[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59773-59775]
[FR Doc No: 2015-25172]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2014-0736; FRL-9934-55]

Agency Information Collection Activities; Proposed Renewal;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``EPA's Safer Choice Partner of the Year Awards
Program'' and identified by EPA ICR No. 2450.02 and OMB Control No.
2070-0184, represents the renewal of an existing ICR that is scheduled
to expire on January 31, 2016. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection that is summarized in this
document. The ICR and accompanying material are available in the docket
for public review and comment.

DATES: Comments must be received on or before December 1, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2014-0736, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI)

or other information whose disclosure is restricted by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Chen Wen, Chemistry, Economics &
Sustainable Strategies Division (7409-M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8849; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: EPA's Safer Choice Partner of the Year Awards Program.
    ICR number: EPA ICR No. 2450.02.
    OMB control number: OMB Control No. 2070-0184.
    ICR status: This ICR is currently scheduled to expire on January
31, 2016. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: EPA developed the Partner of the Year Awards to recognize
Safer Choice stakeholders who have furthered the goals of Safer Choice
through active and exemplary participation in and promotion of the
Safer Choice program. Making the mission of the Safer Choice program
known to the widest possible audience, through its safer product label
and in other forms of communication, is critical to fully realizing the
program's goals of protecting human health and the environment,
promoting a sustainable economy, and creating green jobs, especially in
the small business sector.
    The Partner of the Year Awards will be an annual event, with
recognition for Safer Choice stakeholder organizations from five broad
categories: (1) Formulators/product manufacturers (of both consumer and
institutional/industrial (I/I) products), (2) purchasers and
distributors, (3) retailers, (4) supporters (e.g., non-governmental
organizations, including environmental and health advocates, trade
associations, academia, sports teams, and others), and (5) innovators
(e.g., chemical manufacturers, technology developers, and others).
Within these categories and based on the criteria, EPA may elect to
give additional awards in the subcategories of ``small business'' and
``sustained excellence.'' This information collection activity
addresses the reporting burden associated with making application to
EPA for recognition in the Partner of the Year Awards program.
    Responses to this information collection are voluntary. Respondents
may claim all or part of a response confidential. EPA will disclose
information that is covered by a claim of confidentiality only to the
extent permitted by, and in accordance with, the procedures in TSCA
section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 15
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are establishments engaged in the production, use, and/or
advancement of safer chemicals, that have furthered the goals of DfE
through active and exemplary participation in and promotion of the
program, and that wish to receive recognition for their achievements.
    Estimated total number of potential respondents: 50.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 750 hours.
    Estimated total annual costs: $45,486. This includes an estimated
burden cost of $45,486 and an estimated cost of $0 for capital
investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change in the total estimated respondent burden
compared with that identified in the ICR currently approved by OMB.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: September 25, 2015.
James J. Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2015-25172 Filed 10-1-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26910-26912]
[FR Doc No: 2019-12086]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86027; File No. SR-BX-2019-016]

Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Equity 7,
Section 118(a) To Adopt Pricing for the Recently Adopted SCAR Routing
Strategy

June 4, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 22, 2019, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Equity 7, Section 118(a), as
described further below.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to adopt pricing for the
recently adopted SCAR routing strategy,\3\ which will be implemented on
May 13, 2019.\4\ In sum, SCAR is a routing option under which orders
check the System \5\ for available shares and simultaneously route to
the other equity markets operated by Nasdaq, Inc., The Nasdaq Stock
Market (``Nasdaq'') and Nasdaq PSX (``PSX'' and together with Nasdaq
and the Exchange, the ``Nasdaq Affiliated Exchanges'').\6\
---------------------------------------------------------------------------

    \3\ See BX Rule 4758(a)(1)(A)(x). See also Securities Exchange
Act Release No. 85368 (March 20, 2019), 84 FR 11362 (March 26, 2019)
(SR-BX-2019-004).
    \4\ See Equity Trader Alert #2019-29.
    \5\ The term ``System'' shall mean the automated system for
order execution and trade reporting owned and operated by the
Exchange. See Rule 4701(a).
    \6\ If shares remain unexecuted after routing, they are posted
on the Exchange's book or cancelled. Once on the book, should the
order subsequently be locked or crossed by another market center,
the System will not route the order to the locking or crossing
market center. See Rule 4758(a)(1)(A)(x).
---------------------------------------------------------------------------

    The Exchange initially filed the proposed pricing changes on May
13, 2019 (SR-BX-2019-014). On May 22,

2019, the Exchange withdrew that filing and submitted this filing.
    The Exchange now proposes to adopt the following pricing for SCAR
orders in securities listed on Nasdaq (``Tape C''), NYSE (``Tape A''),
and on exchanges other than Nasdaq and NYSE (``Tape B'') (collectively,
``Tapes''), which execute on Nasdaq and PSX: \7\
---------------------------------------------------------------------------

    \7\ Orders using the SCAR routing option that execute on the
Exchange would be subject to the Exchange's standard fees and
rebates. Currently, members that do not meet certain volume
thresholds that would qualify them for a better rate (such as a
liquidity removal credit) are assessed a standard transaction fee of
$0.0003 per share for orders in any Tape securities priced at $1 or
more per share that access liquidity on the Exchange. See Equity 7,
Section 118(a).
---------------------------------------------------------------------------

     SCAR orders executed on Nasdaq will be assessed a charge
of $0.00295 per share in any Tape securities priced at $1 or more per
share.
     SCAR orders executed on PSX will be assessed a charge of
$0.0029 per share in any Tape securities priced at $1 or more per
share.
     SCAR orders executed on Nasdaq or PSX in any Tape
securities priced below $1 per share will be assessed a charge of 0.30%
of the total transaction cost.\8\
---------------------------------------------------------------------------

    \8\ This is the same rate that the Exchange currently charges
for all securities priced below $1 that route and execute at an away
venue. See Equity 7, Section 118(b).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the pricing structure proposed above for
SCAR is reasonable, equitable, and not unfairly discriminatory because
the fees are generally set at levels intended to incentivize members to
use this new routing strategy while also allowing the Exchange to
recoup the costs of providing routing services. For instance, the
proposed $0.00295 per share charge for orders in any Tape securities
priced at $1 or more per share that route to and execute on Nasdaq
using the SCAR routing strategy is lower than the standard transaction
charge of $0.0030 per share that would apply if the order executed
directly on Nasdaq as the home exchange.\11\ Similarly, the proposed
$0.0029 per share charge for such orders that route to and execute on
PSX is lower than the standard transaction charge of $0.0030 per share
that would apply if the order executed directly on PSX as the home
exchange.\12\ As such, the proposed SCAR pricing is set at rates that
make it more economical for members to use this routing strategy,
especially for those members that do not already add and/or remove
large amounts of volume on Nasdaq and PSX directly.
---------------------------------------------------------------------------

    \11\ This fee would apply unless the member qualifies for a
better rate (such as a discounted fee or credit) by meeting certain
volume thresholds. See Nasdaq Equity 7, Section 118(a).
    \12\ This fee would apply unless the member qualifies for a
better rate (such as a discounted fee or credit) by meeting certain
volume thresholds. See PSX Equity 7, Section 3, Order Execution and
Routing.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed SCAR credits and
charges for all Tape securities priced at $1 or more per share are set
at appropriate levels for the reasons that follow. The Exchange
believes that the proposed $0.0029 charge for SCAR orders that route
and execute on PSX is aligned with the $0.0029 charge currently
assessed by Cboe BYX Exchange (``BYX''), Cboe BZX Exchange (``BZX''),
and Cboe EDGA (``EDGA'') to their members using the ALLB, a routing
strategy similar to SCAR in that ALLB routes between affiliated
exchanges only,\13\ to route orders to their affiliate, Cboe EDGX
Exchange (``EDGX'').\14\ The Exchange also believes that the proposed
$0.00295 charge for SCAR orders that route and execute on Nasdaq is set
at an appropriate level because it remains lower with the $0.0030
charge currently assessed by BYX, EDGX, and EDGA to their members using
the ALLB routing strategy to route orders to their affiliate, BZX.\15\
Given that Nasdaq is a more active market than PSX, the Exchange is
proposing an incrementally higher routing charge for this market as
opposed to the proposed charge for PSX because the Exchange believes
that the higher volume on Nasdaq coupled with the proposed fee will be
more effective in recouping the costs of providing routing services.
The Exchange still believes that the proposed SCAR pricing for Nasdaq
is set at an appropriate because it remains lower than the standard
transaction charge of $0.0030 for accessing Nasdaq directly as well as
the $0.0030 fee assessed by EDGX, EDGA, and BYX for their similar ALLB
routing strategy, each as discussed above.
---------------------------------------------------------------------------

    \13\ Unlike SCAR, which routes simultaneously to Nasdaq, PSX,
and BX simultaneously in accordance with the System routing table,
the ALLB routing strategy offered by BZX, BYZ, EDGA, and EDGX first
checks the local book before being routed to the affiliated
exchanges in accordance with the applicable system routing table.
See Securities Exchange Act Release No. 85368 (March 20, 2019), 84
FR 11362 (March 26, 2019) (SR-BX-2019-004).
    \14\ See BYX Fee Schedule, available at https://markets.cboe.com/us/equities/membership/fee_schedule/byx; BZX Fee
Schedule, available at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx; and EDGA Fee Schedule, available at
https://markets.cboe.com/us/equities/membership/fee_schedule/edga.
    \15\ See EDGX Fee Schedule, available at https://markets.cboe.com/us/equities/membership/fee_schedule/edgx. See supra
note 14.
---------------------------------------------------------------------------

    The Exchange also believes that it is reasonable, equitable, and
not unfairly discriminatory to assess the proposed charge for SCAR
orders executed on Nasdaq or PSX in any Tape securities priced below $1
per share because it is consistent with what it currently charges for
all orders in securities priced at less than $1 per share that route
and execute at an away venue.\16\ Lastly, the Exchange believes that
the proposed pricing changes are equitable and not unfairly
discriminatory because they will apply uniformly to all members.
---------------------------------------------------------------------------

    \16\ The Exchange currently charges 0.30% of the total
transaction cost for all such orders. See Equity 7, Section 118(b).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange operates in a
highly competitive market in which market participants can readily
favor competing venues if they deem fee levels at a particular venue to
be excessive, or rebate opportunities available at other venues to be
more favorable. In such an environment, the Exchange must continually
adjust its fees to remain competitive. Because competitors are free to
modify their own fees in response, and because market participants may
readily adjust their order routing practices, the Exchange believes
that the degree to which fee changes in this market may impose any
burden on competition is extremely limited.
    In this instance, the proposed pricing for SCAR orders are intended
to recoup the Exchange's costs associated with providing routing
services while providing incentives to members to make use of the
Exchange's optional routing functionality. As discussed above, the
Exchange believes that its proposed pricing remains competitive with
other equity exchanges.\17\ In addition, because the Exchange's routing
services are the subject of

competition, including price competition, from other exchanges and
broker-dealers that offer routing services, as well as the ability of
members to use their own routing capabilities, it is likely that the
Exchange will lose market share as a result of the changes if they are
unattractive to market participants. Accordingly, the Exchange does not
believe that the proposed changes will impair the ability of members or
competing order execution venues to maintain their competitive standing
in the financial markets.
---------------------------------------------------------------------------

    \17\ See supra notes 14 and 15.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\18\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2019-016 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2019-016. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10 a.m. and 3 p.m.
Copies of the filing also will be available for inspection and copying
at the principal office of the Exchange. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2019-016 and should be submitted on or before July 1, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-12086 Filed 6-7-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Page 48851]
[FR Doc No: 2011-20159]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FFP Project 44 LLC; Project No. 12942-002]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications

    On February 1, 2011, FFP Project 44 LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of hydropower on the Mississippi River, in Lauderdale
County, Tennessee and in Mississippi County, Arkansas. The sole purpose
of a preliminary permit, if issued, is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed Bar Field Bend hydrokinetic project would consist of
the following: (1) Up to 4,700 SmarTurbine generating units installed
in arrays on the bottom of the river; (2) the total capacity of the
installation would be up to 188,000 kilowatts; (3) flexible cables
would convey each arrays power to a metering station; and (4) a
transmission line would interconnect with the power grid. The proposed
project would have an average annual generation of 411,720,000
kilowatt-hours (kWh), which would be sold to a local utility.
    Applicant Contact: Ramya Swaminathan, Free Flow Power Corporation,
239 Causeway Street, Boston, MA 02114; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-12942-002) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: August 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20159 Filed 8-8-11; 8:45 am]
BILLING CODE 6717-01-P


Draft April 7, 2005 1 For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as set forth below.

PART 86   CONTROL OF EMISSIONS FROM NEW AND IN USE HIGHWAY VEHICLES AND ENGINES 1. The authority citation for part 86 continues to read as follows:

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

2. Section 86.1 is amended by adding paragraph ( b)( 6) to read as follows:

§ 86.1 Reference materials.

* * * * *

( b)* * *

( 6) NIST material. The following table lists material from the National Institute of Standards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC 20402 or download them from the Internet at http:// physics. nist. gov/ Pubs/ SP811/.

Document number and name Part 86 reference NIST Special Publication 811, Guide for the Use of the International System of Units ( SI), 1995 Edition. 86.1901 ( 7) ASTM material. The following table lists material from the American Society of Testing and Materials that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it.

Anyone may purchase copies of these materials from the ASTM, 100 Bar Harbor Drive, West Conshohocken, PA 19428 2959 or download them from the Internet at http:// www. astm. org Document number and name Part 86 reference ASTMD975 04 Standard Specification for Diesel Fuel Oils 86.1910 Draft April 7, 2005 2 Subpart A  [ Amended]

3. Section 86.007 11 is amended by adding paragraph ( a)( 4)( vi) to read as follows:

§ 86.007 11 Emission Standards and Supplemental Requirements for 2007 and Later Model Year Diesel Heavy Duty Engines and Vehicles.

* * * * *

( a) * * *

( 4)* * *

( vi) The manufacturer's certification application must clearly identify all NTE deficiencies described under § 86.007 11( a)( 4)( iv) and all NTE carve outs described under § § 86.1370

2007( b)( 6) and ( 7) that are requested for approval during certification. Deficiencies and carve outs must be reported for all engine families and power ratings with sufficient detail for us to easily determine if a particular deficiency or carve out was encountered in the emission test data from the portable emission sampling equipment and field testing procedures referenced in § 86.1375.

Subpart N  [ Amended]

4. A new § 86.1375 2007 is added to read as follows:

§ 86.1375 2007 Equipment Specifications for Field Testing For field testing conducted pursuant to the requirements of this part, including field testing conducted to measure emissions under Not To Exceed test procedures, use the test procedures and equipment specified in 40 CFR part 1065.

5. A new subpart T is added to read as follows:

Subpart T   Manufacturer Run In Use Testing Program for Heavy Duty Diesel Engines Sec.

86.1901 What testing requirements apply to my engines that have gone into service?

86.1905 How does this program work?

86.1908 How must I select and screen my in use engines?

86.1910 How must I prepare and test my in use engines?

86.1912 How do I determine whether an engine meets the vehicle pass criteria?

86.1915 What are the requirements for Phase 1 and Phase 2 testing?

86.1917 How does in use testing under this subpart relate to the emission related warranty in Draft April 7, 2005 3 Section 207( a)( 1) of the Clean Air Act?

86.1920 What in use testing information must I report to EPA?

86.1925 What records must I keep?

86.1930 What special provisions apply from 2005 through 2007?

86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results § 86.1901 What testing requirements apply to my engines that have gone into service?

( a) If you manufacture diesel heavy duty engines above 8500 lbs. GVWR that are subject to engine based exhaust emission standards under this part, you must test them as described in this subpart. You must measure all emissions listed in § 86.1910( d) other than PM beginning in calendar year 2005 and you must measure PM emissions beginning in calendar year 2006. See § § 86.1930 and 86.1935 for special provisions that may apply to manufacturers in the early years of this program.

( b) We may void your certificate of conformity for an engine family if you do not meet your obligations under this subpart. We may also void individual tests and require you to retest those vehicles or take other appropriate measures in instances where you have not performed the testing in accordance with the requirements described in this subpart.

( c) Independent of your responsibility to test in use engines under this subpart, we may choose to do our own testing of your in use engines.

( d) In this subpart, the term " you" refers to the certificate holder for any engines subject to the requirements of this subpart.

( e) In this subpart, round means to round numbers according to NIST Special Publication 811( incorporated by reference in § 86.1).

§ 86.1905 How does this program work?

( a) You must test in use engines from the families we select. We may select the following number of engine families for testing, except as specified in paragraph ( b) of this section:

( 1) We may select up to 25 percent of your engine families in any calendar year, calculated by dividing the number of engine families you certified in the model year corresponding to the calendar year by four and rounding to the nearest whole number. We will consider only engine families with annual U. S. directed production volumes above 1,500 units in calculating the number of engine families subject to testing each calendar year under the annual 25 Draft April 7, 2005 4 percent engine family limit. In addition, for model year 2007 through 2009, identical engine families that are split into two families under § 86.007 15( m)( 9) will count as only one engine family. If you have only three or fewer families that each exceed an annual U. S. directed production volume of 1,500 units, or if you have no engine families above this limit, we may select one engine family per calendar year for testing.

( 2) Over any four year period, we will not select more than the average number of engine families that you have certified over that four year period ( the model year when the selection is made and the preceding three model years), based on rounding the average value to the nearest whole number.

( b) If there is clear evidence of a nonconformity with regard to an engine family, we may select that engine family without counting it as a selected engine family under paragraph ( a) of this section. We will consult with you in reaching a conclusion whether clear evidence of a nonconformity exists for any engine family. In general, there is clear evidence of a nonconformity regarding an engine family under this subpart in any of the following cases:

( 1) The engine family is a carry over from an engine family you tested under this subpart and was subsequently remedied based at least in part on the Phase 1 or Phase 2 testing outcomes described in § 86.1915.

( 2) The engine family is a carry over from an engine family that was remedied based on an EPA in use testing program.

( c) We may select any individual engine family for testing, regardless of its production volume, as long as we do not select more than the number of engine families described in paragraph ( a) of this section. We may select an engine family from the current model year or any previous model year except that we will not select any engine families from model years before 2007 beginning in calendar year 2007 for all emissions testing other than PM testing and beginning in calendar year 2008 for PM emissions testing.

( d) You must complete all the required testing and reporting under this subpart within 18 months after we direct you to test a particular engine family. We will typically select engine families for testing and notify you in writing by June 1 of the applicable calendar year. You may ask for up to six months longer to complete Phase 2 testing if you can justify the need for more time.

( e) If you make a good faith effort to access enough test vehicles to complete Phase 1 or Phase 2 testing requirements under this subpart for an engine family, but are unable to do so, you must ask us either to modify the testing requirements for the selected engine family or, in the case of Phase 1 testing, to select a different engine family.

( f) After you complete the in use testing requirements for an engine family that we selected for Draft April 7, 2005 5 testing in a given calendar year, we may select that same family in a later year to evaluate the engine family's compliance closer to the end of its useful life. This would count as an additional engine family selection under paragraph ( a) of this section, except as described in paragraph ( b) of this section.

( g) For any communication related to this subpart, contact the Engine Programs Group Manager ( 6405 J), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460.

§ 86.1908 How must I select and screen my in use engines?

( a) Once we direct you to do testing under this subpart, you must make arrangements to select test vehicles and engines that meet the following criteria:

( 1) The engines must be representative of the engine family.

( 2) The usage of the vehicles must be representative of typical usage for the vehicles'

particular application.

( 3) The vehicles come from at least two independent sources.

( 4) The engines have been properly maintained and used.

( 5) The engines have not been tampered with, rebuilt or undergone major repair that could be expected to affect emissions.

( 6) The engines have not been misfueled. For example, an engine may be misfueled if operated on a biodiesel fuel blend that is both expressly prohibited by the manufacturer and identified as voiding the manufacturer's warranty, as described in the vehicle's owner or operator manual. An engine is not misfueled if operated on any other biodiesel fuel blend.

( 7) The engines do not have an illuminated MIL or stored OBD trouble code that lead you to reject the vehicle from the test program as described in § 86.1910( b)( 2).

( 8) The vehicles are likely to operate for at least three hours ( excluding idle) over a complete shift day, as described in § 86.1910( g).

( 9) The vehicles have not exceeded the applicable useful life, in miles or years ( see subpart A of this part); you may otherwise not exclude engines from testing based on their age or mileage.

( b) You must keep any records of a vehicle's maintenance and use history you obtain from the owner or operator, as required by § 86.1925. You must report the engine's maintenance and use history and information related to the OBD system, as described in § 86.1920.

( c) You must notify us before rejecting a candidate vehicle for reasons other than failing to meet the acceptance criteria in paragraph ( a) of this section. A candidate vehicle is any prospective Draft April 7, 2005 6 vehicle you have identified to potentially fulfill your testing requirements under this subpart.

Include your reasons for rejecting each vehicle. We may allow you to replace the rejected vehicle with another candidate vehicle to meet your testing requirements for the specific engine family.

( d) You must report when, how, and why you reject candidate vehicles, as described in § 86.1920.

§ 86.1910 How must I prepare and test my in use engines?

( a) You must limit maintenance to what is in the owners manual for engines with that amount of service and age. For anything we consider an adjustable parameter ( see § 86.094 21( b)( 1)( ii) and § 86.094 22( e)), you may adjust that parameter only if it is outside of its adjustable range. You must then set the adjustable parameter to the mid point of its adjustable range or your recommended setting, unless we approve your request to do otherwise. You must receive permission from us before adjusting anything not considered to be an adjustable parameter. You must keep records of all maintenance and adjustments, as required by § 86.1925. You must send us these records, as described in § 86.1920( a)( 3)( x), unless we instruct you not to send them.

( b) You may treat a prospective test vehicle with an illuminated MIL or stored trouble code as follows:

( 1) If the length of MIL illumination or trouble code storage is consistent with proper maintenance and use, either test the vehicle as received or repair the vehicle before testing. If you repair the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 2) If the length of MIL illumination or trouble code storage is inconsistent with proper maintenance and use, either test the vehicle as received or reject the vehicle from the test program and replace it with another vehicle. If you reject the vehicle, you must describe the MIL or trouble code information in your report under § 86.1920.

( 3) If a MIL is illuminated or a trouble code is set during an in use test, do one of the following:

( i) Stop the test, repair the vehicle, and restart the testing. In this case, only the portion of the full test results without the MIL illuminated or trouble code set would be used in the vehicle pass determination as described in § 86.1912.

( ii) Stop the test, repair the vehicle, and initiate a new test. In this case, only the postrepair test results would be used in the vehicle pass determination as described in § 86.1912.

( c) You should use appropriate fuels for testing as follows: Draft April 7, 2005 7 ( 1) Any diesel fuel that meets the ASTM D975 specifications for No. 2 D S500 or No. 2 D S15, as required in the calendar year that in use testing occurs ( incorporated by reference in § 86.1).

( 2) Any biodiesel fuel blend that is not both expressly prohibited by the manufacturer and identified as voiding the manufacturer's warranty, as described in the vehicle's owner or operator manual.

( 3) Any fuel that is added to the fuel tank( s) of a prospective test vehicle must be purchased at a local retail establishment near the site of vehicle procurement or screening, or along the test route.

( 4) No post refinery fuel additives are allowed except that one or more specific fuel additives may be used during in use testing if you can document that the owner/ operator of the prospective test vehicle normally uses the fuel treatment( s), and the fuel additive( s) is not prohibited in the vehicle's owner or operator manual.

( d) You must test the selected engines while they remain installed in the vehicle. Use portable emission sampling equipment and field testing procedures referenced in § 86.1375. Measure emissions of THC; NMHC by any method specified in 40 CFR part 1065, subpart J; CO; NOx;

PM ( as appropriate); O 2; and CO 2. ( e) For Phase 1 testing, you must test the engine under conditions reasonably expected to be encountered during normal vehicle operation and use consistent with the general NTE requirements described in § 86.1370 2007( a). For the purposes of this subpart, normal operation and use would generally include consideration of the vehicle's normal routes and loads ( including auxiliary loads such as air conditioning in the cab), normal ambient conditions, and the normal driver.

( f) For Phase 2 testing, we may give specific directions, as described in § 86.1915( c)( 2).

( g) Once an engine is set up for testing, test the engine for at least one shift day. To complete a shift day's worth of testing, start sampling at the beginning of a shift and continue sampling for the whole shift. A shift day is the period of a normal workday for an individual employee. If the first shift day of testing does not involve at least 3 hours of accumulated non idle operation,

repeat the testing for a second shift day. If the second shift day of testing also does not result in least 3 hours of accumulated non idle operation, you may choose whether or not to continue testing with that vehicle. If after 2 shift days you discontinue testing before accumulating 3 hours of non idle operation, evaluate the valid NTE samples as described in § 86.1912 and include the data in the reporting and recordkeeping requirements specified in § § 86.1920 and 1925. Count the Draft April 7, 2005 8 engine toward meeting your testing requirements under this subpart and use the data for deciding whether additional engines must be tested under the applicable Phase 1 or Phase 2 test plan.

( h) You may count a vehicle as meeting the vehicle pass criteria described in § 86.1912 if two shift days of testing does not generate a single valid NTE sampling event, as described in § 86.1912 ( c). Count the engine towards meeting your testing requirements under this subpart.

( i) You may ask us to waive measurement of particular pollutants if you can show that in use testing for such pollutants is not necessary.

§ 86.1912 How do I determine whether an engine meets the vehicle pass criteria?

In general, the average emissions for each regulated pollutant must remain at or below the NTE threshold in paragraph ( a) of this section for at least 90 percent of the valid NTE sampling events,

as defined in paragraph ( b) of this section. For 2007 through 2009 model year engines, the average emissions from every NTE sampling event must also remain below the NTE thresholds in paragraph ( f)( 2) of this section. Perform the following steps to determine whether an engine meets the vehicle pass criteria:

( a) Determine the NTE threshold for each pollutant subject to an NTE standard by adding all three of the following terms and rounding the result to the same number of decimal places as the applicable NTE standard:

( 1) The applicable NTE standard.

( 2) The in use compliance testing margin specified in § 86.007 11( h), if any.

( 3) An accuracy margin for portable in use equipment depending on the pollutant as follows:

( i) NMHC. 0.17 grams per brake horsepower hour.

( ii) CO. 0.60 grams per brake horsepower hour.

( iii) NOx. 0.5 grams per brake horsepower hour.

( iv) PM. 0.10 grams per brake horsepower hour.

( b) For the purposes of this subpart, a valid NTE sampling event consists of at least 30 seconds of continuous operation in the NTE control area. An NTE event begins when the engine starts to operate in the NTE control area and continues as long as engine operation remains in this area ( see § 86.1370). When determining a valid NTE sampling event, exclude all engine operation in approved NTE carve outs under § 86.1370 2007( b)( 6) and any approved NTE deficiencies under § 86.007 11( a)( 4)( iv). Exclude any portion of a sampling event that would otherwise exceed the 5.0 percent limit for the time weighted carve out defined in § 86.1370 2007( b)( 7). For EGRequipped engines, exclude any operation that occurs during the cold temperature operation defined by the equations in § 86.1370 2007( f)( 1). Draft April 7, 2005 9 ( c) Calculate the average emission level for each pollutant over each valid NTE sampling event ( in g/ bhp hr) by dividing the mass of emissions ( grams) by the work done during that period E i ave of operation ( brake horsepower hour). Round the resulting value to the same number of decimal places as the applicable NTE threshold. Calculate the average emission level as follows:

E E w i j j t j j t ave = =

=

1 1 Where:

E j = an individual emissions measurement at measurement interval j within sampling event I ( g),

w j = an individual measurement of work output ( bhp hr) at measurement interval j within sampling event i, and t = the duration of the NTE sampling event I ( sec).

( d) Calculate a time weighted vehicle pass ratio ( R pass). To do this, first sum the time from each valid NTE sampling event whose average emission level is at or below the NTE threshold for any pollutant, then divide this value by the sum of the engine operating time from all valid NTE samples. Round the resulting vehicle pass ratio to two decimal places.

( 1) Calculate the time weighted vehicle pass ratio as follows:

R t t m n k n pass pass = =

=

1 1 total Where:

n pass = the number of sampling events for which the average emission level is at or below the NTE threshold, and n total = the total number of valid sampling events.

( 2) For both the numerator and the denominator of the vehicle pass ratio, use the smallest of the following values for determining the duration of any NTE sampling event:

( i) The measured time of operation in the NTE control area for that NTE sampling event.

( ii) 600 seconds.

( iii) 10 times the length of the shortest valid NTE sample for all testing with that engine. Draft April 7, 2005 10 ( e) The following example illustrates how to select the duration of NTE sampling events for calculations, as described in paragraph ( d) of this section:

NTE sample Duration of NTE sample ( seconds) Duration Limit Applied? Duration used in calculations ( seconds)

1 45 No 45 2 168 No 168 3 605 Yes. Use 10 times shortest valid NTE. 450 4 490 Yes. Use 10 times shortest valid NTE. 450 5 65 No 65 ( f) Engines meet the vehicle pass criteria under this section if they meet both of the following criteria:

( 1) The vehicle pass ratio calculated according to paragraph ( d) of this section must be at least 0.90.

( 2) For model year 2007 through 2009 engines, emission levels from all valid NTE sampling events must be less than 2.0 times the NTE thresholds calculated according to paragraph ( b)

of this section for all pollutants, except that engines certified to a NOx FEL at or below 0.50 g/ bhp hr may meet the vehicle pass criteria for NOx if measured NOx emissions from all valid NTE samples are less than either 2.0 times the NTE threshold for NOx or 2.0 g/ bhp hr.

§ 86.1915 What are the requirements for Phase 1 and Phase 2 testing?

For all selected engine families, you must do the following:

( a) To determine the number of engines you must test from each selected engine family under Phase 1 testing, use the following criteria:

( 1) Start by measuring emissions from five engines using the procedures described in § 86.1375. If all five engines comply fully with the vehicle pass criteria in § 86.1912 for all Draft April 7, 2005 11 pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If one of the engines tested under paragraph ( a)( 1) of this section fails to comply fully with the vehicle pass criteria in § 86.1912 for one or more pollutants, test one more engine. If this additional engine complies fully with the vehicle pass criteria in § 86.1912 for all pollutants,

you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 3) If your testing results under paragraphs ( a)( 1) and ( 2) of this section do not satisfy the criteria for completing your testing requirements under those paragraphs for all pollutants, test four additional engines so you have tested a total of ten engines.

( 4) An engine that fails to fully comply with the vehicle pass criteria in § 86.1912 for any pollutant does not comply with the vehicle pass criteria in § 86.1912 for the purposes of determining the number of engines to test from each selected engine family under this paragraph.

( b) For situations where a total of ten engines must be tested under paragraph ( a)( 3) of this section, the results of Phase 1 testing lead to the following outcomes:

( 1) If at least eight of the ten engines comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, you may stop testing. This completes your testing requirements under this subpart for the applicable calendar year for that engine family.

( 2) If six or seven vehicles from the Phase 1 sample of test vehicles comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, then you must engage in follow up discussions with us to determine whether any further testing ( including Phase 2 testing), data submissions, or other actions may be warranted.

( 3) If fewer than six of the ten engines tested under paragraph ( a) of this section comply fully with the vehicle pass criteria in § 86.1912 for all pollutants, we may require you to initiate Phase 2 testing, as described in paragraph ( c) of this section.

( 4) You may under any circumstances elect to conduct Phase 2 testing following the completion of Phase 1 testing. All the provisions of paragraph ( c) of this section apply to this Phase 2 testing.

( c) If you perform Phase 2 testing for any reason, test your engines as follows:

( 1) You must test ten engines using the test procedures described in § 86.1375 2007, unless we require you to test fewer vehicles.

( 2) We may give you any of the following additional directions in selecting and testing engines: Draft April 7, 2005 12 ( i) We may require you to select a certain subset of your engine family. This may include,

for example, engines within a specific power range, engines used in particular applications,

or engines installed in vehicles from a particular manufacturer.

( ii) We may direct you to test engines in a way that simulates the type of driving and ambient conditions associated with high emissions experienced during Phase 1 testing.

( iii) We may direct you to test engines in a specific state or any number of contiguous states.

( iv) We may direct you to select engines from the same sources used for previous testing,

or from different sources.

( v) We may require that you complete your testing and reporting under Phase 2 within a certain period. This period may not be shorter than three months and must allow a reasonable amount of time to identify and test enough vehicles.

§ 86.1917 How does in use testing under this subpart relate to the emission related warranty in Section 207( a)( 1) of the Clean Air Act?

( a) An exceedance of the NTE found through the in use testing program under this subpart is not by itself sufficient to show a breach of warranty under Clean Air Act section 207( a)( 1) ( 42 U. S. C.

7541( a)( 1)). A breach of warranty would also require one of the following things:

( 1) That, at the time of sale, the engine or vehicle was designed, built, and equipped in a manner that does not conform in all material respects reasonably related to emission controls to the engine as described in the application for certification and covered by the certificate; or ( 2) A defect in materials or workmanship of a component causes the vehicle or engine to fail to conform to the applicable regulations for its useful life.

( b) To the extent that in use NTE testing does not reveal such a material deficiency at the time of sale in the design or manufacture of an engine compared with the certified engine, or a defect in the materials and workmanship of a component or part, test results showing an exceedence of the NTE by itself would not show a breach of the warranty under 42 U. S. C. 7541( a)( 1).

§ 86.1920 What in use testing information must I report to EPA?

( a) Send us an electronic notification at application ci_ cert@ epa. gov describing any voluntarily testing you intend to conduct with portable in use measurement systems on the same engine families that are being tested under this subpart, from the time that engine family was selected for in use testing under § 86.1905 until the final results of all testing for that engine family are reported to us under this section. Draft April 7, 2005 13 ( b) Send us an electronic notification at application ci_ cert@ epa. gov within 15 days after your initial review of the test data for a selected engine family indicates that the third engine in Phase 1 testing failed to comply with the vehicle pass criteria. Similarly, send us an electronic notification at the above electronic address within 3 days after your initial review of the test data for a selected engine family indicates that any engine in Phase 2 testing failed to comply with the vehicle pass criteria.

( c) Within 30 days after the end of each calendar quarter, send us reports containing the test data from each engine for which testing was completed during the calendar quarter. Alternatively, you may separately send us the test data within 30 days after you complete testing for an engine.

Once you send us information under this section, you need not send that information again in later reports. Prepare your test reports as follows:

( 1) For each engine family, describe how you recruited vehicles. Describe how you used any criteria or thresholds to narrow your search or to screen individual vehicles.

( 2) Include a summary of the candidate vehicles you have rejected and the reasons you rejected them, whether you base the rejection on the criteria in § 86.1908( a) or anything else.

If you rejected a candidate vehicle due to misfueling, included the results of any fuel sample tests.

( 3) For the test vehicle, include the following background information:

( i) The EPA engine family designation, and the engine's model number, total displacement, and power rating.

( ii) The applicable test phase ( Phase 1 or Phase 2).

( iii) The date EPA selected the engine family for testing.

( iv) The vehicle's make and model and the year it was built.

( v) The vehicle's type or application ( such as delivery, line haul, or dump truck). Also,

identify the type of trailer, if applicable.

( vi) The vehicle owner's name, address, phone number, and e mail address.

( vii) The vehicle's maintenance and use history.

( viii) The known status history of the vehicle's OBD system and any actions the owner or operator took to address OBD trouble codes or MIL illumination over the vehicle's lifetime.

( ix) Any OBD codes or MIL illumination that occur after you accept the vehicle for in use testing under this subpart.

( x) Any steps you take to maintain, adjust, modify, or repair the vehicle or its engine to prepare for testing, including actions to address OBD trouble codes or MIL illumination. Draft April 7, 2005 14 Include any steps you took to drain and refill the vehicle's fuel tank( s) to correct misfueling, and the results of any fuel test conducted to identify misfueling.

( 4) For each test, include the following data and measurements:

( i) The date and time of testing, and the test number.

( ii) Shift days of testing ( see § 86.1910 ( g)), duration of testing, and the total hours of nonidle operation.

( iii) Route and location of testing. You may base this description on the output from a global positioning system.

( iv) The steps you took to ensure that vehicle operation during testing was consistent with normal operation and use, as described in § 86.1910( e).

( v) Fuel specifications, if available.

( vi) The vehicle's mileage at the start of the test. Include the engine's total lifetime hours of operation, if available.

( vii) Ambient temperature, dewpoint, and barometric pressure at the start and finish of each valid NTE event.

( viii) The number of valid NTE events ( see § 86.1912( c)), and the percent of measured operating time in the NTE zone ( both for valid NTE events and for instantaneous excursions).

( ix) Average emissions for each pollutant over each valid NTE event. Describe the method you used to determine NMHC as specified in 40 CFR part 1065, subpart J. See Appendix I of this subpart for an example of graphically summarizing NTE emission results.

( x) Exhaust flow measurements.

( xi) Vehicle pass ratio ( see § 86.1912( d)).

( xii) Recorded one hertz test data for all the parameters specified in 40 CFR part 1065,

subpart J. Report results for methane if it was measured and you used it to determine NMHC. Also, include any other relevant parameters electronically sensed, measured,

calculated, or otherwise stored by the engine's onboard computer such as any parameters used to modulate the emission control system.

( 5) For each engine family, identify the applicable requirements, as follows:

( i) Identify the applicable NTE thresholds.

( ii) Identify the approved NTE carve outs under § 86.1370 2007( b)( 6) and § 86.1370

2007( b)( 7).

( iii) Identify any approved NTE deficiencies under § 86.007 11( a)( 4)( iv). Draft April 7, 2005 15 ( 6) Include the following summary information after you complete testing with the engine:

( i) State whether the engine meets the vehicle pass criteria in § 86.1912( f).

( ii) Identify how many engines you have tested from the applicable engine family and how many engines still need to be tested.

( iii) Identify how many engines from an engine family have passed the vehicle pass criteria and the number that have failed the vehicle pass criteria ( see § 86.1912( f)).

( iv) If possible, state the outcome of Phase 1 testing for the engine family based on the criteria in § 86.1915( b).

( d) In your reports under this section, you must do all the following:

( 1) Include results from all emission testing required under this subpart.

( 2) Describe if any testing or evaluations were conducted to determine why a vehicle failed the vehicle pass criteria in § 86.1912.

( 3) Describe the purpose of any diagnostic procedures you conduct.

( 4) Describe any instances in which the OBD system illuminated the MIL or set trouble codes.

Also describe any approved actions taken to address the trouble codes or MIL.

( 5) Describe any instances of misfueling, the approved actions taken to address the problem,

and the results of any associated fuel sample testing.

( 6) Describe any incomplete or invalid tests that were conducted under this subpart.

( e) We may ask you to send us less information in your reports under this section.

( f) Send us electronic reports at application ci_ cert@ epa. gov using an approved information format. If you want to use a different format, send us a written request with justification.

( g) We may require you to send us more information to evaluate whether your engine family meets the requirements of this part.

§ 86.1925 What records must I keep?

( a) Organize and maintain your records as described in this section. We may review your records at any time, so it is important to keep required information readily available.

( b) Keep the following paper or electronic records of your in use testing for five years after you complete all the testing required for an engine family:

( 1) Keep a copy of the reports described in § 86.1920.

( 2) Keep any additional records, including forms you create, related to any of the following:

( i) The procurement and vehicle selection process described in § 86.1908.

( ii) Pre test maintenance and adjustments to the engine performed under § 86.1910.

( iii) Test results for all void, incomplete, and voluntary testing described in § 86.1920 Draft April 7, 2005 16 ( iv) Evaluations to determine why a vehicle failed the vehicle pass criteria described in § 86.1912.

( 3) Keep a copy of the relevant calibration results required by 40 CFR part 1065.

§ 86.1930 What special provisions apply from 2005 through 2007?

We may direct you to test engines under this subpart for emissions other than PM in 2005 and 2006, and for PM emissions in 2006 and 2007. In these interim periods, all the provisions of this subpart apply, with the following exceptions:

( a) We will only select engine families for testing of emissions other than PM when the manufacturer's Statement of Compliance specifically describes the family as being designed to comply with NTE requirements.

( b) We will not direct you to do the Phase 2 testing in § 86.1915( c), regardless of measured emission levels.

( c) For purposes of calculating the NTE thresholds under § 86.1912( a) for any 2006 and earlier model year engine, determine the applicable NTE standards as follows:

( 1) Any numerical NTE requirements specified in the terms of any consent decree that apply to the engine family under this subpart.

( 2) If a numerical NTE requirement is not specified in a consent decree for the engine family,

the NTE standards are 1.25 times the applicable FELs or the applicable emission standards specified in § 86.004 11( a)( 1) or § 86.098 11( a)( 1).

( d) You must submit the deficiencies and carve outs report described in § 86.007 11( a)( 4)( vi) for 2006 and earlier model year engines tested under this section. You must submit this information in the report required in § 86.1920( c).

§ 86.1935 What special provisions may apply as a consequence of a delay in the accuracy margin report for portable emission measurement systems?

( a) A memorandum entitled, " Memorandum of Agreement, Program to Develop Emission Measurement Accuracy Margins for Heavy Duty In Use Testing" is incorporated by reference.

( b) If one or more engine manufacturers fail to meet commitments under the agreement described in paragraph ( a) of this section and such a failure results in a delay in the final written report for either gaseous emissions ( NOx, NMHC and CO) or PM emissions described in the agreement, the following provisions apply for the respective pollutant type ( gaseous or PM emissions): Draft April 7, 2005 17 ( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months, the provisions of this subpart will not apply for the otherwise applicable calendar year ( 2007 for gaseous emissions and 2008 for PM emissions),

subject to the following provisions:

( i) We may identify the number of engine families that would otherwise have been designated for testing in that calendar year for the delayed pollutant type and direct manufacturers to test that number of engine families in any later calendar year once the provisions of this subpart begin for that pollutant type, without counting these accumulated engine families toward the allowable annual cap on the number of engine families specified in § 86.1905.

( ii) A delay for PM emissions would not be a sufficient basis for delaying the program for gaseous emissions. Similarly, a delay for gaseous emissions would not be a sufficient basis for delaying the program for PM emissions.

( iii) The normal 18 month period for testing and reporting results specified in § 86.1905( d)

is extended to 24 months for any accumulated engine family designation described in paragraph ( b)( 2)( i) of this section.

( 3) If the delay is longer than 12 months, follow the approach established under paragraphs ( b)( 1) and ( 2) of this section for the applicable calendar year.

( c) We may determine that any individual manufacturer's failure under paragraph ( b) of this section constitutes a failure by all engine manufacturers.

( d) If there is a delay in receiving the written final report for either gaseous emissions or PM emissions described in the agreement referenced in paragraph ( a) of this section, and that delay is not attributable to engine manufacturers failing to meet their commitments under that agreement,

the following provisions apply for the respective pollutant type ( gaseous or PM emissions):

( 1) If the delay is 3 months or less, we will delay the designation of engine families for testing in the applicable calendar year, as described in § 86.1905( d), by the same number of additional whole months ( rounded up) needed to complete the report.

( 2) If the delay is more than 3 months, we may continue to designate engine families for testing under the special provisions described in § 86.1930.

( 3) If the delay is longer than 12 months, follow the approach established under paragraphs ( d)( 1) and ( 2) of this section for the applicable calendar year. Draft April 7, 2005 18 ( e) Nothing in this section affects our ability to select engines from any model year beginning with model year 2007.

( f) If we determine that fundamental technical problems with portable in use PM measurement systems are not resolvable in a reasonable time, the provisions of this subpart, as they apply to PM, will go into abeyance until we determine that suitable emission measurement devices are available for in use testing.

( g) Engine manufacturers contributing to the test programs described in the agreement referenced in paragraph ( a) of this section may limit their testing under the special provisions described in § 86.1930 to five engines in each designated engine family.

Appendix I to Subpart T   Sample Graphical Summary of NTE Emission Results The following figure shows an example of a graphical summary of NTE emission results: Draft April 7, 2005 19