classification, or the family number identifying compliance with
California standards. A continuous stripe or other pattern may be added
to help identify the particular type or grade of fuel line.
    (6) The requirements of this section do not apply to auxiliary
marine engines.
    (b) Certification requirements. Fuel lines subject to the
requirements in this section must be covered by a certificate of
conformity. Fuel line manufacturers or equipment manufacturers may
apply for certification. Certification under this section must be based
on emission data using the appropriate procedures that demonstrate
compliance with the standard, including any of the following:
    (1) Emission data demonstrating compliance with fuel line
permeation requirements for model year 2008 equipment sold in
California. You may satisfy this requirement by presenting an approved
Executive Order from the California Air Resources Board showing that
the fuel lines meet the applicable standards in California. This may
include an Executive Order from the previous model year if a new
certification is pending.
    (2) Emission data demonstrating a level of permeation control that
meets any of the following industry standards:
    (i) R11A specifications in SAE J30 as described in 40 CFR 1060.810.

    (ii) R12 specifications in SAE J30 as described in 40 CFR 1060.810.
    (iii) Category 1 specifications in SAE J2260 as described in 40 CFR
1060.810.
    (iv) Emission data demonstrating compliance with the fuel line
permeation standards in 40 CFR 1051.110.
    (c) Prohibitions. (1) Except as specified in paragraph (c)(2) of
this section, introducing engines or equipment into U.S. commerce
without meeting all the requirements of this section violates Sec.
90.1003(a)(1).
    (2) It is not a violation to introduce your engines into U.S.
commerce if equipment manufacturers add fuel lines when installing your
engines in their equipment. However, you must give equipment
manufacturers any appropriate instructions so that fully assembled
equipment will meet all the requirements in this section, as described
in Sec.  90.128.

0
36. A new Sec.  90.128 is added to subpart B to read as follows:

Sec.  90.128  Installation instructions.

    (a) If you sell an engine for someone else to install in a piece of
nonroad equipment, give the engine installer instructions for
installing it consistent with the requirements of this part. Include
all information necessary to ensure that an engine will be installed in
its certified configuration. In particular, describe the steps needed
to control evaporative emissions, as described in Sec.  90.127. This
may include information related to the delayed requirements for small-
volume equipment manufacturers.
    (b) You do not need installation instructions for engines you
install in your own equipment.
    (c) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available Web site for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation
requirements.
    (d) Equipment manufacturers failing to follow the engine
manufacturer's emission-related installation instructions will be
considered in violation of Sec.  90.1003.

0
37. A new Sec.  90.129 is added to subpart B to read as follows:

Sec.  90.129  Fuel tank permeation from handheld engines and equipment.

    The permeation standards of this section apply to certain new
handheld engines and equipment with respect to fuel tanks. For the
purposes of this section, fuel tanks do not include fuel caps.
    (a) Emission standards and related requirements. (1) New handheld
engines and equipment with a date of manufacture of January 1, 2009 or
later that run on a volatile liquid fuel (such as gasoline) and have
been certified to meet applicable fuel tank permeation standards in
California must meet one of the following emission standards:
    (i) Engines and equipment must use only fuel tanks that meet a
permeation emission standard of 2.0 g/m2/day when measured according to
the applicable test procedure specified by the California Air Resources
Board.
    (ii) Engines and equipment must use only fuel tanks that meet the
fuel tank permeation standards in 40 CFR 1060.103.
    (iii) Engines and equipment must use only fuel tanks that meet
standards that apply for these engines in California for the same model
year. This may involve SHED-based measurements for equipment or testing
with fuel tanks alone. If this involves SHED-based measurements, all
elements of the emission-control system must remain in place for fully
assembled engines and equipment.
    (2) Engine and equipment manufacturers may generate or use emission
credits to show compliance with the requirements of this section under
the averaging program as described in 40 CFR part 1054, subpart H.
    (3) The emission standards in this section apply over a useful life
of two years.
    (4) Equipment must be labeled in a permanent and legible manner
with one of the following approaches:
    (i) By meeting the labeling requirements that apply for equipment
in California.
    (ii) By identifying the certificate holder's corporate name or
trademark, or the fuel tank manufacturer's corporate name or trademark.
Also include the family number identifying compliance with California
standards or state: ``THIS FUEL TANK COMPLIES WITH U.S. EPA
STANDARDS.'' This label may be applied to the fuel tank or it may be
combined with the emission control information label required in Sec.
90.114. If the label information is not on the fuel tank, the label
must include a part identification number that is also permanently
applied to the fuel tank.
    (5) The requirements of this section do not apply to engines or
equipment with structurally integrated nylon fuel tanks (as defined in
40 CFR 1054.801).
    (b) Certification requirements. Fuel tanks subject to the
requirements in this section must be covered by a certificate of
conformity. Fuel tank manufacturers or equipment manufacturers may
apply for certification. Certification under this section must be based
on emission data using the appropriate procedures that demonstrate
compliance with the standard. You may satisfy this requirement by
presenting an approved Executive Order from the California Air
Resources Board showing that the fuel tanks meet the applicable
standards in California. This may include an Executive Order from the
previous model year for cases where new certification based on
carryover of emission data from the previous model year is pending.
    (c) Prohibitions. Introducing equipment into U.S. commerce without
meeting all the requirements of this section violates Sec.
90.1003(a)(1).

Subpart C--[Amended]

0
38. Section 90.201 is revised to read as follows:

Sec.  90.201  Applicability.

    (a) The requirements of this subpart C are applicable to all Phase
2 spark-ignition engines subject to the provisions of subpart A of this
part except as provided in Sec.  90.103(a). These provisions are not
applicable to any Phase 1 engines. Participation in the averaging,
banking and trading program is voluntary, but if a manufacturer elects
to participate, it must do so in compliance with the regulations set
forth in this subpart. The provisions of this subpart are applicable
for HC+NOX (NMHC+NOX) emissions but not for CO
emissions.
    (b) See 40 CFR 1054.740 for special provisions for using emission
credits generated under this part 90 from Phase 2 engines to
demonstrate compliance with engines certified under 40 CFR part 1054.
    (c) To the extent specified in 40 CFR part 60, subpart JJJJ,
stationary engines certified under this part and subject to the
standards of 40 CFR part 60, subpart JJJJ, may participate in the
averaging, banking and trading program described in this subpart.

0
39. Section 90.210 is amended by adding paragraph (i) to read as
follows:

Sec.  90.210  End-of-year and final reports.

* * * * *
    (i) For 2007 and later model years, include in your end-of-year and
final reports an accounting to show a separate balance of emission
credits for handheld and nonhandheld engines. Use your best judgment to
differentiate your current balance of banked credits for

handheld and nonhandheld engines. You may exchange handheld and
nonhandheld credits to demonstrate compliance with the requirements of
this part 90. However, emission credits you generate for banking under
this part 90 will be restricted for engines subject to the requirements
of 40 CFR part 1054.

Subpart E--[Amended]

0
40. Section 90.426 is amended as follows:
0
a. By revising paragraph (b).
0
b. By revising paragraph (c)(1).
0
c. By revising paragraph (d).
0
d. By revising paragraph (i).
0
e. By adding paragraph (j).

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

* * * * *
    (b) The mass flow rate, Wi in g/hr, of an emission for
mode i is determined from the following equation:

[GRAPHIC] [TIFF OMITTED] TR08OC08.081

Where:

QI = Volumetric flow rate [m\3\/HR at stp].
Density = Density of a specific emission (DensityHC, DensityCO,
DensityCO2, Density NOX) [g/m\3\].
DFi = Dilution factor of the dilute exhaust during mode
i.
CDi = Concentration of the emission (HC, CO,
NOX) in dilute exhaust extracted from the CVS during mode
i [ppm].
CBi = Concentration of the emission (HC, CO,
NOX) in the background sample during mode i [ppm].
STP = Standard temperature and pressure. All volumetric calculations
made for the equations in this section are to be corrected to a
standard temperature of 20 [deg]C and a standard pressure of 101.3
kPa.

    (c) * * *
    (1) The value of DensityHC above is calculated based on
the assumption that the fuel used has a hydrogen to carbon ratio of
1:1.85. For other fuels DensityHC can be calculated from the
following formula:
[GRAPHIC] [TIFF OMITTED] TR08OC08.082

Where:

MHC = The molecular weight of the hydrocarbon molecule
divided by the number of carbon atoms in the molecule [g/mole].
RSTP = Ideal gas constant for a gas at STP = 0.024065
[m\3\[middot]mole]
* * * * *
    (d) The dilution factor, DF, is teh ratio of the volumetric flow
rate of the background air to that of the raw engine exhaust. The
following formula is used to determine DF:
[GRAPHIC] [TIFF OMITTED] TR08OC08.083

Where:

CDHC = Concentration of HC in the dilute sample [ppm].
CDCO = Concentration of CO in the dilute sample [ppm].
CDCO2 = Concentration of CO2 in the dilute
sample [ppm].
* * * * *
    (i) The mass of fuel consumed during the mode smpling period,
MFUEL, can be calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR08OC08.084

Where:

GS = Mass of carbon measured during the mode sampling
period [g].
R2 = The fuel carbon weight fraction, which is the mass
of carbon in fuel per mass of fuel [g/g].

    (j) The grams of carbon measured during the mode, GS,
can be calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR08OC08.085

Where:

HCmass = mass of hydrocarbon emissions for the mode
sampling period [grams].
COmass mass of carbon monoxide emissions for the mode
sample period [grams].
CO2mass = mass of carbon dioxide emissions for the mode
sample period [grams].
[alpha] = The atomic hydrogen-to-carbon ratio of the fuel.

Subpart G--[Amended]

0
41. Section 90.601 is amended by adding paragraph (c) to read as
follows:

Sec.  90.601  Applicability.

* * * * *
    (c) Importers must complete the appropirate EPA declaration form
before importing an engine. These forms are available on the Internet
at http://www.epa.gov/OTAQ/imports/ or by phone at<PHONE_NUMBER>.
Importers must keep the forms for five years and make them available
promptly upon request.
0
42. Section 90.615 is revised to read as follows:

Sec.  90.615  Model year restrictions related to imported engines and
equipment.

    The provisions of 40 CFR 1068.360 apply starting January 1, 2009.
These provisions limit the importation of engines or equipment after
new emission standards have started to apply if the engines or
equipment were built before the emission standards took effect.

Subpart K--[Amended]

0
43. Section 90.1003 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  90.1003  Prohibited acts.

* * * * *
    (b) * * *
    (3) The followiong provisions apply for converting nonroad engines
to use alternative fuels.
    (i) Until December 31, 2009, converting an engine to use a clean
alternative fuel (as defined in Title II of the Act) is not considered
a prohibited act under paragraph (a) of this section if the engine
complies with the applicable standard when operating on the alternative
fuel. Also, in the case of engines converted to dual fuel or flexible
use, the action must result in the proper functioning of the nonroad
engine when it operates on conventional fuel.
    (ii) The provisions of 40 CFR 1054.645 apply starting January 1,
2010.
* * * * *

0
44. A new Sec.  90.1007 is added to subpart K to read as follows:

Sec.  90.1007  Bonding requirements related to compliance, enforcement,
and warranty assurance.

    The bonding provisions of 40 CFR 1054.120(f)(4) and 1054.690 apply
for all 2010 and later model year engines starting January 1, 2010.
These provisions include measures to ensure that certifying
manufacturers are able to cover any potential compliance or enforcement
actions under the Clean Air Act and to meet their warranty obligations.

Subpart L--[Amended]

0
45. Section 90.1103 is amended by adding paragraph (e) to read as
follows:

Sec.  90.1103  Emission warranty, warranty period.

* * * * *

[[Continued on page 59183]]

]

[[pp. 59183-59232]] Control of Emissions From Nonroad Spark-Ignition Engines and
Equipment

[[Continued from page 59182]]

    (e) Starting with the 2010 model year, you must meet the conditions
specified in 40 CFR 1054.120(f) to ensure that owners will be able to
promptly obtain warranty repairs.
    Describe in your application for certification how you will meet
these conditions.

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

0
46. The authority citation for part 91 continues to read as follows:

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

Subpart A--[Amended]

0
47. Section 91.1 is amended by adding paragraph (d) to read as follows:

Sec.  91.1  Applicability.

* * * * *
    (d) This part does not apply to engines that are subject to
emission standards under 40 CFR part 1045. See 40 CFR 1045.1 to
determine when that part 1045 applies. Note that certain requirements
and prohibitions apply to engines built on or after January 1, 2010 if
they are installed in equipment that will be used solely for
competition, as described in 40 CFR 1045.1 and 40 CFR 1068.1; those
provisions apply instead of the provisions of this part 91.

Subpart B--[Amended]

0
48. Section 91.101 is revised to read as follows:

Sec.  91.101  Applicability.

    (a) The requirements of this subpart B are applicable to all
engines subject to the provisions of subpart A of this part.
    (b) In a given model year, you may ask us to approve the use of
procedures for certification, labeling, reporting and recordkeeping, or
other administrative requirements specified in 40 CFR part 1045 or 1068
instead of the comparable procedures specified in this part 91. We may
approve the request as long as it does not prevent us from ensuring
that you fully comply with the intent of this part.

0
49. Section 91.107 is amended by adding paragraph (d)(12) to read as
follows:

Sec.  91.107  Application for certification.

* * * * *
    (d) * * *
    (12) Identification of an agent for service located in the United
States. Service on this agent constitutes service on you or any of your
officers or employees for any action by EPA or otherwise by the United
States related to the requirements of this part.
* * * * *
0
50. Section 91.119 is amended by adding paragraph (b)(3) to read as
follows:

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

* * * * *
    (b) * * *
    (3) A manufacturer may elect to use the test procedures in 40 CFR
part 1065 as an alternate test procedure without getting advance
approval by the Administrator or meeting the other conditions of
paragraph (b)(1) of this section. The manufacturer must identify in its
application for certification that the engines were tested using the
procedures in 40 CFR part 1065. For any EPA testing with engines
subject to standards under this part, EPA will use the manufacturer's
selected procedures for mapping engines, generating duty cycles, and
applying cycle-validation criteria. For any other parameters, EPA may
conduct testing using either of the specified procedures.
* * * * *

Subpart H--[Amended]

Sec.  91.707  [Removed]

0
51. Section 91.707 is removed.

Subpart K--[Amended]

0
52. A new Sec.  91.1013 is added to subpart K to read as follows:

Sec.  91.1013  Exemption for certified Small SI engines.

    The provisions of 40 CFR 1045.605 and 1045.610 apply for engines
subject to the standards of this part 91. This generally allows
manufacturers to use marine engines that have been certified to
emission standards for nonroad spark-ignition engines below 19 kW
without recertifying those engines under this part 91.

Subpart L--[Amended]

0
53. Section 91.1103 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  91.1103  Prohibited acts.

* * * * *
    (b) * * *
    (3) The following provisions apply for converting marine SI engines
to use alternative fuels:
    (i) Until December 31, 2009, converting an engine to use a clean
alternative fuel (as defined in Title II of the Act) is not considered
a prohibited act under paragraph (a) of this section if the engine
complies with the applicable standard when operating on the alternative
fuel. Also, in the case of engines converted to dual fuel or flexible
use, the action must result in the proper functioning of the engine
when it operates on conventional fuel.
    (ii) The provisions of 40 CFR 1045.645 apply starting January 1,
2010.
* * * * *

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

0
54. The authority citation for part 92 continues to read as follows:

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

Subpart A--[Amended]

0
55. Section 92.9 is amended by revising paragraph (b)(1)(ii) to read as
follows:

Sec.  92.9  Compliance with emission standards.

* * * * *
    (b) * * *
    (1) * * *
    (ii) The emission values to compare with the standards shall be the
emission values of a low mileage locomotive, or development engine, or
low hour locomotive engine, adjusted by the deterioration factors
developed in accordance with the provisions of paragraph (b)(2) of this
section. Before any emission value is compared with the standard, it
shall be rounded, in accordance with ASTM E 29-93a (incorporated by
reference at Sec.  92.5), to the same number of decimal places as
contained in the applicable standard.
* * * * *

Subpart D--[Amended]

0
56. Section 92.304 is amended by revising paragraph (n)(1) to read as
follows:

Sec.  92.304  Compliance requirements.

* * * * *
    (n) * * *
    (1) All locomotives that are certified to an FEL that is different
from the emission standard that would otherwise apply to the locomotive
or locomotive engine are required to comply with that FEL for the
remainder of their service lives, except as allowed by Sec.
92.8(a)(4)(iii) and this subpart.
* * * * *

Subpart I--[Amended]

Sec.  92.806  [Removed]

0
57. Section 92.806 is removed.

PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION
ENGINES

0
58. The authority citation for part 94 continues to read as follows:

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

Subpart C--[Amended]

0
59. Section 94.201 is revised to read as follows:

Sec.  94.201  Applicability.

    (a) The requirements of this subpart are applicable to
manufacturers of engines subject to the standards of subpart A of this
part.
    (b) In a given model year, you may ask us to approve the use of
procedures for certification, labeling, reporting and recordkeeping, or
other administrative requirements specified in 40 CFR part 1042 or 1068
instead of the comparable procedures specified in this part 94. We may
approve the request as long as it does not prevent us from ensuring
that you fully comply with the intent of this part.

Subpart I--[Amended]

Sec.  94.806  [Removed]

0
60. Section 94.806 is removed.

0
61. A new part 1027 is added to subchapter U of chapter I to read as
follows:

PART 1027--FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE
PROGRAMS

Sec.
1027.101 To whom do these requirements apply?
1027.105 How much are the fees?
1027.110 What special provisions apply for certification related to
motor vehicles?
1027.115 What special provisions apply for certification related to
nonroad and stationary engines?
1027.120 Can I qualify for reduced fees?
1027.125 Can I get a refund?
1027.130 How do I make a fee payment?
1027.135 What provisions apply to a deficient filing?
1027.140 What reporting and recordkeeping requirements apply under
this part?
1027.150 What definitions apply to this subpart?
1027.155 What abbreviations apply to this subpart?

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

Sec.  1027.101  To whom do these requirements apply?

    (a) This part prescribes fees manufacturers must pay for activities
related to EPA's engine, vehicle, and equipment compliance program
(EVECP). This includes activities related to approving certificates of
conformity and performing tests and taking other steps to verify
compliance with emission standards. You must pay fees as described in
this part if you are a manufacturer of any of the following products:
    (1) Motor vehicles and motor vehicle engines we regulate under 40
CFR part 86. This includes light-duty vehicles, light-duty trucks,
medium-duty passenger vehicles, highway motorcycles, and heavy-duty
highway engines and vehicles.
    (2) The following nonroad engines and equipment:
    (i) Locomotives and locomotive engines we regulate under 40 CFR
part 92 or 1033.
    (ii) Nonroad compression-ignition engines we regulate under 40 CFR
part 89 or 1039.
    (iii) Marine compression-ignition engines we regulate under 40 CFR
part 94 or 1042.
    (iv) Marine spark-ignition engines and vessels we regulate under 40
CFR part 91, 1045, or 1060. We refer to these as Marine SI engines.
    (v) Nonroad spark-ignition engines above 19 kW we regulate under 40
CFR part 1048. We refer to these as Large SI engines.
    (vi) Recreational vehicles we regulate under 40 CFR part 1051.
    (vii) Nonroad spark-ignition engines and equipment at or below 19
kW we regulate under 40 CFR part 90, 1054, or 1060. We refer to these
as Small SI engines.
    (3) The following stationary internal combustion engines:
    (i) Stationary compression-ignition engines we certify under 40 CFR
part 60, subpart IIII.
    (ii) Stationary spark-ignition engines we certify under 40 CFR part
60, subpart JJJJ.
    (b) This part applies to applications for certification that we
receive on or after December 8, 2008. Earlier applications are subject
to the provisions of 40 CFR part 85, subpart Y, as that provision read
before December 8, 2008.
    (c) Nothing in this part limits our authority to conduct testing or
to require you to conduct testing as provided in the Act, including our
authority to require you to conduct in-use testing under section 208 of
the Act (42 U.S.C. 7542).
    (d) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines and vehicles. This part 1027 refers to each of these
other parts generically as the ``standard-setting part.'' For example,
40 CFR part 1051 is always the standard-setting part for recreational
vehicles. For some nonroad engines, we allow for certification related
to evaporative emissions separate from exhaust emissions. In this case,
40 CFR part 1060 is the standard-setting part for the equipment or fuel
system components you produce.

Sec.  1027.105  How much are the fees?

    (a) Fees are determined based on the date we receive a complete
application for certification. Each reference to a year in this subpart
refers to the calendar year, unless otherwise specified. Paragraph (b)
of this section specifies baseline fees, which applied for certificates
received in 2005. For engine and vehicles not yet subject to standards
in 2005, these values represent the fees that apply initially based on
available information to characterize what the fees would have been in
2005. See paragraph (c) of this section for provisions describing how
we calculate fees for future years.
    (b) The following baseline fees for each application for
certification:
    (1) Except as specified in paragraph (b)(2) of this section for
Independent Commercial Importers, the following fees apply for motor
vehicles and motor vehicle engines:

------------------------------------------------------------------------
             Category                 Certificate type          Fee
------------------------------------------------------------------------
(i) Light-duty vehicles and trucks  Federal.............         $33,883
(ii) Light-duty vehicles and        California-only.....          16,944
 trucks.
(iii) Medium-duty passenger         Federal.............          33,883
 vehicles.
(iv) Medium-duty passenger          California-only.....          16,944
 vehicles.
(v) Highway motorcycle............  All.................           2,414
(vi) Heavy-duty highway engine....  Federal.............          21,578
(vii) Heavy-duty highway engine...  California-only.....             826
(viii) Complete heavy-duty highway  Federal.............          33,883
 vehicles.
(ix) Complete heavy-duty highway    California-only.....          16,944
 vehicles.

(x) Heavy-duty vehicle............  Evap................             826
------------------------------------------------------------------------

    (2) A fee of $8,387 applies for Independent Commercial Importers
with respect to the following motor vehicles:
    (i) Light-duty vehicles and light-duty trucks.
    (ii) Medium-duty passenger vehicles.
    (iii) Complete heavy-duty highway vehicles.
    (3) The following fees apply for nonroad and stationary engines,
vehicles, equipment, and components:

------------------------------------------------------------------------
             Category                 Certificate type          Fee
------------------------------------------------------------------------
(i) Locomotives and locomotive      All.................            $826
 engines.
(ii) Marine compression-ignition    All, including Annex             826
 engines and stationary              VI.
 compression-ignition engines with
 per-cylinder displacement at or
 above 10 liters.
(iii) Other nonroad compression-    All.................           1,822
 ignition engines and stationary
 compression-ignition engines with
 per-cylinder displacement below
 10 liters.
(iv) Large SI engines.............  All.................             826
(v) Stationary spark-ignition       All.................             826
 engines above 19 kW.
(vi) Marine SI engines and Small    Exhaust only........             826
 SI engines.
(vii) Stationary spark-ignition     Exhaust only........             826
 engines at or below 19 kW.
(viii) Recreational vehicles......  Exhaust (or combined             826
                                     exhaust and evap).
(ix) Equipment and fuel system      Evap (where separate             241
 components associated with          certification is
 nonroad and stationary spark-       required).
 ignition engines.
------------------------------------------------------------------------

    (c) We will calculate adjusted fees for later years based on
changes in the Consumer Price Index and the number of certificates. We
will announce adjusted fees for a given year by January 31 of the
preceding year.
    (1) We will adjust the values specified in paragraph (b) of this
section for later years as follows:
    (i) Use the fee identified in Sec.  1027.105(b)(3) through 2014 for
certification related to evaporative emissions from nonroad and
stationary engines when a separate fee applies for certification to
evaporative emission standards. Use the following equation starting
with 2015:
[GRAPHIC] [TIFF OMITTED] TR08OC08.086

Where:

Certificate FeeCY = Fee per certificate for a given year.
Op = operating costs are all of EPA's nonlabor costs for each
category's compliance program, including any fixed costs associated
with EPA's testing laboratory, as described in paragraph (d)(1) of
this section.
L = the labor costs, to be adjusted by the Consumer Price Index, as
described in paragraph (d)(1) of this section.
CPICY-2 = the Consumer Price Index for the month of
November two years before the applicable calendar year, as described
in paragraph (d)(2) of this section.
CPI2006 = 201.8. This is based on the October 2006 value
of the Consumer Price Index.
OH = 1.169. This is based on EPA overhead, which is applied to all
costs.
certMY-2 = the total number of certificates
issued for a fee category in the model year two years before the
calendar year for the applicable fees as described in paragraph
(d)(3) of this section.
certMY-3 = the total number of certificates
issued for a fee category in the model year three years before the
calendar year for the applicable fees as described in paragraph
(d)(3) of this section.

    (ii) Use the following equation for all other certificates for 2006
and later:
[GRAPHIC] [TIFF OMITTED] TR08OC08.087

Where:

CPI2002 = 180.9. This is based on the December 2002 value
of the Consumer Price Index as described in paragraph (d)(2) of this
section.

    (2) The fee for any year will remain at the previous year's amount
until the value calculated in paragraph (c)(1) of this section differs
by at least $50 from the amount specified for the previous year.
    (d) Except as specified in Sec.  1027.110(a) for motor vehicles and
motor vehicle engines, we will use the following values to determine
adjusted fees using the equation in paragraph (c) of this section:
    (1) The following values apply for operating costs and labor costs:

------------------------------------------------------------------------
       Engine or Vehicle Category               Op               L
------------------------------------------------------------------------
(i) Light-duty, medium-duty passenger,        $3,322,039      $2,548,110
 and complete heavy-duty highway vehicle
 certification..........................

(ii) Light-duty, medium-duty passenger,        2,858,223       2,184,331
 and complete heavy-duty highway vehicle
 in-use testing.........................
(iii) Independent Commercial Importers           344,824         264,980
 identified in Sec.   1027.105(b)(2)....
(iv) Highway motorcycles................         225,726         172,829
(v) Heavy-duty highway engines..........       1,106,224       1,625,680
(vi) Nonroad compression-ignition                486,401         545,160
 engines that are not locomotive or
 marine engines, and stationary
 compression-ignition engines with per-
 cylinder displacement below 10 liters..
(vii) Evaporative certificates related             5,039         236,670
 to nonroad and stationary engines......
(viii) All other........................         177,425         548,081
------------------------------------------------------------------------

    (2) The applicable Consumer Price Index is based on the values
published by the Bureau of Labor Statistics for all U.S. cities using
the ``U.S. city average'' area, ``all items,'' and ``not seasonally
adjusted'' numbers (see ftp://ftp.bls.gov/pub/special.requests/cpi/
cpiai.txt). For example, we calculated the 2006 fees using the Consumer
Price Index for November 2004, which is 191.0.
    (3) Fee categories for counting the number of certificates issued
are based on the grouping shown in paragraph (d)(1) of this section.
    (e) The following example for calculating the 2006 complete federal
heavy duty highway vehicle fee illustrates the fee adjustment:

    Op = $1,106,224
    L = $1,625,680
    CPI2002 = 180.9
    CPI2004 = 191.0
    cert 2004 = 131
    cert2003 = 95
    Fee06 = [$1,106,224 + $1,625,680 . (191.0/180.9)] .
1.169/[(131+95) . 0.5] = $29,200.88
    Assessed Fee = $29,201

Sec.  1027.110  What special provisions apply for certification related
to motor vehicles?

    (a) We will adjust fees for 2006 and later years for light-duty,
medium-duty passenger, and complete heavy-duty highway vehicles as
follows:
    (1) California-only certificates. Calculate adjusted fees for
California-only certificates by applying the light-duty, medium-duty
passenger, and complete heavy-duty highway vehicle certification Op and
L values to the equation in Sec.  1027.105(c). The total number of
certificates issued will be the total number of California-only and
federal light-duty, medium-duty passenger, and complete heavy-duty
highway vehicle certificates issued during the appropriate model years.
    (2) Federal certificates. Calculate adjusted fees for federal
certificates with the following three steps:
    (i) Apply the light-duty, medium-duty passenger, and complete
heavy-duty highway vehicle certification Op and L values to the
equation in Sec.  1027.105(c) to determine the certification portion of
the light-duty fee. The total number of certificates issued will be the
total number of California-only and federal light-duty, medium-duty
passenger and complete heavy-duty highway vehicle certificates issued
during the appropriate model years.
    (ii) Apply the light-duty, medium-duty passenger, and complete
heavy-duty highway vehicle in-use testing Op and L values to the
equation in Sec.  1027.105(c) to determine the in-use testing portion
of the fee. The total number of certificates issued will be the total
number of federal light-duty, medium-duty passenger, and complete
heavy-duty highway vehicle certificates issued during the appropriate
model years.
    (iii) Add the certification and in-use testing portions determined
in paragraphs (a)(2)(i) and (ii) of this section to determine the total
light-duty, medium-duty passenger, and complete heavy-duty highway
vehicle fee for each federal certificate.
    (b) For light-duty vehicles, light-duty trucks, medium-duty
passenger vehicles, highway motorcycles, and complete heavy-duty
highway vehicles subject to exhaust emission standards, the number of
certificates issued as specified in Sec.  1027.105(d)(3) is based only
on engine families with respect to exhaust emissions. A separate fee
applies for each evaporative family for heavy-duty engines.
    (c) If you manufacture a heavy-duty vehicle that another company
has certified as an incomplete vehicle such that you exceed the maximum
fuel tank size specified by the original manufacturer in the applicable
certificate of conformity, you must submit a new application for
certification and certification fee for the vehicle.

Sec.  1027.115  What special provisions apply for certification related
to nonroad and stationary engines?

    (a) For spark-ignition engines above 19 kW that we regulate under
40 CFR part 1048 and for all compression-ignition engines, the
applicable fee is based only on engine families with respect to exhaust
emissions.
    (b) For manufacturers certifying recreational vehicles with respect
to both exhaust and evaporative emission standards, fees are determined
using one of the following approaches:
    (1) If your engine family includes demonstration of compliance with
both exhaust and evaporative emission standards, the applicable fee is
based on certification related to the combined family. No separate fee
applies for certification with respect to evaporative emission
standards. These are all considered engine families complying with
exhaust emissions for determining the number of certificates for
calculating fees for later years.
    (2) If you have separate families for demonstrating compliance with
exhaust and evaporative emission standards, a separate fee from the
appropriate fee category applies for each unique family. Also, the
number of certificates issued as specified in Sec.  1027.105(d)(3) is
based on a separate count of emission families for exhaust and
evaporative emissions for each respective fee category.
    (c) For manufacturers certifying other spark-ignition engines or
equipment with respect to exhaust and evaporative emission standards, a
separate fee from the appropriate fee category applies for each unique
family. A single engine or piece of equipment may involve separate
emission families and certification fees for exhaust and evaporative
emissions. Also, the number of certificates issued as specified in
Sec.  1027.105(d)(3) is based on a separate count of emission families
for exhaust and evaporative emissions for each respective fee category.
    (d) For any certification related to evaporative emissions from
engines, equipment, or components not covered by paragraph (a) through
(c) of this section, the fee applies for each certified product
independent of certification for exhaust emissions, as illustrated in
the following examples:
    (1) A fuel tank certified to meet permeation and diurnal emission
standards would count as a single family for assessing the
certification fee and for calculating fee amounts for future years.
    (2) If an equipment manufacturer applies for certification to
generate or use emission credits for fuel tanks and

fuel lines, each affected fuel-tank and fuel-line family would count as
a single family for assessing the certification fee and for calculating
fee amounts for future years. This fee applies whether or not the
equipment manufacturer is applying for certification to demonstrate
compliance with another emission standard, such as running losses.
    (e) If you certify fuel system components under 40 CFR part 1060, a
single fee applies for each emission family even if those components
are used with different types of nonroad or stationary engines.
    (f) If your application for certification relates to emission
standards that apply only in California, you must pay the same fee
identified for meeting EPA standards.
    (g) For marine compression-ignition engines, if you apply for a
federal certificate and an Annex VI certificate for the same engine
family, a single fee applies for the engine family (see 40 CFR parts 94
and 1042).
    (h) If you produce engines for multiple categories in a single
engine family, a single fee applies for the engine family. For example,
40 CFR 60.4210 allows you to produce stationary and nonroad
compression-ignition engines in a single engine family. If the
certification fee for the different types of engines is different, the
fee that applies for these engines is based on the emission standards
to which you certify the engine family. For example, if you certify
marine diesel engines to the standards that apply to land-based nonroad
diesel engines under 40 CFR 94.912, the certification fee is based on
the rate that applies for land-based nonroad diesel engines.

Sec.  1027.120  Can I qualify for reduced fees?

    (a) Eligibility requirements. Both of the following conditions must
be met before you are eligible for a reduced fee:
    (1) The certificate is to be used for sale of vehicles or engines
within the United States.
    (2) The full fee for an application for certification for a model
year exceeds 1.0% of the aggregate projected retail sales price of all
vehicles or engines covered by the certificate.
    (b) Initial reduced fee calculation. (1) If the conditions of
paragraph (a) of this section are met, the initial fee paid must be
$750 or 1.0% of the aggregate projected retail sales price of all the
vehicles or engines to be covered by the certificate, whichever is
greater.
    (2) For vehicles or engines that are converted to operate on an
alternative fuel using as the basis for the conversion a vehicle or
engine that is covered by an existing certificate of conformity, the
cost basis used in this section must be the aggregate projected retail
value-added to the vehicle or engine by the conversion rather than the
full cost of the vehicle or engine. For this provision to apply, the
existing certificate must cover the same sales area and model year as
the requested certificate for the converted vehicle or engine.
    (3) For remanufacturing systems, the cost basis used in this
section must be the aggregate projected retail cost of a complete
remanufacture, including the cost of the replacement components,
software, and assembly.
    (4) For ICI certification applications, the cost basis of this
section must be the aggregate projected retail cost of the entire
vehicle(s) or engine(s), not just the value added by the conversion. If
the vehicles/engines covered by an ICI certificate are not being
offered for sale, the manufacturer shall use the fair retail market
value of the vehicles/engines as the retail sale price required in this
section. For an ICI application for certification, the retail sales
price (or fair retail market value) must be based on the applicable
National Automobile Dealer's Association (NADA) appraisal guide and/or
other evidence of the actual market value.
    (5) The aggregate cost used in this section must be based on the
total projected sales of all vehicles and engines under a certificate,
including vehicles and engines modified under the modification and test
option in 40 CFR 85.1509 and 89.609. The projection of the number of
vehicles or engines to be covered by the certificate and their
projected retail selling price must be based on the latest information
available at the time of the fee payment.
    (6) You may submit a reduced fee as described in this section if it
is accompanied by a calculation of the fee based on the number of
vehicles covered and the projected aggregate retail sales price as
specified on the fee filing form. Your reduced fee calculation shall be
deemed approved unless we determine that the criteria of this section
have not been met. We may make such a determination either before or
after issuing a certificate of conformity. If we determine that the
requirements of this section have not been met, we may deny future
reduced fee applications and require submission of the full fee payment
until you demonstrate to our satisfaction that your reduced fee
submissions are based on accurate data and that final fee payments are
made within 45 days of the end of the model year.
    (7) If we deny your request for a reduced fee, you must send us the
appropriate fee within 30 days after we notify you.
    (c) Revision of the number of vehicles or engines covered by the
certificate. (1) You must take both of the following steps if the
number of vehicles or engines to be produced or imported under the
certificate exceeds the number indicated on the certificate (including
a certificate under which modification and test vehicles are imported
under 40 CFR 85.1509 and 89.609):
    (i) Request that we revise the certificate with a number that
indicates the new projection of the vehicles or engines to be covered
by the certificate. We must issue the revised certificate before the
additional number of vehicles or engines may be sold or finally
imported into the United States.
    (ii) Submit payment of 1.0% of the aggregate projected retail sales
price of all the additional vehicles or engines.
    (2) You must receive a revised certificate before the sale or final
importation of any vehicles or engines, including modification and test
vehicles, that are not originally included in the certificate issued
under paragraph (b) of this section, or as indicated in a revised
certificate issued under paragraph (c)(1) of this section. Such
vehicles that are sold or imported before we issue a revised
certificate are deemed to be not covered by a certificate of
conformity.
    (d) Final reduced fee calculation and adjustment. (1) If the
initial fee payment is less than the final reduced fee, you must pay
the difference between the initial reduced fee and the final reduced
fee using the provisions of Sec.  1027.130. Calculate the final reduced
fee using the procedures of paragraph (c) of this section but using
actual production figures rather than projections and actual retail
sales value rather than projected retail sales value.
    (2) You must pay the difference between the initial reduced fee and
the final reduced fee within 45 days of the end of the model year. The
total fees paid for a certificate may not exceed the applicable full
fee specified in Sec.  1027.105. We may void the applicable certificate
if you fail to make a complete payment within the specified period. We
may also refuse to grant reduced fee requests submitted under paragraph
(b)(5) of this section.
    (3) If the initial fee payment exceeds the final reduced fee, you
may request a refund using the procedures of Sec.  1027.125.
    (e) Records retention. You are subject to the applicable
requirements to maintain records under this chapter. If you fail to
maintain required records or

provide them to us, we may void the certificate associated with such
records. You must also record the basis you used to calculate the
projected sales and fair retail market value and the actual sales and
retail price for the vehicles and engines covered by each certificate
issued under this section. You must keep this information for at least
three years after we issue the certificate and provide it to us within
30 days of our request.

Sec.  1027.125  Can I get a refund?

    (a) We will refund the total fee imposed under this part if you ask
for a refund after failing to get a certificate for any reason.
    (b) If your actual sales or the actual retail prices in a given
year are less than you projected for calculating a reduced fee under
Sec.  1027.120, we will refund the appropriate portion of the fee. We
will also refund a portion of the initial payment if it exceeds the
final fee for the engines, vehicles, or equipment covered by the
certificate application.
    (1) You are eligible for a partial refund related only to a
certificate used for the sale of engines, vehicles, or equipment under
that certificate in the United States.
    (2) Include all the following in your request for a partial refund
of reduced fee payments:
    (i) State that you sold engines, vehicles, or equipment under the
applicable certificate in the United States.
    (ii) Identify the number of engines, vehicles, or equipment you
produced or imported under the certificate, and whether the engines,
vehicles, or equipment have been sold.
    (iii) Identify the reduced fee that you paid under the applicable
certificate.
    (iv) Identify the actual retail sales price for the engines,
vehicles, or equipment produced or imported under the certificate.
    (v) Calculate the final value of the reduced fee using actual
production figures and retail prices.
    (vi) Calculate the refund amount.
    (c) We will approve your request to correct errors in the amount of
the fee.
    (d) All refunds must be applied for within six months after the end
of the model year.
    (e) Send refund and correction requests to the Fee Program
Specialist, U.S. Environmental Protection Agency, Vehicle Programs and
Compliance Division, 2000 Traverwood Dr., Ann Arbor, MI 48105, online
at www.Pay.gov, or as specified in guidance by the Administrator.
    (f) You may request to have refund amounts applied to the amount
due on another application for certification.

Sec.  1027.130  How do I make a fee payment?

    (a) Pay fees to the order of the Environmental Protection Agency in
U.S. dollars using any of the following methods: money order, bank
draft, certified check, corporate check, electronic funds transfer, any
method available for payment online at www.Pay.gov., or as specified in
EPA guidance.
    (b) Send a completed fee filing form to the address designated on
the form for each fee payment or electronically at www.Pay.gov., or as
provided in EPA guidance. These forms are available on the Internet at
http://www.epa.gov/otaq/guidance.htm.
    (c) You must pay the fee amount due before we will start to process
an application for certification.
    (d) If we deny a reduced fee, you must pay the proper fee within 30
days after we notify you of our decision.

Sec.  1027.135  What provisions apply to a deficient filing?

    (a) Any filing under this part is deficient if it is not
accompanied by a completed fee filing form and full payment of the
appropriate fee.
    (b) A deficient filing will be rejected unless the completed form
and full payment are submitted within a time limit we specify. We will
not process an application for certification if the associated filing
is deficient.

Sec.  1027.140  What reporting and recordkeeping requirements apply
under this part?

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
engines, vehicles, and equipment regulated under this part:
    (a) Filling out fee filing forms under Sec.  1027.130.
    (b) Retaining fee records, including reduced fee documentation,
under Sec.  1027.120.
    (c) Requesting refunds under Sec.  1027.125.

Sec.  1027.150  What definitions apply to this subpart?

    The definitions in this section apply to this part. As used in this
part, all undefined terms have the meaning the Act or the standard-
setting part gives to them. The definitions follow:
    Annex VI means MARPOL Annex VI, which is an annex to the
International Convention on the Prevention of Pollution from Ships,
1973, as modified by the protocol of 1978 relating thereto. This is an
international treaty regulating disposal of waste products from marine
vessels.
    Application for Certification means a manufacturer's submission of
an application for certification.
    California-only certificate is a certificate of conformity issued
by EPA showing compliance with emission standards established by
California.
    Federal certificate is a certificate of conformity issued by EPA
showing compliance with EPA emission standards specified in one of the
standard-setting parts specified in Sec.  1027.101(a).
    Light-duty means relating to light-duty vehicles and light-duty
trucks.
    Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures an engine,
vehicle, vessel, or piece of equipment for sale in the United States or
otherwise introduces a new engine, vehicle, vessel, or piece of
equipment into commerce in the United States. This includes importers
who import such products for resale, but not dealers.
    Total number of certificates issued means the number of
certificates for which fees have been paid. This term is not intended
to represent multiple certificates that are issued within a single
family or test group.
    Void has the meaning given in 40 CFR 1068.30.
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.

Sec.  1027.155  What abbreviations apply to this subpart?

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

CFR..............................  Code of Federal Regulations.
EPA..............................  U.S. Environmental Protection Agency.
Evap.............................  Evaporative Emissions.
EVECP............................  Engine, vehicle, and equipment
                                    compliance program.
ICI..............................  Independent Commercial Importer.
U.S..............................  United States.

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

0
62. The authority citation for part 1033 continues to read as follows:

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

Subpart B--[Amended]

0
63. Section 1033.101 is amended by revising paragraph (b) to read as
follows:

Sec.  1033.101  Exhaust emission standards.

* * * * *
    (b) Emission standards for switch locomotives. Exhaust emissions
from

your new locomotives may not exceed the applicable emission standards
in Table 2 to this section during the useful life of the locomotive.
(Note: Sec.  1033.901 defines locomotives to be ``new'' when originally
manufactured and when remanufactured.) Measure emissions using the
applicable test procedures described in subpart F of this part.

                        Table 2 to Sec.   1033.101--Switch Locomotive Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                                             Standards (g/bhp-hr)
    Year of original manufacture         Tier of standards   ---------------------------------------------------
                                                                  NOX           PM           HC           CO
----------------------------------------------------------------------------------------------------------------
1973-2001...........................  Tier 0................         11.8         0.26         2.10          8.0
2002-2004...........................  Tier 1 a..............         11.0         0.26         1.20          2.5
2005-2010...........................  Tier 2 a..............          8.1       b 0.13         0.60          2.4
2011-2014...........................  Tier 3................          5.0         0.10         0.60          2.4
2015 or later.......................  Tier 4................        c 1.3         0.03       c 0.14          2.4
----------------------------------------------------------------------------------------------------------------
\a\ Switch locomotives subject to the Tier 1 through Tier 2 emission standards must also meet line-haul
  standards of the same tier.
\b\ The PM standard for new Tier 2 switch locomotives is 0.24 g/bhp-hr until January 1, 2013.
\c\ Manufacturers may elect to meet a combined NOX+HC standard of 1.4 g/bhp-hr instead of the otherwise
  applicable Tier 4 NOX and HC standards, as described in paragraph (j) of this section.

* * * * *

0
64. Section 1033.115 is amended by adding and reserving paragraph
(f)(2) and revising paragraph (g) to read as follows:

Sec.  1033.115  Other requirements.

* * * * *
    (f) * * *
    (2) [Reserved]
    (g) Idle controls. All new locomotives must be equipped with
automatic engine stop/start as described in this paragraph (g). All new
locomotives must be designed to allow the engine(s) to be restarted at
least six times per day without causing engine damage that would affect
the expected interval between remanufacturing. Note that it is a
violation of 40 CFR 1068.101(b)(1) to circumvent the provisions of this
paragraph (g).
    (1) Except as allowed by paragraph (g)(2) of this section, the
stop/start systems must shut off the main locomotive engine(s) after 30
minutes of idling (or less).
    (2) Stop/start systems may restart or continue idling for the
following reasons:
    (i) To prevent engine damage such as to prevent the engine coolant
from freezing.
    (ii) To maintain air pressure for brakes or starter system, or to
recharge the locomotive battery.
    (iii) To perform necessary maintenance.
    (iv) To otherwise comply with federal regulations.
    (3) You may ask to use alternate stop/start systems that will
achieve equivalent idle control.
    (4) See Sec.  1033.201 for provisions that allow you to obtain a
separate certificate for idle controls.
    (5) It is not considered circumvention to allow a locomotive to
idle to heat or cool the cab, provided such heating or cooling is
necessary.
* * * * *

0
65. Section 1033.120 is amended by revising paragraph (b) to read as
follows:

Sec.  1033.120  Emission-related warranty requirements.

* * * * *
    (b) Warranty period. Except as specified in this paragraph, the
minimum warranty period is one-third of the useful life. Your emission-
related warranty must be valid for at least as long as the minimum
warranty periods listed in this paragraph (b) in MW-hrs of operation
(or miles for Tier 0 locomotives not equipped with MW-hr meters) and
years, whichever comes first. You may offer an emission-related
warranty more generous than we require. The emission-related warranty
for the locomotive may not be shorter than any published warranty you
offer without charge for the locomotive. Similarly, the emission-
related warranty for any component may not be shorter than any
published warranty you offer without charge for that component. If you
provide an extended warranty to individual owners for any components
covered in paragraph (c) of this section for an additional charge, your
emission-related warranty must cover those components for those owners
to the same degree. If the locomotive does not record MW-hrs, we base
the warranty periods in this paragraph (b) only on years. The warranty
period begins when the locomotive is placed into service, or back into
service after remanufacture.
* * * * *

0
66. Section 1033.135 is amended by revising paragraph (b)(2)(i) to read
as follows:

Sec.  1033.135  Labeling.

* * * * *
    (b) * * *
    (2) * * *
    (i) The label must be permanent and legible and affixed to the
locomotive in a position in which it will remain readily visible.
Attach it to a locomotive chassis part necessary for normal operation
and not normally requiring replacement during the service life of the
locomotive. You may not attach this label to the engine or to any
equipment that is easily detached from the locomotive. Attach the label
so that it cannot be removed without destroying or defacing the label.
For Tier 0 and Tier 1 locomotives, the label may be made up of more
than one piece, as long as all pieces are permanently attached to the
locomotive.
* * * * *

0
67. Section 1033.150 is amended by revising paragraph (b) and adding
paragraph (m) to read as follows:

Sec.  1033.150  Interim provisions.

* * * * *
    (b) Idle controls. A locomotive equipped with an automatic engine
stop/start system that was originally installed before January 1, 2009
and that conforms to the requirements of Sec.  1033.115(g) is deemed to
be covered by a certificate of conformity with respect to the
requirements of Sec.  1033.115(g). Note that the provisions of subpart
C of this part also allow you to apply for a conventional certificate
of conformity for such systems.
* * * * *
    (m) Assigned deterioration factors. The provisions of this
paragraph (m) apply for Tier 0 and Tier 1 locomotives to the standards
of this part during model years 2008 or 2009. Remanufacturers
certifying such locomotives to the standards of this part during these
model years may use an assigned deterioration factor of 0.03 g/bhp-hr
for PM and an assigned deterioration factor of zero for other

pollutants. For purposes of determining compliance other than for
certification or production-line testing, calculate the applicable in-
use compliance limits for these locomotives by adjusting the applicable
PM standards/FELs upward by 0.03 g/bhp-hr.

Subpart C--[Amended]

Sec.  1033.205  [Amended]

0
68. Section 1033.205 is amended by removing and reserving paragraph
(b).

0
69. Section 1033.230 is amended by revising paragraph (f) to read as
follows:

Sec.  1033.230  Grouping locomotives into engine families.

* * * * *
    (f) During the first six calendar years after a new tier of
standards becomes applicable, remanufactured engines/locomotives may be
included in the same engine family as freshly manufactured locomotives,
provided the same engines and emission controls are used for locomotive
models included in the engine family.

Subpart D--[Amended]

0
70. Section 1033.335 is amended by revising paragraph (g) introductory
text to read as follows:

Sec.  1033.335  Remanufactured locomotives: installation audit
requirements.

* * * * *
    (g) Within 45 calendar days of the end of each quarter, the
remanufacturer must send the Designated Compliance Officer a report
which includes the following information:
* * * * *

Subpart F--[Amended]

0
71. Section 1033.510 is amended by revising the introductory text to
read as follows:

Sec.  1033.510  Auxiliary power units.

    If your locomotive is equipped with an auxiliary power unit (APU)
that operates during an idle shutdown mode, you must account for the
APU's emissions rates as specified in this section, unless the APU is
part of an AESS system that was certified separately from the rest of
the locomotive. This section does not apply for auxiliary engines that
only provide hotel power.
* * * * *

0
72. Section 1033.515 is amended by revising paragraph (c)(5) and by
redesignating paragraphs (f) and (g) as paragraphs (d) and (e),
respectively, to read as follows.

Sec.  1033.515  Discrete-mode steady-state emission tests of
locomotives and locomotive engines.

* * * * *
    (c) * * *
    (5) Begin proportional sampling of PM emissions at the beginning of
each sampling period and terminate sampling within + 5 seconds of the
specified time in each test mode. If the PM sample is sufficiently
large, take one of the following actions consistent with good
engineering judgment:
    (i) Extend the sampling period up to a maximum of 15 minutes.
    (ii) Use three different dilution ratios for the modes: one for
both idle modes, one for dynamic brake through notch 5, and one for
notches 6 through 8.
* * * * *

0
73. Section 1033.530 is amended by revising paragraph (e) to read as
follows:

Sec.  1033.530  Duty cycles and calculations.

* * * * *
    (e) Automated Start-Stop. For locomotive equipped with features
that shut the engine off after prolonged periods of idle, multiply the
measured idle mass emission rate over the idle portion of the
applicable test cycles by a factor equal to one minus the estimated
fraction reduction in idling time that will result in use from the
shutdown feature. Do not apply this factor to the weighted idle power.
Application of this adjustment is subject to our approval if the
fraction reduction in idling time that is estimated to result from the
shutdown feature is greater than 25 percent. This paragraph (e) does
not apply if the locomotive is (or will be) covered by a separate
certificate for idle control.
* * * * *

Subpart G--[Amended]

0
74. Section 1033.601 is amended by revising paragraphs (c)(1) and
(c)(3) to read as follows:

Sec.  1033.601  General compliance provisions.

* * * * *
    (c) * * *
    (1) The exemption provisions of 40 CFR 1068.240 (i.e., exemptions
for replacement engines) do not apply for domestic or imported
locomotives. (Note: You may introduce into commerce freshly
manufactured replacement engines under this part, provided the
locomotives into which they are installed are covered by a certificate
of conformity.)
* * * * *
    (3) The exemption provisions of 40 CFR 1068.261 (i.e., exemptions
for delegated assembly) do not apply for domestic or imported
locomotives, except as specified in Sec.  1033.630.
* * * * *

0
75. Section 1033.630 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  1033.630  Staged assembly and delegated assembly exemptions.

* * * * *
    (b) Delegated assembly. This paragraph (b) applies where the engine
manufacturer/remanufacturer does not complete assembly of the
locomotives and the engine is shipped after being manufactured or
remanufactured (partially or completely). The provisions of this
paragraph (b) apply differently depending on who holds the certificate
of conformity and the state of the engine when it is shipped. You may
request an exemption under this paragraph (b) in your application for
certification, or in a separate submission. If you include your request
in your application, your exemption is approved when we grant your
certificate. A manufacturer/remanufacturer may request an exemption
under 40 CFR 1068.261 instead of under this section.
* * * * *

0
76. Section 1033.640 is amended by revising paragraph (b) to read as
follows:

Sec.  1033.640  Provisions for repowered and refurbished locomotives.

* * * * *
    (b) A single existing locomotive cannot be divided into parts and
combined with new parts to create more than one remanufactured
locomotive. However, any number of locomotives can be divided into
parts and combined with new parts to create more than one
remanufactured locomotive, provided the number of locomotives created
(remanufactured and freshly manufactured) does not exceed the number of
locomotives that were disassembled.
* * * * *
0
77. Section 1033.645 is amended by revising paragraph (a) to read as
follows:

Sec.  1033.645  Non-OEM component certification program.

* * * * *
    (a) Applicability. This section applies only for components that
are commonly replaced during remanufacturing. It does not apply for
other types of components that are replaced during a locomotive's
useful life, but not typically replaced during remanufacture. Certified
components may be used for remanufacturing or other maintenance.
* * * * *

Subpart I--[Amended]

0
78. Section 1033.810 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  1033.810  In-use testing program.

* * * * *
    (c) Test locomotive selection. Unless we specify a different
option, select test locomotives as specified in paragraph (c)(1) of
this section (Option 1). In no case may you exclude locomotives because
of visible smoke, a history of durability problems, or other evidence
of malmaintenance. You may test more locomotives than this section
requires.
* * * * *

Subpart J--[Amended]

0
79. Section 1033.901 is amended by revising paragraph (2)(ii) of the
definition for ``New'' to read as follows:

Sec.  1033.901  Definitions.

* * * * *
    New, * * *
    (2) * * *
    (ii) Locomotives that are owned and operated by a small railroad
and that have never been certified (i.e., manufactured or
remanufactured into a certified configuration) are not considered to
become new when remanufactured. The provisions of paragraph (1) of this
definition apply for locomotives that have previously been
remanufactured into a certified configuration.
* * * * *

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

0
80. The authority citation for part 1039 continues to read as follows:

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

Subpart A--[Amended]

0
81. Section 1039.5 is amended by revising paragraph (d) and adding
paragraph (e) to read as follows:

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

* * * * *
    (d) Hobby engines. Engines installed in reduced-scale models of
vehicles that are not capable of transporting a person are not subject
to the provisions of this part 1039.
    (e) Engines used in recreational vehicles. Engines certified to
meet the requirements of 40 CFR part 1051 or are otherwise subject to
40 CFR part 1051 (for example, engines used in snowmobiles and all-
terrain vehicles) are not subject to the provisions of this part 1039.

Subpart B--[Amended]

0
82. Section 1039.102 is amended by revising paragraph (g)(4) to read as
follows:

Sec.  1039.102  What exhaust emission standards and phase-in allowances
apply for my engines in model year 2014 and earlier?

* * * * *
    (g) * * *
    (4) Special provisions for 37-56 kW engines. For engines at or
above 37 kW and below 56 kW from model years 2008 through 2012, you
must add information to the emission-related installation instructions
to clarify the equipment manufacturer's obligations under Sec.
1039.104(f).

0
83. Section 1039.125 is amended by revising paragraphs (a)(2)(i) and
(a)(3)(i) to read as follows:

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

* * * * *
    (a) * * *
    (2) * * *
    (i) For EGR-related filters and coolers, PCV valves, crankcase vent
filters, and fuel injector tips (cleaning only), the minimum interval
is 1,500 hours.
* * * * *
    (3) * * *
    (i) For EGR-related filters and coolers, PCV valves, crankcase vent
filters, and fuel injector tips (cleaning only), the minimum interval
is 1,500 hours.
* * * * *

0
84. Section 1039.135 is amended by revising paragraph (c)(4) to read as
follows:

Sec.  1039.135  How must I label and identify the engines I produce?

* * * * *
    (c) * * *
    (4) State the power category or subcategory from Sec.  1039.101 or
Sec.  1039.102 that determines the applicable emission standards for
the engine family. For engines at or above 37 kW and below 56 kW from
model years 2008 through 2012, and for engines less than 8 kW utilizing
the provision at Sec.  1039.101(c), you must state the applicable PM
standard for the engine family.
* * * * *

Subpart G--[Amended]

0
85. Section 1039.625 is amended as follows:
0
a. By revising paragraph (d)(1).
0
b. By revising paragraphs (e) introductory text, (e)(1), and (e)(3).
0
c. By revising paragraph (f)(4).
0
d. By revising paragraphs (g)(1) introductory text, (g)(1)(ii), and
(g)(1)(iv).
0
e. By revising paragraph (g)(2).
0
f. By revising paragraph (j).
0
g. By revising paragraph (m)(2) introductory text.

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

* * * * *
    (d) * * *
    (1) If you use the provisions of 40 CFR 1068.105(a) to use up your
inventories of engines not certified to new emission standards, do not
include these units in your count of equipment with exempted engines
under paragraph (b) of this section. However, you may include these
units in your count of total equipment you produce for the given year
for the percentage calculation in paragraph (b)(1) of this section.
* * * * *
    (e) Standards. If you produce equipment with exempted engines under
this section, the engines must meet emission standards specified in
this paragraph (e). Note that we consider engines to be meeting
emission standards even if they are certified with a family emission
limit that is higher than the emission standard that would otherwise
apply.
    (1) If you are using the provisions of paragraph (d)(4) of this
section, engines must meet the applicable Tier 1 or Tier 2 emission
standards described in Sec.  89.112.
* * * * *
    (3) In all other cases, engines at or above 56 kW and at or below
560 kW must meet the appropriate Tier 3 standards described in 40 CFR
89.112. Engines below 56 kW and engines above 560 kW must meet the
appropriate Tier 2 standards described in 40 CFR 89.112.
    (f) * * *
    (4) An e-mail address and phone number to contact for further
information, or a Web site that includes this contact information.
* * * * *
    (g) * * *
    (1) Before you use the provisions of this section, send the
Designated Compliance Officer a written notice of your intent,
including:
* * * * *
    (ii) The name, phone number and e-mail address of a person to
contact for more information.
* * * * *
    (iv) The name and address of each company you expect to produce
engines

for the equipment you manufacture under this section.
* * * * *
    (2) For each year that you use the provisions of this section, send
the Designated Compliance Officer a written report by March 31 of the
following year. Identify the following things in your report:
    (i) The total count of units you sold in the preceding year for
each power category, based on actual U.S.-directed production
information.
    (ii) The percentages of U.S.-directed production that correspond to
the number of units in each power category and the cumulative numbers
and percentages of units for all the units you have sold under this
section for each power category. You may omit the percentage figures if
you include in the report a statement that you will not be using the
percent-of-production allowances in paragraph (b)(1) of this section.
    (iii) The manufacturer of the engine installed in the equipment you
produce under this section if this is different than you specified
under paragraph (g)(1)(iv) of this section.
* * * * *
    (j) Provisions for engine manufacturers. As an engine manufacturer,
you may produce exempted engines as needed under this section. You do
not have to request this exemption for your engines, but you must have
written assurance from equipment manufacturers that they need a certain
number of exempted engines under this section. Send us an annual report
of the engines you produce under this section, as described in Sec.
1039.250(a). For engines produced under the provisions of paragraph
(a)(2) of this section, you must certify the engines under this part
1039. For all other exempt engines, the engines must meet the emission
standards in paragraph (e) of this section and you must meet all the
requirements of 40 CFR 1068.265. If you show under 40 CFR 1068.265(c)
that the engines are identical in all material respects to engines that
you have previously certified to one or more FELs above the standards
specified in paragraph (e) of this section, you must supply sufficient
credits for these engines. Calculate these credits under subpart H of
this part using the previously certified FELs and the alternate
standards. You must meet the labeling requirements in 40 CFR 89.110 or
Sec.  1039.135, as applicable, with the following exceptions:
    (1) Add the following statement instead of the compliance statement
in 40 CFR 89.110(b)(10) or Sec.  1039.135(c)(12), as applicable:

THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR 1039.625.
SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE
EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 1039.625 MAY BE A VIOLATION
OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    (2) You may omit the family emission limits if they are below the
emission standards.
* * * * *
    (m) * * *
    (2) To apply for exemptions under this paragraph (m), send the
Designated Compliance Officer a written request as soon as possible
before you are in violation. In your request, include the following
information:
* * * * *

0
86. Section 1039.626 is amended as follows:
0
a. By revising paragraph (a)(2).
0
b. By revising paragraph (a)(9)(ii)(B).
0
c. By revising paragraph (a)(9)(iv).
0
d. By revising paragraph (b)(1) introductory text.
0
e. By revising paragraph (b)(2).

Sec.  1039.626  What special provisions apply to equipment imported
under the equipment-manufacturer flexibility program?

* * * * *
    (a) * * *
    (2) Name an agent for service located in the United States. Service
on this agent constitutes service on you or any of your officers or
employees for any action by EPA or otherwise by the United States
related to the requirements of this part.
* * * * *
    (9) * * *
    (ii) * * *
    (B) Get us to approve a waiver from the bonding requirement if you
can show that you meet the asset thresholds described in 40 CFR
1054.690.
* * * * *
    (iv) You will forfeit the proceeds of the bond posted under this
section if you need to satisfy any U.S. administrative settlement
agreement, administrative final order or judicial judgment against you
arising from your violation of this chapter, or violation of 18 U.S.C.
1001, 42 U.S.C. 7413(c)(2), or other applicable provisions of the Clean
Air Act.
* * * * *
    (b) * * *
    (1) Before you use the provisions of this section, send the
Designated Compliance Officer a written notice of your intent,
including:
* * * * *
    (2) For each year that you use the provisions of this section, send
the Designated Compliance Officer a written report by March 31 of the
following year. Include in your report the total number of engines you
imported under this section in the preceding calendar year, broken down
by engine manufacturer and by equipment manufacturer.

Subpart I--[Amended]

0
87. Section 1039.801 is amended by revising the definition for
``Designated Compliance Officer'' to read as follows:

Sec.  1039.801  What definitions apply to this part?

* * * * *
    Designated Compliance Officer means the Manager, Heavy-Duty and
Nonroad Engine Group (6405-J), U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
* * * * *

PART 1042--CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE
COMPRESSION-IGNITION ENGINES AND VESSELS

0
88. The authority citation for part 1042 continues to read as follows:

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

Subpart A--[Amended]

0
89. Section 1042.5 is amended by revising paragraph (b) to read as
follows:

Sec.  1042.5  Exclusions.

* * * * *
    (b) Hobby engines. Engines installed in reduced-scale models of
vessels that are not capable of transporting a person are not subject
to the provisions of this part 1042.

Subpart B--[Amended]

0
90. Section 1042.101 is amended by revising Table 1 in paragraph (a)(3)
to read as follows:

Sec.  1042.101  Exhaust emission standards.

    (a) * * *
    (3) * * *

[GRAPHIC] [TIFF OMITTED] TR08OC08.074

* * * * *

0
91. Section 1042.107 is revised to read as follows:

Sec.  1042.107  Evaporative emission standards.

    (a) There are no evaporative emission standards for diesel-fueled
engines, or engines using other nonvolatile or nonliquid fuels (for
example, natural gas).
    (b) If an engine uses a volatile liquid fuel, such as methanol, the
engine's fuel system and the vessel in which the engine is installed
must meet the evaporative emission requirements of 40 CFR part 1045
that apply with respect to spark-ignition engines. Manufacturers
subject to evaporative emission standards must meet the requirements of
40 CFR 1045.112 as described in 40 CFR part 1060 and do all the
following things in the application for certification:
    (1) Describe how evaporative emissions are controlled.
    (2) Present test data to show that fuel systems and vessels meet
the evaporative emission standards we specify in this section if you do
not use design-based certification under 40 CFR 1060.240. Show these
figures before and after applying deterioration factors, where
applicable.

0
92. Section 1042.115 is amended by revising paragraph (f)(1) to read as
follows:

Sec.  1042.115  Other requirements.

* * * * *
    (f) * * *
    (1) The conditions of concern were substantially included in the
applicable

duty-cycle test procedures described in subpart F of this part (the
portion during which emissions are measured).
* * * * *

0
93. Section 1042.145 is amended by revising Table 2 in paragraph (f) to
read as follows:

Sec.  1042.145  Interim provisions.

* * * * *
    (f) * * *

  Table 2 to Sec.   1042.145--Optional In-Use Adjustments for the First
                Three Model Years of the Tier 4 Standards
------------------------------------------------------------------------
                                           In-use adjustments (g/kW-hr)
                                         -------------------------------
                                          For model year  For model year
  Fraction of useful life already used       2017 and        2017 and
                                          earlier Tier 4  earlier Tier 4
                                           NOX standards   PM standards
------------------------------------------------------------------------
0 < hours <= 50% of useful life.........             0.3            0.05
50 < hours <= 75% of useful life........             0.4            0.05
hours > 75% of useful life..............             0.5            0.05
------------------------------------------------------------------------

* * * * *

Subpart G--[Amended]

Sec.  1042.601  [Amended]

0
94. Section 1042.601 is amended by removing paragraph (g).

0
95. Section 1042.615 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1042.615  Replacement engine exemption.

* * * * *
    (a) This paragraph (a) applies instead of the provisions of 40 CFR
1068.240(b)(3). The prohibitions in 40 CFR 1068.101(a)(1) do not apply
to a new replacement engine if all the following conditions are met:
* * * * *

Subpart I--[Amended]

0
96. Section 1042.801 is amended by revising paragraph (f) to read as
follows:

Sec.  1042.801  General provisions.

* * * * *
    (f) Remanufacturing systems that require a fuel change or use of a
fuel additive may be certified under this part. However, they are not
considered to be ``available'' with respect to triggering the
requirement for an engine to be covered by a certificate of conformity
under Sec.  1042.815. The following provisions apply:
    (1) Only fuels and additives registered under 40 CFR part 79 may be
used under this paragraph (f).
    (2) You must demonstrate in your application that the fuel or
additive will actually be used by operators, including a description of
how the vessels and dispensing tanks will be labeled. We may require
you to provide the labels to the operators.
    (3) You must also describe analytical methods that can be used by
EPA or others to verify that fuel meets your specifications.
    (4) You must provide clear instructions to the operators specifying
that they may only use the specified fuel/additive, label their vessels
and fuel dispensing tanks, and keep records of their use of the fuel/
additive in order for their engine to be covered by your certificate.
Use of the incorrect fuel (or fuel without the specified additive) or
any other failure to comply with the requirements of this paragraph is
a violation of 40 CFR 1068.101(b)(1).
* * * * *

0
97. Section 1042.836 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1042.836  Marine certification of locomotive remanufacturing
systems.

* * * * *
    (a) Include the following with your application for certification
under 40 CFR part 92 or 1033 (or as an amendment to your application):
* * * * *

0
98. A new part 1045 is added to subchapter U of chapter I to read as
follows:

PART 1045--CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION
MARINE ENGINES AND VESSELS

Subpart A--Overview and Applicability
Sec.
1045.1 Does this part apply for my products?
1045.2 Who is responsible for compliance?
1045.5 Which engines are excluded from this part's requirements?
1045.10 How is this part organized?
1045.15 Do any other CFR parts apply to me?
1045.20 What requirements apply to my vessels?
1045.25 How do the requirements related to evaporative emissions
apply to engines and their fuel systems?
1045.30 Submission of information.
Subpart B--Emission Standards and Related Requirements
1045.101 What exhaust emission standards and requirements must my
engines meet?
1045.103 What exhaust emission standards must my outboard and
personal watercraft engines meet?
1045.105 What exhaust emission standards must my sterndrive/inboard
engines meet?
1045.107 What are the not-to-exceed emission standards?
1045.110 How must my engines diagnose malfunctions?
1045.112 What are the standards for evaporative emissions?
1045.115 What other requirements apply?
1045.120 What emission-related warranty requirements apply to me?
1045.125 What maintenance instructions must I give to buyers?
1045.130 What installation instructions must I give to vessel
manufacturers?
1045.135 How must I label and identify the engines I produce?
1045.140 What is my engine's maximum engine power?
1045.145 Are there interim provisions that apply only for a limited
time?
Subpart C--Certifying Engine Families
1045.201 What are the general requirements for obtaining a
certificate of conformity?
1045.205 What must I include in my application?
1045.210 May I get preliminary approval before I complete my
application?
1045.220 How do I amend the maintenance instructions in my
application?
1045.225 How do I amend my application for certification to include
new or modified engines or change an FEL?
1045.230 How do I select engine families?
1045.235 What emission testing must I perform for my application for
a certificate of conformity?
1045.240 How do I demonstrate that my engine family complies with
exhaust emission standards?
1045.245 How do I determine deterioration factors from exhaust
durability testing?

1045.250 What records must I keep and what reports must I send to
EPA?
1045.255 What decisions may EPA make regarding my certificate of
conformity?
Subpart D--Testing Production-Line Engines
1045.301 When must I test my production-line engines?
1045.305 How must I prepare and test my production-line engines?
1045.310 How must I select engines for production-line testing?
1045.315 How do I know when my engine family fails the production-
line testing requirements?
1045.320 What happens if one of my production-line engines fails to
meet emission standards?
1045.325 What happens if an engine family fails the production-line
testing requirements?
1045.330 May I sell engines from an engine family with a suspended
certificate of conformity?
1045.335 How do I ask EPA to reinstate my suspended certificate?
1045.340 When may EPA revoke my certificate under this subpart and
how may I sell these engines again?
1045.345 What production-line testing records must I send to EPA?
1045.350 What records must I keep?
Subpart E--In-Use Testing
1045.401 What testing requirements apply to my engines that have
gone into service?
1045.405 How does this program work?
1045.410 How must I select, prepare, and test my in-use engines?
1045.415 What happens if in-use engines do not meet requirements?
1045.420 What in-use testing information must I report to EPA?
1045.425 What records must I keep?
Subpart F--Test Procedures
1045.501 How do I run a valid emission test?
1045.505 How do I test engines using discrete-mode or ramped-modal
duty cycles?
1045.515 What are the test procedures related to not-to-exceed
standards?
1045.520 What testing must I perform to establish deterioration
factors?
Subpart G--Special Compliance Provisions
1045.601 What compliance provisions apply to these engines?
1045.605 What provisions apply to engines already certified under
the motor vehicle or Large SI programs?
1045.610 What provisions apply to using engines already certified to
Small SI emission standards?
1045.620 What are the provisions for exempting engines used solely
for competition?
1045.625 What requirements apply under the Diurnal Transition
Program?
1045.630 What is the personal-use exemption.
1045.635 What special provisions apply for small-volume engine
manufacturers?
1045.640 What special provisions apply to branded engines?
1045.645 What special provisions apply for converting an engine to
use an alternate fuel?
1045.650 Do delegated-assembly provisions apply for marine engines?
1045.655 What special provisions apply for installing and removing
altitude kits?
1045.660 How do I certify outboard or personal watercraft engines
for use in jet boats?
Subpart H--Averaging, Banking, and Trading for Certification
1045.701 General provisions.
1045.705 How do I generate and calculate exhaust emission credits?
1045.706 How do I generate and calculate evaporative emission
credits?
1045.710 How do I average emission credits?
1045.715 How do I bank emission credits?
1045.720 How do I trade emission credits?
1045.725 What must I include in my application for certification?
1045.730 What ABT reports must I send to EPA?
1045.735 What records must I keep?
1045.745 What can happen if I do not comply with the provisions of
this subpart?
Subpart I--Definitions and Other Reference Information
1045.801 What definitions apply to this part?
1045.805 What symbols, acronyms, and abbreviations does this part
use?
1045.810 What materials does this part reference?
1045.815 What provisions apply to confidential information?
1045.820 How do I request a hearing?
1045.825 What reporting and recordkeeping requirements apply under
this part?

Appendix I to Part 1045--Summary of Previous Emission Standards

Appendix II to Part 1045--Duty Cycles for Propulsion Marine Engines

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

Subpart A--Overview and Applicability

Sec.  1045.1  Does this part apply for my products?

    (a) Except as provided in Sec.  1045.5, the regulations in this
part 1045 apply as follows:
    (1) The requirements of this part related to exhaust emissions
apply to new, spark-ignition propulsion marine engines beginning with
the 2010 model year.
    (2) The requirements of this part related to evaporative emissions
apply to fuel lines and fuel tanks used with marine engines that use a
volatile liquid fuel (such as gasoline) as specified in 40 CFR part
1045.112. This includes fuel lines and fuel tanks used with auxiliary
marine engines. This also includes portable marine fuel tanks and
associated fuel lines.
    (b) We specify optional standards for certifying sterndrive/inboard
engines before the 2010 model year in Sec.  1045.145(a). Engines
certified to these standards are subject to all the requirements of
this part as if these optional standards were mandatory.
    (c) See 40 CFR part 91 for requirements that apply to outboard and
personal watercraft engines not yet subject to the requirements of this
part 1045.
    (d) The provisions of Sec. Sec.  1045.620 and 1045.801 apply for
new engines used solely for competition beginning January 1, 2010.

Sec.  1045.2  Who is responsible for compliance?

    The requirements and prohibitions of this part apply to
manufacturers of engines and fuel-system components as described in
Sec.  1045.1. The requirements of this part are generally addressed to
manufacturers subject to this part's requirements. The term ``you''
generally means the certifying manufacturer. For provisions related to
exhaust emissions, this generally means the engine manufacturer,
especially for issues related to certification (including production-
line testing, reporting, etc.). For provisions related to certification
with respect to evaporative emissions, this generally means the vessel
manufacturer. Vessel manufacturers must meet applicable requirements as
described in Sec.  1045.20. Engine manufacturers must meet requirements
related to evaporative emissions as described in Sec.  1045.25.

Sec.  1045.5  Which engines are excluded from this part's requirements?

    (a) Auxiliary engines. The exhaust emission standards of this part
do not apply to auxiliary marine engines. See 40 CFR part 90, 1048, or
1054 for the exhaust emission standards that apply. Evaporative
emission standards apply as specified in Sec.  1045.112.
    (b) Hobby engines and vessels. This part does not apply with
respect to reduced-scale models of vessels that are not capable of
transporting a person.
    (c) Large natural gas engines. Propulsion marine engines powered by
natural gas with maximum engine power at or above 250 kW are deemed to
be compression-ignition engines. These engines are therefore subject to
all the requirements of 40 CFR part 1042 instead of this part even if
they would otherwise meet the definition of ``spark-ignition'' in Sec.
1045.801.

Sec.  1045.10  How is this part organized?

    This part 1045 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of this part
1045 and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part
1045. Note that Sec.  1045.145 discusses certain interim requirements
and compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate
of conformity.
    (d) Subpart D of this part describes general provisions for testing
production-line engines.
    (e) Subpart E of this part describes general provisions for testing
in-use engines.
    (f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal
Regulations).
    (g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to engine
manufacturers, vessel manufacturers, owners, operators, rebuilders, and
all others.
    (h) Subpart H of this part describes how you may generate and use
exhaust and evaporative emission credits to certify your engines and
vessels.
    (i) Subpart I of this part contains definitions and other reference
information.

Sec.  1045.15  Do any other CFR parts apply to me?

