(4) In 40 CFR 1060.505 we specify information needs for
establishing various changes to published test procedures.
    (c) We specify the following requirements related to testing in 40
CFR part 1065:
    (1) In 40 CFR 1065.2 we give an overview of principles for
reporting information.
    (2) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published test procedures.
    (3) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (4) In 40 CFR 1065.695 we identify data that may be appropriate for
collecting during testing of in-use engines using portable analyzers.
    (d) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (3) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (4) In 40 CFR 1068.105 we require vessel manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (5) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.

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

    (a) The following standard applies to marine spark-ignition
engines produced before the model years specified in Sec.  1045.1,
at the end of the phase-in period specified in 40 CFR 91.104:
    (1) For engines below 4.3 kW, the HC+NOX standard is
81.00 g/kW-hr.
    (2) For engines at or above 4.3 kW, the following
HC+NOX standard applies:

STD = 6.00 + 0.250 [middot] (151 + 557/P0.9)

Where:

STD = The HC+NOX emission standard, in g/kW-hr.
P = The average power of an engine family, in kW.

    (b) See 40 CFR 91.104 for standards that applied during the
phase-in period.

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

    (a) The following duty cycle applies for discrete-mode testing:

----------------------------------------------------------------------------------------------------------------
                                                                                Torque         Weighting
                 E4 mode no.                           Engine speed \1\           (percent) \2\       factors
----------------------------------------------------------------------------------------------------------------
1............................................  Maximum Test Speed..............            100              0.06
2............................................  80 %............................             71.6            0.14
3............................................  60 %............................             46.5            0.15
4............................................  40 %............................             25.3            0.25
5............................................  Idle............................              0             0.40
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065. Percent speed values are relative to maximum test speed.
\2\ Except as noted in Sec.   1045.505, the percent torque is relative to maximum torque at maximum test speed.

    (b) The following duty cycle applies for ramped-modal testing:

----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)       Engine  speed \1, 2\       Torque (percent) \2, 3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             225  Idle......................  0.
1b Transition...........................              20  Linear Transition.........  Linear Transition.
2a Steady-state.........................              63  Maximum Test Speed........  100.
2b Transition...........................              20  Linear Transition.........  Linear Transition.
*3a Steady-state........................             271  40%.......................  25.3.
3b Transition...........................              20  Linear Transition.........  Linear Transition.
4a Steady-state.........................             151  80%.......................  71.6.
4b Transition...........................              20  Linear Transition.........  Linear Transition.
5a Steady-state.........................             161  60%.......................  46.5.
5b Transition...........................              20  Linear Transition.........  Linear Transition.
6 Steady-state..........................             229  Idle......................  0.
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065. Percent values are relative to maximum test speed.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  linear progressions of speed and torque from the speed setting and torque setting of the current mode to the
  speed setting and torque setting of the next mode.
\3\ The percent torque is relative to maximum torque at maximum test speed.

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

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

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

Subpart A--[Amended]

    48. Section 1048.1 is amended by revising paragraph (d) to read as
follows:

Sec.  1048.1  Does this part apply to me?

* * * * *
    (d) In certain cases, the regulations in this part 1048 apply to
engines with maximum engine power at or below 19 kW that would
otherwise be covered by 40 CFR part 90 or 1054. See 40 CFR 90.913 or
1054.615 for provisions related to this allowance.
    49. A new Sec.  1048.2 is added to read as follows:

Sec.  1048.2  Who is responsible for compliance?

    The regulations in this part 1048 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, as defined in Sec.
1048.801, especially for issues related to certification (including
production-line testing, reporting, etc.).
    50. Section 1048.5 is amended by revising paragraph (b) and adding
paragraph (c) to read as follows:

Sec.  1048.5  Which engines are excluded from this part's requirements?

* * * * *
    (b) Propulsion marine engines. See 40 CFR parts 91 and 1045. This
part applies with respect to auxiliary marine engines.
    (c) Engines that are certified to meet the requirements of 40 CFR
parts 92 or 1033 (locomotive engines), or are otherwise subject to 40
CFR parts 92 or 1033.
    51. Section 1048.10 is amended by revising the introductory text to
read as follows:

Sec.  1048.10  How is this part organized?

    This part 1048 is divided into the following subparts:
* * * * *
    52. Section 1048.15 is amended by revising the section heading to
read as follows:

Sec.  1048.15  Do any other regulation parts apply to me?

Subpart B--[Amended]

    53. Section 1048.101 is amended by adding paragraph (a)(2)(iv) and
revising paragraphs (f) and (h) to read as follows:

Sec.  1048.101  What exhaust emission standards must my engines meet?

* * * * *
    (a) * * *
    (2) * * *

    (iv) Constant-speed engines and severe-duty engines.
* * * * *
    (f) Small engines. Certain engines with total displacement at or
below 1000 cc may comply with the requirements of 40 CFR part 90 or
1054 instead of complying with the requirements of this part, as
described in Sec.  1048.615.
* * * * *
    (h) Applicability for testing. The duty-cycle emission standards in
this subpart apply to all testing performed according to the procedures
in Sec. Sec.  1048.505 and 1048.510, including certification,
production-line, and in-use testing. The field-testing standards apply
for all testing performed according to the procedures of subpart F of
this part.
    54. Section 1048.105 is revised to read as follows:

Sec.  1048.105  What evaporative emission standards and requirements
apply?

    Starting in the 2007 model year, new engines that run on a volatile
liquid fuel (such as gasoline) must meet the emission standards of this
section over a useful life of five years. Note that Sec.  1048.245
allows you to use design-based certification instead of generating new
emission data. Auxiliary marine engines must meet the evaporative
emission standards in 40 CFR 1045.107 instead of the standards in this
section.
    (a) Fuel line permeation. For nonmetallic fuel lines, you must
specify and use products that meet the Category 1 specifications for
permeation in SAE J2260 (incorporated by reference in Sec.  1048.810).
    (b) [Reserved]
    (c) Diurnal emissions. Evaporative hydrocarbon emissions may not
exceed 0.2 grams per gallon of fuel tank capacity when measured using
the test procedures specified in 40 CFR 1060.525, except that
permeation emissions may not be subtracted from the measured value.
Diurnal emission controls must continue to function during engine
operation.
    (d) Running loss. Liquid fuel in the fuel tank may not reach
boiling during continuous engine operation in the final installation at
an ambient temperature of 30 [deg]C. Note that gasoline with a Reid
vapor pressure of 62 kPa (9 psi) begins to boil at about 53 [deg]C at
atmospheric pressure, and at about 60 [deg]C for fuel tanks that hold
pressure as described in Sec.  1048.245(e)(1)(i).
    (e) Installation. If other companies install your engines in their
equipment, you may introduce your engines into U.S. commerce without
meeting all the requirements in this section. However, you must give
equipment manufacturers any appropriate instructions so that fully
assembled equipment will meet all the requirements in this section, as
described in Sec.  1048.130. Introducing equipment into U.S. commerce
without meeting all the requirements of this section violates 40 CFR
1068.101(a)(1).
    55. Section 1048.110 is amended by revising paragraphs (c) and (d)
to read as follows:

Sec.  1048.110  How must my engines diagnose malfunctions?

* * * * *
    (c) Control when the MIL can go out. If the MIL goes on to show a
malfunction or system error, it must remain on during all later engine
operation until servicing corrects the malfunction. If the engine is
not serviced, but the malfunction or system error does not recur for
three consecutive engine starts during which the malfunctioning system
is evaluated and found to be working properly, the MIL may stay off
during later engine operation.
    (d) Store trouble codes in computer memory. Record and store in
computer memory any diagnostic trouble codes showing a malfunction that
should illuminate the MIL. The stored codes must identify the
malfunctioning system or component as uniquely as possible. Make these
codes available through the data link connector as described in
paragraph (g) of this section. You may store codes for conditions that
do not turn on the MIL. The system must store a separate code to show
when the diagnostic system is disabled.
* * * * *
    56. Section 1048.115 is amended by revising the section heading,
introductory text, and paragraph (e) to read as follows:

Sec.  1048.115  What other requirements apply?

    Engines that are required to meet the emission standards of this
part must meet the following requirements:
* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. An operating parameter is not considered
adjustable if you permanently seal it or if it is not normally
accessible using ordinary tools. We may require that you set adjustable
parameters to any specification within the adjustable range during any
testing, including certification testing, production-line testing, or
in-use testing.
* * * * *
    57. Section 1048.120 is amended by revising paragraph (c) to read
as follows:

Sec.  1048.120  What emission-related warranty requirements apply to
me?

* * * * *
    (c) Components covered. The emission-related warranty covers all
components whose failure would increase an engine's emissions of any
pollutant, including those listed in 40 CFR part 1068, Appendix I, and
those from any other system you develop to control emissions. The
emission-related warranty covers these components even if another
company produces the component. Your emission-related warranty does not
cover components whose failure would not increase an engine's emissions
of any pollutant.
* * * * *
    58. Section 1048.125 is amended by revising paragraph (d) to read
as follows:

Sec.  1048.125  What maintenance instructions must I give to buyers?

* * * * *
    (d) Noncritical emission-related maintenance. Subject to the
provisions of this paragraph (d), you may schedule any amount of
emission-related inspection or maintenance that is not covered by
paragraph (a) of this section (i.e., maintenance that is neither
explicitly identified as critical emission-related maintenance, nor
that we approve as critical emission-related maintenance). Noncritical
emission-related maintenance generally includes changing spark plugs,
re-seating valves, or any other emission-related maintenance on the
components we specify in 40 CFR part 1068, Appendix I. You must state
in the owners manual that these steps are not necessary to keep the
emission-related warranty valid. If operators fail to do this
maintenance, this does not allow you to disqualify those engines from
in-use testing or deny a warranty claim. Do not take these inspection
or maintenance steps during service accumulation on your emission-data
engines.
* * * * *
    59. Section 1048.135 is amended by revising paragraphs (c)(5),
(c)(11), (c)(17), and (f) to read as follows:

Sec.  1048.135  How must I label and identify the engines I produce?

* * * * *
    (c) * * *
    (5) State the date of manufacture [MONTH and YEAR]; however, you
may omit this from the label if you stamp or engrave it on the engine.
* * * * *

    (11) Identify the emission standards to which you have certified
the engine (in g/kW-hr).
* * * * *
    (17) If your engines are certified to the voluntary standards in
Sec.  1048.140, state: ``BLUE SKY SERIES'' and identify the standard to
which you certify the engines.
* * * * *
    (f) If you obscure the engine label while installing the engine in
the equipment such that the label cannot be read during normal
maintenance, you must place a duplicate label on the equipment. If
others install your engine in their equipment in a way that obscures
the engine label, we require them to add a duplicate label on the
equipment (see 40 CFR 1068.105); in that case, give them the number of
duplicate labels they request and keep the following records for at
least five years:
    (1) Written documentation of the request from the equipment
manufacturer.
    (2) The number of duplicate labels you send for each engine family
and the date you sent them.
    60. Section 1048.140 is revised to read as follows:

Sec.  1048.140  What are the provisions for certifying Blue Sky Series
engines?

    This section defines voluntary standards for a recognized level of
superior emission control for engines designated as ``Blue Sky Series''
engines. If you certify an engine family under this section, it is
subject to all the requirements of this part as if these voluntary
standards were mandatory. To receive a certificate of conformity as
``Blue Sky Series,'' you must certify to one of the sets of exhaust
emission standards in the following table:

   Table 1 to Sec.   1048.140.--Standards for Blue Sky Series Engines
                                (g/kW-hr)
------------------------------------------------------------------------
 Standards for steady-state and        Standards for  field-testing
    transient test procedures                   procedures
------------------------------------------------------------------------
      HC+NOX             CO             HC+NOX                CO
------------------------------------------------------------------------
        0.80           4.4                1.10                 6.6
        0.60           4.4                0.84                 6.6
        0.40           4.4                0.56                 6.6
        0.20           4.4                0.28                 6.6
        0.10           4.4                0.14                 6.6
------------------------------------------------------------------------

Subpart C--[Amended]

    61. Section 1048.201 is amended by revising paragraph (a) to read
as follows:

Sec.  1048.201  What are the general requirements for obtaining a
certificate of conformity?

    (a) You must send us a separate application for a certificate of
conformity for each engine family. A certificate of conformity is valid
starting with the indicated effective date, but it is not valid for any
production after December 31 of the model year for which it is issued.
No certificate will be issued after December 31 of the model year.
* * * * *
    62. Section 1048.205 is amended by revising paragraphs (b), (p)(1),
(q), (r) introductory text, (y), and (aa) to read as follows:

Sec.  1048.205  What must I include in my application?

* * * * *
    (b) Explain how the emission control systems operate. Describe the
evaporative emission controls. Also describe in detail all system
components for controlling exhaust emissions, including all auxiliary
emission control devices (AECDs) and all fuel-system components you
will install on any production or test engine. Identify the part number
of each component you describe. For this paragraph (b), treat as
separate AECDs any devices that modulate or activate differently from
each other. Include sufficient detail to allow us to evaluate whether
the AECDs are consistent with the defeat device prohibition of Sec.
1048.115.
* * * * *
    (p) * * *
    (1) Present exhaust emission data for HC, NOX, and CO on
an emission-data engine to show your engines meet the applicable duty-
cycle emission standards we specify in Sec.  1048.101. Show emission
figures before and after applying deterioration factors for each
engine. Include emission results for each mode if you do discrete-mode
testing under Sec.  1048.505. Include test data for each type of fuel
from 40 CFR part 1065, subpart H, on which you intend for engines in
the engine family to operate (for example, gasoline, liquefied
petroleum gas, methanol, or natural gas). If we specify more than one
grade of any fuel type (for example, a summer grade and winter grade of
gasoline), you need to submit test data only for one grade unless the
regulations of this part specify otherwise for your engine. Note that
Sec.  1048.235 allows you to submit an application in certain cases
without new emission data.
* * * * *
    (q) State that all the engines in the engine family comply with the
field-testing emission standards we specify in Sec.  1048.101(c) for
all normal operation and use when tested as specified in Sec.
1048.515. Describe any relevant testing, engineering analysis, or other
information in sufficient detail to support your statement.
    (r) For engines not subject to transient testing requirements in
Sec.  148.101(a), include information showing how your emission
controls will function during normal in-use transient operation. For
example, this might include the following:
* * * * *
    (y) Include good-faith estimates of U.S.-directed production
volumes. Include a justification for the estimated production volumes
if they are substantially different than actual production volumes in
earlier years for similar models.
* * * * *
    (aa) Name an agent for service located in the United States.
Service on this agent constitutes service on you or any of your
officers or employees for any action by EPA or otherwise by the United
States related to the requirements of this part.
    63. Section 1048.220 is amended by revising the introductory text
to read as follows:

Sec.  1048.220  How do I amend the maintenance instructions in my
application?

    You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec.  1048.125.
You must send the Designated Compliance Officer a written request to
amend your application for certification for an engine family if you
want to change the emission-related maintenance instructions in a way
that could affect emissions. In your request, describe the proposed
changes to the maintenance instructions. We will disapprove your
request if we determine that the amended instructions are inconsistent
with maintenance you performed on emission-data engines. If operators
follow the original maintenance instructions rather than the newly
specified maintenance, this does not allow you to disqualify those
engines from in-use testing or deny a warranty claim.
* * * * *
    64. Section 1048.225 is revised to read as follows:

Sec.  1048.225  How do I amend my application for certification to
include new or modified engine configurations?

    Before we issue you a certificate of conformity, you may amend your
application to include new or modified engine configurations, subject
to the provisions of this section. After we have issued your
certificate of conformity, you may send us an amended application
requesting that we include new or modified engine configurations within
the scope of the certificate, subject to the provisions of this
section. You must amend your application if any changes occur with
respect to any information included in your application.
    (a) You must amend your application before you take any of the
following actions:
    (1) Add an engine configuration to an engine family. In this case,
the engine configuration added must be consistent with other engine
configurations in the engine family with respect to the criteria listed
in Sec.  1048.230.
    (2) Change an engine configuration already included in an engine
family in a way that may affect emissions, or change any of the
components you described in your application for certification. This
includes production and design changes that may affect emissions any
time during the engine's lifetime.
    (b) To amend your application for certification, send the
Designated Compliance Officer the following information:
    (1) Describe in detail the addition or change in the engine model
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by showing that the original emission-data engine is still
appropriate for showing that the amended family complies with all
applicable requirements.
    (3) If the original emission-data engine for the engine family is
not appropriate to show compliance for the new or modified engine
configuration, include new test data showing that the new or modified
engine configuration meets the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your newly added or modified engine. You may ask for
a hearing if we deny your request (see Sec.  1048.820).
    (e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified engine
configuration anytime after you send us your amended application and
before we make a decision under paragraph (d) of this section. However,
if we determine that the affected engines do not meet applicable
requirements, we will notify you to cease production of the engines and
may require you to recall the engines at no expense to the owner.
Choosing to produce engines under this paragraph (e) is deemed to be
consent to recall all engines that we determine do not meet applicable
emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph (c) of this section within 30
days, you must stop producing the new or modified engines.
    65. Section 1048.230 is amended by revising paragraphs (a) and (d)
to read as follows:

Sec.  1048.230  How do I select engine families?

    (a) For purposes of certification, divide your product line into
families of engines that are expected to have similar emission
characteristics throughout the useful life as described in this
section. Your engine family is limited to a single model year.
* * * * *
    (d) In unusual circumstances, you may group engines that are not
identical with respect to the things listed in paragraph (b) of this
section in the same engine family if you show that their emission
characteristics during the useful life will be similar.
* * * * *
    66. Section 1048.235 is amended by revising paragraph (d)(1) to
read as follows:

Sec.  1048.235  What emission testing must I perform for my application
for a certificate of conformity?

* * * * *
    (d) * * *
    (1) The emission family from the previous model year differs from
the current emission family only with respect to model year or other
characteristics unrelated to emissions. You may also ask to add a
configuration subject to Sec.  1048.225.
* * * * *
    67. Section 1048.240 is amended by revising paragraphs (c)(1) and
(c)(2) to read as follows:

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

* * * * *
    (c) * * *
    (1) Multiplicative deterioration factor. Except as specified in
paragraph (c)(2) of this section, use a multiplicative deterioration
factor for exhaust emissions. A multiplicative deterioration factor is
the ratio of exhaust emissions at the end of useful life to exhaust
emissions at the low-hour test point. Adjust the official emission
results for each tested engine at the selected test point by
multiplying the measured emissions by the deterioration factor. If the
factor is less than one, use one.
    (2) Additive deterioration factor. Use an additive deterioration
factor for exhaust emissions if engines do not use aftertreatment
technology. Also, you may use an additive deterioration factor for
exhaust emissions for a particular pollutant if all the emission-data
engines in the engine family have low-hour emission levels below 0.3 g/
kW-hr (for CO or HC+NOX, as appropriate), unless a
multiplicative deterioration factor is more appropriate. For example,
you should use a multiplicative deterioration factor if emission
increases are best represented by the ratio of exhaust emissions at the
end of the useful life to exhaust emissions at the low-hour test point.
An additive deterioration factor is the difference between exhaust
emissions at the end of useful life and exhaust emissions at the low-
hour test point. Adjust the official emission results for each tested
engine at the selected test point by adding the factor to the measured
emissions. If the factor is less than zero, use zero.
* * * * *
    68. Section 1048.245 is amended by revising paragraphs (c) and
(e)(1)(i) to read as follows:

Sec.  1048.245  How do I demonstrate that my engine family complies
with evaporative emission standards?

* * * * *
    (c) Use good engineering judgment to develop a test plan to
establish deterioration factors to show how much emissions increase at
the end of the useful life.
* * * * *
    (e) * * *
    (1) * * *
    (i) Use a tethered or self-closing gas cap on a fuel tank that
stays sealed up to a positive pressure of 24.5 kPa (3.5 psig); however,
they may contain air inlets that open when there is a vacuum pressure
inside the tank. Nonmetal fuel tanks must also use one of the

qualifying designs for controlling permeation emissions specified in 40
CFR 1060.240.
* * * * *
    69. Section 1048.250 is amended by redesignating paragraphs (a)
through (d) as paragraphs (b) through (e), respectively, and adding a
new paragraph (a) to read as follows:

Sec.  1048.250  What records must I keep and make available to EPA?

    (a) If you produce vehicles under any provisions of this part that
are related to production volumes, send the Designated Compliance
Officer a report within 30 days after the end of the model year
describing the total number of vehicles you produced in each engine
family. For example, if you use special provisions intended for small-
volume manufacturers, report your production volumes to show that you
do not exceed the applicable limits.
* * * * *
    70. Section 1048.255 is amended by revising the section heading and
paragraph (d) to read as follows:

Sec.  1048.255  What decisions may EPA make regarding my certificate of
conformity?

* * * * *
    (d) We may void your certificate if you do not keep the records we
require or do not give us information as required under this part or
the Act.
* * * * *

Subpart D--[Amended]

    71. Section 1048.301 is amended by revising paragraphs (a) and (c)
to read as follows:

Sec.  1048.301  When must I test my production-line engines?

    (a) If you produce engines that are subject to the requirements of
this part, you must test them as described in this subpart, except as
follows:
    (1) [Reserved]
    (2) We may exempt engine families with a projected U.S.-directed
production volume below 150 units from routine testing under this
subpart. Request this exemption in the application for certification
and include your basis for projecting a production volume below 150
units. You must promptly notify us if your actual production exceeds
150 units during the model year. If you exceed the production limit or
if there is evidence of a nonconformity, we may require you to test
production-line engines under this subpart, or under 40 CFR part 1068,
subpart E, even if we have approved an exemption under this paragraph
(a)(2).
* * * * *
    (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 these production-
line testing requirements. The requirements of this subpart do not
affect our ability to do selective enforcement audits, as described in
part 1068 of this chapter. Individual engines in families that pass
these production-line testing requirements must also conform to all
applicable regulations of this part and part 1068 of this chapter.
* * * * *
    72. Section 1048.305 is amended by adding introductory text and
revising paragraphs (a), (d), and (g) to read as follows:

Sec.  1048.305  How must I prepare and test my production-line engines?

