the these criteria.
    (d) Describe the engines you selected for testing and the reasons
for selecting them.
    (e) Describe the test equipment and procedures that you used,
including the duty cycle(s) and the corresponding engine applications.
Also describe any special or alternate test procedures you used.
    (f) Describe how you operated the emission-data engine before
testing, including the duty cycle and the number of engine operating
hours used to stabilize emission levels. Explain why you selected the
method of service accumulation. Describe any scheduled maintenance you
did.
    (g) List the specifications of the test fuel to show that it falls
within the required ranges we specify in 40 CFR part 1065. See Sec.
1042.801 if your certification is based on the use of special fuels or
additives.
    (h) Identify the engine family's useful life.
    (i) Include the maintenance and warranty instructions you will give
to the owner/operator (see Sec. Sec.  1042.120 and 1042.125).
    (j) Include the emission-related installation instructions you will
provide if someone else installs your engines in a vessel (see Sec.
1042.130).
    (k) Describe your emission control information label (see Sec.
1042.830).
    (l) Identify the engine family's deterioration factors and describe
how you developed them (see Sec.  1042.245). Present any emission test
data you used for this.
    (m) State that you operated your emission-data engines as described
in the application (including the test procedures, test parameters, and
test fuels) to show you meet the requirements of this part.
    (n) Present emission data for HC, NOX, PM, and CO as
required by Sec.  1042.820. Show emission figures before and after
applying adjustment factors for regeneration and deterioration factors
for each pollutant and for each engine.
    (o) Report all test results, including those from invalid tests,
whether or not they were conducted according to the test procedures of
subpart F of this part. If you measure CO2, report those
emission levels. We may ask you to send other information to confirm
that your tests were valid under the requirements of this part and 40
CFR part 1065.
    (p) Describe all adjustable operating parameters (see Sec.
1042.115(d)), including production tolerances. Include the following in
your description of each parameter:
    (1) The nominal or recommended setting.
    (2) The intended physically adjustable range.
    (3) The limits or stops used to establish adjustable ranges.
    (4) For Category 1 engines, information showing why the limits,
stops, or other means of inhibiting adjustment are effective in
preventing adjustment of parameters on in-use engines to settings
outside your intended physically adjustable ranges.
    (5) For Category 2 engines, propose a range of adjustment for each
adjustable parameter, as described in Sec.  1042.115(d). Include
information showing why the limits, stops, or other means of inhibiting
adjustment are effective in preventing adjustment of parameters on in-
use engines to settings outside your proposed adjustable ranges.
    (q) Unconditionally certify that all the engines in the engine
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act.
    (r) Include the information required by other subparts of this
part.
    (s) Include other applicable information, such as information
specified in this part or 40 CFR part 1068 related to requests for
exemptions.
    (t) Name an agent for service located in the United States. Service
on this agent constitutes service on you or any of your officers or
employees for any action by EPA or otherwise by the United States
related to the requirements of this part.
    (u) If you are not the original manufacturer of the engine, include
a summary of your contact with the original manufacturer of the engine
and provide to us any documentation

provided to you by the original manufacturer.

Sec.  1042.845  Remanufactured engine families.

    (a) For purposes of certification, divide your product line into
families of engines that are expected to have similar emission
characteristics throughout the useful life as described in this
section. You may not group Category 1 and Category 2 engines in the
same family.
    (b) In general, group engines in the same engine family if they are
the same in all the following aspects:
    (1) The combustion cycle and fuel (the fuels with which the engine
is intended or designed to be operated).
    (2) The cooling system (for example, raw-water vs. separate-circuit
cooling).
    (3) Method of air aspiration.
    (4) Method of exhaust aftertreatment (for example, catalytic
converter or particulate trap).
    (5) Combustion chamber design.
    (6) Nominal bore and stroke.
    (7) Method of control for engine operation other than governing
(i.e., mechanical or electronic).
    (8) Original engine manufacturer.
    (c) Alternatively, you may ask us to allow you to include other
engine configurations in your engine family, consistent with good
engineering judgment.
    (d) Do not include in your family any configurations for which good
engineering judgment indicates that your emission controls are unlikely
to provide PM emission reductions similar to the configuration(s)
tested.

Sec.  1042.850  Exemptions and hardship relief.

    This section describes exemption and hardship provisions that are
available for owner/operators of engine subject to the provisions of
this subpart.
    (a) Vessels owned and operated by entities that meet the size
criterion of this paragraph (a) are exempt from the requirements of
this subpart I. To be exempt, your gross annual revenue for the
calendar year before the remanufacture must be less than $5,000,000 in
2008 dollars or the equivalent value for future years based on the
Bureau of Labor Statistics' Producer Price Index (see www.bls.gov).
Include all revenues from any parent company and its subsidiaries. The
exemption applies only for years in which you meet this criterion.
    (b) In unusual circumstances, we may exempt you from an otherwise
applicable requirement that you apply a certified remanufacturing
system when remanufacturing your marine engine.
    (1) To be eligible, you must demonstrate that all of the following
are true:
    (i) Unusual circumstances prevent you from meeting requirements
from this chapter.
    (ii) You have taken all reasonable steps to minimize the extent of
the nonconformity.
    (iii) Not having the exemption will jeopardize the solvency of your
company.
    (iv) No other allowances are available under the regulations in
this chapter to avoid the impending violation.
    (2) Send the Designated Compliance Officer a written request for an
exemption before you are in violation.
    (3) We may impose other conditions, including provisions to use an
engine meeting less stringent emission standards or to recover the lost
environmental benefit.
    (4) In determining whether to grant the exemptions, we will
consider all relevant factors, including the following:
    (i) The number of engines to be exempted.
    (ii) The size of your company and your ability to endure the
hardship.
    (iii) The length of time a vessel is expected to remain in service.
    (c) If you believe that a remanufacturing system that we identified
as being available cannot be installed without significant modification
of your vessel, you may ask us to determine that a remanufacturing
system is not considered available for your vessel because the cost
would be excessive.

Subpart J--Definitions and Other Reference Information

Sec.  1042.901  Definitions.

    The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Clean Air Act gives to them. The definitions follow:
    Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or engine performance
during emission testing or normal in-use operation. This includes, but
is not limited to, parameters related to injection timing and fueling
rate. You may ask us to exclude a parameter that is difficult to access
if it cannot be adjusted to affect emissions without significantly
degrading engine performance, or if you otherwise show us that it will
not be adjusted in a way that affects emissions during in-use
operation.
    Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation and turbochargers are not
aftertreatment.
    Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
    Annex VI Technical Code means the ``Technical Code on Control of
Emission of Nitrogen Oxides from Marine Diesel Engines, 1997,'' adopted
by the International Maritime Organization (incorporated by reference
in Sec.  1042.910).
    Applicable emission standard or applicable standard means an
emission standard to which an engine is subject; or, where an engine
has been or is being certified to another standard or FEL, applicable
emission standards means the FEL and other standards to which the
engine has been or is being certified. This definition does not apply
to subpart H of this part.
    Auxiliary emission control device means any element of design that
senses temperature, vessel speed, engine RPM, transmission gear, or any
other parameter for the purpose of activating, modulating, delaying, or
deactivating the operation of any part of the emission control system.
    Base engine means a land-based engine to be marinized, as
configured prior to marinization.
    Baseline emissions has the meaning given in Sec.  1042.825.
    Brake power means the usable power output of the engine, not
including power required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
    Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
    Carryover means the process of obtaining a certificate for one
model year using the same test data from the preceding model year, as
described in Sec.  1042.235(d). This generally requires that the
locomotives in the engine family do not differ in any aspect related to
emissions.
    Category 1 means relating to a marine engine with specific engine
displacement below 7.0 liters per cylinder.

    Category 2 means relating to a marine engine with a specific engine
displacement at or above 7.0 liters per cylinder but less than 30.0
liters per cylinder.
    Category 3 means relating to a marine engine with a specific engine
displacement at or above 30.0 liters per cylinder.
    Certification means relating to the process of obtaining a
certificate of conformity for an engine family that complies with the
emission standards and requirements in this part.
    Certified emission level means the highest deteriorated emission
level in an engine family for a given pollutant from either transient
or steady-state testing.
    Clean Air Act means the Clean Air Act, as amended, 42 U.S.C. 7401-
7671q.
    Commercial means relating to an engine or vessel that is not a
recreational marine engine or a recreational vessel.
    Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine. Note
that marine engines powered by natural gas with maximum engine power at
or above 250 kW are deemed to be compression-ignition engines in Sec.
1042.1.
    Constant-speed engine means an engine whose certification is
limited to constant-speed operation. Engines whose constant-speed
governor function is removed or disabled are no longer constant-speed
engines.
    Constant-speed operation has the meaning given in 40 CFR 1065.1001.
    Crankcase emissions means airborne substances emitted to the
atmosphere from any part of the engine crankcase's ventilation or
lubrication systems. The crankcase is the housing for the crankshaft
and other related internal parts.
    Critical emission-related component means any of the following
components:
    (1) Electronic control units, aftertreatment devices, fuel-metering
components, EGR-system components, crankcase-ventilation valves, all
components related to charge-air compression and cooling, and all
sensors and actuators associated with any of these components.
    (2) Any other component whose primary purpose is to reduce
emissions.
    Days means calendar days, unless otherwise specified. For example,
where we specify working days, we mean calendar days excluding weekends
and U.S. national holidays.
    Designated Compliance Officer means the Manager, Heavy-Duty and
Nonroad Engine Group (6403-J), U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Deteriorated emission level means the emission level that results
from applying the appropriate deterioration factor to the official
emission result of the emission-data engine.
    Deterioration factor means the relationship between emissions at
the end of useful life and emissions at the low-hour test point (or
between highest and lowest emission levels, if applicable), expressed
in one of the following ways:
    (1) For multiplicative deterioration factors, the ratio of
emissions at the end of useful life to emissions at the low-hour test
point.
    (2) For additive deterioration factors, the difference between
emissions at the end of useful life and emissions at the low-hour test
point.
    Diesel fuel has the meaning given in 40 CFR 80.2. This generally
includes No. 1 and No. 2 petroleum diesel fuels and biodiesel fuels.
    Discrete-mode means relating to the discrete-mode type of steady-
state test described in Sec.  1042.505.
    Emission control system means any device, system, or element of
design that controls or reduces the emissions of regulated pollutants
from an engine.
    Emission-data engine means an engine that is tested for
certification. This includes engines tested to establish deterioration
factors.
    Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
    Engine has the meaning given in 40 CFR 1068.30. This includes
complete and partially complete engines.
    Engine configuration means a unique combination of engine hardware
and calibration within an engine family. Engines within a single engine
configuration differ only with respect to normal production
variability.
    Engine family has the meaning given in Sec.  1042.230.
    Engine manufacturer means a manufacturer of an engine. See the
definition of ``manufacturer'' in this section.
    Engineering analysis means a summary of scientific and/or
engineering principles and facts that support a conclusion made by a
manufacturer, with respect to compliance with the provisions of this
part.
    Excluded means relating to an engine that either:
    (1) Has been determined not to be a nonroad engine, as specified in
40 CFR 1068.30; or
    (2) Is a nonroad engine that, according to Sec.  1042.5, is not
subject to this part 1042.
    Exempted has the meaning given in 40 CFR 1068.30.
    Exhaust-gas recirculation means a technology that reduces emissions
by routing exhaust gases that had been exhausted from the combustion
chamber(s) back into the engine to be mixed with incoming air before or
during combustion. The use of valve timing to increase the amount of
residual exhaust gas in the combustion chamber(s) that is mixed with
incoming air before or during combustion is not considered exhaust-gas
recirculation for the purposes of this part.
    Family emission limit (FEL) means an emission level declared by the
manufacturer to serve in place of an otherwise applicable emission
standard under the ABT program in subpart H of this part. The family
emission limit must be expressed to the same number of decimal places
as the emission standard it replaces. The family emission limit serves
as the emission standard for the engine family with respect to all
required testing.
    Freshly manufactured marine engine means a new marine engine that
has not been remanufactured. An engine becomes freshly manufactured
when it is originally manufactured.
    Foreign vessel means a vessel of foreign registry or a vessel
operated under the authority of a country other than the United States.
    Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents.
    Fuel type means a general category of fuels such as gasoline,
diesel fuel, residual fuel, or natural gas. There can be multiple
grades within a single fuel type, such as high-sulfur or low-sulfur
diesel fuel.
    Good engineering judgment has the meaning given in 40 CFR 1068.30.
See 40 CFR 1068.5 for the administrative process we use to evaluate
good engineering judgment.
    Green Engine Factor means a factor that is applied to emission
measurements from a Category 2 engine that has had little or no service
accumulation. The Green Engine Factor adjusts emission measurements to
be equivalent to emission measurements from an engine that has had
approximately 300 hours of use.
    High-sulfur diesel fuel means one of the following:

    (1) For in-use fuels, high-sulfur diesel fuel means a diesel fuel
with a maximum sulfur concentration above 500 parts per million.
    (2) For testing, high-sulfur diesel fuel has the meaning given in
40 CFR part 1065.
    Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type, as described in Sec.
1042.101(d).
    Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular engine from other similar engines.
    Low-hour means relating to an engine that has stabilized emissions
and represents the undeteriorated emission level. This would generally
involve less than 125 hours of operation for engines below 560 kW and
less than 300 hours for engines at or above 560 kW.
    Low-sulfur diesel fuel means one of the following:
    (1) For in-use fuels, low-sulfur diesel fuel means a diesel fuel
market as low-sulfur diesel fuel having a maximum sulfur concentration
of 500 parts per million.
    (2) For testing, low-sulfur diesel fuel has the meaning given in 40
CFR part 1065.
    Manufacture means the physical and engineering process of
designing, constructing, and assembling an engine or a vessel.
    Manufacturer has the meaning given in section 216(1) of the Clean
Air Act (42 U.S.C. 7550(1)). In general, this term includes any person
who manufactures an engine or vessel for sale in the United States or
otherwise introduces a new marine engine into U.S. commerce. This
includes importers who import engines or vessels for resale. It also
includes post-manufacture marinizers, but not dealers. All
manufacturing entities under the control of the same person are
considered to be a single manufacturer.
    Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. A fueling system is considered integral to
the vessel only if one or more essential elements are permanently
affixed to the vessel. There are two kinds of marine engines:
    (1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
    (2) Auxiliary marine engine means a marine engine not used for
propulsion.
    Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
    Maximum engine power has the meaning given in Sec.  1042.140.
    Maximum test power means the power output observed at the maximum
test speed with the maximum fueling rate possible.
    Maximum test speed has the meaning given in 40 CFR 1065.1001.
    Maximum test torque has the meaning given in 40 CFR 1065.1001.
    Model year means one of the following things:
    (1) For freshly manufactured marine engines (see definition of
``new marine engine,'' paragraph (1)), model year means one of the
following:
    (i) Calendar year.
    (ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year.
    (2) For an engine that is converted to a marine engine after
originally being placed into service as a motor-vehicle engine, a
nonroad engine that is not a marine engine, or a stationary engine,
model year means the calendar year in which the engine was converted
(see definition of ``new marine engine,'' paragraph (2)).
    (3) For a marine engine excluded under Sec.  1042.5 that is later
converted to operate in an application that is not excluded, model year
means the calendar year in which the engine was converted (see
definition of ``new marine engine, (paragraph (3)).
    (4) For engines that are not freshly manufactured but are installed
in new vessels, model year means the calendar year in which the engine
is installed in the new vessel (see definition of ``new marine
engine,'' paragraph (4)).
    (5) For imported engines:
    (i) For imported engines described in paragraph (5)(i) of the
definition of ``new marine engine,'' model year has the meaning given
in paragraphs (1) through (4) of this definition.
    (ii) For imported engines described in paragraph (5)(ii) of the
definition of new marine engine,'' model year means the calendar year
in which the engine is modified.
    (iii) For imported engines described in paragraph (5)(iii) of the
definition of ``new marine engine,'' model year means the calendar year
in which the importation occurs.
    (6) For freshly manufactured vessels, model year means the calendar
year in which the keel is laid or the vessel is at a similar stage of
construction. For vessels that become new as a result of substantial
modifications, model year means the calendar year in which the
modifications physically begin.
    (7) For remanufactured engines, model year means the calendar year
in which the remanufacture takes place.
    Motor vehicle has the meaning given in 40 CFR 85.1703(a).
    New marine engine means any of the following things:
    (1) A freshly manufactured marine engine for which the ultimate
purchaser has never received the equitable or legal title. This kind of
engine might commonly be thought of as ``brand new.'' In the case of
this paragraph (1), the engine is new from the time it is produced
until the ultimate purchaser receives the title or the product is
placed into service, whichever comes first.
    (2) An engine intended to be installed in a vessel that was
originally manufactured as a motor-vehicle engine, a nonroad engine
that is not a marine engine, or a stationary engine. In this case, the
engine is no longer a motor-vehicle, nonmarine, or stationary engine
and becomes a ``new marine engine.'' The engine is no longer new when
it is placed into marine service.
    (3) A marine engine that has been previously placed into service in
an application we exclude under Sec.  1042.5, where that engine is
installed in a vessel that is covered by this part 1042. The engine is
no longer new when it is placed into marine service covered by this
part 1042. For example, this would apply to an engine that is no longer
used in a foreign vessel.
    (4) An engine not covered by paragraphs (1) through (3) of this
definition that is intended to be installed in a new vessel. The engine
is no longer new when the ultimate purchaser receives a title for the
vessel or it is placed into service, whichever comes first. This
generally includes installation of used engines in new vessels.
    (5) A remanufactured marine engine. An engine becomes new when it
is remanufactured (as defined in this section) and ceases to be new
when placed back into service.
    (6) An imported marine engine, subject to the following provisions:
    (i) An imported marine engine covered by a certificate of
conformity issued under this part that meets the criteria of one or
more of paragraphs (1)

through (4) of this definition, where the original engine manufacturer
holds the certificate, is new as defined by those applicable
paragraphs.
    (ii) An imported remanufactured engine that would have been
required to be certified if it had been remanufactured in the United
States.
    (iii) An imported engine that will be covered by a certificate of
conformity issued under this part, where someone other than the
original engine manufacturer holds the certificate (such as when the
engine is modified after its initial assembly), is a new marine engine
when it is imported. It is no longer new when the ultimate purchaser
receives a title for the engine or it is placed into service, whichever
comes first.
    (iv) An imported marine engine that is not covered by a certificate
of conformity issued under this part at the time of importation is new,
but only if it was produced on or after the dates shown in the
following table. This addresses uncertified engines and vessels
initially placed into service that someone seeks to import into the
United States. Importation of this kind of engine (or vessel containing
such an engine) is generally prohibited by 40 CFR part 1068.

                   Applicability of Emission Standards for Compression-Ignition Marine Engines
----------------------------------------------------------------------------------------------------------------
                                                                                Initial model
                                                                       Per-cylinder displacement      year of
        Engine category and type                  Power (kW)                    (L/cyl)              emission
                                                                                standards
----------------------------------------------------------------------------------------------------------------
Category 1..............................  P < 19....................  All.......................            2000
Category 1..............................  19 <= P < 37..............  All.......................            1999
Category 1, Recreational................  P >= 37...................  disp. < 0.9...............            2007
Category 1, Recreational................  All.......................  0.9 <= disp. < 2.5........            2006
Category 1, Recreational................  All.......................  disp. >= 2.5..............            2004
Category 1, Commercial..................  P >= 37...................  disp. < 0.9...............            2005
Category 1, Commercial..................  All.......................  disp. [gteqt] 0.9.........            2004
Category 2 and 3........................  All.......................  disp. >= 5.0..............            2004
----------------------------------------------------------------------------------------------------------------

    New vessel means any of the following:
    (1) A vessel for which the ultimate purchaser has never received
the equitable or legal title. The vessel is no longer new when the
ultimate purchaser receives this title or it is placed into service,
whichever comes first.
    (2) For vessels with no Category 3 engines, a vessel that has been
modified such that the value of the modifications exceeds 50 percent of
the value of the modified vessel, excluding temporary modifications (as
defined in this section). The value of the modification is the
difference in the assessed value of the vessel before the modification
and the assessed value of the vessel after the modification. The vessel
is no longer new when it is placed into service. Use the following
equation to determine if the fractional value of the modification
exceeds 50 percent:

Percent of value = [(Value after modification)-(Value before
modification)] x 100% / (Value after modification)

    (3) For vessels with Category 3 engines, a vessel that has
undergone a modification that substantially alters the dimensions or
carrying capacity of the vessel, changes the type of vessel, or
substantially prolongs the vessel's life.
    (4) An imported vessel that has already been placed into service,
where it has an engine not covered by a certificate of conformity
issued under this part at the time of importation that was manufactured
after the requirements of this part start to apply (see Sec.  1042.1).
    Noncompliant engine means an engine that was originally covered by
a certificate of conformity but is not in the certified configuration
or otherwise does not comply with the conditions of the certificate.
    Nonconforming engine means an engine not covered by a certificate
of conformity that would otherwise be subject to emission standards.
    Nonmethane hydrocarbon has the meaning given in 40 CFR 1065.1001.
This generally means the difference between the emitted mass of total
hydrocarbons and the emitted mass of methane.
    Nonroad means relating to nonroad engines, or vessels, or equipment
that include nonroad engines.
    Nonroad engine has the meaning given in 40 CFR 1068.30. In general,
this means all internal-combustion engines except motor vehicle
engines, stationary engines, engines used solely for competition, or
engines used in aircraft.
    Official emission result means the measured emission rate for an
emission-data engine on a given duty cycle before the application of
any deterioration factor, but after the applicability of regeneration
adjustment factors.
    Operator demand has the meaning given in 40 CFR 1065.1001.
    Owners manual means a document or collection of documents prepared
by the engine manufacturer for the owner or operator to describe
appropriate engine maintenance, applicable warranties, and any other
information related to operating or keeping the engine. The owners
manual is typically provided to the ultimate purchaser at the time of
sale. The owners manual may be in paper or electronic format.
    Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.
    Particulate trap means a filtering device that is designed to
physically trap particulate matter above a certain size.
    Passenger means a person that provides payment as a condition of
boarding a vessel. This does not include the owner or any paid crew
members.
    Placed into service means put into initial use for its intended
purpose.
    Point of first retail sale means the location at which the initial
retail sale occurs. This generally means a vessel dealership or
manufacturing facility, but may also include an engine seller or
distributor in cases where loose engines are sold to the general public
for uses such as replacement engines.
    Post-manufacture marinizer means an entity that produces a marine
engine by modifying a non-marine engine, whether certified or
uncertified, complete or partially complete, where the entity is not
controlled by the manufacturer of the base engine or by an entity that
also controls the manufacturer of the base engine. In addition, vessel
manufacturers that substantially modify marine engines are post-
manufacture marinizers. For the purpose of this definition,
``substantially modify'' means changing an engine in a way that could
change engine emission characteristics.
    Power density has the meaning given in Sec.  1042.140.

