specifying a worst-case Family Emission Limit based on separately
certified fuel caps as described in Sec.  1060.103(e).
* * * * *
    (d) * * *
    (8) Measure weight loss daily by retaring the balance using the
reference tank and weighing the sealed test tank. Calculate the
cumulative weight loss in grams for each measurement. Calculate the
coefficient of determination, r\2\, based on a linear plot of
cumulative weight loss vs. test days. Use the equation in 40 CFR
1065.602(k), with cumulative weight loss represented by yi
and cumulative time represented by yref. The daily
measurements must be at approximately the same time each day. You may
omit up to two daily measurements in any seven-day period. Test for ten
full days, then determine when to stop testing as follows:
    (i) You may stop testing after the measurement on the tenth day if
r\2\ is at or above 0.95 or if the measured value is less than 50
percent of the applicable standard. (Note that if a Family Emission
Limit applies for the family, it is considered to be the applicable
standard for that family.) This means that if you stop testing with an
r\2\ below 0.95, you may not use the data to show compliance with a
Family Emission Limit less than twice the measured value.
    (ii) If after ten days of testing your r\2\ value is below 0.95 and
your measured value is more than 50 percent of the applicable standard,
continue testing for a total of 20 days or until r\2\ is at or above
0.95. If r\2\ is not at or above 0.95 within 20 days of testing,
discontinue the test and precondition the fuel tank further until it
has stabilized emission levels, then repeat the testing.
* * * * *
    (10) Determine your final emission result based on the cumulative
weight loss measured on the final day of testing. Round this result to
the same number of decimal places as the emission standard.
* * * * *

Subpart G--[Amended]

    252. Section 1060.601 is amended by adding paragraph (h) to read as
follows:

Sec.  1060.601  How do the prohibitions of 40 CFR 1068.101 apply with
respect to the requirements of this part?

* * * * *
    (h) If equipment manufacturers hold certificates of conformity for
their equipment but they use only fuel-system components that have been
certified by other companies, they may satisfy their defect-reporting
obligations by tracking the information described in 40 CFR
1068.501(b)(1) related to possible defects, reporting this information
to the appropriate component manufacturers, and keeping these records
for eight years. Such equipment manufacturers will not be considered in
violation of 40 CFR 1068.101(b)(6) for failing to perform
investigations, make calculations, or submit reports to EPA as
specified in 40 CFR 1068.501. See Sec.  1060.5(a).

Subpart I--[Amended]

    253. Section 1060.801 is amended by revising the definitions for
``Detachable fuel line'' and ``Sealed'' and adding definitions for
``Installed marine fuel line'' and ``Portable marine fuel line'' to
read as follows:

Sec.  1060.801  What definitions apply to this part?

* * * * *
    Detachable fuel line means a fuel line or fuel line assembly
intended to be used with a portable nonroad fuel tank and which is
connected by special fittings to the fuel tank and/or engine for easy
disassembly. Fuel lines that require a wrench or other tools to
disconnect are not considered detachable fuel lines. Fuel lines that
are labeled or marketed as USCG Type B1 fuel line as specified in 33
CFR 183.540 are not considered detachable fuel lines if they are sold
to the ultimate purchaser without quick-connect fittings or similar
hardware.
* * * * *
    Installed marine fuel line means a fuel line designed for
delivering fuel to a Marine SI engine, excluding portable marine fuel
line.
* * * * *
    Portable marine fuel line means a detachable fuel line that is used
or intended to be used to supply fuel to a marine engine during
operation. This also includes any fuel line labeled or marketed at USCG
Type B1 fuel line as specified in 33 CFR 183.540, whether or not it
includes detachable connecting hardware; this is often called universal
fuel line.
* * * * *
    Sealed means lacking openings to the atmosphere that would allow a
measurable amount of liquid or vapor to leak out under normal operating
pressures or other pressures specified in this part. For example, you
may generally establish a maximum value for operating pressures based
on the highest pressure you would observe from an installed fuel tank
during continuous equipment operation on a sunny day with ambient
temperatures of 35[deg]C. A fuel system may be considered to have

no measurable leak if it does not release bubbles when held underwater
at the identified pressure for 60 seconds. This determination presumes
the use of good engineering judgment; for example, it would not be
appropriate to test the fuel tank such that small leaks would avoid
detection by collecting in a cavity created by holding the tank with a
certain orientation. Sealed fuel systems may have openings for emission
controls or for fuel lines needed to route fuel to the engine.
* * * * *

PART 1065--ENGINE-TESTING PROCEDURES

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

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

Subpart A-- [Revised]

    255. Section 1065.1 is amended by revising paragraph (d) to read as
follows:

Sec.  1065.1  Applicability.

* * * * *
    (d) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines. In this part, we refer to each of these other parts
generically as the ``standard-setting part.'' For example, 40 CFR part
1051 is always the standard-setting part for snowmobiles. Note that
while 40 CFR part 86 is the standard-setting part for heavy-duty
highway engines, this refers specifically to 40 CFR part 86, subpart A,
and to certain portions of 40 CFR part 86, subpart N, as described in
40 CFR 86.1301.
* * * * *
    256. Section 1065.2 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  1065.2  Submitting information to EPA under this part.

    (a) You are responsible for statements and information in your
applications for certification, requests for approved procedures,
selective enforcement audits, laboratory audits, production-line test
reports, field test reports, or any other statements you make to us
related to this part 1065. If you provide statements or information to
someone for submission to EPA, you are responsible for these statements
and information as if you had submitted them to EPA yourself.
    (b) In the standard-setting part and in 40 CFR 1068.101, we
describe your obligation to report truthful and complete information
and the consequences of failing to meet this obligation. See also 18
U.S.C. 1001 and 42 U.S.C. 7413(c)(2). This obligation applies whether
you submit this information directly to EPA or through someone else.
* * * * *
    257. Section 1065.10 is amended by revising paragraphs (c)(2) and
(c)(7) to read as follows:

Sec.  1065.10  Other procedures.

* * * * *
    (c) * * *
    (2) You may request to use special procedures if your engine cannot
be tested using the specified procedures. For example, this may apply
if your engine cannot operate on the specified duty cycle. In this
case, tell us in writing why you cannot satisfactorily test your engine
using this part's procedures and ask to use a different approach. We
will approve your request if we determine that it would produce
emission measurements that represent in-use operation and we determine
that it can be used to show compliance with the requirements of the
standard-setting part. Where we approve special procedures that differ
substantially from the specified procedures, we may preclude you from
participating in averaging, banking, and trading with the affected
engine families.
* * * * *
    (7) You may request to use alternate procedures that are equivalent
to the allowed procedures, or procedures that are more accurate or more
precise than the allowed procedures. The following provisions apply to
requests for alternate procedures:
    (i) Applications. Follow the instructions in Sec.  1065.12.
    (ii) Submission. Submit requests in writing to the Designated
Compliance Officer.
    (iii) Notification. We may approve your request by telling you
directly, or we may issue guidance announcing our approval of a
specific alternate procedure, which would make additional requests for
approval unnecessary.
* * * * *
    258. Section 1065.15 is amended by revising paragraph (c) to read
as follows:

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

* * * * *
    (c) We generally set brake-specific emission standards over test
intervals and/or duty cycles, as follows:
    (1) Engine operation. Testing may involve measuring emissions and
work in a laboratory-type environment or in the field, as described in
paragraph (f) of this section. For most laboratory testing, the engine
is operated over one or more duty cycles specified in the standard-
setting part. However, laboratory testing may also include non-duty
cycle testing (such as simulation of field testing in a laboratory).
For field testing, the engine is operated under normal in-use
operation. The standard-setting part specifies how test intervals are
defined for field testing. Refer to the definitions of ``duty cycle''
and ``test interval'' in Sec.  1065.1001. Note that a single duty cycle
may have multiple test intervals and require weighting of results from
multiple test intervals to calculate a composite brake-specific
emissions value to compare to the standard.
    (2) Constituent determination. Determine the total mass of each
constituent over a test interval by selecting from the following
methods:
    (i) Continuous sampling. In continuous sampling, measure the
constituent's concentration continuously from raw or dilute exhaust.
Multiply this concentration by the continuous (raw or dilute) flow rate
at the emission sampling location to determine the constituent's flow
rate. Sum the constituent's flow rate continuously over the test
interval. This sum is the total mass of the emitted constituent.
    (ii) Batch sampling. In batch sampling, continuously extract and
store a sample of raw or dilute exhaust for later measurement. Extract
a sample proportional to the raw or dilute exhaust flow rate. You may
extract and store a proportional sample of exhaust in an appropriate
container, such as a bag, and then measure HC, CO, and NOX
concentrations in the container after the test interval. You may
deposit PM from proportionally extracted exhaust onto an appropriate
substrate, such as a filter. In this case, divide the PM by the amount
of filtered exhaust to calculate the PM concentration. Multiply batch
sampled concentrations by the total (raw or dilute) flow from which it
was extracted during the test interval. This product is the total mass
of the emitted constituent.
    (iii) Combined sampling. You may use continuous and batch sampling
simultaneously during a test interval, as follows:
    (A) You may use continuous sampling for some constituents and batch
sampling for others.
    (B) You may use continuous and batch sampling for a single
constituent, with one being a redundant measurement. See Sec.  1065.201
for more information on redundant measurements.

    (3) Work determination. Determine work over a test interval by one
of the following methods:
    (i) Speed and torque. Synchronously multiply speed and brake torque
to calculate instantaneous values for engine brake power. Sum engine
brake power over a test interval to determine total work.
    (ii) Fuel consumed and brake-specific fuel consumption. Directly
measure fuel consumed or calculate it with chemical balances of the
fuel, intake air, and exhaust. To calculate fuel consumed by a chemical
balance, you must also measure either intake-air flow rate or exhaust
flow rate. Divide the fuel consumed during a test interval by the
brake-specific fuel consumption to determine work over the test
interval. For laboratory testing, calculate the brake-specific fuel
consumption using fuel consumed and speed and torque over a test
interval. For field testing, refer to the standard-setting part and
Sec.  1065.915 for selecting an appropriate value for brake-specific
fuel consumption.
* * * * *

Subpart B-- [Revised]

    259. Section 1065.125 is amended by revising paragraphs (c) and (e)
to read as follows:

Sec.  1065.125  Engine intake air.

* * * * *
    (c) Maintain the temperature of intake air upstream of all engine
components within the range of allowable ambient temperatures (or other
range specified by the standard-setting part), consistent with the
provisions of Sec.  1065.10(c)(1).
* * * * *
    (e) This paragraph (e) includes provisions for simulating charge-
air cooling in the laboratory. This approach is described in paragraph
(e)(1) of this section. Limits on using this approach are described in
paragraphs (e)(2) and (3) of this section.
    (1) Use a charge-air cooling system with a total intake-air
capacity that represents production engines' in-use installation.
Design any laboratory charge-air cooling system to minimize
accumulation of condensate. Drain any accumulated condensate and
completely close all drains before starting a duty cycle. Keep the
drains closed during the emission test. Maintain coolant conditions as
follows:
    (i) Maintain a coolant temperature of at least 20 [deg]C at the
inlet to the charge-air cooler throughout testing. We recommend
maintaining a coolant temperature of 25  5 [deg]C at the
inlet of the charge-air cooler.
    (ii) At the engine conditions specified by the manufacturer, set
the coolant flow rate to achieve an air temperature within 5 [deg]C of the value specified by the manufacturer after the
charge-air cooler's outlet. Measure the air-outlet temperature at the
location specified by the manufacturer. Use this coolant flow rate set
point throughout testing. If the engine manufacturer does not specify
engine conditions or the corresponding charge-air cooler air outlet
temperature, set the coolant flow rate at maximum engine power to
achieve a charge-air cooler air outlet temperature that represents in-
use operation.
    (iii) If the engine manufacturer specifies pressure-drop limits
across the charge-air cooling system, ensure that the pressure drop
across the charge-air cooling system at engine conditions specified by
the manufacturer is within the manufacturer's specified limit(s).
Measure the pressure drop at the manufacturer's specified locations.
    (2) Using a constant flow rate as described in paragraph (e)(1) of
this section may result in unrepresentative overcooling of the intake
air. The provisions of this paragraph (e)(2) apply instead of the
provisions of Sec.  1065.10(c)(1) for this simulation. Our allowance to
cool intake air as specified in this paragraph (e) does not affect your
liability for field testing or for laboratory testing that is done in a
way that better represents in-use operation. Where we determine that
this allowance adversely affects your ability to demonstrate that your
engines would comply with emission standards under in-use conditions,
we may require you to use more sophisticated setpoints and controls of
charge-air pressure drop, coolant temperature, and flow rate to achieve
more representative results.
    (3) This approach does not apply for field testing. You may not
correct measured emission levels from field testing to account for any
differences caused by the simulated cooling in the laboratory.
    260. Section 1065.140 is amended by revising paragraphs (c)(6), (e)
introductory text, and (e)(4) to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

