[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Page 67753]
[FR Doc No: 2020-23598]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3544-EM; Docket ID FEMA-2020-0001]

Mississippi; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Mississippi (FEMA-3544-EM), dated September 14, 2020, and
related determinations.

DATES: This amendment was issued September 30, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 17, 2020.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-23598 Filed 10-23-20; 8:45 am]
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[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Proposed Rules]
[Pages 59465-59467]
[FR Doc No: 2014-23554]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0759; Directorate Identifier 2014-CE-028-AD]
RIN 2120-AA64

Airworthiness Directives; Alpha Aviation Concept Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Alpha Aviation Concept Limited Model R2160 airplanes. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as paint adherence defects inside
the engine air intake box and cohesion defects inside the laminated
ducting from the filter to the air intake box. We are issuing this
proposed AD to require actions to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by November 17,
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Alpha Aviation, 59 Hautapu Road, RD 1, Cambridge 3493, New Zealand;
telephone: +64 7 827 0528; fax: +64 7 929 2878; Internet:
www.alphaaviation.co.nz. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0759; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about

this proposed AD. Send your comments to an address listed under the
ADDRESSES section. Include ``Docket No. FAA-2014-0759; Directorate
Identifier 2014-CE-028-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/R2000/25A, dated August 28, 2014
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Alpha Aviation Concept Limited Model R2160 airplanes and
was based on mandatory continuing airworthiness information originated
by an aviation authority of another country. The MCAI states:

    To prevent loss of engine power due to a possible paint
adherence defect inside the engine air intake box, accomplish the
following:
    Inspect the engine air intake box (including the deflection
flap) and the engine air intake ducting (include the area downstream
of the filter) per Alpha Aviation Service Bulletin No. AA-SB-71-007
dated August 2014 or later approved revisions.
    If any defects are found, replace affected parts per SB No. AA-
SB-71-007 before further flight.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0759.

Relevant Service Information

    Alpha Aviation Concept Limited has issued Alpha Aviation Service
Bulletin AA-SB-71-007, Revision 0, dated August 2014. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 10 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $850, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $1,000, for a cost of
$1,510 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new AD:

Alpha Aviation Concept Limited: Docket No. FAA-2014-0759;
Directorate Identifier 2014-CE-028-AD.

(a) Comments Due Date

    We must receive comments by November 17, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Alpha Aviation Concept Limited Model R2160
airplanes, serial numbers 001 to 378, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 73: Engine Fuel
& Control.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as paint adherence
defects inside the engine air intake box and cohesion defects inside
the laminated ducting from the filter to the air intake box. We are
issuing this proposed AD to prevent paint defects from entering the
engine which could cause loss of power.

 (f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through
(f)(4) of this AD: (1) Within the next 100 hours time-in-service
(TIS) after the effective date of this AD and repetitively
thereafter every 100 hours TIS, inspect any painted engine air
intake box (including the deflection flap) and the air

intake ducting (including the area downstream of the filter) for
paint adherence defects such as peeling, blistering, or bubbling
following Alpha Aviation Service Bulletin (SB) No. AA-SB-71-007,
Revision 0, dated August 2014.
    (2) If any defects are found during the inspection required in
paragraph (f)(1) of this AD, before further flight, replace the
affected parts with airworthy parts following Alpha Aviation Service
Bulletin No. AA-SB-71-007, Revision 0, dated August 2014.
    (3) As of the effective date of this AD, only install new
unpainted steel assembly air intake boxes.
    (4) The replacement of defective parts is not a terminating
action to the repetitive inspection of painted engine intake
components required in paragraph (f)(1) of this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/R2000/25A,
dated August 28, 2014, for related information. You may examine the
MCAI on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2014-0759. For service information
related to this AD, contact Alpha Aviation, 59 Hautapu Road, RD 1,
Cambridge 3493, New Zealand; telephone: +64 7 827 0528; fax: +64 7
929 2878; Internet: www.alphaaviation.co.nz. You may review this
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on September 26, 2014.
Kelly A. Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-23554 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83935-83936]
[FR Doc No: 2023-26463]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-194-000]

Transcontinental Gas Pipe Line Company, LLC; Notice of
Availability of the Environmental Assessment for the Proposed Alabama
Georgia Connector Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Alabama Georgia Connector Project, proposed by Transcontinental Gas
Pipe Line Company, LLC (Transco) in the above-referenced docket.
Transco requests authorization from the Commission to provide customers
with firm access to 63,800 dekatherms per day of incremental natural
gas supply, increase overall system reliability, and add natural gas
infrastructure to meet growing demand in Georgia. To accomplish this,
Transco would construct and operate various modifications at five
existing compressor stations in Marengo and Randolph Counties, Alabama,
and Coweta, Henry, and Walton Counties, Georgia.
    The EA assesses the potential environmental effects of the
construction and operation of the Alabama Georgia Connector Project in
accordance with the requirements of the National Environmental Policy
Act (NEPA). The FERC staff concludes that approval of the proposed
project, with appropriate mitigating measures, would not constitute a
major Federal action significantly affecting the quality of the human
environment.
    The proposed Alabama Georgia Connector Projector includes the
following facilities:
     re-wheel two compressors at existing Compressor Station 90
(Marengo County, Alabama);
     upgrade two natural gas-fired turbines to add 3,685
horsepower (hp) at existing Compressor Station 110 (Randolph County,
Alabama);
     re-wheel three compressors at existing Compressor Station
115 (Coweta County, Georgia);
     replace a 12,000 hp electric compressor unit with a 22,500
hp electric compressor unit at existing Compressor Station 120 (Henry
County, Georgia); and
     re-wheel one compressor and increase the certificated hp
of a 9,000 hp electric compressor unit to 15,000 hp at existing
Compressor Station 125 (Walton County, Georgia).
    Transco would also modify station piping within the compressor
stations listed above.
    The Commission mailed a copy of the Notice of Availability to
Federal, State, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American Tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The EA is only available in electronic format. It may be viewed
and downloaded from the FERC's website (www.ferc.gov), on the natural
gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA
may be accessed by using the eLibrary link on the FERC's website. Click
on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search),
select ``General Search'' and enter the docket number in the ``Docket
Number'' field, excluding the last three digits (i.e. CP23-194). Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at [email protected] or
toll free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this project, it
is important that we receive your comments in Washington, DC on or
before 5:00 p.m. Eastern Time on December 27, 2023.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP23-
194-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/how-intervene.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission

processes. For public inquiries and assistance with making filings such
as interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: November 27, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-26463 Filed 11-30-23; 8:45 am]
BILLING CODE 6717-01-P


alternate emission standards as a condition of the exemption. The
standard-setting part may similarly exempt engines/equipment from all
certification requirements, or allow us to exempt engines/equipment
from all certification requirements for certain cases, but require the
engines/equipment to meet alternate standards. In these cases, all the
following provisions apply:
    (a) Your engines/equipment must meet the alternate standards we
specify in (or pursuant to) the exemption section, and all other
requirements applicable to engines/equipment that are subject to such
standards.
    (b) You need not apply for and receive a certificate for the exempt
engines/equipment. However, you must comply with all the requirements
and obligations that would apply to the engines/equipment if you had
received a certificate of conformity for them, unless we specifically
waive certain requirements.
    (c) You must have emission data from test engines/equipment using
the appropriate procedures that demonstrate compliance with the
alternate standards, unless the engines/equipment are identical in all
material respects to engines/equipment that you have previously
certified to standards that are the same as, or more stringent than,
the alternate standards.
    (d) Unless we specify otherwise elsewhere in the standard-setting
part, you must meet the labeling requirements in the standard-setting
part, with the following exceptions:
    (1) Modify the family designation by eliminating the character that
identifies the model year.
    (2) See the provisions of the applicable exemption for appropriate
language to replace the compliance statement otherwise required in the
standard-setting part.
    (e) You may not generate emission credits for averaging, banking,
or trading with engines/equipment meeting requirements under the
provisions of this section.
    (f) Keep records to show that you meet the alternate standards, as
follows:
    (1) If your exempted engines/equipment are identical to previously
certified engines/equipment, keep your most recent application for
certification for the certified family.
    (2) If you previously certified a similar family, but have modified
the exempted engines/equipment in a way that changes them from their
previously certified configuration, keep your most recent application
for certification for the certified family, a description of the
relevant changes, and any test data or engineering evaluations that
support your conclusions.
    (3) If you have not previously certified a similar family, keep all
the records we specify for the application for certification and any
additional records the standard-setting part requires you to keep.
    (g) We may require you to send us an annual report of the engines/
equipment you produce under this section.

Subpart D--Amended]

    164. Section 1068.301 is revised to read as follows:

Sec.  1068.301  What general provisions apply?

    (a) This subpart applies to you if you import into the United
States engines or equipment subject to our emission standards or
equipment containing engines subject to our emission standards.
    (b) In general, engines/equipment that you import must be covered
by a certificate of conformity unless they were built before emission
standards started to apply. This subpart describes the limited cases
where we allow importation of exempt or excluded engines/equipment. For
equipment not subject to equipment-based exhaust emission standards, an
exemption of the engine allows you to import the equipment.
    (c) The U.S. Customs Service may prevent you from importing engines
or equipment if you do not meet the requirements of this subpart. In
addition, U.S. Customs Service regulations may contain other
requirements for engines/equipment imported into the United States (see
19 CFR Chapter I).
    (d) Complete the appropriate EPA declaration form before importing
any engines or equipment. These forms are available on the Internet at
http://www.epa.gov/otaq/imports or by phone at<PHONE_NUMBER>. Importers

must keep the forms for five years and make them available promptly
upon request.
    165. Section 1068.305 is revised to read as follows:

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

    (a) You must meet the requirements of the specific exemption or
exclusion you intend to use and complete the appropriate declaration
form described in Sec.  1068.301(d).
    (b) If we ask for it, prepare a written request in which you do the
following:
    (1) Give your name, address, telephone number, and taxpayer
identification number.
    (2) Give the engine/equipment owner's name, address, telephone
number, and taxpayer identification number.
    (3) Identify the make, model, identification number, and original
production year of all engines/equipment.
    (4) Identify which exemption or exclusion in this subpart allows
you to import nonconforming engines/equipment and describe how your
engine/equipment qualifies.
    (5) Tell us where you will keep your engines/equipment if you might
need to store them until we approve your request.
    (6) Authorize us to inspect or test your engines/equipment as the
Act allows.
    (c) We may ask for more information.
    (d) You may import the nonconforming engines/equipment you identify
in your request if you get prior written approval from us. The U.S.

Customs Service may require you to show them the approval letter. We
may temporarily or permanently approve the exemptions or exclusions, as
described in this subpart.
    (e) Meet the requirements specified for the appropriate exemption
in this part or the standard-setting part, including any labeling
requirements that apply.
    166. Section 1068.310 is revised to read as follows:

Sec.  1068.310  What are the exclusions for imported engines/equipment?

    If you show us that your engines/equipment qualify under one of the
paragraphs of this section, we will approve your request to import such
excluded engines/equipment. You must have our approval before importing
engines/equipment under paragraph (a) of this section. You may, but are
not required to request our approval to import the engines/equipment
under paragraph (b) or (c) of this section. The following engines/
equipment are excluded:
    (a) Engines/equipment used solely for competition. Engines/
equipment that you demonstrate will be used solely for competition are
excluded from the restrictions on imports in Sec.  1068.301(b), but
only if they are properly labeled. See the standard-setting part for
provisions related to this demonstration. Section 1068.101(b)(4)
prohibits anyone from using these excluded engines/equipment for
purposes other than competition.
    (b) Stationary engines. The definition of nonroad engine in Sec.
1068.30 does not include certain engines used in stationary
applications. Such engines (and equipment containing such engines) may
be subject to the standards of 40 CFR part 60. Engines that are
excluded from the definition of nonroad engine in this part and are not
required to be certified to standards under 40 CFR part 60 are not
subject to the restrictions on imports in Sec.  1068.301(b), but only
if they are properly labeled and there is clear and convincing evidence
that each engine will be used in a stationary application (see
paragraph (2)(iii) of the definition of ``Nonroad engine''). Section
1068.101 restricts the use of stationary engines for non-stationary
purposes, unless they are certified under 40 CFR part 60 to the same
standards that would apply to nonroad engines for the same model year.
    (c) Other engines/equipment. The standard-setting parts may exclude
engines/equipment used in certain applications. For example, engines
used in aircraft and very small engines used in hobby vehicles are
generally excluded. Engines/equipment used in underground mining are
excluded if they are regulated by the Mine Safety and Health
Administration.
    167. Section 1068.315 is revised to read as follows:

Sec.  1068.315  What are the permanent exemptions for imported engines/
equipment?

    We may approve a permanent exemption from the restrictions on
imports under Sec.  1068.301(b) under the following conditions:
    (a) National security exemption. You may import an engine or piece
of equipment under the national security exemption in Sec.  1068.225,
but only if it is properly labeled.
    (b) Manufacturer-owned engine/equipment exemption. You may import
manufacturer-owned engines/equipment, as described in Sec.  1068.215.
    (c) Replacement engine exemption. You may import a nonconforming
replacement engine as described in Sec.  1068.240. To use this
exemption, you must be a certificate holder for a family we regulate
under the same part as the replacement engine.
    (d) Extraordinary circumstances exemption. You may import a
nonconforming engine or piece of equipment if we grant hardship relief
as described in Sec.  1068.245.
    (e) Small-volume manufacturer exemption. You may import a
nonconforming engine or piece of equipment if we grant hardship relief
for a small-volume manufacturer, as described in Sec.  1068.250.
    (f) Equipment-manufacturer hardship exemption. You may import a
nonconforming engine if we grant an exemption for the transition to new
or revised emission standards, as described in Sec.  1068.255.
    (g) [Reserved]
    (h) Identical configuration exemption. Unless specified otherwise
in the standard-setting part, you may import nonconforming engines/
equipment if they are identical to certified engines/equipment produced
by the same manufacturer, subject to the following provisions:
    (1) You must meet all the following criteria:
    (i) You have owned the engines/equipment for at least six months.
    (ii) You agree not to sell, lease, donate, trade, or otherwise
transfer ownership of the engines/equipment for at least five years.
During this period, the only acceptable way to dispose of the engines/
equipment is to destroy or export them.
    (iii) You use data or evidence sufficient to show that the engines/
equipment are in a configuration that is identical to engines/equipment
the original manufacturer has certified to meet emission standards that
apply at the time the manufacturer finished assembling or modifying the
engines/equipment in question. If you modify the engines/equipment to
make them identical, you must completely follow the original
manufacturer's written instructions.
    (2) We will tell you in writing if we find the information
insufficient to show that the engines/equipment are eligible for this
exemption. In this case, we will not consider your request further
until you address our concerns.
    (i) Ancient engine/equipment exemption. If you are not the original
engine/equipment manufacturer, you may import nonconforming engines/
equipment that are subject to a standard-setting part and were first
manufactured at least 21 years earlier, as long as they are still in
their original configurations.
    168. Section 1068.320 is revised to read as follows:

Sec.  1068.320  How must I label imported engines/equipment with an
exclusion or a permanent exemption?

    (a) For engines/equipment imported under Sec.  1068.310(a) or (b),
you must place a permanent label or tag on all engines/equipment. If no
specific label requirements in the standard-setting part apply for
these engines/equipment, you must meet the following requirements:
    (1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
    (2) Make sure it is durable and readable for the engine/equipment's
entire life.
    (3) Secure it to a part of the engine/equipment needed for normal
operation and not normally requiring replacement.
    (4) Write it in English.
    (5) For labels on the engine, make the labels readily visible to
the average person after the engine is installed in the equipment.
    (b) On the engine/equipment label or tag, do the following:
    (1) Include the heading ``EMISSION CONTROL INFORMATION''.
    (2) Include your full corporate name and trademark.
    (3) State the engine displacement (in liters) and rated power. If
the engine's rated power is not established, state the approximate
power rating accurately enough to allow a determination of which
standards would otherwise apply.
    (4) State: ``THIS ENGINE IS EXEMPT FROM THE REQUIREMENTS OF

[identify the part referenced in Sec.  1068.1(a) that would otherwise
apply], AS PROVIDED IN [identify the paragraph authorizing the
exemption (for example, ``40 CFR 1068.315(a)'')]. INSTALLING THIS
ENGINE IN ANY DIFFERENT APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''.
    (c) Get us to approve alternate label language if it is more
accurate for your engine/equipment.
    169. Section 1068.325 is revised to read as follows:

Sec.  1068.325  What are the temporary exemptions for imported engines/
equipment?

    You may import engines/equipment under certain temporary
exemptions, subject to the conditions in this section. We may ask the
U.S. Customs Service to require a specific bond amount to make sure you
comply with the requirements of this subpart. You may not sell or lease
one of these engines/equipment while it is in the United States. You
must eventually export the engine/equipment as we describe in this
section unless you get a certificate of conformity for it or it
qualifies for one of the permanent exemptions in Sec.  1068.315.
Section 1068.330 specifies an additional temporary exemption allowing
you to import certain engines/equipment you intend to modify.
    (a) Exemption for repairs or alterations. You may temporarily
import nonconforming engines/equipment under bond solely for repair or
alteration. You may operate the engine/equipment in the United States
only as necessary to repair it, alter it, or ship it to or from the
service location. Export the engine/equipment directly after servicing
is complete.
    (b) Testing exemption. You may temporarily import nonconforming
engines/equipment under bond for testing if you follow the requirements
of Sec.  1068.210. You may operate the engines/equipment in the United
States only as needed to perform tests. This exemption expires one year
after you import the engine/equipment, unless we approve an extension.
The engine/equipment must be exported before the exemption expires.
    (c) Display exemption. You may temporarily import nonconforming
engines/equipment under bond for display, as described in Sec.
1068.220. This exemption expires one year after you import the engine/
equipment, unless we approve your request for an extension. We may
approve an extension of up to one more year for each request, but no
more than three years in total. The engine/equipment must be exported
by the time the exemption expires or directly after the display
concludes, whichever comes first.
    (d) Export exemption. You may temporarily import nonconforming
engines/equipment to export them, as described in Sec.  1068.230. You
may operate the engine/equipment in the United States only as needed to
prepare it for export. Label the engine/equipment as described in Sec.
1068.230.
    (e) Diplomatic or military exemption. You may temporarily import
nonconforming engines/equipment without bond if you represent a foreign
government in a diplomatic or military capacity. In your request to the
Designated Officer (see Sec.  1068.305), include either written
confirmation from the U.S. State Department that you qualify for this
exemption or a copy of your orders for military duty in the United
States. We will rely on the State Department or your military orders to
determine when your diplomatic or military status expires, at which
time you must export your exempt engines/equipment.
    (f) Delegated-assembly exemption. You may import a nonconforming
engine for final assembly under the provisions of Sec.  1068.260.
However, this does not include the staged-assembly provisions of Sec.
1068.260(j).
    (g) Partially complete engine exemption. You may import an engine
if another company already has a certificate of conformity and will be
modifying the engine to be in its final, certified configuration under
the provisions of Sec.  1068.262.

Sec.  1068.330  [Removed]

    170. Section 1068.330 is removed.
    171. Section 1068.335 is revised to read as follows:

Sec.  1068.335  What are the penalties for violations?

    (a) All imported engines/equipment. Unless you comply with the
provisions of this subpart, importation of nonconforming engines/
equipment violates sections 203 and 213(d) of the Act (42 U.S.C. 7522
and 7547(d)). You may then have to export the engines/equipment, or pay
civil penalties, or both. The U.S. Customs Service may seize unlawfully
imported engines and equipment.
    (b) Temporarily imported engines/equipment. If you do not comply
with the provisions of this subpart for a temporary exemption under
Sec.  1068.325 or Sec.  1068.330, you may forfeit the total amount of
the bond in addition to the sanctions we identify in paragraph (a) of
this section. We will consider an engine or piece of equipment to be
exported if it has been destroyed or delivered to the U.S. Customs
Service for export or other disposition under applicable Customs laws
and regulations. EPA or the U.S. Customs Service may offer you a grace
period to allow you to export temporarily exempted engines/equipment
without penalty after the exemption expires.

Subpart E--[Amended]

    172. Section 1068.401 is revised to read as follows:

Sec.  1068.401  What is a selective enforcement audit?

    (a) We may conduct or require you to conduct emission tests on your
production engines/equipment in a selective enforcement audit. This
requirement is independent of any requirement for you to routinely test
production-line engines/equipment. For products subject to equipment-
based standards, but tested using engine-based test procedures, this
subpart applies to the engines and/or the equipment, as applicable.
Otherwise this subpart applies to engines for products subject to
engine-based standards and to equipment for products subject to
equipment-based standards.
    (b) If we send you a signed test order, you must follow its
directions and the provisions of this subpart. We may tell you where to
test the engines/equipment. This may be where you produce the engines/
equipment or any other emission testing facility.
    (c) If we select one or more of your families for a selective
enforcement audit, we will send the test order to the person who signed
the application for certification or we will deliver it in person.
    (d) If we do not select a testing facility, notify the Designated
Officer within one working day of receiving the test order where you
will test your engines/equipment.
    (e) You must do everything we require in the audit without delay.
    173. Section 1068.405 is revised to read as follows:

Sec.  1068.405  What is in a test order?

    (a) In the test order, we will specify the following things:
    (1) The family and configuration (if any) we have identified for
testing.
    (2) The engine/equipment assembly plant, storage facility, or (if
you import the engines/equipment) port facility from which you must
select engines/equipment.
    (3) The procedure for selecting engines/equipment for testing,
including a selection rate.

    (4) The test procedures, duty cycles, and test points, as
appropriate, for testing the engines/equipment to show that they meet
emission standards.
    (b) We may state that we will select the test engines/equipment.
    (c) We may identify alternate families or configurations for
testing in case we determine the intended engines/equipment are not
available for testing or if you do not produce enough engines/equipment
to meet the minimum rate for selecting test engines/equipment.
    (d) We may include other directions or information in the test
order.
    (e) We may ask you to show us that you meet any additional
requirements that apply to your engines/equipment (closed crankcases,
for example).
    (f) In anticipation of a potential audit, you may give us a list of
your preferred families and the corresponding assembly plants, storage
facilities, or (if you import the engines/equipment) port facilities
from which we should select engines/equipment for testing. The
information would apply only for a single model year, so it would be
best to include this information in your application for certification.
If you give us this list before we issue a test order, we will consider
your recommendations, but we may select engines/equipment differently.
    (g) If you also do routine production-line testing with the
selected family in the same time period, the test order will tell you
what changes you might need to make in your production-line testing
schedule.
    174. Section 1068.410 is revised to read as follows:

Sec.  1068.410  How must I select and prepare my engines/equipment?

    (a) Selecting engines/equipment. Select engines/equipment as
described in the test order. If you are unable to select test engines/
equipment this way, you may ask us to approve an alternate plan, as
long as you make the request before you start selecting engines/
equipment.
    (b) Assembling engines/equipment. Produce and assemble test
engines/equipment using your normal production and assembly process for
that family.
    (1) Notify us directly if you make any change in your production,
assembly, or quality control processes that might affect emissions
between the time you receive the test order and the time you finish
selecting test engines/equipment.
    (2) If you do not fully assemble engines/equipment at the specified
location, we will describe in the test order how to select components
to finish assembling the engines/equipment. Assemble these components
onto the test engines/equipment using your documented assembly and
quality control procedures.
    (c) Modifying engines/equipment. Once an engine or piece of
equipment is selected for testing, you may adjust, repair, prepare, or
modify it or check its emissions only if one of the following is true:
    (1) You document the need for doing so in your procedures for
assembling and inspecting all your production engines/equipment and
make the action routine for all the engines/equipment in the family.
    (2) This subpart otherwise allows your action.
    (3) We approve your action in advance.
    (d) Engine/equipment malfunction. If an engine/equipment
malfunction prevents further emission testing, ask us to approve your
decision to either repair the engine or delete it from the test
sequence.
    (e) Setting adjustable parameters. Before any test, we may adjust
or require you to adjust any adjustable parameter to any setting within
its physically adjustable range.
    (1) We may adjust or require you to adjust idle speed outside the
physically adjustable range as needed until the engine has stabilized
emission levels (see paragraph (f) of this section). We may ask you for
information needed to establish an alternate minimum idle speed.
    (2) We may make or specify adjustments within the physically
adjustable range by considering their effect on emission levels, as
well as how likely it is someone will make such an adjustment with in-
use engines/equipment.
    (f) Stabilizing emission levels. (1) Before you test production-
line engines/equipment for exhaust emission, you may operate the
engine/equipment to stabilize the exhaust emission levels. Using good
engineering judgment, operate your engines/equipment in a way that
represents the way production engines/equipment will be used. You may
operate each engine or piece of equipment for no more than the greater
of two periods:
    (i) 50 hours.
    (ii) The number of hours you operated your emission-data engine/
equipment for certifying the family (see 40 CFR part 1065, subpart E).
    (2) Use good engineering judgment and follow the standard-setting
part to stabilize equipment for evaporative emissions, where
appropriate.
    (g) Damage during shipment. If shipping the engine/equipment to a
remote facility for testing under a selective enforcement audit makes
necessary an adjustment or repair, you must wait until after the
initial emission test to do this work. We may waive this requirement if
the test would be impossible or unsafe, or if it would permanently
damage the engine/equipment. Report to us, in your written report under
Sec.  1068.450, all adjustments or repairs you make on test engines/
equipment before each test.
    (h) Shipping engines/equipment. If you need to ship engines/
equipment to another facility for testing, make sure the test engines/
equipment arrive at the test facility within 24 hours after being
selected. You may ask that we allow more time if you are unable to do
this.
    (i) Retesting after invalid tests. You may retest an engine or
piece of equipment if you determine an emission test is invalid under
the standard-setting part. Explain in your written report reasons for
invalidating any test and the emission results from all tests. If you
retest an engine or piece of equipment and, within ten days after
testing, ask to substitute results of the new tests for the original
ones, we will answer within ten days after we receive your information.
    (j) Retesting after reaching a fail decision. You may retest your
engines/equipment once a fail decision for the audit has been reached
based on the first test on each engine or piece of equipment under
Sec.  1068.420(c). You may test each engine or piece of equipment up to
a total of three times, but you must perform the same number of tests
on each engine or piece of equipment. You may further operate the
engine/equipment to stabilize emission levels before testing, subject
to the provisions of paragraph (f) of this section. We may approve
retesting at other times if you send us a request with satisfactory
justification.
    175. Section 1068.415 is revised to read as follows:

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

    (a) Use the test procedures specified in the standard-setting part
for showing that your engines/equipment meet emission standards. The
test order will give further testing instructions.
    (b) If no test cells are available at a given facility, you may
make alternate testing arrangements with our approval.
    (c) Test at least two engines/equipment in each 24-hour period
(including void tests). However, if your projected U.S. nonroad sales
within the family are less than 7,500 for the year, you may test a
minimum of one per 24-

hour period. If you request and justify it, we may approve a lower
testing rate.
    (d) For exhaust emissions, accumulate service on test engines/
equipment at a minimum rate of 6 hours per engine or piece of equipment
during each 24-hour period. The first 24-hour period for service
accumulation begins when you finish preparing an engine or piece of
equipment for testing. The minimum service accumulation rate does not
apply on weekends or holidays. You may ask us to approve a lower
service accumulation rate. We may require you to accumulate hours more
rapidly than the minimum rate, as appropriate. Plan your service
accumulation to allow testing at the rate specified in paragraph (c) of
this section. Select operation for accumulating operating hours on your
test engines/equipment to represent normal in-use operation for the
family.
    (e) Test engines/equipment in the same order you select them.
    176. Section 1068.420 is revised to read as follows:

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

    (a) A failed engine or piece of equipment is one whose final
deteriorated test results exceed an applicable emission standard for
any regulated pollutant.
    (b) Continue testing engines/equipment until you reach a pass
decision for all pollutants or a fail decision for one pollutant.
    (c) You reach a pass decision for the SEA requirements when the
number of failed engines/equipment is less than or equal to the pass
decision number in Appendix A to this subpart for the total number of
engines/equipment tested. You reach a fail decision for the SEA
requirements when the number of failed engines/equipment is greater
than or equal to the fail decision number in Appendix A to this subpart
for the total number of engines/equipment you test. An acceptable
quality level of 40 percent is the basis for the pass or fail decision.
    (d) Consider test results in the same order as the engine/equipment
testing sequence.
    (e) If you reach a pass decision for one pollutant, but need to
continue testing for another pollutant, we will disregard these later
test results for the pollutant with the pass decision.
    (f) Appendix A to this subpart lists multiple sampling plans. Use
the sampling plan for the projected sales volume you reported in your
application for the audited family.
    (g) We may choose to stop testing after any number of tests.
    (h) If we test some of your engines/equipment in addition to your
own testing, we may decide not to include your test results as official
data for those engines/equipment if there is substantial disagreement
between your testing and our testing. We will reinstate your data as
valid if you show us that we made an error and your data are correct.
    (i) If we rely on our test data instead of yours, we will notify
you in writing of our decision and the reasons we believe your facility
is not appropriate for doing the tests we require under this subpart.
You may request in writing that we consider your test results from the
same facility for future testing if you show us that you have made
changes to resolve the problem.
    177. Section 1068.425 is revised to read as follows:

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

    (a) If one of your production-line engines/equipment fails to meet
one or more emission standards (see Sec.  1068.420), the certificate of
conformity is automatically suspended for that engine or piece of
equipment. You must take the following actions before your certificate
of conformity can cover that engine or piece of equipment:
    (1) Correct the problem and retest the engine/equipment to show it
complies with all emission standards.
    (2) Include in your written report a description of the test
results and the remedy for each engine or piece of equipment (see Sec.
1068.450).
    (b) You may at any time ask for a hearing to determine whether the
tests and sampling methods were proper (see subpart G of this part).
    178. Section 1068.430 is revised to read as follows:

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

    (a) We may suspend your certificate of conformity for a family if
it fails the SEA under Sec.  1068.420. The suspension may apply to all
facilities producing engines/equipment from a family, even if you find
noncompliant engines/equipment only at one facility.
    (b) We will tell you in writing if we suspend your certificate in
whole or in part. We will not suspend a certificate until at least 15
days after the family fails the SEA. The suspension is effective when
you receive our notice.
    (c) Up to 15 days after we suspend the certificate for a family,
you may ask for a hearing to determine whether the tests and sampling
methods were proper (see subpart G of this part). If we agree before a
hearing that we used erroneous information in deciding to suspend the
certificate, we will reinstate the certificate.
    179. Section 1068.435 is revised to read as follows:

Sec.  1068.435  May I sell engines/equipment from a family with a
suspended certificate of conformity?

    You may sell engines/equipment that you produce after we suspend
the family's certificate of conformity only if one of the following
occurs:
    (a) You test each engine or piece of equipment you produce and show
it complies with emission standards that apply.
    (b) We conditionally reinstate the certificate for the family. We
may do so if you agree to recall all the affected engines/equipment and
remedy any noncompliance at no expense to the owner if later testing
shows that engines/equipment in the family still do not comply.
    180. Section 1068.440 is amended by revising paragraph (b) to read
as follows:

Sec.  1068.440  How do I ask EPA to reinstate my suspended certificate?

* * * * *
    (b) Give us data from production-line testing showing that engines/
equipment in the remedied family comply with all the emission standards
that apply.
    181. Section 1068.445 is revised to read as follows:

Sec.  1068.445  When may EPA revoke my certificate under this subpart
and how may I sell these engines/equipment again?

    (a) We may revoke your certificate for a family in the following
cases:
    (1) You do not meet the reporting requirements under this subpart.
    (2) Your family fails an SEA and your proposed remedy to address a
suspended certificate is inadequate to solve the problem or requires
you to change the engine/equipment's design or emission control system.
    (b) To sell engines/equipment from a family with a revoked
certificate of conformity, you must modify the family and then show it
complies with the applicable requirements.
    (1) If we determine your proposed design change may not control
emissions for the engine/equipment's full useful life, we will tell you
within five working days after receiving your report. In this case we
will decide whether production-line testing will be enough for us to
evaluate the change or whether you need to do more testing.
    (2) Unless we require more testing, you may show compliance by
testing production-line engines/equipment as described in this subpart.

    (3) We will issue a new or updated certificate of conformity when
you have met these requirements.
    182. Section 1068.450 is amended by revising paragraphs (a), (b),
and (c) to read as follows:

Sec.  1068.450  What records must I send to EPA?

    (a) Within 30 calendar days of the end of each audit, send us a
report with the following information:
    (1) Describe any facility used to test production-line engines/
equipment and state its location.
    (2) State the total U.S.-directed production volume and number of
tests for each family.
    (3) Describe your test engines/equipment, including the family's
identification and the engine/equipment's model year, build date, model
number, identification number, and number of hours of operation before
testing for each test engine or piece of equipment.
    (4) Identify where you accumulated hours of operation on the
engines/equipment and describe the procedure and schedule you used.
    (5) Provide the test number; the date, time and duration of
testing; test procedure; initial test results before and after
rounding; final test results; and final deteriorated test results for
all tests. Provide the emission figures for all measured pollutants.
Include information for both valid and invalid tests and the reason for
any invalidation.
    (6) Describe completely and justify any nonroutine adjustment,
modification, repair, preparation, maintenance, or test for the test
engine/equipment if you did not report it separately under this
subpart. Include the results of any emission measurements, regardless
of the procedure or type of equipment.
    (7) Report on each failed engine or piece of equipment as described
in Sec.  1068.425.
    (b) We may ask you to add information to your written report, so we
can determine whether your new engines/equipment conform with the
requirements of this subpart.
    (c) An authorized representative of your company must sign the
following statement:
    We submit this report under Sections 208 and 213 of the Clean Air
Act. Our testing conformed completely with the requirements of 40 CFR
part 1068. We have not changed production processes or quality-control
procedures for the family in a way that might affect the emission
control from production engines/equipment. All the information in this
report is true and accurate, to the best of my knowledge. I know of the
penalties for violating the Clean Air Act and the regulations.
(Authorized Company Representative)
* * * * *
    183. Section 1068.455 is amended by revising paragraphs (d)(2),
(d)(3), and (e) to read as follows:

Sec.  1068.455  What records must I keep?

* * * * *
    (d) * * *
    (2) The name of anyone who authorizes adjusting, repairing,
preparing, or modifying a test engine/equipment and the names of all
supervisors who oversee this work.
    (3) If you shipped the engine/equipment for testing, the date you
shipped it, the associated storage or port facility, and the date the
engine/equipment arrived at the testing facility.
* * * * *
    (e) If we ask, you must give us projected or actual production for
a family. Include each assembly plant if you produce engines/equipment
at more than one plant.
* * * * *
    184. Appendix A to Subpart E is amended by revising Table A-1 and
the heading and footnote for Table A-2 to read as follows:

Appendix A to Subpart E of Part 1068--Plans for Selective Enforcement
Auditing

* * * * *

                                      Table A-1.--Sampling Plan Code Letter
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum number of tests    Maximum
                   Projected family sales                     Code letter --------------------------  number of
                                                                  \1\        To pass      To fail       tests
----------------------------------------------------------------------------------------------------------------
20-50.......................................................           AA            3            5           20
20-99.......................................................            A            4            6           30
100-299.....................................................            B            5            6           40
300-499.....................................................            C            5            6           50
500+........................................................            D            5            6          60
----------------------------------------------------------------------------------------------------------------
\1\ A manufacturer may optionally use either the sampling plan for code letter ``AA'' or sampling plan for code
  letter ``A'' for Selective Enforcement Audits of families with annual sales between 20 and 50 engines/
  equipment. Additionally, the manufacturer may switch between these plans during the audit.

Table A-2.-- Sampling Plans for Different Family Sales Volumes

* * * * *
\a\ Stage refers to the cumulative number of engines/equipment
tested.

    185. The heading of subpart F is revised to read as follows:

Subpart F--Reporting Defects and Recalling Engines/Equipment

    186. Section 1068.501 is revised to read as follows:

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

    This section addresses the certificate holder's responsibility to
investigate and report emission-related defects in design, materials,
or workmanship. The provisions of this section do not limit your
liability under this part or the Clean Air Act. For example, selling an
engine/equipment that does not conform to your application for
certification is a violation of Sec.  1068.101(a)(1), independent of
the requirements of this section. The requirements of this section
apply separately to each certificate holder if there is more than one
certificate holder for the equipment.
    (a) General provisions. As a certifying manufacturer, you must
investigate in certain circumstances whether engines/equipment that
have been introduced into U.S. commerce under your certificate have
incorrect, improperly installed, or otherwise defective emission-
related components or systems. This includes defects in design,
materials, or workmanship. You must also send us reports as specified
by this section.
    (1) This section addresses defects for any of the following
emission-related

components, or systems containing the following components:
    (i) Electronic control units, aftertreatment devices, fuel-metering
components, EGR-system components, crankcase-ventilation valves, all
components related to charge-air compression and cooling, and all
sensors associated with any of these components.
    (ii) For engines and equipment subject to evaporative emission
standards, fuel tanks, fuel caps, and fuel lines and connectors.
    (iii) Any other component whose primary purpose is to reduce
emissions.
    (iv) Any other component whose failure might increase emissions of
any pollutant without significantly degrading engine/equipment
performance.
    (2) The requirements of this section relate to defects in any of
the components or systems identified in paragraph (a)(1) of this
section if the defects might affect any of the parameters or
specifications in Appendix II of this part or might otherwise affect
the emissions of any pollutant.
    (3) For the purposes of this section, defects do not include damage
to emission-related components or systems (or maladjustment of
parameters) caused by owners improperly maintaining or abusing their
engines/equipment.
    (4) The requirements of this section do not apply to emission
control information labels. Note however, that Sec.  1068.101(a)(1)
prohibits the sale of engines/equipment without proper labels, which
also applies to misprinted labels.
    (5) You must track the information specified in paragraph (b)(1) of
this section. You must assess this data at least every three months to
evaluate whether you exceed the thresholds specified in paragraphs (e)
and (f) of this section. Where thresholds are based on a percentage of
engines/equipment in the family, use actual sales figures for the whole
model year when they become available. Use projected sales figures
until the actual sales figures become available. You are not required
to collect additional information other than that specified in
paragraph (b)(1) of this section before reaching a threshold for an
investigation specified in paragraph (e) of this section.
    (6) You may ask us to allow you to use alternate methods for
tracking, investigating, reporting, and correcting emission-related
defects. In your request, explain and demonstrate why you believe your
alternate system will be at least as effective in the aggregate in
tracking, identifying, investigating, evaluating, reporting, and
correcting potential and actual emissions-related defects as the
requirements in this section. In this case, provide all available data
necessary to demonstrate why an alternate system is appropriate for
your engines/equipment and how it will result in a system at least as
effective as that required under this section.
    (7) If we determine that emission-related defects result in a
substantial number of properly maintained and used engines/equipment
not conforming to the regulations of this chapter during their useful
life, we may order you to conduct a recall of your engines/equipment
(see Sec.  1068.505).
    (8) Send all reports required by this section to the Designated
Officer.
    (9) This section distinguishes between defects and possible
defects. A possible defect exists anytime there is an indication that
an emission-related component or system might have a defect, as
described in paragraph (b)(1) of this section.
    (b) Investigation of possible defects. Investigate possible defects
as follows:
    (1) If the number of engines/equipment that have a possible defect,
as defined by this paragraph (b)(1), exceeds a threshold specified in
paragraph (e) of this section, you must conduct an investigation to
determine if an emission-related component or system is actually
defective. You must classify an engine/equipment component or system as
having a possible defect if any of the following sources of information
shows there is a significant possibility that a defect exists:
    (i) A warranty claim is submitted for the component, whether this
is under your emission-related warranty or any other warranty.
    (ii) Your quality-assurance procedures suggest that a defect may
exist.
    (iii) You receive any other information for which good engineering
judgment would indicate the component or system may be defective, such
as information from dealers, field-service personnel, equipment
manufacturers, hotline complaints, or engine diagnostic systems.
    (2) If the number of shipped replacement parts for any individual
component is high enough that good engineering judgment would indicate
a significant possibility that a defect exists, you must conduct an
investigation to determine if it is actually defective. Note that this
paragraph (b)(2) does not require data-tracking or recording provisions
related to shipment of replacement parts.
    (3) Your investigation must be prompt, thorough, consider all
relevant information, follow accepted scientific and engineering
principles, and be designed to obtain all the information specified in
paragraph (d) of this section.
    (4) Your investigation needs to consider possible defects that
occur only within the useful life period, or within five years after
the end of the model year, whichever is longer.
    (5) You must continue your investigation until you are able to show
that there is no emission-related defect or you obtain all the
information specified for a defect report in paragraph (d) of this
section. Send us an updated defect report anytime you have significant
additional information.
    (6) If a component with a possible defect is used in additional
families or model years, you must investigate whether the component may
be defective when used in these additional families or model years, and
include these results in any defect report you send under paragraph (c)
of this section.
    (7) If your initial investigation concludes that the number of
engines/equipment with a defect is fewer than any of the thresholds
specified in paragraph (f) of this section, but other information later
becomes available that may show that the number of engines/equipment
with a defect exceeds a threshold, then you must resume your
investigation. If you resume an investigation, you must include the
information from the earlier investigation to determine whether to send
a defect report.
    (c) Reporting defects. You must send us a defect report in either
of the following cases:
    (1) Your investigation shows that the number of engines/equipment
with a defect exceeds a threshold specified in paragraph (f) of this
section. Send the defect report within 21 days after the date you
identify this number of defective engines/equipment. See paragraph (h)
of this section for reporting requirements that apply if the number of
engines/equipment with a defect does not exceed any of the thresholds
in paragraph (f) of this section.
    (2) You know there are emission-related defects for a component or
system in a number of engines/equipment that exceeds a threshold
specified in paragraph (f) of this section, regardless of how you
obtain this information. Send the defect report within 21 days after
you learn that the number of defects exceeds a threshold.

    (d) Contents of a defect report. Include the following information
in a defect report:
    (1) Your corporate name and a person to contact regarding this
defect.
    (2) A description of the defect, including a summary of any
engineering analyses and associated data, if available.
    (3) A description of the engines/equipment that have the defect,
including families, models, and range of production dates.
    (4) An estimate of the number and percentage of each class or
category of affected engines/equipment that have the defect, and an
explanation of how you determined this number. Describe any statistical
methods you used under paragraph (g)(6) of this section.
    (5) An estimate of the defect's impact on emissions, with an
explanation of how you calculated this estimate and a summary of any
emission data demonstrating the impact of the defect, if available.
    (6) A description of your plan for addressing the defect or an
explanation of your reasons for not believing the defects must be
addressed.
    (e) Thresholds for conducting a defect investigation. You must
begin a defect investigation based on the following number of engines/
equipment that may have the defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual sales below 500 units: 50 or more
engines/equipment.
    (ii) For families with annual sales from 500 to 50,000 units: more
than 10.0 percent of the total number of engines/equipment in the
family.
    (iii) For families with annual sales from 50,000 to 550,000 units:
more than the total number of engines/equipment represented by the
following equation:

Investigation threshold = 5,000 + (Production units-50,000) x 0.04

    (iv) For families with annual sales above 550,000 units: 25,000 or
more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual sales below 250 units: 25 or more
engines/equipment.
    (ii) For families with annual sales at or above 250 units: more
than 10.0 percent of the total number of engines/equipment in the
family.
    (f) Thresholds for filing a defect report. You must send a defect
report based on the following number of engines/equipment that have the
defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual sales below 1,000 units: 20 or more
engines/equipment.
    (ii) For families with annual sales from 1,000 to 50,000 units:
more than 2.0 percent of the total number of engines/equipment in the
family.
    (iii) For families with annual sales from 50,000 to 550,000 units:
more than the total number of engines/equipment represented by the
following equation:

Reporting threshold = 1,000 + (Production units -50,000) x 0.01

    (iv) For families with annual sales above 550,000 units: 6,000 or
more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual sales below 150 units: 10 or more
engines/equipment.
    (ii) For families with annual sales from 150 to 750 units: 15 or
more engines/equipment.
    (iii) For families with annual sales above 750 units: more than 2.0
percent of the total number of engines/equipment in the family.
    (g) How to count defects. (1) Track defects separately for each
model year and family as much as possible. If information is not
identifiable by model year or family, use good engineering judgment to
evaluate whether you exceed a threshold in paragraph (e) or (f) of this
section. Consider only your U.S.-directed production volume.
    (2) Within a family, track defects together for all components or
systems that are the same in all material respects. If multiple
companies separately supply a particular component or system, treat
each company's component or system as unique.
    (3) For engine-based standards, if a possible defect is not
attributed to any specific part of the engine, consider the complete
engine a distinct component for evaluating whether you exceed a
threshold in paragraph (e) of this section. For equipment-based
standards, if a possible defect is not attributed to any specific part
of the equipment, consider the complete piece of equipment a distinct
component for evaluating whether you exceed a threshold in paragraph
(e) of this section.
    (4) If you correct defects before they reach the ultimate purchaser
as a result of your quality-assurance procedures, count these against
the investigation thresholds in paragraph (e) of this section unless
you routinely check every engine or piece of equipment in the family.
Do not count any corrected defects as actual defects under paragraph
(f) of this section.
    (5) Use aggregated data from all the different sources identified
in paragraph (b)(1) of this section to determine whether you exceed a
threshold in paragraphs (e) and (f) of this section.
    (6) If information is readily available to conclude that the
possible defects identified in paragraph (b)(1) of this section are
actual defects, count these toward the reporting thresholds in
paragraph (f) of this section.
    (7) During an investigation, use appropriate statistical methods to
project defect rates for engines/equipment that you are not otherwise
able to evaluate. For example, if 75 percent of the components replaced
under warranty are available for evaluation, it would be appropriate to
extrapolate known information on failure rates to the components that
are unavailable for evaluation. Take steps as necessary to prevent bias
in sampled data. Make adjusted calculations to take into account any
bias that may remain.
    (h) Investigation reports. Once you trigger an investigation
threshold under paragraph (e) of this section, you must report your
progress and conclusions. In your reports, include the information
specified in paragraph (d) of this section, or explain why the
information is not relevant. Send us the following reports:
    (1) While you are investigating, send us mid-year and end-of-year
reports to describe the methods you are using and the status of the
investigation. Send these status reports no later than June 30 and
December 31 of each year.
    (2) If you find that the number of components or systems with an
emission-related defect exceeds a threshold specified in paragraph (f)
of this section, send us a report describing your findings within 21
days after the date you reach this conclusion.
    (3) If you find that the number of components or systems with an
emission-related defect does not exceed any of the thresholds specified
in paragraph (f) of this section, send us a final report supporting
this conclusion. For example, you may exclude warranty claims that
resulted from misdiagnosis and you may exclude defects caused by
improper maintenance, improper use, or misfueling. Send this report
within 21 days after the date you reach this conclusion.
    (i) Future production. If you identify a design or manufacturing
defect that prevents engines/equipment from meeting the requirements of
this part,

you must correct the defect as soon as possible for future production
of engines/equipment in every family affected by the defect. This
applies without regard to whether you are required to conduct a defect
investigation or submit a defect report under this section.
    187. Section 1068.505 is revised to read as follows:

Sec.  1068.505  How does the recall program work?

    (a) If we make a determination that a substantial number of
properly maintained and used engines/equipment do not conform to the
regulations of this chapter during their useful life, you must submit a
plan to remedy the nonconformity of your engines/equipment. We will
notify you of our determination in writing. Our notice will identify
the class or category of engines/equipment affected and describe how we
reached our conclusion. If this happens, you must meet the requirements
and follow the instructions in this subpart. You must remedy at your
expense noncompliant engines/equipment that have been properly
maintained and used, as described in Sec.  1068.510(a)(7). You may not
transfer this expense to a dealer (or equipment manufacturer for
engine-based standards) through a franchise or other agreement.
    (b) You may ask for a hearing if you disagree with our
determination (see subpart G of this part).
    (c) Unless we withdraw the determination of noncompliance, you must
respond to it by sending a remedial plan to the Designated Officer by
the later of these two deadlines:
    (1) Within 60 days after we notify you.
    (2) Within 60 days after a hearing.
    (d) Once you have sold engines/equipment to the ultimate purchaser,
we may inspect or test the engines/equipment only if the purchaser
permits it, or if state or local inspection programs separately provide
for it.
    (e) You may ask us to allow you to conduct your recall differently
than specified in this subpart, consistent with section 207(c) of the
Act (42 U.S.C. 7541(c)).
    (f) You may do a voluntary recall under Sec.  1068.535, unless we
have made the determination described in Sec.  1068.535(a).
    (g) For purposes of recall, owner means someone who owns an engine
or piece of equipment affected by a remedial plan.
    188. Section 1068.510 is revised to read as follows:

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

    (a) In your remedial plan, describe all of the following:
    (1) The class or category of engines/equipment to be recalled,
including the number of engines/equipment involved and the model year
or other information needed to identify the engines/equipment.
    (2) The modifications, alterations, repairs, corrections,
adjustments, or other changes you will make to correct the affected
engines/equipment.
    (3) A brief description of the studies, tests, and data that
support the effectiveness of the remedy you propose to use.
    (4) The instructions you will send to those who will repair the
engines/equipment under the remedial plan.
    (5) How you will determine the owners' names and addresses.
    (6) How you will notify owners; include copies of any notification
letters.
    (7) The proper maintenance or use you will specify, if any, as a
condition to be eligible for repair under the remedial plan. Describe
how these specifications meet the provisions of paragraph (e) of this
section. Describe how the owners should show they meet your conditions.
    (8) The steps owners must take for you to do the repair. You may
set a date or a range of dates, specify the amount of time you need,
and designate certain facilities to do the repairs.
    (9) Which company (or group) you will assign to do or manage the
repairs.
    (10) If your employees or authorized warranty agents will not be
doing the work, state who will and describe their qualifications.
    (11) How you will ensure an adequate and timely supply of parts.
    (12) The effect of proposed changes on fuel consumption,
driveability, and safety of the engines/equipment you will recall;
include a brief summary of the information supporting these
conclusions.
    (13) How you intend to label the engines/equipment you repair and
where you will place the label on the engine/equipment (see Sec.
1068.515).
    (b) We may require you to add information to your remedial plan.
    (c) We may require you to test the proposed repair to show it will
remedy the noncompliance.
    (d) Use all reasonable means to locate owners. We may require you
to use government or commercial registration lists to get owners' names
and addresses, so your notice will be effective.
    (e) The maintenance or use that you specify as a condition for
eligibility under the remedial plan may include only things you can
show would cause noncompliance. Do not require use of a component or
service identified by brand, trade, or corporate name, unless we
approved this approach with your original certificate of conformity.
Also, do not place conditions on who maintained the engine/equipment.
    (f) We may require you to adjust your repair plan if we determine
owners would be without their engines/equipment or equipment for an
unreasonably long time.
    (g) We will tell you in writing within 15 days of receiving your
remedial plan whether we have approved or disapproved it. We will
explain our reasons for any disapproval.
    (h) Begin notifying owners within 15 days after we approve your
remedial plan. If we hold a hearing, but do not change our position
about the noncompliance, you must begin notifying owners within 60 days
after we complete the hearing, unless we specify otherwise.
    189. Section 1068.515 is revised to read as follows:

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

    (a) Attach a label to engines/equipment you repair under the
remedial plan. At your discretion, you may label or mark engines/
equipment you inspect but do not repair.
    (b) Make the label from a durable material suitable for its planned
location. Make sure no one can remove the label without destroying or
defacing it.
    (c) On the label, designate the specific recall campaign and state
where you repaired or inspected the engine/equipment.
    (d) We may waive or modify the labeling requirements if we
determine they are overly burdensome.
    190. Section 1068.520 is revised to read as follows:

Sec.  1068.520  How do I notify affected owners?

    (a) Notify owners by first class mail, unless we say otherwise. We
may require you to use certified mail. Include the following in your
notice:
    (1) State: ``The U.S. Environmental Protection Agency has
determined that your engine/equipment may be emitting pollutants in
excess of the federal emission standards, as defined in Title 40 of the
Code of Federal Regulations. These emission standards were established
to protect the public health or welfare from air pollution.''.
    (2) State that you (or someone you designate) will repair these
engines/equipment at your expense.

    (3) If we approved maintenance and use conditions in your remedial
plan, state that you will make these repairs only if owners show their
engines/equipment meet the conditions for proper maintenance and use.
Describe these conditions and how owners should prove their engines/
equipment are eligible for repair.
    (4) Describe the components your repair will affect and say
generally how you will repair the engines/equipment.
    (5) State that the engine/equipment, if not repaired, may fail an
emission inspection test if state or local law requires one.
    (6) Describe any adverse effects on its performance or driveability
that would be caused by not repairing the engine/equipment.
    (7) Describe any adverse effects on the functions of other
components that would be caused by not repairing the engine/equipment.
    (8) Specify the date you will start the repairs, the amount of time
you will need to do them, and where you will do them. Include any other
information owners may need to know.
    (9) Include a self-addressed card that owners can mail back if they
have sold the engine/equipment; include a space for owners to write the
name and address of a buyer.
    (10) State that owners should call you at a phone number you give
to report any difficulty in obtaining repairs.
    (11) State: ``To ensure your full protection under the emission
warranty on your [engine/equipment] by federal law, and your right to
participate in future recalls, we recommend you have your [engine/
equipment] serviced as soon as possible. We may consider your not
servicing it to be improper maintenance.''.
    (b) We may require you to add information to your notice or to send
more notices.
    (c) You may not in any communication with owners or dealers say or
imply that your noncompliance does not exist or that it will not
degrade air quality.
    191. Section 1068.525 is amended by revising paragraphs (b) and (c)
to read as follows:

Sec.  1068.525  What records must I send to EPA?

* * * * *
    (b) From the time you begin to notify owners, send us a report
within 25 days of the end of each calendar quarter. Send reports for
six consecutive quarters or until all the engines/equipment are
inspected, whichever comes first. In these reports, identify the
following:
    (1) The range of dates you needed to notify owners.
    (2) The total number of notices sent.
    (3) The number of engines/equipment you estimate fall under the
remedial plan (explain how you determined this number).
    (4) The cumulative number of engines/equipment you inspected under
the remedial plan.
    (5) The cumulative number of these engines/equipment you found
needed the specified repair.
    (6) The cumulative number of these engines/equipment you have
repaired.
    (7) The cumulative number of engines/equipment you determined to be
unavailable due to exportation, theft, retirement, or other reasons
(specify).
    (8) The cumulative number of engines/equipment you disqualified for
not being properly maintained or used.
    (c) If your estimated number of engines/equipment falling under the
remedial plan changes, change the estimate in your next report and add
an explanation for the change.
* * * * *
    192. Section 1068.530 is amended by revising paragraph (b) to read
as follows:

Sec.  1068.530  What records must I keep?

* * * * *
    (b) Keep a record of the names and addresses of owners you
notified. For each engine or piece of equipment, state whether you did
any of the following:
    (1) Inspected the engine/equipment.
    (2) Disqualified the engine/equipment for not being properly
maintained or used.
    (3) Completed the prescribed repairs.
* * * * *
    193. Section 1068.535 is amended by revising the introductory text
and paragraph (c) to read as follows:

Sec.  1068.535  How can I do a voluntary recall for emission-related
problems?

    If we have made a determination that a substantial number of
properly maintained and used engines/equipment do not conform to the
regulations of this chapter during their useful life, you may not use a
voluntary recall or other alternate means to meet your obligation to
remedy the noncompliance. Thus, this section only applies where you
learn that your family does not meet the requirements of this chapter
and we have not made such a determination.
* * * * *
    (c) From the time you start the recall campaign, send us a report
within 25 days of the end of each calendar quarter, following the
guidelines in Sec.  1068.525(b). Send reports for six consecutive
quarters or until all the engines/equipment are inspected, whichever
comes first.
* * * * *
    194. Appendix I to part 1068 is amended by revising paragraph I to
read as follows:

Appendix I to Part 1068--Emission-Related Components

* * * * *
    I. Emission-related components include any engine/equipment
parts related to the following systems:
    1. Air-induction system.
    2. Fuel system, including evaporative emission controls.
    3. Ignition system.
    4. Exhaust gas recirculation systems.
    5. All components comprising the combustion chamber, including
the piston, piston rings, block, head, and valves.
* * * * *
    195. A new part 1074 is added to subchapter U of chapter I to read
as follows:

PART 1074--PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER
OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES

Subpart A--Applicability and General Provisions
Sec.
1074.1 Applicability.
1074.5 Definitions.
1074.10 Scope of preemption.
1074.12 Scope of preemption--specific provisions for locomotives and
locomotive engines.
Subpart B--Procedures for Authorization
1074.101 Procedures for California nonroad authorization requests.
1074.105 Criteria for granting authorization.
1074.110 Adoption of California standards by other States.
1074.115 Relationship of Federal and State standards.

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

Subpart A--Applicability and General Provisions

Sec.  1074.1  Applicability.

    The requirements of this part apply with respect to state and local
standards and other requirements relating to the control of emissions
from nonroad engines and nonroad vehicles.

Sec.  1074.5  Definitions.

    The definitions in this section apply to this part. As used in this
part, all undefined terms have the meaning the Act gives to them. The
definitions follow:
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Administrator means the Administrator of the Environmental

Protection Agency and any authorized representatives.
    Commercial means an activity engaged in as a vocation.
    Construction equipment or vehicle means any internal combustion
engine-powered machine primarily used in construction and located on
commercial construction sites.
    Engine used in a locomotive means either an engine placed in a
locomotive to move other equipment, freight, or passenger traffic, or
an engine mounted on a locomotive to provide auxiliary power.
    Farm equipment or vehicle means any internal combustion engine-
powered machine primarily used in the commercial production and/or
commercial harvesting of food, fiber, wood, or commercial organic
products or for the processing of such products for further use on the
farm.
    Locomotive means a piece of equipment meeting the definition of
locomotive in 40 CFR 1033.901 that is propelled by a nonroad engine.
    New has the following meanings:
    (1) For locomotives, new has the meaning given in 40 CFR 1033.901.
    (2) For engines used in locomotives, new means an engine
incorporated in (or intended to be incorporated in) in a new
locomotive.
    (3) For other nonroad engines and equipment, new means a domestic
or imported nonroad engine or nonroad vehicle the equitable or legal
title to which has never been transferred to an ultimate purchaser.
Where the equitable or legal title to an engine or vehicle is not
transferred to an ultimate purchaser until after the engine or vehicle
is placed into service, then the engine or vehicle will no longer be
new once it is placed into service. A nonroad engine or vehicle is
placed into service when it is used for its functional purposes. This
paragraph (3) does not apply to locomotives or engines used in
locomotives.
    Nonroad engine has the meaning given in 40 CFR 1068.30
    Primarily used means used 51 percent or more.
    States and localities means any or all of the states,
commonwealths, and territories in the United States including the
District of Columbia and any or all of their political subdivisions.
    Ultimate purchaser means the first person who in good faith
purchases a new nonroad engine or new nonroad vehicle or equipment for
purposes other than resale.
    United States has the meaning given in 40 CFR 1068.30.

Sec.  1074.10  Scope of preemption.

    (a) States and localities are preempted from adopting or enforcing
standards or other requirements relating to the control of emissions
from new engines smaller than 175 horsepower that are primarily used in
farm or construction equipment or vehicles, as defined in this part.
For equipment that is used in applications in addition to farming or
construction activities, if the equipment is primarily used as farm
and/or construction equipment or vehicles (as defined in this part), it
is considered farm or construction equipment or vehicles.
    (b) For nonroad engines or vehicles other than those described in
paragraph (a) of this section and Sec.  1074.12, States and localities
are preempted from enforcing any standards or other requirements
relating to control of emissions from nonroad engines or vehicles
except as provided in subpart B of this part.

Sec.  1074.12  Scope of preemption specific provisions for locomotives
and locomotive engines.

    (a) States and localities are preempted from adopting or enforcing
standards or other requirements relating to the control of emissions
from new locomotives and new engines used in locomotives.
    (b) During a period equivalent in length to 133 percent of the
useful life, expressed as MW-hrs (or miles where applicable), beginning
at the point at which the locomotive or engine becomes new, those
standards or other requirements which are preempted include, but are
not limited to, the following: emission standards, mandatory fleet
average standards, certification requirements, retrofit and aftermarket
equipment requirements, and nonfederal in-use testing requirements. The
standards and other requirements specified in the preceding sentence
are preempted whether applicable to new or other locomotives or
locomotive engines.

Subpart B--Procedures for Authorization

Sec.  1074.101  Procedures for California nonroad authorization
requests.

    (a) California must request authorization from the Administrator to
enforce its adopted standards and other requirements relating to
control of emissions from nonroad engines or vehicles that are not
preempted by Sec.  1074.10(a) or Sec.  1074.12. The request must
include the record on which the state rulemaking was based.
    (b) After receiving the authorization request, the Administrator
will provide notice and opportunity for a public hearing regarding such
requests.

Sec.  1074.105  Criteria for granting authorization.

    (a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable federal
standards.
    (b) The authorization will not be granted if the Administrator
finds that any of the following are true:
    (1) California's determination is arbitrary and capricious.
    (2) California does not need such standards to meet compelling and
extraordinary conditions.
    (3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act (42 U.S.C.
7543).
    (c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating to
control of emissions from new nonroad spark-ignition engines smaller
than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased risk
of burn or fire) associated with compliance with the California
standard.

Sec.  1074.110  Adoption of California standards by other States.

    (a) Except as described in paragraph (b) of this section, any state
other than California that has plan provisions approved under Part D of
Title I of the Act (42 U.S.C. 7501 to 7515) may adopt and enforce
emission standards for any period for nonroad engines and vehicles
subject to the following requirements:
    (1) The state must provide notice to the Administrator that it has
adopted such standards.
    (2) Such standards may not apply to new engines smaller than 175
horsepower that are used in farm or construction equipment or vehicles,
or to new locomotives or new engines used in locomotives.
    (3) Such standards and implementation and enforcement must be
identical, for the period concerned, to the California standards
authorized by the Administrator.
    (4) The state must adopt such standards at least two years before
the standards first take effect.
    (5) California must have adopted such standards two years before
the standards first take effect in the state that is adopting them
under this section.
    (b) States and localities, other than the State of California, may
not adopt or

attempt to enforce any standard or other requirement applicable to the
control of emissions from spark-ignition engines smaller than 50
horsepower, except standards or other requirements that were adopted by
that state before September 1, 2003.

Sec.  1074.115  Relationship of Federal and State standards.

    If state standards apply to a new nonroad engine or vehicle
pursuant to authorization granted under section 209 of the Act (42
U.S.C. 7543), compliance with such state standards will be treated as
compliance with the otherwise applicable standards of this chapter for
engines or vehicles introduced into commerce in that state.

[FR Doc. 07-1998 Filed 5-17-07; 8:45 am]

BILLING CODE 6560-50-P