3 of 40 CFR 1048.505 applies to high load engines only. Manufacturers
of any size may certify their stationary emergency engines at or above
130 hp using assigned deterioration factors established by EPA,
consistent with 40 CFR 1048.240. Stationary SI internal combustion
engine manufacturers who certify their stationary SI ICE with a maximum
engine power less than or equal to 30 KW (40 HP) with a total
displacement less than or equal to 1,000 cc to the certification
emission standards and other requirements for new nonroad SI

engines in 40 CFR part 1054, and manufacturers of emergency engines
that are greater than 25 HP and less than 130 HP who meet the Phase 1
standards in 40 CFR part 1054, appendix I, applicable to class II
engines, must certify their stationary SI ICE using the certification
and testing procedures required in 40 CFR part 1054, subparts C and F.
Manufacturers of equipment containing stationary SI internal combustion
engines meeting the provisions of 40 CFR part 1054 must meet the
provisions of 40 CFR part 1060, subpart C, to the extent they apply to
equipment manufacturers.
* * * * *
    (i) For engines being certified to the voluntary certification
standards in Table 1 of this subpart, the VOC measurement shall be made
by following the procedures in 40 CFR part 1065, subpart C, to
determine the total NMHC emissions. As an alternative, manufacturers
may measure ethane, as well as methane, for excluding such levels from
the total VOC measurement.

0
28. Revise Sec.  60.4242 to read as follows:

Sec.  60.4242  What other requirements must I meet if I am a
manufacturer of stationary SI internal combustion engines or equipment
containing stationary SI internal combustion engines or a manufacturer
of equipment containing such engines?

    (a) Stationary SI internal combustion engine manufacturers must
meet the provisions of 40 CFR parts 1048, 1054, and 1068, as
applicable, except that engines certified pursuant to the voluntary
certification procedures in Sec.  60.4241 are subject only to the
provisions indicated in Sec.  60.4247 and are permitted to provide
instructions to owners and operators allowing for deviations from
certified configurations, if such deviations are consistent with the
provisions of Sec.  60.4241(c) through (f). Manufacturers of equipment
containing stationary SI internal combustion engines meeting the
provisions of 40 CFR part 1054 must meet the provisions of 40 CFR part
1060, as applicable. Labels on engines certified to 40 CFR part 1048
must refer to stationary engines, rather than or in addition to nonroad
engines, as appropriate.
    (b) An engine manufacturer certifying an engine family or families
to standards under this subpart that are identical to standards
identified in 40 CFR part 1048 or 1054 for that model year may certify
any such family that contains both nonroad and stationary engines as a
single engine family and/or may include any such family containing
stationary engines in the averaging, banking and trading provisions
applicable for such engines under those parts. This paragraph (b) also
applies to equipment or component manufacturers certifying to standards
under 40 CFR part 1060.
    (c) Manufacturers of engine families certified to 40 CFR part 1048
may meet the labeling requirements referred to in paragraph (a) of this
section for stationary SI ICE by either adding a separate label
containing the information required in paragraph (a) of this section or
by adding the words ``and stationary'' after the word ``nonroad'' to
the label.
    (d) For all engines manufactured on or after January 1, 2011, and
for all engines with a maximum engine power greater than 25 HP and less
than 130 HP manufactured on or after July 1, 2008, a stationary SI
engine manufacturer that certifies an engine family solely to the
standards applicable to emergency engines must add a permanent label
stating that the engines in that family are for emergency use only. The
label must be added according to the labeling requirements specified in
40 CFR 1048.135(b).
    (e) All stationary SI engines subject to mandatory certification
that do not meet the requirements of this subpart must be labeled and
exported according to 40 CFR 1068.230. Manufacturers of stationary
engines with a maximum engine power greater than 25 HP that are not
certified to standards and other requirements under 40 CFR part 1048
are subject to the labeling provisions of 40 CFR 1048.20 pertaining to
excluded stationary engines.
    (f) For manufacturers of gaseous-fueled stationary engines required
to meet the warranty provisions in 40 CFR 1054.120, we may establish an
hour-based warranty period equal to at least the certified emissions
life of the engines (in engine operating hours) if we determine that
these engines are likely to operate for a number of hours greater than
the applicable useful life within 24 months. We will not approve an
alternate warranty under this paragraph (f) for nonroad engines. An
alternate warranty period approved under this paragraph (f) will be the
specified number of engine operating hours or two years, whichever
comes first. The engine manufacturer shall request this alternate
warranty period in its application for certification or in an earlier
submission. We may approve an alternate warranty period for an engine
family subject to the following conditions:
    (1) The engines must be equipped with non-resettable hour meters.
    (2) The engines must be designed to operate for a number of hours
substantially greater than the applicable certified emissions life.
    (3) The emission-related warranty for the engines may not be
shorter than any published warranty offered by the manufacturer without
charge for the engines. Similarly, the emission-related warranty for
any component shall not be shorter than any published warranty offered
by the manufacturer without charge for that component.

0
29. Amend Sec.  60.4243 by revising paragraph (f) to read as follows:

Sec.  60.4243  What are my compliance requirements if I am an owner or
operator of a stationary SI internal combustion engine?

* * * * *
    (f) If you are an owner or operator of a stationary SI internal
combustion engine that is less than or equal to 500 HP and you purchase
a non-certified engine or you do not operate and maintain your
certified stationary SI internal combustion engine and control device
according to the manufacturer's written emission-related instructions,
you are required to perform initial performance testing as indicated in
this section, but you are not required to conduct subsequent
performance testing unless the stationary engine undergoes rebuild,
major repair or maintenance. Engine rebuilding means to overhaul an
engine or to otherwise perform extensive service on the engine (or on a
portion of the engine or engine system). For the purpose of this
paragraph (f), perform extensive service means to disassemble the
engine (or portion of the engine or engine system), inspect and/or
replace many of the parts, and reassemble the engine (or portion of the
engine or engine system) in such a manner that significantly increases
the service life of the resultant engine.
* * * * *

0
30. Amend Sec.  60.4245 by revising paragraph (a)(3) to read as
follows:

Sec.  60.4245  What are my notification, reporting, and recordkeeping
requirements if I am an owner or operator of a stationary SI internal
combustion engine?

* * * * *
    (a) * * *
    (3) If the stationary SI internal combustion engine is a certified
engine, documentation from the manufacturer that the engine is
certified to meet the emission standards and information as required in
40 CFR parts 1048, 1054, and 1060, as applicable.
* * * * *

0
31. Amend Sec.  60.4247 by revising paragraph (a) to read as follows:

Sec.  60.4247  What parts of the mobile source provisions apply to me
if I am a manufacturer of stationary SI internal combustion engines or
a manufacturer of equipment containing such engines?

    (a) Manufacturers certifying to emission standards in 40 CFR part
1054 must meet the provisions of 40 CFR part 1054. Note that 40 CFR
part 1054, appendix I, describes various provisions that do not apply
for engines meeting Phase 1 standards in 40 CFR part 1054.
Manufacturers of equipment containing stationary SI internal combustion
engines meeting the provisions of 40 CFR part 1054 must meet the
provisions of 40 CFR part 1060 to the extent they apply to equipment
manufacturers.
* * * * *

0
32. Amend Sec.  60.4248 by revising the definition for ``Certified
emissions life'' and ``Certified stationary internal combustion
engine'' to read as follows:

Sec.  60.4248  What definitions apply to this subpart?

* * * * *
    Certified emissions life means the period during which the engine
is designed to properly function in terms of reliability and fuel
consumption, without being remanufactured, specified as a number of
hours of operation or calendar years, whichever comes first. The values
for certified emissions life for stationary SI ICE with a maximum
engine power less than or equal to 19 KW (25 HP) are given in 40 CFR
1054.107 and 1060.101, as appropriate. The values for certified
emissions life for stationary SI ICE with a maximum engine power
greater than 19 KW (25 HP) certified to 40 CFR part 1048 are given in
40 CFR 1048.101(g). The certified emissions life for stationary SI ICE
with a maximum engine power greater than 75 KW (100 HP) certified under
the voluntary manufacturer certification program of this subpart is
5,000 hours or 7 years, whichever comes first. You may request in your
application for certification that we approve a shorter certified
emissions life for an engine family. We may approve a shorter certified
emissions life, in hours of engine operation but not in years, if we
determine that these engines will rarely operate longer than the
shorter certified emissions life. If engines identical to those in the
engine family have already been produced and are in use, your
demonstration must include documentation from such in-use engines. In
other cases, your demonstration must include an engineering analysis of
information equivalent to such in-use data, such as data from research
engines or similar engine models that are already in production. Your
demonstration must also include any overhaul interval that you
recommend, any mechanical warranty that you offer for the engine or its
components, and any relevant customer design specifications. Your
demonstration may include any other relevant information. The certified
emissions life value may not be shorter than any of the following:
    (1) 1,000 hours of operation.
    (2) Your recommended overhaul interval.
    (3) Your mechanical warranty for the engine.
    Certified stationary internal combustion engine means an engine
that belongs to an engine family that has a certificate of conformity
that complies with the emission standards and requirements in this
part, or of 40 CFR part 1048 or 1054, as appropriate.
* * * * *

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

0
33. The authority citation for part 85 continues to read as follows:

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

Subpart O--[Removed and Reserved]

0
34. Remove and reserve subpart O, consisting of Sec. Sec.  85.1401
through 85.1415.

0
35. Amend Sec.  85.1501 by revising paragraph (a) to read as follows:

Sec.  85.1501  Applicability.

    (a) Except where otherwise indicated, this subpart is applicable to
motor vehicles offered for importation or imported into the United
States for which the Administrator has promulgated regulations under 40
CFR part 86, subpart D or S, prescribing emission standards, but which
are not covered by certificates of conformity issued under section
206(a) of the Clean Air Act (i.e., which are nonconforming vehicles as
defined in Sec.  85.1502), as amended, and part 86 at the time of
conditional importation. Compliance with regulations under this subpart
shall not relieve any person or entity from compliance with other
applicable provisions of the Clean Air Act. This subpart no longer
applies for heavy-duty engines certified under 40 CFR part 86, subpart
A; references in this subpart to ``engines'' therefore apply only for
replacement engines intended for installation in motor vehicles that
are subject to this subpart.
* * * * *

0
36. Amend Sec.  85.1511 by adding introductory text and paragraph
(b)(5) to read as follows:

Sec.  85.1511  Exemptions and exclusions.

    The exemption provisions of 40 CFR part 1068, subpart D, apply
instead of the provisions of this section for heavy-duty motor vehicles
and heavy-duty motor vehicle engines regulated under 40 CFR part 86,
subpart A, and 40 CFR parts 1036 and 1037. The following provisions
apply for other motor vehicles and motor vehicle engines:
* * * * *
    (b) * * *
    (5) Export exemption. Vehicles may qualify for a temporary
exemption under the provisions of 40 CFR 1068.325(d).
* * * * *

0
37. Revise Sec.  85.1514 to read as follows:

Sec.  85.1514  Treatment of confidential information.

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

0
38. Amend Sec.  85.1701 by revising paragraph (a)(1) to read as
follows:

Sec.  85.1701  General applicability.

    (a) * * *
    (1) Beginning January 1, 2014, the exemption provisions of 40 CFR
part 1068, subpart C, apply instead of the provisions of this subpart
for heavy-duty motor vehicle engines regulated under 40 CFR part 86,
subpart A, except that the nonroad competition exemption of 40 CFR
1068.235 and the nonroad hardship exemption provisions of 40 CFR
1068.245, 1068.250, and 1068.255 do not apply for motor vehicle
engines. Note that the provisions for emergency vehicle field
modifications in Sec.  85.1716 continue to apply for heavy-duty
engines.
* * * * *

0
39. Revise Sec.  85.1712 to read as follows:

Sec.  85.1712  Treatment of confidential information.

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

0
40. Revise Sec.  85.1801 to read as follows:

Sec.  85.1801  Applicability and definitions.

    (a) The recall provisions of 40 CFR part 1068, subpart E, apply
instead of the provisions of this subpart for heavy-duty motor vehicles
and heavy-duty motor vehicle engines regulated under 40 CFR part 86,
subpart A, and 40 CFR parts 1036 and 1037. The provisions of this
subpart apply for other motor vehicles and motor vehicle engines.
    (b) For the purposes of this subpart, except as otherwise provided,
words

shall be defined as provided for by sections 214 and 302 of the Clean
Air Act, 42 U.S.C. 1857, as amended.
    (1) Act shall mean the Clean Air Act, 42 U.S.C. 1857, as amended.
    (2) Days shall mean calendar days.

0
41. Revise Sec.  85.1807 to read as follows:

Sec.  85.1807  Public hearings.

    Manufacturers may request a hearing as described in 40 CFR part
1068, subpart G.

0
42. Revise Sec.  85.1808 to read as follows:

Sec.  85.1808  Treatment of confidential information.

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

0
43. Amend Sec.  85.1902 by revising paragraph (b)(2) to read as
follows:

Sec.  85.1902  Definitions.

* * * * *
    (b) * * *
    (2) A defect in the design, materials, or workmanship in one or
more emission-related parts, components, systems, software, or elements
of design which must function properly to ensure continued compliance
with greenhouse gas emission standards in 40 CFR part 86.
* * * * *

0
44. Amend Sec.  85.2102 by revising paragraph (a)(18) and adding and
reserving paragraph (b) to read as follows:

Sec.  85.2102  Definitions.

    (a) * * *
    (18) MOD Director has the meaning given for ``Designated Compliance
Officer'' in 40 CFR 1068.30.
    (b) [Reserved]

0
45. Amend Sec.  85.2115 by revising paragraph (a)(4) to read as
follows:

Sec.  85.2115  Notification of intent to certify.

    (a) * * *
    (4) Two complete and identical copies of the notification and any
subsequent industry comments on any such notification shall be
submitted by the aftermarket manufacturer to: MOD Director.
* * * * *

0
46. Revise Sec.  85.2301 to read as follows:

Sec.  85.2301  Applicability.

    The definitions provided by this subpart are effective February 23,
1995 and apply to all motor vehicles regulated under 40 CFR part 86,
subpart S, and to highway motorcycles regulated under 40 CFR part 86,
subparts E and F. The definitions and related provisions in 40 CFR
parts 1036, 1037, and 1068 apply instead of the provisions in this
subpart for heavy-duty motor vehicles and heavy-duty motor vehicle
engines regulated under 40 CFR part 86, subpart A, and 40 CFR parts
1036 and 1037.

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES

0
47. The authority citation for part 86 continues to read as follows:

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

0
48. Section 86.1 is amended by:
0
a. Revising the last sentence of paragraph (a);
0
b. Redesignating paragraphs (b)(19) through (21) as paragraphs (b)(21)
through (23); and
0
c. Adding new paragraphs (b)(19) and (20).
    The revision and additions read as follows:

Sec.  86.1  Incorporation by reference.

    (a) * * * For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) * * *
    (19) ASTM D5769-20, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved June 1, 2020 (``ASTM5769''),
IBR approved for Sec. Sec.  86.113-04(a), 86.213(a), and 86.513(a).
    (20) ASTM D6550-20, Standard Test Method for Determination of
Olefin Content of Gasolines by Supercritical-Fluid Chromatography,
approved July 1, 2020 (``ASTM D6550''), IBR approved for Sec. Sec.
86.113-04(a), 86.213(a), and 86.513(a).
* * * * *

0
49. Section 86.004-15 is amended by revising paragraph (a)(1) to read
as follows:

Sec.  86.004-15  NOX plus NMHC and particulate averaging, trading, and
banking for heavy-duty engines.

    (a) Overview. (1) Heavy-duty engines eligible for NOX
plus NMHC and particulate averaging, trading and banking programs are
described in the applicable emission standards sections in this
subpart. For manufacturers not selecting Options 1 or 2 contained in
Sec.  86.005-10(f), the ABT program requirements contained in Sec.
86.000-15 apply for 2004 model year Otto-cycle engines, rather than the
provisions contained in this section. Participation in these programs
is voluntary.
* * * * *

0
50. Section 86.010-18 is amended by--
0
a. Revising paragraphs (g)(2)(ii)(B) and (g)(2)(iii)(C).
0
b. Adding paragraph (g)(2)(iii)(D).
0
c. Removing and reserving paragraph (l)(2)(ii).
0
d. Revising paragraphs (p)(3) and (4).
    The revisions and additions read as follows:

Sec.  86.010-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

* * * * *
    (g) * * *
    (2) * * *
    (ii) * * *
    (B) For model years 2013 and later, on engines equipped with
sensors that can detect combustion or combustion quality (e.g., for use
in engines with homogeneous charge compression ignition (HCCI) control
systems), the OBD system must detect a misfire malfunction when the
percentage of misfire is 5 percent or greater.
    (iii) * * *
    (C) For model years 2013 through 2018, on engines equipped with
sensors that can detect combustion or combustion quality, the OBD
system must monitor continuously for engine misfire when positive
torque is between 20 and 75 percent of peak torque, and engine speed is
less than 75 percent of maximum engine speed. If a monitoring system
cannot detect all misfire patterns under all required engine speed and
load conditions, the manufacturer may request that the Administrator
approve the monitoring system nonetheless. In evaluating the
manufacturer's request, the Administrator will consider the following
factors: The magnitude of the region(s) in which misfire detection is
limited; the degree to which misfire detection is limited in the
region(s) (i.e., the probability of detection of misfire events); the
frequency with which said region(s) are expected to be encountered in-
use; the type of misfire patterns for which misfire detection is
troublesome; and demonstration that the monitoring technology employed
is not inherently incapable of detecting misfire under required
conditions (i.e., compliance can be achieved on other engines). The
evaluation will be based on the following misfire patterns: Equally
spaced misfire occurring on randomly selected cylinders; single
cylinder continuous misfire; and, paired cylinder (cylinders firing at
the same crank angle) continuous misfire.

    (D) For 20 percent of 2019 model year, 50 percent of 2020 model,
and 100 percent of 2021 and later model year diesel engines (percentage
based on the manufacturer's projected sales volume of all diesel
engines subject to this regulation) equipped with sensors that can
detect combustion or combustion quality, the OBD system must monitor
continuously for engine misfire under all positive torque engine speed
conditions except within the following range: The engine operating
region bound by the positive torque line (i.e., engine torque with
transmission in neutral) and the two following points: engine speed of
50 percent of maximum engine speed with the engine torque at the
positive torque line, and 100 percent of the maximum engine speed with
the engine torque at 10 percent of peak torque above the positive
torque line. If a monitoring system cannot detect all misfire patterns
under all required engine speed and load conditions, the manufacturer
may request that the Administrator approve the monitoring system
nonetheless. In evaluating the manufacturer's request, the
Administrator will consider the following factors: The magnitude of the
region(s) in which misfire detection is limited; the degree to which
misfire detection is limited in the region(s) (i.e., the probability of
detection of misfire events); the frequency with which said region(s)
are expected to be encountered in-use; the type of misfire patterns for
which misfire detection is troublesome; and demonstration that the
monitoring technology employed is not inherently incapable of detecting
misfire under required conditions (i.e., compliance can be achieved on
other engines). The evaluation will be based on the following misfire
patterns: Equally spaced misfire occurring on randomly selected
cylinders; single cylinder continuous misfire; and, paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
* * * * *
    (p) * * *
    (3) For model years 2016 through 2018. (i) On the engine ratings
tested according to paragraph (l)(2)(iii) of this section, the
certification emissions thresholds shall apply in-use.
    (ii) On the manufacturer's remaining engine ratings, separate in-
use emissions thresholds shall apply. These thresholds are determined
by doubling the applicable thresholds as shown in Table 1 of paragraph
(g) of this section and Table 2 of paragraph (h) of this section. The
resultant thresholds apply only in-use and do not apply for
certification or selective enforcement auditing.
    (iii) For monitors subject to meeting the minimum in-use monitor
performance ratio of 0.100 in paragraph (d)(1)(ii) of this section, the
OBD system shall not be considered noncompliant unless a representative
sample indicates the in-use ratio is below 0.088 except for filtering
performance monitors for PM filters (paragraph (g)(8)(ii)(A) of this
section) and missing substrate monitors (paragraph (g)(8)(ii)(D) of
this section) for which the OBD system shall not be considered
noncompliant unless a representative sample indicates the in-use ratio
is below 0.050.
    (iv) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the
manufacturer.
    (4) For model years 2019 and later. (i) On all engine ratings, the
certification emissions thresholds shall apply in-use.
    (ii) For monitors subject to meeting the minimum in-use monitor
performance ratio of 0.100 in paragraph (d)(1)(ii) of this section, the
OBD system shall not be considered noncompliant unless a representative
sample indicates the in-use ratio is below 0.088.
    (iii) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that the manufacturer could not have reasonably foreseen.
* * * * *

0
51. Section 86.113-04 is amended by revising paragraph (a)(1) to read
as follows:

Sec.  86.113-04  Fuel specifications.

* * * * *
    (a) * * *
    (1) Gasoline meeting the following specifications, or substantially
equivalent specifications approved by the Administrator, must be used
for exhaust and evaporative testing:

   Table 1 to Sec.   86.113-04--Test Fuel Specifications for Gasoline
                             Without Ethanol
------------------------------------------------------------------------
                                                            Reference
            Item                       Regular             procedure 1
------------------------------------------------------------------------
Research octane, Minimum 2..  93......................  ASTM D2699
Octane sensitivity 2........  7.5.....................  ASTM D2700
Distillation Range ([deg]F):
    Evaporated initial        75-95...................  ASTM D86
     boiling point 3.
    10% evaporated..........  120-135.................
    50% evaporated..........  200-230.................
    90% evaporated..........  300-325.................
    Evaporated final boiling  415 Maximum.............
     point.
Total Aromatic Hydrocarbon    35% Maximum.............  ASTM D1319 or
 (vol %).                                                ASTM D5769
Olefins (vol %) 4...........  10% Maximum.............  ASTM D1319 or
                                                         ASTM D6550
Lead, g/gallon (g/liter),     0.050 (0.013)...........  ASTM D3237
 Maximum.
Phosphorous, g/gallon (g/     0.005 (0.0013)..........  ASTM D3231
 liter), Maximum.
Total sulfur, wt. % 5.......  0.0015-0.008............  ASTM D2622
Dry Vapor Pressure            60.0-63.4 (8.7-9.2).....  ASTM D5191
 Equivalent (DVPE), kPa
 (psi) 6.
------------------------------------------------------------------------
1 Incorporated by reference, see Sec.   86.1.
2 Octane specifications are optional for manufacturer testing.
3 For testing at altitudes above 1,219 m (4,000 feet), the specified
  range is 75-105 [deg]F.
4 ASTM D6550 prescribes measurement of olefin concentration in mass %.
  Multiply this result by 0.857 and round to the first decimal place to
  determine the olefin concentration in volume %.
5 Sulfur concentration will not exceed 0.0045 weight percent for EPA
  testing.
6 For testing unrelated to evaporative emission control, the specified
  range is 54.8-63.7 kPa (8.0-9.2 psi). For testing at altitudes above
  1,219 m (4,000 feet), the specified range is 52.0-55.4 kPa (7.6-8.0
  psi). Calculate dry vapor pressure equivalent, DVPE, based on the
  measured total vapor pressure, pT, using the following equation: DVPE
  (kPa) = 0.956 [middot] pT-2.39 (or DVPE (psi) = 0.956 [middot] pT-
  0.347). DVPE is intended to be equivalent to Reid Vapor Pressure using
  a different test method.

* * * * *

0
52. Section 86.129-00 is amended by revising paragraph (f)(1)(ii)(C) to
read as follows:

Sec.  86.129-00  Road load power, test weight, and inertia weight class
determination.

* * * * *
    (f)(1) * * *
    (ii) * * *
    (C) Regardless of other requirements in this section relating to
the testing of HLDTs, for Tier 2 and Tier 3 HLDTs, the test weight
basis for FTP and SFTP testing (both US06 and SC03), if applicable, is
the vehicle curb weight plus 300 pounds. For MDPVs certified to
standards in bin 11 in Tables S04-1 and 2 in Sec.  86.1811-04, the test
weight basis must be adjusted loaded vehicle weight (ALVW) as defined
in this part.
* * * * *

0
53. Section 86.130-96 is amended by revising paragraph (a) to read as
follows:

Sec.  86.130-96  Test sequence; general requirements.

* * * * *
    (a)(1) Gasoline- and methanol-fueled vehicles. The test sequence
shown in Figure 1 of 40 CFR 1066.801 shows the steps encountered as the
test vehicle undergoes the procedures subsequently described to
determine conformity with the standards set forth. The full three-
diurnal sequence depicted in Figure 1 of 40 CFR 1066.801 tests vehicles
for all sources of evaporative emissions. The supplemental two-diurnal
test sequence is designed to verify that vehicles sufficiently purge
their evaporative canisters during the exhaust emission test. Sections
86.132-96, 86.133-96, and 86.138-96 describe the separate
specifications of the supplemental two-diurnal test sequence.
    (2) Gaseous-fueled vehicles. The test sequence shown in Figure 1 of
40 CFR 1066.801 shows the steps encountered as the test vehicle
undergoes the procedures subsequently described to determine conformity
with the standards set forth, with the exception that the fuel drain
and fill and precondition canister steps are not required for gaseous-
fueled vehicles. In addition, the supplemental two-diurnal test and the
running loss test are not required.
* * * * *

0
54. Section 86.213 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  86.213  Fuel specifications.

    (a) * * *
    (2) You may use the test fuel specified in this paragraph (a)(2)
for vehicles that are not yet subject to exhaust testing with an
ethanol-blend test fuel under Sec.  86.113. Manufacturers may certify
based on this fuel using carryover data until testing with the ethanol-
blend test fuel is required. The following specifications apply for
gasoline test fuel without ethanol:

        Table 1 of Sec.   86.213--Cold Temperature Test Fuel Specifications for Gasoline Without Ethanol
----------------------------------------------------------------------------------------------------------------
                                                                                Reference procedure 1
                Item                          Regular                    Premium
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2 2......................  87.80.3......  92.30.5.....  ASTM D2699
                                                                                ASTM D2700
Sensitivity 3......................  7.5......................  7.5.....................  ASTM D2699
                                                                                ASTM D2700
Distillation Range ([deg]F):
    Evaporated initial boiling       76-96....................  76-96...................  ASTM D86
     point.
    10% evaporated.................  98-118...................  105-125.................
    50% evaporated.................  179-214..................  195-225.................
    90% evaporated.................  316-346..................  316-346.................
    Evaporated final boiling point.  413 Maximum..............  413 Maximum.............
Total Aromatic Hydrocarbon (vol %).  26.44.0......  32.04.0.....  ASTM D1319 or ASTM
                                                                                D5769
Olefins (vol %) 4..................  12.55.0......  10.55.0.....  ASTM D1319 or ASTM
                                                                                D6550
Lead, g/gallon.....................  0.01, Maximum............  0.01, Maximum...........  ASTM D3237
Phosphorous, g/gallon..............  0.005 Maximum............  0.005 Maximum...........  ASTM D3231
Total sulfur, wt. % 3..............  0.0015-0.008.............  0.0015-0.008............  ASTM D2622
RVP, psi...........................  11.50.3......  11.50.3.....  ASTM D5191
----------------------------------------------------------------------------------------------------------------
1 Incorporated by reference, see Sec.   86.1.
2 Octane specifications are optional for manufacturer testing. The premium fuel specifications apply for
  vehicles designed to use high-octane premium fuel.
3 Sulfur concentration will not exceed 0.0045 weight percent for EPA testing.
4 ASTM D6550 prescribes measurement of olefin concentration in mass %. Multiply this result by 0.857 and round
  to the first decimal place to determine the olefin concentration in volume %.

* * * * *

Sec.  86.401-97  [Removed]

0
55. Remove Sec.  86.401-97.

0
56. Amend Sec.  86.408-78 by adding paragraphs (c) and (d) to read as
follows:

Sec.  86.408-78  General standards; increase in emissions; unsafe
conditions.

* * * * *
    (c) If a new motorcycle is designed to require manual adjustment to
compensate for changing altitude, the manufacturer must include the
appropriate instructions in the application for certification. EPA will
review the instructions to ensure that properly adjusted motorcycles
will meet emission standards at both low altitude and high altitude.
    (d) An action to install parts, modify engines, or perform other
adjustments to compensate for changing altitude is not prohibited under
42 U.S.C. 7522 as long as it is done consistent with the manufacturer's
instructions.

Sec.  86.413-78  [Removed]

0
57. Remove Sec.  86.413-78.

0
58. Amend Sec.  86.419-2006 by revising paragraph (b) introductory text
to read as follows:

Sec.  86.419-2006  Engine displacement, motorcycle classes.

* * * * *
    (b) Motorcycles will be divided into classes and subclasses based
on engine displacement.
* * * * *

0
59. Amend Sec.  86.427-78 by revising paragraph (a)(1) to read as
follows:

Sec.  86.427-78  Emission tests.

    (a)(1) Each test vehicle shall be driven with all emission control
systems installed and operating for the following total test distances,
or for such lesser distances as the Administrator may agree to as
meeting the objectives of this procedure. (See Sec.  86.419 for class
explanation.)

                     Table 1 to Sec.   86.427-78--Test Specifications by Displacement Class
----------------------------------------------------------------------------------------------------------------
                                                             Total test        Minimum test
                   Displacement class                         distance           distance      Minimum number of
                                                            (kilometers)       (kilometers)          tests
----------------------------------------------------------------------------------------------------------------
I-A....................................................              6,000              2,500                  4
I-B....................................................              6,000              2,500                  4
II.....................................................              9,000              2,500                  4
III....................................................             15,000              3,500                  4
----------------------------------------------------------------------------------------------------------------

* * * * *

0
60. Amend Sec.  86.435-78 by revising paragraph (b)(1) to read as
follows:

Sec.  86.435-78  Extrapolated emission values.

* * * * *
    (b) * * *
    (1) If the useful life emissions are at or below the standards,
certification will be granted.
* * * * *

0
61. Amend Sec.  86.436-78 by revising paragraph (d) to read as follows:

Sec.  86.436-78  Additional service accumulation.

* * * * *
    (d) To qualify for certification:
    (1) The full life emission test results must be at or below the
standards in this subpart; and
    (2) The deterioration line must be below the standard at the
minimum test distance and the useful life, or all points used to
generate the line, must be at or below the standard.
* * * * *

0
62. Amend Sec.  86.513 by revising paragraph (a)(1) and adding
paragraph (a)(3) to read as follows:

Sec.  86.513  Fuel and engine lubricant specifications.

    (a) * * *
    (1) Use gasoline meeting the following specifications for exhaust
and evaporative emission testing:

       Table 1 of Sec.   86.513--Gasoline Test Fuel Specifications
------------------------------------------------------------------------
            Item                        Value              Procedure 1
------------------------------------------------------------------------
Distillation Range:
    1. Initial boiling        23.9-35.0 2.............  ASTM D86
     point, [deg]C.
    2. 10% point, [deg]C....  48.9-57.2...............
    3. 50% point, [deg]C....  93.3-110.0..............
    4. 90% point, [deg]C....  148.9-162.8.............
    5. End point, [deg]C....  212.8 maximum...........
Total aromatic hydrocarbon,   35 maximum..............  ASTM D1319 or
 volume %.                                               ASTM D5769
Olefins, volume % 3.........  10 maximum..............  ASTM D1319 or
                                                         ASTM D6550
Lead (organic), g/liter.....  0.013 maximum...........  ASTM D3237
Phosphorous, g/liter........  0.0013 maximum..........  ASTM D3231
Sulfur, weight %............  0.008 maximum...........  ASTM D2622
Dry Vapor Pressure            55.2 to 63.4 4..........  ASTM D5191
 Equivalent (DVPE), kPa.
------------------------------------------------------------------------
1 Incorporated by reference, see Sec.   86.1.
2 For testing at altitudes above 1,219 m, the specified initial boiling
  point range is (23.9 to 40.6) [deg]C.
3 ASTM D6550 prescribes measurement of olefin concentration in mass %.
  Multiply this result by 0.857 and round to the first decimal place to
  determine the olefin concentration in volume %.
4 For testing at altitudes above 1,219 m, the specified volatility range
  is 52 to 55 kPa. Calculate dry vapor pressure equivalent, DVPE, based
  on the measured total vapor pressure, pT, using the following
  equation: DVPE (kPa) = 0.956 [middot] pT-2.39 (or DVPE (psi) = 0.956
  [middot] pT-0.347). DVPE is intended to be equivalent to Reid Vapor
  Pressure using a different test method.

* * * * *
    (3) Manufacturers may alternatively use ethanol-blended gasoline
meeting the specifications described in 40 CFR 1065.710(b) for general
testing without our advance approval. Manufacturers using the ethanol-
blended fuel for certifying a given engine family may also use it for
any testing for that engine family under this part. If manufacturers
use the ethanol-blended fuel for certifying a given engine family, EPA
may use the ethanol-blended fuel or the neat gasoline test fuel
specified in this section for that engine family. Manufacturers may
also request to use fuels meeting alternate specifications as described
in 40 CFR 1065.701(b).
* * * * *

0
63. Revise Sec.  86.531-78 to read as follows:

Sec.  86.531-78  Vehicle preparation.

    (a) The manufacturer shall provide additional fittings and
adapters, as required by the Administrator, to accommodate a fuel drain
at the lowest point possible in the tank(s) as installed on the
vehicle, and to provide for exhaust sample collection.
    (b) Connect the motorcycle's exhaust system to the analyzer for all
exhaust emission measurements. Seal all known leaks in the exhaust
system. Make sure any remaining leaks do not affect the demonstration
that the motorcycle complies with standards in subpart E of this part.

0
64. Revise Sec.  86.1362 to read as follows:

Sec.  86.1362  Steady-state testing with a ramped-modal cycle.

    (a) This section describes how to test engines under steady-state
conditions. Perform ramped-modal testing as described in 40 CFR
1036.505 and 40 CFR part 1065, except as specified in this section.

    (b) Measure emissions by testing the engine on a dynamometer with
the following ramped-modal duty cycle to determine whether it meets the
applicable steady-state emission standards in this part and 40 CFR part
1036:

[GRAPHIC] [TIFF OMITTED] TR29JN21.009

[GRAPHIC] [TIFF OMITTED] TR29JN21.010

BILLING CODE 6560-50-C

Subpart P--[Removed and Reserved]

0
65. Remove and reserve subpart P.

Subpart Q--[Removed and Reserved]

0
66. Remove and reserve subpart Q.

0
67. Amend Sec.  86.1803-01 by revising the definitions for ``Heavy-duty
vehicle'' and ``Light-duty truck'' to read as follows:

Sec.  86.1803-01  Definitions.

* * * * *
    Heavy-duty vehicle means any complete or incomplete motor vehicle
rated at more than 8,500 pounds GVWR. Heavy-duty vehicle also includes
incomplete vehicles that have a curb weight above 6,000 pounds or a
basic vehicle frontal area greater than 45 square feet. Note that MDPVs
are heavy-duty vehicles that are in many cases subject to requirements
that apply for light-duty trucks.
* * * * *
    Light-duty truck means any motor vehicle that is not a heavy-duty
vehicle, but is:
    (1) Designed primarily for purposes of transportation of property
or is a derivation of such a vehicle; or
    (2) Designed primarily for transportation of persons and has a
capacity of more than 12 persons; or
    (3) Available with special features enabling off-street or off-
highway operation and use.
* * * * *

0
68. Amend Sec.  86.1811-17 by revising paragraph (b)(8)(iii)(C) to read
as follows:

Sec.  86.1811-17  Exhaust emission standards for light-duty vehicles,
light-duty trucks and medium-duty passenger vehicles.

* * * * *
    (b) * * *
    (8) * * *
    (iii) * * *
    (C) Vehicles must comply with the Tier 2 SFTP emission standards
for NMHC + NOX and CO for 4,000-mile testing that are
specified in Sec.  86.1811-04(f)(1) if they are certified to
transitional Bin 85 or Bin 110 standards, or if they are certified
based on a fuel without ethanol, or if they are not certified to the
Tier 3 p.m. standard. Note that the standards in this paragraph
(b)(8)(iii)(C) apply under this section for alternative fueled
vehicles, for flexible fueled vehicles when operated on a fuel other
than gasoline or diesel fuel, and for MDPVs, even though these vehicles
were not subject to the SFTP standards in the Tier 2 program.
* * * * *

0
69. Amend Sec.  86.1813-17 by revising the introductory text and
paragraph (a)(2)(i) introductory text to read as follows:

Sec.  86.1813-17  Evaporative and refueling emission standards.

    Vehicles must meet evaporative and refueling emission standards as
specified in this section. These emission standards apply for heavy
duty vehicles above 14,000 pounds GVWR as specified in Sec.  86.1801.
These emission standards apply for total hydrocarbon equivalent (THCE)
measurements using the test procedures specified in subpart B of this
part, as appropriate. Note that Sec.  86.1829 allows you to certify
without testing in certain circumstances. These evaporative and
refueling emission standards do not apply for electric vehicles, fuel
cell vehicles, or diesel-fueled vehicles, except as specified in
paragraph (b) of this section. Unless otherwise specified, MDPVs are
subject to all the same provisions of this section that apply to LDT4.
    (a) * * *
    (2) * * *
    (i) The emission standard for the sum of diurnal and hot soak
measurements from the two-diurnal test sequence and the three-diurnal
test sequence is based on a fleet average in a given model year. You
must specify a family emission limit (FEL) for each evaporative family.
The FEL serves as the emission standard for the evaporative family with
respect to all required diurnal and hot soak testing. Calculate your
fleet-average emission level as described in Sec.  86.1860 based on the
FEL that applies for low-altitude testing to show that you meet the
specified standard. For multi-fueled vehicles, calculate fleet-average
emission levels based only on emission levels for testing with
gasoline. You may generate emission credits for banking and trading and
you may use banked or traded credits for demonstrating compliance with
the diurnal plus hot soak emission standard for vehicles required to
meet the Tier 3 standards, other than gaseous-fueled vehicles, as
described in Sec.  86.1861 starting in model year 2017. You comply with
the emission standard for a given model year if you have enough credits
to show that your fleet-average emission level is at or below the
applicable standard. You may exchange credits between or among
evaporative families within an averaging set as described in Sec.
86.1861. Separate diurnal plus hot soak emission standards apply for
each evaporative/refueling emission family as shown for high-altitude
conditions. The sum of diurnal and hot soak measurements may not exceed
the following Tier 3 standards:
* * * * *

0
70. Amend Sec.  86.1817-05 by revising paragraph (a)(1) to read as
follows:

Sec.  86.1817-05  Complete heavy-duty vehicle averaging, trading, and
banking program.

    (a) * * *
    (1) Complete heavy-duty vehicles eligible for the NOX
averaging, trading, and banking program are described in the applicable
emission standards section of this subpart. Participation in this
averaging, trading, and banking program is voluntary.
* * * * *

0
71. Amend Sec.  86.1818-12 by revising paragraph (d) to read as
follows:

Sec.  86.1818-12  Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.

* * * * *
    (d) In-use CO2 exhaust emission standards. The in-use
CO2 exhaust emission standard shall be the combined city/
highway carbon-related exhaust emission value calculated for the
appropriate vehicle carline/subconfiguration according to the
provisions of Sec.  600.113-12(g)(4) of this chapter adjusted by the
deterioration factor from Sec.  86.1823-08(m). Multiply the result by
1.1 and round to the nearest whole gram per mile. For in-use vehicle
carlines/subconfigurations for which a combined city/highway carbon-
related exhaust emission value was not determined under Sec.  600.113-
12(g)(4) of this chapter, the in-use CO2 exhaust emission
standard shall be the combined city/highway carbon-related exhaust
emission value calculated according to the provisions of Sec.  600.208
of this chapter for the vehicle model type (except that total model
year production data shall be used instead of sales projections)
adjusted by the deterioration factor from Sec.  86.1823-08(m). Multiply
the result by 1.1 and round to the nearest whole gram per mile. For
vehicles that are capable of operating on multiple fuels, except plug-
in hybrid electric vehicles, a separate in-use standard shall be
determined for each fuel that the vehicle is capable of operating on.
The standards in this paragraph (d) apply to in-use testing performed
by the manufacturer pursuant to regulations at Sec. Sec.  86.1845 and
86.1846 and to in-use testing performed by EPA.
* * * * *

0
72. Amend Sec.  86.1838-01 by revising paragraph (c)(2)(iii) to read as
follows:

Sec.  86.1838-01  Small-volume manufacturer certification procedures.

