10227
                                     0.35
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                                     0.34
                                     10232
                                     0.33
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                                     0.32
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                                      0.3
                                     10239
                                     0.29
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                                     0.28
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                                     0.27
                                     10247
                                     0.26
                                     10249
                                     0.21
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                                     0.21
                                     10254
                                      0.1
                                     10256
                                     0.05
                                     10259
                                       0
                                     10261
                                     -0.05
                                     10264
                                     -0.1
                                     10266
                                     -0.15
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                                     -0.2
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                                     -0.25
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                                     -0.25
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                                     -0.27
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                                     -0.29
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                                     -0.3
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                                     -0.3
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                                     -0.34
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                                     -0.36
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                                     -0.38
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                                     -0.39
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                                     -0.39
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                                     -0.43
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                                     -0.45
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                                     -0.48
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                                     -0.5
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                                     -0.5
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                                     -0.55
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                                     -0.58
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                                     -0.6
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                                     -0.63
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                                     -0.65
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                                     -0.68
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                                     -0.68
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                                     -0.69
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                                     -0.7
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                                     -0.7
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                                     -0.71
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                                     -0.72
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                                     -0.72
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                                     -0.73
                                     10442
                                     -0.73
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                                     -0.74
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                                     -0.74
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                                     -0.75
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                                     -0.76
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                                     -0.77
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                                     -0.78
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                                     -0.79
                                     10509
                                     -0.8
                                     10511
                                     -0.8
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                                     -0.81
                                     10516
                                     -0.81
                                     10519
                                     -0.82
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                                     -0.83
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                                     -0.83
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                                     -0.82
                                     10605
                                     -0.82
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                                     -0.81
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                                     -0.81
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                                     -0.82
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                                     -0.82
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                                     -0.83
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                                     -0.83
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                                     -0.84
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                                     -0.84
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                                     -0.85
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                                     -0.86
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                                     -0.86
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                                     -0.87
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                                     -0.87
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                                     -0.9
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                                     -0.92
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                                     -0.95
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                                     -0.98
                                     10729
                                      -1
                                     10731
                                      -1
                                     10734
                                     -1.06
                                     10736
                                     -1.08
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                                     -1.11
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                                     -1.11
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                                     -1.14
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                                     -1.14
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                                     -1.18
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                                     -1.18
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                                     -1.28
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                                     -1.33
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                                     -1.38
                                     10855
                                     -1.43
                                     10858
                                     -1.47
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                                     -1.52
                                     10863
                                     -1.57
                                     10865
                                     -1.62
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                                     -1.62
                                     10892
                                     -1.64
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                                     -1.66
                                     10897
                                     -1.68
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                                     -1.7
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                                     -1.72
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                                     -1.74
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                                     -1.76
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                                     -1.78
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                                     -1.8
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                                     -1.82
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                                     -1.84
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                                     -1.85
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                                     -1.87
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                                     -1.89
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                                     -1.91
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                                     -1.93
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                                     -1.95
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                                     -1.97
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                                     -1.99
                                     10940
                                     -2.01
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                                     -2.01
                                     11043
                                      -2
                                     11048
                                      -2
                                     11050
                                     -1.98
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                                     -1.98
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                                     -1.97
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                                     -1.96
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                                     -1.96
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                                     -1.95
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                                     -1.31
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                                     -1.32
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                                     -1.4
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                                     -1.4
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                                     -1.41
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                                     -1.5
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                                     -1.57
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                                     -1.59
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                                     -1.61
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                                     -1.64
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                                     -1.68
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                                     -1.9
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                                     -1.91
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                                     -1.91
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                                     -1.97
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                                     -1.98
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                                     -1.98
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                                     -1.96
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                                     -1.95
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                                     -1.93
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                                     -1.92
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                                     -1.9
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                                     -1.89
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                                     -1.87
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                                     -1.86
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                                     -1.84
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                                     -1.83
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                                     -1.8
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                                     -1.77
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                                     -1.75
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                                     -1.72
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                                     -1.69
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                                     -1.66
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                                     -1.63
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                                     -1.61
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                                     -1.58
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                                     -1.55
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                                     -1.52
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                                     -1.49
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                                     -1.38
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                                     -1.35
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                                     -1.33
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                                     -1.3
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                                     -1.27
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                                     -1.18
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                                     -1.09
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                                     -0.99
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                                     -0.9
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                                     -0.81
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                                     -0.72
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                                     -0.62
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                                     -0.53
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                                     -0.35
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                                     0.03
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                                     0.13
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                                     0.22
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                                     0.31
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                                     0.41
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                                      0.5
                                     12813
                                      0.6
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                                     0.66
                                     12818
                                     0.72
                                     12821
                                     0.79
                                     12823
                                     0.85
                                     12826
                                     0.91
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                                     0.97
                                     12831
                                     1.04
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                                      1.1
                                     12836
                                      1.1
                                     12838
                                     1.22
                                     12888
                                     1.22
                                     12890
                                     1.25
                                     12893
                                     1.27
                                     12895
                                     1.29
                                     12898
                                     1.31
                                     12900
                                     1.33
                                     12902
                                     1.35
                                     12905
                                     1.37
                                     12907
                                     1.39
                                     12910
                                     1.41
                                     12912
                                     1.43
                                     12999
                                     1.43
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                                     1.42
                                     13032
                                     1.42
                                     13035
                                     1.41
                                     13039
                                     1.41
                                     13042
                                      1.4
                                     13044
                                      1.4
                                     13047
                                     1.39
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                                     1.39
                                     13051
                                     1.38
                                     13158
                                     1.38
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                                     1.39
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                                     1.39
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                                      1.4
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                                      1.4
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                                     1.41
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                                     1.41
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                                     1.42
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                                     1.42
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                                     1.43
                                     13332
                                     1.43
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                                     1.42
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                                     1.42
                                     13410
                                     1.41
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                                     1.41
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                                      1.4
                                     13759
                                      1.4
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                                     1.41
                                     13864
                                     1.41
                                     13867
                                     1.42
                                     13882
                                     1.42
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                                     1.43
                                     13896
                                     1.43
                                     13899
                                     1.44
                                     13909
                                     1.44
                                     13911
                                     1.45
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                                     1.45
                                     14031
                                     1.44
                                     14036
                                     1.44
                                     14039
                                     1.45
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                                     1.45
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                                     1.46
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                                     1.46
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                                     1.47
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                                     1.47
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                                     1.48
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                                     1.48
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                                     1.46
                                     14164
                                     1.44
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                                     1.42
                                     14169
                                      1.4
                                     14171
                                     1.38
                                     14174
                                     1.36
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                                     1.34
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                                     1.33
                                     14181
                                     1.31
                                     14183
                                     1.29
                                     14208
                                     1.29
                                     14210
                                     1.26
                                     14213
                                     1.23
                                     14215
                                     1.19
                                     14218
                                     1.16
                                     14220
                                     1.13
                                     14223
                                      1.1
                                     14225
                                     1.07
                                     14228
                                     1.04
                                     14230
                                       1
                                     14232
                                     0.97
                                     14257
                                     0.97
                                     14259
                                     0.91
                                     14262
                                     0.85
                                     14264
                                     0.78
                                     14267
                                     0.72
                                     14269
                                     0.66
                                     14272
                                     0.59
                                     14274
                                     0.53
                                     14277
                                     0.47
                                     14279
                                      0.4
                                     14282
                                     0.34
                                     14379
                                     0.34
                                     14381
                                     0.21
                                     14384
                                     0.08
                                     14386
                                     -0.04
                                     14389
                                     -0.17
                                     14391
                                     -0.3
                                     14393
                                     -0.43
                                     14396
                                     -0.56
                                     14398
                                     -0.68
                                     14401
                                     -0.81
                                     14403
                                     -0.94
                                     14526
                                     -0.94
                                     14528
                                     -0.98
                                     14531
                                     -1.03
                                     14533
                                     -1.07
                                     14536
                                     -1.12
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                                     -1.16
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                                     -1.21
                                     14543
                                     -1.25
                                     14546
                                     -1.3
                                     14548
                                     -1.34
                                     14551
                                     -1.39
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                                     -1.39
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                                     -1.38
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                                     -1.38
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                                     -1.37
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                                     -1.37
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                                     -1.36
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                                     -1.36
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                                     -1.35
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                                     -1.35
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                                     -1.34
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                                     -1.34
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                                     -1.33
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                                     -1.33
                                     14823
                                     -1.32
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                                     -1.32
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                                     -1.31
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                                     -1.31
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                                     -1.3
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                                     -1.29
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                                     -1.3
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                                     -1.31
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                                     -1.34
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                                     -1.35
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                                     -1.36
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                                     -1.38
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                                     -1.36
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                                     -1.3
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                                     -1.23
                                     15249
                                     -1.21
                                     15251
                                     -1.19
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                                     -1.19
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                                     -1.1
                                     15357
                                      -1
                                     15359
                                     -0.91
                                     15362
                                     -0.82
                                     15364
                                     -0.73
                                     15367
                                     -0.64
                                     15369
                                     -0.55
                                     15372
                                     -0.46
                                     15374
                                     -0.37
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                                     -0.28
                                     15379
                                     -0.2
                                     15382
                                     -0.12
                                     15384
                                     -0.04
                                     15387
                                     0.03
                                     15389
                                     0.11
                                     15392
                                     0.19
                                     15394
                                     0.26
                                     15397
                                     0.34
                                     15399
                                     0.42
                                     15402
                                     0.49
                                     15501
                                     0.49
                                     15503
                                     0.59
                                     15506
                                     0.69
                                     15508
                                     0.79
                                     15511
                                     0.89
                                     15513
                                     0.99
                                     15516
                                     1.08
                                     15518
                                     1.18
                                     15521
                                     1.28
                                     15523
                                     1.38
                                     15525
                                     1.48
                                     15598
                                     1.48
                                     15601
                                     1.51
                                     15603
                                     1.55
                                     15606
                                     1.58
                                     15608
                                     1.62
                                     15610
                                     1.65
                                     15613
                                     1.68
                                     15615
                                     1.72
                                     15618
                                     1.75
                                     15620
                                     1.79
                                     15623
                                     1.82
                                     15625
                                     1.83
                                     15627
                                     1.85
                                     15630
                                     1.85
                                     15632
                                     1.87
                                     15635
                                     1.88
                                     15637
                                     1.89
                                     15639
                                     1.91
                                     15642
                                     1.92
                                     15644
                                     1.93
                                     15647
                                     1.94
                                     15721
                                     1.94
                                     15723
                                     1.93
                                     15726
                                     1.93
                                     15728
                                     1.92
                                     15730
                                     1.92
                                     15733
                                     1.91
                                     15738
                                     1.91
                                     15740
                                      1.9
                                     15742
                                      1.9
                                     15745
                                     1.89
                                     15747
                                     1.89
                                     15749
                                     1.88
                                     15752
                                     1.88
                                     15754
                                     1.87
                                     15757
                                     1.87
                                     15759
                                     1.86
                                     15761
                                     1.86
                                     15764
                                     1.85
                                     15773
                                     1.85
                                     15776
                                     1.84
                                     15783
                                     1.84
                                     15785
                                     1.83
                                     15867
                                     1.83
                                     15870
                                     1.84
                                     15877
                                     1.84
                                     15879
                                     1.85
                                     15962
                                     1.85
                                     15965
                                     1.86
                                     15977
                                     1.86
                                     15979
                                     1.87
                                     16141
                                     1.87
                                     16144
                                     1.88
                                     16259
                                     1.88
                                     16262
                                     1.89
                                     16266
                                     1.89
                                     16269
                                      1.9
                                     16276
                                      1.9
                                     16279
                                     1.91
                                     16328
                                     1.91
                                     16330
                                      1.9
                                     16333
                                     1.89
                                     16335
                                     1.88
                                     16338
                                     1.87
                                     16340
                                     1.86
                                     16342
                                     1.85
                                     16345
                                     1.85
                                     16347
                                     1.84
                                     16350
                                     1.83
                                     16352
                                     1.82
                                     16377
                                     1.82
                                     16379
                                     1.79
                                     16382
                                     1.77
                                     16384
                                     1.75
                                     16387
                                     1.72
                                     16389
                                      1.7
                                     16392
                                     1.68
                                     16394
                                     1.65
                                     16396
                                     1.63
                                     16399
                                     1.61
                                     16401
                                     1.58
                                     16500
                                     1.58
                                     16502
                                     1.54
                                     16504
                                      1.5
                                     16507
                                     1.45
                                     16509
                                     1.41
                                     16512
                                     1.36
                                     16514
                                     1.32
                                     16517
                                     1.27
                                     16519
                                     1.23
                                     16522
                                     1.19
                                     16524
                                     1.14
                                     16527
                                     1.11
                                     16529
                                     1.08
                                     16531
                                     1.05
                                     16534
                                     1.02
                                     16536
                                       1
                                     16539
                                     0.97
                                     16541
                                     0.94
                                     16544
                                     0.91
                                     16546
                                     0.88
                                     16549
                                     0.85
                                     16625
                                     0.85
                                     16627
                                     0.84
                                     16630
                                     0.83
                                     16632
                                     0.81
                                     16634
                                     0.79
                                     16637
                                     0.79
                                     16639
                                     0.77
                                     16642
                                     0.75
                                     16644
                                     0.74
                                     16649
                                     0.74
                                     16651
                                     0.73
                                     16678
                                     0.73
                                     16680
                                     0.74
                                     16692
                                     0.74
                                     16695
                                     0.75
                                     16772
                                     0.75
                                     16774
                                     0.76
                                     16777
                                     0.76
                                     16779
                                     0.77
                                     16782
                                     0.77
                                     16784
                                     0.78
                                     16789
                                     0.78
                                     16791
                                     0.79
                                     16897
                                     0.79
                                     16899
                                     0.78
                                     16919
                                     0.78
                                     16921
                                     0.77
                                     16936
                                     0.77
                                     16939
                                     0.76
                                     17012
                                     0.76
                                     17015
                                     0.77
                                     17062
                                     0.77
                                     17064
                                     0.78
                                     17081
                                     0.78
                                     17084
                                     0.79
                                     17103
                                     0.79
                                     17106
                                      0.8
                                     17153
                                      0.8
                                     17155
                                     0.81
                                     17177
                                     0.81
                                     17180
                                     0.82
                                     17266
                                     0.82
                                     17268
                                     0.81
                                     17278
                                     0.81
                                     17280
                                      0.8
                                     17293
                                      0.8
                                     17295
                                     0.79
                                     17408
                                     0.79
                                     17410
                                     0.77
                                     17413
                                     0.76
                                     17415
                                     0.75
                                     17418
                                     0.74
                                     17420
                                     0.74
                                     17423
                                     0.73
                                     17425
                                     0.72
                                     17428
                                     0.71
                                     17430
                                      0.7
                                     17455
                                      0.7
                                     17457
                                     0.68
                                     17460
                                     0.66
                                     17462
                                     0.64
                                     17464
                                     0.62
                                     17467
                                     0.59
                                     17469
                                     0.57
                                     17472
                                     0.55
                                     17474
                                     0.53
                                     17477
                                     0.51
                                     17479
                                     0.49
                                     17528
                                     0.49
                                     17531
                                     0.43
                                     17533
                                     0.37
                                     17536
                                     0.31
                                     17538
                                     0.31
                                     17541
                                     0.18
                                     17543
                                     0.12
                                     17546
                                     0.06
                                     17548
                                       0
                                     17551
                                     -0.06
                                     17553
                                     -0.12
                                     17649
                                     -0.12
                                     17652
                                     -0.13
                                     17654
                                     -0.27
                                     17657
                                     -0.42
                                     17659
                                     -0.42
                                     17662
                                     -0.71
                                     17664
                                     -0.86
                                     17667
                                      -1
                                     17669
                                     -1.15
                                     17672
                                     -1.29
                                     17674
                                     -1.44
                                     17677
                                     -1.58
                                     17801
                                     -1.58
                                     17803
                                     -1.61
                                     17806
                                     -1.64
                                     17808
                                     -1.67
                                     17811
                                     -1.69
                                     17813
                                     -1.72
                                     17816
                                     -1.75
                                     17818
                                     -1.78
                                     17821
                                     -1.81
                                     17823
                                     -1.83
                                     17826
                                     -1.86
                                     17851
                                     -1.86
                                     17854
                                     -1.87
                                     17856
                                     -1.88
                                     17859
                                     -1.89
                                     17861
                                     -1.89
                                     17864
                                     -1.9
                                     17866
                                     -1.91
                                     17869
                                     -1.92
                                     17871
                                     -1.92
                                     17874
                                     -1.93
                                     17876
                                     -1.94
                                     17879
                                     -1.93
                                     17884
                                     -1.93
                                     17886
                                     -1.91
                                     17889
                                     -1.91
                                     17891
                                     -1.9
                                     17894
                                     -1.89
                                     17896
                                     -1.88
                                     17899
                                     -1.88
                                     17901
                                     -1.87
                                     18028
                                     -1.87
                                     18030
                                     -1.85
                                     18033
                                     -1.83
                                     18035
                                     -1.83
                                     18038
                                     -1.79
                                     18040
                                     -1.77
                                     18043
                                     -1.75
                                     18045
                                     -1.73
                                     18048
                                     -1.71
                                     18051
                                     -1.69
                                     18053
                                     -1.67
                                     18180
                                     -1.67
                                     18182
                                     -1.69
                                     18185
                                     -1.7
                                     18188
                                     -1.71
                                     18190
                                     -1.72
                                     18193
                                     -1.74
                                     18195
                                     -1.75
                                     18198
                                     -1.76
                                     18200
                                     -1.78
                                     18203
                                     -1.79
                                     18205
                                     -1.8
                                     18231
                                     -1.8
                                     18233
                                     -1.81
                                     18236
                                     -1.83
                                     18238
                                     -1.84
                                     18241
                                     -1.85
                                     18243
                                     -1.87
                                     18246
                                     -1.88
                                     18248
                                     -1.89
                                     18251
                                     -1.91
                                     18254
                                     -1.92
                                     18256
                                     -1.93
                                     18307
                                     -1.93
                                     18309
                                     -1.95
                                     18312
                                     -1.96
                                     18315
                                     -1.98
                                     18317
                                     -1.99
                                     18320
                                      -2
                                     18322
                                     -2.02
                                     18325
                                     -2.03
                                     18327
                                     -2.05
                                     18330
                                     -2.06
                                     18332
                                     -2.08
                                     18411
                                     -2.08
                                     18414
                                     -2.07
                                     18416
                                     -2.07
                                     18419
                                     -2.06
                                     18424
                                     -2.06
                                     18427
                                     -2.05
                                     18432
                                     -2.05
                                     18434
                                     -2.04
                                     18437
                                     -2.04
                                     18439
                                     -2.03
                                     18442
                                     -2.02
                                     18445
                                     -2.02
                                     18447
                                     -2.01
                                     18450
                                     -2.01
                                     18452
                                      -2
                                     18455
                                     -1.99
                                     18457
                                     -1.99
                                     18460
                                     -1.98
                                     18463
                                     -1.98
                                     18465
                                     -1.97
                                     18468
                                     -1.96
                                     18470
                                     -1.96
                                     18473
                                     -1.95
                                     18475
                                     -1.94
                                     18478
                                     -1.94
                                     18480
                                     -1.93
                                     18483
                                     -1.93
                                     18486
                                     -1.92
                                     18591
                                     -1.92
                                     18593
                                     -1.91
                                     18596
                                     -1.91
                                     18598
                                     -1.9
                                     18603
                                     -1.9
                                     18606
                                     -1.89
                                     18609
                                     -1.89
                                     18611
                                     -1.88
                                     18724
                                     -1.88
                                     18727
                                     -1.89
                                     18737
                                     -1.89
                                     18739
                                     -1.9
                                     18768
                                     -1.9
                                     18770
                                     -1.89
                                     18775
                                     -1.89
                                     18778
                                     -1.88
                                     18783
                                     -1.88
                                     18786
                                     -1.87
                                     18791
                                     -1.87
                                     18793
                                     -1.86
                                     18801
                                     -1.86
                                     18804
                                     -1.85
                                     18809
                                     -1.85
                                     18811
                                     -1.84
                                     18816
                                     -1.84
                                     18819
                                     -1.83
                                     18845
                                     -1.83
                                     18847
                                     -1.78
                                     18850
                                     -1.72
                                     18852
                                     -1.67
                                     18855
                                     -1.61
                                     18858
                                     -1.55
                                     18860
                                     -1.5
                                     18863
                                     -1.44
                                     18865
                                     -1.39
                                     18868
                                     -1.33
                                     18870
                                     -1.28
                                     18978
                                     -1.28
                                     18980
                                     -1.17
                                     18983
                                     -1.05
                                     18985
                                      -1
                                     18988
                                     -0.94
                                     18991
                                     -0.89
                                     18993
                                     -0.83
                                     18996
                                     -0.78
                                     18998
                                     -0.72
                                     19001
                                     -0.72
                                     19003
                                     -0.64
                                     19006
                                     -0.49
                                     19008
                                     -0.41
                                     19011
                                     -0.33
                                     19013
                                     -0.25
                                     19016
                                     -0.18
                                     19019
                                     -0.1
                                     19021
                                     -0.02
                                     19024
                                     0.06
                                     19124
                                     0.06
                                     19127
                                     0.08
                                     19129
                                      0.1
                                     19132
                                     0.13
                                     19134
                                     0.15
                                     19137
                                     0.17
                                     19139
                                     0.19
                                     19142
                                     0.22
                                     19144
                                     0.24
                                     19146
                                     0.26
                                     19149
                                     0.28
                                     19198
                                     0.28
                                     19201
                                     0.29
                                     19203
                                     0.29
                                     19206
                                      0.3
                                     19211
                                      0.3
                                     19213
                                     0.31
                                     19218
                                     0.31
                                     19220
                                     0.32
                                     19267
                                     0.32
                                     19269
                                     0.33
                                     19345
                                     0.33
                                     19348
                                     0.32
                                     19357
                                     0.32
                                     19360
                                     0.31
                                     19372
                                     0.31
                                     19374
                                      0.3
                                     19384
                                      0.3
                                     19387
                                     0.29
                                     19423
                                     0.29
                                     19426
                                     0.28
                                     19473
                                     0.28
                                     19475
                                     0.29
                                     19492
                                     0.29
                                     19495
                                      0.3
                                     19615
                                      0.3
                                     19618
                                     0.31
                                     19620
                                     0.32
                                     19623
                                     0.33
                                     19625
                                     0.34
                                     19628
                                     0.35
                                     19630
                                     0.35
                                     19632
                                     0.36
                                     19635
                                     0.37
                                     19637
                                     0.38
                                     19640
                                     0.39
                                     19682
                                     0.39
                                     19684
                                      0.4
                                     19704
                                      0.4
                                     19706
                                     0.41
                                     19731
                                     0.41
                                     19733
                                     0.42
                                     19817
                                     0.42
                                     19819
                                     0.41
                                     19822
                                     0.41
                                     19824
                                      0.4
                                     19827
                                      0.4
                                     19829
                                     0.39
                                     19832
                                     0.39
                                     19834
                                     0.38
                                     19937
                                     0.38
                                     19940
                                     0.39
                                     19942
                                     0.39
                                     19945
                                      0.4
                                     19947
                                      0.4
                                     19949
                                     0.41
                                     19954
                                     0.41
                                     19957
                                     0.42
                                     20058
                                     0.42
                                     20060
                                     0.41
                                     20063
                                     0.39
                                     20065
                                     0.38
                                     20067
                                     0.37
                                     20070
                                     0.35
                                     20072
                                     0.34
                                     20075
                                     0.32
                                     20077
                                     0.31
                                     20080
                                      0.3
                                     20082
                                     0.28
                                     20156
                                     0.28
                                     20158
                                       0
                                     20193
                                       0

PART 1039 -- CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES
1. The authority citation for part 1039 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.

Subpart A -- Overview and Applicability

2. Section 1039.2 is revised to read as follows:
§1039.2  Who is responsible for compliance?
The regulations in this part 1039 contain provisions that affect both manufacturers and others. However, the requirements of this part are generally addressed to the manufacturer. The term "you" generally means the manufacturer, as defined in §1039.801, especially for issues related to certification. Note that for engines that become new after being placed into service (such as engines converted from highway or stationary use), the requirements that normally apply for manufacturers of freshly manufactured engines apply to the importer or any other entity we allow to obtain a certificate of conformity.

3. Section 1039.5 is amended by revising the introductory text and paragraph (e) and adding paragraph (a)(2)(iii) to read as follows:
§1039.5   Which engines are excluded from this part's requirements?
This part does not apply to certain nonroad engines, as follows:
(a)	*	*	*
(2)	*	*	*
(iii) Locomotive engines produced under the provisions of 40 CFR 1033.625.
*	*	*	*	*
(e) Engines used in recreational vehicles. Engines certified to meet the requirements of 40 CFR part 1051 are not subject to the provisions of this part 1039.

4. Section 1039.30 is revised to read as follows:
§1039.30 Submission of information.
Send all reports and requests for approval to the Designated Compliance Officer (see §1039.801). See §1039.825 for additional reporting and recordkeeping provisions.

Subpart B -- Emission Standards and Related Requirements

5. Section 1039.102 is amended by revising paragraph (e)(3) to read as follows:
§1039.102 What exhaust emission standards and phase-in allowances apply for my engines in model year 2014 and earlier?
*	*	*	*	*
(e)	*	*	*
(3) You may use NOx +NMHC emission credits to certify an engine family to the alternate NOx +NMHC standards in this paragraph (e)(3) instead of the otherwise applicable alternate NOx and NMHC standards.  Calculate the alternate NOx +NMHC standard by adding 0.1 g/kW-hr to the numerical value of the applicable alternate NOx standard of paragraph (e)(1) or (2) of this section.  Engines certified to the NOx +NMHC standards of this paragraph (e)(3) may not generate emission credits.  The FEL caps for engine families certified under this paragraph (e)(3) are the previously applicable NOx +NMHC standards of 40 CFR 89.112 (generally the Tier 3 standards).
*	*	*	*	*

6. Section 1039.104 is amended by adding paragraph (i) to read as follows:
§1039.104   Are there interim provisions that apply only for a limited time?
*	*	*	*	*
(i) Lead time for diagnostic controls.  Model year 2017 and earlier engines are not subject to the requirements for diagnostic controls specified in §1039.110.
*	*	*	*	*

7. Section 1039.107 is amended by revising paragraph (b)(2) to read as follows:
§1039.107  What evaporative emission standards and requirements apply?
*	*	*	*	*
(b)	*	*	*
(2) Present test data to show that equipment using your engines meets the evaporative emission standards we specify in this section if you do not use design-based certification under 40 CFR 1048.245.

8. A new § 1039.110 is added to subpart B to read as follows:
§1039.110   Recording reductant use and other diagnostic functions.
(a) Engines equipped with SCR systems using a reductant other than the engine's fuel must meet the following requirements:
   (1) The diagnostic system must monitor reductant quality and tank levels and alert operators to the need to refill the reductant tank before it is empty, or to replace the reductant if it does not meet your concentration specifications. Unless we approve other alerts, use a warning lamp or an audible alarm. You do not need to separately monitor reductant quality if you include an exhaust NOX sensor (or other sensor) that allows you to determine inadequate reductant quality. However, tank level must be monitored in all cases.
   (2) The onboard computer log must record in nonvolatile computer memory all incidents of engine operation with inadequate reductant injection or reductant quality.
(b) You may equip your engine with other diagnostic features. If you do, they must be designed to allow us to read and interpret the codes. Note that § 1039.205 requires you to provide us any information needed to read, record, and interpret all the information broadcast by an engine's onboard computers and electronic control units.

9. Section 1039.120 is amended by revising paragraph (b) before the table to read as follows:
§1039.120  What emission-related warranty requirements apply to me?
*	*	*	*	*
(b) Warranty period. Your emission-related warranty must be valid for at least as long as the minimum warranty periods listed in this paragraph (b) in hours of operation and years, whichever comes first.  You may offer an emission-related warranty more generous than we require.  The emission-related warranty for the engine may not be shorter than any basic mechanical warranty you provide without charge for the engine.  Similarly, the emission-related warranty for any component may not be shorter than any warranty you provide without charge for that component.  This means that your warranty may not treat emission-related and nonemission-related defects differently for any component.  If an engine has no hour meter, we base the warranty periods in this paragraph (b) only on the engine's age (in years).  The warranty period begins when the engine is placed into service.  The minimum warranty periods are shown in the following table:
*	*	*	*	*

10. Section 1039.125 is amended by revising paragraphs (c) and (e) to read as follows:
§1039.125  What maintenance instructions must I give to buyers?
*	*	*	*	*
(c) Special maintenance. You may specify more frequent maintenance to address problems related to special situations, such as atypical engine operation.  You must clearly state that this additional maintenance is associated with the special situation you are addressing.  You may also address maintenance of low-use engines (such as recreational or stand-by engines) by specifying the maintenance interval in terms of calendar months or years in addition to your specifications in terms of engine operating hours.  All special maintenance instructions must be consistent with good engineering judgment.  We may disapprove your maintenance instructions if we determine that you have specified special maintenance steps to address engine operation that is not atypical, or that the maintenance is unlikely to occur in use.  If we determine that certain maintenance items do not qualify as special maintenance under this paragraph (c), you may identify this as recommended additional maintenance under paragraph (b) of this section.  We may disapprove your maintenance instructions if we determine that you have specified special maintenance steps to address engine operation that is not atypical, or that the maintenance is unlikely to occur in use.  If we determine that certain maintenance items do not qualify as special maintenance under this paragraph (c), you may identify this as recommended additional maintenance under paragraph (b) of this section.
*	*	*	*	*
(e) Maintenance that is not emission-related. For maintenance unrelated to emission controls, you may schedule any amount of inspection or maintenance.  You may also take these inspection or maintenance steps during service accumulation on your emission-data engines, as long as they are reasonable and technologically necessary.  This might include adding engine oil, changing air, fuel, or oil filters, servicing engine-cooling systems or fuel-water separator cartridges or elements, and adjusting idle speed, governor, engine bolt torque, valve lash, or injector lash.  You may not perform this nonemission-related maintenance on emission-data engines more often than the least frequent intervals that you recommend to the ultimate purchaser.
*	*	*	*	*

11. Section 1039.130 is amended by adding paragraph (b)(4) and revising paragraph (b)(5) to read as follows:
§1039.130   What installation instructions must I give to equipment manufacturers?
(a)	*	*	*
(4) Describe any necessary steps for installing the diagnostic system described in §1039.110.
(5) Describe how your certification is limited for any type of application.  For example, if your engines are certified only for constant-speed operation, tell equipment manufacturers not to install the engines in variable-speed applications.
*	*	*	*	*

12. Section 1039.135 is amended by revising paragraphs (c)(2) and (d) to read as follows:
§1039.135  How must I label and identify the engines I produce?
*	*	*	*	*
(c)	*	*	*
(2) Include your full corporate name and trademark.  You may identify another company and use its trademark instead of yours if you comply with the branding provisions of 40 CFR 1068.45.
*	*	*	*	*
(d) You may add information to the emission control information label as follows:
(1) If your emission control information label includes all the information described in paragraphs (c)(5) through (10) of this section, you may identify other emission standards that the engine meets or does not meet (such as international standards).  You may include this information by adding it to the statement we specify or by including a separate statement.
(2) You may add other information to ensure that the engine will be properly maintained and used.
(3) You may add appropriate features to prevent counterfeit labels.  For example, you may include the engine's unique identification number on the label.
*	*	*	*	*

Subpart C -- Certifying Engine Families

13. Section 1039.201 is amended by revising paragraphs (a) and (g) to read as follows:
§1039.201  What are the general requirements for obtaining a certificate of conformity?
 (a) You must send us a separate application for a certificate of conformity for each engine family.  A certificate of conformity is valid for new production from the indicated effective date until the end of the model year for which it is issued, which may not extend beyond December 31 of that year.  No new certificate will be issued after December 31 of the model year.  You may amend your application for certification after the end of the model year in certain circumstances as described in §§ 1039.220 and 1039.225.  You must renew your certification annually for any engines you continue to produce.
*	*	*	*	*
(g) We may require you to deliver your test engines to a facility we designate for our testing (see §1039.235(c)).  Alternatively, you may choose to deliver another engine that is identical in all material respects to the test engine, or another engine that we determine can appropriately serve as an emission-data engine for the engine family.
*	*	*	*	*

14. Section 1039.205 is amended by revising paragraph (r)(1) and adding paragraph (bb) to read as follows:
§1039.205  What must I include in my application?
*	*	*	*	*
(r) 	*	*	*
   (1)  Report all valid test results involving measurement of pollutants for which emission standards apply.  Also indicate whether there are test results from invalid tests or from any other tests of the emission-data engine, whether or not they were conducted according to the test procedures of subpart F of this part.  We may require you to report these additional test results.  We may ask you to send other information to confirm that your tests were valid under the requirements of this part and 40 CFR part 1065.
*	*	*	*	*
(bb) For imported engines or equipment, identify the following:
   (1) Describe your normal practice for importing engines. For example, this may include identifying the names and addresses of any agents you have authorized to import your engines.
   (2) For engines below 560 kW, identify a test facility in the United States where you can test your engines if we select them for testing under a selective enforcement audit, as specified in 40 CFR part 1068, subpart E.

15. Section 1039.220 is amended by revising the section heading as to read as follows:
§1039.220  How do I amend my maintenance instructions?
*	*	*	*	*

16. Section 1039.225 is amended by revising the introductory text and adding paragraph (b)(4) to read as follows:
§1039.225  How do I amend my application for certification?
Before we issue you a certificate of conformity, you may amend your application to include new or modified engine configurations, subject to the provisions of this section. After we have issued your certificate of conformity, but before the end of the model year, you may send us an amended application requesting that we include new or modified engine configurations within the scope of the certificate, subject to the provisions of this section. Before the end of the model year, you must amend your application if any changes occur with respect to any information that is included or should be included in your application. After the end of the model year, you may amend your application only to update maintenance instructions as described in §1039.220 or to modify an FEL as described in paragraph (f) of this section.
*	*	*	*	*
(b)	*	*	*
   (4) Include any other information needed to make your application correct and complete.
*	*	*	*	*

17. Section 1039.230 is amended by adding paragraph (f) to read as follows:
§1039.230  How do I select engine families?
*	*	*	*	*
(f) You may certify dual-fuel or flexible-fuel engines in a single engine family.

18. Section 1039.235 is amended by revising paragraphs (a) and (b) to read as follows:
§1039.235  What testing requirements apply for certification?
*	*	*	*	*
(a) Select an emission-data engine from each engine family for testing.  Select the engine configuration with the highest volume of fuel injected per cylinder per combustion cycle at the point of maximum torque -- unless good engineering judgment indicates that a different engine configuration is more likely to exceed (or have emissions nearer to) an applicable emission standard or FEL.  If two or more engines have the same fueling rate at maximum torque, select the one with the highest fueling rate at rated speed.  In making this selection, consider all factors expected to affect emission-control performance and compliance with the standards, including emission levels of all exhaust constituents, especially NOx and PM.
(b) Test your emission-data engines using the procedures and equipment specified in subpart F of this part. In the case of dual-fuel engines, measure emissions when operating with each type of fuel for which you intend to certify the engine. In the case of flexible-fuel engines, measure emissions when operating with the fuel mixture that is most likely to cause the engine to exceed the applicable NOx (or NOx+NMHC) emission standard, though you may ask us to instead perform tests with both fuels separately if you can show that intermediate mixtures are not likely to occur in use.
*	*	*	*	*

19. Section 1039.225 is amended by revising paragraphs (c) and (d) and removing paragraph (e) to read as follows:
§1039.240  How do I demonstrate that my engine family complies with exhaust emission standards?
*	*	*	*	*
(c) To compare emission levels from the emission-data engine with the applicable emission standards, apply deterioration factors to the measured emission levels for each pollutant.  Section 1039.245 specifies how to test your engine to develop deterioration factors that represent the deterioration expected in emissions over your engines' full useful life.  Your deterioration factors must take into account any available data from in-use testing with similar engines.  Small-volume engine manufacturers may use assigned deterioration factors that we establish.  Apply deterioration factors as follows:
   (1) Additive deterioration factor for exhaust emissions. Except as specified in paragraph (c)(2) of this section, use an additive deterioration factor for exhaust emissions.  An additive deterioration factor is the difference between exhaust emissions at the end of the useful life and exhaust emissions at the low-hour test point.  In these cases, adjust the official emission results for each tested engine at the selected test point by adding the factor to the measured emissions.  If the factor is less than zero, use zero.  Additive deterioration factors must be specified to one more decimal place than the applicable standard.
   (2) Multiplicative deterioration factor for exhaust emissions. Use a multiplicative deterioration factor if good engineering judgment calls for the deterioration factor for a pollutant to be the ratio of exhaust emissions at the end of the useful life to exhaust emissions at the low-hour test point.  For example, if you use aftertreatment technology that controls emissions of a pollutant proportionally to engine-out emissions, it is often appropriate to use a multiplicative deterioration factor.  Adjust the official emission results for each tested engine at the selected test point by multiplying the measured emissions by the deterioration factor.  If the factor is less than one, use one.  A multiplicative deterioration factor may not be appropriate in cases where testing variability is significantly greater than engine-to-engine variability.  Multiplicative deterioration factors must be specified to one more significant figure than the applicable standard.
   (3) Sawtooth deterioration patterns. The deterioration factors described in paragraphs (c)(1) and (2) of this section assume that the highest useful life emissions occur either at the end of useful life or at the low-hour test point. The provisions of this paragraph (c)(3) apply where good engineering judgment indicates that the highest emissions over the useful life will occur between these two points. For example, emissions may increase with service accumulation until a certain maintenance step is performed, then return to the low-hour emission levels and begin increasing again. Base deterioration factors for engines with such emission patterns on the difference between (or ratio of) the point at which the highest emissions occur and the low-hour test point. Note that this applies for maintenance-related deterioration only where we allow such critical emission-related maintenance.
   (4) Deterioration factor for smoke. Deterioration factors for smoke are always additive, as described in paragraph (c)(1) of this section.
   (5) Deterioration factor for crankcase emissions. If your engine vents crankcase emissions to the exhaust or to the atmosphere, you must account for crankcase emission deterioration, using good engineering judgment.  You may use separate deterioration factors for crankcase emissions of each pollutant (either multiplicative or additive) or include the effects in combined deterioration factors that include exhaust and crankcase emissions together for each pollutant.
   (6) Dual-fuel engines.  In the case of dual-fuel engines, apply deterioration factors separately for each fuel type.
(d) Calculate emission data using measurements to at least one more decimal place than the applicable standard.  Apply the deterioration factor to the official emission result, as described in paragraph (c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard.  Compare the rounded emission levels to the emission standard for each emission-data engine.  In the case of NOx+NMHC standards, apply the deterioration factor to each pollutant and then add the results before rounding.


20. Section 1039.245 is amended by revising paragraph (c) to read as follows:
§1039.245  How do I determine deterioration factors from exhaust durability testing?
*	*	*	*	*
(c) If you are unable to determine deterioration factors for an engine family under paragraph (a) or (b) of this section, select engines, subsystems, or components for testing.  Determine deterioration factors based on service accumulation and related testing to represent the deterioration expected from in-use engines over the full useful life as follows:
(1) You must measure emissions from the emission-data engine at least three times with evenly spaced intervals of service accumulation.  You may use extrapolation to determine deterioration factors once you have established a trend of changing emissions with age for each pollutant.  You may use an engine installed in nonroad equipment to accumulate service hours instead of running the engine only in the laboratory.  You may perform maintenance on emission-data engines as described in §1039.125 and 40 CFR part 1065, subpart E.
(2) In the case of dual-fuel or flexible-fuel engines, you may accumulate service hours on a single emission-data engine using the type or mixture of fuel expected to have the highest combustion and exhaust temperatures. For dual-fuel engines, you must develop separate deterioration factors for each fuel type by measuring emissions with each fuel type at each test point.
(3) Use good engineering judgment for all aspects of the effort to establish deterioration factors under this paragraph (c).
*	*	*	*	*

21. Section 1039.250 is amended by revising paragraphs (b)(3)(iv) and (c) to read as follows:
§1039.250  What records must I keep and what reports must I send to EPA?
*	*	*	*	*
(b)	*	*	*
(3)	*	*	*
(iv) All your emission tests,  including the date and purpose of each test and documentation of test parameters as specified in part 40 CFR part 1065.
*	*	*	*	*
(c) Keep required data from emission tests and all other information specified in this section for eight years after we issue your certificate. If you use the same emission data or other information for a later model year, the eight-year period restarts with each year that you continue to rely on the information.
*	*	*	*	*

22. Section 1039.255 is amended by revising paragraphs (c)(2), (c)(4), (d), and (e) to read as follows:
§1039.255   What decisions may EPA make regarding my certificate of conformity?
*	*	*	*	*
(c)	*	*	*
(2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent). This includes doing anything after submission of your application to render any of the submitted information false or incomplete.
*	*	*	*	*
(4) Deny us from completing authorized activities (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance.
*	*	*	*	*
(d) We may void the certificate of conformity for an engine family if you fail to keep records, send reports, or give us information as required under this part or the Act. Note that these are also violations of 40 CFR 1068.101(a)(2).
(e) We may void your certificate if we find that you intentionally submitted false or incomplete information. This includes rendering submitted information false or incomplete after submission.
*	*	*	*	*

Subpart F -- Test Procedures

23.   Section 1039.501 is amended by revising paragraphs (e), (f), and (g) and adding paragraph (h) to read as follows:
§1039.501   How do I run a valid emission test?
*	*	*	*	*
(e) The following provisions apply for engines using aftertreatment technology with infrequent regeneration events that may occur during testing:
   (1) Adjust measured emissions to account for aftertreatment technology with infrequent regeneration as described in §1039.525.
   (2) If your engine family includes engines with one or more AECDs for emergency operation approved under §1039.115(g)(4) and §1039.665, do not consider additional regenerations resulting from those AECDs when developing adjustments to measured values under this paragraph (e).
   (3) Invalidate a smoke test if active regeneration starts to occur during the test.
(f) You may disable any AECDs that have been approved solely for emergency equipment applications under §1039.115(g)(4).  Note that the emission standards do not apply when any of these AECDs are active.
(g) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10.
(h) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission standards.

24. Section 1039.505 is amended by revising paragraph (b)(2) to read as follows:
§1039.505  How do I test engines using steady-state duty cycles, including ramped-modal testing?
*	*	*	*	*
(b)	*	*	*
(2) Use the 6-mode duty cycle or the corresponding ramped-modal cycle described in paragraph (b) of Appendix II of this part for variable-speed engines below 19 kW. You may instead use the 8-mode duty cycle or the corresponding ramped-modal cycle described in paragraph (c) of Appendix II of this part if some engines from your engine family will be used in applications that do not involve governing to maintain engine operation around rated speed.
*	*	*	*	*

25. Section 1039.515 is amended by revising paragraph (a) to read as follows:
§1039.515  What are the test procedures related to not-to-exceed standards?
(a) General provisions.  The provisions in 40 CFR 86.1370 apply for determining whether an engine meets the not-to-exceed emission standards in § 1039.101(e), except as noted in this section.  Interpret references to vehicles and vehicle operation to mean equipment and equipment operation.
*	*	*	*	*

26. Section 1039.525 is revised to read as follows:
§1039.525   How do I adjust emission levels to account for infrequently regenerating aftertreatment devices?
For engines using aftertreatment technology with infrequent regeneration events that may occur during testing, take one of the following approaches to account for the emission impact of regeneration:
(a) You may use the calculation methodology described in 40 CFR 1065.680 to adjust measured emission results.  Do this by developing an upward adjustment factor and a downward adjustment factor for each pollutant based on measured emission data and observed regeneration frequency as follows:
   (1) Adjustment factors should generally apply to an entire engine family, but you may develop separate adjustment factors for different configurations within an engine family.  Use the adjustment factors from this section for all testing for the engine family.
   (2) You may use carryover or carry-across data to establish adjustment factors for an engine family as described in the §1039.235, consistent with good engineering judgment.
   (3) Determine the frequency of regeneration, F, as described in 40 CFR 1065.680 from in-use operating data or from running repetitive tests in a laboratory.  For any replicate transient testing in the laboratory include cold-start operation in proportion to the weighting factors specified in §1039.510(b) from testing or you may determine its effect analytically using good engineering judgment.  If the engine is designed for regeneration at fixed time intervals, you may apply good engineering judgment to determine F based on those design parameters.  All adjustment factors for regeneration are additive.  For engines that are required to certify to both transient and steady-state duty cycles, calculate an adjustment factor using a composite value of F that combines steady-state and transient operation.  Establish a composite value of F applying for both steady-state and transient testing based on an equal weighting for each type of testing.
   (4) Adjust measured emission results from transient testing using one of the following methods:
      (i) Treat cold-start testing and hot-start testing together as a single test segment as described in §1039.510(b) for adjusting measured emission results under this paragraph (a).  Apply the adjustment factor to the composite emission result.
      (ii) You may alternatively apply the adjustment factor only to the hot-start test result if your aftertreatment technology does not regenerate during cold operation, including the cold-start NRTC.  If we ask for it, you must demonstrate this by engineering analysis or by test data.
(b) You may ask us to approve an alternate methodology to account for regeneration events.  We will generally limit approval to cases where your engines use aftertreatment technology with extremely infrequent regeneration and you are unable to apply the provisions of this section.
(c) You may choose to make no adjustments to measured emission results if you determine that regeneration does not significantly affect emission levels for an engine family (or configuration) or if it is not practical to identify when regeneration occurs. If you choose not to make adjustments under paragraph (a) or (b) of this section, your engines must meet emission standards for all testing, without regard to regeneration.

Subpart G -- Special Compliance Provisions

27. Section 1039.601 is revised to read as follows:
§1039.601  What compliance provisions apply?
(a) Engine and equipment manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, the requirements and prohibitions in 40 CFR part 1068, and the provisions of the Act.
(b) Subpart C of this part describes how to test and certify dual-fuel and flexible-fuel engines. Some multi-fuel engines may not fit either of those defined terms.  For such engines, we will determine whether it is most appropriate to treat them as single-fuel engines, dual-fuel engines, or flexible-fuel engines based on the range of possible and expected fuel mixtures.  For example, an engine might burn natural gas but initiate combustion with a pilot injection of diesel fuel.  If the engine is designed to operate with a single fueling algorithm (i.e., fueling rates are fixed at a given engine speed and load condition), we would generally treat it as a single-fuel engine,  In this context, the combination of diesel fuel and natural gas would be its own fuel type.  If the engine is designed to also operate on diesel fuel alone, we would generally treat it as a dual-fueled engine.  If the engine is designed to operate on varying mixtures of the two fuels, we would generally treat it as a flexible-fueled engine. To the extent that requirements vary for the different fuels or fuel mixtures, we may apply the more stringent requirements.

28. Section 1039.605 is amended by revising paragraphs (b), (d)(5), and (d)(8) to read as follows:
§1039.605  What provisions apply to engines certified under the motor-vehicle program?
*	*	*	*	*
(b) Equipment-manufacturer provisions. If you are not an engine manufacturer, you may install motor-vehi	cle engines certified for the appropriate model year under 40 CFR part 86 in nonroad equipment as long as you meet all the requirements and conditions specified in paragraph (d) of this section.   You must also add the fuel-inlet label we specify in §1039.135(e).  If you modify the motor-vehicle engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine.  Such engine modifications prevent you from using the provisions of this section.
*	*	*	*	*
(d)	*	*	*
   (5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the equipment.  In the supplemental label, do the following:
      (i) Include the heading: "NONROAD ENGINE EMISSION CONTROL INFORMATION".
      (ii) Include your full corporate name and trademark.  You may identify another company and use its trademark instead of yours if you comply with the branding provisions of 40 CFR 1068.45.
      (iii) State: "THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS.  THE EMISSION-CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE APPLICATIONS.  OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.".
      (iv) State the date you finished modifying the engine (month and year), if applicable.
   *	*	*	*	*
   (8) Send the Designated Compliance Officer written notification describing your plans before using the provisions of this section.  In addition, by February 28 of each calendar year (or less often if we tell you), send the Designated Compliance Oficer a signed letter with all the following information:
   	(i) Identify your full corporate name, address, and telephone number.
      (ii) List the engine or equipment models for which you used this exemption in the previous year and describe your basis for meeting the sales restrictions of paragraph (d)(3) of this section.
      (iii) State: "We prepared each listed [engine or equipment] model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1039.605."
*	*	*	*	*

29. Section 1039.610 is amended by revising paragraphs (d)(5)(ii) and (d)(7) to read as follows:
§1039.610  What provisions apply to vehicles certified under the motor-vehicle program?
*	*	*	*	*
(d)	*	*	*
   (5)	*	*	*
      (ii) Include your full corporate name and trademark.  You may identify another company and use its trademark instead of yours if you comply with the branding provisions of 40 CFR 1068.45.
   *	*	*	*	*
   (7) Send the Designated Compliance Officer written notification describing your plans before using the provisions of this section.  In addition, by February 28 of each calendar year (or less often if we tell you), send the Designated Compliance Officer a signed letter with all the following information:
		(i) Identify your full corporate name, address, and telephone number.
      (ii) List the equipment models for which you used this exemption in the previous year and describe your basis for meeting the sales restrictions of paragraph (d)(3) of this section.
      (iii) State: "We prepared each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1039.610."
*	*	*	*	*

Remove 1039.640 -- [Removed]
30. Section 1039.640 is removed.

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

31. Section 1039.701 is amended by adding paragraph (h) to read as follows:
§1039.701  General provisions.
*	*	*	*	*
(h) You may use either of the following approaches to retire or forego emission credits:
   (1) You may trade emission credits generated from any number of your vehicles to the vehicle purchasers or other parties to retire the credits.  Identify any such credits in the reports described in §1039.730.  Vehicles must comply with the applicable FELs even if you donate or sell the corresponding emission credits under this paragraph (e).  Those credits may no longer be used by anyone to demonstrate compliance with any EPA emission standards.
(2) You may certify a family using an FEL below the emission standard as described in this part and choose not to generate emission credits for that family.  If you do this, you do not need to calculate emission credits for those families and you do not need to submit or keep the associated records described in this subpart for that family.

32.   Section 1039.705 is amended by revising paragraphs (b), (c) introductory text, and (c)(1) to read as follows:
§1039.705  How do I generate and calculate emission credits?
*	*	*	*	*
(b) For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard.  Calculate positive emission credits for a family that has an FEL below the standard.  Calculate negative emission credits for a family that has an FEL above the standard.  Sum your positive and negative credits for the model year before rounding.  Round the sum of emission credits to the nearest kilogram (kg), using consistent units throughout the following equation:

Emission credits (kg) = (Std - FEL)  (Volume)  (AvgPR)  (UL)  (10[-3])

Where:
   Std = the emission standard, in grams per kilowatt-hour, that applies under subpart B of this part for engines not participating in the ABT program of this subpart (the "otherwise applicable standard").
      FEL = the family emission limit for the engine family, in grams per kilowatt-hour.
      Volume = the number of engines eligible to participate in the averaging, banking, and trading program within the given engine family during the model year, as described in paragraph (c) of this section.
      AvgPR = the average of maximum engine power values of all the engine configurations within an engine family, calculated on a sales-weighted basis, in kilowatts.
UL = the useful life for the given engine family, in hours.
(c) As described in §1039.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual U.S.-directed production volumes. Do not include any of the following engines to calculate emission credits:
(1) Engines with a permanent exemption under subpart G of this part or under 40 CFR part 1068.
*	*	*	*	*

33. Section 1039.710 is amended by revising paragraph (c) to read as follows:
§1039.710 How do I average emission credits?
*	*	*	*	*
(c) If you certify an engine family to an FEL that exceeds the otherwise applicable standard, you must obtain enough emission credits to offset the engine family's deficit by the due date for the final report required in §1039.730.  The emission credits used to address the deficit may come from your other engine families that generate emission credits in the same model year, from emission credits you have banked from previous model years, or from emission credits generated in the same or previous model years that you obtained through trading.

34. Section 1039.720 is amended by revising paragraph (a) to read as follows:
§1039.720   How do I trade emission credits?
(a) Trading is the exchange of emission credits between manufacturers, or the transfer of credits to another party to retire them. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits may be used only within the averaging set in which they were generated.
*	*	*	*	*

35. Section 1039.725 is amended by revising paragraph (b)(2) to read as follows:
§1039.725  What must I include in my application for certification?
*	*	*	*	*
(b)	*	*	*
(2) Detailed calculations of projected emission credits (positive or negative) based on projected production volumes.  We may require you to include similar calculations from your other engine families to demonstrate that you will be able to avoid negative credit balances for the model year.  If you project negative emission credits for a family, state the source of positive emission credits you expect to use to offset the negative emission credits.

36. Section 1039.730 is amended by revising paragraphs (b)(1), (b)(4), and (c)(2) to read as follows:
§1039.730  What ABT reports must I send to EPA?
*	*	*	*	*
(b)	*	*	*
(1) Engine-family designation and averaging set.
*	*	*	*	*
(4) The projected and actual U.S.-directed production volumes for the model year. If you changed an FEL during the model year, identify the actual U.S.-directed production volume associated with each FEL.
*	*	*	*	*
(c)	*	*	*
(2) State whether you will retain any emission credits for banking. If you choose to retire emission credits that would otherwise be eligible for banking, identify the engine families that generated the emission credits, including the number of emission credits from each family.
*	*	*	*	*

37. Section 1039.735 is amended by revising paragraphs (a) and (b) to read as follows:
§1039.735  What records must I keep?
(a) You must organize and maintain your records as described in this section.
(b) Keep the records required by this section for at least eight years after the due date for the end-of-year report.  You may not use emission credits for any engines if you do not keep all the records required under this section.  You must therefore keep these records to continue to bank valid credits.
*	*	*	*	*

38. Section 1039.740 is amended by revising paragraph (a) to read as follows:
§1039.740  What restrictions apply for using emission credits?
*	*	*	*	*
(a) Averaging sets. Emission credits may be exchanged only within an averaging set.  For emission credits generated by Tier 4 engines, there are two averaging sets -- one for engines at or below 560 kW and another for engines above 560 kW.
*	*	*	*	*

Subpart I -- Definitions and Other Reference Information

39. Section 1039.801 is amended as follows:
a. By revising the definition of "Designated Compliance Officer".
b. By removing the definition for "Designated Enforcement Officer".
c. By adding definitions for "Dual-fuel" and "Flexible-fuel"
d. By revising paragraph (1)(i) of the definition of "Model year" and the definition of "Placed into service".
e. By removing the definition for "Point of first retail sale"
§1039.801 -- What definitions apply to this part?
*	*	*	*	*
	Designated Compliance Officer means the Director, Diesel Engine Compliance Center, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105<EMAIL_ADDRESS>
*	*	*	*	*
	Dual-fuel means relating to an engine designed for operation on two different fuels but not on a continuous mixture of those fuels.  For purposes of this part, such an engine remains a dual-fuel engine even if it is designed for operation on three or more different fuels.
*	*	*	*	*
Flexible-fuel means relating to an engine designed for operation on any mixture of two or more different fuels.
*	*	*	*	*
	Model year means one of the following things:
(1)	*	*	*
(i) Calendar year of production.
*	*	*	*	*

*	*	*	*	*
	Placed into service means put into initial use for its intended purpose.  Engines and equipment do not qualify as being "placed into service" based on incidental use by a manufacturer or dealer.
*	*	*	*	*

40. Section 1039.815 is revised to read as follows:
§1039.815  What provisions apply to confidential information?
The provisions of 40 CFR 1068.10 apply for information you consider confidential.

41. Section 1039.825 is revised to read as follows:
§1039.825  What reporting and recordkeeping requirements apply under this part?
(a) This part includes various requirements to submit and record data or other information. Unless we specify otherwise, store required records in any format and on any media and keep them readily available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an application for certification.  You are expected to keep your own copy of required records rather than relying on someone else to keep records on your behalf.  We may review these records at any time.  You must promptly send us organized, written records in English if we ask for them.  We may require you to submit written records in an electronic format.
(b) The regulations in §1039.255, 40 CFR 1068.25, and 40 CFR 1068.101 describe your obligation to report truthful and complete information.  This includes information not related to certification. Failing to properly report information and keep the records we specify violates 40 CFR 1068.101(a)(2), which may involve civil or criminal penalties.
(c) Send all reports and requests for approval to the Designated Compliance Officer (see §1039.801).