redesignated Sec.  86.513 is amended by revising paragraphs (a) and (d)
to read as follows:

Sec.  86.513  Fuel and engine lubricant specifications.

    (a) Gasoline. (1) Gasoline meeting the following specifications, or
substantially equivalent specifications approved by the Administrator,
must be used for exhaust and evaporative emission testing:

       Table 1 of Sec.   86.513--Gasoline Test Fuel Specifications
------------------------------------------------------------------------
               Item                      Value           Procedure \1\
------------------------------------------------------------------------
Distillation Range:
1. Initial boiling point, [deg]C.  23.9--35.0 \2\...
2. 10% point, [deg]C.............  48.9--57.2.......
3. 50% point, [deg]C.............  93.3-110.0.......  ASTM D86
4. 90% point, [deg]C.............  1148.9-162.8.....
5. End point, [deg]C.............  212.8 maximum....
Hydrocarbon composition:
    1. Olefins, volume %.........  10 maximum.......
    2. Aromatics, volume %.......  35 maximum.......  ASTM D1319
    3. Saturates.................  Remainder........
Lead (organic), g/liter..........  0.013 maximum....  ASTM D3237
Phosphorous, g/liter.............  0.0013 maximum...  ASTM D3231
Sulfur, weight %.................  0.008 maximum....  ASTM D2622
Dry Vapor Pressure Equivalent      55.2 to 63.4\3\..  ASTM D5191
 (DVPE), kPa.
------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   86.1.
\2\ For testing at altitudes above 1,219 m, the specified initial
  boiling point range is (23.9 to 40.6) [deg]C.
\3\ For testing at altitudes above 1,219 m, the specified volatility
  range is 52 to 55 kPa. Calculate dry vapor pressure equivalent, DVPE,
  based on the measured total vapor pressure, pT, using the following
  equation: DVPE (kPa) = 0.956[middot]pT--2.39 (or DVPE (psi) =
  0.956[middot]pT--0.347). DVPE is intended to be equivalent to Reid
  Vapor Pressure using a different test method.

    (2) The following specifications apply for fuels used during
service accumulation for certification:
    (i) Unleaded gasoline and engine lubricants representative of
commercial fuels and engine lubricants which will be generally
available through retail outlets shall be used in service accumulation.
    (ii) The octane rating of the gasoline used shall be no higher than
4.0 Research octane numbers above the minimum recommended by the
manufacturer.
    (iii) The Reid Vapor Pressure of the gasoline used shall be
characteristic of commercial gasoline fuel during the season in which
the service accumulation takes place.
* * * * *
    (d) Natural gas fuel. (1) Natural gas meeting the following
specifications, or substantially equivalent specifications approved by
the Administrator, must be used for exhaust and evaporative emission
testing:

     Table 2 of Sec.   86.513--Natural Gas Test Fuel Specifications
------------------------------------------------------------------------
                 Item                              Value \1\
------------------------------------------------------------------------
Methane, CH4.........................  Minimum, 89.0 mole percent.
Ethane, C2H6.........................  Maximum, 4.5 mole percent.
C3 and higher........................  Maximum, 2.3 mole percent.
C6 and higher........................  Maximum, 0.2 mole percent.
Oxygen...............................  Maximum, 0.6 mole percent.

Inert gases (sum of CO2 and N2)......  Maximum, 4.0 mole percent.
------------------------------------------------------------------------
\1\ All parameters are based on the reference procedures in ASTM D1945
  (incorporated by reference in Sec.   86.1).

    (2) The natural gas at ambient conditions must have a distinctive
odor potent enough for its presence to be detected down to a
concentration in air of not over one-fifth of the lower limit of
flammability.
    (3) Natural gas fuel and engine lubricants representative of
commercial fuels and engine lubricants generally available through
retail outlets shall be used in service accumulation.
    (4) A natural gas fuel meeting different specifications may be used
for testing and service accumulation if all the following conditions
are met:
    (i) The alternate test fuel is commercially available.
    (ii) Information, acceptable to the Administrator, is provided to
show that only the designated fuel will be used in customer service.
    (iii) The Administrator must provide advance written approval for
the alternate test fuel.
* * * * *

0
141. Section 86.515-78 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  86.515-78  EPA urban dynamometer driving schedule.

    (a) The dynamometer driving schedules are listed in appendix I. The
driving schedules are defined by a smooth trace drawn through the
specified speed vs. time relationships. They consist of a nonrepetitive
series of idle, acceleration, cruise, and deceleration modes of various
time sequences and rates. Appropriate driving schedules are as follows:
    (1) Class I--Appendix I(b).
    (2) Class II--Appendix I(a)(2).
    (3) Class III--Appendix I(a)(2).
* * * * *
    (d) For motorcycles with an engine displacement less than 50 cc and
a top speed less than 58.7 km/hr (36.5 mph), the speed indicated for
each second of operation on the applicable Class I driving trace (speed
versus time sequence) specified in appendix I(b) shall be adjusted
downward by the ratio of actual top speed to specified maximum test
speed. Calculate the ratio with three significant figures by dividing
the top speed of the motorcycle in km/hr by 58.7. For example, for a
motorcycle with a top speed of 48.3 km/hr (30 mph), the ratio would be
48.3/58.7 = 0.823. The top speed to be used under this section shall be
indicated in the manufacturer's application for certification, and
shall be the highest sustainable speed of the motorcycle with an 80 kg
rider on a flat paved surface. If the motorcycle is equipped with a
permanent speed governor that is unlikely to be removed in actual use,
measure the top speed in the governed configuration; otherwise measure
the top speed in the ungoverned configuration.

Subpart G--[Amended]

0
142. Section 86.608-98 is amended by revising paragraph (a) to read as
follows:

Sec.  86.608-98  Test procedures.

    (a) The prescribed test procedures are the Federal Test Procedure,
as described in subpart B of this part, and the cold temperature CO
test procedure as described in subpart C of this part. For purposes of
Selective Enforcement Audit testing, the manufacturer shall not be
required to perform any of the test procedures in subpart B of this
part relating to evaporative emission testing, other than refueling
emissions testing, except as specified in paragraph (a)(2) of this
section.
    (1) The Administrator may omit any of the testing procedures
described in paragraph (a) of this section. Further, the Administrator
may, on the basis of a written application by a manufacturer, approve
optional test procedures other than those in subparts B and C of this
part for any motor vehicle which is not susceptible to satisfactory
testing using the procedures in subparts B and C of this part.
    (2) The following exceptions to the test procedures in subpart B of
this part are applicable to Selective Enforcement Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel
meeting the specifications for mileage and service accumulation fuels
of Sec.  86.113. Otherwise, the manufacturer may use fuels other than
those specified in this section only with the advance approval of the
Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel
at other than the approximate mid-volume of the fuel tank, as specified
in Sec.  86.131-96(a) with only a single temperature sensor, and may
drain the test fuel from other than the lowest point of the tank, as
specified in Sec. Sec.  86.131-96(b) and 86.152-98(a), provided an
equivalent method is used. Equivalency documentation shall be
maintained by the manufacturers and shall be made available to the
Administrator upon request. Additionally, for any test vehicle that has
remained under laboratory ambient temperature conditions for at least 6
hours prior to testing, the vehicle soak described in Sec.  86.132-
96(c) may be eliminated upon approval of the Administrator. In such
cases, the vehicle shall be operated through the preconditioning drive
described in Sec.  86.132-96(c) immediately following the fuel drain
and fill procedure described in Sec.  86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on
Selective Enforcement Audit test vehicles other than the
preconditioning specified in Sec.  86.132 only if the additional
preconditioning was performed on certification test vehicles of the
same configuration.
    (iv) [Reserved]
    (v) The manufacturer may substitute slave tires for the drive wheel
tires on the vehicle as specified in Sec.  86.135-90(e): Provided, that
the slave tires are the same size.
    (vi) [Reserved]
    (vii) In performing exhaust sample analysis under Sec.  86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up
for the HC analyzer, and for diesel vehicles, a minimum of two hours
warm-up for the CO, CO2 and NOX analyzers. (Power is
normally left on infrared and chemiluminescent analyzers. When not in
use, the chopper motors of the infrared analyzers are turned off and
the phototube high voltage supply to the chemiluminescent analyzers is
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec.  86.142 or Sec.
86.155, since the records required therein are provided under other
provisions of this subpart G.
    (ix) If a manufacturer elects to perform the background
determination procedure described in paragraph (a)(2)(xi) of this
section in addition to performing the refueling emissions test
procedure, the elapsed time between the initial and final FID readings
shall be recorded, rounded to the nearest second rather than minute as
described in Sec.  86.154-98(e)(8). In addition, the vehicle soak
described in Sec.  86.153-98(e) shall be conducted with the windows and
luggage compartment of the vehicle open.

    (x) The Administrator may elect to perform a seal test, described
in Sec.  86.153-98(b), of both integrated and non-integrated systems
instead of the full refueling test. When testing non-integrated
systems, a manufacturer may conduct the canister purge described in
Sec.  86.153-98(b)(1) directly following the preconditioning drive
described in Sec.  86.132-96(e) or directly following the exhaust
emissions test described in Sec.  86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to
perform the following background emissions determination immediately
prior to the refueling measurement procedure described in Sec.  86.154,
provided EPA is notified of this decision prior to the start of testing
in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior
to the background determination. Warning: If at any time the
concentration of hydrocarbons, of methanol, or of methanol and
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately
purged. This concentration provides a 4:1 safety factor against the
lean flammability limit.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the background determination. If not
already on, the enclosure mixing fan and the spilled fuel mixing blower
shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level
encountered by the test vehicle during the entire background emissions
determination shall be 80[emsp14][deg]F 3[emsp14][deg]F.
The windows and luggage compartment of the vehicle must be open and the
gas cap must be secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of
hydrocarbons in the SHED and record. This is the initial background
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes 1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background
determination is calculated according to Sec.  86.156. To obtain a per-
minute background emission rate, divide the total hydrocarbon mass
calculated in this paragraph by the duration of the soak, rounded to
the nearest second, described in paragraph (a)(2)(xi)(G) of this
section.
    (I) The background emission rate is multiplied by the duration of
the refueling measurement obtained in paragraph (a)(2)(ix) of this
section. This number is then subtracted from the total grams of
emissions calculated for the refueling test according to Sec.  86.156-
98(a) to obtain the adjusted value for total refueling emissions. The
final results for comparison with the refueling emission standard shall
be computed by dividing the adjusted value for total refueling mass
emissions by the total gallons of fuel dispensed in the refueling test
as described in Sec.  86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part,
the manufacturer shall prepare gasoline-fueled and methanol-fueled
vehicles as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1
kPa) to the fuel system, allowing the pressure to stabilize, and
isolating the fuel system from the pressure source. Following isolation
of the fuel system, pressure must not drop more than 2.0 inches of
water (0.5 kPa) in five minutes. If required, the manufacturer shall
perform corrective action in accordance with paragraph (d) of this
section and report this action in accordance with Sec.  86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative
or refueling emission control systems by component addition, deletion,
or substitution, except to comply with paragraph (a)(2)(ii) of this
section if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel
at other than the approximate mid-volume of the fuel tank, as specified
in Sec.  86.107-96(e), and may drain the test fuel from other than the
lowest point of the fuel tank, provided an equivalent method is used.
Equivalency documentation shall be maintained by the manufacturer and
shall be made available to the Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec.  86.140, the
manufacturer shall exercise care to prevent moisture from condensing in
the sample collection bags.
    (iii) The manufacturer need not comply with Sec.  86.142 since the
records required therein are provided under other provisions of this
subpart G.
    (iv) In addition to the requirements of subpart C of this part, the
manufacturer shall prepare gasoline-fueled vehicles as follows prior to
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1
kPa) to the fuel system allowing the pressure to stabilize and
isolating the fuel system from the pressure source. Following isolation
of the fuel system, pressure must not drop more than 2.0 inches of
water (0.5 kPa) in five minutes. If required, the manufacturer shall
perform corrective action in accordance with paragraph (d) of this
section and report this action in accordance with Sec.  86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control system.
    (C) The manufacturer shall not modify the test vehicle's
evaporative or refueling emission control system by component addition,
deletion, or substitution, except if approved in advance by the
Administrator, to comply with paragraph (a)(3)(i) of this section.
* * * * *

0
143. Section 86.609-98 is amended by revising paragraphs (a), (b), and
(c) to read as follows:

Sec.  86.609-98  Calculation and reporting of test results.

    (a) Initial test results are calculated following the test
procedures specified in Sec.  86.608-98(a). Round the initial test
results to the number of decimal places contained in the applicable
emission standard expressed to one additional significant figure.
    (b) Final test results for each test vehicle are calculated by
summing the initial test results derived in paragraph (a) of this
section for each test vehicle, dividing by the number of times that
specific test has been conducted on the vehicle, and rounding to the
same number of decimal places contained in the applicable standard
expressed to one additional significant figure.
    (c) Final deteriorated test results. (1) For each test vehicle. The
final deteriorated test results for each light-duty vehicle tested for
exhaust

emissions and/or refueling emissions according to subpart B, subpart C,
or subpart R of this part are calculated by first multiplying or
adding, as appropriate, the final test results by or to the appropriate
deterioration factor derived from the certification process for the
engine or evaporative/refueling family and model year to which the
selected configuration belongs, and then by multiplying by the
appropriate reactivity adjustment factor, if applicable, and rounding
to the same number of decimal places contained in the applicable
emission standard. For the purpose of this paragraph (c), if a
multiplicative deterioration factor as computed during the
certification process is less than one, that deterioration factor is
one. If an additive deterioration factor as computed during the
certification process is less than zero, that deterioration factor will
be zero.
    (2) Exceptions. There are no deterioration factors for light-duty
vehicle emissions obtained during spitback testing in accordance with
Sec.  86.146. Accordingly, for the fuel dispensing spitback test, the
term ``final deteriorated test results'' means the final test results
derived in paragraph (b) of this section for each test vehicle, rounded
to the same number of decimal places contained in the applicable
emission standard.
* * * * *

Sec.  86.610-98  [Amended]

0
144. Section 86.610-98 is amended by removing and reserving paragraph
(c)(2).
0
145. Section 86.612-97 is revised to read as follows:

Sec.  86.612-97  Suspension and revocation of certificates of
conformity.

    (a) The certificate of conformity is immediately suspended with
respect to any vehicle failing pursuant to Sec.  86.610-98(b) effective
from the time that testing of that vehicle is completed.
    (b) The Administrator may suspend the certificate of conformity for
a configuration that does not pass a selective enforcement audit
pursuant to Sec.  86.610-98(c) based on the first test, or all tests,
conducted on each vehicle. This suspension will not occur before ten
days after failure to pass the audit.
    (c) If the results of vehicle testing pursuant to the requirements
of this subpart indicate the vehicles of a particular configuration
produced at more than one plant do not conform to the regulations with
respect to which the certificate of conformity was issued, the
Administrator may suspend the certificate of conformity with respect to
that configuration for vehicles manufactured by the manufacturer in
other plants of the manufacturer.
    (d) The Administrator will notify the manufacturer in writing of
any suspension or revocation of a certificate of conformity in whole or
in part: Except, that the certificate of conformity is immediately
suspended with respect to any vehicle failing pursuant to Sec.  86.610-
98(b) and as provided for in paragraph (a) of this section.
    (e) The Administrator may revoke a certificate of conformity for a
configuration when the certificate has been suspended pursuant to
paragraph (b) or (c) of this section if the proposed remedy for the
nonconformity, as reported by the manufacturer to the Administrator, is
one requiring a design change(s) to the engine and/or emission control
system as described in the Application for Certification of the
affected configuration.
    (f) Once a certificate has been suspended for a failed vehicle as
provided for in paragraph (a) of this section, the manufacturer must
take the following actions:
    (1) Before the certificate is reinstated for that failed vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the vehicle's final deteriorated test results
conform to the applicable emission standards or family particulate
emission limits, as defined in this part 86 by retesting the vehicle in
accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days
after successful completion of testing on the failed vehicle, which
contains a description of the remedy and test results for the vehicle
in addition to other information that may be required by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b)
or (c) of this section, the manufacturer must take the following
actions before the Administrator will consider reinstating such
certificate:
    (1) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the vehicles, describes the
proposed remedy, including a description of any proposed quality
control and/or quality assurance measures to be taken by the
manufacturer to prevent the future occurrence of the problem, and
states the date on which the remedies will be implemented.
    (2) Demonstrate that the engine family or configuration for which
the certificate of conformity has been suspended does in fact comply
with the requirements of this subpart by testing vehicles selected from
normal production runs of that engine family or configuration at the
plant(s) or the facilities specified by the Administrator, in
accordance with: the conditions specified in the initial test order
pursuant to Sec.  86.603 for a configuration suspended pursuant to
paragraph (b) or (c) of this section.
    (3) If the Administrator has not revoked the certificate pursuant
to paragraph (e) of this section and if the manufacturer elects to
continue testing individual vehicles after suspension of a certificate,
the certificate is reinstated for any vehicle actually determined to
have its final deteriorated test results in conformance with the
applicable standards through testing in accordance with the applicable
test procedures.
    (h) Once a certificate for a failed engine family or configuration
has been revoked under paragraph (e) of this section and the
manufacturer desires to introduce into commerce a modified version of
that engine family or configuration, the following actions will be
taken before the Administrator may issue a certificate for the new
engine family or configuration:
    (1) If the Administrator determines that the proposed change(s) in
vehicle design may have an effect on emission performance deterioration
and/or fuel economy, he/she shall notify the manufacturer within five
working days after receipt of the report in paragraph (g)(1) of this
section whether subsequent testing under this subpart will be
sufficient to evaluate the proposed change(s) or whether additional
testing will be required.
    (2) After implementing the change(s) intended to remedy the
nonconformity, the manufacturer shall demonstrate, if the certificate
was revoked pursuant to paragraph (e) of this section, that the
modified vehicle configuration does in fact conform with the
requirements of this subpart by testing vehicles selected from normal
production runs of that modified vehicle configuration in accordance
with the conditions specified in the initial test order pursuant to
Sec.  86.603. The Administrator shall consider this testing to satisfy
the testing requirements of Sec.  86.079-32 or Sec.  86.079-33 if the
Administrator had so notified the manufacturer. If the subsequent
testing results in a pass decision pursuant to the criteria in Sec.
86.610-98(c), the Administrator shall reissue or amend the certificate,
if necessary, to include that configuration: Provided, that the
manufacturer has satisfied the testing requirements specified in
paragraph (h)(1) of this section. If the subsequent audit results in a
fail decision pursuant to the criteria in Sec.  86.610-98(c), the
revocation remains in effect. Any design change

approvals under this subpart are limited to the modification of the
configuration specified by the test order.
    (i) A manufacturer may at any time subsequent to an initial
suspension of a certificate of conformity with respect to a test
vehicle pursuant to paragraph (a) of this section, but not later than
fifteen (15) days or such other period as may be allowed by the
Administrator after notification of the Administrator's decision to
suspend or revoke a certificate of conformity in whole or in part
pursuant to paragraph (b), (c) or (e) of this section, request that the
Administrator grant such manufacturer a hearing as to whether the tests
have been properly conducted or any sampling methods have been properly
applied.
    (j) After the Administrator suspends or revokes a certificate of
conformity pursuant to this section or notifies a manufacturer of his
intent to suspend, revoke or void a certificate of conformity under
Sec.  86.007-30(e) or Sec.  86.1850, and prior to the commencement of a
hearing under Sec.  86.614, if the manufacturer demonstrates to the
Administrator's satisfaction that the decision to suspend, revoke or
void the certificate was based on erroneous information, the
Administrator shall reinstate the certificate.
    (k) To permit a manufacturer to avoid storing non-test vehicles
when conducting testing of an engine family or configuration subsequent
to suspension or revocation of the certificate of conformity for that
engine family or configuration pursuant to paragraph (b), (c), or (e)
of this section, the manufacturer may request that the Administrator
conditionally reinstate the certificate for that engine family or
configuration. The Administrator may reinstate the certificate subject
to the condition that the manufacturer consents to recall all vehicles
of that engine family or configuration produced from the time the
certificate is conditionally reinstated if the engine family or
configuration fails the subsequent testing and to remedy any
nonconformity at no expense to the owner.

Subpart H--[Removed and reserved]

0
146. Subpart H is removed and reserved.

Subpart L--[Amended]

0
147. Section 86.1102-87 is amended by adding a definition of ``Round''
to paragraph (b) in alphabetical order to read as follows:

Sec.  86.1102-87  Definitions.

* * * * *
    (b) * * *
    Round has the meaning given in 40 CFR 1065.1001.
* * * * *

0
148. Section 86.1105-87 is amended by revising paragraph (e) to read as
follows:

Sec.  86.1105-87  Emission standards for which nonconformance penalties
are available.

* * * * *
    (e) The values of COC50, COC90, and
MC50 in paragraphs (a) and (b) of this section are expressed
in December 1984 dollars. The values of COC50,
COC90, and MC50 in paragraphs (c) and (d) of this
section are expressed in December 1989 dollars. The values of
COC50, COC90, and MC50 in paragraph
(f) of this section are expressed in December 1991 dollars. The values
of COC50, COC90, and MC50 in
paragraphs (g) and (h) of this section are expressed in December 1994
dollars. The values of COC50, COC90, and
MC50 in paragraph (i) of this section are expressed in
December 2001 dollars. The values of COC50,
COC90, and MC50 in paragraph (j) of this section
are expressed in December 2011 dollars. These values shall be adjusted
for inflation to dollars as of January of the calendar year preceding
the model year in which the NCP is first available by using the change
in the overall Consumer Price Index, and rounded to the nearest whole
dollar.
* * * * *

Subpart M--[Removed and reserved]

0
149. Subpart M is removed and reserved.

Subpart N--Exhaust Test Procedures for Heavy-duty Engines

0
150. The heading of subpart N is revised to read as set forth above.
0
151. Section 86.1305-2010 is redesignated as Sec.  86.1305, and newly
redesignated Sec.  86.1305 is revised to read as follows:

Sec.  86.1305  Introduction; structure of subpart.

    (a) This subpart specifies the equipment and procedures for
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards
and general testing requirements to comply with EPA certification
procedures.
    (b) Use the applicable equipment and procedures for spark-ignition
or compression-ignition engines in 40 CFR part 1065 to determine
whether engines meet the duty-cycle emission standards in subpart A of
this part. Measure the emissions of all regulated pollutants as
specified in 40 CFR part 1065. Use the duty cycles and procedures
specified in Sec. Sec.  86.1333, 86.1360, and 86.1362. Adjust emission
results from engines using aftertreatment technology with infrequent
regeneration events as described in Sec.  86.004-28.
    (c) The provisions in Sec. Sec.  86.1370 and 86.1372 apply for
determining whether an engine meets the applicable not-to-exceed
emission standards.
    (d) Measure smoke using the procedures in subpart I of this part
for evaluating whether engines meet the smoke standards in subpart A of
this part.
    (e) Use the fuels specified in 40 CFR part 1065 to perform valid
tests, as follows:
    (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 ultra low-sulfur diesel fuel
specified in 40 CFR part 1065 for emission testing.
    (3) For gasoline-fueled engines, use the appropriate E10 fuel
specified in 40 CFR part 1065; however, through model year 2021 you may
instead use the appropriate E0 fuel specified in 40 CFR part 1065, with
the exception that the E0 fuel must have sulfur concentration between
0.0015 and 0.008 weight percent and research octane of at least 93.
Starting in model year 2022, you may certify up to 5 percent of your
nationwide sales volume of engines certified under subpart A of this
part in a given model year based on this E0 test fuel if those engines
are certified with carryover data.
    (f) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10. In addition, for 2010 and earlier
model year engines, you may use modified test procedures as needed to
conform to the procedures that were specified at the time of emission
testing for the model year in question.
    (g) This subpart applies to you as a manufacturer, and to anyone
who does testing for you.
    (h) For testing conducted with engines installed in vehicles,
including field testing conducted to measure emissions under Not-To-
Exceed test procedures, use the test procedures and equipment specified
in 40 CFR part 1065, subpart J.

Sec. Sec.  86.1305-90, 86.1305-2004  [Removed]

0
152A. Remove Sec. Sec.  86.1305-90 and 86.1305-2004.

Sec. Sec.  86.1306-07, 86.1306-96, 86.1308-84, 86.1309-90, 86.1310-90,
86.1310-2007, 86.1311-94, 86.1312-88, 86.1312-2007, 86.1313-94,
86.1313-98, 86.1313-2004, 86.1313-2007, 86.1314-94, 86.1316-94,
86.1318-84, 86.1319-90, 86.1320-90, 86.1321-94, 86.1322-84, 86.1323-84,
86.1323-2007, 86.1324-84, 86.1325-94, 86.1326-90, 86.1327-96, 86.1327-
98, 86.1330-90, and 86.1332-90  [Removed]

0
152B. Remove Sec. Sec.  86.1306-07, 86.1306-96, 86.1308-84, 86.1309-90,
86.1310-90, 86.1310-2007, 86.1311-94, 86.1312-88, 86.1312-2007,
86.1313-94, 86.1313-98, 86.1313-2004, 86.1313-2007, 86.1314-94,
86.1316-94, 86.1318-84, 86.1319-90, 86.1320-90, 86.1321-94, 86.1322-84,
86.1323-84, 86.1323-2007, 86.1324-84, 86.1325-94, 86.1326-90, 86.1327-
96, 86.1327-98, 86.1330-90, and 86.1332-90.
0
153. Section 86.1333-2010 is redesignated as Sec.  86.1333, and newly
redesignated Sec.  86.1333 is amended by revising paragraphs (a)(1),
(c), and (d) to read as follows:

Sec.  86.1333  Transient test cycle generation.

    (a) * * *
    (1) To unnormalize rpm, use the following equations:
    (i) For diesel engines:
    [GRAPHIC] [TIFF OMITTED] TR28AP14.006

Where:

Max Test Speed = the maximum test speed as calculated in 40 CFR part
1065.
    (ii) For Otto-cycle engines:
    [GRAPHIC] [TIFF OMITTED] TR28AP14.007

Where:

Max Test Speed = the maximum test speed as calculated in 40 CFR part
1065.
* * * * *
    (c) Clutch operation. Manual transmission engines may be tested
with a clutch. If used, the clutch shall be disengaged at all zero
percent speeds, zero percent torque points, but may be engaged up to
two points preceding a non-zero point, and may be engaged for time
segments with zero percent speed and torque points of durations less
than four seconds.
    (d) Determine idle speeds as specified in 40 CFR 1065.510.

Sec. Sec.  86.1333-90, 86.1334-84, 86.1335-90, 86.1336-84, 86.1337-96,
86.1337-2007, 86.1338-84, 86.1338-2007, 86.1339-90, 86.1340-90,
86.1340-94, 86.1341-90, 86.1341-98, 86.1342-90, 86.1342-94, 86.1343-88,
and 86.1344-94  [Removed]

0
154. Remove Sec. Sec.  86.1333-90, 86.1334-84, 86.1335-90, 86.1336-84,
86.1337-96, 86.1337-2007, 86.1338-84, 86.1338-2007, 86.1339-90,
86.1340-90, 86.1340-94, 86.1341-90, 86.1341-98, 86.1342-90, 86.1342-94,
86.1343-88, and 86.1344-94.
0
155. Section 86.1360-2007 is redesignated as Sec.  86.1360, and newly
redesignated Sec.  86.1360 is amended by revising paragraphs (b)(1),
(c), and (f)(3) to read as follows:

Sec.  86.1360  Supplemental emission test; test cycle and procedures.

* * * * *
    (b) * * *
    (1) Perform testing as described in Sec.  86.1362 for determining
whether an engine meets the applicable standards when measured over the
supplemental emission test.
* * * * *
    (c) The engine speeds A, B and C, referenced in the table in
paragraph (b)(1) of this section, must be determined as follows:

Speed A = nlo + 0.25 x (nhi - nlo)
Speed B = nlo + 0.50 x (nhi - nlo)
Speed C = nlo + 0.75 x (nhi - nlo)

Where: nhi = High speed as determined by calculating 70%
of the maximum power. The highest engine speed where this power
value occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the
maximum power. The lowest engine speed where this power value occurs
on the power curve is defined as nlo.
Maximum power = the maximum observed power calculated according to
the engine mapping procedures defined in 40 CFR 1065.510.
* * * * *
    (f) * * *
    (3) If the Maximum Allowable Emission Limit for any point, as
calculated under paragraphs (f)(1) and (2) of this section, is greater
than the applicable Not-to-Exceed limit (if within the Not-to-Exceed
control area defined in Sec.  86.1370(b)), then the Maximum Allowable
Emission Limit for that point shall be defined as the applicable Not-
to-Exceed limit.
* * * * *

0
156. Section 86.1362-2010 is redesignated as Sec.  86.1362, and newly
redesignated Sec.  86.1362 is revised to read as follows:

Sec.  86.1362  Steady-state testing with a ramped-modal cycle.

    This section describes how to test engines under steady-state
conditions.
    (a) Measure emissions by testing the engine on a dynamometer with
the following ramped-modal duty cycle to determine whether it meets the
applicable steady-state emission standards:

----------------------------------------------------------------------------------------------------------------
                                       Time in mode
              RMC Mode                   (seconds)      Engine speed \1\ \2\        Torque (percent) \2\ \3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................               170  Warm Idle.............  0.
1b Transition......................                20  Linear Transition.....  Linear Transition.
2a Steady-state....................               173  A.....................  100.
2b Transition......................                20  Linear Transition.....  Linear Transition.
3a Steady-state....................               219  B.....................  50.
3b Transition......................                20  B.....................  Linear Transition.
4a Steady-state....................               217  B.....................  75.
4b Transition......................                20  Linear Transition.....  Linear Transition.

5a Steady-state....................               103  A.....................  50.
5b Transition......................                20  A.....................  Linear Transition.
6a Steady-state....................               100  A.....................  75.
6b Transition......................                20  A.....................  Linear Transition.
7a Steady-state....................               103  A.....................  25.
7b Transition......................                20  Linear Transition.....  Linear Transition.
8a Steady-state....................               194  B.....................  100.
8b Transition......................                20  B.....................  Linear Transition.
9a Steady-state....................               218  B.....................  25.
9b Transition......................                20  Linear Transition.....  Linear Transition.
10a Steady-state...................               171  C.....................  100.
10b Transition.....................                20  C.....................  Linear Transition.
11a Steady-state...................               102  C.....................  25.
11b Transition.....................                20  C.....................  Linear Transition.
12a Steady-state...................               100  C.....................  75.
12b Transition.....................                20  C.....................  Linear Transition.
13a Steady-state...................               102  C.....................  50.
13b Transition.....................                20  Linear Transition.....  Linear Transition.
14 Steady-state....................               168  Warm Idle.............  0.
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the speed or torque setting of the current mode to the speed or torque setting of
  the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

    (b) Perform the ramped-modal test as described in 40 CFR part 1065.
    (c) For 2007 through 2010 model years, manufacturers may follow the
mode order described in this paragraph (c) instead of the mode order
specified in paragraph (a) of this section. Any EPA testing with these
engines will rely on the same procedure used by the manufacturer for
certification.

----------------------------------------------------------------------------------------------------------------
                                       Time in mode
              RMC Mode                   (seconds)      Engine speed \1\ \2\        Torque (percent) \2\ \3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................               170  Warm Idle.............  0.
1b Transition......................                20  Linear Transition.....  Linear Transition.
2a Steady-state....................               170  A.....................  100.
2b Transition......................                20  A.....................  Linear Transition.
3a Steady-state....................               102  A.....................  25.
3b Transition......................                20  A.....................  Linear Transition.
4a Steady-state....................               100  A.....................  75.
4b Transition......................                20  A.....................  Linear Transition.
5a Steady-state....................               103  A.....................  50.
5b Transition......................                20  Linear Transition.....  Linear Transition.
6a Steady-state....................               194  B.....................  100.
6b Transition......................                20  B.....................  Linear Transition.
7a Steady-state....................               219  B.....................  25.
7b Transition......................                20  B.....................  Linear Transition.
8a Steady-state....................               220  B.....................  75.
8b Transition......................                20  B.....................  Linear Transition.
9a Steady-state....................               219  B.....................  50.
9b Transition......................                20  Linear Transition.....  Linear Transition.
10a Steady-state...................               171  C.....................  100.
10b Transition.....................                20  C.....................  Linear Transition.
11a Steady-state...................               102  C.....................  25.
11b Transition.....................                20  C.....................  Linear Transition.
12a Steady-state...................               100  C.....................  75.
12b Transition.....................                20  C.....................  Linear Transition.
13a Steady-state...................               102  C.....................  50.
13b Transition.....................                20  Linear Transition.....  Linear Transition.
14 Steady-state....................               168  Warm Idle.............  0.
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the speed or torque setting of the current mode to the speed or torque setting of
  the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

Sec. Sec.  86.1362-2007 and 86.1363-2007  [Removed]

0
157. Remove Sec. Sec.  86.1362-2007 and 86.1363-2007.

0
158. Section 86.1370-2007 is redesignated as Sec.  86.1370, and newly
redesignated Sec.  86.1370 is amended by revising paragraphs (a),
(b)(3), (b)(6), and (f) introductory text to read as follows:

Sec.  86.1370  Not-To-Exceed test procedures.

    (a) General. The purpose of this test procedure is to measure in-
use emissions of heavy-duty diesel engines while operating within a
broad range of speed and load points (the Not-To-Exceed Control Area)
and under conditions which can reasonably be expected to be encountered
in normal vehicle operation and use. Emission results from this test
procedure are to be compared to the Not-To-Exceed Limits specified in
Sec.  86.007-11(a)(4), or to later Not-To-Exceed Limits. The Not-To-
Exceed Limits do not apply for engine-starting conditions. Tests
conducted using the procedures specified in this subpart are considered
valid Not-To-Exceed tests (Note: duty cycles and limits on ambient
conditions do not apply for Not-To-Exceed tests).
    (b) * * *
    (3) Notwithstanding the provisions of paragraphs (b)(1) and (2) of
this section, all operating speed and load points with brake specific
fuel consumption (BSFC) values within 5% of the minimum BSFC value of
the engine. For the purposes of this requirement, BFSC must be
calculated under the general test cell conditions specified in 40 CFR
part 1065. The manufacturer may petition the Administrator at
certification to exclude such points if the manufacturer can
demonstrate that the engine is not expected to operate at such points
in normal vehicle operation and use. Engines equipped with drivelines
with multi-speed manual transmissions or automatic transmissions with a
finite number of gears are not subject to the requirements of this
paragraph (b)(3).
* * * * *
    (6)(i) For petroleum-fueled diesel cycle engines, the manufacturer
may identify particular engine-vehicle combinations and may petition
the Administrator at certification to exclude operating points from the
Not-to-Exceed Control Area defined in paragraphs (b)(1) through (5) of
this section if the manufacturer can demonstrate that the engine is not
capable of operating at such points when used in the specified engine-
vehicle combination(s).
    (ii) For diesel cycle engines that are not petroleum-fueled, the
manufacturer may petition the Administrator at certification to exclude
operating points from the Not-to-Exceed Control Area defined in
paragraphs (b)(1) through (5) of this section if the manufacturer can
demonstrate that the engine is not expected to operate at such points
in normal vehicle operation and use.
* * * * *
    (f) NTE cold temperature operating exclusion. Engines equipped with
exhaust gas recirculation (EGR) whose operation within the NTE control
area specified in paragraph (b) of this section when operating during
cold temperature conditions as specified in paragraph (f)(1) of this
section are not subject to the NTE emission limits during the specified
cold temperature conditions.
* * * * *

Sec.  86.1372-2007  [Redesignated as Sec.  86.1372]

0
159. Section 86.1372-2007 is redesignated as Sec.  86.1372.

Sec. Sec.  86.1375-2007 and 86.1380-2004  [Removed]

0
160. Remove Sec. Sec.  86.1375-2007 and 86.1380-2004.

Subpart O--[Removed and reserved]

0
161. Subpart O is removed and reserved.

Subpart R--[Removed and reserved]

0
162. Subpart R is removed and reserved.

Subpart S--[Amended]

0
163. Section 86.1801-12 is amended by revising paragraphs (a) through
(d) and adding paragraphs (e), (f), and (g) to read as follows:

Sec.  86.1801-12  Applicability.

    (a) Applicability. The provisions of this subpart apply to certain
types of new vehicles as described in this paragraph (a). Where the
provisions apply for a type of vehicle, they apply for vehicles powered
by any fuel, unless otherwise specified. In some cases, manufacturers
of heavy-duty engines and vehicles can choose whether to meet the
requirements of this subpart or the requirements of subpart A of this
part; those provisions are therefore considered optional, but only to
the extent that manufacturers comply with the other set of
requirements. In cases where a provision applies only to a certain
vehicle group based on its model year, vehicle class, motor fuel,
engine type, or other distinguishing characteristics, the limited
applicability is cited in the appropriate section. References in this
subpart to 40 CFR part 86 generally apply to Tier 2 and older vehicles,
while references to 40 CFR part 1066 generally apply to Tier 3 and
newer vehicles; see 40 CFR 86.101 for detailed provisions related to
this transition. The provisions of this subpart apply to certain
vehicles as follows:
    (1) The provisions of this subpart apply for light-duty vehicles
and light-duty trucks.
    (2) The provisions of this subpart apply for medium-duty passenger
vehicles. The provisions of this subpart also apply for other complete
heavy-duty vehicles at or below 14,000 pounds GVWR, except as follows:
    (i) The provisions of this subpart are optional for diesel-cycle
vehicles through model year 2017; however, if you are using the
provisions of Sec.  86.1811-17(b)(9) or Sec.  86.1816-18(b)(8) to
transition to the Tier 3 exhaust emission standards, the provisions of
this subpart are optional for those diesel-cycle vehicles until the
start of the Tier 3 phase-in for those vehicles.
    (ii) Greenhouse gas emission standards apply as specified in 40 CFR
parts 1036 and 1037 instead of the standards specified in this subpart.
    (3) The provisions of this subpart generally do not apply to
incomplete heavy-duty vehicles or to complete vehicles above 14,000
pounds GVWR (see subpart A of this part and 40 CFR part 1037). However,
this subpart applies to such vehicles in the following cases:
    (i) Heavy duty vehicles above 14,000 pounds GVWR and all sizes of
incomplete heavy-duty vehicles may be optionally certified to the
exhaust emission standards in this subpart that apply for heavy-duty
vehicles.
    (ii) The evaporative emission standards apply for incomplete heavy-
duty vehicles at or below 14,000 pounds GVWR. Evaporative emission
standards also apply for complete and incomplete heavy-duty vehicles
above 14,000 pounds GVWR as specified in 40 CFR 1037.103.
    (iii) Refueling emission standards apply for complete heavy-duty
vehicles above 14,000 pounds GVWR as specified in 40 CFR 1037.103. All
sizes of incomplete heavy-duty vehicles may be optionally certified to
the refueling emission standards in this subpart.
    (iv) The onboard diagnostic requirements in this subpart apply for
incomplete vehicles at or below 14,000 pounds GVWR, but not for any
vehicles above 14,000 pounds GVWR.
    (4) The provisions of this subpart are optional for diesel-fueled
Class 3 heavy-duty vehicles in a given model year if those vehicles are
equipped with engines certified to the appropriate standards in Sec.
86.007-11 for which less than half of the engine family's sales for the
model year in the United States are for complete Class 3 heavy-duty
vehicles. This includes engines sold to all vehicle manufacturers. If
you are the original manufacturer of the engine and

the vehicle, base this showing on your sales information. If you
manufacture the vehicle but are not the original manufacturer of the
engine, you must use your best estimate of the original manufacturer's
sales information.
    (5) If you optionally certify vehicles to standards under this
subpart, those vehicles are subject to all the regulatory requirements
as if the standards were mandatory.
    (b) Relationship to subpart A of this part. Unless specified
otherwise, if heavy-duty vehicles are not subject to provisions of this
subpart or if manufacturers choose not to meet optional provisions of
this subpart as described in paragraph (a) of this section, the engines
installed in those vehicles must meet the corresponding requirements
under subpart A of this part. If a vehicle and its installed engine
comply with a mix of provisions from this subpart and from subpart A of
this part, the vehicle must be certified under this subpart, and the
engine does not need to be certified separately.
    (c) Clean alternative fuel conversions. The provisions of this
subpart also apply to clean alternative fuel conversions as defined in
40 CFR 85.502 of all vehicles described in paragraph (a) of this
section.
    (d) Small-volume manufacturers. Special certification procedures
are available for small-volume manufacturers as described in Sec.
86.1838.
    (e) You. The term ``you'' in this subpart refers to manufacturers
subject to the emission standards and other requirements of this
subpart.
    (f) Vehicle. The term ``vehicle'', when used generically, does not
exclude any type of vehicle for which the regulations apply (such as
light-duty trucks).
    (g) Complete and incomplete vehicles. Several provisions in this
subpart, including the applicability provisions described in this
section, are different for complete and incomplete vehicles. We
differentiate these vehicle types as described in Sec.  86.085-20.
* * * * *

0
164. Section 86.1803-01 is amended as follows:
0
a. By removing the definition for ``Certification Short Test (CST)''.
0
b. By adding definitions for ``Class 2b'' and ``Class 3'' in
alphabetical order.
0
c. By removing the definition for ``Complete heavy-duty vehicle''.

0
d. By revising the definitions for ``Emergency vehicle'', ``Family
emission limit (FEL)'', ``Heavy-duty vehicle'', and ``Hybrid electric
vehicle (HEV)''.
0
e. By removing the definitions for ``Incomplete heavy-duty vehicle''
and ``Incomplete truck''.
0
f. By adding definitions for ``LEV III'' and ``Low-altitude
conditions'' in alphabetical order.
0
g. By removing the definition for ``Low altitude conditions''.
0
h. By revising the definition for ``Non-methane organic gases (NMOG)''.
0
i. By adding a definition for ``Rated power'' in alphabetical order.
0
j. By removing the definition for ``Round, rounded or rounding''.
0
k. By adding definitions for ``Round (rounded, rounding)'', ``Section
177 states'', ``Tier 3'', and ``United States'' in alphabetical order.
0
l. By revising the definition for ``U.S. sales''.
0
m. By adding definitions for ``Volatile liquid fuel'' and ``We (us,
our)'' in alphabetical order.

Sec.  86.1803-01  Definitions.

* * * * *
    Class 2b means relating to heavy-duty vehicles at or below 10,000
pounds GVWR.
    Class 3 means relating to heavy-duty vehicles above 10,000 pounds
GVWR and at or below 14,000 pounds GVWR.
* * * * *
    Emergency vehicle means one of the following:
    (1) For the greenhouse gas emission standards in Sec.  86.1818,
emergency vehicle means a motor vehicle manufactured primarily for use
as an ambulance or combination ambulance-hearse or for use by the U.S.
Government or a State or local government for law enforcement.
    (2) For the OBD requirements in Sec.  86.1806, emergency vehicle
means a motor vehicle manufactured primarily for use in medical
response or for use by the U.S. Government or a State or local
government for law enforcement or fire protection.
* * * * *
    Family emission limit (FEL) means a bin standard or emission level
selected by the manufacturer that serves as the applicable emission
standard for the vehicles in the family or test group in the context of
fleet-average standards or emission credits.
* * * * *
    Heavy-duty vehicle means any motor vehicle rated at more than 8,500
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds
or that has a basic vehicle frontal area in excess of 45 square feet.
Note that MDPVs are heavy-duty vehicles that are in many cases subject
to requirements that apply for light-duty trucks.
* * * * *
    Hybrid electric vehicle (HEV) means a motor vehicle which draws
propulsion energy from onboard sources of stored energy that are both
an internal combustion engine or heat engine using consumable fuel, and
a rechargeable energy storage system such as a battery, capacitor,
hydraulic accumulator, or flywheel. This includes plug-in hybrid
electric vehicles.
* * * * *
    LEV III means relating to the LEV III emission standards in Title
13, Sec. Sec.  1961.2 and 1976 of the California Code of Regulations,
as adopted by the California Air Resources Board (incorporated by
reference in Sec.  86.1).
* * * * *
    Low-altitude conditions means a test altitude less than 549 meters
(1,800 feet).
* * * * *
    Non-methane organic gases (NMOG) means the sum of oxygenated and
non-oxygenated hydrocarbons contained in a gas sample as measured using
the procedures described in 40 CFR 1066.635.
* * * * *
    Rated power means an engine's maximum power output in an installed
configuration, as determined by using SAE J1349 (incorporated by
reference in Sec.  86.1).
* * * * *
    Round (rounded, rounding) has the meaning given in 40 CFR
1065.1001, unless otherwise specified.
* * * * *
    Section 177 states means the states that have adopted California's
motor vehicle standards for a particular model year under section 177
of the Clean Air Act (42 U.S.C. 7507).
* * * * *
    Tier 3 means relating to the Tier 3 emission standards described in
Sec. Sec.  86.1811-17, 86.1813-17, and 86.1816-18.
* * * * *
    United States has the meaning given in 40 CFR 1068.30.
* * * * *
    U.S. sales means, unless otherwise specified, sales in any state or
territory of the United States except for California or the section 177
states. Sale location is based on the point of first sale to a dealer,
distributor, fleet operator, broker, or other entity.
* * * * *
    Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure
higher than 2.0 pounds per square inch.
* * * * *

    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
* * * * *

Sec.  86.1805-01  [Removed]

0
165. Remove Sec.  86.1805-01.

0
166. A new Sec.  86.1805-17 is added to subpart S to read as follows:

Sec.  86.1805-17  Useful life.

    (a) General provisions. The useful life values specified in this
section apply for all exhaust, evaporative, refueling, and OBD emission
requirements described in this subpart, except for standards that are
specified to apply only at certification. These useful life
requirements also apply to all air conditioning leakage credits, air
conditioning efficiency credits, and other credit programs used by the
manufacturer to comply with the fleet-average CO2 emission
standards in Sec.  86.1818. Useful life values are specified as a given
number of calendar years and miles of driving, whichever comes first.
    (b) Greenhouse gas pollutants. The emission standards in Sec.
86.1818 apply for a useful life of 10 years or 120,000 miles for LDV
and LLDT and 11 years or 120,000 miles for HLDT and HDV. Manufacturers
may alternatively certify based on a longer useful life as specified in
paragraph (d) of this section.
    (c) Cold temperature emission standards. The cold temperature NMHC
emission standards in Sec.  86.1811 apply for a useful life of 10 years
or 120,000 miles for vehicles at or below 6,000 pounds GVWR, and 11
years or 120,000 miles for vehicles above 6,000 pounds GVWR. The cold
temperature CO emission standards in Sec.  86.1811 apply for a useful
life of 5 years or 50,000 miles.
    (d) Criteria pollutants. The useful life provisions of this
paragraph (d) apply for all emission standards not covered by paragraph
(b) or (c) of this section. Except as specified in paragraph (f) of
this section and in Sec. Sec.  86.1811, 86.1813, and 86.1816, the
useful life for LDT2, HLDT, MDPV, and HDV is 15 years or 150,000 miles.
The useful life for LDV and LDT1 is 10 years or 120,000 miles.
Manufacturers may optionally certify LDV and LDT1 to a useful life of
15 years or 150,000 miles, in which case the longer useful life would
apply for all the standards and requirements covered by this paragraph
(d).
    (e) Intermediate useful life. Where exhaust emission standards are
specified for an intermediate useful life, these standards apply for
five years or 50,000 miles.
    (f) Interim provisions. The useful life provisions of Sec.
86.1805-12 apply for vehicles not yet subject to Tier 3 requirements.
For example, vehicles above 6,000 pounds GVWR are not subject to the
useful life provisions in this section until model year 2019 unless
manufacturers voluntarily certify to the Tier 3 requirements earlier
than the regulations require. Also, where the transition to Tier 3
standards involves a phase-in percentage for a given standard, vehicles
not included as part of the phase-in portion of the fleet continue to
be subject to the useful life provisions of Sec.  86.1805-12 with
respect to that standard. The useful life values for a set of vehicles
may be different for exhaust and evaporative emission standards in 2021
and earlier model years; if vehicles have different useful life values
for evaporative and exhaust emission standards, the evaporative useful
life applies for the OBD requirements related to the leak standard and
the exhaust useful life applies for all other OBD requirements.

Sec. Sec.  86.1806-01 and 86.1806-04  [Removed]

0
167. Remove Sec. Sec.  86.1806-01 and 86.1806-04.

0
168. Section 86.1806-05 is amended by revising the section heading and
paragraphs (b) introductory text, (h), and (j) and adding paragraph
(k)(7) to read as follows:

Sec.  86.1806-05  Onboard diagnostics.

* * * * *
    (b) Malfunction descriptions. The OBD system must detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec.  86.004-2 and codified in
Sec. Sec.  86.158, 86.159, and 86.160. For clean alternative fuel
conversion manufacturers, your OBD system is expected to detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the malfunction definitions
described in this paragraph (b) as measured and calculated in
accordance with the chassis-based test procedures set forth in subpart
B of this part to the extent feasible, excluding the elements of the
Supplemental FTP (see Sec.  86.1803). However, at a minimum, systems
must detect and identify malfunctions as described in paragraph (k)(7)
of this section.
* * * * *
    (h) Incorporation by reference. The following additional
requirements apply based on industry standard specifications, which are
incorporated by reference in Sec.  86.1:
    (1) The following requirements apply for standardized on-board to
off-board communications:
    (i) Starting in model year 2008, light-duty vehicles and light-duty
trucks must comply with ISO 15765-4:2005(E), ``Road Vehicles-
Diagnostics on Controller Area Network (CAN)--Part 4: Requirements for
emission-related systems'', January 15, 2005.
    (ii) Starting in model year 2008, heavy-duty vehicles must comply
with the protocol described in paragraph (h)(1)(i) of this section, or
the following set of SAE standards: SAE J1939-11, Revised October 1999;
SAE J1939-13, July 1999; SAE J1939-21, Revised April 2001; SAE J1939-
31, Revised December 1997; SAE J1939-71, Revised January 2008; SAE
J1939-73, Revised September 2006; SAE J1939-81, May 2003.
    (iii) Note that for model years 1996 through 2007 manufacturers
could instead comply with the protocols specified in SAE J1850, ISO
9141-2, or ISO 14230-4.
    (2) Light-duty vehicles and light-duty trucks must meet the
following additional specifications:
    (i) Basic diagnostic data (as specified in Sec. Sec.  86.094-17(e)
and (f)) shall be provided in the format and units in SAE J1979 ``E/E
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5: Revised, May
2007.
    (ii) Diagnostic trouble codes shall be consistent with SAE J2012
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6:
April 30, 2002'', (Revised, April 2002).
    (iii) The connection interface between the OBD system and test
equipment and diagnostic tools shall meet the functional requirements
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-3:
December 14, 2001'' (Revised, April 2002).
    (iv) SAE J1930, Revised April 2002. All acronyms, definitions and
abbreviations shall be formatted according to this industry standard.
Alternatively, manufacturers may use SAE J2403, Revised August 2007.
    (v) All equipment used to interface, extract, and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool''
Equivalent to ISO 15031-4: December 14, 2001'', (Revised, April 2002).
* * * * *

    (j) California OBDII compliance option. Manufacturers may comply
with California's OBD requirements instead of meeting the requirements
of this section as follows:
    (1) Through the 2006 model year, demonstration of compliance with
California OBDII requirements (Title 13 California Code of Regulations
Sec.  1968.2 (13 CCR 1968.2)), as modified, approved and filed on April
21, 2003 (incorporated by reference, see Sec.  86.1), shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(16.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing.
    (2) For 2007 through 2012 model year vehicles, demonstration of
compliance with California OBD II requirements (Title 13 California
Code of Regulations Sec.  1968.2 (13 CCR 1968.2)), approved on November
9, 2007 (incorporated by reference, see Sec.  86.1), shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(k) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(15.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing.
    (3) Beginning with the 2013 model year, manufacturers may
demonstrate compliance with California's 2013 OBD requirements as
described in Sec.  86.1806-17(a).
    (4) For all model years, the deficiency provisions of paragraph (i)
of this section and the evaporative leak detection requirement of
paragraph (b)(4) of this section, if applicable, apply to manufacturers
selecting this paragraph for demonstrating compliance.
    (k) * * *
    (7) For clean alternative fuel conversion manufacturers (e.g.,
natural gas, liquefied petroleum gas, methanol, ethanol), in lieu of
the requirements specified for other manufacturers in this paragraph
(k), you may demonstrate that the malfunction indicator light will
illuminate, at a minimum, under any of the following circumstances when
the vehicle is operated on the applicable alternative fuel:
    (i) Otto-cycle. A catalyst is replaced with a defective catalyst
system where the catalyst brick for the monitored volume has been
removed (i.e., empty catalyst system) resulting in an increase of 1.5
times the NMOG (or NMOG+NOX) standard or FEL above the NMOG
(or NMOG+NOX) emission level measured using a representative
4000 mile catalyst system.
    (ii) Diesel. (A) If monitored for emissions performance--a catalyst
is replaced with a defective catalyst system where the catalyst brick
for the monitored volume has been removed (i.e., empty catalyst can)
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NOX (or NMOG+NOX) or PM.
    (B) If monitored for performance--a particulate trap is replaced
with a trap that has catastrophically failed.
    (iii) Misfire. (A) Otto-cycle. An engine misfire condition is
induced that completely disables one or more cylinders, either through
mechanical or electrical means, resulting in exhaust emissions
exceeding 1.5 times the applicable standards or FEL for CO, NMOG, or
NOX (or NMOG+NOX).
    (B) Diesel. An engine misfire condition resulting in complete lack
of cylinder firing is induced and is not detected.
    (iv) If so equipped, any oxygen sensor is replaced with a
completely defective oxygen sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for CO, NMOG, or NOX (or
NMOG+NOX).
    (v) If so equipped and applicable, a vapor leak is introduced in
the evaporative and/or refueling system (excluding the tubing and
connections between the purge valve and the intake manifold) greater
than or equal in magnitude to a leak caused by a 0.040 inch diameter
orifice, or the evaporative purge air flow is blocked or otherwise
eliminated from the complete evaporative emission control system. At a
minimum, gas cap removal or complete venting of the evaporative and/or
refueling system may be introduced resulting in a gross leak of the
complete evaporative emission control system.
    (vi) A malfunction condition is induced resulting in complete
disablement in any emission-related powertrain system or component,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, the secondary air system, if equipped, and
the fuel control system, singularly resulting in exhaust emissions
exceeding 1.5 times the applicable emission standard or FEL for PM, CO,
NMOG, or NOX (or NMOG+NOX).
    (vii) A malfunction condition is induced that completely disables
an electronic emission-related powertrain system or component not
otherwise described in this paragraph (k) that either provides input to
or receives commands from the onboard computer resulting in a
measurable impact on emissions. At a minimum, manufacturers may be
required to perform this disablement on critical inputs and outputs
where lack of the input and output disables an entire monitor as
described in this paragraph (k)(7)(vii), disables multiple monitors
(e.g., two or more) used by the onboard computer, or renders the entire
onboard computer and its functions inoperative.
    (viii) Clean alternative fuel conversion manufacturers must use
good engineering judgment to induce malfunctions and may perform more
stringent malfunction demonstrations than described in this paragraph
(k)(7). In addition, the Administrator reserves the right to request a
clean alternative fuel conversion manufacturer to perform stricter
demonstration requirements, to the extent feasible, on clean
alternative fuel conversions.
* * * * *

0
169. A new Sec.  86.1806-17 is added to subpart S to read as follows:

Sec.  86.1806-17  Onboard diagnostics.

    Model year 2017 and later vehicles must have onboard diagnostic
(OBD) systems as described in this section. OBD systems must generally
detect malfunctions in the emission control system, store trouble codes
corresponding to detected malfunctions, and alert operators
appropriately.
    (a) Vehicles must comply with the 2013 OBD requirements adopted for
California as described in this paragraph (a). California's 2013 OBD-II
requirements are part of Title 13, Sec.  1968.2 of the California Code
of Regulations, approved on July 31, 2013 (incorporated by reference in
Sec.  86.1). The following clarifications and exceptions apply for
vehicles certified under this subpart:
    (1) For vehicles not certified in California, references to
vehicles meeting certain California Air Resources Board emission
standards are understood to refer to the corresponding EPA emission
standards for a given family, where applicable. Use good

engineering judgment to correlate the specified standards with the bin
standards that apply under this subpart.
    (2) Vehicles must comply with OBD requirements throughout the
useful life as specified in Sec.  86.1805. If the specified useful life
is different for evaporative and exhaust emissions, the useful life
specified for evaporative emissions applies for monitoring related to
fuel-system leaks and the useful life specified for exhaust emissions
applies for all other parameters.
    (3) The purpose and applicability statements in 13 CCR 1968.2(a)
and (b) do not apply.
    (4) The anti-tampering provisions in 13 CCR 1968.2(d)(1.4) do not
apply.
    (5) The requirement to verify proper alignment between the camshaft
and crankshaft described in 13 CCR 1968.2(e)(15.2.1)(C) applies only
for vehicles equipped with variable valve timing.
    (6) The deficiency provisions described in paragraph (c) of this
section apply instead of 13 CCR 1968.2(k).
    (7) For emergency vehicles only, the provisions of 13 CCR
1968.2(e)(6.2.1) related to monitoring and identification of air-fuel
ratio cylinder imbalance, as part of the fuel system monitoring, do not
apply until model year 2020, unless the vehicle met the requirements in
2016 or earlier model years.
    (8) Apply thresholds for exhaust emission malfunctions from Tier 3
vehicles based on the thresholds calculated for the corresponding bin
standards in the California LEV II program as prescribed for the latest
model year in CCR 1968.2(e)(1) through (3). For example, for Tier 3 Bin
160 standards, apply the threshold that applies for the LEV standards.
For cases involving Tier 3 standards that have no corresponding bin
standards from the California LEV II program, use the next highest LEV
II bin. For example, for Tier 3 Bin 50 standards, apply the threshold
that applies for the ULEV standards. You may apply thresholds that are
more stringent than we require under this paragraph (a)(8).
    (b) The following additional provisions apply:
    (1) Model year 2017 and later vehicles must meet the OBD system
requirements described in this paragraph (b)(1). When monitoring
conditions are satisfied, test vehicles must detect the presence of a
leak with an effective leak diameter at or above 0.020 inches,
illuminate the MIL, and store the appropriate confirmed diagnostic
trouble codes (DTCs) (13 CCR 1968.2 refers to these as fault codes).
For a 0.020 inch leak, the DTC(s) shall be a generic SAE J2012 DTC that
is specific to an EVAP system very small leak (e.g., P0456, P04EE, or
P04EF) or an equivalent manufacturer-specific DTC that we approve.
Conduct testing using an O'Keefe Controls Co. metal ``Type B'' orifice
with a diameter of 0.020 inches or an alternate orifice diameter
approved under 13 CCR 1968.2(e)(4.2.3) or (e)(4.2.4).
    (i) Use the methodology specified in 13 CCR 1968.2(h)(2.2) to
select test vehicles to demonstrate that the OBD system is capable of
detecting a 0.020 inch leak installed in the evaporative system, except
that the manufacturer may use production-representative vehicles
instead of the vehicle options specified in 13 CCR 1968.2(h)(2.3).
    (ii) Perform tests in the laboratory, with or without a
dynamometer, or on an outdoor road surface, as necessary to exercise
the vehicle's ability to detect leaks in the evaporative system.
    (iii) Perform at least two tests to evaluate the OBD system for
leaks that are installed near the fuel fill pipe and near the canister.
The implanted leak near the fuel fill pipe must be at the fuel cap or
between the fuel cap and the fuel tank. The implanted leak near the
canister must be in the vapor line between the canister and the fuel
tank, or between the canister and the purge valve). If a vehicle has
multiple canisters or fuel fill pipes, repeat the testing to evaluate
the system for implanted leaks corresponding to each canister and fuel
fill pipe. You may propose to implant leaks in different locations
(e.g., near the purge valve); we will approve your alternate leak
location if it more effectively demonstrates leak detection for your
particular fuel system design.
    (iv) If vehicle operation is needed to fulfill preconditioning
(i.e., when engine-off tests require driving before vehicle shutdown to
enable the engine-off monitor) or monitoring conditions for leak
detection under this paragraph (b)(1) utilize an FTP cycle, Unified
cycle, or some other specified operating cycle that will satisfy the
approved monitoring or preconditioning conditions without the
interference of approved deficiencies. Continue vehicle operation as
needed to illuminate the MIL and store the appropriate DTCs.
    (v) Emission measurements are not required during this OBD
evaporative system leak monitoring demonstration testing.
    (vi) For test groups not selected for testing in a given model
year, you may instead provide a statement in the application for
certification, consistent with good engineering judgment, that vehicles
meet leak-detection requirements based on previous OBD tests,
development tests, or other appropriate information. For any untested
test groups, the statement specified in Sec.  86.1844-01(d)(8) applies
with regard to the leak monitoring requirement. We may ask you to
provide the data and other information that formed the basis for your
statement. Select test groups in later model years such that testing
will rotate to cover your whole product line over time.
    (vii) Submit the following information in the application for
certification:
    (A) Describe the test sequence.
    (B) Identify the driving cycle used and the time expired and
distance driven before the MIL illuminated.
    (C) Identify the ranges of in-use environmental and vehicle
operating conditions for which the vehicle will not meet the leak-
detection specifications described in this paragraph (b)(1). To meet
this requirement, you may give us the same information you gave the
California Air Resources Board regarding enable conditions for the
evaporative system leak monitor.
    (D) Identify the confirmed and permanent DTCs set by the OBD system
during testing.
    (E) Include the freeze frame information stored at the point the
fault is detected.
    (F) Include the SAE J1979 test results (e.g., Mode/Service $06)
corresponding to the DTCs that were stored during the test.
    (viii) If you have one or more vehicle models in model year 2016
that do not comply with the leak requirements in 13 CCR 1968.2(e)(4),
you may comply with the requirements of this paragraph (b)(1) in model
year 2017 by substituting model year 2016 vehicles on an equal-
percentage basis. Demonstrate this by calculating the percentage of
vehicles subject to OBD requirements under this subpart that meet the
requirements of this paragraph (b)(1) in model years 2016 and 2017; the
sum of these two percentage values must be at or above 100 percent. Any
model year 2017 vehicles not meeting the requirements of this paragraph
(b)(1), as allowed by this paragraph (b)(1)(viii), may not be counted
as compliant Tier 3 vehicles under the alternative phase-in specified
in Sec.  86.1813-17(g)(2)(ii).
    (2) For vehicles subject to the leak standard in Sec.  86.1813, OBD
systems must record in computer memory the result of the most recent
successfully completed diagnostic check for a 0.020 inch leak. Someone
must be able to use the data to determine the miles driven since the
last check occurred, the pass/fail result, and whether there has been

a check since the computer memory was last cleared (e.g., from a scan
tool command or battery disconnect). The system may be designed to keep
data only from the previous 750 miles of driving. (Note: This 750 mile
requirement is related to the use of the OBD evaporative leak monitor
in the leak test and should not be confused with either the minimum or
maximum distance values specified in Table G-19 of SAE J1979.) The data
must be reported in a standardized format consistent with other data
required for the OBD system. The results must be scan-readable.
    (3) For vehicles with fuel tanks exceeding 25 gallons nominal fuel
tank capacity, you may request our approval for a leak threshold
greater than 0.020 inches, up to a maximum value of 0.040 inches. We
will generally approve a leak threshold equal to the standard that
applies under Sec.  86.1813.
    (c) You may ask us to accept as compliant a vehicle that does not
fully meet specific requirements under this section. Such deficiencies
are intended to allow for minor deviations from OBD standards under
limited conditions. We expect vehicles to have functioning OBD systems
that meet the objectives stated in this section. The following
provisions apply regarding OBD system deficiencies:
    (1) Except as specified in paragraph (d) of this section, we will
not approve a deficiency that involves the complete lack of a major
diagnostic monitor, such as monitors related to exhaust aftertreatment
devices, oxygen sensors, air-fuel ratio sensors, NOX
sensors, engine misfire, evaporative leaks, and diesel EGR (if
applicable).
    (2) We will approve a deficiency only if you show us that full
compliance is infeasible or unreasonable considering any relevant
factors, such as the technical feasibility of a given monitor, or the
lead time and production cycles of vehicle designs and programmed
computing upgrades.
    (3) Our approval for a given deficiency applies only for a single
model year, though you may continue to ask us to extend a deficiency
approval in renewable one-year increments. We may approve an extension
if you demonstrate an acceptable level of effort toward compliance and
show that the necessary hardware or software modifications would pose
an unreasonable burden.
    (d) For alternative-fuel vehicles, manufacturers may request a
waiver from specific requirements for which monitoring may not be
reliable for operation with the alternative fuel. However, we will not
waive requirements that we judge to be feasible for a particular
manufacturer or vehicle model.
    (e) For alternative-fuel conversions, manufacturers may meet the
requirements of Sec.  86.1806-05 instead of the requirements of this
section.
    (f) You may ask us to waive certain requirements in this section
for emergency vehicles. We will approve your request for an appropriate
duration if we determine that the OBD requirement in question could
harm system performance in a way that would impair a vehicle's ability
to perform its emergency functions.
    (g) The following interim provisions describe an alternate
implementation schedule for the requirements of this section in certain
circumstances:
    (1) Manufacturers may delay complying with all the requirements of
this section, and instead meet all the requirements that apply under
Sec.  86.1806-05, for any heavy-duty vehicles that are not yet subject
to the Tier 3 standards in Sec.  86.1816.
    (2) Except as specified in this paragraph (g)(2), small-volume
manufacturers may delay complying with all the requirements of this
section until model year 2022, and instead meet all the requirements
that apply under Sec.  86.1806-05 during those years. This provision
does not apply for a vehicle model if it is identical to a 2016 vehicle
model that was certified to meet California's OBD requirements under
Sec.  86.1806-05(j)(3). A vehicle model is considered identical to one
from model year 2016 if it is certified in the current year based on
the same test data for exhaust or evaporative emissions under the
carryover data provisions of this subpart.
    (3) Manufacturers may disregard the requirements of this section
that apply above 8,500 pounds GVWR before model year 2019 and instead
meet all the requirements that apply under Sec.  86.1806-05. This also
applies for model year 2019 vehicles from a test group with vehicles
that have a Job 1 date on or before March 3, 2018 (see 40 CFR 85.2304).

Sec.  86.1807-01  [Amended]

0
170. Section 86.1807-01 is amended by removing and reserving paragraph
(a)(3)(ix).

0
171. Section 86.1808-01 is amended as follows:
0
a. By revising paragraphs (f)(1), (f)(3) introductory text,
(f)(6)(ii)(D), (f)(7)(i) introductory text, (f)(7)(ii)(B), (f)(10)(ii),
(f)(13) introductory text, (f)(13)(iv), and (f)(16)(i).
0
b. By adding paragraph (g).

Sec.  86.1808-01  Maintenance instructions.

* * * * *
    (f) * * *
    (1) Applicability. Manufacturers are subject to the provisions of
this paragraph (f) for 1996 model year for and later light-duty
vehicles and light-duty trucks. Manufacturers are subject to the
provisions of this paragraph (f) for 2005 model year and later heavy-
duty vehicles at or below 14,000 pounds GVWR and the corresponding
engines that are subject to the OBD requirements of this part.
* * * * *
    (3) Information dissemination. Each manufacturer shall provide or
cause to be provided to the persons specified in paragraph (f)(2)(i) of
this section and to any other interested parties a manufacturer-
specific Web site containing the information specified in paragraph
(f)(2)(i) of this section for vehicles identified in paragraph (f)(1)
of this section that have been offered for sale; this requirement does
not apply to indirect information, including the information specified
in paragraphs (f)(12) through (f)(16) of this section. Each
manufacturer Web site shall--
* * * * *
    (6) * * *
    (ii) * * *
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
* * * * *
    (7) * * *
    (i) All information required to be made available by this section
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
* * * * *
    (ii) * * *
    (B) The Administrator will act on the request within 180 days
following receipt of a complete request or following receipt of any
additional information requested by the Administrator.
* * * * *
    (10) * * *
    (ii) Provide on the manufacturer's Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 1994 and newer vehicles. The required
information must be made available for purchase within 3 months of
model introduction and then must be made available at the same time it
is made available to manufacturer-franchised dealerships, whichever is
earlier. The index shall describe the title

of the course or instructional session, the cost of the video tape or
duplicate, and information on how to order the item(s) from the
manufacturer Web site. All of the items available must be shipped
within 24 hours of the order being placed and are to be made available
at a fair and reasonable price as described in paragraph (f)(7) of this
section. Manufacturers unable to meet the 24 hour shipping requirement
under circumstances where orders exceed supply and additional time is
needed by the distributor to reproduce the item being ordered may
exceed the 24 hour shipping requirement, but in no instance can take
longer than 14 days to ship the item.
* * * * *
    (13) Generic and enhanced information for scan tools. Manufacturers
shall make available to equipment and tool companies all generic and
enhanced service information including bi-directional control and data
stream information as defined in paragraph (f)(2)(ii) of this section.
This requirement applies for 1996 and later model year vehicles.
* * * * *
    (iv) Manufacturers can satisfy the requirement of paragraph
(f)(13)(iii) of this section by making available diagnostic trouble
trees on their Web sites in full text.
* * * * *
    (16) * * *
    (i) Manufacturers who have developed special tools to extinguish
the malfunction indicator light (MIL) for Model Years 1994 through 2003
shall make available the necessary information to equipment and tool
companies to design a comparable generic tool.
* * * * *
    (g) Through model year 2013, the manufacturer shall furnish or
cause to be furnished to the purchaser the following statement for each
new diesel-fueled Tier 2 vehicle (certified using a test fuel with 15
ppm sulfur or less): ``This vehicle must be operated only with ultra
low sulfur diesel fuel (that is, diesel fuel meeting EPA specifications
for highway diesel fuel, including a 15 ppm sulfur cap).''

Sec.  86.1808-07  [Removed]

0
172. Remove Sec.  86.1808-07.

0
173. Section 86.1809-12 is amended by revising paragraph (c)
introductory text to read as follows:

Sec.  86.1809-12  Prohibition of defeat devices.

* * * * *
    (c) For cold temperature CO and cold temperature NMHC emission
control, the Administrator will use a guideline to determine the
appropriateness of the CO and NMHC emission control at ambient
temperatures between 25 [deg]F (the upper bound of the FTP test
temperature range) and 68 [deg]F (the lower bound of the FTP test
temperature range). The guideline for CO emission congruity across the
intermediate temperature range is the linear interpolation between the
CO standard applicable at 25 [deg]F and the CO standard applicable at
68 [deg]F. The guideline for NMHC emission congruity across the
intermediate temperature range is the linear interpolation between the
NMHC FEL pass limit (e.g., 0.3499 g/mi for a 0.3 g/mi FEL) applicable
at 20 [deg]F and the Tier 2 NMOG standard or the Tier 3
NMOG+NOX bin standard to which the vehicle was certified at
68 [deg]F, where the intermediate temperature NMHC level is rounded to
the nearest hundredth for comparison to the interpolated line. For
vehicles that exceed this CO emissions guideline or this NMHC emissions
guideline upon intermediate temperature testing:
* * * * *

0
174. Section 86.1810-01 is amended by removing and reserving paragraph
(m), and revising paragraphs (f), (k)(3), and (o) to read as follows:

Sec.  86.1810-01  General standards; increase in emissions; unsafe
condition; waivers.

* * * * *
    (f) Altitude requirements. Unless otherwise specified, emission
standards apply at low-altitude conditions and at high-altitude
conditions. The following exceptions apply:
    (1) The supplemental exhaust emission standards as described in
Sec.  86.1811-04(f) apply only at low-altitude conditions;
    (2) The cold temperature NMHC emission standards as described in
Sec.  86.1811-10(g) apply only at low-altitude conditions;
    (3) The evaporative emission standards specified in Sec.  86.1811-
09(e) apply at low-altitude conditions. The evaporative emission
standards specified in Sec.  86.1811-04(e) continue to apply at high-
altitude conditions for 2009 and later model year vehicles.
* * * * *
    (k) * * *
    (3) Refueling receptacle requirements. Compressed natural gas
vehicles must meet the requirements for fueling connection devices as
specified in Sec.  86.1813-17(f)(1).
* * * * *
    (o) NMOG measurement procedures. Measure NMOG emissions using the
procedures described in 40 CFR 1065.635.
* * * * *

0
175. A new Sec.  86.1810-17 is added to subpart S to read as follows:

Sec.  86.1810-17  General requirements.

    The following provisions apply to all vehicles certified under this
subpart:
    (a) Any device, system or element of design installed on or
incorporated in a new motor vehicle to enable such vehicle to conform
to the standards imposed by this subpart:
    (1) Shall not in its operation or function cause the emission into
the ambient air of any noxious or toxic substance that would not be
emitted in the operation of such vehicle without such system, except as
specifically permitted by regulation; and
    (2) Shall not in its operation, function or malfunction result in
any unsafe condition endangering the vehicle, its occupants, or persons
or property in close proximity to the vehicle.
    (b) In establishing the physically adjustable range of each
adjustable parameter on a new motor vehicle, the manufacturer shall
ensure that, taking into consideration the production tolerances, safe
vehicle drivability characteristics are available within that range.
    (c) Unless otherwise specified, the emission standards of this
subpart apply equally for certification and for in-use vehicles
throughout the specified useful-life period. Also, manufacturers must
use good engineering judgment to determine that all of a vehicle's
emission-related components are designed to operate properly throughout
the specified useful-life period.
    (d) Vehicles may not discharge crankcase emissions into the ambient
atmosphere.
    (e) All vehicles must have an onboard diagnostic system as
described in Sec.  86.1806.
    (f) Emission standards apply at low-altitude conditions and at
high-altitude conditions, except as noted in this subpart.
    (g) The cold temperature CO and NMHC standards in this subpart
refer to test procedures set forth in subpart C of this part and 40 CFR
part 1066, subpart H. All other emission standards in this subpart rely
on test procedures set forth in subpart B of this part. These
procedures rely on the test specifications in 40 CFR parts 1065 and
1066 as described in subparts B and C of this part.
    (h) Multi-fueled vehicles (including dual-fueled and flexible-
fueled vehicles) must comply with all the requirements

established for each consumed fuel (and blend of fuels for flexible-
fueled vehicles). The following specific provisions apply for flexible-
fueled vehicles that operate on ethanol and gasoline:
    (1) For exhaust emissions, we may identify the worst-case fuel
blend for testing in addition to what is required for gasoline-fueled
vehicles. The worst-case fuel blend may be the fuel specified in 40 CFR
1065.725, or it may consist of a combination of the fuels specified in
40 CFR 1065.710(b) and 1065.725. We may waive testing with the worst-
case blended fuel for US06 and/or SC03 duty cycles; if we waive only
SC03 testing, substitute the SC03 emission result using the standard
test fuel for gasoline-fueled vehicles to calculate composite SFTP
emissions.
    (2) For refueling emissions, we may identify the worst-case fuel
blend for testing in addition to what is required for gasoline-fueled
vehicles. The worst-case fuel blend may consist of a combination of the
fuels specified in 40 CFR 1065.710(c) and 1065.725. This is generally
expected to be a fuel blend with 10 percent ethanol and a nominal Dry
Vapor Pressure Equivalent of 10 psi. You may prepare such a worst-case
fuel blend by mixing it before dispensing into the vehicle's fuel tank,
or by consecutively dispensing appropriate amounts of the two specified
fuels into a fuel tank.
    (3) No additional spitback or evaporative emission testing is
required beyond the emission measurements with the gasoline test fuel
specified in 40 CFR 1065.710.
    (i) Where we specify requirements based on a percentage of total
sales volume in a given model year, you may instead ask us to calculate
the percentage based on production volumes instead of sales volumes.

Sec.  86.1811-01  [Removed]

0
176. Remove Sec.  86.1811-01.

0
177. Section 86.1811-04 is amended as follows:
0
a. By revising paragraph (e)(3)(i).
0
b. By removing and reserving paragraph (h).
0
c. By revising paragraphs (j), (n), and (o)(1) to read as follows:

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

* * * * *
    (e) * * *
    (3) * * *
    (i) For gasoline-fueled and methanol-fueled LDV, LDT and MDPV: 0.20
grams hydrocarbon per gallon (0.053 grams per liter) of fuel dispensed.
This standard also applies for diesel-fueled LDV.
* * * * *
    (j) Highway NOX exhaust emission standard. The NOX
emissions measured on the federal Highway Fuel Economy Test in 40 CFR
part 600, subpart B, must not be greater than 1.33 times the applicable
FTP NOX standard to which the manufacturer certifies the
test group. Both the measured emissions and the product of the
NOX standard and 1.33 must be rounded to the nearest 0.01 g/
mi before being compared.
* * * * *
    (n) Requirements for vehicles with rechargeable energy storage
systems. Manufacturers must measure emissions from hybrid electric
vehicles (including plug-in hybrid electric vehicles) as described in
40 CFR part 1066, subpart F, except that these procedures do not apply
for plug-in hybrid electric vehicles during charge-depleting operation.
    (o) * * *
    (1) Manufacturers must measure NMOG emissions using the procedures
described in 40 CFR 1066.635.
* * * * *

0
178. A new Sec.  86.1811-17 is added to subpart S to read as follows:

Sec.  86.1811-17  Exhaust emission standards for light-duty vehicles,
light-duty trucks and medium-duty passenger vehicles.

    (a) Applicability and general provisions. This section describes
exhaust emission standards that apply for model year 2017 and later
light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles. MDPVs are subject to all the same provisions of this section
that apply to LDT4. Some of the provisions of this section also apply
to heavy-duty vehicles as specified in Sec.  86.1816. See Sec.  86.1818
for greenhouse gas emission standards. See Sec.  86.1813 for
evaporative and refueling emission standards. This section may apply to
vehicles from model years earlier than 2017 as specified in paragraph
(b)(11) of this section.
    (b) Tier 3 exhaust emission standards. Exhaust emissions may not
exceed the Tier 3 exhaust emission standards, as follows:
    (1) Measure emissions using the chassis dynamometer procedures of
40 CFR part 1066, as follows:
    (i) Establish appropriate load settings based on loaded vehicle
weight (see Sec.  86.1803).
    (ii) Use appropriate driving schedules. Measurements involve
testing over multiple driving schedules. The Federal Test Procedure
(FTP) is based on testing with the Urban Dynamometer Driving Schedule
(UDDS). The Supplemental Federal Test Procedure (SFTP) involves testing
with the UDDS, the US06 driving schedule, and the SC03 driving
schedule. See 40 CFR 1066.801 for further information on these test
cycles.
    (iii) Calculate SFTP emissions as a composite of test results over
the driving schedules identified in paragraph (b)(1)(ii) of this
section based on the following calculation:

SFTP (g/mi) = 0.35 x FTP + 0.28 x US06 + 0.37 x SC03

    (A) For test vehicles that do not have air conditioning, you may
omit SC03 testing. To calculate composite SFTP emissions for such
vehicles, use FTP emission results to substitute for the SC03 value in
the equation.
    (B) You may also use FTP emission results to substitute for the
SC03 value in the equation for the types of vehicles identified in 40
CFR 600.115 that automatically qualify for the derived 5-cycle method
for determining fuel economy label values. Such vehicles remain subject
to the SFTP standard when tested over the SC03 driving schedule. Other
vehicles remain subject to the litmus-test provisions in 40 CFR
600.115.
    (iv) Use E10 test fuel as required in Sec.  86.113, except as
specified in this section.
    (v) Hydrocarbon emission standards are expressed as NMOG; however,
for certain vehicles you may measure exhaust emissions based on
nonmethane hydrocarbon instead of NMOG as described in 40 CFR 1066.635.
    (vi) Measure emissions from hybrid electric vehicles (including
plug-in hybrid electric vehicles) as described in 40 CFR part 1066,
subpart F, except that these procedures do not apply for plug-in hybrid
electric vehicles during charge-depleting operation.
    (2) Table 1 of this section describes fully phased-in Tier 3
standards that apply as specified in this paragraph (b) for the
identified driving schedules. The FTP standards for NMOG+NOX
apply on a fleet-average basis using discrete bin standards as
described in paragraph (b)(4) of this section. The bin standards
include additional emission standards for high-altitude testing and for
CO emissions when testing over the FTP driving schedule. The SFTP
standards for NMOG+NOX apply on a fleet-average basis as
described in paragraph (b)(5) of this section. Table 1 follows:

                 Table 1 of Sec.   86.1811-17--Fully Phased-in Tier 3 Exhaust Emission Standards
                                                    [g/mile]
----------------------------------------------------------------------------------------------------------------
              NMOG+NOX                                 PM                           CO            Formaldehyde
----------------------------------------------------------------------------------------------------------------
     FTP \1\              SFTP               FTP                US06               SFTP               FTP
----------------------------------------------------------------------------------------------------------------
          0.030              0.050              0.003              0.006                4.2              0.004
----------------------------------------------------------------------------------------------------------------
\1\ The fleet-average FTP emission standard for NMOG+NOX is 0.026 g/mile for any LDV or LDT1 test group
  certified to standards based on a useful life of 120,000 miles or 10 years in a given model year.

    (3) The FTP standards specified in this section apply for testing
at low-altitude conditions and high-altitude conditions as specified in
paragraph (b)(4) of this section. The SFTP standards specified in
paragraph (b)(2) of this section apply only for testing at low-altitude
conditions.
    (4) The FTP emission standard for NMOG+NOX is based on a
fleet average for a given model year. You must specify a family
emission limit (FEL) for each test group. The FEL serves as the
emission standard for the test group with respect to all required FTP
testing. Calculate your fleet-average emission level as described in
Sec.  86.1860 based on the FEL that applies for low-altitude testing to
show that you meet the specified standard. For multi-fueled vehicles,
calculate fleet-average emission levels based only on emission levels
for testing with gasoline or diesel fuel. You may generate emission
credits for banking and trading and you may use banked or traded
credits as described in Sec.  86.1861 for demonstrating compliance with
the FTP emission standard for NMOG+NOX. You comply with the
emission standard for a given model year if you have enough credits to
show that your fleet-average emission level is at or below the
applicable standard. You may exchange FTP credits between or among any
test groups subject to standards under this section. You may not
exchange FTP and SFTP credits.
    (i) Specify one of the identified values from Table 2 of this
section as the FEL for demonstrating that your fleet-average emission
level complies with the FTP emission standard for NMOG+NOX
under low-altitude conditions. These FEL values define emission bins
that also determine corresponding emission standards for
NMOG+NOX emissions under high-altitude conditions, and for
CO emissions, as follows:

                             Table 2 of Sec.   86.1811-17--Tier 3 FTP Bin Standards
                                                    [g/mile]
----------------------------------------------------------------------------------------------------------------
                                                                   NMOG+NOX FELs
                            FEL Name                                  for low      NMOG+NOX for   CO for low and
                                                                     altitude      high altitude   high altitude
----------------------------------------------------------------------------------------------------------------
Bin 160.........................................................           0.160           0.160             4.2
Bin 125.........................................................           0.125           0.160             2.1
Bin 70..........................................................           0.070           0.105             1.7
Bin 50..........................................................           0.050           0.070             1.7
Bin 30..........................................................           0.030           0.050             1.0
Bin 20..........................................................           0.020           0.030             1.0
Bin 0...........................................................           0.000           0.000             0.0
----------------------------------------------------------------------------------------------------------------

    (ii) Manufacturers earn a compliance credit of 0.005 g/mile
NMOG+NOX for vehicles that are certified for a useful life
of 150,000 miles or 15 years and that are covered by an extended
warranty over the same period for all components whose failure triggers
MIL illumination. Manufacturers may apply the compliance credit as
follows:
    (A) You may reduce your official FTP emission result for
certification by the amount of the compliance credit if that allows you
to certify to a more stringent bin. In that case, you may use the more
stringent bin standard for calculating the fleet-average
NMOG+NOX emission level. For any compliance testing with
these vehicles, the applicable FTP bin standard for NMOG+NOX
is higher than the specified bin standard by the amount of the
compliance credit. For example, if the official FTP emission result for
NMOG+NOX is 0.052 g/mile, this qualifies for an FEL of 0.050
g/mile for calculating the fleet average and the vehicle is subject to
an FTP bin standard of 0.055 g/mile.
    (B) If the amount of the compliance credit does not allow you to
certify to a more stringent bin, calculate the fleet-average
NMOG+NOX emission level using an FEL for these vehicles that
is smaller than the bin standard by the amount of the compliance
credit. For any compliance testing with these vehicles, the specified
bin standard applies. For example, if the official FTP emission result
for NMOG+NOX is 0.038 g/mile, calculate the fleet-average
NMOG+NOX emission level by specifying an FEL of 0.045 g/
mile; these vehicles are subject to the specified FTP bin standard of
0.050 g/mile.
    (iii) If you qualify for a compliance credit for direct ozone
reduction under the LEV III program, you may apply the compliance
credit approved for California vehicles as described in paragraphs
(b)(4)(ii)(A) and (B) of this section.
    (iv) You may combine the adjustments in paragraphs (b)(4)(ii) and
(iii) of this section if you qualify for them separately.
    (5) The SFTP emission standard for NMOG+NOX is also
based on a fleet average in a given model year. You must specify FELs
as described in paragraph (b)(4) of this section and calculate a fleet-
average emission level to show that you meet the SFTP emission standard
for NMOG+NOX, except that you may specify FELs in any even
increment of 0.010 g/mile up to a maximum value of 0.180 g/mile. You
may generate emission credits for banking and trading and you may use
banked or traded credits as described in Sec.  86.1861 for
demonstrating compliance with the SFTP emission standard for
NMOG+NOX. You comply with the emission standard for a given
model

year if you have enough credits to show that your fleet-average
emission level is at or below the applicable standard. You may exchange
SFTP credits between or among any test groups subject to standards
under this section. You may not exchange FTP and SFTP credits. The SFTP
standards described in this section apply only for testing at low-
altitude conditions.
    (6) The full Tier 3 program includes new emission standards for
NMOG+NOX, PM, CO, and formaldehyde; it also includes
measurement with a new test fuel and a longer useful life (for some
vehicles). Vehicles meeting all these requirements are considered Final
Tier 3 vehicles. Vehicles that do not meet all the Tier 3 requirements
are considered Interim Tier 3 vehicles. Paragraphs (b)(7) through (13)
of this section describe how to comply with standards during a phase-in
period.
    (7) The Tier 3 PM standards phase in over several years. The
following provisions describe the primary approach for phasing in the
Tier 3 PM standards:
    (i) You must meet the FTP and the US06 PM standards with 20, 20,
40, 70, and 100 percent of your projected nationwide sales of all
vehicles subject to this section in model years 2017 through 2021,
respectively. In model years 2017 and 2018, an interim US06 PM standard
of 0.010 g/mile applies. Each vehicle meeting the Tier 3 FTP standard
for PM must also meet the Tier 3 US06 standard for PM. In model year
2017, the phase-in requirement applies only for vehicles at or below
6,000 pounds GVWR; however, you may meet an alternative phase-in
requirement of 10 percent in model year 2017 based on your full
production of vehicles subject to standards under this section.
    (ii) You may disregard the phase-in percentages specified in
paragraph (b)(7)(i) of this section if you instead comply with an
indexed PM phase-in schedule as described in this paragraph (b)(7)(ii).
To do this, you must notify us of your intent before January 1, 2017,
and include a detailed plan for complying with the indexed phase-in
schedule. You comply with the indexed phase-in schedule by calculating
a PM phase-in index at or above 540 using the following equation for
model years 2017 through 2021:

PM phase-in index = 5[middot]APP2017 +
4[middot]APP2018 + 3[middot]APP2019 +
2[middot]APP2020 + APP2021

Where:

APP = The phase-in percentage of vehicles meeting the Tier 3 PM
standards for the indicated model year, based on actual sales, as
described in paragraph (b)(7)(i) of this section.

    (iii) Vehicles meeting the Tier 3 PM standards must meet those
standards over the useful life as specified in Sec.  86.1805. Note that
Interim Tier 3 vehicles may have different useful life values for PM
emission standards than for other emission standards.
    (iv) Any vehicles not included for demonstrating compliance with
the Tier 3 PM phase-in requirement must instead comply with an FTP
emission standard for PM of 0.010 g/mile, and a composite SFTP emission
standard for PM of 0.070 g/mile.
    (v) Measure PM emissions from all vehicles using the same test fuel
specified in paragraph (b)(8) of this section for measuring
NMOG+NOX emissions.
    (vi) You may certify Interim Tier 3 vehicles based on carryover
data.
    (vii) You may use the alternative phase-in provisions described in
paragraph (b)(9) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (8) The following provisions describe the primary approach for
phasing in the Tier 3 standards other than PM in 2025 and earlier model
years:
    (i) FTP phase-in. The fleet-average FTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(8)(i). You must identify FELs as described in paragraph
(b)(4) of this section and calculate a fleet-average emission level to
show that you meet the FTP emission standard for NMOG+NOX
that applies for each model year. For model year 2017, do not include
vehicles above 6,000 pounds GVWR. Through model year 2019, you may also
certify to transitional Bin 85 or Bin 110 standards, which consist of
all-altitude FTP emission standards for NMOG+NOX of 0.085 or
0.110 g/mile, respectively; additional FTP standards for PM, CO, and
formaldehyde apply as specified in this section for vehicles certified
to Bin 125 standards. Fleet-average FTP emission standards decrease
through the phase-in period as shown in the following table:

    Table 3 of Sec.   86.1811-17--Declining Fleet-Average Tier 3 FTP
                     Emission Standards for NMOG+NOX
                                [g/mile]
------------------------------------------------------------------------
               Model year                  LDV, LDT1 \1\    LDT2, HLDT
------------------------------------------------------------------------
2017 \2\................................           0.086           0.101
2018....................................           0.079           0.092
2019....................................           0.072           0.083
2020....................................           0.065           0.074
2021....................................           0.058           0.065
2022....................................           0.051           0.056
2023....................................           0.044           0.047
2024....................................           0.037           0.038
2025....................................           0.030           0.030
------------------------------------------------------------------------
\1\ Calculate the adjusted fleet-average standard for LDV and LDT1 test
  groups certified to standards based on a useful life of 120,000 miles
  or 10 years in a given model year by multiplying the specified value
  by 0.85 and rounding to the nearest 0.001 g/mile. Through model year
  2019, apply this adjustment only if one or more test groups is
  certified to Bin 70 or lower standards based on a useful life of
  120,000 miles or 10 years.
\2\ Vehicles above 6,000 pounds GVWR must meet the Tier 3 standards
  starting with model year 2018.

    (ii) SFTP phase-in. The fleet-average SFTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(8)(ii). You must identify FELs as described in paragraph
(b)(5) of this section and calculate a fleet-average emission level to
show that you meet the SFTP emission standard for NMOG+NOX
that applies for each model year.
    (A) Calculate the fleet-average emission level together for all
your light-duty vehicles and light-duty trucks, except for those
certified using the provisions of paragraph (b)(8)(ii)(C) of this
section. For model year 2017, do not include vehicles above 6,000
pounds GVWR (in the numerator or denominator).
    (B) Fleet-average FTP emission standards decrease through the
phase-in period as shown in the following table:

    Table 4 of Sec.   86.1811-17--Declining Fleet-Average Tier 3 SFTP
                           Emission Standards
------------------------------------------------------------------------
                                                           NMOG+NOX (g/
                       Model year                              mile)
------------------------------------------------------------------------
2017 \1\................................................           0.103
2018....................................................           0.097
2019....................................................           0.090
2020....................................................           0.083
2021....................................................           0.077
2022....................................................           0.070
2023....................................................           0.063
2024....................................................           0.057
2025....................................................           0.050
------------------------------------------------------------------------
\1\ Vehicles above 6,000 pounds GVWR must meet the Tier 3 standards
  starting with model year 2018.

    (C) You may use the Option 1 provisions specified in the LEV III

program to demonstrate compliance with EPA's SFTP standards. Do not
include any such test groups when demonstrating compliance with the
phased-in fleet-average SFTP standards specified in this paragraph
(b)(8)(ii). Note that this option is not available for vehicles
certified to the transitional bins described in paragraph (b)(8)(i) of
this section.
    (iii) Interim provisions. (A) For LDT2 and HLDT certified to bins
higher than Bin 70 under this section through model year 2019, the Tier
2 useful life period applies as specified in Sec.  86.1805-12 for all
criteria pollutants other than PM. A similar provisions applies for LDV
and LDT1, as described in Table 3 of this section.
    (B) You may use the E0 test fuel specified in Sec.  86.113 through
model year 2019 for gasoline-fueled vehicles certified to bins higher
than Bin 70. You may not certify these vehicles using carryover data
after model year 2019.
    (iv) You may use the alternative phase-in provisions described in
paragraph (b)(9) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (9) This paragraph (b)(9) describes an alternative approach to
phasing in the Tier 3 emission standards for vehicles above 6,000
pounds GVWR. If you choose this approach, you must phase in the Tier 3
standards for all your vehicles above 6,000 pounds GVWR that are
subject to this section according to this schedule. Under this
alternative phase-in, you must meet the fully phased-in standards
specified in this paragraph (b) with 40, 70, and 100 percent of your
projected nationwide sales of all vehicles above 6,000 pounds GVWR that
are subject to this section in model years 2019 through 2021,
respectively. Any vehicles not subject to Tier 3 standards during the
phase-in period must continue to comply with the Tier 2 standards in
Sec.  86.1811-04(c) and (f), including the Tier 2 SFTP emission
standards for NMHC+NOX and CO for 4,000-mile testing as
specified in Sec.  86.1811-04(f)(1). Vehicles subject to Tier 2
standards under this paragraph (b)(9) are subject to the useful life
provisions in Sec.  86.1805-12 relative to exhaust emission standards.
Each vehicle counting toward the phase-in percentage under this
paragraph (b)(9) must meet all the standards that apply throughout the
useful life as specified in Sec.  86.1805-17, and must use the Tier 3
test fuel specified in Sec.  86.113-07. The following exceptions and
special provisions apply under this paragraph (b)(9):
    (i) For model year 2019, you may exclude from the phase-in
calculation any test groups with vehicles above 6,000 pounds GVWR that
have a Job 1 date on or before March 3, 2018 (see 40 CFR 85.2304).
    (ii) The FTP and SFTP emission standards for NMOG+NOX
are fleet-average standards. Calculate your fleet-average values based
on all the vehicles that are subject to the standard in a given year.
You may not generate credits for banking or trading in model years 2019
or 2020, and you may not use banked or traded credits to demonstrate
compliance with the standards in those years.
    (iii) The US06 emission standard for PM is 0.010 g/mile in model
years 2019 through 2021, and 0.006 g/mile starting in model year 2022.
The other standards described in this paragraph (b)(9) apply to all
your vehicles above 6,000 pounds GVWR in model years 2022 through 2024.
    (10) You may not use credits generated from Tier 2 vehicles for
demonstrating compliance with the Tier 3 standards except as specified
in this paragraph (b)(10). You may generate early credits with U.S.
sales of Tier 2 vehicles in the two model years before the Tier 3
standards start to apply for a given vehicle model. Vehicles certified
to the Tier 2 standards must meet all the Tier 2 requirements in Sec.
86.1811-10, including the fleet-average Tier 2 standards. Calculate
early Tier 3 emission credits as described in Sec.  86.1861 by
subtracting the appropriate Tier 2 fleet-average value for FTP
emissions of NMOG+NOX from 0.160 g/mile. Calculate your
fleet-average value for the model year based on vehicles at or below
6,000 pounds GVWR in 2015, on all sizes of vehicles in 2016, and on
vehicles above 6,000 pounds GVWR in 2017. You may use these early
credits as described in Sec.  86.1861 for demonstrating compliance with
the FTP emission standard for NMOG+NOX starting in model
year 2017. For model years 2018 and later, you may use these early
credits for banking or trading subject to a limitation based on credits
generated in California, as follows:
    (i) For the applicable model years in which you generate emission
credits relative to California's LEV III fleet-average
NMOG+NOX standard, determine the actual California sales of
light-duty vehicles and light-duty trucks and the actual nationwide
sales of those same vehicles. In 2015, count sales only from vehicle
models at or below 6,000 pounds GVWR. For each model year, multiply the
credits generated under the California program by the ratio of
nationwide vehicle sales to LEV III vehicle sales to calculate an
effective nationwide quantity. Sum these results for model years 2015
through 2017. Note that this calculation results in a maximum credit
quantity based on vehicle sales in all states, even though the initial
credit calculation does not include vehicle sales in California or the
section 177 states. If you comply with the LEV III standards based on
pooled emission credits for California and the section 177 states, use
those pooled emission credits and corresponding sales for calculating
the maximum credit quantity under this paragraph (b)(10)(i).
    (ii) You may not use more early credits generated under this
paragraph (b)(10) for banking or trading to demonstrate compliance with
Tier 3 emission standards than the calculated value of the effective
nationwide credit quantity summed in paragraph (b)(10)(i) of this
section. If your generated credits are greater than this threshold,
determine the percentage of your generated early credits that exceed
the threshold. Calculate an adjusted quantity of early credits
generated under this paragraph (b)(10) by decreasing the generated
quantity from each model year by the calculated percentage that exceed
the applicable threshold. This adjusted quantity of credits may be used
for banking or trading relative to the Tier 3 standards, subject to the
five-year credit life described in Sec.  86.1861.
    (11) You may certify vehicles to the Tier 3 standards starting in
model year 2015. To do this, you may either sell all your LEV III
vehicles models nationwide, or you may certify a subset of your fleet
to alternate fleet-average emission standards as follows:
    (i) The alternate fleet-average FTP emission standards for
NMOG+NOX are 0.100 g/mile in 2015 and 0.093 g/mile in 2016
for LDV and LDT1.
    (ii) The alternate fleet-average FTP emission standards for
NMOG+NOX are 0.119 g/mile in 2015, 0.110 g/mile in 2016, and
0.101 g/mile in 2017 for LDT2 and HLDT.
    (iii) The alternate fleet-average SFTP emission standards for
NMOG+NOX are 0.140 in 2015 for LDV and LDT1, 0.110 in 2016
for all vehicles, and 0.103 in 2017 for LDT2 and HLDT.
    (iv) The vehicles must meet FTP and SFTP standards for PM as
specified in Sec.  86.1811-04. The PM testing provisions of Sec.
86.1829-01(b)(1)(iii)(B) apply for these vehicles.
    (v) Vehicles not certified to the Tier 3 standards in a given model
year must meet all the requirements that apply for Tier 2 vehicles in
that model year.
    (vi) For cold temperature testing and for high-altitude testing,
you may use the E0 fuel specified in Sec.  86.113-04(a)

or Sec.  86.213 instead of the E10 test fuel specified in Sec.  86.113-
07.
    (vii) For vehicles certified under this paragraph (b)(11), you may
generate emission credits and use those credits for demonstrating
compliance with Tier 3 standards as described in paragraph (b)(10) of
this section.
    (12) The following alternate standards apply for in-use testing:
    (i) Alternate in-use FTP standards for NMOG+NOX apply
for 2021 and earlier model year vehicles certified to Bin 70 and lower.
Calculate these alternate standards by multiplying the applicable FEL
by 1.4. These alternate standards apply only for testing at low-
altitude conditions.
    (ii) The alternate in-use FTP standard for PM is 0.006 g/mile for
2021 and earlier model year vehicles.
    (iii) The in-use US06 standard for PM is 0.010 g/mile for 2023 and
earlier model year vehicles.
    (13) Keep records as needed to show that you meet the requirements
specified in this paragraph (b) for phasing in standards and for
complying with declining fleet-average average standards.
    (c) Highway NMOG+NOX exhaust emission standard. NMOG+NOX
emissions measured on the federal Highway Fuel Economy Test in 40 CFR
part 600, subpart B, may not exceed the applicable FTP bin standard for
NMOG+NOX. Demonstrate compliance with this standard for low-
mileage vehicles by applying the appropriate deterioration factor. For
vehicles not certified to any Tier 3 emission standards specified in
paragraph (b) of this section, the provisions of Sec.  86.1811-04(j)
apply instead of this paragraph (c).
    (d) Special provisions for Otto-cycle engines. The special
provisions described in this paragraph (d) apply for vehicles with
Otto-cycle engines. For vehicles not certified to any Tier 3 emission
standards, the provisions of Sec.  86.1810-01(i)(6), (i)(13), and
(i)(14) apply instead of this paragraph (d).
    (1) Enrichment limits. The nominal air-fuel ratio throughout the
US06 cycle may not be richer than the leanest air-fuel mixture required
for lean best torque, except as allowed under paragraph (d)(2) of this
section. Unless we approve otherwise in advance, lean best torque is
the leanest air-fuel ratio required at any speed and load point with a
fixed spark advance to make peak torque. The allowable tolerance around
the nominal value for any given speed and load point over the US06
cycle for a particular vehicle is 4 percent, which is calculated as the
nominal mass-based air-fuel ratio for lean best torque divided by 1.04.
    (2) Engine protection. AECDs that use commanded enrichment to
protect the engine or emission control hardware must not use enrichment
more frequently or to a greater degree than is needed for this purpose.
For purposes of this section, commanded enrichment includes intended
engine operation at air-fuel ratios rich of stoichiometry, except the
following:
    (i) Cycling back and forth in a narrow window between rich and lean
operation as a result of feedback controls targeted to maintain overall
engine operation at stoichiometry.
    (ii) Small changes in the target air-fuel ratio to optimize vehicle
emissions or drivability. This may be called ``closed-loop biasing.''
    (iii) Temporary enrichment in response to rapid throttle motion.
    (iv) Enrichment during cold-start and warm-up conditions.
    (v) Temporary enrichment for running OBD checks to comply with
Sec.  86.1806.
    (3) A/C-on specific calibrations. (i) A/C-on specific calibrations
(e.g., air-fuel ratio, spark timing, and exhaust gas recirculation)