for emissions of pollutants from new motor vehicles and engines which
emissions cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare), sections 202(d),
203-209, 216, and 301 of the CAA, 42 U.S.C. 7521 (a), 7521 (d), 7522,
7523, 7524, 7525, 7541, 7542, 7543, 7550, and 7601.

B. NHTSA

    Statutory authority for the fuel consumption standards in these
rules is found in EISA section 103 (which authorizes a fuel efficiency
improvement program, designed to achieve the maximum feasible
improvement to be created for commercial medium- and heavy-duty on-
highway vehicles and work trucks, to include appropriate test methods,
measurement metrics, standards, and compliance and enforcement
protocols that are appropriate, cost-effective and technologically
feasible) of the Energy Independence and Security Act of 2007, 49
U.S.C. 32902(k).

List of Subjects

40 CFR Part 85

    Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.

40 CFR Part 86

    Administrative practice and procedure, Confidential business
information, Incorporation by reference, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements.

40 CFR Part 600

    Administrative practice and procedure, Electric power, Fuel
economy, Incorporation by reference, Labeling, Reporting and
recordkeeping requirements.

40 CFR Part 1033

    Administrative practice and procedure, Air pollution control.

40 CFR Parts 1036 and 1037

    Administrative practice and procedure, Air pollution control,
Confidential business information, Environmental protection,
Incorporation by reference, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1039

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.

40 CFR Parts 1065 and 1066

    Administrative practice and procedure, Air pollution control,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.

40 CFR Part 1068

    Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Incorporation by reference,
Motor vehicle pollution, Penalties, Reporting and recordkeeping
requirements, Warranties.

49 CFR Parts 523, 534, and 535

    Fuel economy.

Environmental Protection Agency

40 CFR Chapter I

    For the reasons set forth in the preamble, the Environmental
Protection Agency is amending 40 CFR chapter I of the Code of Federal
Regulations as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

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

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

Subpart F--[Amended]

0
2. Section 85.525 is revised to read as follows:

Sec.  85.525  Applicable standards.

    To qualify for an exemption from the tampering prohibition,
vehicles/engines that have been converted to operate on a different
fuel must meet emission standards and related requirements as follows:
    (a) The modified vehicle/engine must meet the requirements that
applied for

the OEM vehicle/engine, or the most stringent OEM vehicle/engine
standards in any allowable grouping. Fleet average standards do not
apply unless clean alternative fuel conversions are specifically listed
as subject to the standards.
    (1) If the vehicle/engine was certified with a Family Emission
Limit for NOX, NOX+HC, or particulate matter, as
noted on the vehicle/engine emission control information label, the
modified vehicle/engine may not exceed this Family Emission Limit.
    (2) Compliance with greenhouse gas emission standards is
demonstrated as follows:
    (i) Subject to the following exceptions and special provisions,
compliance with light-duty vehicle greenhouse gas emission standards is
demonstrated by complying with the N2O and CH4
standards and provisions set forth in 40 CFR 86.1818-12(f)(1) and the
in-use CO2 exhaust emission standard set forth in 40 CFR
86.1818-12(d) as determined by the OEM for the subconfiguration that is
identical to the fuel conversion emission data vehicle (EDV).
    (A) If the OEM complied with the light-duty greenhouse gas
standards using the fleet averaging option for N2O and
CH4, as allowed under 40 CFR 86.1818-12(f)(2), the
calculations of the carbon-related exhaust emissions require the input
of grams/mile values for N2O and CH4, and you are
not required to demonstrate compliance with the standalone
CH4 and N2O standards.
    (B) If the OEM complied with alternate standards for N2O
and/or CH4, as allowed under 40 CFR 86.1818-12(f)(3), you
may demonstrate compliance with the same alternate standards.
    (C) If the OEM complied with the nitrous oxide (N2O) and
methane (CH4) standards and provisions set forth in 40 CFR
86.1818-12(f)(1) or 86.1818-12(f)(3), and the fuel conversion
CO2 measured value is lower than the in-use CO2
exhaust emission standard, you also have the option to convert the
difference between the in-use CO2 exhaust emission standard
and the fuel conversion CO2 measured value into GHG
equivalents of CH4 and/or N2O, using 298 g
CO2 to represent 1 g N2O and 25 g CO2
to represent 1 g CH4. You may then subtract the applicable
converted values from the fuel conversion measured values of
CH4 and/or N2O to demonstrate compliance with the
CH4 and/or N2O standards.
    (ii) Compliance with heavy-duty engine greenhouse gas emission
standards is demonstrated by complying with the CO2,
N2O, and CH4 standards (or FELs, as applicable)
and provisions set forth in 40 CFR 1036.108 for the engine family that
is represented by the fuel conversion emission data engine (EDE). If
the fuel conversion CO2 measured value is lower than the
CO2 standard (or FEL, as applicable), you have the option to
convert the difference between the CO2 standard (or FEL, as
applicable) and the fuel conversion CO2 measured value into
GHG equivalents of CH4 and/or N2O, using 298 g/
hp-hr CO2 to represent 1 g/hp-hr N2O and 25 g/hp-
hr CO2 to represent 1 g/hp-hr CH4. You may then
subtract the applicable converted values from the fuel conversion
measured values of CH4 and/or N2O to demonstrate
compliance with the CH4 and/or N2O standards (or
FEL, as applicable).
    (3) Conversion systems for engines that would have qualified for
chassis certification at the time of OEM certification may use those
procedures, even if the OEM did not. Conversion manufacturers choosing
this option must designate test groups using the appropriate criteria
as described in this subpart and meet all vehicle chassis certification
requirements set forth in 40 CFR part 86, subpart S.
    (b) [Reserved]

Subpart P--[Amended]

0
3. Section 85.1511 is revised to read as follows:

Sec.  85.1511  Exemptions and exclusions.

    (a) Individuals, as well as certificate holders, shall be eligible
for importing vehicles into the United States under the provisions of
this section, unless otherwise specified.
    (b) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine entitled to a temporary exemption under
this paragraph (b) may be conditionally admitted into the United States
if prior written approval for such conditional admission is obtained
from the Administrator. Conditional admission shall be under bond. A
written request for approval from the Administrator shall contain the
identification required in Sec.  85.1504(a)(1) (except for Sec.
85.1504(a)(1)(v)) and information that indicates that the importer is
entitled to the exemption. Noncompliance with provisions of this
section may result in the forfeiture of the total amount of the bond or
exportation of the vehicle or engine. The following temporary
exemptions apply:
    (1) Exemption for repairs or alterations. Vehicles and engines may
qualify for a temporary exemption under the provisions of 40 CFR
1068.325(a). Such vehicles or engines may not be registered or licensed
in the United States for use on public roads and highways.
    (2) Testing exemption. Vehicles and engines may qualify for a
temporary exemption under the provisions of 40 CFR 1068.325(b). Test
vehicles or engines may be operated on and registered for use on public
roads or highways provided that the operation is an integral part of
the test.
    (3) Precertification exemption. Prototype vehicles for use in
applying to EPA for certification may be imported by independent
commercial importers subject to applicable provisions of Sec.  85.1706
and the following requirements:
    (i) No more than one prototype vehicle for each engine family for
which an independent commercial importer is seeking certification shall
be imported by each independent commercial importer.
    (ii) Unless a certificate of conformity is issued for the prototype
vehicle, the total amount of the bond shall be forfeited or the vehicle
must be exported within 180 days from the date of entry.
    (4) Display exemptions. Vehicles and engines may qualify for a
temporary exemption under the provisions of 40 CFR 1068.325(c). Display
vehicles or engines may not be registered or licensed for use or
operated on public roads or highways in the United States, unless an
applicable certificate of conformity has been received.
    (c) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine may be finally admitted into the United
States under this paragraph (c) if prior written approval for such
final admission is obtained from the Administrator. Conditional
admission of these vehicles is not permitted for the purpose of
obtaining written approval from the Administrator. A request for
approval shall contain the identification information required in Sec.
85.1504(a)(1) (except for Sec.  85.1504(a)(1)(v)) and information that
indicates that the importer is entitled to the exemption or exclusion.
The following exemptions or exclusions apply:
    (1) National security exemption. Vehicles may be imported under the
national security exemption found at 40 CFR 1068.315(a). Only persons
who are manufacturers may import a vehicle under a national security
exemption.
    (2) Hardship exemption. The Administrator may exempt on a case-by-
case basis certain motor vehicles from Federal emission requirements to
accommodate unforeseen cases of extreme hardship or extraordinary

circumstances. Some examples are as follows:
    (i) Handicapped individuals who need a special vehicle unavailable
in a certified configuration;
    (ii) Individuals who purchase a vehicle in a foreign country where
resale is prohibited upon the departure of such an individual;
    (iii) Individuals emigrating from a foreign country to the U.S. in
circumstances of severe hardship.
    (d) Foreign diplomatic and military personnel may import
nonconforming vehicles without bond. At the time of admission, the
importer shall submit to the Administrator the written report required
in Sec.  85.1504(a)(1) (except for information required by Sec.
85.1504(a)(1)(v)). Such vehicles may not be sold in the United States.
    (e) Racing vehicles may be imported by any person provided the
vehicles meet one or more of the exclusion criteria specified in Sec.
85.1703. Racing vehicles may not be registered or licensed for use on
or operated on public roads and highways in the United States.
    (f) The following exclusions and exemptions apply based on date of
original manufacture:
    (1) Notwithstanding any other requirements of this subpart, the
following motor vehicles or motor vehicle engines are excluded from the
requirements of the Act in accordance with section 216(3) of the Act
and may be imported by any person:
    (i) Gasoline-fueled light-duty vehicles and light-duty trucks
originally manufactured prior to January 1, 1968.
    (ii) Diesel-fueled light-duty vehicles originally manufactured
prior to January 1, 1975.
    (iii) Diesel-fueled light-duty trucks originally manufactured prior
to January 1, 1976.
    (iv) Motorcycles originally manufactured prior to January 1, 1978.
    (v) Gasoline-fueled and diesel-fueled heavy-duty engines originally
manufactured prior to January 1, 1970.
    (2) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine not subject to an exclusion under
paragraph (f)(1) of this section but greater than twenty OP years old
is entitled to an exemption from the requirements of the Act, provided
that it is imported into the United States by a certificate holder. At
the time of admission, the certificate holder shall submit to the
Administrator the written report required in Sec.  85.1504(a)(1)
(except for information required by Sec.  85.1504(a)(1)(v)).
    (g) Applications for exemptions and exclusions provided for in
paragraphs (b) and (c) of this section shall be mailed to the
Designated Compliance Officer (see 40 CFR 1068.30).
    (h) Vehicles conditionally or finally admitted under this section
must still comply with all applicable requirements, if any, of the
Energy Tax Act of 1978, the Energy Policy and Conservation Act and any
other Federal or state requirements.

Subpart R--[Amended]

0
4. Section 85.1701 is revised to read as follows:

Sec.  85.1701  General applicability.

    (a) The provisions of this subpart regarding exemptions are
applicable to new and in-use motor vehicles and motor vehicle engines,
except as follows:
    (1) Beginning January 1, 2014, the exemption provisions of 40 CFR
part 1068, subpart C, apply for heavy-duty motor vehicles and engines,
except that the competition exemption of 40 CFR 1068.235 and the
hardship exemption provisions of 40 CFR 1068.245, 1068.250, and
1068.255 do not apply for motor vehicle engines.
    (2) Prior to January 1, 2014, the provisions of Sec. Sec.  85.1706
through 85.1709 apply for heavy-duty motor vehicle engines.
    (b) The provisions of this subpart regarding exclusion are
applicable after the effective date of these regulations.
    (c) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty
vehicles under the provisions of 40 CFR part 86, subpart S.
    (d) In a given model year, manufacturers of motor vehicles and
motor vehicle engines may ask us to approve the use of administrative
or compliance procedures specified in 40 CFR part 1068 instead of the
comparable procedures that apply for vehicles or engines certified
under this part or 40 CFR part 86.

Subpart T--[Amended]

0
5. Section 85.1901 is revised to read as follows:

Sec.  85.1901  Applicability.

    Except as specified in this section, the requirements of this
subpart shall be applicable to all 1972 and later model year vehicles
and engines. The requirement to report emission-related defects
affecting a given class or category of vehicles or engines shall remain
applicable for five years from the end of the model year in which such
vehicles or engines were manufactured. Manufacturers of heavy-duty
motor vehicle engines may comply with the defect reporting requirements
of 40 CFR 1068.501 instead of the requirements of this subpart.

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

0
6. The authority citation for part 86 continues to read as follows:

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

0
7. Section 86.1 is amended by adding paragraphs (b)(2)(xli) and
(b)(2)(xlii) and removing and reserving paragraph (b)(4)(i)(A) to read
as follows:

Sec.  86.1  Reference materials.

* * * * *
    (b) * * *
    (2) * * *
    (xli) SAE J1711, Recommended Practice for Measuring the Exhaust
Emissions and Fuel Economy of Hybrid-Electric Vehicles, Including Plug-
In Hybrid Vehicles, June 2010, IBR approved for Sec.  86.1811-04(n).
    (xlii) SAE J1634, Electric Vehicle Energy Consumption and Range
Test Procedure, Cancelled October 2002, IBR approved for Sec.  86.1811-
04(n).
* * * * *
    (4) * * *
    (i) * * *
    (A) [Reserved]
* * * * *

Subpart A--[Amended]

0
8. Section 86.010-18 is amended by adding paragraphs (j)(1)(ii)(E) and
(q) to read as follows:

Sec.  86.010-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

* * * * *
    (j) * * *
    (1) * * *
    (ii) * * *
    (E) For hybrid engine families with projected U.S.-directed
production volume of less than 5,000 engines, the manufacturers are
only required to test one engine-hybrid combination per family.
* * * * *
    (q) Optional phase-in for hybrid vehicles. This paragraph (q)
applies for model year 2013 through 2015 engines when used with hybrid
powertrain systems. It also applies for model year 2016 engines used
with hybrid powertrain systems that were offered for

sale prior to January 1, 2013, as specified in paragraph (q)(4) of this
section. Manufacturers choosing to use the provisions of this paragraph
(q) must submit an annual pre-compliance report to EPA for model years
2013 and later, as specified in paragraph (q)(5) of this section. Note
that all hybrid powertrain systems must be fully compliant with the OBD
requirements of this section no later than model year 2017.
    (1) If an engine-hybrid system has been certified by the California
Air Resources Board with respect to its OBD requirements and it
effectively meets the full OBD requirements of this section, all
equivalent systems must meet those same requirements and may not be
certified under this paragraph (q). For purposes of this paragraph
(q)(1), an engine-hybrid system is considered to be equivalent to the
certified system if it uses the same basic design (e.g. displacement)
for the engine and primary hybrid components (see paragraph (q)(4) of
this section). Equivalent systems may have minor hardware or
calibration differences.
    (2) As of 2013, if an engine-hybrid system has not been certified
to meet the full OBD requirements of this section, it must comply with
the following requirements:
    (i) The engine in its installed configuration must meet the EMD and
EMD+ requirements in 13 CCR Sec.  1971.1(d)(7.1.4) of the California
Code of Regulations. For purposes of this paragraph (q), a given EMD
requirement is deemed to be met if the engine's OBD system addresses
the same function. This allowance does not apply for OBD monitors or
diagnostics that have been modified under paragraph (q)(2)(ii) of this
section.
    (ii) The engine-hybrid system must maintain existing OBD capability
for engines where the same or equivalent engine has been OBD certified.
An equivalent engine is one produced by the same engine manufacturer
with the same fundamental design, but that may have hardware or
calibration differences that do not impact OBD functionality, such as
slightly different displacement, rated power, or fuel system. (Note
that engines with the same fundamental design will be presumed to be
equivalent unless the manufacturer demonstrates that the differences
effectively preclude applying equivalent OBD systems.) Though the OBD
capability must be maintained, it does not have to meet detection
thresholds (as described in Tables 1 and 2 of this section) and in-use
performance frequency requirements (as described in paragraph (d) of
this section). A manufacturer may modify detection thresholds to
prevent false detection, and must indicate all deviations from the
originally certified package with engineering justification in the
certification documentation.
    (iii) This paragraph (q)(2)(iii) applies for derivatives of hybrid
powertrain system designs that were offered for sale prior to January
1, 2013. Until these systems achieve full OBD certification, they must
at a minimum maintain all fault-detection and diagnostic capability
included on similar systems offered for sale prior to 2013.
Manufacturers choosing to use the provisions of this paragraph (q)(2)
must keep copies of the service manuals (and similar documents) for
these previous model years to show the technical description of the
system's fault detection and diagnostic capabilities.
    (iv) You must submit an annual pre-compliance report to EPA for
model years 2013 and later, as specified in paragraph (q)(5) of this
section.
    (3) Engine-hybrid systems may be certified to the requirements of
paragraph (q)(2) of this section by the engine manufacturer, the hybrid
system manufacturer, or the vehicle manufacturer. If engine
manufacturers certify the engine hybrid system, they must provide
detailed installation instructions. Where the engine manufacturer does
not specifically certify its engines for use in hybrid vehicles under
this paragraph (q), the hybrid system manufacturer and vehicle
manufacturer must install the engine to conform to the requirements of
this section (i.e., full OBD) or recertify under paragraph (q)(2) of
this section.
    (4) The provisions of this paragraph (q) apply for model year 2016
engines where you demonstrate that the hybrid powertrain system used is
a derivative of a design that was offered for sale prior to January 1,
2013. In this case, you may ask us to consider the original system and
the later system to be the same model for purposes of this paragraph
(q), unless the systems are fundamentally different. In determining
whether such systems are derivative or fundamentally different, we will
consider factors such as the similarity of the following:
    (i) Transmissions.
    (ii) Hybrid machines (where ``hybrid machine'' means any system
that is the part of a hybrid vehicle system that captures energy from
and returns energy to the powertrain).
    (iii) Hybrid architecture (such as parallel or series).
    (iv) Motor/generator size, controller/CPU (memory or inputs/
outputs), control algorithm, and batteries. This paragraph (q)(4)(iv)
applies only if all of these are modified simultaneously.
    (5) Manufacturers choosing to use the provisions of this paragraph
(q) must submit an annual pre-compliance report to EPA for model years
2013 and later. Engine manufacturers must submit this report with their
engine certification information. Hybrid manufacturers that are not
certifying the engine-hybrid system must submit their report by June 1
of the model year, or at the time of certification if they choose to
certify. Include the following in the report:
    (i) A description of the manufacturer's product plans and of the
engine-hybrid systems being certified.
    (ii) A description of activities undertaken and progress made by
the manufacturer towards achieving full OBD certification, including
monitoring, diagnostics, and standardization.
    (iii) For model year 2016 engines, a description of your basis for
applying the provision of this paragraph (q) to the engines.

0
9. A new Sec.  86.012-2 is added to subpart A to read as follows:

Sec.  86.012-2  Definitions.

    The definitions of Sec.  86.010-2 continue to apply to model year
2010 and later model year vehicles. The definitions listed in this
section apply beginning with model year 2012. Urban bus means a
passenger-carrying vehicle with a load capacity of fifteen or more
passengers and intended primarily for intracity operation, i.e., within
the confines of a city or greater metropolitan area. Urban bus
operation is characterized by short rides and frequent stops. To
facilitate this type of operation, more than one set of quick-operating
entrance and exit doors would normally be installed. Since fares are
usually paid in cash or tokens, rather than purchased in advance in the
form of tickets, urban buses would normally have equipment installed
for collection of fares. Urban buses are also typically characterized
by the absence of equipment and facilities for long distance travel,
e.g., rest rooms, large luggage compartments, and facilities for
stowing carry-on luggage.

0
10. A new Sec.  86.016-1 is added to subpart A to read as follows:

Sec.  86.016-1  General applicability.

    (a) Applicability. The provisions of this subpart generally apply
to 2005 and later model year new Otto-cycle heavy-duty engines used in
incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and
later model year new diesel-cycle heavy-duty engines. In cases where a
provision

applies only to a certain vehicle group based on its model year,
vehicle class, motor fuel, engine type, or other distinguishing
characteristics, the limited applicability is cited in the appropriate
section or paragraph. The provisions of this subpart continue to
generally apply to 2000 and earlier model year new Otto-cycle and
diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty trucks, and 2004 and earlier model
year new Otto-cycle complete heavy-duty vehicles at or below 14,000
pounds GVWR. Provisions generally applicable to 2001 and later model
year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and
later model year new Otto-cycle and diesel-cycle light-duty trucks, and
2005 and later model year Otto-cycle complete heavy-duty vehicles at or
below 14,000 pounds GVWR are located in subpart S of this part.
    (b) Optional applicability. A manufacturer may request to certify
any incomplete Otto-cycle heavy-duty vehicle of 14,000 pounds Gross
Vehicle Weight Rating or less in accordance with the provisions for
Otto-cycle complete heavy-duty vehicles located in subpart S of this
part. Heavy-duty engine or heavy-duty vehicle provisions of this
subpart A do not apply to such a vehicle.
    (c) Otto-cycle heavy-duty engines and vehicles. The following
requirements apply to Otto-cycle heavy-duty engines and vehicles:
    (1) Exhaust emission standards according to the provisions of Sec.
86.008-10 or Sec.  86.1816, as applicable.
    (2) On-board diagnostics requirements according to the provisions
of Sec.  86.007-17 or Sec.  86.1806, as applicable.
    (3) Evaporative emission standards as follows:
    (i) Evaporative emission standards for complete vehicles according
to the provisions of Sec. Sec.  86.1810 and 86.1816.
    (ii) For 2013 and earlier model years, evaporative emission
standards for incomplete vehicles according to the provisions of Sec.
86.008-10, or Sec. Sec.  86.1810 and 86.1816, as applicable.
    (iii) For 2014 and later model years, evaporative emission
standards for incomplete vehicles according to the provisions of
Sec. Sec.  86.1810 and 86.1816, or 40 CFR part 1037, as applicable.
    (4) Refueling emission requirements for Otto-cycle complete
vehicles according to the provisions of Sec. Sec.  86.1810 and 86.1816.
    (d) Non-petroleum fueled vehicles. The standards and requirements
of this part apply to model year 2016 and later non-petroleum fueled
motor vehicles as follows:
    (1) The standards and requirements of this part apply as specified
for vehicles fueled with methanol, natural gas, and LPG.
    (2) The standards and requirements of subpart S of this part apply
as specified for light-duty vehicles and light-duty trucks.
    (3) The standards and requirements of this part applicable to
methanol-fueled heavy-duty vehicles and engines (including flexible
fuel vehicles and engines) apply to heavy-duty vehicles and engines
fueled with any oxygenated fuel (including flexible fuel vehicles and
engines). Most significantly, this means that the hydrocarbon standards
apply as NMHCE and the vehicles and engines must be tested using the
applicable oxygenated fuel according to the test procedures in 40 CFR
part 1065 applicable for oxygenated fuels. For purposes of this
paragraph (d), oxygenated fuel means any fuel containing at least 50
volume percent oxygenated compounds. For example, a fuel mixture of 85
gallons of ethanol and 15 gallons of gasoline is an oxygenated fuel,
while a fuel mixture of 15 gallons of ethanol and 85 gallons of
gasoline is not an oxygenated fuel.
    (4) The standards and requirements of subpart S of this part
applicable to heavy-duty vehicles under 14,000 pounds GVWR apply to all
heavy-duty vehicles powered solely by electricity, including plug-in
electric vehicles and solar-powered vehicles. Use good engineering
judgment to apply these requirements to these vehicles, including
applying these provisions to vehicles over 14,000 pounds GVWR. Electric
heavy-duty vehicles may not generate NOX or PM emission
credits. Heavy-duty vehicles powered solely by electricity are deemed
to have zero emissions of regulated pollutants.
    (5) The standards and requirements of this part applicable to
diesel-fueled heavy-duty vehicles and engines apply to all other heavy-
duty vehicles and engines not otherwise addressed in this paragraph
(d).
    (6) See 40 CFR parts 1036 and 1037 for requirements related to
greenhouse gas emissions.
    (7) Manufacturers may voluntarily certify to the standards of
paragraphs (d)(3) through (5) of this section before model year 2016.
Note that other provisions in this part require compliance with the
standards described in paragraphs (d)(1) and (2) of this section for
model years before 2016.
    (e) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected combined U.S. sales
of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and
heavy-duty engines in its product line (including all vehicles and
engines imported under the provisions of 40 CFR 85.1505 and 85.1509)
are fewer than 10,000 units for the model year in which the
manufacturer seeks certification. To certify its product line under
these optional procedures, the small-volume manufacturer must first
obtain the Administrator's approval. The manufacturer must meet the
eligibility criteria specified in Sec.  86.098-14(b) before the
Administrator's approval will be granted. The small-volume
manufacturer's certification procedures are described in Sec.  86.098-
14.
    (f) Optional procedures for determining exhaust opacity. (1) The
provisions of subpart I of this part apply to tests which are performed
by the Administrator, and optionally, by the manufacturer.
    (2) Measurement procedures, other than those described in subpart I
of this part, may be used by the manufacturer provided the manufacturer
satisfies the requirements of Sec.  86.007-23(f).
    (3) When a manufacturer chooses to use an alternative measurement
procedure, it has the responsibility to determine whether the results
obtained by the procedure will correlate with the results which would
be obtained from the measurement procedure in subpart I of this part.
Consequently, the Administrator will not routinely approve or
disapprove any alternative opacity measurement procedure or any
associated correlation data which the manufacturer elects to use to
satisfy the data requirements for subpart I of this part.
    (4) If a confirmatory test is performed and the results indicate
there is a systematic problem suggesting that the data generated under
an optional alternative measurement procedure do not adequately
correlate with data obtained in accordance with the procedures
described in subpart I of this part, EPA may require that all
certificates of conformity not already issued be based on data obtained
from procedures described in subpart I of this part.

0
11. Section 86.090-2 is amended by revising the definition of ``primary
intended service class'' to read as follows:

Sec.  86.090-2  Definitions.

* * * * *
    Primary intended service class has the meaning given in 40 CFR
1036.140.
* * * * *

Subpart B--[Amended]

0
12. Section 86.144-94 is amended by adding paragraphs (b)(11) and
(c)(10) to read as follows:

Sec.  86.144-94  Calculations; exhaust emissions.

* * * * *
    (b) * * *
    (11) Nitrous Oxide Mass: Vmix x DensityN2O x
(N2Oconc/1,000,000)
    (c) * * *
    (10)(i) N2Omass = Nitrous oxide emissions, in
grams per test phase.
    (ii) DensityN2O = Density of nitrous oxide is 51.81 g/
ft\3\ (1.83 kg/m\3\), at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3kPa)
pressure.
    (iii)(A) N2Oconc = Nitrous oxide
concentration of the dilute exhaust sample corrected for background, in
ppm.
    (B) N2Oconc = N2Oe -
N2Od(1 - (1/DF)).

Where:

N2Oe = Nitrous oxide concentration of the
dilute exhaust sample as measured, in ppm.
N2Od = Nitrous oxide concentration of the
dilution air as measured, in ppm.
* * * * *

Subpart F--[Amended]

0
13. Section 86.544-90 is amended by adding paragraphs (b)(8) and (c)(8)
to read as follows:

Sec.  86.544-90  Calculations; exhaust emissions.

* * * * *
    (b) * * *
    (8) Nitrous Oxide Mass: Vmix x DensityN2O x
(N2Oconc/1,000,000)
    (c) * * *
    (8)(i) N2Omass = Nitrous oxide emissions, in
grams per test phase.
    (ii) Density N2O = Density of nitrous oxide is 51.81 g/ft\3\ (1.83
kg/m\3\), at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3kPa) pressure.
    (iii)(A) N2Oconc = Nitrous oxide
concentration of the dilute exhaust sample corrected for background, in
ppm.
    (B) N2Oconc = N2Oe-
N2Od(1-(1/DF)).

Where:

N2Oe = Nitrous oxide concentration of the
dilute exhaust sample as measured, in ppm.
N2Od = Nitrous oxide concentration of the
dilution air as measured, in ppm.
* * * * *

Subpart N--[Amended]

0
14. Section 86.1305-2010 is amended by revising paragraph (b) to read
as follows:

Sec.  86.1305-2010  Introduction; structure of subpart.

* * * * *
    (b) Use the applicable equipment and procedures for spark-ignition
or compression-ignition engines in 40 CFR part 1065 to determine
whether engines meet the duty-cycle emission standards in subpart A of
this part. Measure the emissions of all regulated pollutants as
specified in 40 CFR part 1065. Use the duty cycles and procedures
specified in Sec. Sec.  86.1333-2010, 86.1360-2007, and 86.1362-2010.
Adjust emission results from engines using aftertreatment technology
with infrequent regeneration events as described in Sec.  86.004-28.
* * * * *

Subpart S--[Amended]

Sec.  86.1806-01--[Amended]

0
15. Section 86.1806-01 is amended by removing and reserving paragraph
(b)(8)(ii).

Sec.  86.1806-05--[Amended]

0
16. Section 86.1806-05 is amended by removing and reserving paragraph
(b)(8)(ii).

0
17. Section 86.1811-04 is amended by revising paragraph (n) to read as
follows:

Sec.  86.1811-04  Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.

* * * * *
    (n) Hybrid electric vehicle (HEV) and Zero Emission Vehicle (ZEV)
requirements. For FTP and SFTP exhaust emissions, manufacturers must
measure emissions from all HEVs and ZEVs according to the procedures
specified in SAE J1711 and SAE J1634, respectively (incorporated by
reference in Sec.  86.1).
* * * * *

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

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

* * * * *
    (f) Nitrous oxide (N2O) and methane (CH4)
exhaust emission standards for passenger automobiles and light trucks.
Each manufacturer's fleet of combined passenger automobile and light
trucks must comply with N2O and CH4 standards
using either the provisions of paragraph (f)(1), (f)(2), or (f)(3) of
this section. Except with prior EPA approval, a manufacturer may not
use the provisions of both paragraphs (f)(1) and (2) of this section in
a model year. For example, a manufacturer may not use the provisions of
paragraph (f)(1) of this section for their passenger automobile fleet
and the provisions of paragraph (f)(2) of this section for their light
truck fleet in the same model year. The manufacturer may use the
provisions of both paragraphs (f)(1) and (3) of this section in a model
year. For example, a manufacturer may meet the N2O standard
in paragraph (f)(1)(i) of this section and an alternative
CH4 standard determined under paragraph (f)(3) of this
section in the same model year. Use of the provisions in paragraph
(f)(3) of this section is limited to the 2012 through 2016 model years.
    (1) Standards applicable to each test group. (i) Exhaust emissions
of nitrous oxide (N2O) shall not exceed 0.010 grams per mile
at full useful life, as measured according to the Federal Test
Procedure (FTP) described in subpart B of this part. Manufacturers may
optionally determine an alternative N2O standard under
paragraph (f)(3) of this section. (ii) Exhaust emissions of methane
(CH4) shall not exceed 0.030 grams per mile at full useful
life, as measured according to the Federal Test Procedure (FTP)
described in subpart B of this part. Manufacturers may optionally
determine an alternative CH4 standard under paragraph (f)(3)
of this section.
    (2) Include N 2O and CH4 in fleet averaging
program. Manufacturers may elect to not meet the emission standards in
paragraph (f)(1) of this section. Manufacturers making this election
shall include N2O and CH4 emissions in the
determination of their fleet average carbon-related exhaust emissions,
as calculated in 40 CFR part 600, subpart F. Manufacturers using this
option must include both N2O and CH4 full useful
life values in the fleet average calculations for passenger automobiles
and light trucks. Use of this option will account for N2O
and CH4 emissions within the carbon-related exhaust emission
value determined for each model type according to the provisions of 40
CFR part 600. This option requires the determination of full useful
life emission values for both the Federal Test Procedure and the
Highway Fuel Economy Test. Manufacturers selecting this option are not
required to demonstrate compliance with the standards in paragraph
(f)(1) of this section.
    (3) Optional use of alternative N2O and/or
CH4 standards. Manufacturers may select an alternative
standard applicable to a test group, for either N2O,
CH4, or both. For example, a manufacturer may choose to meet
the N2O standard in paragraph (f)(1)(i) of this section and
an alternative CH4

standard in lieu of the standard in paragraph (f)(1)(ii) of this
section. The alternative standard for each pollutant must be greater
than the applicable exhaust emission standard specified in paragraph
(f)(1) of this section. Alternative N2O and CH4
standards apply to emissions measured according to the Federal Test
Procedure (FTP) described in Subpart B of this part for the full useful
life, and become the applicable certification and in-use emission
standard(s) for the test group. Manufacturers using an alternative
standard for N2O and/or CH4 must calculate
emission debits according to the provisions of paragraph (f)(4) of this
section for each test group/alternative standard combination. Debits
must be included in the calculation of total credits or debits
generated in a model year as required under Sec.  86.1865-12(k)(5). For
flexible fuel vehicles (or other vehicles certified for multiple fuels)
you must meet these alternative standards when tested on any applicable
test fuel type.
    (4) CO2-equivalent debits. CO2-equivalent
debits for test groups using an alternative N2Oand/or
CH4 standard as determined under paragraph (f)(3) of this
section shall be calculated according to the following equation and
rounded to the nearest megagram:
    Debits = [GWP x (Production) x (AltStd--Std) x VLM]/1,000,000

Where:

Debits = N2O or CH4 CO2-equivalent
debits for a test group using an alternative N2O or
CH4 standard;
GWP = 25 if calculating CH4 debits and 298 if calculating
N2O debits;
Production = The number of vehicles of that test group domestically
produced plus those imported as defined in Sec.  600.511 of this
chapter;
AltStd = The alternative standard (N2O or CH4)
selected by the manufacturer under paragraph (f)(3) of this section;
Std = The exhaust emission standard for N2O or
CH4 specified in paragraph (f)(1) of this section; and
VLM = 195,264 for passenger automobiles and 225,865 for light
trucks.

0
19. Section 86.1823-08 is amended by revising paragraph (m) to read as
follows:

Sec.  86.1823-08  Durability demonstration procedures for exhaust
emissions.

* * * * *
    (m) Durability demonstration procedures for vehicles subject to the
greenhouse gas exhaust emission standards specified in Sec.  86.1818.
(1) CO2. (i) Unless otherwise specified under paragraph
(m)(1)(ii) of this section, manufacturers may use a multiplicative
CO2 deterioration factor of one or an additive deterioration
factor of zero to determine full useful life emissions for the FTP and
HFET tests.
    (ii) Based on an analysis of industry-wide data, EPA may
periodically establish and/or update the deterioration factor for
CO2 emissions, including air conditioning and other credit-
related emissions. Deterioration factors established and/or updated
under this paragraph (m)(1)(ii) will provide adequate lead time for
manufacturers to plan for the change.
    (iii) Alternatively, manufacturers may use the whole-vehicle
mileage accumulation procedures in Sec.  86.1823-08 (c) or (d)(1) to
determine CO2 deterioration factors. In this case, each FTP
test performed on the durability data vehicle selected under Sec.
86.1822 must also be accompanied by an HFET test, and combined FTP/HFET
CO2 results determined by averaging the city (FTP) and
highway (HFET) CO2 values, weighted 0.55 and 0.45
respectively. The deterioration factor will be determined for this
combined CO2 value. Calculated multiplicative deterioration
factors that are less than one shall be set to equal one, and
calculated additive deterioration factors that are less than zero shall
be set to zero.
    (iv) If, in the good engineering judgment of the manufacturer, the
deterioration factors determined according to paragraphs (m)(1)(i),
(m)(1)(ii), or (m)(1)(iii) of this section do not adequately account
for the expected CO2 emission deterioration over the
vehicle's useful life, the manufacturer may petition EPA to request a
more appropriate deterioration factor.
    (2) N2O and CH4. (i) For manufacturers
complying with the FTP emission standards for N2O and
CH4 specified in Sec.  86.1818-12(f)(1) or determined under
Sec.  86.1818-12(f)(3), FTP-based deterioration factors for
N2O and CH4 shall be determined according to the
provisions of paragraphs (a) through (l) of this section.
    (ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec.  86.1818-
12(f)(2), deterioration factors based on FTP testing shall be
determined and may be used to determine full useful life emissions for
the FTP and HFET tests. The manufacturer may at its option determine
separate deterioration factors for the FTP and HFET test cycles, in
which case each FTP test performed on the durability data vehicle
selected under Sec.  86.1822 of this part must also be accompanied by
an HFET test.
    (iii) For the 2012 through 2014 model years only, manufacturers may
use alternative deterioration factors. For N2O, the
alternative deterioration factor to be used to adjust FTP and HFET
emissions is the deterioration factor determined for NOX
emissions according to the provisions of this section. For
CH4, the alternative deterioration factor to be used to
adjust FTP and HFET emissions is the deterioration factor determined
for NMOG or NMHC emissions according to the provisions of this section.
    (3) Other carbon-related exhaust emissions. FTP-based deterioration
factors shall be determined for carbon-related exhaust emissions
(CREE), hydrocarbons, and CO according to the provisions of paragraphs
(a) through (l) of this section. The FTP-based deterioration factor
shall be used to determine full useful life emissions for both the FTP
(city) and HFET (highway) test cycles. The manufacturer may at its
option determine separate deterioration factors for the FTP and HFET
test cycles, in which case each FTP test performed on the durability
data vehicle selected under Sec.  86.1822 must also be accompanied by
an HFET test. In lieu of determining emission-specific deterioration
factors for the specific hydrocarbons of CH3OH (methanol),
HCHO (formaldehyde), C2H5OH (ethanol), and
C2H4O (acetaldehyde) as may be required for some
alternative fuel vehicles, manufacturers may use the additive or
multiplicative deterioration factor determined for (or derived from,
using good engineering judgment) NMOG or NMHC emissions according to
the provisions of this section.
    (4) Air Conditioning leakage and efficiency or other emission
credit requirements to comply with exhaust CO2 standards.
Manufactures will attest to the durability of components and systems
used to meet the CO2 standards. Manufacturers may submit
engineering data to provide durability demonstration. Deterioration
factors do not apply to emission-related components and systems used to
generate air conditioning leakage and/or efficiency credits.

0
20. Section 86.1844-01 is amended by revising paragraph (d)(15) to read
as follows:

Sec.  86.1844-01  Information requirements: Application for
certification and submittal of information upon request.

* * * * *
    (d) * * *
    (15)(i) For HEVs and EVs, describe the recharging procedures and
methods for determining battery performance, such as state of charge
and charging capacity.
    (ii) For vehicles with fuel-fired heaters, include the information
specified in this paragraph (d)(15)(ii).

Describe the control system logic of the fuel-fired heater, including
an evaluation of the conditions under which it can be operated and an
evaluation of the possible operational modes and conditions under which
evaporative emissions can exist. Use good engineering judgment to
establish an estimated exhaust emission rate from the fuel-fired heater
in grams per mile. Describe the testing used to establish the exhaust
emission rate.
* * * * *

0
21. Section 86.1863-07 is revised to read as follows:

Sec.  86.1863-07  Chassis certification for diesel vehicles.

    (a) A manufacturer may optionally certify heavy-duty diesel
vehicles 14,000 pounds GVWR or less to the standards specified in Sec.
86.1816. Such vehicles must meet all the requirements of this subpart S
that are applicable to Otto-cycle vehicles, except for evaporative,
refueling, and OBD requirements where the diesel-specific OBD
requirements would apply.
    (b) For OBD, diesel vehicles optionally certified under this
section are subject to the OBD requirements of Sec.  86.1806.
    (c) Diesel vehicles certified under this section may be tested
using the test fuels, sampling systems, or analytical systems specified
for diesel engines in subpart N of this part or in 40 CFR part 1065.
    (d) Diesel vehicles optionally certified under this section to the
standards of this subpart may not be included in any averaging,
banking, or trading program for criteria emissions under this part.
    (e) The provisions of Sec.  86.004-40 apply to the engines in
vehicles certified under this section.
    (f) Diesel vehicles may be certified under this section to the
standards applicable to model year 2008 in earlier model years.
    (g) Diesel vehicles optionally certified under this section in
model years 2007, 2008, or 2009 shall be included in phase-in
calculations specified in Sec.  86.007-11(g).
    (h) Diesel vehicles subject to the standards of 40 CFR 1037.104 are
subject to the provisions of this subpart as specified in 40 CFR
1037.104.
    (i) Non-petroleum fueled complete vehicles subject to the standards
and requirements of this part under Sec.  86.016-01(d)(5) are subject
to the provisions of this section applicable to diesel-fueled heavy-
duty vehicles.

0
22. Section 86.1865-12 is amended by adding paragraph (k)(5)(iv) and by
revising paragraphs (l)(1)(ii)(F) and (l)(2)(i) to read as follows:

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

* * * * *
    (k) * * *
    (5) * * *
    (iv) N2O and/or CH4 CO2-equivalent
debits accumulated according to the provisions of Sec.  86.1818-
12(f)(4).
* * * * *
    (l) * * *
    (1) * * *
    (ii) * * *
    (F) Carbon-related exhaust emission standard, N2O
emission standard, and CH4 emission standard to which the
passenger car or light truck is certified.
* * * * *
    (2) * * *
    (i) Each manufacturer must submit an annual report. The annual
report must contain for each applicable CO2 standard, the
calculated fleet average CO2 value, all values required to
calculate the CO2 emissions value, the number of credits
generated or debits incurred, all the values required to calculate the
credits or debits, and the resulting balance of credits or debits. For
each applicable alternative N2O and/or CH4
standard selected under the provisions of Sec.  86.1818-12(f)(3), the
report must contain the N2O and/or CH4
CO2-equivalent debits calculated according to Sec.  86.1818-
12(f)(4) for each test group and all values required to calculate the
number of debits incurred.
* * * * *

PART 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF
MOTOR VEHICLES

0
23. The authority citation for part 600 continues to read as follows:

    Authority: 49 U.S.C. 32901--23919q, Pub. L. 109-58.

Subpart A--[Amended]

0
24. Section 600.011 is amended by revising paragraph (c)(3) to read as
follows:

Sec.  600.011  Incorporation by reference.

* * * * *
    (c) * * *
    (3) SAE J1711, Recommended Practice for Measuring the Exhaust
Emissions and Fuel Economy of Hybrid-Electric Vehicles, Including Plug-
In Hybrid Vehicles, June 2010, IBR approved for Sec. Sec.  600.114-
12(c) and (f), 600.116-12(b), and 600.311-12(d), (j), and (k).
* * * * *

Subpart B--[Amended]

0
25. Section 600.114-12 is amended by revising the introductory text of
paragraph (c), paragraph (e)(2)(ii), and the introductory text of
paragraph (f), to read as follows:

Sec.  600.114-12  Vehicle-specific 5-cycle fuel economy and carbon-
related exhaust emission calculations.

* * * * *
    (c) Fuel economy calculations for hybrid electric vehicles. Test
hybrid electric vehicles as described in SAE J1711 (incorporated by
reference in Sec.  600.011). For FTP testing, this generally involves
emission sampling over four phases (bags) of the UDDS (cold-start,
transient, warm-start, transient); however, these four phases may be
combined into two phases (phases 1 + 2 and phases 3 + 4). Calculations
for these sampling methods follow:
* * * * *
    (e) * * *
    (2) * * *
    (ii) Determine the 5-cycle highway carbon-related exhaust emissions
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR15SE11.064

Where:
[GRAPHIC] [TIFF OMITTED] TR15SE11.065

Start CREE75 = 3.6 x (Bag 1CREE75 - Bag
3CREE75)
Running CREE = 1.007 x [(0.79 x US06 Highway CREE) + (0.21 x HFET
CREE)] + [0.377 x 0.133 x ((0.00540 x A) + (0.1357 x US06 CREE))]
* * * * *
    (f) CO2 and carbon-related exhaust emissions
calculations for hybrid electric vehicles. Test hybrid electric
vehicles as described in SAE J1711 (incorporated by reference in Sec.
600.011). For FTP testing, this generally involves emission sampling
over four phases (bags) of the UDDS (cold-start, transient, warm-start,
transient); however, these four phases may be combined into two phases
(phases 1 + 2 and phases 3 + 4). Calculations for these sampling
methods follow:
* * * * *
0
26. Section 600.115-11 is amended by revising the introductory text to
read as follows:

Sec.  600.115-11  Criteria for determining the fuel economy label
calculation method.

    This section provides the criteria to determine if the derived 5-
cycle method for determining fuel economy label values, as specified in
Sec.  600.210-08(a)(2) or (b)(2) or Sec.  600.210-12(a)(2) or (b)(2),
as applicable, may be used to determine label values. Separate criteria
apply to city and highway fuel economy for each test group. The
provisions of this section are optional. If this option is not chosen,
or if the criteria provided in this section are not met, fuel economy
label values must be determined according to the vehicle-specific 5-
cycle method specified in Sec.  600.210-08(a)(1) or (b)(1) or Sec.
600.210-12(a)(1) or (b)(1), as applicable. However, dedicated
alternative-fuel vehicles, dual fuel vehicles when operating on the
alternative fuel, plug-in hybrid electric vehicles while operating in
charge-depleting mode, MDPVs, and vehicles imported by Independent
Commercial Importers may use the derived 5-cycle method for determining
fuel economy label values whether or not the criteria provided in this
section are met. Manufacturers may alternatively account for this
effect by multiplying 2-cycle fuel economy values by 0.7 and dividing
2-cycle CO2 emission values by 0.7.
* * * * *

0
27. Section 600.116-12 is amended by adding paragraph (a)(6) and
revising the equation for UFi in paragraph (b)(4) to read as
follows:

Sec.  600.116-12  Special procedures related to electric vehicles and
plug-in hybrid electric vehicles.

    (a) * * *
    (6) All label values related to fuel economy, energy consumption,
and range must be based on 5-cycle testing or on values adjusted to be
equivalent to 5-cycle results.
    (b) * * *
    (4) * * *
    [GRAPHIC] [TIFF OMITTED] TR15SE11.066

* * * * *

Subpart C--[Amended]

0
28. Section 600.210-12 is amended by revising paragraph (d)(3)(ii) to
read as follows:

Sec.  600.210-12  Calculation of fuel economy and CO2
emission values for labeling.

* * * * *
    (d) * * *
    (3) * * *
    (ii) Multiply 2-cycle fuel economy values by 0.7 and divide 2-cycle
CO2 emission values by 0.7.
* * * * *

Subpart D--[Amended]

0
29. Section 600.302-12 is amended by revising paragraph (e)(4) to read
as follows:

Sec.  600.302-12  Fuel economy label--general provisions.

    (e) * * *
    (4) Insert a slider bar in the right portion of the field to
characterize the vehicle's level of emission control for ozone-related
air pollutants relative to that of all vehicles. Position a box with a
downward-pointing wedge above the slider bar positioned to show where
that vehicle's emission rating falls relative to the total range.
Include the vehicle's emission rating (as described in Sec.  600.311)
inside the box. Include the number 1 in the border at the left end of
the slider bar; include the number 10 in the border at the right end of
the slider bar and add the term ``Best'' below the slider bar, directly
under the number. EPA will periodically calculate and publish updated
range values as described in Sec.  600.311. Add color to the slider bar
such that it is blue at the left end of the range, white at the right
end of the range, and shaded continuously across the range.
* * * * *
0
30. Section 600.311-12 is amended by revising paragraph (f) to read as
follows:

Sec.  600.311-12  Determination of values for fuel economy labels.

* * * * *
    (f) Fuel savings. Calculate an estimated five-year cost increment
relative to an average vehicle by multiplying the annual fuel cost from
paragraph (e) of this section by 5 and subtracting this value from the
average five-year fuel cost. We will calculate the average five-year
fuel cost from the annual fuel cost equation in paragraph (e) of this
section based on a gasoline-fueled vehicle with a mean fuel economy
value, consistent with the value dividing the 5 and 6 ratings under
paragraph (d) of this section. The average five-year fuel cost for
model year 2012 is $12,600 for a 22-mpg vehicle that drives 15,000
miles per year with gasoline priced at $3.70 per gallon. We may
periodically update this five year reference fuel cost for later model
years to better characterize the fuel economy for an average vehicle.
Round the calculated five-year cost increment to the nearest $50.
Negative values represent a cost increase compared to the average
vehicle.

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

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

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

Subpart G--[Amended]

0
32. Section 1033.625 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  1033.625  Special certification provisions for non-locomotive-
specific engines.

* * * * *
    (a) * * *
    (2) The engines were certified to PM, NOX, and
hydrocarbon standards that are numerically lower than the applicable
locomotive standards of this part.
* * * * *

0
33. A new part 1036 is added to subchapter U to read as follows:

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

Subpart A--Overview and Applicability
Sec.
1036.1 Does this part apply for my engines?
1036.2 Who is responsible for compliance?
1036.5 Which engines are excluded from this part's requirements?
1036.10 How is this part organized?
1036.15 Do any other regulation parts apply to me?
1036.30 Submission of information.
Subpart B--Emission Standards and Related Requirements
1036.100 Overview of exhaust emission standards.
1036.108 Greenhouse gas emission standards.
1036.115 Other requirements.
1036.130 Installation instructions for vehicle manufacturers.
1036.135 Labeling.
1036.140 Primary intended service class.
1036.150 Interim provisions.
Subpart C--Certifying Engine Families
1036.205 What must I include in my application?
1036.210 Preliminary approval before certification.
1036.225 Amending my application for certification.
1036.230 Selecting engine families.
1036.235 Testing requirements for certification.
1036.241 Demonstrating compliance with greenhouse gas pollutant
standards.
1036.250 Reporting and recordkeeping for certification.
1036.255 What decisions may EPA make regarding my certificate of
conformity?
Subpart D--[Reserved]
Subpart E--In-use Testing
1036.401 In-use testing.
Subpart F--Test Procedures
1036.501 How do I run a valid emission test?
1036.525 Hybrid engines.
1036.530 Calculating greenhouse gas emission rates.
Subpart G--Special Compliance Provisions
1036.601 What compliance provisions apply to these engines?
1036.610 Innovative technology credits and adjustments for reducing
greenhouse gas emissions.
1036.615 Engines with Rankine cycle waste heat recovery and hybrid
powertrains.
1036.620 Alternate CO2 standards based on model year 2011
compression-ignition engines.
1036.625 In-use compliance with family emission limits (FELs).
Subpart H--Averaging, Banking, and Trading for Certification
1036.701 General provisions.
1036.705 Generating and calculating emission credits.
1036.710 Averaging.
1036.715 Banking.
1036.720 Trading.
1036.725 What must I include in my application for certification?
1036.730 ABT reports.
1036.735 Recordkeeping.
1036.740 Restrictions for using emission credits.
1036.745 End-of-year CO2 credit deficits.
1036.750 What can happen if I do not comply with the provisions of
this subpart?
1036.755 Information provided to the Department of Transportation.
Subpart I--Definitions and Other Reference Information
1036.801 Definitions.
1036.805 Symbols, acronyms, and abbreviations.
1036.810 Incorporation by reference.
1036.815 Confidential information.
1036.820 Requesting a hearing.
1036.825 Reporting and recordkeeping requirements.

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

Subpart A--Overview and Applicability

Sec.  1036.1  Does this part apply for my engines?

    (a) Except as specified in Sec.  1036.5, the provisions of this
part apply to all new 2014 model year and later heavy-duty engines.
This includes engines fueled by conventional and alternative fuels.
    (b) This part does not apply with respect to exhaust emission
standards for HC, CO, NOX, or PM except that the provisions
of Sec.  1036.601 apply.

Sec.  1036.2  Who is responsible for compliance?

    The regulations in this part 1036 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, especially for issues
related to certification.

Sec.  1036.5  Which engines are excluded from this part's requirements?

    (a) The provisions of this part do not apply to engines used in
medium-duty passenger vehicles that are subject to regulation under 40
CFR part 86, subpart S, except as specified in 40 CFR part 86, subpart
S, and Sec.  1036.108(a)(4). For example, this exclusion applies for
engines used in vehicles certified to the standards of 40 CFR 1037.104.
    (b) Engines installed in heavy-duty vehicles that do not provide
motive power are nonroad engines. The provisions of this part therefore
do not apply to these engines. See 40 CFR parts 1039, 1048, or 1054 for
other requirements that apply for these auxiliary engines. See 40 CFR
part 1037 for requirements that may apply for vehicles using these
engines, such as the evaporative emission requirements of 40 CFR
1037.103.
    (c) The provisions of this part do not apply to aircraft or
aircraft engines. Standards apply separately to certain aircraft
engines, as described in 40 CFR part 87.
    (d) The provisions of this part do not apply to engines that are
not internal combustion engines. For example, the provisions of this
part do not apply to fuel cells.
    (e) The provisions of this part do not apply to engines used in
heavy-duty vehicles that are subject to light-duty greenhouse gas
standards under 40 CFR part 86, subpart S, except as specified in 40
CFR part 86, subpart S, and Sec.  1036.108(a)(4).

Sec.  1036.10  How is this part organized?

    This part 1036 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of this part
1036 and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec.  1036.150 describes certain interim requirements and
compliance provisions that apply only for a limited time.
    (c) Subpart C of this part describes how to apply for a certificate
of conformity.
    (d) [Reserved]
    (e) Subpart E of this part describes provisions for testing in-use
engines.
    (f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal
Regulations).
    (g) Subpart G of this part describes requirements, prohibitions,
and other provisions that apply to engine manufacturers, vehicle
manufacturers, owners, operators, rebuilders, and all others.
    (h) Subpart H of this part describes how you may generate and use
emission credits to certify your engines.
    (i) Subpart I of this part contains definitions and other reference
information.

Sec.  1036.15  Do any other regulation parts apply to me?

    (a) Part 86 of this chapter describes additional requirements that
apply to

engines that are subject to this part 1036. This part extensively
references portions of 40 CFR part 86. For example, the regulations of
part 86 specify emission standards and certification procedures related
to criteria pollutants.
    (b) Part 1037 of this chapter describes requirements for
controlling evaporative emissions and greenhouse gas emissions from
heavy-duty vehicles, whether or not they use engines certified under
this part. It also includes standards and requirements that apply
instead of the standards and requirements of this part in some cases.
    (c) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines to measure exhaust emissions.
Subpart F of this part 1036 describes how to apply the provisions of
part 1065 of this chapter to determine whether engines meet the exhaust
emission standards in this part.
    (d) Certain provisions of part 1068 of this chapter apply as
specified in Sec.  1036.601 to everyone, including anyone who
manufactures, imports, installs, owns, operates, or rebuilds any of the
engines subject to this part 1036, or vehicles containing these
engines. Part 1068 of this chapter describes general provisions that
apply broadly, but do not necessarily apply for all engines or all
persons. The issues addressed by these provisions include these seven
areas:
    (1) Prohibited acts and penalties for engine manufacturers, vehicle
manufacturers, and others.
    (2) Rebuilding and other aftermarket changes.
    (3) Exclusions and exemptions for certain engines.
    (4) Importing engines.
    (5) Selective enforcement audits of your production.
    (6) Recall.
    (7) Procedures for hearings.
    (e) Other parts of this chapter apply if referenced in this part.

Sec.  1036.30  Submission of information.

    Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1036.801). See Sec.  1036.825 for
additional reporting and recordkeeping provisions.

Subpart B--Emission Standards and Related Requirements

Sec.  1036.100  Overview of exhaust emission standards.

    Engines used in vehicles certified to the applicable chassis
standards for greenhouse gas pollutants described in 40 CFR 1037.104
are not subject to the standards specified in this part. All other
engines subject to this part must meet the greenhouse gas standards in
Sec.  1036.108 in addition to the criteria pollutant standards of 40
CFR part 86.

Sec.  1036.108  Greenhouse gas emission standards.

    This section contains standards and other regulations applicable to
the emission of the air pollutant defined as the aggregate group of six
greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perflurocarbons, and sulfur hexafluoride. This
section describes the applicable CO2, N2O, and
CH4 standards for engines. Except as specified in paragraph
(a)(4) of this section, these standards do not apply for engines used
in vehicles subject to (or voluntarily certified to) the
CO2, N2O, and CH4 standards for
vehicles specified in 40 CFR 1037.104.
    (a) Emission standards. Emission standards apply for engines
measured using the test procedures specified in subpart F of this part
as follows:
    (1) CO2 emission standards apply as specified in this
paragraph (a)(1). The applicable test cycle for measuring
CO2 emissions differs depending on the engine family's
primary intended service class and the extent to which the engines will
be (or were designed to be) used in tractors. For medium and heavy
heavy-duty engines certified as tractor engines, measure CO2
emissions using the steady-state duty cycle specified in 40 CFR 86.1362
(referred to as the SET cycle). This is intended for engines designed
to be used primarily in tractors and other line-haul applications. Note
that the use of some SET-certified tractor engines in vocational
applications does not affect your certification obligation under this
paragraph (a)(1); see other provisions of this part and 40 CFR part
1037 for limits on using engines certified to only one cycle. For
medium and heavy heavy-duty engines certified as both tractor and
vocational engines, measure CO2 emissions using the steady-
state duty cycle and the transient duty cycle (sometimes referred to as
the FTP engine cycle), both of which are specified in 40 CFR part 86,
subpart N. This is intended for engines that are designed for use in
both tractor and vocational applications. For all other engines
(including all spark-ignition engines), measure CO2
emissions using the transient duty cycle specified in 40 CFR part 86,
subpart N.
    (i) The CO2 standard for model year 2016 and later
spark-ignition engines is 627 g/hp-hr.
    (ii) The following CO2 standards apply for compression-
ignition engines and all other engines (in g/hp-hr):

----------------------------------------------------------------------------------------------------------------
                                                                 Medium                    Medium
                                                 Light heavy- heavy-duty-- Heavy heavy- heavy-duty-- Heavy heavy-
                  Model years                        duty      vocational     duty--       tractor      duty--
                                                                            vocational                 tractor
----------------------------------------------------------------------------------------------------------------
2014-2016......................................          600          600          567          502          475
2017 and later.................................          576          576          555          487          460
----------------------------------------------------------------------------------------------------------------

     (2) The CH4 emission standard is 0.10 g/hp-hr when
measured over the transient duty cycle specified in 40 CFR part 86,
subpart N. This standard begins in model year 2014 for compression
ignition engines and in model year 2016 for spark-ignition engines.
Note that this standard applies for all fuel types just as the other
standards of this section do.
    (3) The N2O emission standard for all model year 2014
and later engines is 0.10 g/hp-hr when measured over the transient duty
cycle specified in 40 CFR part 86, subpart N. This standard begins in
model year 2014 for compression ignition engines and in model year 2016
for spark-ignition engines.
    (4) This paragraph (a)(4) describes alternate emission standards
for engines certified under 40 CFR 1037.150(m). The standards of
paragraphs (a)(1) through (3) of this section do not apply for these
engines. The standards in this paragraph (a)(4) apply for emissions
measured with the engine installed in a complete vehicle consistent
with the provisions of 40 CFR 1037.150(m)(6). The CO2
standard for the engines equals the test result specified in 40 CFR
1037.150(m)(6) multiplied by 1.10 and rounded to the nearest 0.1 g/
mile. The N2O and CH4 standards are both 0.05 g/
mile (or any alternate standards that apply to the corresponding
vehicle test group). The only requirements of this part that apply to
these engines are those in this paragraph (a)(4) and those in
Sec. Sec.  1036.115 through 1036.135.

    (b) Family certification levels. You must specify a CO2
Family Certification Level (FCL) for each engine family. The FCL may
not be less than the certified emission level for the engine family.
The CO2 Family Emission Limit (FEL) for the engine family is
equal to the FCL multiplied by 1.03.
    (c) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with CO2 emission standards. Credits (positive
and negative) are calculated from the difference between the FCL and
the applicable emission standard. As described in Sec.  1036.705, you
may use CO2 credits to certify your engine families to FELs
for N2O and/or CH4, instead of the
N2O/CH4 standards of this section that otherwise
apply. Except as specified in Sec. Sec.  1036.150 and 1036.705, you may
not generate or use credits for N2O or CH4
emissions.
    (d) Useful life. Your engines must meet the exhaust emission
standards of this section throughout their full useful life, expressed
in service miles or calendar years, whichever comes first. The useful
life values applicable to the criteria pollutant standards of 40 CFR
part 86 apply for the standards of this section.
    (e) Applicability for testing. The emission standards in this
subpart apply as specified in this paragraph (e) to all duty-cycle
testing (according to the applicable test cycles) of testable
configurations, including certification, selective enforcement audits,
and in-use testing. The CO2 FCLs serve as the CO2
emission standards for the engine family with respect to certification
and confirmatory testing instead of the standards specified in
paragraph (a)(1) of this section. The FELs serve as the emission
standards for the engine family with respect to all other testing. See
Sec. Sec.  1036.235 and 1036.241 to determine which engine
configurations within the engine family are subject to testing.
    (f) Multi-fuel engines. For dual-fuel, multi-fuel, and flexible-
fuel engines, perform exhaust testing on each fuel type (for example,
gasoline and E85).
    (1) This paragraph (f)(1) applies where you demonstrate the
relative amount of each fuel type that your engines consume in actual
use. Based on your demonstration, we will specify a weighting factor
and allow you to submit the weighted average of your emission results.
For example, if you certify an E85 flexible-fuel engine and we
determine the engine will produce one-half of its work from E85 and
one-half of its work from gasoline, you may average your E85 and
gasoline emission results.
    (2) If you certify your engine family to N2O and/or
CH4 FELs the FELs apply for testing on all fuel types for
which your engine is designed, to the same extent as criteria emission
standards apply.

Sec.  1036.115  Other requirements.

    (a) The warranty and maintenance requirements, adjustable parameter
provisions, and defeat device prohibition of 40 CFR part 86 apply with
respect to the standards of this part.
    (b) [Reserved]

Sec.  1036.130  Installation instructions for vehicle manufacturers.

    (a) If you sell an engine for someone else to install in a vehicle,
give the engine installer instructions for installing it consistent
with the requirements of this part. Include all information necessary
to ensure that an engine will be installed in its certified
configuration.
    (b) Make sure these instructions have the following information:
    (1) Include the heading: ``Emission-related installation
instructions''.
    (2) State: ``Failing to follow these instructions when installing a
certified engine in a heavy-duty motor vehicle violates federal law,
subject to fines or other penalties as described in the Clean Air
Act.''
    (3) Provide all instructions needed to properly install the exhaust
system and any other components.
    (4) Describe any necessary steps for installing any diagnostic
system required under 40 CFR part 86.
    (5) Describe how your certification is limited for any type of
application. For example, if you certify heavy heavy-duty engines to
the CO2 standards using only steady-state testing, you must
make clear that the engine may be installed only in tractors.
    (6) Describe any other instructions to make sure the installed
engine will operate according to design specifications in your
application for certification. This may include, for example,
instructions for installing aftertreatment devices when installing the
engines.
    (7) State: ``If you install the engine in a way that makes the
engine's emission control information label hard to read during normal
engine maintenance, you must place a duplicate label on the vehicle, as
described in 40 CFR 1068.105.''
    (c) You do not need installation instructions for engines that you
install in your own vehicles.
    (d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available Web site for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation
requirements.

Sec.  1036.135  Labeling.

