281. Section 1051.135 is revised to read as follows: § 1051.135 How must I label and identify the vehicles I produce? Each of your vehicles must have three labels: a vehicle identification number as described in paragraph ( a) of this section, an emission control information label as described in paragraphs ( b) through ( e) of this section, and a consumer information label as described in § 1051.137. ( a) Assign each vehicle a unique identification number and permanently affix, engrave, or stamp it on the vehicle in a legible way. ( b) At the time of manufacture, affix a permanent and legible emission control information label identifying each vehicle. The label must be   ( 1) Attached so it is not removable without being destroyed or defaced. ( 2) Secured to a part of the vehicle ( or engine) needed for normal operation and not normally requiring replacement. ( 3) Durable and readable for the vehicle's entire life. ( 4) Written in English. ( c) The label must   ( 1) Include the heading " EMISSION CONTROL INFORMATION". ( 2) Include your full corporate name and trademark. You may identify another company and use its trademark instead of yours if you comply with the provisions of § 1051.645. ( 3) Include EPA's standardized designation for engine families, as described in § 1051.230. ( 4) State the engine's displacement ( in liters). You may omit this from the emission control information label if the vehicle is permanently labeled with a unique model name that 145 corresponds to a specific displacement. Also, you may omit displacement from the label if all the engines in the engine family have the same per cylinder displacement and total displacement. ( 5) State: " THIS VEHICLE IS CERTIFIED TO OPERATE ON [ specify operating fuel or fuels].". ( 6) State the date of manufacture [ MONTH and YEAR]. You may omit this from the label if you keep a record of the engine manufacture dates and provide it to us upon request, or if you stamp the date on the engine or vehicle. ( 7) State the exhaust emission standards or FELs to which the vehicles are certified. ( 8) Identify the emission control system. Use terms and abbreviations consistent with SAE J1930 ( incorporated by reference in § 1051.810). You may omit this information from the label if there is not enough room for it and you put it in the owners manual instead. ( 9) List specifications and adjustments for engine tuneups; show the proper position for the transmission during tuneup and state which accessories should be operating. ( 10) Identify the fuel type and any requirements for fuel and lubricants. You may omit this information from the label if there is not enough room for it and you put it in the owners manual instead. ( 11) State the useful life for your engine family if it is different than the minimum value. ( 12) State: " THIS VEHICLE MEETS U. S. EPA REGULATIONS FOR [ MODEL YEAR] [ SNOWMOBILES or OFF ROAD MOTORCYCLES or ATVs or OFFROAD UTILITY VEHICLES].". ( d) You may add information to the emission control information label to identify other emission standards that the vehicle meets or does not meet ( such as California standards). You may also add other information to ensure that the engine will be properly maintained and used. ( e) You may ask us to approve modified labeling requirements in this part 1051 if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. ( f) If you obscure the engine label while installing the engine in the equipment such that the label will be hard to read during normal maintenance, you must place a duplicate label on the equipment. If others install your engine in their equipment in a way that obscures the engine label, we require them to add a duplicate label on the equipment ( see 40 CFR 1068.105); in that case, give them the number of duplicate labels they request and keep the following records for at least five years: ( 1) Written documentation of the request from the equipment manufacturer. ( 2) The number of duplicate labels you send and the date you sent them. ( g) Label every vehicle certified under this part with a removable hang tag showing its emission characteristics relative to other models, as described in § 1051.137.

282. A new § 1051.137 is added to read as follows: § 1051.137 What are the consumer labeling requirements? Label every vehicle certified under this part with a removable hang tag showing its emission characteristics relative to other models. The label should be attached securely to the vehicle before it is offered for sale in such a manner that it would not be accidentally removed prior to sale. Use the applicable equations of this section to determine the normalized emission rate 146 ( NER) from the FEL for your vehicle. If the vehicle is certified without using the averaging provisions of subpart H, use the final deteriorated emission level. Round the resulting normalized emission rate for your vehicle to one decimal place. If the calculated NER value is less than zero, consider NER to be zero for that vehicle. We may specify a standardized format for labels. At a minimum, the tag should include: the manufacturer's name, vehicle model name, engine description ( 500 cc two stroke with DFI), the NER, and a brief explanation of the scale ( for example, note that 0 is the cleanest and 10 is the least clean). ( a) For snowmobiles, use the following equation: NER = 16.61 × log ( 2.667 × HC + CO)  38.22 Where: HC and CO are the cycle weighted FELs ( or emission rates) for hydrocarbons and carbon monoxide in g/ kW hr. ( b) For off highway motorcycles, use the following equations: ( 1) For off highway motorcycles certified to the standards in § 1051.105, use one of the equations specified below. ( i) If the vehicle has HC + NOx emissions less than or equal to 2.0 g/ km, use the following equation: NER = 2.500 × ( HC+ NOx) Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( ii) If the vehicle has HC + NOx emissions greater than 2.0 g/ km, use the following equation: NER = 5.000 × log( HC+ NOx)+ 3.495 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( 2) For off highway motorcycles certified to the standards in § 1051.615( b), use the following equation: NER = 8.782 × log( HC+ NOx)   5.598 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ kW hr. ( c) For ATVs, use the following equations: ( 1) For ATVs certified to the standards in § 1051.107, use one of the equations specified below. ( i) If the vehicle has HC + NOx emissions less than or equal to 1.5 g/ km, use the following equation: NER = 3.333 × ( HC+ NOx) Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( ii) If the vehicle has HC + NOx emissions greater than 1.5 g/ km, use the following equation: NER = 4.444 × log( HC+ NOx)+ 4.217 147 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ km. ( 2) For ATVs certified to the standards in § 1051.615( a), use the following equation: NER = 8.782 × log( HC + NOx)   7.277 Where: HC+ NOx is the FEL ( or the sum of the cycle weighted emission rates) for hydrocarbons and oxides of nitrogen in g/ kW hr.

283. Section 1051.145 is amended by removing and reserving paragraph ( c), revising paragraphs ( a)( 3)( iv), ( a)( 4), ( b)( 1) before the table, ( b)( 3), ( e), and ( g), and adding paragraphs ( a)( 3)( v), ( a)( 3)( vi), and ( h) to read as follows: § 1051.145 What provisions apply only for a limited time? * * * * * ( a) * * * ( 3)* * * ( iv) Show that fewer than 50 percent of the engine family's total sales in the United States are used in recreational vehicles regulated under this part. This includes engines used in any application, without regard to which company manufactures the vehicle or equipment. ( v) If your engines do not meet the criteria listed in paragraph ( a) of this section, they will be subject to the provisions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101. ( vi) Engines exempted under this paragraph ( a)( 3) are subject to all the requirements affecting engines under 40 CFR part 90. The requirements and restrictions of 40 CFR part 90 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as other engines subject to 40 CFR part 90. ( 4) All vehicles produced under this paragraph ( a) must be labeled according to our specifications. The label must include the following: ( i) The heading " EMISSION CONTROL INFORMATION". ( ii) Your full corporate name and trademark. ( iii) A description of the provisions under which this section applies to your vehicle . ( iv) Other information that we specify to you in writing. ( b)* * * ( 1) Follow Table 1 of this section for exhaust emission standards, while meeting all the other requirements of § 1051.107. You may use emission credits to show compliance with these standards ( see subpart H of this part). You may not exchange emission credits with engine families meeting the standards in § 1051.107( a). You may also not exchange credits between engine families certified to the standards for engines above 225 cc and engine families certified to the standards for engines below 225 cc. The phase in percentages in the table specify the percentage of your total U. S. directed production that must comply with the emission standards for those model years ( i. e., the percentage requirement does not apply separately for engine families above and below 225 cc). Table 1 follows: * * * * * 148 ( 3) For ATVs certified to the standards in this paragraph ( b), use the following equations to determine the normalized emission rate required by § 1051.137: ( i) For engines at or above 225 cc, use the following equation: NER = 9.898 × log ( HC + NOx)  4.898 Where: HC + NOx is the sum of the cycle weighted emission rates for hydrocarbons and oxides of nitrogen in g/ kW hr. ( ii) For engines below 225 cc, use the following equation: NER = 9.898 × log [( HC+ NOx) × 0.83]  4.898 Where: HC + NOx is the sum of the cycle weighted emission rates for hydrocarbons and oxides of nitrogen in g/ kW hr. * * * * * ( e) Raw sampling procedures. Using good engineering judgment, you may use the alternate rawsampling procedures instead of the procedures described in 40 CFR part 1065 for emission testing certain vehicles, as follows: ( 1) Snowmobile. You may use the raw sampling procedures described in 40 CFR part 90 or 91 for snowmobiles before the 2010 model year. ( 2) ATV. You may use the raw sampling procedures described in 40 CFR part 90 or 91 for ATVs certified to the standards in § 1051.615 before the 2011 model year. You may use these raw sampling procedures for ATVs certified to the standards in § 1051.107 or § 1051.145( b) before the 2009 model year. * * * * * ( g) Pull ahead option for permeation emissions. Manufacturers choosing to comply with an early tank permeation standard of 3.0 g/ m2/ day prior to model year 2008 may be allowed to delay compliance with the 1.5 g/ m2/ day standard by earning credits, as follows: ( 1) Calculate earned credits using the following equation:

Credit = ( Baseline emissions  Pull ahead level) × [   i( Production) i × ( UL) i] Where: Baseline emissions = the baseline emission rate, as determined in paragraph ( g)( 2) of this section. Pull ahead level = the permeation level to which you certify the tank, which must be at or below 3.0 g/ m2/ day. ( Production) i = the annual production volume of vehicles in the engine family for model year " i" times the average internal surface area of the vehicles' fuel tanks. ( UL) i = The useful life of the engine family in model year " i". ( 2) Determine the baseline emission level for calculating credits using any of the following values: ( i) 7.6 g/ m2/ day. ( ii) The emission rate measured from your lowest emitting, uncontrolled fuel tank from the current or previous model year using the procedures in § 1051.515. For example, this would generally involve the fuel tank with the greatest wall thickness for a given material. ( iii) The emission rate measured from an uncontrolled fuel tank that is the same as or most similar to the model you have used during the current or previous model year. However, 149 you may use this approach only if you use it to establish a baseline emission level for each unique tank model you produce using the procedures in § 1051.515. ( 3) Pull ahead tanks under this option must be certified and must meet all applicable requirements other than those limited to compliance with the exhaust standards. ( 4) You may use credits generated under this paragraph ( g) as specified in subpart H of this part. ( h) Deficit credits for permeation standards. For 2008 through 2010 model years, you may have a negative balance of emission credits relative to the permeation emission standards at the end of each model year, subject to the following provisions: ( 1) You must eliminate any credit deficit we allow under this paragraph ( h) by the end of the 2011 model year. If you are unable to eliminate your credit deficit by the end of the 2011 model year, we may void the certificates for all families certified to FELs above the allowable average, for all affected model years. ( 2) State in your application for certification a statement whether you will have a negative balance of permeation emission credits for that model year. If you project that you will have a negative balance, estimate the credit deficit for each affected model year and present a detailed plan to show where and when you will get credits to offset the deficit by the end of the 2011 model year. ( 3) In your end of year report under § 1051.730, state whether your credit deficit is larger or smaller than you projected in your application for certification. If the deficit is larger than projected, include in your end of year report an update to your detailed plan to show how you will eliminate the credit deficit by the end of the 2011 model year.

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

285. Section 1051.205 is revised to read as follows: § 1051.205 What must I include in my application? 150 This section specifies the information that must be in your application, unless we ask you to include less information under § 1051.201( c). We may require you to provide additional information to evaluate your application. ( a) Describe the engine family's specifications and other basic parameters of the vehicle's design and emission controls. List the fuel type on which your engines are designed to operate ( for example, gasoline, liquefied petroleum gas, methanol, or natural gas). List vehicle configurations and model names that are included in the engine family. ( b) Explain how the emission control system operates. Describe the evaporative emission controls. Also describe in detail all system components for controlling exhaust emissions, including all auxiliary emission control devices ( AECDs) and all fuel system components you will install on any production or test vehicle or engine. Identify the part number of each component you describe. For this paragraph ( b), treat as separate AECDs any devices that modulate or activate differently from each other. Include all the following: ( 1) Give a general overview of the engine, the emission control strategies, and all AECDs. ( 2) Describe each AECD's general purpose and function. ( 3) Identify the parameters that each AECD senses ( including measuring, estimating, calculating, or empirically deriving the values). Include vehicle based parameters and state whether you simulate them during testing with the applicable procedures. ( 4) Describe the purpose for sensing each parameter. ( 5) Identify the location of each sensor the AECD uses. ( 6) Identify the threshold values for the sensed parameters that activate the AECD. ( 7) Describe the parameters that the AECD modulates ( controls) in response to any sensed parameters, including the range of modulation for each parameter, the relationship between the sensed parameters and the controlled parameters and how the modulation achieves the AECD's stated purpose. Use graphs and tables, as necessary. ( 8) Describe each AECD's specific calibration details. This may be in the form of data tables, graphical representations, or some other description. ( 9) Describe the hierarchy among the AECDs when multiple AECDs sense or modulate the same parameter. Describe whether the strategies interact in a comparative or additive manner and identify which AECD takes precedence in responding, if applicable. ( 10) Explain the extent to which the AECD is included in the applicable test procedures specified in subpart F of this part. ( 11) Do the following additional things for AECDs designed to protect engines or vehicles: ( i) Identify the engine and/ or vehicle design limits that make protection necessary and describe any damage that would occur without the AECD. ( ii) Describe how each sensed parameter relates to the protected components' design limits or those operating conditions that cause the need for protection. ( iii) Describe the relationship between the design limits/ parameters being protected and the parameters sensed or calculated as surrogates for those design limits/ parameters, if applicable. ( iv) Describe how the modulation by the AECD prevents engines and/ or equipment from exceeding design limits. ( v) Explain why it is necessary to estimate any parameters instead of measuring them directly and describe how the AECD calculates the estimated value, if applicable. 151 ( vi) Describe how you calibrate the AECD modulation to activate only during conditions related to the stated need to protect components and only as needed to sufficiently protect those components in a way that minimizes the emission impact. ( c) [ Reserved] ( d) Describe the vehicles or engines you selected for testing and the reasons for selecting them. ( e) Describe the test equipment and procedures that you used, including any special or alternate test procedures you used ( see § 1051.501). ( f) Describe how you operated the emission data vehicle before testing, including the duty cycle and the extent of engine operation used to stabilize emission levels. Explain why you selected the method of service accumulation. Describe any scheduled maintenance you did. ( g) List the specifications of the test fuel to show that it falls within the required ranges we specify in 40 CFR part 1065. ( h) Identify the engine family's useful life. ( i) Include the maintenance instructions you will give to the ultimate purchaser of each new vehicle ( see § 1051.125). ( j) Include the emission related installation instructions you will provide if someone else installs your engines in a vehicle ( see § 1051.130). ( k) Describe the labels you create to meet the requirements of § 1051.135. ( l) Identify the exhaust emission standards or FELs to which you are certifying engines in the engine family. ( m) Identify the engine family's deterioration factors and describe how you developed them ( see § 1051.243 and § 1051.245). Present any emission test data you used for this. ( n) State that you operated your emission data vehicles as described in the application ( including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part. ( o) Present emission data to show that you meet emission standards, as follows: ( 1) Present emission data for hydrocarbons ( such as NMHC or THCE, as applicable), NOx, and CO on an emission data vehicle to show your vehicles meet the applicable exhaust emission standards we specify in subpart B of this part. Show emission figures before and after applying deterioration factors for each pollutant and for each vehicle or engine. If we specify more than one grade of any fuel type ( for example, a summer grade and winter grade of gasoline), you need to submit test data only for one grade, unless the regulations of this part specify otherwise for your engine. ( 2) Present evaporative test data for hydrocarbons to show your vehicles meet the evaporative emission standards we specify in subpart B of this part. Show emission figures before and after applying deterioration factors for each vehicle or engine, where applicable. If you did not perform the testing, identify the source of the test data. ( 3) Note that § 1051.235 and § 1051.245 allow you to submit an application in certain cases without new emission data. ( p) Report all test results, including those from invalid tests or from any other tests, whether or not they were conducted according to the test procedures of subpart F of this part. If you measure 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. ( q) Describe all adjustable operating parameters ( see § 1051.115( e)), including production tolerances. Include the following in your description of each parameter: 152 ( 1) The nominal or recommended setting. ( 2) The intended physically adjustable range. ( 3) The limits or stops used to establish adjustable ranges. ( 4) Information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in use engines to settings outside your intended physically adjustable ranges. ( r) Confirm that your emission related installation instructions specify how to ensure that sampling of exhaust emissions will be possible after engines are installed in equipment and placed in service. If this cannot be done by simply adding a 20 centimeter extension to the exhaust pipe, show how to sample exhaust emissions in a way that prevents diluting the exhaust sample with ambient air. ( s) Unconditionally certify that all the vehicles and/ or engines in the engine family comply with the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. ( t) Include estimates of U. S. directed production volumes. ( u) Include the information required by other subparts of this part. For example, include the information required by § 1051.725 if you participate in the ABT program. ( v) Include other applicable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions. ( w) 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.

286. Section 1051.210 is revised to read as follows: § 1051.210 May I get preliminary approval before I complete my application? If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission control devices, deterioration factors, testing for service accumulation, and maintenance. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. 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.

287. Section 1051.215 is removed.

288. Section 1051.220 is revised to read as follows: § 1051.220 How do I amend the maintenance instructions in my application? You may amend your emission related maintenance instructions after you submit your application for certification, as long as the amended instructions remain consistent with the provisions of § 1051.125. You must send the Designated Compliance Officer a request to amend your 153 application for certification for an engine family if you want to change the emission related maintenance instructions in a way that could affect emissions. In your request, describe the proposed changes to the maintenance instructions. We will disapprove your request if we determine that the amended instructions are inconsistent with maintenance you performed on emission data vehicles. ( 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.

289. Section 1051.225 is revised to read as follows: § 1051.225 How do I amend my application for certification to include new or modified vehicles or to change an FEL? Before we issue you a certificate of conformity, you may amend your application to include new or modified vehicle configurations, subject to the provisions of this section. After we have issued your certificate of conformity, you may send us an amended application requesting that we include new or modified vehicle configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information included in your application. ( a) You must amend your application before you take any of the following actions: ( 1) Add a vehicle ( that is, an additional vehicle configuration) to an engine family. In this case, the vehicle added must be consistent with other vehicles in the engine family with respect to the criteria listed in § 1051.230. ( 2) Change a vehicle already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine's lifetime. ( 3) Modify an FEL for an engine family, as described in paragraph ( f) of this section. ( b) To amend your application for certification, send the Designated Compliance Officer the following information: ( 1) Describe in detail the addition or change in the vehicle model or configuration you intend to make. ( 2) Include engineering evaluations or data showing that the amended engine family complies with all applicable requirements. You may do this by showing that the original emission data vehicle is still appropriate with respect to showing compliance of the amended family with all applicable requirements. 154 ( 3) If the original emission data vehicle for the engine family is not appropriate to show compliance for the new or modified vehicle, include new test data showing that the new or modified vehicle meets the requirements of this part. ( c) We may ask for more test data or engineering evaluations. You must give us these within 30 days after we request them. ( d) For engine families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your new or modified vehicle. You may ask for a hearing if we deny your request ( see § 1051.820). ( e) For engine families already covered by a certificate of conformity, you may start producing the new or modified vehicle anytime after you send us your amended application, before we make a decision under paragraph ( d) of this section. However, if we determine that the affected vehicles do not meet applicable requirements, we will notify you to cease production of the vehicles and may require you to recall the vehicles at no expense to the owner. Choosing to produce vehicles under this paragraph ( e) is deemed to be consent to recall all vehicles that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph ( c) of this section within 30 days, you must stop producing the new or modified vehicles. ( f) You may ask to change your FEL in the following cases: ( 1) You may ask to raise your FEL for your engine family after the start of production. You must use the higher FEL for the entire family to calculate your average emission level under subpart H of this part. In your request, you must demonstrate that you will still be able to comply with the applicable average emission standards as specified in subparts B and H of this part. ( 2) You may ask to lower the FEL for your engine family after the start of production only when you have test data from production vehicles indicating that your vehicles comply with the lower FEL. You may create a separate subfamily with the lower FEL. Otherwise, you must use the higher FEL for the family to calculate your average emission level under subpart H of this part. ( 3) If you change the FEL during production, you must include the new FEL on the emission control information label for all vehicles produced after the change.

290. Section 1051.230 is revised to read as follows: § 1051.230 How do I select engine families? ( a) Divide your product line into families of vehicles that are expected to have similar emission characteristics throughout the useful life. Except as specified in paragraph ( f) of this section, you must have separate engine families for meeting exhaust and evaporative emissions. Your engine family is limited to a single model year. ( b) For exhaust emissions, group vehicles in the same engine family if they are the same in all the following aspects: ( 1) The combustion cycle. ( 2) The cooling system ( liquid cooled vs. air cooled). ( 3) Configuration of the fuel system ( for example, port fuel injection vs. carburetion). ( 4) Method of air aspiration. ( 5) The number, location, volume, and composition of catalytic converters. 155 ( 6) Type of fuel. ( 7) The number, arrangement, and approximate bore diameter of cylinders. ( 8) Numerical level of the emission standards that apply to the vehicle. ( c) For evaporative emissions, group vehicles in the same engine family if fuel tanks are similar and fuel lines are similar considering all the following aspects: ( 1) Type of material ( including additives such as pigments, plasticizers, and UV inhibitors). ( 2) Emission control strategy. ( 3) Production methods. This does not apply to differences in production methods that would not affect emission characteristics. ( d) You may subdivide a group of vehicles that is identical under paragraph ( b) or ( c) of this section into different engine families if you show the expected emission characteristics are different during the useful life. ( e) You may group vehicles that are not identical with respect to the things listed in paragraph ( b) or ( c) of this section in the same engine family, as follows: ( 1) You may group such vehicles in the same engine family if you show that their emission characteristics during the useful life will be similar. ( 2) If you are a small volume manufacturer, you may group engines from any vehicles subject to the same emission standards into a single engine family. This does not change any of the requirements of this part for showing that an engine family meets emission standards. ( f) You may divide your product line into engine families based on a combined consideration of exhaust and evaporative emission control systems, consistent with the requirements of this section. This would allow you to use a single engine family designation for each engine family instead of having separate engine family designations for exhaust and evaporative emissioncontrol systems for each model. ( g) Select test engines from the engine family as described in 40 CFR 1065.401. Select test components related to evaporative emission control systems that are most likely to exceed the applicable emission standards. For example, select a fuel tank with the smallest average wall thickness ( or barrier thickness, as appropriate) of those tanks you include in the same family.

291. Section 1051.235 is revised to read as follows: § 1051.235 What emission testing must I perform for my application for a certificate of conformity? This section describes the emission testing you must perform to show compliance with the emission standards in subpart B of this part. ( a) Test your emission data vehicles using the procedures and equipment specified in subpart F of this part. Where specifically required or allowed, test the engine instead of the vehicle. For evaporative emissions, test the fuel system components separate from the vehicle. ( b) Select from each engine family an emission data vehicle, and a fuel system for each fuel type with a configuration that is most likely to exceed the emission standards, using good engineering judgment. Consider the emission levels of all exhaust constituents over the full useful life of the vehicle. ( c) We may measure emissions from any of your test vehicles or engines ( or any other vehicles or engines from the engine family), as follows: 156 ( 1) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the test vehicle or engine to a test facility we designate. The test vehicle or engine you provide must include appropriate manifolds, aftertreatment devices, electronic control units, and other emission related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need. ( 2) If we measure emissions on one of your test vehicles or engines, the results of that testing become the official emission results. Unless we later invalidate these data, we may decide not to consider your data in determining if your engine family meets applicable requirements. ( 3) Before we test one of your vehicles or engines, we may set its adjustable parameters to any point within the physically adjustable ranges ( see § 1051.115( c)). ( 4) Before we test one of your vehicles or engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. ( d) You may use previously generated emission data in the following cases: ( 1) You may ask to use emission data from a previous model year instead of doing new tests, but only if all the following are true: ( i) The engine family from the previous model year differs from the current engine family only with respect to model year. ( ii) The emission data vehicle from the previous model year remains the appropriate emission data vehicle under paragraph ( b) of this section. ( iii) The data show that the emission data vehicle would meet all the requirements that apply to the engine family covered by the application for certification. ( 2) You may submit emission data for equivalent engine families performed to show compliance with other standards ( such as California standards) instead of doing new tests, but only if the data show that the test vehicle or engine would meet all of this part's requirements. ( 3) You may submit evaporative emission data measured by a fuel system supplier. We may require you to verify that the testing was conducted in accordance with the applicable regulations. ( e) We may require you to test a second vehicle or engine of the same or different configuration in addition to the vehicle or engine tested under paragraph ( b) of this section. ( f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure. ( g) If you are a small volume manufacturer, you may certify by design on the basis of preexisting exhaust emission data for similar technologies and other relevant information, and in accordance with good engineering judgment. In those cases, you are not required to test your vehicles. This is called " design certification" or " certifying by design." To certify by design, you must show that the technology used on your engines is sufficiently similar to the previously tested technology that a person reasonably familiar with emission control technology would believe that your engines will comply with the emission standards. ( h) For fuel tanks that are certified based on permeability treatments for plastic fuel tanks, you do not need to test each engine family. However, you must use good engineering judgment to determine permeation rates for the tanks. This requires that more than one fuel tank be tested for each set of treatment conditions. You may not use test data from a given tank for any other tanks that have thinner walls. You may, however, use test data from a given tank for other tanks that 157 have thicker walls. This applies to both low hour ( i. e., baseline testing) and durability testing. Note that § 1051.245 allows you to use design based certification instead of generating new emission data.

292. Section 1051.240 is revised to read as follows: § 1051.240 How do I demonstrate that my engine family complies with exhaust emission standards? ( a) For purposes of certification, your engine family is considered in compliance with the applicable numerical exhaust emission standards in subpart B of this part if all emission data vehicles representing that family have test results showing deteriorated emission levels at or below these standards. ( Note: if you participate in the ABT program in subpart H of this part, your FELs are considered to be the applicable emission standards with which you must comply.) ( b) Your engine family is deemed not to comply if any emission data vehicle representing that family has test results showing a deteriorated emission level above an applicable FEL or emission standard from subpart B of this part for any pollutant. ( c) To compare emission levels from the emission data vehicle with the applicable emission standards, apply deterioration factors to the measured emission levels. Section 1051.243 specifies how to test your vehicle to develop deterioration factors that represent the deterioration expected in emissions over your vehicle's full useful life. Your deterioration factors must take into account any available data from in use testing with similar engines. Small volume manufacturers may use assigned deterioration factors that we establish. Apply deterioration factors as follows: ( 1) For vehicles that use aftertreatment technology, such as catalytic converters, use a multiplicative deterioration factor for exhaust emissions. A multiplicative deterioration factor for a pollutant is the ratio of exhaust emissions at the end of the useful life and exhaust emissions at the low hour test point. In these cases, adjust the official emission results for each tested vehicle or engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the factor is less than one, use one. Multiplicative deterioration factors must be specified to three significant figures. ( 2) For vehicles that do not use aftertreatment technology, use an additive deterioration factor for exhaust emissions. An additive deterioration factor for a pollutant is the difference between exhaust emissions at the end of the useful life and exhaust emissions at the low hour test point. In these cases, adjust the official emission results for each tested vehicle or engine at the selected test point by adding the factor to the measured emissions. If the factor is less than zero, use zero. Additive deterioration factors must be specified to one more decimal place than the applicable standard. ( d) Collect emission data using measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph ( c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission data vehicle. In the case of HC+ NOx standards, add the emission results and apply the deterioration factor to the sum of the pollutants before rounding. However, if your deterioration factors are based on emission measurements that do not cover the vehicle's full useful life, apply the deterioration factor to each pollutant and then add the results before rounding. 158 293. A new § 1051.243 is added to read as follows: § 1051.243 How do I determine deterioration factors from exhaust durability testing? Establish deterioration factors to determine whether your engines will meet emission standards for each pollutant throughout the useful life, as described in subpart B of this part and § 1051.240. This section describes how to determine deterioration factors, either with pre existing test data or with new emission measurements. ( a) You may ask us to approve deterioration factors for an engine family based on emission measurements from similar vehicles or engines if you have already given us these data for certifying other vehicles in the same or earlier model years. Use good engineering judgment to decide whether the two vehicles or engines are similar. We will approve your request if you show us that the emission measurements from other vehicles or engines reasonably represent in use deterioration for the engine family for which you have not yet determined deterioration factors. ( b) If you are unable to determine deterioration factors for an engine family under paragraph ( a) of this section, select vehicles, engines, subsystems, or components for testing. Determine deterioration factors based on service accumulation and related testing to represent the deterioration expected from in use vehicles over the full useful life, as follows: ( 1) You must measure emissions from the emission data vehicle at a low hour test point and the end of the useful life. You may also test at evenly spaced intermediate points. ( 2) Operate the vehicle or engine over a representative duty cycle for a period at least as long as the useful life ( in hours or kilometers). You may operate the vehicle or engine continuously. ( 3) You may perform maintenance on emission data vehicles as described in § 1051.125 and 40 CFR part 1065, subpart E. ( 4) If you measure emissions at only two points to calculate your deterioration factor, base your calculations on a linear relationship connecting these two data points for each pollutant. If you measure emissions at three or more points, use a linear least squares fit of your test data for each pollutant to calculate your deterioration factor. ( 5) Use good engineering judgment for all aspects of the effort to establish deterioration factors under this paragraph ( b). ( 6) You may to use other testing methods to determine deterioration factors, consistent with good engineering judgment. ( c) Include the following information in your application for certification: ( 1) If you use test data from a different engine family, explain why this is appropriate and include all the emission measurements on which you base the deterioration factor. ( 2) If you do testing to determine deterioration factors, describe the form and extent of service accumulation, including a rationale for selecting the service accumulation period and the method you use to accumulate hours.

294. Section 1051.245 is amended by revising paragraphs ( a) introductory text, ( b), ( c), and ( d) to read as follows: § 1051.245 How do I demonstrate that my engine family complies with evaporative emission standards? ( a) For purposes of certification, your engine family is considered in compliance with the evaporative emission standards in subpart B of this part if you do either of the following: * * * * * 159 ( b) Your engine family is deemed not to comply if any fuel tank or fuel line representing that family has test results showing a deteriorated emission level above the standard. ( c) To compare emission levels with the emission standards, apply deterioration factors to the measured emission levels. For permeation emissions, use the following procedures to establish an additive deterioration factor, as described in § 1051.240( c)( 2): ( 1) Section 1051.515 specifies how to test your fuel tanks to develop deterioration factors. Small volume manufacturers may use assigned deterioration factors that we establish. Apply the deterioration factors as follows: ( i) Calculate the deterioration factor from emission tests performed before and after the durability tests as described in § 1051.515( c) and ( d), using good engineering judgment. The durability tests described in § 1051.515( d) represent the minimum requirements for determining a deterioration factor. You may not use a deterioration factor that is less than the difference between evaporative emissions before and after the durability tests as described in § 1051.515( c) and ( d). ( ii) Do not apply the deterioration factor to test results for tanks that have already undergone these durability tests. ( 2) Determine the deterioration factor for fuel lines using good engineering judgment. ( d) Collect emission data using measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph ( c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission data vehicle. * * * * *

295. Section 1051.250 is revised to read as follows: § 1051.250 What records must I keep and make available to EPA? ( a) Organize and maintain the following records: ( 1) A copy of all applications and any summary information you send us. ( 2) Any of the information we specify in § 1051.205 that you were not required to include in your application. ( 3) A detailed history of each emission data vehicle. For each vehicle, describe all of the following: ( i) The emission data vehicle's construction, including its origin and buildup, steps you took to ensure that it represents production vehicles, any components you built specially for it, and all the components you include in your application for certification. ( ii) How you accumulated vehicle or engine operating hours, including the dates and the number of hours accumulated. ( iii) All maintenance, including modifications, parts changes, and other service, and the dates and reasons for the maintenance. ( iv) All your emission tests, including documentation on routine and standard tests, as specified in 40 CFR part 1065, and the date and purpose of each test. ( v) All tests to diagnose engine or emission control performance, giving the date and time of each and the reasons for the test. ( vi) Any other significant events. 160 ( 4) Production figures for each engine family divided by assembly plant. ( 5) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity. ( b) Keep data from routine emission tests ( such as test cell temperatures and relative humidity readings) for one year after we issue the associated certificate of conformity. Keep all other information specified in paragraph ( a) of this section for eight years after we issue your certificate. ( c) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any time. ( d) Send us copies of any maintenance instructions or explanations if we ask for them.

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

297. The heading for subpart D is revised to read as follows: Subpart D   Testing Production line Vehicles and Engines 161 298. Section 1051.301 is amended by revising paragraph ( a) and adding paragraph ( h) to read as follows: § 1051.301 When must I test my production line vehicles or engines? ( a) If you produce vehicles that are subject to the requirements of this part, you must test them as described in this subpart. If your vehicle is certified to g/ kW hr standards, then test the engine; otherwise, test the vehicle. The provisions of this subpart do not apply to small volume manufacturers. * * * * * ( h) Vehicles certified to the following standards are exempt from the production line testing requirements of this subpart if no engine families in the averaging set participate in the averaging, banking, and trading program described in subpart H of this part: ( 1) Phase 1 or Phase 2 standards in § 1051.103. ( 2) Phase 1 standards in § § 1051.105. ( 3) Phase 1 standards in § 1051.107. ( 4) The standards in § 1051.615. ( 5) The standards in § 1051.145( b).

299. Section 1051.305 is amended by revising paragraphs ( d)( 1), ( e), ( f), and ( g) to read as follows: § 1051.305 How must I prepare and test my production line vehicles or engines? * * * * * ( d)* * * ( 1) We may adjust or require you to adjust idle speed outside the physically adjustable range as needed only until the vehicle or engine has stabilized emission levels ( see paragraph ( e) of this section). We may ask you for information needed to establish an alternate minimum idle speed. * * * * * ( e) Stabilizing emission levels. Before you test production line vehicles or engines, you may operate the vehicle or engine to stabilize the emission levels. Using good engineering judgment, operate your vehicles or engines in a way that represents the way they will be used. You may operate each vehicle or engine for no more than the greater of two periods: ( 1) 50 hours or 500 kilometers. ( 2) The number of hours or kilometers you operated the emission data vehicle used for certifying the engine family ( see 40 CFR part 1065, subpart E, or the applicable regulations governing how you should prepare your test vehicle or engine). ( f) Damage during shipment. If shipping a vehicle or engine to a remote facility for productionline testing makes necessary an adjustment or repair, you must wait until after the initial emission test to do this work. We may waive this requirement if the test would be impossible or unsafe, or if it would permanently damage the vehicle or engine. Report to us, in your written report under § 1051.345, all adjustments or repairs you make on test vehicles or engines before each test. ( g) Retesting after invalid tests. You may retest a vehicle or engine if you determine an emission test is invalid under subpart F of this part. Explain in your written report reasons for invalidating any test and the emission results from all tests. If you retest a vehicle or engine, you may ask us 162 N

( t 95 ×  )

( x  STD) 2  1

( X i  x) 2 n  1 to substitute results of the new tests for the original ones. You must ask us within ten days of testing. We will generally answer within ten days after we receive your information.

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

Where: N = Required sample size for the model year. 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 section. It defines 95% confidence intervals for a one tail distribution. x = Mean of emission test results of the sample. STD = Emission standard ( or family emission limit, if applicable).   = Test sample standard deviation ( see paragraph ( c)( 2) of this section). n = The number of tests completed in an engine family.

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

Where: X i = Emission test result for an individual vehicle or engine. * * * * * ( f) Distribute the remaining vehicle or engine tests evenly throughout the rest of the year. You may need to adjust your schedule for selecting vehicles or engines if the required sample size changes. Continue to randomly select vehicles or engines from each engine family. ( g) Continue testing any engine family for which the sample mean, x, is greater than the emission standard. This applies if the sample mean for either HC, NOx ( or HC+ NOx), or CO ( or other regulated pollutants) is greater than the emission standard. Continue testing until one of the following things happens: 163 ( 1) The number of tests completed in an engine family, n, is greater than the required sample size, N, and the sample mean, x, is less than or equal to the emission standard. For example, if N = 3.1 after the third test, the sample size calculation does not allow you to stop testing. ( 2) The engine family does not comply according to § 1051.315. ( 3) You test 30 vehicles or engines from the engine family. ( 4) You test one percent of your projected annual U. S. directed production volume for the engine family, rounded to the nearest whole number. ( 5) You choose to declare that the engine family fails the requirements of this subpart. * * * * * ( i) You may elect to test more randomly chosen vehicles or engines than we require under this section. Include these vehicles or engines in the sample size calculations.

301. Section 1051.315 is amended by revising the introductory text to read as follows: § 1051.315 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 § 1051.320 for the requirements that apply to individual vehicles or engines that fail a production line test. * * * * *

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

303. Section 1051.345 is amended by revising paragraphs ( a) introductory text, ( a)( 5), ( a)( 10), and ( d) to read as follows: § 1051.345 What production line testing records must I send to EPA? * * * * * ( a) Within 30 calendar days of the end of each test period, send us a report with the following information: * * * ( 5) Identify how you accumulated hours of operation on the vehicles or engines and describe the procedure and schedule you used. * * * * * ( 10) State the date the test period ended for each engine family. * * * * * 164 ( 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. * * * * *

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

305. Section 1051.501 is amended by revising the introductory text and paragraphs ( a),( b), ( c)( 2), and ( d) and adding paragraph ( e)( 3) to read as follows: § 1051.501 What procedures must I use to test my vehicles or engines? This section describes test procedures that you use to determine whether vehicles meet the emission standards of this part. See § 1051.235 to determine when testing is required for certification. See subpart D of this part for the production line testing requirements. ( a) Snowmobiles. For snowmobiles, use the equipment and procedures for spark ignition engines in 40 CFR part 1065 to determine whether your snowmobiles meet the duty cycle emission standards in § 1051.103. Measure the emissions of all the pollutants we regulate in § 1051.103. Use the duty cycle specified in § 1051.505. ( b) Motorcycles and ATVs. For motorcycles and ATVs, use the equipment, procedures, and duty cycle in 40 CFR part 86, subpart F, to determine whether your vehicles meet the exhaust emission standards in § 1051.105 or § 1051.107. Measure the emissions of all the pollutants we regulate in § 1051.105 or § 1051.107. If we allow you to certify ATVs based on engine testing, use the equipment, procedures, and duty cycle described or referenced in the section that allows engine testing. For motorcycles with engine displacement at or below 169 cc and all ATVs, use the driving schedule in paragraph ( c) of Appendix I to 40 CFR part 86. For all other motorcycles, use the driving schedule in paragraph ( b) of Appendix I to part 86. With respect to vehicle speed governors, test motorcycles and ATVs in their ungoverned configuration, unless we approve in advance testing in a governed configuration. We will only approve testing in a governed configuration if you can show that the governor is permanently installed on all production vehicles and is unlikely to be removed in use. With respect to engine speed governors, test motorcycles and ATVs in their governed configuration. Run the test engine, with all emission control systems operating, long enough to stabilize emission levels; you may consider emission levels stable without measurement if you accumulate 12 hours of operation. ( c) * * * ( 2) Prior to permeation testing of fuel hose, the hose must be preconditioned by filling the hose with the fuel specified in paragraph ( d)( 3) of this section, sealing the openings, and soaking the hose for 4 weeks at 23 ± 5 ° C. To measure fuel line permeation emissions, use the equipment and procedures specified in SAE J30 ( incorporated by reference in § 1051.810). 165 The measurements must be performed at 23 ± 2  C using the fuel specified in paragraph ( d)( 3) of this section. ( d) Fuels. Use the fuels meeting the following specifications: ( 1) Exhaust. Use the fuels and lubricants specified in 40 CFR part 1065, subpart H, for all the exhaust testing we require in this part. For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in use engines will use. ( 2) Fuel Tank Permeation. ( i) For the preconditioning soak described in § 1051.515( a)( 1) and fuel slosh durability test described in § 1051.515( d)( 3), use the fuel specified in Table 1 of 40 CFR 1065.710 blended with 10 percent ethanol by volume. As an alternative, you may use Fuel CE10, which is Fuel C as specified in ASTM D 471 98 ( incorporated by reference in § 1051.810) blended with 10 percent ethanol by volume. ( ii) For the permeation measurement test in § 1051.515( b), use the fuel specified in Table 1 of 40 CFR 1065.710. As an alternative, you may use the fuel specified in paragraph ( d)( 2)( i) of this section. ( 3) Fuel Hose Permeation. Use the fuel specified in Table 1 of 40 CFR 1065.710 blended with 10 percent ethanol by volume for permeation testing of fuel lines. As an alternative, you may use Fuel CE10, which is Fuel C as specified in ASTM D 471 98 ( incorporated by reference in § 1051.810) blended with 10 percent ethanol by volume. ( e) * * * ( 3) You may test engines using a test speed based on the point of maximum power if that represents in use operation better than testing based on maximum test speed. * * * * *

306. Section 1051.505 is amended by revising paragraphs ( a), ( b)( 3), ( d), ( e), ( f) introductory text, ( f)( 5), and ( f)( 6), and to read as follows: § 1051.505 What special provisions apply for testing snowmobiles? Use the following special provisions for testing snowmobiles: ( a) You may perform steady state testing with either discrete mode or ramped modal cycles. You must use the type of testing 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 do testing the same way. We may also perform other testing as allowed by the Clean Air Act. Measure steady state emissions 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. In each mode, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute. 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. ( 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. ( 3) 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 § 1051.103: ( i) The following duty cycle applies for discrete mode testing: 166 Table 1 of § 1051.505   5 mode Duty Cycle for Snowmobiles Mode Number Speed ( percent) 1 Torque ( percent) 2 Minimum Time in mode ( minutes) Weighting Factors 1 100 100 3.0 0.12 2 85 51 3.0 0.27 3 75 33 3.0 0.25 4 65 19 3.0 0.31 5 Idle 0 3.0 0.05 1 Percent speed is percent of maximum test speed. 2 Percent torque is percent of maximum test torque at maximum test speed.

( ii) The following duty cycle applies for ramped modal testing:

Table 2 of § 1051.505   Ramped modal Cycle for Testing Snowmobiles RMC Mode Time in Mode Speed ( percent) Torque ( percent)

1a Steady state 27 Warm Idle 0 1b Transition 20 Linear Transition Linear Transition 2a Steady state 121 100 100 2b Transition 20 Linear Transition Linear Transition 3a Steady state 347 65 19 3b Transition 20 Linear Transition Linear Transition 4a Steady state 305 85 51 4b Transition 20 Linear Transition Linear Transition 5a Steady state 272 75 33 5b Transition 20 Linear Transition Linear Transition 6 Steady state 28 Warm Idle 0 1 Percent speed is percent of maximum test speed. 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 Percent torque is percent of maximum test torque at maximum test speed.

( b) * * * ( 3) Keep engine torque under 5 percent of maximum test torque. * * * * * ( d) Ambient temperatures during testing must be between 20 ° C and 30 ° C ( 68 ° F and 86 ° F), or other representative test temperatures, as specified in paragraph ( f) of this section. ( e) See 40 CFR part 1065 for detailed specifications of tolerances and calculations. 167 ( f) You may test snowmobiles at ambient temperatures below 20  C or using intake air temperatures below 20  C if you show that such testing complies with 40 CFR 1065.10( c)( 1). You must get our approval before you begin the emission testing. For example, the following approach would be appropriate to show that such testing complies with 40 CFR 1065.10( c)( 1): * * * ( 5) Calculate the nominal intake air test temperature for each test mode as  10 ° C ( 14 ° F) plus the temperature difference for the corresponding mode determined in paragraph ( f)( 4) of this section. ( 6) Before the emissions test, select the appropriate carburetor jetting for  10 ° C ( 14 ° F) conditions according to the jet chart. For each mode, maintain the inlet air temperature within 5 ° C ( 9 ° F) of the corresponding modal temperature calculated in paragraph ( f)( 5) of this section. * * * * *

307. Section 1051.515 is amended by revising paragraphs ( a)( 5), ( b), and ( d)( 2) to read as follows: § 1051.515 How do I test my fuel tank for permeation emissions? * * * * * ( a) * * * ( 5) Seal the fuel tank using fuel caps and other fittings ( excluding petcocks) that can be used to seal openings in a production fuel tank. In cases where openings are not normally sealed on the fuel tank ( such as hose connection fittings and vents in fuel caps), these openings may be sealed using nonpermeable fittings such as metal or fluoropolymer plugs. ( b) Permeation test run. To run the test, take the following steps for a tank that was preconditioned as specified in paragraph ( a) of this section: ( 1) Weigh the sealed fuel tank and record the weight to the nearest 0.1 grams. You may use less precise weights as long as the difference in mass from the start of the test to the end of the test has at least three significant figures. Take this measurement within 8 hours of filling the tank with test fuel as specified in paragraph ( a)( 3) of this section. ( 2) Carefully place the tank within a ventilated, temperature controlled room or enclosure. Do not spill or add any fuel. ( 3) Close the room or enclosure and record the time. ( 4) Ensure that the measured temperature in the room or enclosure is 28 ± 2  C. ( 5) Leave the tank in the room or enclosure for 14 days. ( 6) Hold the temperature of the room or enclosure to 28 ± 2  C; measure and record the temperature at least daily. ( 7) At the end of the soak period, weigh the sealed fuel tank and record the weight to the nearest 0.1 grams. You may use less precise weights as long as the difference in mass from the start of the test to the end of the test has at least three significant figures. Unless the same fuel is used in the preconditioning fuel soak and the permeation test run, record weight measurements on five separate days per week of testing. The test is void if a linear plot of tank weight vs. test days for the full soak period for permeation testing specified in paragraph ( b)( 5) of this section yields r2 below 0.8. See 40 CFR 1065.602 for the equation to calculate r2. 168 ( 8) Subtract the weight of the tank at the end of the test from the weight of the tank at the beginning of the test; divide the difference by the internal surface area of the fuel tank. Divide this g/ m2 value by the number of test days ( using at least three significant figures) to calculate the g/ m2/ day emission rate. Example: If a tank with an internal surface area of 0.72 m2 weighed 31882.3 grams at the beginning of the test and weighed 31813.8 grams after soaking for 14.03 days, then the g/ m2/ day emission rate would be   ( 31882.3 g  31813.8 g) / 0.72 m2 / 14.03 days = 6.78 g/ m2/ day. ( 9) Round your result to the same number of decimal places as the emission standard. ( 10) In cases where consideration of permeation rates, using good engineering judgment, leads you to conclude that soaking for 14 days is not long enough to measure weight change to at least three significant figures, you may soak for 14 days longer. In this case, repeat the steps in paragraphs ( b)( 8) and ( 9) of this section to determine the weight change for the full 28 days. * * * * * ( d)* * * ( 2) UV exposure. Perform a sunlight exposure test by exposing the tank to an ultraviolet light of at least 24 W/ m2 ( 0.40 W hr/ m2/ min) on the tank surface for at least 450 hours. Alternatively, the fuel tank may be exposed to direct natural sunlight for an equivalent period of time, as long as you ensure that the tank is exposed to at least 450 daylight hours. * * * * *

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

309. Section 1051.605 is revised to read as follows: § 1051.605 What provisions apply to engines already certified under the motor vehicle program or the Large Spark ignition program? ( a) General provisions. If you are an engine manufacturer, this section allows you to introduce into commerce new recreational vehicles, and engines for recreational vehicles, if the engines are already certified to the requirements that apply to spark ignition engines under 40 CFR parts 85 and 86 or 40 CFR part 1048 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 or 1048 for each engine to also be a valid certificate of conformity under this part 1051 for its model year, without a separate application for certification under the requirements of this part 1051. See § 1051.610 for similar provisions that apply to vehicles that are already certified to the vehicle based standards for motor vehicles. ( b) Vehicle manufacturer provisions. If you are not an engine manufacturer, you may install an engine certified for the appropriate model year under 40 CFR part 86 or 1048 in a recreational vehicle as long as you meet all the requirements and conditions specified in paragraph ( d) of this section. If you modify the non recreational engine in any of the ways described in paragraph ( d)( 2) of this section for installation in a recreational vehicle, we will consider you a manufacturer 169 of recreational vehicles. Such engine modifications prevent you from using the provisions of this section. ( c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86 or 40 CFR part 1048. This paragraph ( c) applies to engine manufacturers, vehicle manufacturers who use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of 40 CFR 1068.101( a)( 1) apply to these new engines and vehicles; however, we consider the certificate issued under 40 CFR part 86 or 1048 for each engine to also be a valid certificate of conformity under this part 1051 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under this part 1051 or under 40 CFR part 85 or 1068.505. ( d) Specific requirements. If you are an engine or vehicle manufacturer and meet all the following criteria and requirements regarding your new engine or vehicle, the vehicle using the engine is eligible for an exemption under this section: ( 1) Your engine must be covered by a valid certificate of conformity issued under 40 CFR part 86 or 1048. ( 2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption: ( i) Change any fuel system or evaporative system parameters from the certified configuration ( this does not apply to refueling controls). ( ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components. ( iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges. ( 3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in recreational vehicles. 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 emission control information label we require under 40 CFR part 86 or 1048. ( 5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vehicle. In the supplemental label, do the following: ( i) Include the heading: " RECREATIONAL VEHICLE EMISSION CONTROL INFORMATION". ( ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. 170 ( iii) State: " THIS ENGINE WAS ADAPTED FOR A RECREATIONAL USE WITHOUT AFFECTING ITS EMISSION CONTROLS.". ( iv) State the date you finished installation ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible after the engine is installed in the vehicle or, if the vehicle obscures the engine's emission control information label, the make sure the vehicle manufacturer attaches duplicate labels, as described in 40 CFR 1068.105. ( 7) Send the Designated Compliance Officer a signed letter by the end of each calendar year ( or less often if we tell you) with all the following information: ( i) Identify your full corporate name, address, and telephone number. ( ii) List the engine or vehicle models you expect to produce under this exemption in the coming year. ( iii) State: " We produce each listed [ engine or vehicle] model for recreational application without making any changes that could increase its certified emission levels, as described in 40 CFR 1051.605.". ( e) Failure to comply. If your engines do not meet the criteria listed in paragraph ( d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1051 and the certificate issued under 40 CFR part 86 or 1048 will not be deemed to also be a certificate issued under this part 1051. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101( a)( 1). ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Engines or vehicles adapted for recreational use under this section may not generate or use emission credits under this part 1051. These engines or vehicles may generate credits under the ABT provisions in 40 CFR part 86. These engines or vehicles must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard.

310. Section 1051.610 is revised to read as follows: § 1051.610 What provisions apply to vehicles already certified under the motor vehicle program? ( a) General provisions. If you are a motor vehicle manufacturer, this section allows you to introduce new recreational vehicles into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86. 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 1051 for its model year, without a separate application for certification under the requirements of this part 1051. This section applies especially for highway motorcycles that are modified for recreational nonroad use. See § 1051.605 for similar provisions that apply to motor vehicle engines or Large SI engines produced for recreational vehicles. ( b) Nonroad vehicle manufacturer provisions. If you are not a motor vehicle manufacturer, you may produce recreational vehicles 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 171 will consider you a manufacturer of a new recreational vehicle. Such modifications prevent you from using the provisions of this section. ( c) Liability. Engines and vehicles 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, vehicle manufacturers, and all other persons as if the recreational vehicles were motor vehicles. The prohibited acts of 40 CFR1068.101( a)( 1) apply to these new recreational vehicles; 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 recreational vehicle under this part 1051 for its model year. If we make a determination that these engines or vehicles 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 recreational vehicle and its engine, the vehicle is eligible for an exemption under this section: ( 1) Your vehicle 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 parameters from the certified configuration. ( 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 recreational vehicles. This includes any type of vehicle, without regard to which company completes the manufacturing of the recreational vehicle. 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 vehicle must have the vehicle emission control information we require under 40 CFR part 86. ( 5) You must add a permanent supplemental label to the vehicle in a position where it will remain clearly visible. In the supplemental label, do the following: ( i) Include the heading: " RECREATIONAL VEHICLE 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. 172 ( iii) State: " THIS VEHICLE WAS ADAPTED FOR RECREATIONAL USE WITHOUT AFFECTING ITS EMISSION CONTROLS.". ( iv) State the date you finished modifying the vehicle ( month and year), if applicable. ( 6) The original and supplemental labels must be readily visible in the fully assembled vehicle. ( 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 vehicle models you expect to produce under this exemption in the coming year. ( iii) State: " We produced each listed engine or vehicle model for recreational application without making any changes that could increase its certified emission levels, as described in 40 CFR 1051.610.". ( e) Failure to comply. If your engines or vehicles 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 1051, and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1051. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101( a)( 1). ( f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. ( g) Participation in averaging, banking and trading. Vehicles adapted for recreational use under this section may not generate or use emission credits under this part 1051. These engines may generate credits under the ABT provisions in 40 CFR part 86. These engines must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard.

311. Section 1051.615 is amended by revising paragraphs ( a) introductory text, ( b) introductory text, and ( d) to read as follows: § 1051.615 What are the special provisions for certifying small recreational engines? ( a) You may certify ATVs with engines that have total displacement of less than 100 cc to the following exhaust emission standards instead of certifying them to the exhaust emission standards of subpart B of this part: * * * * * ( b) You may certify off highway motorcycles with engines that have total displacement of 70 cc or less to the following exhaust emission standards instead of certifying them to the exhaust emission standards of subpart B of this part: * * * * * ( d) Measure steady state emissions by testing the engine on an engine dynamometer using the equipment and procedures of 40 CFR part 1065 with either discrete mode or ramped modal cycles. You must use the type of testing 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 do testing the same way. We may also perform other testing as allowed by the Clean Air Act. Measure steady state emissions 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 173 mode. In each mode, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute. 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. ( 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. ( 3) 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 applicable emission standards: ( i) The following duty cycle applies for discrete mode testing:

Table 1 of § 1051.615   6 Mode Duty Cycle for Recreational Engines Mode Number Engine Speed ( percent) 1 Torque ( percent) 2 Minimum Time in Mode ( minutes) Weighting Factors 1 85 100 5.0 0.09 2 85 75 5.0 0.20 3 85 50 5.0 0.29 4 85 25 5.0 0.30 5 85 10 5.0 0.07 6 Idle 0 5.0 0.05 1 Percent speed is percent of maximum test speed. 2 Percent torque is percent of maximum test torque at maximum test speed. 174 ( ii) The following duty cycle applies for ramped modal testing:

Table 2 of § 1051.615   Ramped modal Cycle for Testing Recreational Engines RMC Mode Time Speed ( percent) 1,2 Torque ( percent) 2,3 1a Steady state 41 Warm Idle 0 1b Transition 20 Linear Transition Linear Transition 2a Steady state 135 85 100 2b Transition 20 85 Linear Transition 3a Steady state 112 85 10 3b Transition 20 85 Linear Transition 4a Steady state 337 85 75 4b Transition 20 85 Linear Transition 5a Steady state 518 85 25 5b Transition 20 85 Linear Transition 6a Steady state 494 85 50 6b Transition 20 Linear Transition Linear Transition 7 Steady state 43 Warm Idle 0 1 Percent speed is percent of maximum test speed. 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 Percent torque is percent of maximum test torque at the commanded test speed.

( 4) During idle mode, hold the speed within your specifications, keep the throttle fully closed, and keep engine torque under 5 percent of the peak torque value at maximum test speed. ( 5) For the full load operating mode, operate the engine at wide open throttle ( 6) See 40 CFR part 1065 for detailed specifications of tolerances and calculations. * * * * *

312. Section 1051.620 is amended by revising paragraph ( b)( 1)( vi) to read as follows: § 1051.620 When may a manufacturer obtain an exemption for competition recreational vehicles? * * * * * ( b) * * * ( 1)* * * ( vi) The absence of a functional seat. ( For example, a seat with less than 30 square inches of seating surface would generally not be considered a functional seat). * * * * *

313. A new § 1051.645 is added to read as follows: § 1051.645 What special provisions apply to branded engines? 175 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 § 1051.135( 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 § 1051.120. 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.

314. Section 1051.701 is amended by revising paragraphs ( a), ( c), and ( d) and adding paragraphs ( e), ( f), and ( g) to read as follows: § 1051.701 General provisions. ( a) You may average, bank, and trade emission credits for purposes of certification as described in this subpart to show compliance with the standards of this part. To do this you must certify your engines to Family Emission Limits ( FELs) and show that your average emission levels are below the applicable standards in subpart B of this part, or that you have sufficient credits to offset a credit deficit for the model year ( as calculated in § 1051.720). * * * * * ( c) The definitions of Subpart I of this part apply to this subpart. The following definitions also apply: ( 1) Actual emission credits means emission credits you have generated that we have verified by reviewing your final report. ( 2) Average standard means a standard that allows you comply by averaging all your vehicles under this part. See subpart B of this part to determine which standards are average standards. ( 3) Averaging set means a set of engines in which emission credits may be exchanged only with other engines in the same averaging set. ( 4) Broker means any entity that facilitates a trade of emission credits between a buyer and seller. ( 5) Buyer means the entity that receives emission credits as a result of a trade. ( 6) Reserved emission credits means emission credits you have generated that we have not yet verified by reviewing your final report. ( 7) Seller means the entity that provides emission credits during a trade. ( 8) Trade means to exchange emission credits, either as a buyer or seller. ( d) In your application for certification, base your showing of compliance on projected production volumes for vehicles whose point of first retail sale is in the United States. As described in § 1051.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual production volumes for vehicles whose point of first retail sale is in the United States. Do not include any of the following vehicles to calculate emission credits: ( 1) Vehicles exempted under subpart G of this part or under 40 CFR part 1068. ( 2) Exported vehicles. 176 ( 3) Vehicles not subject to the requirements of this part, such as those excluded under § 1051.5. ( 4) Vehicles for which the location of first retail sale is in a state that has applicable state emission regulations for that model year. However, this restriction does not apply if we determine that the state standards and requirements are equivalent to those of this part and that these vehicles sold in such a state will not generate credits under the state program. For example, you may not include vehicles certified for California if it has more stringent emission standards for these vehicles or those vehicles generate or use emission credits under the California program. ( 5) Any other vehicles, where we indicate elsewhere in this part 1051 that they are not to be included in the calculations of this subpart. ( e) You may not use emission credits generated under this subpart to offset any emissions that exceed an FEL or standard, except as specified in § 1051.225( f)( 1). This applies for all testing, including certification testing, in use testing, selective enforcement audits, and other productionline testing. ( f) Emission credits may be used in the model year they are generated or in future model years. Emission credits may not be used for past model years. ( g) You may increase or decrease an FEL during the model year by amending your application for certification under § 1051.225.

315. Section 1051.705 is amended by revising paragraphs ( a), ( b), and ( c) and adding paragraph ( e) to read as follows: § 1051.705 How do I average emission levels? ( a) As specified in subpart B of this part, certify each vehicle to an FEL, subject to the FEL caps in subpart B of this part. ( b) Calculate a preliminary average emission level according to § 1051.720 for each averaging set using projected U. S. directed production volumes from your application for certification, excluding vehicles described in § 1051.701( d)( 4). ( c) After the end of your model year, calculate a final average emission level according to § 1051.720 for each type of recreational vehicle or engine you manufacture or import. Use actual U. S. directed production volumes, excluding vehicles described in § 1051.701( d)( 4). * * * * * ( e) If your average emission level is above the allowable average standard, you must obtain enough emission credits to offset the deficit by the due date for the final report required in § 1051.730. The emission credits used to address the deficit may come from emission credits you have banked or from emission credits you obtain through trading.

316. Section 1051.710 is revised to read as follows: § 1051.710 How do I generate and bank emission credits? ( a) Banking is the retention of emission credits by the manufacturer generating the emission credits for use in averaging or trading in future model years. You may use banked emission credits only within the averaging set in which they were generated. 177 ( b) If your average emission level is below the average standard, you may calculate credits according to § 1051.720. Credits you generate do not expire. ( c) You may generate credits if you are a certifying manufacturer. ( d) In your application for certification, designate any emission credits you intend to bank. These emission credits will be considered reserved credits. During the model year and before the due date for the final report, you may redesignate these emission credits for averaging or trading. ( e) You may use banked emission credits from the previous model year for averaging or trading before we verify them, but we may revoke these emission credits if we are unable to verify them after reviewing your reports or auditing your records. ( f) Reserved credits become actual emission credits only when we verify them in reviewing your final report.

317. Section 1051.715 is revised to read as follows: § 1051.715 How do I trade emission credits? ( a) Trading is the exchange of emission credits between manufacturers. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits may be used only within the averaging set in which they were generated. ( b) You may trade banked credits to any certifying manufacturer. ( c) You may trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. ( d) If a negative emission credit balance results from a transaction, both the buyer and seller are liable, except in cases we deem to involve fraud. See § 1051.255( e) for cases involving fraud. We may void the certificates of all engine families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1051.745.

318. Section 1051.720 is amended by revising paragraphs ( a)( 2) and ( a)( 3) and adding paragraph ( a)( 4) to read as follows: § 1051.720 How do I calculate my average emission level or emission credits? ( a) * * * ( 2) For vehicles that have standards expressed as g/ kW hr and a useful life in kilometers, convert the useful life to kW hr based on the maximum power output observed over the emission test and an assumed vehicle speed of 30 km/ hr as follows: UL ( kW hr) = UL ( km) × Maximum Test Power ( kW) ÷ 30 km/ hr. ( Note: It is not necessary to include a load factor, since credit exchange is not allowed between vehicles certified to g/ kW hr standards and vehicles certified to g/ km standards.) ( 3) For evaporative emission standards expressed as g/ m2/ day, use the useful life value in years multiplied by 365.24 and calculate the average emission level as:

Emission level = [ ( FEL) i × ( UL) i × ( Production) i] / [ ( Production) i × ( UL) i]

i

i

Where: 178 FEL i = The FEL to which the engine family is certified, as described in paragraph ( a)( 4) of this section. Production i = The number of vehicles in the engine family times the average internal surface area of the vehicles' fuel tanks. ( 4) Determine the FEL for calculating credits under paragraph ( a)( 3) of this section using any of the following values: ( i) The FEL to which the tank is certified, as long as the FEL is at or below 3.0 g/ m2/ day. ( ii) 10.4 g/ m2/ day. However, if you use this value to establish the FEL for any of your tanks, you must use this value to establish the FEL for every tank not covered by paragraph ( a)( 4)( i) of this section. ( iii) The measured permeation rate of the tank or the measured permeation rate of a thinner walled tank of the same material. However, if you use this approach to establish the FEL for any of your tanks, you must establish an FEL based on emission measurements for every tank not covered by paragraph ( a)( 4)( i) of this section. * * * * *

319. Section 1051.725 is revised to read as follows: § 1051.725 What must I include in my applications for certification? ( a) You must declare in your applications for certification your intent to use the provisions of this subpart. You must also declare the FELs you select for each engine family. Your FELs must comply with the specifications of subpart B of this part, including the FEL caps. FELs must be expressed to the same number of decimal places as the applicable standards. ( b) Include the following in your application for certification: ( 1) A statement that, to the best of your belief, you will not have a negative balance of emission credits for any averaging set when all emission credits are calculated at the end of the year. This means that if you believe that your average emission level will be above the standard ( i. e., that you will have a deficit for the model year), you must have banked credits ( or project to have received traded credits) to offset the deficit. ( 2) Detailed calculations of projected emission credits ( positive or negative) based on projected production volumes. If you will generate positive emission credits, state specifically where the emission credits will be applied ( for example, whether they will be traded or reserved for banking). If you have projected negative emission credits, state the source of positive emission credits to offset the negative emission credits. Describe whether the emission credits are actual or reserved and whether they will come from banking, trading, or a combination of these. If you intend to rely on trading, identify from which manufacturer the emission credits will come.

320. Section 1051.730 is revised to read as follows: § 1051.730 What ABT reports must I send to EPA? ( a) If any of your engine families are certified using the ABT provisions of this subpart, you must send an end of year report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. We may waive the requirement to send the end of year report, as long as you send the final report on time. 179 ( b) Your end of year and final reports must include the following information for each engine family: ( 1) Engine family designation. ( 2) The emission standards that would otherwise apply to the engine family. ( 3) The FEL for each pollutant. If you changed an FEL during the model year, identify each FEL you used and calculate the positive or negative emission credits under each FEL. Also, describe how the applicable FEL can be identified for each vehicle you produced. For example, you might keep a list of vehicle identification numbers that correspond with certain FEL values. ( 4) The projected and actual production volumes for the model year with a point of retail sale in the United States. If you changed an FEL during the model year, identify the actual production volume associated with each FEL. ( 5) For vehicles that have standards expressed as g/ kW hr, maximum engine power for each vehicle configuration, and the sales weighted average engine power for the engine family. ( 6) Useful life. ( 7) Calculated positive or negative emission credits. Identify any emission credits that you traded, as described in paragraph ( d)( 1) of this section. ( c) Your end of year and final reports must include the following additional information: ( 1) Show that your net balance of emission credits in each averaging set in the applicable model year is not negative. ( 2) State whether you will reserve any emission credits for banking. ( 3) State that the report's contents are accurate. ( d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows: ( 1) As the seller, you must include the following information in your report: ( i) The corporate names of the buyer and any brokers. ( ii) A copy of any contracts related to the trade. ( iii) The engine families that generated emission credits for the trade, including the number of emission credits from each family. ( 2) As the buyer, you must include the following information in your report: ( i) The corporate names of the seller and any brokers. ( ii) A copy of any contracts related to the trade. ( iii) How you intend to use the emission credits, including the number of emission credits you intend to apply to each engine family ( if known). ( e) Send your reports electronically 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. ( f) Correct errors in your end of year report or final report as follows: ( 1) You may correct any errors in your end of year report when you prepare the final report, as long as you send us the final report by the time it is due. ( 2) If you or we determine within 270 days after the end of the model year that errors mistakenly decrease your balance of emission credits, you may correct the errors and recalculate the balance of emission credits. You may not make these corrections for errors that are determined more than 270 days after the end of the model year. If you report a negative balance of emission credits, we may disallow corrections under this paragraph ( f)( 2). 180 ( 3) If you or we determine anytime that errors mistakenly increase your balance of emission credits, you must correct the errors and recalculate the balance of emission credits.

321. Section 1051.735 is revised to read as follows: § 1051.735 What records must I keep? ( a) You must organize and maintain your records as described in this section. We may review your records at any time. ( b) Keep the records required by this section for eight years after the due date for the end of year report. You may use any appropriate storage formats or media, including paper, microfilm, or computer diskettes. ( c) Keep a copy of the reports we require in § 1051.725 and § 1051.730. ( d) Keep the following additional records for each engine you produce under the ABT program: ( 1) Engine family designation. ( 2) Engine identification number. ( 3) FEL and useful life. ( 4) For vehicles that have standards expressed as g/ kW hr, maximum engine power. ( 5) Build date and assembly plant. ( 6) Purchaser and destination. ( e) We may require you to keep additional records or to send us relevant information not required by this section.

322. A new § 1051.740 is added to read as follows: § 1051.740 Are there special averaging provisions for snowmobiles? For snowmobiles, you may only use credits for the same phase or set of standards against which they were generated, except as allowed by this section. ( a) Restrictions. ( 1) You may not use any Phase 1 or Phase 2 credits for Phase 3 compliance. ( 2) You may not use Phase 1 HC credits for Phase 2 HC compliance. However, because the Phase 1 and Phase 2 CO standards are the same, you may use Phase 1 CO credits for compliance with the Phase 2 CO standards. ( b) Special credits for next phase of standards. You may choose to generate credits early for banking for purposes of compliance with later phases of standards as follows: ( 1) If your corporate average emission level at the end of the model year exceeds the applicable ( current) phase of standards ( without the use of traded or previously banked credits), you may choose to redesignate some of your snowmobile production to a calculation to generate credits for a future phase of standards. To generate credits the snowmobiles designated must have an FEL below the emission level of that set of standards. This can be done on a pollutant specific basis. ( 2) Do not include the snowmobiles that you redesignate in the final compliance calculation of your average emission level for the otherwise applicable ( current) phase of standards. Your average emission level for the remaining ( non redesignated) snowmobiles must comply with the otherwise applicable ( current) phase of standards. ( 3) Include the snowmobiles that you redesignate in a separate calculation of your average emission level for redesignated engines. Calculate credits using this average emission level 181 relative to the specific pollutant in the future phase of standards. These credits may be used for compliance with the future standards. ( 4) For generating early Phase 3 credits, you may generate credits for HC+ NOx or CO separately as described: ( i) To determine if you qualify to generate credits in accordance with paragraphs ( b)( 1) through ( 3) of this section, you must meet the credit trigger level. For HC+ NOx this value is 62 g/ kW hr ( which would be the HC+ NOx standard that would result from inputting the highest allowable CO standard ( 275 g/ kW hr) into the Phase 3 equation). For CO the value is 200 g/ kW hr ( which would be the CO standard that would result from inputting the highest allowable HC+ NOx standard ( 90 g/ kW hr) into the Phase 3 equation). ( ii) HC+ NOx and CO credits for Phase 3 are calculated relative to the 62 g/ kW hr and 200 g/ kW hr values, respectively. ( 5) Credits can also be calculated for Phase 3 using both sets of standards. Without regard to the trigger level values, if your net emission reduction for the redesignated averaging set exceeds the requirements of Phase 3 in § 1051.103 ( using both HC+ NOx and CO in the Phase 3 equation in § 1051.103), then your credits are the difference between the Phase 3 reduction requirement of that section and your calculated value.

323. A new § 1051.745 is added to read as follows: § 1051.745 What can happen if I do not comply with the provisions of this subpart? ( a) For each engine family participating in the ABT program, the certificate of conformity is conditional upon full compliance with the provisions of this subpart during and after the model year. You are responsible to establish to our satisfaction that you fully comply with applicable requirements. We may void the certificate of conformity for an engine family if you fail to comply with any provisions of this subpart. ( b) You may certify your engine family to an FEL above an applicable standard based on a projection that you will have enough emission credits to avoid a negative credit balance for each averaging set for the applicable model year. However, except as allowed in § 1051.145( h), we may void the certificate of conformity if you cannot show in your final report that you have enough actual emission credits to offset a deficit for any pollutant in an engine family. ( c) We may void the certificate of conformity for an engine family if you fail to keep records, send reports, or give us information we request. ( d) You may ask for a hearing if we void your certificate under this section ( see § 1051.820).