accumulated targeted aged miles.
    (b) Operate the powertrain over the SET, FTP, and LLC as defined in
40 CFR 1036.505, 1036.510(a)(2), and 1036.512, while measuring FCV and
fuel cell current (FCC) upstream of any RESS, if present.
    (c) Determine FCV, by taking the mean of the FCV when the FCC is
between 55% and 65% of rated stack current, using the data collected in
paragraph (b) of this section. Determine a declared that is at or below
the corresponding value determined in this paragraph (c). This declared
serves as the FCV that must be submitted under Sec.  1037.205(q)(2).
    (d) Determine the transient cycle conversion factor,
CFFCEV, in hp [middot] hr/mile. This represents the average
work performed over the test interval for use in the credit calculation
for fuel cell vehicles in Sec.  1037.616.
[GRAPHIC] [TIFF OMITTED] TP28MR22.104

Where:

WHDTC = total (integrated) work generated over the hot-
start HDTC test interval from the FTP test.
D = duty-cycle distance for engine subject to compression-ignition
standards from the CF determination for the emission credit
calculation in 40 CFR 1036.705 = 6.5 miles.

Example:

WHDTC = 31.71 hp [middot] hr
D = 6.5 miles
[GRAPHIC] [TIFF OMITTED] TP28MR22.105

0
117. Amend Sec.  1037.555 by revising paragraph (g) to read as follows:

Sec.  1037.555  Special procedures for testing Phase 1 hybrid systems.

* * * * *
    (g) The driver model should be designed to follow the cycle as
closely as possible and must meet the requirements of Sec.  1037.510
for steady-state testing and 40 CFR 1066.425 for transient testing. The
driver model should be designed so that the brake and throttle are not
applied at the same time.
* * * * *
0
118. Amend Sec.  1037.601 by revising paragraph (a)(1) to read as
follows:

Sec.  1037.601  General compliance provisions.

    (a) * * *
    (1) Except as specifically allowed by this part or 40 CFR part
1068, it is a violation of 40 CFR 1068.101(a)(1) to introduce into U.S.
commerce a tractor or vocational vehicle that is not certified to the
applicable requirements of this part. Similarly, it is a violation of
40 CFR 1068.101(a)(1) to introduce into U.S. commerce a tractor or
vocational vehicle containing an engine that is not certified to the
applicable requirements of 40 CFR part 86 or 1036. Further, it is a
violation to introduce into U.S. commerce a Phase 1 tractor containing
an engine not certified for use in tractors; or to introduce into U.S.
commerce a vocational vehicle containing a Light HDE or Medium HDE not
certified for use in vocational vehicles. These prohibitions apply
especially to the vehicle manufacturer. Note that this paragraph (a)(1)
allows the use of Heavy heavy-duty tractor engines in vocational
vehicles.
* * * * *
0
119. Amend Sec.  1037.605 by revising paragraphs (a) introductory text
and (a)(4) to read as follows:

Sec.  1037.605  Installing engines certified to alternate standards for
specialty vehicles.

    (a) General provisions. This section allows vehicle manufacturers
to introduce into U.S. commerce certain new motor vehicles using
engines certified to alternate emission standards specified in 40 CFR
1036.605 for motor vehicle engines used in specialty vehicles. You may
not install an engine certified to these alternate standards if there
is an engine certified to the full set of requirements of 40 CFR part
1036 that has the appropriate physical and performance characteristics
to power the vehicle. Note that, although these alternate emission
standards are mostly equivalent to standards that apply for nonroad
engines under 40 CFR part 1039 or 1048, they are specific to motor
vehicle engines. The provisions of this section apply for the following
types of specialty vehicles:
* * * * *
    (4) Through model year 2027, vehicles with a hybrid powertrain in
which the engine provides energy only for the Rechargeable Energy
Storage System.
* * * * *
0
120. Amend Sec.  1037.615 by revising paragraph (f) to read as follows:

Sec.  1037.615  Advanced technologies.

* * * * *
    (f) For electric vehicles and for fuel cells powered by hydrogen,
calculate CO2 credits using an FEL of 0 g/ton-mile. Note
that these vehicles are subject to compression-ignition standards for
CO2.
* * * * *
0
121. Add Sec.  1037.616 to subpart G to read as follows:

Sec.  1037.616  NOX credits for electric vehicles and fuel cell
vehicles.

    Starting in model year 2024, electric vehicles and fuel cell
vehicles may generate NOX credits for certifying heavy-duty
engines under 40 CFR part 1036 as follows:
    (a) Calculate NOX credits as described in 40 CFR
1036.705 based on the following values:
    (1) Select a useful life value as specified in Sec.  1037.102(b).
    (2) Select the family emission limit that represents the
NOX emission standards that the vehicle will meet throughout
the vehicle's useful life.
    (3) Use the NOX emission standard that applies as
specified in Sec.  1037.102(b) for engines tested over the FTP duty
cycle corresponding to the vehicle's model year.
    (4) For ``volume'', use the number of vehicles generating emission
credits within each averaging set specified in Sec.  1037.740 during
the model year.
    (5) Determine conversion factors, CF, in hp [middot] hr/mile using
the procedures specified in Sec. Sec.  1037.552 and 1037.554.
    (b) You may use NOX credits generated under this section
as specified in 40 CFR 1036.741.
0
122. Amend Sec.  1037.635 by revising paragraph (b)(2) to read as
follows:

Sec.  1037.635  Glider kits and glider vehicles.

* * * * *
    (b) * * *
    (2) The engine must meet the criteria pollutant standards of 40 CFR
part 86 or 40 CFR part 1036 that apply for the engine model year
corresponding to the vehicle's date of manufacture.
* * * * *

0
123. Amend Sec.  1037.705 by revising paragraph (b) to read as follows:

Sec.  1037.705  Generating and calculating emission credits.

* * * * *
    (b) For each participating family or subfamily, calculate positive
or negative emission credits relative to the otherwise applicable
emission standard. Calculate positive emission credits for a family or
subfamily that has an FEL below the standard. Calculate negative
emission credits for a family or subfamily that has an FEL above the
standard. Sum your positive and negative credits for the model year
before rounding. Round the sum of emission credits to the nearest
megagram (Mg), using consistent units with the following equation:

Emission credits (Mg) = (Std-FEL) [middot] PL [middot] Volume [middot]
UL [middot] 10-6

Where:

Std = the emission standard associated with the specific regulatory
subcategory (g/ton-mile).
FEL = the family emission limit for the vehicle subfamily (g/ton-
mile).
PL = standard payload, in tons.
Volume = U.S.-directed production volume of the vehicle subfamily.
For example, if you produce three configurations with the same FEL,
the subfamily production volume would be the sum of the production
volumes for these three configurations.
UL = useful life of the vehicle, in miles, as described in
Sec. Sec.  1037.105 and 1037.106. Use 250,000 miles for trailers.
* * * * *
0
124. Amend Sec.  1037.725 by revising the section heading to read as
follows:

Sec.  1037.725  Required information for certification.

* * * * *
0
125. Amend Sec.  1037.730 by revising paragraphs (a), (b) introductory
text, (c), and (f) to read as follows:

Sec.  1037.730  ABT reports.

    (a) If you certify any vehicle families using the ABT provisions of
this subpart, send us a final report by September 30 following the end
of the model year.
    (b) Your report must include the following information for each
vehicle family participating in the ABT program:
* * * * *
    (c) Your report must include the following additional information:
    (1) Show that your net balance of emission credits from all your
participating vehicle families in each averaging set in the applicable
model year is not negative, except as allowed under Sec.  1037.745.
Your credit tracking must account for the limitation on credit life
under Sec.  1037.740(c).
    (2) State whether you will retain any emission credits for banking.
If you choose to retire emission credits that would otherwise be
eligible for banking, identify the families that generated the emission
credits, including the number of emission credits from each family.
    (3) State that the report's contents are accurate.
    (4) Identify the technologies that make up the certified
configuration associated with each vehicle identification number. You
may identify this as a range of identification numbers for vehicles
involving a single, identical certified configuration.
* * * * *
    (f) Correct errors in your report as follows:
    (1) If you or we determine by September 30 after the end of the
model year that errors mistakenly decreased your balance of emission
credits, you may correct the errors and recalculate the balance of
emission credits. You may not make these corrections for errors that
are determined later than September 30 after the end of the model year.
If you report a negative balance of emission credits, we may disallow
corrections under this paragraph (f)(1).
    (2) If you or we determine any time that errors mistakenly
increased your balance of emission credits, you must correct the errors
and recalculate the balance of emission credits.
0
126. Amend Sec.  1037.735 by revising paragraph (b) to read as follows:

Sec.  1037.735  Recordkeeping.

* * * * *
    (b) Keep the records required by this section for at least eight
years after the due date for the final report. You may not use emission
credits for any vehicles if you do not keep all the records required
under this section. You must therefore keep these records to continue
to bank valid credits.
* * * * *
0
127. Amend Sec.  1037.740 by revising paragraph (b) to read as follows:

Sec.  1037.740  Restrictions for using emission credits.

* * * * *
    (b) Credits from hybrid vehicles and other advanced technologies.
The following provisions apply for credits you generate under Sec.
1037.615.
    (1) Credits generated from Phase 1 vehicles may be used for any of
the averaging sets identified in paragraph (a) of this section; you may
also use those credits to demonstrate compliance with the CO2 emission
standards in 40 CFR 86.1819 and 40 CFR part 1036. Similarly, you may
use Phase 1 advanced-technology credits generated under 40 CFR 86.1819-
14(k)(7) or 40 CFR 1036.615 to demonstrate compliance with the CO2
standards in this part. The maximum amount of advanced-technology
credits generated from Phase 1 vehicles that you may bring into each of
the following service class groups is 60,000 Mg per model year:
    (i) Spark-ignition HDE, Light HDE, and Light HDV. This group
comprises the averaging set listed in paragraph (a)(1) of this section
and the averaging set listed in 40 CFR 1036.740(a)(1) and (2).
    (ii) Medium HDE and Medium HDV. This group comprises the averaging
sets listed in paragraph (a)(2) of this section and 40 CFR
1036.740(a)(3).
    (iii) Heavy HDE and Heavy HDV. This group comprises the averaging
sets listed in paragraph (a)(3) of this section and 40 CFR
1036.740(a)(4).
    (iv) This paragraph (b)(1) does not limit the advanced-technology
credits that can be used within a service class group if they were
generated in that same service class group.
    (2) Credits generated from Phase 2 vehicles are subject to all the
averaging-set restrictions that apply to other emission credits.
* * * * *
0
128. Amend Sec.  1037.801 by:
0
a. Adding definitions for ``Charge-depleting'', and ``Charge-
sustaining'' in alphabetical order.
0
b. Revising the definitions of ``Designated Compliance Officer''.
0
c. Adding a definition for ``Emission-related component'' in
alphabetical order.
0
d. Revising the definitions for ``Low rolling resistance tire'',
``Neutral coasting'', ``Rechargeable Energy Storage System (RESS)'',
and ``Tire rolling resistance level (TRRL)''.
    The additions and revisions read as follows:

Sec.  1037.801  Definitions.

* * * * *
    Charge-depleting has the meaning given in 40 CFR 1066.1001.
    Charge-sustaining has the meaning given in 40 CFR 1066.1001.
* * * * *
    Designated Compliance Officer means one of the following:
    (1) For compression-ignition engines, Designated Compliance Officer
means Director, Diesel Engine Compliance Center, U.S. Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
[email protected]; www.epa.gov/ve-certification.

    (2) For spark-ignition engines, Designated Compliance Officer means
Director, Gasoline Engine Compliance Center, U.S. Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
[email protected]; www.epa.gov/ve-certification.
* * * * *
    Emission-related component has the meaning given in 40 CFR part
1068, appendix A.
* * * * *
    Low rolling resistance tire means a tire on a vocational vehicle
with a TRRL at or below of 7.7 N/kN, a steer tire on a tractor with a
TRRL at or below 7.7 N/kN, a drive tire on a tractor with a TRRL at or
below 8.1 N/kN, a tire on a non-box trailer with a TRRL at or below of
6.5 N/kN, or a tire on a box van with a TRRL at or below of 6.0 N/kN.
* * * * *
    Neutral coasting means a vehicle technology that automatically puts
the transmission in neutral when the vehicle has minimal power demand
while in motion, such as driving downhill.
* * * * *
    Rechargeable Energy Storage System (RESS) has the meaning given in
40 CFR 1065.1001.
* * * * *
    Tire rolling resistance level (TRRL) means a value with units of N/
kN that represents the rolling resistance of a tire configuration.
TRRLs are used as modeling inputs under Sec. Sec.  1037.515 and
1037.520. Note that a manufacturer may use the measured value for a
tire configuration's coefficient of rolling resistance, or assign some
higher value.
* * * * *
0
129. Amend Sec.  1037.805 by revising paragraphs (a), (b), (d), (e),
and (g) to read as follows:

Sec.  1037.805  Symbols, abbreviations, and acronyms.

* * * * *
    (a) Symbols for chemical species. This part uses the following
symbols for chemical species and exhaust constituents:

    Table 1 to Paragraph (a) of Sec.   1037.805--Symbols for Chemical
                    Species and Exhaust Constituents
------------------------------------------------------------------------
                  Symbol                               Species
------------------------------------------------------------------------
C.........................................  carbon.
CH4.......................................  methane.
CO........................................  carbon monoxide.
CO2.......................................  carbon dioxide.
H2O.......................................  water.
HC........................................  hydrocarbon.
NMHC......................................  nonmethane hydrocarbon.
NMHCE.....................................  nonmethane hydrocarbon
                                             equivalent.
NO........................................  nitric oxide.
NO2.......................................  nitrogen dioxide.
NOX.......................................  oxides of nitrogen.
N2O.......................................  nitrous oxide.
PM........................................  particulate matter.
THC.......................................  total hydrocarbon.
THCE......................................  total hydrocarbon
                                             equivalent.
------------------------------------------------------------------------

    (b) Symbols for quantities. This part 1037 uses the following
symbols and units of measure for various quantities:

                       Table 2 to Paragraph (b) of Sec.   1037.805--Symbols for Quantities
----------------------------------------------------------------------------------------------------------------
                                                                                Unit in terms of SI base
      Symbol             Quantity             Unit                 Unit symbol                    units
----------------------------------------------------------------------------------------------------------------
A.................  vehicle            pound force or     lbf or N....................  kg[middot]m[middot]s-2.
                     frictional load.   newton.
a.................  axle position
                     regression
                     coefficient.
[alpha]...........  atomic hydrogen-   mole per mole....  mol/mol.....................  1.
                     to-carbon ratio.
[alpha]...........  axle position
                     regression
                     coefficient.
[alpha]0..........  intercept of air
                     speed correction.
[alpha]1..........  slope of air
                     speed correction.
ag................  acceleration of    meters per second  m/s2........................  m[middot]s-2.
                     Earth's gravity.   squared.
a0................  intercept of
                     least squares
                     regression.
a1................  slope of least
                     squares
                     regression.
B.................  vehicle load from  pound force per    lbf/(mi/hr) or N[middot]s/m.  kg[middot]s-1.
                     drag and rolling   mile per hour or
                     resistance.        newton second
                                        per meter.
b.................  axle position
                     regression
                     coefficient.
[beta]............  atomic oxygen-to-  mole per mole....  mol/mol.....................  1.
                     carbon ratio.
[beta]............  axle position
                     regression
                     coefficient.
[beta]0...........  intercept of air
                     direction
                     correction.
[beta]1...........  slope of air
                     direction
                     correction.
Beff..............  estimated battery
                     efficiency.
C.................  vehicle-specific   pound force per    lbf/mph2 or N[middot]s2/m2..  kg[middot]m-1.
                     aerodynamic        mile per hour
                     effects.           squared or
                                        newton-second
                                        squared per
                                        meter squared.
C.................  current of one     ampere per hour..  kA[middot]hr................  3.6 kA[middot]s.
                     ampere flowing
                     for one hour.
c.................  axle position
                     regression
                     coefficient.
ci................  axle test
                     regression
                     coefficients.
Ci................  constant.........
[Delta]CdA........  differential drag  meter squared....  m2..........................  m2.
                     area.
CdA...............  drag area........  meter squared....  m2..........................  m2.
Cd................  drag coefficient.
CF................  correction factor
CF................  conversion factor
CR................  charge recovery..
Crr...............  coefficient of     newton per         N/kN........................  10-3.
                     rolling            kilonewton.
                     resistance.
D.................  distance.........  miles or meters..  mi or m.....................  m.
E.................  energy...........  kilowatt-hour....  kW[middot]hr................  3.6[middot]m2[middot]kg[
                                                                                middot]s-1.
e.................  mass-weighted      grams per ton-     g/ton-mi....................  g/kg-km.
                     emission result.   mile.
EC................  energy             kilowatt-hour per  kW[middot]hr/mi.............  3.6[middot]m2[middot]kg[
                     consumption.       mile.                                            middot]s-1[middot]mi-1.
Eff...............  efficiency.......
F.................  adjustment factor

F.................  force............  pound force or     lbf or N....................  kg[middot]m[middot]s-2.
                                        newton.
fn................  angular speed      revolutions per    r/min.......................  [pi][middot]30[middot]s-
                     (shaft).           minute.                                          1.
G.................  road grade.......  percent..........  %...........................  10-2.
g.................  gravitational      meters per second  m/s2........................  m[middot]s-2.
                     acceleration.      squared.
h.................  elevation or       meters...........  m...........................  m.
                     height.
I.................  current..........  amphere..........  A...........................  A.
i.................  indexing variable
ka................  drive axle ratio.  .................  ............................  1.
kd................  transmission gear
                     ratio.
ktopgear..........  highest available
                     transmission
                     gear.
L.................  load over axle...  pound force or     lbf or N....................  kg[middot]m[middot]s-2.
                                        newton.
m.................  mass.............  pound mass or      lbm or kg...................  kg.
                                        kilogram.
M.................  molar mass.......  gram per mole....  g/mol.......................  10-3[middot]kg[middot]mo
                                                                                l-1.
M.................  total number in
                     series.
M.................  vehicle mass.....  kilogram.........  kg..........................  kg.
Me................  vehicle effective  kilogram.........  kg..........................  kg.
                     mass.
Mrotating.........  inertial mass of   kilogram.........  kg..........................  kg.
                     rotating
                     components.
N.................  total number in
                     series.
n.................  number of tires..
n.................  amount of          mole per second..  mol/s.......................  mol[middot]s-1.
                     substance rate.
Q.................  total number in
                     series.
P.................  power............  kilowatt.........  kW..........................  103[middot]m2[middot]kg[
                                                                                middot]s-3.
p.................  pressure.........  pascal...........  Pa..........................  kg[middot]m-1[middot]s-
                                                                                2.
[rho].............  mass density.....  kilogram per       kg/m3.......................  kg[middot]m-3.
                                        cubic meter.
PL................  payload..........  tons.............  ton.........................  kg.
[phis]............  direction........  degrees..........  [deg].......................  [deg].
[Psi].............  direction........  degrees..........  [deg].......................  [deg].
R.................  range............  miles or meters..  mi or m.....................  m.
r.................  tire radius......  meter............  m...........................  m.
r2................  coefficient of
                     determination.
Re...............  Reynolds number..
SEE...............  standard error of
                     the estimate.
[sigma]...........  standard
                     deviation.
TRPM..............  tire revolutions   revolutions per    r/mi........................
                     per mile.          mile.
TRRL..............  tire rolling       newton per         N/kN........................  10-3.
                     resistance level.  kilonewton.
T.................  absolute           kelvin...........  K...........................  K.
                     temperature.
T.................  Celsius            degree Celsius...  [deg]C......................  K-273.15.
                     temperature.
T.................  torque (moment of  newton meter.....  N[middot]m..................  m2[middot]kg[middot]s-2.
                     force).
t.................  time.............  hour or second...  hr or s.....................  s.
[Delta]t..........  time interval,     second...........  s...........................  s.
                     period, 1/
                     frequency.
UBE...............  useable battery    watt-hour........  W[middot]hr.................  3600[middot]m2[middot]kg
                     energy.                                                             [middot]s-1.
UF................  utility factor...
V.................  voltage..........  volts............  V...........................  kg[middot]m2[middot]s-
                                                                                3[middot]A-1.
v.................  speed............  miles per hour or  mi/hr or m/s................  m[middot]s-1.
                                        meters per
                                        second.
w.................  weighting factor.
w.................  wind speed.......  miles per hour...  mi/hr.......................  m[middot]s-1.
W.................  work.............  kilowatt-hour....  kW[middot]hr................  3.6[middot]m2[middot]kg[
                                                                                middot]s-1.
wC................  carbon mass        Gram per gram....  g/g.........................  1.
                     fraction.
WR................  weight reduction.  pound mass.......  lbm.........................  kg.
x.................  amount of          mole per mole....  mol/mol.....................  1.
                     substance mole
                     fraction.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) Subscripts. This part uses the following subscripts for
modifying quantity symbols:

                             Table 4 to Paragraph (d) of Sec.   1037.805--Subscripts
----------------------------------------------------------------------------------------------------------------
            Subscript                                                 Meaning
----------------------------------------------------------------------------------------------------------------
6....................  6[deg] yaw angle sweep.
A................................  A speed.
AC...............................  alternating current.
ACRC.............................  alternating current recharge.
air..............................  air.
aero.............................  aerodynamic.
alt..............................  alternative.
act..............................  actual or measured condition.
air..............................  air.

axle.............................  axle.
B................................  B speed.
BEV..............................  battery electric vehicle.
brake............................  brake.
C................................  C speed.
Ccombdry.........................  carbon from fuel per mole of dry exhaust.
CD...............................  charge-depleting.
circuit..........................  circuit.
CO2DEF...........................  CO2 resulting from diesel exhaust fluid decomposition.
CO2PTO...........................  CO2 emissions for PTO cycle.
coastdown........................  coastdown.
comp.............................  composite.
CS...............................  charge-sustaining.
CSC..............................  constant-speed cycle.
CSCM.............................  constant-speed cycle midpoint.
cycle............................  test cycle.
D................................  distance.
DC...............................  direct current.
DCD..............................  direct current discharge.
DCRC.............................  direct current recharge.
drive............................  drive axle.
drive-idle.......................  idle with the transmission in drive.
driver...........................  driver.
dyno.............................  dynamometer.
E................................  end-of-test.
effective........................  effective.
end..............................  end.
eng..............................  engine.
factor...........................  factor.
FCEV.............................  fuel cell electric vehicle.
est..............................  estimate.
event............................  event.
FTP..............................  Federal Test Procedure.
fuel.............................  fuel.
full.............................  full.
grade............................  grade.
H2Oexhaustdry....................  H2O in exhaust per mole of exhaust.
HDTC.............................  Heavy-Duty Transient Cycle.
hi...............................  high.
i................................  an individual of a series.
idle.............................  idle.
in...............................  inlet.
inc..............................  increment.
j................................  an individual of a series.
k................................  an individual of a series.
LLC..............................  Low Load Cycle.
lo...............................  low.
loss.............................  loss.
M................................  midpoint.
max..............................  maximum.
meas.............................  measured quantity.
med..............................  median.
min..............................  minimum.
moving...........................  moving.
out..............................  outlet.
P................................  power.
pair.............................  pair of speed segments.
parked-idle......................  idle with the transmission in park.
partial..........................  partial.
ploss............................  power loss.
plug-in..........................  plug-in hybrid electric vehicle.
powertrain.......................  powertrain.
PTO..............................  power take-off.
R................................  range.
rated............................  rated speed.
RC...............................  recharge.
record...........................  record.
ref..............................  reference quantity.
RL...............................  road load.
rotating.........................  rotating.
seg..............................  segment.
SET..............................  Supplemental Emission Test.

speed............................  speed.
spin.............................  axle spin loss.
start............................  start.
steer............................  steer axle.
t................................  tire.
test.............................  test.
th...............................  theoretical.
total............................  total.
trac.............................  traction.
trac10...........................  traction force at 10 mi/hr.
trailer..........................  trailer axle.
transient........................  transient.
TRR..............................  tire rolling resistance.
UF...............................  utility factor.
urea.............................  urea.
veh..............................  vehicle.
w................................  wind.
wa...............................  wind average.
yaw..............................  yaw angle.
ys...............................  yaw sweep.
zero.............................  zero quantity.
----------------------------------------------------------------------------------------------------------------

    (e) Other acronyms and abbreviations. This part uses the following
additional abbreviations and acronyms:

                  Table 5 to Paragraph (e) of Sec.   1037.805--Other Acronyms and Abbreviations
----------------------------------------------------------------------------------------------------------------
             Acronym                                                  Meaning
----------------------------------------------------------------------------------------------------------------
ABT..............................  averaging, banking, and trading.
AC...............................  alternating current.
AECD.............................  auxiliary emission control device.
AES..............................  automatic engine shutdown.
APU..............................  auxiliary power unit.
CD...............................  charge-depleting.
CFD..............................  computational fluid dynamics.
CFR..............................  Code of Federal Regulations.
CITT.............................  curb idle transmission torque.
CS...............................  charge-sustaining.
CSC..............................  constant-speed cycle.
DC...............................  direct current.
DOT..............................  Department of Transportation.
ECM..............................  electronic control module.
EPA..............................  Environmental Protection Agency.
FCC..............................  fuel cell current.
FCV..............................  fuel cell voltage.
FE...............................  fuel economy.
FEL..............................  Family Emission Limit.
FTP..............................  Federal Test Procedure.
GAWR.............................  gross axle weight rating.
GCWR.............................  gross combination weight rating.
GEM..............................  greenhouse gas emission model.
GVWR.............................  gross vehicle weight rating.
HDTC.............................  Heavy-Duty Transient Cycle.
Heavy HDE........................  heavy heavy-duty engine (see 40 CFR 1036.140).
Heavy HDV........................  heavy heavy-duty vehicle (see Sec.   1037.140).
HVAC.............................  heating, ventilating, and air conditioning.
ISO..............................  International Organization for Standardization.
Light HDE........................  light heavy-duty engine (see 40 CFR 1036.140).
Light HDV........................  light heavy-duty vehicle (see Sec.   1037.140).
LLC..............................  Low Load Cycle.
MCT..............................  Multicycle Test.
Medium HDE.......................  medium heavy-duty engine (see 40 CFR 1036.140).
Medium HDV.......................  medium heavy-duty vehicle (see Sec.   1037.140).
NARA.............................  National Archives and Records Administration.
NHTSA............................  National Highway Transportation Safety Administration.
PHEV.............................  plug-in hybrid electric vehicle.
PTO..............................  power take-off.
RESS.............................  rechargeable energy storage system.

SAE..............................  SAE International.
SCT..............................  single cycle test.
SEE..............................  standard error of the estimate.
SET..............................  Supplemental Emission Test.
SKU..............................  stock-keeping unit.
Spark-ignition HDE...............  spark-ignition heavy-duty engine (see 40 CFR 1036.140).
TRPM.............................  tire revolutions per mile.
TRRL.............................  tire rolling resistance level.
UBE..............................  useable battery energy.
U.S.C............................  United States Code.
VSL..............................  vehicle speed limiter.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (g) Prefixes. This part uses the following prefixes to define a
quantity:

          Table 7 to Paragraph (g) of Sec.   1037.805--Prefixes
------------------------------------------------------------------------
             Symbol                    Quantity              Value
------------------------------------------------------------------------
[micro].........................  micro.............  10-6
m...............................  milli.............  10-3
c...............................  centi.............  10-2
k...............................  kilo..............  103
M...............................  mega..............  106
------------------------------------------------------------------------

0
130. Amend Sec.  1037.810 by revising paragraphs (a) and (e) and adding
paragraph (f) to read as follows:

Sec.  1037.810  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, the Environmental Protection
Agency (EPA) must publish a document in the Federal Register and the
material must be available to the public. All approved material is
available for inspection at the EPA and at the National Archives and
Records Administration (NARA). Contact EPA at: U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave. NW,
Room B102, EPA West Building, Washington, DC 20460, www.epa.gov/dockets,<PHONE_NUMBER>. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs of this
section.
* * * * *
    (e) SAE International, 400 Commonwealth Dr., Warrendale, PA 15096-
0001,<PHONE_NUMBER> (U.S. and Canada) or<PHONE_NUMBER> (outside the
U.S. and Canada), www.sae.org.
    (1) SAE J1025, Test Procedures for Measuring Truck Tire Revolutions
Per Kilometer/Mile, Stabilized August 2012, (``SAE J1025''); IBR
approved for Sec.  1037.520(c).
    (2) SAE J1252, SAE Wind Tunnel Test Procedure for Trucks and Buses,
Revised July 2012, (``SAE J1252''); IBR approved for Sec. Sec.
1037.525(b); 1037.530(a).
    (3) SAE J1263, Road Load Measurement and Dynamometer Simulation
Using Coastdown Techniques, revised March 2010, (``SAE J1263''); IBR
approved for Sec. Sec.  1037.528 introductory text, (a), (b), (c), (e),
and (h); 1037.665(a).
    (4) SAE J1594, Vehicle Aerodynamics Terminology, Revised July 2010,
(``SAE J1594''); IBR approved for Sec.  1037.530(d).
    (5) SAE J2071, Aerodynamic Testing of Road Vehicles--Open Throat
Wind Tunnel Adjustment, Revised June 1994, (``SAE J2071''); IBR
approved for Sec.  1037.530(b).
    (6) SAE J2263, Road Load Measurement Using Onboard Anemometry and
Coastdown Techniques, Revised May 2020, (``SAE J2263''); IBR approved
for Sec. Sec.  1037.528 introductory text, (a), (b), (d), and (f);
1037.665(a).
    (7) SAE J2343, Recommended Practice for LNG Medium and Heavy-Duty
Powered Vehicles, Revised July 2008, (``SAE J2343''); IBR approved for
Sec.  1037.103(e).
    (8) SAE J2452, Stepwise Coastdown Methodology for Measuring Tire
Rolling Resistance, Revised June 1999, (``SAE J2452''); IBR approved
for Sec.  1037.528(h).
    (9) SAE J2841, Utility Factor Definitions for Plug-In Hybrid
Electric Vehicles Using 2001 U.S. DOT National Household Travel Survey
Data, Issued March 2009, (``SAE J2841''); IBR approved for Sec.
1037.550(a).
    (10) SAE J2966, Guidelines for Aerodynamic Assessment of Medium and
Heavy Commercial Ground Vehicles Using Computational Fluid Dynamics,
Issued September 2013, (``SAE J2966''); IBR approved for Sec.
1037.532(a).
    (f) Idaho National Laboratory, 2525 Fremont Ave., Idaho Falls, ID
83415-3805,<PHONE_NUMBER>, or www.inl.gov.
    (1) U.S. Advanced Battery Consortium, Electric Vehicle Battery Test
Procedures Manual, Revision 2, January 1996; IBR approved for Sec.
1037.552(a).
    (2) [Reserved]
0
131. Revise Sec.  1037.815 to read as follows:

Sec.  1037.815  Confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

Appendix I to Part 1037--[Redesignated as Appendix A to Part 1037]

Appendix II to Part 1037--[Redesignated as Appendix B to Part 1037]

Appendix III to Part 1037--[Redesignated as Appendix C to Part 1037]

Appendix IV to Part 1037--[Redesignated as Appendix D to Part 1037]

Appendix V to Part 1037--[Redesignated as Appendix E to Part 1037]

0
132. Redesignate appendices to part 1037 as follows:

------------------------------------------------------------------------
            Old appendix                         New appendix
------------------------------------------------------------------------
appendix I to part 1037              appendix A to part 1037
appendix II to part 1037             appendix B to part 1037
appendix III to part 1037            appendix C to part 1037
appendix IV to part 1037             appendix D to part 1037
appendix V to part 1037              appendix E to part 1037
------------------------------------------------------------------------

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

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

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

0
134. Amend Sec.  1039.105 by revising the section heading and
paragraphs (a) introductory text and (b) introductory text to read as
follows:

Sec.  1039.105  What smoke opacity standards must my engines meet?

    (a) The smoke opacity standards in this section apply to all
engines subject to emission standards under this part, except for the
following engines:
* * * * *
    (b) Measure smoke opacity as specified in Sec.  1039.501(c). Smoke
opacity from your engines may not exceed the following standards:
* * * * *
0
135. Amend Sec.  1039.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1039.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. We may require that you set adjustable
parameters to any specification within the adjustable range during any
testing, including certification testing, selective enforcement
auditing, or in-use testing. General provisions for adjustable
parameters apply as specified in 40 CFR 1068.50.
    (f) Prohibited controls. (1) General provisions. 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, an engine may
not emit a noxious or toxic substance it would otherwise not emit that
contributes to such an unreasonable risk.
    (2) Vanadium sublimation in SCR catalysts. For engines equipped
with vanadium-based SCR catalysts, you must design the engine and its
emission controls to prevent vanadium sublimation and protect the
catalyst from high temperatures. We will evaluate your engine design
based on the following information that you must include in your
application for certification:
    (i) Identify the threshold temperature for vanadium sublimation for
your specified SCR catalyst formulation as described in 40 CFR
1065.1113 through 1065.1121.
    (ii) Describe how you designed your engine to prevent catalyst
inlet temperatures from exceeding the temperature you identify in
paragraph (f)(2)(i) of this section, including consideration of engine
wear through the useful life. Also describe your design for catalyst
protection in case catalyst temperatures exceed the specified
temperature. In your description, include how you considered elevated
catalyst temperature resulting from sustained high-load engine
operation, catalyst exotherms, DPF regeneration, and component failure
resulting in unburned fuel in the exhaust stream.
* * * * *
0
136. Amend Sec.  1039.205 by revising paragraph (s) to read as follows:

Sec.  1039.205  What must I include in my application?

* * * * *
    (s) Describe all adjustable operating parameters (see Sec.
1039.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to limit adjustable ranges, and production
tolerances of the limits or stops used to establish each physically
adjustable range. Also include information showing why the limits,
stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended physically adjustable ranges.
    (2) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
137. Amend Sec.  1039.245 by adding paragraph (e) to read as follows:

Sec.  1039.245  How do I determine deterioration factors from exhaust
durability testing?

* * * * *
    (e) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) Apply the percentage of useful life from Table 1 of 40 CFR
1036.246 based on hours of operation rather than vehicle mileage.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1039.515 rather than 40 CFR 1036.520.
Measure emissions as the equipment goes through its normal operation
over the course of the day (or shift-day).
    (3) Apply infrequent regeneration adjustment factors as specified
in Sec.  1039.525 rather than 40 CFR 1036.522.
0
138. Amend Sec.  1039.501 by revising paragraph (c) to read as follows:

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

* * * * *
    (c) Measure smoke opacity using the procedures in 40 CFR part 1065,
subpart L, for evaluating whether engines meet the smoke opacity
standards in Sec.  1039.105, except that you may test two-cylinder
engines with an exhaust muffler like those installed on in-use engines.
* * * * *
0
139. Revise Sec.  1039.655 to read as follows:

Sec.  1039.655  What special provisions apply to engines sold in
American Samoa or the Commonwealth of the Northern Mariana Islands?

    (a) The prohibitions in 40 CFR 1068.101(a)(1) do not apply to
engines at or above 56 kW if the following conditions are met:
    (1) The engine is intended for use and will be used in American
Samoa or the Commonwealth of the Northern Mariana Islands.
    (2) The engine meets the latest applicable emission standards in
appendix I of this part.
    (3) You meet all the requirements of 40 CFR 1068.265.
    (b) If you introduce an engine into commerce in the United States
under this section, you must meet the labeling requirements in Sec.
1039.135, but add the following statement instead of the compliance
statement in Sec.  1039.135(c)(12):

    THIS ENGINE DOES NOT COMPLY WITH U.S. EPA TIER 4 EMISSION
REQUIREMENTS. IMPORTING THIS ENGINE INTO THE UNITED STATES OR ANY
TERRITORY OF THE UNITED STATES EXCEPT AMERICAN SAMOA OR THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    (c) Introducing into commerce an engine exempted under this section
in any state or territory of the United States other than American
Samoa or the Commonwealth of the Northern Mariana Islands, throughout
its lifetime, violates the prohibitions in 40 CFR 1068.101(a)(1),
unless it is exempt under a different provision.
    (d) The exemption provisions in this section also applied for
engines that were introduced into commerce in

Guam before [the effective date of the final rule] if they would
otherwise have been subject to Tier 4 standards.
0
140. Amend Sec.  1039.801 by revising the definitions of ``Critical
emission-related component'' and ``Designated Compliance Officer'' to
read as follows:

Sec.  1039.801  What definitions apply to this part?

* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; [email protected];
www.epa.gov/ve-certification.
* * * * *

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

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

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

0
142. Amend Sec.  1042.110 by revising paragraph (a)(1) to read as
follows:

Sec.  1042.110  Recording reductant use and other diagnostic functions.

    (a) * * *
    (1) The diagnostic system must monitor reductant supply and alert
operators to the need to restore the reductant supply, or to replace
the reductant if it does not meet your concentration specifications.
Unless we approve other alerts, use a warning lamp and an audible
alarm. You do not need to separately monitor reductant quality if your
system uses input from an exhaust NOX sensor (or other
sensor) to alert operators when reductant quality is inadequate.
However, tank level or DEF flow must be monitored in all cases.
* * * * *
0
143. Amend Sec.  1042.115 by revising paragraphs (d) introductory text
and (e) to read as follows:

Sec.  1042.115  Other requirements.

* * * * *
    (d) Adjustable parameters. General provisions for adjustable
parameters apply as specified in 40 CFR 1068.50. The following
additional category-specific provisions apply:
* * * * *
    (e) Prohibited controls. (1) General provisions. 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, an engine may
not emit a noxious or toxic substance it would otherwise not emit that
contributes to such an unreasonable risk.
    (2) Vanadium sublimation in SCR catalysts. For engines equipped
with vanadium-based SCR catalysts, you must design the engine and its
emission controls to prevent vanadium sublimation and protect the
catalyst from high temperatures. We will evaluate your engine design
based on the following information that you must include in your
application for certification:
    (i) Identify the threshold temperature for vanadium sublimation for
your specified SCR catalyst formulation as described in 40 CFR
1065.1113 through 1065.1121.
    (ii) Describe how you designed your engine to prevent catalyst
inlet temperatures from exceeding the temperature you identify in
paragraph (e)(2)(i) of this section, including consideration of engine
wear through the useful life. Also describe your design for catalyst
protection in case catalyst temperatures exceed the specified
temperature. In your description, include how you considered elevated
catalyst temperature resulting from sustained high-load engine
operation, catalyst exotherms, DPF regeneration, and component failure
resulting in unburned fuel in the exhaust stream.
* * * * *
0
144. Amend Sec.  1042.145 by adding paragraph (h) to read as follows:

Sec.  1042.145  Interim provisions.

* * * * *
    (h) Expanded production-line testing. Production-line testing
requirements for Category 1 engine families with a projected U.S.-
directed production volume below 100 engines and for all families
certified by small-volume engine manufacturers start to apply in model
year 2024. All manufacturers must test no more than four engine
families in a single model year, and small-volume engine manufacturers
must test no more than two engine families in a single model year.
* * * * *
0
145. Amend Sec.  1042.205 by revising paragraphs (c) and (s) to read as
follows:

Sec.  1042.205  Application requirements.

* * * * *
    (c) If your engines are equipped with an engine diagnostic system
as required under Sec.  1042.110, explain how it works, describing
especially the engine conditions (with the corresponding diagnostic
trouble codes) that cause the warning lamp to go on. Also identify the
communication protocol (SAE J1939, SAE J1979, etc.).
* * * * *
    (s) Describe all adjustable operating parameters (see Sec.
1042.115(d)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to establish adjustable ranges.
    (i) For Category 1 engines, include information showing why the
limits, stops, or other means of inhibiting mechanical adjustment are
effective in preventing adjustment of parameters on in-use engines to
settings outside your intended physically adjustable ranges.
    (ii) For Category 2 and Category 3 engines, propose a range of
mechanical adjustment for each adjustable parameter, as described in
Sec.  1042.115(d). Include information showing why the limits, stops,
or other means of inhibiting mechanical adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your proposed adjustable ranges.
    (2) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
146. Amend Sec.  1042.245 by adding paragraph (e) to read as follows:

Sec.  1042.245  Deterioration factors.

* * * * *
    (e) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) Apply the percentage of useful life from Table 1 of 40 CFR
1036.246 based on hours of operation rather than vehicle mileage.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1042.515 rather than 40 CFR 1036.520.
Measure emissions as the vessel goes through its normal operation over
the course of the day (or shift-day).
    (3) Apply infrequent regeneration adjustment factors as specified
in Sec.  1042.525 rather than 40 CFR 1036.522.

0
147. Revise Sec.  1042.301 to read as follows:

Sec.  1042.301  General provisions.

    (a) If you produce freshly manufactured marine engines that are
subject to the requirements of this part, you must test them as
described in this subpart.
    (b) We may suspend or revoke your certificate of conformity for
certain engine families if your production-line engines do not meet the
requirements of this part or you do not fulfill your obligations under
this subpart (see Sec. Sec.  1042.325 and 1042.340). Similarly, we may
deny applications for certification for the upcoming model year if you
do not fulfill your obligations under this subpart (see Sec.
1042.255(c)(1)).
    (c) Other regulatory provisions authorize us to suspend, revoke, or
void your certificate of conformity, or order recalls for engine
families, without regard to whether they have passed production-line
testing requirements. The requirements of this subpart do not affect
our ability to do selective enforcement audits, as described in 40 CFR
part 1068. Individual engines in families that pass production-line
testing requirements must also conform to all applicable regulations of
this part and 40 CFR part 1068.
    (d) You may ask to use another alternate program or measurement
method for testing production-line engines. In your request, you must
show us that the alternate program gives equal assurance that your
engines meet the requirements of this part. We may waive some or all of
this subpart's requirements if we approve your alternate program.
    (e) If you certify a Category 1 or Category 2 engine family with
carryover emission data, as described in Sec.  1042.235(d), you may
omit production-line testing if you fulfilled your testing requirements
with a related engine family in an earlier year, except as follows:
    (1) We may require that you perform additional production-line
testing under this subpart in any model year for cause, such as if you
file a defect report related to the engine family or if you amend your
application for certification in any of the following ways:
    (i) You designate a different supplier or change technical
specifications for any critical emission-related components.
    (ii) You add a new or modified engine configuration such that the
test data from the original emission-data engine do not clearly
continue to serve as worst-case testing for certification.
    (iii) You change your family emission limit without submitting new
emission data.
    (2) If you certify an engine family with carryover emission data
with no production-line testing for more than five model years, we may
require that you perform production-line testing again for one of those
later model years unless you demonstrate that none of the circumstances
identified in paragraph (e)(1) of this section apply for the engine
family.
    (f) We may ask you to make a reasonable number of production-line
engines available for a reasonable time so we can test or inspect them
for compliance with the requirements of this part. For Category 3
engines, you are not required to deliver engines to us, but we may
inspect and test your engines at any facility at which they are
assembled or installed in vessels.
0
148. Amend Sec.  1042.302 by revising the introductory text to read as
follows:

Sec.  1042.302  Applicability of this subpart for Category 3 engines.

    If you produce Tier 3 or later Category 3 engines that are subject
to the requirements of this part, you must test them as described in
this subpart, except as specified in this section.
* * * * *
0
149. Amend Sec.  1042.305 by revising paragraph (a) to read as follows:

Sec.  1042.305  Preparing and testing production-line engines.

* * * * *
    (a) Test procedures. Test your production-line engines using the
applicable testing procedures in subpart F of this part to show you
meet the duty-cycle emission standards in subpart B of this part. For
Category 1 and Category 2 engines, the not-to-exceed standards apply
for this testing of Category 1 and Category 2 engines, but you need not
do additional testing to show that production-line engines meet the
not-to-exceed standards. The mode cap standards apply for testing
Category 3 engines subject to Tier 3 standards (or for engines subject
to the Annex VI Tier III NOX standards under Sec.
1042.650(d)).
* * * * *
0
150. Revise Sec.  1042.310 to read as follows:

Sec.  1042.310  Engine selection for Category 1 and Category 2 engines.

    (a) For Category 1 and Category 2 engine families, the minimum
sample size is one engine. You may ask us to approve treating
commercial and recreational engines as being from the same engine
family for purposes of production-line testing if you certify them
using the same emission-data engine.
    (b) Select engines for testing as follows:
    (1) For Category 1 engines, randomly select one engine within the
first 60 days of the start of production for each engine family.
    (2) For Category 2 engines, randomly select one engine within 60
days after you produce the fifth engine from an engine family (or from
successive families that are related based on your use of carryover
data under Sec.  1042.230(d)).
    (3) If you do not produce an engine from the engine family in the
specified time frame, test the next engine you produce.
    (4) You may preferentially test engines earlier than we specify.
    (5) You meet the requirement to randomly select engines under this
section if you assemble the engine in a way that fully represents your
normal production and quality procedures.
    (c) For each engine that fails to meet emission standards, test two
engines from the same engine family from the next fifteen engines
produced or within seven days, whichever is later. If you do not
produce fifteen additional engines within 90 days, test two additional
engines within 90 days or as soon as practicable. If an engine fails to
meet emission standards for any pollutant, count it as a failing engine
under this paragraph (c).
    (d) Continue testing until one of the following things happens:
    (1) You test the number of engines required under paragraphs (b)
and (c) of this section. For example, if the initial engine fails and
then two engines pass, testing is complete for that engine family.
    (2) The engine family does not comply according to Sec.  1042.315
or you choose to declare that the engine family does not comply with
the requirements of this subpart.
    (e) You may elect to test more randomly chosen engines than we
require under this section.
0
151. Amend Sec.  1042.315 by revising paragraphs (a)(1) and (b) to read
as follows:

Sec.  1042.315  Determining compliance.

* * * * *
    (a) * * *
    (1) Initial and final test results. Calculate and round the test
results for each engine. If you do multiple tests on an engine in a
given configuration (without modifying the engine), calculate the
initial results for each test, then add all the test results together
and divide by the number of tests. Round

this final calculated value for the final test results on that engine.
Include the Green Engine Factor to determine low-hour emission results,
if applicable.
* * * * *
    (b) For Category 1 and Category 2 engines, if a production-line
engine fails to meet emission standards and you test additional engines
as described in Sec.  1042.310, calculate the average emission level
for each pollutant for all the engines. If the calculated average
emission level for any pollutant exceeds the applicable emission
standard, the engine family fails the production-line testing
requirements of this subpart. Tell us within ten working days if an
engine fails. You may request to amend the application for
certification to raise the FEL of the engine family as described in
Sec.  1042.225(f).
0
152. Amend Sec.  1042.320 by revising paragraph (c) to read as follows:

Sec.  1042.320  What happens if one of my production-line engines fails
to meet emission standards?

* * * * *
    (c) Use test data from a failing engine for the compliance
demonstration under Sec.  1042.315 as follows:
    (1) Use the original, failing test results as described in Sec.
1042.315, whether or not you modify the engine or destroy it. However,
for catalyst-equipped engines, you may ask us to allow you to exclude
an initial failed test if all the following are true:
    (i) The catalyst was in a green condition when tested initially.
    (ii) The engine met all emission standards when retested after
degreening the catalyst.
    (iii) No additional emission-related maintenance or repair was
performed between the initial failed test and the subsequent passing
test.
    (2) Do not use test results from a modified engine as final test
results under Sec.  1042.315, unless you change your production process
for all engines to match the adjustments you made to the failing
engine. If you change production processes and use the test results
from a modified engine, count the modified engine as the next engine in
the sequence, rather than averaging the results with the testing that
occurred before modifying the engine.
0
153. Amend Sec.  1042.325 by revising paragraph (b) to read as follows:

Sec.  1042.325  What happens if an engine family fails the production-
line testing requirements?

* * * * *
    (b) We will tell you in writing if we suspend your certificate in
whole or in part. We will not suspend a certificate until at least 15
days after the engine family fails as described in Sec.  1042.315(b).
The suspension is effective when you receive our notice.
* * * * *
0
154. Revise Sec.  1042.345 to read as follows:

Sec.  1042.345  Reporting.

    (a) Send us a test report within 45 days after you complete
production-line testing for a Category 1 or Category 2 engine family,
and within 45 days after you finish testing each Category 3 engine. We
may approve a later submission for Category 3 engines if it allows you
to combine test reports for multiple engines.
    (b) Include the following information in the report:
    (1) Describe any facility used to test production-line engines and
state its location.
    (2) For Category 1 and Category 2 engines, describe how you
randomly selected engines.
    (3) Describe each test engine, including the engine family's
identification and the engine's model year, build date, model number,
identification number, and number of hours of operation before testing.
Also describe how you developed and applied the Green Engine Factor, if
applicable.
    (4) Identify how you accumulated hours of operation on the engines
and describe the procedure and schedule you used.
    (5) Provide the test number; the date, time and duration of
testing; test procedure; all initial test results; final test results;
and final deteriorated test results for all tests. Provide the emission
results for all measured pollutants. Include information for both valid
and invalid tests and the reason for any invalidation.
    (6) Describe completely and justify any nonroutine adjustment,
modification, repair, preparation, maintenance, or test for the test
engine if you did not report it separately under this subpart. Include
the results of any emission measurements, regardless of the procedure
or type of engine.
    (c) We may ask you to add information to your written report so we
can determine whether your new engines conform with the requirements of
this subpart. We may also ask you to send less information.
    (d) An authorized representative of your company must sign the
following statement:
    We submit this report under sections 208 and 213 of the Clean Air
Act. Our production-line testing conformed completely with the
requirements of 40 CFR part 1042. We have not changed production
processes or quality-control procedures for test engines in a way that
might affect emission controls. All the information in this report is
true and accurate to the best of my knowledge. I know of the penalties
for violating the Clean Air Act and the regulations. (Authorized
Company Representative)
    (e) Send electronic reports of production-line testing to the
Designated Compliance Officer using an approved information format. If
you want to use a different format, send us a written request with
justification for a waiver. You may combine reports from multiple
engines and engine families into a single report.
    (f) We will send copies of your reports to anyone from the public
who asks for them. See Sec.  1042.915 for information on how we treat
information you consider confidential.
0
155. Amend Sec.  1042.515 by revising paragraph (d) to read as follows:

Sec.  1042.515  Test procedures related to not-to-exceed standards.

* * * * *
    (d) Engine testing may occur at any conditions expected during
normal operation but that are outside the conditions described in
paragraph (c) of this section, as long as measured values are corrected
to be equivalent to the nearest end of the specified range, using good
engineering judgment. Correct NOX emissions for humidity as
specified in 40 CFR part 1065, subpart G.
* * * * *
0
156. Amend Sec.  1042.615 by revising paragraph (g) introductory text
to read as follows:

Sec.  1042.615  Replacement engine exemption.

* * * * *
    (g) In unusual circumstances, you may ask us to allow you to apply
the replacement engine exemption of this section for repowering a
steamship or a vessel that becomes a ``new vessel'' under Sec.
1042.901 as a result of modifications, as follows:
* * * * *
0
157. Amend Sec.  1042.660 by revising paragraph (b) to read as follows:

Sec.  1042.660  Requirements for vessel manufacturers, owners, and
operators.

* * * * *
    (b) For vessels equipped with SCR systems requiring the use of urea
or other reductants, owners and operators must report to the Designated
Compliance Officer within 30 days any operation of such vessels without
the appropriate reductant. For each

reportable incident, include the cause of the noncompliant operation,
the remedy, and an estimate of the extent of operation without
reductant. You must remedy the problem as soon as practicable to avoid
violating the tampering prohibition in 40 CFR 1068.101(b)(1). If the
remedy is not complete within 30 days of the incident, notify the
Designated Compliance Officer when the issue is resolved, along with
any relevant additional information related to the repair. This
reporting requirement applies for all engines on covered vessels even
if the engines are certified to Annex VI standards instead of or in
addition to EPA standards under this part. Failure to comply with the
reporting requirements of this paragraph (b) is a violation of 40 CFR
1068.101(a)(2). Note that operating such engines without reductant is a
violation of 40 CFR 1068.101(b)(1).
* * * * *
0
158. Amend Sec.  1042.901 by revising the definitions of ``Category
1'', ``Category 2'', ``Critical emission-related component'', and
``Designated Compliance Officer'' and removing the definition of
``Designated Enforcement Officer'' to read as follows:

Sec.  1042.901  Definitions.

* * * * *
    Category 1 means relating to a marine engine with specific engine
displacement below 7.0 liters per cylinder. See Sec.  1042.670 to
determine equivalent per-cylinder displacement for nonreciprocating
marine engines (such as gas turbine engines). Note that the maximum
specific engine displacement for Category 1 engines subject to Tier 1
and Tier 2 standards was 5.0 liters per cylinder.
    Category 2 means relating to a marine engine with a specific engine
displacement at or above 7.0 liters per cylinder but less than 30.0
liters per cylinder. See Sec.  1042.670 to determine equivalent per-
cylinder displacement for nonreciprocating marine engines (such as gas
turbine engines). Note that the minimum specific engine displacement
for Category 2 engines subject to Tier 1 and Tier 2 standards was 5.0
liters per cylinder.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; [email protected];
www.epa.gov/ve-certification.
* * * * *
0
159. Amend appendix I to part 1042 by revising paragraph (a) to read as
follows:

Appendix I to Part 1042--Summary of Previous Emission Standards

* * * * *
    (a) Engines below 37 kW. Tier 1 and Tier 2 standards for engines
below 37 kW originally adopted under 40 CFR part 89 apply as
follows:

                        Table 1 to Appendix I--Emission Standards for Engines Below 37 kW
                                                    [g/kW-hr]
----------------------------------------------------------------------------------------------------------------
       Rated power (kW)               Tier          Model year      NMHC + NOX          CO              PM
----------------------------------------------------------------------------------------------------------------
kW < 8........................  Tier 1..........            2000            10.5             8.0             1.0
                                Tier 2..........            2005             7.5             8.0            0.80
8 <= kW <= 19.................  Tier 1..........            2000             9.5             6.6            0.80
                                Tier 2..........            2005             7.5             6.6            0.80
19 >= kW >= 37................  Tier 1..........            1999             9.5             5.5            0.80
                                Tier 2..........            2004             7.5             5.5            0.60
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 1043--CONTROL OF NOX, SOX, AND PM EMISSIONS FROM MARINE
ENGINES AND VESSELS SUBJECT TO THE MARPOL PROTOCOL

0
160. The authority citation for part 1043 continues to read as follows:

    Authority:  33 U.S.C. 1901-1912.

0
161. Amend Sec.  1043.20 by removing the definition of ``Public
vessels'' and adding a definition of ``Public vessel'' in alphabetical
order to read as follows:

Sec.  1043.20  Definitions.

* * * * *
    Public vessel means a warship, naval auxiliary vessel, or other
vessel owned or operated by a sovereign country when engaged in
noncommercial service. Vessels with a national security exemption under
40 CFR 1042.635 are deemed to be public vessels with respect to
compliance with NOX-related requirements of this part when
engaged in noncommercial service. Similarly, vessels with one or more
installed engines that have a national security exemption under 40 CFR
1090.605 are deemed to be public vessels with respect to compliance
with fuel content requirements when engaged in noncommercial service.
* * * * *
0
162. Amend Sec.  1043.55 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1043.55  Applying equivalent controls instead of complying with
fuel requirements.

* * * * *
    (a) The U.S. Coast Guard is the approving authority under APPS for
such equivalent methods for U.S.-flagged vessels.
    (b) The provisions of this paragraph (b) apply for vessels equipped
with controls certified by the U.S. Coast Guard or the Administration
of a foreign-flag vessel to achieve emission levels equivalent to those
achieved by the use of fuels meeting the applicable fuel sulfur limits
of Regulation 14 of Annex VI. Fuels not meeting the applicable fuel
sulfur limits of Regulation 14 of Annex VI may be used on such vessels
consistent with the provisions of the IAPP certificate, APPS and Annex
VI.
* * * * *
0
163. Amend Sec.  1043.95 by revising paragraph (b) to read as follows:

Sec.  1043.95  Great Lakes provisions.

* * * * *
    (b) The following exemption provisions apply for ships qualifying
under paragraph (a) of this section:
    (1) The fuel-use requirements of this part do not apply through
December 31, 2025, if we approved an exemption under this section
before [effective date of the final rule] based on the use of
replacement engines certified to applicable standards under 40 CFR part
1042 corresponding to the date the vessel entered dry dock for service.
All other requirements under this part 1043 continue to apply to
exempted vessels,

including requirements related to bunker delivery notes.
    (2) A marine diesel engine installed to repower a steamship may be
a replacement engine under Regulation 13.2.2 of Annex VI. Such an
engine may qualify for an exemption from the Tier III NOX
standard under Regulation 13.2.2 of Annex VI.
* * * * *

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

0
164. The authority citation for part 1045 continues to read as follows:

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

0
165. Amend Sec.  1045.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1045.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. 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. General provisions for adjustable parameters apply as
specified in 40 CFR 1068.50.
    (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, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *
0
166. Amend Sec.  1045.205 by revising paragraph (r) to read as follows:

Sec.  1045.205  What must I include in my application?

* * * * *
    (r) Describe all adjustable operating parameters (see Sec.
1045.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to establish adjustable ranges. Also include
information showing why the limits, stops, or other means of inhibiting
adjustment are effective in preventing adjustment of parameters on in-
use engines to settings outside your intended physically adjustable
ranges.
    (2) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
167. Amend Sec.  1045.801 by revising the definition of ``Critical
emission-related component'' to read as follows:

Sec.  1045.801  What definitions apply to this part?

* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
0
168. Revise Sec.  1045.815 to read as follows:

Sec.  1045.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

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

0
169. The authority citation for part 1048 continues to read as follows:

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

0
170. Amend Sec.  1048.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1048.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. 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. General provisions for adjustable parameters apply as
specified in 40 CFR 1068.50.
    (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, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *
0
171. Amend Sec.  1048.205 by revising paragraph (t) to read as follows:

Sec.  1048.205  What must I include in my application?

* * * * *
    (t) Describe all adjustable operating parameters (see Sec.
1048.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to establish adjustable ranges. Also include
information showing why the limits, stops, or other means of inhibiting
adjustment are effective in preventing adjustment of parameters on in-
use engines to settings outside your intended physically adjustable
ranges.
    (2) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
172. Amend Sec.  1048.240 by adding paragraph (f) to read as follows:

Sec.  1048.240  How do I demonstrate that my engine family complies
with exhaust emission standards?

* * * * *
    (f) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) Apply the percentage of useful life from Table 1 of 40 CFR
1036.246 based on hours of operation rather than vehicle mileage.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1048.515 rather than 40 CFR 1036.520.
Measure emissions as the equipment goes through its normal operation
over the course of the day (or shift-day).
0
173. Amend Sec.  1048.501 by revising paragraph (e)(2) to read as
follows:

Sec.  1048.501  How do I run a valid emission test?

* * * * *
    (e) * * *
    (2) For engines equipped with carbon canisters that store fuel
vapors that will be purged for combustion in the engine, precondition
the canister as specified in 40 CFR 86.132-96(h) and then operate the
engine for 60 minutes over repeat runs of the duty cycle specified in
appendix II of this part.
* * * * *

0
174. Amend Sec.  1048.620 by revising paragraphs (a)(3), (d), and (e)
to read as follows:

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

    (a) * * *
    (3) The engine must be in an engine family that has a valid
certificate of conformity showing that it meets emission standards for
engines of that power rating under 40 CFR part 1039.
* * * * *
    (d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 1039. The requirements
and restrictions of 40 CFR part 1039 apply to anyone manufacturing
engines exempted under this section, anyone manufacturing equipment
that uses these engines, and all other persons in the same manner as if
these were nonroad diesel engines.
    (e) You may request an exemption under this section by submitting
an application for certification for the engines under 40 CFR part
1039.
0
175. Amend Sec.  1048.801 by revising the definition of ``Critical
emission-related component'' to read as follows:

Sec.  1048.801  What definitions apply to this part?

* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
0
176. Revise Sec.  1048.815 to read as follows:

Sec.  1048.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

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

0
177. The authority citation for part 1051 continues to read as follows:

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

0
178. Amend Sec.  1051.115 by revising paragraphs (c), (d) introductory
text, (d)(1), (d)(2) introductory text, and (e) to read as follows:

Sec.  1051.115  What other requirements apply?

* * * * *
    (c) Adjustable parameters. Vehicles that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. Note that parameters that control the air-
fuel ratio may be treated separately under paragraph (d) of this
section. 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.
General provisions for adjustable parameters apply as specified in 40
CFR 1068.50.
    (d) Other adjustments. The following provisions apply for engines
with carburetor jets or needles, and for engines with any other
technology involving service to adjust air-fuel ratio that falls within
the time and cost specifications of 40 CFR 1068.50(d)(1):
    (1) In your application for certification, specify the physically
adjustable range of air-fuel ratios you expect to occur in use. You may
specify it in terms of engine parts (such as the carburetor jet size
and needle configuration as a function of atmospheric conditions).
    (2) The physically adjustable range specified in paragraph (d)(1)
of this section must include all air-fuel ratios between the lean limit
and the rich limit, unless you can show that some air-fuel ratios will
not occur in use.
* * * * *
    (e) 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, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *
0
179. Amend Sec.  1051.205 by revising paragraph (q) to read as follows:

Sec.  1051.205  What must I include in my application?

* * * * *
    (q) Describe all adjustable operating parameters (see Sec.
1051.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to establish adjustable ranges. Also include
information showing why the limits, stops, or other means of inhibiting
adjustment are effective in preventing adjustment of parameters on in-
use engines to settings outside your intended physically adjustable
ranges.
    (2) For electronically controlled parameters, describe how your
vehicles or engines are designed to prevent unauthorized adjustments.
* * * * *
0
180. Amend Sec.  1051.501 by revising paragraphs (c)(2), (d)(2)(i) and
(d)(3) to read as follows:

Sec.  1051.501  What procedures must I use to test my vehicles or
engines?

* * * * *
    (c) * * *
    (2) Prior to permeation testing of fuel line, precondition the fuel
line by filling it with the fuel specified in paragraph (d)(3) of this
section, sealing the openings, and soaking it for 4 weeks at (23  5) [deg]C. To measure fuel-line permeation emissions, use the
equipment and procedures specified in SAE J30 as described in 40 CFR
1060.810. Use the fuel specified in paragraph (d)(3) of this section.
Perform daily measurements for 14 days, except that you may omit up to
two daily measurements in any seven-day period. Maintain an ambient
temperature of (23  2) [deg]C throughout the sampling
period, except for intervals up to 30 minutes for weight measurements.
    (d) * * *
    (2) * * *
    (i) For the preconditioning soak described in Sec.  1051.515(a)(1)
and fuel slosh durability test described in Sec.  1051.515(d)(3), use
the fuel specified in 40 CFR 1065.710(b), or the fuel specified in 40
CFR 1065.710(c) blended with 10 percent ethanol by volume. As an
alternative, you may use Fuel CE10, which is Fuel C as specified in
ASTM D471 (see 40 CFR 1060.810) blended with 10 percent ethanol by
volume.
* * * * *
    (3) Fuel hose permeation. Use the fuel specified in 40 CFR
1065.710(b), or the fuel specified in 40 CFR 1065.710(c) blended with
10 percent ethanol by volume for permeation testing of fuel lines. As
an alternative, you may use Fuel CE10, which is Fuel C as specified in
ASTM D471 (see 40 CFR 1060.810) blended with 10 percent ethanol by
volume.
* * * * *
0
181. Amend Sec.  1051.515 by revising paragraph (a)(1) to read as
follows:

Sec.  1051.515  How do I test my fuel tank for permeation emissions?

* * * * *
    (a) * * *
    (1) Fill the tank with the fuel specified in Sec.
1051.501(d)(2)(i), seal it,

and allow it to soak at 28  5 [deg]C for 20 weeks or at (43
 5) [deg]C for 10 weeks.
* * * * *
0
182. Amend Sec.  1051.740 by revising paragraph (b)(5) to read as
follows:

Sec.  1051.740  Are there special averaging provisions for snowmobiles?

* * * * *
    (b) * * *
    (5) Credits can also be calculated for Phase 3 using both sets of
standards. Without regard to the trigger level values, if your net
emission reduction for the redesignated averaging set exceeds the
requirements of Phase 3 in Sec.  1051.103 (using both HC and CO in the
Phase 3 equation in Sec.  1051.103), then your credits are the
difference between the Phase 3 reduction requirement of that section
and your calculated value.
0
183. Amend Sec.  1051.801 by revising the definition of ``Critical
emission-related component'' to read as follows:

Sec.  1051.801  What definitions apply to this part?

* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
0
184. Revise Sec.  1051.815 to read as follows:

Sec.  1051.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

PART 1054--CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-
IGNITION ENGINES AND EQUIPMENT

0
185. The authority citation for part 1054 continues to read as follows:

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

0
186. Amend Sec.  1054.115 by revising paragraphs (b) and (d) to read as
follows:

Sec.  1054.115  What other requirements apply?

* * * * *
    (b) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. 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. You may ask us to limit idle-speed or carburetor
adjustments to a smaller range than the physically adjustable range if
you show us that the engine will not be adjusted outside of this
smaller range during in-use operation without significantly degrading
engine performance. General provisions for adjustable parameters apply
as specified in 40 CFR 1068.50.
* * * * *
    (d) 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, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *
0
187. Amend Sec.  1054.205 by revising paragraph (q) to read as follows:

Sec.  1054.205  What must I include in my application?

* * * * *
    (q) Describe all adjustable operating parameters (see Sec.
1054.115(b)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For mechanically controlled parameters, include the nominal or
recommended setting, the intended physically adjustable range, and the
limits or stops used to establish adjustable ranges. Also include
information showing why the limits, stops, or other means of inhibiting
adjustment are effective in preventing adjustment of parameters on in-
use engines to settings outside your intended physically adjustable
ranges.
    (2) For electronically controlled parameters, describe how your
engines are designed to prevent unauthorized adjustments.
* * * * *
0
188. Amend Sec.  1054.230 by revising paragraphs (b)(8) and (9) to read
as follows:

Sec.  1054.230  How do I select emission families?

* * * * *
    (b) * * *
    (8) Method of control for engine operation, other than governing.
For example, multi-cylinder engines with port fuel injection may not be
grouped into an emission family with engines that have a single
throttle-body injector or carburetor.
    (9) The numerical level of the applicable emission standards. For
example, an emission family may not include engines certified to
different family emission limits, though you may change family emission
limits without recertifying as specified in Sec.  1054.225.
* * * * *
0
189. Amend Sec.  1054.505 by revising paragraphs (a), (b) introductory
text, (b)(2), and (d) to read as follows:

Sec.  1054.505  How do I test engines?

    (a) This section describes how to test engines under steady-state
conditions. We may also perform other testing as allowed by the Clean
Air Act. Sample emissions separately for each mode, then calculate an
average emission level for the whole cycle using the weighting factors
specified for each mode. Control engine speed as specified in this
section. Use one of the following methods for confirming torque values
for nonhandheld engines:
    (1) Calculate torque-related cycle statistics and compare with the
established criteria as specified in 40 CFR 1065.514 to confirm that
the test is valid.
    (2) Evaluate each mode separately to validate the duty cycle. All
torque feedback values recorded during non-idle sampling periods must
be within 2 percent of the reference value or within 0.27 N[middot]m of the reference value, whichever is greater.
Also, the mean torque value during non-idle sampling periods must be
within 1 percent of the reference value or 0.12
N[middot]m of the reference value, whichever is greater. Control torque
during idle as specified in paragraph (c) of this section.
    (b) Measure emissions by testing engines on a dynamometer with the
test procedures for constant-speed engines in 40 CFR part 1065 while
using the steady-state duty cycles identified in this paragraph (b) to
determine whether it meets the exhaust emission standards specified in
Sec.  1054.101(a). This paragraph (b) applies for all engines,
including those not meeting the definition of ``constant-speed engine''
in 40 CFR 1065.1001.
* * * * *
    (2) For nonhandheld engines designed to idle, use the six-mode duty
cycle described in paragraph (b)(1) of appendix II of this part; use
the five-mode duty cycle described in paragraph (b)(2) of appendix II
of this part for engines that are not designed to idle. Control engine
speed during the full-load operating mode as specified in paragraph (d)
of this section. For all other modes, control engine speed to within 5
percent of the nominal speed specified in paragraph (d) of this section
or let the installed governor (in the

production configuration) control engine speed. For all modes except
idle, control torque as needed to meet the cycle-validation criteria in
paragraph (a) of this section. The governor may be adjusted before
emission sampling to target the nominal speed identified in paragraph
(d) of this section, but the installed governor must control engine
speed throughout the emission-sampling period whether the governor is
adjusted or not.
* * * * *
    (d) During full-load operation for nonhandheld engines, operate the
engine with the following parameters:
    (1) Select an engine speed for testing as follows:
    (i) For engines with a governed speed at full load between 2700 and
4000 rpm, select appropriate test speeds for the emission family. If
all the engines in the emission family are used in intermediate-speed
equipment, select a test speed of 3060 rpm. The test associated with
intermediate-speed operation is referred to as the A Cycle. If all the
engines in the emission family are used in rated-speed equipment,
select a test speed of 3600 rpm. The test associated with rated-speed
operation is referred to as the B Cycle. If an emission family includes
engines used in both intermediate-speed equipment and rated-speed
equipment, measure emissions at test speeds of both 3060 and 3600 rpm.
In unusual circumstances, you may ask to use a test speed different
than that specified in this paragraph (d)(1)(i) if it better represents
in-use operation.
    (ii) For engines with a governed speed below 2700 or above 4000
rpm, ask us to approve one or more test speeds to represent those
engines using the provisions for special procedures in 40 CFR
1065.10(c)(2).
* * * * *
0
190. Amend Sec.  1054.801 by:
0
a. Revising the definition for ``Critical emission-related component''.
0
b. Removing the definition for ``Discrete mode''.
0
c. Revising the definition for ``Intermediate-speed equipment''.
0
d. Removing the definition for ``Ramped-modal''.
0
e. Revising the definitions for ``Rated-speed equipment'' and ``Steady-
state''.
    The revisions read as follows:

Sec.  1054.801  What definitions apply to this part?

* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Intermediate-speed equipment includes all nonhandheld equipment in
which the installed engine's governed speed at full load is below 3330
rpm. It may also include nonhandheld equipment in which the installed
engine's governed speed at full load is as high as 3400 rpm.
* * * * *
    Rated-speed equipment includes all nonhandheld equipment in which
the installed engine's governed speed at full load is at or above 3400
rpm. It may also include nonhandheld equipment in which the installed
engine's governed speed at full load is as low as 3330 rpm.
* * * * *
    Steady-state means relating to emission tests in which engine speed
and load are held at a finite set of essentially constant values.
* * * * *
0
191. Revise Sec.  1054.815 to read as follows:

Sec.  1054.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.
0
192. Redesignate appendix I to part 1054 as appendix A to part 1054 and
amend newly redesignated appendix A by revising paragraph (b)(3)
introductory text to read as follows:

Appendix A to Part 1054--Summary of Previous Emission Standards

* * * * *
    (b) * * *
    (3) Note that engines subject to Phase 1 standards were not
subject to useful life, deterioration factor, production-line
testing, or in-use testing provisions. In addition, engines subject
to Phase 1 standards and engines subject to Phase 2 standards were
both not subject to the following provisions:
* * * * *
0
193. Redesignate appendix II to part 1054 as appendix B to part 1054
and revise newly redesignated appendix B to read as follows:

Appendix B to Part 1054--Duty Cycles for Laboratory Testing

    (a) Test handheld engines with the following steady-state duty
cycle:

         Table 1 to Appendix B--Duty Cycle for Handheld Engines
------------------------------------------------------------------------
                                              Torque         Weighting
      G3 mode No.       Engine speed \a\   (percent) \b\      factors
------------------------------------------------------------------------
1.....................  Rated speed.....             100            0.85
2.....................  Warm idle.......               0            0.15
------------------------------------------------------------------------
\a\ Test engines at the specified speeds as described in Sec.
  1054.505.
\b\ Test engines at 100 percent torque by setting operator demand to
  maximum. Control torque during idle at its warm idle speed as
  described in 40 CFR 1065.510.

    (b) Test nonhandheld engines with one of the following steady-
state duty cycles:
    (1) The following duty cycle applies for engines designed to
idle:

   Table 2 to Appendix B--Duty Cycle for Nonhandheld Engines With Idle
------------------------------------------------------------------------
                                              Torque         Weighting
             G2 mode No. \a\               (percent) \b\      factors
------------------------------------------------------------------------
1.......................................             100            0.09
2.......................................              75            0.20
3.......................................              50            0.29
4.......................................              25            0.30
5.......................................              10            0.07
6.......................................               0            0.05
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505. Control engine
  speed for Mode 6 as described in Sec.   1054.505(c) for idle
  operation.
\b\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

    (2) The following duty cycle applies for engines that are not
designed to idle:

 Table 3 to Appendix B--Duty Cycle for Nonhandheld Engines Without Idle
------------------------------------------------------------------------
                                              Torque         Weighting
              Mode No. \a\                 (percent) \b\      factors
------------------------------------------------------------------------
1.......................................             100            0.09

2.......................................              75            0.21
3.......................................              50            0.31
4.......................................              25            0.32
5.......................................              10            0.07
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505.
\b\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE
NONROAD AND STATIONARY EQUIPMENT

0
194. The authority citation for part 1060 continues to read as follows:

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

0
195. Amend Sec.  1060.515 by revising paragraphs (c) and (d) to read as
follows:

Sec.  1060.515  How do I test EPA Nonroad Fuel Lines and EPA Cold-
Weather Fuel Lines for permeation emissions?

* * * * *
    (c) Except as specified in paragraph (d) of this section, measure
fuel line permeation emissions using the equipment and procedures for
weight-loss testing specified in SAE J30 or SAE J1527 (incorporated by
reference in Sec.  1060.810). Start the measurement procedure within 8
hours after draining and refilling the fuel line. Perform the emission
test over a sampling period of 14 days. You may omit up to two daily
measurements in any seven-day period. Determine your final emission
result based on the average of measured values over the 14-day period.
Maintain an ambient temperature of (232) [deg]C throughout
the sampling period, except for intervals up to 30 minutes for daily
weight measurements.
    (d) For fuel lines with a nominal inner diameter below 5.0 mm, you
may alternatively measure fuel line permeation emissions using the
equipment and procedures for weight-loss testing specified in SAE J2996
(incorporated by reference in Sec.  1060.810). Determine your final
emission result based on the average of measured values over the 14-day
sampling period. Maintain an ambient temperature of (232)
[deg]C throughout the sampling period, except for intervals up to 30
minutes for daily weight measurements.
* * * * *
0
196. Amend Sec.  1060.520 by revising paragraph (b)(1) to read as
follows:

Sec.  1060.520  How do I test fuel tanks for permeation emissions?

* * * * *
    (b) * * *
    (1) Fill the fuel tank to its nominal capacity with the fuel
specified in paragraph (e) of this section, seal it, and allow it to
soak at (285) [deg]C for at least 20 weeks. Alternatively,
the fuel tank may be soaked for at least 10 weeks at (435)
[deg]C. You may count the time of the preconditioning steps in
paragraph (a) of this section as part of the preconditioning fuel soak
as long as the ambient temperature remains within the specified
temperature range and the fuel tank continues to be at least 40 percent
full throughout the test; you may add or replace fuel as needed to
conduct the specified durability procedures. Void the test if you
determine that the fuel tank has any kind of leak.
* * * * *

PART 1065--ENGINE-TESTING PROCEDURES

0
197. The authority citation for part 1065 continues to read as follows:

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

0
198. Amend Sec.  1065.1 by revising paragraphs (a)(1) through (5) and
(8) to read as follows:

Sec.  1065.1  Applicability.

    (a) * * *
    (1) Locomotives we regulate under 40 CFR part 1033.
    (2) Heavy-duty highway engines we regulate under 40 CFR parts 86
and 1036.
    (3) Nonroad compression-ignition engines we regulate under 40 CFR
part 1039 and stationary diesel engines that are certified to the
standards in 40 CFR part 1039 as specified in 40 CFR part 60, subpart
IIII.
    (4) Marine compression-ignition engines we regulate under 40 CFR
part 1042.
    (5) Marine spark-ignition engines we regulate under 40 CFR part
1045.
* * * * *
    (8) Small nonroad spark-ignition engines we regulate under 40 CFR
part 1054 and stationary engines that are certified to the standards in
40 CFR part 1054 as specified in 40 CFR part 60, subpart JJJJ.
* * * * *
0
199. Amend Sec.  1065.5 by revising paragraphs (a) introductory text
and (c) to read as follows:

Sec.  1065.5  Overview of this part 1065 and its relationship to the
standard-setting part.

    (a) This part specifies procedures that apply generally to
measuring brake-specific emissions from various categories of engines.
See subpart L of this part for measurement procedures for testing
related to standards other than brake-specific emission standards. See
the standard-setting part for directions in applying specific
provisions in this part for a particular type of engine. Before using
this part's procedures, read the standard-setting part to answer at
least the following questions:
* * * * *
    (c) The following table shows how this part divides testing
specifications into subparts:

       Table 1 of Sec.   1065.5--Description of Part 1065 Subparts
------------------------------------------------------------------------
                                   Describes these specifications or
         This subpart                          procedures
------------------------------------------------------------------------
Subpart A....................  Applicability and general provisions.
Subpart B....................  Equipment for testing.
Subpart C....................  Measurement instruments for testing.
Subpart D....................  Calibration and performance verifications
                                for measurement systems.
Subpart E....................  How to prepare engines for testing,
                                including service accumulation.
Subpart F....................  How to run an emission test over a
                                predetermined duty cycle.
Subpart G....................  Test procedure calculations.
Subpart H....................  Fuels, engine fluids, analytical gases,
                                and other calibration standards.
Subpart I....................  Special procedures related to oxygenated
                                fuels.
Subpart J....................  How to test with portable emission
                                measurement systems (PEMS).
Subpart L....................  How to test for unregulated and special
                                pollutants.
------------------------------------------------------------------------

0
200. Amend Sec.  1065.10 by revising paragraph (c)(7)(ii) to read as
follows:

Sec.  1065.10  Other procedures.

* * * * *
    (c) * * *
    (7) * * *
    (ii) Submission. Submit requests in writing to the EPA Program
Officer.
* * * * *
0
201. Amend Sec.  1065.12 by revising paragraph (a) to read as follows:

Sec.  1065.12  Approval of alternate procedures.

    (a) To get approval for an alternate procedure under Sec.
1065.10(c), send the EPA Program Officer an initial written request
describing the alternate procedure and why you believe it is equivalent
to the specified procedure. Anyone may request alternate procedure
approval. This means that an individual engine manufacturer may request
to use an alternate procedure. This also means that an instrument
manufacturer may request to have an instrument, equipment, or procedure
approved as an alternate procedure to those specified in this part. We
may approve your request based on this information alone, whether or
not it includes all the information specified in this section. Where we
determine that your original submission does not include enough
information for us to determine that the alternate procedure is
equivalent to the specified procedure, we may ask you to submit
supplemental information showing that your alternate procedure is
consistently and reliably at least as accurate and repeatable as the
specified procedure.
* * * * *
0
202. Amend Sec.  1065.140 by revising paragraph (b)(2) introductory
text, (c)(2) and (6), and (e)(4) to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

* * * * *
    (b) * * *
    (2) Measure these background concentrations the same way you
measure diluted exhaust constituents, or measure them in a way that
does not affect your ability to demonstrate compliance with the
applicable standards in this chapter. For example, you may use the
following simplifications for background sampling:
* * * * *
    (c) * * *
    (2) Pressure control. Maintain static pressure at the location
where raw exhaust is introduced into the tunnel within 1.2
kPa of atmospheric pressure. You may use a booster blower to control
this pressure. If you test using more careful pressure control and you
show by engineering analysis or by test data that you require this
level of control to demonstrate compliance at the applicable standards
in this chapter, we will maintain the same level of static pressure
control when we test.
* * * * *
    (6) Aqueous condensation. You must address aqueous condensation in
the CVS as described in this paragraph (c)(6). You may meet these
requirements by preventing or limiting aqueous condensation in the CVS
from the exhaust inlet to the last emission sample probe. See paragraph
(c)(6)(2)(B) of this section for provisions related to the CVS between
the last emission sample probe and the CVS flow meter. You may heat
and/or insulate the dilution tunnel walls, as well as the bulk stream
tubing downstream of the tunnel to prevent or limit aqueous
condensation. Where we allow aqueous condensation to occur, use good
engineering judgment to ensure that the condensation does not affect
your ability to demonstrate that your engines comply with the
applicable standards in this chapter (see Sec.  1065.10(a)).
* * * * *
    (e) * * *
    (4) Control sample temperature to a (475) [deg]C
tolerance, as measured anywhere within 20 cm upstream or downstream of
the PM storage media (such as a filter). You may instead measure sample
temperature up to 30 cm upstream of the filter or other PM storage
media if it is housed within a chamber with temperature controlled to
stay within the specified temperature range. Measure sample temperature
with a bare-wire junction thermocouple with wires that are (0.500
0.025) mm diameter, or with another suitable instrument
that has equivalent performance.
0
203. Amend Sec.  1065.170 by revising paragraphs (a)(1) and (c)(1)(ii)
and (iii) to read as follows:

Sec.  1065.170  Batch sampling for gaseous and PM constituents.

* * * * *
    (a) * * *
    (1) Verify proportional sampling after an emission test as
described in Sec.  1065.545. You must exclude from the proportional
sampling verification any portion of the test where you are not
sampling emissions because the engine is turned off and the batch
samplers are not sampling, accounting for exhaust transport delay in
the sampling system. Use good engineering judgment to select storage
media that will not significantly change measured emission levels
(either up or down). For example, do not use sample bags for storing
emissions if the bags are permeable with respect to emissions or if
they off gas emissions to the extent that it affects your ability to
demonstrate compliance with the applicable gaseous emission standards
in this chapter. As another example, do not use PM filters that
irreversibly absorb or adsorb gases to the extent that it affects your
ability to demonstrate compliance with the applicable PM emission
standards in this chapter.
* * * * *
    (c) * * *
    (1) * * *
    (ii) The filter must be circular, with an overall diameter of
(46.500.6) mm and an exposed diameter of at least 38 mm.
See the cassette specifications in paragraph (c)(1)(vii) of this
section.
    (iii) We highly recommend that you use a pure PTFE filter material
that does not have any flow-through support bonded to the back and has
an overall thickness of (4020) [mu]m. An inert polymer ring
may be bonded to the periphery of the filter material for support and
for sealing between the filter cassette parts. We consider
Polymethylpentene (PMP) and PTFE inert materials for a support ring,
but other inert materials may be used. See the cassette specifications
in paragraph (c)(1)(vii) of this section. We allow the use of PTFE-
coated glass fiber filter material, as long as this filter media
selection does not affect your ability to demonstrate compliance with
the applicable standards in this chapter, which we base on a pure PTFE
filter material. Note that we will use pure PTFE filter material for
compliance testing, and we may require you to use pure PTFE filter
material for any compliance testing we require, such as for selective
enforcement audits.
* * * * *

Sec.  1065.190  [Amended]

0
204. Amend Sec.  1065.190 by removing paragraphs (g)(5) and (6).
0
205. Amend Sec.  1065.210 by revising paragraph (a) to read as follows:

Sec.  1065.210  Work input and output sensors.

    (a) Application. Use instruments as specified in this section to
measure work inputs and outputs during engine operation. We recommend
that you use sensors, transducers, and meters that meet the
specifications in Table 1 of Sec.  1065.205. Note that your overall
systems for measuring work inputs and outputs must meet the linearity
verifications in Sec.  1065.307. We recommend that you measure work
inputs and outputs where they cross the system boundary as shown in
Figure 1

of Sec.  1065.210. The system boundary is different for air-cooled
engines than for liquid-cooled engines. If you choose to measure work
before or after a work conversion, relative to the system boundary, use
good engineering judgment to estimate any work-conversion losses in a
way that avoids overestimation of total work. For example, if it is
impractical to instrument the shaft of an exhaust turbine generating
electrical work, you may decide to measure its converted electrical
work. As another example, you may decide to measure the tractive (i.e.,
electrical output) power of a locomotive, rather than the brake power
of the locomotive engine. In these cases, divide the electrical work by
accurate values of electrical generator efficiency ([eta]<1), or assume
an efficiency of 1 ([eta]=1), which would over-estimate brake-specific
emissions. For the example of using locomotive tractive power with a
generator efficiency of 1 ([eta]=1), this means using the tractive
power as the brake power in emission calculations. Do not underestimate
any work conversion efficiencies for any components outside the system
boundary that do not return work into the system boundary. And do not
overestimate any work conversion efficiencies for components outside
the system boundary that do return work into the system boundary. In
all cases, ensure that you are able to accurately demonstrate
compliance with the applicable standards in this chapter.
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* * * * *
0
206. Add Sec.  1065.274 to subpart C to read as follows:

Sec.  1065.274  Zirconium dioxide (ZrO2) NOX analyzer.

    (a) Application. You may use a zirconia oxide (ZrO2)
analyzer to measure NOX in raw exhaust for field-testing
engines.
    (b) Component requirements. We recommend that you use a
ZrO2 analyzer that meets the specifications in

Table 1 of Sec.  1065.205. Note that your ZrO2-based system
must meet the linearity verification in Sec.  1065.307.
    (c) Species measured. The ZrO2-based system must be able
to measure and report NO and NO2 together as NOX. If the
ZrO2-based system cannot measure all of the NO2, you may
develop and apply correction factors based on good engineering judgment
to account for this deficiency.
    (d) Interference. You must account for NH3 interference
with the NOX measurement.
0
207. Amend Sec.  1065.284 by revising the section heading to read as
follows:

Sec.  1065.284  Zirconium dioxide (ZrO2) air-fuel ratio and O2
analyzer.

* * * * *
0
208. Add Sec.  1065.298 to subpart C to read as follows:

Sec.  1065.298  Correcting real-time PM measurement based on
gravimetric PM filter measurement for field-testing analysis.

    (a) Application. You may quantify net PM on a sample medium for
field testing with a continuous PM measurement with correction based on
gravimetric PM filter measurement.
    (b) Measurement principles. Photoacoustic or electrical aerosol
instruments used in field-testing typically under-report PM emissions.
Apply the verifications and corrections described in this section to
meet accuracy requirements.
    (c) Component requirements. (1) Gravimetric PM measurement must
meet the laboratory measurement requirements of this part 1065, noting
that there are specific exceptions to some laboratory requirements and
specification for field testing given in Sec.  1065.905(d)(2). In
addition to those exceptions, field testing does not require you to
verify proportional flow control as specified in Sec.  1065.545. Note
also that the linearity requirements of Sec.  1065.307 apply only as
specified in this section.
    (2) Check the calibration and linearity of the photoacoustic and
electrical aerosol instruments according to the instrument
manufacturer's instructions and the following recommendations:
    (i) For photoacoustic instruments we recommend one of the
following:
    (A) Use a reference elemental carbon-based PM source to calibrate
the instrument Verify the photoacoustic instrument by comparing results
either to a gravimetric PM measurement collected on the filter or to an
elemental carbon analysis of collected PM.
    (B) Use a light absorber that has a known amount of laser light
absorption to periodically verify the instrument's calibration factor.
Place the light absorber in the path of the laser beam. This
verification checks the integrity of the microphone sensitivity, the
power of the laser diode, and the performance of the analog-to-digital
converter.
    (C) Verify that you meet the linearity requirements in Table 1 of
Sec.  1065.307 by generating a maximum reference PM mass concentration
(verified gravimetrically) and then using partial-flow sampling to
dilute to various evenly distributed concentrations.
    (ii) For electrical aerosol instruments we recommend one of the
following:
    (A) Use reference monodisperse or polydisperse PM-like particles
with a mobility diameter or count median diameter greater than 45 nm.
Use an electrometer or condensation particle counter that has a d50 at
or below 10 nm to verify the reference values.
    (B) Verify that you meet the linearity requirements in Table 1 of
Sec.  1065.307 using a maximum reference particle concentration, a
zero-reference concentration, and at least two other evenly distributed
points. Use partial-flow dilution to create the additional reference PM
concentrations. The difference between measured values from the
electrical aerosol and reference instruments at each point must be no
greater than 15% of the mean value from the two measurements at that
point.
    (d) Loss correction. You may use PM loss corrections to account for
PM loss in the sample handling system.
    (e) Correction. Develop a multiplicative correction factor to
ensure that total PM measured by photoacoustic or electrical aerosol
instruments equate to the gravimetric filter-based total PM
measurement. Calculate the correction factor by dividing the mass of PM
captured on the gravimetric filter by the quantity represented by the
total concentration of PM measured by the instrument multiplied by the
time over the test interval multiplied by the gravimetric filter sample
flow rate.
0
209. Amend Sec.  1065.301 by revising paragraph (d) to read as follows:

Sec.  1065.301  Overview and general provisions.

* * * * *
    (d) Use NIST-traceable standards to the tolerances we specify for
calibrations and verifications. Where we specify the need to use NIST-
traceable standards, you may alternatively use international standards
recognized by the CIPM Mutual Recognition Arrangement that are not
NIST-traceable.
0
210. Amend Sec.  1065.305 by revising paragraph (d)(10)(ii) to read as
follows:

Sec.  1065.305  Verifications for accuracy, repeatability, and noise.

* * * * *
    (d) * * *
    (10) * * *
    (ii) The measurement deficiency does not adversely affect your
ability to demonstrate compliance with the applicable standards in this
chapter.
0
211. Amend Sec.  1065.307 by revising paragraphs (b), (d) introductory
text, and (f) to read as follows:

Sec.  1065.307  Linearity verification.

* * * * *
    (b) Performance requirements. If a measurement system does not meet
the applicable linearity criteria referenced in Table 1 of this
section, correct the deficiency by re-calibrating, servicing, or
replacing components as needed. Repeat the linearity verification after
correcting the deficiency to ensure that the measurement system meets
the linearity criteria. Before you may use a measurement system that
does not meet linearity criteria, you must demonstrate to us that the
deficiency does not adversely affect your ability to demonstrate
compliance with the applicable standards in this chapter.
* * * * *
    (d) Reference signals. This paragraph (d) describes recommended
methods for generating reference values for the linearity-verification
protocol in paragraph (c) of this section. Use reference values that
simulate actual values, or introduce an actual value and measure it
with a reference-measurement system. In the latter case, the reference
value is the value reported by the reference-measurement system.
Reference values and reference-measurement systems must be NIST-
traceable. We recommend using calibration reference quantities that are
NIST-traceable within 0.5% uncertainty, if not specified
elsewhere in this part 1065. Use the following recommended methods to
generate reference values or use good engineering judgment to select a
different reference:
* * * * *
    (f) Performance criteria for measurement systems. Table 1 follows:
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* * * * *
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0
212. Amend Sec.  1065.308 by revising paragraph (e)(3) to read as
follows:

Sec.  1065.308  Continuous gas analyzer system-response and updating-
recording verification--for gas analyzers not continuously compensated
for other gas species.

* * * * *
    (e) * * *
    (3) If a measurement system fails the criteria in paragraphs (e)(1)
and (2) of this section, you may use the measurement system only if the
deficiency does not adversely affect your ability to show compliance
with the applicable standards in this chapter.
* * * * *
0
213. Amend Sec.  1065.309 by revising paragraph (e)(3) to read as
follows:

Sec.  1065.309  Continuous gas analyzer system-response and updating-
recording verification--for gas analyzers continuously compensated for
other gas species.

* * * * *
    (e) * * *
    (3) If a measurement system fails the criteria in paragraphs (e)(1)
and (2) of this section, you may use the measurement system only if the
deficiency does not adversely affect your ability to show compliance
with the applicable standards in this chapter.
* * * * *
0
214. Amend Sec.  1065.315 by revising paragraphs (a)(1) through (3) and
(b) to read as follows:

Sec.  1065.315  Pressure, temperature, and dewpoint calibration.

    (a) * * *
    (1) Pressure. We recommend temperature-compensated, digital-
pneumatic, or deadweight pressure calibrators, with data-logging

capabilities to minimize transcription errors. We recommend using
calibration reference quantities that are NIST-traceable within 0.5% uncertainty.
    (2) Temperature. We recommend digital dry-block or stirred-liquid
temperature calibrators, with data logging capabilities to minimize
transcription errors. We recommend using calibration reference
quantities that are NIST-traceable within 0.5% uncertainty.
You may perform linearity verification for temperature measurement
systems with thermocouples, RTDs, and thermistors by removing the
sensor from the system and using a simulator in its place. Use a NIST-
traceable simulator that is independently calibrated and, as
appropriate, cold-junction compensated. The simulator uncertainty
scaled to absolute temperature must be less than 0.5% of
Tmax. If you use this option, you must use sensors that the
supplier states are accurate to better than 0.5% of Tmax
compared with their standard calibration curve.
    (3) Dewpoint. We recommend a minimum of three different
temperature-equilibrated and temperature-monitored calibration salt
solutions in containers that seal completely around the dewpoint
sensor. We recommend using calibration reference quantities that are
NIST-traceable within 0.5% uncertainty.
    (b) You may remove system components for off-site calibration. We
recommend specifying calibration reference quantities that are NIST-
traceable within 0.5% uncertainty.
0
215. Amend Sec.  1065.320 by revising paragraph (c) to read as follows:

Sec.  1065.320  Fuel-flow calibration.

* * * * *
    (c) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of the tubing configuration upstream and
downstream of the flow meter. We recommend specifying calibration
reference quantities that are NIST-traceable within 0.5%
uncertainty.
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216. Amend Sec.  1065.325 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1065.325  Intake-flow calibration.