* * * * *
    (c) * * *
    (2) * * *
    (iii) The provisions of Sec.  86.1845-04(c)(2) that require one
vehicle of each test group during high mileage in-use verification
testing to have a minimum odometer mileage of 75 percent of the full
useful life mileage do not apply.
* * * * *

0
73. Amend Sec.  86.1868-12 by revising paragraph (g) introductory text
and adding paragraph (g)(5) to read as follows:

Sec.  86.1868-12  CO2 credits for improving the efficiency of air
conditioning systems.

* * * * *
    (g) AC17 validation testing and reporting requirements. For 2020
and later model years, manufacturers must validate air conditioning
credits by using the AC17 Test Procedure in 40 CFR 1066.845 as follows:
* * * * *
    (5) AC17 testing requirements apply as follows for electric
vehicles and plug-in hybrid electric vehicles:
    (i) Manufacturers may omit AC17 testing for electric vehicles.
Electric vehicles may qualify for air conditioning efficiency credits
based on identified technologies, without testing. The application for
certification must include a detailed description of the vehicle's air
conditioning system and identify any technology items eligible for air
conditioning efficiency credits. Include additional supporting
information to justify the air conditioning credit for each technology.
    (ii) The provisions of paragraph (g)(5)(i) of this section also
apply for plug-in hybrid electric vehicles if they have an all electric
range of at least 60 miles (combined city and highway) after adjustment
to reflect actual in-use driving conditions (see 40 CFR 600.311(j)),
and they do not rely on the engine to cool the vehicle's cabin for the
ambient and driving conditions represented by the AC17 test.
    (iii) If AC17 testing is required for plug-in hybrid electric
vehicles, perform this testing in charge-sustaining mode.
* * * * *

0
74. Part 88 is revised to read as follows:

PART 88--CLEAN-FUEL VEHICLES

Sec.
88.1 General applicability.
88.2 through 88.3 [Reserved]

    Authority:  42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586,
7588, 7589, 7601(a).

Sec.  88.1  General applicability.

    (a) The Clean Air Act includes provisions intended to promote the
development and sale of clean-fuel vehicles (see 42 U.S.C. 7581-7589).
This takes the form of credit incentives for State Implementation
Plans. The specified clean-fuel vehicle standards to qualify for these
credits are now uniformly less stringent than the emission standards
that apply for new vehicles and new engines under 40 CFR parts 86 and
1036.
    (b) The following provisions apply for purposes of State
Implementation Plans that continue to reference the Clean Fuel Fleet
Program:
    (1) Vehicles and engines certified to current emission standards
under 40 CFR part 86 or 1036 are deemed to also meet the Clean Fuel
Fleet standards as Ultra Low-Emission Vehicles.
    (2) Vehicles and engines meeting requirements as specified in
paragraph (a)(1) of this section with a fuel system designed to not
vent fuel vapors to the atmosphere are also deemed to meet the Clean
Fuel Fleet standards as Inherently Low-Emission Vehicles. This
paragraph (b)(2) applies for vehicles using diesel fuel, liquefied
petroleum gas, or compressed natural gas. It does not apply for
vehicles using gasoline, ethanol, methanol, or liquefied natural gas.
    (3) The following types of vehicles qualify as Zero Emission
Vehicles:
    (i) Electric vehicles (see 40 CFR 86.1803-01).
    (ii) Any other vehicle with a fuel that contains no carbon or
nitrogen compounds, that has no evaporative emissions, and that burns
without forming oxides of nitrogen, carbon monoxide, formaldehyde,
particulate matter, or hydrocarbon compounds. This paragraph (b)(3)(i)
applies equally for all engines installed on the vehicle.

Sec.  Sec.  88.2 through 88.3   [Reserved]

0
75. Part 89 is revised to read as follows:

PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES

Sec.
89.1 Applicability.
89.2 through 89.3 [Reserved]

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

Sec.  89.1  Applicability.

    The Environmental Protection Agency adopted emission standards for
model year 1996 and later nonroad compression-ignition engines under
this part. EPA has migrated regulatory requirements for these engines
to 40 CFR part 1039, with additional testing and compliance provisions
in 40 CFR parts 1065 and 1068. The Tier 1, Tier 2, and Tier 3 standards
originally adopted in this part are identified in 40 CFR part 1039,
appendix I. See 40 CFR 1039.1 for information regarding the timing of
the transition to 40 CFR part 1039, and for information regarding
regulations that continue to apply for engines that manufacturers
originally certified or otherwise produced under this part.

Sec.  Sec.  89.2 through 89.3   [Reserved]

0
76. Part 90 is revised to read as follows:

PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES
AT OR BELOW 19 KILOWATTS

Sec.
90.1 Applicability.
90.2 through 90.3 [Reserved]

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

Sec.  90.1  Applicability.

    The Environmental Protection Agency adopted emission standards for
model year 1997 and later nonroad spark-ignition engines below 19 kW
under this part. EPA has migrated regulatory requirements for these
engines to 40 CFR part 1054, with additional testing and compliance
provisions in 40 CFR parts 1065 and 1068. The Phase 1 and Phase 2
standards originally adopted in this part are identified in 40 CFR part
1054, appendix I. See 40 CFR 1054.1 for information regarding the
timing of the transition to 40 CFR part 1054, and for information
regarding regulations that continue to apply for engines that
manufacturers originally certified or otherwise produced under this
part.

Sec.  Sec.  90.2 through 90.3  [Reserved]

0
77. Part 91 is revised to read as follows:

PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

Sec.
91.1 Applicability.
91.2 through 91.3 [Reserved]

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

Sec.  91.1  Applicability.

    The Environmental Protection Agency adopted emission standards for
model year 1998 and later marine spark-ignition engines under this
part, except that the standards of this part did not apply to
sterndrive/inboard engines. EPA has migrated regulatory requirements
for these engines to 40 CFR part 1045, with additional testing

and compliance provisions in 40 CFR parts 1065 and 1068. The standards
originally adopted in this part are identified in 40 CFR part 1045,
appendix I. See 40 CFR 1045.1 for information regarding the timing of
the transition to 40 CFR part 1045, and for information regarding
regulations that continue to apply for engines that manufacturers
originally certified or otherwise produced under this part.

Sec.  Sec.  91.2 through 91.3  [Reserved]

0
78. Part 92 is revised to read as follows:

PART 92--CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE
ENGINES

Sec.
92.1 Applicability.
92.2 through 92.3 [Reserved]

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

Sec.  92.1  Applicability.

    The Environmental Protection Agency first adopted emission
standards for freshly manufactured and remanufactured locomotives under
this part in 1998. EPA has migrated regulatory requirements for these
engines to 40 CFR part 1033, with additional testing and compliance
provisions in 40 CFR parts 1065 and 1068. The Tier 0, Tier 1, and Tier
2 standards originally adopted in this part are identified in 40 CFR
part 1033, appendix I. See 40 CFR 1033.1 for information regarding the
timing of the transition to 40 CFR part 1033, and for information
regarding regulations that continue to apply for engines that
manufacturers originally certified or otherwise produced or
remanufactured under this part. Emission standards started to apply for
locomotive and locomotive engines if they were--
    (a) Manufactured on or after January 1, 2000;
    (b) Manufactured on or after January 1, 1973 and remanufactured on
or after January 1, 2000; or
    (c) Manufactured before January 1, 1973 and upgraded on or after
January 1, 2000.

Sec.  Sec.  92.2 through 92.3  [Reserved]

0
79. Part 94 is revised to read as follows:

PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION
ENGINES

Sec.
94.1 Applicability.
94.2 through 94.3 [Reserved]

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

Sec.  94.1  Applicability.

    The Environmental Protection Agency adopted emission standards for
model year 2004 and later marine compression-ignition engines under
this part. EPA has migrated regulatory requirements for these engines
to 40 CFR part 1042, with additional testing and compliance provisions
in 40 CFR parts 1065 and 1068. The Tier 1 and Tier 2 standards
originally adopted in this part are identified in 40 CFR part 1042,
appendix I. See 40 CFR 1042.1 for information regarding the timing of
the transition to 40 CFR part 1042, and for information regarding
regulations that continue to apply for engines that manufacturers
originally certified or otherwise produced under this part.

Sec.  Sec.  94.2 through 94.3  [Reserved]

PART 1027--FEES FOR VEHICLE AND ENGINE COMPLIANCE PROGRAMS

0
80. The authority citation for part 1027 continues to read as follows:

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

0
81. The heading for part 1027 is revised to read as set forth above.

0
82. Amend Sec.  1027.101 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b).
    The revision reads as follows:

Sec.  1027.101  To whom do these requirements apply?

    (a) This part prescribes fees manufacturers must pay for activities
related to EPA's motor vehicle and engine compliance program (MVECP).
This includes activities related to approving certificates of
conformity and performing tests and taking other steps to verify
compliance with emission standards in this part. You must pay fees as
described in this part if you are a manufacturer of any of the
following products:
    (1) Motor vehicles and motor vehicle engines we regulate under 40
CFR part 86. This includes light-duty vehicles, light-duty trucks,
medium-duty passenger vehicles, highway motorcycles, and heavy-duty
highway engines and vehicles.
    (2) The following nonroad engines and equipment:
    (i) Locomotives and locomotive engines we regulate under 40 CFR
part 1033.
    (ii) Nonroad compression-ignition engines we regulate under 40 CFR
part 1039.
    (iii) Marine compression-ignition engines we regulate under 40 CFR
part 1042 or 1043.
    (iv) Marine spark-ignition engines and vessels we regulate under 40
CFR part 1045 or 1060. We refer to these as Marine SI engines.
    (v) Nonroad spark-ignition engines above 19 kW we regulate under 40
CFR part 1048. We refer to these as Large SI engines.
    (vi) Recreational vehicles we regulate under 40 CFR part 1051.
    (vii) Nonroad spark-ignition engines and equipment at or below 19
kW we regulate under 40 CFR part 1054 or 1060. We refer to these as
Small SI engines.
    (3) The following stationary internal combustion engines:
    (i) Stationary compression-ignition engines we certify under 40 CFR
part 60, subpart IIII.
    (ii) Stationary spark-ignition engines we certify under 40 CFR part
60, subpart JJJJ.
    (4) Portable fuel containers we regulate under 40 CFR part 59,
subpart F.
* * * * *

0
83. Revise Sec.  1027.105 to read as follows:

Sec.  1027.105  How much are the fees?

    (a) Fees are determined based on the date we receive a complete
application for certification. Each reference to a year in this subpart
refers to the calendar year, unless otherwise specified. Paragraph (b)
of this section specifies baseline fees that apply for certificates
received in 2020. See paragraph (c) of this section for provisions
describing how we calculate fees for 2021 and later years.
    (b) The following baseline fees apply for each application for
certification:
    (1) Except as specified in paragraph (b)(2) of this section for
Independent Commercial Importers, the following fees apply in 2020 for
motor vehicles and motor vehicle engines:

------------------------------------------------------------------------
            Category 1                Certificate type          Fee
------------------------------------------------------------------------
(i) Light-duty vehicles, light-     Federal.............         $27,347
 duty trucks, medium-duty
 passenger vehicle, and complete
 heavy-duty highway vehicles.

(ii) Light-duty vehicles, light-    California-only.....          14,700
 duty trucks, medium-duty
 passenger vehicle, and complete
 heavy-duty highway vehicles.
(iii) Heavy-duty highway engine...  Federal.............          56,299
(iv) Heavy-duty highway engine....  California-only.....             563
(v) Heavy-duty vehicle............  Evap................             563
(vi) Highway motorcycle, including  All.................           1,852
 Independent Commercial Importers.
------------------------------------------------------------------------
\1\ The specified categories include engines and vehicles that use all
  applicable fuels.