    (a) Part 1060 of this chapter describes standards and procedures
that apply for controlling evaporative emissions from engines fueled by
gasoline or other volatile liquid fuels and the associated fuel
systems. See Sec.  1045.112 for information about how that part
applies.
    (b) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines to measure exhaust emissions.
Subpart F of this part 1045 describes how to apply the provisions of
part 1065 of this chapter to determine whether engines meet the exhaust
emission standards in this part.
    (c) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports,
installs, owns, operates, or rebuilds any of the engines subject to
this part 1045, or vessels powered by these engines. Part 1068 of this
chapter describes general provisions, including these seven areas:
    (1) Prohibited acts and penalties for engine manufacturers, vessel
manufacturers, and others.
    (2) Rebuilding and other aftermarket changes.
    (3) Exclusions and exemptions for certain engines.
    (4) Importing engines.
    (5) Selective enforcement audits of your production.
    (6) Defect reporting and recall.
    (7) Procedures for hearings.
    (d) Other parts of this chapter apply if referenced in this part
1045.

Sec.  1045.20  What requirements apply to my vessels?

    (a) If you manufacture vessels with engines certified to the
exhaust emission standards in this part, your vessels must meet all
emission standards with the engine and fuel system installed.
    (b) You may need to certify your vessels or fuel systems as
described in 40 CFR 1060.1 and 1060.601. If you produce vessels subject
to this part without obtaining a certificate, you must still meet the
requirements of 40 CFR 1060.101(e) and (f) and keep records as
described in 40 CFR 1060.210.
    (c) You must identify and label vessels you produce under this
section consistent with the requirements of Sec.  1045.135 and 40 CFR
part 1060.
    (d) You must follow all emission-related installation instructions
from the certifying manufacturers as described in Sec.  1045.130 and 40
CFR 1068.105. If you do not follow the installation instructions, we
may consider your vessel to be not covered by the certificates of
conformity. Introduction of such vessels into U.S. commerce violates 40
CFR 1068.101.

Sec.  1045.25  How do the requirements related to evaporative emissions
apply to engines and their fuel systems?

    (a) Engine manufacturers must provide the installation instructions
required by Sec.  1045.130 to the ultimate purchasers of the engine.
These instructions may be combined with the maintenance instructions
required by Sec.  1045.125.
    (b) Engines sold with attached fuel lines or installed fuel tanks
must be covered by the appropriate certificates of conformity issued
under 40 CFR part 1060.
    (c) Fuel lines intended to be used with new engines and new
portable marine fuel tanks must be certified to the applicable
requirements of 40 CFR part 1060. Similarly, fuel tanks intended to be
used with new enignes must be certified to the applicable requirements
of 40 CFR part 1060.
    (d) All persons installing engines certified under this part 1045
must follow the certifying manufacturer's emission-related installation
instructions (see Sec.  1045.130 and 40 CFR 1068.105).

Sec.  1045.30  Submission of information.

    (a) This part includes various requirements to record data or other
information. Refer to Sec.  1045.825 and 40 CFR 1068.25 regarding
recordkeeping requirements. If recordkeeping requirements are not
specified, store these records in any format and on any media and keep
them readily available for one year after you send an associated
application for certification, or one year after you generate the data
if they do not support an application for certification. You must
promptly send us organized, written records in English if we ask for
them. We may review them at any time.
    (b) The regulations in Sec.  1045.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.
    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1045.801).
    (d) Any written information we require you to send to or receive
from another company is deemed to be a required record under this
section. Such records are also deemed to be submissions to EPA. We may
require you to send us these records whether or not you are a
certificate holder.

Subpart B--Emission Standards and Related Requirements

Sec.  1045.101  What exhaust emission standards and requirements must
my engines meet?

    (a) You must show that your engines meet the following
requirements:
    (1) Outboard and personal watercraft engines must meet the exhaust
emission standards specified in Sec.  1045.103.
    (2) Sterndrive/inboard engines must meet the exhaust emission
standards specified in Sec.  1045.105. You may optionally meet these
standards earlier than we require, as specified in Sec.  1045.145(b).
    (3) Sterndrive/inboard engines must meet the engine-diagnostic
requirements in Sec.  1045.110.
    (4) All engines must meet the requirements in Sec.  1045.115.
    (b) It is important that you read Sec.  1045.145 to determine if
there are other interim requirements or interim compliance provisions
that apply for a limited time.

Sec.  1045.103  What exhaust emission standards must my outboard and
personal watercraft engines meet?

    (a) Duty-cycle emission standards. Starting in the 2010 model year,
exhaust emissions from your outboard and personal watercraft engines
may not exceed emission standards as follows:
    (1) Measure emissions using the applicable steady-state test
procedures described in subpart F of this part.
    (2) The exhaust emission standards from the following table apply:

      Table 1 to Sec.   1045.103--Emission Standards for Outboard and Personal Watercraft Engines (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
              Pollutant                       Power \1\                         Emission standard
----------------------------------------------------------------------------------------------------------------
HC + NOX.............................  P <= 4.3 kW............  30.0
                                       P > 4.3 kW.............   2.1 + 0.09 x (151 + 557/P\0.9\)
CO...................................  P <= 40 kW.............  500 - 5.0 x P
                                       P > 40 kW..............  300
----------------------------------------------------------------------------------------------------------------
\1\ Power (P) = maximum engine power for the engine family, in kilowatts (kW).

    (3) For engines whose standard depends on maximum engine power,
round the calculated HC+NOX emission standard to the nearest
0.1 g/kW-hr; round the calculated CO emission standard to the nearest
g/kW-hr. Determine maximum engine power for the engine family as
described in Sec.  1045.140.
    (b) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with HC+NOX emission standards. For CO emissions,
you may generate or use emission credits for averaging as described in
subpart H of this part, but not for banking or trading. To generate or
use emission credits, you must specify a family emission limit for each
pollutant you include in the ABT program for each engine family. These
family emission limits serve as the emission standards for the engine
family with respect to all required testing instead of the standards
specified in this section. An engine family meets emission standards
even if its family emission limit is higher than the standard, as long
as you show that the whole averaging set of applicable engine families
meets the emission standards using emission credits and the engines
within the family meet the family emission limit. The following FEL
caps apply:
    (1) For engines with maximum engine power at or below 4.3 kW, the
maximum value of the family emission limit for HC+NOX is
81.0 g/kW-hr. For all other engines, the maximum value of the family
emission limit for HC+NOX is defined by the following
formula, with results rounded to the nearest 0.1 g/kW-hr:
[GRAPHIC] [TIFF OMITTED] TR08OC08.088

    (2) For engines with maximum engine power above 40 kW, the maximum
value of the family emission limit for CO is 450 g/kW-hr. For all other
engines, the maximum value is defined by the following formula, with
results rounded to the nearest g/kW-hr:

FELmax,CO = 650 - 5.0 x P
    (c) Not-to-exceed emission standards. Exhaust emissions may not
exceed the not-to-exceed standards specified in Sec.  1045.107.
    (d) Fuel types. The exhaust emission standards in this section
apply for engines using the fuel type on which the engines in the
engine family are designed to operate. You must meet the numerical
emission standards for hydrocarbons in this section based on the
following types of hydrocarbon emissions for engines powered by the
following fuels:
    (1) Alcohol-fueled engines: THCE emissions.
    (2) Natural gas-fueled engines: NMHC emissions.
    (3) Other engines: THC emissions.
    (e) Useful life. Your engines must meet the exhaust emission
standards in paragraphs (a) through (c) of this section over the full
useful life as follows:
    (1) For outboard engines, the minimum useful life is 350 hours of
engine operation or 10 years, whichever comes first.
    (2) For personal watercraft engines, the minimum useful life is 350
hours of engine operation or 5 years, whichever comes first.
    (3) You must specify a longer useful life in terms of hours for the
engine family if the average service life of your vehicles is longer
than the minimum value, as follows:
    (i) Except as allowed by paragraph (e)(3)(ii) of this section, your
useful life (in hours) may not be less than either of the following:
    (A) Your projected operating life from advertisements or other
marketing materials for any engines in the engine family.
    (B) Your basic mechanical warranty for any engines in the engine
family.
    (ii) Your useful life may be based on the average service life of
vehicles in the engine family if you show that the average service life
is less than the useful life required by paragraph (e)(3)(i) of this
section, but more than the minimum useful life (350 hours of engine
operation). In determining the actual average service life of vehicles
in an engine family, we will consider all available information and
analyses. Survey data is allowed but not required to make this showing.
    (f) Applicability for testing. The duty-cycle emission standards in
this subpart apply to all testing performed according to the procedures
in Sec.  1045.505, including certification, production-line, and in-use
testing. The not-to-exceed standards apply for all testing performed
according to the procedures of subpart F of this part.

Sec.  1045.105  What exhaust emission standards must my sterndrive/
inboard engines meet?

    (a) Duty-cycle emission standards. Starting in the 2010 model year,
exhaust emissions from your sterndrive/inboard engines may not exceed
emission standards as follows:
    (1) Measure emissions using the applicable steady-state test
procedures described in subpart F of this part.
    (2) For conventional sterndrive/inboard engines, the
HC+NOX emission standard is 5.0 g/kW-hr and the CO emission
standard is 75.0 g/kW-hr.
    (3) The exhaust emission standards from the following table apply
for high-performance engines:

   Table 1 to Sec.   1045.105--Emission Standards for High-Performance
                            Engines (g/kW-hr)
------------------------------------------------------------------------
           Model year                 Power \1\       HC+NOX       CO
------------------------------------------------------------------------
2010............................  P<= 485 kW......       20.0        350
                                  P> 485 kW.......       25.0        350

2011+...........................  P<= 485 kW......       16.0        350
                                  P> 485 kW.......       22.0       350
------------------------------------------------------------------------
\1\ Power (P) = maximum engine power in kilowatts (kW).

    (b) Averaging, banking, and trading. You may not generate or use
emission credits for high-performance engines. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with HC+NOX and CO emission standards for
conventional sterndrive-inboard engines. To generate or use emission
credits, you must specify a family emission limit for each pollutant
you include in the ABT program for each engine family. These family
emission limits serve as the emission standards for the engine family
with respect to all required testing instead of the standards specified
in this section. An engine family meets emission standards even if its
family emission limit is higher than the standard, as long as you show
that the whole averaging set of applicable engine families meets the
emission standards using emission credits and the engines within the
family meet the family emission limit. Family emission limits for
conventional sterndrive/inboard engines may not be higher than 16.0 g/
kW-hr for HC+NOX and 150 g/kW-hr for CO except as specified
in Sec.  1045.145(c).
    (c) Not-to-exceed emission standards. Exhaust emissions may not
exceed the not-to-exceed standards specified in Sec.  1045.107 for
conventional sterndrive/inboard engines. These standards do not apply
for high-performance engines.
    (d) Fuel types. The exhaust emission standards in this section
apply for engines using the fuel type on which the engines in the
engine family are designed to operate. You must meet the numerical
emission standards for hydrocarbons in this section based on the
following types of hydrocarbon emissions for engines powered by the
following fuels:
    (1) Alcohol-fueled engines: THCE emissions.
    (2) Natural gas-fueled engines: NMHC emissions.
    (3) Other engines: THC emissions.
    (e) Useful life. Your engines must meet the exhaust emission
standards in paragraphs (a) through (c) of this section over their full
useful life, as follows:
    (1) For high-performance engines with maximum engine power above
485 kW, the useful life is 50 hours of operation or 1 year, whichever
comes first. For high-performance engines with maximum engine power at
or below 485 kW, the useful life is 150 hours of operation or 3 years,
whichever comes first.
    (2) For conventional sterndrive/inboard engines, the minimum useful
life is 480 hours of operation or ten years, whichever comes first.
However, you may request in your application for certification that we
approve a shorter useful life for an engine family. We may approve a
shorter useful life, in hours of engine operation but not in years, if
we determine that these engines will rarely operate longer than the
shorter useful life. If engines identical to those in the engine family
have already been produced and are in use, your demonstration must
include documentation from such in-use engines. In other cases, your
demonstration must include an engineering analysis of information
equivalent to such in-use data, such as data from research engines or
similar engine models that are already in production. Your
demonstration must also include any overhaul interval that you
recommend, any mechanical warranty that you offer for the engine or its
components, and any relevant customer design specifications. Your
demonstration may include any other relevant information. The useful
life value may not be shorter than any of the following:
    (i) 150 hours of operation.
    (ii) Your recommended overhaul interval.
    (iii) Your mechanical warranty for the engine.
    (3) You must specify a longer useful life for conventional
sterndrive/inboard engines in terms of hours if the average service
life of engines from the engine family is longer than the minimum
useful life value, as follows:
    (i) Except as allowed by paragraph (e)(3)(ii) of this section, your
useful life (in hours) may not be less than either of the following:
    (A) Your projected operating life from advertisements or other
marketing materials for any engines in the engine family.
    (B) Your basic mechanical warranty for any engines in the engine
family.
    (ii) Your useful life may be based on the average service life of
engines in the engine family if you show that the average service life
is less than the useful life required by paragraph (e)(3)(i) of this
section, but more than the minimum useful life (480 hours of engine
operation). In determining the actual average service life of engines
in an engine family, we will consider all available information and
analyses. Survey data is allowed but not required to make this showing.
    (f) Applicability for testing. The duty-cycle emission standards in
this section apply to all testing performed according to the procedures
in Sec.  1045.505, including certification, production-line, and in-use
testing. The not-to-exceed standards apply for all testing performed
according to the procedures of subpart F of this part.