    Label your engines as described in 40 CFR 86.007-35(a)(3), with the
following additional information:
    (a) [Reserved]
    (b) Identify the emission control system. Use terms and
abbreviations as described in 40 CFR 1068.45 or other applicable
conventions.
    (c) Identify any limitations on your certification. For example, if
you certify heavy heavy-duty engines to the CO2 standards
using only transient cycle testing, include the statement ``VOCATIONAL
VEHICLES ONLY''.
    (d) You may ask us to approve modified labeling requirements in
this part 1036 if you show that it is necessary or appropriate. We will
approve your request if your alternate label is consistent with the
requirements of this part. We may also specify modified labeling
requirement to be consistent with the intent of 40 CFR part 1037.

Sec.  1036.140  Primary intended service class.

    You must identify a single primary intended service class for each
compression-ignition engine family. Select the class that best
describes vehicles for which you design and market the engine. The
three primary intended service classes are light heavy-duty, medium
heavy-duty, and heavy heavy-duty. Note that provisions that apply based
on primary intended service class often treat spark-ignition engines as
if they were a separate service class.
    (a) Light heavy-duty engines usually are not designed for rebuild
and do not have cylinder liners. Vehicle body types in this group might
include any heavy-duty vehicle built for a light-duty truck chassis,
van trucks, multi-stop vans, motor homes and other recreational
vehicles, and some straight trucks with a single rear axle. Typical
applications would include personal transportation, light-load
commercial delivery, passenger service, agriculture, and construction.
The GVWR of these vehicles is normally below 19,500 pounds.
    (b) Medium heavy-duty engines may be designed for rebuild and may
have cylinder liners. Vehicle body types in this group would typically
include school buses, straight trucks with dual

rear axles, city tractors, and a variety of special purpose vehicles
such as small dump trucks, and refuse trucks. Typical applications
would include commercial short haul and intra-city delivery and pickup.
Engines in this group are normally used in vehicles whose GVWR ranges
from 19,500 to 33,000 pounds.
    (c) Heavy heavy-duty engines are designed for multiple rebuilds and
have cylinder liners. Vehicles in this group are normally tractors,
trucks, and buses used in inter-city, long-haul applications. These
vehicles normally exceed 33,000 pounds GVWR.

Sec.  1036.150  Interim provisions.

    The provisions in this section apply instead of other provisions in
this part.
    (a) Early banking of greenhouse gas emissions. You may generate
CO2 emission credits for engines you certify in model year
2013 (2015 for spark-ignition engines) to the standards of Sec.
1036.108.
    (1) Except as specified in paragraph (a)(2) of this section, to
generate early credits, you must certify your entire U.S.-directed
production volume within that averaging set to these standards. This
means that you may not generate early credits while you produce engines
in the averaging set that are certified to the criteria pollutant
standards but not to the greenhouse gas standards. Calculate emission
credits as described in subpart H of this part relative to the standard
that would apply for model year 2014 (2016 for spark-ignition engines).
    (2) You may generate early credits for an individual compression-
ignition engine family where you demonstrate that you have improved a
model year 2013 engine model's CO2 emissions relative to its
2012 baseline level and certify it to an FCL below the applicable
standard. Calculate emission credits as described in subpart H of this
part relative to the lesser of the standard that would apply for model
year 2014 engines or the baseline engine's CO2 emission
rate. Use the smaller U.S.-directed production volume of the 2013
engine family or the 2012 baseline engine family. We will not allow you
to generate emission credits under this paragraph (a)(2) unless we
determine that your 2013 engine is the same engine as the 2012 baseline
or that it replaces it.
    (3) You may bank credits equal to the surplus credits you generate
under this paragraph (a) multiplied by 1.50. For example, if you have
10 Mg of surplus credits for model year 2013, you may bank 15 Mg of
credits. Credit deficits for an averaging set prior to model year 2014
(2016 for spark-ignition engines) do not carry over to model year 2014
(2016 for spark-ignition engines). We recommend that you notify us of
your intent to use this provision before submitting your applications.
    (b) Model year 2014 N2O standards. In model year 2014
and earlier, manufacturers may show compliance with the N2O
standards using an engineering analysis. This allowance also applies
for later families certified using carryover CO2 data from
model 2014 consistent with Sec.  1036.235(d).
    (c) Engine cycle classification. Engines meeting the definition of
spark-ignition, but regulated as diesel engines under 40 CFR part 86,
must be certified to the requirements applicable to compression-
ignition engines under this part. Such engines are deemed to be
compression-ignition engines for purposes of this part. Similarly,
engines meeting the definition of compression-ignition, but regulated
as Otto-cycle under 40 CFR part 86 must be certified to the
requirements applicable to spark-ignition engines under this part. Such
engines are deemed to be spark-ignition engines for purposes of this
part.
    (d) Small manufacturers. Manufacturers meeting the small business
criteria specified for ``Gasoline Engine and Engine Parts
Manufacturing'' or ``Other Engine Equipment Manufacturers'' in 13 CFR
121.201 are not subject to the greenhouse gas emission standards in
Sec.  1036.108. Qualifying manufacturers must notify the Designated
Compliance Officer before importing or introducing into U.S. commerce
excluded engines. This notification must include a description of the
manufacturer's qualification as a small business under 13 CFR 121.201.
You must label your excluded vehicles with the statement: ``THIS ENGINE
IS EXCLUDED UNDER 40 CFR 1037.150(c).''
    (e) Alternate phase-in standards. Where a manufacturer certifies
all of its model year 2013 compression-ignition engines within a given
primary intended service class to the applicable alternate standards of
this paragraph (e), its compression-ignition engines within that
primary intended service class are subject to the standards of this
paragraph (e) for model years 2013 through 2016. This means that once a
manufacturer chooses to certify a primary intended service class to the
standards of this paragraph (e), it is not allowed to opt out of these
standards. Engines certified to these standards are not eligible for
early credits under paragraph (a) of this section.

----------------------------------------------------------------------------------------------------------------
               Tractors                      LHD Engines              MHD Engines              HHD Engines
----------------------------------------------------------------------------------------------------------------
Model Years 2013-2015................  NA.....................  512 g/hp-hr............  485 g/hp-hr.
Model Years 2016 and later \a\.......  NA.....................  487 g/hp-hr............  460 g/hp-hr.
----------------------------------------------------------------------------------------------------------------
Vocational                                   LHD Engines              MHD Engines              HHD Engines
----------------------------------------------------------------------------------------------------------------
Model Years 2013-2015................  618 g/hp-hr............  618 g/hp-hr............  577 g/hp-hr.
----------------------------------------------------------------------------------------------------------------
Model Years 2016 and later \a\.......  576 g/hp-hr............  576 g/hp-hr............  555 g/hp-hr.
----------------------------------------------------------------------------------------------------------------
\a\ Note: These alternate standards for 2016 and later are the same as the otherwise applicable standards for
  2017 and later.

    (f) Separate OBD families. This paragraph (f) applies where you
separately certify engines for the purpose of applying OBD requirements
(for engines used in vehicles under 14,000 pounds GVWR) from non-OBD
engines that could be certified as a single engine family. You may
treat the two engine families as a single engine family in certain
respects for the purpose of this part, as follows:
    (1) This paragraph applies only where the two families are
identical in all respects except for the engine ratings offered and the
inclusion of OBD.
    (2) For purposes of this part and 40 CFR part 86, the two families
remain two separate families except for the following:
    (i) Specify the testable configurations of the non-OBD engine
family as the testable configurations for the OBD family.
    (ii) Submit the same CO2, N2O, and
CH4 emission data for both engine families.
    (g) Assigned deterioration factors. You may use assigned
deterioration factors (DFs) without performing your own durability
emission tests or engineering analysis as follows:
    (1) You may use an assigned additive DF of 0.0 g/hp-hr for
CO2 emissions from engines that do not use advanced or
innovative technologies. If we determine it to be consistent with good
engineering judgment, we may allow you to use an assigned additive DF
of 0.0 g/hp-hr for CO2 emissions from your engines with
advanced or innovative technologies.
    (2) You may use an assigned additive DF of 0.02 g/hp-hr for
N2O emissions from any engine.
    (3) You may use an assigned additive DF of 0.02 g/hp-hr for
CH4 emissions from any engine.
    (h) Advanced technology credits. If you generate credits from
engines

certified for advanced technology you may multiply these credits by
1.5, except that you may not apply this multiplier and the early-credit
multiplier of paragraph (a) of this section.
    (i) CO2 credits for low N2O emissions. If you
certify your model year 2014, 2015, or 2016 engines to an
N2O FEL less than 0.04 g/hp-hr (provided you measure
N2O emissions from your emission-data engines), you may
generate additional CO2 credits under this paragraph (i).
Calculate the additional CO2 credits from the following
equation instead of the equation in Sec.  1036.705:

CO2 Credits (Mg) = (0.04 - FELN2O) [middot] (CF)
[middot] (Volume) [middot] (UL) [middot] (10-6) [middot]
(298)

Subpart C--Certifying Engine Families

Sec.  1036.205  What must I include in my application?

    Submit an application for certification as described in 40 CFR
86.007-21, with the following additional information:
    (a) Describe the engine family's specifications and other basic
parameters of the engine's design and emission controls with respect to
compliance with the requirements of this part. Describe in detail all
system components for controlling greenhouse gas emissions, including
all auxiliary emission control devices (AECDs) and all fuel-system
components you will install on any production or test engine. Identify
the part number of each component you describe. For this paragraph (a),
treat as separate AECDs any devices that modulate or activate
differently from each other.
    (b) Describe any test equipment and procedures that you used if you
performed any tests that did not also involve measurement of criteria
pollutants. Describe any special or alternate test procedures you used
(see 40 CFR 1065.10(c)).
    (c) Include the emission-related installation instructions you will
provide if someone else installs your engines in their vehicles (see
Sec.  1036.130).
    (d) Describe the label information specified in Sec.  1036.135. We
may require you to include a copy of the label.
    (e) Identify the FCLs with which you are certifying engines in the
engine family. The actual U.S.-directed production volume of
configurations that have emission rates at or below the FCL must be at
least one percent of your total actual (not projected) U.S.-directed
production volume for the engine family. Identify configurations within
the family that have emission rates at or below the FCL and meet the
one percent requirement. For example, if your total U.S.-directed
production volume for the engine family is 10,583, and the U.S.-
directed production volume for the tested rating is 75 engines, then
you can comply with this provision by setting your FCL so that one more
rating with a U.S.-directed production volume of at least 31 engines
meets the FCL. Where applicable, also identify other testable
configurations required under Sec.  1036.230(b)(2).
    (f) Identify the engine family's deterioration factors and describe
how you developed them (see Sec.  1036.241). Present any test data you
used for this.
    (g) Present emission data to show that you meet emission standards,
as follows:
    (1) Present exhaust emission data for CO2,
CH4, and N2O on an emission-data engine to show
that your engines meet the applicable emission standards we specify in
Sec.  1036.108. Show emission figures before and after applying
deterioration factors for each engine. In addition to the composite
results, show individual measurements for cold-start testing and hot-
start testing over the transient test cycle.
    (2) Note that Sec.  1036.235 allows you to submit an application in
certain cases without new emission data.
    (h) State whether your certification is limited for certain
engines. For example, if you certify heavy heavy-duty engines to the
CO2 standards using only transient testing, the engines may
be installed only in vocational vehicles.
    (i) Unconditionally certify that all the engines in the engine
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act. Note that Sec.  1036.235
specifies which engines to test to show that engines in the entire
family comply with the requirements of this part.
    (j) Include the information required by other subparts of this
part. For example, include the information required by Sec.  1036.725
if you participate in the ABT program.
    (k) Include the warranty statement and maintenance instructions if
we request them.
    (l) Include other applicable information, such as information
specified in this part or 40 CFR part 1068 related to requests for
exemptions.
    (m) For imported engines or equipment, identify the following:
    (1) Describe your normal practice for importing engines. For
example, this may include identifying the names and addresses of any
agents you have authorized to import your engines. Engines imported by
nonauthorized agents are not covered by your certificate.
    (2) The location of a test facility in the United States where you
can test your engines if we select them for testing under a selective
enforcement audit, as specified in 40 CFR part 1068, subpart E.

Sec.  1036.210  Preliminary approval before certification.

    If you send us information before you finish the application, we
may review it and make any appropriate determinations, especially for
questions related to engine family definitions, auxiliary emission
control devices, adjustable parameters, deterioration factors, testing
for service accumulation, and maintenance. Decisions made under this
section are considered to be preliminary approval, subject to final
review and approval. We will generally not reverse a decision where we
have given you preliminary approval, unless we find new information
supporting a different decision. If you request preliminary approval
related to the upcoming model year or the model year after that, we
will make best-efforts to make the appropriate determinations as soon
as practicable. We will generally not provide preliminary approval
related to a future model year more than two years ahead of time.

Sec.  1036.225  Amending my application for certification.

    Before we issue you a certificate of conformity, you may amend your
application to include new or modified engine configurations, subject
to the provisions of this section. After we have issued your
certificate of conformity, but before the end of the model year, you
may send us an amended application requesting that we include new or
modified engine configurations within the scope of the certificate,
subject to the provisions of this section. You must amend your
application if any changes occur with respect to any information that
is included or should be included in your application.
    (a) You must amend your application before you take any of the
following actions:
    (1) Add an engine configuration to an engine family. In this case,
the engine configuration added must be consistent with other engine
configurations in the engine family with respect to the criteria listed
in Sec.  1036.230.
    (2) Change an engine configuration already included in an engine
family in a way that may affect emissions, or change any of the
components you described in your application for certification. This
includes production

and design changes that may affect emissions any time during the
engine's lifetime.
    (3) Modify an FEL and FCL for an engine family as described in
paragraph (f) of this section.
    (b) To amend your application for certification, send the relevant
information to the Designated Compliance Officer.
    (1) Describe in detail the addition or change in the engine model
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by showing that the original emission-data engine is still
appropriate for showing that the amended family complies with all
applicable requirements.
    (3) If the original emission-data engine for the engine family is
not appropriate to show compliance for the new or modified engine
configuration, include new test data showing that the new or modified
engine configuration meets the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your newly added or modified engine. You may ask for
a hearing if we deny your request (see Sec.  1036.820).
    (e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified engine
configuration anytime after you send us your amended application and
before we make a decision under paragraph (d) of this section. However,
if we determine that the affected engines do not meet applicable
requirements, we will notify you to cease production of the engines and
may require you to recall the engines at no expense to the owner.
Choosing to produce engines under this paragraph (e) is deemed to be
consent to recall all engines that we determine do not meet applicable
emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph (c) of this section within 30 days
after we request it, you must stop producing the new or modified
engines.
    (f) You may ask us to approve a change to your FEL in certain cases
after the start of production, but before the end of the model year. If
you change an FEL for CO2, your FCL for CO2 is
automatically set to your new FEL divided by 1.03. The changed FEL may
not apply to engines you have already introduced into U.S. commerce,
except as described in this paragraph (f). If we approve a changed FEL
after the start of production, you must include the new FEL on the
emission control information label for all engines produced after the
change. You may ask us to approve a change to your FEL in the following
cases:
    (1) You may ask to raise your FEL for your engine family at any
time. In your request, you must show that you will still be able to
meet the emission standards as specified in subparts B and H of this
part. Use the appropriate FELs/FCLs with corresponding production
volumes to calculate emission credits for the model year, as described
in subpart H of this part.
    (2) You may ask to lower the FEL for your engine family only if you
have test data from production engines showing that emissions are below
the proposed lower FEL (or below the proposed FCL for CO2).
The lower FEL/FCL applies only to engines you produce after we approve
the new FEL/FCL. Use the appropriate FELs/FCLs with corresponding
production volumes to calculate emission credits for the model year, as
described in subpart H of this part.

Sec.  1036.230  Selecting engine families.

    See 40 CFR 86.001-24 for instructions on how to divide your product
line into families of engines that are expected to have similar
emission characteristics throughout the useful life. You must certify
your engines to the standards of Sec.  1036.108 using the same engine
families you use for criteria pollutants under 40 CFR part 86. The
following provisions also apply:
    (a) Engines certified as hybrid engines or power packs may not be
included in an engine family with engines with conventional
powertrains. Note that this does not prevent you from including engines
in a conventional family if they are used in hybrid vehicles, as long
as you certify them conventionally.
    (b) If you certify engines in the family for use as both vocational
and tractor engines, you must split your family into two separate
subfamilies. Indicate in the application for certification that the
engine family is to be split.
    (1) Calculate emission credits relative to the vocational engine
standard for the number of engines sold into vocational applications
and relative to the tractor engine standard for the number of engines
sold into non-vocational tractor applications. You may assign the
numbers and configurations of engines within the respective subfamilies
at any time before submitting the end-of-year report required by Sec.
1036.730. If the family participates in averaging, banking, or trading,
you must identify the type of vehicle in which each engine is
installed; we may alternatively allow you to use statistical methods to
determine this for a fraction of your engines. Keep records to document
this determination.
    (2) If you restrict use of the test configuration for your split
family to only tractors, or only vocational vehicles, you must identify
a second testable configuration for the other type of vehicle (or an
unrestricted configuration). Identify this configuration in your
application for certification. The FCL for the engine family applies
for this configuration as well as the primary test configuration.
    (c) If you certify in separate engine families engines that could
have been certified in vocational and tractor engine subfamilies in the
same engine family, count the two families as one family for purposes
of determining your obligations with respect to the OBD requirements
and in-use testing requirements of 40 CFR part 86. Indicate in the
applications for certification that the two engine families are covered
by this paragraph (c).
    (d) Engine configurations within an engine family must use
equivalent greenhouse gas emission controls. Unless we approve it, you
may not produce nontested configurations without the same emission
control hardware included on the tested configuration. We will only
approve it if you demonstrate that the exclusion of the hardware does
not increase greenhouse gas emissions.

Sec.  1036.235  Testing requirements for certification.

    This section describes the emission testing you must perform to
show compliance with the greenhouse gas emission standards in Sec.
1036.108.
    (a) Select a single emission-data engine from each engine family as
specified in 40 CFR part 86. The standards of this part apply only with
respect to emissions measured from this tested configuration and other
configurations identified in Sec.  1036.205(e). Note that
configurations identified in Sec.  1036.205(e) are considered to be
``tested configurations'' whether or not you actually tested them for
certification. However, you must apply the same (or equivalent)
emission controls to all other engine configurations in the engine
family.
    (b) Test your emission-data engines using the procedures and
equipment specified in subpart F of this part. In the

case of dual-fuel and flexible-fuel engines, measure emissions when
operating with each type of fuel for which you intend to certify the
engine. Measure CO2, CH4, and N2O
emissions using the specified duty cycle(s), including cold-start and
hot-start testing as specified in 40 CFR part 86, subpart N. If you are
certifying the engine for use in tractors, you must measure
CO2 emissions using the SET cycle and measure
CH4, and N2O emissions using the transient cycle.
If you are certifying the engine for use in vocational applications,
you must measure CO2, CH4, and N2O
emissions using the specified transient duty cycle, including cold-
start and hot-start testing as specified in 40 CFR part 86, subpart N.
Engines certified for use in tractors may also be used in vocational
vehicles; however, you may not knowingly circumvent the intent of this
part (to reduce in-use emissions of CO2) by certifying
engines designed for vocational vehicles (and rarely used in tractors)
to the SET and not the transient cycle. For example, we would generally
not allow you to certify all your engines to the SET without certifying
any to the transient cycle. You may certify your engine family for both
tractor and vocational use by submitting CO2 emission data
from both SET and transient cycle testing and specifying FCLs for both.
    (c) We may measure emissions from any of your emission-data
engines.
    (1) We may decide to do the testing at your plant or any other
facility. If we do this, you must deliver the engine to a test facility
we designate. The engine you provide must include appropriate
manifolds, aftertreatment devices, electronic control units, and other
emission-related components not normally attached directly to the
engine block. If we do the testing at your plant, you must schedule it
as soon as possible and make available the instruments, personnel, and
equipment we need.
    (2) If we measure emissions on your engine, the results of that
testing become the official emission results for the engine. Unless we
later invalidate these data, we may decide not to consider your data in
determining if your engine family meets applicable requirements.
    (3) Before we test one of your engines, we may set its adjustable
parameters to any point within the physically adjustable ranges.
    (4) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter. For example, this would apply for an engine
parameter that is subject to production variability because it is
adjustable during production, but is not considered an adjustable
parameter (as defined in Sec.  1036.801) because it is permanently
sealed.
    (d) You may ask to use carryover emission data from a previous
model year instead of doing new tests, but only if all the following
are true:
    (1) The engine family from the previous model year differs from the
current engine family only with respect to model year or other
characteristics unrelated to emissions.
    (2) The emission-data engine from the previous model year remains
the appropriate emission-data engine under paragraph (b) of this
section.
    (3) The data show that the emission-data engine would meet all the
requirements that apply to the engine family covered by the application
for certification.
    (e) We may require you to test a second engine of the same
configuration in addition to the engine tested under paragraph (a) of
this section.
    (f) If you use an alternate test procedure under 40 CFR 1065.10 and
later testing shows that such testing does not produce results that are
equivalent to the procedures specified in subpart F of this part, we
may reject data you generated using the alternate procedure.

Sec.  1036.241  Demonstrating compliance with greenhouse gas pollutant
standards.

    (a) For purposes of certification, your engine family is considered
in compliance with the emission standards in Sec.  1036.108 if all
emission-data engines representing the tested configuration of that
engine family have test results showing official emission results and
deteriorated emission levels at or below the standards. Note that your
FCLs are considered to be the applicable emission standards with which
you must comply for certification.
    (b) Your engine family is deemed not to comply if any emission-data
engine representing the tested configuration of that engine family has
test results showing an official emission result or a deteriorated
emission level for any pollutant that is above an applicable emission
standard (generally the FCL). Note that you may increase your FCL if
any certification test results exceed your initial FCL.
    (c) Apply deterioration factors to the measured emission levels for
each pollutant to show compliance with the applicable emission
standards. Your deterioration factors must take into account any
available data from in-use testing with similar engines. Apply
deterioration factors as follows:
    (1) Additive deterioration factor for greenhouse gas emissions.
Except as specified in paragraph (c)(2) of this section, use an
additive deterioration factor for exhaust emissions. An additive
deterioration factor is the difference between exhaust emissions at the
end of the useful life and exhaust emissions at the low-hour test
point. In these cases, adjust the official emission results for each
tested engine at the selected test point by adding the factor to the
measured emissions. If the factor is less than zero, use zero. Additive
deterioration factors must be specified to one more decimal place than
the applicable standard.
    (2) Multiplicative deterioration factor for greenhouse gas
emissions. Use a multiplicative deterioration factor for a pollutant if
good engineering judgment calls for the deterioration factor for that
pollutant to be the ratio of exhaust emissions at the end of the useful
life to exhaust emissions at the low-hour test point. Adjust the
official emission results for each tested engine at the selected test
point by multiplying the measured emissions by the deterioration
factor. If the factor is less than one, use one. A multiplicative
deterioration factor may not be appropriate in cases where testing
variability is significantly greater than engine-to-engine variability.
Multiplicative deterioration factors must be specified to one more
significant figure than the applicable standard.
    (3) Sawtooth deterioration patterns. The deterioration factors
described in paragraphs (c)(1) and (2) of this section assume that the
highest useful life emissions occur either at the end of useful life or
at the low-hour test point. The provisions of this paragraph (c)(3)
apply where good engineering judgment indicates that the highest useful
life emissions will occur between these two points. For example,
emissions may increase with service accumulation until a certain
maintenance step is performed, then return to the low-hour emission
levels and begin increasing again. Such a pattern may occur with
battery-based electric hybrid engines. Base deterioration factors for
engines with such emission patterns on the difference between (or ratio
of) the point at which the highest emissions occur and the low-hour
test point. Note that this applies for maintenance-related
deterioration only where we allow such critical emission-related
maintenance.
    (d) Collect emission data using measurements to one more decimal
place than the applicable standard. Apply the deterioration factor to
the official emission result, as described in

paragraph (c) of this section, then round the adjusted figure to the
same number of decimal places as the emission standard. Compare the
rounded emission levels to the emission standard for each emission-data
engine.
    (e) If you identify more than one configuration in Sec.
1036.205(e), we may test (or require you to test) any of the identified
configurations. We may also require you to provide an engineering
analysis that demonstrates that untested configurations listed in Sec.
1036.205(e) comply with their FCL.

Sec.  1036.250  Reporting and recordkeeping for certification.

    (a) Within 90 days after the end of the model year, send the
Designated Compliance Officer a report including the total U.S.-
directed production volume of engines you produced in each engine
family during the model year (based on information available at the
time of the report). Report the production by serial number and engine
configuration. Small manufacturers may omit this requirement. You may
combine this report with reports required under subpart H of this part.
    (b) Organize and maintain the following records:
    (1) A copy of all applications and any summary information you send
us.
    (2) Any of the information we specify in Sec.  1036.205 that you
were not required to include in your application.
    (c) Keep routine data from emission tests required by this part
(such as test cell temperatures and relative humidity readings) for one
year after we issue the associated certificate of conformity. Keep all
other information specified in this section for eight years after we
issue your certificate.
    (d) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them. You must keep these records readily available. We may
review them at any time.

Sec.  1036.255  What decisions may EPA make regarding my certificate of
conformity?

    (a) If we determine your application is complete and shows that the
engine family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for your engine family for that
model year. We may make the approval subject to additional conditions.
    (b) We may deny your application for certification if we determine
that your engine family fails to comply with emission standards or
other requirements of this part or the Clean Air Act. We will base our
decision on all available information. If we deny your application, we
will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke
your certificate if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements.
    (2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent). This includes doing anything
after submission of your application to render any of the submitted
information false or incomplete.
    (3) Render inaccurate any test data.
    (4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see 40 CFR 1068.20). This includes
a failure to provide reasonable assistance. However, you may ask us to
reconsider our decision by showing that your failure under this
paragraph (c)(4) did not involve engines related to the certificate or
application in question to a degree that would justify our decision.
    (5) Produce engines for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
    (6) Fail to supply requested information or amend your application
to include all engines being produced.
    (7) Take any action that otherwise circumvents the intent of the
Act or this part, with respect to your engine family.
    (d) We may void the certificate of conformity for an engine family
if you fail to keep records, send reports, or give us information as
required under this part or the Act. Note that these are also
violations of 40 CFR 1068.101(a)(2).
    (e) We may void your certificate if we find that you intentionally
submitted false or incomplete information. This includes rendering
submitted information false or incomplete after submission.
    (f) If we deny your application or suspend, revoke, or void your
certificate, you may ask for a hearing (see Sec.  1036.820).

Subpart D--[Reserved]

Subpart E--In-use Testing

Sec.  1036.401  In-use testing.

    We may perform in-use testing of any engine family subject to the
standards of this part, consistent with the provisions of Sec.
1036.235. Note that this provisions does not affect your obligation to
test your in-use engines as described in 40 CFR part 86, subpart T.

Subpart F--Test Procedures

Sec.  1036.501  How do I run a valid emission test?

    (a) Use the equipment and procedures specified in 40 CFR 86.1305 to
determine whether engines meet the emission standards in Sec.
1036.108.
    (b) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10.
    (c) This subpart is addressed to you as a manufacturer, but it
applies equally to anyone who does testing for you, and to us when we
perform testing to determine if your engines meet emission standards.
    (d) For engines that use aftertreatment technology with infrequent
regeneration events, invalidate any test interval in which such a
regeneration event occurs with respect to CO2,
N2O, and CH4 measurements.
    (e) Test hybrid engines as described in 40 CFR part 1065 and Sec.
1036.525.
    (f) [Reserved]
    (g) If your engine requires special components for proper testing,
you must provide any such components to us if we ask for them.

Sec.  1036.525  Hybrid engines.

    (a) If your engine system includes features that recover and store
energy during engine motoring operation test the engine as described in
paragraph (d) of this section. See Sec.  1036.615(a)(2) for engine
systems intended to include features that recover and store energy from
braking unrelated to engine motoring operation. For purposes of this
section, features that recover energy between the engine and
transmission are considered ``related to engine motoring''.
    (b) If you produce a hybrid engine designed with power take-off
capability and sell the engine coupled with a transmission, you may
calculate a reduction in CO2 emissions resulting from the
power take-off operation as described in 40 CFR 1037.525. Use good
engineering judgment to use the vehicle-based procedures to quantify
the CO2 reduction for your engines.
    (c) The hardware that must be included in these tests is the
engine, the hybrid electric motor, the rechargeable energy storage
system (RESS) and the power electronics between the hybrid electric
motor and the RESS. You may ask us to modify the provisions of this
section to allow testing non-electric hybrid vehicles, consistent with
good engineering judgment.
    (d) Measure emissions using the same procedures that apply for
testing non-hybrid engines under this part, except as specified
otherwise in this part and/

or 40 CFR part 1065. If you test hybrid engines using the SET,
deactivate the hybrid features unless we have specified otherwise. The
five differences that apply under this section are related to engine
mapping, engine shutdown during the test cycle, calculating work,
limits on braking energy, and state of charge constraints.
    (1) Map the engine as specified in 40 CFR 1065.510. This requires
separate torque maps for the engine with and without the hybrid
features active. For transient testing, denormalize the test cycle
using the map generated with the hybrid feature active. For steady-
state testing, denormalize the test cycle using the map generated with
the hybrid feature inactive.
    (2) If the engine will be configured in actual use to shut down
automatically during idle operation, you may let the engine shut down
during the idle portions of the test cycle.
    (3) Follow 40 CFR 1065.650(d) to calculate the work done over the
cycle except as specified in this paragraph (d)(3). For the positive
work over the cycle set negative power from hybrid to zero. For the
negative work over the cycle set the positive power to zero and set the
non-hybrid power to zero.
    (4)(i) Calculate brake energy fraction, xb, as the
integrated negative work over the cycle divided by the integrated
positive work over the cycle according to Equation 1036.525-1.
Calculate the brake energy limit for the engine, xbl,
according to Equation 1036.525-2. If xb is less than
xbl, use the integrated positive work for your emission
calculations. If the xb is greater than xbl use
Equation 1036.525-3 to calculate the positive work done over the cycle.
Use Wcycle as the integrated positive work when calculating
brake-specific emissions. To avoid the need to delete extra brake work
from positive work you may set an instantaneous brake target that will
prevent xb from being larger than xbl.
[GRAPHIC] [TIFF OMITTED] TR15SE11.007

    (ii) The following definitions of terms apply for this paragraph
(d)(4):
    xb = the brake energy fraction.
    Wneg = the negative work over the cycle.
    Wpos = the positive work over the cycle.
    xbl = the brake energy fraction limit.
    Pmax = the maximum power of the engine with the hybrid
system engaged (kW).
    Wcycle = the work over the cycle when xb is
greater than xbl.
    (iii) Note that these calculations are specified with SI units
(such as kW), consistent with 40 CFR part 1065. Emission results are
converted to g/hp-hr at the end of the calculations.
    (5) Correct for the net energy change of the energy storage device
as described in 40 CFR 1066.501.

Sec.  1036.530  Calculating greenhouse gas emission rates.

    This section describes how to calculate official emission results
for CO2, CH4, and N2O.
    (a) Calculate brake-specific emission rates for each applicable
duty cycle as specified in 40 CFR 1065.650. Do not apply infrequent
regeneration adjustment factors to your results.
    (b) Adjust CO2 emission rates calculated under paragraph
(a) of this section for measured test fuel properties as specified in
this paragraph (b) to obtain the official emission results. You are not
required to apply this adjustment for fuels containing at least 75
percent pure alcohol, such as E85. The purpose of this adjustment is to
make official emission results independent of differences in test fuels
within a fuel type. Use good engineering judgment to develop and apply
testing protocols to minimize the impact of variations in test fuels.
    (1) For liquid fuels, determine the net energy content (Btu per
pound of fuel) according to ASTM D4809 or ASTM D240 (both incorporated
by reference in Sec.  1036.810) and carbon weight fraction
(dimensionless) of your test fuel according to ASTM D5291 (incorporated
by reference in Sec.  1036.810). (Note that we recommend using ASTM
D4809.) For gaseous fuels, use good engineering judgment to determine
the fuel's net energy content and carbon weight fraction. (Note: Net
energy content is also sometimes known as lower heating value.)
Calculate the test fuel's carbon-specific net energy content (Btu/lbC)
by dividing the net energy content by the carbon fraction, expressed to
at least five significant figures. You may perform these calculations
using SI units with the following conversion factors: one Btu equals
1055.06 Joules and one Btu/lb equals 0.0023260 MJ/kg.
    (2) If you control test fuel properties so that variations in the
actual carbon-specific energy content are the same as or smaller than
the repeatability of measuring carbon-specific energy content, you may
use a constant value equal to the average carbon-specific energy
content of your test fuel. Otherwise, use the measured value for the
specific test fuel used for a given test. If you use a constant value,
you must update or verify the value at least once per year, or after
changes in test fuel suppliers or specifications.
    (3) Calculate the adjustment factor for carbon-specific net energy
content by dividing the carbon-specific net energy content of your test
fuel by the reference level in the following table, expressed to at
least five decimal places. Note that as used in this section, the unit
lbC means pound of carbon and kgC means kilogram of carbon.

------------------------------------------------------------------------
                                             Reference       Reference
                                              carbon-         carbon-
                Fuel type                  specific net    specific net
                                          energy content  energy content
                                             (Btu/lbC)       (MJ/kgC)
------------------------------------------------------------------------
Diesel fuel.............................          21,200         49.3112
Gasoline................................          21,700         50.4742
Natural Gas.............................          28,500         66.2910
LPG.....................................          24,300         56.5218
------------------------------------------------------------------------

     (4) Your official emission result equals your calculated brake-
specific emission rate multiplied by the adjustment factor specified in
paragraph (b)(2) of this section. For example, if the net energy
content and carbon fraction of your diesel test fuel are 18,400 Btu/lb
and 0.870, the carbon-specific net energy content of the test fuel
would be 21,149 Btu/lbC. The adjustment factor in the example above
would be 0.99759 (21,149/21,200). If your brake-specific CO2
emission rate was 630.0 g/hp-hr, your official emission result would be
628.5 g/hp-hr.

Subpart G--Special Compliance Provisions

Sec.  1036.601  What compliance provisions apply to these engines?

    (a) Engine and equipment manufacturers, as well as owners,
operators, and rebuilders of engines subject to the requirements of
this part, and all other persons, must observe the provisions of this
part, the provisions of the Clean Air Act, and the following provisions
of 40 CFR part 1068:
    (1) The exemption and importation provisions of 40 CFR part 1068,
subparts C and D, apply for engines subject to this part 1036, except
that the hardship exemption provisions of 40 CFR 1068.245, 1068.250,
and 1068.255 do not apply for motor vehicle engines.
    (2) Manufacturers may comply with the defect reporting requirements
of 40 CFR 1068.501 instead of the defect reporting requirements of 40
CFR part 85.
    (b) Engines exempted from the applicable standards of 40 CFR part
86 are exempt from the standards of this part without request.

Sec.  1036.610  Innovative technology credits and adjustments for
reducing greenhouse gas emissions.

    (a) You may ask us to apply the provisions of this section for
CO2 emission reductions resulting from powertrain
technologies that were not in common use with heavy-duty vehicles
before model year 2010 that are not reflected in the specified test
procedure. We will apply these provisions only for technologies that
will result in a measurable, demonstrable, and verifiable real-world
CO2 reduction.
    (b) The provisions of this section may be applied as either an
improvement factor (used to adjust emission results) or as a separate
credit, consistent with good engineering judgment. We recommend that
you base your credit/adjustment on A to B testing of pairs of engines/
vehicles differing only with respect to the technology in question.
    (1) Calculate improvement factors as the ratio of in-use emissions
with the technology divided by the in-use emissions without the
technology. Adjust the emission results by multiplying by the
improvement factor. Use the improvement-factor approach where good
engineering judgment indicates that the actual benefit will be
proportional to emissions measured over the test procedures specified
in this part. For example, the benefits from technologies that reduce
engine operation would generally be proportional to the engine's
emission rate.
    (2) Calculate separate credits based on the difference between the
in-use emission rate (g/ton-mile) with the technology and the in-use
emission rate without the technology. Multiply this difference by the
number of engines, standard payload, and useful life. We may also allow
you to calculate the credits based on g/hp-hr emission rates. Use the
separate-credit approach where good engineering judgment indicates that
the actual benefit will not be proportional to emissions measured over
the test procedures specified in this part.
    (3) We may require you to discount or otherwise adjust your
improvement factor or credit to account for uncertainty or other
relevant factors.
    (c) Send your request to the Designated Compliance Officer. Include
a detailed description of the technology and a recommended test plan.
Also state whether you recommend applying these provisions using the
improvement-factor method or the separate-credit method. We recommend
that you do not begin collecting test data (for submission to EPA)
before contacting us. For technologies for which the vehicle
manufacturer could also claim credits (such as transmissions in certain
circumstances), we may require you to include a letter from the vehicle
manufacturer stating that it will not seek credits for the same
technology.
    (d) We may seek public comment on your request, consistent with the
provisions of 40 CFR 86.1866-12(d)(3). However, we will generally not
seek public comment on credits/adjustments based on A to B engine
dynamometer testing, chassis testing, or in-use testing.

Sec.  1036.615  Engines with Rankine cycle waste heat recovery and
hybrid powertrains.

    This section specifies how to generate advanced technology-specific
emission credits for hybrid powertrains that include energy storage
systems and regenerative braking (including regenerative engine
braking) and for engines that include Rankine-cycle (or other bottoming
cycle) exhaust energy recovery systems.
    (a) Hybrid powertrains. The following provisions apply for pre-
transmission and post-transmission hybrid powertrains:
    (1) Pre-transmission hybrid powertrains are those engine systems
that include features that recover and store energy during engine
motoring operation but not from the vehicle wheels. These powertrains
are tested using the hybrid engine test procedures of 40 CFR part 1065
or using the post-transmission test procedures in 40 CFR 1037.550.
    (2) Post-transmission hybrid powertrains are those powertrains that