    (2) A fee of $87,860 applies in 2020 for Independent Commercial
Importers with respect to the following motor vehicles:
    (i) Light-duty vehicles and light-duty trucks.
    (ii) Medium-duty passenger vehicles.
    (iii) Complete heavy-duty highway vehicles.
    (3) The following fees apply in 2020 for nonroad and stationary
engines, vehicles, equipment, and components:

------------------------------------------------------------------------
            Category 1                Certificate type          Fee
------------------------------------------------------------------------
(i) Locomotives and locomotive      All.................            $563
 engines.
(ii) Marine compression-ignition    All, including EIAPP             563
 engines and stationary
 compression-ignition engines with
 per-cylinder displacement at or
 above 10 liters.
(iii) Other nonroad compression-    All.................           2,940
 ignition engines and stationary
 compression-ignition engines with
 per-cylinder displacement below
 10 liters.
(iv) Large SI engines and           All.................             563
 stationary spark-ignition engines
 above 19 kW.
(v) Marine SI engines. Small SI     Exhaust only........             563
 engines, and stationary spark-
 ignition engines at or below 19
 kW.
(vi) Recreational vehicles........  Exhaust (or combined             563
                                     exhaust and evap).
(vii) Equipment and fuel-system     Evap (where separate             397
 components associated with          certification is
 nonroad and stationary spark-       required).
 ignition engines, including
 portable fuel containers..
------------------------------------------------------------------------

    (c) We will calculate adjusted fees for 2021 and later years based
on changes in the Consumer Price Index and the number of certificates.
We will announce adjusted fees for a given year by March 31 of the
preceding year.
    (1) We will adjust the values specified in paragraph (b) of this
section for years after 2020 as follows:
    (i) Use the following equation for certification related to
evaporative emissions from nonroad and stationary engines when a
separate fee applies for certification to evaporative emission
standards:
[GRAPHIC] [TIFF OMITTED] TR29JN21.011

Where:

Certificate FeeCY = Fee per certificate for a given year.
Op = operating costs are all of EPA's nonlabor costs for each
category's compliance program, including any fixed costs associated
with EPA's testing laboratory, as described in paragraph (d)(1) of
this section.
L = the labor costs, to be adjusted by the Consumer Price Index, as
described in paragraph (d)(1) of this section.
CPICY-2 = the Consumer Price Index for the month of
November two years before the applicable calendar year, as described
in paragraph (d)(2) of this section.
CPI2006 = 201.8. This is based on the October 2006 value
of the Consumer Price Index. as described in paragraph (d)(2) of
this section
OH = 1.169. This is based on EPA overhead, which is applied to all
costs.
cert#MY-2 = the total number of certificates issued for a
fee category in the model year two years before the calendar year
for the applicable fees as described in paragraph (d)(3) of this
section.
cert#MY-3 = the total number of certificates issued for a
fee category in the model year three years before the calendar year
for the applicable fees as described in paragraph (d)(3) of this
section.

    (ii) Use the following equation for all other certificates:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.012

Where:

CPI2002 = 180.9. This is based on the December 2002 value
of the Consumer Price Index as described in paragraph (d)(2) of this
section.

    (2) The fee for any year will remain at the previous year's amount
until the value calculated in paragraph (c)(1) of this section differs
by at least $50 from the amount specified for the previous year.
    (d) Except as specified in Sec.  1027.110(a) for motor vehicles and
motor vehicle engines, we will use the following values to determine
adjusted fees using the equation in paragraph (c) of this section:
    (1) The following values apply for operating costs and labor costs:

------------------------------------------------------------------------
       Engine or vehicle category               Op               L
------------------------------------------------------------------------
(i) Light-duty, medium-duty passenger,        $3,322,039      $2,548,110
 and complete heavy-duty highway vehicle
 certification..........................
(ii) Light-duty, medium-duty passenger,        2,858,223       2,184,331
 and complete heavy-duty highway vehicle
 in-use testing.........................
(iii) Independent Commercial Importers           344,824         264,980
 identified in paragraph (b)(2) of this
 section................................
(iv) Highway motorcycles................         225,726         172,829
(v) Heavy-duty highway engines..........       1,106,224       1,625,680
(vi) Nonroad compression-ignition                486,401         545,160
 engines that are not locomotive or
 marine engines, and stationary
 compression-ignition engines with per-
 cylinder displacement below 10 liters..
(vii) Evaporative certificates related             5,039         236,670
 to nonroad and stationary engines......
(viii) All other........................         177,425         548,081
------------------------------------------------------------------------

    (2) The applicable Consumer Price Index is based on the values
published by the Bureau of Labor Statistics for All Urban Consumers at
https://www.usinflationcalculator.com/under ``Inflation and Prices''
and ``Consumer Price Index Data from 1913 to. . . .''. For example, we
calculated the 2006 fees using the Consumer Price Index for November
2004, which is 191.0.
    (3) Fee categories for counting the number of certificates issued
are based on the grouping shown in paragraph (d)(1) of this section.

0
84. Amend Sec.  1027.110 by revising paragraph (a) introductory text to
read as follows:

Sec.  1027.110  What special provisions apply for certification related
to motor vehicles?

    (a) We will adjust fees for light-duty, medium-duty passenger, and
complete heavy-duty highway vehicles as follows:
* * * * *

0
85. Amend Sec.  1027.125 by revising paragraph (e) to read as follows:

Sec.  1027.125  Can I get a refund?

* * * * *
    (e) Send refund and correction requests online at www.Pay.gov, or
as specified in our guidance.
* * * * *

0
86. Amend Sec.  1027.130 by revising paragraphs (a) and (b) to read as
follows:

Sec.  1027.130  How do I make a fee payment?

    (a) Pay fees to the order of the Environmental Protection Agency in
U.S. dollars using electronic funds transfer or any method available
for payment online at www.Pay.gov, or as specified in EPA guidance.
    (b) Submit a completed fee filing form at www.Pay.gov.
* * * * *

0
87. Amend Sec.  1027.135 by revising paragraph (b) to read as follows:

Sec.  1027.135  What provisions apply to a deficient filing?

* * * * *
    (b) We will hold a deficient filing along with any payment until we
receive a completed form and full payment. If the filing remains
deficient at the end of the model year, we will continue to hold any
funds associated with the filing so you can make a timely request for a
refund. We will not process an application for certification if the
associated filing is deficient.

0
88. Revise Sec.  1027.155 to read as follows:

Sec.  1027.155  What abbreviations apply to this subpart?

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

                       Table 1 to Sec.   1027.155
------------------------------------------------------------------------

------------------------------------------------------------------------
CFR..............................  Code of Federal Regulations.
CPI..............................  Consumer Price Index.
EPA..............................  U.S. Environmental Protection Agency.
Evap.............................  Evaporative emissions.
EIAPP............................  Engine International Air Pollution
                                    Prevention (from MARPOL Annex VI).
ICI..............................  Independent Commercial Importer.
MVECP............................  Motor vehicle and engine compliance
                                    program.
MY...............................  Model year.
U.S..............................  United States.
------------------------------------------------------------------------

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

0
89. The authority citation for part 1033 continues to read as follows:

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

0
90. Amend Sec.  1033.150 by:
0
a. Removing and reserving paragraphs (a) and (d).
0
b. Revising paragraph (e) introductory text.
0
c. Removing and reserving paragraphs (h) through (j).
0
d. Removing paragraphs (l) and (m).
    The revision reads as follows:

Sec.  1033.150  Interim provisions.

* * * * *
    (e) Producing switch locomotives using certified nonroad engines.
You may use the provisions of this paragraph (e) to produce any number
of freshly manufactured or refurbished switch locomotives in model
years 2008 through 2017. Locomotives produced under this paragraph (e)
are exempt from the standards and requirements of this part subject to
the following provisions:
* * * * *

0
91. Revise Sec.  1033.255 to read as follows:

Sec.  1033.255  EPA decisions.

    (a) If we determine an application is complete and shows that the
engine family meets all the requirements of this part and the Clean Air
Act, we will issue a certificate of conformity for the engine family
for that model year. We may make the approval subject to additional
conditions.
    (b) We may deny an application for certification if we determine
that an engine family fails to comply with emission standards or other
requirements of this part or the Clean Air Act. We will base our
decision on all available information. If we deny an application, we
will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke
a certificate of conformity if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements in
this part.
    (2) Submit false or incomplete information. This includes doing
anything after submitting an application that causes submitted
information to be false or incomplete.
    (3) Cause any test data to become inaccurate.
    (4) Deny us from completing authorized activities (see 40 CFR
1068.20). This includes a failure to provide reasonable assistance.
    (5) Produce locomotives for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
    (6) Fail to supply requested information or amend an application to
include all locomotives being produced.
    (7) Take any action that otherwise circumvents the intent of the
Clean Air Act or this part.
    (d) We may void a certificate of conformity if you fail to keep
records, send reports, or give us information as required under this
part or the Act. Note that these are also violations of 40 CFR
1068.101(a)(2).
    (e) We may void a certificate of conformity if we find that you

intentionally submitted false or incomplete information. This includes
doing anything after submitting an application that causes submitted
information to be false or incomplete.
    (f) If we deny an application or suspend, revoke, or void a
certificate, you may ask for a hearing (see Sec.  1033.920).

0
92. Amend Sec.  1033.601 by revising paragraphs (c)(4) and (5) to read
as follows:

Sec.  1033.601  General compliance provisions.

* * * * *
    (c) * * *
    (4) The provisions for importing engines and equipment under the
identical configuration exemption of 40 CFR 1068.315(h) do not apply
for locomotives.
    (5) The provisions for importing engines and equipment under the
ancient engine exemption of 40 CFR 1068.315(i) do not apply for
locomotives.
* * * * *

0
93. Amend Sec.  1033.701 by revising paragraph (k)(1) to read as
follows:

Sec.  1033.701  General provisions.

* * * * *
    (k) * * *
    (1) You may retire emission credits generated from any number of
your locomotives. This may be considered donating emission credits to
the environment. Identify any such credits in the reports described in
Sec.  1033.730. Locomotives must comply with the applicable FELs even
if you donate or sell the corresponding emission credits under this
paragraph (k). Those credits may no longer be used by anyone to
demonstrate compliance with any EPA emission standards.
* * * * *

0
94. Amend Sec.  1033.740 by revising the introductory text and
paragraph (a) to read as follows:

Sec.  1033.740  Credit restrictions.

    Use of emission credits generated under this part is restricted
depending on the standards against which they were generated.
    (a) Pre-2008 credits. NOX and PM credits generated
before model year 2008 may be used under this part in the same manner
as NOX and PM credits generated under this part.
* * * * *

0
95. Amend Sec.  1033.901 by revising paragraph (1) of the definition of
``New'' to read as follows:

Sec.  1033.901  Definitions.

* * * * *
    New, * * *
    (1) A locomotive or engine is new if its equitable or legal title
has never been transferred to an ultimate purchaser. Where the
equitable or legal title to a locomotive or engine is not transferred
prior to its being placed into service, the locomotive or engine ceases
to be new when it is placed into service. A locomotive or engine also
becomes new if it is remanufactured or refurbished (as defined in this
section). A remanufactured locomotive or engine ceases to be new when
placed back into service. With respect to imported locomotives or
locomotive engines, the term ``new locomotive'' or ``new locomotive
engine'' also means a locomotive or locomotive engine that is not
covered by a certificate of conformity under this part or 40 CFR part
92 at the time of importation, and that was manufactured or
remanufactured after January 1, 2000, which would have been applicable
to such locomotive or engine had it been manufactured or remanufactured
for importation into the United States. Note that replacing an engine
in one locomotive with an unremanufactured used engine from a different
locomotive does not make a locomotive new.
* * * * *

0
96. Amend Sec.  1033.925 by revising paragraph (e) introductory text to
read as follows:

Sec.  1033.925  Reporting and recordkeeping requirements.

* * * * *
    (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations in this chapter.
The following items illustrate the kind of reporting and recordkeeping
we require for locomotives regulated under this part:
* * * * *

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY
HIGHWAY ENGINES

0
97. The authority citation for part 1036 continues to read as follows:

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

0
98. Amend Sec.  1036.1 by adding paragraph (b)(3) to read as follows:

Sec.  1036.1  Does this part apply for my engines?

* * * * *
    (b) * * *
    (3) The provisions of Sec.  1036.501(h)(1) apply.
* * * * *

0
99. Amend Sec.  1036.108 by revising paragraph (a) to read as follows:

Sec.  1036.108  Greenhouse gas emission standards.

* * * * *
    (a) Emission standards. The emission standards in this paragraph
(a) apply for engines and optionally powertrains measured using the
test procedures specified in subpart F of this part as follows:
    (1) CO2 emission standards in this paragraph (a)(1)
apply based on testing as specified in subpart F of this part. The
applicable test cycle for measuring CO2 emissions differs
depending on the engine family's primary intended service class and the
extent to which the engines will be (or were designed to be) used in
tractors. For medium and heavy heavy-duty engines certified as tractor
engines, measure CO2 emissions using the steady-state duty
cycle specified in Sec.  1036.501 (referred to as the Supplemental
Emission Test, or SET, even though emission sampling involves
measurements from discrete modes). This testing with the SET duty cycle
is intended for engines designed to be used primarily in tractors and
other line-haul applications. Note that the use of some SET-certified
tractor engines in vocational applications does not affect your
certification obligation under this paragraph (a)(1); see other
provisions of this part and 40 CFR part 1037 for limits on using
engines certified to only one cycle. For medium and heavy heavy-duty
engines certified as both tractor and vocational engines, measure
CO2 emissions using the steady-state duty cycle and the
transient duty cycle (sometimes referred to as the Federal Test
Procedure (FTP) engine cycle) specified in Sec.  1036.501. Testing with
both SET and FTP duty cycles is intended for engines that are designed
for use in both tractor and vocational applications. For all other
engines (including engines meeting spark-ignition standards), measure
CO2 emissions using the appropriate transient duty cycle
specified in Sec.  1036.501.
    (i) The CO2 standard is 627 g/hp[middot]hr for all
spark-ignition engines for model years 2016 through 2020. This standard
continues to apply in later model years for all spark-ignition engines
that are not heavy heavy-duty engines.
    (ii) The following CO2 standards apply for compression-
ignition engines (in g/hp[middot]hr):

               Table 1 of Sec.   1036.108--Compression-Ignition Engine Standards for MY 2014-2020
----------------------------------------------------------------------------------------------------------------
                                                  Medium  heavy-   Heavy  heavy-
           Model years             Light  heavy-       duty-           duty-      Medium  heavy-   Heavy  heavy-
                                       duty         vocational      vocational     duty- tractor   duty- tractor
----------------------------------------------------------------------------------------------------------------
2014-2016.......................             600             600             567             502             475
2017-2020.......................             576             576             555             487             460
----------------------------------------------------------------------------------------------------------------

    (iii) The following CO2 standards apply for compression-
ignition engines and all heavy heavy-duty engines (in g/hp[middot]hr):

             Table 2 of Sec.   1036.108--Compression-Ignition Engine Standards for MY 2021 and Later
----------------------------------------------------------------------------------------------------------------
                                                  Medium  heavy-   Heavy  heavy-
           Model years             Light  heavy-       duty-           duty-      Medium  heavy-   Heavy  heavy-
                                       duty         vocational      vocational     duty- tractor   duty- tractor
----------------------------------------------------------------------------------------------------------------
2021-2023.......................             563             545             513             473             447
2024-2026.......................             555             538             506             461             436
2027 and later..................             552             535             503             457             432
----------------------------------------------------------------------------------------------------------------

    (iv) You may certify spark-ignition engines to the compression-
ignition standards for the appropriate model year under this paragraph
(a). If you do this, those engines are treated as compression-ignition
engines for all the provisions of this part.
    (2) The CH4 emission standard is 0.10 g/hp[middot]hr when measured
over the applicable transient duty cycle specified in 40 CFR part 86,
subpart N. This standard begins in model year 2014 for compression-
ignition engines and in model year 2016 for spark-ignition engines.
Note that this standard applies for all fuel types just like the other
standards of this section.
    (3) The N2O emission standard is 0.10 g/hp[middot]hr
when measured over the transient duty cycle specified in 40 CFR part
86, subpart N. This standard begins in model year 2014 for compression-
ignition engines and in model year 2016 for spark-ignition engines.
* * * * *

0
100. Amend Sec.  1036.150 by revising paragraphs (e), (g), and (p)(2)
and adding paragraph (q) to read as follows:

Sec.  1036.150  Interim provisions.

* * * * *
    (e) Alternate phase-in standards. Where a manufacturer certifies
all of its model year 2013 compression-ignition engines within a given
primary intended service class to the applicable alternate standards of
this paragraph (e), its compression-ignition engines within that
primary intended service class are subject to the standards of this
paragraph (e) for model years 2013 through 2016. This means that once a
manufacturer chooses to certify a primary intended service class to the
standards of this paragraph (e), it is not allowed to opt out of these
standards. Engines certified to these standards are not eligible for
early credits under paragraph (a) of this section.

                            Table 1 of Sec.   1036.150--Alternate Phase-In Standards
----------------------------------------------------------------------------------------------------------------
          Vehicle type              Model years        LHD Engines        MHD Engines           HHD Engines
----------------------------------------------------------------------------------------------------------------
Tractors.......................  2013-2015........  NA...............  512 g/hphr.......  485 g/hphr.
                                 2016 and later     NA...............  487 g/hphr.......  460 g/hphr.
                                  \1\.
Vocational.....................  2013-2015........  618 g/hphr.......  618 g/hphr.......  577 g/hphr.
                                 2016 through       576 g/hphr.......  576 g/hphr.......  555 g/hphr.
                                  20201.
----------------------------------------------------------------------------------------------------------------
\1\ These alternate standards for 2016 and later are the same as the otherwise applicable standards for 2017
  through 2020.

* * * * *
    (g) Assigned deterioration factors. You may use assigned
deterioration factors (DFs) without performing your own durability
emission tests or engineering analysis as follows:
    (1) You may use an assigned additive DF of 0.0 g/hp-hr for
CO2 emissions from engines that do not use advanced or off-
cycle technologies. If we determine it to be consistent with good
engineering judgment, we may allow you to use an assigned additive DF
of 0.0 g/hp-hr for CO2 emissions from your engines with
advanced or off-cycle technologies.
    (2) You may use an assigned additive DF of 0.010 g/hphr for N2O
emissions from any engine through model year 2021, and 0.020 g/hp-hr
for later model years.
    (3) You may use an assigned additive DF of 0.020 g/hp-hr for CH4
emissions from any engine.
* * * * *
    (p) * * *
    (2) You may certify your model year 2024 through 2026 engines to
the following alternative standards:

               Table 2 of Sec.   1036.150--Alternative Standards for Model Years 2024 Through 2026
----------------------------------------------------------------------------------------------------------------
                                               Medium  heavy-   Heavy  heavy-
                 Model years                       duty-            duty-        Medium  heavy-   Heavy  heavy-
                                                 vocational       vocational     duty- tractor    duty- tractor
----------------------------------------------------------------------------------------------------------------
2024-2026...................................             542              510              467              442
----------------------------------------------------------------------------------------------------------------

    (q) Confirmatory testing of fuel maps defined in Sec.  1036.503(b).
For model years 2021 and later, where the results from Eq. 1036.235-1
for a confirmatory test is less than or equal to 2.0%, we will not
replace the manufacturer's fuel maps.

0
101. Amend Sec.  1036.225 by revising paragraphs (e) and (f)(1) to read
as follows:

Sec.  1036.225  Amending my application for certification.

* * * * *
    (e) The amended application applies starting with the date you
submit the amended application, as follows:
    (1) For engine families already covered by a certificate of
conformity, you may start producing a new or modified engine
configuration any time after you send us your amended application and
before we make a decision under paragraph (d) of this section. However,
if we determine that the affected engines do not meet applicable
requirements in this part, we will notify you to cease production of
the engines and may require you to recall the engines at no expense to
the owner. Choosing to produce engines under this paragraph (e) is
deemed to be consent to recall all engines that we determine do not
meet applicable emission standards or other requirements in this part
and to remedy the nonconformity at no expense to the owner. If you do
not provide information required under paragraph (c) of this section
within 30 days after we request it, you must stop producing the new or
modified engines.
    (2) [Reserved]
    (f) * * *
    (1) You may ask to raise your FEL for your engine family at any
time before the end of the model year. In your request, you must show
that you will still be able to meet the emission standards as specified
in subparts B and H of this part. Use the appropriate FELs/FCLs with
corresponding production volumes to calculate emission credits for the
model year, as described in subpart H of this part.
* * * * *

0
102. Amend Sec.  1036.230 by revising paragraph (d) and adding
paragraph (f) to read as follows:

Sec.  1036.230  Selecting engine families.

* * * * *
    (d) Except as described in paragraph (f) of this section, engine
configurations within an engine family must use equivalent greenhouse
gas emission controls. Unless we approve it, you may not produce
nontested configurations without the same emission control hardware
included on the tested configuration. We will only approve it if you
demonstrate that the exclusion of the hardware does not increase
greenhouse gas emissions.
* * * * *
    (f) Engine families may be divided into subfamilies with respect to
compliance with CO2 standards.

0
103. Amend Sec.  1036.235 by revising the introductory text and
paragraphs (b) and (c) to read as follows:

Sec.  1036.235  Testing requirements for certification.

    This section describes the emission testing you must perform to
show compliance with the greenhouse gas emission standards in Sec.
1036.108. When testing hybrid powertrains substitute ``hybrid
powertrain'' for ``engine'' as it applies to requirements for
certification.
* * * * *
    (b) Test your emission-data engines using the procedures and
equipment specified in subpart F of this part. In the case of dual-fuel
and flexible-fuel engines, measure emissions when operating with each
type of fuel for which you intend to certify the engine. (Note:
Measurement of criteria emissions from flexible-fuel engines generally
involves operation with the fuel mixture that best represents in-use
operation, or with the fuel mixture with the highest emissions.)
Measure CO2, CH4, and N2O emissions
using the specified duty cycle(s), including cold-start and hot-start
testing as specified in 40 CFR part 86, subpart N. The following
provisions apply regarding test cycles for demonstrating compliance
with tractor and vocational standards:
    (1) If you are certifying the engine for use in tractors, you must
measure CO2 emissions using the applicable SET specified in
Sec.  1036.501, and measure CH4 and N2O emissions
using the specified transient cycle.
    (2) If you are certifying the engine for use in vocational
applications, you must measure CO2, CH4, and
N2O emissions using the specified transient duty cycle,
including cold-start and hot-start testing as specified in Sec.
1036.501.
    (3) You may certify your engine family for both tractor and
vocational use by submitting CO2 emission data from both SET
and transient cycle testing and specifying FCLs for both.
    (4) Some of your engines certified for use in tractors may also be
used in vocational vehicles, and some of your engines certified for use
in vocational may be used in tractors. However, you may not knowingly
circumvent the intent of this part (to reduce in-use emissions of
CO2) by certifying engines designed for tractors or
vocational vehicles (and rarely used in the other application) to the
wrong cycle. For example, we would generally not allow you to certify
all your engines to the SET without certifying any to the transient
cycle.
    (c) We may perform confirmatory testing by measuring emissions from
any of your emission-data engines. If your certification includes
powertrain testing as specified in Sec.  1036.630, this paragraph (c)
also applies for the powertrain test results.
    (1) We may decide to do the testing at your plant or any other
facility. If we do this, you must deliver the engine to a test facility
we designate. The engine you provide must include appropriate
manifolds, aftertreatment devices, electronic control units, and other
emission-related components not normally attached directly to the
engine block. If we do the testing at your plant, you must schedule it
as soon as possible and make available the instruments, personnel, and
equipment we need.
    (2) If we measure emissions on your engine, the results of that
testing become the official emission results for the engine as
specified in this paragraph (c). Unless we later invalidate these data,
we may decide not to consider your data in determining if your engine
family meets applicable requirements in this part.
    (3) Before we test one of your engines, we may set its adjustable
parameters to any point within the physically adjustable ranges.

    (4) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter. For example, we may calibrate it within normal
production tolerances for an engine parameter that is subject to
production variability because it is adjustable during production, but
is not considered an adjustable parameter (as defined in Sec.
1036.801) because it is permanently sealed. For parameters that relate
to a level of performance that is itself subject to a specified range
(such as maximum power output), we will generally perform any
calibration under this paragraph (c)(4) in a way that keeps performance
within the specified range.
    (5) We may use our emission test results for steady-state, idle,
cycle-average and powertrain fuel maps defined in Sec.  1036.503(b) as
the official emission results. We will not replace individual points
from your fuel map.
    (i) We will determine fuel masses, mfuel[cycle], and
mean idle fuel mass flow rates, mifuelidle, if applicable,
using the method described in Sec.  1036.535(h).
    (ii) We will perform this comparison using the weighted results
from GEM, using vehicles that are appropriate for the engine under
test. For example, we may select vehicles that the engine went into for
the previous model year.
    (iii) If you supply cycle-average engine fuel maps for the highway
cruise cycles instead of generating a steady-state fuel map for these
cycles, we may perform a confirmatory test of your engine fuel maps for
the highway cruise cycles by either of the following methods:
    (A) Directly measuring the highway cruise cycle-average fuel maps.
    (B) Measuring a steady-state fuel map as described in paragraph
(c)(5) of this section and using it in GEM to create our own cycle-
average engine fuel maps for the highway cruise cycles.
    (iv) We will replace fuel maps as a result of confirmatory testing
as follows:
    (A) Weight individual duty cycle results using the vehicle
categories determined in paragraph (c)(5)(i) of this section and
respective weighting factors in Table 1 of 40 CFR 1037.510 to determine
a composite CO2 emission value for each vehicle
configuration; then repeat the process for all the unique vehicle
configurations used to generate the manufacturer's fuel maps.
    (B) The average percent difference between fuel maps is calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.013

Where:

i = an indexing variable that represents one individual weighted
duty cycle result for a vehicle configuration.
N = total number of vehicle configurations.
eCO2compEPAi = unrounded composite mass of CO2
emissions in g/ton-mile for vehicle configuration i for the EPA
confirmatory test.
eCO2compManui = unrounded composite mass of
CO2 emissions in g/ton-mile for vehicle configuration i
for the manufacturer-declared map.

    (C) Where the unrounded average percent difference between our
composite weighted fuel map and the manufacturer's is greater than or
equal to 0%, we will not replace the manufacturer's maps, and we will
consider an individual engine to have passed the fuel map confirmatory
test.
* * * * *

0
104. Revise Sec.  1036.255 to read as follows:

Sec.  1036.255  What decisions may EPA make regarding a certificate of
conformity?

    (a) If we determine an application is complete and shows that the
engine family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for the engine family for that
model year. We may make the approval subject to additional conditions.
    (b) We may deny an application for certification if we determine
that an engine family fails to comply with emission standards or other
requirements of this part or the Clean Air Act. We will base our
decision on all available information. If we deny an application, we
will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke
a certificate of conformity if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements in
this part.
    (2) Submit false or incomplete information. This includes doing
anything after submitting an application that causes submitted
information to be false or incomplete.
    (3) Cause any test data to become inaccurate.
    (4) Deny us from completing authorized activities (see 40 CFR
1068.20). This includes a failure to provide reasonable assistance.
    (5) Produce engines for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
    (6) Fail to supply requested information or amend an application to
include all engines being produced.
    (7) Take any action that otherwise circumvents the intent of the
Act or this part.
    (d) We may void a certificate of conformity if you fail to keep
records, send reports, or give us information as required under this
part or the Act. Note that these are also violations of 40 CFR
1068.101(a)(2).
    (e) We may void a certificate of conformity if we find that you
intentionally submitted false or incomplete information. This includes
doing anything after submitting an application that causes submitted
information to be false or incomplete after submission.
    (f) If we deny an application or suspend, revoke, or void a
certificate, you may ask for a hearing (see Sec.  1036.820).

0
105. Revise the heading for subpart D to read as follows:

Subpart D--Testing Production Engines and Hybrid Powertrains

0
106. Amend Sec.  1036.301 by revising paragraph (b)(2) to read as
follows:

Sec.  1036.301  Measurements related to GEM inputs in a selective
enforcement audit.

* * * * *
    (b) * * *
    (2) Evaluate cycle-average fuel maps by running GEM based on
simulated vehicle configurations representing the interpolated center
of every group of four test points that define a boundary of cycle work
and average engine speed divided by average vehicle speed. These
simulated vehicle configurations are defined from the four surrounding
points based on averaging values for vehicle mass, drag area (if
applicable), tire rolling resistance, tire size, and axle ratio. The
regulatory subcategory is defined by the regulatory subcategory of the
vehicle configuration with the greatest mass from those four test
points. Figure 1 of this section illustrates a determination of vehicle
configurations for engines used in tractors and Vocational Heavy-Duty
Vehicles (HDV) using a fixed tire size (see Sec.  1036.540(c)(3)(iii)).
The vehicle configuration from the upper-left quadrant is defined by
values for Tests 1, 2, 4, and 5 from Table 3 of Sec.  1036.540.
Calculate vehicle mass as the average of the values from the four
tests. Determine the weight reduction needed for GEM to simulate this
calculated vehicle mass by comparing the average vehicle mass to the
default vehicle mass for the vehicle subcategory from the four points
that has the greatest mass, with the understanding that two-thirds of
weight reduction for tractors is applied to vehicle weight and one-
third is understood to represent increased payload. This is expressed
mathematically as Mavg = Msubcategory - \2/3\
[middot] Mreduction, which can be solved for Mreduction. For
vocational vehicles, half of weight reduction is applied to vehicle
weight and half is understood to represent increased payload. Use the
following values for default vehicle masses by vehicle subcategory:

 Table 1 of Sec.   1036.301--Default Vehicle Mass by Vehicle Subcategory
------------------------------------------------------------------------
                                                               Default
                    Vehicle subcategory                        vehicle
                                                              mass  (kg)
------------------------------------------------------------------------
Vocational Light HDV.......................................        7,257
Vocational Medium HDV......................................       11,408
Class 7 Mid-Roof Day Cab...................................       20,910
Class 8 Mid-Roof Day Cab...................................       29,529
Class 8 High-Roof Sleeper Cab..............................       31,978
Heavy-Haul Tractor.........................................       53,750
------------------------------------------------------------------------

* * * * *

0
107. Amend Sec.  1036.501 by revising paragraph (g) and adding
paragraph (h) to read as follows:

Sec.  1036.501  How do I run a valid emission test?

* * * * *
    (g) The following additional provisions apply for testing to
demonstrate compliance with the emission standards in Sec.  1036.108
for model year 2016 through 2020 engines:
    (1) Measure CO2, CH4, and N2O
emissions using the transient cycle specified in either 40 CFR 86.1333
or Sec.  1036.510.
    (2) For engines subject to SET testing under Sec.  1036.108(a)(1),
measure CO2 emissions using the SET specified in 40 CFR
86.1362.
    (h) The following additional provisions apply for testing to
demonstrate compliance with the emission standards in Sec.  1036.108
for model year 2021 and later engines:
    (1) If your engine is intended for installation in a vehicle
equipped with stop-start technology, you may turn the engine off during
the idle portions of the duty cycle to represent in-use operation,
consistent with good engineering judgment. We recommend installing an
engine starter motor and allowing the engine's Electronic Control Unit
(ECU) to control the engine stop and start events.
    (2) For engines subject to SET testing under Sec.  1036.108(a)(1),
use one of the following methods to measure CO2 emissions:
    (i) Use the SET duty cycle specified in Sec.  1036.505 using either
continuous or batch sampling.
    (ii) Measure CO2 emissions over the SET duty cycle
specified in 40 CFR 86.1362 using continuous sampling. Integrate the
test results by mode to establish separate emission rates for each mode
(including the transition following each mode, as applicable). Apply
the CO2 weighting factors specified in 40 CFR 86.1362 to
calculate a composite emission result.
    (3) Measure CO2, CH4, and N2O
emissions over the transient cycle specified in either 40 CFR 86.1333
or Sec.  1036.510.
    (4) Measure or calculate emissions of criteria pollutants
corresponding to your measurements to demonstrate compliance with
CO2 standards in subpart B of this part. These test results
are not subject to the duty-cycle standards of 40 CFR part 86, subpart
A.

0
108. Add Sec.  1036.503 to read as follows:

Sec.  1036.503  Engine data and information for vehicle certification.

    You must give vehicle manufacturers information as follows so they
can certify model year 2021 and later vehicles:
    (a) Identify engine make, model, fuel type, combustion type, engine
family name, calibration identification, and engine displacement. Also
identify which standards the engines meet.
    (b) This paragraph (b) describes four different methods to generate
engine fuel maps. For engines without hybrid components or mild hybrid
where you choose not to include hybrid components in the test, you must
generate fuel maps using either paragraph (b)(1) or (2) of this
section. For mild hybrid engines where you choose to include the hybrid
components in the test and for hybrid engines, you must generate fuel
maps using paragraph (b)(4) of this section. For all other hybrids,
powertrains, and for vehicles where the transmission is not automatic,
automated manual, manual, or dual-clutch you must use paragraph (b)(3)
of this section.
    (1) Combined steady-state and cycle-average. Determine steady-state
engine fuel maps and fuel consumption at idle as described in Sec.
1036.535(b) and (c) respectively, and determine cycle-average engine
fuel maps as described in Sec.  1036.540, excluding cycle-average fuel
maps for highway cruise cycles.
    (2) Cycle-average. Determine fuel consumption at idle as described
in Sec.  1036.535(c) and (d), and determine cycle-average engine fuel
maps as described in Sec.  1036.540, including cycle-average engine
fuel maps for highway cruise cycles. In this case, you do not need to
determine steady-state engine fuel maps under Sec.  1036.535(b). Fuel
mapping for highway cruise cycles using cycle-average testing is an
alternate method, which means that we may do confirmatory testing based
on steady-state fuel mapping for highway cruise cycles even if you do
not; however, we will use the steady-state fuel maps to create cycle-
average fuel maps. In Sec.  1036.540 we define the vehicle
configurations for testing; we may add more vehicle configurations to
better represent your engine's operation for the range of vehicles in
which your engines will be installed (see 40 CFR 1065.10(c)(1)).
    (3) Powertrain. Generate a powertrain fuel map as described in 40
CFR 1037.550. In this case, you do not need to perform fuel mapping
under Sec.  1036.535 or Sec.  1036.540. The option in 40 CFR
1037.550(b)(2) is only allowed for hybrid powertrain testing.
    (4) Hybrid engine. Determine fuel consumption at idle as described
in Sec.  1036.535(c) and (d), and determine cycle-average engine fuel
maps as described in Sec.  1037.550, including cycle-average engine
fuel maps for highway cruise cycles.

    (c) Provide the following information if you generate engine fuel
maps using either paragraph (b)(1), (2), or (4) of this section:
    (1) Full-load torque curve for installed engines, and the full-load
torque curve of the engine (parent engine) with the highest fueling
rate that shares the same engine hardware, including the turbocharger,
as described in 40 CFR 1065.510. You may use 40 CFR 1065.510(b)(5)(i)
for engines subject to spark-ignition standards. Measure the torque
curve for hybrid engines that have an RESS as described in 40 CFR
1065.510(g)(2) with the hybrid system active. For hybrid engines that
do not include an RESS follow 40 CFR 1065.510(b)(5)(ii).
    (2) Motoring torque map as described in 40 CFR 1065.510(c)(2) and
(5) for conventional and hybrid engines, respectively. For engines with
a low-speed governor, remove data points where the low speed governor
is active. If you don't know when the low-speed governor is active, we
recommend removing all points below 40 r/min above the low warm idle
speed.
    (3) Declared engine idle speed. For vehicles with manual
transmissions, this is the engine speed with the transmission in
neutral. For all other vehicles, this is the engine's idle speed when
the transmission is in drive.
    (4) The engine idle speed during the transient cycle-average fuel
map.
    (5) The engine idle torque during the transient cycle-average fuel
map.
    (d) If you generate powertrain fuel maps using paragraph (b)(3) of
this section, determine the system continuous rated power according to
Sec.  1036.527.

0
109. Revise Sec.  1036.505 to read as follows:

Sec.  1036.505  Supplemental emission test.

    (a) Starting in model year 2021, you must measure CO2
emissions using the SET duty cycle in 40 CFR 86.1362 as described in
Sec.  1036.501, or using the SET duty cycle in this section.
    (b) Perform SET testing with one of the following procedures:
    (1) For engine testing, the SET duty cycle is based on normalized
speed and torque values relative to certain maximum values. Denormalize
torque as described in 40 CFR 1065.610(d). Denormalize speed as
described in 40 CFR 1065.512.
    (2) For hybrid powertrain and hybrid engine testing, follow 40 CFR
1037.550 to carry out the test, but do not compensate the duty cycle
for the distance driven as described in 40 CFR 1037.550(g)(4), for
hybrid engines select the transmission from Table 1 of Sec.  1036.540
substituting ``engine'' for ``vehicle'' and ``highway cruise cycle''
for ``SET'', and cycles do not follow 40 CFR 1037.550(j). For cycles
that begin with a set of contiguous idle points, leave the transmission
in neutral or park for the full initial idle segment. Place the
transmission into drive within 5 seconds of the first nonzero vehicle
speed setpoint. Place the transmission into park or neutral when the
cycle reaches SET mode 14. Use the following vehicle parameters in
place of those in 40 CFR 1037.550 to define the vehicle model in 40 CFR
1037.550(a)(3):
    (i) Determine the vehicle test mass, M, as follows:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.014

Where:

Pcontrated = the continuous rated power of the hybrid
system determined in Sec.  1036.527.
Pcontrated = 350.1 kW
M = 15.1[middot]350.1\1.31\ = 32499 kg

    (ii) Determine the vehicle frontal area, Afront, as
follows:
    (A) For M <= 18050 kg:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.015

Example:

M = 16499 kg
Afront = -169 [middot] 10-8 [middot] 16499\2\ +
6.33 [middot] 10-4 [middot] 16499 + 1.67 = 7.51 m\2\

    (B) For M > 18050 kg, Afront = 7.59 m\2\.
    (iii) Determine the vehicle drag area, CdA, as follows:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.016

Where:

g = gravitational constant = 9.80665 m/s\2\.
[rho] = air density at reference conditions. Use [rho] = 1.1845 kg/
m\3\.
[GRAPHIC] [TIFF OMITTED] TR29JN21.017

    (iv) Determine the coefficient of rolling resistance,
Crr, as follows:

[GRAPHIC] [TIFF OMITTED] TR29JN21.018

    (vii) Select a drive axle ratio, ka, that represents the
worst-case pair of drive axle ratio and tire size for CO2
expected for vehicles in which the powertrain will be installed. This
is typically the highest numeric axle ratio.
    (viii) Select a tire radius, r, that represents the worst-case pair
of tire size and drive axle ratio for CO2 expected for
vehicles in which the powertrain will be installed. This is typically
the smallest tire radius.
    (ix) If you are certifying a hybrid powertrain system without the
transmission, use a default transmission efficiency of 0.95. If you
certify with this configuration, you must use 40 CFR 1037.550(a)(3)(ii)
to create the vehicle model along with its default transmission shift
strategy. Use the transmission parameters defined in Table 1 of Sec.
1036.540 to determine transmission type and gear ratio. For Light and
Medium HDVs, use the Light and Medium HDV parameters for the FTP and
SET. For Tractors and Heavy HDVs, use the Tractor and Heavy HDV
transient cycle parameters for the FTP and the Tractor and Heavy HDV
highway cruise cycle parameters for the SET.
    (x) Select axle efficiency, Effaxle, according to 40 CFR
1037.550.
    (c) Measure emissions using the SET duty cycle shown in Table 1 of
this section to determine whether engines and hybrid powertrains meet
the steady-state compression-ignition standards specified in subpart B
of this part. Table 1 of this section specifies settings for engine and
hybrid powertrain testing, as follows:
    (1) The duty cycle for testing engines involves a schedule of
normalized engine speed and torque values.
    (2) The duty cycle for hybrid powertrain testing involves a
schedule of vehicle speeds and road grade.
    (i) Determine road grade at each point based on the continuous
rated power of the hybrid powertrain system, Pcontrated, in
kW determined in Sec.  1036.527, the vehicle speed (A, B, or C) in mi/
hr for a given SET mode, vref[speed], and the specified road
grade coefficients using the following equation:

[GRAPHIC] [TIFF OMITTED] TR29JN21.019

Example for SET mode 3a in Table 1 to this section:

Pcontrated = 345.2 kW
vrefB = 59.3 mi/hr
Road grade = 8.296 [middot] 10-9 [middot] 345.2\3\ + (-4.752
[middot] 10-7) [middot] 345.2\2\ [middot] 59.3 + 1.291
[middot] 10-5 [middot] 345.2\2\ + 2.88 [middot]
10-4 [middot] 59.3\2\ [middot] 4.524 [middot]
10-4 [middot] 345.2 [middot] 59.3 + (-1.802 [middot]
10-2) [middot] 345.2 + (-1.83 [middot] 10-1)
[middot] 59.3 + 8.81 = 0.53%

    (ii) Use the vehicle C speed determined in Sec.  1036.527 and
determine the vehicle A and B speeds as follows:
    (A) Determine vehicle A speed using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.020

[GRAPHIC] [TIFF OMITTED] TR29JN21.021

[GRAPHIC] [TIFF OMITTED] TR29JN21.022

0
110. Revise Sec.  1036.510 to read as follows:

Sec.  1036.510  Transient testing.

    (a) Measure emissions by testing the engine or hybrid powertrain on
a dynamometer with one of the following transient duty cycles to
determine whether it meets the transient emission standards in subpart
B of this part:
    (1) For spark-ignition engines, use the transient duty cycle
described in paragraph (a) of appendix B of this part.
    (2) For compression-ignition engines, use the transient duty cycle
described in paragraph (b) of appendix B of this part.
    (3) For spark-ignition hybrid powertrains, use the transient duty
cycle described in paragraph (a) of appendix B of this part.
    (4) For compression-ignition hybrid powertrains, use the transient
duty cycle described in paragraph (b) of appendix B of this part.
    (b) Perform the following depending on if you are testing engines
or hybrid powertrains:
    (1) For engine testing, the transient duty cycles are based on
normalized speed and torque values relative to certain maximum values.
Denormalize torque as described in 40 CFR 1065.610(d). Denormalize
speed as described in 40 CFR 1065.512.
    (2) For hybrid powertrain testing, follow Sec.  1036.505(b)(2) to
carry out the test except replace Pcontrated with
Prated, the peak rated power determined in Sec.  1036.527,
keep the transmission in drive for all idle segments after the initial
idle segment, and for hybrid engines select the transmission from Table
1 of Sec.  1036.540 substituting ``engine'' for ``vehicle''. You may
request to change the engine commanded torque at idle to better
represent curb idle transmission torque (CITT).
    (c) The transient test sequence consists of an initial run through
the transient duty cycle from a cold start, 20 minutes with no engine
operation, then a final run through of the same transient duty cycle.
Emissions from engine starting is part of the both the cold and hot
test intervals. Calculate the total emission mass of each constituent,
m, and the total work, W, over each test interval according to 40 CFR
1065.650. Calculate the official transient emission result from the
cold-start and hot-start test intervals using the following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.023

    (d) Calculate cycle statistics and compare with the established
criteria as specified in 40 CFR 1065.514 for engines and 40 CFR
1037.550 for hybrid powertrains to confirm that the test is valid.

0
111. Amend Sec.  1036.525 by revising paragraphs (a), (d) introductory
text, and (d)(4) to read as follows:

Sec.  1036.525  Hybrid engines.

    (a) For model years 2014 through 2020, if your engine system
includes features that recover and store energy during engine motoring
operation, test the engine as described in paragraph (d) of this
section. For purposes of this section, features that recover energy
between the engine and transmission are considered related to engine
motoring.
* * * * *
    (d) Measure emissions using the same procedures that apply for
testing non-hybrid engines under this part, except as specified in this
part and 40 CFR part 1065. For SET testing, deactivate the hybrid
features unless we specify otherwise. The following provisions apply
for testing hybrid engines:
* * * * *
    (4) Limits on braking energy. Calculate brake energy fraction,
xb, as follows:
    (i) Calculate xb as the integrated negative work over
the cycle divided by the integrated positive work over the cycle
according to Eq. 1036.525-1. Calculate the brake energy limit for the
engine, xbl, according to Eq. 1036.525-2. If xb
is less than or equal to xbl, use the integrated positive
work for your emission calculations. If xb is greater than
xbl use Eq. 1036.525-3 to calculate an adjusted value for
cycle work, Wcycle, and use Wcycle as the work
value for calculating emission results. You may set an instantaneous
brake target that will prevent xb from being larger than
xbl to avoid the need to subtract extra brake work from
positive work.
[GRAPHIC] [TIFF OMITTED] TR29JN21.024

Where:

Wneg = the negative work over the cycle.
Wpos = the positive work over the cycle.
[GRAPHIC] [TIFF OMITTED] TR29JN21.025

Where:

Pmax = the maximum power of the engine with the hybrid
system engaged, in kW.
[GRAPHIC] [TIFF OMITTED] TR29JN21.026

Where:

Wcycle = cycle work when xb is greater than
xbl.

Example:

Wneg = 4.69 kW-hr
Wpos = 14.67 kW-hr
Pmax = 223 kW
[GRAPHIC] [TIFF OMITTED] TR29JN21.027

xbl = 4.158 [middot] 10-4 [middot] 223 + 0.2247 =
0.317423
since xb > xbl;

Wcycle = 14.67-([verbar]4.69[verbar]-0.317423 [middot]
0.317423 [middot] 14.67) = 14.6365 kW-hr

    (ii) Convert from g/kW-hr to g/hp-hr as the final step in
calculating emission results.
* * * * *

0
112. Add Sec.  1036.527 to read as follows:

Sec.  1036.527  Powertrain system rated power determination.

    This section describes how to determine the peak and continuous
rated power of conventional and hybrid powertrain systems and the
vehicle speed for carrying out testing according

to Sec. Sec.  1036.505 and 1036.510 and 40 CFR 1037.550.
    (a) Set up the powertrain according to 40 CFR 1037.550, but use the
vehicle parameters in Sec.  1036.505(b)(2), except replace
Pcontrated with the manufacturer declared system peak power
and use applicable automatic transmission for the engine. Note that if
you repeat the system rated power determination as described in
paragraph (f)(4) of this section, use the measured system peak power in
place of Pcontrated.
    (b) Prior to the start of each test interval verify the following:
    (1) The state-of-charge of the rechargeable energy storage system
(RESS) is >=90% of the operating range between the minimum and maximum
RESS energy levels specified by the manufacturer.
    (2) The conditions of all hybrid system components are within their
normal operating range as declared by the manufacturer.
    (3) RESS restrictions (e.g., power limiting, thermal limits, etc.)
are not active.
    (c) Carry out the test as follows:
    (1) Warm up the powertrain by operating it. We recommend operating
the powertrain at any vehicle speed and road grade that achieves
approximately 75% of its expected maximum power. Continue the warm-up
until the engine coolant, block, or head absolute temperature is within
2% of its mean value for at least 2 min or until the engine
thermostat controls engine temperature.
    (2) Start the test by keying on the powertrain and letting it sit
at 0 mi/hr for 50 seconds.
    (3) Set maximum driver demand for a full load acceleration at 6%
road grade starting at an initial vehicle speed of 0 mi/hr.
    (4) 268 seconds after the initiation of paragraph (c)(3) of this
section, linearly ramp the grade from 6% to 0% over 300 seconds. Stop
the test after the vehicle speed has stopped increasing above the
maximum value observed during the test.
    (d) Record the powertrain system angular speed and torque values
measured at the dynamometer at 100 Hz and use these in conjunction with
the vehicle model to calculate Psys,vehicle.
    (e) Calculate the system power, Psys, for each data
point as follows:
    (1) For testing with the speed and torque measurements at the
transmission input shaft, Psys is equal to the calculated
vehicle system peak power, Psys,vehicle, determined in
paragraphs (c) through (d) of this section.
    (2) For testing with the speed and torque measurements at the axle
input shaft or the wheel hubs, determine Psys using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR29JN21.028

Where:

Psys,vehicle = the calculated vehicle system peak power.
[egr]trans = the default transmission efficiency = 0.95.
[egr]axle = the default axle efficiency. Set this value =
1 for speed and torque measurement at the axle input shaft or =
0.955 at the wheel hubs.

Example:

Psys,vehicle = 317.6 kW
[GRAPHIC] [TIFF OMITTED] TR29JN21.029

    (f) The system peak rated power, Prated, is the highest
calculated Psys where the coefficient of variation (COV)
<2%. The COV is determined as follows:
    (1) Calculate the standard deviation, [sigma](t).
    [GRAPHIC] [TIFF OMITTED] TR29JN21.030

Where:

N = the number of measurement intervals = 20.
Psysi = the N samples in the 100 Hz signal previously
used to calculate the respective P[mu](t) values at the time step t.
P[mu](t) = the power vector from the results of each test run that
is determined by a moving averaging of 20 consecutive samples of
Psys in the 100 Hz that converts P[mu](t) to a 5 Hz signal.

    (2) The resulting 5 Hz power and covariance signals are used to
determine system rated power.
    (3) The coefficient of variation COV(t) shall be calculated as the
ratio of the standard deviation, [sigma](t), to the mean value of
power, P[mu](t), for each time step t.
[GRAPHIC] [TIFF OMITTED] TR29JN21.031

    (4) If the determined system peak rated power is not within 3% of the system peak rated power as declared by the
manufacturer, you must repeat the procedure in paragraphs (a) through
(f)(3) of this section using the measured system peak rated power
determined in paragraph (f) of this section instead of the manufacturer
declared value. The result from this repeat is the final determined
system peak rated power.
    (5) If the determined system peak rated power is within 3% of the system peak rated power as declared by the
manufacturer, the declared system peak rated power shall be used.
    (g) Determine continuous rated power as follows:
    (1) For conventional powertrains, Pcontrated equals
Prated.
    (2) For hybrid powertrains, continuous rated power,
Pcontrated, is the maximum measured power from the data
collected in paragraph (c)(3) of this section that meets the
requirements in paragraph (f) of this section.
    (h) Vehicle C speed, [nu]refC, is determined as follows:
    (1) For powertrains where Psys is greater than 0.98
[middot] Pcontrated in top gear at more than one vehicle
speed, [nu]refC is the average of the minimum and maximum
vehicle speeds from the data collected in paragraph (c)(4) of this
section that meets the requirements in paragraph (f) of this section.
    (2) For powertrains where Psys is not greater than 0.98
[middot] Pcontrated in top gear at more than one vehicle
speed, [nu]refC is the maximum vehicle speed from the data
collected in paragraph (c)(4) of this section that meets the
requirements in paragraph (f) of this section where Psys is
great than 0.98 [middot] Pcontrated.

0
113. Revise Sec.  1036.530 to read as follows:

Sec.  1036.530  Calculating greenhouse gas emission rates.

    This section describes how to calculate official emission results
for CO2, CH4, and N2O.
    (a) Calculate brake-specific emission rates for each applicable
duty cycle as specified in 40 CFR 1065.650. Apply infrequent
regeneration adjustment factors to your CO2 emission results
for each duty cycle as described in 40 CFR 86.004-28 starting in model
year 2021. You may optionally apply infrequent regeneration adjustment
factors for CH4 and N2O.
    (b) Adjust CO2 emission rates calculated under paragraph
(a) of this section for measured test fuel properties as specified in
this paragraph (b). This adjustment is intended to make official
emission results independent of differences in test fuels within a fuel
type. Use good engineering judgment to develop and apply testing
protocols to

minimize the impact of variations in test fuels.
    (1) Determine your test fuel's mass-specific net energy content,
Emfuelmeas, also known as lower heating value, in MJ/kg,
expressed to at least three decimal places. Determine
Emfuelmeas as follows:
    (i) For liquid fuels, determine Emfuelmeas according to
ASTM D4809 (incorporated by reference in Sec.  1036.810). Have the
sample analyzed by at least three different labs and determine the
final value of your test fuel's Emfuelmeas as the median all
of the lab results you obtained. If you have results from three
different labs, we recommend you screen them to determine if additional
observations are needed. To perform this screening, determine the
absolute value of the difference between each lab result and the
average of the other two lab results. If the largest of these three
resulting absolute value differences is greater than 0.297 MJ/kg, we
recommend you obtain additional results prior to determining the final
value of Emfuelmeas.
    (ii) For gaseous fuels, determine Emfuelmeas according
to ASTM D3588 (incorporated by reference in Sec.  1036.810).
    (2) Determine your test fuel's carbon mass fraction, wC,
as described in 40 CFR 1065.655(d), expressed to at least three decimal
places; however, you must measure fuel properties rather than using the
default values specified in Table 1 of 40 CFR 1065.655.
    (i) For liquid fuels, have the sample analyzed by at least three
different labs and determine the final value of your test fuel's
wC as the median of all of the lab results you obtained. If
you have results from three different labs, we recommend you screen
them to determine if additional observations are needed. To perform
this screening, determine the absolute value of the difference between
each lab result and the average of the other two lab results. If the
largest of these three resulting absolute value differences is greater
than 1.56 percent carbon, we recommend you obtain additional results
prior to determining the final value of wC.
    (ii) For gaseous fuels, have the sample analyzed by a single lab
and use that result as your test fuel's wC.
    (3) If, over a period of time, you receive multiple fuel deliveries
from a single stock batch of test fuel, you may use constant values for
mass-specific energy content and carbon mass fraction, consistent with
good engineering judgment. To use this paragraph (b)(3), you must
demonstrate that every subsequent delivery comes from the same stock
batch and that the fuel has not been contaminated.
    (4) Correct measured CO2 emission rates as follows:
    [GRAPHIC] [TIFF OMITTED] TR29JN21.032

Where:

eCO2 = the calculated CO2 emission result.
Emfuelmeas = the mass-specific net energy content of the
test fuel as determined in paragraph (b)(1) of this section. Note
that dividing this value by wCmeas (as is done in this
equation) equates to a carbon-specific net energy content having the
same units as EmfuelCref.
EmfuelCref = the reference value of carbon-mass-specific
net energy content for the appropriate fuel type, as determined in
Table 1 of this section.
wCmeas = carbon mass fraction of the test fuel (or
mixture of test fuels) as determined in paragraph (b)(2) of this
section.

Example:

eCO2 = 630.0 g/hp[middot]hr
Emfuelmeas = 42.528 MJ/kg
EmfuelCref = 49.3112 MJ/kgC
wCmeas = 0.870
[GRAPHIC] [TIFF OMITTED] TR29JN21.033

eCO2cor = 624.5 g/hp[middot]hr

                              Table 1 to Sec.   1036.530--Reference Fuel Properties
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                                                      Reference fuel carbon-mass-        Reference fuel carbon