GVWR...................................  gross vehicle weight rating.
Heavy HDE..............................  heavy heavy-duty engine (see 40
                                          CFR 1036.140).
Heavy HDV..............................  heavy heavy-duty vehicle (see
                                          Sec.   1037.140).
HVAC...................................  heating, ventilating, and air
                                          conditioning.
ISO....................................  International Organization for
                                          Standardization.
Light HDE..............................  light heavy-duty engine (see 40
                                          CFR 1036.140).
Light HDV..............................  light heavy-duty vehicle (see
                                          Sec.   1037.140).
LLC....................................  Low Load Cycle.
Medium HDE.............................  medium heavy-duty engine (see
                                          40 CFR 1036.140).
Medium HDV.............................  medium heavy-duty vehicle (see
                                          Sec.   1037.140).
NARA...................................  National Archives and Records
                                          Administration.
NHTSA..................................  National Highway Transportation
                                          Safety Administration.
PHEV...................................  plug-in hybrid electric
                                          vehicle.
PTO....................................  power take-off.
RESS...................................  rechargeable energy storage
                                          system.
SAE....................................  SAE International.
SEE....................................  standard error of the estimate.
SET....................................  Supplemental Emission Test.
SKU....................................  stock-keeping unit.
Spark-ignition HDE.....................  spark-ignition heavy-duty
                                          engine (see 40 CFR 1036.140).
TRPM...................................  tire revolutions per mile.
TRRL...................................  tire rolling resistance level.
U.S.C..................................  United States Code.
VSL....................................  vehicle speed limiter.
------------------------------------------------------------------------

    (f) Constants. This part uses the following constants:

         Table 6 to Paragraph (f) of Sec.   1037.805--Constants
------------------------------------------------------------------------
       Symbol                 Quantity                    Value
------------------------------------------------------------------------
g...................  gravitational constant..  9.80665 m[middot]-\2\.
R...................  specific gas constant...  287.058 J/(kg[middot]K).
------------------------------------------------------------------------

    (g) Prefixes. This part uses the following prefixes to define a
quantity:

          Table 7 to Paragraph (g) of Sec.   1037.805--Prefixes
------------------------------------------------------------------------
             Symbol                    Quantity              Value
------------------------------------------------------------------------
[micro].........................  micro.............  10-\6\
m...............................  milli.............  10-\3\
c...............................  centi.............  10-\2\
k...............................  kilo..............  10\3\
M...............................  mega..............  10\6\
------------------------------------------------------------------------

0
136. Revise Sec.  1037.810 to read as follows:

Sec.  1037.810  Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, EPA must publish a document in the Federal
Register and the material must be available to the public. All approved
incorporation by reference (IBR) material is available for inspection
at EPA and at the National Archives and Records Administration (NARA).
Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004;
www.epa.gov/dockets;<PHONE_NUMBER>. For information on inspecting this
material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the following sources:
    (a) International Organization for Standardization, Case Postale
56, CH-1211 Geneva 20, Switzerland; (41) 22749 0111; www.iso.org; or
[email protected].
    (1) ISO 28580:2009(E) ``Passenger car, truck and bus tyres--Methods
of measuring rolling resistance--Single point test and correlation of
measurement results'', First Edition, July 1, 2009, (``ISO 28580'');
IBR approved for Sec.  1037.520(c).
    (2) [Reserved]
    (b) National Institute of Standards and Technology (NIST), 100
Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070;<PHONE_NUMBER>;
www.nist.gov.
    (1) NIST Special Publication 811, 2008 Edition, Guide for the Use
of the International System of Units (SI), Physics Laboratory, March
2008; IBR approved for Sec.  1037.805.
    (2) [Reserved]
    (c) SAE International, 400 Commonwealth Dr., Warrendale, PA 15096-
0001,<PHONE_NUMBER> (U.S. and Canada) or<PHONE_NUMBER> (outside the
U.S. and Canada), www.sae.org.
    (1) SAE J1025 AUG2012, Test Procedures for Measuring Truck Tire
Revolutions Per Kilometer/Mile, Stabilized August 2012, (``SAE
J1025''); IBR approved for Sec.  1037.520(c).
    (2) SAE J1252 JUL2012, SAE Wind Tunnel Test Procedure for Trucks
and Buses, Revised July 2012, (``SAE J1252''); IBR approved for
Sec. Sec.  1037.525(b); 1037.530(a).
    (3) SAE J1263 MAR2010, Road Load Measurement and Dynamometer
Simulation Using Coastdown Techniques, Revised March 2010, (``SAE
J1263''); IBR approved for Sec. Sec.  1037.528 introductory text, (a),
(b), (c), (e), and (h); 1037.665(a).
    (4) SAE J1594 JUL2010, Vehicle Aerodynamics Terminology, Revised
July 2010, (``SAE J1594''); IBR approved for Sec.  1037.530(d).
    (5) SAE J2071 REV. JUN94, Aerodynamic Testing of Road Vehicles--
Open Throat Wind Tunnel Adjustment, Revised June 1994, (``SAE J2071'');
IBR approved for Sec.  1037.530(b).
    (6) SAE J2263 MAY2020, (R) Road Load Measurement Using Onboard
Anemometry and Coastdown Techniques, Revised May 2020, (``SAE J2263'');
IBR approved for Sec. Sec.  1037.528 introductory text, (a), (b), (d),
and (f); 1037.665(a).
    (7) SAE J2343 JUL2008, Recommended Practice for LNG Medium and
Heavy-Duty Powered Vehicles, Revised July 2008, (``SAE J2343''); IBR
approved for Sec.  1037.103(e).
    (8) SAE J2452 ISSUED JUN1999, Stepwise Coastdown Methodology for
Measuring Tire Rolling Resistance, Issued June 1999, (``SAE J2452'');
IBR approved for Sec.  1037.528(h).
    (9) SAE J2841 MAR2009, Utility Factor Definitions for Plug-In
Hybrid Electric Vehicles Using 2001 U.S. DOT National Household Travel
Survey Data, Issued March 2009, (``SAE J2841''); IBR approved for Sec.
1037.550(a).
    (10) SAE J2966 SEP2013, Guidelines for Aerodynamic Assessment of
Medium and Heavy Commercial Ground Vehicles Using Computational Fluid
Dynamics, Issued September 2013, (``SAE J2966''); IBR approved for
Sec.  1037.532(a).
    (d) U.S. EPA, Office of Air and Radiation, 2565 Plymouth Road, Ann
Arbor, MI 48105; www.epa.gov.
    (1) Greenhouse gas Emissions Model (GEM), Version 2.0.1, September
2012 (``GEM version 2.0.1''); IBR approved for Sec.  1037.520.
    (2) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.0, July
2016 (``GEM Phase 2, Version 3.0''); IBR approved for Sec.
1037.150(bb).
    (3) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.5.1,
November 2020 (``GEM Phase 2, Version 3.5.1''); IBR approved for Sec.
1037.150(bb).
    (4) Greenhouse gas Emissions Model (GEM) Phase 2, Version 4.0,
April 2022 (``GEM Phase 2, Version 4.0''); IBR approved for Sec. Sec.
1037.150(bb); 1037.520; 1037.550(a).
    (5) GEM's MATLAB/Simulink Hardware-in-Loop model, Version 3.8,
December 2020 (``GEM HIL model 3.8''); IBR approved for Sec.
1037.150(bb).
    Note 1 to paragraph (d): The computer code for these models is
available as noted in the introductory paragraph of this section. A
working version of the software is also available for download at
www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.

0
137. Revise Sec.  1037.815 to read as follows:

Sec.  1037.815  Confidential information.

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

0
138. Amend Sec.  1037.825 by revising paragraph (e)(1)(i) to read as
follows:

Sec.  1037.825  Reporting and recordkeeping requirements.

* * * * *
    (e) * * *
    (1) * * *
    (i) In Sec.  1037.150 we include various reporting and
recordkeeping requirements related to interim provisions.
* * * * *

Appendix I to Part 1037 [Redesignated as Appendix A to Part 1037]

Appendix II to Part 1037 [Redesignated as Appendix B to Part 1037]

Appendix III to Part 1037 [Redesignated as Appendix C to Part 1037]

Appendix IV to Part 1037 [Redesignated as Appendix D to Part 1037]

Appendix V to Part 1037 [Redesignated as Appendix E to Part 1037]

0
139. Redesignate appendices to part 1037 as follows:

------------------------------------------------------------------------
            Old appendix                         New appendix
------------------------------------------------------------------------
appendix I to part 1037              appendix A to part 1037.
appendix II to part 1037             appendix B to part 1037.
appendix III to part 1037            appendix C to part 1037.
appendix IV to part 1037             appendix D to part 1037.
appendix V to part 1037              appendix E to part 1037.
------------------------------------------------------------------------

PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES

0
140. The authority citation for part 1039 continues to read as follows:

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

0
141. Amend Sec.  1039.105 by revising the section heading and
paragraphs (a) introductory text and (b) introductory text to read as
follows:

Sec.  1039.105  What smoke opacity standards must my engines meet?

    (a) The smoke opacity standards in this section apply to all
engines subject to emission standards under this part, except for the
following engines:
* * * * *
    (b) Measure smoke opacity as specified in Sec.  1039.501(c). Smoke
opacity from your engines may not exceed the following standards:
* * * * *

0
142. Amend Sec.  1039.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1039.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. We may require that you set adjustable
parameters to any specification within the practically adjustable range
during any testing, including certification testing, selective
enforcement auditing, or in-use testing. General provisions for
adjustable parameters apply as specified in 40 CFR 1068.50.
    (f) Prohibited controls. (1) General provisions. You may not design
your engines with emission control devices, systems, or elements of
design that cause or contribute to an unreasonable risk to public
health, welfare, or safety while operating. For example, an engine may
not emit a noxious or toxic substance it would otherwise not emit that
contributes to such an unreasonable risk.
    (2) Vanadium sublimation in SCR catalysts. For engines equipped
with vanadium-based SCR catalysts, you must design the engine and its
emission controls to prevent vanadium sublimation and protect the
catalyst from high temperatures. We will evaluate your engine design
based on the following information that you must include in your
application for certification:
    (i) Identify the threshold temperature for vanadium sublimation for
your specified SCR catalyst formulation as described in 40 CFR
1065.1113 through 1065.1121.
    (ii) Describe how you designed your engine to prevent catalyst
inlet temperatures from exceeding the temperature you identify in
paragraph (f)(2)(i) of this section, including consideration of engine
wear through the useful life. Also describe your design for catalyst
protection in case catalyst temperatures exceed the specified
temperature. In your description, include how you considered elevated
catalyst temperature resulting from sustained high-load engine
operation, catalyst exotherms, DPF regeneration, and component failure
resulting in unburned fuel in the exhaust stream.
* * * * *

0
143. Amend Sec.  1039.205 by revising paragraph (s) to read as follows:

Sec.  1039.205  What must I include in my application?

* * * * *
    (s) Describe all adjustable operating parameters (see Sec.
1039.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to limit adjustable ranges. State that the limits,
stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended practically adjustable ranges.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
144. Amend Sec.  1039.245 by adding paragraph (e) to read as follows:

Sec.  1039.245  How do I determine deterioration factors from exhaust
durability testing?

* * * * *
    (e) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) The minimum required aging for engines as specified in 40 CFR
1036.245(c)(2) is 1,500 hours. Operate the engine for service
accumulation using the same sequence of duty cycles that would apply
for determining a deterioration factor under paragraph (c) of this
section.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1039.515 rather than 40 CFR 1036.555. For
PEMS testing, measure emissions as the equipment goes through its
normal operation over the course of the day (or shift-day).
    (3) Apply infrequent regeneration adjustment factors as specified
in Sec.  1039.525 rather than 40 CFR 1036.580.

0
145. Amend Sec.  1039.501 by revising paragraph (c) to read as follows:

Sec.  1039.501  How do I run a valid emission test?

