189. Section 1048.620 is amended by revising paragraphs ( a)( 2), ( a)( 3), ( c), ( d), and ( e) to read as follows: 80 § 1048.620 What are the provisions for exempting large engines fueled by natural gas? ( a) * * * ( 2) The engine must have maximum engine power at or above 250 kW. ( 3) The engine must be in an engine family that has a valid certificate of conformity showing that it meets emission standards for engines of that power rating under 40 CFR part 89 or 1039. * * * * * ( c) If your engines do not meet the criteria listed in paragraph ( a) of this section, they will be subject to the provisions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101. ( d) Engines exempted under this section are subject to all the requirements affecting engines under 40 CFR part 89 or 1039. The requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as if these were nonroad diesel engines. ( e) You may request an exemption under this section by submitting an application for certification for the engines under 40 CFR part 89 or 1039.

190. Section 1048.625 is revised to read as follows: § 1048.625 What special provisions apply to engines using noncommercial fuels? In § 1048.115( e), we generally require that engines meet emission standards for any adjustment within the full range of any adjustable parameters. For engines that use noncommercial fuels significantly different than the specified test fuel of the same type, you may ask to use the parameter adjustment provisions of this section instead of those in § 1048.115( e). Engines certified under this section must be in a separate engine family. ( a) If we approve your request, the following provisions apply: ( 1) You must certify the engine using the test fuel specified in § 1048.501. ( 2) You may produce the engine without limits or stops that keep the engine adjusted within the certified range. ( 3) You must specify in use adjustments different than the adjustable settings appropriate for the specified test fuel, consistent with the provisions of paragraph ( b)( 1) of this section. ( b) To produce engines under this section, you must do the following: ( 1) Specify in use adjustments needed so the engine's level of emission control for each regulated pollutant is equivalent to that from the certified configuration. ( 2) Add the following information to the emission control information label specified in § 1048.135: ( i) Include instructions describing how to adjust the engine to operate in a way that maintains the effectiveness of the emission control system. ( ii) State: " THIS ENGINE IS CERTIFIED TO OPERATE IN APPLICATIONS USING NONCOMMERCIAL FUEL. MALADJUSTMENT OF THE ENGINE IS A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.". ( 3) Keep records to document the destinations and quantities of engines produced under this section.

191. A new § 1048.630 is added to read as follows: § 1048.630 What are the provisions for exempting engines used solely for competition? The provisions of this section apply for new engines built on or after January 1, 2006. ( a) Equipment manufacturers may use uncertified engines if the vehicles or equipment in which they are installed will be used solely for competition. ( b) The definition of nonroad engine in 40 CFR 1068.30 excludes engines used solely for competition. These engines are not required to comply with this part 1048 or 40 CFR part 89, but 40 CFR 1068.101 prohibits the use of competition engines for noncompetition purposes. ( c) We consider a vehicle or piece of equipment to be one that will be used solely for competition if it has features that are not easily removed that would make its use other than in competition unsafe, impractical, or highly unlikely. 81 ( d) As an engine manufacturer, your engine is exempt without our prior approval if you have a written request for an exempted engine from the equipment manufacturer showing the basis for believing that the equipment will be used solely for competition. You must permanently label engines exempted under this section to clearly indicate that they are to be used solely for competition. Failure to properly label an engine will void the exemption. ( e) We may discontinue an exemption under this section if we find that engines are not used solely for competition.

192. A new § 1048.635 is added to read as follows: § 1048.635 What special provisions apply to branded engines? The following provisions apply if you identify the name and trademark of another company instead of your own on your emission control information label, as provided by § 1048.135( c)( 2): ( a) You must have a contractual agreement with the other company that obligates that company to take the following steps: ( 1) Meet the emission warranty requirements that apply under § 1048.120. This may involve a separate agreement involving reimbursement of warranty related expenses. ( 2) Report all warranty related information to the certificate holder. ( b) In your application for certification, identify the company whose trademark you will use and describe the arrangements you have made to meet your requirements under this section. ( c) You remain responsible for meeting all the requirements of this chapter, including warranty and defect reporting provisions.

193. Section 1048.801 is revised to read as follows: § 1048.801 What definitions apply to this part? The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: Act means the Clean Air Act, as amended, 42 U. S. C. 7401 7671q. Adjustable parameter means any device, system, or element of design that someone can adjust ( including those which are difficult to access) and that, if adjusted, may affect emissions or engine performance during emission testing or normal in use operation. This includes, but is not limited to, parameters related to injection timing and fueling rate. You may ask us to exclude a parameter that is difficult to access if it cannot be adjusted to affect emissions without significantly degrading engine performance, or if you otherwise show us that it will not be adjusted in a way that affects emissions during in use operation. Aftertreatment means relating to a catalytic converter, particulate filter, or any other system, component, or technology mounted downstream of the exhaust valve ( or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is exhausted to the environment. Exhaust gas recirculation ( EGR) and turbochargers are not aftertreatment. Aircraft means any vehicle capable of sustained air travel above treetop heights. All terrain vehicle has the meaning we give in 40 CFR 1051.801. Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water. Auxiliary emission control device means any element of design that senses temperature, motive speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. Blue Sky Series engine means an engine meeting the requirements of § 1048.140. Brake power means the usable power output of the engine, not including power required to fuel, lubricate, or heat the engine, circulate coolant to the engine, or to operate aftertreatment devices. Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range. Certification means obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part. 82 Certified emission level means the highest deteriorated emission level in an engine family for a given pollutant from either transient or steady state testing. Compression ignition means relating to a type of reciprocating, internal combustion engine that is not a sparkignition engine. Constant speed engine means an engine whose certification is limited to constant speed operation. Engines whose constant speed governor function is removed or disabled are no longer constant speed engines. Constant speed operation means engine operation with a governor that controls the operator input to maintain an engine at a reference speed, even under changing load. For example, an isochronous governor changes reference speed temporarily during a load change, then returns the engine to its original reference speed after the engine stabilizes. Isochronous governors typically allow speed changes up to 1.0 %. Another example is a speed droop governor, which has a fixed reference speed at zero load and allows the reference speed to decrease as load increases. With speed droop governors, speed typically decreases ( 3 to 10) % below the reference speed at zero load, such that the minimum reference speed occurs near the engine's point of maximum power. Crankcase emissions means airborne substances emitted to the atmosphere from any part of the engine crankcase's ventilation or lubrication systems. The crankcase is the housing for the crankshaft and other related internal parts. Critical emission related component means any of the following components: ( 1) Electronic control units, aftertreatment devices, fuel metering components, EGR system components, crankcase ventilation valves, all components related to charge air compression and cooling, and all sensors and actuators associated with any of these components. ( 2) Any other component whose primary purpose is to reduce emissions. Designated Compliance Officer means the Manager, Engine Programs Group ( 6405 J), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Designated Enforcement Officer means the Director, Air Enforcement Division ( 2242A), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Deteriorated emission level means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission data engine. Deterioration factor means the relationship between emissions at the end of useful life and emissions at the low hour test point, expressed in one of the following ways: ( 1) For multiplicative deterioration factors, the ratio of emissions at the end of useful life to emissions at the lowhour test point. ( 2) For additive deterioration factors, the difference between emissions at the end of useful life and emissions at the low hour test point. Discrete mode means relating to the discrete mode type of steady state test described in § 1048.505. Emission control system means any device, system, or element of design that controls or reduces the regulated emissions from an engine. Emission data engine means an engine that is tested for certification. This includes engines tested to establish deterioration factors. Emission related maintenance means maintenance that substantially affects emissions or is likely to substantially affect emission deterioration. Engine configuration means a unique combination of engine hardware and calibration within an engine family. Engines within a single engine configuration differ only with respect to normal production variability. Engine family has the meaning given in § 1048.230. Engine manufacturer means the manufacturer of the engine. See the definition of " manufacturer" in this section. Equipment manufacturer means a manufacturer of nonroad equipment. All nonroad equipment manufacturing entities under the control of the same person are considered to be a single nonroad equipment manufacturer. Exempted has the meaning we give in 40 CFR 1068.30. Excluded means relating to an engine that either: ( 1) Has been determined not to be a nonroad engine, as specified in 40 CFR 1068.30; or ( 2) Is a nonroad engine that, according to § 1048.5, is not subject to this part 1048. 83 Exhaust gas recirculation means a technology that reduces emissions by routing exhaust gases that had been exhausted from the combustion chamber( s) back into the engine to be mixed with incoming air before or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber( s) that is mixed with incoming air before or during combustion is not considered exhaust gas recirculation for the purposes of this part. Fuel system means all components involved in transporting, metering, and mixing the fuel from the fuel tank to the combustion chamber( s), including the fuel tank, fuel tank cap, fuel pump, fuel filters, fuel lines, carburetor or fuel injection components, and all fuel system vents. Fuel type means a general category of fuels such as gasoline or natural gas. There can be multiple grades within a single fuel type, such as winter grade and summer grade gasoline. Good engineering judgment has the meaning we give in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment. High cost warranted part means a component covered by the emission related warranty with a replacement cost ( at the time of certification) exceeding $ 400 ( in 1998 dollars). Adjust this value using the most recent annual average consumer price index information published by the U. S. Bureau of Labor Statistics. For this definition, replacement cost includes the retail cost of the part plus labor and standard diagnosis. High load engine means an engine for which the engine manufacturer can provide clear evidence that operation below 75 percent of maximum load in it's final application will be rare. Hydrocarbon ( HC) means the hydrocarbon group on which the emission standards are based for each fuel type, as described in § 1048.101( e). Identification number means a unique specification ( for example, a model number/ serial number combination) that allows someone to distinguish a particular engine from other similar engines. Intermediate test speed has the meaning we give in 40 CFR 1065.515. Low hour means relating to an engine with stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 300 hours of operation. Manufacturer has the meaning given in section 216( 1) of the Act. In general, this term includes any person who manufactures an engine, vehicle, or piece of equipment for sale in the United States or otherwise introduces a new nonroad engine into commerce in the United States. This includes importers who import engines, equipment, or vehicles for resale. Marine engine means a nonroad engine that is installed or intended to be installed on a marine vessel. This includes a portable auxiliary engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. There are two kinds of marine engines: ( 1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. ( 2) Auxiliary marine engine means a marine engine not used for propulsion. Marine vessel has the meaning given in 1 U. S. C. 3, except that it does not include amphibious vehicles. The definition in 1 U. S. C. 3 very broadly includes every craft capable of being used as a means of transportation on water. Maximum engine power has one of the following meanings: ( 1) For engines at or below 30 kW, maximum engine power has the meaning given in 40 CFR 90.2. ( 2) For engines above 30 kW, maximum engine power has the meaning given in 40 CFR 1039.140. Maximum test speed has the meaning we give in 40 CFR 1065.515. Maximum test torque has the meaning we give in 40 CFR 1065.1001. Model year means one of the following things: ( 1) For freshly manufactured equipment and engines ( see definition of " new nonroad engine," paragraph ( 1)), model year means one of the following: ( i) Calendar year. ( ii) Your annual new model production period if it is different than the calendar year. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by December 31 of the named calendar year. 84 ( 2) For an engine that is converted to a nonroad engine after being placed into service as a motor vehicle engine or a stationary engine, model year means the calendar year in which the engine was originally produced ( see definition of " new nonroad engine," paragraph ( 2)). ( 3) For a nonroad engine excluded under § 1048.5 that is later converted to operate in an application that is not excluded, model year means the calendar year in which the engine was originally produced ( see definition of " new nonroad engine," paragraph ( 3)). ( 4) For engines that are not freshly manufactured but are installed in new nonroad equipment, model year means the calendar year in which the engine is installed in the new nonroad equipment ( see definition of " new nonroad engine," paragraph ( 4)). ( 5) For imported engines: ( i) For imported engines described in paragraph ( 5)( i) of the definition of " new nonroad engine," model year has the meaning given in paragraphs ( 1) through ( 4) of this definition. ( ii) [ Reserved] Motor vehicle has the meaning we give in 40 CFR 85.1703( a). In general, motor vehicle means any vehicle that EPA deems to be capable of safe and practical use on streets or highways that has a maximum ground speed above 40 kilometers per hour ( 25 miles per hour) over level, paved surfaces. New nonroad engine means any of the following things: ( 1) A freshly manufactured nonroad engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as " brand new." In the case of this paragraph ( 1), the engine becomes new when it is fully assembled for the first time. The engine is no longer new when the ultimate purchaser receives the title or the product is placed into service, whichever comes first. ( 2) An engine originally manufactured as a motor vehicle engine or a stationary engine that is later intended to be used in a piece of nonroad equipment. In this case, the engine is no longer a motor vehicle or stationary engine and becomes a " new nonroad engine". The engine is no longer new when it is placed into nonroad service. ( 3) A nonroad engine that has been previously placed into service in an application we exclude under § 1048.5, where that engine is installed in a piece of equipment that is covered by this part 1048. The engine is no longer new when it is placed into nonroad service covered by this part 1048. For example, this would apply to a marine propulsion engine that is no longer used in a marine vessel. ( 4) An engine not covered by paragraphs ( 1) through ( 3) of this definition that is intended to be installed in new nonroad equipment. The engine is no longer new when the ultimate purchaser receives a title for the equipment or the product is placed into service, whichever comes first. This generally includes installation of used engines in new equipment. ( 5) An imported nonroad engine, subject to the following provisions: ( i) An imported nonroad engine covered by a certificate of conformity issued under this part that meets the criteria of one or more of paragraphs ( 1) through ( 4) of this definition, where the original engine manufacturer holds the certificate, is new as defined by those applicable paragraphs. ( ii) An imported nonroad engine covered by a certificate of conformity issued under this part, where someone other than the original engine manufacturer holds the certificate ( such as when the engine is modified after its initial assembly), becomes new when it is imported. It is no longer new when the ultimate purchaser receives a title for the engine or it is placed into service, whichever comes first. ( iii) An imported nonroad engine that is not covered by a certificate of conformity issued under this part at the time of importation is new, but only if it was produced on or after January 1, 2004. This addresses uncertified engines and equipment initially placed into service that someone seeks to import into the United States. Importation of this kind of new nonroad engine ( or equipment containing such an engine) is generally prohibited by 40 CFR part 1068. New nonroad equipment means either of the following things: ( 1) A nonroad piece of equipment for which the ultimate purchaser has never received the equitable or legal title. The product is no longer new when the ultimate purchaser receives this title or the product is placed into service, whichever comes first. ( 2) An imported nonroad piece of equipment with an engine not covered by a certificate of conformity issued under this part at the time of importation and manufactured after January 1, 2004. 85 Noncommercial fuel means a combustible product that is not marketed as a commercial fuel, but is used as a fuel for nonroad engines. For example, this includes methane that is produced and released from landfills or oil wells, or similar unprocessed fuels that are not intended to meet any otherwise applicable fuel specifications. See § 1048.615 for provisions related to engines designed to burn noncommercial fuels. Noncompliant engine means an engine that was originally covered by a certificate of conformity, but is not in the certified configuration or otherwise does not comply with the conditions of the certificate. Nonconforming engine means an engine not covered by a certificate of conformity that would otherwise be subject to emission standards. Nonmethane hydrocarbon means the difference between the emitted mass of total hydrocarbons and the emitted mass of methane. Nonroad means relating to nonroad engines or equipment that includes nonroad engines. Nonroad engine has the meaning we give in 40 CFR 1068.30. In general this means all internal combustion engines except motor vehicle engines, stationary engines, engines used solely for competition, or engines used in aircraft. This part does not apply to all nonroad engines ( see § 1048.5). Nonroad equipment means a piece of equipment that is powered by one or more nonroad engines. Off highway motorcycle has the meaning we give in 40 CFR 1051.801. ( Note: highway motorcycles are regulated under 40 CFR part 86.) Official emission result means the measured emission rate for an emission data engine on a given duty cycle before the application of any deterioration factor, but after the applicability of regeneration adjustment factors. Oxides of nitrogen has the meaning we give in 40 CFR part 1065. Piece of equipment means any vehicle, vessel, or other type of equipment using engines to which this part applies. Placed into service means put into initial use for its intended purpose. Point of first retail sale means the location at which the initial retail sale occurs. This generally means an equipment dealership, but may also include an engine seller or distributor in cases where loose engines are sold to the general public for uses such as replacement engines. Ramped modal means relating to the ramped modal type of steady state test described in § 1048.505. Rated speed means the maximum full load governed speed for governed engines and the speed of maximum power for ungoverned engines. Revoke has the meaning we give in 40 CFR 1068.30. Round means to round numbers according to NIST Special Publication 811( incorporated by reference in § 1048.810), unless otherwise specified. Scheduled maintenance means adjusting, repairing, removing, disassembling, cleaning, or replacing components or systems periodically to keep a part or system from failing, malfunctioning, or wearing prematurely. It also may mean actions you expect are necessary to correct an overt indication of failure or malfunction for which periodic maintenance is not appropriate. Severe duty application includes concrete saws, concrete pumps, and any other application where an engine manufacturer can provide clear evidence that the majority of installations need air cooled engines as a result of operation in a severe duty environment. Severe duty engine means an engine from an engine family in which the majority of engines are installed in severe duty applications. Small volume engine manufacturer means a company with fewer than 200 employees. This includes any employees working for parent or subsidiary companies. Snowmobile has the meaning we give in 40 CFR 1051.801. Spark ignition means relating to a gasoline fueled engine or any other type of engine with a spark plug ( or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Steady state means relating to emission tests in which engine speed and load are held at a finite set of essentially constant values. Steady state tests are either discrete mode tests or ramped modal tests. 86 Stoichiometry means the proportion of a mixture of air and fuel such that the fuel is fully oxidized with no remaining oxygen. For example, stoichiometric combustion in gasoline engines typically occurs at an air fuel mass ratio of about 14.7. Suspend has the meaning we give in 40 CFR 1068.30. Test engine means an engine in a test sample. Test sample means the collection of engines selected from the population of an engine family for emission testing. This may include testing for certification, production line testing, or in use testing. Tier 1 means relating to the emission standards and other requirements that apply beginning with the 2004 model year. Tier 2 means relating to the emission standards and other requirements that apply beginning with the 2007 model year. Total hydrocarbon means the combined mass of organic compounds measured by the specified procedure for measuring total hydrocarbon, expressed as a hydrocarbon with a hydrogen to carbon mass ratio of 1.85: 1. Total hydrocarbon equivalent means the sum of the carbon mass contributions of non oxygenated hydrocarbons, alcohols and aldehydes, or other organic compounds that are measured separately as contained in a gas sample, expressed as exhaust hydrocarbon from petroleum fueled engines. The hydrogen to carbon ratio of the equivalent hydrocarbon is 1.85: 1. Ultimate purchaser means, with respect to any new nonroad equipment or new nonroad engine, the first person who in good faith purchases such new nonroad equipment or new nonroad engine for purposes other than resale. United States has the meaning we give in 40 CFR 1068.30. Upcoming model year means for an engine family the model year after the one currently in production. U. S. directed production volume means the number of engine units, subject to the requirements of this part, produced by a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States. Useful life means the period during which the engine is designed to properly function in terms of reliability and fuel consumption, without being remanufactured, specified as a number of hours of operation or calendar years, whichever comes first. It is the period during which a new nonroad engine is required to comply with all applicable emission standards. See § 1048.101( g). Variable speed engine means an engine that is not a constant speed engine. Variable speed operation means engine operation that does not meet the definition of constant speed operation. Void has the meaning we give in 40 CFR 1068.30. 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. Wide open throttle means maximum throttle opening. Unless this is specified at a given speed, it refers to maximum throttle opening at maximum speed. For electronically controlled or other engines with multiple possible fueling rates, wide open throttle also means the maximum fueling rate at maximum throttle opening under test conditions. We ( us, our) means the Administrator of the Environmental Protection Agency and any authorized representatives.

194. Section 1048.805 is amended by adding " NIST" to the table in alphabetical order to read as follows: § 1048.805 What symbols, acronyms, and abbreviations does this part use? * * * * * * * * * * * * NIST National Institute of Standards and Technology. * * * * * * *

195. Section 1048.810 is amended by revising the introductory text and paragraphs ( a) and( b) to read as follows: § 1048.810 What materials does this part reference? 87 Documents listed in this section have been incorporated by reference into this part. The Director of the Federal Register approved the incorporation by reference as prescribed in 5 U. S. C. 552( a) and 1 CFR part 51. Anyone may inspect copies at the U. S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460 or at the National Archives and Records Administration ( NARA). For information on the availability of this material at NARA, call 202 741 6030, or go to: http:// www. archives. gov/ fed ( a) NIST material. Table 1 of this section lists material from the National Institute of Standards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Government Printing Office, Washington, DC 20402 or download them from the Internet at http:// physics. nist. gov/ Pubs/ SP811/. Table 1 follows:

Table 1 of § 1048.810   NIST Materials Document number and name Part 1048 reference NIST Special Publication 811, Guide for the Use of the International System of Units ( SI), 1995 Edition. 1048.801 ( b) SAE material. Table 2 of this section lists material from the Society of Automotive Engineering that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096. Table 2 follows:

Table 2 of § 1048.810   SAE Materials Document number and name Part 1048 reference SAE J1930, Electrical/ Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms, revised May 1998. 1048.135 SAE J2260, Nonmetallic Fuel System Tubing with One or More Layers, November 1996. 1048.105 * * * * *

196. Section 1048.815 is revised to read as follows: § 1048.815 What provisions apply to confidential information? ( a) Clearly show what you consider confidential by marking, circling, bracketing, stamping, or some other method.

( b) We will store your confidential information as described in 40 CFR part 2. Also, we will disclose it only as specified in 40 CFR part 2. This applies both to any information you send us and to any information we collect from inspections, audits, or other site visits. ( c) If you send us a second copy without the confidential information, we will assume it contains nothing confidential whenever we need to release information from it. ( d) If you send us information without claiming it is confidential, we may make it available to the public without further notice to you, as described in 40 CFR 2.204.

197. Section 1048.820 is revised to read as follows: § 1048.820 How do I request a hearing? ( a) You may request a hearing under certain circumstances, as described elsewhere in this part. To do this, you must file a written request, including a description of your objection and any supporting data, within 30 days after we make a decision. ( b) For a hearing you request under the provisions of this part, we will approve your request if we find that your request raises a substantial factual issue. 88 ( c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G.

PART 1051   CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES 198. The authority citation for part 1051 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

199. The heading for subpart A is revised to read as follows: Subpart A   Overview and Applicability 200. Section 1051.1 is revised to read as follows: § 1051.1 Does this part apply for my vehicles or engines? ( a) The regulations in this part 1051 apply for all the following new recreational vehicles or new engines used in the following recreational vehicles, except as provided in § 1051.5: ( 1) Snowmobiles. ( 2) Off highway motorcycles. ( 3) All terrain vehicles ( ATVs). ( 4) Offroad utility vehicles with engines with displacement less than or equal to 1000 cc, maximum engine power less than or equal to 30 kW, and maximum vehicle speed of 25 miles per hour or higher. Offroad utility vehicles that are subject to this part are subject to the same requirements as ATVs. This means that any requirement that applies to ATVs also applies to these offroad utility vehicles, without regard to whether the regulatory language mentions offroad utility vehicles. ( b) In certain cases, the regulations in this part 1051 apply to new engines under 50 cc used in motorcycles that are motor vehicles. See 40 CFR 86.447 2006 or 86.448 2006 for provisions related to this allowance. ( c) This part 1051 applies for new recreational vehicles starting in the 2006 model year, except as described in subpart B of this part. You need not follow this part for vehicles you produce before the 2006 model year, unless you certify voluntarily. See § § 1051.103 through 1051.110, § 1051.145, and the definition of " model year" in § 1051.801 for more information about the timing of the requirements. ( d) The requirements of this part begin to apply when a vehicle is new. See the definition of " new" in § 1051.801 for more information. In some cases, vehicles or engines that have been previously used may be considered " new" for the purposes of this part. ( e) The evaporative emission requirements of this part apply to highway motorcycles, as specified in 40 CFR part 86, subpart E.

201. Section 1051.5 is revised to read as follows: § 1051.5 Which engines are excluded from this part's requirements? ( a) You may exclude vehicles with compression ignition engines. See 40 CFR part 89 for regulations that cover these engines. ( b) We may require you to label an engine or vehicle ( or both) if this section excludes it and other requirements in this chapter do not apply.

202. Section 1051.10 is revised to read as follows: § 1051.10 How is this part organized? The regulations in this part 1051 contain provisions that affect both vehicle manufacturers and others. However, the requirements of this part are generally addressed to the vehicle manufacturer. The term " you" generally means the vehicle manufacturer, as defined in § 1051.801. This part 1051 is divided into the following subparts: 89 ( a) Subpart A of this part defines the applicability of part 1051 and gives an overview of regulatory requirements. ( b) Subpart B of this part describes the emission standards and other requirements that must be met to certify engines under this part. Note that § 1051.145 discusses certain interim requirements and compliance provisions that apply only for a limited time. ( c) Subpart C of this part describes how to apply for a certificate of conformity. ( d) Subpart D of this part describes general provisions for testing production line engines. ( e) [ Reserved] ( f) Subpart F of this part describes how to test your engines ( including references to other parts of the Code of Federal Regulations). ( g) Subpart G of this part and 40 CFR part 1068 describe requirements, prohibitions, and other provisions that apply to engine manufacturers, equipment manufacturers, owners, operators, rebuilders, and all others. ( h) Subpart H of this part describes how you may generate and use emission credits to certify your engines. ( i) Subpart I of this part contains definitions and other reference information.

203. Section 1051.15 is revised to read as follows: § 1051.15 Do any other regulation parts apply to me? ( a) Parts 86 and 1065 of this chapter describes procedures and equipment specifications for testing vehicles and engines. Subpart F of this part 1051 describes how to apply the provisions of parts 86 and 1065 of this chapter to determine whether vehicles meet the emission standards in this part. ( b) The requirements and prohibitions of part 1068 of this chapter apply to everyone, including anyone who manufactures, imports, installs, owns, operates, or rebuilds any of the vehicles subject to this part 1051, or vehicles containing these engines. Part 1068 of this chapter describes general provisions, including these seven areas: ( 1) Prohibited acts and penalties for manufacturers and others. ( 2) Rebuilding and other aftermarket changes. ( 3) Exclusions and exemptions for certain vehicles and engines. ( 4) Importing vehicles and engines. ( 5) Selective enforcement audits of your production. ( 6) Defect reporting and recall. ( 7) Procedures for hearings. ( c) Other parts of this chapter apply if referenced in this part.

204. Section 1051.101 is amended by revising paragraphs ( a)( 1), ( a)( 2), ( c), and ( f) to read as follows: § 1051.101 What emission standards and other requirements must my vehicles meet? ( a) * * * ( 1) The applicable exhaust emission standards in § 1051.103, § 1051.105, § 1051.107, or § 1051.145. ( i) For snowmobiles, see § 1051.103. ( ii) For off highway motorcycles, see § 1051.105. ( iii) For all terrain vehicles and offroad utility vehicles subject to this part, see § 1051.107 and § 10510145. ( 2) The evaporative emission standards in § 1051.110. * * * * * ( c) These standards and requirements apply to all testing, including certification, production line, and in use testing. * * * * * ( f) As described in § 1051.1( a)( 4), offroad utility vehicles that are subject to this part are subject to the same requirements as ATVs.

205. Section 1051.103 is amended by revising paragraph ( a)( 1) before the table and paragraphs ( b) introductory text and ( c) introductory text to read as follows: § 1051.103 What are the exhaust emission standards for snowmobiles? 90 ( a) * * * ( 1) Follow Table 1 of this section for exhaust emission standards. You may generate or use emission credits under the averaging, banking, and trading ( ABT) program, as described in subpart H of this part. This requires that you specify a family emission limit for each pollutant you include in the ABT program for each engine family. These family emission limits serve as the emission standards for the engine family with respect to all required testing instead of the standards specified in this section. An engine family meets emission standards even if its family emission limit is higher than the standard, as long as you show that the whole averaging set of applicable engine families meet the applicable emission standards using emission credits, and the vehicles within the family meet the family emission limit. Table 1 also shows the maximum value you may specify for a family emission limit, as follows: * * * * * ( b) The exhaust emission standards in this section apply for snowmobiles using the fuel type on which they are designed to operate. You must meet the numerical emission standards for hydrocarbons in this section based on the following types of hydrocarbon emissions for snowmobiles powered by the following fuels: * * * * * ( c) Your snowmobiles must meet emission standards over their full useful life. The minimum useful life is 8,000 kilometers, 400 hours of engine operation, or five calendar years, whichever comes first. You must specify a longer useful life in terms of kilometers and hours for the engine family if the average service life of your vehicles is longer than the minimum value, as follows: * * * * *

206. Section 1051.105 is amended by revising paragraphs ( a)( 1), ( a)( 3), ( b) introductory text, and ( c) introductory text to read as follows: § 1051.105 What are the exhaust emission standards for off highway motorcycles? ( a) * * * ( 1) Follow Table 1 of this section for exhaust emission standards. You may generate or use emission credits under the averaging, banking, and trading ( ABT) program for HC+ NOx and/ or CO emissions, as described in subpart H of this part. This requires that you specify a family emission limit for each pollutant you include in the ABT program for each engine family. These family emission limits serve as the emission standards for the engine family with respect to all required testing instead of the standards specified in this section. An engine family meets emission standards even if its family emission limit is higher than the standard, as long as you show that the whole averaging set of applicable engine families meet the applicable emission standards using emission credits, and the vehicles within the family meet the family emission limit. The phase in values specify the percentage of your U. S. directed production that must comply with the emission standards for those model years. Calculate this compliance percentage based on a simple count of production units within the engine family. Table 1 follows:

Table 1 of § 1051.105   Exhaust Emission Standards for Off Highway Motorcycles ( g/ km)

Phase Model Year Phase in Emission standards Maximum allowable Family Emission Limits HC+ NOx CO HC+ NOx CO Phase 1 2006 50% 2.0 25 20.0   2007 and later 100% 2.0 25 20.0   * * * * * 91 ( 3) You may certify off highway motorcycles with engines that have total displacement of 70 cc or less to the exhaust emission exhaust standards in § 1051.615 instead of certifying them to the exhaust emission standards of this section. Count all such vehicles in the phase in ( percent) requirements of this section. ( b) The exhaust emission standards in this section apply for off highway motorcycles using the fuel type on which they are designed to operate. You must meet the numerical emission standards for hydrocarbons in this section based on the following types of hydrocarbon emissions for off highway motorcycles powered by the following fuels: * * * * * ( c) Your off highway motorcycles must meet emission standards over their full useful life. For off highway motorcycles with engines that have total displacement greater than 70 cc, the minimum useful life is 10,000 kilometers or five years, whichever comes first. For off highway motorcycles with engines that have total displacement of 70 cc or less, the minimum useful life is 5,000 kilometers or five years, whichever comes first. You must specify a longer useful life for the engine family in terms of kilometers if the average service life of your vehicles is longer than the minimum value, as follows: * * * * *

207. Section 1051.107 is amended by revising paragraphs ( a), ( b) introductory text, and ( c) introductory text to read as follows: § 1051.107 What are the exhaust emission standards for all terrain vehicles ( ATVs) and offroad utility vehicles? * * * * * ( a) Apply the exhaust emission standards in this section by model year. Measure emissions with the ATV test procedures in subpart F of this part. ( 1) Follow Table 1 of this section for exhaust emission standards. You may generate or use emission credits under the averaging, banking, and trading ( ABT) program for HC+ NOx emissions, as described in subpart H of this part. This requires that you specify a family emission limit for each pollutant you include in the ABT program for each engine family. These family emission limits serve as the emission standards for the engine family with respect to all required testing instead of the standards specified in this section. An engine family meets emission standards even if its family emission limit is higher than the standard, as long as you show that the whole averaging set of applicable engine families meet the applicable emission standards using emission credits, and the vehicles within the family meet the family emission limit. Table 1 also shows the maximum value you may specify for a family emission limit. The phase in values in the table specify the percentage of your total U. S. directed production that must comply with the emission standards for those model years. Calculate this compliance percentage based on a simple count of production units within the engine family. This applies to your total production of ATVs and offroad utility vehicles that are subject to the standards of this part; including both ATVs and offroad utility vehicles subject to the standards of this section and ATVs and offroad utility vehicles certified to the standards of other sections in this part 1051 ( such as § 1051.615, but not including vehicles certified under other parts in this chapter ( such as 40 CFR part 90). Table 1 follows:

Table 1 of § 1051.107   Exhaust Emission Standards for ATVs ( g/ km)

Phase Model Year Phase in Emission standards Maximum allowable Family Emission Limits HC+ NOx CO HC+ NOx CO Phase 1 2006 50% 1.5 35 20.0   2007 and later 100% 1.5 35 20.0   ( 2) You may certify ATVs with engines that have total displacement of less than 100 cc to the exhaust emission exhaust standards in § 1051.615 instead of certifying them to the exhaust emission standards of this section. Count all such vehicles in the phase in ( percent) requirements of this section. 92 ( b) The exhaust emission standards in this section apply for ATVs using the fuel type on which they are designed to operate. You must meet the numerical emission standards for hydrocarbons in this section based on the following types of hydrocarbon emissions for ATVs powered by the following fuels: * * * * * ( c) Your ATVs must meet emission standards over their full useful life ( § 1051.240 describes how to use deterioration factors to show this). For ATVs with engines that have total displacement of 100 cc or greater, the minimum useful life is 10,000 kilometers, 1000 hours of engine operation, or five years, whichever comes first. For ATVs with engines that have total displacement of less than 100 cc, the minimum useful life is 5,000 kilometers, 500 hours of engine operation, or five years, whichever comes first. You must specify a longer useful life for the engine family in terms of kilometers and hours if the average service life of your vehicles is longer than the minimum value, as follows: * * * * *

208. Section 1051.110 is amended by revising paragraph ( a) to read as follows: § 1051.110 What evaporative emission standards must my vehicles meet? * * * * * ( a) Beginning with the 2008 model year, permeation emissions from your vehicle's fuel tank( s) may not exceed 1.5 grams per square meter per day when measured with the test procedures for tank permeation in subpart F of this part. You may generate or use emission credits under the averaging, banking, and trading ( ABT) program, as described in subpart H of this part. * * * * *

209. Section 1051.115 is amended by removing and reserving paragraph ( b) and revising paragraphs ( a), ( c), and ( f) to read as follows: § 1051.115 What other requirements must my vehicles meet? * * * * * ( a) Closed crankcase. Crankcase emissions may not be discharged directly into the ambient atmosphere from any vehicle. ( b) [ Reserved] ( c) Adjustable parameters. Vehicles that have adjustable parameters must meet all the requirements of this part for any adjustment in the physically adjustable range. Note that parameters that control the air fuel ratio may be treated separately under paragraph ( d) of this section. An operating parameter is not considered adjustable if you permanently seal it or if it is not normally accessible using ordinary tools. We may require that you set adjustable parameters to any specification within the adjustable range during any testing, including certification testing, production line testing, or in use testing. * * * * * ( f) Defeat devices. You may not equip your vehicles with a defeat device. A defeat device is an auxiliary emissioncontrol device that reduces the effectiveness of emission controls under conditions that the vehicle may reasonably be expected to encounter during normal operation and use. This does not apply to auxiliary emission control devices you identify in your certification application if any of the following is true: ( 1) The conditions of concern were substantially included in the applicable test procedures described in subpart F of this part. ( 2) You show your design is necessary to prevent vehicle damage or accidents. ( 3) The reduced effectiveness applies only to starting the engine. * * * * *

210. Section 1051.120 is revised to read as follows: 93 § 1051.120 What emission related warranty requirements apply to me? ( a) General requirements. You must warrant to the ultimate purchaser and each subsequent purchaser that the new engine, including all parts of its emission control system, meets two conditions: ( 1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part. ( 2) It is free from defects in materials and workmanship that may keep it from meeting these requirements. ( b) Warranty period. Your emission related warranty must be valid for at least 50 percent of the vehicle's minimum useful life in kilometers or hours of engine operation ( where applicable), or at least 30 months, whichever comes first. You may offer an emission related warranty more generous than we require. The emission related warranty for the engine may not be shorter than any published warranty you offer without charge for the engine. Similarly, the emission related warranty for any component may not be shorter than any published warranty you offer without charge for that component. If you provide an extended warranty to individual owners for any components covered in paragraph ( c) of this section for an additional charge, your emission related warranty must cover those components for those owners to the same degree. If a vehicle has no odometer, base warranty periods in this paragraph ( b) only on the vehicle's age ( in years). The warranty period begins when the engine is placed into service. ( c) Components covered. The emission related warranty covers all components whose failure would increase an engine's emissions of any pollutant. This includes components listed in 40 CFR part 1068, Appendix I, and components from any other system you develop to control emissions. The emission related warranty covers these components even if another company produces the component. Your emission related warranty does not cover components whose failure would not increase an engine's emissions of any pollutant. ( d) Limited applicability. You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, as described in 40 CFR 1068.115. You may ask us to allow you to exclude from your emission related warranty certified vehicles that have been used significantly for competition, especially certified motorcycles that meet at least four of the criteria in § 1051.620( b)( 1). ( e) Owners manual. Describe in the owners manual the emission related warranty provisions from this section that apply to the engine.

211. Section 1051.125 is revised to read as follows: § 1051.125 What maintenance instructions must I give to buyers? Give the ultimate purchaser of each new vehicle written instructions for properly maintaining and using the vehicle, including the emission control system. The maintenance instructions also apply to service accumulation on your emission data vehicles, as described in § 1051.240, § 1051.245, and 40 CFR part 1065. ( a) Critical emission related maintenance. Critical emission related maintenance includes any adjustment, cleaning, repair, or replacement of critical emission related components. This may also include additional emission related maintenance that you determine is critical if we approve it in advance. You may schedule critical emission related maintenance on these components if you meet the following conditions: ( 1) You demonstrate that the maintenance is reasonably likely to be done at the recommended intervals on inuse vehicles. We will accept scheduled maintenance as reasonably likely to occur if you satisfy any of the following conditions: ( i) You present data showing that, if a lack of maintenance increases emissions, it also unacceptably degrades the vehicle's performance. ( ii) You present survey data showing that at least 80 percent of vehicles in the field get the maintenance you specify at the recommended intervals. ( iii) You provide the maintenance free of charge and clearly say so in maintenance instructions for the customer. ( iv) You otherwise show us that the maintenance is reasonably likely to be done at the recommended intervals. ( 2) You may not schedule critical emission related maintenance within the minimum useful life period for aftertreatment devices, pulse air valves, fuel injectors, oxygen sensors, electronic control units, superchargers, or turbochargers. 94 ( b) Recommended additional maintenance. You may recommend any additional amount of maintenance on the components listed in paragraph ( a) of this section, as long as you state clearly that these maintenance steps are not necessary to keep the emission related warranty valid. If operators do the maintenance specified in paragraph ( a) of this section, but not the recommended additional maintenance, this does not allow you to disqualify those vehicles from in use testing or deny a warranty claim. Do not take these maintenance steps during service accumulation on your emission data vehicles. ( c) Special maintenance. You may specify more frequent maintenance to address problems related to special situations, such as atypical vehicle operation. You must clearly state that this additional maintenance is associated with the special situation you are addressing. ( d) Noncritical emission related maintenance. You may schedule any amount of emission related inspection or maintenance that is not covered by paragraph ( a) of this section, as long as you state in the owners manual that these steps are not necessary to keep the emission related warranty valid. If operators fail to do this maintenance, this does not allow you to disqualify those vehicles from in use testing or deny a warranty claim. Do not take these inspection or maintenance steps during service accumulation on your emission data vehicles. ( e) Maintenance that is not emission related. For maintenance unrelated to emission controls, you may schedule any amount of inspection or maintenance. You may also take these inspection or maintenance steps during service accumulation on your emission data vehicles, as long as they are reasonable and technologically necessary. This might include adding engine oil, or adjusting chain tension, clutch position, or tire pressure. You may perform this nonemission related maintenance on emission data vehicles at the least frequent intervals that you recommend to the ultimate purchaser ( but not the intervals recommended for severe service). ( f) Source of parts and repairs. State clearly on the first page of your written maintenance instructions that a repair shop or person of the owner's choosing may maintain, replace, or repair emission control devices and systems. Your instructions may not require components or service identified by brand, trade, or corporate name. Also, do not directly or indirectly condition your warranty on a requirement that the vehicle be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship. You may disregard the requirements in this paragraph ( f) if you do one of two things: ( 1) Provide a component or service without charge under the purchase agreement. ( 2) Get us to waive this prohibition in the public's interest by convincing us the vehicle will work properly only with the identified component or service. ( g) Payment for scheduled maintenance. Owners are responsible for properly maintaining their vehicles. This generally includes paying for scheduled maintenance. However, manufacturers must pay for scheduled maintenance during the useful life if it meets all the following criteria: ( 1) Each affected component was not in general use on similar vehicles before the 2006 model year. ( 2) The primary function of each affected component is to reduce emissions. ( 3) The cost of the scheduled maintenance is more than 2 percent of the price of the vehicle. ( 4) Failure to perform the maintenance would not cause clear problems that would significantly degrade the vehicle's performance. ( h) Owners manual. Explain the owner's responsibility for proper maintenance in the owners manual.

212. Section 1051.130 is revised to read as follows: § 1051.130 What installation instructions must I give to vehicle manufacturers? ( a) If you sell an engine for someone else to install in a piece of nonroad equipment, give the engine installer instructions for installing it consistent with the requirements of this part. Include all information necessary to ensure that an engine will be installed in its certified configuration. ( b) Make sure these instructions have the following information: ( 1) Include the heading: " Emission related installation instructions". ( 2) State: " Failing to follow these instructions when installing a certified engine in a piece of nonroad equipment violates federal law ( 40 CFR 1068.105( b)), subject to fines or other penalties as described in the Clean Air Act.". 95 ( 3) Describe the instructions needed to properly install the exhaust system and any other components. Include instructions consistent with the requirements of § 1051.205( r). ( 4) Describe the steps needed to comply with the evaporative emission standards in § 1051.110. ( 5) Describe any limits on the range of applications needed to ensure that the engine operates consistently with your application for certification. For example, if your engines are certified only to the snowmobile standards, tell vehicle manufacturers not to install the engines in other vehicles. ( 6) Describe any other instructions to make sure the installed engine will operate according to design specifications in your application for certification. This may include, for example, instructions for installing aftertreatment devices when installing the engines. ( 7) State: " If you install the engine in a way that makes the engine's emission control information label hard to read during normal engine maintenance, you must place a duplicate label on the vehicle, as described in 40 CFR 1068.105.". ( c) You do not need installation instructions for engines you install in your own vehicles. ( d) Provide instructions in writing or in an equivalent format. For example, you may post instructions on a publicly available website for downloading or printing. If you do not provide the instructions in writing, explain in your application for certification how you will ensure that each installer is informed of the installation requirements.

213. Section 1051.135 is revised to read as follows: § 1051.135 How must I label and identify the vehicles I produce? Each of your vehicles must have three labels: a vehicle identification number as described in paragraph ( a) of this section, an emission control information label as described in paragraphs ( b) through ( e) of this section, and a consumer information label as described in paragraph ( g) of this section. ( a) Assign each vehicle a unique identification number and permanently affix, engrave, or stamp it on the vehicle in a legible way. ( b) At the time of manufacture, affix a permanent and legible emission control information label identifying each vehicle. The label must be   ( 1) Attached so it is not removable without being destroyed or defaced. ( 2) Secured to a part of the vehicle ( or engine) needed for normal operation and not normally requiring replacement. ( 3) Durable and readable for the vehicle's entire life. ( 4) Written in English. ( c) The label must   ( 1) Include the heading " EMISSION CONTROL INFORMATION". ( 2) Include your full corporate name and trademark. You may identify another company and use its trademark instead of yours if you comply with the provisions of § 1051.645. ( 3) Include EPA's standardized designation for the exhaust and evaporative engine families, as described in § 1051.230. ( 4) State the engine's displacement ( in liters) and maximum engine power. You may omit this from the emission control information label if the vehicle is permanently labeled with a unique model name that corresponds to a specific displacement or power configuration. Also, you may omit displacement from the label if all the engines in the engine family have the same per cylinder displacement and total displacement. ( 5) State: " THIS VEHICLE IS CERTIFIED TO OPERATE ON [ specify operating fuel or fuels].". ( 6) State the date of manufacture [ MONTH and YEAR]. You may omit this from the label if you keep a record of the engine manufacture dates and provide it to us upon request, or if you stamp the date on the engine and print it in the owners manual. ( 7) State the exhaust emission standards or FELs to which the vehicles are certified. ( 8) Identify the emission control system. Use terms and abbreviations consistent with SAE J1930 ( incorporated by reference in § 1051.810). You may omit this information from the label if there is not enough room for it and you put it in the owners manual instead. 96 ( 9) List specifications and adjustments for engine tuneups; show the proper position for the transmission during tuneup and state which accessories should be operating. ( 10) Identify any requirements for fuel and lubricants. You may omit this information from the label if there is not enough room for it and you put it in the owners manual instead. ( 11) State the useful life for your engine family if it is different than the minimum value. ( 12) State: " THIS VEHICLE MEETS U. S. EPA REGULATIONS FOR [ MODEL YEAR] [ SNOWMOBILES or OFF ROAD MOTORCYCLES or ATVs or OFFROAD UTILITY VEHICLES].". ( d) You may add information to the emission control information label to identify other emission standards that the vehicle meets or does not meet ( such as California standards). You may also add other information to ensure that the engine will be properly maintained and used. ( e) You may ask us to approve modified labeling requirements in this part 1051 if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. ( f) If you obscure the engine label while installing the engine in the equipment, you must place a duplicate label on the equipment. If others install your engine in their equipment in a way that obscures the engine label, we require them to add a duplicate label on the equipment ( see 40 CFR 1068.105); in that case, give them the number of duplicate labels they request and keep the following records for at least five years: ( 1) Written documentation of the request from the equipment manufacturer. ( 2) The number of duplicate labels you send and the date you sent them. ( g) Label every vehicle certified under this part with a removable hang tag showing its emission characteristics relative to other models. The label should be attached securely to the vehicle before it is offered for sale in such a manner that it would not be accidentally removed prior to sale. Use the applicable equations of this paragraph ( g) to determine the normalized emission rate ( NER) from the FEL for your vehicle. If the vehicle is certified without using the averaging provisions of subpart H, use the final deteriorated emission level. Round the resulting normalized emission rate for your vehicle to one decimal place. We may specify a standardized format for labels. At a minimum, the tag should include: the manufacturer's name, vehicle model name, engine description ( 500 cc two stroke with DFI), the NER, and a brief explanation of the scale ( for example, note that 0 is the cleanest and 10 is the least clean). ( 1) For snowmobiles, use the following equation:

( ) NER 16.61 log 2.667 HC CO 38.22 = × × +

Where: HC and CO are the cycle weighted FELs ( or emission rates) for hydrocarbons and carbon monoxide in g/ kW hr. ( 2)( i) For off highway motorcycles certified to the standards in § 1051.105, use the equations specified below. ( A) If the vehicle has HC + NOx emissions less than or equal to 2.0 g/ km, use the following equation: NER = 2.500 × ( HC+ NOx) Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( B) If the vehicle has HC + NOx emissions greater than 2.0 g/ km, use the following equation: NER = 5.000 × log( HC+ NOx)+ 3.495 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( ii) For off highway motorcycles certified to the standards in § 1051.615( b), use the following equation: NER = 8.782 × log( HC+ NOx)   5.598 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ kW hr. ( 3)( i) For ATVs certified to the standards in § 1051.107, use the equations specified below. ( A) If the vehicle has HC + NOx emissions less than or equal to 1.5 g/ km, use the following equation: NER = 3.333 × ( HC+ NOx) 97 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( B) If the vehicle has HC + NOx emissions greater than 1.5 g/ km, use the following equation: NER = 4.444 × log( HC+ NOx)+ 4.217 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( ii) For ATVs certified to the standards in § 1051.615( a), use the following equation: NER = 8.782 × log( HC + NOx)   7.277 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ kW hr.

214. Section 1051.145 is amended by adding paragraphs ( a)( 3)( v) and ( a)( 3)( vi) and revising paragraphs ( b)( 3), ( c), and ( e) to read as follows: § 1051.145 What provisions apply only for a limited time? * * * * * ( a) * * * ( 3) * * * ( v) If your engines do not meet the criteria listed in paragraph ( a) of this section, they will be subject to the provisions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101. ( vi) Engines exempted under this paragraph ( a)( 3) are subject to all the requirements affecting engines under 40 CFR part 90. The requirements and restrictions of 40 CFR part 90 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as other engines subject to 40 CFR part 90. * * * * * ( b) * * * ( 3) For ATVs certified to the standards in this paragraph ( b), use the following equations to determine the normalized emission rate required by § 1051.135( g): ( i) For engines above 225 cc, use the following equation:

( ) NER 9.898 log HC NOx 4.898 = × +

Where: HC + NOx is the sum of the cycle weighted emission rates for hydrocarbons and oxides of nitrogen in g/ kW hr. ( ii) For engines below 225 cc, use the following equation:

( ) NER 9.898 log ( HC NOx) 4.898 = × + ×   083 .

Where: HC + NOx is the sum of the cycle weighted emission rates for hydrocarbons and oxides of nitrogen in g/ kW hr. ( c) Production line testing. Vehicles certified to the following standards are exempt from the production line testing requirements of subpart D of this part if they are certified without participating in the averaging, banking, and trading program described in Subpart H of this part: ( 1) Phase 1 or Phase 2 standards in § 1051.103. ( 2) Phase 1 standards in § § 1051.105. ( 3) Phase 1 standards in § 1051.107. ( 4) The standards in § 1051.615. ( 5) The standards in paragraph ( b) of this section. 98 * * * * * ( e) Raw sampling procedures. You may use the raw sampling procedures described in 40 CFR part 91, subparts D and E, for emission testing certain vehicles as follows: ( 1) Snowmbile. You may use raw sampling for snowmobiles before the 2010 model year. For 2010 and later model years, you may use these procedures if you show that they produce emission measurements equivalent to the otherwise specified test procedures. ( 2) ATV. You may use raw sampling for ATVs certified to the standard in § 1051.615 before the 2011 model year. You may use raw sampling for ATVs certified to the standard in § 1051.107 before the 2009 model year. For later model years, you may use these procedures if you show that they produce emission measurements equivalent to the otherwise specified test procedures. * * * * *

215. Section 1051.201 is revised to read as follows: § 1051.201 What are the general requirements for obtaining a certificate of conformity? ( a) You must send us a separate application for a certificate of conformity for each engine family. A certificate of conformity is valid from the indicated effective date until December 31 of the model year for which it is issued. ( b) The application must contain all the information required by this part and must not include false or incomplete statements or information ( see § 1051.255). ( c) We may ask you to include less information than we specify in this subpart, as long as you maintain all the information required by § 1051.250. ( d) You must use good engineering judgment for all decisions related to your application ( see 40 CFR 1068.5). ( e) An authorized representative of your company must approve and sign the application. ( f) See § 1051.255 for provisions describing how we will process your application. ( g) We may require you to deliver your test vehicles or engines to a facility we designate for our testing ( see § 1051.235( c)).

216. Section 1051.205 is revised to read as follows: § 1051.205 What must I include in my application? This section specifies the information that must be in your application, unless we ask you to include less information under § 1051.201( c). We may require you to provide additional information to evaluate your application. ( a) Describe the engine family's specifications and other basic parameters of the vehicle's design and emission controls. List the fuel type on which your engines are designed to operate ( for example, gasoline, liquefied petroleum gas, methanol, or natural gas). List vehicle configurations and model names that are included in the engine family. ( b) Explain how the emission control system operates. Describe the evaporative emission controls. Also describe in detail all system components for controlling exhaust emissions, including all auxiliary emission control devices ( AECDs) and all fuel system components you will install on any production or test vehicle or engine. Identify the part number of each component you describe. For this paragraph ( b), treat as separate AECDs any devices that modulate or activate differently from each other. Include all the following: ( 1) Give a general overview of the engine, the emission control strategies, and all AECDs. ( 2) Describe each AECD's general purpose and function. ( 3) Identify the parameters that each AECD senses ( including measuring, estimating, calculating, or empirically deriving the values). Include vehicle based parameters and state whether you simulate them during testing with the applicable procedures. ( 4) Describe the purpose for sensing each parameter. ( 5) Identify the location of each sensor the AECD uses. ( 6) Identify the threshold values for the sensed parameters that activate the AECD. ( 7) Describe the parameters that the AECD modulates ( controls) in response to any sensed parameters, including the range of modulation for each parameter, the relationship between the sensed parameters and the controlled parameters and how the modulation achieves the AECD's stated purpose. Use graphs and tables, as necessary. 99 ( 8) Describe each AECD's specific calibration details. This may be in the form of data tables, graphical representations, or some other description. ( 9) Describe the hierarchy among the AECDs when multiple AECDs sense or modulate the same parameter. Describe whether the strategies interact in a comparative or additive manner and identify which AECD takes precedence in responding, if applicable. ( 10) Explain the extent to which the AECD is included in the applicable test procedures specified in subpart F of this part. ( 11) Do the following additional things for AECDs designed to protect engines or vehicles: ( i) Identify the engine and/ or vehicle design limits that make protection necessary and describe any damage that would occur without the AECD. ( ii) Describe how each sensed parameter relates to the protected components' design limits or those operating conditions that cause the need for protection. ( iii) Describe the relationship between the design limits/ parameters being protected and the parameters sensed or calculated as surrogates for those design limits/ parameters, if applicable. ( iv) Describe how the modulation by the AECD prevents engines and/ or equipment from exceeding design limits. ( v) Explain why it is necessary to estimate any parameters instead of measuring them directly and describe how the AECD calculates the estimated value, if applicable. ( vi) Describe how you calibrate the AECD modulation to activate only during conditions related to the stated need to protect components and only as needed to sufficiently protect those components in a way that minimizes the emission impact. ( c) [ Reserved] ( d) Describe the vehicles or engines you selected for testing and the reasons for selecting them. ( e) Describe the test equipment and procedures that you used, including any special or alternate test procedures you used ( see § 1051.501). ( f) Describe how you operated the emission data vehicle before testing, including the duty cycle and the extent of engine operation used to stabilize emission levels. Explain why you selected the method of service accumulation. Describe any scheduled maintenance you did. ( g) List the specifications of the test fuel to show that it falls within the required ranges we specify in 40 CFR part 1065. ( h) Identify the engine family's useful life. ( i) Include the maintenance instructions you will give to the ultimate purchaser of each new vehicle ( see § 1051.125). ( j) Include the emission related installation instructions you will provide if someone else installs your engines in a vehicle ( see § 1051.130). ( k) Describe the labels you create to meet the requirements of § 1051.135. ( l) Identify the exhaust emission standards or FELs to which you are certifying engines in the engine family. ( m) Identify the engine family's deterioration factors and describe how you developed them ( see § 1051.245). Present any emission test data you used for this. ( n) State that you operated your emission data vehicles as described in the application ( including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part. ( o) Present emission data to show that you meet emission standards, as follows: ( 1) Present emission data for hydrocarbons ( such as NMHC or THCE, as applicable), NOx, and CO on an emission data vehicle to show your vehicles meet the applicable exhaust emission standards we specify in subpart B of this part. Show emission figures before and after applying deterioration factors for each vehicle or engine. If we specify more than one grade of any fuel type ( for example, a summer grade and winter grade of gasoline), you need to submit test data only for one grade, unless the regulations of this part specify otherwise for your engine. ( 2) Present evaporative test data for HC to show your vehicles meet the evaporative emission standards we specify in subpart B of this part. Show emission figures before and after applying deterioration factors for each vehicle or engine, where applicable. If you did not perform the testing, identify the source of the test data. 100 ( 3) Note that § 1051.235 and § 1051.245 allow you to submit an application in certain cases without new emission data. ( p) Report all test results, including those from invalid tests or from any other tests, whether or not they were conducted according to the test procedures of subpart F of this part. If you measure CO2, report those emission levels. We may ask you to send other information to confirm that your tests were valid under the requirements of this part and 40 CFR part 1065. ( q) Describe all adjustable operating parameters ( see § 1051.115( e)), including production tolerances. Include the following in your description of each parameter: ( 1) The nominal or recommended setting. ( 2) The intended physically adjustable range. ( 3) The limits or stops used to establish adjustable ranges. ( 4) Information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in use engines to settings outside your intended physically adjustable ranges. ( r) Confirm that your emission related installation instructions specify how to ensure that sampling of exhaust emissions will be possible after engines are installed in equipment and placed in service. If this cannot be done by simply adding a 20 centimeter extension to the exhaust pipe, show how to sample exhaust emissions in a way that prevents diluting the exhaust sample with ambient air. ( s) Unconditionally certify that all the vehicles and/ or engines in the engine family comply with the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. ( t) Include estimates of U. S. directed production volumes. ( u) Include the information required by other subparts of this part. For example, include the information required by § 1051.725 if you participate in the ABT program. ( v) Include other applicable information, such as information specified in this part or part 1068 of this chapter related to requests for exemptions.

217. Section 1051.210 is revised to read as follows: § 1051.210 May I get preliminary approval before I complete my application? If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission control devices, deterioration factors, testing for service accumulation, and maintenance. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. If you request preliminary approval related to the upcoming model year or the model year after that, we will make best efforts to make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years ahead of time.

218. Section 1051.215 is removed.

219. Section 1051.220 is revised to read as follows: § 1051.220 How do I amend the maintenance instructions in my application? You may amend your emission related maintenance instructions after you submit your application for certification, as long as the amended instructions remain consistent with the provisions of § 1051.125. You must send the Designated Compliance Officer a request to amend your application for certification for an engine family if you want to change the emission related maintenance instructions in a way that could affect emissions. In your request, describe the proposed changes to the maintenance instructions. We will disapprove your request if we determine that the amended instructions are inconsistent with maintenance you performed on emission data vehicles. 101 ( a) If you are decreasing the specified maintenance, you may distribute the new maintenance instructions to your customers 30 days after we receive your request, unless we disapprove your request. We may approve a shorter time or waive this requirement. ( b) If your requested change would not decrease the specified maintenance, you may distribute the new maintenance instructions anytime after you send your request. For example, this paragraph ( b) would cover adding instructions to increase the frequency of a maintenance step for engines in severe duty applications. ( c) You need not request approval if you are making only minor corrections ( such as correcting typographical mistakes), clarifying your maintenance instructions, or changing instructions for maintenance unrelated to emission control.

220. Section 1051.225 is revised to read as follows: § 1051.225 How do I amend my application for certification to include new or modified vehicles or to change an FEL? Before we issue you a certificate of conformity, you may amend your application to include new or modified vehicle configurations, subject to the provisions of this section. After we have issued your certificate of conformity, you may send us an amended application requesting that we include new or modified vehicle configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information included in your application. ( a) You must amend your application before you take any of the following actions: ( 1) Add a vehicle ( that is, an additional vehicle configuration) to an engine family. In this case, the vehicle added must be consistent with other vehicles in the engine family with respect to the criteria listed in § 1051.230. ( 2) Change a vehicle already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine's lifetime. ( 3) Modify an FEL for an engine family, as described in paragraph ( f) of this section. ( b) To amend your application for certification, send the Designated Compliance Officer the following information: ( 1) Describe in detail the addition or change in the vehicle model or configuration you intend to make. ( 2) Include engineering evaluations or data showing that the amended engine family complies with all applicable requirements. You may do this by showing that the original emission data vehicle is still appropriate with respect to showing compliance of the amended family with all applicable requirements. ( 3) If the original emission data vehicle for the engine family is not appropriate to show compliance for the new or modified vehicle, include new test data showing that the new or modified vehicle meets the requirements of this part. ( c) We may ask for more test data or engineering evaluations. You must give us these within 30 days after we request them. ( d) For engine families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your new or modified vehicle. You may ask for a hearing if we deny your request ( see § 1051.820). ( e) For engine families already covered by a certificate of conformity, you may start producing the new or modified vehicle anytime after you send us your amended application, before we make a decision under paragraph ( d) of this section. However, if we determine that the affected vehicles do not meet applicable requirements, we will notify you to cease production of the vehicles and may require you to recall the vehicles at no expense to the owner. Choosing to produce vehicles under this paragraph ( e) is deemed to be consent to recall all vehicles that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph ( c) of this section within 30 days, you must stop producing the new or modified vehicles. ( f) You may ask to change your FEL in the following cases: ( 1) You may ask to raise your FEL after the start of production. You may not apply the higher FEL to engines you have already introduced into commerce. Use the appropriate FELs with corresponding sales volumes to calculate your average emission level, as described in subpart H of this part. In your request, you must 102 demonstrate that you will still be able to comply with the applicable average emission standards as specified in subparts B and H of this part. ( 2) You may ask to lower the FEL for your engine family after the start of production only when you have test data from production vehicles indicating that your vehicles comply with the lower FEL. You may create a separate subfamily with the lower FEL. Otherwise, you must use the higher FEL for the family to calculate your average emission level under subpart H of this part. ( 3) If you change the FEL during production, you must include the new FEL on the emission control information label for all vehicles produced after the change.

221. Section 1051.230 is revised to read as follows: § 1051.230 How do I select engine families? ( a) Divide your product line into families of vehicles that are expected to have similar emission characteristics throughout the useful life. Except as specified in paragraph ( f) of this section, you must have separate engine families for meeting exhaust and evaporative emissions. Your engine families are limited to a single model year. ( b) For exhaust emissions, group vehicles in the same engine family if they are the same in all the following aspects: ( 1) The combustion cycle. ( 2) The cooling system ( water cooled vs. air cooled). ( 3) Configuration of the fuel system ( for example, port fuel injection vs. carburetion). ( 4) Method of air aspiration. ( 5) The number, location, volume, and composition of catalytic converters. ( 6) Type of fuel. ( 7) The number, arrangement, and approximate bore diameter of cylinders. ( 8) Numerical level of the emission standards that apply to the vehicle. ( c) For evaporative emissions, group vehicles in the same engine family if fuel tanks are the same and fuel lines are the same considering all the following aspects: ( 1) Wall thickness. ( 2) Type of material ( including additives such as pigments, plasticizers, and UV inhibitors). ( 3) Emission control strategy. ( d) You may subdivide a group of vehicles that is identical under paragraph ( b) or ( c) of this section into different engine families if you show the expected emission characteristics are different during the useful life. ( e) You may group vehicles that are not identical with respect to the things listed in paragraph ( b) or ( c) of this section in the same engine family, as follows: ( 1) You may group such vehicles in the same engine family if you show that their emission characteristics during the useful life will be similar. ( 2) If you are a small volume manufacturer, you may group engines from any vehicles subject to the same emission standards into a single engine family. This does not change any of the requirements of this part for showing that an engine family meets emission standards. ( f) You may divide your product line into engine families based on a combined consideration of exhaust and evaporative emission control systems, consistent with the requirements of this section. This would allow you to use a single engine family designation for each engine family instead of having separate engine family designations for exhaust and evaporative emission control systems for each model.

222. Section 1051.235 is revised to read as follows: § 1051.235 What emission testing must I perform for my application for a certificate of conformity? This section describes the emission testing you must perform to show compliance with the emission standards in subpart B of this part. ( a) Test your emission data vehicles using the procedures and equipment specified in subpart F of this part. Where specifically required or allowed, test the engine instead of the vehicle. For evaporative emissions, test the fuel system components separate from the vehicle. 103 ( b) Select from each engine family an emission data vehicle, and a fuel system for each fuel type with a configuration that is most likely to exceed the emission standards, using good engineering judgment. Consider the emission levels of all exhaust constituents over the full useful life of the vehicle. ( c) We may measure emissions from any of your test vehicles or engines ( or any other vehicles or engines from the engine family), as follows: ( 1) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the test vehicle or engine to a test facility we designate. The test vehicle or engine you provide must include appropriate manifolds, aftertreatment devices, electronic control units, and other emission related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need. ( 2) If we measure emissions on one of your test vehicles or engines, the results of that testing become the official emission results. Unless we later invalidate these data, we may decide not to consider your data in determining if your engine family meets applicable requirements. ( 3) Before we test one of your vehicles or engines, we may set its adjustable parameters to any point within the physically adjustable ranges ( see § 1051.115( c)). ( 4) Before we test one of your vehicles or engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. ( d) You use previously generated emission data in the following cases: ( 1) You may ask to use emission data from a previous model year instead of doing new tests, but only if all the following are true: ( i) The engine family from the previous model year differs from the current engine family only with respect to model year. ( ii) The emission data vehicle from the previous model year remains the appropriate emission data vehicle under paragraph ( b) of this section. ( iii) The data show that the emission data vehicle would meet all the requirements that apply to the engine family covered by the application for certification. ( 2) You may submit emission data for equivalent engine families performed to show compliance with other standards ( such as California standards) instead of doing new tests, but only if the data show that the test vehicle or engine would meet all of this part's requirements. ( 3) You may submit evaporative emission data measured by a fuel system supplier. We may require you to verify that the testing was conducted in accordance with the applicable regulations. ( e) We may require you to test a second vehicle or engine of the same or different configuration in addition to the vehicle or engine tested under paragraph ( b) of this section. ( f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure. ( g) If you are a small volume manufacturer, you may certify by design on the basis of preexisting exhaust emission data for similar technologies and other relevant information, and in accordance with good engineering judgment. In those cases, you are not required to test your vehicles. This is called " design certification" or " certifying by design." To certify by design, you must show that the technology used on your engines is sufficiently similar to the previously tested technology that a person reasonably familiar with emission control technology would believe that your engines will comply with the emission standards. ( h) For fuel tanks that are certified based on permeability treatments for plastic fuel tanks, you do not need to test each engine family. However, you must use good engineering judgment to determine permeation rates for the tanks. This requires that more than one fuel tank be tested for each set of treatment conditions. You may not use test data from a given tank for any other tanks that have thinner walls. You may, however, use test data from a given tank for other tanks that have thicker walls. This applies to both low hour ( i. e., baseline testing) and durability testing. Note that § 1051.245 allows you to use design based certification instead of generating new emission data. 104 223. Section 1051.240 is revised to read as follows: § 1051.240 How do I demonstrate that my engine family complies with exhaust emission standards? ( a) For purposes of certification, your engine family is considered in compliance with the applicable numerical exhaust emission standards in subpart B of this part if all emission data vehicles representing that family have test results showing deteriorated emission levels at or below these standards. ( Note: if you participate in the ABT program in subpart H of this part, your FELs are considered to be the applicable emission standards with which you must comply.) ( b) Your engine family is deemed not to comply if any emission data vehicle representing that family has test results showing a deteriorated emission level above an applicable FEL or emission standard from subpart B of this part for any pollutant. ( c) To compare emission levels from the emission data vehicle with the applicable emission standards, apply deterioration factors to the measured emission levels. Section 1051.243 specifies how to test your vehicle to develop deterioration factors that represent the deterioration expected in emissions over your vehicle's full useful life. Your deterioration factors must take into account any available data from in use testing with similar engines. Smallvolume manufacturers may use assigned deterioration factors that we establish. Apply deterioration factors as follows: ( 1) For vehicles that use aftertreatment technology, such as catalytic converters, use a multiplicative deterioration factor for exhaust emissions. A multiplicative deterioration factor for a pollutant is the ratio of exhaust emissions at the end of the useful life and exhaust emissions at the low hour test point. In these cases, adjust the official emission results for each tested vehicle or engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the factor is less than one, use one. Multiplicative deterioration factors must be specified to three significant figures. ( 2) For vehicles that do not use aftertreatment technology, use an additive deterioration factor for exhaust emissions. An additive deterioration factor for a pollutant is the difference between exhaust emissions at the end of the useful life and exhaust emissions at the low hour test point. In these cases, adjust the official emission results for each tested vehicle or engine at the selected test point by adding the factor to the measured emissions. If the factor is less than zero, use zero. Additive deterioration factors must be specified to one more decimal place than the applicable standard. ( d) Collect emission data using measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph ( c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission data vehicle. In the case of HC+ NOx standards, apply the deterioration factor to each pollutant and then add the results before rounding.

224. A new § 1051.243 is added to read as follows: § 1051.243 How do I determine deterioration factors from exhaust durability testing? Establish deterioration factors to determine whether your engines will meet emission standards for each pollutant throughout the useful life, as described in subpart B of this part and § 1051.240. This section describes how to determine deterioration factors, either with pre existing test data or with new emission measurements. ( a) You may ask us to approve deterioration factors for an engine family based on emission measurements from similar vehicles or engines if you have already given us these data for certifying other vehicles in the same or earlier model years. Use good engineering judgment to decide whether the two vehicles or engines are similar. We will approve your request if you show us that the emission measurements from other vehicles or engines reasonably represent in use deterioration for the engine family for which you have not yet determined deterioration factors. ( b) If you are unable to determine deterioration factors for an engine family under paragraph ( a) of this section, select vehicles, engines, subsystems, or components for testing. Determine deterioration factors based on service accumulation and related testing to represent the deterioration expected from in use vehicles over the full useful life, as follows: ( 1) You must measure emissions from the emission data vehicle at a low hour test point and the end of the useful life. You may also test at intermediate points. 105 ( 2) Operate the vehicle or engine over a representative duty cycle for a period at least as long as the useful life ( in hours or kilometers). You may operate the vehicle or engine continuously. ( 3) You may perform maintenance on emission data vehicles as described in § 1051.125 and 40 CFR part 1065, subpart E. ( 4) Use a linear least squares fit of your test data for each pollutant to calculate your deterioration factor. ( 5) Use good engineering judgment for all aspects of the effort to establish deterioration factors under this paragraph ( b). ( 6) You may to use other testing methods to determine deterioration factors, consistent with good engineering judgment. ( c) Include the following information in your application for certification: ( 1) If you use test data from a different engine family, explain why this is appropriate and include all the emission measurements on which you base the deterioration factor. ( 2) If you do testing to determine deterioration factors, describe the form and extent of service accumulation, including a rationale for selecting the service accumulation period and the method you use to accumulate hours.

225. Section 1051.245 is amended by revising paragraphs ( a) introductory text, ( b), ( c), and ( d) to read as follows: § 1051.245 How do I demonstrate that my engine family complies with evaporative emission standards? ( a) For purposes of certification, your engine family is considered in compliance with the evaporative emission standards in subpart B of this part if you do either of the following: * * * * * ( b) Your engine family is deemed not to comply if any fuel tank or fuel line representing that family has test results showing a deteriorated emission level above the standard. ( c) To compare emission levels with the emission standards, apply deterioration factors to the measured emission levels. For permeation emissions, use the following procedures to establish an additive deterioration factor, as described in § 1051.240( c)( 2): ( 1) Section 1051.515 specifies how to test your fuel tanks to develop deterioration factors. Small volume manufacturers may use assigned deterioration factors that we establish. Apply the deterioration factors as follows: ( i) Calculate the deterioration factor from emission tests performed before and after the durability tests as described in § 1051.515( c) and ( d), using good engineering judgment. The durability tests described in § 1051.515( d) represent the minimum requirements for determining a deterioration factor. You may not use a deterioration factor that is less than the difference between evaporative emissions before and after the durability tests as described in § 1051.515( c) and ( d). ( ii) Do not apply the deterioration factor to test results for tanks that have already undergone these durability tests. ( 2) Determine the deterioration factor for fuel lines using good engineering judgment. ( d) Collect emission data using measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph ( c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission data vehicle. * * * * *

226. Section 1051.250 is revised to read as follows: § 1051.250 What records must I keep and make available to EPA? ( a) Organize and maintain the following records: ( 1) A copy of all applications and any summary information you send us. ( 2) Any of the information we specify in § 1051.205 that you were not required to include in your application. ( 3) A detailed history of each emission data vehicle. For each vehicle, describe all of the following: 106 ( i) The emission data vehicle's construction, including its origin and buildup, steps you took to ensure that it represents production vehicles, any components you built specially for it, and all the components you include in your application for certification. ( ii) How you accumulated vehicle or engine operating hours, including the dates and the number of hours accumulated. ( iii) All maintenance, including modifications, parts changes, and other service, and the dates and reasons for the maintenance. ( iv) All your emission tests, including documentation on routine and standard tests, as specified in 40 CFR part 1065, and the date and purpose of each test. ( v) All tests to diagnose engine or emission control performance, giving the date and time of each and the reasons for the test. ( vi) Any other significant events. ( 4) Production figures for each engine family divided by assembly plant. ( 5) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity. ( b) Keep data from routine emission tests ( such as test cell temperatures and relative humidity readings) for one year after we issue the associated certificate of conformity. Keep all other information specified in paragraph ( a) of this section for eight years after we issue your certificate. ( c) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any time. ( d) Send us copies of any maintenance instructions or explanations if we ask for them.

227. Section 1051.255 is revised to read as follows: § 1051.255 What decisions may EPA make regarding my certificate of conformity? ( a) If we determine your application is complete and shows that the engine family meets all the requirements of this part and the Act, we will issue a certificate of conformity for your engine family for that model year. We may make the approval subject to additional conditions. ( b) We may deny your application for certification if we determine that your engine family fails to comply with emission standards or other requirements of this part or the Act. Our decision may be based on a review of all information available to us. If we deny your application, we will explain why in writing. ( c) In addition, we may deny your application or suspend or revoke your certificate if you do any of the following: ( 1) Refuse to comply with any testing or reporting requirements. ( 2) Submit false or incomplete information ( paragraph ( e) of this section applies if this is fraudulent). ( 3) Render inaccurate any test data. ( 4) Deny us from completing authorized activities despite our presenting a warrant or court order ( see 40 CFR 1068.20). This includes a failure to provide reasonable assistance. ( 5) Produce engines for importation into the United States at a location where local law prohibits us from carrying out authorized activities. ( 6) Fail to supply requested information or amend your application to include all engines being produced. ( 7) Take any action that otherwise circumvents the intent of the Act or this part. ( d) We may void your certificate if you do not keep the records we require or do not give us information when we ask for it. ( e) We may void your certificate if we find that you intentionally submitted false or incomplete information. ( f) If we deny your application or suspend, revoke, or void your certificate, you may ask for a hearing ( see § 1051.820).

228. The heading for subpart D is revised to read as follows: Subpart D   Testing Production line Vehicles and Engines 107 N  ( t 95 ×  )

( x

STD) 2  1 229. Section 1051.301 is amended by revising paragraph ( a) to read as follows: § 1051.301 When must I test my production line vehicles or engines? ( a) If you produce vehicles that are subject to the requirements of this part, you must test them as described in this subpart. If your vehicle is certified to g/ kW hr standards, then test the engine; otherwise, test the vehicle. The provisions of this subpart do not apply to small volume manufacturers. * * * * *

230. Section 1051.305 is amended by revising paragraphs ( d)( 1), ( e), ( f), and ( g) to read as follows: § 1051.305 How must I prepare and test my production line vehicles or engines? * * * * * ( d) * * * ( 1) We may adjust or require you to adjust idle speed outside the physically adjustable range as needed only until the vehicle or engine has stabilized emission levels ( see paragraph ( e) of this section). We may ask you for information needed to establish an alternate minimum idle speed. * * * * * ( e) Stabilizing emission levels. Before you test production line vehicles or engines, you may operate the vehicle or engine to stabilize the emission levels. Using good engineering judgment, operate your vehicles or engines in a way that represents the way they will be used. You may operate each vehicle or engine for no more than the greater of two periods: ( 1) 50 hours or 500 kilometers. ( 2) The number of hours or kilometers you operated the emission data vehicle used for certifying the engine family ( see 40 CFR part 1065, subpart E, or the applicable regulations governing how you should prepare your test vehicle or engine). ( f) Damage during shipment. If shipping a vehicle or engine to a remote facility for production line testing makes necessary an adjustment or repair, you must wait until after the initial emission test to do this work. We may waive this requirement if the test would be impossible or unsafe, or if it would permanently damage the vehicle or engine. Report to us, in your written report under § 1051.345, all adjustments or repairs you make on test vehicles or engines before each test. ( g) Retesting after invalid tests. You may retest a vehicle or engine if you determine an emission test is invalid under subpart F of this part. Explain in your written report reasons for invalidating any test and the emission results from all tests. If you retest a vehicle or engine, you may ask us to substitute results of the new tests for the original ones. You must ask us within ten days of testing. We will generally answer within ten days after we receive your information.

231. Section 1051.310 is amended by revising paragraphs ( c) introductory text, ( c)( 2), ( f), ( g), and ( i) to read as follows: § 1051.310 How must I select vehicles or engines for production line testing? * * * * * ( c) Calculate the required sample size for each engine family. Separately calculate this figure for HC, NOx ( or HC+ NOx), and CO ( and other regulated pollutants). The required sample size is the greater of these calculated values. Use the following equation:

Where: N = Required sample size for the model year. 108

( X i

x) 2 n

1 t95 = 95% confidence coefficient, which depends on the number of tests completed, n, as specified in the table in paragraph ( c)( 1) of this section. It defines 95% confidence intervals for a one tail distribution. x = Mean of emission test results of the sample. STD = Emission standard ( or family emission limit, if applicable).

  = Test sample standard deviation ( see paragraph ( c)( 2) of this section). n = The number of tests completed in an engine family.

* * * ( 2) Calculate the standard deviation,  , for the test sample using the following formula:

Where: Xi = Emission test result for an individual vehicle or engine. * * * * * ( f) Distribute the remaining vehicle or engine tests evenly throughout the rest of the year. You may need to adjust your schedule for selecting vehicles or engines if the required sample size changes. Continue to randomly select vehicles or engines from each engine family. ( g) Continue testing any engine family for which the sample mean, x, is greater than the emission standard. This applies if the sample mean for either HC, NOx ( or HC+ NOx), or CO ( or other regulated pollutants) is greater than the emission standard. Continue testing until one of the following things happens: ( 1) The number of tests completed in an engine family, n, is greater than the required sample size, N, and the sample mean, x, is less than or equal to the emission standard. For example, if N = 3.1 after the third test, the sample size calculation does not allow you to stop testing. ( 2) The engine family does not comply according to § 1051.315. ( 3) You test 30 vehicles or engines from the engine family. ( 4) You test five engines and one percent of your projected annual U. S. directed production volume for the engine family. ( 5) You choose to declare that the engine family fails the requirements of this subpart. * * * * * ( i) You may elect to test more randomly chosen vehicles or engines than we require under this section. Include these vehicles or engines in the sample size calculations.

232. Section 1051.325 is amended by revising paragraph ( d) to read as follows: § 1051.325 What happens if an engine family fails the production line requirements? * * * * * ( d) Section 1051.335 specifies steps you must take to remedy the cause of the engine family's production line failure. All the vehicles you have produced since the end of the last test period are presumed noncompliant and should be addressed in your proposed remedy. We may require you to apply the remedy to engines produced earlier if we determine that the cause of the failure is likely to have affected the earlier engines. * * * * *

233. Section 1051.345 is amended by revising paragraphs ( a) introductory text, ( a)( 5), and ( a)( 10) to read as follows: § 1051.345 What production line testing records must I send to EPA? * * * * * ( a) Within 30 calendar days of the end of each test period, send us a report with the following information: * * * 109 ( 5) Identify how you accumulated hours of operation on the vehicles or engines and describe the procedure and schedule you used. * * * * * ( 10) State the date the test period ended for each engine family. * * * * *

234. Section 1051.350 is amended by revising paragraph ( a) introductory text to read as follows: § 1051.350 What records must I keep? ( a) Organize and maintain your records as described in this section. We may review your records at any time. * * * * *

235. Section 1051.501 is amended by revising the introductory text and paragraphs ( a) and ( b) and adding paragraph ( e)( 3) to read as follows: § 1051.501 What procedures must I use to test my vehicles or engines? This section describes test procedures that you used to determine whether vehicles meet the emission standards of this part. See § 1051.235 to determine when testing is required for certification. See subpart D of this part for the production line testing requirements. ( a) Snowmobiles. For snowmobiles, use the equipment and procedures for spark ignition engines in part 1065 of this chapter to determine whether your snowmobiles meet the duty cycle emission standards in § 1051.103. Measure the emissions of all the pollutants we regulate in § 1051.103 using the dilute sampling procedures in 40 CFR part 1065. For steady state testing, you may use raw gas sampling methods ( such as those described in 40 CFR part 91), as long as they have been shown to produce measurements equivalent to the dilute sampling methods specified in 40 CFR part 1065. Use the duty cycle specified in § 1051.505. ( b) Motorcycles and ATVs. For motorcycles and ATVs, use the equipment, procedures, and duty cycle in 40 CFR part 86, subpart F, to determine whether your vehicles meet the exhaust emission standards in § 1051.105 or § 1051.107. Measure the emissions of all the pollutants we regulate in § 1051.105 or § 1051.107. If we allow you to certify ATVs based on engine testing, use the equipment, procedures, and duty cycle described or referenced in the section that allows engine testing. For motorcycles with engine displacement at or below 169 cc and all ATVs, use the driving schedule in paragraph ( c) of Appendix I to 40 CFR part 86. For all other motorcycles, use the driving schedule in paragraph ( b) of Appendix I to part 86. With respect to vehicle speed governors, test motorcycles and ATVs in their ungoverned configuration, unless we approve in advance testing in a governed configuration. We will only approve testing in a governed configuration if you can show that the governor is permanently installed on all production vehicles and is unlikely to be removed in use. With respect to engine speed governors, test motorcycles and ATVs in their governed configuration. * * * * * ( e) * * * ( 3) You may test engines using a test speed based on the point of maximum power if that represents in use operation better than testing based on maximum test speed. * * * * *

236. Section 1051.505 is amended by revising paragraph ( a) before the table and paragraphs ( b)( 3), ( e), and ( f) to read as follows: § 1051.505 What special provisions apply for testing snowmobiles? ( a) Measure emissions by testing the engine on a dynamometer with the following duty cycle to determine whether it meets the emission standards in § 1051.103: * * * * * ( b) * * * ( 3) Keep engine torque under 5 percent of maximum test torque. * * * * * ( e) See 40 CFR part 1065 for detailed specifications of tolerances and calculations. ( f) You may test snowmobiles at ambient temperatures below 20 ° C or using intake air temperatures below 20 ° C if you show that such testing complies with 40 CFR 1065.10( c)( 1). You must get our approval before you begin the emission testing. For example, the following approach would be appropriate to show that such testing complies with 40 CFR 1065.10( c)( 1): * * * * *

237. Section 1051.515 is amended by revising paragraphs ( a)( 5) and ( b) to read as follows: § 1051.515 How do I test my fuel tank for permeation emissions? * * * * * ( a) * * * ( 5) Seal the fuel tank using fuel caps and other fittings that would be used to seal openings in a production fuel tank. In cases where openings are not normally sealed on the fuel tank ( such as hose connection fittings and vents in fuel caps), these openings may be sealed using nonpermeable fittings such as metal or fluoropolymer plugs. ( b) Permeation test run. To run the test, take the following steps for a tank that was preconditioned as specified in paragraph ( a) of this section: ( 1) Weigh the sealed fuel tank and record the weight to the nearest 0.1 grams. You may use less precise weights as long as the difference in mass from the start of the test to the end of the test has at least three significant figures. Take this measurement within 8 hours of filling the tank with test fuel as specified in paragraph ( a)( 3) of this section. ( 2) Carefully place the tank within a ventilated, temperature controlled room or enclosure. Do not spill or add any fuel. ( 3) Close the room or enclosure and record the time. ( 4) Ensure that the measured temperature in the room or enclosure is 28 ± 2 ° C. ( 5) Leave the tank in the room or enclosure for 14 days. ( 6) Hold the temperature of the room or enclosure to 28 ± 2 ° C; measure and record the temperature at least daily. ( 7) At the end of the soak period, weigh the sealed fuel tank and record the weight to the nearest 0.1 grams. You may use less precise weights as long as the difference in mass from the start of the test to the end of the test has at least three significant figures. Unless the same fuel is used in the preconditioning fuel soak and the permeation test run, record weight measurements on five separate days per week of testing. The test is void if a linear plot of tank weight vs. test days for the full soak period for permeation testing specified in paragraph ( b)( 5) of this section yields an R squared value below 0.8. ( 8) Subtract the weight of the tank at the end of the test from the weight of the tank at the beginning of the test; divide the difference by the internal surface area of the fuel tank. Divide this g/ m2 value by the number of test days ( using at least three significant figures) to calculate the g/ m2/ day emission rate. Example: If a tank with an internal surface area of 0.72 m2 weighed 31882.3 grams at the beginning of the test and weighed 31760.2 grams after soaking for 14.03 days, then the g/ m2/ day emission rate would be   ( 31882.3 g  31813.8 g) / 0.72 m2 / 14.03 days = 6.78 g/ m2/ day. ( 9) Round your result to the same number of decimal places as the emission standard. ( 10) In cases where consideration of permeation rates, using good engineering judgment, leads you to conclude that soaking for 14 days is not long enough to measure weight change to at least three significant figures, you may soak for 14 days longer. In this case, repeat steps ( b)( 8) and ( 9) of this section to determine the weight change for the full 28 days. * * * * *

238. Section 1051.520 is revised to read as follows: § 1051.520 How do I perform exhaust durability testing? 95 Sections 1051.240 and 1051.243 describe the method for testing that must be performed to establish deterioration factors for an engine family.

239. Section 1051.605 is revised to read as follows: § 1051.605 What provisions apply to engines already certified under the motor vehicle program or the Large Spark ignition program? ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce into commerce new recreational vehicles, and engines for recreational vehicles, if the engines are already certified to the requirements that apply to spark ignition engines under 40 CFR parts 85 and 86 or 40 CFR part 1048 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 or 1048 for each engine to also be a valid certificate of conformity under this part 1051 for its model year, without a separate application for certification under the requirements of this part 1051. See § 1051.610 for similar provisions that apply to vehicles that are already certified to the vehicle based standards for motor vehicles. ( b) Vehicle manufacturer provisions. If you are not an engine manufacturer, you may install an engine certified for the appropriate model year under 40 CFR part 86 or 1048 in a recreational vehicle as long as the engine has been properly labeled as specified in paragraphs ( d)( 4) through ( 6) of this section and you do not make any of the changes described in paragraph ( d)( 2) of this section. If you modify the non recreational engine in any of the ways described in paragraph ( d)( 2) of this section for installation in a recreational vehicle, we will consider you a manufacturer of recreational vehicles. Such engine modifications prevent you from using the provisions of this section. ( c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86 or 40 CFR part 1048. This paragraph ( c) applies to engine manufacturers, vehicle manufacturers who use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of § 1068.101( a)( 1) apply to these new engines and vehicles; however, we consider the certificate issued under 40 CFR part 86 or 1048 for each engine to also be a valid certificate of conformity under this part 1051 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under this part 1051 or under 40 CFR part 85 or 1068.505. ( d) Specific requirements. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new engine, the vehicle using the engine is eligible for an exemption under this section: ( 1) Your engine must be covered by a valid certificate of conformity issued under 40 CFR part 86 or 1048. ( 2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption: ( i) Change any fuel system or evaporative system parameters from the certified configuration ( this does not apply to refueling controls). ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. ( iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges. ( 3) You must show that fewer than 50 percent of the engine model's total sales for the model year, from all companies, are used in recreational vehicles, as follows: ( i) If you are the original manufacturer of the engine, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information. ( 4) You must ensure that the engine has the emission control information label we require under 40 CFR part 86 or 1048. ( 5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vehicle. In the supplemental label, do the following: 96 ( i) Include the heading: " RECREATIONAL VEHICLE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. ( iii) State: " THIS ENGINE WAS ADAPTED FOR A RECREATIONAL USE WITHOUT AFFECTING ITS EMISSION CONTROLS.". ( iv) State the date you finished installation ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible after the engine is installed in the vehicle or, if the vehicle obscures the engine's emission control information label, the make sure the vehicle manufacturer attaches duplicate labels, as described in 40 CFR 1068.105. ( 7) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed engine model for recreational application without making any changes that could increase its certified emission levels, as described in 40 CFR 1051.605.". ( e) Failure to comply. If your engines do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1051 and the certificate issued under 40 CFR part 86 or 1048 will not be deemed to also be a certificate issued under this part 1051. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101( a)( 1). ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Engines adapted for recreational use under this section may not generate or use emission credits under this part 1051. These engines may generate credits under the ABT provisions in 40 CFR part 86. These engines must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard.