Sec.  1068.420  How do I know when my engine 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.

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 ask for a hearing at any time to determine whether the
tests and sampling methods were proper (see subpart G of this part).

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) You may ask for a hearing to determine whether the tests and
sampling methods were proper (see subpart G of this part) up to 15 days
after we suspend the certificate for a family. If we agree that we used
erroneous information in deciding to suspend the certificate before a
hearing is held, we will reinstate the certificate.

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.

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

    (a) Send us a written report asking us to reinstate your suspended
certificate. In your report, identify the reason for the SEA failure,
propose a remedy, and commit to a date for carrying it out. In your
proposed remedy include any quality control measures you propose to
keep the problem from happening again.
    (b) Give us data from production-line testing showing that engines/
equipment in the remedied family comply with all the emission standards
that apply.

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.

Sec.  1068.450  What records must I send to EPA?

    (a) Within 30 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)
    (d) Send reports of your testing to the Designated Compliance
Officer using an approved information format. If you want to use a
different format, send us a written request with justification for a
waiver.
    (e) We may post test results on publicly accessible databases and
we will send copies of your reports to anyone from the public who asks
for them. We will not release information about your sales or
production volumes, which is all we will consider confidential.

Sec.  1068.455  What records must I keep?

    (a) We may review your records at any time so it is important to
keep required information readily available. Organize and maintain your
records as described in this section.
    (b) Keep paper records for testing under this subpart for one full
year after you complete all the testing required for the selective
enforcement audit. For additional storage, you may use any format or
media.
    (c) Keep a copy of the written reports described in Sec.  1068.450.
    (d) Keep the following additional records:
    (1) The names of supervisors involved in each test.
    (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.
    (4) Any records related to your audit that are not in the written
report.
    (5) A brief description of any significant events during testing
not otherwise described in the written report or in this section.
    (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.
    (f) We may ask you to keep or send other information necessary to
implement this subpart.

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

    The following tables describe sampling plans for selective
enforcement audits, as described in Sec.  1068.420:

                                      Table A-1--Sampling Plan Code Letter
----------------------------------------------------------------------------------------------------------------
                                                         Minimum number of tests
   Projected family       Code letter \1\    ----------------------------------------------   Maximum number of
        sales                                        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 Engine Family Sales Volumes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          AA                           A                           B                           C                           D
             -------------------------------------------------------------------------------------------------------------------------------------------
  Stage \a\   Pass             i>            i>            i>            i>            i>            i>            i>            i>            i>
--------------------------------------------------------------------------------------------------------------------------------------------------------
         1    ............  ............  ............  ............  ............  ............  ............  ............  ............  ............
         2    ............  ............  ............  ............  ............  ............  ............  ............  ............  ............
         3             0    ............  ............  ............  ............  ............  ............  ............  ............  ............
         4             0    ............           0    ............  ............  ............  ............  ............  ............  ............
         5             1             5             0    ............           0    ............           0    ............          0     ............
         6             1             6             1             6             1             6             0            6             0          6
         7             2             6             1             7             1             7             1            7             1          7

         8             2             7             2             7             2             7             2            7             2          8
         9             3             7             2             8             2             8             2            8             2          8
        10             3             8             3             8             3             8             3            9             3          9
        11             4             8             3             8             3             9             3            9             3          9
        12             4             9             4             9             4             9             4           10             4         10
        13             5             9             5            10             4            10             4           10             4         10
        14             5            10             5            10             5            10             5           11             5         11
        15             6            10             6            11             5            11             5           11             5         11
        16             6            10             6            11             6            12             6           12             6         12
        17             7            10             7            12             6            12             6           12             6         12
        18             8            10             7            12             7            13             7           13             7         13
        19             8            10             8            13             8            13             7           13             7         13
        20             9            10             8            13             8            14             8           14             8         14
        21    ............  ............           9            14             9            14             8           14             8         14
        22    ............  ............          10            14             9            15             9           15             9         15
        23    ............  ............          10            15            10            15            10           15             9         15
        24    ............  ............          11            15            10            16            10           16            10         16
        25    ............  ............          11            16            11            16            11           16            11         16
        26    ............  ............          12            16            11            17            11           17            11         17
        27    ............  ............          12            17            12            17            12           17            12         17
        28    ............  ............          13            17            12            18            12           18            12         18
        29    ............  ............          14            17            13            18            13           18            13         19
        30    ............  ............          16            17            13            19            13           19            13         19
        31    ............  ............  ............  ............          14            19            14           19            14         20
        32    ............  ............  ............  ............          14            20            14           20            14         20
        33    ............  ............  ............  ............          15            20            15           20            15         21
        34    ............  ............  ............  ............          16            21            15           21            15         21
        35    ............  ............  ............  ............          16            21            16           21            16         22
        36    ............  ............  ............  ............          17            22            16           22            16         22
        37    ............  ............  ............  ............          17            22            17           22            17         23
        38    ............  ............  ............  ............          18            22            18           23            17         23
        39    ............  ............  ............  ............          18            22            18           23            18         24
        40    ............  ............  ............  ............          21            22            19           24            18         24
        41    ............  ............  ............  ............  ............  ............          19           24            19         25
        42    ............  ............  ............  ............  ............  ............          20           25            19         26
        43    ............  ............  ............  ............  ............  ............          20           25            20         26
        44    ............  ............  ............  ............  ............  ............          21           26            21         27
        45    ............  ............  ............  ............  ............  ............          21           27            21         27
        46    ............  ............  ............  ............  ............  ............          22           27            22         28
        47    ............  ............  ............  ............  ............  ............          22           27            22         28
        48    ............  ............  ............  ............  ............  ............          23           27            23         29
        49    ............  ............  ............  ............  ............  ............          23           27            23         29
        50    ............  ............  ............  ............  ............  ............          26           27            24         30
        51    ............  ............  ............  ............  ............  ............  ............  ............         24         30
        52    ............  ............  ............  ............  ............  ............  ............  ............         25         31
        53    ............  ............  ............  ............  ............  ............  ............  ............         25         31
        54    ............  ............  ............  ............  ............  ............  ............  ............         26         32
        55    ............  ............  ............  ............  ............  ............  ............  ............         26         32
        56    ............  ............  ............  ............  ............  ............  ............  ............         27         33
        57    ............  ............  ............  ............  ............  ............  ............  ............         27         33
        58    ............  ............  ............  ............  ............  ............  ............  ............         28         33
        59    ............  ............  ............  ............  ............  ............  ............  ............         28         33
        60    ............  ............  ............  ............  ............  ............  ............  ............         32         33
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Stage refers to the cumulative number of engines/equipment tested.

Subpart F--Reporting Defects and Recalling Engines/Equipment

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 regulated 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 regulated 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
Enforcement 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.
    (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.

Send us an updated defect report anytime you have significant
additional information.
    (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.

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 Compliance
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
Clean Air 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.

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 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.

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.

Sec.  1068.520  How do I notify affected owners?

    (a) Notify owners by first class mail or e-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) Allow for the owner to inform you using one of the following
methods if they have sold the engine/equipment:
    (i) Send a self-addressed card that owners can mail back to you;
include a space for owners to write the name and address of a buyer.
    (ii) Provide owners with a toll-free number and an e-mail address
or Web site they can use to identify 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.

Sec.  1068.525  What records must I send to EPA?

    (a) Send us a copy of all communications related to the remedial
plan you sent to dealers and others doing the repairs. Mail or e-mail
us the information at the same time you send it to others.
    (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.
    (d) We may ask for more information.
    (e) We may waive reporting requirements or adjust the reporting
schedule.
    (f) If anyone asks to see the information in your reports, we will
follow the provisions of Sec.  1068.10 for handling confidential
information.

Sec.  1068.530  What records must I keep?

    We may review your records at any time so it is important that you
keep required information readily available. Keep records associated
with your recall campaign for three years after you send the last
report we require under Sec.  1068.525(b). Organize and maintain your
records as described in this section.
    (a) Keep a paper copy of the written reports described in Sec.
1068.525.
    (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.
    (c) You may keep the records in paragraph (b) of this section in
any form we can inspect, including computer databases.

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 applies only if you learn
that your family does not meet the requirements of this chapter and we
have not made such a determination.
    (a) To do a voluntary recall under this section, first send the
Designated Compliance Officer a plan, following the guidelines in Sec.
1068.510. Within 15 days, we will send you our comments on your plan.
    (b) Once we approve your plan, start notifying owners and carrying
out the specified repairs. Make reasonable efforts to carry out the
recall as quickly as possible.
    (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.
    (d) Keep your reports and the supporting information as described
in Sec.  1068.530.

Subpart G--Hearings

Sec.  1068.601  What are the procedures for hearings?

    If we agree to hold a hearing related to our decision to order a
recall under Sec.  1068.505, we will hold the hearing according to the
provisions of 40 CFR 85.1807. For any other issues, you may request an
informal hearing as described in 40 CFR 86.1853-01.

Appendix I to Part 1068--Emission-Related Components

    This appendix specifies emission-related components that we
refer to for describing such things as emission-related warranty or
requirements related to rebuilding engines. Note that inclusion of a
component in Section III of this Appendix does not make it an
emission-related component for engines/equipment that are not
subject to evaporative emission standards.
    I. For exhaust emissions, emission-related components include
any engine parts related to the following systems:
    1. Air-induction system.
    2. Fuel system.
    3. Ignition system.
    4. Exhaust gas recirculation systems.
    II. The following parts are also considered emission-related
components for exhaust emissions:

    1. Aftertreatment devices.
    2. Crankcase ventilation valves.
    3. Sensors.
    4. Electronic control units.
    III. The following parts are considered emission-related
components for evaporative emissions:
    1. Fuel Tank.
    2. Fuel Cap.
    3. Fuel Line.
    4. Fuel Line Fittings.
    5. Clamps*.
    6. Pressure Relief Valves*.
    7. Control Valves*.
    8. Control Solenoids*.
    9. Electronic Controls*.
    10. Vacuum Control Diaphragms*.
    11. Control Cables*.
    12. Control Linkages*.
    13. Purge Valves.
    14. Vapor Hoses.
    15. Liquid/Vapor Separator.
    16. Carbon Canister.
    17. Canister Mounting Brackets.
    18. Carburetor Purge Port Connector.
    *As related to the evaporative emission control system.
    IV. Emission-related components also include any other part
whose only purpose is to reduce emissions or whose failure will
increase emissions without significantly degrading engine/equipment
performance.

Appendix II to Part 1068--Emission-Related Parameters and
Specifications

    This appendix specifies emission-related parameters and
specifications that we refer to for describing such things as
emission-related defects or requirements related to rebuilding
engines.
    I. Basic Engine Parameters for Reciprocating Engines.
    1. Compression ratio.
    2. Type of air aspiration (natural, Roots-blown, supercharged,
turbocharged).
    3. Valves (intake and exhaust).
    a. Head diameter dimension.
    b. Valve lifter or actuator type and valve lash dimension.
    4. Camshaft timing.
    a. Valve opening--intake exhaust (degrees from top-dead center
or bottom-dead center).
    b. Valve closing--intake exhaust (degrees from top-dead center
or bottom-dead center).
    c. Valve overlap (degrees).
    5. Ports--two stroke engines (intake and/or exhaust).
    a. Flow area.
    b. Opening timing (degrees from top-dead center or bottom-dead
center).
    c. Closing timing (degrees from top-dead center or bottom-dead
center).
    II. Intake Air System.
    1. Roots blower/supercharger/turbocharger calibration.
    2. Charge air cooling.
    a. Type (air-to-air; air-to-liquid).
    b. Type of liquid cooling (engine coolant, dedicated cooling
system).
    c. Performance.
    3. Temperature control system calibration.
    4. Maximum allowable inlet air restriction.
    III. Fuel System.
    1. General.
    a. Engine idle speed.
    b. Engine idle mixture.
    2. Carburetion.
    a. Air-fuel flow calibration.
    b. Idle mixture.
    c. Transient enrichment system calibration.
    d. Starting enrichment system calibration.
    e. Altitude compensation system calibration.
    f. Hot idle compensation system calibration.
    3. Fuel injection for spark-ignition engines.
    a. Control parameters and calibrations.
    b. Idle mixture.
    c. Fuel shutoff system calibration.
    d. Starting enrichment system calibration.
    e. Transient enrichment system calibration.
    f. Air-fuel flow calibration.
    g. Altitude compensation system calibration.
    h. Operating pressure(s).
    i. Injector timing calibration.
    4. Fuel injection for compression-ignition engines.
    a. Control parameters and calibrations.
    b. Transient enrichment system calibration.
    c. Air-fuel flow calibration.
    d. Altitude compensation system calibration.
    e. Operating pressure(s).
    f. Injector timing calibration.
    IV. Ignition System for Spark-ignition Engines.
    1. Control parameters and calibration.
    2. Initial timing setting.
    3. Dwell setting.
    4. Altitude compensation system calibration.
    5. Spark plug voltage.
    V. Engine Cooling System--thermostat calibration.
    VI. Exhaust System--maximum allowable back pressure.
    VII. System for Controlling Exhaust Emissions.
    1. Air injection system.
    a. Control parameters and calibrations.
    b. Pump flow rate.
    2. EGR system.
    a. Control parameters and calibrations.
    b. EGR valve flow calibration.
    3. Catalytic converter system.
    a. Active surface area.
    b. Volume of catalyst.
    c. Conversion efficiency.
    4. Backpressure.
    VIII. System for Controlling Crankcase Emissions.
    1. Control parameters and calibrations.
    2. Valve calibrations.
    IX. Auxiliary Emission Control Devices (AECD).
    1. Control parameters and calibrations.
    2. Component calibration(s).
    X. System for Controlling Evaporative Emissions.
    1. Control parameters and calibrations.
    2. Fuel tank.
    a. Volume.
    b. Pressure and vacuum relief settings.
    XI. Warning Systems Related to Emission Controls.
    1. Control parameters and calibrations.
    2. Component calibrations.

Appendix III to Part 1068--High-Altitude Counties

    In some cases the standard-setting part includes requirements or
other specifications that apply for high-altitude counties. The
following counties have substantial populated areas above 4,000 feet
above sea level and are therefore considered to be high-altitude
counties:

STATE OF ARIZONA

Apache
Cochise
Coconino
Navajo
Yavapai

STATE OF COLORADO

Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld

STATE OF IDAHO

Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte

Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Teton
Valley

STATE OF MONTANA

Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Powell
Madison
Meagher
Park
Silver Bow
Wheatland

STATE OF NEBRASKA

Banner
Cheyenne
Kimball
Sioux

STATE OF NEVADA

Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine

STATE OF NEW MEXICO

Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel
Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia

STATE OF OREGON

Harney
Lake
Klamath

STATE OF TEXAS

Jeff Davis
Judspeth
Parmer

STATE OF UTAH

Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber

STATE OF WYOMING

Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston

0
246. 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. E8-21093 Filed 10-7-08; 8:45 am]

BILLING CODE 6560-50-P