Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105<EMAIL_ADDRESS>epa.gov/otaq/verify, for all the following engines and
vehicles:
    (i) For spark-ignition engines used in heavy-duty highway vehicles
regulated under 40 CFR part 86, subpart A, and 40 CFR parts 1036 and
1037,
    (ii) For highway motorcycles regulated under 40 CFR part 86,
subpart E.
    (iii) For nonroad and stationary spark-ignition engines or
equipment regulated under 40 CFR parts 60, 1045, 1048, 1051, 1054, and
1060.
    Engine means an engine block with an installed crankshaft, or a gas
turbine engine. The term engine does not include engine blocks without
an installed crankshaft, nor does it include any assembly of
reciprocating engine components that does not include the engine block.
(Note: For purposes of this definition, any component that is the
primary means of converting an engine's energy into usable work is
considered a crankshaft, whether or not it is known commercially as a
crankshaft.) This includes complete and partially complete engines as
follows:
    (1) A complete engine is a fully assembled engine in its final
configuration. In the case of equipment-based standards, an engine is
not considered complete until it is installed in the equipment, even if
the engine itself is fully assembled.
    (2) A partially complete engine is an engine that is not fully
assembled or is not in its final configuration. Except where we specify
otherwise in this part or the standard-setting part, partially complete
engines are subject to the same standards and requirements as complete
engines. The following would be considered examples of partially
complete engines:
    (i) An engine that is missing certain emission-related components.
    (ii) A new engine that was originally assembled as a motor-vehicle
engine

that will be recalibrated for use as a nonroad engine.
    (iii) A new engine that was originally assembled as a land-based
engine that will be modified for use as a marine propulsion engine.
    (iv) A short block consisting of a crankshaft and other engine
components connected to the engine block, but missing the head
assembly.
    (v) A long block consisting of all engine components except the
fuel system and an intake manifold.
    (vi) In the case of equipment-based standards, a fully functioning
engine that is not yet installed in the equipment. For example, a fully
functioning engine that will be installed in an off-highway motorcycle
or a locomotive is considered partially complete until it is installed
in the equipment.
    Engine-based standard means an emission standard expressed in units
of grams of pollutant per kilowatt-hour (or grams of pollutant per
horsepower-hour) that applies to the engine. Emission standards are
either engine-based or equipment-based. Note that engines may be
subject to additional standards such as smoke standards.
    Engine-based test means an emission test intended to measure
emissions in units of grams of pollutant per kilowatt-hour (or grams of
pollutant per horsepower-hour), without regard to whether the standard
applies to the engine or equipment. Note that some products that are
subject to engine-based testing are subject to additional test
requirements such as for smoke.
    Engine configuration means a unique combination of engine hardware
and calibration within an engine family. Engines within a single engine
configuration differ only with respect to normal production variability
or factors unrelated to emissions.
    Engine/equipment and engines/equipment mean engine(s) and/or
equipment depending on the context. Specifically these terms mean the
following:
    (1) Engine(s) when only engine-based standards apply.
    (2) Engine(s) for testing issues when engine-based testing applies.
    (3) Engine(s) and equipment when both engine-based and equipment-
based standards apply.
    (4) Equipment when only equipment-based standards apply.
    (5) Equipment for testing issues when equipment-based testing
applies.
    Equipment means one of the following things:
    (1) Any vehicle, vessel, or other type of equipment that is subject
to the requirements of this part or that uses an engine that is subject
to the requirements of this part. An installed engine is part of the
equipment.
    (2) Fuel-system components that are subject to an equipment-based
standard under this chapter. Installed fuel-system components are also
considered part of the engine/equipment to which they are attached.
    Equipment-based standard means an emission standard that applies to
the equipment in which an engine is used or to fuel-system components
associated with an engine, without regard to how the emissions are
measured. If equipment-based standards apply, we require that the
equipment or fuel-system components be certified rather than just the
engine. Emission standards are either engine-based or equipment-based.
For example, recreational vehicles we regulate under 40 CFR part 1051
are subject to equipment-based standards even if emission measurements
are based on engine operation alone.
    Excluded engines/equipment means engines/equipment that are not
subject to emission standards or other requirements because they do not
meet the definitions or other regulatory provisions that define
applicability. For example, a non-stationary engine that is used solely
for off-highway competition is excluded from the requirements of this
part because it meets neither the definition of ``motor vehicle
engine'' nor ``nonroad engine'' under section 216 of the Clean Air Act.
    Exempted means relating to engines/equipment that are not required
to meet otherwise applicable standards. Exempted engines/equipment must
conform to regulatory conditions specified for an exemption in this
part 1068 or in the standard-setting part. Exempted engines/equipment
are deemed to be ``subject to'' the standards of the standard-setting
part even though they are not required to comply with the otherwise
applicable requirements. Engines/equipment exempted with respect to a
certain tier of standards may be required to comply with an earlier
tier of standards as a condition of the exemption; for example, engines
exempted with respect to Tier 3 standards may be required to comply
with Tier 1 or Tier 2 standards.
    Family means engine family or emission family, as applicable under
the standard-setting part.
    Final deteriorated test result has the meaning given in the
standard-setting part. If it is not defined in the standard-setting
part, it means the emission level that results from applying all
appropriate adjustments (such as deterioration factors) to the measured
emission result of the emission-data engine.
    Gas turbine engine means anything commercially known as a gas
turbine engine or any collection of assembled engine components that is
substantially similar to engines commercially known as gas turbine
engines. For example, a jet engine is a gas turbine engine. Gas turbine
engines may be complete or partially complete. Turbines that rely on
external combustion such as steam engines are not gas turbine engines.
    Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See Sec.  1068.5.
    Manufacturer has the meaning given in section 216(1) of the Clean
Air Act (42 U.S.C. 7550(1)). In general, this term includes any person
who manufactures or assembles an engine or piece of equipment for sale
in the United States or otherwise introduces a new engine or piece of
equipment into U.S. commerce. This includes importers that import new
engines or new equipment into the United States for resale. It also
includes secondary engine manufacturers.
    Model year has the meaning given in the standard-setting part.
Unless the standard-setting part specifies otherwise, model year for
individual engines/equipment is based on the date of manufacture or a
later stage in the assembly process determined by the manufacturer,
subject to the limitations described in Sec. Sec.  1068.103 and
1068.360. The model year of a new engine that is neither certified nor
exempt is deemed to be the calendar year in which it is sold, offered
for sale, imported, or delivered or otherwise introduced into U.S.
commerce.
    Motor vehicle has the meaning given in 40 CFR 85.1703(a).
    New has the meaning we give it in the standard-setting part. Note
that in certain cases, used and remanufactured engines/equipment may be
``new'' engines/equipment.
    Nonroad engine means:
    (1) Except as discussed in paragraph (2) of this definition, a
nonroad engine is an internal combustion engine that meets any of the
following criteria:
    (i) It is (or will be) used in or on a piece of equipment that is
self-propelled or serves a dual purpose by both propelling itself and
performing another function (such as garden tractors, off-highway
mobile cranes and bulldozers).
    (ii) It is (or will be) used in or on a piece of equipment that is
intended to be propelled while performing its function (such as
lawnmowers and string trimmers).

    (iii) By itself or in or on a piece of equipment, it is portable or
transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability
include, but are not limited to, wheels, skids, carrying handles,
dolly, trailer, or platform.
    (2) An internal combustion engine is not a nonroad engine if it
meets any of the following criteria:
    (i) The engine is used to propel a motor vehicle, an aircraft, or
equipment used solely for competition.
    (ii) The engine is regulated under 40 CFR part 60, (or otherwise
regulated by a federal New Source Performance Standard promulgated
under section 111 of the Clean Air Act (42 U.S.C. 7411)). Note that
this criterion does not apply for engines meeting any of the criteria
of paragraph (1) of this definition that are voluntarily certified
under 40 CFR part 60.
    (iii) The engine otherwise included in paragraph (1)(iii) of this
definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at
a seasonal source. A location is any single site at a building,
structure, facility, or installation. For any engine (or engines) that
replaces an engine at a location and that is intended to perform the
same or similar function as the engine replaced, include the time
period of both engines in calculating the consecutive time period. An
engine located at a seasonal source is an engine that remains at a
seasonal source during the full annual operating period of the seasonal
source. A seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least two years) and
that operates at that single location approximately three months (or
more) each year. See Sec.  1068.31 for provisions that apply if the
engine is removed from the location.
    Operating hours means:
    (1) For engine and equipment storage areas or facilities, times
during which people other than custodians and security personnel are at
work near, and can access, a storage area or facility.
    (2) For other areas or facilities, times during which an assembly
line operates or any of the following activities occurs:
    (i) Testing, maintenance, or service accumulation.
    (ii) Production or compilation of records.
    (iii) Certification testing.
    (iv) Translation of designs from the test stage to the production
stage.
    (v) Engine or equipment manufacture or assembly.
    Parent company means any entity that has a controlling ownership of
another company. Note that the standard-setting part may treat a
partial owner as a parent company even if it does not have controlling
ownership of a company.
    Piece of equipment means any vehicle, vessel, locomotive, aircraft,
or other type of equipment equipped with engines to which this part
applies.
    Placed into service means used for its intended purpose. Engines/
equipment do not qualify as being ``placed into service'' based on
incidental use by a manufacturer or dealer.
    Reasonable technical basis means information that would lead a
person familiar with engine design and function to reasonably believe a
conclusion related to compliance with the requirements of this part.
For example, it would be reasonable to believe that parts performing
the same function as the original parts (and to the same degree) would
control emissions to the same degree as the original parts. Note that
what is a reasonable basis for a person without technical training
might not qualify as a reasonable technical basis.
    Relating to as used in this section means relating to something in
a specific, direct manner. This expression is used in this section only
to define terms as adjectives and not to broaden the meaning of the
terms. Note that ``relating to'' is used in the same manner as in the
standard-setting parts.
    Replacement engine means an engine exempted as a replacement engine
under Sec.  1068.240.
    Revoke means to terminate the certificate or an exemption for a
family. If we revoke a certificate or exemption, you must apply for a
new certificate or exemption before continuing to introduce the
affected engines/equipment into U.S. commerce. This does not apply to
engines/equipment you no longer possess.
    Secondary engine manufacturer means anyone who produces a new
engine by modifying a complete or partially complete engine that was
made by a different company. For the purpose of this definition,
``modifying'' does not include making changes that do not remove an
engine from its original certified configuration. Secondary engine
manufacturing includes, for example, converting automotive engines for
use in industrial applications, or land-based engines for use in marine
applications. This applies whether it involves a complete or partially
complete engine and whether the engine was previously certified to
emission standards or not.
    (1) Manufacturers controlled by the manufacturer of the base engine
(or by an entity that also controls the manufacturer of the base
engine) are not secondary engine manufacturers; rather, both entities
are considered to be one manufacturer for purposes of this part.
    (2) This definition applies equally to equipment manufacturers that
modify engines. Also, equipment manufacturers that certify to
equipment-based standards using engines produced by another company are
deemed to be secondary engine manufacturers.
    (3) Except as specified in paragraph (2) of this definition,
companies importing complete engines into the United States are not
secondary engine manufacturers regardless of the procedures and
relationships between companies for assembling the engines.
    Small business means either of the following:
    (1) A company that qualifies under the standard-setting part for
special provisions for small businesses or small-volume manufacturers.
    (2) A company that qualifies as a small business under the
regulations adopted by the Small Business Administration at 13 CFR
121.201 if the standard-setting part does not establish such qualifying
criteria.
    Standard-setting part means a part in the Code of Federal
Regulations that defines emission standards for a particular engine
and/or piece of equipment (see Sec.  1068.1(a)). For example, the
standard-setting part for marine spark-ignition engines is 40 CFR part
1045. For provisions related to evaporative emissions, the standard-
setting part may be 40 CFR part 1060, as specified in 40 CFR 1060.1.
    Subsidiary means an entity that is owned or controlled by a parent
company.
    Suspend means to temporarily discontinue the certificate or an
exemption for a family. If we suspend a certificate, you may not sell,
offer for sale, or introduce or deliver into commerce in the United
States or import into the United States engines/equipment from that
family unless we reinstate the certificate or approve a new one. This
also applies if we suspend an exemption, unless we reinstate the
exemption.
    Ultimate purchaser means the first person who in good faith
purchases a new engine or new piece of equipment for purposes other
than resale.
    United States, in a geographic sense, means the States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, Guam, American Samoa, and the U.S.
Virgin Islands.

    U.S.-directed production volume has the meaning given in the
standard-setting part.
    Void means to invalidate a certificate or an exemption ab initio
(``from the beginning''). If we void a certificate, all the engines/
equipment introduced into U.S. commerce under that family for that
model year are considered uncertified (or nonconforming) and are
therefore not covered by a certificate of conformity, and you are
liable for all engines/equipment introduced into U.S. commerce under
the certificate and may face civil or criminal penalties or both. This
applies equally to all engines/equipment in the family, including
engines/equipment introduced into U.S. commerce before we voided the
certificate. If we void an exemption, all the engines/equipment
introduced into U.S. commerce under that exemption are considered
uncertified (or nonconforming), and you are liable for engines/
equipment introduced into U.S. commerce under the exemption and may
face civil or criminal penalties or both. You may not sell, offer for
sale, or introduce or deliver into commerce in the United States or
import into the United States any additional engines/equipment using
the voided exemption.
    Voluntary emission recall means a repair, adjustment, or
modification program voluntarily initiated and conducted by a
manufacturer to remedy any emission-related defect for which engine
owners have been notified.
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
0
230. Section 1068.31 is amended by revising the section heading, the
introductory text, and paragraph (c) to read as follows:

Sec.  1068.31  Changing the status of nonroad or stationary engines
under the definition of ``nonroad engine''.

    This section specifies the provisions that apply when an engine
previously used in a nonroad application is subsequently used in an
application other than a nonroad application, or when an engine
previously used in a stationary application (i.e., an engine that was
not used as a nonroad engine and that was not used to propel a motor
vehicle, an aircraft, or equipment used solely for competition) is
moved.
* * * * *
    (c) A stationary engine does not become a new nonroad engine if it
is moved but continues to meet the criteria specified in paragraph
(2)(iii) in the definition of ``nonroad engine'' in Sec.  1068.30 in
its new location. For example, a transportable engine that is used in a
single specific location for 18 months and is later moved to a second
specific location where it will remain for at least 12 months is
considered to be a stationary engine in both locations. Note that for
stationary engines that are neither portable nor transportable in
actual use, the residence-time restrictions in the definition of
``nonroad engine'' generally do not apply.
* * * * *
0
231. A new Sec.  1068.32 is added to read as follows:

Sec.  1068.32  Explanatory terms.

    This section explains how certain phrases and terms are used in 40
CFR parts 1000 through 1099, especially those used to clarify and
explain regulatory provisions.
    (a) Types of provisions. The term ``provision'' includes all
aspects of the regulations. As described in this section, regulatory
provisions include standards, requirements, prohibitions, and
allowances, along with a variety of other types of provisions. In
certain cases, we may use these terms to apply to some but not all of
the provisions of a part or section. For example, we may apply the
allowances of a section for certain engines, but not the requirements.
We may also apply all provisions except the requirements and
prohibitions.
    (1) A standard is a requirement established by regulation that
limits the emissions of air pollutants. Examples of standards include
numerical emission standards (such as 0.01 g/kW-hr) and design
standards (such a closed crankcase standard). Compliance with or
conformance to a standard is a specific type of requirement, and in
some cases a standard may be discussed as a requirement. Thus, a
statement about the requirements of a part or section also applies with
respect to the standards of the part or section.
    (2) The regulations apply other requirements in addition to
standards. For example, manufacturers are required to keep records and
provide reports to EPA.
    (3) While requirements state what someone must do, prohibitions
state what someone may not do. Prohibitions are often referred to as
prohibited acts or prohibited actions. Most penalties apply for
violations of prohibitions. A list of prohibitions may therefore
include the failure to meet a requirement as a prohibited action.
    (4) Allowances provide some form of relief from requirements. This
may include provisions delaying implementation, establishing exemptions
or test waivers, or creating alternative compliance options. Allowances
may be conditional. For example, we may exempt you from certain
requirements on the condition that you meet certain other requirements.
    (5) The regulations also include important provisions that are not
standards, requirements, prohibitions, or allowances, such as
definitions.
    (6) Engines/equipment are generally considered ``subject to'' a
specific provision if that provision applies, or if it does not apply
because of an exemption authorized under the regulation. For example,
locomotives are subject to the provisions of 40 CFR part 1033 even if
they are exempted from the standards of part 1033.
    (b) Singular and plural. Unless stated otherwise or unless it is
clear from the regulatory context, provisions written in singular form
include the plural form and provisions written in plural form include
the singular form. For example, the statement ``The manufacturer must
keep this report for three years'' is equivalent to ``The manufacturers
must keep these reports for three years.''
    (c) Inclusive lists. Lists in the regulations prefaced by
``including'' or ``this includes'' are not exhaustive. The terms
``including'' and ``this includes'' should be read to mean ``including
but not limited to'' and ``this includes but is not limited to''. For
example, the phrase ``including small manufacturers'' does not exclude
large manufacturers. However, prescriptive statements to ``include''
specific items (such as those related to recordkeeping and reporting
requirements) may be exhaustive.
    (d) Notes. Statements that begin with ``Note:'' or ``Note that''
are intended to clarify specific regulatory provisions stated elsewhere
in the regulations. By themselves, such statements are not intended to
specify regulatory requirements. Such statements are typically used for
regulatory text that, while legally sufficient to specify a
requirement, may be misunderstood by some readers. For example, the
regulations might note that a word is defined elsewhere in the
regulations to have a specific meaning that may be either narrower or
broader than some readers might assume.
    (e) Examples. Examples provided in the regulations are typically
introduced by either ``for example'' or ``such as''. Specific examples
given in the regulations do not necessarily represent the most common
examples. The regulations may specify examples conditionally (that is,
specifying that they are applicable only if certain criteria or
conditions are met). Lists of examples cannot be presumed to be
exhaustive lists.

    (f) Generally and typically. Statements that begin with
``generally'', ``in general'', or ``typically'' should not be read to
apply universally or absolutely. Rather they are intended to apply for
the most common circumstances. ``Generally'' and ``typically''
statements may be identified as notes as described in paragraph (d) of
this section.
    (g) Unusual circumstances. The regulations specify certain
allowances that apply ``in unusual circumstances''. While it is
difficult to precisely define what ``unusual circumstances'' means,
this generally refers to specific circumstances that are both rare and
unforeseeable. For example, a severe hurricane in the northeastern
United States may be considered to be an unusual circumstance, while a
less severe hurricane in the southeastern United States may not be.
Where the regulations limit an allowance to unusual circumstances,
manufacturers and others should not presume that such an allowance will
be available to them. Provisions related to unusual circumstances may
be described using the phrase ``normal circumstances'', which are those
circumstances that are not unusual circumstances.
    (h) Exceptions and other specifications. Regulatory provisions may
be expressed as a general prohibition, requirement, or allowance that
is modified by other regulatory text. Such provisions may include
phrases such as ``unless specified otherwise'', ``except as
specified'', or ``as specified in this section''. It is important that
the exceptions and the more general statement be considered together.
This regulatory construct is intended to allow the core requirement or
allowance to be stated in simple, clear sentences, rather than more
precise and comprehensive sentences that may be misread. For example,
where an action is prohibited in most but not all circumstances, the
provision may state that you may not take the action, ``except as
specified in this section.'' The exceptions could then be stated in
subsequent regulatory text.
0
232. Section 1068.35 is amended by revising the section heading to read
as follows:

Sec.  1068.35  Symbols, acronyms, and abbreviations.

* * * * *
0
233. Section 1068.40 is amended by revising the section heading and
paragraph (a) and removing paragraph (c).
    The revisions read as follows:

Sec.  1068.40  Special provisions for implementing changes in the
regulations.

    (a) During the 12 months following the effective date of any change
in the provisions of this part, you may ask to apply the previously
applicable provisions. Note that the effective date is generally 30 or
60 days after publication in the Federal Register, as noted in the
final rule. We will generally approve your request if you can
demonstrate that it would be impractical to comply with the new
requirements. We may consider the potential for adverse environmental
impacts in our decision. Similarly, in unusual circumstances, you may
ask for relief under this paragraph (a) from new requirements that
apply under the standard-setting part.
* * * * *
0
234. Section 1068.45 is amended by revising paragraph (e) and adding
paragraphs (g) and (h) to read as follows:

Sec.  1068.45  General labeling provisions.

* * * * *
    (e) Prohibitions against removing labels. As specified in Sec.
1068.101(b)(7), removing permanent labels is prohibited except for
certain circumstances. Removing temporary or removable labels
prematurely is also prohibited by Sec.  1068.101(b)(7).
* * * * *
    (g) Date format. If you use a coded approach to identify the
engine/equipment's date of manufacture, describe or interpret the code
in your application for certification.
    (h) Branding. The following provisions apply if you identify the
name and trademark of another company instead of your own on your
emission control information label, as provided in the standard-setting
part:
    (1) You must have a contractual agreement with the other company
that obligates that company to take the following steps:
    (i) Meet the emission warranty requirements that apply under the
standard-setting part. This may involve a separate agreement involving
reimbursement of warranty-related expenses.
    (ii) Report all warranty-related information to the certificate
holder.
    (2) In your application for certification, identify the company
whose trademark you will use.
    (3) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.
0
235. Section 1068.95 is revised to read as follows:

Sec.  1068.95  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, a document must be published in the Federal
Register and the material must be available to the public. All approved
materials are available for inspection at the Air and Radiation Docket
and Information Center (Air Docket) in the EPA Docket Center (EPA/DC)
at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number of the EPA/DC Public Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air Docket is<PHONE_NUMBER>. These
approved materials are also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are available from the
sources listed below.
    (b) SAE International, 400 Commonwealth Dr., Warrendale, PA 15096-
0001,<PHONE_NUMBER>, or http://www.sae.org:
    (1) SAE J1930, Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms, revised April 2002 (``SAE
J1930''), IBR approved for Sec.  1068.45(f).
    (2) [Reserved]

Subpart B--Prohibited Actions and Related Requirements

0
236. Section 1068.101 is amended by revising the introductory text and
paragraphs (a)(1), (b), and (h) introductory text to read as follows:

Sec.  1068.101  What general actions does this regulation prohibit?

    This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation in accordance
with 42 U.S.C. 7522 and 7524. The maximum penalty values listed in
paragraphs (a) and (b) of this section and in Sec.  1068.125 apply as
of December 7, 2013. As described in paragraph (h) of this section,
these maximum penalty limits are different for earlier violations and
they may be adjusted as set forth in 40 CFR part 19.
    (a) * * *
    (1) Introduction into commerce. You may not sell, offer for sale,
or introduce

or deliver into commerce in the United States or import into the United
States any new engine/equipment after emission standards take effect
for the engine/equipment, unless it is covered by a valid certificate
of conformity for its model year and has the required label or tag. You
also may not take any of the actions listed in the previous sentence
with respect to any equipment containing an engine subject to this
part's provisions unless the engine is covered by a valid certificate
of conformity for its model year and has the required engine label or
tag. We may assess a civil penalty up to $37,500 for each engine or
piece of equipment in violation.
    (i) For purposes of this paragraph (a)(1), a valid certificate of
conformity is one that applies for the same model year as the model
year of the equipment (except as allowed by Sec.  1068.105(a)), covers
the appropriate category or subcategory of engines/equipment (such as
locomotive or sterndrive/inboard Marine SI or nonhandheld Small SI),
and conforms to all requirements specified for equipment in the
standard-setting part. Engines/equipment are considered not covered by
a certificate unless they are in a configuration described in the
application for certification.
    (ii) The prohibitions of this paragraph (a)(1) also apply for new
engines you produce to replace an older engine in a piece of equipment,
except that the engines may qualify for the replacement-engine
exemption in Sec.  1068.240.
    (iii) The prohibitions of this paragraph (a)(1) also apply for new
engines that will be installed in equipment subject to equipment-based
standards, except that the engines may qualify for an exemption under
Sec.  1068.260(c) or Sec.  1068.262.
    (iv) Where the regulations specify that you are allowed to
introduce engines/equipment into U.S. commerce without a certificate of
conformity, you may take any of the otherwise prohibited actions
specified in this paragraph (a)(1) with respect to those engines/
equipment.
* * * * *
    (b) The following prohibitions apply to everyone with respect to
the engines and equipment to which this part applies:
    (1) Tampering. You may not remove or render inoperative any device
or element of design installed on or in engines/equipment in compliance
with the regulations prior to its sale and delivery to the ultimate
purchaser. You also may not knowingly remove or render inoperative any
such device or element of design after such sale and delivery to the
ultimate purchaser. This includes, for example, operating an engine
without a supply of appropriate quality urea if the emission control
system relies on urea to reduce NOX emissions or the use of
incorrect fuel or engine oil that renders the emissions control system
inoperative. Section 1068.120 describes how this applies to rebuilding
engines. See the standard-setting part, which may include additional
provisions regarding actions prohibited by this requirement. For a
manufacturer or dealer, we may assess a civil penalty up to $37,500 for
each engine or piece of equipment in violation. For anyone else, we may
assess a civil penalty up to $3,750 for each engine or piece of
equipment in violation. This prohibition does not apply in any of the
following situations:
    (i) You need to repair the engine/equipment and you restore it to
proper functioning when the repair is complete.
    (ii) You need to modify the engine/equipment to respond to a
temporary emergency and you restore it to proper functioning as soon as
possible.
    (iii) You modify new engines/equipment that another manufacturer
has already certified to meet emission standards and recertify them
under your own family. In this case you must tell the original
manufacturer not to include the modified engines/equipment in the
original family.
    (2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, any component that bypasses, impairs, defeats, or
disables the control of emissions of any regulated pollutant, except as
explicitly allowed by the standard-setting part. We may assess a civil
penalty up to $3,750 for each component in violation.
    (3) Stationary engines. For an engine that is excluded from any
requirements of this chapter because it is a stationary engine, you may
not move it or install it in any mobile equipment except as allowed by
the provisions of this chapter. You may not circumvent or attempt to
circumvent the residence-time requirements of paragraph (2)(iii) of the
nonroad engine definition in Sec.  1068.30. Anyone violating this
paragraph (b)(3) is deemed to be a manufacturer in violation of
paragraph (a)(1) of this section. We may assess a civil penalty up to
$37,500 for each engine or piece of equipment in violation.
    (4) Competition engines/equipment. (i) For uncertified engines/
equipment that are excluded or exempted as new engines/equipment from
any requirements of this chapter because they are to be used solely for
competition, you may not use any of them in a manner that is
inconsistent with use solely for competition. Anyone violating this
paragraph (b)(4)(i) is deemed to be a manufacturer in violation of
paragraph (a)(1) of this section. We may assess a civil penalty up to
$37,500 for each engine or piece of equipment in violation.
    (ii) For certified nonroad engines/equipment that qualify for
exemption from the tampering prohibition as described in Sec.  1068.235
because they are to be used solely for competition, you may not use any
of them in a manner that is inconsistent with use solely for
competition. Anyone violating this paragraph (b)(4)(ii) is in violation
of paragraph (b)(1) or (2) of this section. Certified motor vehicles
and motor vehicle engines and their emission control devices must
remain in their certified configuration even if they are used solely
for competition or if they become nonroad vehicles or engines; anyone
modifying a certified motor vehicle or motor vehicle engine for any
reason is subject to the tampering and defeat device prohibitions of 40
CFR 1068.101(b) and 42 U.S.C. 7522(a)(3).
    (5) Importation. You may not import an uncertified engine or piece
of equipment if it is defined to be new in the standard-setting part
with a model year for which emission standards applied. Anyone
violating this paragraph (b)(5) is deemed to be a manufacturer in
violation of paragraph (a)(1) of this section. We may assess a civil
penalty up to $37,500 for each engine or piece of equipment in
violation. Note the following:
    (i) The definition of new is broad for imported engines/equipment;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
    (ii) Used engines/equipment that were originally manufactured
before applicable EPA standards were in effect are generally not
subject to emission standards.
    (6) Warranty, recall, and maintenance instructions. You must meet
your obligation to honor your emission-related warranty under Sec.
1068.115, including any commitments you identify in your application
for certification. You must also fulfill all applicable requirements
under subpart F of this part related to emission-related defects and
recalls. You must also provide emission-related installation and
maintenance instructions as described in the standard-setting part.
Failure to meet these obligations is prohibited. Also, except as
specifically

provided by regulation, you are prohibited from directly or indirectly
communicating to the ultimate purchaser or a later purchaser that the
emission-related warranty is valid only if the owner has service
performed at authorized facilities or only if the owner uses authorized
parts, components, or systems. We may assess a civil penalty up to
$37,500 for each engine or piece of equipment in violation.
    (7) Labeling. (i) You may not remove or alter an emission control
information label or other required permanent label except as specified
in this paragraph (b)(7) or otherwise allowed by this chapter. Removing
or altering an emission control information label is a violation of
paragraph (b)(1) of this section. However, it is not a violation to
remove a label in the following circumstances:
    (A) The engine is destroyed, is permanently disassembled, or
otherwise loses its identity such that the original title to the engine
is no longer valid.
    (B) The regulations specifically direct you to remove the label.
For example, see Sec.  1068.235.
    (C) The part on which the label is mounted needs to be replaced. In
this case, you must have a replacement part with a duplicate of the
original label installed by the certifying manufacturer or an
authorized agent, except that the replacement label may omit the date
of manufacture if applicable. We generally require labels to be
permanently attached to parts that will not normally be replaced, but
this provision allows for replacements in unusual circumstances, such
as damage in a collision or other accident.
    (D) The original label is incorrect, provided that it is replaced
with the correct label from the certifying manufacturer or an
authorized agent. This allowance to replace incorrect labels does not
affect whether the application of an incorrect original label is a
violation.
    (ii) Removing or altering a temporary or removable label contrary
to the provisions of this paragraph (b)(7)(ii) is a violation of
paragraph (b)(1) of this section.
    (A) For labels identifying temporary exemptions, you may not remove
or alter the label while the engine/equipment is in an exempt status.
The exemption is automatically revoked for each engine/equipment for
which the label has been removed.
    (B) For temporary or removable consumer information labels, only
the ultimate purchaser may remove the label.
    (iii) You may not apply a false emission control information label.
You also may not manufacture, sell, or offer to sell false labels. The
application, manufacture, sale, or offer for sale of false labels is a
violation of this section (such as paragraph (a)(1) or (b)(2) of this
section). Note that applying an otherwise valid emission control
information label to the wrong engine is considered to be applying a
false label.
    (iv) Information on engine/equipment labels as specified in this
chapter is deemed to be information submitted to EPA and is therefore
subject to the prohibition against knowingly submitting false
information under paragraph (a)(2) of this section and 18 U.S.C. 1001.
* * * * *
    (h) The maximum penalty values listed in paragraphs (a) and (b) of
this section and in Sec.  1068.125 apply as of December 7, 2013.
Maximum penalty values for earlier violations are published in 40 CFR
part 19. Maximum penalty limits may be adjusted after December 7, 2013
based on the Consumer Price Index. The specific regulatory provisions
for changing the maximum penalties, published in 40 CFR part 19,
reference the applicable U.S. Code citation on which the prohibited
action is based. The following table is shown here for informational
purposes:
* * * * *
0
237. Section 1068.103 is revised to read as follows:

Sec.  1068.103  Provisions related to the duration and applicability of
certificates of conformity.

    (a) Engines/equipment covered by a certificate of conformity are
limited to those that are produced during the period specified in the
certificate and conform to the specifications described in the
certificate and the associated application for certification. For the
purposes of this paragraph (a), ``specifications'' includes the
emission control information label and any conditions or limitations
identified by the manufacturer or EPA. For example, if the application
for certification specifies certain engine configurations, the
certificate does not cover any configurations that are not specified.
We may ignore any information provided in the application that we
determine is not relevant to a demonstration of compliance with
applicable regulations, such as your projected production volumes in
many cases.
    (b) Unless the standard-setting part specifies otherwise, determine
the production period corresponding to each certificate of conformity
as specified in this paragraph (b). In general, the production period
is the manufacturer's annual production period identified as a model
year.
    (1) For engines/equipment subject to emission standards based on
model years, the first day of the annual production period can be no
earlier than January 2 of the calendar year preceding the year for
which the model year is named, or the earliest date of manufacture for
any engine/equipment in the engine family, whichever is later. The last
day of the annual production period can be no later than December 31 of
the calendar year for which the model year is named or the latest date
of manufacture for any engine/equipment in the engine family, whichever
is sooner. Note that this approach limits how you can designate a model
year for your engines/equipment; however, it does not limit your
ability to meet more stringent emission standards early where this is
permitted in the regulation.
    (2) For fuel-system components certified to evaporative emission
standards based on production periods rather than model years, the
production period is either the calendar year or a longer period we
specify consistent with the manufacturer's normal production practices.
    (c) A certificate of conformity will not cover engines/equipment
you produce with a date of manufacture earlier than the date you submit
the application for certification for the family. You may start to
produce engines/equipment after you submit an application for
certification and before the effective date of a certificate of
conformity, subject to the following conditions:
    (1) The engines/equipment must conform in all material respects to
the engines/equipment described in your application. Note that if we
require you to modify your application, you must ensure that all
engines/equipment conform to the specifications of the modified
application.
    (2) The engines/equipment may not be sold, offered for sale,
introduced into U.S. commerce, or delivered for introduction into U.S.
commerce before the effective date of the certificate of conformity.
    (3) You must notify us in your application for certification that
you plan to use the provisions of this paragraph (c) and when you
intend to start production. If the standard-setting part specifies
mandatory testing for production-line engines, you must start testing
as directed in the standard-setting part based on your actual start of
production, even if that occurs before we approve your certification.
You must also agree to give us full opportunity to inspect and/or test
the engines/

equipment during and after production. For example, we must have the
opportunity to specify selective enforcement audits as allowed by the
standard-setting part and the Clean Air Act as if the engines/equipment
were produced after the effective date of the certificate.
    (4) See Sec.  1068.262 for special provisions that apply for
secondary engine manufacturers receiving shipment of partially complete
engines before the effective date of a certificate.
    (d) The prohibition in Sec.  1068.101(a)(1) against offering to
sell engines/equipment without a valid certificate of conformity
generally does not apply for engines/equipment that have not yet been
produced. You may contractually agree to produce engines/equipment
before obtaining the required certificate of conformity. This is
intended to allow manufacturers of low-volume products to establish a
sufficient market for engines/equipment before going through the effort
to certify.
    (e) Engines/equipment with a date of manufacture after December 31
of the calendar year for which a model year is named are not covered by
the certificate of conformity for that model year. You must submit an
application for a new certificate of conformity demonstrating
compliance with applicable standards even if the engines/equipment are
identical to those built before December 31.
    (f) The flexible approach to naming the annual production period
described in paragraph (b)(1) of this section is intended to allow you
to introduce new products at any point during the year. This is based
on the expectation that production periods generally run on consistent
schedules from year to year. You may not use this flexibility to
arrange your production periods such that you can avoid annual
certification.
    (g) An engine is generally assigned a model year based on its date
of manufacture, which is typically based on the date the crankshaft is
installed in the engine (see Sec.  1068.30). You may not circumvent the
provisions of Sec.  1068.101(a)(1) by stockpiling engines with a date
of manufacture before new or changed emission standards take effect by
deviating from your normal production and inventory practices. (For
purposes of this paragraph (g), normal production and inventory
practices means those practices you typically use for similar families
in years in which emission standards do not change. We may require you
to provide us routine production and inventory records that document
your normal practices for the preceding eight years.) For most engines
you should plan to complete the assembly of an engine of a given model
year into its certified configuration within the first week after the
end of the model year if new emission standards start to apply in that
model year. For special circumstances it may be appropriate for your
normal business practice to involve more time. For engines with per-
cylinder displacement below 2.5 liters, if new emission standards start
to apply in a given year, we would consider an engine not to be covered
by a certificate of conformity for the preceding model year if the
engine is not assembled in a compliant configuration within 30 days
after the end of the model year for that engine family. (Note: an
engine is considered ``in a compliant configuration'' without being
fully assembled if Sec.  1068.260(a) or (b) authorizes shipment of the
engine without certain components.) For example, in the case where new
standards apply in the 2010 model year, and your normal production
period is based on the calendar year, you must complete the assembly of
all your 2009 model year engines before January 31, 2010, or an earlier
date consistent with your normal production and inventory practices.
For engines with per-cylinder displacement at or above 2.5 liters, this
time may not exceed 60 days. Note that for the purposes of this
paragraph (g), an engine shipped under Sec.  1068.261 is deemed to be a
complete engine. Note also that Sec.  1068.245 allows flexibility for
additional time in unusual circumstances. Note finally that disassembly
of complete engines and reassembly (such as for shipment) does not
affect the determination of model year; the provisions of this
paragraph (g) apply based on the date on which initial assembly is
complete.
    (h) This paragraph (h) describes the effect of suspending,
revoking, or voiding a certificate of conformity. See the definitions
of ``suspend,'' ``revoke,'' and ``void'' in Sec.  1068.30. Engines/
equipment produced at a time when the otherwise applicable certificate
of conformity has been suspended or revoked are not covered by a
certificate of conformity. Where a certificate of conformity is void,
all engines/equipment produced under that certificate of conformity are
not and were not covered by a certificate of conformity. In cases of
suspension, engines/equipment will be covered by a certificate only if
they are produced after the certificate is reinstated or a new
certificate is issued. In cases of revocation and voiding, engines/
equipment will be covered by a certificate only if they are produced
after we issue a new certificate. 42 U.S.C. 7522(a)(1) and Sec.
1068.101(a)(1) prohibit selling, offering for sale, introducing into
commerce, delivering for introduction into commerce, and importing
engines/equipment that are not covered by a certificate of conformity,
and they prohibit anyone from causing another to violate these
prohibitions.
    (i) You may transfer a certificate to another entity only in the
following cases:
    (1) You may transfer a certificate to a parent company, including a
parent company that purchases your company after we have issued your
certificate.
    (2) You may transfer a certificate to a subsidiary including a
subsidiary you purchase after we have issued your certificate.
    (3) You may transfer a certificate to a subsidiary of your parent
company.
0
238. Section 1068.105 is amended by revising paragraphs (a) and (c)(2)
to read as follows:

Sec.  1068.105  What other provisions apply to me specifically if I
manufacture equipment needing certified engines?

* * * * *
    (a) Transitioning to new engine-based standards. If new engine-
based emission standards apply in a given model year, your equipment
produced in that calendar year (or later) must have engines that are
certified to the new standards, except that you may continue to use up
normal inventories of earlier engines that were built before the date
of the new or changed standards. For purposes of this paragraph (a),
normal inventory applies for engines you possess and engines from your
engine supplier's normal inventory. (Note: this paragraph (a) does not
apply in the case of new remanufacturing standards.) We may require you
and your engine suppliers to provide us routine production and/or
inventory records that document your normal practices for the preceding
eight years. For example, if you have records documenting that your
normal inventory practice is to keep on hand a one-month supply of
engines based on your upcoming production schedules, and a new tier of
standards starts to apply for the 2015 model year, you may order
engines consistent with your normal inventory requirements late in the
engine manufacturer's 2014 model year and install those engines in your
equipment consistent with your normal production schedule. Also, if
your model year starts before the end of the calendar year preceding
new standards, you may use engines from the previous model year for
those units you completely assemble before January 1 of the year that
new

standards apply. If emission standards for the engine do not change in
a given model year, you may continue to install engines from the
previous model year without restriction (or any earlier model year for
which the same standards apply). You may not circumvent the provisions
of Sec.  1068.101(a)(1) by stockpiling engines that were built before
new or changed standards take effect. Similarly, you may not circumvent
the provisions of Sec.  1068.101(a)(1) by knowingly installing engines
that were stockpiled by engine suppliers in violation of Sec.
1068.103(f). Note that this allowance does not apply for equipment
subject to equipment-based standards. See 40 CFR 1060.601 for similar
provisions that apply for equipment subject to evaporative emission
standards. Note that the standard-setting part may impose further
restrictions on using up inventories of engines from an earlier model
year under this paragraph (a).
* * * * *
    (c) * * *
    (2) Permanently attach the duplicate label to your equipment by
securing it to a part needed for normal operation and not normally
requiring replacement. Make sure an average person can easily read it.
Note that attaching an inaccurate duplicate label may be a violation of
Sec.  1068.101(b)(7).
* * * * *
0
239. Section 1068.110 is amended by revising the section heading and
paragraph (d) to read as follows:

Sec.  1068.110  Other provisions for engines/equipment in service.

* * * * *
    (d) Defeat devices. We may test components, engines, and equipment
to investigate potential defeat devices. We may also require the
manufacturer to do this testing. If we choose to investigate one of
your designs, we may require you to show us that a component is not a
defeat device, and that an engine/equipment does not have a defeat
device. To do this, you may have to share with us information regarding
test programs, engineering evaluations, design specifications,
calibrations, on-board computer algorithms, and design strategies. It
is a violation of the Clean Air Act for anyone to make, install or use
defeat devices as described in Sec.  1068.101(b)(2) and the standard-
setting part.
* * * * *
0
240. Section 1068.115 is amended by revising the section heading to
read as follows:

Sec.  1068.115  What are manufacturers' emission-related warranty
requirements?

* * * * *
0
241. Section 1068.120 is amended by revising the section heading and
paragraph (f) to read as follows:

Sec.  1068.120  Requirements for rebuilding engines.

* * * * *
    (f) A rebuilt engine or other used engine may replace a certified
engine in a piece of equipment only if the engine was built and/or
rebuilt to a certified configuration meeting equivalent or more
stringent emission standards. Note that a certified configuration would
generally include more than one model year. A rebuilt engine being
installed that is from the same model year or a newer model year than
the engine being replaced meets this requirement. The following
examples illustrate the provisions of this paragraph (f):
    (1) In most cases, you may use a rebuilt Tier 2 engine to replace a
Tier 1 engine or another Tier 2 engine.
    (2) You may use a rebuilt Tier 1 engine to replace a Tier 2 engine
if the two engines differ only with respect to model year or other
characteristics unrelated to emissions since such engines would be
considered to be in the same configuration. This may occur if the Tier
1 engine had emission levels below the Tier 2 standards or if the Tier
2 engine was certified with a Family Emission Limit for calculating
emission credits.
    (3) You may use a rebuilt engine that originally met the Tier 1
standards without certification, as provided under Sec.  1068.265, to
replace a certified Tier 1 engine. This may occur for engines produced
under a Transition Program for Equipment Manufacturers such as that
described in 40 CFR 1039.625.
    (4) You may never replace a certified engine with an engine rebuilt
to a configuration that does not meet EPA emission standards. Note
that, for purposes of this paragraph (f)(4), a configuration is
considered to meet EPA emission standards if it was previously
certified or was otherwise shown to meet emission standards (see Sec.
1068.265).
* * * * *
0
242. Section 1068.125 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  1068.125  What happens if I violate the regulations?

* * * * *
    (b) Administrative penalties. Instead of bringing a civil action,
we may assess administrative penalties if the total is less than
$320,000 against you individually. This maximum penalty may be greater
if the Administrator and the Attorney General jointly determine that a
greater administrative penalty assessment is appropriate, or if the
limit is adjusted under 40 CFR part 19. No court may review this
determination. Before we assess an administrative penalty, you may ask
for a hearing as described in subpart G of this part. The Administrator
may compromise or remit, with or without conditions, any administrative
penalty that may be imposed under this section.
* * * * *

Subpart C-- Exemptions and Exclusions

0
243. Section 1068.201 is amended by revising the section heading and
paragraphs (a), (c), and (i) to read as follows:

Sec.  1068.201  General exemption and exclusion provisions.

* * * * *
    (a) This subpart identifies which engines/equipment qualify for
exemptions and what information we need. We may require more
information.
* * * * *
    (c) If you use an exemption under this subpart, we may require you
to add a permanent or temporary label to your exempted engines/
equipment. You may ask us to modify these labeling requirements if it
is appropriate for your engine/equipment.
* * * * *
    (i) If you want to take an action with respect to an exempted or
excluded engine/equipment that is prohibited by the exemption or
exclusion, such as selling it, you need to certify the engine/equipment
or qualify for a different exemption.
    (1) We will issue a certificate of conformity if you send us an
application for certification showing that you meet all the applicable
requirements from the standard-setting part and pay the appropriate
fee. Alternatively, we may allow you to include in an existing
certified engine family those engines/equipment you modify (or
otherwise demonstrate) to be identical to engines/equipment already
covered by the certificate. We would base such an approval on our
review of any appropriate documentation. These engines/equipment must
have emission control information labels that accurately describe their
status.
    (2) The exemption provisions of this part may be applied to new
engines without regard to whether or not they have already been
certified or exempted. You may ask to apply the exemption

provisions prospectively to used engines to cover circumstances not
otherwise allowed by the original certification or exemption. Note that
application of new exemption provisions does not apply with respect to
actions that occur before the new exemption applies. For example, you
may ask for a testing exemption for a new or used engine that has
already been introduced into commerce under a competition exemption,
but the testing exemption would not cover non-competition use that
occurred before we approved the testing exemption.
0
244. Section 1068.210 is amended by revising the section heading and
paragraph (e) to read as follows:

Sec.  1068.210  Exempting test engines/equipment.

* * * * *
    (e) If we approve your request for a testing exemption, we will
send you a letter or a memorandum describing the basis and scope of the
exemption. It will also include any necessary terms and conditions,
which normally require you to do the following:
    (1) Stay within the scope of the exemption.
    (2) Create and maintain adequate records that we may inspect.
    (3) Add a permanent label to all engines/equipment exempted under
this section, consistent with Sec.  1068.45, with at least the
following items:
    (i) The label heading ``EMISSION CONTROL INFORMATION''.
    (ii) Your corporate name and trademark.
    (iii) Engine displacement, family identification, and model year of
the engine/equipment (as applicable), or whom to contact for further
information.
    (iv) The statement: ``THIS [engine, equipment, vehicle, etc.] IS
EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''
    (4) Tell us when the test program is finished.
    (5) Tell us the final disposition of the engines/equipment.
0
245. Section 1068.215 is amended by revising the section heading and
paragraphs (a) and (c)(3)(iv) to read as follows:

Sec.  1068.215  Exempting manufacturer-owned engines/equipment.

    (a) You are eligible for this exemption for manufacturer-owned
engines/equipment only if you are a certificate holder. Any engine for
which you meet all applicable requirements under this section is exempt
without request.
* * * * *
    (c) * * *
    (3) * * *
    (iv) The statement: ``THIS [engine, equipment, vehicle, etc.] IS
EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''
0
246. Section 1068.220 is revised to read as follows:

Sec.  1068.220  Exempting display engines/equipment.

    (a) Anyone may request an exemption for display engines/equipment.
    (b) Nonconforming display engines/equipment will be exempted if
they are used only for displays in the interest of a business or the
general public. This exemption does not apply to engines/equipment
displayed for private use, private collections, or any other purpose we
determine is inappropriate for a display exemption.
    (c) You may operate the exempted engine/equipment, but only if we
approve specific operation that is part of the display, or is necessary
for the display (possibly including operation that is indirectly
necessary for the display). We may consider any relevant factor in our
approval process, including the extent of the operation, the overall
emission impact, and whether the engine/equipment meets emission
requirements of another country.
    (d) You may sell or lease the exempted engine/equipment only with
our advance approval.
    (e) To use this exemption, you must add a permanent label to all
engines/equipment exempted under this section, consistent with Sec.
1068.45, with at least the following items:
    (1) The label heading ``EMISSION CONTROL INFORMATION''.
    (2) Your corporate name and trademark.
    (3) Engine displacement, family identification, and model year of
the engine/equipment (as applicable), or whom to contact for further
information.
    (4) The statement: ``THIS [engine, equipment, vehicle, etc.] IS
EXEMPT UNDER 40 CFR 1068.220 FROM EMISSION STANDARDS AND RELATED
REQUIREMENTS.''
    (f) We may set other conditions for approval of this exemption.
0
247. Section 1068.225 is amended by revising the section heading and
paragraph (d)(4) to read as follows:

Sec.  1068.225  Exempting engines/equipment for national security.

* * * * *
    (d) * * *
    (4) The statement: ``THIS [engine, equipment, vehicle, etc.] HAS AN
EXEMPTION FOR NATIONAL SECURITY UNDER 40 CFR 1068.225.''
0
248. Section 1068.230 is amended by revising the section heading and
paragraphs (b) and (c) to read as follows:

Sec.  1068.230  Exempting engines/equipment for export.