* * * * *
    (c) Measure smoke opacity using the procedures in 40 CFR part 1065,
subpart L, for evaluating whether engines meet the smoke opacity
standards in Sec.  1039.105, except that you may test two-cylinder
engines with an exhaust muffler like those installed on in-use engines.
* * * * *

0
146. Revise Sec.  1039.655 to read as follows:

Sec.  1039.655  What special provisions apply to engines sold in
American Samoa or the Commonwealth of the Northern Mariana Islands?

    (a) The prohibitions in 40 CFR 1068.101(a)(1) do not apply to
diesel-fueled engines that are intended for use and will be used in
American Samoa or the Commonwealth of the Northern Mariana Islands,
subject to the following conditions:
    (1) The engine meets the latest applicable emission standards in
appendix I of this part.
    (2) You meet all the requirements of 40 CFR 1068.265.
    (b) If you introduce an engine into U.S. commerce under this
section, you must meet the labeling requirements in Sec.  1039.135, but
add the following statement instead of the compliance statement in
Sec.  1039.135(c)(12):
    THIS ENGINE DOES NOT COMPLY WITH U.S. EPA TIER 4 EMISSION
REQUIREMENTS. IMPORTING THIS ENGINE INTO THE UNITED STATES OR ANY
TERRITORY OF THE UNITED STATES EXCEPT AMERICAN SAMOA OR THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
    (c) Introducing into commerce an engine exempted under this section
in any state or territory of the United States other than American
Samoa or the Commonwealth of the Northern Mariana Islands, throughout
its lifetime, violates the prohibitions in 40 CFR 1068.101(a)(1),
unless it is exempt under a different provision.
    (d) The exemption provisions in this section also applied for
engines that were introduced into commerce in Guam before January 1,
2024 if they

would otherwise have been subject to Tier 4 standards.

0
147. Amend Sec.  1039.801 by revising the definitions of ``Adjustable
parameter'', ``Critical emission-related component'', and ``Designated
Compliance Officer'' to read as follows:

Sec.  1039.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; [email protected];
www.epa.gov/ve-certification
* * * * *

0
148. Amend appendix I of part 1039 by revising paragraphs (a) and (b)
to read as follows:

Appendix I to Part 1039--Summary of Previous Emission Standards

* * * * *
    (a) Tier 1 standards apply as summarized in the following table:

                                                    Table 1 to Appendix I--Tier 1 Emission Standards
                                                                        [g/kW-hr]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Starting model
                    Rated power (kW)                           year             NOX             HC          NOX + NMHC          CO              PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
kW< 8...................................................            2000  ..............  ..............            10.5             8.0             1.0
8 <= kW < 19............................................            2000  ..............  ..............             9.5             6.6            0.80
19 <= kW < 37...........................................            1999  ..............  ..............             9.5             5.5            0.80
37 <= kW < 75...........................................            1998             9.2  ..............  ..............  ..............  ..............
75 <= kW < 130..........................................            1997             9.2  ..............  ..............  ..............  ..............
130 <= kW <= 560........................................            1996             9.2             1.3  ..............            11.4            0.54
kW > 560................................................            2000             9.2             1.3  ..............            11.4            0.54
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Tier 2 standards apply as summarized in the following table:

                                Table 2 to Appendix I--Tier 2 Emission Standards
                                                    [g/kW-hr]
----------------------------------------------------------------------------------------------------------------
                                                  Starting model
                Rated power (kW)                       year         NOX + NMHC          CO              PM
----------------------------------------------------------------------------------------------------------------
kW< 8...........................................            2005             7.5             8.0            0.80
8 <= kW < 19....................................            2005             7.5             6.6            0.80
19 <= kW < 37...................................            2004             7.5             5.5            0.60
37 <= kW < 75...................................            2004             7.5             5.0            0.40
75 <= kW < 130..................................            2003             6.6             5.0            0.30
130 <= kW < 225.................................            2003             6.6             3.5            0.20
225 <= kW < 450.................................            2001             6.4             3.5            0.20
450 <= kW <= 560................................            2002             6.4             3.5            0.20
kW > 560........................................            2006             6.4             3.5            0.20
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 1042--CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE
COMPRESSION-IGNITION ENGINES AND VESSELS

0
149. The authority citation for part 1042 continues to read as follows:

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

Subpart B [Amended]

0
150. Amend Sec.  1042.110 by revising paragraph (a)(1) to read as
follows:

Sec.  1042.110  Recording reductant use and other diagnostic functions.

    (a) * * *
    (1) The diagnostic system must monitor reductant supply and alert
operators to the need to restore the reductant supply, or to replace
the reductant if it does not meet your concentration specifications.
Unless we approve other alerts, use a warning lamp and an audible
alarm. You do not need to separately monitor reductant quality if your
system uses input from an exhaust NOX sensor (or other
sensor) to alert operators when reductant quality is inadequate.
However, tank level or DEF flow must be monitored in all cases.
* * * * *

0
151. Amend Sec.  1042.115 by revising paragraphs (d) introductory text
and (e) to read as follows:

Sec.  1042.115  Other requirements.

* * * * *
    (d) Adjustable parameters. General provisions for adjustable
parameters apply as specified in 40 CFR 1068.50. The following
additional category-specific provisions apply:
* * * * *
    (e) Prohibited controls. (1) General provisions. You may not design
your engines with emission control devices, systems, or elements of
design that cause or contribute to an unreasonable risk to public
health, welfare, or safety while operating. For example, an engine may
not emit a noxious or toxic substance it would otherwise not emit that
contributes to such an unreasonable risk.
    (2) Vanadium sublimation in SCR catalysts. For engines equipped
with vanadium-based SCR catalysts, you must design the engine and its
emission controls to prevent vanadium sublimation and protect the
catalyst from high temperatures. We will evaluate your engine design
based on

the following information that you must include in your application for
certification:
    (i) Identify the threshold temperature for vanadium sublimation for
your specified SCR catalyst formulation as described in 40 CFR
1065.1113 through 1065.1121.
    (ii) Describe how you designed your engine to prevent catalyst
inlet temperatures from exceeding the temperature you identify in
paragraph (e)(2)(i) of this section, including consideration of engine
wear through the useful life. Also describe your design for catalyst
protection in case catalyst temperatures exceed the specified
temperature. In your description, include how you considered elevated
catalyst temperature resulting from sustained high-load engine
operation, catalyst exotherms, DPF regeneration, and component failure
resulting in unburned fuel in the exhaust stream.
* * * * *

0
152. Amend Sec.  1042.145 by adding paragraph (h) to read as follows:

Sec.  1042.145  Interim provisions.

* * * * *
    (h) Expanded production-line testing. Production-line testing
requirements for Category 1 engine families with a projected U.S.-
directed production volume below 100 engines and for all families
certified by small-volume engine manufacturers start to apply in model
year 2024. All manufacturers must test no more than four engine
families in a single model year, and small-volume engine manufacturers
must test no more than two engine families in a single model year.
* * * * *

0
153. Amend Sec.  1042.205 by revising paragraphs (c) and (s) to read as
follows:

Sec.  1042.205  Application requirements.

* * * * *
    (c) If your engines are equipped with an engine diagnostic system
as required under Sec.  1042.110, explain how it works, describing
especially the engine conditions (with the corresponding diagnostic
trouble codes) that cause the warning lamp to go on. Also identify the
communication protocol (SAE J1939, SAE J1979, etc.).
* * * * *
    (s) Describe all adjustable operating parameters (see Sec.
1042.115(d)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to establish adjustable ranges.
    (i) For Category 1 engines, state that the limits, stops, or other
means of inhibiting mechanical adjustment are effective in preventing
adjustment of parameters on in-use engines to settings outside your
intended practically adjustable ranges and provide information to
support this statement.
    (ii) For Category 2 and Category 3 engines, propose a range of
mechanical adjustment for each adjustable parameter, as described in
Sec.  1042.115(d). State that the limits, stops, or other means of
inhibiting mechanical adjustment are effective in preventing adjustment
of parameters on in-use engines to settings outside your proposed
adjustable ranges and provide information to support this statement.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
154. Amend Sec.  1042.245 by adding paragraph (e) to read as follows:

Sec.  1042.245  Deterioration factors.

* * * * *
    (e) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) The minimum required aging as specified in 40 CFR
1036.245(c)(2) is 1,500 hours for Category 1 engines and 3,000 hours
for Category 2 engines. Operate the engine for service accumulation
using the same sequence of duty cycles that would apply for determining
a deterioration factor under paragraph (c) of this section.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1042.515 rather than 40 CFR 1036.555. For
PEMS testing, measure emissions as the vessel goes through its normal
operation over the course of the day (or shift-day).
    (3) Apply infrequent regeneration adjustment factors as specified
in Sec.  1042.525 rather than 40 CFR 1036.580.

0
155. Revise Sec.  1042.301 to read as follows:

Sec.  1042.301  General provisions.

    (a) If you produce freshly manufactured marine engines that are
subject to the requirements of this part, you must test them as
described in this subpart.
    (b) We may suspend or revoke your certificate of conformity for
certain engine families if your production-line engines do not meet the
requirements of this part or you do not fulfill your obligations under
this subpart (see Sec. Sec.  1042.325 and 1042.340). Similarly, we may
deny applications for certification for the upcoming model year if you
do not fulfill your obligations under this subpart (see Sec.
1042.255(c)(1)).
    (c) Other regulatory provisions authorize us to suspend, revoke, or
void your certificate of conformity, or order recalls for engine
families, without regard to whether they have passed production-line
testing requirements. The requirements of this subpart do not affect
our ability to do selective enforcement audits, as described in 40 CFR
part 1068. Individual engines in families that pass production-line
testing requirements must also conform to all applicable regulations of
this part and 40 CFR part 1068.
    (d) You may ask to use another alternate program or measurement
method for testing production-line engines. In your request, you must
show us that the alternate program gives equal assurance that your
engines meet the requirements of this part. We may waive some or all of
this subpart's requirements if we approve your alternate program.
    (e) If you certify a Category 1 or Category 2 engine family with
carryover emission data, as described in Sec.  1042.235(d), you may
omit production-line testing if you fulfilled your testing requirements
with a related engine family in an earlier year, except as follows:
    (1) We may require that you perform additional production-line
testing under this subpart in any model year for cause, such as if you
file a defect report related to the engine family or if you amend your
application for certification in any of the following ways:
    (i) You designate a different supplier or change technical
specifications for any critical emission-related components.
    (ii) You add a new or modified engine configuration such that the
test data from the original emission-data engine do not clearly
continue to serve as worst-case testing for certification.
    (iii) You change your family emission limit without submitting new
emission data.

    (2) If you certify an engine family with carryover emission data
with no production-line testing for more than five model years, we may
require that you perform production-line testing again for one of those
later model years unless you demonstrate that none of the circumstances
identified in paragraph (e)(1) of this section apply for the engine
family.
    (f) We may ask you to make a reasonable number of production-line
engines available for a reasonable time so we can test or inspect them
for compliance with the requirements of this part. For Category 3
engines, you are not required to deliver engines to us, but we may
inspect and test your engines at any facility at which they are
assembled or installed in vessels.

0
156. Amend Sec.  1042.302 by revising the introductory text to read as
follows:

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

    If you produce Tier 3 or later Category 3 engines that are subject
to the requirements of this part, you must test them as described in
this subpart, except as specified in this section.
* * * * *

0
157. Amend Sec.  1042.305 by revising paragraph (a) to read as follows:

Sec.  1042.305  Preparing and testing production-line engines.

* * * * *
    (a) Test procedures. Test your production-line engines using the
applicable testing procedures in subpart F of this part to show you
meet the duty-cycle emission standards in subpart B of this part. For
Category 1 and Category 2 engines, the not-to-exceed standards apply
for this testing of Category 1 and Category 2 engines, but you need not
do additional testing to show that production-line engines meet the
not-to-exceed standards. The mode cap standards apply for testing
Category 3 engines subject to Tier 3 standards (or for engines subject
to the Annex VI Tier III NOx standards under Sec.  1042.650(d)).
* * * * *

0
158. Revise Sec.  1042.310 to read as follows:

Sec.  1042.310  Engine selection for Category 1 and Category 2 engines.

    (a) For Category 1 and Category 2 engine families, the minimum
sample size is one engine. You may ask us to approve treating
commercial and recreational engines as being from the same engine
family for purposes of production-line testing if you certify them
using the same emission-data engine.
    (b) Select engines for testing as follows:
    (1) For Category 1 engines, randomly select one engine within the
first 60 days of the start of production for each engine family.
    (2) For Category 2 engines, randomly select one engine within 60
days after you produce the fifth engine from an engine family (or from
successive families that are related based on your use of carryover
data under Sec.  1042.230(d)).
    (3) If you do not produce an engine from the engine family in the
specified time frame, test the next engine you produce.
    (4) Test engines promptly after selecting them. You may
preferentially select and test engines earlier than we specify.
    (5) You meet the requirement to randomly select engines under this
section if you assemble the engine in a way that fully represents your
normal production and quality procedures.
    (c) For each engine that fails to meet emission standards, select
two engines from the same engine family from the next fifteen engines
produced or within seven days, whichever is later. If you do not
produce fifteen additional engines within 90 days, select two
additional engines within 90 days or as soon as practicable. Test
engines promptly after selecting them. If an engine fails to meet
emission standards for any pollutant, count it as a failing engine
under this paragraph (c).
    (d) Continue testing until one of the following things happens:
    (1) You test the number of engines required under paragraphs (b)
and (c) of this section. For example, if the initial engine fails and
then two engines pass, testing is complete for that engine family.
    (2) The engine family does not comply according to Sec.  1042.315
or you choose to declare that the engine family does not comply with
the requirements of this subpart.
    (e) You may elect to test more randomly chosen engines than we
require under this section.

0
159. Amend Sec.  1042.315 by revising paragraphs (a)(1) and (b) to read
as follows:

Sec.  1042.315  Determining compliance.

* * * * *
    (a) * * *
    (1) Initial and final test results. Calculate and round the test
results for each engine. If you do multiple tests on an engine in a
given configuration (without modifying the engine), calculate the
initial results for each test, then add all the test results together
and divide by the number of tests. Round this final calculated value
for the final test results on that engine. Include the Green Engine
Factor to determine low-hour emission results, if applicable.
* * * * *
    (b) For Category 1 and Category 2 engines, if a production-line
engine fails to meet emission standards and you test additional engines
as described in Sec.  1042.310, calculate the average emission level
for each pollutant for all the engines. If the calculated average
emission level for any pollutant exceeds the applicable emission
standard, the engine family fails the production-line testing
requirements of this subpart. Tell us within ten working days if an
engine fails. You may request to amend the application for
certification to raise the FEL of the engine family as described in
Sec.  1042.225(f).

0
160. Amend Sec.  1042.320 by revising paragraph (c) to read as follows:

Sec.  1042.320  What happens if one of my production-line engines fails
to meet emission standards?

* * * * *
    (c) Use test data from a failing engine for the compliance
demonstration under Sec.  1042.315 as follows:
    (1) Use the original, failing test results as described in Sec.
1042.315, whether or not you modify the engine or destroy it. However,
for catalyst-equipped engines, you may ask us to allow you to exclude
an initial failed test if all the following are true:
    (i) The catalyst was in a green condition when tested initially.
    (ii) The engine met all emission standards when retested after
degreening the catalyst.
    (iii) No additional emission-related maintenance or repair was
performed between the initial failed test and the subsequent passing
test.
    (2) Do not use test results from a modified engine as final test
results under Sec.  1042.315, unless you change your production process
for all engines to match the adjustments you made to the failing
engine. If you change production processes and use the test results
from a modified engine, count the modified engine as the next engine in
the sequence, rather than averaging the results with the testing that
occurred before modifying the engine.

0
161. Amend Sec.  1042.325 by revising paragraph (b) to read as follows:

Sec.  1042.325  What happens if an engine family fails the production-
line testing requirements?

* * * * *
    (b) We will tell you in writing if we suspend your certificate in
whole or in

part. We will not suspend a certificate until at least 15 days after
the engine family fails as described in Sec.  1042.315(b). The
suspension is effective when you receive our notice.
* * * * *

0
162. Revise Sec.  1042.345 to read as follows:

Sec.  1042.345  Reporting.

    (a) Send us a test report within 45 days after you complete
production-line testing for a Category 1 or Category 2 engine family,
and within 45 days after you finish testing each Category 3 engine. We
may approve a later submission for Category 3 engines if it allows you
to combine test reports for multiple engines.
    (b) Include the following information in the report:
    (1) Describe any facility used to test production-line engines and
state its location.
    (2) For Category 1 and Category 2 engines, describe how you
randomly selected engines.
    (3) Describe each test engine, including the engine family's
identification and the engine's model year, build date, model number,
identification number, and number of hours of operation before testing.
Also describe how you developed and applied the Green Engine Factor, if
applicable.
    (4) Identify how you accumulated hours of operation on the engines
and describe the procedure and schedule you used.
    (5) Provide the test number; the date, time and duration of
testing; test procedure; all initial test results; final test results;
and final deteriorated test results for all tests. Provide the emission
results for all measured pollutants. Include information for both valid
and invalid tests and the reason for any invalidation.
    (6) Describe completely and justify any nonroutine adjustment,
modification, repair, preparation, maintenance, or test for the test
engine if you did not report it separately under this subpart. Include
the results of any emission measurements, regardless of the procedure
or type of engine.
    (c) We may ask you to add information to your written report so we
can determine whether your new engines conform with the requirements of
this subpart. We may also ask you to send less information.
    (d) An authorized representative of your company must sign the
following statement:
    We submit this report under sections 208 and 213 of the Clean Air
Act. Our production-line testing conformed completely with the
requirements of 40 CFR part 1042. We have not changed production
processes or quality-control procedures for test engines in a way that
might affect emission controls. All the information in this report is
true and accurate to the best of my knowledge. I know of the penalties
for violating the Clean Air Act and the regulations. (Authorized
Company Representative)
    (e) Send electronic reports of production-line testing to the
Designated Compliance Officer using an approved information format. If
you want to use a different format, send us a written request with
justification for a waiver. You may combine reports from multiple
engines and engine families into a single report.
    (f) We will send copies of your reports to anyone from the public
who asks for them. See Sec.  1042.915 for information on how we treat
information you consider confidential.

0
163. Amend Sec.  1042.515 by revising paragraph (d) to read as follows:

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

* * * * *
    (d) Engine testing may occur at any conditions expected during
normal operation but that are outside the conditions described in
paragraph (c) of this section, as long as measured values are corrected
to be equivalent to the nearest end of the specified range, using good
engineering judgment. Correct NOX emissions for humidity as
specified in 40 CFR part 1065, subpart G.
* * * * *

0
164. Amend Sec.  1042.615 by revising paragraph (g) introductory text
to read as follows:

Sec.  1042.615  Replacement engine exemption.

* * * * *
    (g) In unusual circumstances, you may ask us to allow you to apply
the replacement engine exemption of this section for repowering a
steamship or a vessel that becomes a ``new vessel'' under Sec.
1042.901 as a result of modifications, as follows:
* * * * *

0
165. Amend Sec.  1042.660 by revising paragraph (b) to read as follows:

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

* * * * *
    (b) For vessels equipped with SCR systems requiring the use of urea
or other reductants, owners and operators must report to the Designated
Compliance Officer within 30 days any operation of such vessels without
the appropriate reductant. For each reportable incident, include the
cause of the noncompliant operation, the remedy, and an estimate of the
extent of operation without reductant. You must remedy the problem as
soon as practicable to avoid violating the tampering prohibition in 40
CFR 1068.101(b)(1). If the remedy is not complete within 30 days of the
incident, notify the Designated Compliance Officer when the issue is
resolved, along with any relevant additional information related to the
repair. This reporting requirement applies for all engines on covered
vessels even if the engines are certified to Annex VI standards instead
of or in addition to EPA standards under this part. Failure to comply
with the reporting requirements of this paragraph (b) is a violation of
40 CFR 1068.101(a)(2). Note that operating such engines without
reductant is a violation of 40 CFR 1068.101(b)(1).
* * * * *

0
166. Amend Sec.  1042.901 by revising the definitions of ``Adjustable
parameter'', ``Category 1'', ``Category 2'', ``Critical emission-
related component'', and ``Designated Compliance Officer'' and removing
the definition of ``Designated Enforcement Officer'' to read as
follows:

Sec.  1042.901  Definitions.

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Category 1 means relating to a marine engine with specific engine
displacement below 7.0 liters per cylinder. See Sec.  1042.670 to
determine equivalent per-cylinder displacement for nonreciprocating
marine engines (such as gas turbine engines). Note that the maximum
specific engine displacement for Category 1 engines subject to Tier 1
and Tier 2 standards was 5.0 liters per cylinder.
    Category 2 means relating to a marine engine with a specific engine
displacement at or above 7.0 liters per cylinder but less than 30.0
liters per cylinder. See Sec.  1042.670 to determine equivalent per-
cylinder displacement for nonreciprocating marine engines (such as gas
turbine engines). Note that the minimum specific engine displacement
for Category 2 engines subject to Tier 1 and Tier 2 standards was 5.0
liters per cylinder.
* * * * *

    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Designated Compliance Officer means the Director, Diesel Engine
Compliance Center, U.S. Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; [email protected];
www.epa.gov/ve-certification.
* * * * *

0
167. Amend appendix I to part 1042 by revising paragraph (a) to read as
follows:

Appendix I to Part 1042--Summary of Previous Emission Standards

* * * * *
    (a) Engines below 37 kW. Tier 1 and Tier 2 standards for engines
below 37 kW originally adopted under 40 CFR part 89 apply as
follows:

                        Table 1 to Appendix I--Emission Standards for Engines Below 37 kW
                                                    [g/kW-hr]
----------------------------------------------------------------------------------------------------------------
        Rated power (kW)               Tier         Model year      NMHC + NOX          CO              PM
----------------------------------------------------------------------------------------------------------------
kW<8............................          Tier 1            2000            10.5             8.0             1.0
                                          Tier 2            2005             7.5             8.0            0.80
8<=k W<19.......................          Tier 1            2000             9.5             6.6            0.80
                                          Tier 2            2005             7.5             6.6            0.80
19<= kW<37......................          Tier 1            1999             9.5             5.5            0.80
                                          Tier 2            2004             7.5             5.5            0.60
----------------------------------------------------------------------------------------------------------------

* * * * *

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

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

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

0
169. Amend Sec.  1043.20 by removing the definition of ``Public
vessels'' and adding a definition of ``Public vessel'' in alphabetical
order to read as follows:

Sec.  1043.20  Definitions.

* * * * *
    Public vessel means a warship, naval auxiliary vessel, or other
vessel owned or operated by a sovereign country when engaged in
noncommercial service. Vessels with a national security exemption under
40 CFR 1042.635 are deemed to be public vessels with respect to
compliance with NOX-related requirements of this part when
engaged in noncommercial service. Similarly, vessels with one or more
installed engines that have a national security exemption under 40 CFR
1090.605 are deemed to be public vessels with respect to compliance
with fuel content requirements when engaged in noncommercial service.
* * * * *

0
170. Amend Sec.  1043.55 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1043.55  Applying equivalent controls instead of complying with
fuel requirements.

* * * * *
    (a) The U.S. Coast Guard is the approving authority under APPS for
such equivalent methods for U.S.-flagged vessels.
    (b) The provisions of this paragraph (b) apply for vessels equipped
with controls certified by the U.S. Coast Guard or the Administration
of a foreign-flag vessel to achieve emission levels equivalent to those
achieved by the use of fuels meeting the applicable fuel sulfur limits
of Regulation 14 of Annex VI. Fuels not meeting the applicable fuel
sulfur limits of Regulation 14 of Annex VI may be used on such vessels
consistent with the provisions of the IAPP certificate, APPS and Annex
VI.
* * * * *

0
171. Amend Sec.  1043.95 by revising paragraph (b) to read as follows:

Sec.  1043.95  Great Lakes provisions.

* * * * *
    (b) The following exemption provisions apply for ships qualifying
under paragraph (a) of this section:
    (1) The fuel-use requirements of this part do not apply through
December 31, 2025, if we approved an exemption under this section
before [60 days after the date of publication in the Federal Register]
based on the use of replacement engines certified to applicable
standards under 40 CFR part 1042 corresponding to the date the vessel
entered dry dock for service. All other requirements under this part
1043 continue to apply to exempted vessels, including requirements
related to bunker delivery notes.
    (2) A marine diesel engine installed to repower a steamship may be
certified to the Tier II NOX standard instead of the Tier
III NOX standard pursuant to Regulation 13 of Annex VI.
* * * * *

PART 1045--CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION
MARINE ENGINES AND VESSELS

0
172. The authority citation for part 1045 continues to read as follows:

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

0
173. Amend Sec.  1045.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1045.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. We may require that you set adjustable
parameters to any specification within the practically adjustable range
during any testing, including certification testing, production-line
testing, or in-use testing. General provisions for adjustable
parameters apply as specified in 40 CFR 1068.50.
    (f) Prohibited controls. You may not design your engines with
emission control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating. For example, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *

0
174. Amend Sec.  1045.205 by revising paragraph (r) to read as follows:

Sec.  1045.205  What must I include in my application?

* * * * *
    (r) Describe all adjustable operating parameters (see Sec.
1045.115(e)), including production tolerances. For any operating
parameters that do not

qualify as adjustable parameters, include a description supporting your
conclusion (see 40 CFR 1068.50(c)). Include the following in your
description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to establish adjustable ranges. State that the
limits, stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended practically adjustable ranges and provide
information to support this statement.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
175. Amend Sec.  1045.801 by revising the definitions of ``Adjustable
parameter'' and ``Critical emission-related component'' to read as
follows:

Sec.  1045.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *

0
176. Revise Sec.  1045.815 to read as follows:

Sec.  1045.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

PART 1048--CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-
IGNITION ENGINES

0
177. The authority citation for part 1048 continues to read as follows:

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

Subpart B [Amended]

0
178. Amend Sec.  1048.115 by revising paragraphs (e) and (f) to read as
follows:

Sec.  1048.115  What other requirements apply?

* * * * *
    (e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. We may require that you set adjustable
parameters to any specification within the practically adjustable range
during any testing, including certification testing, production-line
testing, or in-use testing. General provisions for adjustable
parameters apply as specified in 40 CFR 1068.50.
    (f) Prohibited controls. You may not design your engines with
emission control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating. For example, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *

0
179. Amend Sec.  1048.205 by revising paragraph (t) to read as follows:

Sec.  1048.205  What must I include in my application?

* * * * *
    (t) Describe all adjustable operating parameters (see Sec.
1048.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to establish adjustable ranges. State that the
limits, stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended practically adjustable ranges and provide
information to support this statement.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
180. Amend Sec.  1048.240 by adding paragraph (f) to read as follows:

Sec.  1048.240  How do I demonstrate that my engine family complies
with exhaust emission standards?

* * * * *
    (f) You may alternatively determine and verify deterioration
factors based on bench-aged aftertreatment as described in 40 CFR
1036.245 and 1036.246, with the following exceptions:
    (1) The minimum required aging for engines as specified in 40 CFR
1036.245(c)(2) is 300 hours. Operate the engine for service
accumulation using the same sequence of duty cycles that would apply
for determining a deterioration factor under paragraph (c) of this
section.
    (2) Use good engineering judgment to perform verification testing
using the procedures of Sec.  1048.515 rather than 40 CFR 1036.555. For
PEMS testing, measure emissions as the equipment goes through its
normal operation over the course of the day (or shift-day).

0
181. Amend Sec.  1048.501 by revising paragraph (e)(2) to read as
follows:

Sec.  1048.501  How do I run a valid emission test?

* * * * *
    (e) * * *
    (2) For engines equipped with carbon canisters that store fuel
vapors that will be purged for combustion in the engine, precondition
the canister as specified in 40 CFR 86.132-96(h) and then operate the
engine for 60 minutes over repeat runs of the duty cycle specified in
appendix II of this part.
* * * * *

0
182. Amend Sec.  1048.620 by revising paragraphs (a)(3), (d), and (e)
to read as follows:

Sec.  1048.620  What are the provisions for exempting large engines
fueled by natural gas or liquefied petroleum gas?

    (a) * * *
    (3) The engine must be in an engine family that has a valid
certificate of conformity showing that it meets emission standards for
engines of that power rating under 40 CFR part 1039.
* * * * *
    (d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 1039. The requirements
and restrictions of 40 CFR part 1039 apply to anyone manufacturing
engines exempted under this section, anyone manufacturing equipment
that uses these engines, and all other persons in the same manner as if
these were nonroad diesel engines.
    (e) You may request an exemption under this section by submitting
an application for certification for the engines under 40 CFR part
1039.

0
183. Amend Sec.  1048.801 by revising the definitions of ``Adjustable
parameter'' and ``Critical emission-related component'' to read as
follows:

Sec.  1048.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *

0
184. Revise Sec.  1048.815 to read as follows:

Sec.  1048.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

PART 1051--CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND
VEHICLES

0
185. The authority citation for part 1051 continues to read as follows:

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

Subpart B [Amended]

0
186. Amend Sec.  1051.115 by revising paragraphs (c), (d) introductory
text, (d)(1), (d)(2) introductory text, and (e) to read as follows:

Sec.  1051.115  What other requirements apply?

* * * * *
    (c) Adjustable parameters. Vehicles that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. Note that parameters that control the
air-fuel ratio may be treated separately under paragraph (d) of this
section. We may require that you set adjustable parameters to any
specification within the practically adjustable range during any
testing, including certification testing, production-line testing, or
in-use testing. General provisions for adjustable parameters apply as
specified in 40 CFR 1068.50.
    (d) Other adjustments. The following provisions apply for engines
with carburetor jets or needles, and for engines with any other
technology involving service to adjust air-fuel ratio that falls within
the time and cost specifications of 40 CFR 1068.50(d)(1):
    (1) In your application for certification, specify the practically
adjustable range of air-fuel ratios you expect to occur in use. You may
specify it in terms of engine parts (such as the carburetor jet size
and needle configuration as a function of atmospheric conditions).
    (2) The practically adjustable range specified in paragraph (d)(1)
of this section must include all air-fuel ratios between the lean limit
and the rich limit, unless you can show that some air-fuel ratios will
not occur in use.
* * * * *
    (e) Prohibited controls. You may not design your engines with
emission control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating. For example, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *

0
187. Amend Sec.  1051.205 by revising paragraph (q) to read as follows:

Sec.  1051.205  What must I include in my application?

* * * * *
    (q) Describe all adjustable operating parameters (see Sec.
1051.115(e)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to establish adjustable ranges. State that the
limits, stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended practically adjustable ranges and provide
information to support this statement.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
188. Amend Sec.  1051.501 by revising paragraphs (c)(2), (d)(2)(i) and
(d)(3) to read as follows:

Sec.  1051.501  What procedures must I use to test my vehicles or
engines?

* * * * *
    (c) * * *
    (2) To measure fuel-line permeation emissions, use the equipment
and procedures specified in SAE J30 as described in 40 CFR 1060.810.
Prior to permeation testing, precondition the fuel line by filling it
with the fuel specified in paragraph (d)(3) of this section, sealing
the openings, and soaking it for 4 weeks at (23 5) [deg]C.
Use the fuel specified in paragraph (d)(3) of this section. Perform
daily measurements for 14 days, except that you may omit up to two
daily measurements in any seven-day period. Maintain an ambient
temperature of (23 2) [deg]C throughout the sampling
period, except for intervals up to 30 minutes for weight measurements.
    (d) * * *
    (2) * * *
    (i) For the preconditioning soak described in Sec.  1051.515(a)(1)
and fuel slosh durability test described in Sec.  1051.515(d)(3), use
the fuel specified in 40 CFR 1065.710(b), or the fuel specified in 40
CFR 1065.710(c) blended with 10 percent ethanol by volume. As an
alternative, you may use Fuel CE10, which is Fuel C as specified in
ASTM D471 (see 40 CFR 1060.810) blended with 10 percent ethanol by
volume.
* * * * *
    (3) Fuel hose permeation. Use the fuel specified in 40 CFR
1065.710(b), or the fuel specified in 40 CFR 1065.710(c) blended with
10 percent ethanol by volume for permeation testing of fuel lines. As
an alternative, you may use Fuel CE10, which is Fuel C as specified in
ASTM D471 (see 40 CFR 1060.810) blended with 10 percent ethanol by
volume.
* * * * *

0
189. Amend Sec.  1051.515 by revising paragraph (a)(1) to read as
follows:

Sec.  1051.515  How do I test my fuel tank for permeation emissions?

* * * * *
    (a) * * *
    (1) Fill the tank with the fuel specified in Sec.
1051.501(d)(2)(i), seal it, and allow it to soak at 28 5
[deg]C for 20 weeks or at (43 5) [deg]C for 10 weeks.
* * * * *

0
190. Amend Sec.  1051.740 by revising paragraph (b)(5) to read as
follows:

Sec.  1051.740  Are there special averaging provisions for snowmobiles?

* * * * *
    (b) * * *
    (5) Credits can also be calculated for Phase 3 using both sets of
standards. Without regard to the trigger level values, if your net
emission reduction for the redesignated averaging set exceeds the
requirements of Phase 3 in Sec.  1051.103 (using both HC and CO in the
Phase 3 equation in Sec.  1051.103), then your credits are the
difference between the Phase 3 reduction requirement of that section
and your calculated value.

0
191. Amend Sec.  1051.801 by revising the definitions of ``Adjustable
parameter'' and ``Critical emission-related component'' to read as
follows:

Sec.  1051.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *

0
192. Revise Sec.  1051.815 to read as follows:

Sec.  1051.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

PART 1054--CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-
IGNITION ENGINES AND EQUIPMENT

0
193. The authority citation for part 1054 continues to read as follows:

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

0
194. Amend Sec.  1054.115 by revising paragraphs (b) and (d) to read as
follows:

Sec.  1054.115  What other requirements apply?

* * * * *
    (b) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
practically adjustable range. We may require that you set adjustable
parameters to any specification within the practically adjustable range
during any testing, including certification testing, production-line
testing, or in-use testing. You may ask us to limit idle-speed or
carburetor adjustments to a smaller range than the practically
adjustable range if you show us that the engine will not be adjusted
outside of this smaller range during in-use operation without
significantly degrading engine performance. General provisions for
adjustable parameters apply as specified in 40 CFR 1068.50.
* * * * *
    (d) Prohibited controls. You may not design your engines with
emission control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating. For example, an engine may not emit a noxious or toxic
substance it would otherwise not emit that contributes to such an
unreasonable risk.
* * * * *

0
195. Amend Sec.  1054.205 by revising paragraphs (o)(1) and (q) to read
as follows:

Sec.  1054.205  What must I include in my application?

* * * * *
    (o) * * *
    (1) Present emission data for hydrocarbon (such as THC, THCE, or
NMHC, as applicable), NOX, and CO on an emission-data engine
to show your engines meet the applicable exhaust emission standards as
specified in Sec.  1054.101. Show emission figures before and after
applying deterioration factors for each engine. Include test data from
each applicable duty cycle as specified in Sec.  1054.505(b). If we
specify more than one grade of any fuel type (for example, low-
temperature and all-season gasoline), you need to submit test data only
for one grade, unless the regulations of this part specify otherwise
for your engine.
* * * * *
    (q) Describe all adjustable operating parameters (see Sec.
1054.115(b)), including production tolerances. For any operating
parameters that do not qualify as adjustable parameters, include a
description supporting your conclusion (see 40 CFR 1068.50(c)). Include
the following in your description of each adjustable parameter:
    (1) For practically adjustable parameters, include the nominal or
recommended setting, the intended practically adjustable range, and the
limits or stops used to establish adjustable ranges. State that the
limits, stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended practically adjustable ranges and provide
information to support this statement.
    (2) For programmable operating parameters, state that you have
restricted access to electronic controls to prevent parameter
adjustments on in-use engines that would allow operation outside the
practically adjustable range. Describe how your engines are designed to
prevent unauthorized adjustments.
* * * * *

0
196. Amend Sec.  1054.230 by revising paragraphs (b)(8) and (9) to read
as follows:

Sec.  1054.230  How do I select emission families?

* * * * *
    (b) * * *
    (8) Method of control for engine operation, other than governing.
For example, multi-cylinder engines with port fuel injection may not be
grouped into an emission family with engines that have a single
throttle-body injector or carburetor.
    (9) The numerical level of the applicable emission standards. For
example, an emission family may not include engines certified to
different family emission limits, though you may change family emission
limits without recertifying as specified in Sec.  1054.225.
* * * * *

0
197. Amend Sec.  1054.505 by revising paragraphs (a), (b) introductory
text, (b)(1)(i), (b)(2), and (d)(1) to read as follows:

Sec.  1054.505  How do I test engines?

    (a) This section describes how to test engines under steady-state
conditions. We may also perform other testing as allowed by the Clean
Air Act. Sample emissions separately for each mode, then calculate an
average emission level for the whole cycle using the weighting factors
specified for each mode. Control engine speed as specified in this
section. Use one of the following methods for confirming torque values
for nonhandheld engines:
    (1) Calculate torque-related cycle statistics and compare with the
established criteria as specified in 40 CFR 1065.514 to confirm that
the test is valid.
    (2) Evaluate each mode separately to validate the duty cycle. All
torque feedback values recorded during non-idle sampling periods must
be within 2 percent of the reference value or within 0.27 N[middot]m of the reference value, whichever is greater.
Also, the mean torque value during non-idle sampling periods must be
within 1 percent of the reference value or 0.12
N[middot]m of the reference value, whichever is greater. Control torque
during idle as specified in paragraph (c) of this section.
    (b) Measure emissions by testing engines on a dynamometer with the
test procedures for constant-speed engines in 40 CFR part 1065 while
using the steady-state duty cycles identified in this paragraph (b) to
determine whether it meets the exhaust emission standards specified in
Sec.  1054.101(a). This paragraph (b) applies for all engines,
including those not meeting the definition of ``constant-speed engine''
in 40 CFR 1065.1001.
    (1) * * *
    (i) For ungoverned handheld engines used in fixed-speed
applications all having approximately the same nominal

in-use operating speed, hold engine speed within 350 rpm of the nominal
speed for testing. We may allow you to include in your engine family,
without additional testing, a small number of engines that will be
installed such that they have a different nominal speed. If your engine
family includes a majority of engines with approximately the same
nominal in-use operating speed and a substantial number of engines with
different nominal speeds, you must test engines as specified in this
paragraph (b)(1)(i) and paragraph (b)(1)(ii) of this section.
* * * * *
    (2) For nonhandheld engines designed to idle, use the six-mode duty
cycle described in paragraph (b)(1) of appendix II of this part; use
the five-mode duty cycle described in paragraph (b)(2) of appendix II
of this part for engines that are not designed to idle. If an engine
family includes engines designed to idle and engines not designed to
idle, include in the application for certification the test results for
the duty cycle that will result in worst-case HC+NOX
emissions based on measured values for that engine family. Control
engine speed during the full-load operating mode as specified in
paragraph (d) of this section. For all other modes, control engine
speed to within 5 percent of the nominal speed specified in paragraph
(d) of this section or let the installed governor (in the production
configuration) control engine speed. For all modes except idle, control
torque as needed to meet the cycle-validation criteria in paragraph (a)
of this section. The governor may be adjusted before emission sampling
to target the nominal speed identified in paragraph (d) of this
section, but the installed governor must control engine speed
throughout the emission-sampling period whether the governor is
adjusted or not.
* * * * *
    (d) * * *
    (1) Select an engine speed for testing as follows:
    (i) For engines with a governed speed at full load between 2700 and
4000 rpm, select appropriate test speeds for the emission family. If
all the engines in the emission family are used in intermediate-speed
equipment, select a test speed of 3060 rpm. The test associated with
intermediate-speed operation is referred to as the A Cycle. If all the
engines in the emission family are used in rated-speed equipment,
select a test speed of 3600 rpm. The test associated with rated-speed
operation is referred to as the B Cycle. If an emission family includes
engines used in both intermediate-speed equipment and rated-speed
equipment, measure emissions at test speeds of both 3060 and 3600 rpm.
In unusual circumstances, you may ask to use a test speed different
than that specified in this paragraph (d)(1)(i) if it better represents
in-use operation.
    (ii) For engines with a governed speed below 2700 or above 4000
rpm, ask us to approve one or more test speeds to represent those
engines using the provisions for special procedures in 40 CFR
1065.10(c)(2).
* * * * *

0
198. Amend Sec.  1054.801 by:
0
a. Revising the definitions of ``Adjustable parameter'' and ``Critical
emission-related component''.
0
b. Removing the definition of ``Discrete mode''.
0
c. Revising the definition of ``Intermediate-speed equipment''.
0
d. Removing the definition of ``Ramped-modal''.
0
e. Revising the definitions of ``Rated-speed equipment'' and ``Steady-
state''.
    The revisions read as follows:

Sec.  1054.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *
    Critical emission-related component has the meaning given in 40 CFR
1068.30.
* * * * *
    Intermediate-speed equipment includes all nonhandheld equipment in
which the installed engine's governed speed at full load is below 3330
rpm. It may also include nonhandheld equipment in which the installed
engine's governed speed at full load is as high as 3400 rpm.
* * * * *
    Rated-speed equipment includes all nonhandheld equipment in which
the installed engine's governed speed at full load is at or above 3400
rpm. It may also include nonhandheld equipment in which the installed
engine's governed speed at full load is as low as 3330 rpm.
* * * * *
    Steady-state means relating to emission tests in which engine speed
and load are held at a finite set of essentially constant values.
* * * * *

0
199. Revise Sec.  1054.815 to read as follows:

Sec.  1054.815  What provisions apply to confidential information?

    The provisions of 40 CFR 1068.10 and 1068.11 apply for information
you submit under this part.

0
200. Redesignate appendix I to part 1054 as appendix A to part 1054 and
amend newly redesignated appendix A by revising paragraph (b)(3)
introductory text to read as follows:

Appendix A to Part 1054--Summary of Previous Emission Standards

* * * * *
    (b) * * *
    (3) Note that engines subject to Phase 1 standards were not
subject to useful life, deterioration factor, production-line
testing, or in-use testing provisions. In addition, engines subject
to Phase 1 standards and engines subject to Phase 2 standards were
both not subject to the following provisions:
* * * * *

0
201. Redesignate appendix II to part 1054 as appendix B to part 1054
and revise newly redesignated appendix B to read as follows:

Appendix B to Part 1054--Duty Cycles for Laboratory Testing

    (a) Test handheld engines with the following steady-state duty
cycle:

         Table 1 to Appendix B--Duty Cycle for Handheld Engines
------------------------------------------------------------------------
                                              Torque         Weighting
      G3 mode No.       Engine speed \a\   (percent) \b\      factors
------------------------------------------------------------------------
1.....................  Rated speed.....             100            0.85
2.....................  Warm idle.......               0            0.15
------------------------------------------------------------------------
\a\ Test engines at the specified speeds as described in Sec.
  1054.505.
\b\ Test engines at 100 percent torque by setting operator demand to
  maximum. Control torque during idle at its warm idle speed as
  described in 40 CFR 1065.510.

    (b) Test nonhandheld engines with one of the following steady-
state duty cycles:
    (1) The following duty cycle applies for engines designed to
idle:

   Table 2 to Appendix B--Duty Cycle for Nonhandheld Engines With Idle
------------------------------------------------------------------------
                                              Torque         Weighting
             G2 Mode No.\a\                (percent) \b\      factors
------------------------------------------------------------------------
1.......................................             100            0.09
2.......................................              75            0.20
3.......................................              50            0.29
4.......................................              25            0.30
5.......................................              10            0.07
6.......................................               0            0.05
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505. Control engine
  speed for Mode 6 as described in Sec.   1054.505(c) for idle
  operation.
\b\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

    (2) The following duty cycle applies for engines that are not
designed to idle:

 Table 3 to Appendix B--Duty Cycle for Nonhandheld Engines Without Idle
------------------------------------------------------------------------
                                              Torque         Weighting
               Mode No.\a\                 (percent) \b\      factors
------------------------------------------------------------------------
1.......................................             100            0.09
2.......................................              75            0.21
3.......................................              50            0.31
4.......................................              25            0.32
5.......................................              10            0.07
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505.
\b\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE
NONROAD AND STATIONARY EQUIPMENT

0
202. The authority citation for part 1060 continues to read as follows:

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

0
203. Amend Sec.  1060.101 by revising paragraph (e)(1) to read as
follows:

Sec.  1060.101  What evaporative emission requirements apply under this
part?

* * * * *
    (e) * * *
    (1) Adjustable parameters. Components or equipment with adjustable
parameters must meet all the requirements of this part for any
adjustment in the practically adjustable range. See 40 CFR 1068.50.
* * * * *

0
204. Amend Sec.  1060.515 by revising paragraphs (c) and (d) to read as
follows:

Sec.  1060.515  How do I test EPA Nonroad Fuel Lines and EPA Cold-
Weather Fuel Lines for permeation emissions?

* * * * *
    (c) Except as specified in paragraph (d) of this section, measure
fuel line permeation emissions using the equipment and procedures for
weight-loss testing specified in SAE J30 or SAE J1527 (incorporated by
reference in Sec.  1060.810). Start the measurement procedure within 8
hours after draining and refilling the fuel line. Perform the emission
test over a sampling period of 14 days. You may omit up to two daily
measurements in any seven-day period. Determine your final emission
result based on the average of measured values over the 14-day period.
Maintain an ambient temperature of (232) [deg]C throughout
the sampling period, except for intervals up to 30 minutes for daily
weight measurements.
    (d) For fuel lines with a nominal inner diameter below 5.0 mm, you
may alternatively measure fuel line permeation emissions using the
equipment and procedures for weight-loss testing specified in SAE J2996
(incorporated by reference in Sec.  1060.810). Determine your final
emission result based on the average of measured values over the 14-day
sampling period. Maintain an ambient temperature of (232)
[deg]C throughout the sampling period, except for intervals up to 30
minutes for daily weight measurements.
* * * * *

0
205. Amend Sec.  1060.520 by revising paragraph (b)(1) to read as
follows:

Sec.  1060.520  How do I test fuel tanks for permeation emissions?

* * * * *
    (b) * * *
    (1) Fill the fuel tank to its nominal capacity with the fuel
specified in paragraph (e) of this section, seal it, and allow it to
soak at (285) [deg]C for at least 20 weeks. Alternatively,
the fuel tank may be soaked for at least 10 weeks at (435)
[deg]C. You may count the time of the preconditioning steps in
paragraph (a) of this section as part of the preconditioning fuel soak
as long as the ambient temperature remains within the specified
temperature range and the fuel tank continues to be at least 40 percent
full throughout the test; you may add or replace fuel as needed to
conduct the specified durability procedures. Void the test if you
determine that the fuel tank has any kind of leak.
* * * * *

0
206. Amend Sec.  1060.801 by revising the definition of ``Adjustable
parameter'' to read as follows:

Sec.  1060.801  What definitions apply to this part?

* * * * *
    Adjustable parameter has the meaning given in 40 CFR 1068.50.
* * * * *

PART 1065--ENGINE-TESTING PROCEDURES

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

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

0
208. Amend Sec.  1065.1 by revising paragraphs (a)(1) through (5) and
(8) and adding paragraph (i) to read as follows:

Sec.  1065.1  Applicability.

    (a) * * *
    (1) Locomotives we regulate under 40 CFR part 1033.
    (2) Heavy-duty highway engines we regulate under 40 CFR parts 86
and 1036.
    (3) Nonroad compression-ignition engines we regulate under 40 CFR
part 1039 and stationary diesel engines that are certified to the
standards in 40 CFR part 1039 as specified in 40 CFR part 60, subpart
IIII.
    (4) Marine compression-ignition engines we regulate under 40 CFR
part 1042.
    (5) Marine spark-ignition engines we regulate under 40 CFR part
1045.
* * * * *
    (8) Small nonroad spark-ignition engines we regulate under 40 CFR
part 1054 and stationary engines that are certified to the standards in
40 CFR part 1054 as specified in 40 CFR part 60, subpart JJJJ.
* * * * *
    (i) The following additional procedures apply as described in
subpart L of this part:
    (1) Measuring brake-specific emissions of semi-volatile organic
compounds, which are not subject to separate emission standards.
    (2) Identifying the threshold temperature for vanadium sublimation
for SCR catalysts.
    (3) Measuring the smoke opacity of engine exhaust.
    (4) Aging aftertreatment devices in support of determining
deterioration factors for certified compression-ignition engines.

0
209. Amend Sec.  1065.5 by revising paragraphs (a) introductory text
and (c) to read as follows:

Sec.  1065.5  Overview of this part 1065 and its relationship to the
standard-setting part.

    (a) This part specifies procedures that apply generally to
measuring brake-specific emissions from various

categories of engines. See subpart L of this part for measurement
procedures for testing related to standards other than brake-specific
emission standards. See the standard-setting part for directions in
applying specific provisions in this part for a particular type of
engine. Before using this part's procedures, read the standard-setting
part to answer at least the following questions:
* * * * *
    (c) The following table shows how this part divides testing
specifications into subparts:

       Table 1 of Sec.   1065.5--Description of Part 1065 Subparts
------------------------------------------------------------------------
                                   Describes these specifications or
         This subpart                          procedures
------------------------------------------------------------------------
Subpart A....................  Applicability and general provisions.
Subpart B....................  Equipment for testing.
Subpart C....................  Measurement instruments for testing.
Subpart D....................  Calibration and performance verifications
                                for measurement systems.
Subpart E....................  How to prepare engines for testing,
                                including service accumulation.
Subpart F....................  How to run an emission test over a
                                predetermined duty cycle.
Subpart G....................  Test procedure calculations.
Subpart H....................  Fuels, engine fluids, analytical gases,
                                and other calibration standards.
Subpart I....................  Special procedures related to oxygenated
                                fuels.
Subpart J....................  How to test with portable emission
                                measurement systems (PEMS).
Subpart L....................  How to test for unregulated and special
                                pollutants and to perform additional
                                measurements related to certification.
------------------------------------------------------------------------

0
210. Amend Sec.  1065.10 by revising paragraph (c)(7)(ii) to read as
follows:

Sec.  1065.10  Other procedures.

* * * * *
    (c) * * *
    (7) * * *
    (ii) Submission. Submit requests in writing to the EPA Program
Officer.
* * * * *

0
211. Amend Sec.  1065.12 by revising paragraph (a) to read as follows:

Sec.  1065.12  Approval of alternate procedures.

    (a) To get approval for an alternate procedure under Sec.
1065.10(c), send the EPA Program Officer an initial written request
describing the alternate procedure and why you believe it is equivalent
to the specified procedure. Anyone may request alternate procedure
approval. This means that an individual engine manufacturer may request
to use an alternate procedure. This also means that an instrument
manufacturer may request to have an instrument, equipment, or procedure
approved as an alternate procedure to those specified in this part. We
may approve your request based on this information alone, whether or
not it includes all the information specified in this section. Where we
determine that your original submission does not include enough
information for us to determine that the alternate procedure is
equivalent to the specified procedure, we may ask you to submit
supplemental information showing that your alternate procedure is
consistently and reliably at least as accurate and repeatable as the
specified procedure.
* * * * *

0
212. Amend Sec.  1065.140 by revising paragraph (b)(2) introductory
text, (c)(2), (c)(6) introductory text, and (e)(4) to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

* * * * *
    (b) * * *
    (2) Measure these background concentrations the same way you
measure diluted exhaust constituents, or measure them in a way that
does not affect your ability to demonstrate compliance with the
applicable standards in this chapter. For example, you may use the
following simplifications for background sampling:
* * * * *
    (c) * * *
    (2) Pressure control. Maintain static pressure at the location
where raw exhaust is introduced into the tunnel within 1.2
kPa of atmospheric pressure. You may use a booster blower to control
this pressure. If you test using more careful pressure control and you
show by engineering analysis or by test data that you require this
level of control to demonstrate compliance at the applicable standards
in this chapter, we will maintain the same level of static pressure
control when we test.
* * * * *
    (6) Aqueous condensation. You must address aqueous condensation in
the CVS as described in this paragraph (c)(6). You may meet these
requirements by preventing or limiting aqueous condensation in the CVS
from the exhaust inlet to the last emission sample probe. See paragraph
(c)(6)(2)(B) of this section for provisions related to the CVS between
the last emission sample probe and the CVS flow meter. You may heat
and/or insulate the dilution tunnel walls, as well as the bulk stream
tubing downstream of the tunnel to prevent or limit aqueous
condensation. Where we allow aqueous condensation to occur, use good
engineering judgment to ensure that the condensation does not affect
your ability to demonstrate that your engines comply with the
applicable standards in this chapter (see Sec.  1065.10(a)).
* * * * *
    (e) * * *
    (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). You may instead measure sample
temperature up to 30 cm upstream of the filter or other PM storage
media if it is housed within a chamber with temperature controlled to
stay within the specified temperature range. Measure sample 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.

0
213. Amend Sec.  1065.145 by revising paragraph (b)(2) to read as
follows:

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

* * * * *
    (b) * * *
    (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 intake 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 intake 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.
* * * * *

0
214. Amend Sec.  1065.170 by revising paragraphs (a)(1) and (c)(1)(ii)
and (iii) to read as follows:

Sec.  1065.170  Batch sampling for gaseous and PM constituents.

* * * * *
    (a) * * *
    (1) Verify proportional sampling after an emission test as
described in Sec.  1065.545. You must exclude from the proportional
sampling verification any portion of the test where you are not
sampling emissions because the engine is turned off and the batch
samplers are not sampling, accounting for exhaust transport delay in
the sampling system. Use good engineering judgment to select storage
media that will not significantly change measured emission levels
(either up or down). For example, do not use sample bags for storing
emissions if the bags are permeable with respect to emissions or if
they off gas emissions to the extent that it affects your ability to
demonstrate compliance with the applicable gaseous emission standards
in this chapter. As another example, do not use PM filters that
irreversibly absorb or adsorb gases to the extent that it affects your
ability to demonstrate compliance with the applicable PM emission
standards in this chapter.
* * * * *
    (c) * * *
    (1) * * *
    (ii) The filter must be circular, with an overall diameter of
(46.50 0.60) mm and an exposed diameter of at least 38 mm.
See the cassette specifications in paragraph (c)(1)(vii) of this
section.
    (iii) We highly recommend that you use a pure PTFE filter material
that does not have any flow-through support bonded to the back and has
an overall thickness of (40 20) [micro]m. An inert polymer
ring may be bonded to the periphery of the filter material for support
and for sealing between the filter cassette parts. We consider
Polymethylpentene (PMP) and PTFE inert materials for a support ring,
but other inert materials may be used. See the cassette specifications
in paragraph (c)(1)(vii) of this section. We allow the use of PTFE-
coated glass fiber filter material, as long as this filter media
selection does not affect your ability to demonstrate compliance with
the applicable standards in this chapter, which we base on a pure PTFE
filter material. Note that we will use pure PTFE filter material for
compliance testing, and we may require you to use pure PTFE filter
material for any compliance testing we require, such as for selective
enforcement audits.
* * * * *

Sec.  1065.190  [Amended]

0
215. Amend Sec.  1065.190 by removing paragraphs (g)(5) and (6).

0
216. Amend Sec.  1065.210 by revising paragraph (a) to read as follows:

Sec.  1065.210  Work input and output sensors.

    (a) Application. Use instruments as specified in this section to
measure work inputs and outputs during engine operation. We recommend
that you use sensors, transducers, and meters that meet the
specifications in Table 1 of Sec.  1065.205. Note that your overall
systems for measuring work inputs and outputs must meet the linearity
verifications in Sec.  1065.307. We recommend that you measure work
inputs and outputs where they cross the system boundary as shown in
Figure 1 of this section. The system boundary is different for air-
cooled engines than for liquid-cooled engines. If you choose to measure
work before or after a work conversion, relative to the system
boundary, use good engineering judgment to estimate any work-conversion
losses in a way that avoids overestimation of total work. For example,
if it is impractical to instrument the shaft of an exhaust turbine
generating electrical work, you may decide to measure its converted
electrical work. As another example, you may decide to measure the
tractive (i.e., electrical output) power of a locomotive, rather than
the brake power of the locomotive engine. In these cases, divide the
electrical work by accurate values of electrical generator efficiency
([eta] <1), or assume an efficiency of 1 ([eta] =1), which would over-
estimate brake-specific emissions. For the example of using locomotive
tractive power with a generator efficiency of 1 ([eta] =1), this means
using the tractive power as the brake power in emission calculations.
Do not underestimate any work conversion efficiencies for any
components outside the system boundary that do not return work into the
system boundary. And do not overestimate any work conversion
efficiencies for components outside the system boundary that do return
work into the system boundary. In all cases, ensure that you are able
to accurately demonstrate compliance with the applicable standards in
this chapter. Figure 1 follows:

Figure 1 to Paragraph (a) of Sec.  1065.210: Work Inputs, Outputs, and
System Boundaries

[GRAPHIC] [TIFF OMITTED] TR24JA23.103

* * * * *

0
217. Amend Sec.  1065.260 by revising paragraph (a) to read as follows:

Sec.  1065.260  Flame-ionization detector.

    (a) Application. Use a flame-ionization detector (FID) analyzer to
measure hydrocarbon concentrations in raw or diluted exhaust for either
batch or continuous sampling. Determine hydrocarbon concentrations on a
carbon number basis of one, C1. For measuring THC or THCE
you must use a FID analyzer. For measuring CH4 you must meet
the requirements of paragraph (g) of this section. See subpart I of
this part

for special provisions that apply to measuring hydrocarbons when
testing with oxygenated fuels.
* * * * *

0
218. Add Sec.  1065.274 under undesignated center heading
``NOX and N2O Measurements'' to read as follows:

Sec.  1065.274  Zirconium dioxide (ZrO2) NOX analyzer.

    (a) Application. You may use a zirconia oxide (ZrO2)
analyzer to measure NOX in raw exhaust for field-testing
engines.
    (b) Component requirements. We recommend that you use a
ZrO2 analyzer that meets the specifications in Table 1 of
Sec.  1065.205. Note that your ZrO2-based system must meet
the linearity verification in Sec.  1065.307.
    (c) Species measured. The ZrO2-based system must be able
to measure and report NO and NO2 together as NOX.
If the ZrO2-based system cannot measure all of the
NO2, you may develop and apply correction factors based on
good engineering judgment to account for this deficiency.
    (d) Interference. You must account for NH3 interference
with the NOX measurement.

0
219. Amend Sec.  1065.284 by revising the section heading to read as
follows:

Sec.  1065.284  Zirconium dioxide (ZrO2) air-fuel ratio and O2
analyzer.

* * * * *

0
220. Add Sec.  1065.298 to read as follows:

Sec.  1065.298  Correcting real-time PM measurement based on
gravimetric PM filter measurement for field-testing analysis.

    (a) Application. You may quantify net PM on a sample medium for
field testing with a continuous PM measurement with correction based on
gravimetric PM filter measurement.
    (b) Measurement principles. Photoacoustic or electrical aerosol
instruments used in field-testing typically under-report PM emissions.
Apply the verifications and corrections described in this section to
meet accuracy requirements.
    (c) Component requirements. (1) Gravimetric PM measurement must
meet the laboratory measurement requirements of this part 1065, noting
that there are specific exceptions to some laboratory requirements and
specification for field testing given in Sec.  1065.905(d)(2). In
addition to those exceptions, field testing does not require you to
verify proportional flow control as specified in Sec.  1065.545. Note
also that the linearity requirements of Sec.  1065.307 apply only as
specified in this section.
    (2) Check the calibration and linearity of the photoacoustic and
electrical aerosol instruments according to the instrument
manufacturer's instructions and the following recommendations:
    (i) For photoacoustic instruments we recommend one of the
following:
    (A) Use a reference elemental carbon-based PM source to calibrate
the instrument Verify the photoacoustic instrument by comparing results
either to a gravimetric PM measurement collected on the filter or to an
elemental carbon analysis of collected PM.
    (B) Use a light absorber that has a known amount of laser light
absorption to periodically verify the instrument's calibration factor.
Place the light absorber in the path of the laser beam. This
verification checks the integrity of the microphone sensitivity, the
power of the laser diode, and the performance of the analog-to-digital
converter.
    (C) Verify that you meet the linearity requirements in Table 1 of
Sec.  1065.307 by generating a maximum reference PM mass concentration
(verified gravimetrically) and then using partial-flow sampling to
dilute to various evenly distributed concentrations.
    (ii) For electrical aerosol instruments we recommend one of the
following:
    (A) Use reference monodisperse or polydisperse PM-like particles
with a mobility diameter or count median diameter greater than 45 nm.
Use an electrometer or condensation particle counter that has a
d50 at or below 10 nm to verify the reference values.
    (B) Verify that you meet the linearity requirements in Table 1 of
Sec.  1065.307 using a maximum reference particle concentration, a
zero-reference concentration, and at least two other evenly distributed
points. Use partial-flow dilution to create the additional reference PM
concentrations. The difference between measured values from the
electrical aerosol and reference instruments at each point must be no
greater than 15% of the mean value from the two measurements at that
point.
    (d) Loss correction. You may use PM loss corrections to account for
PM loss in the sample handling system.
    (e) Correction. Develop a multiplicative correction factor to
ensure that total PM measured by photoacoustic or electrical aerosol
instruments equate to the gravimetric filter-based total PM
measurement. Calculate the correction factor by dividing the mass of PM
captured on the gravimetric filter by the quantity represented by the
total concentration of PM measured by the instrument multiplied by the
time over the test interval multiplied by the gravimetric filter sample
flow rate.

0
221. Amend Sec.  1065.301 by revising paragraph (d) to read as follows:

Sec.  1065.301  Overview and general provisions.

* * * * *
    (d) Use NIST-traceable standards to the tolerances we specify for
calibrations and verifications. Where we specify the need to use NIST-
traceable standards, you may alternatively use international standards
recognized by the CIPM Mutual Recognition Arrangement that are not
NIST-traceable.

0
222. Amend Sec.  1065.305 by revising paragraph (d)(10)(ii) to read as
follows:

Sec.  1065.305  Verifications for accuracy, repeatability, and noise.

* * * * *
    (d) * * *
    (10) * * *
    (ii) The measurement deficiency does not adversely affect your
ability to demonstrate compliance with the applicable standards in this
chapter.

0
223. Amend Sec.  1065.307 by revising paragraphs (b), (d) introductory
text, and (f) to read as follows:

Sec.  1065.307  Linearity verification.

* * * * *
    (b) Performance requirements. If a measurement system does not meet
the applicable linearity criteria referenced in Table 1 of this
section, correct the deficiency by re-calibrating, servicing, or
replacing components as needed. Repeat the linearity verification after
correcting the deficiency to ensure that the measurement system meets
the linearity criteria. Before you may use a measurement system that
does not meet linearity criteria, you must demonstrate to us that the
deficiency does not adversely affect your ability to demonstrate
compliance with the applicable standards in this chapter.
* * * * *
    (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
elsewhere

in this part 1065. Use the following recommended methods to generate
reference values or use good engineering judgment to select a different
reference:
* * * * *
    (f) Performance criteria for measurement systems. Table 1 follows:

                                   Table 1 of Sec.   1065.307--Measurement Systems That Require Linearity Verification
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Linearity criteria
        Measurement system                   Quantity          -----------------------------------------------------------------------------------------
                                                                   [verbar]xmin(a1-1)+a0[verbar]          a1                 SEE               r \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Speed.............................  fn........................  <=0.05% [middot]fnmax.............       0.98-1.02  <=2% [middot]fnmax..         >=0.990
Torque............................  T.........................  <=1% [middot] Tmax................       0.98-1.02  <=2% [middot] Tmax..         >=0.990
Electrical power..................  P.........................  <=1% [middot] Pmax................       0.98-1.02  <=2% [middot] Pmax..         >=0.990
Current...........................  I.........................  <=1% [middot] Imax................       0.98-1.02  <=2% [middot] Imax..         >=0.990
Voltage...........................  U.........................  <=1% [middot] Umax................       0.98-1.02  <=2% [middot] Umax..         >=0.990
Fuel flow rate....................  m.........................  <=1% [middot] mmax................       0.98-1.02  <=2% [middot] mmax..         >=0.990
Fuel mass scale...................  m.........................  <=0.3% [middot] mmax..............     0.996-1.004  <=0.4% [middot] mmax         >=0.999
DEF flow rate.....................  m.........................  <=1% [middot] mmax................       0.98-1.02  <=2% [middot] mmax..         >=0.990
DEF mass scale....................  m.........................  <=0.3% [middot] mmax..............     0.996-1.004  <=0.4% [middot] mmax         >=0.999
Intake-air flow rate \a\..........  n.........................  <=1% [middot] nmax................       0.98-1.02  <=2% [middot] nmax..         >=0.990
Dilution air flow rate \a\........  n.........................  <=1% [middot] nmax................       0.98-1.02  <=2% [middot] nmax..         >=0.990
Diluted exhaust flow rate \a\.....  n.........................  <=1% [middot] nmax................       0.98-1.02  <=2% [middot] nmax..         >=0.990
Raw exhaust flow rate \a\.........  n.........................  <=1% [middot] nmax................       0.98-1.02  <=2% [middot]nmax...         >=0.990
Batch sampler flow rates \a\......  n.........................  <=1% [middot] nmax................       0.98-1.02  <=2% [middot]nmax...         >=0.990
Gas dividers......................  x/xspan...................  <=0.5% [middot] xmax/xspan........       0.98-1.02  <=2% [middot] xmax/          >=0.990
                                                                                xspan.
Gas analyzers for laboratory        x.........................  <=0.5% [middot] xmax..............       0.99-1.01  <=1% [middot] xmax..         >=0.998
 testing.
Gas analyzers for field testing...  x.........................  <=1% [middot] xmax................       0.99-1.01  <=1% [middot] xmax..         >=0.998
Electrical aerosol analyzer for     x.........................  <=5% [middot] xmax................       0.85-1.15  <=10% [middot] xmax.         >=0.950
 field testing.
Photoacoustic analyzer for field    x.........................  <=5% [middot] xmax................       0.90-1.10  <=10% [middot] xmax.         >=0.980
 testing.
PM balance........................  m.........................  <=1% [middot] mmax................       0.99-1.01  <=1% [middot] mmax..         >=0.998
Pressures.........................  p.........................  <=1% [middot] pmax................       0.99-1.01  <=1% [middot] pmax..         >=0.998
Dewpoint for intake air, PM-        Tdew......................  <=0.5% [middot] Tdewmax...........       0.99-1.01  <=0.5%                       >=0.998
 stabilization and balance                                                                                [middot]Tdewmax.
 environments.
Other dewpoint measurements.......  Tdew......................  <=1% [middot] Tdewmax.............       0.99-1.01  <=1% [middot]                >=0.998
                                                                                Tdewmax.
Analog-to-digital conversion of     T.........................  <=1% [middot] Tmax................       0.99-1.01  <=1% [middot] Tmax..         >=0.998
 temperature signals.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ For flow meters that determine volumetric flow rate, Vstd, you may substitute Vstd for n as the quantity and substitute Vstdmax for nmax.

* * * * *

0
224. Amend Sec.  1065.308 by revising paragraph (e)(3) to read as
follows:

Sec.  1065.308  Continuous gas analyzer system-response and updating-
recording verification--for gas analyzers not continuously compensated
for other gas species.

* * * * *
    (e) * * *
    (3) If a measurement system fails the criteria in paragraphs (e)(1)
and (2) of this section, you may use the measurement system only if the
deficiency does not adversely affect your ability to show compliance
with the applicable standards in this chapter.
* * * * *

0
225. Amend Sec.  1065.309 by revising paragraph (e)(3) 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.

* * * * *
    (e) * * *
    (3) If a measurement system fails the criteria in paragraphs (e)(1)
and (2) of this section, you may use the measurement system only if the
deficiency does not adversely affect your ability to show compliance
with the applicable standards in this chapter.
* * * * *

0
226. Amend Sec.  1065.315 by revising paragraphs (a)(1) through (3) and
(b) to read as follows:

Sec.  1065.315  Pressure, temperature, and dewpoint calibration.

    (a) * * *
    (1) Pressure. We recommend temperature-compensated, digital-
pneumatic, or deadweight pressure calibrators, with data-logging
capabilities to minimize transcription errors. We recommend using
calibration reference quantities that are NIST-traceable within 0.5% uncertainty.
    (2) Temperature. We recommend digital dry-block or stirred-liquid
temperature calibrators, with data logging capabilities to minimize
transcription errors. We recommend using calibration reference
quantities that are NIST-traceable within 0.5% uncertainty.
You may perform linearity verification for temperature measurement
systems with thermocouples, RTDs, and thermistors by removing the
sensor from the system and using a simulator in its place. Use a NIST-
traceable simulator that is independently calibrated and, as
appropriate, cold-junction compensated. The simulator uncertainty
scaled to absolute temperature must be less than 0.5% of
Tmax. If you use this option, you must use sensors that the
supplier states are accurate to better than 0.5% of Tmax
compared with their standard calibration curve.
    (3) Dewpoint. We recommend a minimum of three different
temperature-equilibrated and temperature-monitored calibration salt
solutions in containers that seal completely around the dewpoint
sensor. We recommend using calibration reference quantities that are
NIST-traceable within 0.5% uncertainty.
    (b) You may remove system components for off-site calibration. We
recommend specifying calibration reference quantities that are NIST-
traceable within 0.5% uncertainty.

0
227. Amend Sec.  1065.320 by revising paragraph (c) to read as follows:

Sec.  1065.320  Fuel-flow calibration.

* * * * *
    (c) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that

you consider the effects of the tubing configuration upstream and
downstream of the flow meter. We recommend specifying calibration
reference quantities that are NIST-traceable within 0.5%
uncertainty.

0
228. Amend Sec.  1065.325 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1065.325  Intake-flow calibration.

    (a) Calibrate intake-air flow meters upon initial installation.
Follow the instrument manufacturer's instructions and use good
engineering judgment to repeat the calibration. We recommend using a
calibration subsonic venturi, ultrasonic flow meter or laminar flow
element. We recommend using calibration reference quantities that are
NIST-traceable within 0.5% uncertainty.
    (b) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of the tubing configuration upstream and
downstream of the flow meter. We recommend specifying calibration
reference quantities that are NIST-traceable within 0.5%
uncertainty.
* * * * *

0
229. Amend Sec.  1065.330 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1065.330  Exhaust-flow calibration.

    (a) Calibrate exhaust-flow meters upon initial installation. Follow
the instrument manufacturer's instructions and use good engineering
judgment to repeat the calibration. We recommend that you use a
calibration subsonic venturi or ultrasonic flow meter and simulate
exhaust temperatures by incorporating a heat exchanger between the
calibration meter and the exhaust-flow meter. If you can demonstrate
that the flow meter to be calibrated is insensitive to exhaust
temperatures, you may use other reference meters such as laminar flow
elements, which are not commonly designed to withstand typical raw
exhaust temperatures. We recommend using calibration reference
quantities that are NIST-traceable within 0.5% uncertainty.
    (b) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of the tubing configuration upstream and
downstream of the flow meter. We recommend specifying calibration
reference quantities that are NIST-traceable within 0.5%
uncertainty.
* * * * *

0
230. Amend Sec.  1065.341 by revising paragraph (e)(3) to read as
follows:

Sec.  1065.341  CVS and PFD flow verification (propane check).

* * * * *
    (e) * * *
    (3) Calculate total C3H8 mass based on your
CVS and HC data as described in Sec.  1065.650 (40 CFR 1066.605 for
vehicle testing) and Sec.  1065.660, using the molar mass of
C3H8, MC3H8, instead of the effective
molar mass of HC, MHC.
* * * * *

0
231. Amend Sec.  1065.345 by revising paragraph (d) to read as follows:

Sec.  1065.345  Vacuum-side leak verification.

* * * * *
    (d) Dilution-of-span-gas leak test. You may use any gas analyzer
for this test. If you use a FID for this test, correct for any HC
contamination in the sampling system according to Sec.  1065.660. If
you use an O2 analyzer described in Sec.  1065.280 for this
test, you may use purified N2 to detect a leak. To avoid
misleading results from this test, we recommend using only analyzers
that have a repeatability of 0.5% or better at the reference gas
concentration used for this test. Perform a vacuum-side leak test as
follows:
    (1) Prepare a gas analyzer as you would for emission testing.
    (2) Supply reference gas to the analyzer span port and record the
measured value.
    (3) Route overflow reference gas to the inlet of the sample probe
or at a tee fitting in the transfer line near the exit of the probe.
You may use a valve upstream of the overflow fitting to prevent
overflow of reference gas out of the inlet of the probe, but you must
then provide an overflow vent in the overflow supply line.
    (4) Verify that the measured overflow reference gas concentration
is within 0.5% of the concentration measured in paragraph
(d)(2) of this section. A measured value lower than expected indicates
a leak, but a value higher than expected may indicate a problem with
the reference gas or the analyzer itself. A measured value higher than
expected does not indicate a leak.
* * * * *

0
232. Amend Sec.  1065.350 by revising paragraph (e)(1) to read as
follows:

Sec.  1065.350  H2O interference verification for CO2 NDIR analyzers.

* * * * *
    (e) * * *
    (1) You may omit this verification if you can show by engineering
analysis that for your CO2 sampling system and your
emission-calculation procedures, the H2O interference for
your CO2 NDIR analyzer always affects your brake-specific
emission results within 0.5% of each of the applicable
standards in this chapter. This specification also applies for vehicle
testing, except that it relates to emission results in g/mile or g/
kilometer.
* * * * *

0
233. Amend Sec.  1065.405 by revising paragraph (a) to read as follows:

Sec.  1065.405  Test engine preparation and maintenance.

* * * * *
    (a) If you are testing an emission-data engine for certification,
make sure it is built to represent production engines, consistent with
paragraph (f) of this section.
    (1) This includes governors that you normally install on production
engines. Production engines should also be tested with their installed
governors. If your engine is equipped with multiple user-selectable
governor types and if the governor does not manipulate the emission
control system (i.e., the governor only modulates an ``operator
demand'' signal such as commanded fuel rate, torque, or power), choose
the governor type that allows the test cell to most accurately follow
the duty cycle. If the governor manipulates the emission control
system, treat it as an adjustable parameter. If you do not install
governors on production engines, simulate a governor that is
representative of a governor that others will install on your
production engines.
    (2) In certain circumstances, you may incorporate test cell
components to simulate an in-use configuration, consistent with good
engineering judgment. For example, Sec. Sec.  1065.122 and 1065.125
allow the use of test cell components to represent engine cooling and
intake air systems.
    (3) The provisions in Sec.  1065.110(e) also apply to emission-data
engines for certification.
    (4) For engines using SCR, use any size DEF tank and fuel tank. We
may require you to give us a production-type DEF tank, including any
associated sensors, for our testing.
* * * * *

0
234. Amend Sec.  1065.410 by revising paragraph (c) to read as follows:

Sec.  1065.410  Maintenance limits for stabilized test engines.

* * * * *
    (c) If you inspect an engine, keep a record of the inspection and
update your application for certification to document any changes that
result. You may use any kind of equipment,

instrument, or tool that is available at dealerships and other service
outlets to identify malfunctioning components or perform maintenance.
You may inspect using electronic tools or internal engine systems to
monitor engine performance, but only if the information is readable
without specialized equipment.
* * * * *

0
235. Amend Sec.  1065.501 by revising paragraph (a) introductory text
to read as follows:

Sec.  1065.501  Overview.

    (a) Use the procedures detailed in this subpart to measure engine
emissions over a specified duty cycle. Refer to subpart J of this part
for field test procedures that describe how to measure emissions during
in-use engine operation. Refer to subpart L of this part for
measurement procedures for testing related to standards other than
brake-specific emission standards. This section describes how to--
* * * * *

0
236. Amend Sec.  1065.510 by revising paragraphs (a) introductory text,
(b) introductory text, (b)(4) through (6), (c)(2), (d) introductory
text, (d)(4), (d)(5)(iii), and (g)(2) to read as follows:

Sec.  1065.510  Engine mapping.

    (a) Applicability, scope, and frequency. An engine map is a data
set that consists of a series of paired data points that represent the
maximum brake torque versus engine speed, measured at the engine's
primary output shaft. Map your engine if the standard-setting part
requires engine mapping to generate a duty cycle for your engine
configuration. Map your engine while it is connected to a dynamometer
or other device that can absorb work output from the engine's primary
output shaft according to Sec.  1065.110. Configure any auxiliary work
inputs and outputs such as hybrid, turbo-compounding, or thermoelectric
systems to represent their in-use configurations, and use the same
configuration for emission testing. See Figure 1 of Sec.  1065.210.
This may involve configuring initial states of charge and rates and
times of auxiliary-work inputs and outputs. We recommend that you
contact the EPA Program Officer before testing to determine how you
should configure any auxiliary-work inputs and outputs. If your engine
has an auxiliary emission control device to reduce torque output that
may activate during engine mapping, turn it off before mapping. Use the
most recent engine map to transform a normalized duty cycle from the
standard-setting part to a reference duty cycle specific to your
engine. Normalized duty cycles are specified in the standard-setting
part. You may update an engine map at any time by repeating the engine-
mapping procedure. You must map or re-map an engine before a test if
any of the following apply:
* * * * *
    (b) Mapping variable-speed engines. Map variable-speed engines
using the procedure in this paragraph (b). Note that under Sec.
1065.10(c) we may allow or require you to use ``other procedures'' if
the specified procedure results in unrepresentative testing or if your
engine cannot be tested using the specified procedure. If the engine
has a user-adjustable idle speed setpoint, you may set it to its
minimum adjustable value for this mapping procedure and the resulting
map may be used for any test, regardless of where it is set for running
each test.
* * * * *
    (4) Operate the engine at the minimum mapped speed. A minimum
mapped speed equal to (95 1)% of its warm idle speed
determined in paragraph (b)(3) of this section may be used for any
engine or test. A higher minimum mapped speed may be used if all the
duty cycles that the engine is subject to have a minimum reference
speed higher than the warm idle speed determined in paragraph (b)(3) of
this section. In this case you may use a minimum mapped speed equal to
(95 1)% of the lowest minimum reference speed in all the
duty cycles the engine is subject to. Set operator demand to maximum
and control engine speed at this minimum mapped speed for at least 15
seconds. Set operator demand to maximum and control engine speed at (95
1)% of its warm idle speed determined in paragraph
(b)(3)(i) of this section for at least 15 seconds.
    (5) Perform a continuous or discrete engine map as described in
paragraphs (b)(5)(i) or (ii) of this section. A continuous engine map
may be used for any engine. A discrete engine map may be used for
engines subject only to steady-state duty cycles. Use linear
interpolation between the series of points generated by either of these
maps to determine intermediate torque values. Use the series of points
generated by either of these maps to generate the power map as
described in paragraph (e) of this section.
    (i) For continuous engine mapping, begin recording mean feedback
speed and torque at 1 Hz or more frequently and increase speed at a
constant rate such that it takes (4 to 6) min to sweep from the minimum
mapped speed described in paragraphs (b)(4) of this section to the
check point speed described in paragraph (b)(5)(iii) of this section.
Use good engineering judgment to determine when to stop recording data
to ensure that the sweep is complete. In most cases, this means that
you can stop the sweep at any point after the power falls to 50% of the
maximum value.
    (ii) For discrete engine mapping, select at least 20 evenly spaced
setpoints from the minimum mapped speed described in paragraph (b)(4)
of this section to the check point speed described in paragraph
(b)(5)(iii) of this section. At each setpoint, stabilize speed and
allow torque to stabilize. 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. Record the mean speed
and torque at each setpoint.
    (iii) The check point speed of the map is the highest speed above
maximum power at which 50% of maximum power occurs. If this speed is
unsafe or unachievable (e.g., for ungoverned engines or engines that do
not operate at that point), use good engineering judgment to map up to
the maximum safe speed or maximum achievable speed. For discrete
mapping, if the engine cannot be mapped to the check point speed, make
sure the map includes at least 20 points from 95% of warm idle to the
maximum mapped speed. For continuous mapping, if the engine cannot be
mapped to the check point speed, verify that the sweep time from 95% of
warm idle to the maximum mapped speed is (4 to 6) min.
    (iv) 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.
    (6) Determine warm high-idle speed for engines with a high-speed
governor. You may skip this if the engine is not subject to transient
testing with a duty cycle that includes reference speed values above
100%. You may use a manufacturer-declared warm high-idle speed if the
engine is electronically governed. For engines with a high-speed
governor that regulates speed by disabling and enabling fuel or
ignition at two manufacturer-specified speeds, declare the middle of
this specified speed range as the warm high-idle speed. You may
alternatively measure warm high-idle speed using the following
procedure:
    (i) Run an operating point targeting zero torque.
    (A) Set operator demand to maximum and use the dynamometer to
target zero

torque on the engine's primary output shaft.
    (B) Wait for the engine governor and dynamometer to stabilize. We
recommend that you stabilize for at least 15 seconds.
    (C) Record 1 Hz means of the feedback speed and torque for at least
30 seconds. You may record means at a higher frequency as long as there
are no gaps in the recorded data. For engines with a high-speed
governor that regulates speed by disabling and enabling fuel or
ignition, you may need to extend this stabilization period to include
at least one disabling event at the higher speed and one enabling event
at the lower speed.
    (D) Determine if the feedback speed is stable over the recording
period. The feedback speed is considered stable if all the recorded 1
Hz means are within 2% of the mean feedback speed over the
recording period. If the feedback speed is not stable because of the