228. Section 1048.205 is revised to read as follows: § 1048.205 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 § 1048.201( 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 engine's design and emission controls. List the fuel types on which your engines are designed to operate ( for example, gasoline and natural gas). List each distinguishable engine configuration in the engine family. 102 ( b) Explain how the emission control system operates. 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 engine. Describe the evaporative emission controls. 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 equipment 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. ( 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 equipment: ( i) Identify the engine and/ or equipment 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) Explain how the engine diagnostic system works, describing especially the engine conditions ( with the corresponding diagnostic trouble codes) that cause the malfunction indicator light to go on. Propose what you consider to be extreme conditions under which the diagnostic system 103 should disregard trouble codes, as described in § 1048.110. ( d) Describe the 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 § 1048.501). ( f) Describe how you operated the emission data engine before testing, including the duty cycle and the number of engine operating hours 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 each test fuel to show that it falls within the required ranges we specify in 40 CFR part 1065, subpart H. ( h) Identify the engine family's useful life. ( i) Include the maintenance instructions you will give to the ultimate purchaser of each new nonroad engine ( see § 1048.125). ( j) Include the emission related installation instructions you will provide if someone else installs your engines in a piece of nonroad equipment ( see § 1048.130). ( k) Identify each high cost warranted part and show us how you calculated its replacement cost, including the estimated retail cost of the part, labor rates, and labor hours to diagnose and replace defective parts. ( l) Describe your emission control information label ( see § 1048.135). ( m) Identify the emission standards to which you are certifying engines in the engine family. ( n) Identify the engine family's deterioration factors and describe how you developed them ( see § 1048.240). Present any emission test data you used for this. ( o) State that you operated your emission data engines as described in the application ( including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part. ( p) Present emission data to show that you meet emission standards, as follows: ( 1) Present exhaust emission data for HC, NOx, and CO on an emission data engine to show your engines meet the applicable duty cycle emission standards we specify in § 1048.101. Show emission figures before and after applying adjustment factors for deterioration factors for each engine. Include test data for each type of fuel from 40 CFR part 1065, subpart H, on which you intend for engines in the engine family to operate ( for example, gasoline, liquefied petroleum gas, methanol, or natural gas). If we specify more than one grade of any fuel type ( for example, a summer grade and winter grade of gasoline), you only need to submit test data for one grade, unless the regulations of this part specify otherwise for your engine. Note that § 1048.235 allows you to submit an application in certain cases without new emission data. ( 2) If your engine family includes a volatile liquid fuel ( and you do not use design based certification under § 1048.245), present evaporative test data to show your vehicles meet the evaporative emission standards we specify in subpart B of this part. Show these figures before and after applying deterioration factors, where applicable. ( q) State that all the engines in the engine family comply with the field testing emission standards we specify in § 1048.104 for all normal operation and use when tested as specified in § 1048.515. Describe any relevant testing, engineering analysis, or other information in sufficient detail to support your statement. ( r) For engines with maximum engine power above 560 kW, include information showing how your emission controls will function during normal in use transient operation. For example, this 104 might include the following: ( 1) Emission data from transient testing of engines using measurement systems designed for measuring in use emissions. ( 2) Comparison of the engine design for controlling transient emissions with that from engines for which you have emission data over the transient duty cycle for certification. ( 3) Detailed descriptions of control algorithms and other design parameters for controlling transient emissions. ( s) 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 CO 2, 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. ( t) Describe all adjustable operating parameters ( see § 1048.115( 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. ( u) Provide the information to read, record, and interpret all the information broadcast by an engine's onboard computers and electronic control units. State that, upon request, you will give us any hardware, software, or tools we would need to do this. If you broadcast a surrogate parameter for torque values, you must provide us what we need to convert these into torque units. You may reference any appropriate publicly released standards that define conventions for these messages and parameters. Format your information consistent with publicly released standards. ( v) 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. ( w) State whether your engine will operate in variable speed applications, constant speed applications, or both. If your certification covers only constant speed or only variable speed applications, describe how you will prevent use of these engines in applications for which they are not certified. ( x) Unconditionally certify that all the engines in the engine family comply with the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. ( y) Include estimates of U. S. directed production volumes. ( z) Include other applicable information, such as information specified in this part or part 1068 of this chapter related to requests for exemptions. ( aa) Name an agent for service of process located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part. 105 229. Section 1048.210 is revised to read as follows: § 1048.210 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. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. 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.

230. Section 1048.215 is removed.

231. Section 1048.220 is revised to read as follows: § 1048.220 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 § 1048.125. 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 engines. ( 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.

232. Section 1048.225 is revised to read as follows: § 1048.225 How do I amend my application for certification to include new or modified engines? Before we issue you a certificate of conformity, you may amend your application to include new or modified engine 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 106 include new or modified engine 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 either of the following actions: ( 1) Add an engine ( that is, an additional engine configuration) to an engine family. In this case, the engine added must be consistent with other engines in the engine family with respect to the criteria listed in § 1048.230. ( 2) Change an engine 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. ( 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 engine 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 engine is still appropriate with respect to showing compliance of the amended family with all applicable requirements. ( 3) If the original emission data engine for the engine family is not appropriate to show compliance for the new or modified nonroad engine, include new test data showing that the new or modified nonroad engine 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 nonroad engine. You may ask for a hearing if we deny your request ( see § 1048.820). ( e) For engine families already covered by a certificate of conformity, you may start producing the new or modified nonroad engine 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 engines do not meet applicable requirements, we will notify you to cease production of the engines and may require you to recall the engines at no expense to the owner. Choosing to produce engines under this paragraph ( e) is deemed to be consent to recall all engines 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 nonroad engines.

233. Section 1048.230 is revised to read as follows: § 1048.230 How do I select engine families? ( a) Divide your product line into families of engines that are expected to have similar emission characteristics throughout the useful life. Your engine family is limited to a single model year. ( b) Group engines in the same engine family if they are the same in all of the following aspects: ( 1) The combustion cycle. 107 ( 2) The cooling system ( water cooled vs. air cooled). ( 3) Configuration of the fuel system ( for example, fuel injection vs. carburetion). ( 4) Method of air aspiration. ( 5) The number, location, volume, and composition of catalytic converters. ( 6) The number, arrangement, and approximate bore diameter of cylinders. ( 7) Evaporative emission controls. ( c) You may subdivide a group of engines that is identical under paragraph ( b) of this section into different engine families if you show the expected emission characteristics are different during the useful life. ( d) You may group engines that are not identical with respect to the things listed in paragraph ( b) of this section in the same engine family if you show that their emission characteristics during the useful life will be similar. ( e) You may create separate families for exhaust emissions and evaporative emissions. If we do this, list both families on the emission control information label. ( f) Where necessary, you may divide an engine family into sub families to meet different emission standards, as specified in § 1048.101( a)( 2). For issues related to compliance and prohibited actions, we will generally apply decisions to the whole engine family. For engine labels and other administrative provisions, we may approve your request for separate treatment of sub families.

234. Section 1048.235 is revised to read as follows: § 1048.235 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 § § 1048.101( a) and ( b) and 1048.105 during certification. See § 1048.205( q) regarding emission testing related to the field testing standards. See § 1048.240 and 40 CFR part 1065, subpart E, regarding service accumulation before emission testing. ( a) Test your emission data engines using the procedures and equipment specified in subpart F of this part. For any testing related to evaporative emissions, use good engineering judgment to include a complete fuel system with the engine. ( b) Select emission data engines according to the following criteria: ( 1) Exhaust testing. For each fuel type from each engine family, select an emission data engine with a configuration that is most likely to exceed the exhaust emission standards, using good engineering judgment. Consider the emission levels of all exhaust constituents over the full useful life of the engine when operated in a piece of equipment. ( 2) Evaporative testing. For each engine family that includes a volatile liquid fuel, select a test fuel system with a configuration that is most likely to exceed the evaporative emission standards, using good engineering judgment. ( c) We may measure emissions from any of your test engines or other 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 engine to a test facility we designate. The test 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 108 available the instruments, personnel, and equipment we need. ( 2) If we measure emissions on one of your test engines, the results of that testing become the official emission results for the engine. 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 engines, we may set its adjustable parameters to any point within the physically adjustable ranges ( see § 1048.115( e)). ( 4) Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. ( d) 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: ( 1) The engine family from the previous model year differs from the current engine family only with respect to model year. ( 2) The emission data engine from the previous model year remains the appropriate emission data engine under paragraph ( b) of this section. ( 3) The data show that the emission data engine would meet all the requirements that apply to the engine family covered by the application for certification. ( e) We may require you to test a second engine of the same or different configuration in addition to the 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.

235. Section 1048.240 is revised to read as follows: § 1048.240 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 emission standards in § 1048.101( a) and ( b) if all emission data engines representing that family have test results showing deteriorated emission levels at or below these standards. ( b) Your engine family is deemed not to comply if any emission data engine representing that family has test results showing a deteriorated emission level above an applicable emission standard from § 1048.101 for any pollutant. ( c) To compare emission levels from the emission data engine with the applicable emission standards, apply deterioration factors to the measured emission levels for each pollutant. Specify the deterioration factors based on emission measurements using four significant figures, consistent with good engineering judgment. For example, your deterioration factors must take into account any available data from in use testing with similar engines ( see subpart E of this part). Smallvolume engine manufacturers may use assigned deterioration factors that we establish. Apply deterioration factors as follows: ( 1) Multiplicative deterioration factor. For engines that use aftertreatment technology, such as catalytic converters, use a multiplicative deterioration factor for exhaust emissions. A multiplicative deterioration factor is the ratio of exhaust emissions at the end of useful life to exhaust emissions at the low hour test point. Adjust the official emission results for 109 each tested engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the factor is less than one, use one. ( 2) Additive deterioration factor. For engines that do not use aftertreatment technology, use an additive deterioration factor for exhaust emissions. An additive deterioration factor is the difference between exhaust emissions at the end of useful life and exhaust emissions at the low hour test point. Adjust the official emission results for each tested engine at the selected test point by adding the factor to the measured emissions. If the factor is less than zero, use zero. ( 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 engine. In the case of HC+ NOx standards, apply the deterioration factor to each pollutant and then add the results before rounding.

236. Section 1048.245 is amended by revising paragraph ( e)( 1)( i) to read as follows: § 1048.245 How do I demonstrate that my engine family complies with evaporative emission standards? * * * * * ( e) * * * ( 1) * * * ( i) Use a tethered or self closing gas cap on a fuel tank that stays sealed up to a positive pressure of 24.5 kPa ( 3.5 psig) or a vacuum pressure of 0.7 kPa ( 0.1 psig). * * * * *

237. Section 1048.250 is amended by revising paragraphs ( a) and ( c) to read as follows: § 1048.250 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 § 1048.205 that you were not required to include in your application. ( 3) A detailed history of each emission data engine. For each engine, describe all of the following: ( i) The emission data engine's construction, including its origin and buildup, steps you took to ensure that it represents production engines, any components you built specially for it, and all the components you include in your application for certification. ( ii) How you accumulated engine operating hours ( service accumulation), 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 part 40 CFR part 1065, and the date and purpose of each test. 110 ( 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. * * * * * ( 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. * * * * *

238. Section 1048.255 is revised to read as follows: § 1048.255 When may EPA deny, revoke, or void 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 § 1048.820).

239. Section 1048.301 is amended by revising paragraphs ( a) and ( f) to read as follows: 111 N

( t 95 ×  )

( x  STD) 2  1 § 1048.301 When must I test my production line engines? ( a) If you produce engines that are subject to the requirements of this part, you must test them as described in this subpart. * * * * * ( f) We may ask you to make a reasonable number of production line engines available for a reasonable time so we can test or inspect them for compliance with the requirements of this part. See 40 CFR 1068.27.

240. Section 1048.305 is amended by revising paragraphs ( d)( 1), ( f), and ( g) to read as follows: § 1048.305 How must I prepare and test my production line engines? * * * * * ( d) * * * ( 1) We may adjust or require you to adjust idle speed outside the physically adjustable range as needed only until the 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. * * * * * ( f) Damage during shipment. If shipping an 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 engine. Report to us, in your written report under § 1048.345, all adjustments or repairs you make on test engines before each test. ( g) Retesting after invalid tests. You may retest an 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 an engine and, within ten days after testing, ask to substitute results of the new tests for the original ones, we will answer within ten days after we receive your information.

241. Section 1048.310 is amended by revising paragraphs ( c) introductory text, ( c)( 2), ( g), ( h), and ( i) to read as follows: § 1048.310 How must I select engines for production line testing? * * * * * ( c) Calculate the required sample size for each engine family. Separately calculate this figure for HC+ NOx and for CO. The required sample size is the greater of these two calculated values. Use the following equation:

Where: N = Required sample size for the model year. t 95 = 95% confidence coefficient, which depends on the number of tests completed, n, as specified in the table in paragraph ( c)( 1) of this 112

( X i  x) 2 n  1 section. It defines 95% confidence intervals for a one tail distribution. x = Mean of emission test results of the sample. STD = Emission standard.   = 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: X i = Emission test result for an individual engine. * * * * * ( 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 for CO 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 § 1048.315. ( 3) You test 30 engines from the engine family. ( 4) You test one percent of your projected annual U. S. directed production volume for the engine family, rounded to the nearest whole number. If your projected production is between 150 and 750 engines, test engines as specified in paragraph ( b) of this section until you have tested one percent of your projected annual U. S. directed production volume. For example, if projected volume is 475 engines, test two engines in each of the first two quarters and one engine in the third quarter to fulfill your testing requirements under this section for that engine family. If your projected production volume is less than 150, you must test at least two engines. ( 5) You choose to declare that the engine family does not comply with the requirements of this subpart. ( h) If the sample size calculation allows you to stop testing for a pollutant, you must continue measuring emission levels of that pollutant for any additional tests required under this section. However, you need not continue making the calculations specified in this section for that pollutant. This paragraph ( h) does not affect the requirements in § 1048.320. ( i) You may elect to test more randomly chosen engines than we require under this section. Include these engines in the sample size calculations. 113 242. Section 1048.315 is amended by revising the introductory text to read as follows: § 1048.315 How do I know when my engine family fails the production line testing requirements? This section describes the pass/ fail criteria for the production line testing requirements. We apply these criteria on an engine family basis. See § 1048.320 for the requirements that apply to individual engines that fail a production line test. * * * * *

243. Section 1048.325 is amended by revising paragraph ( d) to read as follows: § 1048.325 What happens if an engine family fails the production line requirements? * * * * * ( d) Section 1048.335 specifies steps you must take to remedy the cause of the engine family's production line failure. All the engines 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.

244. Section 1048.345 is amended by revising paragraph ( d) to read as follows: § 1048.345 What production line testing records must I send to EPA? * * * * * ( d) Send electronic reports of production line testing to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver. * * * * *

245. Section 1048.350 is amended by revising paragraph ( a) to read as follows: § 1048.350 What records must I keep? ( a) Organize and maintain your records as described in this section. We may review your records at any time. * * * * *

246. Section 1048.420 is amended by revising paragraph ( b) to read as follows: § 1048.420 What in use testing information must I report to EPA? * * * * * ( b) Send electronic reports of in use testing to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.

* * * * *

247. Section 1048.425 is amended by revising paragraph ( a) to read as follows: 114 § 1048.425 What records must I keep? ( a) Organize and maintain your records as described in this section. We may review your records at any time. * * * * *

248. Section 1048.501 is revised to read as follows: § 1048.501 How do I run a valid emission test? ( a) Use the equipment and procedures for spark ignition engines in 40 CFR part 1065 to determine whether engines meet the duty cycle emission standards in § 1048.101( a) and ( b). Measure the emissions of all the pollutants we regulate in § 1048.101 using the sampling procedures specified in 40 CFR part 1065. Use the applicable duty cycles specified in § § 1048.505 and 1048.510. ( b) Section 1048.515 describes the supplemental procedures for evaluating whether engines meet the field testing emission standards in § 1048.101( c). ( c) Use the fuels specified in 40 CFR part 1065, subpart C, to perform valid tests for all the testing we require in this part, except as noted in § 1048.515. For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in use engines will use. ( d) In place of the provisions of 40 CFR 1065.405, you may consider emission levels stable without measurement after 50 hours of engine operation. ( e) To test engines for evaporative emissions, use the equipment and procedures specified for testing diurnal emissions in 40 CFR 86.107 96 and 86.133 96 with fuel meeting the specifications in 40 CFR part 1065, subpart C. Measure emissions from a test engine with a complete fuel system. Reported emission levels must be based on the highest emissions from three successive 24 hour periods of cycling temperatures. Note that you may omit testing for evaporative emissions during certification if you certify by design, as specified in § 1048.245. ( f) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10. ( g) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission standards. ( h) Map all engines ( including constant speed engines) using the procedures specified in 40 CFR part 1065 for variable speed engines. For constant speed engines, continue the mapping procedure until you reach the high idle speed ( the highest speed at which the engine produces zero torque).

249. Section 1048.505 is revised to read as follows: § 1048.505 How do I test engines using steady state duty cycles, including ramped modal testing? This section describes how to test engines under steady state conditions. In some cases, we allow you to choose the appropriate steady state duty cycle for an engine. In these cases, you must use the duty cycle you select in your application for certification for all testing you perform for that engine family. If we test your engines to confirm that they meet emission standards, we will use 115 the duty cycles you select for your own testing. We may also perform other testing as allowed by the Clean Air Act. ( a) You may perform steady state testing with either discrete mode or ramped modal cycles, as follows: ( 1) For discrete mode testing, sample emissions separately for each mode, then calculate an average emission level for the whole cycle using the weighting factors specified for each mode. Calculate cycle statistics for the sequence of modes and compare with the specified values in 40 CFR 1065.514 to confirm that the test is valid. Operate the engine and sampling system as follows: ( i) Engines with lean NOx aftertreatment. For lean burn engines that depend on aftertreatment to meet the NOx emission standard, operate the engine for 5 6 minutes, then sample emissions for 1 3 minutes in each mode. ( ii) Engines without lean NOx aftertreatment. For other engines, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute in each mode. Calculate cycle statistics for the sequence of modes and compare with the specified values in 40 CFR part 1065 to confirm that the test is valid. ( 2) For ramped modal testing, start sampling at the beginning of the first mode and continue sampling until the end of the last mode. Calculate emissions and cycle statistics the same as for transient testing. ( b) Measure emissions by testing the engine on a dynamometer with one or more of the following sets of duty cycles to determine whether it meets the steady state emission standards in § 1048.101( b): ( 1) For engines from an engine family that will be used only in variable speed applications, use one of the following duty cycles: ( i) The following duty cycle applies for discrete mode testing: Table 1 of § 1048.505 C2 Mode Number Engine Speed1 Observed Torque2 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test speed 25 3.0 0.06 2 Intermediate test speed 100 3.0 0.02 3 Intermediate test speed 75 3.0 0.05 4 Intermediate test speed 50 3.0 0.32 5 Intermediate test speed 25 3.0 0.30 6 Intermediate test speed 10 3.0 0.10 7 Idle 0 3.0 0.15 1 Speed terms are defined in 40 CFR part 1065. 2 The percent torque is relative to the maximum torque at the given engine speed. 116 ( ii) The following duty cycle applies for ramped modal testing: Table 2 of § 1048.505 RMC Mode Time in Mode ( seconds) Engine Speed1,2 Torque ( percent) 2,3 1a Steady state 119 Warm Idle 0 1b Transition 20 Linear Transition Linear Transition 2a Steady state 29 Intermediate Speed 100 2b Transition 20 Intermediate Speed Linear Transition 3a Steady state 150 Intermediate Speed 10 3b Transition 20 Intermediate Speed Linear Transition 4a Steady state 80 Intermediate Speed 75 4b Transition 20 Intermediate Speed Linear Transition 5a Steady state 513 Intermediate Speed 25 5b Transition 20 Intermediate Speed Linear Transition 6a Steady state 549 Intermediate Speed 50 5b Transition 20 Linear Transition Linear Transition 6a Steady state 96 Maximum test speed 25 6b Transition 20 Linear Transition Linear Transition 7 Steady state 124 Warm Idle 0 1 Speed terms are defined in 40 CFR part 1065. 2 Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode. 3 The percent torque is relative to maximum torque at the commanded engine speed.

( 2) For engines from an engine family that will be used only at a single, rated speed, use one of the following duty cycles: ( i) The following duty cycle applies for discrete mode testing: Table 3 of § 1048.505 D2 Mode Number Engine Speed Torque1 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test 100 3.0 0.05 2 Maximum test 75 3.0 0.25 3 Maximum test 50 3.0 0.30 4 Maximum test 25 3.0 0.30 5 Maximum test 10 3.0 0.10 1The percent torque is relative to the maximum torque at maximum test speed. 117 ( ii) The following duty cycle applies for ramped modal testing: Table 4 of § 1048.505 RMC Mode Time in mode ( seconds) Engine Speed Torque ( percent) 1,2 1a Steady state 53 Engine Governed 100 1b Transition 20 Engine Governed Linear transition 2a Steady state 101 Engine Governed 10 2b Transition 20 Engine Governed Linear transition 3a Steady state 277 Engine Governed 75 3b Transition 20 Engine Governed Linear transition 4a Steady state 339 Engine Governed 25 4b Transition 20 Engine Governed Linear transition 5 Steady state 350 Engine Governed 50 1 The percent torque is relative to maximum test torque. 2 Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode.

( 3) Use a duty cycle from both paragraphs ( b)( 1) and ( b)( 2) of this section if you will not restrict an engine family to constant speed or variable speed applications. ( 4) Use a duty cycle specified in paragraph ( b)( 2) of this section for all severe duty engines. ( 5) For high load engines, use one of the following duty cycles: ( i) The following duty cycle applies for discrete mode testing: Table 5 of § 1048.505 D1 Mode Number Engine Speed Torque1 Minimum Time in mode ( minutes) Weighting Factors 1 Maximum test 100 3.0 0.50 2 Maximum test 75 3.0 0.50 1The percent torque is relative to the maximum torque at maximum test speed. 118 ( ii) The following duty cycle applies for discrete mode testing: Table 6 of § 1048.505 RMC Modes Time in Mode ( seconds) Engine Speed ( percent) Torque ( percent) 1,2 1a Steady state 290 Engine Governed 100 1b Transition 20 Engine Governed Linear Transition 2 Steady state 290 Engine Governed 75 1 The percent torque is relative to maximum test torque. 2 Advance from one mode to the next within a 20 second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode.

( c) If we test an engine to confirm that it meets the duty cycle emission standards, we will use the steady state duty cycles that apply for that engine family. ( d) During idle mode, operate the engine with the following parameters: ( 1) Hold the speed within your specifications. ( 2) Set the engine to operate at its minimum fueling rate. ( 3) Keep engine torque under 5 percent of maximum test torque. ( e) For full load operating modes, operate the engine at wide open throttle. ( f) See 40 CFR part 1065 for detailed specifications of tolerances and calculations. ( g) For those cases where transient testing is not necessary, perform the steady state test according to this section after an appropriate warm up period, consistent with 40 CFR part 1065, subpart F.

250. Section 1048.510 is amended by revising the section heading and paragraphs ( a) and ( c)( 1) to read as follows: § 1048.510 Which duty cycles do I use for transient testing? ( a) Starting with the 2007 model year, measure emissions by testing the engine on a dynamometer with one of the following transient duty cycles to determine whether it meets the transient emission standards in § 1048.101( a): ( 1) For constant speed engines and severe duty engines, use the transient duty cycle described in Appendix I of this part. ( 2) For all other engines, use the transient duty cycle described in Appendix II of this part. * * * * * ( c) * * * ( 1) Operate the engine for the first 180 seconds of the appropriate duty cycle from Appendix I or Appendix II of this part, then allow it to idle without load for 30 seconds. At the end of the 30 second idling period, start measuring emissions as the engine operates over the prescribed duty cycle. For severe duty engines, this engine warm up procedure may include up to 15 minutes of operation over the appropriate duty cycle. * * * * *

251. Section 1048.515 is amended by revising the section heading and paragraphs ( a)( 1) and ( a)( 2) to read as follows: 119 § 1048.515 What are the field testing procedures? ( a) * * * ( 1) Remove the selected engines for testing in a laboratory. You may use an engine dynamometer to simulate normal operation, as described in this section. ( 2) Test the selected engines while they remain installed in the equipment. In 40 CFR part 1065, subpart J, we describe the equipment and sampling methods for testing engines in the field. Use fuel meeting the specifications of 40 CFR part 1065, subpart H, or a fuel typical of what you would expect the engine to use in service. * * * * *

252. Section 1048.601 is revised to read as follows: § 1048.601 What compliance provisions apply to these engines? Engine and equipment manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, the requirements and prohibitions in 40 CFR part 1068, and the provisions of the Act.

253. Section 1048.605 is revised to read as follows: § 1048.605 What provisions apply to engines certified under the motor vehicle program? ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce new nonroad engines into commerce if they are already certified to the requirements that apply to engines under 40 CFR parts 85 and 86 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 for each engine to also be a valid certificate of conformity under this part 1048 for its model year, without a separate application for certification under the requirements of this part 1048. See § 1048.610 for similar provisions that apply to engines certified to chassis based standards for motor vehicles. ( b) Equipment manufacturer provisions. If you are not an engine manufacturer, you may produce nonroad equipment using motor vehicle engines under this section as long as you meet all the requirements and conditions specified in paragraph ( d) of this section. If you modify the motorvehicle engine in any of the ways described in paragraph ( d)( 2) of this section, we will consider you a manufacturer of a new nonroad engine. 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. This applies to engine manufacturers, equipment manufacturers who use these engines, and all other persons as if these engines were used in a motor vehicle. The prohibited acts of 40 CFR1068.101( a)( 1) apply to these new engines and equipment; however, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1048 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 40 CFR part 86 or 40 CFR 1068.505. 120 ( d) Specific requirements. If you are an engine manufacturer or equipment manufacturer and meet all the following criteria and requirements regarding your new nonroad engine, 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. ( 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 family's total sales in the United States are used in nonroad applications. This includes engines used in any application without regard to which company manufactures the vehicle or equipment. Show this 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 label we require under 40 CFR part 86. ( 5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the equipment. In the supplemental label, do the following: ( i) Include the heading: " NONROAD ENGINE 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 NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.". ( iv) State the date you finished modifying the engine ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible after the engine is installed in the equipment or, if the equipment obscures the engine's emission control information label, the equipment manufacturer must attach 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: 121 ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine or equipment models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed [ engine or equipment] model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.605.". ( 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 1048 and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. 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 nonroad use under this section 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 under 40 CFR part 86.

254. Section 1048.610 is revised to read as follows: § 1048.610 What provisions apply to vehicles certified under the motor vehicle program? ( a) General provisions. If you are a motor vehicle manufacturer, this section allows you to introduce new nonroad engines or equipment into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all of the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1048 for its model year, without a separate application for certification under the requirements of this part 1048. See § 1048.605 for similar provisions that apply to motor vehicle engines produced for nonroad equipment. The provisions of this section do not apply to engines certified to meet the requirements for highway motorcycles. ( b) Equipment manufacturer provisions. If you are not a motor vehicle manufacturer, you may produce nonroad equipment from motor vehicles under this section as long as you meet all the requirements and conditions specified in paragraph ( d) of this section. If you modify the motor vehicle or its engine in any of the ways described in paragraph ( d)( 2) of this section, we will consider you a manufacturer of a new nonroad engine. Such modifications prevent you from using the provisions of this section. ( c) Liability. Engines, vehicles, and equipment 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. This applies to engine manufacturers, equipment manufacturers, and all other persons as if the nonroad equipment were motor vehicles. The prohibited acts of 40 CFR 1068.101( a)( 1) apply to these new pieces of equipment; however, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1048 for its model year. If we make a determination that these engines, 122 vehicles, or equipment do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505. ( d) Specific requirements. If you are a motor vehicle manufacturer and meet all the following criteria and requirements regarding your new nonroad equipment and its engine, the engine is eligible for an exemption under this section: ( 1) Your equipment must be covered by a valid certificate of conformity as a motor vehicle issued under 40 CFR part 86. ( 2) You must not make any changes to the certified vehicle that we could reasonably expect to increase its exhaust emissions for any pollutant, or its evaporative emissions if it is subject to evaporative emission standards. For example, if you make any of the following changes, you do not qualify for this exemption: ( i) Change any fuel system or evaporative system parameters from the certified configuration, including refueling emission controls. ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the vehicle 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 vehicle manufacturer's specified ranges. ( iv) Add more than 500 pounds to the curb weight of the originally certified motor vehicle. ( 3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in nonroad applications. This includes any type of vehicle, without regard to which company completes the manufacturing of the nonroad equipment. Show this as follows: ( i) If you are the original manufacturer of the vehicle, base this showing on your sales information. ( ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information. ( 4) The equipment must have the vehicle emission control information and fuel labels we require under 40 CFR 86.007 35. ( 5) You must add a permanent supplemental label to the equipment in a position where it will remain clearly visible. In the supplemental label, do the following: ( i) Include the heading: " NONROAD ENGINE 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 VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSIONCONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.". ( iv) State the date you finished modifying the vehicle ( month and year), if applicable. 123 ( 6) The original and supplemental labels must be readily visible in the fully assembled equipment. ( 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 equipment models you expect to produce under this exemption in the coming year. ( iii) State: " We produced each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.610.". ( e) Failure to comply. If your engines, vehicles, or equipment do not meet the criteria listed in paragraph ( d) of this section, the engines will be subject to the standards, requirements, and prohibitions of this part 1048, and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. 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. Vehicles adapted for nonroad use under this section may generate credits under the ABT provisions in 40 CFR part 86. These vehicles must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard under 40 CFR part 86.

255. Section 1048.615 is amended by revising paragraphs ( a)( 2), ( a)( 3), ( c), and ( d) to read as follows: § 1048.615 What are the provisions for exempting engines designed for lawn and garden applications? * * * * * ( a) * * *

( 2) The engine must have a maximum engine power at or below 30 kW. ( 3) The engine must be in an engine family that has a valid certificate of conformity showing that it meets emission standards for Class II engines under 40 CFR part 90 for the appropriate model year. * * * * * ( 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 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 if these engines had a total maximum engine power at or below 19 kW. 124 256. Section 1048.620 is revised to read as follows: § 1048.620 What are the provisions for exempting large engines fueled by natural gas? ( a) If an engine meets all the following criteria, it is exempt from the requirements of this part: ( 1) The engine must operate solely on natural gas or liquefied petroleum gas. ( 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. ( b) The only requirements or prohibitions from this part that apply to an engine that is exempt under this section are in this section. ( 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.

257. 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.". 125 ( 3) Keep records to document the destinations and quantities of engines produced under this section.

258. 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, 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. ( 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.

259. 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.

260. 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. 126 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 given 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 relating to the process of obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part. 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 spark ignition 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. 127 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 low hour 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. 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. Exempted has the meaning given in 40 CFR 1068.30. 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 128 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 given 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 its 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 given in 40 CFR 1065.1001. 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 90.3. ( 2) For engines above 30 kW, maximum engine power has the meaning given in 40 CFR 1039.140 Maximum test speed has one of the following meanings: ( 1) For variable speed engines, maximum test speed has the meaning given in 40 CFR 1065.1001. 129 ( 2) For transient testing of constant speed engines, maximum test speed means the highest speed at which the engine produces zero torque. ( 3) For steady state testing of constant speed engines, maximum test speed means the speed at which the engine produces peak torque. Maximum test torque has the meaning given 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. ( 2) For an engine that is converted to a nonroad engine after being placed into service as a motorvehicle 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 given in 40 CFR 85.1703( a). 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 130 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. 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 given 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. 131 Off highway motorcycle has the meaning given 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. Owners manual means a document or collection of documents prepared by the engine manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale. Oxides of nitrogen has the meaning given 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 given in 40 CFR 1068.30. Round has the meaning given in 40 CFR 1065.1001, 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 given 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. Stoichiometric means relating to the particular ratio of air and fuel such that if the fuel were fully oxidized, there would be no remaining fuel or oxygen. For example, stoichiometric combustion in a gasoline fueled engine typically occurs at an air fuel mass ratio of about 14.7. 132 Suspend has the meaning given 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 given 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 given 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.

261. Section 1048.805 is amended by adding " NARA" to the table in alphabetical order to read as follows: 133 § 1048.805 What symbols, acronyms, and abbreviations does this part use? * * * * * * * * * * * * NARA National Archives and Records Administration. * * * * * * *

262. Section 1048.810 is revised to read as follows: § 1048.810 What materials does this part reference? 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/ federal_ register/ code_ of_ federal_ regulations/ ibr_ locations. html. ( a) [ Reserved] ( 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 or www. sae. org. 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 ( c) ISO material. Table 3 of this section lists material from the International Organization for Standardization that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the section of this part where we reference it. Anyone may purchase copies of these materials from the International Organization for Standardization, Case Postale 56, CH 1211 Geneva 20, Switzerland or www. iso. org. Table 3 follows: 134 Table 3 of § 1048.810   ISO Materials Document number and name Part 1048 reference ISO 9141 2 Road vehicles   Diagnostic systems   Part 2: CARB requirements for interchange of digital information, February 1994. 1048.110 ISO 14230 4 Road vehicles   Diagnostic systems   Keyword Protocol 2000   Part 4: Requirements for emission related systems, June 2000. 1048.110 263. 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.

264. 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. ( c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G.

265. Appendix I to part 1048 is amended in the table by adding a footnote to read as follows: Appendix I to Part 1048   Large Spark ignition ( SI) Transient Cycle for Constant Speed Engines Time( s) Normalized speed Normalized torque1 * * * * * * *

1 The percent torque is relative to maximum torque at the commanded engine speed.. 135 PART 1051   CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES 266. The authority citation for part 1051 is revised to read as follows: Authority: 42 U. S. C. 7401  7671q.

267. The heading for subpart A is revised to read as follows: Subpart A   Overview and Applicability 268. 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.

269. 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 or 1039 for regulations that cover these engines. 136 ( 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.

270. 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: ( 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.

271. 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 describe 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. 137 ( c) Other parts of this chapter apply if referenced in this part.

272. 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 § 1051.145. ( 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.

273. 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? ( 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 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 meets 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 your U. S. directed production units within each certified engine family compared with a simple count of your total U. S. directed production units. 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 138 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: * * * * *

274. Section 1051.105 is amended by revising paragraph ( a)( 1) before the table and paragraphs ( 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 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 meets 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 your U. S. directed production units within each certified engine family compared with a simple count of your total U. S. directed production units. Table 1 follows: * * * * * ( 3) You may certify off highway motorcycles with engines that have total displacement of 70 cc or less to the exhaust emission 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 offhighway 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: 139 * * * * *

275. 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 meets 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 your U. S. directed production units within each certified engine family compared with a simple count of your total U. S. directed production units. 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 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. 140 ( 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. 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: * * * * *

276. Section 1051.110 is amended by revising the introductory text and paragraph ( a) to read as follows: § 1051.110 What evaporative emission standards must my vehicles meet? Your new vehicles must meet the emission standards of this section over their full useful life. Note that § 1051.245 allows you to use design based certification instead of generating new emission data. ( 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. * * * * *

277. Section 1051.115 is amended by removing and reserving paragraph ( b), revising paragraphs ( a), ( c), ( f), and ( g), and adding a new paragraph ( d)( 3)( vi) 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 throughout its useful life. * * * * * ( 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. ( d)* * * ( 3)* * * 141 ( vi) The adjustable range of carburetor screws, such as air screw, fuel screw, and idlespeed screw must be defined by stops, limits, or specification on the jetting chart consistent with the requirements for specifying jet sizes and needle configuration in this section. * * * * * ( f) Defeat devices. You may not equip your vehicles with a defeat device. A defeat device is an auxiliary emission control 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. ( g) Noise standards. There are no noise standards specified in this part 1051. See 40 CFR Chapter I, Subchapter G, to determine if your vehicle must meet noise emission standards under another part of our regulations.

278. Section 1051.120 is revised to read as follows: § 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 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 142 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.

279. 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 in use 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. ( 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 143 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, changing air, fuel, or oil filters, servicing engine cooling systems, and adjusting idle speed, governor, engine bolt torque, valve lash, or injector lash, 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). You may also visually inspect test vehicles or engines, including emission related components, as needed to ensure safe operation. ( 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.

280. 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". 144 ( 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.". ( 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.