    (9) OBD requirements. (i) The OBD system must properly detect and
identify malfunctions in all monitored emission-related powertrain
systems or components including any new monitoring capability necessary
to identify potential emission problems associated with the new fuel.
These include but are not limited to: Fuel trim lean and rich monitors,
catalyst deterioration monitors, engine misfire monitors, oxygen sensor
deterioration monitors, EGR system monitors, if applicable, and vapor
leak monitors, if applicable. No original OBD system monitor that is
still applicable to the vehicle/engine may be aliased, removed,
bypassed, or turned-off. No MILs shall be illuminated after the
conversion. Readiness flags must be properly set for all monitors that
identify any malfunction for all monitored components.
    (ii) Subsequent to the vehicle/engine fuel conversion, you must
clear all OBD codes and reset all OBD monitors to not-ready status
using an OBD scan tool appropriate for the OBD system in the vehicle/
engine in question. You must operate the vehicle/engine with the new
fuel on representative road operation or chassis dynamometer/engine
dynamometer testing cycles to satisfy the monitors' enabling criteria.
When all monitors have reset to a ready status, you must submit an OBD
scan tool report showing that with the vehicle/engine operating in the
key-on/engine-on mode, all supported monitors have reset to a ready
status and no emission related ``pending'' (or potential) or
``confirmed'' (or MIL-on) diagnostic trouble codes (DTCs) have been
set. The MIL must not be commanded ``On'' or be illuminated. A MIL
check must also be conducted in a key-on/engine-off mode to verify that
the MIL is functioning properly. You must include the VIN/EIN number of
the test vehicle/engine. If necessary, the OEM evaporative emission
readiness monitor may remain unset for dedicated gaseous fuel
conversion systems.
    (iii) In addition to conducting OBD testing described in this
paragraph (b)(9), you must submit to EPA the following statement of
compliance, if the OEM vehicles/engines were required to be OBD
equipped. The test group/engine family converted to an alternative fuel
has fully functional OBD systems and therefore meets the OBD
requirements such as those specified in 40 CFR 86, subparts A and S
when operating on the alternative fuel.
    (10) You must notify us by electronic submission in a format
specified by the Administrator with all required documentation. The
following must be submitted:
    (i) You must describe how your conversion system qualifies as a
clean alternative fuel conversion. You must include emission test
results from the required exhaust, evaporative emissions, and OBD
testing, applicable exhaust and evaporative emissions standards and
deterioration factors. You must also include a description of how the
test vehicle/engine selected qualifies as a worst-case vehicle/engine
under 40 CFR 86.1828-10 or 40 CFR 86.096-24(b)(2) through (b)(3) as
applicable.
    (ii) You must describe the group of vehicles/engines (conversion
test group/conversion engine family) that are covered by your
notification based on the criteria specified in paragraph (b)(1) or
(b)(2) of this section.
    (iii) In lieu of specific test data, you may submit the following
attestations for the appropriate statements of compliance, if you have
sufficient basis to prove the statement is valid.
    (A) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your notification.
    (B) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
    (C) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
the OEM vehicles/engines were required to be OBD equipped) when
operating on the fuel for which the vehicle/engine was originally
certified.
    (D) The test group/engine family converted to dual-fuel or mixed-
fuel operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
    (iv) Include any other information as the Administrator may deem
appropriate to establish that the conversion system is for the purpose
of conversion to a clean alternative fuel and meets applicable emission
standards.
    (11) [Reserved]
    (12) Your exemption from the prohibition on tampering remains valid
for the applicable conversion test group/engine family and/or
evaporative/refueling family, as long as the conditions under which you
previously complied remain unchanged, such as small volume manufacturer
or qualified small volume test group/engine family status. Your
exemption from tampering is valid only if the conversion is installed
on the OEM test groups/engine families and/or evaporative emissions/
refueling families listed on the notification. For example, if you have
complied properly with the provisions in this section in calendar year
2011 for converting a model year 2006 OEM test group/evaporative/
refueling family, your exemption from tampering continues to apply for
the conversion of the same model year 2006 OEM test group/evaporative/
refueling family as long as the conditions under which the notification
was submitted remain unchanged.
    (13) Conversion systems must be properly installed and adjusted
such that the vehicle/engine operates consistent with the principles of
good

engineering judgment and in accordance with all applicable regulations.

Sec.  85.520  Exemption provisions for outside useful life vehicles/
engines.

    (a) You are exempted from the tampering prohibition with respect to
outside useful life vehicles/engines if you properly document and
notify EPA that the conversion system satisfies all the provisions in
this section; you meet the labeling requirements in Sec.  85.530 before
you sell, import or otherwise facilitate the use of a clean alternative
fuel conversion system; and you meet the applicable requirements in
Sec.  85.535. You may also meet the requirements under this section by
complying with the provisions in Sec.  85.515.
    (b) Documenting and notifying EPA under this section includes the
following provisions:
    (1) You must notify us as described in this section.
    (2) Conversion test groups, evaporative/refueling families, and
conversion engine families may be the same as those allowed for the
intermediate age vehicle/engine program in Sec.  85.515(b)(1) and (2).
    (3) You must use good engineering judgment to specify, use, and
assemble fuel system components and other hardware and software that
are properly designed and matched for the vehicles/engines in which
they will be installed. Good engineering judgment also dictates that
any testing or data used to satisfy demonstration requirements be
generated at a quality laboratory that follows good laboratory
practices and that is capable of performing official EPA emission
tests.
    (4) OBD requirements. (i) The OBD system must properly detect and
identify malfunctions in all monitored emission-related powertrain
systems or components including any new monitoring capability necessary
to identify potential emission problems associated with the new fuel.
These include but are not limited to: Fuel trim lean and rich monitors,
catalyst deterioration monitors, engine misfire monitors, oxygen sensor
deterioration monitors, EGR system monitors, if applicable, and vapor
leak monitors, if applicable. No original OBD system monitor that is
still applicable to the vehicle/engine may be aliased, removed,
bypassed, or turned-off. No MILs shall be illuminated after the
conversion. Readiness flags must be properly set for all monitors that
identify any malfunction for all monitored components.
    (ii) Subsequent to the vehicle/engine fuel conversion, you must
clear all OBD codes and reset all OBD monitors to not-ready status
using an OBD scan tool appropriate for the OBD system in the vehicle/
engine in question. You must operate the vehicle/engine with the new
fuel on representative road operation or chassis dynamometer/engine
dynamometer testing cycles to satisfy the monitors' enabling criteria.
When all monitors have reset to a ready status, you must submit an OBD
scan tool report showing that with the vehicle/engine operating in the
key-on/engine-on mode, all supported monitors have reset to a ready
status and no emission related ``pending'' (or potential) or
``confirmed'' (or MIL-on) diagnostic trouble codes (DTCs) have been
stored. The MIL must not be commanded ``On'' or be illuminated. A MIL
check must also be conducted in a key-on/engine-off mode to verify that
the MIL is functioning properly. You must include the VIN/EIN number of
the test vehicle/engine. If necessary, the OEM evaporative emission
readiness monitor may remain unset for dedicated gaseous fuel
conversion systems.
    (iii) In addition to conducting OBD testing described in this
paragraph (b)(4), you must submit to EPA the following statement of
compliance, if the OEM vehicles/engines were required to be OBD
equipped. The test group/engine family converted to an alternative fuel
has fully functional OBD systems and therefore meets the OBD
requirements such as those specified in 40 CFR 86, subparts A and S
when operating on the alternative fuel.
    (5) Conversion test groups/engine families for conversions to dual-
fuel or mixed-fuel vehicles/engines may not include vehicles/engines
subject to different emissions standards unless applicable exhaust and
OBD demonstrations are also conducted for the original fuel(s)
demonstrating compliance with the most stringent standard represented
in the test group. However the data generated from testing on the new
fuel for dual-fuel or mixed-fuel test vehicles/engines may be carried
over to vehicles/engines that otherwise meet the conversion test group/
engine family criteria and for which the test vehicle/engine data
demonstrate compliance with the applicable vehicle/engine standards.
Clean alternative fuel conversion evaporative families for dual-fuel or
mixed-fuel vehicles/engines cannot include vehicles/engines that were
originally certified to different evaporative emissions standards.
    (6) You must notify us by electronic submission in a format
specified by the Administrator with all required documentation. The
following must be submitted.
    (i) You must describe how your conversion system complies with the
good engineering judgment criteria in Sec.  85.520(b)(3) and/or other
requirements under this subpart or other applicable subparts such that
the conversion system qualifies as a clean alternative fuel conversion.
The submission must provide a level of technical detail sufficient for
EPA to confirm the conversion system's ability to maintain or improve
on emission levels in a worst case vehicle/engine. The submission of
technical information must include a complete characterization of
exhaust and evaporative emissions control strategies, the fuel delivery
system, durability, and specifications related to OBD system
functionality. You must present detailed information to confirm the
durability of all relevant new and existing components and to explain
why the conversion system will not harm the emission control system or
degrade the emissions. EPA may ask you to supply additional
information, including test data, to support the claim that the
conversion system does not increase emissions and involves good
engineering judgment that is being applied for purposes of conversion
to a clean alternative fuel.
    (ii) You must describe the group of vehicles/engines (conversion
test group/conversion engine family) that is covered by your
notification based on the criteria specified in paragraph (b)(2) of
this section.
    (iii) In lieu of specific test data, you may submit the following
attestations for the appropriate statements of compliance, if you have
sufficient basis to prove the statement is valid.
    (A) The test group/engine family converted to an alternative fuel
has properly exercised the optional and applicable statements of
compliance or waivers in the certification regulations such as those
specified in 40 CFR part 86, subparts A, B, and S and 40 CFR part 1065.
Attest to each statement or waiver in your notification.
    (B) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the OEM fuel system, engine calibration, and
emission control system functionality when operating on the fuel with
which the vehicle/engine was originally certified.
    (C) The test group/engine family converted to dual-fuel or mixed-
fuel operation retains all the functionality of the OEM OBD system (if
the OEM vehicles/engines were required to be OBD equipped) when
operating on the fuel with which the vehicle/engine was originally
certified.
    (D) The test group/engine family converted to dual-fuel or mixed-
fuel

operation properly purges hydrocarbon vapor from the evaporative
emission canister when the vehicle/engine is operating on the
alternative fuel.
    (E) The test group/engine family converted to an alternative fuel
uses fueling systems, evaporative emission control systems, and engine
powertrain components that are compatible with the alternative fuel and
designed with the principles of good engineering judgment.
    (iv) You must include any other information as the Administrator
may deem appropriate, which may include test data, to establish the
conversion system is for the purpose of conversion to a clean
alternative fuel.
    (7) Conversion systems must be properly installed and adjusted such
that the vehicle/engine operates consistent with the principles of good
engineering judgment and in accordance with all applicable regulations.
    (8) EPA may ask for any documentation and/or ask you to conduct
emission testing to demonstrate the conversion is for the purpose of a
clean alternative fuel.

Sec.  85.524  Legacy standards.

    Prior to April 8, 2011, the following emission standards applied
for conversions of vehicles/engines with an original model year of 1992
or earlier:
    (a) Exhaust hydrocarbons. Light-duty vehicles must meet the Tier 0
hydrocarbon standard specified in 40 CFR 86.094-8. Light-duty trucks
must meet the Tier 0 hydrocarbon standard specified in 40 CFR 86.094-9.
Otto-cycle heavy-duty engines must meet the hydrocarbon standard
specified in 40 CFR 86.096-10. Diesel heavy-duty engines must meet the
hydrocarbon standard in 40 CFR 86.096-11.
    (b) CO, NOX and particulate matter. Vehicles/engines
must meet the CO, NOX, and particulate matter emission
standards that applied for the vehicle's/engine's original model year.
If the engine was certified with a Family Emission Limit, as noted on
the emission control information label, the modified engine may not
exceed this Family Emission Limit.
    (c) Evaporative hydrocarbons. Vehicles/engines must meet the
evaporative hydrocarbon emission standards that applied for the
vehicle's/engine's original model year.

Sec.  85.525  Applicable standards.

    To qualify for an exemption from the tampering prohibition,
vehicles/engines that have been converted to operate on a different
fuel must meet emission standards and related requirements as follows:
    (a) The modified vehicle/engine must meet the requirements that
applied for the OEM vehicle/engine, or the most stringent OEM vehicle/
engine standards in any allowable grouping. Fleet average standards do
not apply unless clean alternative fuel conversions are specifically
listed as subject to the standards.
    (1) If the vehicle/engine was certified with a Family Emission
Limit for NOX, NOX+HC, or particulate matter, as
noted on the vehicle/engine emission control information label, the
modified vehicle/engine may not exceed this Family Emission Limit.
    (2) Compliance with light-duty vehicle greenhouse gas emission
standards is demonstrated by complying with the N2O and
CH4 standards and provisions set forth in 40 CFR 86.1818-
12(f)(1) and the in-use CO2 exhaust emission standard set
forth in 40 CFR 86.1818-12(d) as determined by the OEM for the
subconfiguration that is identical to the fuel conversion emission data
vehicle (EDV). If the OEM complied with the light-duty greenhouse gas
standards using the fleet averaging option for nitrous oxide
(N2O) and methane (CH4), as allowed under 40 CFR
86.1818-12(f)(2), the calculations of the carbon-related exhaust
emissions require the input of grams/mile values for N2O and
CH4. Compliance with N2O and CH4
exhaust emission standards may be optionally demonstrated by following
the same procedures set forth in 40 CFR 86.1818-12(f)(2), except that
the carbon-related exhaust emission value determined for the fuel
conversion EDV must comply with the in-use CO2 exhaust
emission standard set forth in 40 CFR 86.1818-12(d) and determined by
the OEM for the subconfiguration that is identical to the fuel
conversion EDV.
    (3) Conversion systems for engines that would have qualified for
chassis certification at the time of OEM certification may use those
procedures, even if the OEM did not. Conversion manufacturers choosing
this option must designate test groups using the appropriate criteria
as described in this subpart and meet all vehicle chassis certification
requirements set forth in 40 CFR part 86, subpart S.
    (b) [Reserved]

Sec.  85.530  Vehicle/engine labels and packaging labels.

    (a) The following labeling requirements apply for clean alternative
fuel conversion manufacturers to qualify for an exemption from the
tampering prohibition:
    (1) You must make a supplemental emission control information label
for each clean alternative fuel conversion system.
    (2) On the supplemental label you must identify the OEM vehicles/
engines for which you authorize the use of your clean alternative fuel
conversion system, consistent with the requirements of this subpart.
You may do this by identifying the OEM test group/engine family names
and original model year to which your conversion is applicable as
described in Sec.  85.510(b)(1) or Sec.  85.510(b)(2), Sec.
85.515(b)(10)(ii), or Sec.  85.520(b)(6)(ii). Your commercial packaging
materials must also clearly describe this information.
    (3) You must include the following on the supplemental label:
    (i) You must state that the vehicle/engine has been equipped with a
clean alternative fuel conversion system designed to allow it to
operate on a fuel other than the fuel it was originally certified to
operate on. Identify the fuel or fuels the vehicle/engine is designed
to use and provide a unique conversion test group/conversion engine
family name and conversion evaporative/refueling emissions family name.
    (ii) You must identify your corporate name, address, and telephone
number.
    (iii) You must include one of the following statements that
describes how you comply under this subpart and any applicable mileage
or age restrictions due to how compliance was demonstrated:
    (A) ``This clean alternative fuel conversion system has been
certified to meet EPA emission standards.''
    (B) ``Testing has shown that this clean alternative fuel conversion
system meets EPA emission standards under the intermediate age vehicle/
engine program.''
    (C) ``This conversion system is for the purpose of use of a clean
alternative fuel in accordance with EPA regulations and is applicable
only to vehicles/engines that are older than 11 years or 120,000
miles.'' (Values must be adjusted to reflect OEM useful life; useful
life in hours should be added, if applicable).
    (iv) State the following: ``This conversion was manufactured and
installed consistent with the principles of good engineering judgment
and all U.S. EPA regulations.''
    (4) On the supplemental label, you must identify any original parts
that will be removed for the conversion and any associated changes in
maintenance specifications.
    (5) On the supplemental label, you must include the date of
conversion and the mileage of the vehicle/engine at the time of
conversion. Include the hours of operation instead of mileage, if
applicable.

    (b) The supplemental emission control information label shall be
placed in a permanent manner adjacent to the vehicle's/engine's
original emission control information label if possible. If it is
impractical to place the supplemental label adjacent to the original
label, it must be placed where it will be seen by a person viewing the
original label on a part that is needed for normal operation and does
not normally need replacement. If the supplemental label information
cannot fit on one label, the information can be logically split among
two labels that are both near the original VECI or engine label.
    (c) All information provided on clean alternative fuel conversion
system packaging must be consistent with the required vehicle/engine
labeling information.
    (d) Examples of all labeling and warranty information must be
provided as part of the application for certification or notification
process.
    (e) The marketing material and label information for a given
conversion system must be consistent with the conversion manufacturer's
demonstration/notification to EPA for that system.

Sec.  85.535  Liability, recordkeeping, and end of year reporting.

    (a) Clean alternative fuel conversion manufacturers are liable for
in-use performance of their conversion systems as outlined in this
part.
    (b) We may conduct or require testing on any vehicles/engines as
allowed under the Clean Air Act. This may involve confirmatory testing,
in-use testing, and/or selective enforcement audits for clean
alternative fuel conversion systems. Dual-fuel vehicles/engines may be
tested when operating on any of the fuels. Mixed-fuel vehicles/engines
may be tested on any fuel blend ratio that is expected to occur during
normal operation.
    (c) Except for an application for certification, your actions to
document compliance and notify us under this subpart are not a request
for our approval. We generally do not give any formal approval short of
issuing a certificate of conformity. However, if we learn that your
actions fall short of full compliance with applicable requirements we
may notify you that you have not met applicable requirements or that we
need more information to make that determination. The exemption from
the tampering prohibition may be void ab initio if the conversion
manufacturer has not satisfied all of the applicable provisions of this
subpart even if a submission to EPA has been made and the conversion
system appears on EPA's publicly available list of compliant systems.
    (d) Clean alternative fuel conversion manufacturers must accept in-
use liability for warranty, are subject to defect reporting
requirements, and may be required to recall any parts or systems for
which the failure can be traced to the conversion, regardless of
whether installation was proper or improper. The OEM shall remain
liable for the performance of any parts or systems which retain their
original function following conversion and are unaffected by the
conversion.
    (e) Clean alternative fuel conversion manufacturers must keep
sufficient records for five years from the date of notification or
certification, or the date of the last conversion installation,
whichever is later, to show that they meet applicable requirements.
    (f) Clean alternative fuel conversion manufacturers must submit an
end of the year sales report to EPA describing the number of clean
alternative fuel conversions by fuel type(s) and vehicle test group/
engine family by January 31 of the following year. The number of
conversions is the sum of the calendar year intermediate age
conversions, outside useful life conversions, and the same conversion
model year certified clean alternative fuel conversions. The number of
conversions will be added to any other vehicle and engine sales
accounted for using 40 CFR 86.1838-01 or 40 CFR 86.098-14 as
appropriate to determine small volume manufacturer or qualified small
volume test group/engine family status.
    (g) Conversion manufacturers who market conversion systems for use
on vehicles/engines other than the test group/engine families and
evaporative/refueling families covered by the compliance demonstration
and notification may be liable for a tampering violation for each
vehicle/engine to which conversion system is misapplied.

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

0
3. The authority citation for 40 CFR part 86 continues to read as
follows:

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

Subpart S--[Amended]

0
4. Section 86.1801-01 is amended by revising paragraph (b) and
paragraphs (c)(4) and (c)(5) to read as follows:

Sec.  86.1801-01  Applicability.

* * * * *
    (b) Clean alternative fuel conversions. The provisions of the
subpart apply to clean alternative fuel conversions as defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
    (c) * * *
    (4) Upon preapproval by the Administrator, a manufacturer may
optionally certify a clean alternative fuel conversion of a complete
heavy-duty vehicle greater than 10,000 pounds Gross Vehicle Weight
Rating and of 14,000 pounds Gross Vehicle Weight Rating or less under
the heavy-duty engine or heavy-duty vehicle provisions of subpart A of
this part. Such preapproval will be granted only upon demonstration
that chassis-based certification would be infeasible or unreasonable
for the manufacturer to perform.
    (5) A manufacturer may optionally certify a clean alternative fuel
conversion of a complete heavy-duty vehicle greater than 10,000 pounds
Gross Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight
Rating or less under the heavy-duty engine or heavy-duty vehicle
provisions of subpart A of this part without advance approval from the
Administrator if the vehicle was originally certified to the heavy-duty
engine or heavy-duty vehicle provisions of subpart A of this part.
* * * * *

0
5. Section 86.1801-12 is amended by revising paragraph (b) and
paragraphs (c)(4) and (c)(5) to read as follows:

Sec.  86.1801-12  Applicability.

* * * * *
    (b) Clean alternative fuel conversions. The provisions of the
subpart apply to clean alternative fuel conversions as defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
    (c) * * *
    (4) Upon preapproval by the Administrator, a manufacturer may
optionally certify a clean alternative fuel conversion of a complete
heavy-duty vehicle greater than 10,000 pounds Gross Vehicle Weight
Rating and of 14,000 pounds Gross Vehicle Weight Rating or less under
the heavy-duty engine or heavy-duty vehicle provisions of subpart A of
this part. Such preapproval will be granted only upon demonstration
that chassis-based certification would be infeasible or unreasonable
for the manufacturer to perform.
    (5) A manufacturer may optionally certify a clean alternative fuel

conversion of a complete heavy-duty vehicle greater than 10,000 pounds
Gross Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight
Rating or less under the heavy-duty engine or heavy-duty vehicle
provisions of subpart A of this part without advance approval from the
Administrator if the vehicle was originally certified to the heavy-duty
engine or heavy-duty vehicle provisions of subpart A of this part.
* * * * *

0
6. Section 86.1810-01 is amended by revising paragraph (p) to read as
follows:

Sec.  86.1810-01  General standards; increase in emissions; unsafe
conditions; waivers.

* * * * *
    (p) For Tier 2 and interim non-Tier 2 vehicles fueled by gasoline,
diesel, natural gas, liquefied petroleum gas, or hydrogen,
manufacturers may measure non-methane hydrocarbons (NMHC) in lieu of
NMOG. Manufacturers must multiply NMHC measurements from gasoline
vehicles by an adjustment factor of 1.04 before comparing with the NMOG
standard to determine compliance with that standard. For vehicles fuel
by natural gas, liquefied petroleum gas, hydrogen manufacturers must
propose an adjustment factor to adjust NMHC results to properly
represent NMOG results. Such factors must be based upon comparative
testing of NMOG and NMHC emissions and be approved in advance by the
Administrator.

0
7. Section 86.1818-12 is amended by revising paragraph (a) to read as
follows:

Sec.  86.1818-12  Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.

    (a) Applicability. This section contains standards and other
regulations applicable to the emission of the air pollutant defined as
the aggregate group of six greenhouse gases: Carbon dioxide, nitrous
oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride. This section applies to 2012 and later model year LDVs,
LDTs and MDPVs, including multi-fuel vehicles, vehicles fueled with
alternative fuels, hybrid electric vehicles, plug-in hybrid electric
vehicles, electric vehicles, and fuel cell vehicles. Unless otherwise
specified, multi-fuel vehicles must comply with all requirements
established for each consumed fuel. The provisions of this section,
except paragraph (c), also apply to clean alternative fuel conversions
as defined in 40 CFR 85.502, of all model year light-duty vehicles,
light-duty trucks, and medium-duty passenger vehicles. Manufacturers
that qualify as a small business according to the requirements of Sec.
86.1801-12(j) are exempt from the emission standards in this section.
Manufacturers that have submitted a declaration for a model year
according to the requirements of Sec.  86.1801-12(k) for which approval
has been granted by the Administrator are conditionally exempt from the
emission standards in paragraphs (c) through (e) of this section for
the approved model year.
* * * * *

0
8. Section 86.1829-01 is amended by revising paragraphs (b)(1)(iii)(E)
and (F), and (b)(2)(i) to read as follows:

Sec.  86.1829-01  Durability and emission testing requirements;
waivers.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (E) In lieu of testing a gasoline, diesel, natural gas, liquefied
petroleum gas, or hydrogen fueled Tier 2 or interim non-Tier 2 vehicle
for formaldehyde emissions when such vehicles are certified based upon
NMHC emissions, a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information.
    (F) In lieu of testing a petroleum-, natural gas-, liquefied
petroleum gas-, or hydrogen-fueled heavy-duty vehicle for formaldehyde
emissions for certification, a manufacturer may provide a statement in
its application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information.
    (2) * * *
    (i) Testing at low altitude. One EDV in each evaporative/refueling
family and evaporative/refueling emission control system combination
must be tested in accordance with the evaporative/refueling test
procedure requirement of subpart B of this part. The configuration of
the EDV will be determined under the provisions of Sec.  86.1828-01.
The EDV must also be tested for exhaust emission compliance using the
FTP and SFTP procedures of subpart B of this part. In lieu of testing
natural gas, liquefied petroleum gas, or hydrogen fueled vehicles to
demonstrate compliance with the evaporative emission standards
specified in Sec.  86.1811-04(e), a manufacturer may provide a
statement in its application for certification that, based on the
manufacturer's engineering evaluation of appropriate testing and/or
design parameters, all light-duty vehicles, light-duty trucks, and
complete heavy-duty vehicles comply with applicable emission standards.
* * * * *

0
9. Section 86.1864-10 is amended by removing and reserving paragraph
(a)(3) to read as follows.

Sec.  86.1864-10  How to comply with the fleet average cold temperature
NMHC standards.

    (a) * * *
    (3) [Reserved]
* * * * *

0
10. Section 86.1865-12 is amended by removing and reserving paragraph
(a)(1)(ii) to read as follows.

Sec.  86.1865-12  How to comply with the fleet average CO2
standards.

    (a) * * *
    (1) * * *
    (ii) [Reserved]
* * * * *
[FR Doc. 2011-7910 Filed 4-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Page 79320]
[FR Doc No: 2015-31966]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-479-000]

Avalon Solar Partners II LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
Avalon Solar Partners II LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 6, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 14, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31966 Filed 12-18-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53475-53476]
[DOCID:fr16se08-100]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

American Environmental Corp.; (n/k/a TrackBets International,
Inc.), BAM! Entertainment, Inc., Entertainment Technologies & Programs,
Inc., Inter Con PC, Inc., Rudy Nutrition, Trans Global Services, Inc.,
XCL Ltd., and ZymeTx, Inc.; Order of Suspension of Trading

September 12, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
American Environmental Corp. (n/k/a TrackBets International, Inc.)
because it has not filed any periodic reports since it filed a Form 10-
SB-12G with the Commission on June 24, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
BAM! Entertainment, Inc. because it has not filed any periodic reports
since the period ended March 31, 2004.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Entertainment Technologies & Programs, Inc. because it has not filed
any periodic reports since the period ended June 30, 2003.
    It appears to the Securities and Exchange Commission that there is
a

lack of current and accurate information concerning the securities of
Inter Con PC, Inc. because it has not filed any periodic reports since
the period ended March 31, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Rudy Nutrition because it has not filed any periodic reports since the
period ended September 30, 2005, except for the periodic report filed
for the period ended March 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Trans Global Services, Inc. because it has not filed any periodic
reports since the period ended December 31, 2002.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
XCL Ltd. because it has not filed any periodic reports since the period
ended September 30, 1999.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ZymeTx, Inc. because it has not filed any periodic reports since the
period ended December 31, 2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on September 12, 2008, through 11:59 p.m. EDT on September 25, 2008.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8-21649 Filed 9-12-08; 11:15 am]

BILLING CODE 8010-01-P