    Ramped-modal means relating to the ramped-modal type of steady-
state test described in Sec.  1042.505.
    Rated speed means the maximum full-load governed speed for governed
engines and the speed of maximum power for ungoverned engines.
    Recreational marine engine means a Category 1 propulsion marine
engine that is intended by the manufacturer to be installed on a
recreational vessel.
    Recreational vessel means a vessel that is intended by the vessel
manufacturer to be operated primarily for pleasure or leased, rented or
chartered to another for the latter's pleasure. However, this does not
include the following vessels:
    (1) Vessels below 100 gross tons that carry more than 6 passengers.
    (2) Vessels at or above 100 gross tons that carry one or more
passengers.
    (3) Vessels used solely for competition (see Sec.  1042.620).
    Remanufacture means to replace every cylinder liner in a commercial
engine with maximum engine power at or above 600 kW, whether during a
single maintenance event or cumulatively within a five-year period. For
the purpose of this definition, ``replace'' includes removing,
inspecting, and requalifying a liner. Rebuilding a recreational engine
or an engine with maximum engine power below 600 kW is not
remanufacturing.
    Remanufacture system or remanufacturing system means all components
(or specifications for components) and instructions necessary to
remanufacture an engine in accordance with applicable requirements of
this part 1042.
    Remanufacturer has the meaning given to ``manufacturer'' in section
216(1) of the Clean Air Act (42 U.S.C. 7550(1)) with respect to
remanufactured marine engines. This term includes any person that is
engaged in the manufacture or assembly of remanufactured engines, such
as persons who:
    (1) Design or produce the emission-related parts used in
remanufacturing.
    (2) Install parts in or on an existing engine to remanufacture it.
    (3) Own or operate the engine and provide specifications as to how
an engine is to be remanufactured (i.e., specifying who will perform
the work, when the work is to be performed, what parts are to be used,
or how to calibrate the adjustable parameters of the engine).
    Residual fuel has the meaning given in 40 CFR 80.2. This generally
includes all RM grades of marine fuel without regard to whether they
are known commercially as residual fuel. For example, fuel marketed as
intermediate fuel may be residual fuel.
    Revoke has the meaning given in 40 CFR 1068.30. In general this
means to terminate the certificate or an exemption for an engine
family.
    Round has the meaning given in 40 CFR 1065.1001.
    Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
    Small volume boat builder means a boat manufacturer with fewer than
500 employees and with annual worldwide production of fewer than 100
boats. For manufacturers owned by a parent company, these limits apply
to the combined production and number of employees of the parent
company and all its subsidiaries.
    Small-volume engine manufacturer means a manufacturer with annual
worldwide production of fewer than 1,000 internal combustion engines
(marine and nonmarine). For manufacturers owned by a parent company,
the limit applies to the production of the parent company and all its
subsidiaries.
    Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
    Specified adjustable range means a range of adjustment for an
adjustable parameter that is approved as part of certification. Note
that Category 1 engines must comply with emission standards over the
full physically adjustable range for any adjustable parameters.
    Steady-state has the meaning given in 40 CFR 1065.1001.
    Sulfur-sensitive technology means an emission control technology
that experiences a significant drop in emission control performance or
emission-system durability when an engine is operated on low-sulfur
fuel (i.e., fuel with a sulfur concentration of 300 to 500 ppm) as
compared to when it is operated on ultra low-sulfur fuel (i.e., fuel
with a sulfur concentration less than 15 ppm). Exhaust-gas
recirculation is not a sulfur-sensitive technology.
    Suspend has the meaning given in 40 CFR 1068.30. In general this
means to temporarily discontinue the certificate or an exemption for an
engine family.
    Temporary modification means a modification to a vessel based on a
written contract for marine services such that the modifications will
be removed from the vessel when the contract expires. This provision is
intended to address short-term contracts that would generally be less
than 12 months in duration. You may ask us to consider modifications
that will be in place longer than 12 months as temporary modifications.
    Test engine means an engine in a test sample.
    Test sample means the collection of engines selected from the
population of an engine family for emission testing. This may include
testing for certification, production-line testing, or in-use testing.
    Tier 1 means relating to the Tier 1 emission standards, as shown in
Appendix I.
    Tier 2 means relating to the Tier 2 emission standards, as shown in
Appendix I.
    Tier 3 means relating to the Tier 3 emission standards, as shown in
Sec.  1042.101.
    Tier 4 means relating to the Tier 4 emission standards, as shown in
Sec.  1042.101.
    Total hydrocarbon has the meaning given in 40 CFR 1065.1001. This
generally means the combined mass of organic compounds measured by the
specified procedure for measuring total hydrocarbon, expressed as a
hydrocarbon with an atomic hydrogen-to-carbon ratio of 1.85:1.
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001. This generally means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
locomotives. The hydrogen-to-carbon ratio of the equivalent hydrocarbon
is 1.85:1.
    Ultimate purchaser means, with respect to any new vessel or new
marine engine, the first person who in good faith purchases such new
vessel or new marine engine for purposes other than resale.
    Ultra low-sulfur diesel fuel means one of the following:
    (1) For in-use fuels, ultra low-sulfur diesel fuel means a diesel
fuel marketed as ultra low-sulfur diesel fuel having a maximum sulfur
concentration of 15 parts per million.

    (2) For testing, ultra low-sulfur diesel fuel has the meaning given
in 40 CFR part 1065.
    United States has the meaning given in 40 CFR 1068.30.
    Upcoming model year means for an engine family the model year after
the one currently in production.
    U.S.-directed production volume means the number of engine units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States.
    Useful 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. It is the period during which a
new engine is required to comply with all applicable emission
standards. See Sec.  1042.101(e).
    Variable-speed engine means an engine that is not a constant-speed
engine.
    Vessel means a marine vessel.
    Vessel operator means any individual that physically operates or
maintains a vessel or exercises managerial control over the operation
of the vessel.
    Vessel owner means the individual or company that holds legal title
to a vessel.
    Void has the meaning given in 40 CFR 1068.30. In general this means
to invalidate a certificate or an exemption both retroactively and
prospectively.
    Volatile liquid fuel means any fuel other than diesel fuel or
biodiesel that is a liquid at atmospheric pressure and has a Reid Vapor
Pressure higher than 2.0 pounds per square inch.
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.

Sec.  1042.905  Symbols, acronyms, and abbreviations.

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

ABT Averaging, banking, and trading.
AECD auxiliary-emission control device.
CFR Code of Federal Regulations.
CO carbon monoxide.
CO2 carbon dioxide.
cyl cylinder.
disp. displacement.
EPA Environmental Protection Agency.
FEL Family Emission Limit.
g grams.
HC hydrocarbon.
hr hours.
kPa kilopascals.
kW kilowatts.
L liters.
LTR Limited Testing Region.
NARA National Archives and Records Administration.
NMHC nonmethane hydrocarbons.
NOX oxides of nitrogen (NO and NO2).
NTE not-to-exceed.
PM particulate matter.
RPM revolutions per minute.
SAE Society of Automotive Engineers.
SCR selective catalytic reduction.
THC total hydrocarbon.
THCE total hydrocarbon equivalent.
ULSD ultra low-sulfur diesel fuel.
U.S.C. United States Code.

Sec.  1042.910  Reference materials.

    Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
    (a) SAE material. Table 1 to this section lists material from the
Society of Automotive Engineers that we have incorporated by reference.
The first column lists the number and name of the material. The second
column lists the sections of this part where we reference it. Anyone
may purchase copies of these materials from the Society of Automotive
Engineers, 400 Commonwealth Drive, Warrendale, PA 15096 or www.sae.org.
Table 1 follows:

                Table 1 to Sec.  1042.910.--SAE Materials
------------------------------------------------------------------------
                                                             Part 1042
                 Document  No. and name                      reference
------------------------------------------------------------------------
SAE J1930, Electrical/Electronic Systems Diagnostic             1042.135
 Terms, Definitions, Abbreviations, and Acronyms,
 revised May 1998.......................................
------------------------------------------------------------------------

    (b) IMO material. Table 2 to this section lists material from the
International Maritime Organization that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the section of this part where we reference it.
Anyone may purchase copies of these materials from the International
Maritime Organization, 4 Albert Embankment, London SE1 7SR, United
Kingdom or www.imo.org. Table 2 follows:

                Table 2 to Sec.  1042.910.--IMO Materials
------------------------------------------------------------------------
                                                             Part 1042
                  Document No. and name                      reference
------------------------------------------------------------------------
Resolutions of the 1997 MARPOL Conference: Resolution 2--       1042.901
 Technical Code on Control of Emission of Nitrogen
 Oxides from Marine Diesel Engines, 1997................
------------------------------------------------------------------------

Sec.  1042.915  Confidential information.

    (a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.
    (c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
    (d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.

Sec.  1042.920  Hearings.

    (a) You may request a hearing under certain circumstances, as
described elsewhere in this part. To do this, you must file a written
request, including a description of your objection and any supporting
data, within 30 days after we make a decision.
    (b) For a hearing you request under the provisions of this part, we
will approve your request if we find that your request raises a
substantial factual issue.
    (c) If we agree to hold a hearing, we will use the procedures
specified in 40 CFR part 1068, subpart G.

Sec.  1042.925  Reporting and recordkeeping requirements.