* * * * *
    (b) Engines/equipment exported to a country not covered by
paragraph (a) of this section are exempt from the prohibited acts in
this part without a request. If you produce exempt engines/equipment
for export and any of them are sold or offered for sale to an ultimate
purchaser in the United States, the exemption is automatically void for
those engines/equipment, except as specified in Sec.  1068.201(i). You
may operate engines/equipment in the United States only as needed to
prepare and deliver them for export.
    (c) Except as specified in paragraph (d) of this section, label
exempted engines/equipment (including shipping containers if the label
on the engine/equipment will be obscured by the container) with a label
showing that they are not certified for sale or use in the United
States. This label may be permanent or removable. See Sec.  1068.45 for
provisions related to the use of removable labels and applying labels
to containers without labeling individual engines/equipment. The label
must include your corporate name and trademark and the following
statement: ``THIS [engine, equipment, vehicle, etc.] IS SOLELY FOR
EXPORT AND IS THEREFORE EXEMPT UNDER 40 CFR 1068.230 FROM U.S. EMISSION
STANDARDS AND RELATED REQUIREMENTS.''
* * * * *
0
249. Section 1068.235 is revised to read as follows:

Sec.  1068.235  Exempting nonroad engines/equipment used solely for
competition.

    The following provisions apply for nonroad engines/equipment, but
not for motor vehicles:
    (a) New nonroad engines/equipment you produce that are used solely
for competition are excluded from emission standards. We may exempt
(rather than exclude) new nonroad engines/equipment you produce that
you intend to be used solely for competition, where we determine that
such engines/equipment are unlikely to be used contrary to your intent.
See the standard-setting parts for specific provisions where
applicable. Note that the definitions in the standard-setting part may
deem uncertified engines/equipment to be new upon importation.
    (b) If you modify any nonroad engines/equipment after they have
been placed into service in the United States

so they will be used solely for competition, they are exempt without
request. This exemption applies only to the prohibitions in Sec.
1068.101(b)(1) and (2) and are valid only as long as the engine/
equipment is used solely for competition. You may not use the
provisions of this paragraph (b) to circumvent the requirements that
apply to the sale of new competition engines under the standard-setting
part.
    (c) If you modify any nonroad engines/equipment under paragraph (b)
of this section, you must destroy the original emission labels. If you
loan, lease, sell, or give any of these engines/equipment to someone
else, you must tell the new owner (or operator, if applicable) in
writing that they may be used only for competition.
0
250. Section 1068.240 is amended by revising the section heading and
paragraphs (c)(1), (c)(3), and (e) introductory text to read as
follows:

Sec.  1068.240  Exempting new replacement engines.

* * * * *
    (c) * * *
    (1) You may produce a limited number of replacement engines under
this paragraph (c) representing 0.5 percent of your annual production
volumes for each category and subcategory of engines identified in
Table 1 to this section (1.0 percent through 2013). Calculate this
number by multiplying your annual U.S.-directed production volume by
0.005 (or 0.01 through 2013) and rounding to the nearest whole number.
Determine the appropriate production volume by identifying the highest
total annual U.S.-directed production volume of engines from the
previous three model years for all your certified engines from each
category or subcategory identified in Table 1 to this section, as
applicable. In unusual circumstances, you may ask us to base your
production limits on U.S.-directed production volume for a model year
more than three years prior. You may include stationary engines and
exempted engines as part of your U.S.-directed production volume.
Include U.S.-directed engines produced by any affiliated companies and
those from any other companies you license to produce engines for you.
* * * * *
    (3) Send the Designated Compliance Officer a report by September 30
of the year following any year in which you produced exempted
replacement engines under this paragraph (c). In your report include
the total number of replacement engines you produce under this
paragraph (c) for each category or subcategory, as appropriate, and the
corresponding total production volumes determined under paragraph
(c)(1) of this section. If you send us a report under this paragraph
(c)(3), you must also include the total number of replacement engines
you produced under paragraphs (b), (d), and (e) of this section. Count
exempt engines as tracked under paragraph (b) of this section only if
you meet all the requirements and conditions that apply under paragraph
(b) of this section by the due date for the annual report. You may
include the information required under this paragraph (c)(3) in
production reports required under the standard-setting part.
* * * * *
    (e) Partially complete current-tier replacement engines. The
provisions of paragraph (d) of this section apply for engines you
produce from a current line of certified engines or vehicles if you
ship them as partially complete engines for replacement purposes. This
applies for engine-based and equipment-based standards as follows:
* * * * *
0
251. Section 1068.245 is amended by revising the section heading and
paragraph (g)(4) to read as follows:

Sec.  1068.245  Temporary provisions addressing hardship due to unusual
circumstances.

* * * * *
    (g) * * *
    (4) A statement describing the engine's status as an exempted
engine:
    (i) If the engine/equipment does not meet any emission standards,
add the following statement:``THIS [engine, equipment, vehicle, etc.]
IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION STANDARDS AND RELATED
REQUIREMENTS.''
    (ii) If the engines/equipment meet alternate emission standards as
a condition of an exemption under this section, we may specify a
different statement to identify the alternate emission standards.
0
252. Section 1068.250 is amended by revising the section heading and
paragraphs (c) introductory text and (k)(4) and removing and reserving
paragraph (h).
    The revisions read as follows:

Sec.  1068.250  Extending compliance deadlines for small businesses
under hardship.

* * * * *
    (c) Send the Designated Compliance Officer a written request for an
extension as soon as possible before you are in violation. In your
request, show that all the following conditions and requirements apply:
* * * * *
    (k) * * *
    (4) A statement describing the engine's status as an exempted
engine:
    (i) If the engine/equipment does not meet any emission standards,
add the following statement:``THIS [engine, equipment, vehicle, etc.]
IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION STANDARDS AND RELATED
REQUIREMENTS.''
    (ii) If the engine/equipment meets alternate emission standards as
a condition of an exemption under this section, we may specify a
different statement to identify the alternate emission standards.
0
253. Section 1068.255 is amended by revising the section heading and
paragraph (a) introductory text to read as follows:

Sec.  1068.255  Exempting engines and fuel-system components for
hardship for equipment manufacturers and secondary engine
manufacturers.

* * * * *
    (a) Equipment exemption. As an equipment manufacturer, you may ask
for approval to produce exempted equipment for up to 12 months. We will
generally limit this to a single interval up to 12 months in the first
year that new or revised emission standards apply. Exemptions under
this section are not limited to small businesses. Send the Designated
Compliance Officer a written request for an exemption before you are in
violation. In your request, you must show you are not at fault for the
impending violation and that you would face serious economic hardship
if we do not grant the exemption. This exemption is not available under
this paragraph (a) if you manufacture the engine or fuel-system
components you need for your own equipment, or if complying engines or
fuel-system components are available from other manufacturers that
could be used in your equipment, unless we allow it elsewhere in this
chapter. We may impose other conditions, including provisions to use
products meeting less stringent emission standards or to recover the
lost environmental benefit. In determining whether to grant the
exemptions, we will consider all relevant factors, including the
following:
* * * * *
0
254. Section 1068.260 is revised to read as follows:

Sec.  1068.260  General provisions for selling or shipping engines that
are not yet in their certified configuration.

    Except as specified in paragraph (e) of this section, all new
engines in the United States are presumed to be subject to the
prohibitions of Sec.  1068.101, which generally require that all new
engines be in a certified configuration before being sold, offered for
sale, or introduced or delivered into commerce in the United States or
imported into the United States. All emission-related components
generally need to be installed on an engine for such an engine to be in
its certified configuration. This section specifies clarifications and
exemptions related to these requirements for engines. Except for
paragraph (c) of this section, the provisions of this section generally
apply for engine-based standards but not for equipment-based exhaust
emission standards.
    (a) The provisions of this paragraph (a) apply for emission-related
components that cannot practically be assembled before shipment because
they depend on equipment design parameters.
    (1) You do not need an exemption to ship an engine that does not
include installation or assembly of certain emission-related
components, if those components are shipped along with the engine. For
example, you may generally ship aftertreatment devices along with
engines rather than installing them on the engine before shipment. We
may require you to describe how you plan to use this provision.
    (2) You may ask us at the time of certification for an exemption to
allow you to ship your engines without emission-related components. If
we allow this, we may specify conditions that we determine are needed
to ensure that shipping the engine without such components will not
result in the engine being operated outside of its certified
configuration. You must identify unshipped parts by specific part
numbers if they cannot be properly characterized by performance
specification. For example, electronic control units, turbochargers,
and EGR coolers must generally be identified by part number. Parts that
we believe can be properly characterized by performance specification
include air filters, noncatalyzed mufflers, and charge air coolers. See
paragraph (d) of this section for additional provisions that apply in
certain circumstances.
    (b) You do not need an exemption to ship engines without specific
components if they are not emission-related components identified in
Appendix I of this part. For example, you may generally ship engines
without the following parts:
    (1) Radiators needed to cool the engine.
    (2) Exhaust piping between the engine and an aftertreatment device,
between two aftertreatment devices, or downstream of the last
aftertreatment device.
    (c) If you are a certificate holder, partially complete engines/
equipment shipped between two of your facilities are exempt, subject to
the provisions of this paragraph (c), as long as you maintain ownership
and control of the engines/equipment until they reach their
destination. We may also allow this where you do not maintain actual
ownership and control of the engines/equipment (such as hiring a
shipping company to transport the engines) but only if you demonstrate
that the engines/equipment will be transported only according to your
specifications. See Sec.  1068.261(b) for the provisions that apply
instead of this paragraph (c) for the special case of integrated
manufacturers using the delegated-assembly exemption. Notify us of your
intent to use this exemption in your application for certification, if
applicable. Your exemption is effective when we grant your certificate.
You may alternatively request an exemption in a separate submission;
for example, this would be necessary if you will not be the certificate
holder for the engines in question. We may require you to take specific
steps to ensure that such engines/equipment are in a certified
configuration before reaching the ultimate purchaser. Note that since
this is a temporary exemption, it does not allow you to sell or
otherwise distribute to ultimate purchasers an engine/equipment in an
uncertified configuration with respect to exhaust emissions. Note also
that the exempted engine/equipment remains new and subject to emission
standards (see definition of ``exempted'' in Sec.  1068.30) until its
title is transferred to the ultimate purchaser or it otherwise ceases
to be new.
    (d) See Sec.  1068.261 for delegated-assembly provisions in which
certificate-holding manufacturers ship engines that are not yet
equipped with certain emission-related components. See Sec.  1068.262
for provisions related to manufacturers shipping partially complete
engines for which a secondary engine manufacturer holds the certificate
of conformity.
    (e) Engines used in hobby vehicles are not presumed to be engines
subject to the prohibitions of Sec.  1068.101. Hobby vehicles are
reduced-scale models of vehicles that are not capable of transporting a
person. Some gas turbine engines are subject to the prohibitions of
Sec.  1068.101, but we do not presume that all gas turbine engines are
subject to these prohibitions. Other engines that do not have a valid
certificate of conformity or exemption when sold, offered for sale, or
introduced or delivered into commerce in the United States or imported
into the United States are presumed to be engines subject to the
prohibitions of Sec.  1068.101 unless we determine that such engines
are excluded from the prohibitions of Sec.  1068.101.
    (f) While we presume that new non-hobby engines are subject to the
prohibitions of Sec.  1068.101, we may determine that a specific engine
is not subject to these prohibitions based on information you provide
or other information that is available to us. For example, the
provisions of this part 1068 and the standard-setting parts provide for
exemptions in certain circumstances. Also, some engines may be subject
to separate prohibitions under subchapter C instead of the prohibitions
of Sec.  1068.101.
0
255. Section 1068.261 is amended by revising the section heading and
paragraph (a) to read as follows:

Sec.  1068.261  Delegated assembly and other provisions related to
engines not yet in the certified configuration.

* * * * *
    (a) Shipping an engine separately from an aftertreatment component
that you have specified as part of its certified configuration will not
be a violation of the prohibitions in Sec.  1068.101(a)(1) subject to
the provisions in this section. We may also require that you apply some
or all of the provisions of this section for other components if we
determine it is necessary to ensure that shipping the engine without
such components will not result in the engine being operated outside of
its certified configuration. In making this determination, we will
consider the importance of the component for controlling emissions and
the likelihood that equipment manufacturers will have an incentive to
disregard your emission-related installation instructions based on any
relevant factors, such as the cost of the component and any real or
perceived expectation of a negative impact on engine or equipment
performance.
* * * * *
0
256. Section 1068.262 is revised to read as follows:

Sec.  1068.262  Shipment of engines to secondary engine manufacturers.

    This section specifies how manufacturers may introduce into U.S.
commerce partially complete engines that have an exemption or a
certificate of conformity held by a secondary engine manufacturer and
are not yet in a certified configuration. See the standard-setting part
to determine whether and how the provisions of this section apply.
(Note: See Sec.  1068.261 for provisions related to manufacturers
introducing into U.S. commerce partially complete engines for which
they hold the certificate of conformity.) This exemption is temporary
as described in paragraph (g) of this section.
    (a) The provisions of this section generally apply where the
secondary engine manufacturer has substantial control over the design
and assembly of emission controls. In unusual circumstances we may
allow other secondary engine manufacturers to use these provisions. In
determining whether a manufacturer has substantial control over the
design and assembly of emission controls, we would consider the degree
to which the secondary engine manufacturer would be able to ensure that
the engine will conform to the regulations in its final configuration.
Such secondary engine manufacturers may finish assembly of partially
complete engines in the following cases:
    (1) You obtain an engine that is not fully assembled with the
intent to manufacture a complete engine.
    (2) You obtain an engine with the intent to modify it before it
reaches the ultimate purchaser.
    (3) You obtain an engine with the intent to install it in equipment
that will be subject to equipment-based standards.
    (b) Manufacturers may introduce into U.S. commerce partially
complete engines as described in this section if they have a written
request for such engines from a secondary engine manufacturer that has
certified the engine and will finish the engine assembly. The written
request must include a statement that the secondary engine manufacturer
has a certificate of conformity for the engine and identify a valid
engine family name associated with each engine model ordered (or the
basis for an exemption if applicable, as specified in paragraph (e) of
this section). The original engine manufacturer must apply a removable
label meeting the requirements of Sec.  1068.45 that identifies the
corporate name of the original manufacturer and states that the engine
is exempt under the provisions of Sec.  1068.262. The name of the
certifying manufacturer must also be on the label or, alternatively, on
the bill of lading that accompanies the engines during shipment. The
original engine manufacturer may not apply a permanent emission control
information label identifying the engine's eventual status as a
certified engine.
    (c) If you are the secondary engine manufacturer and you will hold
the certificate, you must include the following information in your
application for certification:
    (1) Identify the original engine manufacturer of the partially
complete engine or of the complete engine you will modify.
    (2) Describe briefly how and where final assembly will be
completed. Specify how you have the ability to ensure that the engines
will conform to the regulations in their final configuration. (Note:
Paragraph (a) of this section prohibits using the provisions of this
section unless you have substantial control over the design and
assembly of emission controls.)
    (3) State unconditionally that you will not distribute the engines
without conforming to all applicable regulations.
    (d) If you are a secondary engine manufacturer and you are already
a certificate holder for other families, you may receive shipment of
partially complete engines after you apply for a certificate of
conformity but before the certificate's effective date. In this case,
all the provisions of Sec.  1068.103(c)(1) through (3) apply. This
exemption allows the original manufacturer to ship engines after you
have applied for a certificate of conformity. Manufacturers may
introduce into U.S. commerce partially complete engines as described in
this paragraph (d) if they have a written request for such engines from
a secondary engine manufacturer stating that the application for
certification has been submitted (instead of the information we specify
in paragraph (b) of this section). We may set additional conditions
under this paragraph (d) to prevent circumvention of regulatory
requirements. Consistent with Sec.  1068.103(c), we may also revoke an
exemption under this paragraph (d) if we have reason to believe that
the application for certification will not be approved or that the
engines will otherwise not reach a certified configuration before
reaching the ultimate purchaser. This may require that you export the
engines.
    (e) The provisions of this section also apply for shipping
partially complete engines if the engine is covered by a valid
exemption and there is no valid engine family name that could be used
to represent the engine model. Unless we approve otherwise in advance,
you may do this only when shipping engines to secondary engine
manufacturers that are certificate holders. In this case, the secondary
engine manufacturer must identify the regulatory cite identifying the
applicable exemption instead of a valid engine family name when
ordering engines from the original engine manufacturer.
    (f) If secondary engine manufacturers determine after receiving an
engine under this section that the engine will not be covered by a
certificate or exemption as planned, they may ask us to allow for
shipment of the engines back to the original engine manufacturer or to
another secondary engine manufacturer. This might occur in the case of
an incorrect shipment or excess inventory. We may modify the provisions
of this section as appropriate to address these cases.
    (g) Both original and secondary engine manufacturers must keep the
records described in this section for at least five years, including
the written request for engines and the bill of lading for each
shipment (if applicable). The written request is deemed to be a
submission to EPA and is thus subject to the reporting requirements of
40 CFR 1068.101(a)(2).
    (h) These provisions are intended only to allow secondary engine
manufacturers to obtain or transport engines in the specific
circumstances identified in this section so any exemption under this
section expires when the engine reaches the point of final assembly
identified in paragraph (c)(2) of this section.
    (i) For purposes of this section, an allowance to introduce
partially complete engines into U.S. commerce includes a conditional
allowance to sell, introduce, or deliver such engines into commerce in
the United States or import them into the United States. It does not
include a general allowance to offer such partially complete engines
for sale because this exemption is intended to apply only for cases in
which the certificate holder already has an arrangement to purchase the
engines from the original engine manufacturer. This exemption does not
allow the original engine manufacturer to subsequently offer the
engines for sale to a different manufacturer who will hold the
certificate unless that second manufacturer has also complied with the
requirements of this part. The exemption does not apply for any
individual engines that are not labeled as specified in this section or
which are shipped to someone who is not a certificate holder.

    (j) We may suspend, revoke, or void an exemption under this
section, as follows:
    (1) We may suspend or revoke your exemption if you fail to meet the
requirements of this section. We may suspend or revoke an exemption
related to a specific secondary engine manufacturer if that
manufacturer sells engines that are in not in a certified configuration
in violation of the regulations. We may disallow this exemption for
future shipments to the affected secondary engine manufacturer or set
additional conditions to ensure that engines will be assembled in the
certified configuration.
    (2) We may void an exemption for all the affected engines if you
intentionally submit false or incomplete information or fail to keep
and provide to EPA the records required by this section.
    (3) The exemption is void for an engine that is shipped to a
company that is not a certificate holder or for an engine that is
shipped to a secondary engine manufacturer that is not in compliance
with the requirements of this section.
    (4) The secondary engine manufacturer may be liable for causing a
prohibited act if voiding the exemption is due to its own actions.
    (k) No exemption is needed to import equipment that does not
include an engine. No exemption from exhaust emission standards is
available under this section for equipment subject to equipment-based
standards if the engine has been installed.
0
257. Section 1068.265 is amended by revising the section heading to
read as follows:

Sec.  1068.265  Provisions for engines/equipment conditionally exempted
from certification.

* * * * *

Subpart D--Imports

0
258. Section 1068.301 is amended by revising the section heading and
paragraphs (b) and (d) and adding paragraph (e) to read as follows:

Sec.  1068.301  General provisions for importing engines/equipment.

* * * * *
    (b) In general, engines/equipment that you import must be covered
by a certificate of conformity unless they were built before emission
standards started to apply. This subpart describes the limited cases
where we allow importation of exempt or excluded engines/equipment. If
an engine has an exemption from exhaust emission standards, this allows
you to import the equipment under the same exemption.
* * * * *
    (d) Complete the appropriate EPA declaration before importing any
engines or equipment. These forms may be submitted and stored
electronically and are available on the Internet at http://www.epa.gov/OTAQ/imports/ or by phone at<PHONE_NUMBER>. Importers must keep these
records for five years and make them available promptly upon request.
    (e) The standard-setting part may define uncertified engines/
equipment to be ``new'' upon importation, whether or not they have
already been placed into service. This may affect how the provisions of
this subpart apply for your engines/equipment. (See the definition of
``new'' and other relevant terms in the standard-setting part.)
0
259. Section 1068.305 is amended by revising paragraphs (b)(1) and (2)
to read as follows:

Sec.  1068.305  How do I get an exemption or exclusion for imported
engines/equipment?

* * * * *
    (b) * * *
    (1) Give your name, address, and telephone number.
    (2) Give the engine/equipment owner's name, address, and telephone
number.
* * * * *
0
260. Section 1068.310 is amended by revising the section heading and
paragraph (a) to read as follows:

Sec.  1068.310  Exclusions for imported engines/equipment.

* * * * *
    (a) Engines/equipment used solely for competition. Engines/
equipment that you demonstrate will be used solely for competition are
excluded from the restrictions on imports in Sec.  1068.301(b), but
only if they are properly labeled. See the standard-setting part for
provisions related to this demonstration that may apply. Section
1068.101(b)(4) prohibits anyone from using these excluded engines/
equipment for purposes other than competition. We may waive the
labeling requirement or allow a removable label for engines/equipment
that are being temporarily imported for one or more specific
competition events.
* * * * *
0
261. Section 1068.315 is amended by revising the section heading and
paragraph (i) to read as follows:

Sec.  1068.315  Permanent exemptions for imported engines/equipment.

* * * * *
    (i) Ancient engine/equipment exemption. If you are not the original
engine/equipment manufacturer, you may import nonconforming engines/
equipment that are subject to a standard-setting part and were first
manufactured at least 21 years earlier, as long as they are still
substantially in their original configurations.
0
262. Section 1068.325 is amended by revising the section heading,
introductory text, and paragraphs (a), (c), (d), and (j)(5) to read as
follows:

Sec.  1068.325  Temporary exemptions for imported engines/equipment.

    You may import engines/equipment under certain temporary
exemptions, subject to the conditions in this section. We may ask U.S.
Customs and Border Protection to require a specific bond amount to make
sure you comply with the requirements of this subpart. You may not sell
or lease one of these engines/equipment while it is in the United
States except as specified in this section or Sec.  1068.201(i). You
must eventually export the engine/equipment as we describe in this
section unless it conforms to a certificate of conformity or it
qualifies for one of the permanent exemptions in Sec.  1068.315 or the
standard-setting part.
    (a) Exemption for repairs or alterations. You may temporarily
import nonconforming engines/equipment under bond solely for repair or
alteration, subject to our advance approval as described in paragraph
(j) of this section. You may operate the engine/equipment in the United
States only as necessary to repair it, alter it, or ship it to or from
the service location. Export the engine/equipment directly after
servicing is complete, or confirm that it has been destroyed.
* * * * *
    (c) Display exemption. You may temporarily import nonconforming
engines/equipment under bond for display if you follow the requirements
of Sec.  1068.220, subject to our advance approval as described in
paragraph (j) of this section. This exemption expires one year after
you import the engine/equipment, unless we approve your request for an
extension. The engine/equipment must be exported (or destroyed) by the
time the exemption expires or directly after the display concludes,
whichever comes first.
    (d) Export exemption. You may temporarily import nonconforming
engines/equipment to export them, as described in Sec.  1068.230. Label
the engine/equipment as described in Sec.  1068.230. You may sell or
lease the engines/equipment for operation

outside the United States consistent with the provisions of Sec.
1068.230.
* * * * *
    (j) * * *
    (5) Acknowledge that EPA enforcement officers may conduct
inspections or testing as allowed under the Clean Air Act.
* * * * *
0
263. Section 1068.335 is amended by revising the section heading to
read as follows:

Sec.  1068.335  Penalties for violations.

* * * * *
0
264. Section 1068.360 is amended by revising the section heading and
paragraph (b) to read as follows:

Sec.  1068.360  Restrictions for assigning a model year to imported
engines and equipment.

* * * * *
    (b) This paragraph (b) applies for the importation of engines and
equipment that have not been placed into service, where the importation
occurs in any calendar year that is more than one year after the named
model year of the engine or equipment when emission control
requirements applying to current engines are different than for engines
or equipment in the named model year, unless they are imported under
special provisions for Independent Commercial Importers as allowed
under the standard-setting part. Regardless of what other provisions of
this subchapter U specify for the model year of the engine or
equipment, such engines and equipment are deemed to have an applicable
model year no more than one year earlier than the calendar year in
which they are imported. For example, a new engine identified as a 2007
model-year product that is imported on January 31, 2010 will be treated
as a 2009 model-year engine; the same engine will be treated as a 2010
model-year engine if it is imported any time in calendar year 2011.
* * * * *

Subpart E--Selective Enforcement Auditing

0
265. Section 1068.401 is revised to read as follows:

Sec.  1068.401  What is a selective enforcement audit?