    This section describes how to prepare and test production-line
engines. You must assemble the test engine in a way that represents the
assembly procedures for other engines in the engine family. You must
ask us to approve any deviations from your normal assembly procedures
for other production engines in the engine family.
    (a) Test procedures. Test your production-line engines using either
the steady-state or transient testing procedures specified in subpart F
of this part to show you meet the duty-cycle emission standards in
subpart B of this part. The field-testing standards apply for this
testing, but you need not do additional testing to show that
production-line engines meet the field-testing standards.
* * * * *
    (d) Setting adjustable parameters. Before any test, we may require
you to adjust any adjustable parameter to any setting within its
physically adjustable range.
    (1) We may require you to adjust idle speed outside the physically
adjustable range as needed, but only until the engine has stabilized
emission levels (see paragraph (e) of this section). We may ask you for
information needed to establish an alternate minimum idle speed.
    (2) We may specify adjustments within the physically adjustable
range by considering their effect on emission levels, as well as how
likely it is someone will make such an adjustment with in-use engines.
* * * * *
    (g) Retesting after invalid tests. You may retest an engine if you
determine an emission test is invalid under subpart F of this part.
Explain in your written report reasons for invalidating any test and
the emission results from all tests. If you retest an engine, you may
ask us to substitute results of the new tests for the original ones.
You must ask us within ten days of testing. We will generally answer
within ten days after we receive your information.
    73. Section 1048.310 is amended by revising paragraphs (a), (c)
introductory text, (c)(2), (f), (g), and (h) to read as follows:

Sec.  1048.310  How must I select engines for production-line testing?

    (a) Use test results from two engines each quarter to calculate the
required sample size for the model year for each engine family.
* * * * *
    (c) Calculate the required sample size for each engine family.
Separately calculate this figure for HC+NOX and CO. The
required sample size is the greater of these calculated values. Use the
following equation:

N = [(t95 x [sigma])/(x - STD)]2 + 1

Where:

N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the
number of tests completed, n, as specified in the table in paragraph
(c)(1) of this section. It defines 95% confidence intervals for a
one-tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard.
 [sigma] = Test sample standard deviation (see paragraph (c)(2) of
this section). * * *
    (2) Calculate the standard deviation, [sigma], for the test sample
using the following formula:

[sigma] = [[Sigma](Xi - x)2/(n -
1)]1/2

Where:

Xi = Emission test result for an individual engine.
n = The number of tests completed in an engine family.

* * * * *
    (f) Distribute the remaining tests evenly throughout the rest of
the year. You may need to adjust your schedule for selecting engines if
the required sample size changes. If your scheduled quarterly testing
for the remainder of the model year is sufficient to meet the
calculated sample size, you may wait until the next quarter to do
additional testing. Continue to randomly select engines from each
engine family.
    (g) Continue testing until one of the following things happens:
    (1) After completing the minimum number of tests required in
paragraph (b) of this section, the number of tests completed in an
engine family, n, is greater than the required sample size, N, and the
sample mean, x, is less than or

[[Continued on page 28297]]

]

[[pp. 28297-28346]] Control of Emissions from Nonroad Spark-Ignition Engines and
Equipment

[[Continued from page 28296]]

equal to the emission standard. For example, if N = 5.1 after the fifth
test, the sample-size calculation does not allow you to stop testing.
    (2) The engine family does not comply according to Sec.  1048.315.
    (3) You test 30 engines from the engine family.
    (4) You test one percent of your projected annual U.S.-directed
production volume for the engine family, rounded to the nearest whole
number. Do not count an engine under this paragraph (g)(4) if it fails
to meet an applicable emission standard. You may stop testing after you
test one percent of your production volume even if you have not tested
the number of engines specified in paragraph (b) of this section. For
example, if projected volume is 475 engines, test two engines in each
of the first two quarters and one engine in the third quarter to
fulfill your testing requirements under this section for that engine
family.
    (5) You choose to declare that the engine family does not comply
with the requirements of this subpart.
    (h) If the sample-size calculation allows you to stop testing for
one pollutant but not another, you must continue measuring emission
levels of all pollutants for any additional tests required under this
section. However, you need not continue making the calculations
specified in this section for the pollutant for which testing is not
required. This paragraph (h) does not affect the number of tests
required under this section or the remedial steps required under Sec.
1048.320.
* * * * *
    74. Section 1048.315 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  1048.315  How do I know when my engine family fails the
production-line testing requirements?

* * * * *
    (a) Calculate your test results as follows:
    (1) Initial and final test results. Calculate and round the test
results for each engine. If you do several tests on an engine,
calculate the initial test results, then add them together and divide
by the number of tests and round for the final test results on that
engine.
    (2) Final deteriorated test results. Apply the deterioration factor
for the engine family to the final test results (see Sec.
1048.240(c)).
    (3) Round deteriorated test results. Round the results to the
number of decimal places in the emission standard expressed to one more
decimal place.
    (b) Construct the following CumSum Equation for each engine family
for HC+NOX and CO emissions:

Ci = Max [0 or Ci-1 + Xi - (STD + 0.25
x [sigma])]

Where:

Ci = The current CumSum statistic.
Ci-1 = The previous CumSum statistic. For the first test,
the CumSum statistic is 0 (i.e., C1 = 0).
Xi = The current emission test result for an individual
engine.
STD = Emission standard.
* * * * *
    75. Section 1048.325 is amended by revising the section heading and
paragraph (c) to read as follows:

Sec.  1048.325  What happens if an engine family fails the production-
line testing requirements?

* * * * *
    (c) Up to 15 days after we suspend the certificate for an engine
family, you may ask for a hearing (see Sec.  1048.820). If we agree
before a hearing occurs that we used erroneous information in deciding
to suspend the certificate, we will reinstate the certificate.
* * * * *
    76. Section 1048.345 is amended by revising paragraphs (a)(4),
(a)(5), (a)(8), and (c) to read as follows:

Sec.  1048.345  What production-line testing records must I send to
EPA?

* * * * *
    (a) * * *
    (4) 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.
    (5) Identify how you accumulated hours of operation on the engines
and describe the procedure and schedule you used.
* * * * *
    (8) Provide the CumSum analysis required in Sec.  1048.315 and the
sample-size calculation required in Sec.  1048.310 for each engine
family.
* * * * *
    (c) 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 1048. 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)
* * * * *
    77. Section 1048.350 is amended by revising paragraphs (b) and (e)
to read as follows:

Sec.  1048.350  What records must I keep?

* * * * *
    (b) Keep paper records of your production-line testing for eight
years after you complete all the testing required for an engine family
in a model year. You may use any additional storage formats or media if
you like.
* * * * *
    (e) If we ask, you must give us projected or actual production
figures for an engine family. We may ask you to divide your production
figures by maximum engine power, displacement, fuel type, or assembly
plant (if you produce engines at more than one plant).
* * * * *

Subpart E--[Amended]

    78. Section 1048.410 is amended by revising paragraph (e) to read
as follows:

Sec.  1048.410  How must I select, prepare, and test my in-use engines?

* * * * *
    (e) You may do repeat measurements with a test engine; however, you
must conduct the same number of tests on each engine.
* * * * *
    79. Section 1048.415 is amended by revising paragraphs (c) and (d)
to read as follows:

Sec.  1048.415  What happens if in-use engines do not meet
requirements?

* * * * *
    (c) We will consider failure rates, average emission levels, and
any defects--among other things--to decide on taking remedial action
under this subpart (see 40 CFR 1068.505). We may consider the results
from any voluntary additional testing you perform. We may also consider
information related to testing from other engine families showing that
you designed them to exceed the minimum requirements for controlling
emissions. We may order a recall before or after you complete testing
of an engine family if we determine a substantial number of engines do
not conform to section 213 of the Act or to this part. The scope of the
recall may include other engine families in the same or different model
years if the cause of the problem identified in paragraph (a) of this
section applies more broadly than the tested engine family, as allowed
by the Act.

    (d) If in-use testing reveals a design or manufacturing defect that
prevents engines from meeting the requirements of this part, you must
correct the defect as soon as possible for any future production for
engines in every family affected by the defect. See 40 CFR 1068.501 for
additional requirements related to defect reporting.
* * * * *

Subpart F--[Amended]

    80. Section 1048.501 is amended by removing paragraph (h), removing
and reserving paragraph (e), and revising paragraph (c) to read as
follows:

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

* * * * *
    (c) Use the fuels and lubricants specified in 40 CFR part 1065,
subpart H, to perform valid tests for all the testing we require in
this part, except as noted in Sec.  1048.515. For service accumulation,
use the test fuel or any commercially available fuel that is
representative of the fuel that in-use engines will use.
* * * * *
    81. Section 1048.505 is amended by revising paragraphs (a) and
(b)(1) to read as follows:

Sec.  1048.505  What transient duty cycles apply for laboratory
testing?

* * * * *
    (a) You may perform steady-state testing with either discrete-mode
or ramped-modal cycles, as follows:
    (1) For discrete-mode testing, sample emissions separately for each
mode, then calculate an average emission level for the whole cycle
using the weighting factors specified for each mode. Calculate cycle
statistics for each mode and compare with the specified values in 40
CFR 1065.514 to confirm that the test is valid. Operate the engine and
sampling system as follows:
    (i) Engines with lean NOX aftertreatment. For lean-burn engines
that depend on aftertreatment to meet the NOX emission
standard, operate the engine for 5-6 minutes, then sample emissions for
1-3 minutes in each mode.
    (ii) Engines without lean NOX aftertreatment. For other engines,
operate the engine for at least 5 minutes, then sample emissions for at
least 1 minute in each mode.
    (2) For ramped-modal testing, start sampling at the beginning of
the first mode and continue sampling until the end of the last mode.
Calculate emissions and cycle statistics the same as for transient
testing as specified in 40 CFR part 1065, subpart G.
    (b) * * *
    (1) For engines from an engine family that will be used only in
variable-speed applications, use one of the following duty cycles:
    (i) The following duty cycle applies for discrete-mode testing:

                                           Table 1 to Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                                                                Observed        Weighting
                  C2 mode No.                           Engine speed \1\            torque \2\        factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Maximum test speed..............              25            0.06
2.............................................  Intermediate test...............             100            0.02
3.............................................  Intermediate test...............              75            0.05
4.............................................  Intermediate test...............              50            0.32
5.............................................  Intermediate test...............              25            0.30
6.............................................  Intermediate test...............              10            0.10
7.............................................  Idle............................               0           0.15
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the given engine speed.

    (ii) The following duty cycle applies for ramped-modal testing:

                                           Table 2 to Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)       Engine speed \1\ \2\      Torque  (percent) \2\ \3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             119  Warm Idle.................  0.
1b Transition...........................              20  Linear Transition.........  Linear Transition.
2a Steady-state.........................              29  Intermediate Speed........  100.
2b Transition...........................              20  Intermediate Speed........  Linear Transition.
3a Steady-state.........................             150  Intermediate Speed........  10.
3b Transition...........................              20  Intermediate Speed........  Linear Transition.
4a Steady-state.........................              80  Intermediate Speed........  75.
4b Transition...........................              20  Intermediate Speed........  Linear Transition.
5a Steady-state.........................             513  Intermediate Speed........  25.
5b Transition...........................              20  Intermediate Speed........  Linear Transition.
6a Steady-state.........................             549  Intermediate Speed........  50.
6b Transition...........................              20  Linear Transition.........  Linear Transition.
7a Steady-state.........................              96  Maximum test speed........  25.
7b Transition...........................              20  Linear Transition.........  Linear Transition.
8 Steady-state..........................             124  Warm Idle.................  0.
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the torque setting of the current mode to the torque setting of the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

* * * * *
    82. Section 1048.510 is amended by revising paragraphs (a) and
(c)(1) to read as follows:

Sec.  1048.510  What transient duty cycles apply for laboratory
testing?

    (a) Starting with the 2007 model year, measure emissions by testing
the engine on a dynamometer with the duty cycle described in Appendix
II to determine whether it meets the transient emission standards in
Sec.  1048.101(a).
* * * * *
    (c) * * *
    (1) Operate the engine for the first 180 seconds of the appropriate
duty cycle, then allow it to idle without load for 30 seconds. At the
end of the 30-second idling period, start measuring emissions as the
engine operates over the prescribed duty cycle. For severe-duty
engines, this engine warm-up procedure may include up to 15 minutes of
operation over the appropriate duty cycle.
* * * * *

Subpart G--[Amended]

    83. Section 1048.605 is amended by revising paragraph (d)(7)(ii) to
read as follows:

Sec.  1048.605  What provisions apply to engines certified under the
motor-vehicle program?

* * * * *
    (d) * * *
    (7) * * *
    (ii) List the engine or equipment models you expect to produce
under this exemption in the coming year and describe your basis for
meeting the sales restrictions of paragraph (d)(3) of this section.
* * * * *
    84. Section 1048.610 is amended by revising paragraphs (d)(7)(ii)
and (g) to read as follows:

Sec.  1048.610  What provisions apply to vehicles certified under the
motor-vehicle program?

* * * * *
    (d) * * *
    (7) * * *
    (ii) List the equipment models you expect to produce under this
exemption in the coming year and describe your basis for meeting the
sales restrictions of paragraph (d)(3) of this section.
* * * * *
    (g) Participation in averaging, banking and trading. Vehicles
adapted for nonroad use under this section may generate credits under
the ABT provisions in 40 CFR part 86. These vehicles must be included
in the calculation of the applicable fleet average in 40 CFR part 86.
    85. Section 1048.615 is amended by revising paragraphs (a)(1),
(a)(3) and (d) to read as follows:

Sec.  1048.615  What are the provisions for exempting engines designed
for lawn and garden applications?

* * * * *
    (a) * * *
    (1) The engine must have a total displacement of 1000.0 cc or less.
* * * * *
    (3) The engine must be in an engine family that has a valid
certificate of conformity showing that it meets emission standards for
Class II engines under 40 CFR part 90 or 1054 for the appropriate model
year.
* * * * *
    (d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 90 or 1054. The
requirements and restrictions of 40 CFR part 90 or 1054 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as if these
engines had a total maximum engine power at or below 19 kW.
    86. Section 1048.630 is revised to read as follows:

Sec.  1048.630  What are the provisions for exempting engines used
solely for competition?

    (a) We may grant you an exemption from the standards and
requirements of this part for a new engine on the grounds that it is to
be used solely for competition. The requirements of this part, other
than those in this section, do not apply to engines that we exempt for
use solely for competition.
    (b) We will exempt engines that we determine will be used solely
for competition. The basis of our determination is described in
paragraphs (c) and (d) of this section. Exemptions granted under this
section are good for only one model year and you must request renewal
for each subsequent model year. We will not approve your renewal
request if we determine the engine will not be used solely for
competition.
    (c) Engines meeting all the following criteria are considered to be
used solely for competition:
    (1) Neither the engine nor any equipment containing the engine may
be displayed for sale in any public dealership or otherwise offered for
sale to the general public.
    (2) Sale of the equipment in which the engine is installed must be
limited to professional competition teams, professional competitors, or
other qualified competitors. Keep records documenting this, such as a
letter requesting an exempted engine.
    (3) The engine and the equipment in which it is installed must have
performance characteristics that are substantially superior to
noncompetitive models.
    (4) The engines are intended for use only as specified in paragraph
(e) of this section.
    (d) You may ask us to approve an exemption for engines not meeting
the applicable criteria listed in paragraph (c) of this section as long
as you have clear and convincing evidence that the engines will be used
solely for competition.
    (e) Engines are considered to be used solely for competition only
if their use is limited to competition events sanctioned by a state or
federal government agency or another widely recognized public
organization with authorizing permits for participating competitors.
Operation of such engines may include only competition events or trials
to qualify for competition events. Authorized attempts to set
performance records (and the associated official trials) are also
considered competition events. Engines will not be considered to be
used solely for competition if they are ever used for any recreational
or other noncompetitive purpose. Any use of exempt engines in
recreational events is a violation of 40 CFR 1068.101.
    (f) You must permanently label engines exempted under this section
to clearly indicate that they are to be used only for competition.
Failure to properly label an engine will void the exemption for that
engine.
    (g) If we request it, you must provide us any information we need
to determine whether the engines or equipment are used solely for
competition. This would include documentation regarding the number of
engines and the ultimate purchaser of each engine. Keep these records
for five years.

Subpart I--[Amended]

    87. Section 1048.801 is amended as follows:
    a. By revising the definitions for ``Constant-speed operation'',
``Designated Compliance Officer'', ``Emission-control system'',
``Maximum engine power'', ``Nonmethane hydrocarbon'', ``Official
emission result'', ``Oxides of nitrogen'',``Small-volume engine
manufacturer'', ``Steady-state'', ``Total hydrocarbon equivalent'', and
``Useful life''.
    b. By revising paragraph (1) of the definition for ``New nonroad
engine''.

    c. By adding text to paragraph (5)(ii) of the definition for
``Model year''.
    d. By adding a definition of ``Engine'' and adding a paragraph
(5)(iii) to the definition for ``Model year''.

Sec.  1048.801  What definitions apply to this part?

* * * * *
    Constant-speed operation has the meaning given in 40 CFR 1065.1001.
* * * * *
    Designated Compliance Officer means the Manager, Heavy-Duty and
Nonroad Engine Group (6405-J), U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
* * * * *
    Emission-control system means any device, system, or element of
design that controls or reduces the emissions of regulated pollutants
from an engine.
* * * * *
    Engine has the meaning given in 40 CFR 1068.30. This includes
complete and partially complete engines.
* * * * *
    Maximum engine power has one of the following meanings:
    (1) For engines at or below 50 kW, maximum engine power has the
meaning given in 40 CFR 90.3 for 2010 and earlier model years and in 40
CFR 1054.140 for 2011 and later model years.
    (2) For engines above 50 kW, maximum engine power has the meaning
given in 40 CFR 1039.140.
* * * * *
    Model year means one of the following things: * * *
    (5) * * *
    (ii) For imported engines described in paragraph (5)(ii) of the
definition of ``new nonroad engine,'' model year means the calendar
year in which the engine is modified.
    (iii) For imported engines described in paragraph (5)(iii) of the
definition of ``new nonroad engine,'' model year means the calendar
year in which the importation occurs.
* * * * *
    New nonroad engine means any of the following things:
    (1) A freshly manufactured nonroad engine for which the ultimate
purchaser has never received the equitable or legal title. This kind of
engine might commonly be thought of as ``brand new.'' In the case of
this paragraph (1), the engine is new from the time it is produced
until the ultimate purchaser receives the title or the product is
placed into service, whichever comes first.
* * * * *
    Nonmethane hydrocarbon has the meaning given in 40 CFR 1065.1001.
* * * * *
    Official emission result means the measured emission rate for an
emission-data engine on a given duty cycle before the application of
any deterioration factor.
* * * * *
    Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.
* * * * *
    Small-volume engine manufacturer means one of the following:
    (1) An engine manufacturer with U.S.-directed production volumes of
engines subject to the requirements of this part totaling no more than
2,000 units in any year. For manufacturers owned by a parent company,
this production limit applies to the production of the parent company
and all its subsidiaries.
    (2) An engine manufacturer with fewer than 200 employees. This
includes any employees working for parent or subsidiary companies.
* * * * *
    Steady-state has the meaning given in 40 CFR 1065.1001.
* * * * *
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001.
* * * * *
    Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. It is the period during which a
new nonroad engine is required to comply with all applicable emission
standards. See Sec.  1048.101(g). If an engine has no hour meter, the
specified number of hours does not limit the period during which an in-
use engine is required to comply with emission standards, unless the
degree of service accumulation can be verified separately.
* * * * *
    88. Section 1048.810 is amended by revising paragraph (b) before
the table to read as follows:

Sec.  1048.810  What materials does this part reference?

* * * * *
    (b) SAE material. Table 2 of this section lists material from the
Society of Automotive Engineers that we have incorporated by reference.
The first column lists the number and name of the material. The second
column lists the sections of this part where we reference it. Anyone
may purchase copies of these materials from the Society of Automotive
Engineers, 400 Commonwealth Drive, Warrendale, PA 15096 or http://www.sae.org.

Table 1 follows:
* * * * *
    89. A new Sec.  1048.825 is added to read as follows:

Sec.  1048.825  What reporting and recordkeeping requirements apply
under this part?

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
engines and equipment regulated under this part:
    (a) We specify the following requirements related to engine
certification in this part 1048:
    (1) In Sec.  1048.20 we require manufacturers of stationary engines
to label their engines in certain cases.
    (2) In Sec.  1048.135 we require engine manufacturers to keep
certain records related to duplicate labels sent to equipment
manufacturers.
    (3) In Sec.  1048.145 we include various reporting and
recordkeeping requirements related to interim provisions.
    (4) In subpart C of this part we identify a wide range of
information required to certify engines.
    (5) In Sec. Sec.  1048.345 and 1048.350 we specify certain records
related to production-line testing.
    (6) In Sec. Sec.  1048.420 and 1048.425 we specify certain records
related to in-use testing.
    (7) In subpart G of this part we identify several reporting and
recordkeeping items for making demonstrations and getting approval
related to various special compliance provisions.
    (b) [Reserved]
    (c) We specify the following requirements related to testing in 40
CFR part 1065:
    (1) In 40 CFR 1065.2 we give an overview of principles for
reporting information.
    (2) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published test procedures.
    (3) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (4) In 40 CFR 1065.695 we identify data that may be appropriate for
collecting during testing of in-use engines using portable analyzers.
    (d) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:

    (1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information
    (3) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (4) In 40 CFR 1068.105 we require equipment manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (5) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.

Appendix I to Part 1048 [Removed]

    90. Appendix I to part 1048 is removed and reserved.

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

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

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

Subpart A--Amended]

    92. Section 1051.1 is amended by revising paragraph (a)(4) to read
as follows:

Sec.  1051.1  Does this part apply for my vehicles or engines?

    (a) * * *
    (4) Offroad utility vehicles with engines with displacement less
than or equal to 1000 cc, maximum engine power less than or equal to 30
kW, and maximum vehicle speed higher than 25 miles per hour. Offroad
utility vehicles that are subject to this part are subject to the same
requirements as ATVs. This means that any requirement that applies to
ATVs also applies to these offroad utility vehicles, without regard to
whether the regulatory language mentions offroad utility vehicles.
* * * * *
    93. A new Sec.  1051.2 is added to read as follows:

Sec.  1051.2  Who is responsible for compliance?

    The regulations in this part 1051 contain provisions that affect
both vehicle manufacturers and others. However, the requirements of
this part are generally addressed to the vehicle manufacturer. The term
``you'' generally means the vehicle manufacturer, as defined in Sec.
1051.801, especially for issues related to certification (including
production-line testing, reporting, etc.).
    94. Section 1051.5 is amended by revising paragraph (a) to read as
follows:

Sec.  1051.5  Which engines are excluded from this part's requirements?

    (a)(1) You may exclude vehicles with compression-ignition engines.
See 40 CFR parts 89 and 1039 for regulations that cover these engines.
    (2) Vehicles with a combined total vehicle dry weight under 20.0
kilograms are excluded from this part. Spark-ignition engines in these
vehicles must instead meet emission standards specified in 40 CFR parts
90 and 1054. See 40 CFR 90.103(a) and the definition of handheld in 40
CFR 1054.801.
* * * * *
    95. Section 1051.10 is amended by revising the introductory text to
read as follows:

Sec.  1051.10  How is this part organized?

    This part 1051 is divided into the following subparts:
* * * * *
    96. Section 1051.25 is amended by revising paragraphs (a) and (c)
to read as follows:

Sec.  1051.25  What requirements apply when installing certified
engines in recreational vehicles?