* * * * *
    (c) * * *
    (6) Aqueous condensation. To ensure that you measure a flow that
corresponds to a measured concentration, you may either prevent aqueous
condensation throughout the dilution tunnel or you may allow aqueous
condensation to occur and then measure humidity at the flow meter
inlet. You may heat or insulate the dilution tunnel walls, as well as
the bulk stream tubing downstream of the tunnel to prevent aqueous
condensation. Calculations in Sec.  1065.645 and Sec.  1065.650 account
for either method of addressing humidity in the diluted exhaust. Note
that preventing aqueous condensation involves more than keeping pure
water in a vapor phase (see Sec.  1065.1001).
* * * * *
    (e) Dilution air temperature, dilution ratio, residence time, and
temperature control of PM samples. Dilute PM samples at least once
upstream of transfer lines. You may dilute PM samples upstream of a
transfer line using full-flow dilution, or partial-flow dilution
immediately downstream of a PM probe. In the case of partial-flow
dilution, you may have up to 26 cm of insulated length between the end
of the probe and the dilution stage, but we recommend that the length
be as short as practical. The intent of these specifications is to
minimize heat transfer to or from the emission sample before the final
stage of dilution, other than the heat you may need to add to prevent
aqueous condensation. This is accomplished by initially cooling the
sample through dilution. Configure dilution systems as follows:
* * * * *
    (4) Control sample temperature to a (47 5) [deg]C
tolerance, as measured anywhere within 20 cm upstream or downstream of
the PM storage media (such as a filter). Measure this temperature with
a bare-wire junction thermocouple with wires that are (0.500 0.025) mm diameter, or with another suitable instrument that has
equivalent performance.
    261. Section 1065.145 is revised to read as follows:

Sec.  1065.145  Gaseous and PM probes, transfer lines, and sampling
system components.

    (a) Continuous and batch sampling. Determine the total mass of each
constituent with continuous or batch sampling, as described in Sec.
1065.15(c)(2). Both types of sampling systems have probes, transfer
lines, and other sampling system components that are described in this
section.
    (b) Options for engines with multiple exhaust stacks. Measure
emissions from a test engine as described in this paragraph (b) if it
has multiple exhaust stacks. You may choose to use different
measurement procedures for different pollutants under this paragraph
(b) for a given test. For purposes of this part 1065, the test engine
includes all the devices related to converting the

chemical energy in the fuel to the engine's mechanical output energy.
This may or may not involve vehicle- or equipment-based devices. For
example, all of an engine's cylinders are considered to be part of the
test engine even if the exhaust is divided into separate exhaust
stacks. As another example, all the cylinders of a diesel-electric
locomotive are considered to be part of the test engine even if they
transmit power through separate output shafts, such as might occur with
multiple engine-generator sets working in tandem. Use one of the
following procedures to measure emissions with multiple exhaust stacks:
    (1) Route the exhaust flow from the multiple stacks into a single
flow as described in Sec.  1065.130(c)(6). Sample and measure emissions
after the exhaust streams are mixed. Calculate the emissions as a
single sample from the entire engine. We recommend this as the
preferred option, since it requires only a single measurement and
calculation of the exhaust molar flow for the entire engine.
    (2) Sample and measure emissions from each stack and calculate
emissions separately for each stack. Add the mass (or mass rate)
emissions from each stack to calculate the emissions from the entire
engine. Testing under this paragraph (b)(2) requires measuring or
calculating the exhaust molar flow for each stack separately. If the
exhaust molar flow in each stack cannot be calculated from combustion
air flow(s), fuel flow(s), and measured gaseous emissions, and it is
impractical to measure the exhaust molar flows directly, you may
alternatively proportion the engine's calculated total exhaust molar
flow rate (where the flow is calculated using combustion air mass
flow(s), fuel mass flow(s), and emissions concentrations) based on
exhaust molar flow measurements in each stack using a less accurate,
non-traceable method. For example, you may use a total pressure probe
and static pressure measurement in each stack.
    (3) Sample and measure emissions from one stack and repeat the duty
cycle as needed to collect emissions from each stack separately.
Calculate the emissions from each stack and add the separate
measurements to calculate the mass (or mass rate) emissions from the
entire engine. Testing under this paragraph (b)(3) requires measuring
or calculating the exhaust molar flow for each stack separately. You
may alternatively proportion the engine's calculated total exhaust
molar flow rate based on calculation and measurement limitations as
described in paragraph (b)(2) of this section. Use the average of the
engine's total power or work values from the multiple test runs to
calculate brake-specific emissions. Divide the total mass (or mass
rate) of each emission by the average power (or work). You may
alternatively use the engine power or work associated with the
corresponding stack during each test run if these values can be
determined for each stack separately.
    (4) Sample and measure emissions from each stack separately and
calculate emissions for the entire engine based on the stack with the
highest concentration. Testing under this paragraph (b)(4) requires
only a single exhaust flow measurement or calculation for the entire
engine. You may determine which stack has the highest concentration by
performing multiple test runs, reviewing the results of earlier tests,
or using good engineering judgment. Note that the highest concentration
of different pollutants may occur in different stacks. Note also that
the stack with the highest concentration of a pollutant during a test
interval for field testing may be a different stack than the one you
identified based on average concentrations over a duty cycle.
    (5) Sample emissions from each stack separately and combine the wet
sample streams from each stack proportionally to the exhaust molar
flows in each stack. Measure the emission concentrations and calculate
the emissions for the entire engine based on these weighted
concentrations. Testing under this paragraph (b)(5) requires measuring
or calculating the exhaust molar flow for each stack separately during
the test run to proportion the sample streams from each stack. If it is
impractical to measure the exhaust molar flows directly, you may
alternatively proportion the wet sample streams based on less accurate,
non-traceable flow methods. For example, you may use a total pressure
probe and static pressure measurement in each stack. The following
restrictions apply for testing under this paragraph (b)(5):
    (i) You must use an accurate, traceable measurement or calculation
of the engine's total exhaust molar flow rate for calculating the mass
of emissions from the entire engine.
    (ii) You may dry the single, combined, proportional sample stream;
you may not dry the sample streams from each stack separately.
    (iii) You must measure and proportion the sample flows from each
stack with active flow controls. For PM sampling, you must measure and
proportion the diluted sample flows from each stack with active flow
controls that use only smooth walls with no sudden change in cross-
sectional area. For example, you may control the dilute exhaust PM
sample flows using electrically conductive vinyl tubing and a control
device that pinches the tube over a long enough transition length so no
flow separation occurs.
    (iv) For PM sampling, the transfer lines from each stack must be
joined so the angle of the joining flows is 12.5[deg] or less. Note
that the exhaust manifold must meet the same specifications as the
transfer line according to paragraph (d) of this section.
    (6) Sample emissions from each stack separately and combine the wet
sample streams from each stack equally. Measure the emission
concentrations and calculate the emissions for the entire engine based
on these measured concentrations. Testing under this paragraph (b)(6)
assumes that the raw-exhaust and sample flows are the same for each
stack. The following restrictions apply for testing under this
paragraph (b)(6):
    (i) You must measure and demonstrate that the sample flow from each
stack is within 5% of the value from the stack with the highest sample
flow. You may alternatively ensure that the stacks have equal flow
rates without measuring sample flows by designing a passive sampling
system that meets the following requirements:
    (A) The probes and transfer line branches must be symmetrical, have
equal lengths and diameters, have the same number of bends, and have no
filters.
    (B) If probes are designed such that they are sensitive to stack
velocity, the stack velocity must be similar at each probe. For
example, a static pressure probe used for gaseous sampling is not
sensitive to stack velocity.
    (C) The stack static pressure must be the same at each probe. You
can meet this requirement by placing probes at the end of stacks that
are vented to atmosphere.
    (D) For PM sampling, the transfer lines from each stack must be
joined so the angle of the joining flows is 12.5[deg] or less. Note
that the exhaust manifold must meet the same specifications as the
transfer line according to paragraph (d) of this section.
    (ii) You may use the procedure in this paragraph (b)(6) only if you
perform an analysis showing that the resulting error due to imbalanced
stack flows and concentrations is either at or below 2%. You may
alternatively show that the resulting error does not impact your
ability to demonstrate compliance with applicable standards. For
example, you may use less accurate, non-traceable

measurements of emission concentrations and molar flow in each stack
and demonstrate that the imbalances in flows and concentrations cause
2% or less error.
    (iii) For a two-stack engine, you may use the procedure in this
paragraph (b)(6) only if you can show that the stack with the higher
flow has the lower average concentration for each pollutant over the
duty cycle.
    (iv) You must use an accurate, traceable measurement or calculation
of the engine's total exhaust molar flow rate for calculating the mass
of emissions from the entire engine.
    (v) You may dry the single, equally combined, sample stream; you
may not dry the sample streams from each stack separately.
    (vi) You may determine your exhaust flow rates with a chemical
balance of exhaust gas concentrations and either intake air flow or
fuel flow.
    (c) Gaseous and PM sample probes. A probe is the first fitting in a
sampling system. It protrudes into a raw or diluted exhaust stream to
extract a sample, such that its inside and outside surfaces are in
contact with the exhaust. A sample is transported out of a probe into a
transfer line, as described in paragraph (d) of this section. The
following provisions apply to sample probes:
    (1) Probe design and construction. Use sample probes with inside
surfaces of 300 series stainless steel or, for raw exhaust sampling,
use any nonreactive material capable of withstanding raw exhaust
temperatures. Locate sample probes where constituents are mixed to
their mean sample concentration. Take into account the mixing of any
crankcase emissions that may be routed into the raw exhaust. Locate
each probe to minimize interference with the flow to other probes. We
recommend that all probes remain free from influences of boundary
layers, wakes, and eddies--especially near the outlet of a raw-exhaust
tailpipe where unintended dilution might occur. Make sure that purging
or back-flushing of a probe does not influence another probe during
testing. You may use a single probe to extract a sample of more than
one constituent as long as the probe meets all the specifications for
each constituent.
    (2) Gaseous sample probes. Use either single-port or multi-port
probes for sampling gaseous emissions. You may orient these probes in
any direction relative to the raw or diluted exhaust flow. For some
probes, you must control sample temperatures, as follows:
    (i) For probes that extract NOx from diluted exhaust,
control the probe's wall temperature to prevent aqueous condensation.
    (ii) For probes that extract hydrocarbons for THC or NMHC analysis
from the diluted exhaust of compression-ignition engines, 2-stroke
spark-ignition engines, or 4-stroke spark-ignition engines below 19 kW,
we recommend heating the probe to minimize hydrocarbon contamination
consistent with good engineering judgment. If you routinely fail the
contamination check in the 1065.520 pretest check, we recommend heating
the probe section to approximately 190 [deg]C to minimize
contamination.
    (3) PM sample probes. Use PM probes with a single opening at the
end. Orient PM probes to face directly upstream. If you shield a PM
probe's opening with a PM pre-classifier such as a hat, you may not use
the preclassifier we specify in paragraph (f)(1) of this section. We
recommend sizing the inside diameter of PM probes to approximate
isokinetic sampling at the expected mean flow rate.
    (d) Transfer lines. You may use transfer lines to transport an
extracted sample from a probe to an analyzer, storage medium, or
dilution system, noting certain restrictions for PM sampling in Sec.
1065.140(e). Minimize the length of all transfer lines by locating
analyzers, storage media, and dilution systems as close to probes as
practical. We recommend that you minimize the number of bends in
transfer lines and that you maximize the radius of any unavoidable
bend. Avoid using 90 [deg]elbows, tees, and cross-fittings in transfer
lines. Where such connections and fittings are necessary, take steps,
using good engineering judgment, to ensure that you meet the
temperature tolerances in this paragraph (d). This may involve
measuring temperature at various locations within transfer lines and
fittings. You may use a single transfer line to transport a sample of
more than one constituent, as long as the transfer line meets all the
specifications for each constituent. The following construction and
temperature tolerances apply to transfer lines:
    (1) Gaseous samples. Use transfer lines with inside surfaces of 300
series stainless steel, PTFE, Viton\TM\, or any other material that you
demonstrate has better properties for emission sampling. For raw
exhaust sampling, use a non-reactive material capable of withstanding
raw exhaust temperatures. You may use in-line filters if they do not
react with exhaust constituents and if the filter and its housing meet
the same temperature requirements as the transfer lines, as follows:
    (i) For NOX transfer lines upstream of either an
NO2-to-NO converter that meets the specifications of Sec.
1065.378 or a chiller that meets the specifications of Sec.  1065.376,
maintain a sample temperature that prevents aqueous condensation.
    (ii) For THC transfer lines for testing compression-ignition
engines, 2-stroke spark-ignition engines, or 4-stroke spark-ignition
engines below 19 kW, maintain a wall temperature tolerance throughout
the entire line of (191  11) [deg]C. If you sample from raw
exhaust, you may connect an unheated, insulated transfer line directly
to a probe. Design the length and insulation of the transfer line to
cool the highest expected raw exhaust temperature to no lower than 191
[deg]C, as measured at the transfer line's outlet. For dilute sampling,
you may use a transition zone between the probe and transfer line of up
to 92 cm to allow your wall temperature to transition to (191  11) [deg]C.
    (2) PM samples. We recommend heated transfer lines or a heated
enclosure to minimize temperature differences between transfer lines
and exhaust constituents. Use transfer lines that are inert with
respect to PM and are electrically conductive on the inside surfaces.
We recommend using PM transfer lines made of 300 series stainless
steel. Electrically ground the inside surface of PM transfer lines.
    (e) Optional sample-conditioning components for gaseous sampling.
You may use the following sample-conditioning components to prepare
gaseous samples for analysis, as long as you do not install or use them
in a way that adversely affects your ability to show that your engines
comply with all applicable gaseous emission standards.
    (1) NO2-to-NO converter. You may use an NO2-to-NO
converter that meets the efficiency-performance check specified in
Sec.  1065.378 at any point upstream of a NOx analyzer,
sample bag, or other storage medium.
    (2) Sample dryer. You may use either type of sample dryer described
in this paragraph (e)(2) to decrease the effects of water on gaseous
emission measurements. You may not use a chemical dryer, or use dryers
upstream of PM sample filters.
    (i) Osmotic-membrane. You may use an osmotic-membrane dryer
upstream of any gaseous analyzer or storage medium, as long as it meets
the temperature specifications in paragraph (d)(1) of this section.
Because osmotic-membrane dryers may deteriorate after prolonged
exposure to certain exhaust constituents, consult with the membrane
manufacturer regarding your application before incorporating an

osmotic-membrane dryer. Monitor the dewpoint, Tdew, and
absolute pressure, ptotal, downstream of an osmotic-membrane
dryer. You may use continuously recorded values of Tdew and
ptotal in the amount of water calculations specified in
Sec.  1065.645. If you do not continuously record these values, you may
use their peak values observed during a test or their alarm setpoints
as constant values in the calculations specified in Sec.  1065.645. You
may also use a nominal ptotal, which you may estimate as the
dryer's lowest absolute pressure expected during testing.
    (ii) Thermal chiller. You may use a thermal chiller upstream of
some gas analyzers and storage media. You may not use a thermal chiller
upstream of a THC measurement system for compression-ignition engines,
2-stroke spark-ignition engines, or 4-stroke spark-ignition engines
below 19 kW. If you use a thermal chiller upstream of an
NO2-to-NO converter or in a sampling system without an
NO2-to-NO converter, the chiller must meet the
NO2 loss-performance check specified in Sec.  1065.376.
Monitor the dewpoint, Tdew, and absolute pressure,
ptotal, downstream of a thermal chiller. You may use
continuously recorded values of Tdew and ptotal
in the emission calculations specified in Sec.  1065.650. If you do not
continuously record these values, you may use the maximum temperature
and minimum pressure values observed during a test or the high alarm
temperature setpoint and the low alarm pressure setpoint as constant
values in the amount of water calculations specified in Sec.  1065.645.
You may also use a nominal ptotal, which you may estimate as
the dryer's lowest absolute pressure expected during testing. If it is
valid to assume the degree of saturation in the thermal chiller, you
may calculate Tdew based on the known chiller performance
and continuous monitoring of chiller temperature, Tchiller.
If you do not continuously record values of Tchiller, you
may use its peak value observed during a test, or its alarm setpoint,
as a constant value to determine a constant amount of water according
to Sec.  1065.645. If it is valid to assume that Tchiller is
equal to Tdew, you may use Tchiller in lieu of
Tdew according to Sec.  1065.645. If it is valid to assume a
constant temperature offset between Tchiller and
Tdew, due to a known and fixed amount of sample reheat
between the chiller outlet and the temperature measurement location,
you may factor in this assumed temperature offset value into emission
calculations. If we ask for it, you must show by engineering analysis
or by data the validity of any assumptions allowed by this paragraph
(e)(2)(ii).
    (3) Sample pumps. You may use sample pumps upstream of an analyzer
or storage medium for any gas. Use sample pumps with inside surfaces of
300 series stainless steel, PTFE, or any other material that you
demonstrate has better properties for emission sampling. For some
sample pumps, you must control temperatures, as follows:
    (i) If you use a NOx sample pump upstream of either an
NO2-to-NO converter that meets Sec.  1065.378 or a chiller
that meets Sec.  1065.376, it must be heated to prevent aqueous
condensation.
    (ii) For testing compression-ignition engines, 2-stroke spark-
ignition engines, or 4-stroke spark-ignition engines below 19 kW, if
you use a THC sample pump upstream of a THC analyzer or storage medium,
its inner surfaces must be heated to a tolerance of (191 11) [deg]C.
    (4) Ammonia Scrubber. You may use ammonia scrubbers for any or all
gaseous sampling systems to prevent interference with NH3,
poisoning of the NO2-to-NO converter, and deposits in the
sampling system or analyzers. Follow the ammonia scrubber
manufacturer's recommendations or use good engineering judgment in
applying ammonia scrubbers.
    (f) Optional sample-conditioning components for PM sampling. You
may use the following sample-conditioning components to prepare PM
samples for analysis, as long as you do not install or use them in a
way that adversely affects your ability to show that your engines
comply with the applicable PM emission standards. You may condition PM
samples to minimize positive and negative biases to PM results, as
follows:
    (1) PM preclassifier. You may use a PM preclassifier to remove
large-diameter particles. The PM preclassifier may be either an
inertial impactor or a cyclonic separator. It must be constructed of
300 series stainless steel. The preclassifier must be rated to remove
at least 50% of PM at an aerodynamic diameter of 10 [mu]m and no more
than 1% of PM at an aerodynamic diameter of 1 [mu]m over the range of
flow rates for which you use it. Follow the preclassifier
manufacturer's instructions for any periodic servicing that may be
necessary to prevent a buildup of PM. Install the preclassifier in the
dilution system downstream of the last dilution stage. Configure the
preclassifier outlet with a means of bypassing any PM sample media so
the preclassifier flow may be stabilized before starting a test. Locate
PM sample media within 75 cm downstream of the preclassifier's exit.
You may not use this preclassifier if you use a PM probe that already
has a preclassifier. For example, if you use a hat-shaped preclassifier
that is located immediately upstream of the probe in such a way that it
forces the sample flow to change direction before entering the probe,
you may not use any other preclassifier in your PM sampling system.
    (2) Other components. You may request to use other PM conditioning
components upstream of a PM preclassifier, such as components that
condition humidity or remove gaseous-phase hydrocarbons from the
diluted exhaust stream. You may use such components only if we approve
them under Sec.  1065.10.

Subpart C-- [Revised]

    262. Section 1065.240 is amended by revising paragraph (d)
introductory text to read as follows:

Sec.  1065.240  Dilution air and diluted exhaust flow meters.

* * * * *
    (d) Exhaust cooling. You may cool diluted exhaust upstream of a
dilute-exhaust flow meter, as long as you observe all the following
provisions:
* * * * *

Subpart D--[Revised]

    263. 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 \a\
------------------------------------------------------------------------
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 verification  Speed: Upon initial
                                          installation, within 370 days
                                          before testing and after major
                                          maintenance.
                                         Torque: Upon initial
                                          installation, within 370 days
                                          before testing and after major
                                          maintenance.
                                         Electrical power: Upon initial
                                          installation, within 370 days
                                          before testing and after major
                                          maintenance.
                                         Fuel flow: Upon initial
                                          installation, within 370 days
                                          before testing, and after
                                          major maintenance.
                                         Clean gas and diluted exhaust
                                          flows: 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: 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: Upon initial
                                          installation, within 35 days
                                          before testing and after major
                                          maintenance.
                                         PM balance: Upon initial
                                          installation, within 370 days
                                          before testing and after major
                                          maintenance.
                                         Stand-alone 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 updating-   after system modification that
 recording verification--for gas          would affect response.
 analyzers not continuously compensated
 for other gas species.
Sec.   1065.309: Continuous gas          Upon initial installation or
 analyzer system-response and updating-   after system modification that
 recording verification--for gas          would affect response.
 analyzers continuously compensated for
 other gas species.
Sec.   1065.310: Torque................  Upon initial installation and
                                          after major maintenance.
Sec.   1065.315: Pressure, temperature,  Upon initial installation and
 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 sampler   Upon initial installation,
 verification.\b\                         within 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, after major
                                          maintenance, and within 35
                                          days of testing.
Sec.   1065.345: Vacuum leak...........  Before each laboratory test
                                          according to subpart F of this
                                          part and before each field
                                          test according to subpart J of
                                          this part.
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:
 FID optimization, and THC FID            upon initial installation and
 verification.                            after 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.
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,
 penetration.                             within 185 days before
                                          testing, and after major
                                          maintenance.
Sec.   1065.370: CLD CO2 and H2O quench  Upon initial installation and
                                          after major maintenance.
Sec.   1065.372: NDUV HC and H2O         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,
 conversion.                              within 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.
------------------------------------------------------------------------
\a\ Perform calibrations and verifications more frequently, according to
  measurement system manufacturer instructions and good engineering
  judgment.
\b\ 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.

    264. Section 1065.307 is amended by revising paragraphs (c)(6),
(d), and (e)(3)(ii) and Table 1 to read as follows:

Sec.  1065.307  Linearity verification.

* * * * *
    (c) * * *
    (6) For all measured quantities, use instrument manufacturer
recommendations and good engineering judgment to select reference
values, yrefi, that cover a range of values that you expect
would prevent extrapolation beyond these values during emission
testing. We recommend selecting a zero reference signal as one of the
reference values of the linearity verification. For stand-alone
pressure, temperature, and dewpoint linearity verifications, we
recommend at least three reference values. For all other linearity
verifications select at least ten reference values.
* * * * *
    (d) Reference signals. This paragraph (d) describes recommended
methods for generating reference values for the linearity-verification
protocol in paragraph (c) of this section. Use reference values that
simulate actual values, or introduce an actual value and measure it
with a reference-measurement system. In the latter case, the reference
value is the value reported by the reference-measurement system.
Reference values and reference-measurement systems must be NIST-
traceable. We recommend using calibration reference quantities that are
NIST-traceable within 0.5% uncertainty, if not specified otherwise in
other sections of this part 1065. Use the following recommended methods
to generate reference values or use good engineering judgment to select
a different reference:
    (1) Speed. Run the engine or dynamometer at a series of steady-
state speeds and use a strobe, a photo tachometer, or a laser
tachometer to record reference speeds.
    (2) Torque. Use a series of calibration weights and a calibration
lever arm to simulate engine torque. You may instead use the engine or
dynamometer itself to generate a nominal torque that is measured by a
reference load cell or proving ring in series with the torque-
measurement system. In this case use the reference load cell
measurement as the reference value. Refer to Sec.  1065.310 for a
torque-calibration procedure similar to the linearity verification in
this section.
    (3) Electrical power. Use a controlled source of current and a
watt-hour standard reference meter. Complete calibration systems that
contain a current source and a reference watt-hour meter are commonly
used in the electrical power distribution industry and are therefore
commercially available.
* * * * *
    (e) * * *
    (3) * * *
    (ii) For linearity verification of torque on the engine's primary
output shaft, Tmax refers to the manufacturer's specified
engine torque peak value of the lowest torque engine to be tested.
* * * * *

[GRAPHIC] [TIFF OMITTED] TP28AU09.005

    265. Section 1065.309 is amended by revising paragraph (d)(2) to
read as follows:

Sec.  1065.309  Continuous gas analyzer system-response and updating-
recording verification--for gas analyzers continuously compensated for
other gas species.

* * * * *
    (d) * * *
    (2) Equipment setup. We recommend using minimal lengths of gas
transfer lines between all connections and fast-acting three-way valves
(2 inlets, 1 outlet) to control the flow of zero and blended span gases
to the sample system's probe inlet or a tee near the outlet of the
probe. Normally the gas flow rate is higher than the probe sample flow
rate and the excess is overflowed out the inlet of the probe. If the
gas flow rate is lower than the probe flow rate, the gas concentrations
must be adjusted to account for the dilution from ambient air drawn
into the probe. Select span gases for the species being continuously
combined, other than H2O. Select concentrations of
compensating species that will yield concentrations of these species at
the analyzer inlet that covers the range of concentrations expected
during testing. You may use binary or multi-gas span gases. You may use
a gas blending or mixing device to blend span gases. A gas blending or
mixing device is recommended when blending span gases diluted in
N2 with span gases diluted in air. You may use a multi-gas
span gas, such as NO-CO-CO2-C3H8-
CH4, to verify multiple

analyzers at the same time. In designing your experimental setup, avoid
pressure pulsations due to stopping the flow through the gas blending
device. If H2O correction is applicable, then span gases
must be humidified before entering the analyzer; however, you may not
humidify NO2 span gas by passing it through a sealed
humidification vessel that contains water. You must humidify
NO2 span gas with another moist gas stream. We recommend
humidifying your NO-CO-CO2-C3H8-
CH4, balance N2 blended gas by flowing the gas
mixture through a sealed vessel that humidifies the gas by bubbling it
through distilled water and then mixing the gas with dry NO2
gas, balance purified synthetic air. If your system does not use a
sample dryer to remove water from the sample gas, you must humidify
your span gas to the highest sample H2O content that you
estimate during emission sampling. If your system uses a sample dryer
during testing, it must pass the sample dryer verification check in
Sec.  1065.342, and you must humidify your span gas to an
H2O content greater than or equal to the level determined in
Sec.  1065.145(e)(2). If you are humidifying span gases without
NO2, use good engineering judgment to ensure that the wall
temperatures in the transfer lines, fittings, and valves from the
humidifying system to the probe are above the dewpoint required for the
target H2O content. If you are humidifying span gases with
NO2, use good engineering judgment to ensure that there is
no condensation in the transfer lines, fittings, or valves from the
point where humidified gas is mixed with NO2 span gas to the
probe. We recommend that you design your setup so that the wall
temperatures in the transfer lines, fittings, and valves from the
humidifying system to the probe are at least 5 [deg]C above the local
sample gas dewpoint. Operate the measurement and sample handling system
as you do for emission testing. Make no modifications to the sample
handling system to reduce the risk of condensation. Flow humidified gas
through the sampling system before this check to allow stabilization of
the measurement system's sampling handling system to occur, as it would
for an emission test.
* * * * *
    266. Section 1065.342 is amended by revising paragraph (a), (c),
(d)(4), and (d)(7) to read as follows:

Sec.  1065.342  Sample dryer verification.

    (a) Scope and frequency. If you use a sample dryer as allowed in
Sec.  1065.145(e)(2) to remove water from the sample gas, verify the
performance upon installation, after major maintenance, for thermal
chiller. For osmotic membrane dryers, verify the performance upon
installation, after major maintenance, and within 35 days of testing.
* * * * *
    (c) System requirements. The sample dryer must meet the
specifications as determined in Sec.  1065.145(e)(2) for dewpoint,
Tdew, and absolute pressure, ptotal, downstream
of the osmotic-membrane dryer or thermal chiller.
    (d) * * *
    (4) Maintain the sample lines, fittings, and valves from the
location where the humidified gas water content is measured to the
inlet of the sampling system at a temperature at least 5 [deg]C above
the local humidified gas dewpoint. For dryers used in NOX
sample systems, verify the sample system components used in this
verification to prevent aqueous condensation as required in Sec.
1065.145(d)(1)(i). We recommend that the sample system components be
maintained at least 5 [deg]C above the local humidified gas dewpoint to
prevent aqueous condensation.
* * * * *
    (7) The sample dryer meets the verification if the dewpoint at the
sample dryer pressure as measured in paragraph (d)(6) of this section
is less than the dewpoint corresponding to the sample dryer
specifications as determined in Sec.  1065.145(e)(2) plus 2 [deg]C or
if the mole fraction of water as measured in (d)(6) is less than the
corresponding sample dryer specifications plus 0.002 mol/mol.
* * * * *
    267. Section 1065.345 is amended by revising paragraph (e)(1)(iii)
to read as follows:

Sec.  1065.345  Vacuum-side leak verification.

* * * * *
    (e) * * *
    (1) * * *
    (iii) Close a leak-tight valve located in the sample transfer line
within 92 cm of the probe.
* * * * *
    268. Section 1065.350 is amended by revising paragraph (d) to read
as follows:

Sec.  1065.350  H2O interference verification for
CO2 NDIR analyzers.

* * * * *
    (d) Procedure. Perform the interference verification as follows:
    (1) Start, operate, zero, and span the CO2 NDIR analyzer
as you would before an emission test. If the sample is passed through a
dryer during emission testing, you may run this verification test with
the dryer if it meets the requirements of Sec.  1065.342. Operate the
dryer at the same conditions as you will for an emission test. You may
also run this verification test without the sample dryer.
    (2) Create a humidified test gas by bubbling zero gas that meets
the specifications in Sec.  1065.750 through distilled water in a
sealed vessel. If the sample is not passed through a dryer during
emission testing, control the vessel temperature to generate an
H2O level at least as high as the maximum expected during
emission testing. If the sample is passed through a dryer during
emission testing, control the vessel temperature to generate an
H2O level at least as high as the level determined in Sec.
1065.145(e)(2) for that dryer.
    (3) Introduce the humidified test gas into the sample system. You
may introduce it downstream of any sample dryer, if one is used during
testing.
    (4) If the sample is not passed through a dryer during this
verification test, measure the water mole fraction, xH2O, of
the humidified test gas, as close as possible to the inlet of the
analyzer. For example, measure dewpoint, Tdew, and absolute
pressure, ptotal, to calculate xH2O. Verify that
the water content meets the requirement in paragraph (d)(2) of this
section. If the sample is passed through a dryer during this
verification test, you must verify that the water content of the
humidified test gas downstream of the vessel meets the requirement in
paragraph (d)(2) of this section based on either direct measurement of
the water content (e.g., dewpoint and pressure) or an estimate based on
the vessel pressure and temperature. Use good engineering judgment to
estimate the water content. For example, you may use previous direct
measurements of water content to verify the vessel's level of
saturation.
    (5) If a sample dryer is not used in this verification test, use
good engineering judgment to prevent condensation in the transfer
lines, fittings, or valves from the point where xH2O is
measured to the analyzer. We recommend that you design your system so
the wall temperatures in the transfer lines, fittings, and valves from
the point where xH2O is measured to the analyzer are at
least 5 [deg]C above the local sample gas dewpoint.
* * * * *
    269. Section 1065.355 is amended by revising paragraph (d) to read
as follows:

Sec.  1065.355  H2O and CO2 interference
verification for CO NDIR analyzers.

* * * * *

    (d) Procedure. Perform the interference verification as follows:
    (1) Start, operate, zero, and span the CO NDIR analyzer as you
would before an emission test. If the sample is passed through a dryer
during emission testing, you may run this verification test with the
dryer if it meets the requirements of Sec.  1065.342. Operate the dryer
at the same conditions as you will for an emission test. You may also
run this verification test without the sample dryer.
    (2) Create a humidified CO2 test gas by bubbling a
CO2 span gas that meets the specifications in Sec.  1065.750
through distilled water in a sealed vessel. If the sample is not passed
through a dryer during emission testing, control the vessel temperature
to generate an H2O level at least as high as the maximum
expected during emission testing. If the sample is passed through a
dryer during emission testing, control the vessel temperature to
generate an H2O level at least as high as the level
determined in Sec.  1065.145(e)(2) for that dryer. Use a CO2
span gas concentration at least as high as the maximum expected during
testing.
    (3) Introduce the humidified CO2 test gas into the
sample system. You may introduce it downstream of any sample dryer, if
one is used during testing.
    (4) If the sample is not passed through a dryer during this
verification test, measure the water mole fraction, xH2O, of
the humidified CO2 test gas as close as possible to the
inlet of the analyzer. For example, measure dewpoint, Tdew,
and absolute pressure, ptotal, to calculate xH2O.
Verify that the water content meets the requirement in paragraph (d)(2)
of this section. If the sample is passed through a dryer during this
verification test, you must verify that the water content of the
humidified test gas downstream of the vessel meets the requirement in
paragraph (d)(2) of this section based on either direct measurement of
the water content (e.g., dewpoint and pressure) or an estimate based on
the vessel pressure and temperature. Use good engineering judgment to
estimate the water content. For example, you may use previous direct
measurements of water content to verify the vessel's level of
saturation.
    (5) If a sample dryer is not used in this verification test, use
good engineering judgment to prevent condensation in the transfer
lines, fittings, or valves from the point where xH2O is
measured to the analyzer. We recommend that you design your system so
that the wall temperatures in the transfer lines, fittings, and valves
from the point where xH2O is measured to the analyzer are at
least 5 [deg]C above the local sample gas dewpoint.
* * * * *
    270. Section 1065.370 is amended by revising paragraph (e)(5) to
read as follows:

Sec.  1065.370  CLD CO2 and H2O quench
verification.

* * * * *
    (e) * * *
    (5) Humidify the NO span gas by bubbling it through distilled water
in a sealed vessel. If the humidified NO span gas sample does not pass
through a sample dryer for this verification test, control the vessel
temperature to generate an H2O level approximately equal to
the maximum mole fraction of H2O expected during emission
testing. If the humidified NO span gas sample does not pass through a
sample dryer, the quench verification calculations in Sec.  1065.675
scale the measured H2O quench to the highest mole fraction
of H2O expected during emission testing. If the humidified
NO span gas sample passes through a dryer for this verification test,
control the vessel temperature to generate an H2O level at
least as high as the level determined in Sec.  1065.145(e)(2). For this
case, the quench verification calculations in Sec.  1065.675 do not
scale the measured H2O quench.
* * * * *

Subpart F-- [Revised]

    271. Section 1065.501 is amended by revising paragraphs (b)(2)(i)
and (b)(2)(ii) to read as follows:

Sec.  1065.501  Overview.

* * * * *
    (b) * * *
    (2) * * *
    (i) Discrete-mode cycles. Before emission sampling, stabilize an
engine at the first discrete mode. Sample emissions and other
parameters for that mode in the same manner as a transient cycle, with
the exception that reference speed and torque values are constant.
Record mean values for that mode, and then stabilize the engine at the
next mode. Continue to sample each mode discretely as separate test
intervals and calculate weighted emission results according to the
standard-setting part.
    (ii) Ramped-modal cycles. Perform ramped-modal cycles similar to
the way you would perform transient cycles, except that ramped-modal
cycles involve mostly steady-state engine operation. Generate a ramped-
modal duty cycle as a sequence of second-by-second (1 Hz) reference
speed and torque points. Run the ramped-modal duty cycle in the same
manner as a transient cycle and use the 1 Hz reference speed and torque
values to validate the cycle, even for cycles with % power.
Proportionally sample emissions and other parameters during the cycle
and use the calculations in subpart G of this part to calculate
emissions.
* * * * *
    272. Section 1065.510 is amended by revising paragraph (b)(5) to
read as follows:

Sec.  1065.510  Engine mapping.

* * * * *
    (b) * * *
    (5) Perform one of the following:
    (i) For any engine subject only to steady-state duty cycles (i.e.,
discrete-mode or ramped-modal), you may perform an engine map by using
discrete speeds. Select at least 20 evenly spaced setpoints between
warm idle speed and the endpoint. At each setpoint, stabilize speed and
allow torque to stabilize. Record the mean speed and torque at each
setpoint. We recommend that you stabilize an engine for at least 15
seconds at each setpoint and record the mean feedback speed and torque
of the last (4 to 6) seconds. Use linear interpolation to determine
intermediate speeds and torques. Use this series of speeds and torques
to generate the power map as described in paragraph (e) of this
section.
    (ii) For any variable-speed engine, you may perform an engine map
by using a continuous sweep of speed by continuing to record the mean
feedback speed and torque at 1 Hz or more frequently and increasing
speed at a constant rate such that it takes (4 to 6) min to sweep from
95% of warm idle speed to the endpoint. Stop recording after you
complete the sweep. From the series of mean speed and maximum torque
values, use linear interpolation to determine intermediate values. Use
this series of speeds and torques to generate the power map as
described in paragraph (e) of this section.
    (iii) Determine the endpoint of the map using one of the following
methods:
    (A) You may use as your endpoint the highest speed above maximum
power at which (505) % of maximum power occurs.
    (B) You may use as your endpoint any speed higher than that
specified in paragraph (b)(5)(iii)(A) of this section. If you determine
your endpoint for a continuous sweep according to this paragraph
(b)(5)(iii)(B), you may base your compliance with the (4 to 6) min
specification in paragraph (b)(5)(ii) of this section on the time it
takes you to

reach the speed specified in paragraph (b)(5)(iii)(A) of this section.
    (C) If the speed specified in paragraph (b)(5)(iii)(A) of this
section is unsafe (e.g, for ungoverned engines), use good engineering
judgment to map up to the maximum safe speed. If the engine is equipped
with a governor that prevents the engine from operating at the speeds
specified in paragraph (b)(5)(iii)(A) of this section, you may use the
highest achievable speed as the endpoint. Note that under Sec.
1065.10(c)(1) we may allow you to disregard portions of the map when
selecting maximum test speed if the specified procedure would result in
a duty cycle that does not represent in-use operation.
* * * * *
    273. Section 1065.520 is amended by revising paragraph (b)(1) to
read as follows:

Sec.  1065.520  Pre-test verification procedures and pre-test data
collection.

* * * * *
    (b) * * *
    (1) Ambient temperature of (20 to 30) [deg]C. However, testing may
occur at higher ambient temperatures without EPA approval if it is not
practical to achieve an ambient temperature at or below 30 [deg]C. See
Sec.  1065.125 for requirements related to intake air temperature.
* * * * *
    274. Section 1065.530 is amended by revising paragraph (g)(3)(iv)
to read as follows:

Sec.  1065.530  Emission test sequence.

* * * * *
    (g) * * *
    (3) * * *
    (iv) Analyze non-conventional gaseous batch samples, such as
ethanol (NMHCE) as soon as practical using good engineering judgment.
* * * * *
    275. Section 1065.545 is amended by revising the section heading
and removing paragraph (d) to read as follows:

Sec.  1065.545  Validation of proportional flow control for batch
sampling.

* * * * *
    276. A new Sec.  1065.546 is added to subpart F to read as follows:

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

    Use continuous flows and/or tracer gas concentrations for transient
and ramped modal cycles to validate the minimum dilution ratios for PM
batch sampling as specified in Sec.  1065.140(e)(2) over the test
interval. You may use mode-average values instead of continuous
measurements for discrete mode steady-state duty cycles. Determine the
minimum primary and minimum overall dilution ratios using one of the
following methods (you may use a different method for each stage of
dilution):
    (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 molar flow rate and the chemical
balance terms in Sec.  1065.655. 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.
    (b) Determine minimum dilution ratio based on tracer gas (e.g.,
CO2) concentrations in the raw (or previously diluted) and
dilute exhaust corrected for any removed water.
    (c) Use good engineering judgment to develop your own method of
determining dilution ratios.
    277. Section 1065.550 is amended by revising paragraph (b) to read
as follows:

Sec.  1065.550  Gas analyzer range validation, drift validation, and
drift correction.

* * * * *
    (b) Drift validation and drift correction. Calculate two sets of
brake-specific emission results for each test interval. Calculate one
set using the data before drift correction and calculate the other set
after correcting all the data for drift according to Sec.  1065.672.
Use the two sets of brake-specific emission results to validate the
duty cycle for drift as follows:
    (1) The duty cycle is validated for drift if you satisfy one of the
following criteria:
    (i) For each test interval of the duty cycle and for each regulated
pollutant, the difference between the uncorrected and the corrected
brake-specific emission values over the test interval is within 4% of the uncorrected value or applicable emission standard,
whichever is greater.
    (ii) For the entire duty cycle and for each regulated pollutant,
the difference between the uncorrected and corrected composite brake-
specific emission values over the entire duty cycle is within 4% of the uncorrected value or the applicable emission standard,
whichever is greater. Note that for purposes of drift validation using
composite brake-specific emission values over the entire duty cycle,
leave unaltered any negative emission results over a given test
interval (i.e., do not set them to zero). A third calculation of
composite brake-specific emission values is required for final
reporting. This calculation uses drift-corrected mass (or mass rate)
values from each test interval and sets any negative mass (or mass
rate) values to zero before calculating the composite brake-specific
emission values over the entire duty cycle.
    (2) For standards consisting of multiple emission mass measurements
(such as NMHC+NOX or separate NO and NO2
measurements to comply with a NOX standard), the duty cycle
shall be validated for drift if you satisfy one of the following:
    (i) For each test interval of the duty cycle and for each
individual mass, the difference between the uncorrected and the
corrected brake-specific emission values over the test interval is
within 4% of the uncorrected value; or
    (ii) For the entire duty cycle the difference between the combined
(e.g. NMHC + NOX) uncorrected and combined (e.g. NMHC +
NOX) corrected composite brake-specific emissions values
over the entire duty cycle is within 4% of the uncorrected
value or the applicable emissions standard, whichever is greater.
    (3) If the test is not validated for drift, you may consider the
test results for the duty cycle to be valid only if, using good
engineering judgment, the observed drift does not affect your ability
to demonstrate compliance with the applicable emission standards. For
example, if the drift-corrected value is less than the standard by at
least two times the absolute difference between the uncorrected and
corrected values, you may consider the data to be valid for
demonstrating compliance with the applicable standard.

Subpart G--[Revised]

    278. Section 1065.602 is amended by revising paragraphs (e) and
(l)(1)(iii) to read as follows:

Sec.  1065.602  Statistics.

* * * * *
    (e) Accuracy. Determine accuracy as described in this paragraph
(e). Make multiple measurements of a standard quantity to create a set
of observed values, yi, and compare each observed value to
the known value of the standard quantity. The standard quantity may
have a single known value, such as a gas standard, or a set of known
values of negligible range, such as a known applied pressure produced
by a calibration device during repeated applications. The known value

of the standard quantity is represented by yrefi. If you use
a standard quantity with a single value yrefi would be
constant. Calculate an accuracy value as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU09.009

Example:

yref = 1800.0
N = 3
y1 = 1806.4
y2 = 1803.1
y3 = 1798.9
[GRAPHIC] [TIFF OMITTED] TP28AU09.010

accuracy = 2.8
* * * * *
    (l) * * *
    (1) * * *
    (iii) Use your estimated values as described in the following
example calculation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.011

[GRAPHIC] [TIFF OMITTED] TP28AU09.012

Example:

eNOX = 2.5 g/(kW hr)
Wref = 11.883 kW hr
MNOX = 46.0055 g/mol = 46.0055 10-6 g/[mu]mol
[Delta]tdutycycle = 20 min = 1200 s
 = 35.65 kW
 = 15%
Pmax = 125 kW
pmax = 300 kPa = 300000 Pa
Vdisp = 3.0 L = 0.0030 m\3\
fnmax = 2800 rev/min = 46.67 rev/s
Nstroke = 4 1/rev
[eta]V = 0.9
R = 8.314472 J/(mol[middot]K)
Tmax = 348.15 K
[GRAPHIC] [TIFF OMITTED] TP28AU09.013

= 6.53 mol/s
[GRAPHIC] [TIFF OMITTED] TP28AU09.014

= 189.4 [mu]mol/mol
* * * * *
    279. Section 1065.610 is amended by revising paragraph (c)(3)
introductory text to read as follows:

Sec.  1065.610  Duty cycle generation.

* * * * *
    (c) * * *
    (3) Intermediate speed. If your normalized duty cycle specifies a
speed as ``intermediate speed,'' use your torque-versus-speed curve to
determine the speed at which maximum torque occurs. This is peak torque
speed. If maximum torque occurs in a flat region of the torque-versus-
speed curve, your peak torque speed is the midpoint between the lowest
and highest speeds at which the trace reaches the flat region. For
purposes of this paragraph (c)(3), a flat region is one in which
measured torque values are within 2.0% of the maximum recorded value.
Identify your reference intermediate speed as one of the following
values:
* * * * *
    280. Section 1065.640 is amended by revising paragraph (b)(1) and
adding paragraph (c)(3)(iii) to read as follows:

Sec.  1065.640  Flow meter calibration calculations.

* * * * *
    (b) * * *
    (1) PDP volume pumped per revolution, Vrev (m\3\/rev):

[GRAPHIC] [TIFF OMITTED] TP28AU09.015

Example:

    nref = 25.096 mol/s
    R = 8.314472 J/(mol[middot]K)
    Tin = 299.5 K
    Pin = 98290 Pa
    fnPDP = 1205.1 rev/min = 20.085 rev/s
    [GRAPHIC] [TIFF OMITTED] TP28AU09.016

    Vrev = 0.03166 m\3\/rev
* * * * *
    (c) * * *
    (3) * * *
    (iii) For CFV systems measuring dilute flow only, you may calculate
rCFV using Equation 1065.640-13 instead of Equation
1065.640-8.
* * * * *
    281. Section 1065.642 is amended by revising paragraph (a) to read
as follows:

Sec.  1065.642  SSV, CFV, and PDP molar flow rate calculations.

* * * * *
    (a) PDP molar flow rate. Based upon the speed at which you operate
the PDP for a test interval, select the corresponding slope,
a1, and intercept, a0, as calculated in Sec.
1065.640, to calculate molar flow rate, n, as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU09.017

Where:
[GRAPHIC] [TIFF OMITTED] TP28AU09.018

Example:

a1 = 50.43
---- = 755.0 rev/min = 12.58 rev/s
pout = 99950 Pa
pin = 98575 Pa
a0 = 0.056
R = 8.314472 J/(mol\.\K)
Tin = 323.5 K
Cp = 1000 (J/m\3\)/kPa
Ct = 60 s/min
[GRAPHIC] [TIFF OMITTED] TP28AU09.019

Vrev = 0.52618 m\3\/rev
[GRAPHIC] [TIFF OMITTED] TP28AU09.084

= 242.592 mol/s
* * * * *
    282. Section 1065.645 is amended by revising paragraphs (a)(2) and
(c) to read as follows:

Sec.  1065.645  Amount of water in an ideal gas.

* * * * *
    (a) * * *
    (2) For humidity measurements over ice at ambient temperatures from
(-100 to 0) [deg]C, use the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.020

Example:

Tice = -15.4 [deg]C
Tice = -15.4+ 273.15 = 257.75 K
[GRAPHIC] [TIFF OMITTED] TP28AU09.021

log10(pH20) =- 0.798207
pH20 = 10 \0.79821\ = 0.159145 kPa
* * * * *
    (c) Relative humidity. If you measure humidity as a relative
humidity, RH %, determine the amount of water in an ideal gas,
xH2O, as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU09.022

Where:

xH20 = amount of water in an ideal gas.
RH % = relative humidity.
pH20 = water vapor pressure at 100% relative humidity at
the location of your relative humidity measurement,, Tsat
= Tamb.
pabs = wet static absolute pressure at the location of
your relative humidity measurement.

Example:

RH % = 50.77%
pabs = 99.980 kPa
Tsat = Tamb = 20 [deg]C
Using Eq. 1065.645-1,
pH20 = 2.3371 kPa
xH2O = (50.77%[sdot] 2.3371)/99.980
xH2O = 0.011868 mol/mol

    283. Section 1065.650 is amended by revising paragraphs (a), (b),
(c) introductory text, (d) introductory text, (d)(7), (e)(2), (f)(4),
(g) and (h) to read as follows:

Sec.  1065.650  Emission calculations.

    (a) General. Calculate brake-specific emissions over each
applicable duty cycle or test interval. For test intervals with zero
work (or power), calculate the emission mass (or mass rate), but not
brake-specific emissions. For duty cycles with multiple test intervals,
refer to the standard-setting part for calculations you need to
determine a composite result, such as a calculation that weights and
sums the results of individual test intervals in a duty cycle. If the
standard-setting part does not include those calculations, use the
equations in paragraph (g) of this section. This section is written
based on rectangular integration, where each indexed value (i.e.,
``i'') represents (or approximates) the mean value of the
parameter for its respective time interval, delta-t. You may also
integrate continuous signals using trapezoidal integration consistent
with good engineering judgment.
    (b) Brake-specific emissions over a test interval. We specify three
alternative ways to calculate brake-

specific emissions over a test interval, as follows:
    (1) For any testing, you may calculate the total mass of emissions,
as described in paragraph (c) of this section, and divide it by the
total work generated over the test interval, as described in paragraph
(d) of this section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.023

Example:

mNOx = 64.975 g
W = 25.783 kW\.\hr
eNOx = 64.975/25.783
eNOx = 2.520 g/(kW\.\hr)

    (2) For discrete-mode steady-state testing, you may calculate the
brake-specific emissions over a test interval using the ratio of
emission mass rate to power, as described in paragraph (e) of this
section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.024

    (3) For field testing, you may calculate the ratio of total mass to
total work, where these individual values are determined as described
in paragraph (f) of this section. You may also use this approach for
laboratory testing, consistent with good engineering judgment. Good
engineering judgment dictates that this method not be used if there are
any work flow paths described in Sec.  1065.210 that cross the system
boundary, other than the primary output shaft (crankshaft). This is a
special case in which you use a signal linearly proportional to raw
exhaust molar flow rate to determine a value proportional to total
emissions. You then use the same linearly proportional signal to
determine total work using a chemical balance of fuel, intake air, and
exhaust as described in Sec.  1065.655, plus information about your
engine's brake-specific fuel consumption. Under this method, flow
meters need not meet accuracy specifications, but they must meet the
applicable linearity and repeatability specifications in subpart D or
subpart J of this part. The result is a brake-specific emission value
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU09.025

Example:

= 805.5 g
= 52.102 kW\.\hr
    eCO = 805.5/52.102
    eCO = 2.520 g/(kW\.\hr)

    (c) Total mass of emissions over a test interval. To calculate the
total mass of an emission, multiply a concentration by its respective
flow. For all systems, make preliminary calculations as described in
paragraph (c)(1) of this section, then use the method in paragraphs
(c)(2) through (4) of this section that is appropriate for your system.
Calculate the total mass of emissions as follows:
* * * * *
    (d) Total work over a test interval. To calculate the total work
from the engine over a test interval, add the total work from all the
work paths described in Sec.  1065.210 that cross the system boundary
including electrical energy/work, mechanical shaft work, and fluid
pumping work. For all work paths, except the engine's primary output
shaft (crankshaft), the total work for the path over the test interval
is the integration of the net work flow rate (power) out of the system
boundary. When energy/work flows into the system boundary, this work
flow rate signal becomes negative; in this case, include these negative
work rate values in the integration to calculate total work from that
work path. Some work paths may result in a negative total work. Include
negative total work values from any work path in the calculated total
work from the engine rather than setting the values to zero. The rest
of this paragraph (d) describes how to calculate total work from the
engine's primary output shaft over a test interval. Before integrating
power on the engine's primary output shaft, adjust the speed and torque
data for the time alignment used in Sec.  1065.514(c). Any advance or
delay used on the feedback signals for cycle validation must also be
used for calculating work. Account for work of accessories according to
Sec.  1065.110. Exclude any work during cranking and starting. Exclude
work during actual motoring operation (negative feedback torques),
unless the engine was connected to one or more energy storage devices.
Examples of such energy storage devices include hybrid powertrain
batteries and hydraulic accumulators, like the ones illustrated in
Figure 1 of Sec.  1065.210. Exclude any work during reference zero-load
idle periods (0% speed or idle speed with 0 N\.\m reference torque).
Note, that there must be two consecutive reference zero load idle
points to establish a period where this applies. Include work during
idle points with simulated minimum torque such as Curb Idle
Transmissions Torque (CITT) for automatic transmissions in ``drive''.
The work calculation method described in paragraphs (b)(1) though (7)
of this section meets these requirements using rectangular integration.
You may use other logic that gives equivalent results. For example, you
may use a trapezoidal integration method as described in paragraph
(b)(8) of this section.
* * * * *
    (7) Integrate the resulting values for power over the test
interval. Calculate total work as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU09.026

Where:

W = total work from the primary output shaft
Pi = instantaneous power from the primary output shaft
over an interval i.
Pi = fni [middot] Ti
Eq. 1065.650-11

Example:

N = 9000
fn1 = 1800.2 rev/min
fn2 = 1805.8 rev/min
T1 = 177.23 N[middot]m
T2 = 175.00 N[middot]m
Crev = 2 [middot] [pi] rad/rev
Ct1 = 60 s/min
Cp = 1000 (N[middot]m[middot]rad/s)/kW
frecord = 5 Hz
Ct2 = 3600 s/hr
[GRAPHIC] [TIFF OMITTED] TP28AU09.027

P1 = 33.41 kW
P2 = 33.09 kW
Using Eq. 1065.650-5,
[Delta]t = \1/5\ = 0.2 s
[GRAPHIC] [TIFF OMITTED] TP28AU09.028

W = 16.875 kW[middot]hr
* * * * *
    (e) * * *
    (2) To calculate an engine's mean steady-state total power, P, add
the mean steady-state power from all the work paths described in Sec.
1065.210 that cross the system boundary including electrical power,
mechanical shaft power, and fluid pumping power. For all work paths,
except the engine's primary output shaft (crankshaft), the mean steady-
state power over the test interval is the integration of the net work
flow rate (power) out of the system boundary divided by the period of
the test interval. When power flows into the system boundary, the
power/work flow rate signal becomes negative; in this case, include
these negative power/work rate values in the integration to calculate
the mean power from that work path. Some work paths may result in a
negative mean power. Include negative mean power values from any work
path in the mean total power from

the engine rather than setting these values to zero. The rest of this
paragraph (e)(2) describes how to calculate the mean power from the
engine's primary output shaft. Calculate using Equation 1065.650-13,
noting that P, fn and T refer to mean power, mean rotational shaft
frequency, and mean torque from the primary output shaft. Account for
the power of simulated accessories according to Sec.  1065.110
(reducing the mean primary output shaft power or torque by the
accessory power or torque). Set the power to zero during actual
motoring operation (negative feedback torques), unless the engine was
connected to one or more energy storage devices. Examples of such
energy storage devices include hybrid powertrain batteries and
hydraulic accumulators, like the ones illustrated in Figure 1 of Sec.
1065.210. Set the power to zero for modes with a zero reference load (0
N[middot]m reference torque or 0 kW reference power). Include power
during idle modes with simulated minimum torque or power.
[GRAPHIC] [TIFF OMITTED] TP28AU09.029

* * * * *
    (f) * * *
    (4) Example. The following example shows how to calculate mass of
emissions using proportional values:

N = 3000
frecord = 5 Hz
efuel = 285 g/(kW[middot]hr)
wfuel = 0.869 g/g
Mc = 12.0107 g/mol = 3.922 ~mol/s = 14119.2 mol/hr
xCcombdry1 = 91.634 mmol/mol = 0.091634 mol/mol
xH2Oexh1 = 27.21 mmol/mol = 0.02721 mol/mol
Using Eq. 1065.650-5,
[Delta]t = 0.2 s
[GRAPHIC] [TIFF OMITTED] TP28AU09.030

= 5.09 (kW[middot]hr)
    (g) Brake-specific emissions over a duty cycle with multiple test
intervals. The standard-setting part may specify a duty cycle with
multiple test intervals, such as with discrete-mode steady-state
testing. Unless we specify otherwise, calculate composite brake-
specific emissions over the duty cycle as described in this paragraph
(g). If a measured mass (or mass rate) is negative, set it to zero for
calculating composite brake-specific emissions, but leave it unchanged
for drift validation. In the case of calculating composite brake-
specific emissions relative to a combined emission standard (such as a
NOX + NMHC standard), change any negative mass (or mass
rate) values to zero for a particular pollutant before combining the
values for the different pollutants.
    (1) Use the following equation to calculate composite brake-
specific emissions for duty cycles with multiple test intervals all
with prescribed durations, such as cold-start and hot-start transient
cycles:
[GRAPHIC] [TIFF OMITTED] TP28AU09.031

Where:

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
m = mass of emissions over the test interval as determined in
paragraph (c) of this section.
W = total work from the engine over the test interval as determined
in paragraph (d) of this section.

Example:

N = 2
WF1 = 0.1428
WF2 = 0.8572
m1 = 70.125 g
m2 = 64.975 g
W1 = 25.783 kW[middot]hr
W2 = 25.783 kW[middot]hr
[GRAPHIC] [TIFF OMITTED] TP28AU09.032

eNOxcomposite = 2.548 g/kW[middot]hr

    (2) Calculate composite brake-specific emissions for duty cycles
with multiple test intervals that allow use of varying duration, such
as discrete-mode steady-state duty cycles, as follows:
    (i) Use the following equation if you calculate brake-specific
emissions over test intervals based on total mass and total work as
described in paragraph (b)(1) of this section:
[GRAPHIC] [TIFF OMITTED] TP28AU09.033

Where

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
m = mass of emissions over the test interval as determined in
paragraph (c) of this section.
W = total work from the engine over the test interval as determined
in paragraph (d) of this section.
t = duration of the test interval.
Example:

N = 2
WF1 = 0.85
WF2 = 0.15
m1 = 1.3753 g
m2 =-0.4135 g
t1 =-120 s
t2 =-200 s
W1 = 2.8375 kW\.\hr
W2 = 0.0 kW\.\hr
[GRAPHIC] [TIFF OMITTED] TP28AU09.034

eNOxcomposite = 0.5001 g/kW\.\hr

    (ii) Use the following equation if you calculate brake-specific
emissions over test intervals based on the ratio of mass rate to power
as described in paragraph (b)(2) of this section:
[GRAPHIC] [TIFF OMITTED] TP28AU09.035

Where

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
m = mean steady-state mass rate of emissions over the test interval
as determined in paragraph (e) of this section.
P is the mean steady-state power over the test interval as described
in paragraph (e) of this section.
Example:

N = 2
WF1 = 0.85
WF2 = 0.15
m1 = 2.25842 g/hr
m2 = 0.063443 g/hr
P1 = 4.5383 kW
P2 = 0.0 kW
[GRAPHIC] [TIFF OMITTED] TP28AU09.036

eNOxcomposite = 0.5001 g/kW\.\hr

    (h) Rounding. Round the final brake-specific emission values to be
compared to the applicable standard only after all calculations are
complete (including any drift correction, applicable deterioration
factors, adjustment factors, and allowances) and the result is in g/
(kW[sdot]hr) or units equivalent to the units of the standard, such as
g/(hp\.\hr). See the definition of ``Round'' in Sec.  1065.1001.
    284. Section 1065.655 is amended by revising paragraphs (c)
introductory text, (c)(3), (c)(4), (c)(5), and (d) to read as follows:

Sec.  1065.655  Chemical balances of fuel, intake air, and exhaust.

* * * * *
    (c) Chemical balance procedure. The calculations for a chemical
balance involve a system of equations that require iteration. We
recommend using a computer to solve this system of equations. You must
guess the initial values of up to three quantities: the amount of water
in the measured flow, xH2Oexh, fraction of dilution air in
diluted exhaust, xdil/exh, and the amount of products on a
C1 basis per dry mole of dry measured flow,
xCcombdry. You may use time-weighted mean values of
combustion air humidity and dilution air humidity in the chemical
balance; as long as your combustion air and dilution air humidities
remain within tolerances of 0.0025 mol/mol of their
respective mean values over the test interval. For each emission
concentration, x, and amount of water, xH2Oexh, you must
determine their completely dry concentrations, xdry and
xH2Oexhdry. You must also use your fuel's atomic hydrogen-
to-carbon ratio, [alpha], oxygen-to-carbon ratio, [beta], sulfur-to-
carbon ratio, [gamma], and nitrogen-to-carbon ratio, [delta]. You may
measure [alpha], [beta], [gamma], and [delta] or you may use default
values for a given fuel as described in Sec.  1065.655(d). Use the
following steps to complete a chemical balance:
* * * * *
    (3) Use the following symbols and subscripts in the equations for
this paragraph (c):

xdil/exh = amount of dilution gas or excess air per mole
of exhaust.
xH2Oexh = amount of water in exhaust per mole of exhaust.
xCcombdry = amount of carbon from fuel in the exhaust per
mole of dry exhaust.
xH2dry = amount of H2 in exhaust per amount of
dry exhaust.
KH2Ogas = water-gas reaction equilibrium coefficient. You
may use 3.5 or calculate your own value using good engineering
judgment.
xH2Oexhdry = amount of water in exhaust per dry mole of
dry exhaust.
xprod/intdry = amount of dry stoichiometric products per
dry mole of intake air.
xdil/exhdry = amount of dilution gas and/or excess air
per mole of dry exhaust.
xint/exhdry = amount of intake air required to produce
actual combustion products per mole of dry (raw or diluted) exhaust.
xraw/exhdry = amount of undiluted exhaust, without excess
air, per mole of dry (raw or diluted) exhaust.
xO2int = amount of intake air O2 per mole of
intake air.
xCO2intdry = amount of intake air CO2 per mole
of dry intake air. You may use xCO2intdry = 375
[micro]mol/mol, but we recommend measuring the actual concentration
in the intake air.
xH2Ointdry = amount of intake air H2O per mole
of dry intake air.
xCO2int = amount of intake air CO2 per mole of
intake air.
xCO2dil = amount of dilution gas CO2 per mole
of dilution gas.
xCO2dildry = amount of dilution gas CO2 per
mole of dry dilution gas. If you use air as diluent, you may use
xCO2dildry = 375

[micro]mol/mol, but we recommend measuring the actual concentration
in the intake air.
xH2Odildry = amount of dilution gas H2O per
mole of dry dilution gas.
xH2Odil = amount of dilution gas H2O per mole
of dilution gas.
x[emission]meas = amount of measured emission in the
sample at the respective gas analyzer.
x[emission]dry = amount of emission per dry mole of dry
sample.
xH2O[emission]meas = amount of water in sample at
emission-detection location. Measure or estimate these values
according to Sec.  1065.145(e)(2).
xH2Oint = amount of water in the intake air, based on a
humidity measurement of intake air.
[alpha] = atomic hydrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
[beta] = atomic oxygen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
[gamma] = atomic sulfur-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
[delta] = atomic nitrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.

    (4) Use the following equations to iteratively solve for
xdil/exh, xH2Oexh, and xCcombdry:
[GRAPHIC] [TIFF OMITTED] TP28AU09.037

[GRAPHIC] [TIFF OMITTED] TP28AU09.038

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[GRAPHIC] [TIFF OMITTED] TP28AU09.053

[GRAPHIC] [TIFF OMITTED] TP28AU09.054

    (5) The following example is a solution for xdil/exh, x
H2Oexh, and xCcombdry using the equations in
paragraph (c)(4) of this section:
[GRAPHIC] [TIFF OMITTED] TP28AU09.055

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[GRAPHIC] [TIFF OMITTED] TP28AU09.068

[GRAPHIC] [TIFF OMITTED] TP28AU09.069

[alpha] = 1.8
[beta] = 0.05
[gamma] = 0.0003
[delta] = 0.0001

    (d) Carbon mass fraction. Determine carbon mass fraction of fuel,
wc, using one of the following methods:
    (1) You may calculate wc as described in this paragraph
(d)(1) based on measured fuel properties. To do so, you must determine
values for [alpha] and [beta] in all cases, but you may set [gamma] and
[delta] to zero if the default value listed in Table 1 of this section
is zero. Calculate wc using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.070

Where:

WC = carbon mass fraction of fuel.
MC = molar mass of carbon.
[alpha] = atomic hydrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MH = molar mass of hydrogen.
[beta] = atomic oxygen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MO = molar mass of oxygen.
[gamma] = atomic sulfur-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MS = molar mass of sulfur.
[delta] = atomic nitrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MN = molar mass of nitrogen.
[alpha] = 1.8
[beta] = 0.05
[gamma] = 0.0003
[delta] = 0.0001
C = 12.0107
MH = 1.01
MO = 15.9994
MS = 32.0655
MN = 14.0067

[GRAPHIC] [TIFF OMITTED] TP28AU09.071

WC = 0.8205

    (2) You may use the default values in the following table to
determine wc for a given fuel:

    Table 1 of Sec.   1065.655-Default values of [alpha], [beta], [gamma], [delta], and wC, for Various Fuels
----------------------------------------------------------------------------------------------------------------
                                              Atomic hydrogen, oxygen, sulfur, and nitrogen-to-    Carbon mass
                    Fuel                       carbon  ratios CH[alpha]O[beta]S[gamma]N[delta]  fraction, wC g/g
----------------------------------------------------------------------------------------------------------------
Gasoline....................................  CH[ihel1].[ihel8][ihel5]O[ihel0]S[ihel0]N[ihel0]             0.866
2 Diesel...........................  CH[ihel1].[ihel8][ihel0]O[ihel0]S[ihel0]N[ihel0]             0.869
1 Diesel...........................  CH[ihel1].[ihel9][ihel3]O[ihel0]S[ihel0]N[ihel0]             0.861
Liquefied Petroleum Gas.....................  CH[ihel2].[ihel6][ihel4]O[ihel0]S[ihel0]N[ihel0]             0.819
Natural gas.................................  CH[ihel3].[ihel7][ihel8]O[ihel0].[ihel0][ihel1][             0.747
                                               ihel6]S0N0.
Ethanol.....................................  CH[ihel3]O[ihel0].[ihel5]S0N0...................             0.521
Methanol....................................  CH[ihel4]O[ihel1]S[ihel0]N[ihel0]...............             0.375
Residual fuel blends........................    Must be determined by measured fuel properties as described in
                                                               paragraph (d)(1) of this section.
----------------------------------------------------------------------------------------------------------------

    285. Section 1065.670 is amended by revising paragraphs (a) and (b)
and adding paragraph (c) to read as follows:

Sec.  1065.670  NOX intake-air humidity and temperature corrections.

* * * * *
    (a) For compression-ignition engines, correct for intake-air
humidity using the following equation:
    xNOxcor = xNOxuncor \.\ (9.953 \.\
xH2O + 0.832)
    Eq. 1065.670-1
Example:

xNOxuncor = 700.5 [micro]mol/mol
xH2O = 0.022 mol/mol
xNOxcor = 700.5 \.\ (9.953 \.\ 0.022 + 0.832)
xNOxcor = 736.2 [micro]mol/mol

    (b) For spark-ignition engines, correct for intake-air humidity
using the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU09.072

    xNOxuncor = 154.7 [micro]mol/mol
    xH2O = 0.022 mol/mol
    xNOxcor = 154.7 \.\ (18.840 \.\ 0.022 + 0.68094)
    xNOxcor = 169.5 [micro]mol/mol

    (c) Develop your own correction, based on good engineering
judgment.
    286. Section 1065.690 is amended by revising paragraphs (c) and (e)
to read as follows:

Sec.  1065.690  Buoyancy correction for PM sample media.

* * * * *
    (c) Air density. Because a PM balance environment must be tightly
controlled to an ambient temperature of (22 1)
[deg]C and humidity has an insignificant effect on buoyancy correction,
air density is primarily a function of atmospheric pressure. We
therefore specify a buoyancy correction that is only a function of
atmospheric pressure. Using good engineering judgment, you may develop
and use your own buoyancy correction that includes the effects of
temperature and dewpoint on density in addition to the effect of
atmospheric pressure.
* * * * *
    (e) Correction calculation. Correct the PM sample media for
buoyancy using the following equations:
[GRAPHIC] [TIFF OMITTED] TP28AU09.073

Where:

mcor = PM mass corrected for buoyancy.
muncor = PM mass uncorrected for buoyancy.
pair = density of air in balance environment.
pweight = density of calibration weight used to span
balance.
pmedia = density of PM sample media, such as a filter.
[GRAPHIC] [TIFF OMITTED] TP28AU09.074

Where:

pabs = absolute pressure in balance environment.
Mmix = molar mass of air in balance environment.
R = molar gas constant.
Tamb = absolute ambient temperature of balance
environment.

Example:

pabs = 99.980 kPa
Tsat = Tdew = 9.5 [deg]C
Using Eq. 1065.645-1,
pH20 = 1.1866 kPa
Using Eq. 1065.645-3,
xH2O = 0.011868 mol/mol
Using Eq. 1065.640-9,
Mmix = 28.83563 g/mol
R = 8.314472 J/(mol\.\K)
Tamb = 20 [deg]C

[GRAPHIC] [TIFF OMITTED] TP28AU09.089

pair = 1.18282 kg/m\3\
muncorr = 100.0000 mg
pweight = 8000 kg/m\3\
pmedia = 920 kg/m\3\
[GRAPHIC] [TIFF OMITTED] TP28AU09.075

mcor = 100.1139 mg

Subpart H--[Revised]

    287. Section 1065.701 is amended by revising paragraph (f) to read
as follows:

Sec.  1065.701  General requirements for test fuels.

* * * * *
    (f) Service accumulation and field testing fuels. If we do not
specify a service-accumulation or field-testing fuel in the standard-
setting part, use an appropriate commercially available fuel such as
those meeting minimum specifications from the following table:

              Table 1 of Sec.   1065.701--Examples of Service-Accumulation and Field-Testing Fuels
----------------------------------------------------------------------------------------------------------------
              Fuel category                          Subcategory                   Reference  procedure\1\
----------------------------------------------------------------------------------------------------------------
Diesel..................................  Light distillate and light        ASTM D975-07b
                                           blends with residual.
                                          Middle distillate...............  ASTM D6985-04a
                                          Biodiesel (B100)................  ASTM D6751-07b
Intermediate and residual fuel..........  All.............................  See Sec.   1065.705
Gasoline................................  Motor vehicle gasoline..........  ASTM D4814-07a
                                          Minor oxygenated gasoline blends  ASTM D4814-07a
Alcohol.................................  Ethanol (Ed75-85)...............  ASTM D5798-07
                                          Methanol (M70-M85)..............  ASTM D5797-07
Aviation fuel...........................  Aviation gasoline...............  ASTM D910-07
                                          Gas turbine.....................  ASTM D1655-07e01
                                          Jet B wide cut..................  ASTM D6615-06
Gas turbine fuel........................  General.........................  ASTM D2880-03
----------------------------------------------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference in Sec.   1065.1010.

    288. Section 1065.703 is amended by revising Table 1 to read as
follows:

Sec.  1065.703  Distillate diesel fuel.

* * * * *

                 Table 1 of Sec.   1065.703--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
                                                    Ultra low                                       Reference
             Item                    Units           sulfur        Low sulfur      High sulfur    procedure \1\
----------------------------------------------------------------------------------------------------------------
Cetane Number................  ................           40-50           40-50           40-50  ASTM D613-05.
Distillation range:            [deg]C..........
    Initial boiling point....  ................         171-204         171-204         171-204  ASTM D86-07a.
    10 pct. point............  ................         204-238         204-238         204-238
    50 pct. point............  ................         243-282         243-282         243-282
    90 pct. point............  ................         293-332         293-332         293-332
    Endpoint.................  ................         321-366         321-366         321-366
Gravity......................  [deg]API........           32-37           32-37           32-37  ASTM D4052-
                                                                                96e01.
Total sulfur, ultra low        mg/kg...........            7-15  ..............  ..............  See 40 CFR
 sulfur.                                                                                80.580.
Total sulfur, low and high     mg/kg...........  ..............         300-500        800-2500  ASTM D2622-07
 sulfur.                                                                                or alternates
                                                                                as allowed
                                                                                under 40 CFR
                                                                                80.580.
Aromatics, min. (Remainder     g/kg............             100             100             100  ASTM D5186-03.
 shall be paraffins,
 naphthalenes, and olefins).
Flashpoint, min..............  [deg]C..........              54              54              54  ASTM D93-07.
Kinematic Viscosity..........  cSt.............         2.0-3.2         2.0-3.2         2.0-3.2  ASTM D445-06.
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other allowed
  procedures.

Subpart K--[Revised]

    289. Section 1065.1001 is amended by revising the definitions for
``Duty cycle'' and ``Percent'' to read as follows:

Sec.  1065.1001  Definitions.

* * * * *
    Duty cycle means one of the following:
    (1) A series of speed and torque values (or power values) that an
engine must follow during a laboratory test. Duty cycles are specified
in the standard-setting part. A single duty cycle may consist of one or
more test intervals. A series of speed and torque values meeting the
definition of this paragraph (1) may also be considered a test cycle.
For example, a duty cycle may be a ramped-modal cycle, which has one
test interval; a cold-start plus hot-start transient cycle, which has
two test intervals; or a discrete-mode cycle, which has one test
interval for each mode.
    (2) A set of weighting factors and the corresponding speed and
torque values, where the weighting factors are used to combine the
results of multiple test intervals into a composite result.
* * * * *
    Percent (%) means a representation of exactly 0.01 (with infinite
precision). Significant digits for the product of % and another value,
or the expression of any other value as a percentage, are defined as
follows:
    (1) Where we specify some percentage of a total value (such as
tolerances), the calculated value has the same number of

significant digits as the total value. The specified percentage by
which the total value is multiplied has infinite precision. Note that
not all displayed or recorded digits are significant. For example, 2%
of a span value where the span value is 101.3302 is 2.026604. However,
where the span value has limited precision such that only one digit to
the right of the decimal is significant (i.e., the actual value is
101.3), 2% of the span value is 2.026.
    (2) In other cases (such as some expressions of CO2
concentrations), determine the number of significant digits using the
same method as you would use for determining the number of significant
digits of any calculated value. For example, a calculated value of
0.0321, where the last three digits are significant, is equivalent to
3.21%.
* * * * *
    290. Section 1065.1005 is amended by revising paragraph (f)(2) to
read as follows:

Sec.  1065.1005  Symbols, abbreviations, acronyms, and units of
measure.

* * * * *
    (f) * * *
    (2) This part uses the following molar masses or effective molar
masses of chemical species:

------------------------------------------------------------------------
                                                            g/mol (10-
            Symbol                      Quantity         3kg[middot]mol-
                                                                1)
------------------------------------------------------------------------
Mair..........................  molar mass of dry air 1        28.96559
MAr...........................  molar mass of argon....        39.948
MC............................  molar mass of carbon...        12.0107
MCO...........................  molar mass of carbon           28.0101
                                 monoxide.
MCO2..........................  molar mass of carbon           44.0095
                                 dioxide.
MH............................  molar mass of atomic            1.00794
                                 hydrogen.
MH2...........................  molar mass of molecular         2.01588
                                 hydrogen.
MH2O..........................  molar mass of water....        18.01528
MHe...........................  molar mass of helium...         4.002602
MN............................  molar mass of atomic           14.0067
                                 nitrogen.
MN2...........................  molar mass of molecular        28.0134
                                 nitrogen.
MNMHC.........................  effective molar mass of        13.875389
                                 nonmethane hydrocarbon
                                 \2\.
MNMHCE........................  effective molar mass of        13.875389
                                 nonmethane equivalent
                                 hydrocarbon \2\.
MNOx..........................  effective molar mass of        46.0055
                                 oxides of nitrogen \3\.
MO............................  molar mass of atomic           15.9994
                                 oxygen.
MO2...........................  molar mass of molecular        31.9988
                                 oxygen.
MC3H8.........................  molar mass of propane..        44.09562
MS............................  molar mass of sulfur...        32.0655
MTHC..........................  effective molar mass of        13.875389
                                 total hydrocarbon \2\.
MTHCE.........................  effective molar mass of        13.875389
                                 total hydrocarbon
                                 equivalent \2\.
------------------------------------------------------------------------
\1\ See paragraph (f)(1) of this section for the composition of dry air.
\2\ The effective molar masses of THC, THCE, NMHC, and NMHCE are defined
  by an atomic hydrogen-to-carbon ratio, [alpha], of 1.85.
\3\ The effective molar mass of NOX is defined by the molar mass of
  nitrogen dioxide, NO2.

* * * * *

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR ENGINE PROGRAMS

    292. The heading for part 1068 is revised as set forth above.
    293. The authority citation for part 1068 continues to read as
follows:

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

Subpart A--[Amended]

    294. Section 1068.25 is amended by adding paragraph (c) to read as
follows:

Sec.  1068.25  What information must I give to EPA?

* * * * *
    (c) You are responsible for statements and information in your
applications for certification or any other requests or reports. If you
provide statements or information to someone for submission to EPA, you
are responsible for these statements and information as if you had
submitted them to EPA yourself. For example, knowingly submitting false
information to someone else for inclusion in an application for
certification would be deemed to be a submission of false information
to the U.S. Government in violation of 18 U.S.C. 1001.
    295. Section 1068.30 is amended as follows:
    a. By revising the introductory text of the definition for
``Engine''.
    b. By revising the definition for ``Ultimate purchaser''.
    c. By adding a definition for ``Gas turbine engine'' in
alphabetical order.

Sec.  1068.30  What definitions apply to this part?

* * * * *
    Engine means an engine block with an installed crankshaft, or a gas
turbine engine. The term engine does not include engine blocks without
an installed crankshaft, nor does it include any assembly of
reciprocating engine components that does not include the engine block.
(Note: For purposes of this definition, any component that is the
primary means of converting an engine's energy into usable work is
considered a crankshaft, whether or not it is known commercially as a
crankshaft.) This includes complete and partially complete engines as
follows:
* * * * *
    Gas turbine engine means anything commercially known as a gas
turbine engine or any collection of assembled engine components that is
substantially similar to engines commercially known as gas turbine
engines. For example, a jet engine is a gas turbine engine. Gas turbine
engines may be complete or partially complete. Turbines that rely on
external combustion such as steam engines are not gas turbine engines.
* * * * *
    Ultimate purchaser means the first person who in good faith
purchases a new engine or new piece of equipment for purposes other
than resale.
* * * * *
    296. Section 1068.31 is amended by revising paragraph (d) to read
as follows:

Sec.  1068.31  What provisions apply to nonroad or stationary engines
that change their status?

* * * * *
    (d) Changing the status of a nonroad engine to be a new stationary
engine as

[[Continued on page 44591]]

]

[[pp. 44591-44595]] Control of Emissions From New Marine Compression-Ignition Engines
at or Above 30 Liters per Cylinder

[[Continued from page 44590]]

described in paragraph (e) of this section is a violation of Sec.
1068.101(a)(1) unless the engine complies with all the requirements of
this chapter for new stationary engines of the same type (for example,
a compression-ignition engine rated at 40 kW) and model year. For a new
stationary engine that is required to be certified under 40 CFR part
60, the engine must have been certified to be compliant with all the
requirements that apply to new stationary engines of the same type and
model year, and must be in its certified configuration. Note that the
definitions of ``model year'' in the standard-setting part generally
identifies the engine's original date of manufacture as the basis for
determining which standards apply if it becomes a stationary engine
after it is no longer new. For example, see 40 CFR 60.4219 and 60.4248.
* * * * *
    297. Section 1068.45 is amended by revising paragraph (c)
introductory text to read as follows:

Sec.  1068.45  General labeling provisions.

* * * * *
    (c) Labels on packaging. Unless we specify otherwise, where we
require engine/equipment labels that may be removable, you may instead
label the packaging if the engines/equipment are packaged together as
described in this paragraph (c). For example, this may involve
packaging engines together by attaching them to a rack, binding them
together on a pallet, or enclosing them in a box. The provisions of
this paragraph (c) also apply for engines/equipment boxed individually
where you do not apply labels directly to the engines/equipment. The
following provisions apply if you label the packaging instead of
labeling engines/equipment individually:
* * * * *
    298. Section 1068.101 is revised to read as follows:

Sec.  1068.101  What general actions does this regulation prohibit?

    This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation in accordance
with 42 U.S.C. 7522 and 7524. The maximum penalty values listed in
paragraphs (a) and (b) of this section apply as of January 12, 2009. As
described in paragraph (h) of this section, these maximum penalty
limits are different for earlier violations and they may be adjusted as
set forth in 40 CFR part 19.
    (a) The following prohibitions and requirements apply to
manufacturers of new engines, manufacturers of equipment containing
these engines, and manufacturers of new equipment, except as described
in subparts C and D of this part:
    (1) Introduction into commerce. You may not sell, offer for sale,
or introduce or deliver into commerce in the United States or import
into the United States any new engine/equipment after emission
standards take effect for the engine/equipment, unless it is covered by
a valid certificate of conformity for its model year and has the
required label or tag. You also may not take any of the actions listed
in the previous sentence with respect to any equipment containing an
engine subject to this part's provisions unless the engine is covered
by a valid certificate of conformity for its model year and has the
required engine label or tag. We may assess a civil penalty up to
$37,500 for each engine or piece of equipment in violation.
    (i) For purposes of this paragraph (a)(1), a valid certificate of
conformity is one that applies for the same model year as the model
year of the equipment (except as allowed by Sec.  1068.105(a)), covers
the appropriate category of engines/equipment (such as locomotive or
Marine SI), and conforms to all requirements specified for equipment in
the standard-setting part. Engines/equipment are considered not covered
by a certificate unless they are in a configuration described in the
application for certification.
    (ii) The requirements of this paragraph (a)(1) also cover new
engines you produce to replace an older engine in a piece of equipment,
unless the engine qualifies for the replacement-engine exemption in
Sec.  1068.240.
    (iii) For engines used in equipment subject to equipment-based
standards, you may not sell, offer for sale, or introduce or deliver
into commerce in the United States or import into the United States any
new engine unless it is covered by a valid certificate of conformity
for its model year and has the required label or tag. See the standard-
setting part for more information about how this prohibition applies.
    (2) Reporting and recordkeeping. This chapter requires you to
record certain types of information to show that you meet our
standards. You must comply with these requirements to make and maintain
required records (including those described in Sec.  1068.501). You may
not deny us access to your records or the ability to copy your records
if we have the authority to see or copy them. Also, you must give us
complete and accurate reports and information without delay as required
under this chapter. Failure to comply with the requirements of this
paragraph is prohibited. We may assess a civil penalty up to $37,500
for each day you are in violation. In addition, knowingly submitting
false information is a violation of 18 U.S.C. 1001, which may involve
criminal penalties and up to five years imprisonment.
    (3) Testing and access to facilities. You may not keep us from
entering your facility to test engines/equipment or inspect if we are
authorized to do so. Also, you must perform the tests we require (or
have the tests done for you). Failure to perform this testing is
prohibited. We may assess a civil penalty up to $37,500 for each day
you are in violation.
    (b) The following prohibitions apply to everyone with respect to
the engines and equipment to which this part applies:
    (1) Tampering. You may not remove or render inoperative any device
or element of design installed on or in engines/equipment in compliance
with the regulations prior to its sale and delivery to the ultimate
purchaser. You also may not knowingly remove or render inoperative any
such device or element of design after such sale and delivery to the
ultimate purchaser. This includes, for example, operating an engine
without a supply of appropriate quality urea if the emissions control
system relies on urea to reduce NOx emissions or the use of incorrect
fuel or engine oil that renders the emissions control system
inoperative. Section 1068.120 describes how this applies to rebuilding
engines. See the standard-setting part, which may include additional
provisions regarding actions prohibited by this requirement. For a
manufacturer or dealer, we may assess a civil penalty up to $37,500 for
each engine or piece of equipment in violation. For anyone else, we may
assess a civil penalty up to $3,750 for each day an engine or piece of
equipment is operated in violation. This prohibition does not apply in
any of the following situations:
    (i) You need to repair the engine/equipment and you restore it to
proper functioning when the repair is complete.
    (ii) You need to modify the engine/equipment to respond to a
temporary emergency and you restore it to proper functioning as soon as
possible.
    (iii) You modify new engines/equipment that another manufacturer
has already certified to meet emission standards and recertify them
under your own family. In this case you must tell the original
manufacturer not to include the modified engines/equipment in the
original family.

    (2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, any part that bypasses, impairs, defeats, or
disables the control of emissions of any regulated pollutant, except as
explicitly allowed by the standard-setting part. We may assess a civil
penalty up to $3,750 for each part in violation.
    (3) Stationary engines. For an engine that is excluded from any
requirements of this chapter because it is a stationary engine, you may
not move it or install it in any mobile equipment except as allowed by
the provisions of this chapter. You may not circumvent or attempt to
circumvent the residence-time requirements of paragraph (2)(iii) of the
nonroad engine definition in Sec.  1068.30. Anyone violating this
paragraph (b)(3) is deemed to be a manufacturer in violation of
paragraph (a)(1) of this section. We may assess a civil penalty up to
$37,500 for each day you are in violation.
    (4) Competition engines/equipment. For uncertified engines/
equipment that are excluded or exempted from any requirements of this
chapter because they are to be used solely for competition, you may not
use any of them in a manner that is inconsistent with use solely for
competition. Anyone violating this paragraph (b)(4) is deemed to be a
manufacturer in violation of paragraph (a)(1) of this section. We may
assess a civil penalty up to $37,500 for each day you are in violation.
    (5) Importation. You may not import an uncertified engine or piece