    (a) We may conduct or require you as a certificate holder to
conduct emission tests on production engines/equipment in a selective
enforcement audit. This requirement is independent of any requirement
for you to routinely test production-line engines/equipment. Where
there are multiple entities meeting the definition of manufacturer, we
may require manufacturers other than the certificate holder to conduct
or participate in the audit as necessary. For products subject to
equipment-based standards, but tested using engine-based test
procedures, this subpart applies to the engines and/or the equipment,
as applicable. Otherwise this subpart applies to engines for products
subject to engine-based standards and to equipment for products subject
to equipment-based standards.
    (b) If we send you a signed test order, you must follow its
directions and the provisions of this subpart. We may tell you where to
test the engines/equipment. This may be where you produce the engines/
equipment or any other emission testing facility. You are responsible
for all testing costs whether the testing is conducted at your facility
or another facility.
    (c) If we select one or more of your families for a selective
enforcement audit, we will send the test order to the person who signed
the application for certification or we will deliver it in person.
    (d) If we do not select a testing facility, notify the Designated
Compliance Officer within one working day of receiving the test order
where you will test your engines/equipment.
    (e) You must do everything we require in the audit without delay.
We may suspend or revoke your certificate of conformity for the
affected engine families if you do not fulfill your obligations under
this subpart.
0
266. Section 1068.405 is amended by revising paragraph (a)(1) to read
as follows:

Sec.  1068.405  What is in a test order?

    (a) * * *
    (1) The family we have identified for testing. We may also specify
individual configurations.
* * * * *
0
267. Section 1068.415 is amended by revising paragraphs (c) and (d) to
read as follows:

Sec.  1068.415  How do I test my engines/equipment?

* * * * *
    (c) Test at least two engines/equipment in each 24-hour period
(including void tests). However, for engines with maximum engine power
above 560 kW, you may test one engine per 24-hour period. If you
request and justify it, we may approve a lower testing rate.
    (d) For exhaust emissions, accumulate service on test engines/
equipment at a minimum rate of 6 hours per engine or piece of equipment
during each 24-hour period; however, service accumulation to stabilize
an engine's emission levels may not take longer than eight days. The
first 24-hour period for service accumulation begins when you finish
preparing an engine or piece of equipment for testing. The minimum
service accumulation rate does not apply on weekends or holidays. We
may approve a longer stabilization period or a lower service
accumulation rate if you request and justify it. We may require you to
accumulate hours more rapidly than the minimum rate, as appropriate.
Plan your service accumulation to allow testing at the rate specified
in paragraph (c) of this section. Select operation for accumulating
operating hours on your test engines/equipment to represent normal in-
use operation for the family.
* * * * *
0
268. Section 1068.420 is amended by revising paragraphs (b) and (e) to
read as follows:

Sec.  1068.420  How do I know when my engine family fails an SEA?

* * * * *
    (b) Continue testing engines/equipment until you reach a pass
decision for all pollutants or a fail decision for one pollutant, as
described in paragraph (c) of this section.
* * * * *
    (e) If you reach a pass decision for one pollutant, but need to
continue testing for another pollutant, we will not use these later
test results for the pollutant with the pass decision as part of the
SEA.
* * * * *
0
269. Section 1068.425 is amended by revising paragraph (b) to read as
follows:

Sec.  1068.425  What happens if one of my production-line engines/
equipment exceeds the emission standards?

* * * * *
    (b) You may ask for a hearing relative to the suspended certificate
of conformity for the failing engine/equipment as specified in subpart
G of this part.
0
270. Section 1068.430 is amended by revising paragraph (c) to read as
follows:

Sec.  1068.430  What happens if a family fails an SEA?

* * * * *
    (c) You may ask for a hearing as described in subpart G of this
part up to 15 days after we suspend the certificate for a family. If we
agree that we used erroneous information in deciding to suspend the
certificate before a hearing is held, we will reinstate the
certificate.
0
271. Section 1068.450 is amended by revising paragraph (b) to read as
follows:

Sec.  1068.450  What records must I send to EPA?

* * * * *
    (b) We may ask you to add information to your written report, so we
can determine whether your new engines/equipment conform to the
requirements of this subpart.
* * * * *

Subpart F--Reporting Defects and Recalling Engines/Equipment

0
272. Section 1068.501 is amended by revising paragraphs (a)(1)(iv),
(a)(8), and (b)(1)(iii) to read as follows:

Sec.  1068.501  How do I report emission-related defects?

* * * * *
    (a) * * *
    (1) * * *
    (iv) Any other component whose failure would commonly increase
emissions of any regulated pollutant without significantly degrading
engine/equipment performance.
* * * * *
    (8) Send all reports required by this section to the Designated
Compliance Officer.
* * * * *
    (b) * * *
    (1) * * *
    (iii) You receive any other information for which good engineering
judgment would indicate the component or system may be defective, such
as information from dealers, field-service personnel, equipment
manufacturers, hotline complaints, in-use testing, or engine diagnostic
systems.
* * * * *
0
273. Section 1068.505 is amended by revising paragraphs (a), (c), and
(g) to read as follows:

Sec.  1068.505  How does the recall program work?

    (a) If we make a determination that a substantial number of
properly maintained and used engines/equipment do not conform to the
regulations of this chapter during their useful life, you must submit a
plan to remedy the nonconformity of your engines/equipment. We will
notify you of our determination in writing. Our notice will identify
the class or category of engines/equipment affected and describe how we
reached our conclusion. If this happens, you must meet the requirements
and follow the instructions in this subpart. You must remedy at your
expense noncompliant engines/equipment that have been properly
maintained and used, as described in Sec.  1068.510(a)(7), regardless
of their age or extent of service accumulation at the time of repair.
You may not transfer this expense to a dealer (or equipment
manufacturer for engine-based standards) through a franchise or other
agreement.
* * * * *
    (c) Unless we withdraw the determination of noncompliance, you must
respond to it by sending a remedial plan to the Designated Compliance
Officer. We will designate a date by which you must send us the
remedial plan; the designated date will be no sooner than 45 days after
we notify you, and no sooner than 30 days after a hearing.
* * * * *
    (g) For purposes of recall, ``owner'' means someone who owns an
engine or piece of equipment affected by a remedial plan.
0
274. Section 1068.510 is amended by revising paragraph (a)(6) to read
as follows:

Sec.  1068.510  How do I prepare and apply my remedial plan?

    (a) * * *
    (6) How you will notify owners; include a copy of any notification
letters.
* * * * *
0
275. Section 1068.515 is amended by revising paragraph (c) to read as
follows:

Sec.  1068.515  How do I mark or label repaired engines/equipment?

* * * * *
    (c) On the label, designate the specific recall campaign and
identify the facility where you repaired or inspected the engine/
equipment.
* * * * *
0
276. Section 1068.530 is amended by revising the introductory text to
read as follows:

Sec.  1068.530  What records must I keep?

    We may review your records at any time so it is important that you
keep required information readily available. Keep records associated
with your recall campaign for five years after you send the last report
we require under Sec.  1068.525(b). Organize and maintain your records
as described in this section.
* * * * *
0
277. Subpart G is revised to read as follows:
Subpart G--Hearings
Sec.
1068.601 Overview.
1068.610 Request for hearing--suspending, revoking, or voiding a
certificate of conformity.
1068.615 Request for hearing-- denied application for certification,
automatically suspended certificate, and determinations related to
certification.
1068.620 Request for hearing--recall.
1068.625 Request for hearing--nonconformance penalties.
1068.650 Procedures for informal hearings.

Subpart G--Hearings

Sec.  1068.601  Overview.

    The regulations of this chapter involve numerous provisions that
may result in EPA making a decision or judgment that you may consider
adverse to your interests and that either limits your business
activities or requires you to pay penalties. As specified in the
regulations, this might involve an opportunity for an informal hearing
or a formal hearing that follows specific procedures and is directed by
a Presiding Officer. The regulations generally specify when we would
hold a hearing. In limited circumstances, we may grant a request for a
hearing related to adverse decisions regarding regulatory provisions
for which we do not specifically describe the possibility of asking for
a hearing.
    (a) If you request a hearing regarding our decision to assess
administrative penalties under Sec.  1068.125, we will hold a formal
hearing according to the provisions of 40 CFR 22.1 through 22.32 and
22.34.
    (b) For other issues where the regulation allows for a hearing in
response to an adverse decision, you may request an informal hearing as
described in Sec.  1068.650. Sections 1068.610 through 1068.625
describe when and how to request an informal hearing under various
circumstances.
    (c) The time limits we specify are calendar days and include
weekends and holidays, except that a deadline falling on a Saturday,
Sunday, or a federal holiday is understood to move to the next business
day. Your filing will be considered timely based on the following
criteria relative to the specified deadline:
    (1) The postmarked date for items sent by U.S. mail must be on or
before the specified date.
    (2) The ship date for items sent from any location within the
United States by commercial carriers must be on or before the specified
date.
    (3) Items sent by mail or courier from outside the United States
must be received by the specified date.
    (4) The time and date stamp on an email message must be at or
before 5:00 p.m. on the specified date.
    (5) The time and date stamp on faxed pages must be at or before
5:00 p.m. on the specified date.

    (6) Hand-delivered items must be received by the appropriate
personnel by 3:00 p.m. on the specified date.
    (d) See the standard-setting part for additional information. If
the standard-setting part specifies any provisions that are contrary to
those described in this subpart, the provisions of the standard-setting
part apply instead of those described in this subpart.

Sec.  1068.610  Request for hearing--suspending, revoking, or voiding a
certificate of conformity.

    (a) You may request an informal hearing as described in Sec.
1068.650 if you disagree with our decision to suspend, revoke, or void
a certificate of conformity. We will approve your request for an
informal hearing under this paragraph (a) if we find that your request
raises a substantial factual issue in the decision we made that, if
addressed differently, could alter the outcome of that decision.
    (b) If you request a hearing regarding the outcome of a testing
regimen with established evaluation criteria, such as selective
enforcement audits or routine production-line testing, we will hold a
hearing limited to the following issues that are relevant to your
circumstances:
    (1) Whether tests were conducted in accordance with applicable
regulations.
    (2) Whether test equipment was properly calibrated and functioning.
    (3) Whether specified sampling procedures were followed to select
engines/equipment for testing.
    (4) Whether there is a basis for determining that the problems
identified do not apply for engines/equipment produced at plants other
than the one from which engines/equipment were selected for testing.
    (c) You must send your hearing request in writing to the Designated
Compliance Officer no later than 30 days after we notify you of our
decision to suspend, revoke, or void your certificate, or by some later
deadline we specify. If the deadline passes, we may nevertheless grant
you a hearing at our discretion.
    (d) Your hearing request must include the following information:
    (1) Identify the classes or categories of engines/equipment that
will be the subject of the hearing.
    (2) State briefly which issues you will raise at the hearing for
each affected class or category of engines/equipment.
    (3) Specify why you believe the hearing will conclude in your favor
for each of the issues you will raise.
    (4) Summarize the evidence supporting your position on each of the
issues you will raise and include any supporting data.

Sec.  1068.615  Request for hearing--denied application for
certification, automatically suspended certificate, and determinations
related to certification.

    (a) You may request an informal hearing as described in Sec.
1068.650 if we deny your application for a certificate of conformity,
if your certificate of conformity is automatically suspended under the
regulations, or if you disagree with determinations we make as part of
the certification process. For example, you might disagree with our
determinations regarding adjustable parameters under Sec.  1068.50 or
regarding your good engineering judgment under Sec.  1068.5.
    (b) You must send your hearing request in writing to the Designated
Compliance Officer no later than 30 days after we notify you of our
decision, or by some later deadline we specify. If the specified
deadline passes, we may nevertheless grant you a hearing at our
discretion.
    (c) Your hearing request must include the information specified in
Sec.  1068.610(d).
    (d) We will approve your request for an informal hearing if we find
that your request raises a substantial factual issue in the decision we
made that, if addressed differently, could alter the outcome of that
decision.

Sec.  1068.620  Request for hearing--recall.

    (a) You may request an informal hearing as described in Sec.
1068.650 if you disagree with our decision to order a recall.
    (b) You must send your hearing request in writing to the Designated
Compliance Officer no later than 45 days after we notify you of our
decision, or by some later deadline we specify. If the specified
deadline passes, we may nevertheless grant you a hearing at our
discretion.
    (c) Your hearing request must include the information specified in
Sec.  1068.610(d).

Sec.  1068.625  Request for hearing--nonconformance penalties.

    (a) You may request an informal hearing as described in Sec.
1068.650 if you disagree with our determination of compliance level or
penalty calculation or both. The hearing will address only whether the
compliance level or penalty was determined in accordance with the
regulations.
    (b) Send a request for a hearing in writing to the Designated
Compliance Officer within the following time frame, as applicable:
    (1) No later than 15 days after we notify you that we have approved
a nonconformance penalty under this subpart if the compliance level is
in the allowable range of nonconformity.
    (2) No later than 15 days after completion of the Production
Compliance Audit if the compliance level exceeds the upper limit.
    (3) No later than 15 days after we notify you of an adverse
decision for all other cases.
    (c) If you miss the specified deadline in paragraph (b) of this
section, we may nevertheless grant you a hearing at our discretion.
    (d) Your hearing request must include the information specified in
Sec.  1068.610(d).
    (e) We will approve your request for an informal hearing if we find
that your request raises a substantial factual issue in the decision we
made that, if addressed differently, could alter the outcome of that
decision.

Sec.  1068.650  Procedures for informal hearings.

    (a) The following provisions apply for arranging the hearing:
    (1) After granting your request for an informal hearing, we will
designate a Presiding Officer for the hearing.
    (2) The Presiding Officer will select the time and place for the
hearing. The hearing must be held as soon as practicable for all
parties involved.
    (3) The Presiding Officer may require that all argument and
presentation of evidence be concluded by a certain date after
commencement of the hearing.
    (b) The Presiding Officer will establish a paper or electronic
hearing record, which may be made available for inspection. The hearing
record includes, but is not limited to, the following materials:
    (1) All documents relating to the application for certification,
including the certificate of conformity itself, if applicable.
    (2) Your request for a hearing and the accompanying supporting
data.
    (3) Correspondence and other data relevant to the hearing.
    (4) The Presiding Officer's written decision regarding the subject
of the hearing, together with any accompanying material.
    (c) You may appear in person or you may be represented by counsel
or by any other representative you designate.
    (d) The Presiding Officer may arrange for a prehearing conference,
either in response to a request from any party or at his or her own
discretion. The Presiding Officer will select the time and place for
the prehearing conference. The Presiding Officer will summarize the
results of the conference and include the written summary as part of
the record. The prehearing conference

may involve consideration of the following items:
    (1) Simplification of the issues.
    (2) Stipulations, admissions of fact, and the introduction of
documents.
    (3) Limitation of the number of expert witnesses.
    (4) Possibility of reaching an agreement to resolve any or all of
the issues in dispute.
    (5) Any other matters that may aid in expeditiously and
successfully concluding the hearing.
    (e) Hearings will be conducted as follows:
    (1) The Presiding Officer will conduct informal hearings in an
orderly and expeditious manner. The parties may offer oral or written
evidence; however, the Presiding Officer may exclude evidence that is
irrelevant, immaterial, or repetitious.
    (2) Witnesses will not be required to testify under oath; however,
the Presiding Officer must make clear that 18 U.S.C. 1001 specifies
civil and criminal penalties for knowingly making false statements or
representations or using false documents in any matter within the
jurisdiction of EPA or any other department or agency of the United
States.
    (3) Any witness may be examined or cross-examined by the Presiding
Officer, by you, or by any other parties.
    (4) Written transcripts must be made for all hearings. Anyone may
purchase copies of transcripts from the reporter.
    (f) The Presiding Officer will make a final decision with written
findings, conclusions and supporting rationale on all the substantial
factual issues presented in the record. The findings, conclusions, and
written decision must be provided to the parties and made a part of the
record.
0
278. Appendix I to part 1068 is amended by revising paragraph IV to
read as follows:

APPENDIX I TO PART 1068--EMISSION-RELATED COMPONENTS

* * * * *
    IV. Emission-related components also include any other part whose
primary purpose is to reduce emissions or whose failure would commonly
increase emissions without significantly degrading engine/equipment
performance.

Department of Transportation

National Highway Traffic Safety Administration

49 CFR Chapter V

    In consideration of the foregoing, under the authority of 49 U.S.C.
322, 5 U.S.C. 552, 49 U.S.C. 30166, 49 U.S.C. 30167, 49 U.S.C. 32307,
49 U.S.C. 32505, 49 U.S.C. 32708, 49 U.S.C. 32910, 49 U.S.C. 33116, 49
U.S.C. 32901, 49 U.S.C. 32902, 49 U.S.C. 30101, 49 U.S.C. 32905, 49
U.S.C. 32906, and delegation of authority at 49 CFR 1.95, NHTSA amends
49 CFR chapter V as follows:

PART 512--CONFIDENTIAL BUSINESS INFORMATION

0
279. Revise the authority citation for part 512 to read as follows:

    Authority:  49 U.S.C. 322; 5 U.S.C. 552; 49 U.S.C. 30166; 49
U.S.C. 30167; 49 U.S.C. 32307; 49 U.S.C. 32505; 49 U.S.C. 32708; 49
U.S.C. 32910; 49 U.S.C. 33116; delegation of authority at 49 CFR
1.95.
0
280. Amend Sec.  512.6 by revising paragraph (c)(2) to read as follows:

Sec.  512.6  How should I prepare documents when submitting a claim for
confidentiality?

* * * * *
    (c) * * *
    (2) Confidential portions of electronic files submitted in other
than their original format must be marked ``Confidential Business
Information'' or ``Entire Page Confidential Business Information'' at
the top of each page. If only a portion of a page is claimed to be
confidential, that portion shall be designated by brackets. Files
submitted in their original format that cannot be marked as described
above must, to the extent practicable, identify confidential
information by alternative markings using existing attributes within
the file or means that are accessible through use of the file's
associated program. When alternative markings are used, such as font
changes or symbols, the submitter must use one method consistently for
electronic files of the same type within the same submission. The
method used for such markings must be described in the request for
confidentiality. Files and materials that cannot be marked internally,
such as video clips or executable files or files provided in a format
specifically requested by the agency, shall be renamed prior to
submission so the words ``Confidential Bus Info'' appears in the file
name or, if that is not practicable, the characters ``Conf Bus Info''
or ``CBI'' appear. In all cases, a submitter shall provide an
electronic copy of its request for confidential treatment on any medium
containing confidential information, except where impracticable.
* * * * *
0
281. Revise Sec.  512.7 to read as follows:

Sec.  512.7  Where should I send the information for which I am
requesting confidentiality?

    Except for requests pertaining to information submitted under 49
CFR part 537, any claim for confidential treatment must be submitted to
the Chief Counsel of the National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., West Building W41-227,
Washington, DC 20590. Requests for confidential treatment for
information submitted under 49 CFR part 537 shall accompany the
submission and be provided to NHTSA through the electronic portal
identified in 49 CFR 537.5(a)(4) or through an email address that will
be provided and maintained by NHTSA.

PART 523--VEHICLE CLASSIFICATION

0
282. Revise the authority citation for part 523 to read as follows:

    Authority:  49 U.S.C. 32901; delegation of authority at 49 CFR
1.95.
0
283. Revise Sec.  523.2 to read as follows:

Sec.  523.2  Definitions.

    Ambulance has the meaning given in 40 CFR 86.1803.
    Approach angle means the smallest angle, in a plane side view of an
automobile, formed by the level surface on which the automobile is
standing and a line tangent to the front tire static loaded radius arc
and touching the underside of the automobile forward of the front tire.
    Axle clearance means the vertical distance from the level surface
on which an automobile is standing to the lowest point on the axle
differential of the automobile.
    Base tire (for passenger automobiles, light trucks, and medium duty
passenger vehicles) means the tire size specified as standard equipment
by the manufacturer on each unique combination of a vehicle's footprint
and model type. Standard equipment is defined in 40 CFR 86.1803.
    Basic vehicle frontal area is used as defined in 40 CFR 86.1803 for
passenger automobiles, light trucks, medium duty passenger vehicles and
Class 2b through 3 pickup trucks and vans. For heavy-duty tracts and
vocational vehicles, it has the meaning given in 40 CFR 1037.801.
    Breakover angle means the supplement of the largest angle, in the
plan side view of an automobile that can be formed by two lines tangent
to the front and rear static loaded radii arcs and intersecting at a
point on the underside of the automobile.
    Cab-complete vehicle means a vehicle that is first sold as an
incomplete

vehicle that substantially includes the vehicle cab section as defined
in 40 CFR 1037.801. For example, vehicles known commercially as
chassis-cabs, cab-chassis, box-deletes, bed-deletes, and cut-away vans
are considered cab-complete vehicles. A cab includes a steering column
and a passenger compartment. Note that a vehicle lacking some
components of the cab is a cab-complete vehicle if it substantially
includes the cab.
    Cargo-carrying volume means the luggage capacity or cargo volume
index, as appropriate, and as those terms are defined in 40 CFR
600.315-08, in the case of automobiles to which either of these terms
apply. With respect to automobiles to which neither of these terms
apply, ``cargo-carrying volume'' means the total volume in cubic feet,
rounded to the nearest 0.1 cubic feet, of either an automobile's
enclosed nonseating space that is intended primarily for carrying cargo
and is not accessible from the passenger compartment, or the space
intended primarily for carrying cargo bounded in the front by a
vertical plane that is perpendicular to the longitudinal centerline of
the automobile and passes through the rearmost point on the rearmost
seat and elsewhere by the automobile's interior surfaces.
    Class 2b vehicles are vehicles with a gross vehicle weight rating
(GVWR) ranging from 8,501 to 10,000 pounds.
    Class 3 through Class 8 vehicles are vehicles with a gross vehicle
weight rating (GVWR) of 10,001 pounds or more as defined in 49 CFR
565.15.
    Commercial medium- and heavy-duty on-highway vehicle means an on-
highway vehicle with a gross vehicle weight rating of 10,000 pounds or
more as defined in 49 U.S.C. 32901(a)(7).
    Complete vehicle has the meaning given to completed vehicle as
defined in 49 CFR 567.3.
    Curb weight has the meaning given in 49 CFR 571.3.
    Dedicated vehicle has the same meaning as dedicated automobile as
defined in 49 U.S.C. 32901(a)(8).
    Departure angle means the smallest angle, in a plane side view of
an automobile, formed by the level surface on which the automobile is
standing and a line tangent to the rear tire static loaded radius arc
and touching the underside of the automobile rearward of the rear tire.
    Dual-fueled vehicle (multi-fuel, or flexible-fuel vehicle) has the
same meaning as dual fueled automobile as defined in 49 U.S.C.
32901(a)(9).
    Electric vehicle means a vehicle that does not include an engine,
and is powered solely by an external source of electricity and/or solar
power. Note that this does not include electric hybrid or fuel-cell
vehicles that use a chemical fuel such as gasoline, diesel fuel, or
hydrogen. Electric vehicles may also be referred to as all-electric
vehicles to distinguish them from hybrid vehicles.
    Emergency vehicle means one of the following:
    (1) For passenger cars, light trucks and medium duty passenger
vehicles, emergency vehicle has the meaning in 49 U.S.C. 32902(e).
    (2) For heavy-duty vehicles, emergency vehicle has the meaning
given in 40 CFR 1037.801.
    Engine code has the meaning given in 40 CFR 86.1803.
    Final stage manufacturer has the meaning given in 49 CFR 567.3.
    Fire truck has the meaning given in 40 CFR 86.1803.
    Footprint is defined as the product of track width (measured in
inches, calculated as the average of front and rear track widths, and
rounded to the nearest tenth of an inch) times wheelbase (measured in
inches and rounded to the nearest tenth of an inch), divided by 144 and
then rounded to the nearest tenth of a square foot. For purposes of
this definition, track width is the lateral distance between the
centerlines of the base tires at ground, including the camber angle.
For purposes of this definition, wheelbase is the longitudinal distance
between front and rear wheel centerlines.
    Full-size pickup truck means a light truck or medium duty passenger
vehicle that meets the requirements specified in 40 CFR 86.1866-12(e).
    Gross axle weight rating (GAWR) has the meaning given in 49 CFR
571.3.
    Gross combination weight rating (GCWR) has the meaning given in 49
CFR 571.3.
    Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR
571.3.
    Heavy-duty engine means any engine used for (or for which the
engine manufacturer could reasonably expect to be used for) motive
power in a heavy-duty vehicle. For purposes of this definition in this
part, the term ``engine'' includes internal combustion engines and
other devices that convert chemical fuel into motive power. For
example, a fuel cell and motor used in a heavy-duty vehicle is a heavy-
duty engine.
    Heavy-duty vehicle means a vehicle as defined in Sec.  523.6.