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
engines regulated under this part:
    (a) We specify the following requirements related to engine
certification in this part 1042:
    (1) In Sec. 1042.135 we require engine manufacturers to keep
certain records

related to duplicate labels sent to vessel manufacturers.
    (2) In Sec. 1042.145 we state the requirements for interim
provisions.
    (3) In subpart C of this part we identify a wide range of
information required to certify engines.
    (4) In Sec. Sec. 1042.345 and 1042.350 we specify certain records
related to production-line testing.
    (5) In subpart G of this part we identify several reporting and
recordkeeping items for making demonstrations and getting approval
related to various special compliance provisions.
    (6) In Sec. Sec. 1042.725, 1042.730, and 1042.735 we specify
certain records related to averaging, banking, and trading.
    (7) In subpart I of this part we specify certain records related to
meeting requirements for remanufactured engines.
    (b) We specify the following requirements related to testing in 40
CFR part 1065:
    (1) In 40 CFR 1065.2 we give an overview of principles for
reporting information.
    (2) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published test procedures.
    (3) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (4) In 40 CFR 1065.695 we identify data that may be appropriate for
collecting during testing of in-use engines using portable analyzers.
    (c) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (3) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (4) In 40 CFR 1068.105 we require vessel manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (5) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.

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

    The following standards apply to compression-ignition marine
engines produced before the model years specified in Sec.  1042.1:
    (a) Engines below 37 kW. Tier 1 and Tier 2 standards for engines
below 37 kW apply as specified in 40 CFR part 89 and summarized in
the following table:

                  Table 1 to Appendix I.--Emission Standards for Engines Below 37 kW (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
       Rated power (kW)               Tier          Model year      NMHC + NOX          CO              PM
----------------------------------------------------------------------------------------------------------------
kW<8..........................  Tier 1..........            2000            10.5             8.0            1.0
                                Tier 2..........            2005             7.5             8.0            0.80
8<=kW<19......................  Tier 1..........            2000             9.5             6.6            0.80
                                Tier 2..........            2005             7.5             6.6            0.80
19<=kW<37.....................  Tier 1..........            1999             9.5             5.5            0.8
                                Tier 2..........            2004             7.5             5.5            0.6
----------------------------------------------------------------------------------------------------------------

    (b) Engines at or above 37 kW. Tier 1 and Tier 2 standards for
engines at or above 37 kW apply as specified in 40 CFR part 94 and
summarized as follows:
    (1) Tier 1 standards. NOX emissions from model year
2004 and later engines with displacement of 2.5 or more liters per
cylinder may not exceed the following values:
    (i) 17.0 g/kW-hr when maximum test speed is less than 130 rpm.
    (ii) 45.0 x N-0.20 when maximum test speed is at or above 130
but below 2000 rpm, where N is the maximum test speed of the engine
in revolutions per minute. Round the calculated standard to the
nearest 0.1 g/kW-hr.
    (ii) 9.8 g/kW-hr when maximum test speed is 2000 rpm or more.
    (2) Tier 2 primary standards. Exhaust emissions may not exceed
the values shown in the following table:

          Table 2 to Appendix I.--Primary Tier 2 Emission Standards for Commercial and Recreational Marine Engines at or Above 37 kW (g/kW-hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX + THC
       Engine size  liters/cylinder            Maximum engine power                Category           Model  year    g/kW-hr    CO  g/kW-hr  PM  g/kW-hr
--------------------------------------------------------------------------------------------------------------------------------------------------------
disp. < 0.9..............................  power [gteqt] 37 kW.........  Category 1 Commercial......         2005          7.5          5.0         0.40
                                                                         Category 1 Recreational....         2007          7.5          5.0         0.40
0.9 <= disp. < 1.2.......................  All.........................  Category 1 Commercial......         2004          7.2          5.0         0.30
                                                                         Category 1 Recreational....         2006          7.2          5.0         0.30
1.2 <= disp. < 2.5.......................  All.........................  Category 1 Commercial......         2004          7.2          5.0         0.20
                                                                         Category 1 Recreational....         2006          7.2          5.0         0.20
2.5 <= disp. < 5.0.......................  All.........................  Category 1 Commercial......         2007          7.2          5.0         0.20
                                                                         Category 1 Recreational....         2009          7.2          5.0         0.20
5.0 <= disp. < 15.0......................  All.........................  Category 2.................         2007          7.8          5.0         0.27
15.0 <= disp. < 20.0.....................  power < 3300 kW.............  Category 2.................         2007          8.7          5.0         0.50
                                           power [gteqt] 3300 kW.......  Category 2.................         2007          9.8          5.0         0.50
20.0 <= disp. < 25.0.....................  All.........................  Category 2.................         2007          9.8          5.0         0.50

25.0 <= disp. < 30.0.....................  All.........................  Category 2.................         2007           11          5.0          0.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) Tier 2 supplemental standards. Not-to-exceed emission
standards apply for Tier 2 engines as specified in 40 CFR 94.8(e).

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

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

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

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

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

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

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

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

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

4b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
5a Steady-state.........................             182  80%.......................  50%.
5b Transition...........................              20  Linear transition.........  Linear transition in
                                                                                torque.
6 Steady-state..........................             171  Warm idle.................  0.
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065. Percent speed is relative to maximum test speed.
\2\ The percent power is relative to the maximum test power.
3 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a
  linear progression from the torque setting of the current mode to the torque setting of the next mode, and
  simultaneously command a similar linear progression for engine speed if there is a change in speed setting.

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

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

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

----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)           Engine speed            Torque (percent) 1, 2
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             234  Engine Governed...........  100%.
1b Transition...........................              20  Engine Governed...........  Linear transition.
2a Steady-state.........................             571  Engine Governed...........  25%.
2b Transition...........................              20  Engine Governed...........  Linear transition.
3a Steady-state.........................             165  Engine Governed...........  75%.
3b Transition...........................              20  Engine Governed...........  Linear transition.
4a Steady-state.........................             170  Engine Governed...........  50%.
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the torque setting of the current mode to the torque setting of the next mode.

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

    (a) The following definitions apply for this Appendix III:
    (1) Percent power means the percentage of the maximum power
achieved at Maximum Test Speed (or at Maximum Test Torque for
constant-speed engines).
    (2) Percent speed means the percentage of Maximum Test Speed.
    (b) Figure 1 of this Appendix illustrates the default NTE zone
for commercial marine engines certified using the duty cycle
specified in Sec.  1042.505(b)(1), except for variable-speed
propulsion marine engines used with controllable-pitch propellers or
with electrically coupled propellers, as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power >= 0.7 [middot] (percent speed)2.5.
    (ii) Percent power <= (percent speed/0.9)3.5.
    (iii) Percent power >= 3.0 [middot] (100%--percent speed).
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power >= 0.7 [middot] (percent speed)2.5.
    (ii) Percent power <= (percent speed/0.9)3.5.
    (iii) Percent power < 3.0 [middot] (100% - percent speed).
    (iv) Percent speed >= 70 percent.
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TR06MY08.013

    (c) Figure 2 of this Appendix illustrates the default NTE zone
for recreational marine engines certified using the duty cycle
specified in Sec.  1042.505(b)(2), except for variable-speed marine
engines used with controllable-pitch propellers or with electrically
coupled propellers, as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power >= 0.7 [middot] (percent speed)2.5.
    (ii) Percent power <= (percent speed/0.9)3.5.
    (iii) Percent power >= 3.0 [middot] (100%-percent speed).
    (iv) Percent power <= 95 percent.
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power >= 0.7 [middot] (percent speed)2.5.
    (ii) Percent power <= (percent speed/0.9)3.5.
    (iii) Percent power < 3.0 [middot] (100%-percent speed).
    (iv) Percent speed >= 70 percent.
    (3) Subzone 3 is defined by the following boundaries:
    (i) Percent power <= (percent speed/0.9)3.5.
    (ii) Percent power > 95 percent.

[GRAPHIC] [TIFF OMITTED] TR06MY08.014

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

[GRAPHIC] [TIFF OMITTED] TR06MY08.015

    (e) Figure 4 of this Appendix illustrates the default NTE zone
for constant-speed engines certified using a duty cycle specified in
Sec.  1042.505(b)(3) or (b)(4), as follows:
    (1) Subzone 1 is defined by the following boundaries:
    (i) Percent power >= 70 percent.
    (ii) [Reserved]
    (2) Subzone 2 is defined by the following boundaries:
    (i) Percent power < 70 percent.
    (ii) Percent power >= 40 percent.
    [GRAPHIC] [TIFF OMITTED] TR06MY08.016

    (f) Figure 5 of this Appendix illustrates the default NTE zone
for variable-speed auxiliary marine engines certified using the duty
cycle specified in Sec.  1042.505(b)(5)(ii) or (iii), as follows:

    (1) The default NTE zone is defined by the boundaries specified
in 40 CFR 86.1370-2007(b)(1) and (2).
    (2) A special PM subzone is defined in 40 CFR 1039.515(b).
    [GRAPHIC] [TIFF OMITTED] TR06MY08.017

PART 1065--ENGINE-TESTING PROCEDURES

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

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

Subpart A--[Amended]

0
46. Section 1065.1 is revised to read as follows:

Sec.  1065.1  Applicability.

    (a) This part describes the procedures that apply to testing we
require for the following engines or for vehicles using the following
engines:
    (1) Locomotives we regulate under 40 CFR part 1033. For earlier
model years, manufacturers may use the test procedures in this part or
those specified in 40 CFR part 92 according to Sec.  1065.10.
    (2) Model year 2010 and later heavy-duty highway engines we
regulate under 40 CFR part 86. For earlier model years, manufacturers
may use the test procedures in this part or those specified in 40 CFR
part 86, subpart N, according to Sec.  1065.10.
    (3) Nonroad diesel engines we regulate under 40 CFR part 1039 and
stationary diesel engines that are certified to the standards in 40 CFR
part 1039 as specified in 40 CFR part 60, subpart IIII. For earlier
model years, manufacturers may use the test procedures in this part or
those specified in 40 CFR part 89 according to Sec.  1065.10.
    (4) Marine diesel engines we regulate under 40 CFR part 1042. For
earlier model years, manufacturers may use the test procedures in this
part or those specified in 40 CFR part 94 according to Sec.  1065.10.
    (5) [Reserved]
    (6) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048, and stationary engines that are certified to the standards
in 40 CFR part 1048 or as otherwise specified in 40 CFR part 60,
subpart JJJJ.
    (7) Vehicles we regulate under 40 CFR part 1051 (such as
snowmobiles and off-highway motorcycles) based on engine testing. See
40 CFR part 1051, subpart F, for standards and procedures that are
based on vehicle testing.
    (8) [Reserved]
    (b) The procedures of this part may apply to other types of
engines, as described in this part and in the standard-setting part.
    (c) The term ``you'' means anyone performing testing under this
part other than EPA.
    (1) This part is addressed primarily to manufacturers of engines,
vehicles, equipment, and vessels, but it applies equally to anyone who
does testing under this part for such manufacturers.
    (2) This part applies to any manufacturer or supplier of test
equipment, instruments, supplies, or any other goods or services
related to the procedures, requirements, recommendations, or options in
this part.
    (d) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines. In this part, we refer to each of these other parts
generically as the ``standard-setting part.'' For example, 40 CFR part
1051 is always the standard-setting part for snowmobiles and part 86 is
the standard-setting part for heavy-duty highway engines.

    (e) Unless we specify otherwise, the terms ``procedures'' and
``test procedures'' in this part include all aspects of engine testing,
including the equipment specifications, calibrations, calculations, and
other protocols and procedural specifications needed to measure
emissions.
    (f) For vehicles, equipment, or vessels subject to this part and
regulated under vehicle-based, equipment-based, or vessel-based
standards, use good engineering judgment to interpret the term
``engine'' in this part to include vehicles, equipment, or vessels,
where appropriate.
    (g) For additional information regarding these test procedures,
visit our Web site at www.epa.gov, and in particular http://
www.epa.gov/otaq/testingregs.htm.
0
47. Section 1065.2 is revised to read as follows:

Sec.  1065.2  Submitting information to EPA under this part.

    (a) You are responsible for statements and information in your
applications for certification, requests for approved procedures,
selective enforcement audits, laboratory audits, production-line test
reports, field test reports, or any other statements you make to us
related to this part 1065.
    (b) In the standard-setting part and in 40 CFR 1068.101, we
describe your obligation to report truthful and complete information
and the consequences of failing to meet this obligation. See also 18
U.S.C. 1001 and 42 U.S.C. 7413(c)(2).
    (c) We may void any certificates or approvals associated with a
submission of information if we find that you intentionally submitted
false, incomplete, or misleading information. For example, if we find
that you intentionally submitted incomplete information to mislead EPA
when requesting approval to use alternate test procedures, we may void
the certificates for all engines families certified based on emission
data collected using the alternate procedures. This would also apply if
you ignore data from incomplete tests or from repeat tests with higher
emission results.
    (d) We may require an authorized representative of your company to
approve and sign the submission, and to certify that all of the
information submitted is accurate and complete. This includes everyone
who submits information, including manufacturers and others.
    (e) See 40 CFR 1068.10 for provisions related to confidential
information. Note however that under 40 CFR 2.301, emission data is
generally not eligible for confidential treatment.
    (f) Nothing in this part should be interpreted to limit our ability
under Clean Air Act section 208 (42 U.S.C. 7542) to verify that engines
conform to the regulations.

0
48. Section 1065.5 is revised to read as follows:

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

    (a) This part specifies procedures that apply generally to testing
various categories of engines. See the standard-setting part for
directions in applying specific provisions in this part for a
particular type of engine. Before using this part's procedures, read
the standard-setting part to answer at least the following questions:
    (1) What duty cycles must I use for laboratory testing?
    (2) Should I warm up the test engine before measuring emissions, or
do I need to measure cold-start emissions during a warm-up segment of
the duty cycle?
    (3) Which exhaust gases do I need to measure?
    (4) Do any unique specifications apply for test fuels?
    (5) What maintenance steps may I take before or between tests on an
emission-data engine?
    (6) Do any unique requirements apply to stabilizing emission levels
on a new engine?
    (7) Do any unique requirements apply to test limits, such as
ambient temperatures or pressures?
    (8) Is field testing required or allowed, and are there different
emission standards or procedures that apply to field testing?
    (9) Are there any emission standards specified at particular
engine-operating conditions or ambient conditions?
    (10) Do any unique requirements apply for durability testing?
    (b) The testing specifications in the standard-setting part may
differ from the specifications in this part. In cases where it is not
possible to comply with both the standard-setting part and this part,
you must comply with the specifications in the standard-setting part.
The standard-setting part may also allow you to deviate from the
procedures of this part for other reasons.
    (c) The following table shows how this part divides testing
specifications into subparts:

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

0
49. Section 1065.10 is amended by revising paragraphs (c)(1), (c)(2),
(c)(6), and (c)(7) introductory text to read as follows:

Sec.  1065.10  Other procedures.

* * * * *
    (c) * * *
    (1) The objective of the procedures in this part is to produce
emission measurements equivalent to those that would result from
measuring emissions during in-use operation using the same engine
configuration as installed in a vehicle, equipment, or vessel. However,
in unusual circumstances where these procedures may result in
measurements that do not represent in-use operation, you must notify us
if good engineering judgment indicates that the specified procedures
cause unrepresentative emission measurements for your engines. Note
that you need not notify us of unrepresentative aspects of the test

procedure if measured emissions are equivalent to in-use emissions.
This provision does not obligate you to pursue new information
regarding the different ways your engine might operate in use, nor does
it obligate you to collect any other in-use information to verify
whether or not these test procedures are representative of your
engine's in-use operation. If you notify us of unrepresentative
procedures under this paragraph (c)(1), we will cooperate with you to
establish whether and how the procedures should be appropriately
changed to result in more representative measurements. While the
provisions of this paragraph (c)(1) allow us to be responsive to issues
as they arise, we would generally work toward making these testing
changes generally applicable through rulemaking. We will allow
reasonable lead time for compliance with any resulting change in
procedures. We will consider the following factors in determining the
importance of pursuing changes to the procedures:
    (i) Whether supplemental emission standards or other requirements
in the standard-setting part address the type of operation of concern
or otherwise prevent inappropriate design strategies.
    (ii) Whether the unrepresentative aspect of the procedures affect
your ability to show compliance with the applicable emission standards.
    (iii) The extent to which the established procedures require the
use of emission-control technologies or strategies that are expected to
ensure a comparable degree of emission control under the in-use
operation that differs from the specified procedures.
    (2) You may request to use special procedures if your engine cannot
be tested using the specified procedures. For example, this may apply
if your engine cannot operate on the specified duty cycle. In this
case, tell us in writing why you cannot satisfactorily test your engine
using this part's procedures and ask to use a different approach. We
will approve your request if we determine that it would produce
emission measurements that represent in-use operation and we determine
that it can be used to show compliance with the requirements of the
standard-setting part.
* * * * *
    (6) During the 12 months following the effective date of any change
in the provisions of this part 1065, you may use data collected using
procedures specified in the previously applicable version of this part
1065. This paragraph (c)(6) does not restrict the use of carryover
certification data otherwise allowed by the standard-setting part.
    (7) You may request to use alternate procedures, or procedures that
are more accurate or more precise than the allowed procedures. The
following provisions apply to requests for alternate procedures:
* * * * *

0
50. Section 1065.12 is amended by revising paragraphs (a) and (d)(1) to
read as follows:

Sec.  1065.12  Approval of alternate procedures.

    (a) To get approval for an alternate procedure under Sec.
1065.10(c), send the Designated Compliance Officer an initial written
request describing the alternate procedure and why you believe it is
equivalent to the specified procedure. Anyone may request alternate
procedure approval. This means that an individual engine manufacturer
may request to use an alternate procedure. This also means that an
instrument manufacturer may request to have an instrument, equipment,
or procedure approved as an alternate procedure to those specified in
this part. We may approve your request based on this information alone,
or, as described in this section, we may ask you to submit to us in
writing supplemental information showing that your alternate procedure
is consistently and reliably at least as accurate and repeatable as the
specified procedure.
* * * * *
    (d) * * *
    (1) Theoretical basis. Give a brief technical description
explaining why you believe the proposed alternate procedure should
result in emission measurements equivalent to those using the specified
procedure. You may include equations, figures, and references. You
should consider the full range of parameters that may affect
equivalence. For example, for a request to use a different
NOX measurement procedure, you should theoretically relate
the alternate detection principle to the specified detection principle
over the expected concentration ranges for NO, NO2, and interference
gases. For a request to use a different PM measurement procedure, you
should explain the principles by which the alternate procedure
quantifies particulate mass similarly to the specified procedures.
* * * * *

0
51. Section 1065.15 is amended by revising paragraphs (c)(1) and (e)
and adding paragraph (f) to read as follows:

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

* * * * *
    (c) * * *
    (1) Engine operation. Engine operation is specified over a test
interval. A test interval is the time over which an engine's total mass
of emissions and its total work are determined. Refer to the standard-
setting part for the specific test intervals that apply to each engine.
Testing may involve measuring emissions and work in a laboratory-type
environment or in the field, as described in paragraph (f) of this
section.
* * * * *
    (e) The following figure illustrates the allowed measurement
configurations described in this part 1065:
BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TR06MY08.018

BILLING CODE 6560-50-C

    (f) This part 1065 describes how to test engines in a laboratory-
type environment or in the field.
    (1) This affects test intervals and duty cycles as follows:
    (i) For laboratory testing, you generally determine brake-specific
emissions for duty-cycle testing by using an engine dynamometer in a
laboratory or other environment. This typically consists of one or more
test intervals, each defined by a duty cycle, which is a sequence of
modes, speeds, and/or torques (or powers) that an engine must follow.
If the standard-setting part allows it, you may also simulate field
testing with an engine dynamometer in a laboratory or other
environment.
    (ii) Field testing consists of normal in-use engine operation while
an engine is installed in a vehicle, equipment, or vessel rather than
following a specific engine duty cycle. The standard-setting part
specifies how test intervals are defined for field testing.
    (2) The type of testing may also affect what test equipment may be
used. You may use ``lab-grade'' test equipment for any testing. The
term ``lab-grade'' refers to equipment that fully conforms to the
applicable specifications of this part. For some testing you may
alternatively use ``field-grade'' equipment. The term ``field-grade''
refers to equipment that fully conforms to the applicable
specifications of subpart J of this part, but does not fully conform to
other specifications of this part. You may use ``field-grade''
equipment for field testing. We also specify in this part and in the
standard-setting parts certain cases in which you may use ``field-
grade'' equipment for testing in a laboratory-type environment. (Note:
Although ``field-grade'' equipment is generally more portable than
``lab-grade'' test equipment, portability is not relevant to whether
equipment is considered to be ``field-grade'' or ``lab-grade''.)

0
52. Section 1065.20 is amended by revising paragraphs (a)(2), (b)(2),
(f), and (g) to read as follows:

Sec.  1065.20  Units of measure and overview of calculations.

    (a) * * *
    (2) We designate brake-specific emissions in grams per kilowatt-
hour (g/(kW[middot]hr)), rather than the SI unit of grams per megajoule
(g/MJ). In addition, we use the symbol hr to identify hour, rather than
the SI convention of using h. This is based on the fact that engines
are generally subject to emission standards expressed in g/
kW[middot]hr. If we specify engine standards in grams per
horsepower[middot]hour (g/(hp[middot]hr)) in the standard-setting part,
convert units as specified in paragraph (d) of this section.
* * * * *
    (b) * * *
    (2) For all substances, cm3/m3, formerly ppm
(volume).
* * * * *
    (f) Interpretation of ranges. Interpret a range as a tolerance
unless we explicitly identify it as an accuracy, repeatability,
linearity, or noise specification. See Sec.  1065.1001 for the
definition of tolerance. In this part, we specify two types of ranges:
    (1) Whenever we specify a range by a single value and corresponding
limit values above and below that value, target any associated control
point to that single value. Examples of this type of range include
`` 10% of maximum pressure'', or ``(30  10)
kPa''.
    (2) Whenever we specify a range by the interval between two values,
you may target any associated control point to any value within that
range. An example of this type of range is ``(40 to 50) kPa''.
    (g) Scaling of specifications with respect to an applicable
standard. Because this part 1065 is applicable to a wide range of
engines and emission standards, some of the specifications in this part
are scaled with respect to an engine's applicable standard or maximum
power. This ensures that the specification will be adequate to
determine compliance, but not overly burdensome by requiring
unnecessarily high-precision equipment. Many of these specifications
are given with respect to a ``flow-weighted mean'' that is expected at
the standard or during testing. Flow-weighted mean is the mean of a
quantity after it is weighted proportional to a corresponding flow
rate. For example, if a gas concentration is measured continuously from
the raw exhaust of an engine, its flow-weighted mean concentration is
the sum of the products of each recorded concentration times its
respective exhaust flow rate, divided by the sum of the recorded flow
rates. As another example, the bag concentration from a CVS system is
the same as the flow-weighted mean concentration, because the CVS
system itself flow-weights the bag concentration. Refer to Sec.
1065.602 for information needed to estimate and calculate flow-weighted
means. Wherever a specification is scaled to a value based upon an
applicable standard, interpret the standard to be the family emission
limit if the engine is certified under an emission credit program in
the standard-setting part.

Subpart B--[Amended]

0
53. Section 1065.101 is amended by revising paragraph (a) and adding
paragraph (e) before the figures to read as follows:

Sec.  1065.101  Overview.

    (a) This subpart specifies equipment, other than measurement
instruments, related to emission testing. The provisions of this
subpart apply for all engine dynamometer testing where engine speeds
and loads are controlled to follow a prescribed duty cycle. See subpart
J of this part to determine which of the provisions of this subpart
apply for field testing. This equipment includes three broad
categories-dynamometers, engine fluid systems (such as fuel and intake-
air systems), and emission-sampling hardware.
* * * * *
    (e) Dynamometer testing involves engine operation over speeds and
loads that are controlled to a prescribed duty cycle. Field testing
involves measuring emissions over normal in-use operation of a vehicle
or piece of equipment. Field testing does not involve operating an
engine over a prescribed duty cycle.
* * * * *

0
54. Section 1065.110 is amended by revising paragraphs (a) introductory
text and (e) and adding paragraphs (a)(1)(iv) and (f) to read as
follows:

Sec.  1065.110  Work inputs and outputs, accessory work, and operator
demand.

    (a) Work. Use good engineering judgment to simulate all engine work
inputs and outputs as they typically would operate in use. Account for
work inputs and outputs during an emission test by measuring them; or,
if they are small, you may show by engineering analysis that
disregarding them does not affect your ability to determine the net
work output by more than  0.5% of the net expected work
output over the test interval. Use equipment to simulate the specific
types of work, as follows:
    (1) * * *
    (iv) You may use any device that is already installed on a vehicle,
equipment, or vessel to absorb work from the engine's output shaft(s).
Examples of these types of devices include a vessel's propeller and a
locomotive's generator.
* * * * *
    (e) Operator demand for shaft work. Operator demand is defined in
Sec.  1065.1001. Command the operator demand and the dynamometer(s) to
follow a prescribed duty cycle with set points for engine speed and
torque as specified in Sec.  1065.512. Refer to the

standard-setting part to determine the specifications for your duty
cycle(s). Use a mechanical or electronic input to control operator
demand such that the engine is able to meet the validation criteria in
Sec.  1065.514 over each applicable duty cycle. Record feedback values
for engine speed and torque as specified in Sec.  1065.512. Using good
engineering judgment, you may improve control of operator demand by
altering on-engine speed and torque controls. However, if these changes
result in unrepresentative testing, you must notify us and recommend
other test procedures under Sec.  1065.10(c)(1).
    (f) Other engine inputs. If your electronic control module requires
specific input signals that are not available during dynamometer
testing, such as vehicle speed or transmission signals, you may
simulate the signals using good engineering judgment. Keep records that
describe what signals you simulate and explain why these signals are
necessary for representative testing.

0
55. Section 1065.120 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.120  Fuel properties and fuel temperature and pressure.

    (a) Use fuels as specified in the standard-setting part, or as
specified in subpart H of this part if fuels are not specified in the
standard-setting part.
* * * * *

0
56. Section 1065.122 is amended by revising paragraphs (a) introductory
text, (a)(1), and (c) to read as follows:

Sec.  1065.122  Engine cooling and lubrication.

    (a) Engine cooling. Cool the engine during testing so its intake-
air, oil, coolant, block, and head temperatures are within their
expected ranges for normal operation. You may use auxiliary coolers and
fans.
    (1) For air-cooled engines only, if you use auxiliary fans you must
account for work input to the fan(s) according to Sec.  1065.110.
* * * * *
    (c) Lubricating oil. Use lubricating oils specified in Sec.
1065.740. For two-stroke engines that involve a specified mixture of
fuel and lubricating oil, mix the lubricating oil with the fuel
according to the manufacturer's specifications.
* * * * *

0
57. Section 1065.125 is amended by revising paragraphs (c) and (d) and
adding paragraph (e) to read as follows:

Sec.  1065.125  Engine intake air.

* * * * *
    (c) Unless stated otherwise in the standard-setting part, maintain
the temperature of intake air to (25  5) [deg]C, as
measured upstream of any engine component.
    (d) Use an intake-air restriction that represents production
engines. Make sure the intake-air restriction is between the
manufacturer's specified maximum for a clean filter and the
manufacturer's specified maximum allowed. Measure the static
differential pressure of the restriction at the location and at the
speed and torque set points specified by the manufacturer. If the
manufacturer does not specify a location, measure this pressure
upstream of any turbocharger or exhaust gas recirculation system
connection to the intake air system. If the manufacturer does not
specify speed and torque points, measure this pressure while the engine
outputs maximum power. As the manufacturer, you are liable for emission
compliance for all values up to the maximum restriction you specify for
a particular engine.
    (e) This paragraph (e) includes provisions for simulating charge-
air cooling in the laboratory. This approach is described in paragraph
(e)(1) of this section. Limits on using this approach are described in
paragraphs (e)(2) and (3) of this section.
    (1) Use a charge-air cooling system with a total intake-air
capacity that represents production engines' in-use installation.
Design any laboratory charge-air cooling system to minimize
accumulation of condensate. Drain any accumulated condensate and
completely close all drains before emission testing. Keep the drains
closed during the emission test. Maintain coolant conditions as
follows:
    (i) Maintain a coolant temperature of at least 20 [deg]C at the
inlet to the charge-air cooler throughout testing.
    (ii) At the engine conditions specified by the manufacturer, set
the coolant flow rate to achieve an air temperature within
5 [deg]C of the value specified by the manufacturer after the charge-
air cooler's outlet. Measure the air-outlet temperature at the location
specified by the manufacturer. Use this coolant flow rate set point
throughout testing. If the engine manufacturer does not specify engine
conditions or the corresponding charge-air cooler air outlet
temperature, set the coolant flow rate at maximum engine power to
achieve a charge-air cooler air outlet temperature that represents in-
use operation.
    (iii) If the engine manufacturer specifies pressure-drop limits
across the charge-air cooling system, ensure that the pressure drop
across the charge-air cooling system at engine conditions specified by
the manufacturer is within the manufacturer's specified limit(s).
Measure the pressure drop at the manufacturer's specified locations.
    (2) The objective of this section is to produce emission results
that are representative of in-use operation. If good engineering
judgment indicates that the specifications in this section would result
in unrepresentative testing (such as overcooling of the intake air),
you may use more sophisticated setpoints and controls of charge-air
pressure drop, coolant temperature, and flowrate to achieve more
representative results.
    (3) This approach does not apply for field testing. You may not
correct measured emission levels from field testing to account for any
differences caused by the simulated cooling in the laboratory.

0
58. Section 1065.130 is revised to read as follows:

Sec.  1065.130  Engine exhaust.

    (a) General. Use the exhaust system installed with the engine or
one that represents a typical in-use configuration. This includes any
applicable aftertreatment devices.
    (b) Aftertreatment configuration. If you do not use the exhaust
system installed with the engine, configure any aftertreatment devices
as follows:
    (1) Position any aftertreatment device so its distance from the
nearest exhaust manifold flange or turbocharger outlet is within the
range specified by the engine manufacturer in the application for
certification. If this distance is not specified, position
aftertreatment devices to represent typical in-use vehicle
configurations.
    (2) You may use exhaust tubing that is not from the in-use exhaust
system upstream of any aftertreatment device that is of diameter(s)
typical of in-use configurations. If you use exhaust tubing that is not
from the in-use exhaust system upstream of any aftertreatment device,
position each aftertreatment device according to paragraph (b)(1) of
this section.
    (c) Sampling system connections. Connect an engine's exhaust system
to any raw sampling location or dilution stage, as follows:
    (1) Minimize laboratory exhaust tubing lengths and use a total
length of laboratory tubing of no more than 10 m or 50 outside
diameters, whichever is greater. The start of laboratory exhaust tubing
should be specified as the exit of the exhaust manifold, turbocharger
outlet, last aftertreatment device, or the in-use exhaust system,
whichever is furthest downstream. The end of laboratory exhaust tubing
should be specified as the sample point, or first point of dilution. If
laboratory exhaust tubing consists of several different outside tubing
diameters, count the

number of diameters of length of each individual diameter, then sum all
the diameters to determine the total length of exhaust tubing in
diameters. Use the mean outside diameter of any converging or diverging
sections of tubing. Use outside hydraulic diameters of any noncircular
sections. For multiple stack configurations where all the exhaust
stacks are combined, the start of the laboratory exhaust tubing may be
taken at the last joint of where all the stacks are combined.
    (2) You may install short sections of flexible laboratory exhaust
tubing at any location in the engine or laboratory exhaust systems. You
may use up to a combined total of 2 m or 10 outside diameters of
flexible exhaust tubing.
    (3) Insulate any laboratory exhaust tubing downstream of the first
25 outside diameters of length.
    (4) Use laboratory exhaust tubing materials that are smooth-walled,
electrically conductive, and not reactive with exhaust constituents.
Stainless steel is an acceptable material.
    (5) We recommend that you use laboratory exhaust tubing that has
either a wall thickness of less than 2 mm or is air gap-insulated to
minimize temperature differences between the wall and the exhaust.
    (6) We recommend that you connect multiple exhaust stacks from a
single engine into one stack upstream of any emission sampling. To
ensure mixing of the multiple exhaust streams before emission sampling,
you may configure the exhaust system with turbulence generators, such
as orifice plates or fins, to achieve good mixing. We recommend a
minimum Reynolds number, Re#, of 4000 for the combined exhaust stream,
where Re# is based on the inside diameter of the single stack. Re# is
defined in Sec.  1065.640.
    (d) In-line instruments. You may insert instruments into the
laboratory exhaust tubing, such as an in-line smoke meter. If you do
this, you may leave a length of up to 5 outside diameters of laboratory
exhaust tubing uninsulated on each side of each instrument, but you
must leave a length of no more than 25 outside diameters of laboratory
exhaust tubing uninsulated in total, including any lengths adjacent to
in-line instruments.
    (e) Leaks. Minimize leaks sufficiently to ensure your ability to
demonstrate compliance with the applicable standards. We recommend
performing a chemical balance of fuel, intake air, and exhaust
according to Sec.  1065.655 to verify exhaust system integrity.
    (f) Grounding. Electrically ground the entire exhaust system.
    (g) Forced cooldown. You may install a forced cooldown system for
an exhaust aftertreatment device according to Sec.  1065.530(a)(1)(i).
    (h) Exhaust restriction. As the manufacturer, you are liable for
emission compliance for all values up to the maximum restriction(s) you
specify for a particular engine. Measure and set exhaust restriction(s)
at the location(s) and at the engine speed and torque values specified
by the manufacturer. Also, for variable-restriction aftertreatment
devices, measure and set exhaust restriction(s) at the aftertreatment
condition (degreening/aging and regeneration/loading level) specified
by the manufacturer. If the manufacturer does not specify a location,
measure this pressure downstream of any turbocharger. If the
manufacturer does not specify speed and torque points, measure pressure
while the engine produces maximum power. Use an exhaust-restriction
setpoint that represents a typical in-use value, if available. If a
typical in-use value for exhaust restriction is not available, set the
exhaust restriction at (80 to 100)% of the maximum exhaust restriction
specified by the manufacturer, or if the maximum is 5 kPa or less, the
set point must be no less than 1.0 kPa from the maximum. For example,
if the maximum back pressure is 4.5 kPa, do not use an exhaust
restriction set point that is less than 3.5 kPa.
    (i) Open crankcase emissions. If the standard-setting part requires
measuring open crankcase emissions, you may either measure open
crankcase emissions separately using a method that we approve in
advance, or route open crankcase emissions directly into the exhaust
system for emission measurement. If the engine is not already
configured to route open crankcase emissions for emission measurement,
route open crankcase emissions as follows:
    (1) Use laboratory tubing materials that are smooth-walled,
electrically conductive, and not reactive with crankcase emissions.
Stainless steel is an acceptable material. Minimize tube lengths. We
also recommend using heated or thin-walled or air gap-insulated tubing
to minimize temperature differences between the wall and the crankcase
emission constituents.
    (2) Minimize the number of bends in the laboratory crankcase tubing
and maximize the radius of any unavoidable bend.
    (3) Use laboratory crankcase exhaust tubing that meets the engine
manufacturer's specifications for crankcase back pressure.
    (4) Connect the crankcase exhaust tubing into the raw exhaust
downstream of any aftertreatment system, downstream of any installed
exhaust restriction, and sufficiently upstream of any sample probes to
ensure complete mixing with the engine's exhaust before sampling.
Extend the crankcase exhaust tube into the free stream of exhaust to
avoid boundary-layer effects and to promote mixing. You may orient the
crankcase exhaust tube's outlet in any direction relative to the raw
exhaust flow.

0
59. Section 1065.140 is revised to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

    (a) General. You may dilute exhaust with ambient air, synthetic
air, or nitrogen. For gaseous emission measurement the diluent must be
at least 15[deg]C. Note that the composition of the diluent affects
some gaseous emission measurement instruments' response to emissions.
We recommend diluting exhaust at a location as close as possible to the
location where ambient air dilution would occur in use.
    (b) Dilution-air conditions and background concentrations. Before a
diluent is mixed with exhaust, you may precondition it by increasing or
decreasing its temperature or humidity. You may also remove
constituents to reduce their background concentrations. The following
provisions apply to removing constituents or accounting for background
concentrations:
    (1) You may measure constituent concentrations in the diluent and
compensate for background effects on test results. See Sec.  1065.650
for calculations that compensate for background concentrations.
    (2) Either measure these background concentrations the same way you
measure diluted exhaust constituents, or measure them in a way that
does not affect your ability to demonstrate compliance with the
applicable standards. For example, you may use the following
simplifications for background sampling:
    (i) You may disregard any proportional sampling requirements.
    (ii) You may use unheated gaseous sampling systems.
    (iii) You may use unheated PM sampling systems.
    (iv) You may use continuous sampling if you use batch sampling for
diluted emissions.
    (v) You may use batch sampling if you use continuous sampling for
diluted emissions.

[[Continued on page 25297]]

]

[[pp. 25297-25346]] Control of Emissions of Air Pollution From Locomotive Engines and
Marine Compression-Ignition Engines Less Than 30 Liters per Cylinder

[[Continued from page 25296]]

    (3) For removing background PM, we recommend that you filter all
dilution air, including primary full-flow dilution air, with high-
efficiency particulate air (HEPA) filters that have an initial minimum
collection efficiency specification of 99.97% (see Sec.  1065.1001 for
procedures related to HEPA-filtration efficiencies). Ensure that HEPA
filters are installed properly so that background PM does not leak past
the HEPA filters. If you choose to correct for background PM without
using HEPA filtration, demonstrate that the background PM in the
dilution air contributes less than 50% to the net PM collected on the
sample filter. You may correct net PM without restriction if you use
HEPA filtration.
    (c) Full-flow dilution; constant-volume sampling (CVS). You may
dilute the full flow of raw exhaust in a dilution tunnel that maintains
a nominally constant volume flow rate, molar flow rate or mass flow
rate of diluted exhaust, as follows:
    (1) Construction. Use a tunnel with inside surfaces of 300 series
stainless steel. Electrically ground the entire dilution tunnel. We
recommend a thin-walled and insulated dilution tunnel to minimize
temperature differences between the wall and the exhaust gases.
    (2) Pressure control. Maintain static pressure at the location
where raw exhaust is introduced into the tunnel within  1.2
kPa of atmospheric pressure. You may use a booster blower to control
this pressure. If you test an engine using more careful pressure
control and you show by engineering analysis or by test data that you
require this level of control to demonstrate compliance at the
applicable standards, we will maintain the same level of static
pressure control when we test that engine.
    (3) Mixing. Introduce raw exhaust into the tunnel by directing it
downstream along the centerline of the tunnel. You may introduce a
fraction of dilution air radially from the tunnel's inner surface to
minimize exhaust interaction with the tunnel walls. You may configure
the system with turbulence generators such as orifice plates or fins to
achieve good mixing. We recommend a minimum Reynolds number, Re#, of
4000 for the diluted exhaust stream, where Re is based on the
inside diameter of the dilution tunnel. Re# is defined in Sec.
1065.640.
    (4) Flow measurement preconditioning. You may condition the diluted
exhaust before measuring its flow rate, as long as this conditioning
takes place downstream of any heated HC or PM sample probes, as
follows:
    (i) You may use flow straighteners, pulsation dampeners, or both of
these.
    (ii) You may use a filter.
    (iii) You may use a heat exchanger to control the temperature
upstream of any flow meter, but you must take steps to prevent aqueous
condensation as described in paragraph (c)(6) of this section.
    (5) Flow measurement. Section 1065.240 describes measurement
instruments for diluted exhaust flow.
    (6) Aqueous condensation. To ensure that you measure a flow that
corresponds to a measured concentration, you may either prevent aqueous
condensation between the sample probe location and the flow meter inlet
in the dilution tunnel or you may allow aqueous condensation to occur
and then measure humidity at the flow meter inlet. You may heat or
insulate the dilution tunnel walls, as well as the bulk stream tubing
downstream of the tunnel to prevent aqueous condensation. Calculations
in Sec.  1065.645 and Sec.  1065.650 account for either method of
addressing humidity in the diluted exhaust. Note that preventing
aqueous condensation involves more than keeping pure water in a vapor
phase (see Sec.  1065.1001).
    (7) Flow compensation. Maintain nominally constant molar,
volumetric or mass flow of diluted exhaust. You may maintain nominally
constant flow by either maintaining the temperature and pressure at the
flow meter or by directly controlling the flow of diluted exhaust. You
may also directly control the flow of proportional samplers to maintain
proportional sampling. For an individual test, validate proportional
sampling as described in Sec.  1065.545.
    (d) Partial-flow dilution (PFD). Except as specified in this
paragraph (d), you may dilute a partial flow of raw or previously
diluted exhaust before measuring emissions. Sec.  1065.240 describes
PFD-related flow measurement instruments. PFD may consist of constant
or varying dilution ratios as described in paragraphs (d)(2) and (3) of
this section. An example of a constant dilution ratio PFD is a
``secondary dilution PM'' measurement system.
    (1) Applicability. (i) You may not use PFD if the standard-setting
part prohibits it.
    (ii) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous PM emission sampling over any transient
duty cycle only if we have explicitly approved it according to Sec.
1065.10 as an alternative procedure to the specified procedure for
full-flow CVS.
    (iii) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous gaseous emission sampling.
    (iv) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous PM emission sampling over any steady-state
duty cycle or its ramped-modal cycle (RMC) equivalent.
    (v) You may use PFD to extract a proportional raw exhaust sample
for any batch or continuous field-testing.
    (vi) You may use PFD to extract a proportional diluted exhaust
sample from a CVS for any batch or continuous emission sampling.
    (vii) You may use PFD to extract a constant raw or diluted exhaust
sample for any continuous emission sampling.
    (2) Constant dilution-ratio PFD. Do one of the following for
constant dilution-ratio PFD:
    (i) Dilute an already proportional flow. For example, you may do
this as a way of performing secondary dilution from a CVS tunnel to
achieve overall dilution ratio for PM sampling.
    (ii) Continuously measure constituent concentrations. For example,
you might dilute to precondition a sample of raw exhaust to control its
temperature, humidity, or constituent concentrations upstream of
continuous analyzers. In this case, you must take into account the
dilution ratio before multiplying the continuous concentration by the
sampled exhaust flow rate.
    (iii) Extract a proportional sample from a separate constant
dilution ratio PFD system. For example, you might use a variable-flow
pump to proportionally fill a gaseous storage medium such as a bag from
a PFD system. In this case, the proportional sampling must meet the
same specifications as varying dilution ratio PFD in paragraph (d)(3)
of this section.
    (iv) For each mode of a discrete-mode test (such as a locomotive
notch setting or a specific setting for speed and torque), use a
constant dilution ratio for any PM sampling. You must change the
overall PM sampling system dilution ratio between modes so that the
dilution ratio on the mode with the highest exhaust flow rate meets
Sec.  1065.140(e)(2) and the dilution ratios on all other modes is
higher than this (minimum) dilution ratio by the ratio of the maximum
exhaust flow rate to the exhaust flow rate of the corresponding other
mode. This is the same dilution ratio requirement for RMC or field
transient testing. You must account for this change in dilution ratio
in your emission calculations.

    (3) Varying dilution-ratio PFD. All the following provisions apply
for varying dilution-ratio PFD:
    (i) Use a control system with sensors and actuators that can
maintain proportional sampling over intervals as short as 200 ms (i.e.,
5 Hz control).
    (ii) For control input, you may use any sensor output from one or
more measurements; for example, intake-air flow, fuel flow, exhaust
flow, engine speed, and intake manifold temperature and pressure.
    (iii) Account for any emission transit time in the PFD system, as
necessary.
    (iv) You may use preprogrammed data if they have been determined
for the specific test site, duty cycle, and test engine from which you
dilute emissions.
    (v) We recommend that you run practice cycles to meet the
validation criteria in Sec.  1065.545. Note that you must validate
every emission test by meeting the validation criteria with the data
from that specific test. Data from previously validated practice cycles
or other tests may not be used to validate a different emission test.
    (vi) You may not use a PFD system that requires preparatory tuning
or calibration with a CVS or with the emission results from a CVS.
Rather, you must be able to independently calibrate the PFD.
    (e) Dilution air temperature, dilution ratio, residence time, and
temperature control of PM samples. Dilute PM samples at least once
upstream of transfer lines. You may dilute PM samples upstream of a
transfer line using full-flow dilution, or partial-flow dilution
immediately downstream of a PM probe. In the case of partial-flow
dilution, you may have up to 26 cm of insulated length between the end
of the probe and the dilution stage, but we recommend that the length
be as short as practical. Configure dilution systems as follows:
    (1) Set the diluent (i.e., dilution air) temperature to (25  5) [deg]C. Use good engineering judgment to select a location to
measure this temperature. We recommend that you measure this
temperature as close as practical upstream of the point where diluent
mixes with raw exhaust.
    (2) For any PM dilution system (i.e., CVS or PFD), dilute raw
exhaust with diluent such that the minimum overall ratio of diluted
exhaust to raw exhaust is within the range of (5:1-7:1) and is at least
2:1 for any primary dilution stage. Base this minimum value on the
maximum engine exhaust flow rate for a given test interval. Either
measure the maximum exhaust flow during a practice run of the test
interval or estimate it based on good engineering judgment (for
example, you might rely on manufacturer-published literature).
    (3) Configure any PM dilution system to have an overall residence
time of (1 to 5) s, as measured from the location of initial diluent
introduction to the location where PM is collected on the sample media.
Also configure the system to have a residence time of at least 0.5 s,
as measured from the location of final diluent introduction to the
location where PM is collected on the sample media. When determining
residence times within sampling system volumes, use an assumed flow
temperature of 25 [deg]C and pressure of 101.325 kPa.
    (4) Control sample temperature to a (47  5) [deg]C
tolerance, as measured anywhere within 20 cm upstream or downstream of
the PM storage media (such as a filter). Measure this temperature with
a bare-wire junction thermocouple with wires that are (0.500  0.025) mm diameter, or with another suitable instrument that has
equivalent performance. The intent of these specifications is to
minimize heat transfer to or from the emissions sample prior to the
final stage of dilution. This is accomplished by initially cooling the
sample through dilution.

0
60. Section 1065.145 is revised to read as follows:

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

    (a) Continuous and batch sampling. Determine the total mass of each
constituent with continuous or batch sampling, as described in Sec.
1065.15(c)(2). Both types of sampling systems have probes, transfer
lines, and other sampling system components that are described in this
section.
    (b) Gaseous and PM sample probes. A probe is the first fitting in a
sampling system. It protrudes into a raw or diluted exhaust stream to
extract a sample, such that its inside and outside surfaces are in
contact with the exhaust. A sample is transported out of a probe into a
transfer line, as described in paragraph (c) of this section. The
following provisions apply to sample probes:
    (1) Probe design and construction. Use sample probes with inside
surfaces of 300 series stainless steel or, for raw exhaust sampling,
use any nonreactive material capable of withstanding raw exhaust
temperatures. Locate sample probes where constituents are mixed to
their mean sample concentration. Take into account the mixing of any
crankcase emissions that may be routed into the raw exhaust. Locate
each probe to minimize interference with the flow to other probes. We
recommend that all probes remain free from influences of boundary
layers, wakes, and eddies--especially near the outlet of a raw-exhaust
tailpipe where unintended dilution might occur. Make sure that purging
or back-flushing of a probe does not influence another probe during
testing. You may use a single probe to extract a sample of more than
one constituent as long as the probe meets all the specifications for
each constituent.
    (2) Probe installation on multi-stack engines. We recommend
combining multiple exhaust streams from multi-stack engines before
emission sampling as described in Sec.  1065.130(c)(6). If this is
impractical, you may install symmetrical probes and transfer lines in
each stack. In this case, each stack must be installed such that
similar exhaust velocities are expected at each probe location. Use
identical probe and transfer line diameters, lengths, and bends for
each stack. Minimize the individual transfer line lengths, and manifold
the individual transfer lines into a single transfer line to route the
combined exhaust sample to analyzers and/or batch samplers. For PM
sampling the manifold design must merge the individual sample streams
with a maximum angle of 12.5[deg] relative to the single sample
stream's flow. Note that the manifold must meet the same specifications
as the transfer line according to paragraph (c) of this section. If you
use this probe configuration and you determine your exhaust flow rates
with a chemical balance of exhaust gas concentrations and either intake
air flow or fuel flow, then show by prior testing that the
concentration of O\2\ in each stack remains within 5% of the mean O\2\
concentration throughout the entire duty cycle.
    (3) Gaseous sample probes. Use either single-port or multi-port
probes for sampling gaseous emissions. You may orient these probes in
any direction relative to the raw or diluted exhaust flow. For some
probes, you must control sample temperatures, as follows:
    (i) For probes that extract NOX from diluted exhaust,
control the probe's wall temperature to prevent aqueous condensation.
    (ii) For probes that extract hydrocarbons for THC or NMHC analysis
from the diluted exhaust of compression-ignition engines, 2-stroke
spark-ignition engines, or 4-stroke spark-ignition engines below 19 kW,
we recommend heating the probe to minimize hydrocarbon contamination
consistent with good engineering

judgment. If you routinely fail the contamination check in the 1065.520
pretest check, we recommend heating the probe section to approximately
190 [deg]C to minimize contamination.
    (4) PM sample probes. Use PM probes with a single opening at the
end. Orient PM probes to face directly upstream. If you shield a PM
probe's opening with a PM pre-classifier such as a hat, you may not use
the preclassifier we specify in paragraph (e)(1) of this section. We
recommend sizing the inside diameter of PM probes to approximate
isokinetic sampling at the expected mean flow rate.
    (c) Transfer lines. You may use transfer lines to transport an
extracted sample from a probe to an analyzer, storage medium, or
dilution system, noting certain restrictions for PM sampling in Sec.
1065.140(e). Minimize the length of all transfer lines by locating
analyzers, storage media, and dilution systems as close to probes as
practical. We recommend that you minimize the number of bends in
transfer lines and that you maximize the radius of any unavoidable
bend. Avoid using 90[deg] elbows, tees, and cross-fittings in transfer
lines. Where such connections and fittings are necessary, take steps,
using good engineering judgment, to ensure that you meet the
temperature tolerances in this paragraph (c). This may involve
measuring temperature at various locations within transfer lines and
fittings. You may use a single transfer line to transport a sample of
more than one constituent, as long as the transfer line meets all the
specifications for each constituent. The following construction and
temperature tolerances apply to transfer lines:
    (1) Gaseous samples. Use transfer lines with inside surfaces of 300
series stainless steel, PTFE, VitonTM, or any other material
that you demonstrate has better properties for emission sampling. For
raw exhaust sampling, use a non-reactive material capable of
withstanding raw exhaust temperatures. You may use in-line filters if
they do not react with exhaust constituents and if the filter and its
housing meet the same temperature requirements as the transfer lines,
as follows:
    (i) For NOX transfer lines upstream of either an
NO2-to-NO converter that meets the specifications of Sec.
1065.378 or a chiller that meets the specifications of Sec.  1065.376,
maintain a sample temperature that prevents aqueous condensation.
    (ii) For THC transfer lines for testing compression-ignition
engines, 2-stroke spark-ignition engines, or 4-stroke spark-ignition
engines below 19 kW, maintain a wall temperature tolerance throughout
the entire line of (191 11) [deg]C. If you sample from raw
exhaust, you may connect an unheated, insulated transfer line directly
to a probe. Design the length and insulation of the transfer line to
cool the highest expected raw exhaust temperature to no lower than 191
[deg]C, as measured at the transfer line's outlet. For dilute sampling,
you may use a transition zone between the probe and transfer line of up
to 92 cm to allow your wall temperature to transition to (191 11) [deg]C.
    (2) PM samples. We recommend heated transfer lines or a heated
enclosure to minimize temperature differences between transfer lines
and exhaust constituents. Use transfer lines that are inert with
respect to PM and are electrically conductive on the inside surfaces.
We recommend using PM transfer lines made of 300 series stainless
steel. Electrically ground the inside surface of PM transfer lines.
    (d) Optional sample-conditioning components for gaseous sampling.
You may use the following sample-conditioning components to prepare
gaseous samples for analysis, as long as you do not install or use them
in a way that adversely affects your ability to show that your engines
comply with all applicable gaseous emission standards.
    (1) NO2-to-NO converter. You may use an NO2-to-NO
converter that meets the efficiency-performance check specified in
Sec.  1065.378 at any point upstream of a NOX analyzer,
sample bag, or other storage medium.
    (2) Sample dryer. You may use either type of sample dryer described
in this paragraph (d)(2) to decrease the effects of water on gaseous
emission measurements. You may not use a chemical dryer, or use dryers
upstream of PM sample filters.
    (i) Osmotic-membrane. You may use an osmotic-membrane dryer
upstream of any gaseous analyzer or storage medium, as long as it meets
the temperature specifications in paragraph (c)(1) of this section.
Because osmotic-membrane dryers may deteriorate after prolonged
exposure to certain exhaust constituents, consult with the membrane
manufacturer regarding your application before incorporating an
osmotic-membrane dryer. Monitor the dewpoint, Tdew, and
absolute pressure, ptotal, downstream of an osmotic-membrane
dryer. You may use continuously recorded values of Tdew and
ptotal in the amount of water calculations specified in
Sec.  1065.645. If you do not continuously record these values, you may
use their peak values observed during a test or their alarm setpoints
as constant values in the calculations specified in Sec.  1065.645. You
may also use a nominal ptotal, which you may estimate as the
dryer's lowest absolute pressure expected during testing.
    (ii) Thermal chiller. You may use a thermal chiller upstream of
some gas analyzers and storage media. You may not use a thermal chiller
upstream of a THC measurement system for compression-ignition engines,
2-stroke spark-ignition engines, or 4-stroke spark-ignition engines
below 19 kW. If you use a thermal chiller upstream of an
NO2-to-NO converter or in a sampling system without an
NO2-to-NO converter, the chiller must meet the
NO2 loss-performance check specified in Sec.  1065.376.
Monitor the dewpoint, Tdew, and absolute pressure,
ptotal, downstream of a thermal chiller. You may use
continuously recorded values of Tdew and ptotal
in the emission calculations specified in Sec.  1065.650. If you do not
continuously record these values, you may use the maximum temperature
and minimum pressure values observed during a test or the high alarm
temperature setpoint and the low alarm pressure setpoint as constant
values in the amount of water calculations specified in Sec.  1065.645.
You may also use a nominal ptotal, which you may estimate as
the dryer's lowest absolute pressure expected during testing. If it is
valid to assume the degree of saturation in the thermal chiller, you
may calculate Tdew based on the known chiller performance