Sec.  86.110-94  Exhaust gas sampling system; diesel-cycle vehicles,
and Otto-cycle vehicles requiring particulate emissions measurements.

* * * * *
    (d) Filters, particulate sampling. Use fluorocarbon-coated glass
fiber filters or fluorocarbon-based (membrane) filters to collect
particulate matter, as follows:
    (1) Use primary and back-up test filters as follows for particulate
measurements:
    (i) During each phase of the UDDS, sample dilute exhaust
simultaneously with paired primary and back-up test filters.
    (ii) Position the back-up filter holder 3 to 4 inches downstream of
the primary filter holder.
    (iii) Determine the net weight of particulate material collected on
each primary test filter and each back-up test filter using the
procedure described in Sec.  86.139.
    (iv) Determine a ratio of net weights using the following formula:
    [GRAPHIC] [TIFF OMITTED] TP21MY13.140

    (v) If the ratio is greater than 0.95, base the particulate
emission calculations on the net weight of the primary filter only.
    (vi) If the ratio is less than 0.95, base the particulate emission
calculations on the combined net weights of the back-up test filter and
the primary test filter.
    (2) The particulate filter must have a 47 mm diameter (37 mm stain
area).

Sec. Sec.  86.111-90 and 86.115-00   [Removed]

0
96. Sections 86.111-90 and 86.115-00 are removed.
0
97. Section 86.113-04 is amended by revising paragraphs (a)(2) and
(a)(3)(i) to read as follows:

Sec.  86.113-04  Fuel specifications.

* * * * *
    (a) * * *
    (2) Manufacturers may use California test fuels, as follows:
    (i) For model year 2014 and earlier vehicles certified for 50-state
sale, manufacturers may perform exhaust emission tests using California
Phase 2 gasoline as specified in Chapter 4 of the California Regulatory
Requirements Applicable to the National Low Emission Vehicle Program,
October 1996 (incorporated by reference in Sec.  86.1). However, the
Administrator may use or require the use of test fuel meeting the
specifications in paragraph (a)(1) of this section for certification
confirmatory testing, selective enforcement auditing and in-use
testing.
    (ii) For model year 2015 and later, manufacturers may certify 50-
state vehicles based on testing used to meet California's LEV III
standards, including the use of California Phase 3 gasoline (E10),
subject to the following provisions:
    (A) The Administrator will also use this E10 fuel for any testing
to confirm that vehicles meet the LEV III standards. Note that all
evaporative testing with the E10 fuel must be conducted with
temperatures meeting the specifications adopted by the California Air
Resources Board.
    (B) The manufacturer must also use this E10 fuel for fuel economy
measurements, with any appropriate corrections related to ethanol
content in the fuel.
    (C) The vehicles must also meet standards at high-altitude
conditions. The high-altitude standards for a given vehicle are the LEV
III standards that apply for low-altitude testing, except that testing
is based on the fuel specified in paragraph (a)(1) of this section.
Note that heavy-duty vehicles certified under this paragraph
(a)(2)(ii)(C) are not subject to SFTP standards at high-altitude
conditions. Manufacturers may alternatively use the E15 test fuel
specified in Sec.  86.113-07 for high-altitude testing.
    (D) The vehicle must meet the applicable cold-temperature standards
using the fuel specified in paragraph (a)(1) of this section.
    (E) Such vehicles are considered to be Tier 2 vehicles for EPA
certification; however, manufacturers must exclude them from the fleet-
average NOX calculation in subpart S of this part.
    (3) * * *
    (i) Unless otherwise approved by the Administrator, unleaded
gasoline representative of commercial gasoline that will be generally
available through retail outlets must be used in service accumulation.
Unless otherwise approved by the Administrator, where the vehicle is to
be used for evaporative emission durability demonstration, such fuel
must contain ethanol as required by Sec.  86.1824-08(f)(1) . Leaded
gasoline must not be used in service accumulation.
* * * * *
0
98. Section 86.113-07 is amended by revising the introductory text and
paragraph (a) to read as follows:

Sec.  86.113-07  Fuel specifications.

    Section 86.113-07 includes text that specifies requirements that
differ from Sec.  86.113-94. Where a paragraph in Sec.  86.113-94 is
identical and applicable to Sec.  86.113-07, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.113-94.''
    (a) Gasoline fuel. This paragraph (a) describes how to transition
to an ethanol-blend test fuel for vehicles certified under subpart S of
this part. You may use the test fuels specified in Sec.  86.113-04(a)
for vehicles that are not yet subject to testing with the new fuel. You
may use the specified ethanol-blend test fuel anytime earlier than we
specify. Manufacturers must certify using service accumulation fuel and
E15 test fuel as specified in 40 CFR 1065, subpart H, on the following
schedule:
    (1) Use the E15 test fuel to demonstrate compliance with the Tier 3
evaporative emission standards as specified in Sec.  86.1813. Use the
E15 test

fuel to demonstrate compliance with the Tier 3 exhaust emission
standards as specified in Sec.  86.1811 and 86.1816. Where testing with
E15 test fuel is required, this applies for all testing for
demonstrating compliance with exhaust emission standards and fuel
economy requirements. For vehicles certified for 50-state sale through
model year 2019, you may instead use California Phase 3 gasoline (E10)
as adopted in California's LEV III program for exhaust and evaporative
emission testing at low-altitude conditions; the Administrator will
also use this E10 fuel for any low-altitude testing with such vehicles.
In the case of evaporative emission tests with California Phase 3
gasoline, perform tests based on the temperatures specified by the
California Air Resources Board.
    (2) Use the E15 test fuel to demonstrate compliance with the
evaporative emission standards specified in Sec.  86.1811-10 starting
in model year 2020. You may not certify these vehicles using carryover
data based on measurements with E0 test fuel.
    (3) Use the E15 test fuel to demonstrate compliance with the
refueling emission standards for any vehicles that must be certified to
meet the diurnal plus hot soak standards with E15 test fuel under
paragraph (a)(1) of this section.
    (4) For any vehicles that require testing to demonstrate compliance
with the refueling spitback standard, use the E15 test fuel starting in
model year 2022.
    (5) If a vehicle uses E15 test fuel for evaporative emission
testing and E0 or E10 is the applicable test fuel for exhaust emission
testing, or vice versa, exhaust measurement and reporting requirements
apply over the course of the evaporative emission test, but the vehicle
need not meet the exhaust emission standards during the evaporative
emission test run.
    (6) Use service accumulation fuel as described in 40 CFR part 1065,
subpart H, with the additional provisions specified in Sec.  86.113-
04(a)(3).
* * * * *

Sec.  86.113-94  [Amended]

0
99. Section 86.113-94 is amended by removing and reserving paragraph
(a).
0
100. Section 86.115-78 is amended by revising the section heading and
paragraphs (a) and (b) introductory text to read as follows:

Sec.  86.115-78  EPA dynamometer driving schedules.

    (a) The driving schedules for the Urban Dynamometer Driving
Schedule, US06, SC03, and the New York City Cycles are specified in
appendix I of this part. The driving schedules are defined by a smooth
trace drawn through the specified speed vs. time relationships. They
each consist of a distinct non-repetitive series of idle, acceleration,
cruise, and deceleration modes of various time sequences and rates.
    (b) The driver should attempt to follow the target schedule as
closely as possible (refer to Sec.  86.128 for additional cycle driving
instructions). The speed tolerance at any given time for these
schedules, or for a driver's aid chart approved by the Administrator,
are as follows:
* * * * *
0
101. Section 86.117-96 is amended by revising the introductory text and
paragraphs (c)(1)(vii) and (c)(1)(ix) to read as follows:

Sec.  86.117-96  Evaporative emission enclosure calibrations.

    The calibration of evaporative emission enclosures consists of
three parts: initial and periodic determination of enclosure background
emissions (hydrocarbons and methanol); initial determination of
enclosure internal volume; and periodic hydrocarbon and methanol
retention check and calibration. Ethanol retention checks may be
performed instead of methanol retention checks. Alcohol retentions may
be omitted if no alcohol-fueled vehicles will be tested in the
evaporative enclosure. Alternate calibration methods may be used if
shown to yield equivalent or superior results, and if approved in
advance by the Administrator; specifically, more extreme temperatures
may be used for determining calibration without affecting the validity
of test results.
* * * * *
    (c) * * *
    (1) * * *
    (vii) Inject into the enclosure 0.5 to 1.0 grams of pure methanol
at a recommended temperature of at least 150[emsp14][deg]F (65 [deg]C)
and/or 0.5 to 1.0 grams of pure propane at lab ambient temperature. The
injected quantity may be measured by volume flow or by mass
measurement. The method used to measure the quantity of methanol and
propane must have an accuracy of 0.5 percent of the
measured value (less accurate methods may be used with the advance
approval of the Administrator).
* * * * *
    (ix) To verify the enclosure calibration, calculate the mass of
propane and the mass of methanol using the measurements taken in
paragraphs (c)(1)(vi) and (viii) of this section. See paragraph (d) of
this section. This quantity must be within 5 percent of
that measured in paragraph (c)(1)(vii) of this section. Evaluate long-
term trends using good engineering judgment to minimize measurement
bias. Keep records to document such evaluations and make them available
to EPA upon request.
* * * * *

Sec. Sec.  86.118-78, 86.127-96, and 86.128-00  [Removed]

0
102. Sections 86.118-78, 86.127-96, and 86.128-00 are removed.
0
103. Section 86.128-79 is amended by revising paragraph (d) to read as
follows:

Sec.  86.128-79  Transmissions.

* * * * *
    (d) The vehicle shall be driven with appropriate accelerator pedal
movement necessary to achieve the speed versus time relationship
prescribed by the driving schedule. Both smoothing of speed variations
and excessive accelerator pedal perturbations are to be avoided.
* * * * *

Sec.  86.129-80  [Amended]

0
104. Section 86.129-80 is amended by removing and reserving paragraph
(a).

Sec.  86.130-00  [Removed]

0
105. Section 86.130-00 is removed.
0
106. Section 86.130-96 is amended by adding introductory text, revising
paragraph (e), and adding paragraph (f) to read as follows:

Sec.  86.130-96  Test sequence; general requirements.

    Paragraphs (a) through (d) of this section are applicable to
vehicles tested for the FTP test. Paragraph (e) of this section is
applicable to vehicles tested for the SFTP supplemental tests of air
conditioning (SC03) and aggressive driving (US06). Paragraph (f) of
this section is applicable to all emission testing.
* * * * *
    (e) The supplemental tests for exhaust emissions related to
aggressive driving (US06) and air conditioning (SC03) use are conducted
as stand-alone tests as described in Sec. Sec.  86.158 through 86.160.
These tests may be performed in any sequence that maintains the
appropriate preconditioning requirements as specified in Sec.  86.132.
    (f) If tests are invalidated after collection of emission data from
previous test segments, the test may be repeated to collect only those
data points needed to complete emission

measurements. Compliance with emission standards may be determined by
combining emission measurements from different test runs. If any
emission measurements are repeated, the new measurements supersede
previous values.

Sec.  86.131-00  [Removed]

0
107. Section 86.131-00 is removed.
0
108. Section 86.131-96 is amended by adding paragraphs (f) and (g) to
read as follows:

Sec.  86.131-96  Vehicle preparation.

* * * * *
    (f) For vehicles to be tested for aggressive driving emissions
(US06), provide a throttle position sensing signal that is compatible
with the test dynamometer. This signal provides the input information
that controls dynamometer dynamic inertia weight adjustments (see
Sec. Sec.  86.108-00(b)(2)(ii) and 86.129-00(f)(2)). If a manufacturer
chooses not to implement dynamic inertia adjustments for a portion or
all of their product line, this requirement is not applicable.
    (g) You may disable any AECDs that have been approved solely for
emergency vehicle applications under paragraph (4) of the definition of
defeat device in Sec.  86.1803. The emission standards do not apply
when any of these AECDs are active.

Sec.  86.132-96  [Amended]

0
109. Section 86.132-96 is amended by removing and reserving paragraph
(k).
0
110. Section 86.133-96 is amended by adding paragraph (a)(4) to read as
follows:

Sec.  86.133-96  Diurnal emission test.

    (a) * * *
    (4) Manufacturers may use a pressurized fuel system if they
demonstrate that fuel vapor would not be vented to the atmosphere if
there is a leak in the fuel system or if the fuel cap is removed.
Without this demonstration, tank pressure must not exceed 10 inches of
water during the diurnal emission test.
* * * * *
0
111. Section 86.134-96 is amended by revising paragraph (g)(1)(xvi) and
adding paragraph (g)(4) to read as follows:

Sec.  86.134-96  Running loss test.

* * * * *
    (g) * * *
    (1) * * *
    (xvi) Manufacturers may use a pressurized fuel system if they
demonstrate that fuel vapor would not be vented to the atmosphere if
there is a leak in the fuel system or if the fuel cap is removed.
Without this demonstration, tank pressure must not exceed 10 inches of
water during the running loss test, except that temporary exceedances
are allowed for vehicles whose tank pressure remained below 10 inches
of water during the entire outdoor driving period specified in Sec.
86.129. These temporary pressure exceedances may not occur for more
than 10 percent of the total driving time.
* * * * *
    (4) High-altitude testing. For testing under high-altitude
conditions, decrease the target ambient and fuel temperatures by
5[emsp14][deg]F. For example, the fuel temperature profile should be
adjusted downward based on a nominal starting temperature of
90[emsp14][deg]F, and the nominal temperature in the enclosure should
be 90[emsp14][deg]F.
* * * * *

Sec.  86.135-00  [Removed]

0
112. Section 86.135-00 is removed.
0
113. Section 86.135-90 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  86.135-90  Dynamometer procedure.

    (a) The dynamometer run consists of two tests--a ``cold'' start
test, after a minimum 12-hour and a maximum 36-hour soak according to
the provisions of Sec. Sec.  86.132 and 86.133, and a ``hot'' start
test following the ``cold'' start by 10 minutes. Engine startup (with
all accessories turned off), operation over the UDDS and engine
shutdown make a complete cold start test. Engine startup and operation
over the first 505 seconds of the driving schedule complete the hot
start test. The exhaust emissions are diluted with ambient air in the
dilution tunnel as shown in Figure B94-5 and Figure B94-6. A dilution
tunnel is not required for testing vehicles waived from the requirement
to measure particulate matter. Six particulate samples are collected on
filters for weighing; the first sample plus backup is collected during
the first 505 seconds of the cold start test; the second sample plus
backup is collected during the remainder of the cold start test
(including shutdown); the third sample plus backup is collected during
the hot start test. Continuous or batch proportional samples of gaseous
emissions are collected for analysis during each test phase. Use the
following measurement procedures for each type of engine:
    (1) For gasoline-fueled, natural gas-fueled and liquefied petroleum
gas-fueled Otto-cycle vehicles, the composite samples collected in bags
are analyzed for THC, CO, CO2, CH4, and
NOX.
    (2) For petroleum-fueled diesel-cycle vehicles (optional for
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled
diesel-cycle vehicles), THC is sampled and analyzed continuously
according to the provisions of Sec.  86.110. Parallel samples of the
dilution air are similarly analyzed for THC, CO, CO2,
CH4, and NOX.
    (3) For natural gas-fueled, liquefied petroleum gas-fueled and
methanol-fueled vehicles, bag samples are collected and analyzed for
THC (if not sampled continuously), CO, CO2, CH4,
and NOX.
    (4) For methanol-fueled vehicles, methanol and formaldehyde samples
are taken for both exhaust emissions and dilution air (a single
dilution air formaldehyde sample, covering the total test period may be
collected). Parallel bag samples of dilution air are analyzed for THC,
CO, CO2, CH4, and NOX.
* * * * *
    (d) Practice runs over the prescribed driving schedule may be
performed at test point, provided an emission sample is not taken, for
the purpose of finding the appropriate throttle action to maintain the
proper speed-time relationship, or to permit sampling system
adjustment. Both smoothing of speed variations and excessive
accelerator pedal perturbations are to be avoided. When using two-roll
dynamometers a truer speed-time trace may be obtained by minimizing the
rocking of the vehicle in the rolls; the rocking of the vehicle changes
the tire rolling radius on each roll. This rocking may be minimized by
restraining the vehicle horizontally (or nearly so) by using a cable
and winch.
* * * * *

Sec.  86.135-94 and 86.137-90  [Removed]

0
114. Sections 86.135-94 and 86.137-90 are removed.
0
115. Section 86.137-94 is amended by revising paragraphs (b)(16)
through (b)(24) to read as follows:

Sec.  86.137-94  Dynamometer test run, gaseous and particulate
emissions.

* * * * *
    (b) * * *
    (16) Immediately after the end of the sample period, turn off the
cooling fan and close the engine compartment cover.
    (17) Turn off the CVS or disconnect the exhaust tube from the
tailpipe(s) of the vehicle.
    (18) Repeat the steps in paragraphs (b)(2) through (b)(12) of this
section for the hot start test, except only two evacuated sample bags,
two methanol

sample impingers, two formaldehyde sample impingers, and one pair of
particulate sample filters, as appropriate, are required. The step in
paragraph (b)(9) of this section shall begin between 9 and 11 minutes
after the end of the sample period for the cold start test.
    (19) At the end of the deceleration scheduled to occur at 505
seconds, simultaneously turn off gas flow measuring device No. 1 (and
the petroleum-fueled diesel hydrocarbon integrator No. 1; mark the
petroleum-fueled diesel hydrocarbon recorder chart and turn off the No.
1 particulate sample pump, if applicable) and position the sample
selector valve to the ``standby'' position. (Engine shutdown is not
part of the hot start test sample period.) Record the measured roll or
shaft revolutions (and the No. 1 gas meter reading or flow measurement
instrument). Carefully remove the third pair of particulate sample
filters from the holder and place in a clean petri dish and cover, if
applicable.
    (20) As soon as possible, transfer the hot start ``transient''
exhaust and dilution air samples to the analytical system and process
the samples according to Sec.  86.140, obtaining a stabilized reading
of the exhaust bag sample on all analyzers within 20 minutes of the end
of the sample collection phase of the test. Obtain methanol and
formaldehyde sample analyses, if applicable, within 24 hours of the end
of the sample period. If it is not possible to perform analysis on the
methanol and formaldehyde samples within 24 hours, the samples should
be stored in a dark, cold (4-10 [deg]C) environment until analysis.
Analyze the samples within fourteen days.
    (21) As soon as possible, and in no case longer than one hour after
the end of the hot start phase of the test, transfer the six
particulate filters to the weighing chamber for post-test conditioning,
if applicable.
    (22) Disconnect the exhaust tube from the vehicle tailpipe(s) and
drive the vehicle from dynamometer.
    (23) The CVS or CFV may be turned off, if desired.
    (24) Vehicles to be tested for evaporative emissions proceed
according to Sec.  86.134; vehicles to be tested with the supplemental
two-diurnal test sequence for evaporative emissions proceed according
to Sec.  86.138-96(k). For all others, this completes the test
sequence.

Sec.  86.137-96  [Removed]

0
116. Section 86.137-96 is removed.
0
117. Section 86.142-90 is amended by revising paragraph (d) to read as
follows:

Sec.  86.142-90  Records required.

* * * * *
    (d) Test results. Also include a comparison of drive cycle energy
and target cycle energy relative to both inertia and road load forces
as specified in 40 CFR 1066.430 for each drive cycle or test phase, as
appropriate.
* * * * *
0
118. Section 86.143-96 is amended by revising paragraph (c) to read as
follows:

Sec.  86.143-96  Calculations; evaporative emissions.

* * * * *
    (c) If the test fuel contains at least 25% oxygenated compounds by
volume, use the following equation to calculate a hydrocarbon
equivalent mass for comparing to the standard:
[GRAPHIC] [TIFF OMITTED] TP21MY13.007

Where:

MTHCE = the C1-equivalent sum of the
concentration of carbon mass contributions of non-oxygenated
hydrocarbons, alcohols, and aldehydes.
mHC = the mass contribution from nonoxygenated
hydrocarbons.
ni = the number of carbon atoms in the molecular
representation of the oxygenated emission component i. For example,
for methanol (CH3OH), n = 1 and for ethanol
(C2H5OH), n = 2.
MWi = the molecular weight of the oxygenated emission
component i, as described in 40 CFR 1065.1005.
* * * * *

Sec. Sec.  86.162-00 and 86.167-17   [Removed]

0
119. Sections 86.162-00 and 86.167-17 are removed.
0
120 . Subpart C is revised to consist of Sec. Sec.  86.201 and 86.213
to read as follows:
Subpart C--Emission Regulations for 1994 and Later Model Year Gasoline-
Fueled New Light-Duty Vehicles, New Light-Duty Trucks and New Medium-
Duty Passenger Vehicles; Cold Temperature Test Procedures
Sec.
86.201 General applicability.
86.213 Fuel specifications.

Subpart C--Emission Regulations for 1994 and Later Model Year
Gasoline-Fueled New Light-Duty Vehicles, New Light-Duty Trucks and
New Medium-Duty Passenger Vehicles; Cold Temperature Test
Procedures

Sec.  86.201  General applicability.

    (a) Vehicles are subject to cold-testing requirements as described
in subpart S of this part and 40 CFR part 600. Perform testing to
measure CO and NMHC emissions and determine fuel economy as described
in 40 CFR part 1066; see especially 40 CFR 1066.710.
    (b) Manufacturers may certify vehicles using carryover data based
on previously published cold-testing procedures. In addition, we may
approve the use of previously published cold-testing procedures as an
alternative procedure under 40 CFR 1066.10(c).
    (c) Section 86.213 describes special provisions related to test
fuel specifications.

Sec.  86.213  Fuel specifications.

    (a) Gasoline. Use a gasoline test fuel with ethanol (low-level
blend only) or without ethanol as follows:
    (1) You must certify using service accumulation fuel and E15 test
fuel as specified in Sec.  86.113 for any vehicles required to use an
ethanol-blend test fuel for measuring exhaust emissions. You may use
this test fuel any time earlier than we specify.
    (2) You may use the test fuel specified in this paragraph (a)(2)
for vehicles that are not yet subject to exhaust testing with an
ethanol-blend test fuel under Sec.  86.113. Manufacturers may certify
based on this fuel using carryover data until testing with the ethanol-
blend test fuel is required. The following specifications apply for
gasoline test fuel without ethanol:

         Table 1 of Sec.   86.213-Cold Temperature Test Fuel Specifications for Gasoline Without Ethanol
----------------------------------------------------------------------------------------------------------------
                 Item                          Regular                Premium \1\        Reference procedure \2\
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2 \3\......................  87.80.3....  92.30.5....  ASTM D2699.
Sensitivity\3\.......................  7.5....................  7.5....................
Distillation Range ([deg]F)..........  .......................  .......................  ASTM D86
    Evaporated initial boiling point.  76-96..................  76-96..................
    10% evaporated...................  98-118.................  105-125................

    50% evaporated...................  179-214................  195-225................
    90% evaporated...................  316-346................  316-346................
    Evaporated final boiling point...  413 Maximum............  413 Maximum............
Hydrocarbon composition (vol %)......  .......................  .......................  ASTM D1319.
    Olefins..........................  12.50.5....  10.50.5....
    Aromatics........................  26.44.0....  32.04.0....
    Saturates........................  Remainder..............  Remainder..............
Lead, g/gallon.......................  0.01, Maximum..........  0.01, Maximum..........  ASTM D3237.
Phosphorous, g/gallon................  0.005 Maximum..........  0.005 Maximum..........  ASTM D3231.
Total sulfur, wt. %..................  0.0015-0.008...........  0.0015-0.008 \4\.......  ASTM D3120.
RVP, psi.............................  11.50.3....  11.50.3....  ASTM D4953.
----------------------------------------------------------------------------------------------------------------
\1\ The premium fuel specifications apply for vehicles designed to use high-octane premium fuel.
\2\ ASTM procedures are incorporated by reference in Sec.   86.1.
\3\ Octane specifications are optional for manufacturer testing.
\4\ Sulfur concentration will not exceed 0.0045 weight percent for EPA testing.

    (3) Manufacturers may use the E0 gasoline test fuel specified in
Sec.  86.113 for certification instead of the fuel specified in
paragraph (a)(2) of this section, as long as the change in test fuel
does not cause cold NMHC, CO, or CO2 emissions to decrease;
manufacturers must keep records documenting these emission effects and
make them available to EPA upon request.
    (4) We may approve alternate fuel specifications that are
substantially equivalent to those in paragraph (a)(2) of this section
for a manufacturer's testing.
    (b) Diesel fuel. Diesel fuel for testing under this subpart must
meet the specifications for low-temperature test fuel in 40 CFR
1065.703.

Subpart D--[Removed and reserved]

0
121. Subpart D, consisting of Sec. Sec.  86.301-79 through 86.348-79,
is removed and resereved.

Subpart F--[Amended]

Sec.  86.505-78--[Removed]

0
122. Remove Sec.  86.505-78.

Sec.  86.513-94--[Amended]

0
123. Section 86.513-94 is amended by removing and reserving paragraph
(a) and by removing and reserving paragraphs (e) and (f).
0
124. Section 86.515-78 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  86.515-78  EPA urban dynamometer driving schedule.

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

Subpart G--[Amended]

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

Sec.  86.608-98  Test procedures.

    (a) The prescribed test procedures are the Federal Test Procedure,
as described in subpart B of this part, and the cold temperature CO
test procedure as described in subpart C of this part. For purposes of
Selective Enforcement Audit testing, the manufacturer shall not be
required to perform any of the test procedures in subpart B of this
part relating to evaporative emission testing, other than refueling
emissions testing, except as specified in paragraph (a)(2) of this
section.
    (1) The Administrator may omit any of the testing procedures
described in paragraph (a) of this section. Further, the Administrator
may, on the basis of a written application by a manufacturer, approve
optional test procedures other than those in subparts B and C of this
part for any motor vehicle which is not susceptible to satisfactory
testing using the procedures in subparts B and C of this part.
    (2) The following exceptions to the test procedures in subpart B of
this part are applicable to Selective Enforcement Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel
meeting the specifications for mileage and service accumulation fuels
of Sec.  86.113. Otherwise, the manufacturer may use fuels other than
those specified in this section only with the advance approval of the
Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel
at other than the approximate mid-volume of the fuel tank, as specified
in Sec.  86.131-96(a) with only a single temperature sensor, and may
drain the test fuel from other than the lowest point of the tank, as

specified in Sec. Sec.  86.131-96(b) and 86.152-98(a), provided an
equivalent method is used. Equivalency documentation shall be
maintained by the manufacturers and shall be made available to the
Administrator upon request. Additionally, for any test vehicle that has
remained under laboratory ambient temperature conditions for at least 6
hours prior to testing, the vehicle soak described in Sec.  86.132-
96(c) may be eliminated upon approval of the Administrator. In such
cases, the vehicle shall be operated through the preconditioning drive
described in Sec.  86.132-96(c) immediately following the fuel drain
and fill procedure described in Sec.  86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on
Selective Enforcement Audit test vehicles other than the
preconditioning specified in Sec.  86.132 only if the additional
preconditioning was performed on certification test vehicles of the
same configuration.
    (iv) [Reserved]
    (v) The manufacturer may substitute slave tires for the drive wheel
tires on the vehicle as specified in Sec.  86.135-90(e): Provided, that
the slave tires are the same size.
    (vi) [Reserved]
    (vii) In performing exhaust sample analysis under Sec.  86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up
for the HC analyzer, and for diesel vehicles, a minimum of two hours
warm-up for the CO, CO2. and NOx analyzers. (Power is normally left on
infrared and chemiluminescent analyzers. When not in use, the chopper
motors of the infrared analyzers are turned off and the phototube high
voltage supply to the chemiluminescent analyzers is placed in the
standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec.  86.142 or Sec.
86.155, since the records required therein are provided under other
provisions of this subpart G.
    (ix) If a manufacturer elects to perform the background
determination procedure described in paragraph (a)(2)(xi) of this
section in addition to performing the refueling emissions test
procedure, the elapsed time between the initial and final FID readings
shall be recorded, rounded to the nearest second rather than minute as
described in Sec.  86.154-98(e)(8). In addition, the vehicle soak
described in Sec.  86.153-98(e) shall be conducted with the windows and
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described
in Sec.  86.153-98(b), of both integrated and non-integrated systems
instead of the full refueling test. When testing non-integrated
systems, a manufacturer may conduct the canister purge described in
Sec.  86.153-98(b)(1) directly following the preconditioning drive
described in Sec.  86.132-96(e) or directly following the exhaust
emissions test described in Sec.  86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to
perform the following background emissions determination immediately
prior to the refueling measurement procedure described in Sec.  86.154,
provided EPA is notified of this decision prior to the start of testing
in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior
to the background determination. Warning: If at any time the
concentration of hydrocarbons, of methanol, or of methanol and
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately
purged. This concentration provides a 4:1 safety factor against the
lean flammability limit.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the background determination. If not
already on, the enclosure mixing fan and the spilled fuel mixing blower
shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level
encountered by the test vehicle during the entire background emissions
determination shall be 80[emsp14][deg]F 3[emsp14][deg]F.
The windows and luggage compartment of the vehicle must be open and the
gas cap must be secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of
hydrocarbons in the SHED and record. This is the initial background
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes 1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background
determination is calculated according to Sec.  86.156. To obtain a per-
minute background emission rate, divide the total hydrocarbon mass
calculated in this paragraph by the duration of the soak, rounded to
the nearest second, described in paragraph (a)(2)(xi)(G) of this
section.
    (I) The background emission rate is multiplied by the duration of
the refueling measurement obtained in paragraph (a)(2)(ix) of this
section. This number is then subtracted from the total grams of
emissions calculated for the refueling test according to Sec.  86.156-
98(a) to obtain the adjusted value for total refueling emissions. The
final results for comparison with the refueling emission standard shall
be computed by dividing the adjusted value for total refueling mass
emissions by the total gallons of fuel dispensed in the refueling test
as described in Sec.  86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part,
the manufacturer shall prepare gasoline-fueled and methanol-fueled
vehicles as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1
kPa) to the fuel system, allowing the pressure to stabilize, and
isolating the fuel system from the pressure source. Following isolation
of the fuel system, pressure must not drop more than 2.0 inches of
water (0.5 kPa) in five minutes. If required, the manufacturer shall
perform corrective action in accordance with paragraph (d) of this
section and report this action in accordance with Sec.  86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative
or refueling emission control systems by component addition, deletion,
or substitution, except to comply with paragraph (a)(2)(ii) of this
section if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel
at other than the approximate mid-volume of the fuel tank, as specified
in Sec.  86.107-96(e), and may drain the test fuel from other than the
lowest point of the fuel tank, provided an equivalent method is used.
Equivalency documentation shall be maintained by the manufacturer and
shall be made available to the Administrator upon request.

    (ii) In performing exhaust sample analysis under Sec.  86.140, the
manufacturer shall exercise care to prevent moisture from condensing in
the sample collection bags.
    (iii) The manufacturer need not comply with Sec.  86.142 since the
records required therein are provided under other provisions of this
subpart G.
    (iv) In addition to the requirements of subpart C of this part, the
manufacturer shall prepare gasoline-fueled vehicles as follows prior to
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the
absence of any leaks of liquid or vapor to the atmosphere by applying a
pressure of 14.50.5 inches of water (3.60.1
kPa) to the fuel system allowing the pressure to stabilize and
isolating the fuel system from the pressure source. Following isolation
of the fuel system, pressure must not drop more than 2.0 inches of
water (0.5 kPa) in five minutes. If required, the manufacturer shall
perform corrective action in accordance with paragraph (d) of this
section and report this action in accordance with Sec.  86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall
exercise care to neither purge nor load the evaporative or refueling
emission control system.
    (C) The manufacturer shall not modify the test vehicle's
evaporative or refueling emission control system by component addition,
deletion, or substitution, except if approved in advance by the
Administrator, to comply with paragraph (a)(3)(i) of this section.
* * * * *
0
126. Section 86.609-98 is amended by revising paragraphs (a), (b), and
(c) to read as follows:

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

    (a) Initial test results are calculated following the test
procedures specified in Sec.  86.608-98(a). Round the initial test
results to the number of decimal places contained in the applicable
emission standard expressed to one additional significant figure.
    (b) Final test results for each test vehicle are calculated by
summing the initial test results derived in paragraph (a) of this
section for each test vehicle, dividing by the number of times that
specific test has been conducted on the vehicle, and rounding to the
same number of decimal places contained in the applicable standard
expressed to one additional significant figure.
    (c) Final deteriorated test results--(1) For each test vehicle. The
final deteriorated test results for each light-duty vehicle tested for
exhaust emissions and/or refueling emissions according to subpart B,
subpart C, or subpart R of this part are calculated by first
multiplying or adding, as appropriate, the final test results by or to
the appropriate deterioration factor derived from the certification
process for the engine or evaporative/refueling family and model year
to which the selected configuration belongs, and then by multiplying by
the appropriate reactivity adjustment factor, if applicable, and
rounding to the same number of decimal places contained in the
applicable emission standard. For the purpose of this paragraph (c), if
a multiplicative deterioration factor as computed during the
certification process is less than one, that deterioration factor is
one. If an additive deterioration factor as computed during the
certification process is less than zero, that deterioration factor will
be zero.
    (2) Exceptions. There are no deterioration factors for light-duty
vehicle emissions obtained during spitback testing in accordance with
Sec.  86.146-96. Accordingly, for the fuel dispensing spitback test,
the term ``final deteriorated test results'' means the final test
results derived in paragraph (b) of this section for each test vehicle,
rounded to the same number of decimal places contained in the
applicable emission standard.
* * * * *

Sec.  86.610-98  [Amended]

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

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

    (a) The certificate of conformity is immediately suspended with
respect to any vehicle failing pursuant to Sec.  86.610-98 (b)
effective from the time that testing of that vehicle is completed.
    (b) The Administrator may suspend the certificate of conformity for
a configuration that does not pass a selective enforcement audit
pursuant to Sec.  86.610-98(c) based on the first test, or all tests,
conducted on each vehicle. This suspension will not occur before ten
days after failure to pass the audit.
    (c) If the results of vehicle testing pursuant to the requirements
of this subpart indicates the vehicles of a particular configuration
produced at more than one plant do not conform to the regulations with
respect to which the certificate of conformity was issued, the
Administrator may suspend the certificate of conformity with respect to
that configuration for vehicles manufactured by the manufacturer in
other plants of the manufacturer.
    (d) The Administrator will notify the manufacturer in writing of
any suspension or revocation of a certificate of conformity in whole or
in part: Except, that the certificate of conformity is immediately
suspended with respect to any vehicle failing pursuant to Sec.  86.610-
98(b) and as provided for in paragraph (a) of this section.
    (e) The Administrator may revoke a certificate of conformity for a
configuration when the certificate has been suspended pursuant to
paragraph (b) or (c) of this section if the proposed remedy for the
nonconformity, as reported by the manufacturer to the Administrator, is
one requiring a design change(s) to the engine and/or emission control
system as described in the Application for Certification of the
affected configuration.
    (f) Once a certificate has been suspended for a failed vehicle as
provided for in paragraph (a) of this section, the manufacturer must
take the following actions:
    (1) Before the certificate is reinstated for that failed vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the vehicle's final deteriorated test results
conform to the applicable emission standards or family particulate
emission limits, as defined in this part 86 by retesting the vehicle in
accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days
after successful completion of testing on the failed vehicle, which
contains a description of the remedy and test results for the vehicle
in addition to other information that may be required by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b)
or (c) of this section, the manufacturer must take the following
actions before the Administrator will consider reinstating such
certificate:
    (1) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the vehicles, describes the
proposed remedy, including a description of any proposed quality
control and/or quality assurance measures to be taken by the
manufacturer to prevent the future occurrence of the problem, and
states the date on which the remedies will be implemented.
    (2) Demonstrate that the engine family or configuration for which
the certificate of conformity has been suspended does in fact comply
with the requirements of

this subpart by testing vehicles selected from normal production runs
of that engine family or configuration at the plant(s) or the
facilities specified by the Administrator, in accordance with: the
conditions specified in the initial test order pursuant to Sec.  86.603
for a configuration suspended pursuant to paragraph (b) or (c) of this
section.
    (3) If the Administrator has not revoked the certificate pursuant
to paragraph (e) of this section and if the manufacturer elects to
continue testing individual vehicles after suspension of a certificate,
the certificate is reinstated for any vehicle actually determined to
have its final deteriorated test results in conformance with the
applicable standards through testing in accordance with the applicable
test procedures.
    (h) Once a certificate for a failed engine family or configuration
has been revoked under paragraph (e) of this section and the
manufacturer desires to introduce into commerce a modified version of
that engine family or configuration, the following actions will be
taken before the Administrator may issue a certificate for the new
engine family or configuration:
    (1) If the Administrator determines that the proposed change(s) in
vehicle design may have an effect on emission performance deterioration
and/or fuel economy, he/she shall notify the manufacturer within five
working days after receipt of the report in paragraph (g)(1) of this
section whether subsequent testing under this subpart will be
sufficient to evaluate the proposed change(s) or whether additional
testing will be required.
    (2) After implementing the change(s) intended to remedy the
nonconformity, the manufacturer shall demonstrate, if the certificate
was revoked pursuant to paragraph (e) of this section, that the
modified vehicle configuration does in fact conform with the
requirements of this subpart by testing vehicles selected from normal
production runs of that modified vehicle configuration in accordance
with the conditions specified in the initial test order pursuant to
Sec.  86.603. The Administrator shall consider this testing to satisfy
the testing requirements of Sec.  86.079-32 or Sec.  86.079-33 if the
Administrator had so notified the manufacturer. If the subsequent
testing results in a pass decision pursuant to the criteria in Sec.
86.610-98(c), the Administrator shall reissue or amend the certificate,
if necessary, to include that configuration: Provided, that the
manufacturer has satisfied the testing requirements specified in
paragraph (h)(1) of this section. If the subsequent audit results in a
fail decision pursuant to the criteria in Sec.  86.610-98(c), the
revocation remains in effect. Any design change approvals under this
subpart are limited to the modification of the configuration specified
by the test order.
    (i) A manufacturer may at any time subsequent to an initial
suspension of a certificate of conformity with respect to a test
vehicle pursuant to paragraph (a) of this section, but not later than
fifteen (15) days or such other period as may be allowed by the
Administrator after notification of the Administrator's decision to
suspend or revoke a certificate of conformity in whole or in part
pursuant to paragraph (b), (c) or (e) of this section, request that the
Administrator grant such manufacturer a hearing as to whether the tests
have been properly conducted or any sampling methods have been properly
applied.
    (j) After the Administrator suspends or revokes a certificate of
conformity pursuant to this section or notifies a manufacturer of his
intent to suspend, revoke or void a certificate of conformity under
Sec.  86.007-30(e) or Sec.  86.1850, and prior to the commencement of a
hearing under Sec.  86.614, if the manufacturer demonstrates to the
Administrator's satisfaction that the decision to suspend, revoke or
void the certificate was based on erroneous information, the
Administrator shall reinstate the certificate.
    (k) To permit a manufacturer to avoid storing non-test vehicles
when conducting testing of an engine family or configuration subsequent
to suspension or revocation of the certificate of conformity for that
engine family or configuration pursuant to paragraph (b), (c), or (e)
of this section, the manufacturer may request that the Administrator
conditionally reinstate the certificate for that engine family or
configuration. The Administrator may reinstate the certificate subject
to the condition that the manufacturer consents to recall all vehicles
of that engine family or configuration produced from the time the
certificate is conditionally reinstated if the engine family or
configuration fails the subsequent testing and to remedy any
nonconformity at no expense to the owner.

Subpart H--[Removed and reserved]

0
129. Subpart H, consisting of Sec. Sec.  86.701-94 through 86.709-99,
is removed and reserved.

Subpart M--[Removed and reserved]

0
130. Subpart M, consisting of Sec. Sec.  86.1201-90 through 86.1246-96,
is removed and reserved.

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

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

Sec.  86.1305  Introduction; structure of subpart.

    (a) This subpart specifies the equipment and procedures for
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards
and general testing requirements to comply with EPA certification
procedures.
    (b) Use the applicable equipment and procedures for spark-ignition
or compression-ignition engines in 40 CFR part 1065 to determine
whether engines meet the duty-cycle emission standards in subpart A of
this part. Measure the emissions of all regulated pollutants as
specified in 40 CFR part 1065. Use the duty cycles and procedures
specified in Sec. Sec.  86.1333, 86.1360, and 86.1362. Adjust emission
results from engines using aftertreatment technology with infrequent
regeneration events as described in Sec.  86.004-28.
    (c) The provisions in Sec. Sec.  86.1370 and 86.1372 apply for
determining whether an engine meets the applicable not-to-exceed
emission standards.
    (d) Measure smoke using the procedures in subpart I of this part
for evaluating whether engines meet the smoke standards in subpart A of
this part.
    (e) Use the fuels specified in 40 CFR part 1065 to perform valid
tests, as follows:
    (1) For service accumulation, use the test fuel or any commercially
available fuel that is representative of the fuel that in-use engines
will use.
    (2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel
specified in 40 CFR part 1065 for emission testing.
    (3) For gasoline-fueled engines, use the appropriate E0 fuel
specified in 40 CFR part 1065, except that the sulfur concentration
must be between 0.0015 and 0.008 weight percent and research octane
must be at least 93.
    (f) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10. In addition, for 2010 and earlier
model year engines, you may use modified test procedures

as needed to conform to the procedures that were specified at the time
of emission testing for the model year in question.
    (g) This subpart applies to you as a manufacturer, and to anyone
who does testing for you.
    (h) For testing conducted with engines installed in vehicles,
including field testing conducted to measure emissions under Not-To-
Exceed test procedures, use the test procedures and equipment specified
in 40 CFR part 1065, subpart J.

Sec. Sec.  86.1305-90, 86.1305-2004, 86.1306-07, 86.1306-96, 86.1308-
84, 86.1309-90, 86.1310-90, 86.1310-2007, 86.1311-94, 86.1312-88,
86.1312-2007, 86.1313-94, 86.1313-98, 86.1313-2004, 86.1313-2007,
86.1314-94, 86.1316-94, 86.1318-84, 86.1319-90, 86.1320-90, 86.1321-94,
86.1322-84, 86.1323-84, 86.1323-2007, 86.1324-84, 86.1325-94, 86.1326-
90, 86.1327-96, 86.1327-98, 86.1330-90, and 86.1332-90  [Removed]

0
133. Remove Sec. Sec.  86.1305-90, 86.1305-2004, 86.1306-07, 86.1306-
96, 86.1308-84, 86.1309-90, 86.1310-90, 86.1310-2007, 86.1311-94,
86.1312-88, 86.1312-2007, 86.1313-94, 86.1313-98, 86.1313-2004,
86.1313-2007, 86.1314-94, 86.1316-94, 86.1318-84, 86.1319-90, 86.1320-
90, 86.1321-94, 86.1322-84, 86.1323-84, 86.1323-2007, 86.1324-84,
86.1325-94, 86.1326-90, 86.1327-96, 86.1327-98, 86.1330-90, and
86.1332-90.
0
134. Section 86.1333-2010 is redesignated as Sec.  86.1333, and newly
redesignated Sec.  86.1333 is amended by revising paragraphs (a)(1) and
(d) to read as follows:

Sec.  86.1333  Transient test cycle generation.

    (a) * * *
    (1) To unnormalize rpm, use the following equations:
    (i) For diesel engines:
    [GRAPHIC] [TIFF OMITTED] TP21MY13.141

Where:

Max Test Speed = the maximum test speed as calculated in 40 CFR part
1065.

    (ii) For Otto-cycle engines:
    [GRAPHIC] [TIFF OMITTED] TP21MY13.142

Where:

Max Test Speed = the maximum test speed as calculated in 40 CFR part
1065.
* * * * *
    (d) Determine idle speeds as specified in 40 CFR 1065.510.

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

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

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

* * * * *
    (b) * * *
    (1) Perform testing as described in Sec.  86.1362 for determining
whether an engine meets the applicable standards when measured over the
supplemental emission test.
* * * * *
    (c) The engine speeds A, B and C, referenced in the table in
paragraph (b)(1) of this section, must be determined as follows:
Speed A = nlo+ 0.25 x (nhi-nlo)
Speed B = nlo+ 0.50 x (nhi-nlo)
Speed C = nlo+ 0.75 x (nhi-nlo)

Where:

nhi = High speed as determined by calculating 70% of the
maximum power. The highest engine speed where this power value
occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the
maximum power. The lowest engine speed where this power value occurs
on the power curve is defined as nlo. Maximum power = the
maximum observed power calculated according to the engine mapping
procedures defined in 40 CFR 1065.510.
* * * * *
    (f) * * *
    (3) If the Maximum Allowable Emission Limit for any point, as
calculated under paragraphs (f)(1) and (2) of this section, is greater
than the applicable Not-to-Exceed limit (if within the Not-to-Exceed
control area defined in Sec.  86.1370(b)), then the Maximum Allowable
Emission Limit for that point shall be defined as the applicable Not-
to-Exceed limit.
* * * * *
0
137. Section 86.1362-2010 is redesignated as Sec.  86.1362, and newly
redesignated Sec.  86.1362 is amended by revising the introductory text
and adding paragraph (f) to read as follows:

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

    This section describes how to test engines under steady-state
conditions.
* * * * *
    (f) For 2007 through 2010 model years, manufacturers may follow the
mode order described in this paragraph (f) instead of the mode order
specified in paragraph (a) of this section. Any EPA testing with these
engines will rely on the same procedure used by the manufacturer for
certification.

----------------------------------------------------------------------------------------------------------------
                                       Time in mode
              RMC mode                   (seconds)        Engine speed 1 2            Torque (percent) 2 3
----------------------------------------------------------------------------------------------------------------
1a Steady-state....................               170  Warm Idle.............  0.
1b Transition......................                20  Linear Transition.....  Linear Transition.
2a Steady-state....................               170  A.....................  100.

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

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

0
138. Remove Sec. Sec.  86.1362-2007 and 86.1363-2007.
0
139. Section 86.1370-2007 is redesignated as Sec.  86.1370, and newly
redesignated Sec.  86.1370 is amended by revising paragraphs (a),
(b)(3), (b)(6), and (f) introductory text to read as follows:

Sec.  86.1370  Not-To-Exceed test procedures.

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

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

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

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

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

Subpart O--[Removed and reserved]

0
142. Subpart O, consisting of Sec. Sec.  86.1401 through 86.1442, is
removed and reserved.

Subpart R--[Removed and reserved]

0
143. Subpart R, consisting of Sec. Sec.  86.1701-99 through 86.1780-99,
is removed and reserved.

Subpart S--[Amended]

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

Sec.  86.1801-12  Applicability.

    (a) Applicability. The provisions of this subpart apply to certain
types of new vehicles as described in this paragraph (a). Where the
provisions apply for a type of vehicle, they apply for vehicles powered
by any fuel. In some cases, manufacturers of heavy-duty engines and
vehicles can choose whether to meet the requirements of this subpart or
the requirements of subpart A of this part; those provisions are
therefore considered optional, but only to the extent that
manufacturers comply with the other set of requirements. In cases where
a provision applies only to a certain vehicle group based on its model
year, vehicle class, motor fuel, engine type, or other distinguishing
characteristics, the limited applicability is cited in the appropriate
section. The provisions of this subpart apply to certain vehicles as
follows:
    (1) The provisions of this subpart apply for light-duty vehicles,
and light-duty trucks,
    (2) The provisions of this subpart apply for medium-duty passenger
vehicles. The provisions of this subpart also apply for other complete
heavy-duty vehicles at or below 14,000 pounds GVWR, except as follows:
    (i) The provisions of this subpart are optional for diesel-cycle
vehicles through model year 2018.
    (ii) The onboard diagnostic requirements in this subpart do not
apply if engines meet the onboard diagnostic requirements specified in
Sec.  86.007-17.
    (iii) Greenhouse gas emission standards apply as specified in 40
CFR parts 1036 and 1037 instead of the standards specified in this
subpart.
    (3) The provisions of this subpart generally do not apply to
incomplete heavy-duty vehicles or to complete vehicles above 14,000
pounds GVWR (see subpart A of this part and 40 CFR part 1037). However,
this subpart applies to such vehicles in the following cases:
    (i) Incomplete heavy-duty vehicles at or below 14,000 pounds GVWR
may be optionally certified to the exhaust emission standards in this
subpart that apply for complete heavy-duty vehicles.
    (ii) The evaporative and refueling emission standards apply for
incomplete heavy-duty vehicles at or below 14,000 pounds GVWR starting
with model year 2018. Evaporative emission standards also apply for
vehicles above 14,000 pounds GVWR as specified in 40 CFR part 1037.
    (iii) The onboard diagnostic requirements in this subpart do not
apply for vehicles above 14,000 pounds GVWR; these requirements apply
for incomplete vehicles at or below 14,000 pounds GVWR only if the
installed engine does not meet the onboard diagnostic requirements
specified in Sec.  86.007-17.
    (b) Relationship to subpart A of this part. Unless specified
otherwise, if heavy-duty vehicles are not subject to provisions of this
subpart or if manufacturers choose not to meet optional provisions of
this subpart as described in paragraph (a) of this section, the engines
installed in those vehicles must meet the corresponding requirements
under subpart A of this part. If a vehicle and its installed engine
comply with a mix of provisions from this subpart and from subpart A of
this part, the vehicle must be certified under this subpart, and the
engine does not need to be certified separately.
    (c) Clean alternative fuel conversions. The provisions of this
subpart also apply to clean alternative fuel conversions as defined in
40 CFR 85.502 of all vehicles described in paragraph (a) of this
section.
    (d) Small volume manufacturers. Special certification procedures
are available for small-volume manufacturers as described in Sec.
86.1838.
    (e) You. The term ``you'' in this subpart refers to manufacturers
subject to the emission standards and other requirements of this
subpart.
* * * * *
0
145. Section 86.1803-01 is amended as follows:
0
a. By removing the definition for ``Certification Short Test (CST)''.
0
b. By adding definitions for ``Class 2b'' and ``Class 3'' in
alphabetical order.
0
c. By revising the definitions for ``Family emission limit (FEL)'',
``Heavy-duty vehicle'', and ``Hybrid electric vehicle (HEV)''.
0
d. By adding definitions for ``LEV III'' and ``Low-altitude
conditions'' in alphabetical order.
0
e. By removing the definition for ``Low altitude conditions''.
0
f. By adding a definition for ``Rated power'' in alphabetical order.
0
g. By revising the definition for ``Round, rounded or rounding''.
0
h. By adding definitions for ``Section 177 states'', ``Tier 3'', and
``United States'' in alphabetical order.
0
i. By revising the definition for ``U.S. sales''.
0
j. By adding definitions for ``Volatile liquid fuel'' and ``We (us,
our)'' in alphabetical order.

Sec.  86.1803-01  Definitions.

* * * * *
    Class 2b means relating to heavy-duty vehicles at or below 10,000
pounds GVWR.
    Class 3 means relating to heavy-duty vehicles above 10,000 pounds
GVWR and at or below 14,000 pounds GVWR.
* * * * *
    Family emission limit (FEL) means a bin standard or emission level
selected by the manufacturer that serves as the applicable emission
standard for the vehicles in the family or test group in the context of
fleet-average standards or emission credits.
* * * * *
    Heavy-duty vehicle means any motor vehicle rated at more than 8,500
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds
or that has a basic vehicle frontal area in excess of 45 square feet.
Note that MDPVs are heavy-duty vehicles that are in many cases subject
to requirements that apply for light-duty trucks.
* * * * *
    Hybrid electric vehicle (HEV) means a motor vehicle which draws
propulsion energy from onboard sources of stored energy that are both
an internal combustion engine or heat engine using consumable fuel, and
a rechargeable energy storage system such as a battery, capacitor,
hydraulic accumulator, or flywheel.
* * * * *
    LEV III means relating to the LEV III emission standards in Title
13, Sec. Sec.  1961.2 and 1976(b)1)(G) of the California Code of
Regulations, as adopted by the California Air Resources Board
(incorporated by reference in Sec.  86.1).
* * * * *
    Low-altitude conditions means a test altitude less than 549 meters
(1,800 feet).
* * * * *
    Rated power means an engine's maximum power output in an installed
configuration, as determined by using SAE J1349 (incorporated by
reference in Sec.  86.1).
* * * * *
    Round, rounded or rounding has the meaning given in 40 CFR
1065.1001, unless otherwise specified.
* * * * *
    Section 177 states means the states that have adopted California's
motor vehicle standards for a particular model year under section 177
of the Clean Air Act (42 U.S.C. 7507).
* * * * *
    Tier 3 means relating to the Tier 3 emission standards described in
Sec. Sec.  86.1811-17, 86.1813-17, and 86.1816-18.
* * * * *

    United States has the meaning given in 40 CFR 1068.30.
* * * * *
    U.S. sales means, unless otherwise specified, sales in any state of
the United States except for California or the section 177 states. Sale
location is based on the point of first sale to a dealer, distributor,
fleet operator, broker, or other entity.
* * * * *
    Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure
higher than 2.0 pounds per square inch.
* * * * *
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
* * * * *

Sec.  86.1805-01  [Removed]

0
146. Remove Sec.  86.1805-01.
0
147. A new Sec.  86.1805-17 is added to subpart S to read as follows:

Sec.  86.1805-17  Useful life.

    (a) General provisions. The useful life values specified in this
section apply for all exhaust, evaporative, refueling, and OBD emission
requirements described in this subpart, except for standards that are
specified to apply only at certification. These useful life
requirements also apply to all air conditioning leakage credits, air
conditioning efficiency credits, and other credit programs used by the
manufacturer to comply with the fleet-average CO2 emission
standards in Sec.  86.1818. Useful life values are specified as a given
number of calendar years and miles of driving, whichever comes first.
    (b) Greenhouse gas pollutants. The emission standards in Sec.
86.1818 apply for a useful life of 10 years or 120,000 miles for LDVs
and LLDTs and 11 years or 120,000 miles for HLDTs, MDPVs, and heavy-
duty vehicles. Manufacturers may alternatively certify based on a
longer useful life as specified in paragraph (c) of this section.
    (c) Criteria pollutants. The useful life provisions of this
paragraph (c) apply for all emission standards not covered by paragraph
(b) of this section. Except as specified in paragraph (e) of this
section and in Sec. Sec.  86.1811, 86.1813, and 86.1816, the useful
life for LDT2s, HLDTs, MDPVs, and HDVs is 15 years or 150,000 miles.
The useful life for LDV and LDT1 is 10 years or 120,000 miles.
Manufacturers may optionally certify LDVs and LDT1s to a useful life of
15 years or 150,000 miles, in which case the longer useful life would
apply for all the standards and requirements. LDVs and LDT1s certified
to the longer useful life are subject to higher numerical FTP emission
standard for NMOG+NOx as specified in Sec.  86.1811-17(b).
    (d) Intermediate useful life. Where exhaust emission standards are
specified for an intermediate useful life, these standards apply for
five years or 50,000 miles.
    (e) Interim provisions. The useful life provisions of Sec.
86.1805-12 apply for vehicles not yet subject to Tier 3 requirements.
For example, vehicles above 6,000 pounds GVWR are not subject to the
useful life provisions in this section until model year 2019 unless
manufacturers voluntarily certify to the Tier 3 requirements earlier
than the regulations require. Also, where the transition to Tier 3
standards involves a phase-in percentage for a given standard, vehicles
not included as part of the phase-in portion of the fleet continue to
be subject to the useful life provisions of Sec.  86.1805-12 with
respect to that standard.

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

0
148. Remove Sec. Sec.  86.1806-01 and 86.1806-04.
0
149. Section 86.1806-05 is amended by revising paragraphs (b)
introductory text and (j) and adding paragraph (k)(7) to read as
follows:

Sec.  86.1806-05  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

* * * * *
    (b) Malfunction descriptions. The OBD system must detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the following malfunction
definitions as measured and calculated in accordance with test
procedures set forth in subpart B of this part (chassis-based test
procedures), excluding those test procedures defined as
``Supplemental'' test procedures in Sec.  86.004-2 and codified in
Sec. Sec.  86.158, 86.159, and 86.160. For clean alternative fuel
conversion manufacturers, your OBD system is expected to detect and
identify malfunctions in all monitored emission-related powertrain
systems or components according to the malfunction definitions
described in this paragraph (b) as measured and calculated in
accordance with the chassis-based test procedures set forth in subpart
B of this part to the extent feasible, excluding the elements of the
Supplemental FTP (see Sec.  86.1803). However, at a minimum, systems
must detect and identify malfunctions as described in paragraph (k)(7)
of this section.
* * * * *
    (j) California OBDII compliance option. Manufacturers may comply
with California's OBD requirements instead of meeting the requirements
of this section as follows:
    (1) Through the 2006 model year, demonstration of compliance with
California OBDII requirements (Title 13 California Code of Regulations
Sec.  1968.2 (13 CCR 1968.2)), as modified, approved and filed on April
21, 2003 (incorporated by reference, see Sec.  86.1), shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(16.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing.
    (2) For 2007 through 2012 model year vehicles, demonstration of
compliance with California OBD II requirements (Title 13 California
Code of Regulations Sec.  1968.2 (13 CCR 1968.2)), approved on November
9, 2007 (incorporated by reference, see Sec.  86.1), shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(k) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(15.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing.
    (3) Beginning with the 2013 model year, manufacturers may
demonstrate compliance with California's 2010 OBD requirements as
described in Sec.  86.1806-17(a).
    (4) For all model years, the deficiency provisions of paragraph (i)
of this section and the evaporative leak detection requirement of
paragraph (b)(4) of this section, if applicable, apply to manufacturers
selecting this paragraph for demonstrating compliance.
    (k) * * *
    (7) For clean alternative fuel conversion manufacturers (e.g.,
natural

gas, liquefied petroleum gas, methanol, ethanol), in lieu of the
requirements specified for other manufacturers in this paragraph (k),
you may demonstrate that the malfunction indicator light will
illuminate, at a minimum, under any of the following circumstances when
the vehicle is operated on the applicable alternative fuel:
    (i) Otto-cycle. A catalyst is replaced with a defective catalyst
system where the catalyst brick for the monitored volume has been
removed (i.e., empty catalyst system) resulting in an increase of 1.5
times the NMOG (or NMOG+NOX) standard or FEL above the NMOG
(or NMOG+NOX) emission level measured using a representative
4000 mile catalyst system.
    (ii)(A) Diesel. If monitored for emissions performance--a catalyst
is replaced with a defective catalyst system where the catalyst brick
for the monitored volume has been removed (i.e., empty catalyst can)
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NOX (or NMOG+NOX) or PM.
    (B) If monitored for performance--a particulate trap is replaced
with a trap that has catastrophically failed.
    (iii)(A) Otto-cycle. An engine misfire condition is induced that
completely disables one or more cylinders, either through mechanical or
electrical means, resulting in exhaust emissions exceeding 1.5 times
the applicable standards or FEL for CO, NMOG, or NOX (or
NMOG+NOx).
    (B) Diesel. An engine misfire condition resulting in complete lack
of cylinder firing is induced and is not detected.
    (iv) If so equipped, any oxygen sensor is replaced with a
completely defective oxygen sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for CO, NMOG, or NOX (or
NMOG+NOX).
    (v) If so equipped and applicable, a vapor leak is introduced in
the evaporative and/or refueling system (excluding the tubing and
connections between the purge valve and the intake manifold) greater
than or equal in magnitude to a leak caused by a 0.040 inch diameter
orifice, or the evaporative purge air flow is blocked or otherwise
eliminated from the complete evaporative emission control system. At a
minimum, gas cap removal or complete venting of the evaporative and/or
refueling system may be introduced resulting in a gross leak of the
complete evaporative emission control system.
    (vi) A malfunction condition is induced resulting in complete
disablement in any emission-related powertrain system or component,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, the secondary air system, if equipped, and
the fuel control system, singularly resulting in exhaust emissions
exceeding 1.5 times the applicable emission standard or FEL for PM, CO,
NMOG, or NOX (or NMOG+NOx).
    (vii) A malfunction condition is induced that completely disables
an electronic emission-related powertrain system or component not
otherwise described in this paragraph (k) that either provides input to
or receives commands from the on-board computer resulting in a
measurable impact on emissions. At a minimum, manufacturers may be
required to perform this disablement on critical inputs and outputs
where lack of the input and output disables an entire monitor as
described in this paragraph (k)(7)(vii), disables multiple monitors
(e.g., two or more) used by the on-board computer, or renders the
entire on-board computer and its functions inoperative.
    (viii) Clean alternative fuel conversion manufacturers must use
good engineering judgment to induce malfunctions and may perform more
stringent malfunction demonstrations than described in this paragraph
(k)(7). In addition, the Administrator reserves the right to request a
clean alternative fuel conversion manufacturer to perform stricter
demonstration requirements, to the extent feasible, on clean
alternative fuel conversions.
* * * * *
0
150. A new Sec.  86.1806-17 is added to subpart S to read as follows:

Sec.  86.1806-17  On-board diagnostics.

    Model year 2017 and later vehicles must have onboard diagnostic
(OBD) systems as described in this section. OBD systems must generally
detect malfunctions in the emission control system, store fault codes
corresponding to detected malfunctions, and alert operators
appropriately.
    (a) Vehicles must comply with the 2010 OBD requirements adopted for
California as described in this paragraph (a). California's 2010 OBD
requirements are part of Title 13, Sec.  1968.2 of the California Code
of Regulations, approved on June 17, 2010 (incorporated by reference in
Sec.  86.1). The following clarifications and exceptions apply for
vehicles certified under this subpart:
    (1) For vehicles not certified in California, references to
vehicles meeting certain California Air Resources Board emission
standards are understood to refer to the corresponding EPA emission
standards for a given family, where applicable. Use good engineering
judgment to correlate the specified standards with the bin standards
that apply under this subpart.
    (2) Vehicles must comply with OBD requirements throughout the
useful life as specified in Sec.  86.1805. If the specified useful life
is different for evaporative and exhaust emissions, the useful life
specified for evaporative emissions applies for monitoring related to
fuel-system leaks and the useful life specified for exhaust emissions
applies for all other parameters.
    (3) The purpose and applicability statements in 13 CCR 1968.2(a)
and (b) do not apply.
    (4) The anti-tampering provisions in 13 CCR 1968.2(d)(1.4) do not
apply.
    (5) The requirement to verify proper alignment between the camshaft
and crankshaft described in 13 CCR 1968.2(e)(15.2.1)(C) applies only
for vehicles equipped with variable valve timing.
    (6) The deficiency provisions described in paragraph (c) of this
section apply instead of 13 CCR 1968.2(k).
    (b) The following additional provisions apply:
    (1) OBD systems must record in computer memory the result of the
most recent successfully completed diagnostic check for a 0.020 inch
leak. The required data records include the miles driven since the last
check occurred and the pass/fail result. The system may be designed to
keep data only from the previous 750 miles of driving. The leak check
results must be scan readable, and must be retained in system memory
even if codes are cleared or the vehicle loses battery power.
    (2) For every family selected for making the full OBD demonstration
for certification, that demonstration must also include a test showing
that the OBD system is capable of detecting an implanted 0.020 inch
leak in the fuel system. Manufacturers may separately perform this test
with any number of additional families. For any untested families, the
statement specified in Sec.  86.1844-01(d)(8) applies with regard to
this leak monitoring requirement.
    (3) For vehicles with fuel tanks exceeding 25 gallons nominal fuel
tank capacity, you may request our approval for a leak threshold
greater than 0.020 inches, up to a maximum value of 0.040 inches. We
will generally approve a leak threshold equal to the standard that
applies under Sec.  86.1813.
    (c) You may ask us to accept as compliant a vehicle that does not
fully

meet specific requirements under this section. Such deficiencies are
intended to allow for minor deviations from OBD standards under limited
conditions. We expect vehicles to have functioning OBD systems that
meet the objectives stated in this section. The following provisions
apply regarding OBD system deficiencies:
    (1) Except as specified in paragraph (d) of this section, we will
not approve a deficiency that involves the complete lack of a major
diagnostic monitor, such as monitors related to exhaust aftertreatment
devices, oxygen sensors, air-fuel ratio sensors, NOx sensors, engine
misfire, evaporative leaks, and diesel EGR (if applicable).
    (2) We will approve a deficiency only if you show us that full
compliance is infeasible or unreasonable considering any relevant
factors, such as the technical feasibility of a given monitor, or the
lead time and production cycles of vehicle designs and programmed
computing upgrades.
    (3) Our approval for a given deficiency applies only for a single
model year, though you may continue to ask us to extend a deficiency
approval in renewable one-year increments. We may approve an extension
if you demonstrate an acceptable level of effort toward compliance and
show that the necessary hardware or software modifications would pose
an unreasonable burden.
    (d) For alternative-fuel vehicles, manufacturers may request a
waiver from specific requirements for which monitoring may not be
reliable for operation with the alternative fuel. However, we will not
waive requirements that we judge to be feasible for a particular
manufacturer or vehicle model.
    (e) For alternative-fuel conversions, manufacturers may meet the
requirements of Sec.  86.1806-05 instead of the requirements of this
section.

Sec.  86.1807-01  [Amended]

0
151. Section 86.1807-01 is amended by removing and reserving paragraph
(a)(3)(ix).
0
152. Section 86.1808-01 is amended as follows:
0
a. By revising paragraphs (f)(1), (f)(3) introductory text,
(f)(6)(ii)(D), (f)(7)(i) introductory text, (f)(7)(ii)(B), (f)(10)(ii),
(f)(13) introductory text, (f)(13)(iv), and (f)(16)(i).
0
b. By adding paragraph (g).

Sec.  86.1808-01  Maintenance instructions.

* * * * *
    (f) * * *
    (1) Applicability. Manufacturers are subject to the provisions of
this paragraph (f) beginning in the 1996 model year for manufacturers
of light-duty vehicles and light-duty trucks, and beginning in the 2005
model year for manufacturers of heavy-duty vehicles and heavy-duty
engines weighing 14,000 pounds gross vehicle weight (GVW) and less that
are subject to the OBD requirements of this part.
* * * * *
    (3) Information dissemination. By December 24, 2003, each
manufacturer shall provide or cause to be provided to the persons
specified in paragraph (f)(2)(i) of this section and to any other
interested parties a manufacturer-specific World Wide Web site
containing the information specified in paragraph (f)(2)(i) of this
section for 1996 and later model year vehicles which have been offered
for sale; this requirement does not apply to indirect information,
including the information specified in paragraphs (f)(12) through
(f)(16) of this section. Upon request and approval of the
Administrator, manufacturers who can demonstrate significant hardship
in complying with this provision within four months after the effective
date may request an additional six months lead time to meet this
requirement. Each manufacturer Web site shall:
* * * * *
    (6) * * *
    (ii) * * *
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
* * * * *
    (7) * * *
    (i) All information required to be made available by this section
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
* * * * *
    (ii) * * *
    (B) The Administrator will act on the request within 180 days
following receipt of a complete request or following receipt of any
additional information requested by the Administrator.
* * * * *
    (10) * * *
    (ii) Provide on the manufacturer's Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 1994 and newer vehicles. For model
years subsequent to 2003, the required information must be made
available for purchase within 3 months of model introduction and then
must be made available at the same time it is made available to
manufacturer-franchised dealerships, whichever is earlier. The index
shall describe the title of the course or instructional session, the
cost of the video tape or duplicate, and information on how to order
the item(s) from the manufacturer Web site. All of the items available
must be shipped within 24 hours of the order being placed and are to be
made available at a fair and reasonable price as described in paragraph
(f)(7) of this section. Manufacturers unable to meet the 24 hour
shipping requirement under circumstances where orders exceed supply and
additional time is needed by the distributor to reproduce the item
being ordered may exceed the 24 hour shipping requirement, but in no
instance can take longer than 14 days to ship the item.
* * * * *
    (13) Generic and enhanced information for scan tools. By September
25, 2003, manufacturers shall make available to equipment and tool
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph
(f)(2)(ii) of this section. This requirement applies for 1996 and later
model year vehicles.
* * * * *
    (iv) Manufacturers can satisfy the requirement of paragraph
(f)(13)(iii) of this section by making available diagnostic trouble
trees on their Web sites in full-text.
* * * * *
    (16) * * *
    (i) Manufacturers who have developed special tools to extinguish
the malfunction indicator light (MIL) for Model Years 1994 through 2003
shall make available the necessary information to equipment and tool
companies to design a comparable generic tool. This information shall
be made available to equipment and tool companies no later than
September 23, 2003.
* * * * *
    (g) Through model year 2013, the manufacturer shall furnish or
cause to be furnished to the purchaser the following statement for each
new diesel-fueled Tier 2 vehicle (certified using a test fuel with 15
ppm sulfur or less): ``This vehicle must be operated only with ultra
low sulfur diesel fuel (that is, diesel fuel meeting EPA specifications
for highway diesel fuel, including a 15 ppm sulfur cap).''

Sec.  86.1808-07  [Removed]

0
153. Remove Sec.  86.1808-07.

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

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

* * * * *
    (f) Altitude requirements. Unless otherwise specified, emission
standards apply at low-altitude conditions and at high-altitude
conditions. The following exceptions apply:
    (1) The supplemental exhaust emission standards as described in
Sec.  86.1811-04(f) apply only at low-altitude conditions;
    (2) The cold temperature NMHC emission standards as described in
Sec.  86.1811-10(g) apply only at low-altitude conditions;
    (3) The evaporative emission standards specified in Sec.  86.1811-
09(e) apply at low-altitude conditions. The evaporative emission
standards specified in Sec.  86.1811-04(e) continue to apply at high-
altitude conditions for 2009 and later model year vehicles.
* * * * *
0
155. A new Sec.  86.1810-17 is added to subpart S to read as follows:

Sec.  86.1810-17  General standards; increase in emissions; unsafe
condition; waivers.

    The following provisions apply to all vehicles certified under this
subpart:
    (a) Any device, system or element of design installed on or
incorporated in a new motor vehicle to enable such vehicle to conform
to the standards imposed by this subpart:
    (1) Shall not in its operation or function cause the emission into
the ambient air of any noxious or toxic substance that would not be
emitted in the operation of such vehicle without such system, except as
specifically permitted by regulation; and
    (2) Shall not in its operation, function or malfunction result in
any unsafe condition endangering the vehicle, its occupants, or persons
or property in close proximity to the vehicle.
    (b) In establishing the physically adjustable range of each
adjustable parameter on a new motor vehicle, the manufacturer shall
ensure that, taking into consideration the production tolerances, safe
vehicle drivability characteristics are available within that range.
    (c) Unless otherwise specified, the emission standards of this
subpart apply equally for certification and for in-use vehicles
throughout the specified useful-life period. Also, manufacturers must
use good engineering judgment to determine that all of a vehicle's
emission-related components are designed to operate properly throughout
the specified useful-life period.
    (d) Crankcase emissions prohibited. Vehicles may not discharge
crankcase emissions into the ambient atmosphere.
    (e) On-board diagnostics. All vehicles must have an on-board
diagnostic system as described in Sec.  86.1806.
    (f) Altitude requirements. Emission standards apply at low-altitude
conditions and at high-altitude conditions, except as noted in this
subpart.
    (g) The cold CO and cold NMHC standards in this subpart refer to
test procedures set forth in subpart C of this part and 40 CFR part
1066, subpart H. All other emission standards in this subpart rely on
test procedures set forth in subpart B of this part. These procedures
rely on the test specifications in 40 CFR parts 1065 and 1066 as
described in subparts B and C of this part.
    (h) Multi-fueled vehicles (including dual-fueled and flexible-
fueled vehicles) shall comply with all requirements established for
each consumed fuel (or blend of fuels in the case of flexible fueled
vehicles). In the case of flexible-fueled vehicles operating on ethanol
and gasoline, this involves additional exhaust emission measurements
using the fuel specified in 40 CFR 1065.725. No additional evaporative
emission testing is required.

Sec.  86.1811-01  [Removed]

0
156. Remove Sec.  86.1811-01.
0
157. Section 86.1811-04 is amended by removing and reserving paragraph
(h) and revising paragraphs (j) and (n) to read as follows:

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

* * * * *
    (j) Highway NOX exhaust emission standard. The
NOX emissions measured on the federal Highway Fuel Economy
Test in 40 CFR part 600, subpart B, must not be greater than 1.33 times
the applicable FTP NOX standard to which the manufacturer
certifies the test group. Both the measured emissions and the product
of the NOX standard and 1.33 must be rounded to the nearest
0.01 g/mi before being compared.
* * * * *
    (n) Requirements for vehicles with rechargeable energy storage
systems. Manufacturers must test electric vehicles according to the
procedures specified in SAE J1634 (incorporated by reference in Sec.
86.1). Manufacturers must measure emissions from hybrid electric
vehicles (including plug-in hybrid electric vehicles) according to the
procedures specified in SAE J1711 (incorporated by reference in Sec.
86.1), except that these procedures do not apply for plug-in hybrid
electric vehicles during charge-depleting operation,
* * * * *
0
158. A new Sec.  86.1811-17 is added to subpart S to read as follows:

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

    (a) Applicability and general provisions. This section describes
exhaust emission standards that apply for model year 2017 and later
light-duty vehicles, light-duty trucks, and medium-duty passenger
vehicles. MDPVs are subject to all the same provisions of this section
that apply to LDT4s. Some of the provisions of this section also apply
to heavy-duty vehicles as specified in Sec.  86.1816. See Sec.  86.1818
for greenhouse gas emission standards. See Sec.  86.1813 for
evaporative and refueling emission standards. This section may apply to
vehicles from model years earlier than 2017 as specified in paragraph
(b)(9) of this section.
    (b) Tier 3 exhaust emission standards. Exhaust emissions may not
exceed the Tier 3 exhaust emission standards, as follows:
    (1) Measure emissions using the chassis dynamometer procedures of
subpart B of this part, as follows:
    (i) Establish appropriate load settings based on loaded vehicle
weight (see Sec.  86.1803).
    (ii) Use appropriate driving schedules. Measurements involve
testing over multiple driving schedules. The Federal Test Procedure
(FTP) is based on testing with the Urban Dynamometer Driving Schedule
(UDDS). The Supplemental Federal Test Procedure (SFTP) involves testing
with the UDDS, the US06 driving schedule, and the SC03 driving
schedule. See 40 CFR 1066.801 for further information on these test
cycles. SFTP emissions in particular are calculated as a composite of
test results over these driving schedules based on the following
calculation:

SFTP (g/mi) = 0.35[sdot]FTP + 0.28[sdot]US06 + 0.37[sdot]SC03

    (iii) For vehicles that qualify for the derived 5-cycle method for
determining fuel economy label values and are therefore not required to
operate over the SC03 driving schedule under 40 CFR 600.115, you may
alternatively use FTP emission results to substitute for the SC03 value
in the calculation under paragraph (b)(1)(ii) of this section for a
given vehicle for any testing under this section.

    (iv) Use E15 test fuel as required in Sec.  86.113, except as
specified in this section.
    (v) Hydrocarbon emission standards are expressed as NMOG; however,
for certain vehicles you may measure exhaust emissions based on
nonmethane hydrocarbon instead of NMOG as described in 40 CFR 1066.665.
    (vi) Measure emissions from hybrid electric vehicles to demonstrate
compliance with the Tier 3 standards according to the procedures
specified in SAE J1711 (incorporated by reference in Sec.  86.1).
    (2) Table 1 of this section describes fully phased-in Tier 3
standards that apply as specified in this paragraph (b) for the
identified driving schedules. The FTP standards for NMOG+NOX
apply on a fleet-average basis using discrete bin standards as
described in paragraph (b)(4) of this section. The bin standards
include additional emission standards for high-altitude testing and for
CO emissions when testing over the FTP driving schedule. The SFTP
standards for NMOG+NOx apply on a fleet-average basis as described in
paragraph (b)(5) of this section. Table 1 follows:

                                     Table 1 of Sec.   86.1811-17--Fully Phased-In Tier 3 Exhaust Emission Standards
                                                                        [g/mile]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      NMOG+NOX                                                       PM                        CO          Formaldehyde
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              FTP \1\                                      SFTP             FTP            US06 \2\           SFTP             FTP
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.030..............................................................           0.050            0.003            0.010              4.2            0.004
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The fleet-average FTP emission standard for NMOG+NOx is 0.026 g/mile for LDV and LDT1 if a manufacturer certifies one or more test groups based on a
  useful life of 120,000 miles and 10 years in a given model year.
\2\ The US06 emission standard for PM is 0.020 g/mile for vehicles above 6,000 pounds GVWR.

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

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

     (ii) Manufacturers earn a compliance credit of 0.005 g/mile
NMOG+NOX for vehicles that are certified for a useful life
of 150,000 miles or 15 years and that are covered by an extended
warranty over the same period for all components whose failure triggers
MIL illumination. Manufacturers may apply the compliance credit as
follows:
    (A) You may subtract your official FTP emission result for
certification by the amount of the compliance credit if that allows you
to certify to a more stringent bin. In that case, you may use the more
stringent bin standard for calculating the fleet-average
NMOG+NOX emission level. For any compliance testing with
these vehicles, the applicable FTP bin standard for NMOG+NOX
is higher than the specified bin standard by the amount of the
compliance credit. For example, if the official FTP emission result for
NMOG+NOX is 0.052 g/mile, this qualifies for an FEL of 0.050
g/mile for calculating the fleet average and the vehicle is subject to
an FTP bin standard of 0.055 g/mile.
    (B) If the amount of the compliance credit does not allow you to
certify to a more stringent bin, calculate the fleet-average
NMOG+NOX emission level using an FEL for these vehicles that
is smaller than the bin standard by the amount of the compliance
credit. For any compliance testing with these vehicles, the specified
bin standard applies. For example, if the official FTP emission result
for NMOG+NOX is 0.038

g/mile, calculate the fleet-average NMOG+NOX emission level
by specifying an FEL of 0.045 g/mile; these vehicles are subject to the
specified FTP bin standard of 0.050 g/mile.
    (iii) If you qualify for a compliance credit for direct ozone
reduction under the LEV III program, you may apply the compliance
credit approved for California vehicles as described in paragraphs
(b)(4)(ii)(A) and (B) of this section.
    (iv) You may combine the adjustments in paragraphs (b)(4)(ii) and
(iii) of this section if you qualify for them separately.
    (5) The SFTP emission standard for NMOG+NOX is also
based on a fleet average in a given model year. You must specify FELs
as described in paragraph (b)(4) of this section and calculate a fleet-
average emission level to show that you meet the SFTP emission standard
for NMOG+NOX, except that you may specify FELs in any even
increment of 0.010 g/mile up to a maximum value of 0.180 g/mile. You
may generate or use emission credits for averaging, banking, and
trading as described in Sec.  86.1860 for demonstrating compliance with
the SFTP emission standard for NMOG+NOX. You comply with the
emission standard for a given model year if you have enough credits to
show that your fleet-average emission level is at or below the
applicable standard. You may exchange SFTP credits between or among any
test groups subject to standards under this section. You may not
exchange FTP and SFTP credits. The SFTP standards described in this
section apply only for testing at low-altitude conditions.
    (6) The full Tier 3 program includes new emission standards for
NMOG+NOX, PM, CO, and formaldehyde; it also includes
measurement with a new test fuel and a longer useful life (for some
vehicles). Vehicles meeting all these requirements are considered Final
Tier 3 vehicles. Vehicles that do not meet all the Tier 3 requirements
are considered Interim Tier 3 vehicles. The Tier 3 PM standards phase
in over several years. The following provisions describe the primary
approach for phasing in the Tier 3 PM standards:
    (i) You must meet the FTP and the US06 PM standards with 20, 20,
40, 70, and 100 percent of your projected nationwide sales of all
vehicles subject to this section in model years 2017 through 2021,
respectively. Each vehicle meeting the Tier 3 FTP standard for PM must
also meet the Tier 3 US06 standard for PM. In model year 2017, the
phase-in requirement applies only for vehicles at or below 6,000 pounds
GVWR; however, if you certify these vehicles to the Tier 3 PM standards
in the model year 2017, you may count those projected U.S. sales toward
your calculation for meeting the phase-in percentage for that year
(numerator only).
    (ii) You may disregard the phase-in percentages specified in
paragraph (b)(6)(i) of this section if you instead comply with an
indexed PM phase-in schedule as described in this paragraph (b)(6)(ii).
To do this, you must notify us of your intent before January 1, 2017,
and include a detailed plan for complying with the indexed phase-in
schedule. You comply with the indexed phase-in schedule by calculating
a PM phase-in index at or above 540 using the following equation for
model years 2017 through 2021:

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

Where:

APP = The actual phase-in percentage of vehicles meeting the Tier 3
p.m. standards for the indicated model year, based on actual sales,
as described in paragraph (b)(6)(i) of this section.

    (iii) You may alternatively ask us to approve calculation of the
annual percentage for a given model year based on production volumes
instead of sales volumes.
    (iv) Vehicles meeting the Tier 3 PM standards must meet those
standards over the useful life as specified in Sec.  86.1805-17. Note
that Interim Tier 3 vehicles may have different useful life values for
PM emission standards than for other emission standards.
    (v) Any vehicles not included for demonstrating compliance with the
Tier 3 p.m. phase-in requirement must instead comply with an FTP
emission standard for PM of 0.010 g/mile, and a composite SFTP emission
standard for PM of 0.070 g/mile.
    (vi) Measure PM emissions from all vehicles using the same test
fuel used for measuring NMOG+NOX emissions.
    (vii) You may certify Interim Tier 3 vehicles based on carryover
data.
    (viii) You may use the alternative phase-in provisions described in
paragraph (b)(8) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (7) The following provisions describe the primary approach for
phasing in the Tier 3 standards other than PM in 2025 and earlier model
years:
    (i) FTP phase-in. The fleet-average FTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(7)(i). You must identify FELs as described in paragraph
(b)(4) of this section and calculate a fleet-average emission level to
show that you meet the FTP emission standard for NMOG+NOX
that applies for each model year. For model year 2017, do not include
vehicles above 6,000 pounds GVWR (in the numerator or denominator).
Through model year 2019, you may also certify to transitional Bin 85 or
Bin 110 standards, which consist of all-altitude FTP emission standards
for NMOG+NOX of 0.085 or 0.110 g/mile, respectively;
additional FTP standards for PM, CO, and formaldehyde apply as
specified in this section for vehicles certified to Bin 125 standards.
Fleet-average FTP emission standards decrease through the phase-in
period as shown in the following table:

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

     (ii) SFTP phase-in. The fleet-average SFTP emission standard for
NMOG+NOX phases in over several years as described in this
paragraph (b)(7)(ii). You must identify FELs as described in paragraph
(b)(5) of this section and calculate a fleet-average emission level to
show that you meet the SFTP emission standard for NMOG+NOX
that applies for each model year.
    (A) Calculate the fleet-average emission level together for all
your light-duty vehicles and light-duty trucks, except for those
certified using the provisions of paragraph (b)(7)(ii)(C) of this
section. For model year 2017, do not include vehicles above 6,000
pounds GVWR (in the numerator or denominator).

    (B) Fleet-average FTP emission standards decrease through the
phase-in period as shown in the following table:

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

     (C) You may use the Option 1 provisions specified in the LEV III
program to demonstrate compliance with EPA's SFTP standards instead of
the phased-in fleet-average SFTP standards specified in this paragraph
(b)(7)(ii).
    (iii) Interim provisions. (A) For LDT2 and HLDT certified to Bin
125 or Bin 160 standards under this section through model year 2019,
the Tier 2 useful life period applies as specified in Sec.  86.1805-12.
    (B) You may alternatively use the E0 test fuel specified in Sec.
86.113 through model year 2019 for vehicles certified to bins higher
than Bin 70. You may not certify these vehicles in model year 2020
using carryover data.
    (iv) You may use the alternative phase-in provisions described in
paragraph (b)(8) of this section to transition to the Tier 3 exhaust
emission standards on a different schedule.
    (8) This paragraph (b)(8) describes an alternative approach to
phasing in the Tier 3 emission standards. If you choose this approach,
you must phase in the Tier 3 standards for all your vehicles subject to
this section according to this schedule. Under this alternative phase-
in, you must meet all the FTP and SFTP emission standards as specified
in paragraphs (b)(1) through (6) of this section with 40, 70, and 100
percent of your projected nationwide sales of all vehicles subject to
this section in model years 2019 through 2021, respectively. Any
vehicles not subject to Tier 3 standards during the phase-in period
must continue to comply with the Tier 2 standards in Sec.  86.1811-
04(c) and (f), including the Tier 2 SFTP emission standards for
NMHC+NOX and CO for 4,000-mile testing as specified in Sec.
86.1811-04(f)(1). Vehicles subject to Tier 2 standards under this
paragraph (b)(8) are subject to the useful life provisions in Sec.
86.1805-12. Each vehicle counting toward the phase-in percentage under
this paragraph (b)(8) must meet all the standards that apply based on
the useful life provisions of Sec.  86.1805-17, and must use the Tier 3
test fuel specified in Sec.  86.113-07. Vehicles certified under this
paragraph (b)(8) may not generate or use emission credits.
    (9) You may not use credits generated from Tier 2 vehicles for
demonstrating compliance with the Tier 3 standards except as specified
in this paragraph (b)(9). You may generate early credits with U.S.
sales of Tier 2 vehicles in the two model years before the Tier 3
standards start to apply for a given vehicle model. Separate from any
Tier 2 demonstrations, calculate early Tier 3 emission credits as
described in Sec.  86.1861 by determining a fleet-average value for FTP
emissions of NMOG+NOX based on the applicable bin standards
and subtracting this value from 0.160 g/mile. Calculate your fleet-
average value for the model year based on vehicles at or below 6,000
pounds GVWR in 2015, on all sizes of vehicles in 2016, and on vehicles
above 6,000 pounds GVWR in 2017. Vehicles certified to the Tier 2
standards must meet all the Tier 2 requirements in Sec.  86.1811-10.
You must also continue to meet the fleet-average Tier 2 standards as
long as they apply. You may use these early credits as described in
Sec.  86.1861 for demonstrating compliance with the FTP emission
standard for NMOG+NOX; however, starting in model year 2018,
use of early credits is subject to a limitation based on credits
generated in California, as follows:
    (i) For the applicable model years in which you generate emission
credits relative to California's LEV III fleet-average
NMOG+NOX standard, determine the actual California sales of
light-duty vehicles and light-duty trucks and the actual nationwide
sales of those same vehicles. In 2015, count sales only from vehicle
models at or below 6,000 pounds GVWR. For each model year, multiply the
credits generated under the California program by the ratio of
nationwide sales to California sales to calculate an effective
nationwide quantity. Sum these results for model years 2015 through
2017.
    (ii) You may not use more early credits generated under this
paragraph (b)(9) to meet Tier 3 emission standards than the calculated
value of the effective nationwide credit quantity summed in paragraph
(b)(9)(i) of this section. If your generated credits are greater than
this threshold, determine the percentage of your generated early
credits that exceed the threshold. Calculate an adjusted quantity of
early credits generated under this paragraph (b)(9) by decreasing the
generated quantity from each model year by the calculated percentage
that exceed the applicable threshold. This adjusted quantity of credits
may be used for demonstrating compliance with the Tier 3 standards,
subject to the five-year credit life described in Sec.  86.1861.
    (10) The following alternate standards apply for in-use testing
with 2021 and earlier model year vehicles:
    (i) The alternate in-use PM emission standard for FTP testing is
0.006 g/mile.
    (ii) The alternate in-use PM emission standards for SFTP testing
are 0.015 g/mile for vehicles at or below 6,000 pounds GVWR and 0.025
g/mile for vehicles above 6,000 pounds GVWR.
    (iii) Alternate in-use NMOG+NOX emission standards for
FTP testing apply for vehicles certified to Bin 70 and lower. Calculate
these alternate standards by multiplying the applicable FEL by 1.4.
These alternate standards apply only for testing at low-altitude
conditions.
    (11) Keep records as needed to show that you meet the requirements
specified in this paragraph (b) for phasing in standards and for
complying with declining fleet-average average standards.
    (c) Highway NMOG+NOX exhaust emission standard.
NMOG+NOX emissions measured on the federal Highway Fuel
Economy Test in 40 CFR part 600, subpart B, may not exceed the
applicable NMOG+NOX bin standard for FTP testing.
Demonstrate compliance with this standard for low-mileage vehicles by
applying the appropriate deterioration factor.
    (d) Special provisions for Otto-cycle engines. The following
special provisions apply for vehicles with Otto-cycle engines:
    (1) Enrichment limits. The nominal air-fuel ratio throughout the
US06 cycle may not be richer than the leanest air-fuel mixture required
for lean best torque, except as allowed under paragraph (d)(2) of this
section. Unless we approve otherwise in advance, lean best torque is
the leanest air-fuel ratio required at any speed and load point with a
fixed spark advance to make peak torque. The allowable tolerance around
the nominal value for any given speed and load point over the US06
cycle for a particular vehicle is 4 percent, which is calculated as the
nominal mass-based air-fuel ratio for lean best torque divided by 1.04.
    (2) Engine protection. AECDs that use commanded enrichment to
protect the engine or emission control hardware

must not use enrichment more frequently or to a greater degree than is
needed for this purpose. For purposes of this section, commanded
enrichment includes intended engine operation at air-fuel ratios rich
of stoichiometry, except the following:
    (i) Cycling back and forth in a narrow window between rich and lean
operation as a result of feedback controls targeted to maintain overall
engine operation at stoichiometry.
    (ii) Small changes in the target air-fuel ratio to optimize vehicle
emissions or drivability. This may be called ``closed-loop biasing.''
    (iii) Temporary enrichment in response to rapid throttle motion.
    (iv) Enrichment during cold-start and warm-up conditions.
    (v) Temporary enrichment for running OBD checks to comply with
Sec.  86.1806.
    (3) A/C-on specific calibrations. (i) A/C-on specific calibrations
(e.g., air-fuel ratio, spark timing, and exhaust gas recirculation)
that differ from A/C-off calibrations may be used for a given set of
engine operating conditions (e.g., engine speed, manifold pressure,
coolant temperature, air charge temperature, and any other parameters).
Such calibrations must not unnecessarily reduce emission control
effectiveness during A/C-on operation when the vehicle is operated
under conditions that may reasonably be expected during normal
operation and use. If emission control effectiveness decreases as a
result of such calibrations, the manufacturer must describe in the
Application for Certification the circumstances under which this occurs
and the reason for using these calibrations.
    (ii) For AECDs involving commanded enrichment, these AECDs must not
operate differently for A/C-on operation than for A/C-off operation,
except as provided under paragraph (d)(2) of this section. This
includes both the sensor inputs for triggering enrichment and the
degree of enrichment employed.
    (4) ``Lean-on-cruise'' calibration strategies. Manufacturers may
use ``lean-on-cruise'' strategies subject to the following
specifications:
    (i) A ``lean-on-cruise'' strategy is defined as the use of an air-
fuel ratio significantly leaner than stoichiometry during non-
deceleration conditions at speeds above 40 mph.
    (ii) You must not employ ``lean-on-cruise'' strategies during
vehicle operation in normal driving conditions, including A/C usage,
unless at least one of the following conditions is met:
    (A) Such strategies are substantially employed during the FTP,
US06, or SC03 duty cycle.
    (B) Such strategies are demonstrated not to significantly reduce
vehicle emission control effectiveness over the operating conditions in
which they are employed.
    (C) Such strategies are demonstrated to be necessary to protect the
vehicle occupants, engine, or emission control hardware.
    (iii) If you propose to use a ``lean-on-cruise'' strategy, you
mustdescribe in the application for certification the circumstances
under which such a calibration would be used and the reasons for using
it.
    (e) through (f) [Reserved]
    (g) Cold temperature exhaust emission standards. The following
standards apply for vehicles tested over the test procedures specified