(6) Describe any other instructions to make sure the installed
engine will operate according to design specifications in your
application for certification. This may include, for example,
instructions for installing aftertreatment devices when installing the
engines.

    (7) State: ``If you install the engine in a way that makes the
engine's emission control information label hard to read during normal
engine maintenance, you must place a duplicate label on the vessel, as
described in 40 CFR 1068.105.''
    (8) Describe any vessel labeling requirements specified in Sec.
1042.135.
* * * * *

0
190. Section 1042.135 is amended by revising paragraphs (b), (c),
(d)(1), and (e) introductory text to read as follows:

Sec.  1042.135  Labeling.

* * * * *
    (b) At the time of manufacture, affix a permanent and legible label
identifying each engine. The label must meet the requirements of 40 CFR
1068.45.
    (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 branding provisions of 40 CFR 1068.45.
    (3) Include EPA's standardized designation for the engine family
(and subfamily, where applicable).
    (4) Identify all the emission standards that apply to the engine
(or FELs, if applicable). If you do not declare an FEL under subpart H
of this part, you may alternatively state the engine's category,
displacement (in liters or L/cyl), maximum engine power (in kW), and
power density (in kW/L) as needed to determine the emission standards
for the engine family. You may specify displacement, maximum engine
power, or power density as a range consistent with the ranges listed in
Sec.  1042.101. See Sec.  1042.140 for descriptions of how to specify
per-cylinder displacement, maximum engine power, and power density.
    (5) State the date of manufacture [DAY (optional), MONTH, and
YEAR]; however, you may omit this from the label if you stamp, engrave,
or otherwise permanently identify it elsewhere on the engine, in which
case you must also describe in your application for certification where
you will identify the date on the engine.
    (6) Identify the application(s) for which the engine family is
certified (such as constant-speed auxiliary, variable-speed propulsion
engines used with fixed-pitch propellers, etc.). If the engine is
certified as a recreational engine, state: ``INSTALLING THIS
RECREATIONAL ENGINE IN A COMMERCIAL VESSEL OR USING THE VESSEL FOR
COMMERCIAL PURPOSES MAY VIOLATE FEDERAL LAW SUBJECT TO CIVIL PENALTY
(40 CFR 1042.601).''
    (7) For engines using sulfur-sensitive technologies, state: ``ULTRA
LOW SULFUR DIESEL FUEL ONLY''.
    (8) State the useful life for your engine family if the applicable
useful life is based on the provisions of Sec.  1042.101(e)(2) or (3),
or Sec.  1042.104(d)(2).
    (9) Identify the emission control system. Use terms and
abbreviations as described in 40 CFR 1068.45. 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.
    (10) State: ``THIS MARINE ENGINE COMPLIES WITH U.S. EPA REGULATIONS
FOR [MODEL YEAR].''
    (11) For a Category 1 or Category 2 engine that can be modified to
operate on residual fuel, but has not been certified to meet the
standards on such a fuel, include the statement: ``THIS ENGINE IS
CERTIFIED FOR OPERATION ONLY WITH DIESEL FUEL. MODIFYING THE ENGINE TO
OPERATE ON RESIDUAL OR INTERMEDIATE FUEL MAY BE A VIOLATION OF FEDERAL
LAW SUBJECT TO CIVIL PENALTIES.''
    (12) For an engine equipped with on-off emission controls as
allowed by Sec.  1042.115, include the statement: ``THIS ENGINE IS
CERTIFIED WITH ON-OFF EMISSION CONTROLS. OPERATION OF THE ENGINE
CONTRARY TO 40 CFR 1042.115(g) IS A VIOLATION OF FEDERAL LAW SUBJECT TO
CIVIL PENALTIES.''
    (13) For engines intended for installation on domestic or public
vessels, include the following statement: ``THIS ENGINE DOES NOT COMPLY
WITH INTERNATIONAL MARINE REGULATIONS FOR COMMERCIAL VESSELS UNLESS IT
IS ALSO COVERED BY AN EIAPP CERTIFICATE.''
    (d) * * *
    (1) You may identify other emission standards that the engine meets
or does not meet (such as international standards), as long as this
does not cause you to omit any of the information described in
paragraphs (c)(5) through (9) of this section. You may add the
information about the other emission standards to the statement we
specify, or you may include it in a separate statement.
* * * * *
    (e) For engines using sulfur-sensitive technologies, create a
separate label with the statement: ``ULTRA LOW SULFUR DIESEL FUEL
ONLY''. Permanently attach this label to the vessel near the fuel inlet
or, if you do not manufacture the vessel, take one of the following
steps to ensure that the vessel will be properly labeled:
* * * * *

0
191. Section 1042.140 is amended by revising paragraph (e) to read as
follows:

Sec.  1042.140  Maximum engine power, displacement, power density, and
maximum in-use engine speed.

* * * * *
    (e) Throughout this part, references to a specific power value for
an engine are based on maximum engine power. For example, the group of
engines with maximum engine power below 600 kW may be referred to as
engines below 600 kW.
* * * * *

Subpart C--Certifying Engine Families

0
192. Section 1042.201 is amended by revising paragraphs (a) and (g) to
read as follows:

Sec.  1042.201  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
for new production from the indicated effective date until the end of
the model year for which it is issued, which may not extend beyond
December 31 of that year. No certificate will be issued after December
31 of the model year. You may amend your application for certification
after the end of the model year in certain circumstances as described
in Sec. Sec.  1042.220 and 1042.225. You must renew your certification
annually for any engines you continue to produce.
* * * * *
    (g) We may require you to deliver your test engines to a facility
we designate for our testing (see Sec.  1042.235(c)). Alternatively,
you may choose to deliver another engine that is identical in all
material respects to the test engine, or another engine that we
determine can appropriately serve as an emission-data engine for the
engine family.
* * * * *

0
193. Section 1042.205 is amended by revising paragraphs (g), (o),
(r)(1), and (bb)(1) to read as follows:

Sec.  1042.205  Application requirements.

* * * * *
    (g) List the specifications of the test fuel (or mixture of test
fuels) to show that they fall within the required ranges we specify in
40 CFR part 1065.
* * * * *

    (o) Present emission data for HC, NOX, PM, and CO on an
emission-data engine to show your engines meet emission standards as
specified in Sec. Sec.  1042.101 or 1042.104. Note that you must submit
PM data for all engines, whether or not a PM standard applies. Show
emission figures before and after applying adjustment factors for
regeneration and deterioration factors for each pollutant and for each
engine. If we specify more than one grade of any fuel type (for
example, high-sulfur and low-sulfur diesel fuel), you need to submit
test data only for one grade, unless the regulations of this part
specify otherwise for your engine. Include emission results for each
mode for Category 3 engines or for other engines if you do discrete-
mode testing under Sec.  1042.505. For engines using on-off controls as
described in Sec.  1042.115(g), include emission data demonstrating
compliance with the Tier 2 standards when the engines Tier 3
NOX emission controls are disabled. Note that Sec. Sec.
1042.235 and 1042.245 allows you to submit an application in certain
cases without new emission data.
* * * * *
    (r) * * *
    (1) Report all valid test results involving measurement of
pollutants for which emission standards apply. Also indicate whether
there are test results from invalid tests or from any other tests of
the emission-data engine, whether or not they were conducted according
to the test procedures of subpart F of this part. We may require you to
report these additional test results. 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.
* * * * *
    (bb) * * *
    (1) Describe your normal practice for importing engines. For
example, this may include identifying the names and addresses of any
agents you have authorized to import your engines.
* * * * *

0
194. Section 1042.225 is amended by adding paragraphs (b)(4) and (g) to
read as follows:

Sec.  1042.225  Amending applications for certification.

* * * * *
    (b) * * *
    (4) Include any other information needed to make your application
correct and complete.
* * * * *
    (g) You may produce engines as described in your amended
application for certification and consider those engines to be in a
certified configuration if we approve a new or modified engine
configuration during the model year under paragraph (d) of this
section. Similarly, you may modify in-use engines as described in your
amended application for certification and consider those engines to be
in a certified configuration if we approve a new or modified engine
configuration at any time under paragraph (d) of this section.
Modifying a new or in-use engine to be in a certified configuration
does not violate the tampering prohibition of 40 CFR 1068.101(b)(1), as
long as this does not involve changing to a certified configuration
with a higher family emission limit.

0
195. Section 1042.235 is amended by revising paragraphs (b), (c)
introductory text, (c)(4), and (d)(1) to read as follows:

Sec.  1042.235  Emission testing related to certification.

* * * * *
    (b) Test your emission-data engines using the procedures and
equipment specified in subpart F of this part. In the case of dual-fuel
engines, measure emissions when operating with each type of fuel for
which you intend to certify the engine. In the case of flexible-fuel
engines, measure emissions when operating with the fuel mixture that
best represents in-use operation or is most likely to have the highest
NOX emissions (or NOX+HC emissions for engines
subject to NOX+HC standards), though you may ask us to
instead to perform tests with both fuels separately if you can show
that intermediate mixtures are not likely to occur in use.
* * * * *
    (c) We may perform confirmatory testing by measuring emissions from
any of your emission-data engines or other engines from the engine
family, as follows:
* * * * *
    (4) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter. For example, this would apply for an engine
parameter that is subject to production variability because it is
adjustable during production, but is not considered an adjustable
parameter (as defined in Sec.  1042.901) because it is permanently
sealed. For parameters that relate to a level of performance that is
itself subject to a specified range (such as maximum power output), we
will generally perform any calibration under this paragraph (c)(4) in a
way that keeps performance within the specified range.
    (d) * * *
    (1) The engine family from the previous model year differs from the
current engine family only with respect to model year, items identified
in Sec.  1042.225(a), or other characteristics unrelated to emissions.
We may waive this criterion for differences we determine not to be
relevant.
* * * * *

0
196. Section 1042.240 is amended by revising paragraph (c)(3), adding
paragraphs (c)(4) and (5), and revising paragraph (d) to read as
follows:

Sec.  1042.240  Demonstrating compliance with exhaust emission
standards.

* * * * *
    (c) * * *
    (3) Sawtooth and other nonlinear deterioration patterns. The
deterioration factors described in paragraphs (c)(1) and (2) of this
section assume that the highest useful life emissions occur either at
the end of useful life or at the low-hour test point. The provisions of
this paragraph (c)(3) apply where good engineering judgment indicates
that the highest emissions over the useful life will occur between
these two points. For example, emissions may increase with service
accumulation until a certain maintenance step is performed, then return
to the low-hour emission levels and begin increasing again. Base
deterioration factors for engines with such emission patterns on the
difference between (or ratio of) the point at which the highest
emissions occur and the low-hour test point. Note that this applies for
maintenance-related deterioration only where we allow such critical
emission-related maintenance.
    (4) Deterioration factor for crankcase emissions. If your engine
vents crankcase emissions to the exhaust or to the atmosphere, you must
account for crankcase emission deterioration, using good engineering
judgment. You may use separate deterioration factors for crankcase
emissions of each pollutant (either multiplicative or additive) or
include the effects in combined deterioration factors that include
exhaust and crankcase emissions together for each pollutant.
    (5) Dual-fuel and flexible-fuel engines. In the case of dual-fuel
and flexible-fuel engines, apply deterioration factors separately for
each fuel type. You may accumulate service hours on a single emission-
data engine using the type of fuel or the fuel mixture expected to have
the highest combustion and exhaust temperatures; you may ask us to
approve a different fuel mixture if you demonstrate that a different
criterion is more appropriate.
    (d) Determine the official emission result for each pollutant to at
least one

more decimal place than the applicable standard. Apply the
deterioration factor to the official emission result, as described in
paragraph (c) of this section, then round the adjusted figure to the
same number of decimal places as the emission standard. Compare the
rounded emission levels to the emission standard for each emission-data
engine. In the case of NOX+HC standards, apply the
deterioration factor to each pollutant and then add the results before
rounding.
* * * * *

0
197. Section 1042.250 is amended by revising paragraphs (b)(3)(iv) and
(c) to read as follows:

Sec.  1042.250  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (3) * * *
    (iv) All your emission tests, including the date and purpose of
each test and documentation of test parameters as specified in part 40
CFR part 1065.
* * * * *
    (c) Keep required data from emission tests and all other
information specified in this section for eight years after we issue
your certificate. If you use the same emission data or other
information for a later model year, the eight-year period restarts with
each year that you continue to rely on the information.
* * * * *

0
198. Section 1042.255 is amended by revising paragraphs (c)(2), (d),
and (e) to read as follows:

Sec.  1042.255  EPA decisions.

* * * * *
    (c) * * *
    (2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent). This includes doing anything
after submission of your application to render any of the submitted
information false or incomplete.
* * * * *
    (d) We may void the certificate of conformity for an engine family
if you fail to keep records, send reports, or give us information as
required under this part or the Clean Air Act. Note that these are also
violations of 40 CFR 1068.101(a)(2).
    (e) We may void your certificate if we find that you intentionally
submitted false or incomplete information. This includes rendering
submitted information false or incomplete after submission.
* * * * *

Subpart D--Testing Production-Line Engines

0
199. Section 1042.301 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1042.301   General provisions.

    (a) If you produce freshly manufactured marine engines that are
subject to the requirements of this part, you must test them as
described in this subpart, except as follows:
* * * * *

0
200. Section 1042.302 is amended by revising paragraph (a) to read as
follows:

Sec.  1042.302  Applicability of this subpart for Category 3 engines.

* * * * *
    (a) You must test each Category 3 engine at the sea trial of the
vessel in which it is installed or within the first 300 hours of
operation, whichever occurs first. This may involve testing a fully
assembled production engine before it is installed in the vessel. Since
you must test each engine, the provisions of Sec. Sec.  1042.310 and
1042.315(b) do not apply for Category 3 engines. If we determine that
an engine failure under this subpart is caused by defective components
or design deficiencies, we may revoke or suspend your certificate for
the engine family as described in Sec.  1042.340. If we determine that
an engine failure under this subpart is caused only by incorrect
assembly, we may suspend your certificate for the engine family as
described in Sec.  1042.325. If the engine fails, you may continue
operating only to complete the sea trial and return to port. It is a
violation of 40 CFR 1068.101(b)(1) to operate the vessel further until
you remedy the cause of failure. Each two-hour period of such operation
constitutes a separate offense. A violation lasting less than two hours
constitutes a single offense.
* * * * *

Subpart F--Test Procedures

0
201. Section 1042.501 is amended by revising paragraphs (a), (d), (e),
and (f) and adding paragraph (h) to read as follows:

Sec.  1042.501  How do I run a valid emission test?

* * * * *
    (a) Use the equipment and procedures for compression-ignition
engines in 40 CFR part 1065 to determine whether engines meet the duty-
cycle emission standards in Sec. Sec.  1042.101 or 1042.104. Measure
the emissions of all regulated pollutants as specified in 40 CFR part
1065. Use the applicable duty cycles specified in Sec.  1042.505. The
following exceptions from the 40 CFR part 1065 procedures apply:
    (1) If you perform discrete-mode testing and use only one batch
fuel measurement to determine your mean raw exhaust flow rate, you must
target a constant sample flow rate over the mode. Verify proportional
sampling as described in 40 CFR 1065.545 using the mean raw exhaust
molar flow rate paired with each recorded sample flow rate.
    (2) If you perform discrete[hyphen]mode testing, you may verify
proportional sampling over the whole duty cycle instead of verifying
proportional sampling for each discrete mode.
* * * * *
    (d) Adjust measured emissions to account for aftertreatment
technology with infrequent regeneration as described in Sec.  1042.525.
    (e) Duty-cycle testing is limited to atmospheric pressures between
91.000 and 103.325 kPa.
    (f) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10.
* * * * *
    (h) This subpart is addressed to you as a manufacturer, but it
applies equally to anyone who does testing for you, and to us when we
perform testing to determine if your engines meet emission standards.

0
202. Section 1042.505 is amended by revising paragraph (b)(5)(iii) to
read as follows:

Sec.  1042.505  Testing engines using discrete-mode or ramped-modal
duty cycles.

* * * * *
    (b) * * *
    (5) * * *
    (iii) Use the 8-mode duty cycle or the corresponding ramped-modal
cycle described in 40 CFR part 1039, Appendix II, paragraph (c) for
variable-speed auxiliary engines with maximum engine power at or above
19 kW that are not propeller-law engines.
* * * * *

0
203. Section 1042.515 is amended by revising paragraphs (f)(2), (f)(4),
and (g) to read as follows:

Sec.  1042.515  Test procedures related to not-to-exceed standards.

* * * * *
    (f) * * *
    (2) You may ask us to approve a Limited Testing Region (LTR). An
LTR is a region of engine operation, within the applicable NTE zone,
where you have demonstrated that your engine family operates for no
more than 5.0

percent of its normal in-use operation, on a time-weighted basis. You
must specify an LTR using boundaries based on engine speed and power
(or torque), where the LTR boundaries must coincide with some portion
of the boundary defining the overall NTE zone. Any emission data
collected within an LTR for a time duration that exceeds 5.0 percent of
the duration of its respective NTE sampling period will be excluded
when determining compliance with the applicable NTE standards. Any
emission data collected within an LTR for a time duration of 5.0
percent or less of the duration of the respective NTE sampling period
will be included when determining compliance with the NTE standards.
* * * * *
    (4) You may exclude emission data based on catalytic aftertreatment
temperatures as follows:
    (i) For an engine equipped with a catalytic NOX
aftertreatment system, exclude NOX emission data that is
collected when the exhaust temperature at any time during the NTE event
is less than 250 [deg]C.
    (ii) For an engine equipped with an oxidizing catalytic
aftertreatment system, exclude HC and CO emission data that is
collected when the exhaust temperature at any time during the NTE event
is less than 250 [deg]C. Similarly, exclude PM emission data during
operation involving exhaust temperature below 250 [deg]C for an engine
equipped with an oxidizing flow-through catalyst.
    (iii) Measure exhaust temperature within 30 cm downstream of the
last applicable catalytic aftertreatment device. Where there are
parallel paths, use good engineering judgment to measure the
temperature within 30 cm downstream of the last applicable catalytic
aftertreatment device in the path with the greatest exhaust flow.
    (g) Emission sampling is not valid for NTE testing if it includes
any active regeneration, unless the emission averaging period includes
the complete regeneration event(s) and the full period of engine
operation until the start of the next regeneration event. This
provision applies only for engines that send an electronic signal
indicating the start of the regeneration event.

0
204. Section 1042.525 is revised to read as follows:

Sec.  1042.525  How do I adjust emission levels to account for
infrequently regenerating aftertreatment devices?

    For engines using aftertreatment technology with infrequent
regeneration events that may occur during testing, take one of the
following approaches to account for the emission impact of
regeneration, or use an alternate methodology that we approve for
Category 3 engines:
    (a) You may use the calculation methodology described in 40 CFR
1065.680 to adjust measured emission results. Do this by developing an
upward adjustment factor and a downward adjustment factor for each
pollutant based on measured emission data and observed regeneration
frequency as follows:
    (1) Adjustment factors should generally apply to an entire engine
family, but you may develop separate adjustment factors for different
configurations within an engine family. Use the adjustment factors from
this section in all testing for the engine family.
    (2) You may use carryover or carry-across data to establish
adjustment factors for an engine family as described in Sec.  1042.235,
consistent with good engineering judgment.
    (3) Determine the frequency of regeneration, F, as described in 40
CFR 1065.680 from in-use operating data or from running repetitive
tests in a laboratory. If the engine is designed for regeneration at
fixed time intervals, you may apply good engineering judgment to
determine F based on those design parameters.
    (4) Identify the value of F in each application for certification
for which it applies.
    (b) You may ask us to approve an alternate methodology to account
for regeneration events. We will generally limit approval to cases
where your engines use aftertreatment technology with extremely
infrequent regeneration and you are unable to apply the provisions of
this section.
    (c) You may choose to make no adjustments to measured emission
results if you determine that regeneration does not significantly
affect emission levels for an engine family (or configuration) or if it
is not practical to identify when regeneration occurs. If you choose
not to make adjustments under paragraph (a) or (b) of this section,
your engines must meet emission standards for all testing, without
regard to regeneration.

Subpart G--Special Compliance Provisions

0
205. Section 1042.601 is amended by revising paragraph (d) and adding
paragraph (j) to read as follows:

Sec.  1042.601  General compliance provisions for marine engines and
vessels.

* * * * *
    (d) The provisions of Sec.  1042.635 for the national security
exemption apply in addition to the provisions of 40 CFR 1068.225.
* * * * *
    (j) Subpart C of this part describes how to test and certify dual-
fuel and flexible-fuel engines. Some multi-fuel engines may not fit
either of those defined terms. For such engines, we will determine
whether it is most appropriate to treat them as single-fuel engines,
dual-fuel engines, or flexible-fuel engines based on the range of
possible and expected fuel mixtures. For example, an engine might burn
natural gas but initiate combustion with a pilot injection of diesel
fuel. If the engine is designed to operate with a single fueling
algorithm (i.e., fueling rates are fixed at a given engine speed and
load condition), we would generally treat it as a single-fuel engine.
In this context, the combination of diesel fuel and natural gas would
be its own fuel type. If the engine is designed to also operate on
diesel fuel alone, we would generally treat it as a dual-fuel engine.
If the engine is designed to operate on varying mixtures of the two
fuels, we would generally treat it as a flexible-fuel engine. To the
extent that requirements vary for the different fuels or fuel mixtures,
we may apply the more stringent requirements.

0
206. Section 1042.605 is amended by revising paragraph (e)(3) to read
as follows:

Sec.  1042.605  Dressing engines already certified to other standards
for nonroad or heavy-duty highway engines for marine use.

* * * * *
    (e) * * *
    (3) Send the Designated Compliance Officer written notification
describing your plans before using the provisions of this section. In
addition, by February 28 of each calendar year (or less often if we
tell you), send the Designated Compliance Officer a signed letter with
all the following information:
    (i) Identify your full corporate name, address, and telephone
number.
    (ii) List the engine models for which you used this exemption in
the previous year and describe your basis for meeting the sales
restrictions of paragraph (d)(4) of this section.
    (iii) State: ``We prepared each listed engine model for marine
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1042.605.''
* * * * *

0
207. Section 1042.610 is amended by revising paragraph (e)(2) to read
as follows:

Sec.  1042.610  Certifying auxiliary marine engines to land-based
standards.

* * * * *
    (e) * * *
    (2) Send the Designated Compliance Officer written notification
describing your plans before using the provisions of this section. In
addition, by February 28 of each calendar year (or less often if we
tell you), send the Designated Compliance Officer a signed letter with
all the following information:
    (i) Identify your full corporate name, address, and telephone
number.
    (ii) List the engine models for which you used this exemption in
the previous year and describe your basis for meeting the sales
restrictions of paragraph (d)(3) of this section.
    (iii) State: ``We prepared each listed engine model for marine
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1042.610.''
* * * * *

0
208. Section 1042.630 is amended by revising paragraph (f) to read as
follows:

Sec.  1042.630  Personal-use exemption.

* * * * *
    (f) The vessel must be a vessel that is not classed or subject to
Coast Guard inspections or surveys. Note that dockside examinations
performed by the Coast Guard are not considered inspections (see 46
U.S.C. 3301 and 46 U.S.C. 4502).

0
209. Section 1042.635 is revised to read as follows:

Sec.  1042.635   National security exemption.

    Engines qualify for a national security exemption as described in
40 CFR 1068.225. This applies to both freshly manufactured and
remanufactured engines.

Sec.  1042.640  [Removed]

0
210. Section 1042.640 is removed.

0
211. Section 1042.650 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  1042.650  Exemptions for migratory vessels and auxiliary engines
on Category 3 vessels.

* * * * *
    (a) Temporary exemption. A vessel owner may ask us for a temporary
exemption from the tampering prohibition in 40 CFR 1068.101(b)(1) for a
vessel if it will operate for an extended period outside the United
States where ULSD is not available. In your request, describe where the
vessel will operate, how long it will operate there, why ULSD will be
unavailable, and how you will modify the engine, including its emission
controls. If we approve your request, you may modify the engine, but
only as needed to disable or remove the emission controls needed for
meeting the Tier 4 standards. You must return the engine to its
original certified configuration before the vessel returns to the
United States to avoid violating the tampering prohibition in 40 CFR
1068.101(b)(1). We may set additional conditions to prevent
circumvention of the provisions of this part.
* * * * *
    (d) Auxiliary engines on Category 3 vessels. Auxiliary engines that
will be installed on vessels with Category 3 propulsion engines qualify
for an exemption from the standards of this part provided all the
following conditions are met:
    (1) To be eligible for this exemption, the engine must meet all the
following criteria.
    (i) The engine must have an EIAPP certificate demonstrating
compliance with the applicable NOX standards of Annex VI and
meet all other applicable requirements of 40 CFR part 1043. Engines
installed on vessels constructed on or after January 1, 2016 must
conform fully to the Annex VI Tier III NOX standards as
described in 40 CFR part 1043 and meet all other applicable
requirements in 40 CFR part 1043. Engines that would otherwise be
subject to the Tier 4 standards of this part must also conform fully to
the Annex VI Tier III NOX standards as described in 40 CFR
part 1043.
    (ii) The engine may not be used for propulsion (except for
emergency engines).
    (iii) Engines certified to the Annex VI Tier III standards may be
equipped with on-off NOX controls, as long as they conform
to the requirements of Sec. Sec.  1042.110(d) and 1042.115(g); however,
the engines must comply fully with the Annex VI Tier II standards when
the emission controls are disabled, and meet any other requirements
that apply under Annex VI.
    (2) You must notify the Designated Compliance Officer of your
intent to use this exemption before you introduce engines into U.S.
commerce, not later than the time that you apply for an EIAPP
certificate for the engine under 40 CFR part 1043.
    (3) The remanufactured engine requirements of subpart I of this
part do not apply.
    (4) If you introduce an engine into U.S. commerce under this
paragraph (d), you must meet the labeling requirements in Sec.
1042.135, but add the following statement instead of the compliance
statement in Sec.  1042.135(c)(10):
    THIS ENGINE DOES NOT COMPLY WITH CURRENT U.S. EPA EMISSION
STANDARDS UNDER 40 CFR 1042.650 AND IS FOR USE SOLELY IN VESSELS WITH
CATEGORY 3 PROPULSION ENGINES. INSTALLATION OR USE OF THIS ENGINE IN
ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO
CIVIL PENALTY.
    (5) The reporting requirements of Sec.  1042.660 apply for engines
exempted under this paragraph (d).

0
212. Section 1042.655 is amended by revising the section heading and
paragraph (b) to read as follows:

Sec.  1042.655  Special certification provisions for Category 3 engines
with aftertreatment.

* * * * *
    (b) Required testing. The emission-data engine must be tested as
specified in subpart F of this part to verify that the engine-out
emissions comply with the Tier 2 standards. The catalyst material or
other aftertreatment device must be tested under conditions that
accurately represent actual engine conditions for the test points. This
catalyst or aftertreatment testing may be performed on a bench scale.
* * * * *

0
213. Section 1042.660 is amended by revising paragraphs (b) and (c)(1)
to read as follows:

Sec.  1042.660  Requirements for vessel manufacturers, owners, and
operators.

* * * * *
    (b) For vessels equipped with SCR systems requiring the use of urea
or other reductants, owners and operators must report to the Designated
Enforcement Officer within 30 days any operation of such vessels
without the appropriate reductant. This includes vessels with auxiliary
engines certified to Annex VI standards under Sec.  1042.650(d).
Failure to comply with the requirements of this paragraph is a
violation of 40 CFR 1068.101(a)(2). Note that such operation is a
violation of 40 CFR 1068.101(b)(1).
    (c) * * *
    (1) The requirements of this paragraph (c)(1) apply only for
Category 3 engines. All maintenance, repair, adjustment, and alteration
of Category 3 engines subject to the provisions of this part performed
by any owner, operator or other maintenance provider must be performed
using good engineering judgment, in such a manner that the engine
continues (after the maintenance, repair, adjustment or alteration) to
meet the emission standards it was certified as meeting prior to the
need for service. This includes but is not limited to complying with
the maintenance

instructions described in Sec.  1042.125. Adjustments are limited to
the range specified by the engine manufacturer in the approved
application for certification. Note that where a repair (or other
maintenance) cannot be completed while at sea, it is not a violation to
continue operating the engine to reach your destination.
* * * * *

0
214. Section 1042.670 is amended by revising paragraph (d) to read as
follows:

Sec.  1042.670  Special provisions for gas turbine engines.

* * * * *
    (d) Equivalent displacement. Apply displacement-based provisions of
this part by calculating an equivalent displacement from maximum engine
power. The equivalent per-cylinder displacement (in liters) equals
maximum engine power in kW multiplied by 0.00311, except that all gas
turbines with maximum engine power above 9,300 kW are considered to
have an equivalent per-cylinder displacement of 29.0 liters. Also,
determine the appropriate Tier 3 standards for Category 1 engines based
on the engine having an equivalent power density below 35 kW per liter.
* * * * *

Subpart H--Averaging, Banking, and Trading for Certification

0
215. Section 1042.701 is amended by adding paragraphs (j) and (k) to
read as follows:

Sec.  1042.701  General provisions.

* * * * *
    (j) NOx+HC and PM credits generated under 40 CFR part 94
may be used under this part in the same manner as NOx+HC and
PM credits generated under this part.
    (k) You may use either of the following approaches to retire or
forego emission credits:
    (1) You may retire emission credits generated from any number of
your engines. This may be considered donating emission credits to the
environment. Identify any such credits in the reports described in
Sec.  1042.730. Engines must comply with the applicable FELs even if
you donate or sell the corresponding emission credits under this
paragraph (k). Those credits may no longer be used by anyone to
demonstrate compliance with any EPA emission standards.
    (2) You may certify a family using an FEL below the emission
standard as described in this part and choose not to generate emission
credits for that family. If you do this, you do not need to calculate
emission credits for those families and you do not need to submit or
keep the associated records described in this subpart for that family.

0
216. Section 1042.705 is amended by revising paragraph (c) to read as
follows:

Sec.  1042.705  Generating and calculating emission credits.

* * * * *
    (c) As described in Sec.  1042.730, compliance with the
requirements of this subpart is determined at the end of the model year
based on actual U.S.-directed production volumes. Do not include any of
the following engines to calculate emission credits:
    (1) Engines with a permanent exemption under subpart G of this part
or under 40 CFR part 1068.
    (2) Exported engines.
    (3) Engines not subject to the requirements of this part, such as
those excluded under Sec.  1042.5.
    (4) [Reserved]
    (5) Any other engines, where we indicate elsewhere in this part
1042 that they are not to be included in the calculations of this
subpart.

0
217. Section 1042.710 is amended by revising paragraph (c) to read as
follows:

Sec.  1042.710  Averaging emission credits.

* * * * *
    (c) If you certify an engine family to an FEL that exceeds the
otherwise applicable emission standard, you must obtain enough emission
credits to offset the engine family's deficit by the due date for the
final report required in Sec.  1042.730. The emission credits used to
address the deficit may come from your other engine families that
generate emission credits in the same model year, from emission credits
you have banked from previous model years, or from emission credits
generated in the same or previous model years that you obtained through
trading.

0
218. Section 1042.725 is amended by revising paragraph (b)(2) to read
as follows:

Sec.  1042.725  Information required for the application for
certification.

* * * * *
    (b) * * *
    (2) Detailed calculations of projected emission credits (positive
or negative) based on projected production volumes. We may require you
to include similar calculations from your other engine families to
demonstrate that you will be able to avoid negative credit balances for
the model year. If you project negative emission credits for a family,
state the source of positive emission credits you expect to use to
offset the negative emission credits.

0
219. Section 1042.730 is amended by revising paragraphs (b), (c)(2),
and (d) to read as follows:

Sec.  1042.730  ABT reports.

* * * * *
    (b) Your end-of-year and final reports must include the following
information for each engine family participating in the ABT program:
    (1) Engine-family designation and averaging set.
    (2) The emission standards that would otherwise apply to the engine
family.
    (3) The FEL for each pollutant. If you change the FEL after the
start of production, identify the date that you started using the new
FEL and/or give the engine identification number for the first engine
covered by the new FEL. In this case, identify each applicable FEL and
calculate the positive or negative emission credits as specified in
Sec.  1042.225.
    (4) The projected and actual U.S.-directed production volumes for
the model year, as described in Sec.  1042.705(c). If you changed an
FEL during the model year, identify the actual U.S.-directed production
volume associated with each FEL.
    (5) Maximum engine power for each engine configuration, and the
average engine power weighted by U.S.-directed production volumes for
the engine family.
    (6) Useful life.
    (7) Calculated positive or negative emission credits for the whole
engine family. Identify any emission credits that you traded, as
described in paragraph (d)(1) of this section.
    (c) * * *
    (2) State whether you will retain any emission credits for banking.
If you choose to retire emission credits that would otherwise be
eligible for banking, identify the engine families that generated the
emission credits, including the number of emission credits from each
family.
* * * * *
    (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 averaging set corresponding to the engine families that
generated emission credits for the trade, including the number of
emission credits from each averaging set.

    (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 for each averaging set.
* * * * *

0
220. Section 1042.735 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  1042.735  Recordkeeping.

    (a) You must organize and maintain your records as described in
this section.
    (b) Keep the records required by this section for at least eight
years after the due date for the end-of-year report. You may not use
emission credits for any engines if you do not keep all the records
required under this section. You must therefore keep these records to
continue to bank valid credits.
* * * * *

Subpart I--Special Provisions for Remanufactured Marine Engines

0
221. Section 1042.810 is amended by revising paragraph (c) to read as
follows:

Sec.  1042.810  Requirements for owner/operators and installers during
remanufacture.

* * * * *
    (c) Your engine is not subject to the standards of this subpart if
we determine that no certified remanufacturing system is available for
your engine as described in Sec.  1042.815. For engines that are
remanufactured during multiple events within a five-year period, you
are not required to use a certified system until all of your engine's
cylinders have been replaced after the system became available. For
example, if you remanufacture your 16-cylinder engine by replacing four
cylinders each January and a system becomes available for your engine
June 1, 2010, your engine must be in a certified configuration when you
replace four cylinders in January of 2014. At that point, all 16
cylinders would have been replaced after June 1, 2010.
* * * * *

0
222. Section 1042.830 is revised to read as follows:

Sec.  1042.830  Labeling.

    (a) The labeling requirements of this paragraph (a) apply for
remanufacturing that is subject to the standards of this subpart. At
the time of remanufacture, affix a permanent and legible label
identifying each engine. The label must be--
    (1) Attached in one piece so it is not removable without being
destroyed or defaced.
    (2) Secured to a part of the engine needed for normal operation and
not normally requiring replacement.
    (3) Durable and readable for the engine's entire useful life.
    (4) Written in English.
    (b) The label required under paragraph (a) of this section must--
    (1) Include the heading ``EMISSION CONTROL INFORMATION''.
    (2) Include your full corporate name and trademark.
    (3) Include EPA's standardized designation for the engine family.
    (4) State the engine's category, displacement (in liters or L/cyl),
maximum engine power (in kW), and power density (in kW/L) as needed to
determine the emission standards for the engine family. You may specify
displacement, maximum engine power, and power density as ranges
consistent with the ranges listed in Sec.  1042.101. See Sec.  1042.140
for descriptions of how to specify per-cylinder displacement, maximum
engine power, and power density.
    (5) State: ``THIS MARINE ENGINE MEETS THE STANDARDS OF 40 CFR PART
1042, SUBPART I, FOR [CALENDAR YEAR OF REMANUFACTURE].''
    (c) For remanufactured engines that are subject to this subpart as
described in Sec.  1042.801(a), but are not subject to remanufacturing
standards as allowed by Sec.  1042.810 or Sec.  1042.815, you may
voluntarily add a label as specified in paragraphs (a) and (b) of this
section, except that the label must omit the standardized designation
for the engine family and include the following alternative compliance
statement: ``THIS MARINE ENGINE IS NOT SUBJECT TO REMANUFACTURING
STANDARDS UNDER 40 CFR PART 1042, SUBPART I, FOR [CALENDAR YEAR OF
REMANUFACTURE].''
    (d) You may add information to the emission control information
label to identify other emission standards that the engine meets or
does not meet (such as international 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 section if you show that it is necessary or appropriate. We will
approve your request if your alternate label is consistent with the
intent of the labeling requirements of this section.

0
223. Section 1042.836 is amended by revising paragraph (c)(1) to read
as follows:

Sec.  1042.836   Marine certification of locomotive remanufacturing
systems.

* * * * *
    (c) * * *
    (1) Tier 0 locomotive systems may not be used for any Category 1
engines or Tier 1 or later Category 2 engines.
* * * * *

0
224. Section 1042.840 is amended by revising paragraphs (c) and (o) to
read as follows:

Sec.  1042.840  Application requirements for remanufactured engines.

* * * * *
    (c) Summarize the cost effectiveness analysis used to demonstrate
your system will meet the availability criteria of Sec.  1042.815.
Identify the maximum allowable costs for vessel modifications to meet
these criteria.
* * * * *
    (o) Report all valid test results. Also indicate whether there are
test results from invalid tests or from any other tests of the
emission-data engine, whether or not they were conducted according to
the test procedures of subpart F of this part. If you measure
CO2, report those emission levels. We may require you to
report these additional test results. 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.
* * * * *

0
225. Section 1042.850 is amended by revising the introductory text to
read as follows:

Sec.  1042.850  Exemptions and hardship relief.

    This section describes exemption and hardship provisions that are
available for owner/operators of engines subject to the provisions of
this subpart.
* * * * *

Subpart J--Definitions and Other Reference Information

0
226. Section 1042.901 is amended as follows:
0
a. By revising the definition of ``Designated Compliance Officer''.
0
b. By adding definitions for ``Designated Enforcement Officer'',
``Dual-fuel'', and ``Flexible-fuel'' in alphabetical order.
0
c. By revising the definitions for ``Low-sulfur diesel fuel'', ``Model
year'', and ``Placed into service''.
0
d. By removing the definition for ``Point of first retail sale''.

0
e. By revising the definition of ``Sulfur-sensitive technology''.
    The revisions and additions read as follows:

Sec.  1042.901  Definitions.

* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105<EMAIL_ADDRESS>epa.gov/otaq/verify.
    Designated Enforcement Officer means the Director, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
* * * * *
    Dual-fuel means relating to an engine designed for operation on two
different fuels but not on a continuous mixture of those fuels (see
Sec.  1042.601(j)). For purposes of this part, such an engine remains a
dual-fuel engine even if it is designed for operation on three or more
different fuels. Note that this definition differs from MARPOL Annex
VI.
* * * * *
    Flexible-fuel means relating to an engine designed for operation on
any mixture of two or more different fuels (see Sec.  1042.601(j)).
* * * * *
    Low-sulfur diesel fuel means one of the following:
    (1) For in-use fuels, low-sulfur diesel fuel means a diesel fuel
marketed as low-sulfur diesel fuel having a maximum sulfur
concentration of 500 parts per million.
    (2) For testing, low-sulfur diesel fuel has the meaning given in 40
CFR part 1065.
* * * * *
    Model year means any of the following:
    (1) For freshly manufactured marine engines (see definition of
``new marine engine,'' paragraph (1)), model year means one of the
following:
    (i) Calendar year of production.
    (ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year. For seasonal production periods not including
January 1, model year means the calendar year in which the production
occurs, unless you choose to certify the applicable engine family with
the following model year. For example, if your production period is
June 1, 2010 through November 30, 2010, your model year would be 2010
unless you choose to certify the engine family for model year 2011.
    (2) For an engine that is converted to a marine engine after being
certified and placed into service as a motor vehicle engine, a nonroad
engine that is not a marine engine, or a stationary engine, model year
means the calendar year in which the engine was originally produced.
For an engine that is converted to a marine engine after being placed
into service as a motor vehicle engine, a nonroad engine that is not a
marine engine, or a stationary engine without having been certified,
model year means the calendar year in which the engine becomes a new
marine engine. (See definition of ``new marine engine,'' paragraph
(2)).
    (3) For an uncertified marine engine excluded under Sec.  1042.5
that is later subject to this part 1042 as a result of being installed
in a different vessel, model year means the calendar year in which the
engine was installed in the non-excluded vessel. For a marine engine
excluded under Sec.  1042.5 that is later subject to this part 1042 as
a result of reflagging the vessel, model year means the calendar year
in which the engine was originally manufactured. For a marine engine
that become new under paragraph (7) of the definition of ``new marine
engine,'' model year means the calendar year in which the engine was
originally manufactured. (See definition of ``new marine engine,''
paragraphs (3) and (7).)
    (4) For engines that do not meet the definition of ``freshly
manufactured'' but are installed in new vessels, model year means the
calendar year in which the engine is installed in the new vessel (see
definition of ``new marine engine,'' paragraph (4)).
    (5) For remanufactured engines, model year means the calendar year
in which the remanufacture takes place.
    (6) For imported engines:
    (i) For imported engines described in paragraph (6)(i) of the
definition of ``new marine engine,'' model year has the meaning given
in paragraphs (1) through (4) of this definition.
    (ii) For imported engines described in paragraph (6)(ii) of the
definition of ``new marine engine,'' model year means the calendar year
in which the engine is remanufactured.
    (iii) For imported engines described in paragraph (6)(iii) of the
definition of ``new marine engine,'' model year means the calendar year
in which the engine is first assembled in its imported configuration,
unless specified otherwise in this part or in 40 CFR part 1068.
    (iv) For imported engines described in paragraph (6)(iv) of the
definition of ``new marine engine,'' model year means the calendar year
in which the engine is imported.
    (7) [Reserved]
    (8) For freshly manufactured vessels, model year means the calendar
year in which the keel is laid or the vessel is at a similar stage of
construction. For vessels that become new under paragraph (2) or (3) of
the definition of ``new vessel'' (as a result of modifications), model
year means the calendar year in which the modifications physically
begin.
* * * * *
    Placed into service means put into initial use for its intended
purpose. Engines and vessels do not qualify as being ``placed into
service'' based on incidental use by a manufacturer or dealer.
* * * * *
    Sulfur-sensitive technology means an emission control technology
that experiences a significant drop in emission control performance or
emission-system durability when an engine is operated on low-sulfur
diesel fuel (i.e., fuel with a sulfur concentration of 300 to 500 ppm)
as compared to when it is operated on ultra-low sulfur diesel fuel
(i.e., fuel with a sulfur concentration less than 15 ppm). Exhaust gas
recirculation is not a sulfur-sensitive technology.
* * * * *

0
227. Section 1042.905 is revised to read as follows:

Sec.  1042.905  Symbols, acronyms, and abbreviations.

    The following symbols, acronyms, and abbreviations apply to this
part:

ABT Averaging, banking, and trading.
AECD auxiliary emission control device.
CFR Code of Federal Regulations.
CH4 methane.
CO carbon monoxide.
CO2 carbon dioxide.
cyl cylinder.
disp. displacement.
ECA Emission Control Area.
EEZ Exclusive Economic Zone.
EPA Environmental Protection Agency.
FEL Family Emission Limit.
g grams.
HC hydrocarbon.
hr hours.
IMO International Maritime Organization.
kPa kilopascals.
kW kilowatts.
L liters.
LTR Limited Testing Region.

N2O nitrous oxide.
NARA National Archives and Records Administration.
NMHC nonmethane hydrocarbon.
NOX oxides of nitrogen (NO and NO2).
NTE not-to-exceed.
PM particulate matter.
RPM revolutions per minute.
SAE Society of Automotive Engineers.
SCR selective catalytic reduction.
THC total hydrocarbon.
THCE total hydrocarbon equivalent.
ULSD ultra low-sulfur diesel fuel.
U.S.C. United States Code.

0
228. Section 1042.910 is revised to read as follows:

Sec.  1042.910  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish a document in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave. NW., Room B102, EPA West Building,
Washington, DC 20460,<PHONE_NUMBER>, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The International Maritime Organization, 4 Albert Embankment,
London SE1 7SR, United Kingdom, or www.imo.org, or 44-(0)20-7735-7611.
    (1) MARPOL Annex VI, Regulations for the Prevention of Air
Pollution from Ships, Third Edition, 2013, and NOX Technical
Code 2008.
    (i) Revised MARPOL Annex VI, Regulations for the Prevention of
Pollution from Ships, Third Edition, 2013 (``2008 Annex VI''); IBR
approved for Sec.  1042.901.
    (ii) NOX Technical Code 2008, Technical Code on Control
of Emission of Nitrogen Oxides from Marine Diesel Engines, 2013
Edition, (``NOX Technical Code''); IBR approved for
Sec. Sec.  1042.104(g), 1042.230(d), 1042.302(c) and (e), 1042.501(g),
and 1042.901.
    (iii) Annex 12, Resolution MEPC.251(66) from the Report of the
Marine Environment Protection Committee on its Sixty-Sixth Session,
April 25, 2014. This document describes new and revised provisions that
are considered to be part of Annex VI and NOX Technical Code
2008 as referenced in paragraphs (b)(1)(i) and (ii) of this section.
IBR approved for Sec. Sec.  1042.104(g), 1042.230(d), 1042.302(c) and
(e), 1042.501(g), and 1042.901.
    (2) [Reserved]

0
229. Section 1042.915 is revised to read as follows:

Sec.  1042.915  Confidential information.

    The provisions of 40 CFR 1068.10 apply for information you consider
confidential.

0
230. Section 1042.925 is revised to read as follows:

Sec.  1042.925  Reporting and recordkeeping requirements.

    (a) This part includes various requirements to submit and record
data or other information. Unless we specify otherwise, store required
records in any format and on any media and keep them readily available
for eight years after you send an associated application for
certification, or eight years after you generate the data if they do
not support an application for certification. You are expected to keep
your own copy of required records rather than relying on someone else
to keep records on your behalf. We may review these records at any
time. You must promptly send us organized, written records in English
if we ask for them. We may require you to submit written records in an
electronic format.
    (b) The regulations in Sec.  1042.255, 40 CFR 1068.25, and 40 CFR
1068.101 describe your obligation to report truthful and complete
information. This includes information not related to certification.
Failing to properly report information and keep the records we specify
violates 40 CFR 1068.101(a)(2), which may involve civil or criminal
penalties.
    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1042.801).
    (d) Any written information we require you to send to or receive
from another company is deemed to be a required record under this
section. Such records are also deemed to be submissions to EPA. We may
require you to send us these records whether or not you are a
certificate holder.
    (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
engines and vessels regulated under this part:
    (1) We specify the following requirements related to engine
certification in this part 1042:
    (i) In Sec.  1042.135 we require engine manufacturers to keep
certain records related to duplicate labels sent to vessel
manufacturers.
    (ii) In Sec.  1042.145 we include various reporting and
recordkeeping requirements related to interim provisions.
    (iii) In subpart C of this part we identify a wide range of
information required to certify engines.
    (iv) In Sec. Sec.  1042.345 and 1042.350 we specify certain records
related to production-line testing.
    (v) In subpart G of this part we identify several reporting and
recordkeeping items for making demonstrations and getting approval
related to various special compliance provisions.
    (vi) In Sec. Sec.  1042.725, 1042.730, and 1042.735 we specify
certain records related to averaging, banking, and trading.
    (vii) In subpart I of this part we specify certain records related
to meeting requirements for remanufactured engines.
    (2) We specify the following requirements related to testing in 40
CFR part 1065:
    (i) In 40 CFR 1065.2 we give an overview of principles for
reporting information.
    (ii) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published test procedures.
    (iii) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (iv) In 40 CFR 1065.695 we identify the specific information and
data items to record when measuring emissions.
    (3) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (i) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (ii) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (iii) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (iv) In 40 CFR 1068.105 we require vessel manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (v) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.

    (vi) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (vii) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (viii) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (ix) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (x) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.
    (xi) In 40 CFR part 1068, subpart G, we specify certain records for
requesting a hearing.

0
231. Appendix II to Part 1042 is revised to read as follows:

Appendix II to Part 1042--Steady-State Duty Cycles

    (a) The following duty cycles apply as specified in Sec.
1042.505(b)(1):
    (1) The following duty cycle applies for discrete-mode testing:

----------------------------------------------------------------------------------------------------------------
                                                                                Percent of
                  E3 mode No.                           Engine speed \1\           maximum  test     Weighting
                                                                                power          factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Maximum test speed..............             100             0.2
2.............................................  91%.............................              75             0.5
3.............................................  80%.............................              50            0.15
4.............................................  63%.............................              25            0.15
----------------------------------------------------------------------------------------------------------------
\1\ Maximum test speed is defined in 40 CFR part 1065. Percent speed values are relative to maximum test speed.

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

----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)         Engine speed 1 3           Power (percent) 2 3
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             229  Maximum test speed........  100%.
1b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
2a Steady-state.........................             166  63%.......................  25%.
2b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
3a Steady-state.........................             570  91%.......................  75%.
3b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
4a Steady-state.........................             175  80%.......................  50%.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum test speed is defined in 40 CFR part 1065. Percent speed is relative to maximum test speed.
\2\ The percent power is relative to the maximum test power.
\3\ 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, and
  simultaneously command a similar linear progression for engine speed if there is a change in speed setting.

    (b) The following duty cycles apply as specified in Sec.
1042.505(b)(2):
    (1) The following duty cycle applies for discrete-mode testing:

----------------------------------------------------------------------------------------------------------------
                                                                                Percent of
                  E5 mode No.                           Engine speed \1\           maximum  test     Weighting
                                                                                power          factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Maximum test speed..............             100            0.08
2.............................................  91%.............................              75            0.13
3.............................................  80%.............................              50            0.17
4.............................................  63%.............................              25            0.32
5.............................................  Warm idle.......................               0             0.3
----------------------------------------------------------------------------------------------------------------
\1\ Maximum test speed is defined in 40 CFR part 1065. Percent speed values are relative to maximum test speed.

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

----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)         Engine speed 1 3           Power (percent) 2 3
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             167  Warm idle.................  0.
1b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
2a Steady-state.........................              85  Maximum test speed........  100%.
2b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
3a Steady-state.........................             354  63%.......................  25%.
3b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
4a Steady-state.........................             141  91%.......................  75%.
4b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
5a Steady-state.........................             182  80%.......................  50%.

5b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
6 Steady-state..........................             171  Warm idle.................  0.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum test speed is defined in 40 CFR part 1065. Percent speed is relative to maximum test speed.
\2\ The percent power is relative to the maximum test power.
\3\ 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, and
  simultaneously command a similar linear progression for engine speed if there is a change in speed setting.

    (c) The following duty cycles apply as specified in Sec.
1042.505(b)(3):
    (1) The following duty cycle applies for discrete-mode testing:

----------------------------------------------------------------------------------------------------------------
                                                                                Torque         Weighting
                  E2 mode No.                           Engine speed \1\           (percent) \2\      factors
----------------------------------------------------------------------------------------------------------------
1.............................................  Engine Governed.................             100             0.2
2.............................................  Engine Governed.................              75             0.5
3.............................................  Engine Governed.................              50            0.15
4.............................................  Engine Governed.................              25            0.15
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.

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

----------------------------------------------------------------------------------------------------------------
                                        Time in mode
               RMC mode                   (seconds)          Engine speed              Torque (percent)1 2
----------------------------------------------------------------------------------------------------------------
1a Steady-state......................             229  Engine Governed........  100%.
1b Transition........................              20  Engine Governed........  Linear transition.
2a Steady-state......................             166  Engine Governed........  25%.
2b Transition........................              20  Engine Governed........  Linear transition.
3a Steady-state......................             570  Engine Governed........  75%.
3b Transition........................              20  Engine Governed........  Linear transition.
4a Steady-state......................             175  Engine Governed........  50%.
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20 second transition phase. During the transition phase, command
  a linear progression from the torque setting of the current mode to the torque setting of the next mode.

0
232. Appendix III to Part 1042 is revised to read as follows:

Appendix III to Part 1042--Not-to-Exceed Zones

    (a) The following definitions apply for this Appendix III:
    (1) Percent power means the percentage of the maximum power
achieved at Maximum Test Speed (or at Maximum Test Torque for
constant-speed engines).
    (2) Percent speed means the percentage of Maximum Test Speed.
    (b) Figure 1 of this Appendix illustrates the default NTE zone
for marine engines certified using the duty cycle specified in Sec.
1042.505(b)(1), except for variable-speed propulsion marine engines
used with controllable-pitch propellers or with electrically coupled
propellers, as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power / 100 > 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent power / 100 <= (percent speed / 90) \3.5\.
    (iii) Percent power / 100 >= 3.0 [middot] (1-percent speed /
100).
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power / 100 >= 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent power / 100 <= (percent speed / 90) \3.5\.
    (iii) Percent power / 100 < 3.0 [middot] (1-percent speed /
100).
    (iv) Percent speed / 100 >= 0.7.
    (3) Note that the line separating Subzone 1 and Subzone 2
includes the following endpoints:
    (i) Percent speed = 78.9 percent; Percent power = 63.2 percent.
    (ii) Percent speed = 84.6 percent; Percent power = 46.1 percent.

[GRAPHIC] [TIFF OMITTED] TR25OC16.153

    (c) Figure 2 of this Appendix illustrates the default NTE zone
for recreational marine engines certified using the duty cycle
specified in Sec.  1042.505(b)(2), except for variable-speed marine
engines used with controllable-pitch propellers or with electrically
coupled propellers, as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power / 100 >= 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent power / 100 <= (percent speed / 90) \3.5\.
    (iii) Percent power / 100 >= 3.0 [middot] (1-percent speed /
100).
    (iv) Percent power <= 95 percent.
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power / 100 >= 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent power / 100 <= (percent speed / 90) \3.5\.
    (iii) Percent power / 100 < 3.0 [middot] (1-percent speed /
100).
    (iv) Percent speed >= 70 percent.
    (3) Subzone 3 is defined by the following boundaries:
    (i) Percent power / 100 <= (percent speed / 90) \3.5\.
    (ii) Percent power > 95 percent.
    (4) Note that the line separating Subzone 1 and Subzone 3
includes a point at Percent speed = 88.7 percent and Percent power =
95.0 percent. See paragraph (b)(3) of this appendix regarding the
line separating Subzone 1 and Subzone 2.

[GRAPHIC] [TIFF OMITTED] TR25OC16.154

    (d) Figure 3 of this Appendix illustrates the default NTE zone
for variable-speed marine engines used with controllable-pitch
propellers or with electrically coupled propellers that are
certified using the duty cycle specified in Sec.  1042.505(b)(1),
(2), or (3), as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power / 100 >= 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent power / 100 >= 3.0 [middot] (1-percent speed /
100).
    (iii) Percent speed >= 78.9 percent.
    (2) Subzone 2a is defined by the following boundaries:
    (i) Percent power / 100 >= 0.7 [middot] (percent speed / 100)
\2.5\.
    (ii) Percent speed >=70 percent.
    (iii) Percent speed <78.9 percent, for Percent power >63.3
percent.
    (iv) Percent power / 100 <3.0 [middot] (1-percent speed / 100),
for Percent speed >=78.9 percent.
    (3) Subzone 2b is defined by the following boundaries:
    (i) The line formed by connecting the following two points on a
plot of speed-vs.-power:
    (A) Percent speed = 70 percent; Percent power = 28.7 percent.
    (B) Percent power = 40 percent; Speed = governed speed.
    (ii) Percent power / 100 < 0.7 [middot] (percent speed /
100)\2.5\.
    (4) Note that the line separating Subzone 1 and Subzone 2a
includes the following endpoints:
    (i) Percent speed = 78.9 percent; Percent power = 63.3 percent.
    (ii) Percent speed = 84.6 percent; Percent power = 46.1 percent.

[GRAPHIC] [TIFF OMITTED] TR25OC16.155

    (e) Figure 4 of this Appendix illustrates the default NTE zone
for constant-speed engines certified using a duty cycle specified in
Sec.  1042.505(b)(3) or (4), as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power >=70 percent.
    (ii) [Reserved]
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power <70 percent.
    (ii) Percent power >=40 percent.
    [GRAPHIC] [TIFF OMITTED] TR25OC16.156

    (f) Figure 5 of this Appendix illustrates the default NTE zone
for variable-speed auxiliary marine engines certified using the duty
cycle specified in Sec.  1042.505(b)5)(ii) or (iii), as follows:
    (1) The default NTE zone is defined by the boundaries specified
in 40 CFR 86.1370(b)(1), (2), and (4).
    (2) A special PM subzone is defined in 40 CFR 1039.515(b).
    [GRAPHIC] [TIFF OMITTED] TR25OC16.157

PART 1043--CONTROL OF NOX, SOX, AND PM
EMISSIONS FROM MARINE ENGINES AND VESSELS SUBJECT TO THE MARPOL
PROTOCOL

0
233. The authority citation for part 1043 continues to read as follows:

    Authority: 33 U.S.C. 1901-1912.

0
234. Section 1043.60 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1043.60  Operating requirements for engines and vessels subject
to this part.

* * * * *
    (a) Except as specified otherwise in this part, NOX
emission limits apply to all engines with power output of more than 130
kW that will be installed on vessels subject to this part as specified
in the following table:
* * * * *

0
235. Section 1043.100 is revised to read as follows:

Sec.  1043.100  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish a document in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave. NW., Room B102, EPA West Building,
Washington, DC 20460,<PHONE_NUMBER>, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The International Maritime Organization, 4 Albert Embankment,
London SE1 7SR, United Kingdom, or www.imo.org, or 44-(0)20-7735-7611.
    (1) MARPOL Annex VI, Regulations for the Prevention of Air
Pollution from Ships, Third Edition, 2013, and NOX Technical
Code 2008.
    (i) Revised MARPOL Annex VI, Regulations for the Prevention of
Pollution from Ships, Third Edition, 2013 (``2008 Annex VI''); IBR
approved for Sec. Sec.  1043.1 introductory text, 1043.20, 1043.30(f),
1043.60(c), and 1043.70(a).
    (ii) NOX Technical Code 2008, Technical Code on Control
of Emission of Nitrogen Oxides from Marine Diesel Engines, 2013
Edition, (``NOX Technical Code''); IBR approved for
Sec. Sec.  1043.20, 1043.41(b) and (h), and 1043.70(a).
    (iii) Annex 12, Resolution MEPC.251(66) from the Report of the
Marine Environment Protection Committee on its Sixty-Sixth Session,
April 25, 2014. This document describes new and revised provisions that
are considered to be part of Annex VI and NOX Technical Code
2008 as referenced in paragraphs (b)(1)(i) and (ii) of this section.
IBR approved for Sec. Sec.  1043.1 introductory text, 1043.20,
1043.30(f), 1043.41(b) and (h), 1043.60(c), and 1043.70(a).
    (2) [Reserved]

PART 1065--ENGINE-TESTING PROCEDURES

0
236. The authority citation for part 1065 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart A--Applicability and General Provisions

0
237. Section 1065.10 is amended by revising paragraph (c)(1)(ii) to
read as follows:

Sec.  1065.10  Other procedures.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Whether the unrepresentative aspect of the procedures affects
your ability to show compliance with the applicable emission standards.
* * * * *

0
238. Section 1065.15 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  1065.15  Overview of procedures for laboratory and field testing.

* * * * *
    (a) * * *
    (2) Hydrocarbon, HC, which may be expressed in the following ways:
    (i) Total hydrocarbon, THC.
    (ii) Nonmethane hydrocarbon, NMHC, which results from subtracting
methane, CH4, from THC.
    (iii) Nonmethane-nonethane hydrocarbon, NMNEHC, which results from
subtracting methane, CH4, and ethane,
C2H6, from THC.
    (iv) Total hydrocarbon-equivalent, THCE, which results from
adjusting THC mathematically to be equivalent on a carbon-mass basis.
    (v) Nonmethane hydrocarbon-equivalent, NMHCE, which results from
adjusting NMHC mathematically to be equivalent on a carbon-mass basis.
* * * * *

Subpart B--Equipment Specifications

0
239. Section 1065.140 is amended by revising paragraphs (d)(2)
introductory text and (d)(3) introductory text to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

* * * * *
    (d) * * *
    (2) Constant dilution-ratio PFD. Do one of the following for
constant dilution-ratio PFD:
* * * * *
    (3) Varying dilution-ratio PFD. All the following provisions apply
for varying dilution-ratio PFD:
* * * * *

0
240. Section 1065.170 is amended by revising Figure 1 as follows:

Sec.  1065.170  Batch sampling for gaseous and PM constituents.

* * * * *
[GRAPHIC] [TIFF OMITTED] TR25OC16.158

Subpart C--Measurement Instruments

0
241. Section 1065.202 is amended by revising the introductory text to
read as follows:

Sec.  1065.202  Data updating, recording, and control.

    Your test system must be able to update data, record data and
control systems related to operator demand, the dynamometer, sampling
equipment, and measurement instruments. Set up the measurement and
recording equipment to avoid aliasing by ensuring that the sampling
frequency is at least double that of the signal you are measuring,
consistent with good engineering judgment; this may require increasing
the sampling rate or filtering the signal. Use data acquisition and
control systems that can record at the specified minimum frequencies,
as follows:
* * * * *

0
242. Section 1065.220 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1065.220  Fuel flow meter.

    (a) Application. You may use fuel flow in combination with a
chemical balance of fuel, inlet air, and raw exhaust to calculate raw
exhaust flow as described in Sec.  1065.655(f), as follows:
* * * * *

0
243. Section 1065.225 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  1065.225  Intake-air flow meter.

    (a) Application. You may use an intake-air flow meter in
combination with a chemical balance of fuel, inlet air, and exhaust to
calculate raw exhaust flow as described in Sec.  1065.655(f) and (g),
as follows:
* * * * *

0
244. Add Sec.  1065.247 to read as follows:

Sec.  1065.247  Diesel exhaust fluid flow rate.

    (a) Application. Determine diesel exhaust fluid flow rate over a
test interval for batch or continuous emission sampling using one of
the three methods described in this section.
    (b) ECM. Use the ECM signal directly to determine diesel exhaust
fluid flow rate. You may combine this with a gravimetric scale if that
improves measurement quality. Prior to testing, you may characterize
the ECM signal using a laboratory measurement and adjust the ECM
signal, consistent with good engineering judgment.
    (c) Flow meter. Measure diesel exhaust fluid flow rate with a flow
meter. We recommend that the flow meter that meets the specifications
in Table 1 of Sec.  1065.205. Note that your overall system for
measuring diesel exhaust fluid flow must meet the linearity
verification in Sec.  1065.307. Measure using the following procedure:
    (1) Condition the flow of diesel exhaust fluid as needed to prevent
wakes, eddies, circulating flows, or flow pulsations from affecting the
accuracy or repeatability of the meter. You may accomplish this by
using a sufficient length of straight tubing (such as a length equal to
at least 10 pipe diameters) or by using specially designed tubing
bends, straightening fins, or pneumatic pulsation dampeners to
establish a steady and predictable velocity profile upstream of the
meter. Condition the flow as needed to prevent any gas bubbles in the
fluid from affecting the flow meter.
    (2) Account for any fluid that bypasses the engine or returns from
the engine to the fluid storage tank.
    (d) Gravimetric scale. Use a gravimetric scale to determine the
mass of diesel exhaust fluid the engine uses over a discrete-mode test
interval and divide by the time of the test interval.

0
245. Section 1065.260 is amended by revising paragraphs (e) and (f) and
adding paragraph (g) to read as follows:

Sec.  1065.260  Flame-ionization detector.

* * * * *
    (e) NMHC and NMOG. For demonstrating compliance with NMHC
standards, you may either measure THC or determine NMHC mass as
described in Sec.  1065.660(b)(1), or you may measure THC and
CH4 and determine NMHC as described in Sec.  1065.660(b)(2)
or (3). For gaseous-fueled engines, you may also use the additive
method in Sec.  1065.660(b)(4). See 40 CFR 1066.635 for methods to
demonstrate compliance with NMOG standards for vehicle testing.
    (f) NMNEHC. For demonstrating compliance with NMNEHC standards, you
may either measure NMHC or determine NMNEHC mass as described in Sec.
1065.660(c)(1), you may measure THC, CH4, and
C2H6 and determine NMNEHC as described in Sec.
1065.660(c)(2), or you may use the additive method in Sec.
1065.660(c)(3).
    (g) CH4. For reporting CH4 or for demonstrating
compliance with CH4 standards, you may use a FID analyzer
with a nonmethane cutter as described in Sec.  1065.265 or you may use
a GC-FID as described in Sec.  1065.267. Determine CH4 as
described in Sec.  1065.660(d).

0
246. Add Sec.  1065.266 to subpart C to read as follows:

Sec.  1065.266  Fourier transform infrared analyzer.

    (a) Application. For engines that run only on natural gas, you may
use a Fourier transform infrared (FTIR) analyzer to measure nonmethane
hydrocarbon (NMHC) and nonmethane-nonethane hydrocarbon (NMNEHC) for
continuous sampling. You may use an FTIR analyzer with any gaseous-
fueled engine, including dual-fuel engines, to measure CH4
and C2H6, for either batch or continuous sampling
(for subtraction from THC).
    (b) Component requirements. We recommend that you use an FTIR
analyzer that meets the specifications in Table 1 of Sec.  1065.205.
Note that your FTIR-based system must meet the linearity verification
in Sec.  1065.307. Use appropriate analytical procedures for
interpretation of infrared spectra. For example, EPA Test Method 320
(see https://www3.epa.gov/ttn/emc/promgate/m-320.pdf) and ASTM D6348
(incorporated by reference in Sec.  1065.1010) are considered valid
methods for spectral interpretation. You must use heated FTIR analyzers
that maintain all surfaces that are exposed to emissions at a
temperature of (110 to 202) [deg]C.
    (c) Hydrocarbon species for NMHC and NMNEHC additive determination.
To determine NMNEHC, measure ethene, ethyne, propane, propene, butane,
formaldehyde, acetaldehyde, formic acid, and methanol. To determine
NMHC, measure ethane in addition to those same hydrocarbon species.
Determine NMHC and NMNEHC as described in Sec.  1065.660(b)(4) and
Sec.  1065.660(c)(3).
    (d) NMHC and NMNEHC CH4 and C2H6
determination from subtraction of CH4 and
C2H6 from THC. Determine CH4 as
described in Sec.  1065.660(d)(2) and C2H6 as
described Sec.  1065.660(e). Determine NMHC from subtraction of
CH4 from THC as described in Sec.  1065.660(b)(3) and NMNEHC
from subtraction of CH4 and C2H6 as
described Sec.  1065.660(c)(2). Determine CH4 as described
in Sec.  1065.660(d)(2) and C2H6 as described
Sec.  1065.660(e).
    (e) Interference verification. Perform interference verification
for FTIR analyzers using the procedures of Sec.  1065.366. Certain
interference gases can interfere with FTIR analyzers by causing a
response similar to the hydrocarbon species of interest. When running
the interference verification for these analyzers, use interference
gases as follows:
    (1) The interference gases for CH4 are CO2,
H2O, and C2H6.
    (2) The interference gases for C2H6 are
CO2, H2O, and CH4.
    (3) The interference gases for other measured hydrocarbon species
are CO2, H2O, CH4, and
C2H6.

0
247. Section 1065.267 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.267  Gas chromatograph with a flame ionization detector.

    (a) Application. You may use a gas chromatograph with a flame
ionization detector (GC-FID) to measure CH4 and
C2H6 concentrations of diluted exhaust for batch
sampling. While you may also use a nonmethane cutter to measure
CH4, as described in Sec.  1065.265, use a reference
procedure based on a gas chromatograph for comparison with any proposed
alternate measurement procedure under Sec.  1065.10.
* * * * *

0
248. Section 1065.275 is amended by revising paragraph (b)(2) to read
as follows:

Sec.  1065.275  N2O measurement devices.

* * * * *
    (b) * * *
    (2) Fourier transform infrared (FTIR) analyzer. Use appropriate
analytical procedures for interpretation of infrared spectra. For
example, EPA Test Method 320 (see https://www3.epa.gov/ttn/emc/promgate/m-320.pdf) and ASTM D6348 (incorporated by reference in Sec.
1065.1010) are considered valid methods for spectral interpretation.
* * * * *

Subpart D--Calibrations and Verifications

0
249. Section 1065.303 is revised to read as follows:

Sec.  1065.303  Summary of required calibration and verifications.

    The following table summarizes the required and recommended
calibrations and verifications described in this subpart and indicates
when these have to be performed:

     Table 1 of Sec.   1065.303--Summary of Required Calibration and
                              Verifications
------------------------------------------------------------------------
 Type of calibration or verification         Minimum frequency \1\
------------------------------------------------------------------------
Sec.   1065.305: Accuracy,             Accuracy: Not required, but
 repeatability and noise.               recommended for initial
                                        installation.
                                       Repeatability: Not required, but
                                        recommended for initial
                                        installation.
                                       Noise: Not required, but
                                        recommended for initial
                                        installation.
Sec.   1065.307: Linearity             Speed: Upon initial installation,
 verification.                          within 370 days before testing
                                        and after major maintenance.
                                       Torque: Upon initial
                                        installation, within 370 days
                                        before testing and after major
                                        maintenance.
                                       Electrical power, current, and
                                        voltage: Upon initial
                                        installation, within 370 days
                                        before testing and after major
                                        maintenance.\2\
                                       Fuel flow rate: Upon initial
                                        installation, within 370 days
                                        before testing, and after major
                                        maintenance.
                                       DEF flow: Upon initial
                                        installation, within 370 days
                                        before testing, and after major
                                        maintenance.
                                       Intake-air, dilution air, diluted
                                        exhaust, and batch sampler flow
                                        rates: Upon initial
                                        installation, within 370 days
                                        before testing and after major
                                        maintenance, unless flow is
                                        verified by propane check or by
                                        carbon or oxygen balance.
                                       Raw exhaust flow rate: Upon
                                        initial installation, within 185
                                        days before testing and after
                                        major maintenance, unless flow
                                        is verified by propane check or
                                        by carbon or oxygen balance.
                                       Gas dividers: Upon initial
                                        installation, within 370 days
                                        before testing, and after major
                                        maintenance.
                                       Gas analyzers (unless otherwise
                                        noted): Upon initial
                                        installation, within 35 days
                                        before testing and after major
                                        maintenance.
                                       FTIR and photoacoustic analyzers:
                                        Upon initial installation,
                                        within 370 days before testing
                                        and after major maintenance.
                                       GC-ECD: Upon initial installation
                                        and after major maintenance.
                                       PM balance: Upon initial
                                        installation, within 370 days
                                        before testing and after major
                                        maintenance.
                                       Pressure, temperature, and
                                        dewpoint: Upon initial
                                        installation, within 370 days
                                        before testing and after major
                                        maintenance.
Sec.   1065.308: Continuous gas        Upon initial installation or
 analyzer system response and           after system modification that
 updating-recording verification--for   would affect response.
 gas analyzers not continuously
 compensated for other gas species.
Sec.   1065.309: Continuous gas        Upon initial installation or
 analyzer system-response and           after system modification that
 updating-recording verification--for   would affect response.
 gas analyzers continuously
 compensated for other gas species.
Sec.   1065.310: Torque..............  Upon initial installation and
                                        after major maintenance.
Sec.   1065.315: Pressure,             Upon initial installation and
 temperature, dewpoint.                 after major maintenance.
Sec.   1065.320: Fuel flow...........  Upon initial installation and
                                        after major maintenance.
Sec.   1065.325: Intake flow.........  Upon initial installation and
                                        after major maintenance.
Sec.   1065.330: Exhaust flow........  Upon initial installation and
                                        after major maintenance.
Sec.   1065.340: Diluted exhaust flow  Upon initial installation and
 (CVS).                                 after major maintenance.
Sec.   1065.341: CVS and batch         Upon initial installation, within
 sampler verification \3\.              35 days before testing, and
                                        after major maintenance.
Sec.   1065.342 Sample dryer           For thermal chillers: Upon
 verification.                          installation and after major
                                        maintenance.
                                       For osmotic membranes; Upon
                                        installation, within 35 days of
                                        testing, and after major
                                        maintenance.
Sec.   1065.345: Vacuum leak.........  For laboratory testing: Upon
                                        initial installation of the
                                        sampling system, within 8 hours
                                        before the start of the first
                                        test interval of each duty-cycle
                                        sequence, and after maintenance
                                        such as pre-filter changes.
                                       For field testing: After each
                                        installation of the sampling
                                        system on the vehicle, prior to
                                        the start of the field test, and
                                        after maintenance such as pre-
                                        filter changes.
Sec.   1065.350: CO2 NDIR H2O          Upon initial installation and
 interference.                          after major maintenance.
Sec.   1065.355: CO NDIR CO2 and H2O   Upon initial installation and
 interference.                          after major maintenance.
Sec.   1065.360: FID calibration THC   Calibrate all FID analyzers: Upon
 FID optimization, and THC FID          initial installation and after
 verification.                          major maintenance.
                                       Optimize and determine CH4
                                        response for THC FID analyzers:
                                        Upon initial installation and
                                        after major maintenance.
                                       Verify CH4 response for THC FID
                                        analyzers: Upon initial
                                        installation, within 185 days
                                        before testing, and after major
                                        maintenance.
                                       Verify C2H6 response for THC FID
                                        analyzers if used for NMNEHC
                                        determination: Upon initial
                                        installation, within 185 days
                                        before testing, and after major
                                        maintenance.
Sec.   1065.362: Raw exhaust FID O2    For all FID analyzers: Upon
 interference.                          initial installation, and after
                                        major maintenance.
                                       For THC FID analyzers: Upon
                                        initial installation, after
                                        major maintenance, and after FID
                                        optimization according to Sec.
                                        1065.360.

Sec.   1065.365: Nonmethane cutter     Upon initial installation, within
 penetration.                           185 days before testing, and
                                        after major maintenance.
Sec.   1065.366: Interference          Upon initial installation and
 verification for FTIR analyzers.       after major maintenance.
Sec.   1065.369: H2O, CO, and CO2      Upon initial installation and
 interference verification for          after major maintenance.
 ethanol photoacoustic analyzers.
Sec.   1065.370: CLD CO2 and H2O       Upon initial installation and
 quench.                                after major maintenance.
Sec.   1065.372: NDUV HC and H2O       Upon initial installation and
 interference.                          after major maintenance.
Sec.   1065.375: N2O analyzer          Upon initial installation and
 interference.                          after major maintenance.
Sec.   1065.376: Chiller NO2           Upon initial installation and
 penetration.                           after major maintenance.
Sec.   1065.378: NO2-to-NO converter   Upon initial installation, within
 conversion.                            35 days before testing, and
                                        after major maintenance.
Sec.   1065.390: PM balance and        Independent verification: Upon
 weighing.                              initial installation, within 370
                                        days before testing, and after
                                        major maintenance.
                                       Zero, span, and reference sample
                                        verifications: Within 12 hours
                                        of weighing, and after major
                                        maintenance.
Sec.   1065.395: Inertial PM balance   Independent verification: Upon
 and weighing.                          initial installation, within 370
                                        days before testing, and after
                                        major maintenance.
                                       Other verifications: Upon initial
                                        installation and after major
                                        maintenance.
------------------------------------------------------------------------
\1\ Perform calibrations and verifications more frequently than we
  specify, according to measurement system manufacturer instructions and
  good engineering judgment.
\2\ Perform linearity verification either for electrical power or for
  current and voltage.
\3\ The CVS verification described in Sec.   1065.341 is not required
  for systems that agree within 2% based on a chemical
  balance of carbon or oxygen of the intake air, fuel, and diluted
  exhaust.

0
250. Section 1065.340 is amended by revising paragraphs (e), (f)(8),
(f)(13), (g), (h), and Figure 1 to read as follows:

Sec.  1065.340  Diluted exhaust flow (CVS) calibration.

* * * * *
    (e) Configuration. Calibrate the system with any upstream screens
or other restrictions that will be used during testing and that could
affect the flow ahead of the CVS flow meter, using good engineering
judgment to minimize the effect on the flow distribution. You may not
use any upstream screen or other restriction that could affect the flow
ahead of the reference flow meter, unless the flow meter has been
calibrated with such a restriction. In the case of a free standing SSV
reference flow meter, you may not have any upstream screens.
    (f) * * *
    (8) Repeat the steps in paragraphs (e)(6) and (7) of this section
to record data at a minimum of six restrictor positions ranging from
the wide open restrictor position to the minimum expected pressure at
the PDP inlet or the maximum expected differential (outlet minus inlet)
pressure across the PDP during testing.
* * * * *
    (13) During emission testing ensure that the PDP is not operated
either below the lowest inlet pressure point or above the highest
differential pressure point in the calibration data.
    (g) SSV calibration. Calibrate a subsonic venturi (SSV) to
determine its calibration coefficient, Cd, for the expected
range of inlet pressures. Calibrate an SSV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Verify that any leaks between the calibration flow meter and
the SSV are less than 0.3% of the total flow at the highest
restriction.
    (3) Start the blower downstream of the SSV.
    (4) While the SSV operates, maintain a constant temperature at the
SSV inlet within 2% of the mean absolute inlet temperature,
    Tin.
    (5) Set the variable restrictor or variable-speed blower to a flow
rate greater than the greatest flow rate expected during testing. You
may not extrapolate flow rates beyond calibrated values, so we
recommend that you make sure the Reynolds number, Re#, at
the SSV throat at the greatest calibrated flow rate is greater than the
maximum Re# expected during testing.
    (6) Operate the SSV for at least 3 min to stabilize the system.
Continue operating the SSV and record the mean of at least 30 seconds
of sampled data of each of the following quantities:
    (i) The mean flow rate of the reference flow meter
niref. This may include several measurements of different
quantities for calculating niref, such as reference meter
pressures and temperatures.
    (ii) Optionally, the mean dewpoint of the calibration
air,Tdew. See Sec.  1065.640 for permissible assumptions.
    (iii) The mean temperature at the venturi inlet,Tin.
    (iv) The mean static absolute pressure at the venturi inlet,
Pin.
    (v) The mean static differential pressure between the static
pressure at the venturi inlet and the static pressure at the venturi
throat, [Delta]PSSV.
    (7) Incrementally close the restrictor valve or decrease the blower
speed to decrease the flow rate.
    (8) Repeat the steps in paragraphs (g)(6) and (7) of this section
to record data at a minimum of ten flow rates.
    (9) Determine an equation to quantify Cd as a function
of Re# by using the collected data and the equations in
Sec.  1065.640. Section 1065.640 also includes statistical criteria for
validating the Cd versus Re# equation.
    (10) Verify the calibration by performing a CVS verification (i.e.,
propane check) as described in Sec.  1065.341 using the new
Cd versus Re# equation.
    (11) Use the SSV only between the minimum and maximum calibrated
Re#. If you want to use the SSV at a lower or higher
Re#, you must recalibrate the SSV.
    (12) Use the equations in Sec.  1065.642 to determine SSV flow
during a test.
    (h) CFV calibration. Calibrate a critical-flow venturi (CFV) to
verify its discharge coefficient, Cd, up to the highest
expected pressure ratio, r, according to Sec.  1065.640. Calibrate a
CFV flow meter as follows:
    (1) Connect the system as shown in Figure 1 of this section.
    (2) Verify that any leaks between the calibration flow meter and
the CFV are less than 0.3% of the total flow at the highest
restriction.
    (3) Start the blower downstream of the CFV.
    (4) While the CFV operates, maintain a constant temperature at the
CFV inlet

within 2% of the mean absolute inlet temperature,
Tin.
    (5) Set the variable restrictor to its wide-open position. Instead
of a variable restrictor, you may alternately vary the pressure
downstream of the CFV by varying blower speed or by introducing a
controlled leak. Note that some blowers have limitations on nonloaded
conditions.
    (6) Operate the CFV for at least 3 min to stabilize the system.
Continue operating the CFV and record the mean values of at least 30
seconds of sampled data of each of the following quantities:
    (i) The mean flow rate of the reference flow meter,
niref. This may include several measurements of different
quantities, such as reference meter pressures and temperatures, for
calculating niref.
    (ii) The mean dewpoint of the calibration air,Tdew. See
Sec.  1065.640 for permissible assumptions during emission
measurements.
    (iii) The mean temperature at the venturi inlet,Tin.
    (iv) The mean static absolute pressure at the venturi inlet,
Pin.
    (v) The mean static differential pressure between the CFV inlet and
the CFV outlet, [Delta]PCFV.
    (7) Incrementally close the restrictor valve or decrease the
downstream pressure to decrease the differential pressure across the
CFV, [Delta]pCFV.
    (8) Repeat the steps in paragraphs (f)(6) and (7) of this section
to record mean data at a minimum of ten restrictor positions, such that
you test the fullest practical range of [Delta]PCFV expected
during testing. We do not require that you remove calibration
components or CVS components to calibrate at the lowest possible
restrictions.
    (9) Determine Cd and the highest allowable pressure
ratio, r, according to Sec.  1065.640.
    (10) Use Cd to determine CFV flow during an emission
test. Do not use the CFV above the highest allowed r, as determined in
Sec.  1065.640.
    (11) Verify the calibration by performing a CVS verification (i.e.,
propane check) as described in Sec.  1065.341.
    (12) If your CVS is configured to operate more than one CFV at a
time in parallel, calibrate your CVS by one of the following:
    (i) Calibrate every combination of CFVs according to this section
and Sec.  1065.640. Refer to Sec.  1065.642 for instructions on
calculating flow rates for this option.
    (ii) Calibrate each CFV according to this section and Sec.
1065.640. Refer to Sec.  1065.642 for instructions on calculating flow
rates for this option.
* * * * *

[GRAPHIC] [TIFF OMITTED] TR25OC16.159

BILLING CODE 6550-50-C

0
251. Section 1065.341 is amended by revising paragraph (c)(3) to read
as follows:

Sec.  1065.341  CVS, PFD, and batch sampler verification (propane
check).

* * * * *
    (c) * * *
    (3) Select a C3H8 injection port in the CVS.
Select the port location to be as close as practical to the location
where you introduce engine exhaust into the CVS, or at some point in
the laboratory exhaust tubing upstream of this location. Connect the
C3H8 cylinder to the injection system.
* * * * *

0
252. Section 1065.345 is amended by revising paragraphs (d)(2), (d)(4),
(e)(3), and (e)(4) to read as follows:

Sec.  1065.345  Vacuum-side leak verification.

* * * * *
    (d) * * *
    (2) Supply span gas to the analyzer span port and record the
measured value.
* * * * *
    (4) Verify that the measured overflow span gas concentration is
within 0.5% of the concentration measured in paragraph
(d)(2) of this section. A measured value lower than expected indicates
a leak, but a value higher than expected may indicate a problem with
the span gas or the analyzer itself. A measured value higher than
expected does not indicate a leak.

    (e) * * *
    (3) Turn off the sample pumps and seal the system. Measure and
record the absolute pressure of the trapped gas and optionally the
system absolute temperature. Wait long enough for any transients to
settle and long enough for a leak at 0.5% to have caused a pressure
change of at least 10 times the resolution of the pressure transducer,
then again record the pressure and optionally temperature.
    (4) Calculate the leak flow rate based on an assumed value of zero
for pumped-down bag volumes and based on known values for the sample
system volume, the initial and final pressures, optional temperatures,
and elapsed time. Using the calculations specified in Sec.  1065.644,
verify that the vacuum-decay leak flow rate is less than 0.5% of the
system's normal in-use flow rate.

0
253. Section 1065.360 is amended by revising paragraphs (a)(3), (d)
introductory text, and (d)(7) and adding paragraph (f) to read as
follows:

Sec.  1065.360  FID optimization and verification.

    (a) * * *
    (3) If you determine NMNEHC by subtracting from measured THC,
determine the ethane (C2H6) response factor after
initial analyzer installation and after major maintenance as described
in paragraph (f) of this section. Verify the C2H6
response within 185 days before testing as described in paragraph (f)
of this section.
* * * * *
    (d) THC FID CH4 response factor determination. This procedure is
only for FID analyzers that measure THC. Since FID analyzers generally
have a different response to CH4 versus
C3H8, determine the THC-FID analyzer's
CH4 response factor, RFCH4[THC-FID], after FID
optimization. Use the most recent RFCH4[THC-FID] measured
according to this section in the calculations for HC determination
described in Sec.  1065.660 to compensate for CH4 response.
Determine RFCH4[THC-FID] as follows, noting that you do not
determine RFCH4[THC-FID] for FIDs that are calibrated and
spanned using CH4 with a nonmethane cutter:
* * * * *
    (7) Introduce the CH4 span gas that you selected under
paragraph (d)(2) of this section into the FID analyzer.
* * * * *
    (f) THC FID C2H6 response factor
determination. This procedure is only for FID analyzers that measure
THC. Since FID analyzers generally have a different response to
C2H6 than C3H8, determine
the THC-FID analyzer's C2H6 response factor,
RFC2H6[THC-FID], after FID optimization using the procedure
described in paragraph (d) of this section, replacing CH4
with C2H6. Use the most recent
RFC2H6[THC-FID] measured according to this section in the
calculations for HC determination described in Sec.  1065.660 to
compensate for C2H6 response.

0
254. Section 1065.365 is amended by revising paragraphs (d)(9),
(e)(10), (f)(9), and (f)(14) to read as follows:

Sec.  1065.365  Nonmethane cutter penetration fractions.

* * * * *
    (d) * * *
    (9) Divide the mean C2H6 concentration by the
reference concentration of C2H6, converted to a
C1 basis. The result is the C2H6
combined response factor and penetration fraction,
RFPFC2H6[NMC-FID]. Use this combined response factor and
penetration fraction and the product of the CH4 response
factor and CH4 penetration fraction,
RFPFCH4[NMC-FID], set to 1.0 in emission calculations
according to Sec.  1065.660(b)(2)(i), Sec.  1065.660(d)(1)(i), or Sec.
1065.665, as applicable.
    (e) * * *
    (10) Divide the mean C2H6 concentration
measured through the nonmethane cutter by the mean
C2H6 concentration measured after bypassing the
nonmethane cutter. The result is the C2H6
penetration fraction, PFC2H6[NMC-FID]. Use this penetration
fraction according to Sec.  1065.660(b)(2)(ii), Sec.
1065.660(d)(1)(ii), or Sec.  1065.665, as applicable.
* * * * *
    (f) * * *
    (9) Divide the mean C2H6 concentration by the
reference concentration of C2H6, converted to a
C1 basis. The result is the C2H6
combined response factor and penetration fraction,
RFPFC2H6[NMC-FID]. Use this combined response factor and
penetration fraction according to Sec.  1065.660(b)(2)(iii), Sec.
1065.660(d)(1)(iii), or Sec.  1065.665, as applicable.
* * * * *
    (14) Divide the mean CH4 concentration measured through
the nonmethane cutter by the mean CH4 concentration measured
after bypassing the nonmethane cutter. The result is the CH4
penetration fraction, PFCH4[NMC-FID]. Use this penetration
fraction according to Sec.  1065.660(b)(2)(iii), Sec.
1065.660(d)(1)(iii), or Sec.  1065.665, as applicable.

0
255. Section 1065.366 is added to subpart D to read as follows:

Sec.  1065.366  Interference verification for FTIR analyzers.

    (a) Scope and frequency. If you measure CH4,
C2H6, NMHC, or NMNEHC using an FTIR analyzer,
verify the amount of interference after initial analyzer installation
and after major maintenance.
    (b) Measurement principles. Interference gases can interfere with
certain analyzers by causing a response similar to the target analyte.
If the analyzer uses compensation algorithms that utilize measurements
of other gases to meet this interference verification, simultaneously
conduct these other measurements to test the compensation algorithms
during the analyzer interference verification.
    (c) System requirements. An FTIR analyzer must have combined
interference that is within 2% of the flow-weighted mean
concentration of CH4, NMHC, or NMNEHC expected at the
standard, though we strongly recommend a lower interference that is
within 1%.
    (d) Procedure. Perform the interference verification for an FTIR
analyzer using the same procedure that applies for N2O
analyzers in Sec.  1065.375(d).

0
256. Section 1065.370 is amended by revising paragraph (d)(11) to read
as follows:

Sec.  1065.370  CLD CO2 and H2O quench
verification.

* * * * *
    (d) * * *
    (11) Calculate the actual NO concentration at the gas divider's
outlet, xNOact, based on the span gas concentrations and
xCO2act according to Eq. 1065.675-2. Use the calculated
value in the quench verification calculations in Eq. 1065.675-1.
* * * * *

0
257. Section 1065.375 is amended by revising paragraph (b) to read as
follows:

Sec.  1065.375  Interference verification for N2O analyzers.

* * * * *
    (b) Measurement principles. Interference gases can positively
interfere with certain analyzers by causing a response similar to
N2O. If the analyzer uses compensation algorithms that
utilize measurements of other gases to meet this interference
verification, simultaneously conduct these other measurements to test
the compensation algorithms during the analyzer interference
verification.
* * * * *

0
258. Section 1065.390 is amended by revising paragraphs (b), (c)
introductory text, and (c)(2) to read as follows:

Sec.  1065.390  PM balance verifications and weighing process
verification.

* * * * *
    (b) Independent verification. Have the balance manufacturer (or a
representative approved by the balance manufacturer) verify the balance
performance within 370 days of testing. Balances have internal weights
that compensate for drift due to environmental changes. These internal
weights must be verified as part of this independent verification with
external, certified calibration weights that meet the specifications in
Sec.  1065.790.
    (c) Zeroing and spanning. You must verify balance performance by
zeroing and spanning it with at least one calibration weight. Also, any
external weights you use must meet the specifications in Sec.
1065.790. Any weights internal to the PM balance used for this
verification must be verified as described in paragraph (b) of this
section.
* * * * *
    (2) You may use an automated procedure to verify balance
performance. For example most balances have internal weights for
automatically verifying balance performance.
* * * * *

Subpart F--Performing an Emission Test in the Laboratory

0
259. Section 1065.510 is amended by revising paragraphs (c)
introductory text, (c)(4), and (d)(5)(i) and (iii) to read as follows:

Sec.  1065.510  Engine mapping.

* * * * *
    (c) Negative torque mapping. If your engine is subject to a
reference duty cycle that specifies negative torque values (i.e.,
engine motoring), generate a motoring torque curve by any of the
following procedures:
* * * * *
    (4) For engines with an electric hybrid system, map the negative
torque required to motor the engine and absorb any power delivered from
the RESS by repeating paragraph (g)(2) of this section with minimum
operator demand, stopping the sweep to discharge the RESS when the
absolute instantaneous power measured from the RESS drops below the
expected maximum absolute power from the RESS by more than 2% of total
system maximum power (including engine motoring and RESS power) as
determined from mapping the negative torque.
    (d) * * *
    (5) * * *
    (i) For constant-speed engines subject only to steady-state
testing, you may perform an engine map by using a series of discrete
torques. Select at least five evenly spaced torque setpoints from no-
load to 80% of the manufacturer-declared test torque or to a torque
derived from your published maximum power level if the declared test
torque is unavailable. Starting at the 80% torque point, select
setpoints in 2.5% or smaller intervals, stopping at the endpoint
torque. The endpoint torque is defined as the first discrete mapped
torque value greater than the torque at maximum observed power where
the engine outputs 90% of the maximum observed power; or the torque
when engine stall has been determined using good engineering judgment
(i.e. sudden deceleration of engine speed while adding torque). You may
continue mapping at higher torque setpoints. At each setpoint, allow
torque and speed to stabilize. Record the mean feedback speed and
torque at each setpoint. From this series of mean feedback speed and
torque values, use linear interpolation to determine intermediate
values. Use this series of mean feedback speeds and torques to generate
the power map as described in paragraph (e) of this section.
* * * * *
    (iii) For any isochronous governed (0% speed droop) constant-speed
engine, you may map the engine with two points as described in this
paragraph (d)(5)(iii). After stabilizing at the no-load governed speed
in paragraph (d)(4) of this section, record the mean feedback speed and
torque. Continue to operate the engine with the governor or simulated
governor controlling engine speed using operator demand, and control
the dynamometer to target a speed of 99.5% of the recorded mean no-load
governed speed. Allow speed and torque to stabilize. Record the mean
feedback speed and torque. Record the target speed. The absolute value
of the speed error (the mean feedback speed minus the target speed)
must be no greater than 0.1% of the recorded mean no-load governed
speed. From this series of two mean feedback speed and torque values,
use linear interpolation to determine intermediate values. Use this
series of two mean feedback speeds and torques to generate a power map
as described in paragraph (e) of this section. Note that the measured
maximum test torque as determined in Sec.  1065.610 (b)(1) will be the
mean feedback torque recorded on the second point.
* * * * *

0
260. Section 1065.546 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.546  Verification of minimum dilution ratio for PM batch
sampling.

* * * * *
    (a) Determine minimum dilution ratio based on molar flow data. This
involves determination of at least two of the following three
quantities: raw exhaust flow (or previously diluted flow), dilution air
flow, and dilute exhaust flow. You may determine the raw exhaust flow
rate based on the measured intake air or fuel flow rate and the raw
exhaust chemical balance terms as given in Sec.  1065.655(f). You may
determine the raw exhaust flow rate based on the measured intake air
and dilute exhaust molar flow rates and the dilute exhaust chemical
balance terms as given in Sec.  1065.655(g). You may alternatively
estimate the molar raw exhaust flow rate based on intake air, fuel rate
measurements, and fuel properties, consistent with good engineering
judgment.
* * * * *

0
261. Section 1065.590 is amended by revising paragraphs (f)(2), (j)
introductory text, and (j)(3) through (7) to read as follows:

Sec.  1065.590  PM sampling media (e.g., filters) preconditioning and
tare weighing.

* * * * *
    (f) * * *
    (2) Use good engineering judgment to determine if substitution
weighing is necessary to show that an engine meets the applicable
standard. You may follow the substitution weighing procedure in
paragraph (j) of this section, or you may develop your own procedure.
* * * * *
    (j) Substitution weighing involves measurement of a reference
weight before and after each weighing of the PM sampling medium (e.g.,
the filter). While substitution weighing requires more measurements, it
corrects for a balance's zero-drift and it relies on balance linearity
only over a small range. This is most advantageous when quantifying net
PM masses that are less than 0.1% of the sample medium's mass. However,
it may not be advantageous when net PM masses exceed 1% of the sample
medium's mass. If you utilize substitution weighing, it must be used
for both pre-test and post-test weighing. The same substitution weight
must be used for both pre-test and post-test weighing. Correct the mass
of the substitution weight for buoyancy if the density of the
substitution weight is less than 2.0 g/

cm\3\. The following steps are an example of substitution weighing:
* * * * *
    (3) Select and weigh a substitution weight that meets the
requirements for calibration weights found in Sec.  1065.790. The
substitution weight must also have the same density as the weight you
use to span the microbalance, and be similar in mass to an unused
sample medium (e.g., filter). A 47 mm PTFE membrane filter will
typically have a mass in the range of 80 to 100 mg.
    (4) Record the stable balance reading, then remove the substitution
weight.
    (5) Weigh an unused sample medium (e.g., a new filter), record the
stable balance reading and record the balance environment's dewpoint,
ambient temperature, and atmospheric pressure.
    (6) Reweigh the substitution weight and record the stable balance
reading.
    (7) Calculate the arithmetic mean of the two substitution-weight
readings that you recorded immediately before and after weighing the
unused sample. Subtract that mean value from the unused sample reading,
then add the true mass of the substitution weight as stated on the
substitution-weight certificate. Record this result. This is the unused
sample's tare weight without correcting for buoyancy.
* * * * *

Subpart G--Calculations and Data Requirements

0
262. Section 1065.602 is amended by revising paragraphs (f)(1)
introductory text, (f)(2) introductory text, and (j) to read as
follows:

Sec.  1065.602  Statistics.

* * * * *
    (f) * * *
    (1) For an unpaired t-test, calculate the t statistic and its
number of degrees of freedom, v, as follows:
* * * * *
    (2) For a paired t-test, calculate the t statistic and its number
of degrees of freedom, v, as follows, noting that the [egr]i
are the errors (e.g., differences) between each pair of
yrefi and yi:
* * * * *
    (j) Standard estimate of error. Calculate a standard estimate of
error, SEE, as follows:

[GRAPHIC] [TIFF OMITTED] TR25OC16.308

Eq. 1065.602-11
    Example:
N = 6000
y1 = 2045.8
a0y = -16.8083
a1y = 1.0110
yref1 = 2045.0
[GRAPHIC] [TIFF OMITTED] TR25OC16.313

SEEy = 5.348
* * * * *

0
263. Section 1065.610 is amended by revising paragraphs (a)(1)(ii),
(a)(1)(iii), (a)(1)(vi), (a)(2), (b), and (c)(1) and (2) to read as
follows: