to establish a stabilized low-hour emission level.
* * * * *
    (g) Retesting after invalid tests. You may retest an engine if you
determine an emission test is invalid under subpart F of this part.
Explain in your written report reasons for invalidating any test and
the emission results from all tests. If we determine that you
improperly invalidated a test, we may require you to ask for our
approval for future testing before substituting results of the new
tests for invalid ones.
    164. Section 1042.310 is amended by revising the section heading to
read as follows:

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

* * * * *
    165. Section 1042.315 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  1042.315  Determining compliance.

* * * * *

    (a) Calculate your test results as follows:
    (1) Initial and final test results. Calculate and round the test
results for each engine. If you do several tests on an engine,
calculate the initial results for each test, then add all the test
results together and divide by the number of tests. Round this final
calculated value for the final test results on that engine. Include the
Green Engine Factor to determine low-hour emission results, if
applicable.
    (2) Final deteriorated test results. Apply the deterioration factor
for the engine family to the final test results (see Sec.
1042.240(c)).
    (3) Round deteriorated test results. Round the results to the
number of decimal places in the emission standard expressed to one more
decimal place.
    (b) For Category 1 and Category 2 engines, if a production-line
engine fails to meet emission standards and you test two additional
engines as described in Sec.  1042.310, calculate the average emission
level for each pollutant for the three engines. If the calculated
average emission level for any pollutant exceeds the applicable
emission standard, the engine family fails the production-line testing
requirements of this subpart. Tell us within ten working days if this
happens. You may request to amend the application for certification to
raise the FEL of the engine family as described in Sec.  1042.225(f).
    166. Section 1042.320 is amended by revising paragraph (a)(2) to
read as follows:

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

    (a) * * *
    (2) Include the test results and describe the remedy for each
engine in the written report required under Sec.  1042.345.
* * * * *
    167. Section 1042.325 is amended by revising paragraph (e) to read
as follows:

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

* * * * *
    (e) You may request to amend the application for certification to
raise the FEL of the entire engine family before or after we suspend
your certificate as described in Sec.  1042.225(f). We will approve
your request if the failure is not caused by a defect and it is clear
that you used good engineering judgment in establishing the original
FEL.
    168. Section 1042.345 is amended by revising paragraphs (a)(6) and
(b) to read as follows:

Sec.  1042.345  Reporting.

    (a) * * *
    (6) Provide the test number; the date, time and duration of
testing; test procedure; all initial test results; final test results;
and final deteriorated test results for all tests. Provide the emission
results for all measured pollutants. Include information for both valid
and invalid tests and the reason for any invalidation.
* * * * *.
    (b) We may ask you to add information to your written report so we
can determine whether your new engines conform with the requirements of
this subpart. We may also ask you to send less information.
* * * * *
    169. Section 1042.350 is amended by revising paragraphs (b), (e),
and (f) to read as follows:

Sec.  1042.350  Recordkeeping.

* * * * *
    (b) Keep paper or electronic records of your production-line
testing for eight years after you complete all the testing required for
an engine family in a model year.
* * * * *
    (e) If we ask, you must give us a more detailed description of
projected or actual production figures for an engine family. We may ask
you to divide your production figures by maximum engine power,
displacement, fuel type, or assembly plant (if you produce engines at
more than one plant).
    (f) Keep records of the engine identification number for each
engine you produce under each certificate of conformity. You may
identify these numbers as a range. Give us these records within 30 days
if we ask for them.
* * * * *

Subpart F--[Amended]

    170. Section 1042.501 is amended by revising paragraphs (a) and (c)
and adding paragraph (g) to read as follows:

Sec.  1042.501  How do I run a valid emission test?

    (a) Use the equipment and procedures for compression-ignition
engines in 40 CFR part 1065 to determine whether engines meet the duty-
cycle emission standards in Sec.  1042.101 or 1042.104. Measure the
emissions of all regulated pollutants as specified in 40 CFR part 1065.
Use the applicable duty cycles specified in Sec.  1042.505.
* * * * *
    (c) Use the fuels and lubricants specified in 40 CFR part 1065,
subpart H, for all the testing we require in this part, except as
specified in this section and Sec.  1042.515.
    (1) For service accumulation, use the test fuel or any commercially
available fuel that is representative of the fuel that in-use engines
will use.
    (2) For diesel-fueled engines, use the appropriate diesel fuel
specified in 40 CFR part 1065, subpart H, for emission testing. Unless
we specify otherwise, the appropriate diesel test fuel for Category 1
and Category 2 engines is the ultra low-sulfur diesel fuel. If we allow
you to use a test fuel with higher sulfur levels, identify the test
fuel in your application for certification. Unless we specify
otherwise, the appropriate diesel test fuel for Category 3 engines is
the high-sulfur diesel fuel. For Category 2 and Category 3 engines, you
may ask to use commercially available diesel fuel similar but not
necessarily identical to the applicable fuel specified in 40 CFR part
1065, subpart H; we will approve your request if you show us that it
does not affect your ability to demonstrate compliance with the
applicable emission standards.
    (3) For Category 1 and Category 2 engines that are expected to use
a type of fuel (or mixed fuel) other than diesel fuel (such as natural
gas, methanol, or residual fuel), use a commercially available fuel of
that type for emission testing. If a given engine is designed to
operate on different fuels, we may (at our discretion) require testing
on each fuel. Propose test fuel specifications that take into account
the engine design and the properties of commercially available fuels.
Describe these test fuel specifications in the application for
certification.
* * * * *
    (g) For Category 3 engines, you may submit test data for
NOX, HC, and CO emissions that were collected as specified
in the Annex VI Technical Code instead of test data collected as
specified in 40 CFR part 1065. We may require you to include a brief
engineering analysis showing how these data demonstrate that your
engines would meet the applicable emission standards if you had used
the test procedures specified in 40 CFR part 1065.
    171. Section 1042.505 is amended by revising paragraph (b)
introductory text to read as follows:

Sec.  1042.505  Testing engines using discrete-mode or ramped-modal
duty cycles.

* * * * *
    (b) Measure emissions by testing the engine on a dynamometer with
one of the following duty cycles (as specified) to determine whether it
meets the

emission standards in Sec.  1042.101 or 1042.104:
* * * * *
    172. Section 1042.525 is amended by revising paragraph (b) and
adding paragraph (g) to read as follows:

Sec.  1042.525  How do I adjust emission levels to account for
infrequently regenerating aftertreatment devices?

* * * * *
    (b) Calculating average adjustment factors. Calculate the average
adjustment factor (EFA) based on the following equation: EFA = (F)(EFH)
+ (1 - F)(EFL)

    Where:
    F = the frequency of the regeneration event during normal in-use
operation, expressed in terms of the fraction of equivalent tests
during which the regeneration occurs. You may determine F from in-
use operating data or running replicate tests. For example, if you
observe that the regeneration occurs 125 times during 1000 MW-hrs of
operation, and your engine typically accumulates 1 MW-hr per test, F
would be (125) / (1000) / (1) = 0.125. No further adjustments,
including weighting factors, may be applied to F.
    EFH = Measured emissions from a test segment in which the
regeneration occurs.
    EFL = Measured emissions from a test segment in which the
regeneration does not occur.

\* * * * *
    (g) Category 3 engines. We may specify an alternate methodology to
account for regeneration events from Category 3 engines. If we do not,
the provisions of this section apply as specified.

Subpart G--[Amended]

    173. Section 1042.601 is amended by revising paragraph (b) and
adding paragraphs (g) and (h) to read as follows:

Sec.  1042.601  General compliance provisions for marine engines and
vessels.

* * * * *
    (b) Subpart I of this part describes how the prohibitions of 40 CFR
1068.101(a)(1) apply for certain remanufactured engines. The provisions
of 40 CFR 1068.105 do not allow the installation of a new
remanufactured engine in a vessel that is defined as a new vessel
unless the remanufactured engine is subject to the same standards as
the standards applicable to freshly manufactured engines of the
required model year.
* * * * *
    (g) The selective enforcement audit provisions of 40 CFR part 1068
do not apply for Category 3 engines.
    (h) The defect reporting requirements of 40 CFR 1068.501 apply for
Category 3 engines, except the threshold for filing a defect report is
two.
    174. Section 1042.605 is amended by revising paragraph (a) to read
as follows:

Sec.  1042.605  Dressing engines already certified to other standards
for nonroad or heavy-duty highway engines for marine use.

    (a) General provisions. If you are an engine manufacturer
(including someone who marinizes a land-based engine), this section
allows you to introduce new marine engines into U.S. commerce if they
are already certified to the requirements that apply to compression-
ignition engines under 40 CFR parts 85 and 86 or 40 CFR part 89, 92,
1033, or 1039 for the appropriate model year. If you comply with all
the provisions of this section, we consider the certificate issued
under 40 CFR part 86, 89, 92, 1033, or 1039 for each engine to also be
a valid certificate of conformity under this part 1042 for its model
year, without a separate application for certification under the
requirements of this part 1042. This section does not apply for
Category 3 engines.
* * * * *
    175. Section 1042.610 is amended by revising the introductory text
to read as follows:

Sec.  1042.610  Certifying auxiliary marine engines to land-based
standards.

    This section applies to auxiliary marine engines that are identical
to certified land-based engines. See Sec.  1042.605 for provisions that
apply to propulsion marine engines or auxiliary marine engines that are
modified for marine applications. This section does not apply for
Category 3 engines.
* * * * *
    176. Section 1042.615 is amended by revising the introductory text
to read as follows:

Sec.  1042.615  Replacement engine exemption.

    For Category 1 and Category 2 replacement engines, apply the
provisions of 40 CFR 1068.240 as described in this section. New
Category 3 engines are not eligible for the replacement-engine
exemption.
* * * * *
    177. Section 1042.620 is revised to read as follows:

Sec.  1042.620  Engines used solely for competition.

    The provisions of this section apply for new engines and vessels
built on or after January 1, 2009.
    (a) We may grant you an exemption from the standards and
requirements of this part for a new engine on the grounds that it is to
be used solely for competition. The requirements of this part, other
than those in this section, do not apply to engines that we exempt for
use solely for competition.
    (b) We will exempt engines that we determine will be used solely
for competition. The basis of our determination is described in
paragraphs (c) and (d) of this section. Exemptions granted under this
section are good for only one model year and you must request renewal
for each subsequent model year. We will not approve your renewal
request if we determine the engine will not be used solely for
competition.
    (c) Engines meeting all the following criteria are considered to be
used solely for competition:
    (1) Neither the engine nor any vessels containing the engine may be
displayed for sale in any public dealership or otherwise offered for
sale to the general public. Note that this does not preclude display of
these engines as long as they are not available for sale to the general
public.
    (2) Sale of the vessel in which the engine is installed must be
limited to professional racing teams, professional racers, or other
qualified racers. For replacement engines, the sale of the engine
itself must be limited to professional racing teams, professional
racers, other qualified racers, or to the original vessel manufacturer.
    (3) The engine and the vessel in which it is installed must have
performance characteristics that are substantially superior to
noncompetitive models.
    (4) The engines are intended for use only as specified in paragraph
(e) of this section.
    (d) You may ask us to approve an exemption for engines not meeting
the criteria listed in paragraph (c) of this section as long as you
have clear and convincing evidence that the engines will be used solely
for competition.
    (e) Engines are considered to be used solely for competition only
if their use is limited to competition events sanctioned by the U.S.
Coast Guard or another public organization with authorizing permits for
participating competitors. Operation of such engines may include only
racing events, trials to qualify for racing events, and practice
associated with racing events. Authorized attempts to set speed records
are also considered racing events. Engines will not be considered to be
used solely for competition if they are ever used for any recreational
or other noncompetitive purpose. Use of exempt engines in any
recreational events, such as poker runs and

lobsterboat races, is a violation of 40 CFR 1068.101(b)(4).
    (f) You must permanently label engines exempted under this section
to clearly indicate that they are to be used only for competition.
Failure to properly label an engine will void the exemption for that
engine.
    (g) If we request it, you must provide us any information we need
to determine whether the engines are used solely for competition. This
would include documentation regarding the number of engines and the
ultimate purchaser of each engine as well as any documentation showing
a vessel manufacturer's request for an exempted engine. Keep these
records for five years.
    178. Section 1042.625 is amended by adding introductory text to
read as follows:

Sec.  1042.625  Special provisions for engines used in emergency
applications.

    This section describes an exemption that is available for certain
Category 1 and Category 2 engines. This exemption is not available for
Category 3 engines.
* * * * *
    179. Section 1042.630 is amended by revising the introductory text
to read as follows:

Sec.  1042.630  Personal-use exemption.

    This section applies to individuals who manufacture vessels for
personal use with used engines. If you and your vessel meet all the
conditions of this section, the vessel and its engine are considered to
be exempt from the standards and requirements of this part that apply
to new engines and new vessels. The prohibitions in Sec.
1068.101(a)(1) do not apply to engines exempted under this section. For
example, you may install an engine that was not certified as a marine
engine.
* * * * *
    180. Section 1042.635 is amended by revising paragraph (a) to read
as follows:

Sec.  1042.635  National security exemption.

* * * * *
    (a) An engine is exempt without a request if it will be used or
owned by an agency of the Federal government responsible for national
defense, where the vessel in which it is installed has armor,
permanently attached weaponry, specialized electronic warfare systems,
unique stealth performance requirements, and/or unique combat
maneuverability requirements. This applies to both remanufactured and
freshly manufactured marine engines. Gas turbine engines are also
exempt without a request if they will be owned by an agency of the
Federal government responsible for national defense.
* * * * *
    181. Section 1042.650 is amended by revising the introductory text
to read as follows:

Sec.  1042.650  Migratory vessels.

    The provisions of this section address concerns for vessel owners
related to extended use of vessels with Tier 4 engines outside the
United States where ultra low-sulfur diesel fuel is not available. The
provisions of this section apply for Category 1 and Category 2 engines,
including auxiliary engines installed on vessels with Category 3
propulsion engines. These provisions do not apply for any Category 3
engines.
* * * * *
    182. A new Sec.  1042.655 is added to subpart G to read as follows:

Sec.  1042.655  Special certification provisions for catalyst-equipped
Category 3 engines.

    This section describes an optional approach for demonstrating for
certification that catalyst-equipped engines comply with applicable
emission standards.
    (a) Eligibility. You may use the provisions of this section without
our prior approval to demonstrate that catalyst-equipped Category 3
engines meet the Tier 3 standards. In unusual circumstances, we may
also allow you to use this approach to demonstrate that catalyst-
equipped Category 2 engines meet the Tier 4 standards. We will
generally approve this for Category 2 engines only if the engines are
too large to be practically tested in a laboratory with a fully
assembled catalyst system. If we approve this approach for a Category 2
engine, interpret references to Tier 3 in this section to mean Tier 4,
and interpret references to Tier 2 in this section to mean Tier 3.
    (b) Required testing. The emission-data engine must be tested as
specified in Subpart F to verify that the engine-out emissions comply
with the Tier 2 standards. The catalyst material must be tested under
conditions that accurately represent actual engine conditions for the
test points. This catalyst testing may be performed on a benchscale.
    (c) Engineering analysis. Include with your application a detailed
engineering analysis describing how the test data collected for the
engine and catalyst material demonstrate that all engines in the family
will meet all applicable emission standards. We may require that you
submit this analysis separately from your application, or that you
obtain preliminary approval under Sec.  1042.210.
    (d) Verification. You must verify your design by testing a complete
production engine with installed catalysts in the final assembled
configuration. Unless we specify otherwise, do this by complying with
production-line testing requirements of subpart D of this part.
    (e) Other requirements. All other requirements of this part,
including the non-testing requirements for certification, apply for
these engines.
    183. Section 1042.660 is revised to read as follows:

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

    (a) For vessels equipped with emission controls requiring the use
of specific fuels, lubricants, or other fluids, owners and operators
must comply with the manufacturer/remanufacturer's specifications for
such fluids when operating the vessels. Failure to comply with the
requirements of this paragraph is a violation of 40 CFR 1068.101(b)(1).
For marine vessels containing Category 3 engines that are excluded from
the requirements of 40 CFR part 1043 because they operate only
domestically, it is also a violation of 40 CFR 1068.101(b)(1) to
operate the vessel using residual fuel. Note that 40 CFR part 80 also
includes provisions that restrict the use of certain fuels by certain
marine engines.
    (b) For vessels equipped with SCR systems requiring the use of urea
or other reductants, owners and operators must report to us within 30
days any operation of such vessels without the appropriate reductant.
Failure to comply with the requirements of this paragraph is a
violation of 40 CFR 1068.101(a)(2). Note that such operation is a
violation of 40 CFR 1068.101(b)(1).
    (c) The provisions of this paragraph (c) apply for marine vessels
containing Category 3 engines.
    (1) All maintenance, repair, adjustment, and alteration of Category
3 engines subject to the provisions of this part performed by any
owner, operator or other maintenance provider must be performed using
good engineering judgment, in such a manner that the engine continues
(after the maintenance, repair, adjustment or alteration) to meet the
emission standards it was certified as meeting prior to the need for
service. This includes but is not limited to complying with the
maintenance instructions described in Sec.  1042.125. Adjustments are
limited to the range specified by the engine manufacturer in the
approved application for certification.
    (2) It is a violation of 40 CFR 1068.101(b)(1) to operate the
vessel with the engine adjusted outside of the

specified adjustable range. Each two hour period of such operation
constitutes a separate offense. A violation lasting less than two hours
constitutes a single offense.
    (3) The owner and operator of the engine must maintain on board the
vessel records of all maintenance, repair, and adjustment that could
reasonably affect the emission performance of any engine subject to the
provision of this part. Owners and operators must also maintain, on
board the vessel, records regarding certification, parameter
adjustment, and fuels used. For engines that are automatically adjusted
electronically, all adjustments must be logged automatically. Owners
and operators must make these records available to EPA upon request.
These records must include the following:
    (i) The Technical File, Record Book of Engine Parameters, and
bunker delivery notes that are required by the Annex VI Technical Code
(incorporated by reference in Sec.  1042.910). This file must be
transferred to subsequent purchasers in the event of a sale of the
engine or vessel.
    (ii) Specific descriptions of engine maintenance, repair,
adjustment, and alteration (including rebuilding). The descriptions
must include at least the date, time, and nature of the maintenance,
repair, adjustment, or alteration and the position of the vessel when
the maintenance, repair, adjustment, or alteration was made.
    (iii) Emission-related maintenance instructions provided by the
manufacturer. These instructions must be transferred to subsequent
purchasers in the event of a sale of the engine or vessel.
    (4) Owners and operators of engines equipped with on-off emission
controls must comply with the requirements of this paragraph (c)(4)
whenever a malfunction of the emission controls is indicated as
specified in Sec.  1042.110(d). You must determine the cause of the
malfunction and remedy it consistent with paragraph (c)(1) of this
section. See paragraph (b) of this section if the malfunction is due to
either a lack of reductant or inadequate reductant quality. If the
malfunction occurs during the useful life, report the malfunction to
the certificate holder for investigation and compliance with defect
reporting requirements of 40 CFR 1068.501 (unless the malfunction is
due to operation without adequate urea or other malmaintenance).
    (d) For each marine vessel containing a Category 3 engine, the
owner must annually review the vessel's records and submit to EPA a
signed statement certifying compliance during the preceding year with
the requirements of this part that are applicable to owners and
operators of such vessels. Alternately, if review of the vessel's
records indicates that there has been one or more violations of the
requirements of this part, the owner must submit to EPA a signed
statement specifying the noncompliance, including the nature of the
noncompliance, the time of the noncompliance, and any efforts made to
remedy the noncompliance. The statement of compliance (or
noncompliance) required by this paragraph must be signed by the
executive with responsibility for marine activities of the owner. If
the vessel is operated by a different business entity than the vessel
owner, the reporting requirements of this paragraph (e) apply to both
the owner and the operator. Compliance with these review and
certification requirements by either the vessel owner or the vessel
operator with respect to a compliance statement will be considered
compliance with these requirements by both of these parties for that
compliance statement. The executive(s) may authorize a captain or other
primary operator to conduct this review and submit the certification,
provided that the certification statement is accompanied by written
authorization for that individual to submit such statements. The
Administrator may waive the requirements of this paragraph when
equivalent assurance of compliance is otherwise available.
    (e) Manufacturers, owners and operators must allow emission tests
and inspections required by this part to be conducted and must provide
reasonable assistance to perform such tests or inspections.
    184. A new Sec.  1042.670 is added to subpart G to read as follows:

Sec.  1042.670  Special provisions for gas turbine engines.

    The provisions of this section apply for gas turbine engines.
    (a) Special test procedures. Manufacturers seeking certification of
gas turbine engines must obtain preliminary approval of the test
procedures to be used, consistent with Sec.  1042.210 and 40 CFR
1065.10.
    (b) Remanufacturing. The requirements of subpart I of this part do
not apply for gas turbine engines.
    (c) Equivalent displacement. Apply displacement-based provisions of
this part by calculating an equivalent displacement from the maximum
engine power. The equivalent per-cylinder displacement (in liters)
equals the maximum engine power in kW multiplied by 0.00311, except
that all gas turbines with maximum engine power above 9,300 kW are
considered to have an equivalent per-cylinder displacement of 29.0
liters.
    (d) Emission-related components. All components meeting the
criteria of 40 CFR 1068.501(a)(1) are considered to be emission-related
components with respect to maintenance, warranty, and defect reporting
for gas turbine engines.
    (e) Engines used for national defense. See Sec.  1042.635 for
provisions related to exempting gas turbine engines used for national
defense.

Subpart H--[Amended]

    185. Section 1042.701 is amended by adding introductory text to
read as follows:

Sec.  1042.701  General provisions.

    This subpart describes how you may use emission credits to
demonstrate that Category 1 and Category 2 engines comply with emission
standards under this part. The provisions of this subpart do not apply
for Category 3 engines.
* * * * *
    186. Section 1042.705 is amended by revising paragraph (a) before
the equation to read as follows:

Sec.  1042.705  Generating and calculating emission credits.

* * * * *
    (a) For each participating family, calculate positive or negative
emission credits relative to the otherwise applicable emission
standard. Calculate positive emission credits for a family that has an
FEL below the standard. Calculate negative emission credits for a
family that has an FEL above the standard. Sum your positive and
negative credits for the model year before rounding. Round the sum of
emission credits to the nearest kilogram (kg) using consistent units
throughout the following equation:
* * * * *
    187. Section 1042.715 is revised to read as follows:

Sec.  1042.715  Banking emission credits.

    (a) Banking is the retention of emission credits by the
manufacturer generating the emission credits for use in future model
years for averaging or trading.
    (b) You may designate any emission credits you plan to bank in the
reports you submit under Sec.  1042.730. During the model year and
before the due date for the final report, you may designate your
reserved emission credits for averaging or trading.
    (c) Reserved credits become actual emission credits when you submit
your

final report. However, we may revoke these emission credits if we are
unable to verify them after reviewing your reports or auditing your
records.
    188. Section 1042.720 is amended by revising paragraph (b) to read
as follows:

Sec.  1042.720  Trading emission credits.

* * * * *
    (b) You may trade actual emission credits as described in this
subpart. You may also trade reserved emission credits, but we may
revoke these emission credits based on our review of your records or
reports or those of the company with which you traded emission credits.
You may trade banked credits within an averaging set to any certifying
manufacturer.
* * * * *
    189. Section 1042.725 is amended by revising paragraph (b)(2) to
read as follows:

Sec.  1042.725  Information required for the application for
certification.

* * * * *
    (b) * * *
    (2) Detailed calculations of projected emission credits (positive
or negative) based on projected production volumes. We may require you
to include similar calculations from your other engine families to
demonstrate that you will be able to avoid a negative credit balance
for the model year. If you project negative emission credits for a
family, state the source of positive emission credits you expect to use
to offset the negative emission credits.
    190. Section 1042.730 is amended by revising paragraphs (b)(3) and
(b)(5) to read as follows:

Sec.  1042.730  ABT reports.

* * * * *
    (b) * * *
    (3) The FEL for each pollutant. If you change the FEL after the
start of production, identify the date that you started using the new
FEL and/or give the engine identification number for the first engine
covered by the new FEL. In this case, identify each applicable FEL and
calculate the positive or negative emission credits under each FEL.
* * * * *
    (5) Maximum engine power for each engine configuration, and the
average engine power weighted by U.S.-directed production volumes for
the engine family.
* * * * *
    191. Section 1042.735 is amended by revising paragraphs (b), (d),
and (e) to read as follows:

Sec.  1042.735  Recordkeeping.

* * * * *
    (b) Keep the records required by this section for at least eight
years after the due date for the end-of-year report. You may not use
emission credits for any engines if you do not keep all the records
required under this section. You must therefore keep these records to
continue to bank valid credits. Store these records in any format and
on any media as long as you can promptly send us organized, written
records in English if we ask for them. You must keep these records
readily available. We may review them at any time.
* * * * *
    (d) Keep records of the engine identification number for each
engine you produce that generates or uses emission credits under the
ABT program. You may identify these numbers as a range. If you change
the FEL after the start of production, identify the date you started
using each FEL and the range of engine identification numbers
associated with each FEL. You must also be able to identify the
purchaser and destination for each engine you produce.
    (e) We may require you to keep additional records or to send us
relevant information not required by this section in accordance with
the Clean Air Act.

Subpart I--[Amended]

    192. Section 1042.801 is amended by revising the introductory text
and paragraph (a) to read as follows:

Sec.  1042.801  General provisions.

    This subpart describes how the provisions of this part 1042 apply
for certain remanufactured marine engines.
    (a) The requirements of this subpart apply for remanufactured Tier
2 and earlier commercial Category 1 and Category 2 marine engines at or
above 600 kW, excluding those engines originally manufactured before
1973. Note that the requirements of this subpart do not apply for
engines below 600 kW, Category 3 engines, engines installed on
recreational vessels, or Tier 3 and later engines.
* * * * *
    193. Section 1042.836 is amended by revising the introductory text
and paragraphs (a) introductory text, and (c) to read as follows:

Sec.  1042.836  Marine certification of locomotive remanufacturing
systems.

    If you certify a Tier 0, Tier 1, or Tier 2 remanufacturing system
for locomotives under 40 CFR part 1033, you may also certify the system
under this part 1042, according to the provisions of this section. Note
that in certain cases before 2013, locomotives may be certified under
40 CFR part 1033 to the standards of 40 CFR part 92.
    (a) Include the following with your application for certification
under 40 CFR part 1033 (or as an amendment to your application):
* * * * *
    (c) Systems certified to the standards of 40 CFR part 92 are
subject to the following restrictions:
    (1) Tier 0 locomotives systems may not be used for any Category 1
engines or Tier 1 or later Category 2 engines.
    (2) Where systems certified to the standards of 40 CFR part 1033
are also available for an engine, you may not use a system certified to
the standards of 40 CFR part 92.
    194. Section 1042.850 is amended by revising paragraph (c) to read
as follows:

Sec.  1042.850  Exemptions and hardship relief.

* * * * *
    (c) If you believe that a remanufacturing system that we identified
as being available cannot be installed without significant modification
of your vessel, you may ask us to determine that a remanufacturing
system is not considered available for your vessel because the cost
would exceed the total marginal cost threshold in Sec.  1042.815(a)(2).
* * * * *

Subpart J--[Amended]

    195. Section 1042.901 is amended by revising the definitions for
``Annex VI Technical Code'', ``Carryover'', ``Category 1'', ``Category
2'', ``Category 3'', ``Compression-ignition'', ``Deterioration
factor'', ``Hydrocarbon (HC)'', ``Model year'', ``New marine engine'',
``Residual fuel'', ``Small-volume boat builder'', ``Small-volume engine
manufacturer'', ``Tier 2'', ``Tier 3'', ``Total hydrocarbon'', ``Total
hydrocarbon equivalent'', and ``Useful life'' and adding new
definitions for ``Alcohol-fueled engine'', ``Annex VI'', ``Date of
manufacture'', ``Emission control area (ECA)'', ``Gas turbine engine'',
and ``Maximum in-use engine speed'' in alphabetical order to read as
follows:

Sec.  1042.901  Definitions.

* * * * *
    Alcohol-fueled engine means an engine that is designed to run using
an alcohol fuel. For purposes of this definition, alcohol fuels do not
include fuels with a nominal alcohol content below 25 percent by
volume.
* * * * *
    Annex VI means MARPOL Annex VI, which is an annex to the
International

Convention on the Prevention of Pollution from Ships, 1973, as modified
by the protocol of 1978 relating thereto.
    Annex VI Technical Code or NOX Technical Code means the
``Technical Code on Control of Emission of Nitrogen Oxides from Marine
Diesel Engines, 2008'' adopted by the International Maritime
Organization (incorporated by reference in Sec.  1042.910).
* * * * *
    Carryover means relating to certification based on emission data
generated from an earlier model year as described in Sec.  1042.235(d).
This generally requires that the engines in the engine family do not
differ in any aspect related to emissions.
    Category 1 means relating to a marine engine with specific engine
displacement below 7.0 liters per cylinder. See Sec.  1042.670 to
determine equivalent per-cylinder displacement for nonreciprocating
marine engines (such as gas turbine engines).
    Category 2 means relating to a marine engine with a specific engine
displacement at or above 7.0 liters per cylinder but less than 30.0
liters per cylinder. See Sec.  1042.670 to determine equivalent per-
cylinder displacement for nonreciprocating marine engines (such as gas
turbine engines).
    Category 3 means relating to a reciprocating marine engine with a
specific engine displacement at or above 30.0 liters per cylinder.
* * * * *
    Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine. Note
that certain other marine engines (such as those powered by natural gas
with maximum engine power at or above 250 kW) are deemed to be
compression-ignition engines in Sec.  1042.1.
* * * * *
    Date of manufacture has the meaning given in 40 CFR 1068.30.
* * * * *
    Deterioration factor means the relationship between emissions at
the end of useful life and emissions at the low-hour test point (see
Sec. Sec.  1042.240 and 1042.245), expressed in one of the following
ways:
    (1) For multiplicative deterioration factors, the ratio of
emissions at the end of useful life to emissions at the low-hour test
point.
    (2) For additive deterioration factors, the difference between
emissions at the end of useful life and emissions at the low-hour test
point.
* * * * *
    Emission control area (ECA) means an area designated by IMO as an
Emission Control Area. Note that this designation is made by amendment
to MARPOL Annex VI.
* * * * *
    Gas turbine engine has the meaning given in 40 CFR 1068.30. In
general, this means anything commercially known as a gas turbine
engine. It does not include external combustion steam engines.
* * * * *
    Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type, as described in Sec.
1042.101(d) and Sec.  1042.104(a).
* * * * *
    Maximum in-use engine speed has the meaning given in Sec.
1042.140.
* * * * *
    Model year means one of the following things:
    (1) For freshly manufactured marine engines (see definition of
``new marine engine,'' paragraph (1)), model year means one of the
following:
    (i) Calendar year.
    (ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year. For seasonal production periods not including
January 1, model year means the calendar year in which the production
occurs, unless you choose to certify the applicable engine family with
the following model year. For example, if your production period is
June 1, 2010 through November 30, 2010, your model year would be 2010
unless you choose to certify the engine family for model year 2011.
    (2) For an engine that is converted to a marine engine after being
certified and placed into service as a motor vehicle engine, a nonroad
engine that is not a marine engine, or a stationary engine, model year
means the calendar year in which the engine was originally produced.
For an engine that is converted to a marine engine after being placed
into service as a motor vehicle engine, a nonroad engine that is not a
marine engine, or a stationary engine without having been certified,
model year means the calendar year in which the engine becomes a new
marine engine. (see definition of ``new marine engine,'' paragraph
(2)).
    (3) [Reserved]
    (4) For engines that are not freshly manufactured but are installed
in new vessels, model year means the calendar year in which the engine
is installed in the new vessel (see definition of ``new marine
engine,'' paragraph (4)).
    (5) For imported engines:
    (i) For imported engines described in paragraph (5)(i) of the
definition of ``new marine engine,'' model year has the meaning given
in paragraphs (1) through (4) of this definition.
    (ii) For imported engines described in paragraph (5)(ii) of the
definition of ``new marine engine,'' model year means the calendar year
in which the engine is modified.
    (iii) For imported engines described in paragraph (5)(iii) of the
definition of ``new marine engine,'' model year means the calendar year
in which the engine is assembled in its imported configuration, unless
specified otherwise in this part or in 40 CFR part 1068. (6) For
freshly manufactured vessels, model year means the calendar year in
which the keel is laid or the vessel is at a similar stage of
construction. For vessels that become new under paragraph (2) of the
definition of ``new vessel'' (as a result of modifications), model year
means the calendar year in which the modifications physically begin.
    (7) For remanufactured engines, model year means the calendar year
in which the remanufacture takes place.
* * * * *
    New marine engine means any of the following things:
    (1) A freshly manufactured marine engine for which the ultimate
purchaser has never received the equitable or legal title. This kind of
engine might commonly be thought of as ``brand new.'' In the case of
this paragraph (1), the engine is new from the time it is produced
until the ultimate purchaser receives the title or the product is
placed into service, whichever comes first.
    (2) An engine originally manufactured as a motor vehicle engine, a
nonroad engine that is not a marine engine, or a stationary engine that
is later used or intended to be used as a marine engine. In this case,
the engine is no longer a motor vehicle, nonmarine, or stationary
engine and becomes a ``new marine engine.'' The engine is no longer new
when it is placed into marine service as a marine engine. This
paragraph (2) applies for engines we exclude under Sec.  1042.5, where
that engine is later installed as a marine engine in a vessel that is
covered by this part 1042. For example, this would apply to an engine
that is no longer used in a foreign vessel.
    (3) [Reserved]
    (4) An engine not covered by paragraphs (1) through (3) of this

definition that is intended to be installed in a new vessel. This
generally includes installation of used engines in new vessels. The
engine is no longer new when the ultimate purchaser receives a title
for the vessel or it is placed into service, whichever comes first.
    (5) A remanufactured marine engine. An engine becomes new when it
is remanufactured (as defined in this section) and ceases to be new
when placed back into service.
    (6) An imported marine engine, subject to the following provisions:
    (i) An imported marine engine covered by a certificate of
conformity issued under this part that meets the criteria of one or
more of paragraphs (1) through (4) of this definition, where the
original engine manufacturer holds the certificate, is new as defined
by those applicable paragraphs.
    (ii) An imported remanufactured engine that would have been
required to be certified if it had been remanufactured in the United
States.
    (iii) An imported engine that will be covered by a certificate of
conformity issued under this part, where someone other than the
original engine manufacturer holds the certificate (such as when the
engine is modified after its initial assembly), is a new marine engine
when it is imported. It is no longer new when the ultimate purchaser
receives a title for the engine or it is placed into service, whichever
comes first.
    (iv) An imported marine engine that is not covered by a certificate
of conformity issued under this part at the time of importation is new,
but only if it was produced on or after the dates shown in the
following table. This addresses uncertified engines and vessels
initially placed into service that someone seeks to import into the
United States. Importation of this kind of engine (or vessel containing
such an engine) is generally prohibited by 40 CFR part 1068.

                   Applicability of Emission Standards for Compression-Ignition Marine Engines
----------------------------------------------------------------------------------------------------------------
                                                                                Initial
                                                                         Per-cylinder displacement    model year
         Engine category and type                  Power  (kW)                    (L/cyl)            of emission
                                                                                standards
----------------------------------------------------------------------------------------------------------------
Category 1...............................  P < 19.....................  All........................         2000
Category 1...............................  19 <= P < 37...............  All........................         1999
Category 1, Recreational.................  P >= 37....................  disp. < 0.9................         2007
Category 1, Recreational.................  All........................  0.9 <= disp. < 2.5.........         2006
Category 1, Recreational.................  All........................  disp. >= 2.5...............         2004
Category 1, Commercial...................  P >= 37....................  disp. < 0.9................         2005
Category 1, Commercial...................  All........................  disp. >= 0.9...............         2004
Category 2 and Category 3................  All........................  disp. >= 5.0...............         2004
----------------------------------------------------------------------------------------------------------------

* * * * *
    Residual fuel means any fuel with a T90 greater than 700
[deg]F as measured with the distillation test method specified in 40
CFR 1065.1010. This generally includes all RM grades of marine fuel
without regard to whether they are known commercially as residual fuel.
For example, fuel marketed as intermediate fuel may be residual fuel.
* * * * *
    Small-volume boat builder means a boat manufacturer with fewer than
500 employees and with annual worldwide production of fewer than 100
boats. For manufacturers owned by a parent company, these limits apply
to the combined production and number of employees of the parent
company and all its subsidiaries. Manufacturers that produce vessels
with Category 3 engines are not small-volume boat builders.
    Small-volume engine manufacturer means a manufacturer of Category 1
and/or Category 2 engines with annual worldwide production of fewer
than 1,000 internal combustion engines (marine and nonmarine). For
manufacturers owned by a parent company, the limit applies to the
production of the parent company and all its subsidiaries.
Manufacturers that certify or produce any Category 3 engines are not
small-volume engine manufacturers.
* * * * *
    Tier 2 means relating to the Tier 2 emission standards, as shown in
Sec.  1042.104 and Appendix I.
    Tier 3 means relating to the Tier 3 emission standards, as shown in
Sec.  1042.101 and Sec.  1042.104.
* * * * *
    Total hydrocarbon has the meaning given in 40 CFR 1065.1001. This
generally means the combined mass of organic compounds measured by the
specified procedure for measuring total hydrocarbon, expressed as a
hydrocarbon with a hydrogen-to-carbon mass ratio of 1.85:1.
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001. This generally means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon mass ratio of the equivalent
hydrocarbon is 1.85:1.
* * * * *
    Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. It is the period during which an
engine is required to comply with all applicable emission standards.
See Sec. Sec.  1042.101(e) and 1042.104(d).
    196. Section 1042.905 is amended by adding the acronym ``IMO'' in
alphabetical order to read as follows:

Sec.  1042.905  Symbols, acronyms, and abbreviations.

* * * * *

------------------------------------------------------------------------

------------------------------------------------------------------------

                                * * * * *
IMO.......................................  International Maritime
                                             Organization.

                                * * * * *
------------------------------------------------------------------------

    197. Section 1042.910 is revised to read as follows:

Sec.  1042.910  Reference materials.

    Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information

Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460 or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (a) IMO material. Table 1 to this section lists material from the
International Maritime Organization that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the section of this part where we reference it.
Anyone may purchase copies of these materials from the International
Maritime Organization, 4 Albert Embankment, London SE1 7SR, United
Kingdom or http://www.imo.org. Table 1 follows:

                Table 1 to Sec.   1042.910--IMO Materials
------------------------------------------------------------------------
                                                              Part 1042
                  Document number and name                    reference
------------------------------------------------------------------------
Resolutions of the 1997 MARPOL Conference: Resolution 2--       1042.901
 Technical Code on Control of Emission of Nitrogen Oxides
 from Marine Diesel Engines, 2008..........................
------------------------------------------------------------------------

     (b) [Reserved]
    198. Appendix I to part 1042 is amended by revising paragraphs
(b)(2) introductory text and (b)(3) to read as follows:

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

* * * * *
    (b) * * *
    (2) Tier 2 primary standards. Exhaust emissions from Category 1
engines at or above 37 kW and all Category 2 engines may not exceed
the values shown in the following table:
* * * * *
    (3) Tier 2 supplemental standards. The not-to-exceed emission
standards specified in 40 CFR 94.8(e) apply for all engines subject
to the Tier 2 standards described in paragraph (b)(2) of this
appendix.

    199. A new part 1043 is added to subchapter U to read as follows:

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

Sec.
1043.1 Overview.
1043.5 Effective dates.
1043.10 Applicability.
1043.20 Definitions.
1043.30 General requirements.
1043.40 EIAPP certificates.
1043.41 EIAPP certification process.
1043.50 Approval of methods to meet Tier 1 retrofit NOX
standards.
1043.60 Operating requirements for engines and vessels subject to
this part.
1043.70 General recordkeeping and reporting requirements.
1043.80 Recordkeeping and reporting requirements for fuel suppliers.
1043.90 Emission Control Areas. [Reserved]

    Authority:  33 U.S.C. 1901-1915.

Sec.  1043.1  Overview.

    The Act to Prevent Pollution from Ships (APPS) requires engine
manufacturers, owners and operators of vessels, and other persons to
comply with Annex VI of the MARPOL Protocol. This part implements
portions of APPS as it relates to Regulations 13, 14 and 18 of Annex
VI. These regulations clarify the application of some Annex VI
provisions; provide procedures and criteria for the issuance of EIAPP
certificates; and specify requirements applicable to ships that are not
registered by Parties to Annex VI. Additional regulations may also
apply with respect to the MARPOL Protocol, such as those issued by the
U.S. Coast Guard in 33 CFR part 151.
    (a) The general requirements for non-public U.S.-flagged and other
Party vessels are specified in Annex VI, as implemented by 33 U.S.C.
1901-1915. These requirements apply to engine manufacturers, owners and
operators of vessels, and other persons.
    (b) The provisions of this part specify how Regulations 13, 14 and
18 of Annex VI, as implemented by 33 U.S.C. 1901-1915 will be applied
to public vessels and U.S.-flagged vessels that operate only
domestically. This Part also describes where the requirements of
Regulation 13.5.1 of Annex VI and Regulation 14.4 of Annex VI will
apply.
    (c) The provisions of this part implements section 1902(e) of APPS
by specifying that non-public vessels flagged by a country that is not
a party to Annex VI are subject to the substantive requirements of
Regulations 13, 14 and 18 of Annex VI as implemented by APPS.
    (d) This part 1043 does not limit the requirements specified in
Annex VI, as implemented by 33 U.S.C. 1901-1915, except as specified in
Sec.  1043.10(a)(2).
    (e) The provisions of this part specify how to obtain EIAPP
certificates and certificates for Approved Methods.

Sec.  1043.5  Effective dates.

    (a) The requirement of APPS for marine vessels to comply with Annex
VI of the MARPOL Protocol is in effect.
    (b) Annex VI was amended on October 8, 2008 and enters into force
July 1, 2010. The requirement of APPS for marine vessels to comply with
the amended Annex VI is effective July 1, 2010.
    (c) Compliance with the regulations of this part is required for
all persons on or after July 1, 2010. In addition, compliance with
Sec. Sec.  1043.40 and 1043.41 is required before July 1, 2010 for
manufacturers (and other persons) seeking EIAPP certificates prior to
July 1, 2010.
    (d) The requirements related to operation in ECAs for any portion
of U.S. navigable waters or the U.S. exclusive economic zone are
effective the date on which an ECA is designated by IMO.

Sec.  1043.10  Applicability.

    (a) U.S.-flagged vessels. The provisions of this part apply for all
U.S.-flagged vessels (including engines installed or intended to be
installed on such vessels), except as specified in this paragraph (a).
    (1) Public vessels are excluded from this part.
    (2) Vessels that operate only domestically and conform to the
requirements of this paragraph (a)(2) are excluded from Regulation 13
of Annex VI. For the purpose of this exclusion, the phrase ``operate
only domestically'' means the vessels do not enter waters subject to
the jurisdiction or control of any foreign country. (See Sec. Sec.
1043.60 and 1043.70 for provision related to fuel use by such vessels).
To be excluded, the vessel must conform to each of the following
provisions:
    (i) All compression ignition engines on the vessel must conform
fully to all applicable provisions of 40 CFR parts 94 and 1042.
    (ii) The vessel may not contain any engines with a specific engine
displacement at or above 30.0 liters per cylinder.
    (b) Foreign-flagged vessels. The provisions of this part apply for
all non-public foreign-flagged vessels (including engines installed or
intended to be installed on such vessels) as specified in this
paragraph (b).
    (1) The requirements of this part apply for foreign-flagged vessels
operating in U.S. navigable waters or the U.S. EEZ.
    (2) For non-public vessels flagged by a country that is not a party
to Annex VI, the requirements of this part apply in the same manner as
apply for Party vessels, except that engines on non-Party vessels are
not required to have EIAPP certificates.

    (c) Fuel suppliers. The provisions of Sec.  1043.80 apply for all
persons supplying fuel to any vessel subject to this part.

Sec.  1043.20  Definitions.

    The following definitions apply to this part:
    Administrator means the Administrator of the Environmental
Protection Agency.
    Annex VI means Annex VI of the MARPOL Protocol.
    Designated Certification Officer means the EPA official to whom the
Administrator has delegated authority to issue EIAPP certificates.
    EIAPP certificate means a certificate issued to certify initial
compliance with Regulation 13 of Annex VI. (Note that EIAPP stands for
Engine International Air Pollution Prevention under Annex VI.)
    Emission control area (ECA) means an area designated by IMO as an
Emission Control Area plus all U.S. navigable waters shoreward of the
ECA. For example, where an ECA has been designated by IMO to include
the Gulf of St. Lawrence (or the Atlantic Ocean surrounding the Gulf of
St. Lawrence), the ECA would be deemed to include the U.S. portions of
the St. Lawrence River and Great Lakes for the purposes of this part.
    Engine has the meaning given in 40 CFR 1068.30.
    EPA means the United States Environmental Protection Agency.
    Foreign-flagged vessel means a vessel of foreign registry or a
vessel operated under the authority of a country other than the United
States.
    IMO means the International Maritime Organization.
    Major conversion has the meaning given in Annex VI.
    MARPOL Protocol has the meaning given in 33 U.S.C. 1901.
    Navigable waters has the meaning given in 33 U.S.C. 1901.
    Non-Party vessel means a vessel flagged by a country that is not a
party to Annex VI.
    NOX Technical Code means the NOX Technical
Code of Annex VI.
    Operator has the meaning given in 33 U.S.C. 1901.
    Owner has the meaning given in 33 U.S.C. 1901.
    Party vessel means a vessel flagged by a country that is a party to
Annex VI.
    Person has the meaning given in 33 U.S.C. 1901.
    Public vessels means warships, naval auxiliary vessels and other
vessels owned or operated by a sovereign country when engaged in
noncommercial service.
    Secretary has the meaning given in 33 U.S.C. 1901.
    U.S.-flagged vessel means a vessel of U.S. registry or a vessel
operated under the authority of the United States.
    We means EPA.

Sec.  1043.30  General requirements.

    (a) Manufacturers, owners and operators of vessels subject to this
part must comply with Regulations 13, 14, and 18 of Annex VI and
related provisions of this part. It is the responsibility of such
manufacturers, owners and operators to ensure that all employees and
other agents operating on their behalf comply with these requirements.
Manufacturers of engines subject to this part must comply with all
applicable requirements of Regulation 13 of Annex VI and related
provisions of this part prior to the engine being installed in the
vessel. Note that 33 U.S.C. 1907 also prohibits anyone from violating
any provisions of the MARPOL Protocol, whether or not they are a
manufacturer, owner or operator.
    (b) Engines with power output of more than 130 kW that are listed
in this paragraph (b) must be covered by a valid EIAPP certificate
unless the engine is excluded under paragraph (c) of this section. An
EIAPP certificate is valid for a given engine only if it certifies
compliance with the Tier of standards applicable to that engine and the
vessel into which it is being installed. Note that none of the
requirements of this paragraph (b) are limited to new engines.
    (1) Engines meeting any of the following criteria must be covered
by a valid EIAPP certificate:
    (i) Engines installed (or intended to be installed) on vessels that
were constructed on or after January 1, 2000. This includes engines
that met the definition of ``new marine engine'' in 40 CFR 1042.901 at
any time on or after January 1, 2000, unless such engines are installed
on vessels that were constructed before January 1, 2000.
    (ii) Engines that undergo a major conversion on or after January 1,
2000, unless the engine have been exempt from this requirement under
paragraph (e) of this section. See section 2.1 of Annex VI for a
definition of major conversion.
    (2) For such engines intended to be installed on U.S.-flagged
vessels, the engine may not be introduced into U.S. commerce before it
is covered by a valid EIAPP certificate, unless it has been exempted by
EPA under 40 CFR part 1042 or part 1068. Uninstalled engines covered by
a valid exemption under 40 CFR part 1042 or part 1068 may be introduced
into U.S. commerce without a valid EIAPP certificate; however, this
allowance does affect whether the engine must ultimately be covered by
an EIAPP certificate. For example, engines allowed to be temporarily
distributed in an uncertified configuration under 40 CFR 1068.260 would
not be required to be covered by an EIAPP certificate while it is
covered by the temporary exemption under 40 CFR 1068.260; however, it
would be required to be covered by an EIAPP certificate before being
placed into service. All uninstalled marine engines within the United
States are presumed to be intended to be installed on a U.S.-flagged
vessel, unless there is clear and convincing evidence to the contrary.
    (3) For engines installed on Party vessels, the engine may not
operate in the U.S. navigable waters or the U.S. exclusive economic
zone, or other waters designated by the Administrator under 1902(a)(5)
before it is covered by a valid EIAPP certificate. Engines installed on
non-Party vessels are not required to have EIAPP certificates, provided
the operator can demonstrate that the engines conform to the
requirements of Regulation 13 of Annex VI. Evidence of conformity may
be issued by either the government of a country that is party to Annex
VI or a recognized classification society. For the purposes of this
paragraph, ``recognized classification society'' means a classification
society that is a participating member of the International Association
of Classification Societies (IACS).
    (c) The following engines are excluded from the requirement to have
an EIAPP certificate (or equivalent demonstration of compliance in the
case of non-Party vessels) or otherwise meet the requirements of
Regulation 13 of Annex VI.
    (1) Spark-ignition engines.
    (2) Non-reciprocating engines.
    (3) Engines that do not use liquid fuel.
    (4) Engines intended to be used solely for emergencies. This
includes engines that power equipment such as pumps that are intended
to be used solely for emergencies and engines installed in lifeboats
intended to be used solely for emergencies. It does not include engines
to be used for both emergency and non-emergency purposes.
    (d) The requirements specified in Annex VI apply for vessels
subject to this part for operation in U.S. navigable waters or the U.S.
EEZ. Vessels operating in waters deemed to be included in an ECA under
this part (see Sec.  1043.20) must comply with the requirements of
Annex VI for operation in an ECA. This means that the requirements of
Regulations 13.5 and

14.4 of Annex VI apply both in waters designated by IMO as an ECA and
in all shoreward U.S. waters.
    (e) A replacement engine may be exempted from Regulation 13 of
annex VI by EPA if it is identical to the engine being replaced and
that engine was not subject to Regulation 13 of Annex VI. Send requests
for such exemptions to the Designated Certification Officer.
    (f) Compliance with the provisions of this part 1043 does not
affect your responsibilities under 40 CFR part 1042 for engines subject
to that part 1042.

Sec.  1043.40  EIAPP certificates.

    (a) Engine manufacturers seeking EIAPP certificates for new engines
to be used in U.S.-flagged vessels must apply to EPA for an EIAPP
certificate in compliance with the requirements of this section (which
references 40 CFR part 1042) and the applicable requirements of
Regulation 13 of Annex VI. Note that only the Administrator or the EPA
official designated by the Administrator may issue EIAPP certificates
on behalf of the United States Government.
    (b) Persons other than engine manufacturers may apply for and
obtain EIAPP certificates for new engines to be used in U.S.-flagged
vessels by complying with the requirements of this section (which
references 40 CFR part 1042) and the applicable requirements of
Regulation 13 of Annex VI.
    (c) In appropriate circumstances, EPA may issue an EIAPP
certificate under this section for non-new engines or engines for
vessels that will not initially be flagged in the U.S.
    (d) The process for obtaining an EIAPP certificate is described in
Sec.  1043.41. That section references regulations in 40 CFR part 1042,
which apply under the Clean Air Act. References in that part to
certificates of conformity are deemed to mean EIAPP certificates.
References in that part to the Clean Air Act as the applicable statute
are deemed to mean 33 U.S.C. 1901-1915.
    (e) For engines that undergo a major conversion or for engines
installed on imported vessels that become subject to the requirements
of this part, we may specify alternate certification provisions
consistent with the intent of this part.

Sec.  1043.41  EIAPP certification process.

    This section describes the process for obtaining the EIAPP
certificate required by Sec.  1043.40.
    (a) You must send the Designated Certification Officer (see
definition in Sec.  1043.20) a separate application for an Engine
International Air Pollution Prevention (EIAPP) certificate for each
engine family. An EIAPP certificate is valid starting with the
indicated effective date and is valid for any production until such
time as the design of the engine family changes or more stringent
emission standards become applicable, whichever comes first. You may
obtain preliminary approval of portions of the application consistent
with the provisions of 40 CFR 1042.210.
    (b) The application must contain all the information required by
this part. It must not include false or incomplete statements or
information (see 40 CFR 1042.255). Include the information specified in
40 CFR 1042.205 except as follows:
    (1) You must include the dates on which the test engines were built
and the locations where the test engines were built.
    (2) Include a copy of documentation required by Annex VI related to
maintenance and in-use compliance (such as the Technical File and
onboard NOX verification procedures as specified by the
NOX Technical Code).
    (3) You are not required to provide information required by 40 CFR
1042.205 about useful life, emission labels, deterioration factors, PM
emissions, not-to-exceed standards.
    (4) You must include a copy of your warranty instructions, but are
not required to describe how you will meet warranty obligations.
    (c) We may ask you to include less information than we specify in
this section as long as you maintain all the information required by
paragraph (b) of this section.
    (d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
    (e) An authorized representative of your company must approve and
sign the application.
    (f) See 40 CFR 1042.255 for provisions describing how we will
process your application.
    (g) Your application, including the Technical File and onboard
NOX verification procedures, is subject to amendment as
described in 40 CFR 1042.225.
    (h) This paragraph (h) describes the emission testing you must
perform.
    (1) Select an emission-data engine from each engine family for
testing. For engines at or above 560 kW, you may use a development
engine that is equivalent in design to the engine being certified. For
Category 3 engines, you may use a single-cylinder version of the
engine. Using good engineering judgment, select the engine
configuration most likely to exceed an applicable emission standard,
considering all exhaust emission constituents and the range of
installation options available to vessel manufacturers.
    (2) Test your emission-data engines using the procedures and
equipment specified in the NOX Technical Code or subpart F
of part 1042. We may require that your test be witnessed by an EPA
official.
    (3) We may measure emissions from any of your test engines or other
engines from the engine family, as follows:
    (i) We may decide to do the testing at your plant or any other
facility. You must deliver the test engine to any test facility we
designate. The test 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.
    (ii) If we measure emissions from one of your test engines, 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.
    (iii) Before we test one of your engines, we may set its adjustable
parameters to any point within the specified adjustable ranges (see 40
CFR 1042.115(d)).
    (iv) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter.
    (4) We may require you to test a second engine of the same or
different configuration in addition to the engine tested under
paragraph (b) of this section.
    (5) 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 otherwise required by this part, we may
reject data you generated using the alternate procedure.
    (i) Collect emission data using measurements to one more decimal
place than the applicable standard, then round the value 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.
    (j) Your engine family is considered in compliance with the
emission standards in Regulation 13 of Annex VI if all emission-data
engines representing that family have test results showing

emission levels at or below these standards. Your engine family is
deemed not to comply if any emission-data engine representing that
family has test results showing an emission level above an applicable
emission standard for any pollutant.
    (k) If we determine your application is complete and shows that the
engines meet all the requirements of this part, we will issue an EIAPP
certificate for your engines. We may make the approval subject to
additional conditions.

Sec.  1043.50  Approval of methods to meet Tier 1 retrofit
NOX standards.

    Regulation 13 of Annex VI provides for certification of Approved
Methods, which are retrofit procedures that enable Pre-Tier 1 engines
to meet the Tier 1 NOX standard of regulation 13 of Annex
VI. Any person may request approval of such a method by submitting an
application for certification of an Approve Method to the Designated
Certification Officer. If we determine that your application conforms
to the requirements of Regulation 13 of Annex VI, we will issue a
certificate and notify IMO that your Approved Method has been
certified.

Sec.  1043.60  Operating requirements for engines and vessels subject
to this part.

    (a) All of the operating requirements and restrictions of
Regulations 13, 14, and 18 of Annex VI apply for vessels subject to
this part.
    (b) Nothing in this part limits the operating requirements and
restrictions applicable for engines and vessels subject to 40 CFR part
1042 or the requirements and restrictions applicable for fuels subject
to 40 CFR part 80.
    (c) Operators of non-Party vessels must comply with the same
operating requirements and restrictions as apply to other vessels under
this part. This means they must comply with operating requirements and
restrictions equivalent to those of Annex VI related to Regulations 13,
14, and 18.
    (d) This paragraph (d) applies for vessels that are excluded from
Regulation 13 of Annex VI under Sec.  1043.10(a) because they operate
only domestically. Where the operators of such vessels comply fully
with the fuel requirements of 40 CFR part 80, they are deemed to be in
full compliance with the fuel use requirements and prohibitions of
Regulations 14 and 18 of Annex VI.

Sec.  1043.70  General recordkeeping and reporting requirements.

    (a) Owners and operators of vessels subject to this part must keep
all records required by Regulations 13, 14, and 18 of Annex VI. We may
inspect these records as allowed by those Regulations and 33 U.S.C.
1901-1915. As part of our inspection, we may require that the owner
submit copies of these records to us.
    (b) Nothing in this part limits recordkeeping and reporting the
Secretary may require, nor does it preclude the Secretary from
providing copies of any records to EPA.
    (c) Nothing in this part limits the recordkeeping and reporting
requirements applicable with respect to engines and vessels subject to
40 CFR part 1042 or with respect to fuels subject to 40 CFR part 80.
    (d) This paragraph (d) applies for vessels that are excluded from
Regulation 13 of Annex VI under Sec.  1043.10(a) because they operate
only domestically. Where the operators of such vessels comply fully
with the fuel requirements of 40 CFR part 80, they are deemed to be in
full compliance with the fuel recordkeeping requirements and
prohibitions of Annex VI.

Sec.  1043.80  Recordkeeping and reporting requirements for fuel
suppliers.

    If you supply any fuel for an engine on any vessel identified in
paragraph (a) of this section, you must comply with the requirements of
Regulation 18 of Annex VI to provide bunker delivery notes to the
vessel operators and to keep copies for your records.
    (a) The requirements of this section apply for fuel delivered to
any of the following vessels:
    (1) Vessels of 400 gross tonnage and above.
    (2) Platforms and drilling rigs.
    (b) Except as allowed by paragraph (c) of this section, the bunker
delivery note must contain the following:
    (1) The name and IMO number of receiving vessel.
    (2) Port (or other description of the location, if the delivery
does not take place at a port).
    (3) Date the fuel is delivered to the vessel (or date on which the
delivery begins where the delivery begins on one day and ends on a
later day).
    (4) Name, address, and telephone number of fuel supplier.
    (5) Fuel type and designation under 40 CFR part 80.
    (6) Quantity in metric tons.
    (7) Density at 15 [deg]C, in kg/m \3\.
    (8) Sulfur content in weight percent.
    (9) A signed statement by an authorized representative of the fuel
supplier certifying that the fuel supplied conforms to Regulations 14
and 18 of Annex VI consistent with its designation, intended use, and
the date on which it is to be used. For example, with respect to
conformity to Regulation 14 of Annex VI, a fuel designated and intended
for use in an ECA any time between July 1, 2010 and January 1 2015 may
not have a sulfur content above 1.00 weight percent.
    (c) Measure density and sulfur content according to the
specifications of Annex VI, or other methods we approve as equivalent.
Where the density and/or sulfur content of the delivered fuel cannot be
measured, we may allow the use of alternate methods to specify the
density and/or sulfur content of the fuel. For example, where fuel is
supplied from multiple tanks on a supply vessel, we may allow the
density and sulfur content of the fuel to be calculated as a weighted
average of the measured densities and sulfur contents of the fuel that
is supplied from each tank.

Sec.  1043.90  Emission Control Areas. [Reserved]

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

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

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

Subpart B--[Amended]

    201. Section 1045.103 is amended by revising paragraph (b)
introductory text to read as follows:

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

* * * * *
    (b) Averaging, banking, and trading. You may generate or use
emission credits under the averaging, banking, and trading (ABT)
program described in subpart H of this part for demonstrating
compliance with HC+NOX emission standards. For CO emissions,
you may generate or use emission credits for averaging as described in
subpart H of this part, but such credits may not be banked or traded.
To generate or use emission credits, you must specify a family emission
limit for each pollutant you include in the ABT program for each engine
family. These family emission limits serve as the emission standards
for the engine family with respect to all required testing instead of
the standards specified in this section. An engine family meets
emission standards even if its family emission limit is higher than the
standard, as long as you show that the whole averaging set of
applicable engine families meets the emission standards using emission

credits and the engines within the family meet the family emission
limit. The following FEL caps apply:
* * * * *
    202. Section 1045.125 is amended by adding paragraph (a)(3) and
revising paragraphs (a)(2) and (c) to read as follows:

Sec.  1045.125  What maintenance instructions must I give to buyers?

* * * * *
    (a) * * *
    (2) You may not schedule critical emission-related maintenance
within the useful life period for aftertreatment devices, pulse-air
valves, fuel injectors, oxygen sensors, electronic control units,
superchargers, or turbochargers, except as specified in paragraph
(a)(3), (b), or (c) of this section.
    (3) You may ask us to approve a maintenance interval shorter than
that specified in paragraph (a)(2) of this section. In your request you
must describe the proposed maintenance step, recommend the maximum
feasible interval for this maintenance, include your rationale with
supporting evidence to support the need for the maintenance at the
recommended interval, and demonstrate that the maintenance will be done
at the recommended interval on in-use engines. In considering your
request, we will evaluate the information you provide and any other
available information to establish alternate specifications for
maintenance intervals, if appropriate.
* * * * *
    (c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as atypical
engine operation. You must clearly state that this additional
maintenance is associated with the special situation you are
addressing. We may disapprove your maintenance instructions if we
determine that you have specified special maintenance steps to address
engine operation that is not atypical, or that the maintenance is
unlikely to occur in use. If we determine that certain maintenance
items do not qualify as special maintenance under this paragraph (c),
you may identify this as recommended additional maintenance under
paragraph (b) of this section.
* * * * *
    203. Section 1045.140 is amended by revising paragraph (a) to read
as follows:

Sec.  1045.140  What is my engine's maximum engine power?

    (a) An engine configuration's maximum engine power is the maximum
brake power point on the nominal power curve for the engine
configuration, as defined in this section. Round the power value to the
nearest whole kilowatt for engines above 30 kW and to the nearest 0.1
kilowatt for engines at or below 30 kW.
* * * * *
    204. Section 1045.145 is amended by adding paragraph (o) to read as
follows:

Sec.  1045.145  Are there interim provisions that apply only for a
limited time?

* * * * *
    (o) Banking early credits for jet boat engines. Banked emission
credits that were originally generated from outboard and personal
watercraft engines under 40 CFR part 91 may be used to certify jet boat
engines under the provisions Sec.  1045.660.

Subpart C--[Amended]

    205. Section 1045.201 is amended by adding paragraph (h) to read as
follows:

Sec.  1045.201  What are the general requirements for obtaining a
certificate of conformity?

* * * * *
    (h) For engines that become new after being placed into service,
such as engines installed on imported vessels or engines converted to
run on a different fuel, we may specify alternate certification
provisions consistent with the intent of this part. See Sec.  1045.645
and the definition of ``new propulsion marine engine'' in Sec.
1045.801.
    206. Section 1045.220 is amended by revising paragraph (a) to read
as follows:

Sec.  1045.220  How do I amend the maintenance instructions in my
application?

* * * * *
    (a) If you are decreasing or eliminating any specified maintenance,
you may distribute the new maintenance instructions to your customers
30 days after we receive your request, unless we disapprove your
request. This would generally include replacing one maintenance step
with another. We may approve a shorter time or waive this requirement.
* * * * *
    207. Section 1045.240 is amended by revising paragraphs (a) and (b)
and adding paragraph (e) to read as follows:

Sec.  1045.240  How do I demonstrate that my engine family complies
with exhaust emission standards?

    (a) For purposes of certification, your engine family is considered
in compliance with the duty-cycle emission standards in Sec.  1045.103
or Sec.  1045.105 if all emission-data engines representing that family
have test results showing deteriorated emission levels at or below
these standards. This includes all test points over the course of the
durability demonstration. Note that your FELs are considered to be the
applicable emission standards with which you must comply if you
participate in the ABT program in subpart H of this part. See paragraph
(e) of this section for provisions related to demonstrating compliance
with NTE standards.
    (b) Your engine family is deemed not to comply with the duty-cycle
emission standards in Sec.  1045.103 or Sec.  1045.105 if any emission-
data engine representing that family has test results showing a
deteriorated emission level for any pollutant that is above an
applicable emission standard. Similarly, your engine family is deemed
not to comply if any emission-data engine representing that family has
test results showing any emission level above the applicable not-to-
exceed emission standard for any pollutant. The provisions of this
paragraph (b) apply for all test points over the course of the
durability demonstration.
* * * * *
    (e) Use good engineering judgment to demonstrate compliance with
NTE standards based on testing with low-hour engines. You may, but are
not required to, apply the same deterioration factors used to show
compliance with the applicable duty-cycle standards.

Subpart E--[Amended]

    208. Section 1045.405 is amended by revising paragraph (c)
introductory text to read as follows:

Sec.  1045.405  How does this program work?

* * * * *
    (c) Send us an in-use testing plan for engine families selected for
testing. Complete the testing within 24 calendar months after we
receive your plan. Send us the in-use testing plan according to the
following deadlines:
* * * * *

Subpart F--[Amended]

    209. Section 1045.515 is amended by revising paragraph (c)(5)
introductory text to read as follows:

Sec.  1045.515  What are the test procedures related to not-to-exceed
standards?

* * * * *
    (c) * * *
    (5) For two-stroke engines not equipped with a catalyst, the NTE
zone described in paragraph (c)(3) of this section is divided into
subzones for testing to determine compliance with the applicable NTE
standards. Measure

emissions to get an NTE result by collecting emissions at five points
as described in this paragraph (c)(5). Calculate a weighted test result
for these emission measurements using the weighting factors from
Appendix II of this part for the corresponding modal result (similar to
discrete-mode testing for certification). Test engines over the
following modes corresponding to the certification duty cycle:
* * * * *

Subpart H--[Amended]

    210. Section 1045.701 is amended by revising paragraphs (d), (g),
(j)(4) and (j)(5) to read as follows:

Sec.  1045.701  General provisions.

* * * * *
    (d) Sterndrive/inboard engines certified under Sec.  1045.660 for
jet boats may use HC+NOx and CO exhaust credits generated from outboard
and personal watercraft engines, as long as the credit-using engine is
the same model as an engine model from an outboard or personal
watercraft family. Such emission credits that you generate under this
part 1045 may be used for averaging, but not for banking or trading.
The FEL caps for such jet boat families are the HC+NOx and CO standard
for outboard and personal watercraft engines. U.S.-directed sales from
jet boat engines using the provisions of this paragraph (d) may not be
greater than the U.S.-directed sales of the same engine model for
outboard or personal watercraft engines.
* * * * *
    (g) Emission credits may be used for averaging in the model year
they are generated or banked for averaging in future model years,
except that CO emission credits for outboard and personal watercraft
engines may not be banked or traded.
* * * * *
    (j) * * *
    (4) Engines or vessels not subject to the requirements of this
part, such as those excluded under Sec.  1045.5.
    (5) Any other engines or vessels where we indicate elsewhere in
this part 1045 that they are not to be included in the calculations of
this subpart.
    211. Section 1045.705 is amended by revising paragraph (a) to read
as follows:

Sec.  1045.705  How do I generate and calculate exhaust emission
credits?

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

Emission credits (kg) = (STD-FEL) x (Volume) x (Power) x (UL) x (LF)
x(10-3)

Where:

STD = the emission standard, in g/kW-hr.
FEL = the family emission limit for the family, in g/kW-hr.
Volume = the number of engines eligible to participate in the
averaging, banking, and trading program within the given family
during the model year, as described in Sec.  1045.701(j).
Power = maximum engine power for the family, in kilowatts (see Sec.
1045.140).
UL = The useful life for the given family.
LF = load factor. Use 0.207. We may specify a different load factor
if we approve the use of special test procedures for an engine
family under 40 CFR 1065.10(c)(2), consistent with good engineering
judgment.
* * * * *

Subpart I--[Amended]

    212. Section 1045.801 is amended by revising the definition of
``Fuel system'' and paragraphs (2) and (5)(iii) of the definition of
``Model year'' to read as follows:

Sec.  1045.801  What definitions apply to this part?

* * * * *
    Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents. In the case where the fuel tank cap or other
components (excluding fuel lines) are directly mounted on the fuel
tank, they are considered to be a part of the fuel tank.
* * * * *
    Model year * * *
    (2) For an engine that is converted to a propulsion marine engine
after being certified and placed into service as a motor vehicle
engine, a nonroad engine that is not a propulsion marine engine, or a
stationary engine, model year means the calendar year in which the
engine was originally produced. For an engine that is converted to a
propulsion marine engine after being placed into service as a motor
vehicle engine, a nonroad engine that is not a propulsion marine
engine, or a stationary engine without having been certified, model
year means the calendar year in which the engine becomes a new
propulsion marine engine. (See definition of ``new propulsion marine
engine,'' paragraph (2).)
* * * * *
    (5) * * *
    (iii) For imported engines described in paragraph (5)(iii) of the
definition of ``new propulsion marine nonroad engine,'' model year
means the calendar year in which the engine is assembled in its
imported configuration, unless specified otherwise in this part or in
40 CFR part 1068.
* * * * *

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

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

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

Subpart A--[Amended]

    214. Section 1048.15 is amended by revising paragraph (b) to read
as follows:

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

* * * * *
    (b) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines to measure exhaust emissions.
Subpart F of this part 1048 describes how to apply the provisions of
part 1065 of this chapter to determine whether engines meet the exhaust
emission standards in this part.
* * * * *
    215. A new Sec.  1048.30 is added to subpart A to read as follows:

Sec.  1048.30  Submission of information.

    (a) This part includes various requirements to record data or other
information. Refer to Sec.  1048.825 and 40 CFR 1068.25 regarding
recordkeeping requirements. If recordkeeping requirements are not
specified, store these records in any format and on any media and keep
them readily available for one year after you send an associated
application for certification, or one year after you generate the data
if they do not support an application for certification. You must
promptly send us organized, written records in English if we ask for
them. We may review them at any time.
    (b) The regulations in Sec.  1048.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.

    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1048.801).
    (d) Any written information we require you to send to or receive
from another company is deemed to be a required record under this
section. Such records are also deemed to be submissions to EPA. We may
require you to send us these records whether or not you are a
certificate holder.

Subpart B--[Amended]

    216. Section 1048.120 is amended by revising paragraph (b) to read
as follows:

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

* * * * *
    (b) Warranty period. Your emission-related warranty for evaporative
emission controls must be valid for at least two years. Your emission-
related warranty for exhaust emission controls must be valid for at
least 50 percent of the engine's useful life in hours of operation or
at least three years, whichever comes first. In the case of a high-cost
warranted part, the warranty must be valid for at least 70 percent of
the engine's useful life in hours of operation or at least five years,
whichever comes first. You may offer an emission-related warranty more
generous than we require. The emission-related warranty for the engine
may not be shorter than any published warranty you offer without charge
for the engine. Similarly, the emission-related warranty for any
component may not be shorter than any published warranty you offer
without charge for that component. If an engine has no hour meter, we
base the warranty periods in this paragraph (b) only on the engine's
age (in years). The warranty period begins when the engine is placed
into service.
* * * * *
    217. Section 1048.125 is amended by adding paragraph (a)(4) and
revising paragraph (c) to read as follows:

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

* * * * *
    (a) * * *
    (4) You may ask us to approve a maintenance interval shorter than
that specified in paragraphs (a)(2) of this section. In your request
you must describe the proposed maintenance step, recommend the maximum
feasible interval for this maintenance, include your rationale with
supporting evidence to support the need for the maintenance at the
recommended interval, and demonstrate that the maintenance will be done
at the recommended interval on in-use engines. In considering your
request, we will evaluate the information you provide and any other
available information to establish alternate specifications for
maintenance intervals, if appropriate.
* * * * *
    (c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as substandard
fuel or atypical engine operation. For example, you may specify more
frequent cleaning of fuel system components for engines you have reason
to believe will be using fuel that causes substantially more engine
performance problems than commercial fuels of the same type that are
generally available across the United States. You must clearly state
that this additional maintenance is associated with the special
situation you are addressing. We may disapprove your maintenance
instructions if we determine that you have specified special
maintenance steps to address engine operation that is not atypical, or
that the maintenance is unlikely to occur in use. If we determine that
certain maintenance items do not qualify as special maintenance under
this paragraph (c), you may identify this as recommended additional
maintenance under paragraph (b) of this section.
* * * * *

Subpart C--[Amended]

    218. Section 1048.201 is amended by adding paragraph (h) to read as
follows:

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

* * * * *
    (h) For engines that become new after being placed into service,
such as engines converted to nonroad use after being used in motor
vehicles, we may specify alternate certification provisions consistent
with the intent of this part. See the definition of ``new nonroad
engine'' in Sec.  1048.801.
    219. Section 1048.220 is amended by revising paragraphs (a) and (c)
to read as follows:

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

* * * * *
    (a) If you are decreasing or eliminating any specified maintenance,
you may distribute the new maintenance instructions to your customers
30 days after we receive your request, unless we disapprove your
request. This would generally include replacing one maintenance step
with another. We may approve a shorter time or waive this requirement.
* * * * *
    (c) You need not request approval if you are making only minor
corrections (such as correcting typographical mistakes), clarifying
your maintenance instructions, or changing instructions for maintenance
unrelated to emission control. We may ask you to send us copies of
maintenance instructions revised under this paragraph (c).
    220. Section 1048.240 is amended by revising paragraphs (a) and (b)
and adding paragraph (e) to read as follows:

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

    (a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical emission standards in Sec.
1048.101(a) and (b) if all emission-data engines representing that
family have test results showing deteriorated emission levels at or
below these standards. This includes all test points over the course of
the durability demonstration. See paragraph (e) of this section for
provisions related to demonstrating compliance with field-testing
standards.
    (b) Your engine family is deemed not to comply if any emission-data
engine representing that family has test results showing a deteriorated
emission level for any pollutant that is above an applicable emission
standard from Sec.  1048.101(a) and (b). Similarly, your engine family
is deemed not to comply if any emission-data engine representing that
family has test results showing any emission level above the applicable
field-testing standard for any pollutant. This includes all test points
over the course of the durability demonstration.
* * * * *
    (e) Use good engineering judgment to demonstrate compliance with
field-testing standards based on testing with low-hour engines. You
may, but are not required to, apply the same deterioration factors used
to show compliance with the applicable duty-cycle standards.
    221. Section 1048.245 is amended by revising paragraph (e) to read
as follows:

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

* * * * *
    (e) You may demonstrate that your engine family complies with the
evaporative emission standards by demonstrating that you use the
following control technologies:

    (1) For certification to the standards specified in Sec.
1048.105(c), with the following technologies:
    (i) Use a tethered or self-closing gas cap on a fuel tank that
stays sealed up to a positive pressure of 24.5 kPa (3.5 psig); however,
they may contain air inlets that open when there is a vacuum pressure
inside the tank. Nonmetal fuel tanks must also use one of the
qualifying designs for controlling permeation emissions specified in 40
CFR 1060.240.
    (ii) [Reserved]
    (2) For certification to the standards specified in Sec.
1048.105(d), demonstrating that you use design features to prevent fuel
boiling under all normal operation. If you install engines in
equipment, you may do this using fuel temperature data measured during
normal operation. Otherwise, you may do this by including appropriate
information in your emission-related installation instructions.
    (3) We may establish additional options for design-based
certification where we find that new test data demonstrate that a
technology will ensure compliance with the emission standards in this
section.
    222. Section 1048.255 is amended by revising paragraph (b) to read
as follows:

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

* * * * *
    (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.
* * * * *

Subpart E--[Amended]

    223. Section 1048.405 is amended by revising paragraph (b) to read
as follows:

Sec.  1048.405  How does this program work?

* * * * *
    (b) Send us an in-use testing plan within 12 calendar months after
we direct you to test a particular engine family. Complete the testing
within 24 calendar months after we receive your plan.
* * * * *

Subpart F--[Amended]

    224. Section 1048.505 is amended by revising the section heading
and paragraph (b)(5)(i) to read as follows:

Sec.  1048.505  How do I test engines using steady-state duty cycles,
including ramped-modal testing?

* * * * *
    (b) * * *
    (5) * * *
    (i) The following duty cycle applies for discrete-mode testing:

                                           Table 3 of Sec.   1048.505
----------------------------------------------------------------------------------------------------------------
                                                                                Minimum time
              Mode number                     Engine speed            Torque          in mode        Weighting
                                                                   (percent)\1\      (minutes)        factors
----------------------------------------------------------------------------------------------------------------
1.....................................  Maximum test............             100             3.0            0.50
2.....................................  Maximum test............              75             3.0            0.50
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum torque at maximum test speed.

* * * * *

Subpart I--[Amended]

    225. Section 1048.801 is amended by adding definitions for
``Carryover'' and ``Date of manufacture'' in alphabetical order to read
as follows:

Sec.  1048.801  What definitions apply to this part?

* * * * *
    Carryover means relating to certification based on emission data
generated from an earlier model year as described in Sec.  1042.235(d).
This generally requires that the engines in the engine family do not
differ in any aspect related to emissions.
* * * * *
    Date of manufacture has the meaning given in 40 CFR 1068.30.
* * * * *

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

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

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

Subpart A--[Amended]

    227. Section 1051.15 is amended by revising paragraph (a) to read
as follows:

Sec.  1051.15  Do any other regulation parts apply to me?

    (a) Parts 86 and 1065 of this chapter describe procedures and
equipment specifications for testing vehicles and engines to measure
exhaust emissions. Subpart F of this part 1051 describes how to apply
the provisions of parts 86 and 1065 of this chapter to determine
whether vehicles meet the exhaust emission standards in this part.
* * * * *
    228. Section 1051.20 is amended by adding paragraph (g) to read as
follows:

Sec.  1051.20  May I certify a recreational engine instead of the
vehicle?

* * * * *
    (g) Apply the provisions of 40 CFR part 1068 for engines certified
under this section as if they were subject to engine-based standards.
For example, you may rely on the provisions of 40 CFR 1068.261 to have
vehicle manufacturers install catalysts that you describe in your
application for certification.
    229. A new Sec.  1051.30 is added to subpart A to read as follows:

Sec.  1051.30  Submission of information.

    (a) This part includes various requirements to record data or other
information. Refer to Sec.  1051.825 and 40 CFR 1068.25 regarding
recordkeeping requirements. If recordkeeping requirements are not
specified, store these records in any format and on any media and keep
them readily available for one year after you send an associated
application for certification, or one year after you generate the data
if they do not support an application for certification. You must
promptly send us organized, written records in English if we ask for
them. We may review them at any time.
    (b) The regulations in Sec.  1051.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.
    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1051.801).
    (d) Any written information we require you to send to or receive
from

another company is deemed to be a required record under this section.
Such records are also deemed to be submissions to EPA. We may require
you to send us these records whether or not you are a certificate
holder.

Subpart B--[Amended]

    230. Section 1051.125 is amended by adding paragraph (a)(3) and
revising paragraph (c) to read as follows:

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

* * * * *
    (a) * * *
    (3) You may ask us to approve a maintenance interval shorter than
that specified in paragraph (a)(2) of this section. In your request you
must describe the proposed maintenance step, recommend the maximum
feasible interval for this maintenance, include your rationale with
supporting evidence to support the need for the maintenance at the
recommended interval, and demonstrate that the maintenance will be done
at the recommended interval on in-use engines. In considering your
request, we will evaluate the information you provide and any other
available information to establish alternate specifications for
maintenance intervals, if appropriate.
* * * * *
    (c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as atypical
engine operation. You must clearly state that this additional
maintenance is associated with the special situation you are
addressing. We may disapprove your maintenance instructions if we
determine that you have specified special maintenance steps to address
engine operation that is not atypical, or that the maintenance is
unlikely to occur in use. If we determine that certain maintenance
items do not qualify as special maintenance under this paragraph (c),
you may identify this as recommended additional maintenance under
paragraph (b) of this section.
* * * * *
    231. Section 1051.135 is amended by revising paragraph (c)(12) to
read as follows:

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

* * * * *
    (c) * * *
    (12) State: ``THIS VEHICLE MEETS U.S. EPA REGULATIONS FOR [MODEL
YEAR] [SNOWMOBILES or OFF-ROAD MOTORCYCLES or ATVs or OFF-ROAD UTILITY
VEHICLES].''.
* * * * *

Subpart C--[Amended]

    232. Section 1051.201 is amended by adding paragraph (h) to read as
follows:

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

* * * * *
    (h) For vehicles that become new after being placed into service,
such as vehicles converted to run on a different fuel, we may specify
alternate certification provisions consistent with the intent of this
part. See Sec.  1051.650 and the definition of ``new'' in Sec.
1051.801.
    233. Section 1051.220 is amended by revising paragraphs (a) and (c)
to read as follows:

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

* * * * *
    (a) If you are decreasing or eliminating any specified maintenance,
you may distribute the new maintenance instructions to your customers
30 days after we receive your request, unless we disapprove your
request. This would generally include replacing one maintenance step
with another. We may approve a shorter time or waive this requirement.
* * * * *
    (c) You need not request approval if you are making only minor
corrections (such as correcting typographical mistakes), clarifying
your maintenance instructions, or changing instructions for maintenance
unrelated to emission control. We may ask you to send us copies of
maintenance instructions revised under this paragraph (c).
    234. Section 1051.255 is amended by revising paragraph (b) to read
as follows:

Sec.  1051.255  What decisions may EPA make regarding my certificate of
conformity?

* * * * *
    (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.
* * * * *

Subpart I--[Amended]

    235. Section 1051.801 is amended by revising paragraph (2) of the
definition for ``All-terrain vehicle'' and the definition for ``Offroad
utility vehicle'' to read as follows:

Sec.  1051.801  What definitions apply to this part?

* * * * *
    All-terrain vehicle means * * *
    (2) Other all-terrain vehicles have three or more wheels and one or
more seats, are designed for operation over rough terrain, are intended
primarily for transportation, and have a maximum vehicle speed higher
than 25 miles per hour . Golf carts generally do not meet these
criteria since they are generally not designed for operation over rough
terrain.
* * * * *
    Offroad utility vehicle means a nonroad vehicle that has four or
more wheels, seating for two or more persons, is designed for operation
over rough terrain, and has either a rear payload capacity of 350
pounds or more or seating for six or more passengers. Vehicles intended
primarily for recreational purposes that are not capable of
transporting six passengers (such as dune buggies) are not offroad
utility vehicles. (Note: Sec.  1051.1(a) specifies that some offroad
utility vehicles are required to meet the requirements that apply for
all-terrain vehicles.) Unless there is significant information to the
contrary, we consider vehicles to be intended primarily for
recreational purposes if they are marketed for recreational use, have a
rear payload capacity no greater than 1,000 pounds, and meet at least
five of the following criteria:
    (1) Front and rear suspension travel is greater than 18 cm.
    (2) The vehicle has no tilt bed.
    (3) The vehicle has no mechanical power take-off (PTO) and no
permanently installed hydraulic system for operating utility-oriented
accessory devices.
    (4) The engine has in-use operating speeds at or above 4,000 rpm.
    (5) Maximum vehicle speed is greater than 35 miles per hour.
    (6) The speed at which the engine produces peak power is above
4,5000 rpm and the engine is equivalent to engines in ATVs that you
have certified. For the purpose of this paragraph (6), the engine is
considered equivalent if it could be included in the same emission
family based on the characteristics specified in Sec.  1051.230(b).
    (7) Gross Vehicle Weight Rating is no greater than 3,750 pounds.
This is the maximum design loaded weight of the vehicle as defined in
40 CFR 86.1803-01, including passengers and cargo.
* * * * *

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

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

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

Subpart A--[Amended]

    237. Section 1054.1 is amended by revising paragraph (a)(4) to read
as follows:

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

    (a) * * *
    (4) This part 1054 applies for other spark-ignition engines as
follows:
    (i) The provisions of Sec. Sec.  1054.620 and 1054.801 apply for
new engines used solely for competition beginning January 1, 2010.
    (ii) The provisions of Sec. Sec.  1054.660 and 1054.801 apply for
new engines used in emergency rescue equipment beginning January 1,
2010.
* * * * *

Subpart B--[Amended]

    238. Section 1054.125 is amended by adding paragraph (a)(4) and
revising paragraph (c) to read as follows:

Sec.  1054.125  What maintenance instructions must I give to buyers?

* * * * *
    (a) * * *
    (4) You may ask us to approve a maintenance interval shorter than
that specified in paragraph (a)(3) of this section. In your request you
must describe the proposed maintenance step, recommend the maximum
feasible interval for this maintenance, include your rationale with
supporting evidence to support the need for the maintenance at the
recommended interval, and demonstrate that the maintenance will be done
at the recommended interval on in-use engines. In considering your
request, we will evaluate the information you provide and any other
available information to establish alternate specifications for
maintenance intervals, if appropriate.
* * * * *
    (c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as atypical
engine operation. You must clearly state that this additional
maintenance is associated with the special situation you are
addressing. We may disapprove your maintenance instructions if we
determine that you have specified special maintenance steps to address
engine operation that is not atypical, or that the maintenance is
unlikely to occur in use. If we determine that certain maintenance
items do not qualify as special maintenance under this paragraph (c),
you may identify this as recommended additional maintenance under
paragraph (b) of this section.
* * * * *

Subpart C--[Amended]

    239. Section 1054.201 is amended by adding paragraph (h) to read as
follows:

Sec.  1054.201  What are the general requirements for obtaining a
certificate of conformity?

* * * * *
    (h) For engines that become new after being placed into service,
such as engines converted to run on a different fuel, we may specify
alternate certification provisions consistent with the intent of this
part. See Sec.  1054.645 and the definition of ``new nonroad engine''
in Sec.  1054.801.
    240. Section 1054.205 is amended by revising paragraph (b) to read
as follows:

Sec.  1054.205  What must I include in my application?

* * * * *
    (b) Explain how the emission control systems operate. Describe the
evaporative emission controls and show how your design will prevent
running loss emissions, if applicable. Also describe in detail all
system components for controlling exhaust emissions, including all
auxiliary emission control devices (AECDs) and all fuel-system
components you will install on any production or test engine. Identify
the part number of each component you describe. For this paragraph (b),
treat as separate AECDs any devices that modulate or activate
differently from each other. Include sufficient detail to allow us to
evaluate whether the AECDs are consistent with the defeat device
prohibition of Sec.  1054.115. For example, if your engines will
routinely experience in-use operation that differs from the specified
duty cycle for certification, describe how the fuel-metering system
responds to varying speeds and loads not represented by the duty cycle.
If you test an emission-data engine by disabling the governor for full-
load operation such that the engine operates at an air-fuel ratio
significantly different than under full-load operation with an
installed governor, explain why these differences are necessary or
appropriate. For conventional carbureted engines without electronic
fuel controls, it is sufficient to state that there is no significant
difference in air-fuel ratios.
* * * * *
    241. Section 1054.220 is amended by revising paragraph (a) to read
as follows:

Sec.  1054.220  How do I amend the maintenance instructions in my
application?

* * * * *
    (a) If you are decreasing or eliminating any specified maintenance,
you may distribute the new maintenance instructions to your customers
30 days after we receive your request, unless we disapprove your
request. This would generally include replacing one maintenance step
with another. We may approve a shorter time or waive this requirement.
* * * * *

Subpart G--[Amended]

    242. Section 1054.601 is amended by adding paragraph (c) to read as
follows:

Sec.  1054.601  What compliance provisions apply to these engines?

* * * * *
    (c) The provisions of 40 CFR 1068.215 apply for cases in which the
manufacturer takes possession of engines for purposes of recovering
components as described in this paragraph (c). Note that this paragraph
(c) does not apply for certified engines that still have the emission
control information label since such engines do not need an exemption.
    (1) You must label the engine as specified in 40 CFR
1068.215(c)(3), except that the label may be removable as specified in
40 CFR 1068.45(b).
    (2) You may not resell the engine. For components other than the
engine block, you may generate revenue from the sale of the components
that you recover, or from the sale of new engines containing these
components. You may also use components other than the engine block for
engine rebuilds as otherwise allowed under the regulations. You may use
the engine block from an engine that is exempted under this paragraph
(c) only to make a new engine, and then only where such an engine has a
separate identity from the original engine.
    (3) Once the engine has reached its final destination, you may stop
collecting records describing the engine's final disposition and how
you use the engine. This does not affect the requirement to maintain
the records you have already collected under 40 CFR 1068.215. This also
does not affect the requirement to maintain records for new engines.

    243. Section 1054.690 is amended by revising paragraphs (d), (f),
and (j) to read as follows:

Sec.  1054.690  What bond requirements apply for certified engines?

* * * * *
    (d) The minimum value of the bond is $500,000. A higher bond value
may apply based on the per-engine bond values shown in Table 1 to this
section and on the U.S.-directed production volume from each
displacement grouping for the calendar model year. For example, if you
have projected U.S.-directed production volumes of 10,000 engines with
180 cc displacement and 10,000 engines with 400 cc displacement in
2013, the appropriate bond amount is $750,000. Adjust the value of the
bond as follows:
    (1) If your estimated or actual U.S.-directed production volume in
any later year increases beyond the level appropriate for your current
bond payment, you must post additional bond to reflect the increased
volume within 90 days after you change your estimate or determine the
actual production volume. You may not decrease your bond.
    (2) If you sell engines without aftertreatment components under the
provisions of Sec.  1054.610, you must increase the per-engine bond
values for the current year by 20 percent.

           Table 1 to Sec.   1054.690--Per-Engine Bond Values
------------------------------------------------------------------------
                                                          The per-engine
 For engines with displacement falling in the following    bond value is
                      ranges . . .                             . . .
------------------------------------------------------------------------
Disp. < 225 cc..........................................             $25
225 <= Disp. < 740 cc...................................              50
740 <= Disp. <= 1,000 cc................................             100
Disp. > 1,000 cc........................................             200
------------------------------------------------------------------------

* * * * *
    (f) You may meet the bond requirements of this section by obtaining
a bond from a third-party surety that is cited in the U.S. Department
of Treasury Circular 570, ``Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies'' (http://www.fms.treas.gov/c570/c570.html#certified). You
must maintain this bond for every year in which you sell certified
engines. The surety agent remains responsible for obligations under the
bond for two years after the bond is cancelled or expires without being
replaced.
* * * * *
    (j) The following provisions apply if you import engines for resale
when those engines have been certified by someone else (or equipment
containing such engines):
    (1) You and the certificate holder are each responsible for
compliance with the requirements of this part and the Clean Air Act.
For example, we may require you to comply with the warranty
requirements in Sec.  1054.120.
    (2) You do not need to post bond if you or the certificate holder
complies with the bond requirements of this section. You also do not
need to post bond if the certificate holder complies with the asset
requirements of this section and the repair-network provisions of Sec.
1054.120(f)(4).

Subpart H--[Amended]

    244. Section 1054.730 is amended by revising paragraph (b)(4) to
read as follows:

Sec.  1054.730  What ABT reports must I send to EPA?

* * * * *
    (b) * * *
    (4) The projected and actual production volumes for the model year
with a point of first retail sale in the United States, as described in
Sec.  1054.701(i). For fuel tanks, state the production volume in terms
of surface area and production volume for each fuel tank configuration
and state the total surface area for the emission family. If you
changed an FEL during the model year, identify the actual production
volume associated with each FEL.
* * * * *

Subpart I--[Amended]

    245. Section 1054.801 is amended by revising the definitions for
``Oxides of nitrogen'' and ``Total hydrocarbon equivalent'' and adding
a definition for ``Point of first retail sale'' in alphabetical order
to read as follows:
* * * * *
    Oxides of nitrogen has the meaning given in 40 CFR 1065.1001
* * * * *
    Point of first retail sale means the location at which the initial
retail sale occurs. This generally means an equipment dealership, but
may also include an engine seller or distributor in cases where loose
engines are sold to the general public for uses such as replacement
engines.
* * * * *
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001. This generally means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon mass ratio of the equivalent
hydrocarbon is 1.85:1.
* * * * *

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

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

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

Subpart B--[Amended]

    247. Section 1060.103 is amended by revising paragraph (e) to read
as follows:

Sec.  1060.103  What permeation emission control requirements apply for
fuel tanks?

* * * * *
    (e) Fuel caps may be certified separately relative to the
permeation emission standard in paragraph (b) of this section using the
test procedures specified in Sec.  1060.521. Fuel caps certified alone
do not need to meet the emission standard. Rather, fuel caps would be
certified with a Family Emission Limit, which is used for demonstrating
that fuel tanks meet the emission standard as described in Sec.
1060.520(b)(5). For the purposes of this paragraph (e), gaskets or O-
rings that are produced as part of an assembly with the fuel cap are
considered part of the fuel cap.
* * * * *
    248. Section 1060.135 is amended by revising paragraph (a)(5) to
read as follows:

Sec.  1060.135  How must I label and identify the engines and equipment
I produce?

* * * * *
    (a) * * *
    (5) Readily visible in the final installation. It may be under a
hinged door or other readily opened cover. It may not be hidden by any
cover attached with screws or any similar designs. Labels on marine
vessels (except personal watercraft) must be visible from the helm.
* * * * *
    249. Section 1060.137 is amended by revising paragraphs (a)(4) and
(a)(5) to read as follows:

Sec.  1060.137  How must I label and identify the fuel-system
components I produce?

* * * * *
    (a) * * *
    (4) Fuel caps, as described in this paragraph (a)(4). Fuel caps
must be labeled if they are separately certified

under Sec.  1060.103 or if the diurnal control system requires that the
fuel tank hold pressure. Fuel caps must also be labeled if they are
mounted directly on the fuel tank, unless the fuel tank is certified
based on a worst-case fuel cap.
    (5) Replaceable pressure-relief assemblies. This does not apply if
the component is integral to the fuel tank or fuel cap. If the assembly
is too small to be properly labeled, you may omit the label, provided
that you identify the part numbers in your maintenance and installation
instructions.
* * * * *

Subpart F--[Amended]

    250. Section 1060.515 is amended by revising paragraph (c) to read
as follows:

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

* * * * *
    (c) Measure fuel line permeation emissions using the equipment and
procedures for weight-loss testing specified in SAE J30 or SAE J1527
(incorporated by reference in Sec.  1060.810). Start the measurement
procedure within 8 hours after draining and refilling the fuel line.
Perform the emission test over a sampling period of 14 days. Determine
your final emission result based on the highest measured valued over
the 14-day period.
* * * * *
    251. Section 1060.520 is amended as follows:
    a. By adding paragraph (a)(4).
    b. By removing and reserving paragraph (b)(3).
    c. By revising paragraphs (b)(5)(ii)(B), (d)(8), and (d)(10).

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

* * * * *
    (a) * * *
    (4) Perform durability cycles on fuel caps intended for use with
handheld equipment by putting the fuel cap on and taking it off 300
times. Tighten the fuel cap each time in a way that represents the
typical in-use experience.
    (b) * * *
    (3) [Reserved]
* * * * *
    (5) * * *
    (ii) * * *
    (B) You may seal the fuel inlet with a nonpermeable covering if you
separately account for permeation emissions from the fuel cap. This may
involve a separate measurement of permeation emissions from a worst-
case fuel cap as described in Sec.  1060.521. This may also involve