Sec.  1045.107  What are the not-to-exceed emission standards?

    Not-to-exceed emission standards apply as follows:
    (a) Measure emissions using the not-to-exceed procedures in subpart
F of this part:
    (b) Determine the not-to-exceed standard, rounded to the same
number of decimal places as the emission standard in Table 1 to this
section from the following equation:
Not-to-exceed standard = (STD) x (M)

Where:

STD = The standard specified in paragraph (a) of this section if you
certify without using ABT for that pollutant; or the FEL for that
pollutant if you certify using ABT.
M = The NTE multiplier for that pollutant, as defined in paragraphs
(c) through (e) of this section.

    (c) For engines equipped with a catalyst, use NTE multipliers from
the following table across the applicable zone specified in Sec.
1045.515:

    Table 1 to Sec.   1045.107--NTE Multipliers for Catalyst-Equipped
                                 Engines
------------------------------------------------------------------------
                    Pollutant                      Subzone 1   Subzone 2
------------------------------------------------------------------------
HC+NOX..........................................        1.50        1.00
CO..............................................         N/A        1.00
------------------------------------------------------------------------

    (d) For two-stroke engines not equipped with a catalyst, use an NTE
multiplier of 1.2 for HC+NOX and CO. Compare the weighted
value specified in Sec.  1045.515(c)(5) to the NTE standards specified
in paragraph (b) of this section.
    (e) For engines not covered by paragraphs (c) and (d) of this
section, use the NTE multipliers from the following table across the
applicable zone specified in Sec.  1045.515:

   Table 2 to Sec.   1045.107--NTE Multipliers for Four-Stroke Engines
                            without Catalysts
------------------------------------------------------------------------
                    Pollutant                      Subzone 1   Subzone 2
------------------------------------------------------------------------
HC+NOX..........................................        1.40        1.60
CO..............................................        1.50        1.50
------------------------------------------------------------------------

Sec.  1045.110  How must my engines diagnose malfunctions?

    The following engine-diagnostic requirements apply for engines
equipped with three-way catalysts and closed-loop control of air-fuel
ratios:
    (a) Equip your engines with a diagnostic system. Equip each engine
with a diagnostic system that will detect significant malfunctions in
its emission control system using one of the following protocols:
    (1) If your emission control strategy depends on maintaining air-
fuel ratios at stoichiometry, an acceptable diagnostic design would
identify a malfunction whenever the air-fuel ratio does not cross
stoichiometry for one minute of intended closed-loop operation. You may
use other diagnostic strategies if we approve them in advance.
    (2) If the protocol described in paragraph (a)(1) of this section
does not apply to your engine, you must use an alternative approach
that we approve in advance. Your alternative approach must generally
detect when the emission control system is not functioning properly.
    (3) Diagnostic systems approved by the California Air Resources
Board for use with sterndrive/inboard engines fully satisfy the
requirements of this section.
    (b) Use a malfunction indicator. The malfunction indicator must be
designed such that the operator can readily see or hear it; visible
signals may be any color except red. Visible malfunction indicators
must display ``Check Engine,'' ``Service Engine Soon,'' or a similar
message that we approve. The malfunction indicator must go on under
each of the following circumstances:
    (1) When a malfunction occurs, as described in paragraph (a) of
this section.
    (2) When the diagnostic system cannot send signals to meet the
requirement of paragraph (b)(1) of this section.
    (3) When the engine's ignition is in the ``key-on'' position before
starting or cranking. The malfunction indicator should turn off after
engine starting if the system detects no malfunction.
    (c) Control when the malfunction can turn off. If the malfunction
indicator goes on to show a malfunction, it must remain on during all
later engine operation until servicing corrects the malfunction. If the
engine is not serviced, but the malfunction does not recur for three
consecutive engine starts during which the malfunctioning system is
evaluated and found to be working properly, the malfunction indicator
may stay off during later engine operation.
    (d) Store trouble codes in computer memory. Record and store in
computer memory any diagnostic trouble codes showing a malfunction that
should activate the malfunction indicator. The stored codes must
identify the malfunctioning system or component as uniquely as
possible. Make these codes available through the data link connector as
described in paragraph (g) of this section. You may store codes for
conditions that do not activate the malfunction indicator. The system
must store a separate code to show when the diagnostic system is
disabled (from malfunction or tampering).
    (e) Make data, access codes, and devices accessible. Make all
required data accessible to us without any access codes or devices that
only you can supply. Ensure that anyone servicing your engine can read
and understand the diagnostic trouble codes stored in the onboard
computer with generic tools and information.
    (f) Consider exceptions for certain conditions. Your diagnostic
systems may disregard trouble codes for the first three minutes after
engine starting. You may ask us to approve diagnostic-system designs
that disregard trouble codes under other conditions that would produce
an unreliable reading, damage systems or components, or cause other
safety risks.
    (g) Follow standard references for formats, codes, and connections.
Follow conventions defined in SAE J1939-05 (incorporated by reference
in Sec.  1045.810) or ask us to approve using updated versions of (or
variations from) this standard.

Sec.  1045.112  What are the standards for evaporative emissions?

    Fuel systems must meet the evaporative emission requirements of 40
CFR part 1060 as specified in this section. These standards apply over
a useful life period of five years for personal watercraft and ten
years for all other vessels and for portable marine fuel tanks.
    (a) Fuel line permeation. Nonmetal fuel lines must meet the
permeation requirements specified in 40 CFR 1060.102 for EPA NRFL fuel
lines as described in this paragraph (a).
    (1) Except as specified in paragraphs (a)(2) and (3) of this
section, the emission standard for fuel lines starts for vessels or
portable marine fuel tanks with a date of manufacture on or after
January 1, 2009.
    (2) The emission standard for primer bulbs applies starting January
1, 2011.
    (3) The emission standard for under-cowl fuel lines used with
outboard engines apply over a phase-in period as specified in this
paragraph (a)(3).
    (i) Except as specified in paragraph (a)(3)(ii) of this section,
the phase-in period is based on total length of fuel lines as specified
in Table 1 to this section. For example, at least 30 percent of the
length of under-cowl fuel lines used on your full lineup of 2010 model
year outboard engines must meet the specified permeation standards. See
Sec.  1045.145(k) for administrative requirements related to this
phase-in.

 Table 1 to Sec.   1045.112--phase-in Schedule for Under-Cowl Fuel Lines
                           on Outboard Engines
------------------------------------------------------------------------
                                                              Percentage
                         Model year                            phase-in
------------------------------------------------------------------------
2010.......................................................           30
2011.......................................................           60
2012-2014..................................................           90
2015+......................................................          100
------------------------------------------------------------------------

    (ii) You may instead meet the permeation standards of this
paragraph (a) by complying with the specified standards with 100
percent of your under-cowl fuel lines across your full lineup of 2011
model year outboard engines. In this case, the requirements of this
part would not apply to under-cowl fuel lines before the 2011 model
year. To use this option, you must notify the Designated Compliance
Officer before December 31, 2009 of your intent to meet permeation
standards on all your under-cowl fuel lines in the 2011 model year.
    (b) Tank permeation. Fuel tanks must meet the permeation
requirements specified in 40 CFR 1060.103. Portable marine fuel tanks
must meet permeation standards starting January 1, 2011. Fuel tanks for
personal watercraft must meet permeation standards starting in the 2011
model year. Other installed fuel tanks must meet permeation standards
starting in the 2012 model year. Vessel manufacturers may generate or
use emission credits to show compliance with the requirements of this
paragraph under the averaging, banking, and trading (ABT) program, as
described in subpart H of this part. Starting in the 2014 model year
for personal watercraft and in the 2015 model year for other

installed fuel tanks, family emission limits may not exceed 5.0 g/m\2\/
day if testing occurs at a nominal temperature of 28 [deg]C, or 8.3 g/
m\2\/day if testing occurs at a nominal temperature of 40 [deg]C. These
FEL caps do not apply to fuel caps that are certified separately to
meet permeation standards. Portable marine fuel tank manufacturers may
not generate or use emission credits under subpart H of this part.
    (c) Running loss. The running loss requirements specified in 40 CFR
part 1060 do not apply.
    (d) Diurnal emissions. Installed fuel tanks must meet the diurnal
emission requirements specified in 40 CFR 1060.105. Fuel tanks for
personal watercraft must meet diurnal emission standards starting in
the 2010 model year. Other installed fuel tanks must meet diurnal
emission standards for vessels produced on or after July 31, 2011,
except as allowed by Sec.  1045.625. Fuel tanks meeting the definition
of portable marine fuel tank in Sec.  1045.801 must comply with the
diurnal requirements specified in 40 CFR part 1060 starting January 1,
2010.
    (e) Other requirements. The requirements of 40 CFR 1060.101(e) and
(f) apply to vessel manufacturers even if they do not obtain a
certificate.
    (f) Engine manufacturers. To the extent that engine manufacturers
produce engines with fuel lines or fuel tanks, those fuel-system
components must meet the requirements specified in this section. The
timing of new standards is based on the date of manufacture of the
engine.

Sec.  1045.115  What other requirements apply?

    The following requirements apply with respect to engines that are
required to meet the emission standards of this part:
    (a) Crankcase emissions. Crankcase emissions may not be discharged
directly into the ambient atmosphere from any engine throughout its
useful life.
    (b) Torque broadcasting. Starting in the 2013 model year,
electronically controlled engines must broadcast their speed and output
shaft torque (in newton-meters). Engines may alternatively broadcast a
surrogate value for determining torque. Engines must broadcast engine
parameters such that they can be read with a remote device, or
broadcast them directly to their controller area networks. Your
broadcasting protocol must allow for valid measurements using the
field-testing procedures in 40 CFR part 1065, subpart J.
    (c) EPA access to broadcast information. If we request it, you must
provide us any hardware or tools we would need to readily read,
interpret, and record all information broadcast by an engine's on-board
computers and electronic control modules. If you broadcast a surrogate
parameter for torque values, you must provide us what we need to
convert these into torque units. We will not ask for hardware or tools
if they are readily available commercially.
    (d) Altitude adjustments. Engines must meet applicable emission
standards for valid tests conducted under the ambient conditions
specified in 40 CFR 1065.520. Engines must meet applicable emission
standards at all specified atmospheric pressures, except that for
atmospheric pressures below 94.0 kPa you may rely on an altitude kit
for all testing if you meet the requirements specified in Sec.
1054.205(s). If your rely on an altitude kit for certification, you
must identify in the owners manual the altitude range for which you
expect proper engine performance and emission control with and without
the altitude kit; you must also state in the owners manual that
operating the engine with the wrong engine configuration at a given
altitude may increase its emissions and decrease fuel efficiency and
performance.
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. An operating parameter is not considered
adjustable if you permanently seal it or if it is not normally
accessible using ordinary tools. We may require that you set adjustable
parameters to any specification within the adjustable range during any
testing, including certification testing, production-line testing, or
in-use testing.
    (f) Prohibited controls. You may not design your engines with
emission-control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating. For example, this would apply if the engine emits a
noxious or toxic substance it would otherwise not emit that contributes
to such an unreasonable risk.
    (g) Defeat devices. You may not equip your engines with a defeat
device. A defeat device is an auxiliary emission control device that
reduces the effectiveness of emission controls under conditions that
the engine may reasonably be expected to encounter during normal
operation and use. This does not apply for altitude kits installed or
removed consistent with Sec.  1045.655. This also does not apply to
auxiliary emission control devices you identify in your application for
certification if any of the following is true:
    (1) The conditions of concern were substantially included in the
applicable duty-cycle test procedures described in subpart F of this
part.
    (2) You show your design is necessary to prevent engine (or vessel)
damage or accidents. For example, you may design your engine to include
emergency operating modes (sometimes known as limp-home operation) that
would allow a vessel to return to land in the event of a malfunction
even if such operating modes result in higher emissions.
    (3) The reduced effectiveness applies only to starting the engine.

Sec.  1045.120  What emission-related warranty requirements apply to
me?

    (a) General requirements. You must warrant to the ultimate
purchaser and each subsequent purchaser that the new engine, including
all parts of its emission control system, meets two conditions:
    (1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid
during the periods specified in this paragraph (b). You may offer an
emission-related warranty more generous than we require. The emission-