    (a) If you manufacture recreational vehicles with engines certified
under Sec.  1051.20, you must certify your vehicle with respect to the
evaporative emission standards in Sec.  1051.110, but you need not
certify the vehicle with respect to exhaust emissions under this part.
The vehicle must nevertheless meet all emission standards with the
engine installed.
* * * * *
    (c) If you obscure the engine label while installing the engine in
the vehicle such that the label cannot be read during normal
maintenance, you must place a duplicate label on the vehicle as
described in 40 CFR 1068.105.

Subpart B--[Amended]

    97. Section 1051.115 is amended by revising the section heading and
introductory text to read as follows:

Sec.  1051.115  What other requirements apply?

    Vehicles that are required to meet the emission standards of this
part must meet the following requirements:
* * * * *
    98. Section 1051.120 is amended by revising paragraph (c) to read
as follows:

Sec.  1051.120  What emission-related warranty requirements apply to
me?

* * * * *
    (c) Components covered. The emission-related warranty covers all
components whose failure would increase an engine's emissions of any
pollutant, including those listed in 40 CFR part 1068, Appendix I, and
those from any other system you develop to control emissions. The
emission-related warranty covers these components even if another
company produces the component. Your emission-related warranty does not
cover components whose failure would not increase an engine's emissions
of any pollutant.
* * * * *
    99. Section 1051.125 is amended by revising paragraph (d) to read
as follows:

Sec.  1051.125  What maintenance instructions must I give to buyers?

* * * * *
    (d) Noncritical emission-related maintenance. Subject to the
provisions of this paragraph (d), you may schedule any amount of
emission-related inspection or maintenance that is not covered by
paragraph (a) of this section (i.e., maintenance that is neither
explicitly identified as critical emission-related maintenance, nor
that we approve as critical emission-related maintenance). Noncritical
emission-related maintenance generally includes changing spark plugs,
re-seating valves, or any other emission-related maintenance on the
components we specify in 40 CFR part 1068, Appendix I. You must state
in the owners manual that these steps are not necessary to keep the
emission-related warranty valid. If operators fail to do this
maintenance, this does not allow you to disqualify those vehicles from
in-use testing or deny a warranty claim. Do not take these inspection
or maintenance steps during service accumulation on your emission-data
vehicles.
* * * * *
    100. Section 1051.135 is amended by removing and reserving
paragraph (f)

and revising paragraphs (c)(6) and (c)(7) to read as follows:

Sec.  1051.135  How must I label and identify the vehicles I produce?

* * * * *
    (c) * * *
    (6) State the date of manufacture [MONTH and YEAR]; however, you
may omit this from the label if you stamp or engrave it on the engine
or vehicle.
    (7) State the exhaust emission standards or FELs to which the
vehicles are certified (in g/km or g/kW-hr). Also, starting in the 2009
model year, state the FEL that applies for the fuel tank if it is
different than the otherwise applicable standard.
* * * * *
    101. Section 1051.137 is amended by revising the introductory text
read as follows:

Sec.  1051.137  What are the consumer labeling requirements?

    Label every vehicle certified under this part with a removable
hang-tag showing its emission characteristics relative to other models.
The label should be attached securely to the vehicle before it is
offered for sale in such a manner that it would not be accidentally
removed prior to sale. Use the applicable equations of this section to
determine the normalized emission rate (NER) from the FEL for your
vehicle. If the vehicle is certified without a family emission limit
that is different than the otherwise applicable standard, use the final
deteriorated emission level. Round the resulting normalized emission
rate for your vehicle to one decimal place. If the calculated NER value
is less than zero, consider NER to be zero for that vehicle. We may
specify a standardized format for labels. At a minimum, the tag should
include: The manufacturer's name, vehicle model name, engine
description (500 cc two-stroke with DFI), the NER, and a brief
explanation of the scale (for example, note that 0 is the cleanest and
10 is the least clean).
* * * * *
    102. A new Sec.  1051.140 is added to read as follows:

Sec.  1051.140  What is my vehicle's maximum engine power and
displacement?

    This section describes how to quantify your vehicle's maximum
engine power and displacement for the purposes of this part.
    (a) An engine configuration's maximum engine power is the maximum
brake power point on the nominal power curve for the engine
configuration, as defined in this section. Round the power value to the
nearest 0.5 kilowatts. The nominal power curve of an engine
configuration is the relationship between maximum available engine
brake power and engine speed for an engine, using the mapping
procedures of 40 CFR part 1065, based on the manufacturer's design and
production specifications for the engine. This information may also be
expressed by a torque curve that relates maximum available engine
torque with engine speed.
    (b) An engine configuration's displacement is the intended swept
volume of the engine rounded to the nearest 0.5 cubic centimeter. The
swept volume of the engine is the product of the internal cross-section
area of the cylinders, the stroke length, and the number of cylinders.
For example, for a one-cylinder engine with a circular cylinder having
an internal diameter of 6.00 cm and a 6.25 cm stroke length, the
rounded displacement would be: (1) x (6.00/2)\2\ x ([pi]) x (6.25) =
176.5 cc. Calculate the engine's intended swept volume from the design
specifications for the cylinders using enough significant figures allow
determination of the displacement to the nearest 0.1 cc.
    (c) The nominal power curve and intended swept volume must be
within the range of the actual power curves and swept volumes of
production engines considering normal production variability. If after
production begins it is determined that either your nominal power curve
or your intended swept volume does not represent production engines, we
may require you to amend your application for certification under Sec.
1051.225.

Subpart C--[Amended]

    103. Section 1051.201 is amended by revising paragraph (a) to read
as follows:

Sec.  1051.201  What are the general requirements for obtaining a
certificate of conformity?

    (a) You must send us a separate application for a certificate of
conformity for each engine family. A certificate of conformity is valid
starting with the indicated effective date, but it is not valid for any
production after December 31 of the model year for which it is issued.
No certificate will be issued after December 31 of the model year.
* * * * *
    104. Section 1051.205 is amended by revising paragraphs (b),
(o)(1), (t), and (w) to read as follows:

Sec.  1051.205  What must I include in my application?

* * * * *
    (b) Explain how the emission control systems operate. Describe the
evaporative emission controls. Also describe in detail all system
components for controlling exhaust emissions, including all auxiliary
emission control devices (AECDs) and all fuel-system components you
will install on any production or test vehicle or engine. Identify the
part number of each component you describe. For this paragraph (b),
treat as separate AECDs any devices that modulate or activate
differently from each other. Include sufficient detail to allow us to
evaluate whether the AECDs are consistent with the defeat device
prohibition of Sec.  1051.115.
* * * * *
    (o) * * *
    (1) Present exhaust emission data for hydrocarbons (such as NMHC or
THCE, as applicable), NOX, and CO on an emission-data
vehicle to show your vehicles meet the exhaust emission standards as
specified in subpart B of this part. Show emission figures before and
after applying deterioration factors for each vehicle or engine. If we
specify more than one grade of any fuel type (for example, a summer
grade and winter grade of gasoline), you need to submit test data only
for one grade unless the regulations of this part specify otherwise for
your engine.
* * * * *
    (t) Include good-faith estimates of U.S.-directed production
volumes. Include a justification for the estimated production volumes
if they are substantially different than actual production volumes in
earlier years for similar models.
* * * * *
    (w) Name an agent for service located in the United States. Service
on this agent constitutes service on you or any of your officers or
employees for any action by EPA or otherwise by the United States
related to the requirements of this part.
    105. Section 1051.220 is amended by revising the introductory text
to read as follows:

Sec.  1051.220  How do I amend the maintenance instructions in my
application?

    You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec.  1051.125.
You must send the Designated Compliance Officer a request to amend your
application for certification for an engine family if you want to
change the emission-related

maintenance instructions in a way that could affect emissions. In your
request, describe the proposed changes to the maintenance instructions.
We will disapprove your request if we determine that the amended
instructions are inconsistent with maintenance you performed on
emission-data vehicles. If operators follow the original maintenance
instructions rather than the newly specified maintenance, this does not
allow you to disqualify those engines from in-use testing or deny a
warranty claim.
* * * * *
    106. Section 1051.225 is revised to read as follows:

Sec.  1051.225  How do I amend my application for certification to
include new or modified vehicle configurations or to change an FEL?

    Before we issue you a certificate of conformity, you may amend your
application to include new or modified vehicle configurations, subject
to the provisions of this section. After we have issued your
certificate of conformity, you may send us an amended application
requesting that we include new or modified vehicle configurations
within the scope of the certificate, subject to the provisions of this
section. You must amend your application if any changes occur with
respect to any information included in your application.
    (a) You must amend your application before you take any of the
following actions:
    (1) Add a vehicle configuration to an engine family. In this case,
the vehicle configuration added must be consistent with other vehicle
configurations in the engine family with respect to the criteria listed
in Sec.  1051.230.
    (2) Change a vehicle configuration already included in an engine
family in a way that may affect emissions, or change any of the
components you described in your application for certification. This
includes production and design changes that may affect emissions any
time during the engine's lifetime.
    (3) Modify an FEL for an engine family, as described in paragraph
(f) of this section.
    (b) To amend your application for certification, send the
Designated Compliance Officer the following information:
    (1) Describe in detail the addition or change in the vehicle model
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by showing that the original emission-data vehicle is still
appropriate for showing that the amended family complies with all
applicable requirements.
    (3) If the original emission-data vehicle for the engine family is
not appropriate to show compliance for the new or modified vehicle
configuration, include new test data showing that the new or modified
vehicle configuration meets the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your new or modified vehicle configuration. You may
ask for a hearing if we deny your request (see Sec.  1051.820).
    (e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified vehicle
configuration any time after you send us your amended application,
before we make a decision under paragraph (d) of this section. However,
if we determine that the affected vehicles do not meet applicable
requirements, we will notify you to cease production of the vehicles
and may require you to recall the vehicles at no expense to the owner.
Choosing to produce vehicles under this paragraph (e) is deemed to be
consent to recall all vehicles that we determine do not meet applicable
emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph (c) of this section within 30
days, you must stop producing the new or modified vehicle
configuration.
    (f) You may ask us to approve a change to your FEL in certain cases
after the start of production. The changed FEL may not apply to
vehicles you have already introduced into commerce, except as described
in this paragraph (f). If we approve a changed FEL after the start of
production, you must include the new FEL on the emission control
information label for all vehicles produced after the change. You may
ask us to approve a change to your FEL in the following cases:
    (1) You may ask to raise your FEL for your engine family at any
time. In your request, you must show that you will still be able to
meet the emission standards as specified in subparts B and H of this
part. If you amend your application by submitting new test data to
include a newly added or modified vehicle, as described in paragraph
(b)(3) of this section, use the appropriate FELs with corresponding
production volumes to calculate your average emission level for the
model year, as described in subpart H of this part. If you amend your
application without submitting new test data, you must use the higher
FEL for the entire family to calculate your average emission level
under subpart H of this part.
    (2) You may ask to lower the FEL for your engine family only if you
have test data from production engines showing that the engines have
emissions below the proposed lower FEL. The lower FEL applies only to
engines you produce after we approve the new FEL. Use the appropriate
FELs with corresponding production volumes to calculate your average
emission level for the model year, as described in subpart H of this
part.
    107. Section 1051.230 is amended by revising the paragraphs (a) and
(e)(1) to read as follows:

Sec.  1051.230  How do I select engine families?

    (a) For purposes of certification, divide your product line into
families of vehicles as described in this section. Except as specified
in paragraph (f) of this section, you must have separate engine
families for meeting exhaust and evaporative emissions. Your engine
family is limited to a single model year.
* * * * *
    (e) * * *
    (1) In unusual circumstances, you may group such vehicles in the
same engine family if you show that their emission characteristics
during the useful life will be similar.
* * * * *
    108. Section 1051.235 is amended by revising paragraph (d)(1)(i) to
read as follows:

Sec.  1051.235  What emission testing must I perform for my application
for a certificate of conformity?

* * * * *
    (d) * * *
    (1) * * *
    (i) The engine family from the previous model year differs from the
current engine family only with respect to model year or other
characteristics unrelated to emissions. You may also ask to add a
configuration subject to Sec.  1051.225.
* * * * *
    109. Section 1051.240 is amended by revising paragraph (c)(1) to
read as follows:

Sec.  1051.240  How do I demonstrate that my engine family complies
with exhaust emission standards?

* * * * *

    (c) * * *
    (1) For vehicles that use aftertreatment technology, such as
catalytic converters, use a multiplicative deterioration factor for
exhaust emissions. A multiplicative deterioration factor is the ratio
of exhaust emissions at the end of the useful life and exhaust
emissions at the low-hour test point. In these cases, adjust the
official emission results for each tested vehicle or engine at the
selected test point by multiplying the measured emissions by the
deterioration factor. If the factor is less than one, use one.
Multiplicative deterioration factors must be specified to three
significant figures.
* * * * *
    110. Section 1051.243 is amended by revising the introductory text
and paragraph (b)(6) to read as follows:

Sec.  1051.243  How do I determine deterioration factors from exhaust
durability testing?

    Establish deterioration factors to determine whether your engines
will meet exhaust emission standards for each pollutant throughout the
useful life, as described in subpart B of this part and Sec.  1051.240.
This section describes how to determine deterioration factors, either
with pre-existing test data or with new emission measurements.
* * * * *
    (b) * * *
    (6) You may use other testing methods to determine deterioration
factors, consistent with good engineering judgment, as long as we
approve those methods in advance.
* * * * *
    111. Section 1051.245 is amended by revising paragraph (e)(1) to
read as follows:

Sec.  1051.245  How do I demonstrate that my engine family complies
with evaporative emission standards?

* * * * *
    (e) * * *
    (1) For certification to the standards specified in Sec.
1051.110(a) with the control technologies shown in the following table:

   Table 1 of Sec.   1051.245.--Design-Certification Technologies for
                       Controlling Tank Permeation
------------------------------------------------------------------------
                                             Then you may design-certify
If the tank permeability control technology   with a tank emission level
                  is. . .                              of. . .
------------------------------------------------------------------------
(i) A metal fuel tank with no non-metal      1.5 g/m2/day.
 gaskets or with gaskets made from a low-
 permeability material..
(ii) A metal fuel tank with non-metal        1.5 g/m2/day.
 gaskets with an exposed surface area of
 1000 mm2 or less. 1.5.
------------------------------------------------------------------------

* * * * *
    112. Section 1051.250 is amended by redesignating paragraphs (a)
through (d) as paragraphs (b) through (e), respectively, and adding a
new paragraph (a) to read as follows:

Sec.  1051.250  What records must I keep and make available to EPA?

    (a) If you produce vehicles under any provisions of this part that
are related to production volumes, send the Designated Compliance
Officer a report within 30 days after the end of the model year
describing the total number of vehicles you produced in each engine
family. For example, if you use special provisions intended for small-
volume manufacturers, report your production volumes to show that you
do not exceed the applicable limits.
* * * * *

Subpart D--[Amended]

    113. Section 1051.301 is amended by revising paragraphs (a), (c),
(e), and (h) introductory text to read as follows:

Sec.  1051.301  When must I test my production-line vehicles or
engines?

    (a) If you produce vehicles that are subject to the requirements of
this part, you must test them as described in this subpart, except as
follows:
    (1) Small-volume manufacturers may omit testing under this subpart.
    (2) We may exempt engine families with a projected U.S.-directed
production volume below 150 units from routine testing under this
subpart. Request this exemption in the application for certification
and include your basis for projecting a production volume below 150
units. You must promptly notify us if your actual production exceeds
150 units during the model year. If you exceed the production limit or
if there is evidence of a nonconformity, we may require you to test
production-line engines under this subpart, or under 40 CFR part 1068,
subpart E, even if we have approved an exemption under this paragraph
(a)(2).
* * * * *
    (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 these production-
line testing requirements. The requirements of this subpart do not
affect our ability to do selective enforcement audits, as described in
part 1068 of this chapter. Individual vehicles and engines in families
that pass these production-line testing requirements must also conform
to all applicable regulations of this part and part 1068 of this
chapter.
* * * * *
    (e) If you certify an engine family with carryover emission data,
as described in Sec.  1051.235(c), and these equivalent engine families
consistently pass the production-line testing requirements over the
preceding two-year period, you may ask for a reduced testing rate for
further production-line testing for that family. The minimum testing
rate is one vehicle or engine per engine family. If we reduce your
testing rate, we may limit our approval to any number of model years.
In determining whether to approve your request, we may consider the
number of vehicles or engines that have failed the emission tests.
* * * * *
    (h) Vehicles certified to the following standards are exempt from
the production-line testing requirements of this subpart if no engine
families in the averaging set have family emission limits that are
different than the otherwise applicable standard:
* * * * *
    114. Section 1051.305 is amended by adding introductory text and
revising paragraph (d) to read as follows:

Sec.  1051.305  How must I prepare and test my production-line vehicles
or engines?

    This section describes how to prepare and test production-line
vehicles or engines. Test the engine if your vehicle is certified to g/
kW-hr standards; otherwise test the vehicle. You must assemble the test
vehicle or engine in a way that represents the assembly procedures for
other vehicles or engines in the engine family. You must ask us to
approve any deviations from your normal assembly procedures for other
production vehicles or engines in the engine family.
* * * * *
    (d) Setting adjustable parameters. Before any test, we may require
you to adjust any adjustable parameter to any

setting within its physically adjustable range.
    (1) We may require you to adjust idle speed outside the physically
adjustable range as needed, but only until the vehicle or engine has
stabilized emission levels (see paragraph (e) of this section). We may
ask you for information needed to establish an alternate minimum idle
speed.
    (2) We may specify adjustments within the physically adjustable
range by considering their effect on emission levels, as well as how
likely it is someone will make such an adjustment with in-use vehicles.
    (3) We may specify an air-fuel ratio within the adjustable range
specified in Sec.  1051.115(d).
* * * * *
    115. Section 1051.310 is amended by revising paragraphs (a), (b),
(c) introductory text, (c)(2), (f), (g), and (h) to read as follows:

Sec.  1051.310  How must I select vehicles or engines for production-
line testing?

    (a) Test engines from each engine family as described in this
section based on test periods, as follows:
    (1) For engine families with projected U.S.-directed production
volume of at least 1,600, the test periods are consecutive quarters (3
months). However, if your annual production period is less than 12
months long, you may take the following alternative approach to define
quarterly test periods:
    (i) If your annual production period is 120 days or less, the whole
model year constitutes a single test period.
    (ii) If your annual production period is 121 to 210 days, divide
the annual production period evenly into two test periods.
    (iii) If your annual production period is 211 to 300 days, divide
the annual production period evenly into three test periods.
    (iv) If your annual production period is 301 days or longer, divide
the annual production period evenly into four test periods.
    (2) For engine families with projected U.S.-directed production
volume below 1,600, the whole model year constitutes a single test
period.
    (b) Early in each test period, randomly select and test an engine
from the end of the assembly line for each engine family.
    (1) In the first test period for newly certified engines, randomly
select and test one more engine. Then, calculate the required sample
size for the model year as described in paragraph (c) of this section.
    (2) In later test periods of the same model year, combine the new
test result with all previous testing in the model year. Then,
calculate the required sample size for the model year as described in
paragraph (c) of this section.
    (3) In the first test period for engine families relying on
previously submitted test data, combine the new test result with the
last test result from the previous model year. Then, calculate the
required sample size for the model year as described in paragraph (c)
of this section. Use the last test result from the previous model year
only for this first calculation. For all subsequent calculations, use
only results from the current model year.
    (c) Calculate the required sample size for each engine family.
Separately calculate this figure for HC, NOX (or HC +
NOX), and CO. The required sample size is the greater of
these calculated values. Use the following equation:

N = [(t95 x [sigma])/(x - STD)]2 + 1

Where:

N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the
number of tests completed, n, as specified in the table in paragraph
(c)(1) of this section. It defines 95% confidence intervals for a
one-tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard (or family emission limit, if applicable).
[sigma] = Test sample standard deviation (see paragraph (c)(2) of
this section).
* * * * *
    (2) Calculate the standard deviation, [sigma], for the test sample
using the following formula:

[sigma] = [[Sigma](Xi-x)2/(n-1)]\1/2\
Where:

Xi = Emission test result for an individual vehicle or
engine.
n = The number of tests completed in an engine family.
* * * * *
    (f) Distribute the remaining tests evenly throughout the rest of
the year. You may need to adjust your schedule for selecting vehicles
or engines if the required sample size changes. If your scheduled
quarterly testing for the remainder of the model year is sufficient to
meet the calculated sample size, you may wait until the next quarter to
do additional testing. Continue to randomly select vehicles or engines
from each engine family.
    (g) Continue testing until one of the following things happens:
    (1) After completing the minimum number of tests required in
paragraph (b) of this section, the number of tests completed in an
engine family, n, is greater than the required sample size, N, and the
sample mean, x, is less than or equal to the emission standard. For
example, if N = 5.1 after the fifth test, the sample-size calculation
does not allow you to stop testing.
    (2) The engine family does not comply according to Sec.  1051.315.
    (3) You test 30 vehicles or engines from the engine family.
    (4) You test one percent of your projected annual U.S.-directed
production volume for the engine family, rounded to the nearest whole
number. Do not count a vehicle or engine under this paragraph (g)(4) if
it fails to meet an applicable emission standard.
    (5) You choose to declare that the engine family does not comply
with the requirements of this subpart.
    (h) If the sample-size calculation allows you to stop testing for
one pollutant but not another, you must continue measuring emission
levels of all pollutants for any additional tests required under this
section. However, you need not continue making the calculations
specified in this section for the pollutant for which testing is not
required. This paragraph (h) does not affect the number of tests
required under this section or the remedial steps required under Sec.
1051.320.
* * * * *
    116. Section 1051.315 is amended by revising paragraphs (a), (b),
and (g) to read as follows:

Sec.  1051.315  How do I know when my engine family fails the
production-line testing requirements?

* * * * *
    (a) Calculate your test results as follows:
    (1) Initial and final test results. Calculate and round the test
results for each engine. If you do several tests on an engine,
calculate the initial test results, then add them together and divide
by the number of tests and round for the final test results on that
engine.
    (2) Final deteriorated test results. Apply the deterioration factor
for the engine family to the final test results (see Sec.
1051.240(c)).
    (3) Round deteriorated test results. Round the results to the
number of decimal places in the emission standard expressed to one more
decimal place.
    (b) Construct the following CumSum Equation for each engine family
for HC, NOX (HC+NOX), and CO emissions:

Ci = Max [0 or Ci-1 + Xi - (STD + 0.25
x [sigma])]

Where:

Ci = The current CumSum statistic.

Ci-1 = The previous CumSum statistic. For the first test,
the CumSum statistic is 0 (i.e., C1 = 0).
Xi = The current emission test result for an individual
vehicle or engine.
STD = Emission standard (or family emission limit, if applicable).
* * * * *
    (g) If the CumSum statistic exceeds the Action Limit in two
consecutive tests, the engine family fails the production-line testing
requirements of this subpart. Tell us within ten working days if this
happens. You may request to amend the application for certification to
raise the FEL of the engine family as described in Sec.  1051.225(f).
* * * * *
    117. Section 1051.325 is amended by revising the section heading
and paragraphs (c) and (e) to read as follows:

Sec.  1051.325  What happens if an engine family fails the production-
line testing requirements?

* * * * *
    (c) Up to 15 days after we suspend the certificate for an engine
family, you may ask for a hearing (see Sec.  1051.820). If we agree
before a hearing occurs that we used erroneous information in deciding
to suspend the certificate, we will reinstate the certificate.
* * * * *
    (e) You may request to amend the application for certification to
raise the FEL of the engine family before or after we suspend your
certificate if you meet the requirements of Sec.  1051.225(f). We will
approve your request if it is clear that you used good engineering
judgment in establishing the original FEL.
    118. Section 1051.345 is amended by revising paragraphs (a)(4),
(a)(8), and (c) to read as follows:

Sec.  1051.345  What production-line testing records must I send to
EPA?

* * * * *
    (a) * * *
    (4) Describe each test vehicle or engine, including the engine
family's identification and the vehicle's model year, build date, model
number, identification number, and number of hours of operation before
testing.
* * * * *
    (8) Provide the CumSum analysis required in Sec.  1051.315 and the
sample-size calculation required in Sec.  1051.310 for each engine
family.
* * * * *
    (c) 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 1051. We have not changed production
processes or quality-control procedures for test engines (or vehicles)
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)
* * * * *
    119. Section 1051.350 is amended by revising paragraphs (b) and (e)
to read as follows:

Sec.  1051.350  What records must I keep?

* * * * *
    (b) Keep paper records of your production-line testing for eight
years after you complete all the testing required for an engine family
in a model year. You may use any additional storage formats or media if
you like.
* * * * *
    (e) If we ask, you must give us projected or actual production
figures for an engine family. We may ask you to divide your production
figures by maximum engine power, displacement, fuel type, or assembly
plant (if you produce vehicles or engines at more than one plant).
* * * * *

Subpart F--[Amended]

    120. Section 1051.505 is amended by revising paragraphs (a)(1) and
(a)(2) to read as follows:

Sec.  1051.505  What special provisions apply for testing snowmobiles?

* * * * *
    (a) * * *
    (1) For discrete-mode testing, sample emissions separately for each
mode, then calculate an average emission level for the whole cycle
using the weighting factors specified for each mode. In each mode,
operate the engine for at least 5 minutes, then sample emissions for at
least 1 minute. Calculate cycle statistics for each mode and compare
with the specified values in 40 CFR 1065.514 to confirm that the test
is valid.
    (2) For ramped-modal testing, start sampling at the beginning of
the first mode and continue sampling until the end of the last mode.
Calculate emissions and cycle statistics the same as for transient
testing as specified in 40 CFR part 1065, subpart G.
* * * * *

Subpart G--[Amended]

    121. Section 1051.605 is amended by revising paragraph (d)(7)(ii)
to read as follows:

Sec.  1051.605  What provisions apply to engines already certified
under the motor-vehicle program or the Large Spark-ignition program?

* * * * *
    (d) * * *
    (7) * * *
    (ii) List the engine or vehicle models you expect to produce under
this exemption in the coming year and describe your basis for meeting
the sales restrictions of paragraph (d)(3) of this section.
* * * * *
    122. Section 1051.610 is amended by revising paragraphs (d)(7)(ii)
and (g) to read as follows:

Sec.  1051.610  What provisions apply to vehicles already certified
under the motor-vehicle program?

* * * * *
    (d) * * *
    (7) * * *
    (ii) List the vehicle models you expect to produce under this
exemption in the coming year and describe your basis for meeting the
sales restrictions of paragraph (d)(3) of this section.
* * * * *
    (g) Participation in averaging, banking and trading. Vehicles
adapted for recreational use under this section may not generate or use
emission credits under this part 1051. These vehicles may generate
credits under the ABT provisions in 40 CFR part 86. These vehicles must
use emission credits under 40 CFR part 86 if they are certified to an
FEL that exceeds an emission standard that applies.
    123. Section 1051.635 is amended by revising paragraph (a) to read
as follows:

Sec.  1051.635  What provisions apply to new manufacturers that are
small businesses?

    (a) If you are a small business (as defined by the Small Business
Administration at 13 CFR 121.201) that manufactures recreational
vehicles, but does not otherwise qualify for the small-volume
manufacturer provisions of this part, you may ask us to designate you
to be a small-volume manufacturer. You may do this whether you began
manufacturing recreational vehicles before, during, or after 2002.
* * * * *
    124. A new Sec.  1051.650 is added to read as follows:

Sec.  1051.650  What special provisions apply for converting a vehicle
to use an alternate fuel?

    (a) Converting a certified new vehicle to run on a different fuel
violates 40 CFR 1068.101(a)(1) if the modified vehicle is not covered
by a certificate of conformity.
    (b) Converting a certified vehicle that is not new to run on a
different fuel violates 40 CFR 1068.101(b)(1) if the modified vehicle
is not covered by a certificate of conformity. We may specify alternate
certification provisions consistent with the requirements of this part.

Subpart H--[Amended]

    125. Section 1051.701 is amended by revising paragraph (a) and
adding paragraph (h) to read as follows:

Sec.  1051.701  General provisions.

    (a) You may average, bank, and trade emission credits for purposes
of certification as described in this subpart to show compliance with
the standards of this part. To do this you must certify your engines to
Family Emission Limits (FELs) and show that your average emission
levels for all your engine families together are below the emission
standards in subpart B of this part, or that you have sufficient
credits to offset a credit deficit for the model year (as calculated in
Sec.  1051.720).
* * * * *
    (h) Families that use emission credits for one pollutant may not
generate positive emission credits for another pollutant.
    126. Section 1051.720 is amended by revising paragraph (a)(2) to
read as follows:

Sec.  1051.720  How do I calculate my average emission level or
emission credits?

    (a) * * *
    (2) For vehicles that have standards expressed as g/kW-hr and a
useful life in kilometers, convert the useful life to kW-hr based on
the maximum power output observed over the emission test and an assumed
vehicle speed of 30 km/hr as follows: UL (kW-hr) = UL (km) x Maximum
Engine Power (kW) / 30 km/hr. (Note: It is not necessary to include a
load factor, since credit exchange is not allowed between vehicles
certified to g/kW-hr standards and vehicles certified to g/km
standards.)
* * * * *
    127. Section 1051.730 is amended by revising paragraphs (b)(4) and
(b)(5) to read as follows:

Sec.  1051.730  What ABT reports must I send to EPA?

* * * * *
    (b) * * *
    (4) The projected and actual production volumes for the model year
with a point of retail sale in the United States, as described in Sec.
1051.701(d). If you changed an FEL during the model year, identify the
actual production volume associated with each FEL.
    (5) For vehicles that have standards expressed as g/kW-hr, maximum
engine power for each vehicle configuration, and the production-
weighted average engine power for the engine family.
* * * * *
    128. Section 1051.735 is amended by revising paragraph (b) to read
as follows:

Sec.  1051.735  What records must I keep?

* * * * *
    (b) Keep the records required by this section for at least eight
years after the due date for the end-of-year report. You may not use
emission credits on any engines if you do not keep all the records
required under this section. You must therefore keep these records to
continue to bank valid credits. Store these records in any format and
on any media, as long as you can promptly send us organized, written
records in English if we ask for them. You must keep these records
readily available. We may review them at any time.
* * * * *

Subpart I--[Amended]

    129. Section 1051.801 is amended as follows:
    a. By removing the definition for ``Maximum test power''.
    b. By revising the definitions for ``Designated Compliance
Officer'', ``Emission-control system'', ``Maximum engine power'',
``Nonmethane hydrocarbon'', ``Official emission result'',
``Recreational'', and ``Total hydrocarbon equivalent''.
    c. By revising paragraphs (1)(ii) and (3) of the definition for
``Model year'' and paragraphs (1) and (3) of the definition for
``New''.
    d. By adding paragraph (5)(iii) to the definition for ``Model
year''.
    e. By adding a definition for ``Low-permeability material''.

Sec.  1051.801  What definitions apply to this part?

* * * * *
    Designated Compliance Officer means one of the following things:
    (1) For snowmobiles, Designated Compliance Officer means the
Manager, Heavy-Duty and Nonroad Engine Group (6405-J), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    (2) For all other vehicles, Designated Compliance Officer means the
Manager, Light-Duty Engine Group, U.S. Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, MI 48105.
* * * * *
    Emission-control system means any device, system, or element of
design that controls or reduces the emissions of regulated pollutants
from an engine.
* * * * *
    Low-permeability material has the meaning given in 40 CFR 1060.801.
* * * * *
    Maximum engine power has the meaning given in 40 CFR 90.3 for 2010
and earlier model years and in Sec.  1051.140 for 2011 and later model
years.
* * * * *
    Model year means one of the following things:
    (1) * * *
    (ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year. For seasonal production periods not including
January 1, model year means the calendar year in which the production
occurs, unless you choose to certify the applicable emission family
with the following model year. For example, if your production period
is June 1, 2010 through November 30, 2010, your model year would be
2010 unless you choose to certify the emission family for model year
2011.
* * * * *
    (3) For a nonroad engine that has been previously placed into
service in an application covered by 40 CFR part 90, 91, 1048, or 1054,
where that engine is installed in a piece of equipment that is covered
by this part 1051, model year means the calendar year in which the
engine was originally produced (see definition of ``new,'' paragraph
(3)).
* * * * *
    (5) * * *
    (iii) For imported engines described in paragraph (5)(iii) of the
definition of ``new,'' model year means the calendar year in which the
importation occurs.
* * * * *
    New means relating to any of the following things:
    (1) A freshly manufactured vehicle for which the ultimate purchaser
has never received the equitable or legal title. This kind of vehicle
might commonly be thought of as ``brand new.'' In the case of this
paragraph (1), the vehicle is new from the time it is produced until
the

ultimate purchaser receives the title or the product is placed into
service, whichever comes first.
* * * * *
    (3) A nonroad engine that has been previously placed into service
in an application covered by 40 CFR part 90, 91, 1048, or 1054, where
that engine is installed in a piece of equipment that is covered by
this part 1051. The engine is no longer new when it is placed into
service in a recreational vehicle covered by this part 1051. For
example, this would apply to a marine propulsion engine that is no
longer used in a marine vessel.
* * * * *
    Nonmethane hydrocarbon has the meaning given in 40 CFR 1065.1001.
* * * * *
    Official emission result means the measured emission rate for an
emission-data vehicle on a given duty cycle before the application of
any deterioration factor.
* * * * *
    Recreational means, for purposes of this part, relating to
snowmobiles, all-terrain vehicles, off-highway motorcycles, and other
vehicles that we regulate under this part. Note that 40 CFR parts 90
and 1054 apply to engines used in other recreational vehicles.
* * * * *
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001.
* * * * *
    130. Section 1051.810 is amended by revising paragraph (a) to read
as follows:

Sec.  1051.810  What materials does this part reference?

* * * * *
    (a) ASTM material. Table 1 of this section lists material from the
American Society for Testing and Materials that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the American
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428 or http://www.astm.com. Table 1 follows:

               Table 1 of Sec.   1051.810.--ASTM Materials
------------------------------------------------------------------------
                                                             Part 1051
                Document number and name                     reference
------------------------------------------------------------------------
ASTM D471-98, Standard Test Method for Rubber Property--        1051.501
 Effect of Liquids......................................
------------------------------------------------------------------------

* * * * *
    131. A new Sec.  1051.825 is added to read as follows:

Sec.  1051.825  What reporting and recordkeeping requirements apply
under this part?

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
vehicles regulated under this part:
    (a) We specify the following requirements related to certification
in this part 1051:
    (1) In Sec. Sec.  1051.20 and 1051.25 we describe special
provisions for manufacturers to certify recreational engines instead of
vehicles.
    (2) [Reserved]
    (3) In Sec.  1051.145 we include various reporting and
recordkeeping requirements related to interim provisions.
    (4) In subpart C of this part we identify a wide range of
information required to certify vehicles.
    (5) In Sec. Sec.  1051.345 and 1051.350 we specify certain records
related to production-line testing.
    (6) [Reserved]
    (7) In Sec.  1051.501 we specify information needs for establishing
various changes to published vehicle-based test procedures.
    (8) In subpart G of this part we identify several reporting and
recordkeeping items for making demonstrations and getting approval
related to various special compliance provisions.
    (9) In Sec. Sec.  1051.725, 1051.730, and 1051.735 we specify
certain records related to averaging, banking, and trading.
    (b) [Reserved]
    (c) We specify the following requirements related to testing in 40
CFR part 1065:
    (1) In 40 CFR 1065.2 we give an overview of principles for
reporting information.
    (2) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published engine-based test procedures.
    (3) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (4) In 40 CFR 1065.695 we identify data that may be appropriate for
collecting during testing of in-use engines or vehicles using portable
analyzers.
    (d) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (3) In 40 CFR 1068.27 we require manufacturers to make engines or
vehicles available for our testing or inspection if we make such a
request.
    (4) In 40 CFR 1068.105 we require manufacturers to keep certain
records related to duplicate labels from engine manufacturers.
    (5) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines or vehicles.
    (8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming vehicles.
    132. A new part 1054 is added to subchapter U of chapter I to read
as follows:

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

Subpart A--Overview and Applicability
Sec.

1054.1 Does this part apply for my engines and equipment?
1054.2 Who is responsible for compliance?
1054.5 Which nonroad engines are excluded from this part's
requirements?
1054.10 How is this part organized?
1054.15 Do any other regulation parts apply to me?
1054.20 What requirements apply to my equipment?
Subpart B--Emission Standards and Related Requirements
1054.101 What exhaust emission standards and requirements must my
engines meet?
1054.103 What exhaust emission standards must my handheld engines
meet?
1054.105 What exhaust emission standards must my nonhandheld engines
meet?
1054.107 What is the useful life period for meeting exhaust emission
standards?
1054.110 What evaporative emission standards must my equipment meet?
1054.115 What other requirements apply?
1054.120 What emission-related warranty requirements apply to me?
1054.125 What maintenance instructions must I give to buyers?
1054.130 What installation instructions must I give to equipment
manufacturers?
1054.135 How must I label and identify the engines I produce?
1054.136 How must I permanently label the equipment I produce?
1054.140 What is my engine's maximum engine power and displacement?
1054.145 Are there interim provisions that apply only for a limited
time?
Subpart C--Certifying Emission Families
1054.201 What are the general requirements for obtaining a
certificate of conformity?
1054.205 What must I include in my application?
1054.210 May I get preliminary approval before I complete my
application?
1054.220 How do I amend the maintenance instructions in my
application?
1054.225 How do I amend my application for certification to include
new or modified engines or fuel systems or change an FEL?
1054.230 How do I select emission families?
1054.235 What exhaust emission testing must I perform for my
application for a certificate of conformity?
1054.240 How do I demonstrate that my emission family complies with
exhaust emission standards?
1054.245 How do I determine deterioration factors from exhaust
durability testing?
1054.250 What records must I keep and what reports must I send to
EPA?
1054.255 What decisions may EPA make regarding my certificate of
conformity?
Subpart D--Production-Line Testing
1054.300 Applicability.
1054.301 When must I test my production-line engines?
1054.305 How must I prepare and test my production-line engines?
1054.310 How must I select engines for production-line testing?
1054.315 How do I know when my engine family fails the production-
line testing requirements?
1054.320 What happens if one of my production-line engines fails to
meet emission standards?
1054.325 What happens if an engine family fails the production-line
testing requirements?
1054.330 May I sell engines from an engine family with a suspended
certificate of conformity?
1054.335 How do I ask EPA to reinstate my suspended certificate?
1054.340 When may EPA revoke my certificate under this subpart and
how may I sell these engines again?
1054.345 What production-line testing records must I send to EPA?
1054.350 What records must I keep?
Subpart E--In-Use Testing
1054.401 General provisions.
Subpart F--Test Procedures
1054.501 How do I run a valid emission test?
1054.505 How do I test engines?
1054.520 What testing must I perform to establish deterioration
factors?
Subpart G--Special Compliance Provisions
1054.601 What compliance provisions apply to these engines?
1054.610 What is the exemption for delegated final assembly?
1054.612 What special provisions apply for equipment manufacturers
modifying certified engines?
1054.615 What is the exemption for engines certified to standards
for Large SI engines?
1054.620 What are the provisions for exempting engines used solely
for competition?
1054.625 What requirements apply under the Transition Program for
Equipment Manufacturers?
1054.626 What special provisions apply to equipment imported under
the Transition Program for Equipment Manufacturers?
1054.627 How does the Transition Program for Equipment Manufacturers
relate to evaporative emissions?
1054.630 What provisions apply for importation of individual items
for personal use?
1054.635 What special provisions apply for small-volume engine and
equipment manufacturers?
1054.640 What special provisions apply to branded engines?
1054.645 What special provisions apply for converting an engine to
use an alternate fuel?
1054.650 What special provisions apply for adding or changing
governors?
1054.655 What special provisions apply to installing and removing
altitude kits?
1054.660 What are the provisions for exempting emergency rescue
equipment?
1054.685 What are my recall responsibilities?
1054.690 What are the bond requirements for importing certified
engines and equipment?
1054.695 What restrictions apply to assigning a model year to
imported engines and equipment?
Subpart H--Averaging, Banking, and Trading for Certification
1054.701 General provisions.
1054.705 How do I generate and calculate exhaust emission credits?
1054.706 How do I generate and calculate evaporative emission
credits?
1054.710 How do I average emission credits?
1054.715 How do I bank emission credits?
1054.720 How do I trade emission credits?
1054.725 What must I include in my application for certification?
1054.730 What ABT reports must I send to EPA?
1054.735 What records must I keep?
1054.740 What special provisions apply for generating and using
emission credits?
1054.745 What can happen if I do not comply with the provisions of
this subpart?
Subpart I--Definitions and Other Reference Information
1054.801 What definitions apply to this part?
1054.805 What symbols, acronyms, and abbreviations does this part
use?
1054.810 What materials does this part reference?
1054.815 What provisions apply to confidential information?
1054.820 How do I request a hearing?
1054.825 What reporting and recordkeeping requirements apply under
this part?
Appendix I to Part 1054--Summary of Previous Emission Standards
Appendix II to Part 1054--Duty Cycles for Laboratory Testing
Appendix III to Part 1054--High-Altitude Counties

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

Subpart A--Overview and Applicability

Sec.  1054.1  Does this part apply for my engines and equipment?

    (a) Except as provided in Sec.  1054.5, the regulations in this
part 1054 apply as follows:
    (1) The requirements of this part related to exhaust emissions
apply to new, spark-ignition engines with maximum engine power at or
below 19 kW. This includes auxiliary marine spark-ignition engines.
    (2) The requirements of this part related to evaporative emissions
apply as specified in 40 CFR part 1054.110 to fuel systems used with
engines subject to exhaust emission standards in this part if the
engines use a volatile liquid fuel (such as gasoline).
    (3) This part 1054 applies starting with the model years noted in
the following table:

     Table 1 of Sec.   1054.1.--art 1054 Applicability by Model Year
------------------------------------------------------------------------
                                                                   Model
              Engine type                  Engine displacement     year
------------------------------------------------------------------------
Handheld..............................  all.....................    2010
Nonhandheld...........................  displacement <  225 cc...    2012
Nonhandheld...........................  displacement >= 225 cc..    2011
------------------------------------------------------------------------

    (4) This part 1054 applies for other spark-ignition engines as
follows:
    (i) The provisions of paragraph (c) of this section apply for the
applicable model years shown in Table 1 of this section.
    (ii) The provisions of Sec. Sec.  1054.620 and 1054.801 apply for
engines used solely for competition beginning January 1, 2009.
    (iii) The provisions of Sec. Sec.  1054.660 and 1054.801 apply for
engines used in emergency rescue equipment beginning January 1, 2010.
    (5) We specify provisions in Sec.  1054.145(e) and (f) and in Sec.
1054.740 that allow for meeting the requirements of this part before
the dates shown in Table 1 of this section. Engines, fuel-system
components, or equipment certified to these standards are subject to
all the requirements of this part as if these optional standards were
mandatory.
    (b) Although the definition of nonroad engine in 40 CFR 1068.30
excludes certain engines used in stationary applications, stationary
engines are required under 40 CFR part 60 to comply with this part
starting with the model years shown in Table 1 of this section.
    (c) See 40 CFR part 90 for requirements that apply to engines not
yet subject to the requirements of this part 1054.
    (d) In certain cases, the regulations in this part 1054 apply to
engines with maximum engine power above 19 kW that would otherwise be
covered by 40 CFR part 1048 or 1051. See 40 CFR 1048.615 and
1051.145(a)(3) for provisions related to these allowances.

Sec.  1054.2  Who is responsible for compliance?

    The requirements and prohibitions of this part apply to
manufacturers of engines and fuel-system components as described in
Sec.  1054.1. The requirements of this part are generally addressed to
manufacturers subject to this part's requirements. The term ``you''
generally means the certifying manufacturer. For provisions related to
exhaust emissions, this generally means the engine manufacturer,
especially for issues related to certification (including production-
line testing, reporting, etc.). For provisions related to certification
with respect to evaporative emissions, this generally means the
equipment manufacturer or fuel-system component manufacturer. Equipment
manufacturers must meet applicable requirements as described in Sec.
1054.20.

Sec.  1054.5  Which nonroad engines are excluded from this part's
requirements?

    This part does not apply to the following nonroad engines:
    (a) Engines that are certified to meet the requirements of 40 CFR
part 1051 (for example, engines used in snowmobiles and all-terrain
vehicles). Engines that are otherwise subject to 40 CFR part 1051 but
not required to be certified (such as engines exempted under 40 CFR
part 1051) are also excluded from this part 1054, unless the
regulations in 40 CFR part 1051 specifically require them to comply
with the requirements of this part 1054.
    (b) Engines that are certified to meet the requirements of 40 CFR
part 1048, subject to the provisions of Sec.  1054.615.
    (c) Propulsion marine engines. See 40 CFR parts 91 and 1045. Note
that the evaporative emission standards of this part also do not apply
with respect to auxiliary marine engines as described in Sec.
1054.110.
    (d) Engines used in reduced-scale models of vehicles that are not
capable of transporting a person.

Sec.  1054.10  How is this part organized?

    This part 1054 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of this part
1054 and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec.  1054.145 discusses certain interim requirements and
compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate
of conformity.
    (d) Subpart D of this part describes general provisions for testing
production-line engines.
    (e) Subpart E of this part describes general provisions for testing
in-use engines.
    (f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal