Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments

[Federal Register: September 10, 2004 (Volume 69, Number 175)]
[Proposed Rules]
[Page 54845-54894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se04-14]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065,
and 1068
[AMS-FRL-7803-7]
RIN 2060-AM35

Test Procedures for Testing Highway and Nonroad Engines and
Omnibus Technical Amendments

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed regulation aims to revise and harmonize test
procedures from the various EPA programs for controlling engine
emissions. It will not address emission standards, nor is it intended
to change the emission reductions expected from these EPA programs.
Rather, it proposes to amend the regulations, which contain laboratory
specifications for equipment and test fuels, instructions for preparing
engines and running tests, calculations for determining final emission
levels from measured values, and instructions for running emission
tests using portable measurement devices outside the laboratory. These
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and
recreational vehicles. These proposed revisions will update the
regulations to deal more effectively with the more stringent standards
recently promulgated by EPA and will also clarify and better define
certain elements of the required test procedures. In particular, the
proposed amendments will better specify the procedures applicable to
field testing under the regulations.
This action also proposes to apply the regulations to highway
heavy-duty diesel engine regulations. This action is appropriate
because EPA has historically drafted a full set of testing
specifications for each vehicle or engine category subject to emission
standards as each program was developed over the past three decades.
This patchwork approach has led to some variation in test parameters
across programs, which we hope to address by adopting a common set of
test requirements. The primary goal of this effort is to create unified
testing requirements for all engines, which when implemented will
streamline laboratory efforts for EPA and industry.
This action will also include other technical changes intended to
clarify and better define requirements for several different EPA engine
programs. These changes are relatively minor and are technical in scope.

DATES: Comments: Send written comments on this proposed rule by October
29, 2004. See Section IV of the SUPPLEMENTARY INFORMATION section for
more information about written comments.
Hearings: We will hold an informal public workshop in Ann Arbor on
October 1, 2004. If anyone requests a public hearing , we will hold it
on September 27, 2004. To request a public hearing, send a request to
the contact in FOR FURTHER INFORMATION CONTACT by September 20, 2004.
See Section III for more information about public workshops and hearings.

ADDRESSES: You may submit comments, identified by docket number OAR-
2004-0017, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. Follow the
instructions for submitting comments. Note that this is not available
until after this proposal is published in the Federal Register.
E-mail: testamendments@epa.gov. Specify docket number OAR-2004-0017
in the body of the message.
Fax: (202) 260-4400.
Mail or Hand Delivery: Environmental Protection Agency, Air Docket,
Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.
Hand Delivery or Courier: EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention
Docket ID No. A-2001-28. Such deliveries are only accepted during the
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
Instructions: Include the agency name and docket number in all
submissions for this rulemaking. All comments received will be posted
without change to http://www.epa.gov/edocket, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to read background documents or
comments received, go to the Web site at the URL identified above or to
the Air Docket at the address identified above.

FOR FURTHER INFORMATION CONTACT: Alan Stout, U.S. EPA, Voice-mail (734)
214-4636; E-mail: stout.alan@epa.gov

SUPPLEMENTARY INFORMATION:

A. Regulated Entities

This proposed action would affect companies that manufacture or
sell engines. Regulated categories and entities include:

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Category NAICS Codes a Examples of potentially regulated entities
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Industry................................ 333618 Manufacturers of new engines.
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b North American Industry Classification System (NAICS).

This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the proposed regulations. You may
direct questions regarding the applicability of this action to the
person listed in FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2004-0017. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Documents in the official
public docket are listed in the index list in EPA's electronic public
docket and comment system, EDOCKET. Documents may be available either
electronically or in hard copy. Electronic documents may be viewed
through EDOCKET. Hard copy documents may be viewed at the EPA

[[Page 54847]]

Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. Docket in The EPA Docket Center Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744.
This proposal relies in part on information related to our November
2002 final rule, which can be found in Public Docket A-2000-01. This
docket is incorporated by reference into the docket for this action,
OAR-2004-0017.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/ Or you can go to the
federal-wide eRulemaking site at http://www.regulations.gov.
An electronic version of the public docket is available through
EDOCKET. You may use EDOCKET at http://www.regulations.gov/ to submit
or view public comments, access the index listing of the contents of
the official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Certain types of information will not be placed in the EDOCKET.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EDOCKET, the system will identify whether the document is
available for viewing in EPA's electronic public docket. Publicly
available docket materials that are not available electronically may be
viewed at the docket facility identified in Unit I.B. EPA intends to
work towards providing electronic access to all of the publicly
available docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

We are opening a formal comment period by publishing this document.
We will accept comments for the period indicated under DATES above. If
you have an interest in the program described in this document, we
encourage you to comment on any aspect of this rulemaking.
Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. If you disagree with
parts of the proposal, we encourage you to suggest and analyze
alternate approaches to meeting the air quality goals described in this
proposal. You should send all comments, except those containing
proprietary information, to our Air Docket (see ADDRESSES) before the
end of the comment period.
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the body of your comment.
Submit your comments within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to
submit CBI or information that is otherwise protected by statute,
please follow the instructions in Section IX.D. Do not use EPA Dockets
or e-mail to submit CBI or information protected by statute.

1. Electronically

If you submit an electronic comment as prescribed below, we
recommend that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also
include this contact information on the outside of any disk or CD ROM
you submit, and in any cover letter accompanying the disk or CD ROM.
This ensures that you can be identified as the submitter of the comment
and allows us to contact you if we cannot read your comment or if we
need further information on the substance of your comment. Our policy
is that we will not edit your comment; any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket and made
available in EPA's electronic public docket. If we cannot read your
comment due to technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment.
i. EPA Dockets
To submit comments on EPA's electronic public docket, go directly
to EPA Dockets at http://www.epa.gov/edocket and follow the online
instructions for submitting comments. To access EPA's electronic public
docket from the EPA Internet Home Page, select ``Information Sources,''
``Dockets,'' and ``EPA Dockets.'' Once in the system, select ``Quick
Search,'' and then key in Docket ID No. OAR-2004-0017. The system is an
``anonymous access'' system, which means we will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-Mail
Comments may be sent by electronic mail to testamendments@epa.gov.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send a comment via
electronic mail directly to the Docket without going through EPA's
electronic public docket, the e-mail system automatically captures your
e-mail address. E-mail addresses that are automatically captured are
included and made available as part of the comment that is placed in
the official public docket.
iii. Disk or CD ROM
You may submit comments on a disk or CD ROM that you send to the
mailing address identified in Section IX.A.2 below. Avoid the use of
special software, characters, and any form of encryption.

2. By Mail

Send your comments to: Air Docket, Environmental Protection Agency,

[[Page 54848]]

Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.

3. By Hand Delivery or Courier

Deliver your comments to: EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention
Docket ID No. A-2001-28. Such deliveries are only accepted during the
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: U.S. Environmental Protection Agency, Assessment and Standards
Division, 2000 Traverwood Drive, Ann Arbor, MI, 48105, Attention Docket
No. OAR-2004-0017. You may claim information that you submit to EPA as
CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.

Table of Contents

I. Modified Test Procedures for Highway and Nonroad Engines
A. Incorporation of Nonroad Test Procedures for Heavy Duty
Highway Engines
B. Revisions to Part 1065
II. Technical Amendments
A. Definitions and Penalties
B. Nonroad general compliance provisions (40 CFR part 1068)
C. Land-based nonroad diesel engines (40 CFR parts 89 and 1039)
D. Marine diesel engines (40 CFR part 94)
E. Small nonroad spark-ignition engines (40 CFR part 90)
F. Marine spark-ignition engines (40 CFR part 91)
G. Large nonroad spark-ignition engines (40 CFR part 1048)
H. Recreational vehicles (40 CFR part 1051)
I. Locomotives (40 CFR part 92)
J. Highway engines and vehicles (40 CFR part 86)
III. Public Participation
IV. Statutory and Executive Order Reviews
V. Statutory Provisions and Legal Authority

I. Modified Test Procedures for Highway and Nonroad Engines

A. Incorporation of Nonroad Test Procedures for Heavy Duty Highway
Engines

As part of our initiative to update the content, organization and
writing style of our regulations, we are proposing revisions to our
test procedures.\1\ We have grouped all of our engine dynamometer and
field testing test procedures into one part entitled, ``Part 1065: Test
Procedures.'' For each engine or vehicle sector for which we have
recently promulgated standards (such as land-based nonroad diesel
engines or recreational vehicles), we identified an individual part as
the standard-setting part for that sector. These standard-setting parts
then refer to one common set of test procedures in part 1065. We intend
in this rule to continue this process of having all our engine programs
refer to a common set of procedures by applying part 1065 to all heavy-
duty highway engines.
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\1\ For an overview of our new regulatory organization, refer to
our fact sheet entitled, ``Plain-Language Format of Emission
Regulations for Nonroad Engines'' EPA420-F-02-046, September 2002
http://www.epa.gov/otag/largest.htm.

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In the past, each engine or vehicle sector had its own set of
testing procedures. There are many similarities in test procedures
across the various sectors. However, as we introduced new regulations
for individual sectors, the more recent regulations featured test
procedure updates and improvements that the other sectors did not have.
As this process continued, we recognized that a single set of test
procedures would allow for improvements to occur simultaneously across
engine and vehicle sectors. A single set of test procedures is easier
to understand than trying to understand many different sets of
procedures, and it is easier to move toward international test
procedure harmonization if we only have one set of test procedures. We
note that procedures that are particular for different types of engines
or vehicles, for example, test schedules designed to reflect the
conditions expected in use for particular types of vehicles or engines,
will remain separate and would be reflected in the standard-setting
parts of the regulations.
In addition to reorganizing and rewriting the test procedures for
improved clarity, we are proposing to make a variety of changes to
improve the content of the testing specifications, including the following:
? Writing specifications and calculations in international units
? Adding procedures by which manufacturers can demonstrate
that alternate test procedures are equivalent to specified procedures.
? Including specifications for new measurement technology
that has been shown to be equivalent or more accurate than existing
technology; procedures that improve test repeatability, calculations
that simplify emissions determination; new procedures for field testing
engines, and a more comprehensive set of definitions, references, and
symbols.
? Defining calibration and accuracy specifications that are
scaled to the applicable standard, which allows us to adopt a single
specification that applies to a wide range of engine sizes and applications.
Some emission-control programs already rely on the test procedures
in part 1065. These programs regulate land-based nonroad diesel
engines, recreational vehicles, and nonroad spark-ignition engines over
19 kW.
In this document, we are proposing to adopt the lab-testing and
field-testing specifications in part 1065 for all heavy-duty highway
engines, as described in Section II.J. These procedures would replace
those currently published in subpart N in 40 CFR part 86. We are
proposing a gradual transition from the part 86 procedures. We will
allow the use of part 1065 procedures beginning in the 2006 model year.
By the 2008 model year, part 1065 procedures will be required for any
new testing. For all testing completed for 2007 and earlier model
years, manufacturers may continue to rely on carryover test data based
on part 86 procedures to certify engine families in later years. In
addition, other subparts in part 86, as well as regulations for many
different nonroad engines refer to the test procedures in part 86. We
are including updated references for all these other programs to refer
instead to the appropriate cite in part 1065.
Part 1065 is also advantageous for in-use testing because it
specifies the same procedures for all common parts of field testing and
laboratory testing. It also contains new provisions that help

[[Page 54849]]

ensure that engines are tested in a laboratory in a way that is
consistent with how they operate in use. These new provisions will
ensure that engine dynamometer lab testing and field testing are
conducted in a consistent way.
In the future, we may propose to apply the test procedures
specified in part 1065 to other types of engines, so we encourage
companies involved in producing or testing other engines to stay
informed of developments related to these test procedures. We also
request comment on whether we should make part 1065 applicable for
light-duty vehicles, light-duty trucks, motorcycles, and aircraft in
the future. Although light-duty vehicles, light-duty trucks, and
motorcycles are tested on chassis dynamometers, rather than engine
dynamometers, there are several aspects of testing that are common. For
example, emission sampling systems, dilution systems, gas analyzers, PM
measurement equipment, some test sequences, fuels, analytical gas
standards, and specifications related to oxygenated fuels are all
similar. However, there are differences, such as chassis dynamometer
specifications, vehicle intake air, exhaust system, and coolant
specifications, some test sequences such as evaporative and refueling
tests, vehicle preparation, and some emission calculations (e.g., g/mi
vs g/kW-hr) that would have to be addressed in any future decision to
apply part 1065 to these engines.
Although testing aircraft engines requires some special provisions,
there are several aspects of testing that are common, such as emission
sampling systems, dilution systems, gas analyzers, PM measurement
equipment, some test sequences, fuels, analytical gas standards, and
specifications related to oxygenated fuels.

B. Revisions to Part 1065

Part 1065 was originally adopted on November 8, 2002 (67 FR 68242),
and was initially applicable to standards regulating large nonroad
spark-ignition engines and recreational vehicles under 40 CFR parts
1048 and 1051. The recent rulemaking adopting emission standards for
nonroad diesel engines has also made part 1065 optional for Tier 2 and
Tier 3 standards and required for Tier 4 standards. The test procedures
currently in part 1065 are sufficient to conduct testing, but we are
proposing to reorganize and add content to improve these procedures. In
particular, we propose to reorganize part 1065 by subparts as shown below:

Subpart A: General provisions; global information on applicability,
alternate procedures units of measure, etc.
Subpart B: equipment specifications; required hardware for testing
Subpart C: measurement instruments
Subpart D: calibration and performance checks; for measurement systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for testing and
test validation.
Subpart G: calculations and required information
Subpart H: fuels, fluids, and analytical gases
Subpart I: oxygenated fuels; special test procedures
Subpart J: field testing
Subpart K: definitions, references, and symbols

We propose to scale specifications for test equipment and
measurement instruments by parameters such as engine power, engine
speed and the emission standards to which an engine must comply. That
way a single set of specifications will cover the full range of engine
sizes and our full range of emission standards and our regulations will
therefore specify equipment and instruments that are appropriate for a
given engine size and emission standard. Manufacturers will be able to
use these specifications to determine what range of engines and
emission standards may be tested using a given laboratory or field
testing system.
The new content that we are proposing for part 1065 is mostly a
combination of content from our most recent updates to other test
procedures and from test procedures specified by the International
Organization for Standardization (ISO). In some cases, however, new
content is proposed that never existed in previous regulations. This
new content addresses very recent issues such as measuring very low
concentrations of emissions, using new measurement technology, and
performing field testing. A full description of the changes is in the
Technical Support Document that accompanies this proposal (this
document is available in the docket for this rulemaking).
The new content we are proposing also reflects a shift in our
philosophy for specifying measurement performance. In the past we
specified numerous calibration accuracies for individual measurement
instruments, and we specified some performance checks for individual
components, such as NO₂ to NO converters. We have shifted
our focus away from individual instruments and toward the overall
performance of complete measurement systems. We did this for several
reasons. First, some of what we specified in the past precluded the
implementation of new measurement technologies. These new technologies,
sometimes called ``smart analyzers'', combine signals from multiple
instruments to compensate for interferences that were previously
tolerable at higher emissions levels. These analyzers are useful for
detecting low concentrations of emissions. They are also useful for
detecting emissions from raw exhaust, which can contain high
concentrations of interferences, such as water vapor. This is
particularly important for field testing, which will most likely rely
upon raw exhaust measurements. Second, this new ``systems approach''
challenges complete measurement systems with a series of periodic
performance checks, which we feel will provide a more robust assurance
that a measurement system as a whole is operating properly. Third, the
systems approach provides a direct pathway to demonstrate that a field
test system performs similarly to a laboratory system. This is
explained in more detail in item 10., below. Finally, we feel that our
systems approach will lead to a more efficient way of assuring
measurement performance in the laboratory and in the field. We believe
that this efficiency will stem from less frequent individual instrument
calibrations, and higher confidence that a complete measurement system
is operating properly.
We organized the new content relating to measurement performance
into subparts C, D, F, and J. We specified measurement instruments in
subpart C and periodic performance checks in subpart D. These two
subparts apply to both laboratory and field testing. We organized
content specific to laboratory testing in subpart F, and specific to
field testing in subpart J.
In subpart C we specified the types of acceptable instruments, but
we only recommend individual instrument performance. We provided these
recommendations as guidance for procuring new instruments. We feel that
the periodic performance checks that we required in subpart D will
sufficiently evaluate the individual instruments as part of an overall
measurement system. In subpart F we specified measurement performance
validations that must be conducted as part of every laboratory test. In
subpart J we specified similar measurement performance validations for
field testing that must be conducted as part of every field test. We
feel that the periodic performance checks in subpart D and the
validations in subparts F and J that are required for every test ensure
that complete measurement systems are operating properly.

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In subpart J we also specified an additional overall performance
check for a field test system. This check is a comprehensive comparison
of a field test system versus a laboratory, and it may take several
days of laboratory time to set up, run, and evaluate. We propose that
this performance check must be performed at least once for a given
make, model, and configuration of a field test system. We request
comment on whether or not we should additionally require that this
check be performed on every individual field test system at least once.
We request comment on whether or not we should require the end-user of
a field test system to perform this overall check. We believe that the
performance checks in subpart D and the test validations in subpart J
will ensure that an individual field test system is operating properly,
however, we request comment on whether or not this comprehensive
overall check must also be required to completely ensure proper
operation of an individual field test system.
Below is a brief description of the content of each subpart,
highlighting some of the new content.
1. Subpart A General Provisions
In Subpart A we identify the applicability of part 1065 and
describe how procedures other than those in part 1065 may be used to
comply with a standard-setting part. We specify that testing must be
conducted in a way that represents in-use engine operation, such that
in the rare case where provisions in part 1065 result in
unrepresentative testing, other procedures would be used. In subpart A
we indicate the conventions we use regarding units and certain
measurements and we discuss recordkeeping. We also provide an overview
of how emissions and other information are used to determine final
emission results. The regulations in Sec. 1065.15 include a figure
illustrating the different ways we allow brake-specific emissions to be
calculated.
In Subpart A we describe how continuous and batch sampling may be
used to determine total emissions. We also describe the two ways of
determining total work. Note that the figure indicates our default
procedures and those procedures that would require additional approval
before we would allow them for use.
2. Subpart B Equipment Specifications
Subpart B first describes engine and dynamometer related systems.
Many of these specifications are scaled to an engine's size, speed,
torque, exhaust flow rate, etc. We specify the use of in-use engine
subsystems such as air intake systems wherever possible in order to
best represent in-use operation when an engine is tested in a laboratory.
Subpart B next describes sampling dilution systems. These include
specifications for the allowable components, materials, pressures, and
temperatures. We describe how to sample crankcase emissions. We also
propose to allow limited use of partial-flow dilution for PM sampling.
We request comment on whether or not our specifications for partial-
flow dilution and our specifications for proportional-sampling
validation (i.e., Sec. 1065.140(d) and Sec. 1065.545) are sufficient
for us to allow partial-flow dilution for all PM sampling without
requiring alternate system approval.
Subpart B also specifies environmental conditions for PM filter
stabilization and weighing. Although these provisions mostly come from
our recent update to part 86, subpart N, we also describe some new
aspects in detail.
The regulations in Sec. 1065.101 include a diagram illustrating
all the available equipment for measuring emissions.
3. Subpart C Measurement Instruments
Subpart C specifies the requirements for the measurement
instruments used for testing. In subpart C we recommend accuracy,
repeatability, noise, and response time specifications for individual
measurement instruments, but note that we require that overall
measurement systems meet the calibration and performance checks in
Subpart D.
In some cases we allow new instrument types to be used where we
previously did not allow them. For example, we propose to allow the use
of a nonmethane cutter for NMHC measurement, we propose to allow the
use of non-dispersive ultra-violet analyzers for NO_X
measurement, we propose to allow the use of zirconia sensors for
NO_X and O2 measurement, we propose to allow various raw
exhaust flow meters for laboratory and field testing measurement, and
we propose to allow ultrasonic flow meters for CVS systems.
4. Subpart D Calibration and Performance Checks
Subpart D describes what we mean when we specify accuracy,
repeatability and other performance parameters. We propose calibration
and performance checks that scale with engine size and the emission
standards to which an engine is certified. We propose to replace some
of what we have called ``calibrations'' in the past with a series of
performance checks, such as a linearity check, that essentially checks
the calibration of an instrument without specifying how the instrument
must be initially calibrated. Because new instruments have built-in
routines that linearize signals and compensate for various
interferences, our typical calibration specifications sometimes
conflicted with an instrument manufacturer's instructions. In addition
we propose new performance checks in subpart D to ensure that the new
instruments we specified in Subpart C are used correctly.
5. Subpart E Engine Selection, Preparation, and Maintenance
Subpart E describes how to select, prepare, and maintain a test
engine. We updated these provisions to include both gasoline and diesel
engines. This subpart is relatively short, and we did not make many
changes to its original content.
6. Subpart F Test Protocols
Subpart F describes the step-by-step protocols for engine mapping,
test cycle generation, test cycle validation, pre-test preconditioning,
engine starting, emission sampling, and post-test validations. We
propose an improved way to map and generate cycles for constant-speed
engines. The constant-speed mapping procedure we propose better
represents in-use engine operation. We propose a more streamlined set
of test cycle and proportional validation criteria. We propose to allow
modest corrections for noise and drift of emission analyzer signals
within a certain range. We also propose a recommended procedure for
weighing PM samples.
7. Subpart G Calculations and Required Information
Subpart G describes all of the calculations that are required in
part 1065. We propose definitions of statistical quantities such as
mean, standard deviation, slope, intercept, t-test, F-test, etc. By
defining these quantities mathematically we intend to resolve any
potential mis-communication when we discuss these quantities in other
subparts. We propose all of the calculations for calibrations and
emission calculations in international units to comply with 15 CFR
1170, which removes the voluntary aspect of the conversion to
international units for Federal agencies. Furthermore, Executive Order
12770 (56 FR 35801, July 29, 1991) reinforces this policy by providing
Presidential authority and direction for the use of the metric system
of measurement by Federal agencies and departments. For our

[[Page 54851]]

standards that are not completely in international units (i.e. grams/
horsepower-hour, grams/mile), we specify in part 1065 the correct use
of internationally recognized conversion factors.
We also propose to calculate emissions based on molar quantities
for flow rates, instead of volume or mass. This change eliminates the
frequent confusion caused by the use of different reference points for
standard pressure and standard temperature. Instead of declaring
standard densities at standard pressure and standard temperature to
convert volumetric concentration measurements to mass-based units, we
declare molar masses for individual elements and compounds. Since these
values are independent of all other parameters, they are known to be
constant.
8. Subpart H Fuels, Fluids, and Analytical Gases
Subpart H specifies test fuels, lubricating oils and coolants, and
analytical gases for testing. Because standard-setting parts for diesel
engines now refer to part 1065, we are proposing diesel fuel
specifications in part 1065. These fuel specifications are consistent
with those previously adopted, with one exception. We propose to
eliminate the Cetane Index specification for all diesel fuels because
the existing specification for Cetane Number sufficiently determines
the cetane levels of diesel test fuels. We propose to eliminate any
detailed specification for service accumulation fuel. Instead, we
propose that service accumulation fuel may be a commercially available
in-use fuel. This change helps ensure that testing is representative of
in-use engine operation. We propose to scale analytical gas
specifications with the standards, which an engine must meet.
In addition, we request comment on whether or not we should
consider revising our specifications for ultra low-sulfur diesel test
fuel to reflect the expected lower distillation range relative to fuels
with higher sulfur levels. We request comment on whether or not
widening the distillation ranges by lowering the lower limit by 5
[deg]C would better reflect in-use diesel fuels with sulfur
concentrations below 15 ppm. The following table shows alternative
distillation temperatures for ultralow-sulfur diesel test fuel, with
the lower end of the distillation ranges lowered by 5 [deg]C.

Alternate Distillation Range for Ultra Low-sulfur Diesel Fuel
------------------------------------------------------------------------
Distillation range Value
------------------------------------------------------------------------
Initial Boiling Point................ (166 to 204) [deg]C.
10% point, [deg]C.................... (199 to 238) [deg]C.
50% point, [deg]C.................... (238 to 282) [deg]C.
90% point, [deg]C.................... (288 to 332) [deg]C.
End point, [deg]C.................... (316 to 366) [deg]C.
------------------------------------------------------------------------

9. Subpart I Oxygenated Fuels
Subpart I describes special procedures for measuring certain
hydrocarbons whenever oxygenated fuels are used. We updated the
calculations for these procedures in Subpart G. This subpart is
relatively short, and we did not make many changes to its original
content. We request comment on whether or not we should provide
additional guidance for testing with oxygenated fuels. For example, the
regulations currently include a general reference to 40 CFR part 86 for
sampling procedures related to oxygenated fuels. We request comment on
the degree to which any specific provisions in part 86 should be
included in Subpart I.
10. Subpart J Field Testing
Although Subpart J Field Testing existed prior to this proposal, we
are proposing many changes to this subpart. We are proposing that in
general, field testing equipment and measurement instruments meet the
same specifications and performance checks that laboratory instruments
must meet, according to subparts B, C, and D. However, for field
testing instruments, we propose to allow certain deviations from the
laboratory specifications. In addition to meeting many of the
laboratory system requirements, we propose that a field test system
meet an overall performance check versus a laboratory. This check
involves repeating a duty cycle several times. The duty cycle itself
must have several individual field test intervals (e.g., NTE events)
against which the field test system is compared to the laboratory
system. This is a comprehensive check of the field test system. We also
propose a procedure for preparing and conducting a field test, and we
propose additional drift and noise allowances for emission analyzers.
Given the evolving state of portable emissions measurement technology,
the proposed field testing procedures provide for a number of known
measurement techniques. We request comment on the relative efficacy of
these approaches and/or the need to consider additional methods. We
plan to expand on this topic in an upcoming memo to the docket.
11. Subpart K Definitions, References, and Symbols
In Subpart K we propose some new and revised definitions of
vocabulary that we frequently use in part 1065. For example we have
revised our definitions of ``brake power'', ``constant-speed engine'',
and ``aftertreatment'' to provide more clarity, and we have added new
definitions for things such as ``300 series stainless steel'',
``barometric pressure'', and ``operator demand''. We propose
definitions such as ``duty cycle'' and ``test interval'' to distinguish
the difference between a single interval over which brake-specific
emissions are calculated and the complete cycle over which emissions
are evaluated in a laboratory. We also propose a thorough and
consistent set of symbols, abbreviations, and acronyms. We propose to
update our references to include references of the National Institute
of Standards and Technology and the International Organization for
Standardization (ISO).

II. Technical Amendments

A. Definitions and Penalties

We are proposing to revise several definitions that apply over more
than one part of our regulations. These changes are designed to
harmonize our regulations.
We are proposing to change the definition of Marine engine and
Marine vessel to harmonize our approach to amphibious vehicles and
clarify other issues. We have treated amphibious vehicles differently
whether they had a diesel engine or a spark-ignition engine. We are
proposing to harmonize our treatment of amphibious vehicles by
consistently treating these as land-based products. We are also adding
a provision defining amphibious vehicles are those that are designed
primarily for operation on land to clarify that we don't consider
hovercraft to be amphibious vehicles. See the Technical Support
Document for additional information related to these definitions. In
particular, note that we describe our interpretation of what it means
for an engine to be ``installed in a marine vessel.'' Manufacturers
have raised several questions related to this issue, especially as it
relates to portable engines installed on barges.
We are also considering changes to the definition for Spark-
ignition and Compression-ignition. We define Compression-ignition as
relating to reciprocating internal-combustion engines that are not
spark-ignition engines. We limit these definitions to reciprocating
engines to avoid including gas turbines under the definition of

[[Page 54852]]

Compression-ignition. We currently do not have emission standards for
gas turbines. A question has come up regarding how we should treat
rotary engines, such as the Wankel engine. We request comment regarding
whether the definition of Compression ignition should refer to
``reciprocating and rotary engines'' to clarify that rotary engines not
meeting the definition for Spark-ignition engines would fall under our
provisions for compression ignition engines.
We currently define Spark-ignition as follows:

Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device)
and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark-ignition engines usually
use a throttle to regulate intake air flow to control power during
normal operation.

This definition has left some confusion regarding natural gas engines
that have a throttle, but perhaps do not clearly have operating
characteristics that are significantly similar to the theoretical Otto
combustion cycle. As an alternative, we are considering the following
definition to remove this ambiguity:

Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device).
Engines that use diesel fuel are not spark-ignition engines.

Such a simple approach would be very clear, but could have the effect
of defining some natural gas engines that have operating
characteristics that are significantly similar to the theoretical
diesel combustion cycle as spark-ignition engines. This may be
appropriate, but it would represent a change from our existing policy
for these engines. We are also considering another definition, as follows:

Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device)
and with operating characteristics similar to the theoretical Otto
combustion cycle. Spark-ignition engines usually burn a premixed
charge of air and fuel. Engines that use diesel fuel are not spark-
ignition engines.

This definition aims for consistency with the existing policy, but
focuses on premixed combustion instead of the throttle to indicate
whether natural gas engines are more appropriately regulated as
compression-ignition or spark-ignition engines.
We welcome comment on all of these possible definitions of spark-
ignition, as well as other possible approaches to this definition.
The Clean Air Act specifies maximum penalty amounts corresponding
to each prohibited Act. These maximum penalty amounts are periodically
adjusted for inflation, based on the provisions of the Debt Collection
Improvement Act. These maximum penalties have been updated under 40 CFR
part 19. The new maximum penalties are $32,500 for introducing
noncompliant engines into commerce for manufacturers guilty of
tampering, and $2,750 for non-manufacturers guilty of tampering. In
addition, the maximum penalty we can recover using administrative
procedures is $270,000. We are proposing to extend these revised
penalties into each of our emission-control programs.

B. Nonroad General Compliance Provisions (40 CFR Part 1068)

In addition to the changing test procedures described above, we are
proposing or considering changes that would affect multiple engine
categories.
We are proposing several amendments to the provisions of 40 CFR
part 1068, which currently apply to land-based nonroad diesel engines,
recreational vehicles, and nonroad spark-ignition engines over 19 kW.
We encourage manufacturers of other engines to take note of these
changes, since we intend eventually to apply the provisions of part
1068 to all engines subject to EPA emission standards. Note that we are
not requesting comment on the whole range of provisions in part 1068,
but rather on those items that are included in this proposal. These
changes include the following:
? Section 1068.10: Clarify confidentiality provisions to
address how we treat information that we collect from on-site visits or
testing, as opposed to information that manufacturers send to us.
? Section 1068.30: Add or correct definitions to coordinate
with the standard-setting parts and clarify various terms.
? Section 1068.105: Expand paragraph (a) to better explain
requirements for equipment manufacturers to use current model-year
engines. This relates especially to the existing provision that allows
equipment manufacturers to use up their normal inventories of engines
from previous model years in cases where a new emission standard takes
effect. We propose to change Sec. 1068.101(a)(1) to reflect these changes.
? Section 1068.110: Clarify that the manufacturers' warranty
obligation includes all expenses related to diagnosing and repairing or
replacing emission-related parts. This is not intended to include
incidental expenses (such as replacement units during warranty
service), consequential damage (such as damage caused by engine
malfunction), or opportunity costs (such as foregone revenue from
engine downtime).
? Section 1068.115: Add text to paragraph (a) to provide a
complete list of reasons for manufacturers to deny warranty claims.
This clarifies that the list of reasons given in paragraph (b) is
descriptive, and is not intended to be comprehensive.
? Section 1068.245: Clarify that manufacturers applying for
hardship must use the provisions of Sec. 1068.250 (if applicable)
before applying for hardship under Sec. 1068.245. This is necessary to
remove the ambiguity resulting from the current approach, which
specifies that both Sec. Sec. 1064.245 and 1068.250 are provisions of
last resort.
? Section 1068.260: Clarify that including the cost of
separately shipped components means that the cost of shipping must also
be addressed.
? Section 1068.265: Add provisions that clarify what
manufacturers must do when they are required to meet emission standards
for engines that are not certified. A typical example would be an
exemption that applies to new engines that replace an old engine that
was certified to emission standards. We already require these engines
to have the same degree of emission control as the replaced engine. We
do not want manufacturers to certify these engines, but we are
proposing to add requirements to clarify how manufacturers can show
that the new engines meet an older set of emission standards. This
involves either using an engine that is the same as one that was
certified in an earlier model year, or performing tests to show that
the engines meet the specified emission levels. In any case,
manufacturers would not need to go through the process or pay the fees
associated with certification. We recently adopted these same
provisions for nonroad diesel engines and are proposing to extend them
to the other engine categories covered by part 1068.
? Section 1068.315: Reduce the ownership requirement for the
identical configuration exemption from one year to six months; also,
change the qualifying criterion from ``the same as'' to ``identical to.''
? Section 1068.410: Add provisions allowing manufacturers to
test engines up to three times total if an engine family reaches a fail
decision under selective enforcement auditing, consistent with the
provisions that apply under most of our programs.

[[Page 54853]]

? Section 1068.510: Clarify that manufacturers must describe
the qualifications of repair personnel, rather than simply stating that
they are qualified.

C. Land-based Nonroad Diesel Engines (40 CFR Parts 89 and 1039)

We recently adopted a new tier of emission standards for nonroad
diesel engines, codifying these standards in 40 CFR part 1039. This
rulemaking led us to make several regulatory changes to the existing
tiers of standards for these engines in 40 CFR part 89. In cases where
we discovered the need for changes after publishing the proposed rule,
but we did not make those changes to part 89 in the final rule out of
concern that the public had not had an opportunity for comment.
Similarly, we are proposing some adjustments to part 1039, based on
information that surfaced late in that rulemaking. We are proposing the
following changes in part 89 and part 1039:
? Section 89.102: Clarify that equipment manufacturers using
allowances under this section may use lower-emitting engines than we
currently require.
? Section 89.110 and Sec. 89.1009: Allow manufacturers to
identify a different company's name and trademark on the emission
control information label, with additional provisions to ensure that
operators take certain steps to ensure that operators have the full
benefit of the emission-related warranty.
? Section 89.130: Refer to the nearly identical provisions
for rebuilding engines in Sec. 1068.120.
? Section 89.410: Allow manufacturers to use ramped-modal
testing, as specified for engines that must meet the Tier 4 standards.
? Appendix A to subpart F: Correct the ranges of values to
address an unintentional gap for sales volumes between 300 and 500.
? Section 89.603: Clarify that standards applicable to
Independent Commercial Importers (ICIs) are those of the year in which
the imported engine was originally produced, for up to five engines per
year. See the Technical Support Document and the discussion below
related to highway engines and vehicles for additional information.
? Sections 89.913 and 89.914: Allow engine and equipment
manufacturers to use the engine-dressing provisions in Sec. Sec.
1039.605 and 1039.610.
? Section 89.1003: Clarify that engine manufacturers may
ensure that the replaced engine is destroyed instead of taking
possession of it; add a new label requirement for replacement engines
that are allowed to meet a less stringent set of standards that are in
effect when the replacement engine is built (to address the case where
the engine being replaced was subject to emission standards less
stringent than the current standards).
? Section 89.1003: Clarify that violating the requirements
to rebuild an engine to its original configuration is considered
tampering with respect to the applicable penalties.
? Section 89.1 and Sec. 1039.5: Allow manufacturers to
include marine auxiliary engines in an engine family certified under
part 89 or 1039, subject to certain limitations.
? Section 1039.1: Clarify that residence-time limits do not
apply to engines used in stationary applications if they have been
certified to nonroad emission standards.
? Section 1039.104, 1039.625, and 1039.655: Change cross-
reference from Sec. 1039.260 to Sec. 1068.265.
? Section 1039.125: Clarify that a manufacturer's obligation
to pay for scheduled maintenance under certain situations is limited to
the useful life of the engine.
? Section 1039.225: Include a modified FEL as the basis for
a change to the application for certification, consistent with current
practice.
? Section 1039.240: Adding section references that were
inadvertently omitted.
? Section 1039.510: Remove provisions that are covered by part 1065.
? Section 1039.605 and Sec. 1039.610: Clarify the ABT
responsibilities relative to engines or vehicles that are certified
under the motor-vehicle program and used in nonroad applications.
? Section 1039.705: Add a constraint for averaging, banking,
and trading to prevent manufacturers from including credits earned in
California if there would ever be a situation where they are required
to meet separate standards in California (or another state).
? Section 1039.740: Correct the provisions allowing the use
of emission credits to from previous tiers of emission standards to
include an item that was inadvertently omitted from the Tier 4 final
rule, as described in the preamble to that final rule.
? Section 1039.801: Update various definitions to reflect
the change to move the full text of these definitions to part 1068.
In the Tier 4 final rule, we adopted a revised provision allowing
manufacturers to request a useful life shorter than that specified for
engines generally. Our recent experience with a similar provision for
marine diesel engines has shown that it can be difficult to implement.
The main difficulty relates to the extent and quality of the
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision.
A similar provision has been in place in part 89 since the beginning of
emission standards, but we are not aware of anyone requesting a shorter
useful life for any particular application. In the similar
consideration of this provision for nonroad spark-ignition engines, the
only manufacturers that we would expect to consider a shorter useful
life would be for engines used in concrete saws, concrete pumps or
similar severe-duty applications. To establish a shorter useful life
for a set of engines, manufacturers would need to establish a separate
engine family and pay the associated fees for certification. It is not
clear that any manufacturer of nonroad diesel engines would make the
extra effort or face the extra expense of segregating a family for a
shorter useful life. We therefore request comment on removing this
provision. We also request comment on the approach under consideration
for spark-ignition engines, namely to remove the current approach of
requesting a shorter useful life and replacing it with a useful life of
1500 hours for engines used in concrete saws, concrete pumps, and
similar severe-duty engines. The useful life in years would be the same
for all engines.
During the Tier 4 rulemaking, equipment manufacturers raised a
concern regarding diesel engines certified to meet Tier 4 standards
based on the use of catalyst technology relying on ultra low-sulfur
fuel, where those engines are exported to countries with a higher
sulfur content in diesel fuel. Many pieces of equipment may be designed
and manufactured for the U.S. domestic market and eventually sold to an
end-user that may use the equipment outside of the United States. The
resulting damage to the emission-control system after extended exposure
to the higher sulfur fuel could permanently reduce the effectiveness of
emission controls. One possible solution would be to require that
engines exported from the United States have the engine label and the
aftertreatment removed before shipping the engine. This in effect
invalidates the engine's certification, which would make it illegal to
continue to use the engine in the United States, or to later import the
engine back into the United States. Two potential drawbacks include
reconciling the total balance of emission credits under the averaging,
banking, and

[[Page 54854]]

trading program and reconciling the use of the engine in an existing
flexibility program. Alternatively, we could require tracking engines
and documenting end-use status once it has been placed in equipment. We
seek comment on the use of such a provision to prevent re-importation
of engines that are exposed to fuel sulfur levels that would be
considered tampering if it occurred in the United States.

D. Marine Diesel Engines (40 CFR Part 94)

We are proposing several changes to our diesel marine engine
program, in 40 CFR part 94. These changes are intended to clarify
several aspects of the program. These changes, which are described in
more detail in the Technical Support Document, are as follows:
? Section 94.2: Modify the definitions of ``marine engine''
and ``marine vessel'' and add a new definition of ``amphibious
vehicle'' to clarify what kinds of amphibious vehicles are not
considered marine vessels; modify the definition of ``United States''
to remove the reference to the Trust Territories of the Pacific Islands.
? Section 94.904: Allow the sale of an exempted or excluded
engine if it is certified or identical to a certified engine.
? Section 94.907: Allow vessel manufacturers to take
advantage of the engine dresser provisions; clarify the reporting
requirement to specify that the total number of dressed engines
produced by all companies dressing that base engine for use in a marine
vessel is less than 50 percent of total annual sales for the base
engine; add language clarifying the requirements related to generating
and using emission credits with these engines.
? Section 94.912: Exempt marine auxiliary engines from the
part 94 requirements as long as they are included in an engine family
certified under part 1039 or 89, subject to certain limitations.
? Section 94.1001: Revise applicability to clarify that the
provisions in Subpart K apply to manufacturers, owners, and operators
of marine vessels that contain engines with per-cylinder displacement
of at least 2.5 liters.
? Section 94.1103: Clarify that the engine manufacturer may
ensure that the replaced engine is destroyed instead of taking
possession of it; add a new label requirement for replacement engines
that are allowed to meet a less stringent set of standards than are in
effect when the replacement engine is built (to address the case where
the engine being replaced was subject to less stringent emission standards).
The Technical Support Document also clarifies the conditions under
which an auxiliary engine used on a marine vessel will be considered a
marine auxiliary engine and be subject to 40 CFR 94.

E. Small Nonroad Spark-Ignition Engines (40 CFR Part 90)

We are proposing to add a new section 90.913 to better define the
responsibilities for manufacturers choosing to certify their engines
below 19 kW to the emission standards for Large SI engines in 40 CFR
part 1048. We are also revising section 90.1 to cross-reference
provisions in parts 86, 1048, and 1051 that allow highway motorcycle
engines and nonroad engines above 19 kW to meet the requirements in
part 90 under certain conditions.
We have adopted a new approach to define maximum engine power in 40
CFR part 1039 for nonroad diesel engines for purposes of defining the
applicability of standards. This definition includes a detailed
procedure for determining this value. The current approach for Small SI
engines is to rely on a definition of ``gross power'' that describes
generally how to characterize an engine's maximum power. We request
comment on adopting the new definition of maximum engine power in 40
CFR part 90. This would have the advantage of harmonizing our treatment
of this basic tool to characterize engines and would allow for
consistent treatment across programs. See the Technical Support
Document for more information.
In addition, we are updating current references to test procedures
in 40 CFR part 86 by pointing instead to 40 CFR part 1065.
Manufacturers are also encouraged to review the proposed provisions in
40 CFR part 1065, since we intend eventually to apply those same
procedures to Small SI engines. In particular, we have noted that the
equations in Sec. 90.426(b) and (d) for calculating mass flow rate and
dilution factor differ from the comparable equations in part 1065,
subpart G. We request comment on applying the equations from part 1065,
subpart G, to Small SI engines for calculating these values.

F. Marine Spark-Ignition Engines (40 CFR Part 91)

We are proposing only minimal changes for marine SI engines in 40
CFR part 91. These changes are primarily to update current references
to test procedures in 40 CFR part 86 by pointing instead to 40 CFR part
1065. We are also updating various definitions, as described in Section
II.A. Manufacturers are also encouraged to review the proposed
provisions in 40 CFR part 1065, since we intend eventually to apply
those same procedures to marine SI engines.

G. Large Nonroad Spark-Ignition Engines (40 CFR Part 1048)

We adopted emission standards for nonroad spark-ignition engines
over 19 kW in November 2002 (67 FR 68242). The regulations in 40 CFR
part 1048 were our first attempt to draft emission-control regulations
in plain-language format. In the recent final rule for nonroad diesel
engines, we went through a similar process, including extensive
interaction with a different set of manufacturers. This process led us
to adopt regulatory provisions in 40 CFR part 1039 that differ somewhat
from those in part 1048. Since the process of meeting standards,
applying for certificates, and complying with other emission-related
requirements has a lot of commonality across programs, we have a strong
interest in adopting consistent provisions and uniform terminology
where possible. As a result, we are proposing extensive changes in part
1048 to align with the regulations in part 1039. Many of these changes
reflect minor wording differences. The more significant changes to part
1048 include the following:
? Section 1048.105: Exclude marine fuel tanks from the
standards for evaporative emissions. This is appropriate, because the
fuel-hose requirements are incompatible with Coast Guard requirements
and because we are developing a separate emission-control program that
would apply to all fuel tanks associated with marine spark-ignition engines.
? Section 1048.135: Add a requirement for manufacturers to
supply duplicate labels. This corresponds with the recently adopted
provisions of 40 CFR 1068.105(c) that ensure that equipment
manufacturers will take steps to prevent the misuse of duplicate labels.
? Section 1048.135: Allow manufacturers to identify a
different company's name and trademark on the emission control
information label, with additional provisions to ensure that
manufacturers take certain steps to ensure that operators have the full
benefit of the emission-related warranty.
? Section 1048.145: Add detailed provisions to the family-
banking provisions to better define the qualifying criteria and the
process for using this provision. For example, we

[[Page 54855]]

establish a date by which manufacturers must begin production of early-
compliant engines to avoid giving credits for marginal early
production, we clarify that the late-complying engines must continue to
meet the Tier 1 standards, and we add a requirement that manufacturers
report the number of engines they produce under this provision to allow
us to verify compliance.
? Section 1048.310: Clarify that the maximum testing rate of
1 percent for production-line testing applies only after testing the
minimum number of engines specified.
? Section 1048.501: Allow an optional procedure for
measuring diurnal emissions from plastic fuel tanks. This addresses the
fact that we intended to control diurnal emissions from fuel tanks, not
permeation emissions. This will have minimal environmental impact,
since plastic fuel tanks are rarely used with industrial spark-ignition
engines. While we may consider adding permeation controls in the
future, we are proposing to adopt procedures that would not require
upgrades to plastic fuel tanks at this time.
? Section 1048.505: Allow manufacturers to use ramped-modal
testing for simplified measurement of steady-state emission results.
See the Technical Support Document for additional discussion or ramped-
modal testing.
For discussion of additional changes, see the Technical Support
Document.
In the November 2002 final rule, we adopted a provision allowing
manufacturers to request a useful life shorter than that specified for
engines generally. Our recent experience with a similar provision for
marine diesel engines has shown that it can be difficult to implement.
The main difficulty relates to the extent and quality of the
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision.
As far as we are aware, the only manufacturers that might reasonably
consider a shorter useful life would be for engines used in severe-duty
applications. To establish a shorter useful life for a set of engines,
manufacturers would need to establish a separate engine family and pay
the associated fees for certification. During the rulemaking,
manufacturers of these engines suggested that their engines rarely
operate longer than 1500 hours. We therefore request comment on
removing the current approach of requesting a shorter useful life and
replacing it with a useful life of 1500 hours for severe-duty engines.
The useful life in years would be the same for all engines.
Starting in the 2007 model year, manufacturers must show that they
meet emission standards over a transient duty cycle. The specified
transient duty cycles were based on real-world operation from in-use
engines. While these duty cycles were extensively tested with a variety
of engines over the course of the rulemaking, we have learned that
certain high-speed engines may not be able to sufficiently match the
speed-load trace in the duty cycle to meet cycle-validation criteria.
The cycle was developed with engines that were designed with governed
speeds around 3000 rpm. For example, for engines with governed speeds
of 3600 rpm or higher, the denormalized duty cycle may have exaggerated
acceleration rates that exceed an engine's capability.\2\ In this
situation, manufacturers would be able to use a modified duty cycle
under the provisions for special test procedures in 40 CFR 1065.10. We
request comment on the need for using the provision for special test
procedures to address this situation. We also request comment on
whether it would be appropriate to make cycle-related adjustments in
the regulation. This could take the form of relaxed values for cycle
validation criteria, limits to cap acceleration rates, using different
maximum-speed and maximum-torque values for denormalizing, or other
approaches.
---------------------------------------------------------------------------

\2\ The prescribed duty cycle is a normalized sequence of speeds
and loads expressed as a percentage of an engine's maximum values.
Before testing, these percentage values must be denormalized into
rpm and N-m values that are specific to the test engine based on its
maximum speed and torque capabilities.
---------------------------------------------------------------------------

H. Recreational Vehicles (40 CFR Part 1051)

We are proposing to make several adjustments and clarifications to
the regulations for recreational vehicles in part 1051, including the
following:
? Clarify the characteristics for evaporative emission
families to include items we inadvertently omitted from the November
2002 final rule, and make it clearer how evaporative and exhaust
emission families relate to each other.
? Clarify the evaporative test procedures regarding steps to
seal the fuel tank.
? Define ``Fuel lines'' to remove uncertainty related to
which products are subject to permeation standards.
? Specify a maximum 8-hour time period between refueling and
starting the permeation test run and clarify that extending permeation
testing from two weeks to four weeks depends on establishing a linear
change in emissions based on daily measurements.
? Clarify that youth-model ATVs and off-highway motorcycles
count toward meeting the phase-in requirements.
? Remove the ATV FEL cap for carbon monoxide, which was
inadvertently left in the final regulations.
? Specify that the warranty period may be based on hours of
engine operation in addition to odometer readings.
? Allow rounding of Normalized Emission Rates to one decimal
place, rather than to the nearest whole number, and adding additional
equations for smaller engines.
? Change the minimum useful life for youth-model ATVs and
off-highway motorcycles to 5,000 kilometers and 500 hours.
? Allow all ATVs certifying to J1088 to use the raw gas
sampling provisions of Part 91 for engine testing through the 2008
model year, which was intended in the November 2002 final rule.
? Allows manufacturers to test engines based on an engine's
maximum power if that better represents in-use operation, rather than
using the specified procedure to establish maximum test speed.
? Adopt a speed threshold to exclude low-speed all-terrain
vehicles from part 1051. For example, low-speed amphibious vehicles not
meeting the definition of offroad utility vehicles would be covered by
part 90 instead of part 1051.
These provisions are all discussed in more detail in the Technical
Support Document. In addition, we request comment regarding whether it
is appropriate to adopt a ramped-modal test method as an alternative
for the steady-state tests applicable to recreational vehicles under
Sec. 1051.505 and Sec. 1051.615. This is also discussed in more
detail in the Technical Support Document.
We adopted emission standards for recreational vehicles in November
2002 (67 FR 68242). The regulations in 40 CFR part 1051 were our first
attempt to draft emission-control regulations in plain-language format.
In the recent final rule for nonroad diesel engines, we went through a
similar process, including extensive interaction with a different set
of manufacturers. This process led us to adopt regulatory provisions in
40 CFR part 1039 that differ from those in part 1051. Since the process
of meeting standards, applying for certificates, and complying with
other emission-related requirements has a lot of commonality across
programs,

[[Page 54856]]

we have a strong interest in adopting consistent provisions and uniform
terminology as much as possible. As a result, we are proposing
extensive changes in part 1051 to align with the regulations in part
1039. Many of these changes reflect minor wording differences. The more
significant changes to part 1051 include the following:
? Section 1051.135: Allow manufacturers to identify a
different company's name and trademark on the emission control
information label, with additional provisions to ensure that operators
take certain steps to ensure that operators have the full benefit of
the emission-related warranty.
? Section 1051.135: Add a requirement for manufacturers to
supply duplicate labels. This corresponds with the recently adopted
provisions of 40 CFR 1068.105(c) that ensure that equipment
manufacturers will take steps to prevent the misuse of duplicate labels.
? Section 1051.135: Add a requirement to include the hang-
tag label with normalized emission rates in the application for
certification.
? Section 1051.225: For situations where the Family Emission
Limit changes during a model year, the manufacturer calculates the
credit balance for the family based on the FEL that applies for the
corresponding production volume. This allows manufacturers to generate
more credits (or use fewer credits), but this is consistent with the
fact that manufacturers are liable for the emission-control performance
of each engine relative to the FEL that applied at the point of production.
? Section 1051.501: Add ``or add'' in paragraph (b)(2) to
clarify that the addition of fuel would not be allowed after the first
weight measurement is taken in the permeation test run.
? Section 1051.705: Add a constraint for averaging, banking,
and trading to prevent manufacturers from including credits earned in
California if there would ever be a situation where they are required
to meet separate standards in California (or another state).
? Section 1051.505 and 1051.615: We request comment on
adding an option to allow manufacturers to conduct steady-state testing
using ramped-modal cycles, as described in the Technical Support Document.
We request comment on all these changes to part 1051.

I. Locomotives (40 CFR Part 92)

We are proposing a variety of changes for our locomotive
regulations in 40 CFR part 92 to make correct various technical
references and typographical errors. See the Technical Support Document
and the proposed regulations for additional information.
In addition, we are requesting comment on a few additional items.
The Engine Manufacturers Association recommended several revisions to
the locomotive regulations.\3\ We are proposing many of these changes,
and are requesting comment on those that we are not proposing. We are
especially interested in comments related to EMA's request to revise
the accuracy specifications found in Sec. Sec. 92.104(b)(1)(i),
92.105(d), 92.106(b)(1)(ii), 92.107(a)(1), and 92.126(b)(3). These
comments generally express a concern that the adopted specifications
require too much precision or accuracy. We request further comment on
the achievable level of precision and accuracy for these
specifications, and on the degree to which we should change the
specified values.
---------------------------------------------------------------------------

\3\ ``Recommended Technical Amendments to EPA Tier 0/1/2
Locomotive Rule,'' Handout from the Engine Manufacturers
Association, October 2003 (Docket #OAR-2004-0017-0002).
---------------------------------------------------------------------------

The standards for locomotive engines currently do not apply to
engines used in locomotives if they have a maximum power below 750 kW.
These engines are generally designed and manufactured for other
applications, so they are excluded from locomotive standards and
procedures. We have received a request that we allow engines below 750
kW that are used in locomotives to optionally certify to locomotive
standards instead of the otherwise applicable requirements of 40 CFR
part 89.\4\ This commenter suggested the following addition to the
regulations in 40 CFR part 92:
---------------------------------------------------------------------------

\4\ ``Inclusion of the Railpower Green Goat Hybrid Locomotive 40
CFR 92 Averaging, Trading, and Banking'' e-mail from Christopher
Weaver, Railpower, May 7, 2004 (Docket #OAR-2004-0017-0003).
---------------------------------------------------------------------------

The manufacturer or remanufacturer of a vehicle propelled by an
engine rated less than 750 kW, but that otherwise meets all the
requirements of this definition may elect to have it treated under this
part rather than under part 89 by giving written notice of such
election to the Administrator. All of the provisions of this part shall
apply to vehicles for which such an election is made.
We continue to believe that engines below 750 kW should be
regulated as nonroad diesel engines under part 89. However, we request
comment on this suggestion to allow manufacturers to optionally meet
the standards in part 92 instead. We also request comment regarding the
applicability of the line-haul emission standards to these low-power
locomotive engines. Finally, we request comment on alternate
calculations to address the equivalent tractive horsepower of hybrid
locomotives.

J. Highway Engines and Vehicles (40 CFR Part 86)

1. Light-duty Vehicles
a. Calculation Method for Nonmethane Hydrocarbons. Text changes are
proposed to properly align EPA and CARB calculation methods for
measuring nonmethane hydrocarbons from gasoline, diesel, methanol,
ethanol, and liquefied petroleum gas fueled light-duty vehicles.
Harmonization of EPA and CARB testing and calculation practices,
including proper accounting for the methane response of the total
hydrocarbon FID, was anticipated when Tier 2 regulations were
developed. Modifying the language in 86.121-90(d) and 86.144-
94(c)(8)(vi) to explicitly require the use of a measured methane
response factor, as opposed to the current CFR text which specifies an
assumed methane response factor of 1.0, will align the calculation
methods. Calculating nonmethane hydrocarbon using a measured methane
response factor is the technically correct calculation and measurement
method.
b. Correction to Tier 2 Regulations. On December 6, 2002, we made
some minor technical amendments to EPA's Tier 2/Gasoline Sulfur
regulations (67 FR 72821, December 6, 2002). However, those actions
mistakenly reversed a prior correction to Table S04-2 in Sec. 86.1811-
04(c)(6) that was made on February 28, 2000 (65 FR 10598, February 28,
2000). We are now reestablishing the correct version of that table.
Specifically, in Sec. 86.1811-04(c)(6), in Table S04-2, the ``Notes''
entry corresponding with ``Bin No. 9'' should read ``a b e f g h''.
c. Correction to Supplemental Federal Test Procedure Regulations.
We propose to make the following corrections to regulatory references,
spelling, and the like with these technical amendments:
? An incorrect regulatory reference is corrected in section
86.158-00;
? Revision to section 86.161-00 inserts the correct humidity
tolerance of plus-or-minus 5 grains of water/pound of dry air; and
? Revision to the equation in section 86.164-00 adds plus
(``+'') signs that were omitted in the regulations.
d. Correction to National Low Emission Vehicle Regulations. In
several places in the National Low Emission Vehicle (NLEV) emissions
standards

[[Page 54857]]

there are typographical errors affecting emission standards and testing
provisions which require correction:
? Incorrect in-use formaldehyde standards for light-duty
vehicles in tables R99-5 and R99-6 (Sec. 86.1708-99).
? Incorrect model year applicability of in-use standards for
light-duty trucks (Sec. 86.1709-99(c)(1)).
? Missing standards for light-duty trucks from 0-3750 loaded
vehicle weight in Table R99-14.2 (Sec. 86.1709-99).
? Correction of fleet average NMOG standards for calculating
credits for 1997 and 1998 model years in the Northeast Trading Region
(Sec. 86.1710-99(c)(8)).
? Correcting a reference to 86.1705-99(e)(4) that should
have been to 86.1707-99(d)(4) (Sec. 86.1711-99).
2. Highway Motorcycles
a. Highway Motorcycle Labeling Requirements. On January 15, 2004,
we finalized new emission standards for highway motorcycles (69 FR
2398, January 15, 2004). These new standards are implemented in two
stages: a ``Tier 1'' that is effective in the 2006 through 2009 model
years, and a ``Tier 2'' that takes effect starting with the 2010 model
year. These standards are generally harmonized with California emission
standards that take effect two years earlier. Under the new standards,
Class III motorcycles must comply with a new HC+NO_X emission
standard on a corporate average basis. This new flexibility allows
manufacturers to market motorcycles that produce more pollution than
the designated average standard as long as they are balanced out by
sales of less-polluting models such that the manufacturers' sales-
weighted corporate average remains below the standard. Averaging is
also optionally allowed for Class I and II motorcycles.
Since publishing the final rule, however, we realized that the
labeling language for highway motorcycles is not helpful in the context
of the new averaging standard. The current federal labeling language
(see 40 CFR 86.413-78) only requires that a motorcycle label indicate
compliance with EPA standards for a given model year. This is all that
is needed when there is no uncertainty regarding what the applicable
emission standards are. In the context of the type of averaging program
we finalized, however, the manufacturers essentially choose their own
emission standard (up to a cap) for each engine family. The
manufacturer-selected emission standard is known as a ``Family Emission
Limit,'' or FEL. For example, a manufacturer with two engine families
might market one meeting a standard of 2.2 grams/mile HC+NO_X
and another one meeting a standard of 0.5 grams/mile HC+NO_X.
If these are equally-selling engine families, then the manufacturer
will meet the required Tier 1 average of 1.4 grams/mile
HC+NO_X.
In the case described above, a label with only the model year will
not provide adequate information regarding the applicable emission
standard. Historically both EPA and ARB have required labels that
identify the specific applicable FEL for vehicles certified under
averaging programs. Therefore, we are amending the labeling
requirements with two goals in mind. First, the label must provide
sufficient information regarding the applicable emission standard and
model year, as well as specific tune-up information. Second, the label
requirements should be aligned with ARB to the greatest degree possible
to prevent a situation where the manufacturer has to apply two labels
to a motorcycle to meet two different sets of requirements. The new
labeling language in 40 CFR 86.413-2006 accomplishes both of these goals.
b. Highway Motorcycle Fuel Specifications. In our final rule
setting new emission standards for highway motorcycles (69 FR 2398,
January 15, 2004) we updated the fuel specifications for motorcycle
emission testing to be consistent with the fuel specifications
finalized on February 10, 2000, as part of our ``Tier 2 Motor Vehicle
Emissions Standards and Gasoline Sulfur Control Requirements'' (65 FR
6697, February 10, 2000). This was necessary to ensure that motorcycles
are tested using fuels consistent with those available in the
marketplace. We received no negative comments on making this change. It
is necessary at this time to correct some errors that were made in
updating the motorcycle test fuel specification. The specific
corrections are:
? Changing the volume percent of aromatics from ``35
minimum'' to ``35 maximum'';
? Changing the phosphorous g/liter specification from 0.005
g/liter to 0.0013 g/liter (the alternative specification is 0.005 g/
U.S. gallon);
? Changing the sulfur weight percent from 0.08 maximum to
0.008 maximum; and
? Changing the volatility test procedure from ``ASTM D
3231'' to ``ASTM D 323.''
c. Highway Motorcycles with engines below 50 cc. We are proposing
modified language in Sec. 86.447 and Sec. 86.448 to clarify various
aspects of the provision allowing manufacturers to use products
certified to nonroad emission standards instead of the standards for
highway motorcycles under part 86. These changes include the following:

--Clarify the requirement related to the number of engines that may be
certified under nonroad programs.
--Define the requirements related to generating and using emission
credits with these engines.
--Add language to better define the legal responsibilities for
companies involved in producing motorcycles under this provision.
3. Heavy-Duty Highway Engines
As discussed above, we are proposing to adopt the lab-testing and
field-testing specifications in part 1065 for heavy-duty highway
engines, including both diesel and Otto-cycle engines. These procedures
replace those currently published in 40 CFR part 86 subpart N. We are
proposing a gradual transition from the part 86 procedures over a
period of two model years in order to fully migrate to part 1065, no
later than model year 2008. Manufacturers would not need to conduct new
testing if they are able to use carryover data, but any new testing for
2008 and later model years would be done using the part 1065
procedures. Migrating heavy-duty highway engines to the part 1065
procedures allows us to include all the testing-related improvements in
the HD2007 rule, including those we have adopted through guidance.\5\
In addition, part 1065 incorporates revisions based on updated
procedures for sampling low concentrations of PM.
---------------------------------------------------------------------------

\5\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------

We are also proposing to require manufacturers to use ramped-modal
testing to show that they meet steady-state emission standards using
the Supplemental Emissions Test (SET), which will be required for model
year 2007 and later engines. The conventional approach for steady-state
testing is to measure emissions separately for each mode. Ramped-modal
testing involves a single, continuous emission measurement as the
engine operates over the test modes in a defined sequence, including
short transition segments between modes. Ramped-modal testing offers
several advantages, primarily that of increased accuracy for measuring
very low levels of PM emissions. See the Technical Support Document for
additional information on the advantages of ramped-modal testing.
We are also clarifying that certain data requirements related to
Supplemental Emission Testing are required only

[[Page 54858]]

when engines are subject to Maximum Allowable Emission Limits.
Part 1065 bases the denormalized duty cycle on ``maximum test
speed,'' which differs somewhat from the traditional approach from part
86 of relying on rated speed. We request comment on whether or not we
need to adjust how maximum test speed is applied to heavy-duty highway
diesel engines to better represent in-use operation. Specifically, we
request comment on whether or not we should specify that maximum test
speed should be equal to the 112% speed from the duty cycle for this
particular sequence. This would shift the prescribed speeds that are in
excess of 100% speed to be no greater than 99.92% of maximum test
speed. This adjustment would prevent excessive speeds, while ensuring
our intent to specify maximum test speed to test an engine over its
complete operating range.
We are proposing a minor adjustment to the phase-in process for the
HD2007 standards to allow manufacturers to make their compliance
demonstration either on the basis of model years or calendar years.
This increases the flexibility for manufacturers to define their model
year without affecting their ability to show that they meet their
phase-in obligations. Because the phase-in period is three years under
either approach, we believe this adjustment would not harm the
environmental objectives of the program.
In the recently finalized Nonroad Diesel Tier 4 final rule, we
included new regulatory provisions allowing engine manufacturers to
ship engines and aftertreatment separately to equipment manufacturers,
provided several criteria were met (69 FR 39308, June 29, 2004). These
criteria were based on two main principles. First, the engine
manufacturer is responsible to ensure that equipment manufacturers are
fully aware of their responsibilities for proper installation of the
engine and catalyst system. Second, the engine manufacturer has the
primary responsibility for ensuring the engine and catalyst are
properly installed. While the engine manufacturer has the primary
responsibility, we may also find the equipment manufacturer liable
under certain circumstances. We request comment on applying similar
provisions to allow separate shipment of engines and aftertreatment for
heavy-duty highway engine manufactures, including both gasoline and
diesel engines. In addition, we request information that would indicate
to what extent the heavy-duty highway engine/catalysts/vehicle
manufacturer business relationships are similar to those for nonroad
diesel engines, and whether the same provisions should apply to the
companies producing highway engines and vehicles as we have adopted for
the nonroad diesel engines and equipment.
We are taking this opportunity to clarify an aspect of the
information reporting requirements described in a recently proposed
rule making for manufacturer in-use testing of heavy-duty vehicles. The
Notice of Proposed Rule Making (NPRM) for the manufacturer-run in-use
testing program (FR Cite) was issued June 3, 2004. Section K in the
preamble provides a non-exhaustive example of the types of engine
parameters commonly stored in the engine's on-board computer and
requires manufacturers to report those parameters which are readily
available. We want to be clear that not only should those parameters be
reported to EPA, but that they also must be reported to and stored by
any portable emissions measurement system used to meet the testing
requirements described in the NPRM. Because the proposed regulatory
language in 40 CFR part 1065, subpart J contained in today's notice
does not contain all of the parameters we intended to be required in
the manufacturer in-use testing program, we expect that section
86.1920(a)(4)(xii) in the final in-use testing regulations will contain
language that will better reflect this intent and make explicit the
types of parameters that may be subject to the reporting requirements.
Specifically, the current language in 86.1920(a)(4)(xii) states:

Recorded one-hertz test data for all the parameters specified in
40 CFR part 1065, subpart J, including any other relevant parameters
electronically sensed, measured, calculated, or otherwise stored by
the engine's onboard computer. This also includes any parameters
used to modulate the emission-control system.

The final language would state:

Recorded one-hertz test data for all the parameters specified in
40 CFR part 1065, subpart J, and any other relevant parameters
electronically sensed, measured, calculated, or otherwise stored by
the engine's onboard computer, including but not limited to engine
speed, engine torque, engine coolant temperature, intake manifold
temperature, manifold absolute pressure, barometric pressure
(altitude), ambient temperature, brake specific fuel consumption,
exhaust temperature upstream of aftertreatment, and elapsed time,
any parameter needed to demonstrate the engine is within the NTE or
an approved carve-out or deficiency region. The one-hertz test data
must also include any parameters used to modulate the emission-
control system.

We request comment on this revision.
Similarly, Subpart K of the preamble requests comment on the
whether engine manufacturers should be required to design the on-board
engine computer to explicitly identify when an engine is operating in
an approved NTE carve-out or deficiency. We want to make clear that the
request for comment also more broadly covers whether the engine's on-
board computer should identify when the engine is operating within the
NTE. Under the proposal, manufacturers are required, at a minimum, to
provide information from the engine's on-board computer or some other
readily available source that will enable EPA to make these NTE
determinations.
4. Importation of Nonconforming Highway Engines and Vehicles
The Agency is proposing revisions to 40 CFR part 85, subpart P
regarding the applicable emission standards for imported nonconforming
highway vehicles and engines, including light-duty vehicles (passenger
cars), light-duty trucks, heavy-duty vehicles, heavy-duty engines, and
motorcycles. This proposal clarifies that these nonconforming vehicles
and engines are required to meet the emission standards in effect when
the vehicle or engine was originally produced, not the emission
standards in effect when the vehicle or engine is modified. This
approach is consistent with the requirements for light-duty Independent
Commercial Importers (ICIs) which have been in effect since 1996 (61 FR
5842, February 14, 1996).
Most of the issues related to this proposal were previously
addressed in the 1996 rule. An excerpt from that 1996 rule provides a
brief summary of the basis for this proposal. Section I.A of the 1996
final rule reads in part:

As proposed, EPA is eliminating the requirement that
nonconforming light-duty vehicles and Light-duty trucks imported
pursuant to 40 CFR 85.1501 or 85.1509 meet the part 86 emission
standards in effect at the time of modification. These vehicles,
with a few exceptions, will instead be required to meet emission
standards (with applicable deterioration factors applied) that were
in effect at the time of original vehicle production, using
currently applicable testing procedures.
The specific standards applicable to these vehicles are
contained in a new Sec. 85.1515 * * *.
As discussed in the proposal (Supplementary Document pp. 27-28,
Docket No. A-89-20), when EPA promulgated the prior requirement to
meet standards applicable at the time of modification, the Agency
had no data or evidence suggesting that older vehicles could not be
modified to meet current year emission standards. Since that
rulemaking, EPA has obtained evidence suggesting that many older
vehicles cannot be modified to meet current year standards

[[Page 54859]]

without extraordinary cost, which makes the conversion financially
unfeasible for many owners of such vehicles. Today's rule would give
owners of older vehicles a way to import their vehicles. In
addition, it would have been significantly more difficult and costly
for importers to modify vehicles to comply with the current model
year standards beginning in January, 1996, when the standards
applicable to small volume manufacturers became substantially more
stringent. EPA agrees with the statements submitted by ICIs after
the close of the comment period that the expense of such
modifications would have a serious deleterious effect on their
businesses and would not justify the costs.

Although the intent of the 1996 rule was clear, we are proposing to
make regulation changes to make the regulation language consistent with
the intent of the 1996 rule. The 1996 final rule added 40 CFR 85.1515,
which provided a list of the emission standards applicable to imported
light-duty vehicles and light-duty trucks based on the original
production (OP) year of the vehicle. Tables 1 and 2 in 40 CFR 85.1515
correctly indicate that the emission standards applicable for pre-1994
imported light-duty vehicles and light-duty trucks are based on the
original production year of the vehicle. Tables 1 and 2 also correctly
indicate (in a footnote) that 1994 and later imported light-duty
vehicles and light-duty trucks are required to meet the applicable
emission standards as ``Specified in 40 CFR part 86 for the OP year of
the vehicle, per 85.1515(c).'' However Sec. 85.1515(c)(1) incorrectly
indicates that ``Nonconforming motor vehicles or motor vehicle engines
of 1994 OP model year and later conditionally imported pursuant to
Sec. 85.1505 or Sec. 85.1509 shall meet all of the emission standards
specified in 40 CFR part 86 for the model year in which the motor
vehicle or motor vehicle engine is modified.'' (emphasis added)
This ambiguity in the regulations was unfortunately not corrected
after the 1996 rule changes became effective. Nor was it corrected when
Interim non-Tier 2 and Tier 2 requirements were adopted for import
vehicles (65 FR 6698, February 10, 2000). Although the 2000 rulemaking
did not intend to change the highway engine or vehicle importation
process, the regulations continued to indicate that nonconforming motor
vehicles and motor vehicle engines must meet the emission standards in
the model year in which the motor vehicle or motor vehicle engine is
modified; see 40 CFR 85.1515(c)(2)(ii) through (d). We have now
received several petitions from light duty ICIs to correct the
regulations to permit vehicles imported by ICIs to meet OP year standards.
In summary, for the reasons discussed in the provisions of 61 FR
5842, February 14, 1996, we are proposing changes to correct the
regulations for nonconforming highway vehicles so they are consistent
with the intent of the 1996 final rule. This proposal will require
imported highway vehicles to meet the emission standards in effect the
year the vehicle was originally produced, not the emission standards in
effect in the year the vehicle or engine is modified. We are, however,
concerned that ICI provisions which apply OP year standards could be
used as a way to circumvent our Tier 2 light duty standards and our new
more stringent motorcycle standards. Thus we are proposing to cap each
ICI's annual production of vehicles meeting OP year standards when OP
year standards are less stringent than the standards that apply during
the year of modification. We are proposing a cap of a total of 50 light
duty vehicles and trucks and 50 motorcycles. This does not impact the
number of vehicles an ICI may produce that are certified to the
standards that apply during the year of modification.
While we have never had an ICI for highway HDEs, we are also
proposing, consistent with the above, to make clear that the applicable
standards for HDEs imported by an ICI would be those of the year of
original production. For HDEs, we are proposing an annual cap of five
on an ICI's production of engines certified to OP year standards that
are less stringent than those that apply during the year of
modification. This will address the possibility that ICIs could provide
an avenue by which truck purchasers could avoid the additional costs of
new trucks with engines meeting aftertreatment-based engine standards.
We are proposing a similar amendment for nonroad diesel engines, as
described elsewhere in this document.
We believe it is appropriate to have different caps on the quantity
of vehicles and engines that can be certified to OP year standards,
where OP year standards are less stringent than those that apply during
the year of modification. The sales of light-duty vehicles and trucks
are many times greater than those of heavy-duty highway engines and
nonroad diesel engines combined. Further, we believe that the caps for
light-duty vehicles, light-duty trucks, and motorcycles should be
larger than those for nonroad and highway engines to accommodate an
industry that has grown up around the light-duty ICI program. The
light-duty and motorcycle ICIs can provide additional consumer choice
and also provide an avenue by which (for a price) someone who has lived
outside of the United States, including returning U.S. military
personnel, can bring a used personal vehicle they acquired overseas
into conformity with U.S. emission requirements. No such ICI industry
exists for highway or nonroad engines. Where OP year standards are
applied to highway and nonroad engines, we are proposing a lower cap.
We believe it will be appropriate to limit the activities of engine
ICIs, when previous model year engines are involved, to those
specialized trucks or pieces of equipment for which demand is so low
that normal certification didn't occur or might not occur. While we
want to provide an opportunity for the importation of highly
specialized vehicles or equipment that might otherwise be unavailable
in the United States, we do not want to develop an industry that simply
provides older equipment that would most likely be built with engines
meeting significantly less stringent standards.
5. Revisions and Corrections to Dynamometer Driving Schedules
a. SC03 and US06 driving cycles. This rule proposes to correct
errors in the SC03 driving cycle and to reconcile several discrepancies
between the CFR language and the second-by-second US06 and SC03 drive
cycle traces in the appendices to part 86.
The SC03 cycle in Appendix I, paragraph (h) is proposed to be
lengthened to 600 seconds by the addition of six seconds of zero miles
per hour after 594 seconds. This change and additional language changes
would eliminate confusion in how to execute the requirements in
sections 86.160-00(c)(12) and 86.159-00(f)(2)(ix). Sections 86.159-
00(f)(2)(ix) and 86.160-00(c)(12) both state that the engine is turned
off 2 seconds after the end of the deceleration (which occurs at 594
seconds and driving stops at 596 seconds).
With respect to the SC03 drive trace, section 86.160-00(c)(10)
reads ``Twenty seconds after the engine starts, begin the initial
vehicle acceleration of the driving schedule.'' However, this is
incorrect. The printed driving schedule in Appendix I, paragraph (h),
correctly shows eighteen seconds of idle. The regulatory language is
proposed to be modified to reflect eighteen seconds of idle, rather
than twenty.
Section 86.160-00(c)(12) currently reads ``Turn the engine off 2
seconds after the end of the last deceleration,'' but the Appendix I,
paragraph (h), drive schedule has no idle seconds at the end of the
SC03 cycle. Idle speed values are proposed to be added to the end of the

[[Page 54860]]

SC03 drive schedule to make it consistent with the regulatory language.
The impact of these changes would clarify that the first non-zero speed
value to be at trace time t=19 seconds. This section is proposed to be
amended to clarify that driving stops at trace time t=596 seconds.
The US06 drive schedule has a similar discrepancy. Section 86.159-
00(f)(2)(ix) reads ``Turn the engine off 2 seconds after the end of the
last deceleration.'' However, the drive schedule in Appendix I (g) has
six idle seconds at the end of the US06 cycle. We proposed to amend
this section to clarify that driving stops at trace time t=596 seconds.
b. Urban Dynamometer Driving Schedule. We are also proposing to
take action to correct two minor errors in the Appendix I, paragraph
(a), Urban Dynamometer Driving Schedule (UDDS) that have existed since
the 1970's. Originally published in the Federal Register on November
10, 1970 (35 FR 17311), the UDDS is the driving cycle that is the basis
of the Federal Test Procedure. Since it was published, however, two
speed values in the UDDS were erroneously modified. Specifically, the
speed value at t=961 seconds was changed from 5.3 mph to 5.0 mph in
1972, and the speed value at t=1345 seconds was changed from 18.3 mph
to 18.8 sometime between 1973 and 1977. The speed value of 5.0 mph at
t=961 creates an acceleration of 3.6 mph/sec to 8.6 mph at t=962, which
is inconsistent with the acknowledged 3.3 mph/sec maximum acceleration
rate due to dynamometer limitations. The speed value of 18.8 mph at
t=1345 is inconsistent with what should be a gradually decreasing
acceleration rate from t=1343 to t=1347 seconds. This rule proposes to
revert these values back to the speed values as they were published in
1970. It is important to note that the regulated industry and EPA have
been using the correct speed values since 1970, despite the error in
the Code of Federal Regulations (CFR).
In addition, a dynamometer manufacturer commented to EPA that the
CFR has several errors in the Appendix I, paragraph (b), version of the
UDDS that is expressed in kilometers per hour. EPA has verified that
these errors are not rounding errors when converting from miles per
hour, but are more likely the result of errors in typing. The table
below indicates the correct mile per hour and kilometer per hour
values, as well as the incorrect value. This rule proposes to make
these corrections.

------------------------------------------------------------------------
Time (seconds) Incorrect KPH Correct KPH Correct MPH
------------------------------------------------------------------------
363 52.3 52.8 32.8
405 14.5 14.8 9.2
453 31 31.9 19.8
491 55.8 55.5 34.5
577 21.4 27.4 17.0
662 43.9 42.0 26.1
663 43.1 42.2 26.2
664 42.3 42.2 26.2
932 40.3 40.2 25.0
------------------------------------------------------------------------

III. Public Participation

We request comment on all aspects of this proposal. The comment
period for this rule will end on October 29, 2004.
We will hold an informal public workshop on October 1, 2004 at the
National Vehicle and Fuel Emissions Laboratory, which is located at
2000 Traverwood Drive, Ann Arbor, Michigan 48105. The workshop will
start at 9 a.m. with an opportunity for any individuals to raise
questions or comments related to the proposed technical amendments.
Following this, the rest of the day will be devoted to discussions of
the proposed changes to the test procedures in 40 CFR part 1065.
If you would like a public hearing in addition to the planned
workshop, contact us by September 20, 2004 as described above in DATES.
If a public hearing is requested, we will hold it on September 27, 2004
starting at 9 a.m. EDT. Contact us for updated information about the
possibility of a public hearing.
If you would like to present testimony at a public hearing, we ask
that you notify the contact person listed above at least ten days
beforehand. You should estimate the time you will need for your
presentation and identify any needed audio/visual equipment. We suggest
that you bring copies of your statement or other material for the EPA
panel and the audience. It would also be helpful if you send us a copy
of your statement or other materials before the hearing.
We will arrange for a written transcript of the hearing and keep
the official record of the hearing open for 30 days to allow you to
submit supplementary information. You may make arrangements for copies
of the transcript directly with the court reporter.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to review by
the Office of Management and Budget (OMB) and the requirements of this
Executive Order. The Executive Order defines a ``significant regulatory
action'' as any regulatory action that is likely to result in a rule
that may:
? Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or communities;
? Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
? Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
? Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Because the rule merely revises the measurement methods and makes a
variety of technical amendments to existing programs, it is not a
significant regulatory action and is not subject to the requirements of
Executive Order 12866. Any new costs associated with this rule will be
minimal. In addition, some of the changes will substantially reduce the
burden associated with testing, as described in the Regulatory Support
Document.

B. Paperwork Reduction Act

This rule does not include any new collection requirements, as it
merely revises the measurement methods and makes a variety of technical
amendments to existing programs.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration (SBA) by category of business
using North America Industrial Classification System (NAICS) and
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or

[[Page 54861]]

special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this proposed rule are small businesses
that produce nonroad engines. We have determined that no small entities
will experience more than incidental costs as a result of this rule.
This rule merely revises the measurement methods and makes a variety of
technical amendments to existing programs. This proposed rule,
therefore, does not require a regulatory flexibility analysis.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. For example,
most of the proposed changes clarify existing requirements, which will
reduce the time needed to comply, and added flexibility, which may
allow for a simpler effort to comply.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. We have determined that this rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. This rule merely
revises the measurement methods and makes a variety of technical
amendments to existing programs. The requirements of UMRA therefore do
not apply to this action.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
This rule does not have tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and impose compliance costs only on engine manufacturers and ship
builders. Tribal governments will be affected only to the extent they
purchase and use equipment with regulated engines. Thus, Executive
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically

[[Page 54862]]

significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, Section 5-501 of the Order directs the
Agency to evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not likely to have a significant effect
on the supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This proposed rule involves technical standards. The International
Organization for Standardization (ISO) has a voluntary consensus
standard that can be used to test engines. However, the test procedures
in this proposal reflect a level of development that goes substantially
beyond the ISO or other published procedures. The proposed procedures
incorporate new specifications for transient emission measurements,
measuring PM emissions at very low levels, measuring emissions using
field-testing procedures. The procedures we adopt in this rule will
form the working template for ISO and national and state governments to
define test procedures for measuring engine emissions. As such, we have
worked extensively with the representatives of other governments,
testing organizations, and the affected industries.
EPA welcomes comments on this aspect of the proposed rulemaking.

V. Statutory Provisions and Legal Authority

Statutory authority for the engine controls proposed today can be
found in 42 U.S.C. 7401-7671q.

List of Subjects

40 CFR Part 85

Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research, Warranties.

40 CFR Part 86

Administrative practice and procedure, Confidential business
information, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements.

40 CFR Part 89

Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research, Vessels,
Warranties.

40 CFR Part 90

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Reporting and recordkeeping requirements, Research, Warranties.

40 CFR Part 91

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping Requirements,
Warranties

40 CFR Part 92

Administrative practice and procedure, Air pollution control,
Confidential business information, Imports, Labeling, Railroads,
Reporting and recordkeeping requirements, Warranties

40 CFR Part 94

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.

40 CFR Part 1039, 1048, and 1051

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Part 1065

Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.

40 CFR Part 1068

Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Motor vehicle pollution,
Penalties, Reporting and recordkeeping requirements, Warranties.

Dated: August 16, 2004.
Michael O. Leavitt,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES

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

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

2. Section 85.1502 is amended by revising paragraph (a)(14) to read
as follows:
Sec. 85.1502 Definitions.

(a) * * *
(14) United States. United States includes the States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin
Islands.
* * * * *
3. Section 85.1503 is amended by revising the section heading and
adding paragraphs (c), (d), and (e) to read as follows:
Sec. 85.1503 General requirements for importation of nonconforming
vehicles and engines.

* * * * *
(c) In any one certificate year (e.g., the current model year), an
ICI may finally admit no more than the following numbers of
nonconforming vehicles or engines into the United States under the
provisions of Sec. 85.1505 and Sec. 85.1509,

[[Page 54863]]

except as allowed by paragraph (e) of this section:
(1) 5 heavy-duty engines.
(2) A total of 50 light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles.
(3) 50 highway motorcycles.
(d) For ICIs owned by a parent company, the importation limits in
paragraph (c) of this section include importation by the parent company
and all its subsidiaries.
(e) An ICI may exceed the limits outlined in paragraphs (c) and (d)
of this section, provided that any vehicles/engines in excess of the
limits meet the emission standards and other requirements outlined in
the provisions of Sec. 85.1515 for the model year in which the motor
vehicle/engine is modified (instead of the emission standards and other
requirements applicable for the OP year of the vehicle/engine).
4. Section 85.1513 is amended by revising paragraph (d) to read as
follows:
Sec. 85.1513 Prohibited acts; penalties.

* * * * *
(d) Any importer who violates section 203(a)(1) of the Act is
subject to a civil penalty under section 205 of the Act of not more
than $32,500 for each vehicle or engine subject to the violation. In
addition to the penalty provided in the Act, where applicable, under
the exemption provisions of Sec. 85.1511(b), or under Sec. 85.1512,
any person or entity who fails to deliver such vehicle or engine to the
U.S. Customs Service is liable for liquidated damages in the amount of
the bond required by applicable Customs laws and regulations.
* * * * *
5. Section 85.1515 is amended by revising paragraphs (c)(1) and
(c)(2) to read as follows:
Sec. 85.1515 Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.

* * * * *
(c)(1) Nonconforming motor vehicles or motor vehicle engines of
1994 OP model year and later conditionally imported pursuant to Sec.
85.1505 or Sec. 85.1509 shall meet all of the emission standards
specified in 40 CFR part 86 for the OP year of the vehicle or motor
vehicle engine. At the option of the ICI, the nonconforming motor
vehicle may comply with the emissions standards in 40 CFR 86.1708-99 or
86.1709-99, as applicable to a light-duty vehicle or light light-duty
truck, in lieu of the otherwise applicable emissions standards
specified in 40 CFR part 86 for the OP year of the vehicle. The
provisions of 40 CFR 86.1710-99 do not apply to imported nonconforming
motor vehicles. The useful life specified in 40 CFR part 86 for the OP
year of the motor vehicle or motor vehicle engine is applicable where
useful life is not designated in this subpart.
(2)(i) Nonconforming light-duty vehicles and light light-duty
trucks (LDV/LLDTs) originally manufactured in OP years 2004, 2005 or
2006 must meet the FTP exhaust emission standards of bin 9 in Tables
S04-1 and S04-2 in 40 CFR 86.1811-04 and the evaporative emission
standards for light-duty vehicles and light light-duty trucks specified
in 40 CFR 86.1811-01(e)(5).
(ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) originally manufactured in OP years 2004
through 2006 must meet the FTP exhaust emission standards of bin 10 in
Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable
evaporative emission standards specified in 40 CFR 86.1811-04(e)(5).
For 2004 OP year HLDTs and MDPVs where modifications commence on the
first vehicle of a test group before December 21, 2003, this
requirement does not apply to the 2004 OP year. ICIs opting to bring
all of their 2004 OP year HLDTs and MDPVs into compliance with the
exhaust emission standards of bin 10 in Tables S04-1 and S04-2 in 40
CFR 86.1811-04, may use the optional higher NMOG values for their 2004-
2006 OP year LDT2s and 2004-2008 LDT4s.
(iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) originally manufactured in OP years 2007 and
2008 must meet the FTP exhaust emission standards of bin 8 in Tables
S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative
standards specified in 40 CFR 86.1811-04(e)(5).
(iv) Nonconforming LDV/LDTs originally manufactured in OP years
2007 and later and nonconforming HLDTs and MDPVs originally
manufactured in OP years 2009 and later must meet the FTP exhaust
emission standards of bin 5 in Tables S04-1 and S04-2 in 40 CFR
86.1811-04, and the evaporative standards specified in 40 CFR
86.1811(e)(1) through (e)(4).
(v) ICIs are exempt from the Tier 2 and the interim non-Tier 2
phase-in intermediate percentage requirements for exhaust, evaporative,
and refueling emissions described in 40 CFR 86.1811-04.
(vi) In cases where multiple standards exist in a given model year
in 40 CFR part 86 due to phase-in requirements of new standards, the
applicable standards for motor vehicle engines required to be certified
to engine-based standards are the least stringent standards applicable
to the engine type for the OP year.
* * * * *
6. Section 85.2111 is amended by revising the introductory text and
adding paragraph (d) to read as follows:
Sec. 85.2111 Warranty enforcement.

The following acts are prohibited and may subject a manufacturer to
up to a $32,500 civil penalty for each offense, except as noted in
paragraph (d) of this section:
* * * * *
(d) The maximum penalty value listed in this section is shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
7. Appendix II to subpart V is amended by revising section 1 of
part A to read as follows:

Appendix II to Subpart V of Part 85--Arbitration Rules

Part A--Pre-Hearing

Section 1: Initiation of Arbitration

Either party may commence an arbitration under these rules by
filing at any regional office of the American Arbitration
Association (the AAA) three copies of a written submission to
arbitrate under these rules, signed by either party. It shall
contain a statement of the matter in dispute, the amount of money
involved, the remedy sought, and the hearing locale requested,
together with the appropriate administrative fee as provided in the
Administrative Fee Schedule of the AAA in effect at the time the
arbitration is filed. The filing party shall notify the MOD Director
in writing within 14 days of when it files for arbitration and
provide the MOD Director with the date of receipt of the bill by the
part manufacturer.
Unless the AAA in its discretion determines otherwise and no
party disagrees, the Expedited Procedures (as described in Part E of
these Rules) shall be applied in any case where no disclosed claim
or counterclaim exceeds $32,500, exclusive of interest and
arbitration costs. Parties may also agree to the Expedited
Procedures in cases involving claims in excess of $32,500.
All other cases, including those involving claims not in excess
of $32,500 where either party so desires, shall be administered in
accordance with Parts A through D of these Rules.

[[Page 54864]]

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

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

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

9. Section 86.004-16 is amended by revising paragraph (d) to read
as follows:
Sec. 86.004-16 Prohibition of defeat devices.

* * * * *
(d) For vehicle and engine designs designated by the Administrator
to be investigated for possible defeat devices:
(1) General. The manufacturer must show to the satisfaction of the
Administrator that the vehicle or engine design does not incorporate
strategies that reduce emission control effectiveness exhibited during
the applicable Federal emissions test procedures when the vehicle or
engine is operated under conditions which may reasonably be expected to
be encountered in normal operation and use, unless one of the specific
exceptions set forth in the definition of ``defeat device'' in Sec.
86.004-2 has been met.
(2) Information submissions required. The manufacturer will provide
an explanation containing detailed information (including information
which the Administrator may request to be submitted) regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the applicable Federal emission
test procedure.
10. Section 86.004-26 is amended by revising paragraph (c)(4) to
read as follows:
Sec. 86.004-26 Mileage and service accumulation; emission measurements.

* * * * *
(c) * * *
(4) The manufacturer shall determine, for each engine family, the
number of hours at which the engine system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate 125
hours on each test engine within an engine family without making a
determination. Any engine used to represent emission-data engine
selections under Sec. 86.094-24(b)(2) shall be equipped with an engine
system combination that has accumulated at least the number of hours
determined under this paragraph. Complete exhaust emission tests shall
be conducted for each emission-data engine selection under Sec.
86.094-24(b)(2). Evaporative emission controls must be connected, as
described in 40 CFR part 1065, subpart F. The Administrator may
determine under Sec. 86.094-24(f) that no testing is required.
* * * * *
11. Section 86.007-11 is amended by revising paragraphs (a)(2) and
(a)(3)(i) and adding paragraph (g)(6) to read as follows:
Sec. 86.007-11 Emission standards and supplemental requirements for
2007 and later model year heavy-duty engines and vehicles.

* * * * *
(a) * * *
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the duty cycle specified in
paragraphs (a)(2)(i) through (iii) of this section, where exhaust
emissions are measured and calculated as specified in paragraphs
(a)(2)(iv) and (v) of this section in accordance with the procedures
set forth in 40 CFR part 1065, except as noted in Sec. 86.007-23(c)(2):
(i) Perform the test interval set forth in paragraph (f)(2) of
Appendix I of this part with a cold-start according to 40 CFR part
1065, subpart F. This is the cold-start test interval.
(ii) Shut down the engine after completing the test interval and
allow 20 minutes to elapse. This is the hot-soak.
(iii) Repeat the test interval. This is the hot-start test interval.
(iv) Calculate the total emission mass of each constituent, m, and
the total work, W, over each test interval according to 40 CFR 1065.650.
(v) Determine your engine's brake-specific emissions using the
following calculation, which weights the emissions from the cold-start
and hot-start test intervals:
[GRAPHIC]
[TIFF OMITTED]
TP10SE04.000

(3) * * *
(i) Exhaust emissions, as determined under Sec. 86.1360-2007(b)
pertaining to the supplemental emission test cycle, for each regulated
pollutant shall not exceed 1.0 times the applicable emission standards
or FELs specified in paragraph (a)(1) of this section.
* * * * *
(g) * * *
(6) Manufacturers may determine the number of engines and vehicles
that are allowed to certify to the NO_X plus NMHC standard in
Sec. 86.004-11 based on calendar years 2007, 2008, and 2009, rather
than model years 2007, 2008, and 2009.
* * * * *
12. Section 86.007-21 is amended by revising paragraph (o) to read
as follows:
Sec. 86.007-21 Application for certification.

* * * * *
(o) For diesel heavy-duty engines, the manufacturer must provide
the following additional information pertaining to the supplemental
emission test conducted under Sec. 86.1360-2007:
(1) Weighted brake-specific emissions data (i.e., in units of g/
bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for
which an emission standard is established in Sec. 86.004-11(a) or
subsequent sections;
(2) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), brake specific gaseous emission data for each of the 12
non-idle test points (identified under Sec. 86.1360-2007(b)(1)) and
the 3 EPA-selected test points (identified under Sec. 86.1360-2007(b)(2));
(3) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), concentrations and mass flow rates of all regulated
gaseous emissions plus carbon dioxide;
(4) Values of all emission-related engine control variables at each
test point;
(5) Weighted break-specific particulate matter (i.e., in units of
g/bhp-hr);
(6) A statement that the test results correspond to the test engine
selection criteria in 40 CFR 1065.401. The manufacturer also must
maintain records at the manufacturer's facility which contain all test
data, engineering analyses, and other information which provides the
basis for this statement, where such information exists. The
manufacturer must provide such

[[Page 54865]]

information to the Administrator upon request;
(7) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), a statement that the engines will comply with the
weighted average emissions standard and interpolated values comply with
the Maximum Allowable Emission Limits specified in Sec. 86.007-
11(a)(3) for the useful life of the engine where applicable. The
manufacturer also must maintain records at the manufacturer's facility
which contain a detailed description of all test data, engineering
analyses, and other information which provides the basis for this
statement, where such information exists. The manufacturer must provide
such information to the Administrator upon request.
* * * * *

PART 86--[AMENDED]

13. Part 86 is amended by removing the first Sec. 86.008-10, which
was added on October 6, 2000.
14. Section 86.084-2 is amended by revising the definition for
``Curb-idle'' to read as follows:
Sec. 86.084-2 Definitions.

* * * * *
Curb-idle means:
(1) For manual transmission code light-duty trucks, the engine
speed with the transmission in neutral or with the clutch disengaged
and with the air conditioning system, if present, turned off. For
automatic transmission code light-duty trucks, curb-idle means the
engine speed with the automatic transmission in the Park position (or
Neutral position if there is no Park position), and with the air
conditioning system, if present, turned off.
(2) For manual transmission code heavy-duty engines, the
manufacturer's recommended engine speed with the clutch disengaged. For
automatic transmission code heavy-duty engines, curb idle means the
manufacturer's recommended engine speed with the automatic transmission
in gear and the output shaft stalled. (Measured idle speed may be used
in lieu of curb-idle speed for the emission tests when the difference
between measured idle speed and curb idle speed is sufficient to cause
a void test under 40 CFR 1065.530 but not sufficient to permit
adjustment in accordance with 40 CFR part 1065, subpart E.
* * * * *
15. Section 86.096-38 is amended by revising paragraph (g)(19)(iii)
to read as follows:

Sec. 86.096-38 Maintenance instructions.

* * * * *
(g) * * *
(19) * * *
(iii) Any person who violates a provision of this paragraph (g)
shall be subject to a civil penalty of not more than $32,500 per day
for each violation. This maximum penalty is shown for calendar year
2004. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
16. Section 86.121-90 is amended by revising paragraph (d)
introductory text to read as follows:

Sec. 86.121-90 Hydrocarbon analyzer calibration.

* * * * *
(d) FID response factor to methane. When the FID analyzer is to be
used for the analysis of gasoline, diesel, methanol, ethanol, liquefied
petroleum gas, and natural gas-fueled vehicle hydrocarbon samples, the
methane response factor of the analyzer must be established. To
determine the total hydrocarbon FID response to methane, known methane
in air concentrations traceable to the National Institute of Standards
and Technology (NIST) must be analyzed by the FID. Several methane
concentrations must be analyzed by the FID in the range of
concentrations in the exhaust sample. The total hydrocarbon FID
response to methane is calculated as follows:

r_CH4 = FIDppm/SAMppm

Where:
* * * * *
17. Section 86.144-94 is amended by revising paragraph (c)(8)(vi)
to read as follows:

Sec. 86.144-94 Calculations; exhaust emissions.

* * * * *
(c) * * *
(8) * * *
(vi) r_CH4 = HC FID response to methane as measured in
Sec. 86.121(d).
* * * * *
18. Section 86.158-00 is amended by revising the introductory text
to read as follows:

Sec. 86.158-00 Supplemental Federal Test Procedures; overview.

The procedures described in Sec. Sec. 86.158-00, 86.159-00,
86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air
conditioning (SC03) elements of the Supplemental Federal Test
Procedures (SFTP). These test procedures consist of two separable test
elements: A sequence of vehicle operation that tests exhaust emissions
with a driving schedule (US06) that tests exhaust emissions under high
speeds and accelerations (aggressive driving); and a sequence of
vehicle operation that tests exhaust emissions with a driving schedule
(SC03) which includes the impacts of actual air conditioning operation.
These test procedures (and the associated standards set forth in
subpart S of this part) are applicable to light-duty vehicles and
light-duty trucks.
* * * * *
19. Section 86.159-00 is amended by revising paragraph (f)(2)(ix)
to read as follows:

Sec. 86.159-00 Exhaust emission test procedure for US06 emissions.

* * * * *
(f) * * *
(2) * * *
(ix) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
20. Section 86.160-00 is amended by revising the first sentence of
paragraph (a), and paragraphs (c)(10), (c)(12), (d)(10), and (d)(13) to
read as follows:

Sec. 86.160-00 Exhaust emission test procedure for SC03 emissions.

(a) Overview. The dynamometer operation consists of a single, 600
second test on the SC03 driving schedule, as described in appendix I,
paragraph (h), of this part. * * *
* * * * *
(c) * * *
(10) Eighteen seconds after the engine starts, begin the initial
vehicle acceleration of the driving schedule.
* * * * *
(12) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
(d) * * *
(10) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
(13) Immediately after the end of the sample period, turn off the
cooling fan, disconnect the exhaust tube from the vehicle tailpipe(s),
and drive the vehicle from dynamometer.
* * * * *
21. Section 86.161-00 is amended by revising paragraph (b)(1) to
read as follows:

[[Page 54866]]
Sec. 86.161-00 Air conditioning environmental test facility ambient
requirements.

* * * * *
(b) * * *
(1) Ambient humidity is controlled, within the test cell, during
all phases of the air conditioning test sequence to an average of 100
+/-5 grains of water/pound of dry air.
* * * * *
22. Section 86.164-00 is amended by revising paragraph (c)(1)(i)
introductory text to read as follows:

Sec. 86.164-00 Supplemental federal test procedure calculations.

* * * * *
(c)(1) * * *
(i) Y_WSFTP = 0.35(Y_FTP) + 0.37(Y_SC03)
+ 0.28(Y_US06)

Where:
* * * * *
23. A new Sec. 86.413-2006 is added to read as follows:

Sec. 86.413-2006 Labeling.

(a)(1) The manufacturer of any motorcycle shall, at the time of
manufacture, affix a permanent, legible label, of the type and in the
manner described below, containing the information hereinafter
provided, to all production models of such vehicles available for sale
to the public and covered by a certificate of conformity.
(2) A permanent, legible label shall be affixed in a readily
accessible position. Multi-part labels may be used.
(3) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label, and shall not be affixed to any part which is easily detached
from the vehicle or is likely to be replaced during the useful life of
the vehicle.
(4) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(i) The label heading shall read: ``Vehicle Emission Control
Information'';
(ii) Full corporate name and trademark of the manufacturer;
(iii) Engine displacement (in cubic centimeters or liters) and
engine family identification;
(iv) Engine tuneup specifications and adjustments, as recommended
by the manufacturer, including, if applicable: idle speed, ignition
timing, and the idle air-fuel mixture setting procedure and value
(e.g., idle CO, idle air-fuel ratio, idle speed drop). These
specifications shall indicate the proper transmission position during
tuneup, and which accessories should be in operation and which systems
should be disconnected during a tuneup;
(v) Any specific fuel or engine lubricant requirements (e.g., lead
content, research octane number, engine lubricant type);
(vi) Identification of the exhaust emission control system, using
abbreviations in accordance with SAE J1930, June 1993, including the
following abbreviations for items commonly appearing on motorcycles:

OC Oxidation catalyst;
TWC Three-way catalyst;
AIR Secondary air injection (pump);
PAIR Pulsed secondary air injection
DFI Direct fuel injection;
O2S Oxygen sensor;
HO2S Heated oxygen sensor;
EM Engine modification;
CFI Continuous fuel injection;
MFI Multi-port (electronic) fuel injection; and
TBI Throttle body (electronic) fuel injection.

(viii) An unconditional statement of conformity to U.S. EPA
regulations which includes the model year; for example, ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to ------ Model Year New
Motorcycles'' (the blank is to be filled in with the appropriate model
year). For all Class III motorcycles and for Class I and Class II
motorcycles demonstrating compliance with the averaging provisions in
40 CFR 86.449 the statement must also include the phrase ``is certified
to an HC+NO_X emission standard of ------ grams/mile'' (the
blank is to be filled in with the Family Emission Limit determined by
the manufacturer).
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle conforms to any other
applicable Federal or State standards for new motorcycles or any other
information that such manufacturer deems necessary for, or useful to,
the proper operation and satisfactory maintenance of the vehicle.
24. Section 86.447-2006 is revised to read as follows:

Sec. 86.447-2006 What provisions apply to motorcycle engines below 50
cc that are certified under the Small SI program or the Recreational-
vehicle program?

(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce into commerce a new highway motorcycle
(that is, a motorcycle that is a motor vehicle) if it has an engine
below 50 cc that is already certified to the requirements that apply to
engines or vehicles under 40 CFR part 90 or 1051 for the appropriate
model year. If you comply with all the provisions of this section, we
consider the certificate issued under 40 CFR part 90 or 1051 for each
engine or vehicle to also be a valid certificate of conformity under
this part 86 for its model year, without a separate application for
certification under the requirements of this part 86. See Sec. 86.448-
2006 for similar provisions that apply to vehicles that are certified
to chassis-based standards under 40 CFR part 1051.
(b) Vehicle-manufacturer provisions. If you are not an engine
manufacturer, you may produce highway motorcycles using nonroad engines
below 50 cc under this section as long as the engine has been properly
labeled as specified in paragraph (d)(5) of this section and you do not
make any of the changes described in paragraph (d)(2) of this section.
If you modify the nonroad engine in any of the ways described in
paragraph (d)(2) of this section for installation in a highway
motorcycle, we will consider you a manufacturer of a new highway
motorcycle. Such engine modifications prevent you from using the
provisions of this section.
(c) Liability. Engines for which you meet the requirements of this
section, and vehicles containing these engines, are exempt from all the
requirements and prohibitions of this part, except for those specified
in this section. Engines and vehicles exempted under this section must
meet all the applicable requirements from 40 CFR part 90 or 1051. This
applies to engine manufacturers, vehicle manufacturers who use these
engines, and all other persons as if these engines were used in
recreational vehicles or other nonroad applications. The prohibited
acts of 40 CFR part 85 apply to these new highway motorcycles; however,
we consider the certificate issued under 40 CFR part 90 or 1051 for
each engine to also be a valid certificate of conformity under this
part 86 for its model year. If we make a determination that these
engines do not conform to the regulations during their useful life, we
may require you to recall them under 40 CFR part 86, 90, or 1068.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
engine, the highway motorcycle is eligible for an exemption under this
section:
(1) Your engine must be below 50 cc and must be covered by a valid
certificate of conformity for Class II engines issued under 40 CFR part
90 or

[[Page 54867]]

for recreational vehicles under 40 CFR part 1051.
(2) You must not make any changes to the certified engine that
could reasonably be expected to increase its exhaust emissions for any
pollutant, or its evaporative emissions, if applicable. For example, if
you make any of the following changes to one of these engines, you do
not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from
the certified configuration.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original engine
manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in highway
motorcycles, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
(4) You must ensure that the engine has the label we require under
40 CFR part 90 or 1051.
(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: ``HIGHWAY MOTORCYCLE ENGINE EMISSION
CONTROL INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT
AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished installation (month and year), if
applicable.
(6) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the engine models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produce each listed engine model for nonroad
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1048.605.''.
(e) Failure to comply. If your highway motorcycles do not meet the
criteria listed in paragraph (d) of this section, they will be subject
to the standards, requirements, and prohibitions of this part 86 and
the certificate issued under 40 CFR part 90 or 1051 will not be deemed
to also be a certificate issued under this part 86. Introducing these
engines into commerce without a valid exemption or certificate of
conformity under this part violates the prohibitions in 40 CFR part 85.
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Engines
adapted for recreational use under this section may not generate or use
emission credits under this part 86. These engines may generate credits
under the ABT provisions in 40 CFR part 90 or 1051. These engines must
use emission credits under 40 CFR part 90 or 1051 if they are certified
to an FEL that exceeds an applicable standard.
25. Section 86.448-2006 is revised to read as follows:

Sec. 86.448-2006 What provisions apply to vehicles certified under
the Recreational-vehicle program?

(a) General provisions. If you are a highway-motorcycle
manufacturer, this section allows you to introduce into commerce a new
highway motorcycle with an engine below 50 cc if it is already
certified to the requirements that apply to recreational vehicles under
40 CFR parts 1051. A highway motorcycle is a motorcycle that is a motor
vehicle. If you comply with all of the provisions of this section, we
consider the certificate issued under 40 CFR part 1051 for each
recreational vehicle to also be a valid certificate of conformity for
the motor vehicle under this part 86 for its model year, without a
separate application for certification under the requirements of this
part 86. See Sec. 86.447-2006 for similar provisions that apply to
nonroad engines produced for highway motorcycles.
(b) Nonrecreational-vehicle provisions. If you are not a
recreational-vehicle manufacturer, you may produce highway motorcycles
from recreational vehicles with engines below 50 cc under this section
as long as the highway motorcycle has the labels specified in paragraph
(d)(5) of this section and you do not make any of the changes described
in paragraph (d)(2) of this section. If you modify the recreational
vehicle or its engine in any of the ways described in paragraph (d)(2)
of this section for installation in a highway motorcycle, we will
consider you a manufacturer of a new highway motorcycle. Such
modifications prevent you from using the provisions of this section.
(c) Liability. Vehicles for which you meet the requirements of this
section are exempt from all the requirements and prohibitions of this
part, except for those specified in this section. Engines and vehicles
exempted under this section must meet all the applicable requirements
from 40 CFR part 1051. This applies to engine manufacturers, vehicle
manufacturers, and all other persons as if the highway motorcycles were
recreational vehicles. The prohibited acts of 40 CFR part 85 apply to
these new highway motorcycles; however, we consider the certificate
issued under 40 CFR part 1051 for each recreational vehicle to also be
a valid certificate of conformity for the highway motorcycle under this
part 86 for its model year. If we make a determination that these
engines or vehicles do not conform to the regulations during their
useful life, we may require you to recall them under 40 CFR part 86 or
40 CFR 1068.505.
(d) Specific requirements. If you are a recreational-vehicle
manufacturer and meet all the following criteria and requirements
regarding your new highway motorcycle and its engine, the highway
motorcycle is eligible for an exemption under this section:
(1) Your motorcycle must have an engine below 50 cc and it must be
covered by a valid certificate of conformity as a recreational vehicle
issued under 40 CFR part 1051.
(2) You must not make any changes to the certified recreational
vehicle that we could reasonably expect to increase its exhaust
emissions for any pollutant, or its evaporative emissions if it is
subject to evaporative-emission standards. For example, if you make any
of the following changes, you do not qualify for this exemption:
(i) Change any fuel system parameters from the certified
configuration.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the vehicle
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that temperatures or

[[Page 54868]]

heat rejection rates are outside the original vehicle manufacturer's
specified ranges.
(3) You must show that fewer than 50 percent of the total sales as
a highway motorcycle or a recreational vehicle, from all companies, are
used in highway motorcycles, as follows:
(i) If you are the original manufacturer of the vehicle, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the vehicle to confirm this based on their sales information.
(4) The highway motorcycle must have the vehicle emission control
information we require under 40 CFR part 1051.
(5) You must add a permanent supplemental label to the highway
motorcycle in a position where it will remain clearly visible. In the
supplemental label, do the following:
(i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION
CONTROL INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT
AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished modifying the vehicle (month and
year), if applicable.
(6) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the highway motorcycle models you expect to produce under
this exemption in the coming year.
(iii) State: ``We produced each listed highway motorcycle without
making any changes that could increase its certified emission levels,
as described in 40 CFR 86.448-2006.''.
(e) Failure to comply. If your highway motorcycles do not meet the
criteria listed in paragraph (d) of this section, they will be subject
to the standards, requirements, and prohibitions of this part 86 and 40
CFR part 85, and the certificate issued under 40 CFR part 1051 will not
be deemed to also be a certificate issued under this part 86.
Introducing these motorcycles into commerce without a valid exemption
or certificate of conformity under this part violates the prohibitions
in 40 CFR part 85.
(f) Data submission. We may require you to send us emission test
data on the duty cycle for Class I motorcycles.
(g) Participation in averaging, banking and trading. Recreational
vehicles adapted for use as highway motorcycles under this section may
not generate or use emission credits under this part 86. These engines
may generate credits under the ABT provisions in 40 CFR part 1051.
These engines must use emission credits under 40 CFR part 1051 if they
are certified to an FEL that exceeds an applicable standard.
25a. In Sec. 86.513-2004, Table 1 in paragraph (a)(1) is amended
to read as follows:

Sec. 86.513-2004 Fuel and engine lubricant specifications.

* * * * *
(a) * * *
(1) * * *

Table 1 of Sec. 86.513-2004.--Gasoline Test Fuel Specifications
----------------------------------------------------------------------------------------------------------------
Item Procedure Value
----------------------------------------------------------------------------------------------------------------
Distillation Range:
1. Initial boiling point, [deg]C..... ASTM D 86-97.................... \1\ 23.9-35.0
2. 10% point, [deg]C................. ASTM D 86-97.................... 48.9-57.2
3. 50% point, [deg]C................. ASTM D 86-97.................... 93.3-110.0
4. 90% point, [deg]C................. ASTM D 86-97.................... 148.9-162.8
5. End point, [deg]C................. ASTM D 86-97.................... 212.8
Hydrocarbon composition:
1. Olefins, volume %................. ASTM D 1319-98.................. 10 maximum.
2. Aromatics, volume %............... ASTM D 1319-98.................. 35 maximum.
3. Saturates......................... ASTM D 1319-98.................. Remainder.
Lead (organic), g/liter.............. ASTM D 3237..................... 0.013 maximum.
Phosphorous, g/liter................. ASTM D 3231..................... 0.0013 maximum.
Sulfur, weight %..................... ASTM D 1266..................... 0.008 maximum.
Volatility (Reid Vapor Pressure), kPa ASTM D 323...................... \1\ 55.2 to 63.4.
----------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m, the specified volatility range is 52 to 55 kPa and the specified
initial boiling point range is (23.9 to 40.6) [deg]C.

* * * * *
26. Section 86.884-8 is amended by revising paragraph (c)
introductory text to read as follows:

Sec. 86.884-8 Dynamometer and engine equipment.

* * * * *
(c) An exhaust system with an appropriate type of smokemeter placed
10 to 32 feet from the exhaust manifold(s), turbocharger outlet(s),
exhaust aftertreatment device(s), or crossover junction (on Vee
engines), whichever is farthest downstream. The smoke exhaust system
shall present an exhaust backpressure within +0.2 inch Hg of the upper
limit at maximum rated horsepower, as established by the engine
manufacturer in his sales and service literature for vehicle
application. The following options may also be used:
* * * * *
27. Section 86.884-10 is amended by revising paragraph (a)
introductory text to read as follows:

Sec. 86.884-10 Information.

* * * * *
(a) Engine description and specifications. A copy of the
information specified in this paragraph must accompany each engine sent
to the Administrator for compliance testing. If the engine is submitted
to the Administrator for testing under subpart N of this part or 40 CFR
part 1065, only the specified information need accompany the engine.
The manufacturer need not record the information specified in this
paragraph for each test if the information, with the exception of
paragraphs (a)(3), (a)(12), and (a)(13) of this section, is included in
the manufacturer's part I.
* * * * *
28. Section 86.884-12 is amended by revising paragraph (c)(2) to
read as follows:

[[Page 54869]]
Sec. 86.884-12 Test run.

* * * * *
(c) * * *
(2) Warm up the engine by the procedure described in 40 CFR 1065.530.
* * * * *
29. Section 86.1005-90 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:

Sec. 86.1005-90 Maintenance of records; submittal of information.

(a) * * *
(1) * * *
(i) If testing heavy-duty gasoline-fueled or methanol-fueled Otto-
cycle engines, the equipment requirements specified in 40 CFR part
1065, subparts B and C;
(ii) If testing heavy-duty petroleum-fueled or methanol-fueled
diesel engines, the equipment requirements specified in 40 CFR part
1065, subparts B and C;
* * * * *
(2) * * *
(vi) * * *
(A) If testing gasoline-fueled or methanol-fueled Otto-cycle heavy-
duty engines, the record requirements specified in 40 CFR 1065.695;
(B) If testing petroleum-fueled or methanol-fueled diesel heavy-
duty engines, the record requirements specified in 40 CFR 1065.695;
* * * * *
30. Section 86.1108-87 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:

Sec. 86.1108-87 Maintenance of records.

(a) * * *
(1) * * *
(i) If testing heavy-duty gasoline engines, the equipment
requirements specified in 40 CFR part 1065, subparts B and C;
(ii) If testing heavy-duty diesel engines, the equipment
requirements specified in 40 CFR part 1065, subparts B and C;
* * * * *
(2) * * *
(vi) * * *
(A) If testing heavy-duty gasoline engines, the record requirements
specified in 40 CFR 1065.695;
(B) If testing heavy-duty diesel engines, the record requirements
specified in 40 CFR 1065.695;
* * * * *
30a. A new Sec. 86.1213-08 is added to read as follows:

Sec. 86.1213-08 Fuel specifications.

The test fuels listed in 40 CFR part 1065, subpart H, shall be used
for evaporative emission testing.
31. Section 86.1301-90 is redesignated as Sec. 86.1301 and revised
to read as follows:

Sec. 86.1301 Scope; applicability.

This subpart specifies gaseous emission test procedures for Otto-
cycle and diesel heavy-duty engines, and particulate emission test
procedures for diesel heavy-duty engines, as follows:
(a) For model years 1990 through 2003, manufacturers must use the
test procedures specified in Sec. 86.1305-90.
(b) For model years 2004 and 2005, manufacturers must use the test
procedures specified in Sec. 86.1305-2004.
(c) For model years 2006 and 2007, manufacturers may use the test
procedures specified in Sec. 86.1305-2004 or Sec. 86.1305-2008.
(d) For model years 2008 and later, manufacturers must use the test
procedures specified in Sec. 86.1305-2008.
(e) As allowed under subpart A of this part, manufacturers may use
carryover data from previous model years to demonstrate compliance with
emission standards, without regard to the provisions of this section.
32. Section 86.1304-90 is redesignated as Sec. 86.1304 and amended
by revising paragraph (a) to read as follows:

Sec. 86.1304 Section numbering; construction.

(a) Section numbering. The model year of initial applicability is
indicated by the section number. The digits following the hyphen
designate the first model year for which a section is applicable. The
section continues to apply to subsequent model years unless a later
model year section is adopted. (Example: Sec. 86.13xx-2004 applies to
the 2004 and subsequent model years. If a Sec. 86.13xx-2007 is
promulgated it would apply beginning with the 2007 model year; Sec.
86.13xx-2004 would apply to model years 2004 through 2006.)
* * * * *
14. A new Sec. 86.1305-2008 is added to read as follows:

Sec. 86.1305-2008 Introduction; structure of subpart.

(a) This subpart specifies the equipment and procedures for
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards
and general testing requirements to comply with EPA certification
procedures.
(b) Use the applicable equipment and procedures for spark-ignition
or compression-ignition engines in 40 CFR part 1065 to determine
whether engines meet the duty-cycle emission standards in subpart A of
this part. Measure the emissions of all regulated pollutants as
specified in 40 CFR part 1065. Note that we generally do not allow
partial-flow sampling for measuring PM emissions on a laboratory
dynamometer for transient testing. Use the duty cycles and procedures
specified in Sec. 86.1358-2007, Sec. 86.1360-2007, and Sec. 86.1362-
2007. Adjust emission results from engines using aftertreatment
technology with infrequent regeneration events as described in Sec.
86.004-28.
(c) The provisions in Sec. 86.1370-2007 and Sec. 86.1372-2007
apply for determining whether an engine meets the applicable not-to-
exceed emission standards.
(d) Measure smoke using the procedures in subpart I of this part
for evaluating whether engines meet the smoke standards in subpart A of
this part.
(e) Use the fuels specified in 40 CFR part 1065 to perform valid
tests, as follows:
(1) For service accumulation, use the test fuel or any commercially
available fuel that is representative of the fuel that in-use engines
will use.
(2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel
specified in 40 CFR part 1065 for emission testing.
(f) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10.
(g) This subpart is addressed to you as a manufacturer, but it
applies equally to anyone who does testing for you.
33. Section 86.1321-90 is amended by revising paragraph (a)(3)(ii)
to read as follows:

Sec. 86.1321-90 Hydrocarbon analyzer calibration.

* * * * *
(a) * * *
(3) * * *
(ii) The HFID optimization procedures outlined in Sec. 86.331-79(c).
* * * * *
34. Section 86.1321-94 is amended by revising paragraph (a)(3)(ii)
to read as follows:

Sec. 86.1321-94 Hydrocarbon analyzer calibration.

* * * * *
(a) * * *
(3) * * *
(ii) The procedure listed in Sec. 86.331-79(c).
* * * * *
35. Section 86.1360-2007 is amended by revising paragraph (b),
removing and reserving paragraphs (c) and (e), and

[[Page 54870]]

removing paragraphs (h), and (i) to read as follows:

Sec. 86.1360-2007 Supplemental emission test; test cycle and procedures.

* * * * *
(b) Test cycle. (1) Perform testing as described in Sec. 86.1362-
2007 for determining whether an engine meets the applicable standards
when measured over the supplemental emission test.
(2) For engines not certified to a NO_X standard or FEL
less than 1.5 g/bhp-hr, EPA may select, and require the manufacturer to
conduct the test using, up to three discrete test points within the
control area defined in paragraph (d) of this section. EPA will notify
the manufacturer of these supplemental test points in writing in a
timely manner before the test. Emission sampling for these discrete
test modes must include all regulated pollutants except particulate matter.
* * * * *
35a. A new Sec. 86.1362-2007 is added to read as follows:

Sec. 86.1362-2007 How do I measure emissions using ramped-modal
procedures?

This section describes how to test engines under steady-state
conditions.
(a) Perform steady-state testing with ramped-modal cycles. Start
sampling at the beginning of the first mode and continue sampling until
the end of the last mode. Calculate emissions as described in 40 CFR
1065.650 and cycle statistics as described in 40 CFR 1065.514.
(b) Measure emissions by testing the engine on a dynamometer with
the following duty cycle to determine whether it meets the applicable
steady-state emission standards:

----------------------------------------------------------------------------------------------------------------
Time in mode
RMC mode (seconds) Engine speed 1, 2 Torque (percent) 2, 3
----------------------------------------------------------------------------------------------------------------
1a Steady-state.................. 170 Warm Idle................ 0
1b Transition.................... 20 Linear Transition........ Linear Transition
2a Steady-state.................. 170 A........................ 100
2b Transition.................... 20 A........................ Linear Transition.
3a Steady-state.................. 102 A........................ 25
3b Transition.................... 20 A........................ Linear Transition.
4a Steady-state.................. 100 A........................ 75
4b Transition.................... 20 A........................ Linear Transition.
5a Steady-state.................. 103 A........................ 50
5b Transition.................... 20 Linear Transition........ Linear Transition.
6a Steady-state.................. 194 B........................ 100
6b Transition.................... 20 B........................ Linear Transition.
7a Steady-state.................. 219 B........................ 25
7b Transition.................... 20 B........................ Linear Transition.
8a Steady-state.................. 220 B........................ 75
8b Transition.................... 20 B........................ Linear Transition.
9a Steady-state.................. 219 B........................ 50
9b Transition.................... 20 Linear Transition........ Linear Transition.
10a Steady-state................. 171 C........................ 100
10b Transition................... 20 C........................ Linear Transition.
11a Steady-state................. 102 C........................ 25
11b Transition................... 20 C........................ Linear Transition.
12a Steady-state................. 100 C........................ 75
12b Transition................... 20 C........................ Linear Transition.
13a Steady-state................. 102 C........................ 50
13b Transition................... 20 Linear Transition........ Linear Transition.
14 Steady-state.................. 168 Warm Idle................ 0
----------------------------------------------------------------------------------------------------------------
1 Speed terms are defined in 40 CFR part 1065.
2 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a
linear progression from the speed or torque setting of the current mode to the speed or torque setting of the
next mode.
3 The percent torque is relative to maximum torque at the commanded engine speed.

(c) During idle mode, operate the engine with the following
parameters:
(1) Hold the speed within your specifications.
(2) Set the engine to operate at its minimum fueling rate.
(3) Keep engine torque under 5 percent of maximum test torque.
(d) For full-load operating modes, operate the engine at its
maximum fueling rate.
(e) See 40 CFR part 1065 for detailed specifications of tolerances
and calculations.
(f) Perform the ramped-modal test with a warmed-up engine. If the
ramped-modal test follows directly after testing over the Federal Test
Procedure, consider the engine warm. Otherwise, operate the engine to
warm it up as described in 40 CFR part 1065, subpart F.
36. Section 86.1509-84 is amended by revising paragraphs (c) and
(d) to read as follows:

Sec. 86.1509-84 Exhaust gas sampling system.

* * * * *
(c) A CVS sampling system with bag or continuous analysis as
specified in 40 CFR part 1065 is permitted as applicable. The inclusion
of an additional raw carbon dioxide (CO₂) analyzer as
specified in 40 CFR part 1065 is required if the CVS system is used, in
order to accurately determine the CVS dilution factor. The heated
sample line specified in 40 CFR part 1065 for raw emission requirements
is not required for the raw CO₂ measurement.
(d) A raw exhaust sampling system as specified in 40 CFR part 1065
is permitted.
37. Section 86.1511-84 is amended by revising paragraphs (a)(1) and
(b) to read as follows:

Sec. 86.1511-84 Exhaust gas analysis system.

(a) * * *

[[Page 54871]]

(1) The analyzer used shall conform to the accuracy provisions of
40 CFR part 1065, subparts C, D, and F.
* * * * *
(b) The inclusion of a raw CO₂ analyzer as specified in
40 CFR part 1065 is required in order to accurately determine the CVS
dilution factor.
38. Section 86.1513-90 is revised to read as follows:

Sec. 86.1513-90 Fuel specifications.

The requirements of this section are set forth in Sec. 86.1313-94
for heavy-duty engines, and in Sec. 86.113-90(a) for light-duty
trucks.
39. Section 86.1513-94 is revised to read as follows:

Sec. 86.1513-94 Fuel specifications.

The requirements of this section are set forth in 40 CFR part 1065,
subpart H, for heavy-duty engines and in Sec. 86.113-94 for light-duty
trucks.
40. Section 86.1514-84 is amended by revising paragraphs (b) and
(c) to read as follows:

Sec. 86.1514-84 Analytical gases.

* * * * *
(b) If the raw CO sampling system specified in 40 CFR part 1065 is
used, the analytical gases specified in 40 CFR part 1065, subpart H,
shall be used.
(c) If a CVS sampling system is used, the analytical gases
specified in 40 CFR part 1065, subpart H, shall be used.
41. Section 86.1519-84 is revised to read as follows:

Sec. 86.1519-84 CVS calibration.

If the CVS system is used for sampling during the idle emission
test, the calibration instructions are specified in 40 CFR part 1065,
subpart D, for heavy-duty engines, and Sec. 86.119-78 for light-duty
trucks.
42. Section 86.1524-84 is revised to read as follows:

Sec. 86.1524-84 Carbon dioxide analyzer calibration.

(a) The calibration requirements for the dilute-sample
CO₂ analyzer are specified in 40 CFR part 1065, subpart D,
for heavy-duty engines and Sec. 86.124-78 for light-duty trucks.
(b) The calibration requirements for the raw CO₂
analyzer are specified in 40 CFR part 1065, subpart D.
43. Section 86.1530-84 is amended by revising paragraph (b) to read
as follows:

Sec. 86.1530-84 Test sequence; general requirements.

* * * * *
(b) Ambient test cell conditions during the test shall be those
specified in Sec. 86.130-78 or 40 CFR part 1065, subpart F.
44. Section 86.1537-84 is amended by revising paragraphs (c),
(e)(6), and (f) to read as follows:

Sec. 86.1537-84 Idle test run.

* * * * *
(c) Achieve normal engine operating condition. The transient engine
or chassis dynamometer test is an acceptable technique for warm-up to
normal operating condition for the idle test. If the emission test is
not performed prior to the idle emission test, a heavy-duty engine may
be warmed-up according to 40 CFR part 1065, subpart F. A light-duty
truck may be warmed up by operation through one Urban Dynamometer
Driving Schedule test procedure (see Sec. 86.115-78 and appendix I to
this part).
* * * * *
(e) * * *
(6) For bag sampling, sample idle emissions long enough to obtain a
sufficient bag sample, but in no case shorter than 60 seconds nor
longer than 6 minutes. Follow the sampling and exhaust measurements
requirements of 40 CFR part 1065, subpart F, for conducting the raw
CO₂ measurement.
* * * * *
(f) If the raw exhaust sampling and analysis technique specified in
40 CFR part 1065 is used, the following procedures apply:
(1) Warm up the engine or vehicle per paragraphs (c) and (d) of
this section. Operate the engine or vehicle at the conditions specified
in paragraph (e)(4) of this section.
(2) Follow the sampling and exhaust measurement requirements of 40
CFR part 1065, subpart F. The idle sample shall be taken for 60 seconds
minimum, and no more than 64 seconds. The chart reading procedures of
40 CFR part 1065, subpart F, shall be used to determine the analyzer
response.
* * * * *
45. Section 86.1540-84 is amended by revising paragraphs (b) and
(c) to read as follows:

Sec. 86.1540-84 Idle exhaust sample analysis.

* * * * *
(b) If the CVS sampling system is used, the analysis procedures for
dilute CO and CO₂ specified in 40 CFR part 1065 apply.
Follow the raw CO₂ analysis procedure specified in 40 CFR
part 1065, subpart F, for the raw CO₂ analyzer.
(c) If the continuous raw exhaust sampling technique specified in
40 CFR part 1065 is used, the analysis procedures for CO specified in
40 CFR part 1065, subpart F, apply.
46. Section 86.1542-84 is amended by revising paragraph (a)
introductory text to read as follows:

Sec. 86.1542-84 Information required.

(a) General data--heavy-duty engines. Information shall be recorded
for each idle emission test as specified in 40 CFR part 1065, subpart
G. The following test data are required:
* * * * *
47. Section 86.1544-84 is amended by revising paragraphs (b)(1),
(b)(2), and (c) to read as follows:

Sec. 86.1544-84 Calculation; idle exhaust emissions.

* * * * *
(b) * * *
(1) Use the procedures, as applicable, in 40 CFR 1065.650 to
determine the dilute wet-basis CO and CO₂ in percent.
(2) Use the procedure, as applicable, in 40 CFR 1065.650 to
determine the raw dry-basis CO₂ in percent.
* * * * *
(c) If the raw exhaust sampling and analysis system specified in 40
CFR part 1065 is used, the percent for carbon monoxide on a dry basis
shall be calculated using the procedure, as applicable, in 40 CFR 1065.650.
48. Section 86.1708-99 is amended by revising Tables R99-5 and R99-
6 to read as follows:

Sec. 86.1708-99 Exhaust emission standards for 1999 and later light-
duty vehicles.

* * * * *
(c) * * *
(2) * * *

Table R99-5.--Intermediate Useful Life (50,000 Mile) In-Use Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Vehicle emission category Model year NMOG CO NOX HCHO
----------------------------------------------------------------------------------------------------------------
LEV........................... 1999............ 0.100 3.4 0.3 0.015
ULEV.......................... 1999-2002....... 0.055 2.1 0.3 0.008
----------------------------------------------------------------------------------------------------------------

[[Page 54872]]

Table R99-6.--Full Useful Life (100,000 Mile) In-Use Standards (g/mi) for Light-duty Vehicles
----------------------------------------------------------------------------------------------------------------
Vehicle emission category Model year NMOG CO NOX HCHO
----------------------------------------------------------------------------------------------------------------
LEV........................... 1999............ 0.125 4.2 0.4 0.018
ULEV.......................... 1999-2002....... 0.075 3.4 0.4 0.011
----------------------------------------------------------------------------------------------------------------

* * * * *
49. Section 86.1709-99 is amended by revising paragraph (c)(1)
introductory text and by revising Table R99-14.2, to read as follows:

Sec. 86.1709-99 Exhaust emission standards for 1999 and later light
light-duty trucks.

* * * * *
(c) * * *
(1) 1999 model year light light-duty trucks certified as LEVs and
1999 through 2002 model year light light-duty trucks certified as ULEVs
shall meet the applicable intermediate and full useful life in-use
standards in paragraph (c)(2) of this section, according to the
following provisions:
* * * * *
(e) * * *
(2) * * *

Table R99-14.2.--SFTP Exhaust Emission Standards (g/mi) for LEVs and ULEVs
----------------------------------------------------------------------------------------------------------------
US06 Test A/C Test
Loaded vehicle weight (lbs) ---------------------------------------------------------------
NMHC + NOX CO NMHC + NOX CO
----------------------------------------------------------------------------------------------------------------
0-3750.......................................... 0.14 8.0 0.20 2.7
3751-5750....................................... 0.25 10.5 0.27 3.5
----------------------------------------------------------------------------------------------------------------

* * * * *
50.Section 86.1710-99 is amended by revising paragraph (c)(8)
introductory text to read as follows:

Sec. 86.1710-99 Fleet average non-methane organic gas exhaust
emission standards for light-duty vehicles and light light-duty trucks.

* * * * *
(c) * * *
(8) Manufacturers may earn and bank credits in the NTR for model
years 1997 and 1998. In states without a Section 177 Program effective
in model year 1997 or 1998, such credits will be calculated as set
forth in paragraphs (a) and (b) of this section, except that the
applicable fleet average NMOG standard shall be 0.25 g/mi NMOG for the
averaging set for light light-duty trucks from 0-3750 lbs LVW and
light-duty vehicles or 0.32 g/mi NMOG for the averaging set for light
light-duty trucks from 3751-5750 lbs LVW. In states that opt into
National LEV and have a Section 177 Program effective in model year
1997 or 1998, such credits will equal the unused credits earned in
those states.
* * * * *
51.Section 86.1711-99 is amended by revising the section heading
and paragraph (a) to read as follows:

Sec. 86.1711-99 Limitations on sale of Tier 1 vehicles and TLEVs.

(a) In the 2001 and subsequent model years, manufacturers may sell
Tier 1 vehicles and TLEVs in the NTR only if vehicles with the same
engine families are certified and offered for sale in California in the
same model year, except as provided under Sec. 86.1707(d)(4).
* * * * *
52. Section 86.1808-01 is amended by revising paragraph
(f)(19)(iii) to read as follows:

Sec. 86.1808-01 Maintenance instructions.

* * * * *
(f) * *
(19) * *
(iii) Any person who violates a provision of this paragraph (f)
shall be subject to a civil penalty of not more than $32,500 per day
for each violation. This maximum penalty is shown for calendar year
2004. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
53. Section 86.1811-04 is amended by revising Table SO4-2 in
paragraph (c)(6) to read as follows;

Sec. 86.1811-04 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.

* * * * *
(c) * * *
(6) * * *

Table S04-2.--Tier 2 and Interim Non-Tier 2 Intermediate Useful Life (50,000 Mile) Exhaust Mass Emission Standards (Grams per Mile)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bin No. NOX NMOG CO HCHO PM Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
11....................................... 0.6 0.195 5.0 0.022 .............. a c f h
10....................................... 0.4 0.125/0.160 3.4/4.4 0.015/0.018 .............. a b d f g h
9........................................ 0.2 0.075/0.140 3.4 0.015 .............. a b e f g h
8........................................ 0.14 0.100/0.125 3.4 0.015 .............. b f h i
7........................................ 0.11 0.075 3.4 0.015 .............. f h
6........................................ 0.08 0.075 3.4 0.015 .............. f h
5........................................ 0.05 0.075 3.4 0.015 .............. f h
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
a This bin deleted at end of 2006 model year (end of 2008 model year for HLDTs and MDPVs ).
b Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
c This bin is only for MDPVs.

[[Page 54873]]

d Optional NMOG standard of 0.195 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
e Optional NMOG standard of 0.100 g/mi applies for qualifying LDT2s only.
f The full useful life PM standards from Table S04-1 also apply at intermediate useful life.
g Intermediate life standards of this bin are optional for diesels.
h Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles.
i Higher NMOG standard deleted at end of 2008 model year.

* * * * *
22. In Appendix I to Part 86 paragraph (a) is amended by revising
the table entries for ``961'' and ``1345'', paragraph (b) is amended by
revising the table entries for ``363,'' ``405,'' ``453,'' ``491,''
``577,'' ``662,'' ``663,'' ``664,'' and ``932'', and paragraph (h) is
amended by adding table entries for ``595,'' ``596,'' ``597,'' ``598,''
``599,'' and ``600'' in numerical order to read as follows:

Appendix I to Part 86--Urban Dynamometer Schedules

(a) EPA Urban Dynamometer Driving Schedule for Light-Duty
Vehicles and Light-Duty Trucks.

EPA Urban Dynamometer Driving Schedule
[Speed versus time sequence]
------------------------------------------------------------------------
Speed
Time (sec.) (m.p.h.)
------------------------------------------------------------------------

* * * * *
961........................................................ 5.3

* * * * *
1345....................................................... 18.3

* * * * *
------------------------------------------------------------------------

(b) EPA Urban Dynamometer Driving Schedule for Light-Duty
Vehicles, Light-Duty Trucks, and Motorcycles with engine
displacements equal to or greater than 170 cc (10.4 cu. in.).

Speed Versus Time Sequence
------------------------------------------------------------------------
Speed
Time (seconds) (kilometers
per hour)
------------------------------------------------------------------------

* * * * *
363........................................................ 52.8

* * * * *
405........................................................ 14.8

* * * * *
453........................................................ 31.9

* * * * *
491........................................................ 55.5

* * * * *
577........................................................ 27.4

* * * * *
662........................................................ 42.0
663........................................................ 42.2
664........................................................ 42.2

* * * * *
932........................................................ 40.2

* * * * *
------------------------------------------------------------------------

* * * * *
(h) EPA SC03 Driving Schedule for Light-Duty Vehicles and Light-
Duty Trucks.

EPA SC03 Driving Schedule
[Speed versus time sequence]
------------------------------------------------------------------------
Time (sec) Speed (mph)
------------------------------------------------------------------------

* * * * *
595........................................................ 0.0
596........................................................ 0.0
597........................................................ 0.0
598........................................................ 0.0
599........................................................ 0.0
600........................................................ 0.0
------------------------------------------------------------------------

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

54. The authority citation for part 89 is revised to read as follows:

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

55. Section 89.1 is amended by revising paragraph (b)(4)(ii) to
read as follows:

Sec. 89.1 Applicability.

* * * * *
(b) * *
(4) * *
(ii) Are exempted from the requirements of 40 CFR part 94 by
exemption provisions of 40 CFR part 94 other than those specified in 40
CFR 94.907 or 94.912.
* * * * *
56. Section 89.2 is amended by removing the definitions for
``Marine diesel engine'' and ``Vessel'', revising the definition of
``United States'', and adding definitions for ``Amphibious vehicle'',
``Marine engine'', and ``Marine vessel'' to read as follows:

Sec. 89.2 Definitions.

* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
57. Section 89.102 is amended by revising paragraph (d)(1)(i) to
read as follows:

Sec. 89.102 Effective dates, optional inclusion, flexibility for
equipment manufacturers.

* * * * *
(d) * * *
(1) * * *
(i) Equipment rated at or above 37 kW. For nonroad equipment and
vehicles with engines rated at or above 37 kW, a manufacturer may take
any of the actions identified in Sec. 89.1003(a)(1) for a portion of
its U.S.-directed production volume of such equipment and vehicles
during the seven years immediately following the date on which Tier 2
engine standards first apply to engines used in such equipment and
vehicles, provided that the seven-year sum of these portions in each
year, as expressed as a percentage for each year, does not exceed 80,
and provided that all such equipment and vehicles or equipment contain
Tier 1 or Tier 2 engines;
* * * * *

[[Page 54874]]

58. Section 89.110 is amended by revising paragraph (b)(2) to read
as follows:

Sec. 89.110 Emission control information label.

* * * * *
(b) * * *
(2) The full corporate name and trademark of the manufacturer;
though the label may identify another company and use its trademark
instead of the manufacturer's if the provisions of Sec. 89.1009 are met.
* * * * *
59. Section 89.112 is amended by revising paragraph (f)(3) to read
as follows:

Sec. 89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, and
particulate matter exhaust emission standards.

* * * * *
(f) * * *
(3) Test procedures. NO_X, NMHC, and PM emissions are
measured using the procedures set forth in 40 CFR part 1065, in lieu of
the procedures set forth in subpart E of this part. CO emissions may be
measured using the procedures set forth either in 40 CFR part 1065 or
in Subpart E of this part. Manufacturers may use an alternate procedure
to demonstrate the desired level of emission control if approved in
advance by the Administrator. Engines meeting the requirements to
qualify as Blue Sky Series engines must be capable of maintaining a
comparable level of emission control when tested using the procedures
set forth in paragraph (c) of this section and subpart E of this part.
The numerical emission levels measured using the procedures from
subpart E of this part may be up to 20 percent higher than those
measured using the procedures from 40 CFR part 1065 and still be
considered comparable.
60. Section 89.130 is revised to read as follows:

Sec. 89.130 Rebuild practices.

The provisions of 40 CFR 1068.120 apply to rebuilding of engines
subject to the requirements of this part 89.
61. Section 89.301 is amended by revising paragraph (d) to read as
follows:

Sec. 89.301 Scope; applicability.

* * * * *
(d) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in 40
CFR part 1065. Examples for system design, calibration methodologies,
and so forth, for dilute exhaust gas sampling can be found in 40 CFR
part 1065.
62. Section 89.319 is amended by revising paragraphs (b)(2)(i) and
(c) introductory text to read as follows:

Sec. 89.319 Hydrocarbon analyzer calibration.

(b) * * *
(2) * * *
(i) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to introduction into
service, after any maintenance which could alter calibration, and
monthly thereafter, the FID or HFID hydrocarbon analyzer shall be
calibrated on all normally used instrument ranges using the steps in
this paragraph (c). Use the same flow rate and pressures as when
analyzing samples. Calibration gases shall be introduced directly at
the analyzer, unless the ``overflow'' calibration option of 40 CFR part
1065, subpart F, for the HFID is taken. New calibration curves need not
be generated each month if the existing curve can be verified as
continuing to meet the requirements of paragraph (c)(3) of this section.
* * * * *
63. Section 89.320 is amended by revising paragraph (d) to read as
follows:

Sec. 89.320 Carbon monoxide analyzer calibration.

* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures specified in this section.
64. Section 89.321 is amended by revising paragraph (d) to read as
follows:

Sec. 89.321 Oxides of nitrogen analyzer calibration.

* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures specified in this section.
65. Section 89.322 is amended by revising paragraph (b) to read as
follows:

Sec. 89.322 Carbon dioxide analyzer calibration.

* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures in this section.
66. Section 89.410 is amended by adding paragraph (e) to read as
follows:

Sec. 89.410 Engine test cycle.

* * * * *
(e) Manufacturers may optionally use the ramped-modal duty cycles
corresponding to the discrete-mode duty cycles specified in this
section, as described in 40 CFR 1039.505.
67. Section 89.419 is amended by revising paragraphs (a)
introductory text, (a)(3)(i), (b)(1) introductory text, (b)(2)(i),
(b)(2)(v)(B), (b)(4)(ii), and (b)(4)(iii) to read as follows:

Sec. 89.419 Dilute gaseous exhaust sampling and analytical system
description.

(a) General. The exhaust gas sampling system described in this
section is designed to measure the true mass of gaseous emissions in
the exhaust of petroleum-fueled nonroad compression-ignition engines.
This system utilizes the CVS concept (described in 40 CFR part 1065,
subparts A and B) of measuring mass emissions of HC, CO, and
CO₂. A continuously integrated system is required for HC and
NO_X measurement and is allowed for all CO and CO₂
measurements. The mass of gaseous emissions is determined from the
sample concentration and total flow over the test period. As an option,
the measurement of total fuel mass consumed over a cycle may be
substituted for the exhaust measurement of CO₂. General
requirements are as follows:
* * * * *
(3) * * *
(i) Bag sampling (see 40 CFR part 1065) and analytical capabilities
(see 40 CFR part 1065), as shown in Figure 2 and Figure 3 in appendix A
to this subpart; or
* * * * *
(b) * * *
(1) Exhaust dilution system. The PDP-CVS shall conform to all of
the requirements listed for the exhaust gas PDP-CVS in 40 CFR part
1065. The CFV-CVS shall conform to all of the requirements listed for
the exhaust gas CFV-CVS in 40 CFR part 1065. In addition, the CVS must
conform to the following requirements:
* * * * *
(2) * * *
(i) The continuous HC sample system (as shown in Figure 2 or 3 in
appendix A to this subpart) uses an ``overflow'' zero and span system.
In this type of system, excess zero or span gas spills out of the probe
when zero and span checks of the analyzer are made. The ``overflow''
system may also be used to calibrate the HC analyzer according to 40
CFR part 1065, subpart F, although this is not required.
* * * * *

[[Page 54875]]

(v) * * *
(B) Have a wall temperature of 191 [deg]C ±11 [deg]C
over its entire length. The temperature of the system shall be
demonstrated by profiling the thermal characteristics of the system
where possible at initial installation and after any major maintenance
performed on the system. The profiling shall be accomplished using the
insertion thermocouple probing technique. The system temperature will
be monitored continuously during testing at the locations and
temperature described in 40 CFR 1065.145.
* * * * *
(4) * * *
(ii) The continuous NO_X, CO, or CO₂ sampling
and analysis system shall conform to the specifications of 40 CFR
1065.145 with the following exceptions and revisions:
(A) The system components required to be heated by 40 CFR 1065.145
need only be heated to prevent water condensation, the minimum
component temperature shall be 55 [deg]C.
(B) The system response shall meet the specifications in 40 CFR
part 1065, subpart C.
(C) Alternative NO_X measurement techniques outlined in
40 CFR part 1065, subpart D, are not permitted for NO_X
measurement in this subpart.
(D) All analytical gases must conform to the specifications of
Sec. 89.312.
(E) Any range on a linear analyzer below 155 ppm must have and use
a calibration curve conforming to Sec. 89.310.
(iii) The chart deflections or voltage output of analyzers with
non-linear calibration curves shall be converted to concentration
values by the calibration curve(s) specified in Sec. 89.313 before
flow correction (if used) and subsequent integration takes place.
68. Section 89.421 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec. 89.421 Exhaust gas analytical system; CVS bag sample.

* * * * *
(b) Major component description. The analytical system, Figure 4 in
appendix A to this subpart, consists of a flame ionization detector
(FID) (heated for petroleum-fueled compression-ignition engines to 191
[deg]C ±6 [deg]C) for the measurement of hydrocarbons,
nondispersive infrared analyzers (NDIR) for the measurement of carbon
monoxide and carbon dioxide, and a chemiluminescence detector (CLD) (or
HCLD) for the measurement of oxides of nitrogen. The exhaust gas
analytical system shall conform to the following requirements:
(1) The CLD (or HCLD) requires that the nitrogen dioxide present in
the sample be converted to nitric oxide before analysis. Other types of
analyzers may be used if shown to yield equivalent results and if
approved in advance by the Administrator.
(2) If CO instruments are used which are essentially free of
CO₂ and water vapor interference, the use of the
conditioning column may be deleted. (See 40 CFR part 1065, subpart D.)
(3) A CO instrument will be considered to be essentially free of
CO₂ and water vapor interference if its response to a
mixture of 3 percent CO₂ in N₂, which has been
bubbled through water at room temperature, produces an equivalent CO
response, as measured on the most sensitive CO range, which is less
than 1 percent of full scale CO concentration on ranges above 300 ppm
full scale or less than 3 ppm on ranges below 300 ppm full scale. (See
40 CFR part 1065, subpart D.)
(c) Alternate analytical systems. Alternate analysis systems
meeting the specifications of 40 CFR part 1065, subpart A, may be used
for the testing required under this subpart. Heated analyzers may be
used in their heated configuration.
* * * * *
69. Section 89.424 is amended by revising the note at the end of
paragraph (d)(3) to read as follows:

Sec. 89.424 Dilute emission sampling calculations.

* * * * *
(d) * * *
(3) * * *
(Note: If a CO instrument that meets the criteria specified in
40 CFR part 1065, subpart C, is used without a sample dryer
according to 40 CFR 1065.145, CO_em must be substituted
directly for CO_e and CO_dm must be substituted
directly for CO_d.)
* * * * *
70. Appendix A to Subpart F is amended by revising Table 1 to read
as follows:

Appendix A to Subpart F of Part 89--Sampling Plans for Selective
Enforcement Auditing of Nonroad Engines

Table 1.--Sampling Plan Code Letter
------------------------------------------------------------------------
Annual engine family sales Code letter
------------------------------------------------------------------------
20-50....................................... AA\1\
20-99....................................... A
100-299..................................... B
300-499..................................... C
500 or greater.............................. D
------------------------------------------------------------------------
\1\ A manufacturer may optionally use either the sampling plan for code
letter ``AA'' or sampling plan for code letter ``A'' for Selective
Enforcement Audits of engine families with annual sales between 20 and
50 engines. Additionally, the manufacturer may switch between these
plans during the audit.

* * * * *
71. Section 89.603 is amended by adding paragraph (e) to read as
follows:

Sec. 89.603 General requirements for importation of nonconforming
nonroad engines.

* * * * *
(e)(1) The applicable emission standards for engines imported by an
ICI under this subpart are the emission standards applicable to the
Original Production (OP) year of the engine.
(2) Where engine manufacturers have choices in emission standards
for one or more pollutants in a given model year, the standard that
applies to the ICI is the least stringent standard for that pollutant
applicable to the OP year for the appropriate power category.
(3) ICIs may not generate, use or trade emission credits or
otherwise participate in any way in the averaging, banking and trading
program.
(4) An ICI may import no more than a total of 5 engines under the
certificate(s) it receives under this part for any given model year,
except as allowed by paragraph (e)(5) of this section. For ICIs owned
by a parent company, the importation limit includes importation by the
parent company and all its subsidiaries.
(5) An ICI may exceed the limit outlined in paragraph (e)(4) of
this section, provided that any engines in excess of the limit meet the
emission standards and other requirements outlined in the applicable
provisions of Part 89 or 1039 of this chapter for the model year in
which the engine is modified (instead of the emission standards and
other requirements applicable for the OP year of the vehicle/engine).
72. Section 89.612 is amended by revising paragraph (d) to read as
follows:

Sec. 89.612 Prohibited acts; penalties.

* * * * *
(d) An importer who violates section 213(d) and section 203 of the
Act is subject to the provisions of section 209 of the Act and is also
subject to a civil penalty under section 205 of the Act of

[[Page 54876]]

not more than $32,500 for each nonroad engine subject to the violation.
In addition to the penalty provided in the Act, where applicable, a
person or entity who imports an engine under the exemption provisions
of Sec. 89.611(b) and, who fails to deliver the nonroad engine to the
U.S. Customs Service is liable for liquidated damages in the amount of
the bond required by applicable Customs laws and regulations. The
maximum penalty value listed in this paragraph (d) is shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
73. A new Sec. 89.913 is added to subpart J to read as follows:

Sec. 89.913 What provisions apply to engines certified under the
motor-vehicle program?

You may use the provisions of 40 CFR 1039.605 to introduce new
nonroad engines into commerce if they are already certified to the
requirements that apply to compression-ignition engines under 40 CFR
parts 85 and 86. For the purposes of this section, all references in 40
CFR 1039.605 to 40 CFR part 1039 or sections in that part are replaced
by references to this part 89 or the corresponding sections in this
part 89.
74. A new Sec. 89.914 is added to subpart J to read as follows:

Sec. 89.914 What provisions apply to vehicles certified under the
motor-vehicle program?

You may use the provisions of 40 CFR 1039.610 to introduce new
nonroad engines or equipment into commerce if the vehicle is already
certified to the requirements that apply under 40 CFR parts 85 and 86.
For the purposes of this section, all references in 40 CFR 1039.610 to
40 CFR part 1039 or sections in that part are replaced by references to
this part 89 or the corresponding sections in this part 89.
75. Section 89.1003 is amended by removing and reserving paragraphs
(b)(5) and (b)(6), redesignating (b)(7)(iv) as (b)(7)(vii), revising
paragraphs (a)(3)(iii), (b)(7)(ii), and (b)(7)(iii), and adding
paragraphs (b)(7)(iv) and (b)(7)(viii) to read as follows:

Sec. 89.1003 Prohibited acts.

(a) * * *
(3) * * *
(iii) For a person to deviate from the provisions of Sec. 89.130
when rebuilding an engine (or rebuilding a portion of an engine or
engine system). Such a deviation violates paragraph (a)(3)(i) of this
section.
* * * * *
(b) * * *
(7) * * *
(ii) The engine manufacturer or its agent takes ownership and
possession of the engine being replaced or confirms that the engine has
been destroyed; and
(iii) If the engine being replaced was not certified to any
emission standards under this part, the replacement engine must have a
permanent label with your corporate name and trademark and the
following language, or similar alternate language approved by the
Administrator:
THIS ENGINE DOES NOT COMPLY WITH U.S. EPA NONROAD OR HIGHWAY
EMISSION REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY
PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE BUILT BEFORE JANUARY 1,
[Insert appropriate year reflecting when the earliest tier of standards
began to apply to engines of that size and type]
MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(iv) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, the replacement engine must have a permanent label
with your corporate name and trademark and the following language, or
similar alternate language approved by the Administrator:
THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS
UNDER THE PROVISIONS OF 40 CFR 89.1003(b)(7). SELLING OR INSTALLING
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE
BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting when the
next tier of emission standards began to apply]
MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
(viii) The provisions of this section may not be used to circumvent
emission standards that apply to new engines under this part.
76. Section 89.1006 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as follows:

Sec. 89.1006 Penalties.

(a) * * *
(1) A person who violates Sec. 89.1003(a)(1), (a)(4), or (a)(6),
or a manufacturer or dealer who violates Sec. 89.1003(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
89.1003(a)(3)(i) or any person who violates Sec. 89.1003(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
(5) A person who violates Sec. 89.1003(a)(2) or (a)(5) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator may
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding shall not exceed $270,000, unless
the Administrator and the Attorney General jointly determine that a
matter involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination by the
Administrator and the Attorney General is not subject to judicial
review. Assessment of a civil penalty shall be by an order made on the
record after opportunity for a hearing held in accordance with the
procedures found at part 22 of this chapter. The Administrator may
compromise, or remit, with or without conditions, any administrative
penalty which may be imposed under this section.
* * * * *
77. A new Sec. 89.1009 is added to subpart K to read as follows:

Sec. 89.1009 What special provisions apply to branded engines?

The following provisions apply if you identify the name and
trademark of another company instead of your own on your emission
control information label, as provided by Sec. 89.110(b)(2):
(a) You must have a contractual agreement with the other company
that obligates that company to take the following steps:

[[Page 54877]]

(1) Meet the emission warranty requirements that apply under this
part. This may involve a separate agreement involving reimbursement of
warranty-related expenses.
(2) Report all warranty-related information to the certificate holder.
(b) In your application for certification, identify the company
whose trademark you will use and describe the arrangements you have
made to meet your requirements under this section.
(c) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.

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

78. The authority citation for part 90 is revised to read as follows:

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

79. Section 90.1 is amended by removing and reserving paragraph
(d)(4), revising paragraphs (b) and (d)(5), and adding paragraph (c) to
read as follows:

Sec. 90.1 Applicability.

* * * * *
(b) In certain cases, the regulations in this part 90 also apply to
new engines with a gross power output above 19 kW that would otherwise
be covered by 40 CFR part 1048 or 1051. See 40 CFR 1048.615 or
1051.145(a)(3) for provisions related to this allowance.
(c) In certain cases, the regulations in this part 90 apply to new
engines below 50 cc used in motorcycles that are motor vehicles. See 40
CFR 86.447-2006 or 86.448-2006 for provisions related to this allowance.
* * * * *
(d) * * *
(5) Engines certified to meet the requirements of 40 CFR part 1048,
subject to the provisions of Sec. 90.913.
* * * * *
80. Section 90.3 is amended by revising the definitions for
``Marine engine'', ``Marine vessel'', and ``United States'' and adding
definitions for ``Amphibious vehicle'' and ``Maximum engine power'' in
alphabetical order to read as follows:

Sec. 90.3 Definitions.

* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
Maximum engine power means gross power.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
81. Section 90.301 is amended by revising paragraphs (c) and (d) to
read as follows:

Sec. 90.301 Applicability.

* * * * *
(c) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in 40
CFR part 1065. Examples for system design, calibration methodologies,
and so forth, for dilute exhaust gas sampling can be found in 40 CFR
part 1065.
(d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II
natural gas fueled engines, use the procedures of 40 CFR part 1065 to
measure nonmethane hydrocarbon (NMHC) exhaust emissions from Phase 2
Class I, Phase 2 Class I-B, and Phase 2 Class II natural gas fueled engines.
82. Section 90.308 is amended by revising paragraph (b)(1) to read
as follows:

Sec. 90.308 Lubricating oil and test fuels.

* * * * *
(b) * * *
(1) The manufacturer must use gasoline having the specifications,
or substantially equivalent specifications approved by the
Administrator, as specified in Table 3 in Appendix A of this subpart
for exhaust emission testing of gasoline fueled engines. As an option,
manufacturers may use the fuel specified in 40 CFR part 1065, subpart
H, for gasoline-fueled engines.
* * * * *
83. Section 90.316 is amended by revising paragraphs (b)(2)(ii) and
(c) introductory text to read as follows:

Sec. 90.316 Hydrocarbon analyzer calibration.

* * * * *
(b) * * *
(2) * * *
(ii) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to initial use and
monthly thereafter, or within one month prior to the certification
test, the FID or HFID hydrocarbon analyzer must be calibrated on all
normally used instrument ranges using the steps in this paragraph. Use
the same flow rate and pressures as when analyzing samples. Introduce
calibration gases directly at the analyzer. An optional method for
dilute sampling described in 40 CFR part 1065, subpart F, may be used.
* * * * *
84. Section 90.318 is amended by revising paragraph (d) to read as
follows:

Sec. 90.318 Oxides of nitrogen analyzer calibration.

* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subpart D,
may be used in lieu of the procedures specified in this section.
85. Section 90.320 is amended by revising paragraph (b) to read as
follows:

Sec. 90.320 Carbon dioxide analyzer calibration.

* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures in this section.
86. Section 90.401 is amended by revising paragraph (d) to read as
follows:

Sec. 90.401 Applicability.

* * * * *
(d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II
natural gas fueled engines, use the equipment specified in 40 CFR part
1065, subparts D and E, to measure nonmethane hydrocarbon (NMHC)
exhaust emissions from Phase 2 Class I, Phase 2 Class I-B, and Phase 2
Class II natural gas fueled engines.
87. Section 90.421 is amended by revising paragraph (b)
introductory text,

[[Page 54878]]

(b)(4)(ii), and (b)(4)(iii) to read as follows:

Sec. 90.421 Dilute gaseous exhaust sampling and analytical system
description.

* * * * *
(b) Component description. The components necessary for exhaust
sampling must meet the following requirements:
* * * * *
(4) * * *
(ii) Conform to the continuous NO_X, CO, or
CO₂ sampling and analysis system to the specifications of 40
CFR 1065.145, with the following exceptions and revisions:
(A) Heat the system components requiring heating only to prevent
water condensation, the minimum component temperature is 55 [deg]C.
(B) Coordinate analysis system response time with CVS flow
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
(C) Use only analytical gases conforming to the specifications of
40 CFR 1065.750 for calibration, zero and span checks.
(D) Use a calibration curve conforming to 40 CFR part 1065,
subparts C and D, for CO, CO₂, and NO_X for any
range on a linear analyzer below 155 ppm.
(iii) Convert the chart deflections or voltage output of analyzers
with non-linear calibration curves to concentration values by the
calibration curve(s) specified in 40 CFR part 1065, subpart D, before
flow correction (if used) and subsequent integration takes place.
88. Section 90.613 is amended by revising paragraph (d) to read as
follows:

Sec. 90.613 Prohibited acts; penalties.

* * * * *
(d) An importer who violates section 213(d) and section 203 of the
Act is subject to a civil penalty under section 205 of the Act of not
more than $32,500 for each engine subject to the violation. In addition
to the penalty provided in the Act, where applicable, under the
exemption provisions of Sec. 90.612(b), a person or entity who fails
to deliver the engine to the U.S. Customs Service is liable for
liquidated damages in the amount of the bond required by applicable
Customs laws and regulations. The maximum penalty value listed in this
paragraph (d) is shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.
89. A new Sec. 90.913 is added to subpart J to read as follows:

Sec. 90.913 Exemption for engines certified to standards for Large SI
engines.

(a) An engine is exempt from the requirements of this part if it is
in an engine family that has a valid certificate of conformity showing
that it meets emission standards and other requirements under 40 CFR
part 1048 for the appropriate model year.
(b) The only requirements or prohibitions from this part that apply
to an engine that is exempt under this section are in this section.
(c) If your engines do not have the certificate required in
paragraph (a) of this section, they will be subject to the provisions
of this part. Introducing these engines into commerce without a valid
exemption or certificate of conformity violates the prohibitions in
Sec. 90.1003.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 1048. The requirements
and restrictions of 40 CFR part 1048 apply to anyone manufacturing
these engines, anyone manufacturing equipment that uses these engines,
and all other persons in the same manner as if these were nonroad
spark-ignition engines above 19 kW.
(e) Engines exempted under this section may not generate or use
emission credits under this part 90.
90. Section 90.1006 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as follows:

Sec. 90.1006 Penalties.

(a) * * *
(1) A person who violates Sec. 90.1003(a)(1), (a)(4), or (a)(5),
or a manufacturer or dealer who violates Sec. 90.1003(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
90.1003(a)(3)(i) or any person who violates Sec. 90.1003(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
(5) A person who violates Sec. 90.1003(a)(2) or (a)(6) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator shall
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding can not exceed $270,000, unless the
Administrator and the Attorney General jointly determine that a matter
involving a larger penalty amount is appropriate for administrative
penalty assessment. Any such determination by the Administrator and the
Attorney General is not subject to judicial review. Assessment of a
civil penalty is made by an order made on the record after opportunity
for a hearing held in accordance with the procedures found at part 22
of this chapter. The Administrator may compromise, or remit, with or
without conditions, any administrative penalty which may be imposed
under this section.
* * * * *

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

91. The authority citation for part 91 is revised to read as follows:

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

92. Section 91.3 is amended by revising the definitions for
``Marine spark-ignition engine'', ``Marine vessel'', and ``United
States'', adding definitions for ``Amphibious vehicle'', ``Marine
engine'', and ``Spark-ignition'' in alphabetical order to read as follows:

Sec. 91.3 Definitions.

[[Page 54879]]

(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine spark-ignition engine means a spark-ignition marine engine
that propels a marine vessel.
* * * * *
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
93. Section 91.301 is amended by revising paragraph (c) to read as
follows:

Sec. 91.301 Scope; applicability.

Sec. 91.316 Hydrocarbon analyzer calibration.

* * * * *
(b) * * *
(2) * * *
(ii) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to introduction into
service and monthly thereafter, or within one month prior to the
certification test, calibrate the FID or HFID hydrocarbon analyzer on
all normally used instrument ranges, using the steps in this paragraph.
Use the same flow rate and pressures as when analyzing samples.
Introduce calibration gases directly at the analyzer. An optional
method for dilute sampling described in 40 CFR part 1065, subpart F,
may be used.
* * * * *
95. Section 91.318 is amended by revising paragraph (d) to read as
follows:

Sec. 91.318 Oxides of nitrogen analyzer calibration.

* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures specified in this section.
96. Section 91.320 is amended by revising paragraph (b) to read as
follows:

Sec. 91.320 Carbon dioxide analyzer calibration.

* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures in this section.
97. Section 91.419 is amended by revising the entry defining
``M_HCexh'' in paragraph (b) to read as follows:

Sec. 91.419 Raw emission sampling calculations.

* * * * *
(b) * * *
M_HCexh = Molecular weight of hydrocarbons in the
exhaust; see the following equation:

M_HCexh = 12.01 + 1.008 x[alpha]
* * * * *
98. Section 91.421 is amended by revising paragraph (b)(4)(ii) and
(b)(4)(iii) to read as follows:

Sec. 91.421 Dilute gaseous exhaust sampling and analytical system
description.

* * * * *
(b) * * *
(4) * * *
(ii) Conform to the continuous NO_X, CO₂, or
CO₂ sampling and analysis system to the specifications of 40
CFR 1065.145, with the following exceptions and revisions:
(A) Heat the system components requiring heating only to prevent
water condensation, the minimum component temperature is 55 [deg]C.
(B) Coordinate analysis system response time with CVS flow
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
(C) Use only analytical gases conforming to the specifications of
40 CFR 1065.750 for calibration, zero, and span checks.
(D) Use a calibration curve conforming to 40 CFR part 1065,
subparts C and D, for CO, CO₂, and NO_X for any
range on a linear analyzer below 155 ppm.
(iii) Convert the chart deflections or voltage output of analyzers
with non-linear calibration curves to concentration values by the
calibration curve(s) specified in 40 CFR part 1065, subpart D, before
flow correction (if used) and subsequent integration takes place.
* * * * *
99. Section 91.705 is amended by revising paragraph (d) to read as
follows:

Sec. 91.705 Prohibited acts; penalties.

* * * * *
(d) An importer who violates Sec. 91.1103(a)(1), section 213(d)
and section 203 of the Act is subject to a civil penalty under Sec.
91.1106 and section 205 of the Act of not more than $32,500 for each
marine engine subject to the violation. In addition to the penalty
provided in the Act, where applicable, a person or entity who imports
an engine under the exemption provisions of Sec. 91.704(b) and, who
fails to deliver the marine engine to the U.S. Customs Service by the
end of the period of conditional admission is liable for liquidated
damages in the amount of the bond required by applicable Customs laws
and regulations. The maximum penalty value listed in this paragraph (d)
is shown for calendar year 2004. Maximum penalty limits for later years
may be adjusted based on the Consumer Price Index. The specific
regulatory provisions for changing the maximum penalties, published in
40 CFR part 19, reference the applicable U.S. Code citation on which
the prohibited action is based.
100. Section 91.1106 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as follows:

Sec. 91.1106 Penalties.

(a) * * *
(1) A person who violates Sec. 91.1103 (a)(1), (a)(4), or (a)(5),
or a manufacturer or dealer who violates Sec. 91.1103(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
91.1103(a)(3)(i) or any person who violates Sec. 91.1103(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *

[[Page 54880]]

(5) A person who violates Sec. 91.1103 (a)(2) or (a)(6) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator shall
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding can not exceed $270,000, unless the
Administrator and the Attorney General jointly determine that a matter
involving a larger penalty amount is appropriate for administrative
penalty assessment. Any such determination by the Administrator and the
Attorney General is not subject to judicial review. Assessment of a
civil penalty is made by an order made on the record after opportunity
for a hearing held in accordance with the procedures found at part 22
of this chapter. The Administrator may compromise, or remit, with or
without conditions, any administrative penalty which may be imposed
under this section.
* * * * *

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

101. The authority citation for part 92 is revised to read as follows:

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

102. Section 92.1 is amended by revising paragraphs (a)
introductory text, (b)(3), and (b)(4) and adding paragraph (d) to read
as follows:

Sec. 92.1 Applicability.

(a) Except as noted in paragraphs (b) and (d) of this section, the
provisions of this part apply to manufacturers, remanufacturers, owners
and operators of:
* * * * *
(b) * * *
(3) Locomotive engines which provide only hotel power (see 40 CFR
parts 89 and 1039 to determine if such engines are subject to EPA
emission requirements); or
(4) Nonroad vehicles excluded from the definition of locomotive in
Sec. 92.2, and the engines used in such nonroad vehicles (see 40 CFR
parts 86, 89, and 1039 to determine if such vehicles or engines are
subject to EPA emission requirements).
* * * * *
(d) The provisions of subpart L of this part apply to all persons.
103. Section 92.2 is amended in paragraph (b) by revising the
definitions for Calibration, paragraph (5) of the definition for New
locomotive or new locomotive engine, Repower, and United States to read
as follows:

Sec. 92.2 Definitions.

* * * * *
(b) * * *
* * * * *
Calibration means the set of specifications, including tolerances,
specific to a particular design, version, or application of a
component, or components, or assembly capable of functionally
describing its operation over its working range. This definition does
apply to Subpart B of this part.
* * * * *
New locomotive or new locomotive engine means: * * *
(5) Notwithstanding paragraphs (1) through (3) of this definition,
locomotives and locomotive engines which are owned by a small railroad
and which have never been manufactured or remanufactured into a
certified configuration are not new.
* * * * *
Repower means replacement of the engine in a previously used
locomotive with a freshly manufactured locomotive engine. Replacing a
locomotive engine with a freshly manufactured locomotive engine in a
locomotive that has a refurbished or reconditioned chassis such that
less than 25 percent of the parts of the locomotive were previously
used (as weighted by dollar value) is not repowering.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
104. Section 92.109 is amended by revising paragraph (c)(3) to read
as follows:

Sec. 92.109 Analyzer specifications.

* * * * *
(c) * * *
(3) Alcohols and Aldehydes. The sampling and analysis procedures
for alcohols and aldehydes, where applicable, shall be approved by the
Administrator prior to the start of testing. Procedures are allowed if
they are consistent the general requirements of 40 CFR part 1065,
subpart I, for sampling and analysis of alcohols and aldehydes, and
with good engineering practice.
* * * * *
105. Section 92.114 is amended by revising paragraphs (d)(2)
introductory text and (e)(1) to read as follows:

Sec. 92.114 Exhaust gas and particulate sampling and analytical system.

* * * * *
(d) * * *
(2) For engine testing, either a locomotive-type or a facility-type
exhaust system (or a combination system) may be used. The exhaust
backpressure for engine testing shall be set between 90 and 100 percent
of the maximum backpressure that will result with the exhaust systems
of the locomotives in which the engine will be used. Backpressure less
than 90 percent of the maximum value is also allowed, provided the
backpressure is within 0.07 psi of the maximum value. The facility-type
exhaust system shall meet the following requirements:
* * * * *
(e) * * *
(1) Dilution of the exhaust prior to sampling is allowed for
gaseous emissions. The equipment and methods used for dilution,
sampling and analysis shall comply with the requirements of 40 CFR part
1065, with the following exceptions and additional requirements:
(i) Proportional sampling and heat exchangers are not required;
(ii) Larger minimum dimensions for the dilution tunnel(s) shall be
specified by the Administrator;
(iii) Other modifications may be made with written approval from
the Administrator.
* * * * *
106. Section 92.123 is amended by revising paragraph (a)(2)(ii) to
read as follows:

Sec. 92.123 Test procedure; general requirements.

(a) * * *
(2) * * *
(ii) None of the measured opacity values for the stack tested are
greater than three-quarters of the level allowed by any of the
applicable smoke standards.
* * * * *
107. Section 92.124 is amended by revising paragraph (f) to read as
follows:

[[Page 54881]]
Sec. 92.124 Test sequence; general requirements.

* * * * *
(f) The required test sequence is described in Table B124-1 of this
section, as follows:

Table B124-1.--Test Sequence for Locomotives and Locomotive Engines
----------------------------------------------------------------------------------------------------------------
Power, and fuel
Mode Number Notch setting Time in notch Emissions consumption
measured** measured
----------------------------------------------------------------------------------------------------------------
Warmup......................... Notch 8.......... 5 ± 1 min.. None............. None.
Warmup......................... Lowest Idle...... 15 min maximum (after None............. None.
engine speed reaches
lowest idle speed).
1a............................. Low Idle*........ 6 min minimum......... All.............. Both.
1.............................. Normal Idle...... 6 min minimum......... All.............. Both.
2.............................. Dynamic Brake*... 6 min minimum......... All.............. Both.
3.............................. Notch 1.......... 6 min minimum......... All.............. Both.
4.............................. Notch 2.......... 6 min minimum......... All.............. Both.
5.............................. Notch 3.......... 6 min minimum......... All.............. Both.
6.............................. Notch 4.......... 6 min minimum......... All.............. Both.
7.............................. Notch 5.......... 6 min minimum......... All.............. Both.
8.............................. Notch 6.......... 6 min minimum......... All.............. Both.
9.............................. Notch 7.......... 6 min minimum......... All.............. Both.
10............................. Notch 8.......... 15 min minimum........ All.............. Both.
----------------------------------------------------------------------------------------------------------------
* Omit if not so equipped.
** The EPA test sequence for locomotives and locomotive engines may be performed once, with gaseous, particulate
and smoke measurements performed simultaneously, or it may be performed twice with gaseous, and particulate
measurements performed during one test sequence and smoke measurements performed during the other test
sequence.

108. Section 92.132 is amended by revising paragraphs
(b)(3)(iii)(D)(2) and (d) to read as follows:

Sec. 92.132 Calculations.

* * * * *
(b) * * *
(3) * * *
(iii) * * *
(D) * * *
(2) If a CO instrument that meets the criteria specified in 40 CFR
part 1065, subpart C, is used without a sample dryer according to 40
CFR 1065.145, CO_em must be substituted directly for
CO_e and CO_dm must be substituted directly for
CO_d.
* * * * *
(d) _NOX correction factor. (1) NO_X emission
rates (M_{NOx mode}) shall be adjusted to account for the
effects of humidity and temperature by multiplying each emission rate
by K_NOx, which is calculated from the following equations:
K_NOx = (K)(1 + (0.25(logK)2)\1/2\)
K = (K_H)(K_T)
K_H =
[C₁+C₂exp((-0.0143)(10.714))]/
[C₁+C₂exp((-0.0143)(1000H))]
C₁ = -8.7 +164.5exp(-0.0218(A/F)_wet)
C₂ = 130.7 +3941exp(-0.0248(A/F)_wet)

Where:
(A/F)_wet = Mass of moist air intake divided by mass of fuel
intake.
K_T = 1/[1-0.0107(T₃₀-T_A)]
for tests conducted at ambient temperatures below 30[deg]C.
K_T = 1.00 for tests conducted at ambient temperatures at or
above 30[deg]C.
T₃₀ = The measured intake manifold air temperature in the
locomotive when operated at 30[deg]C (or 100[deg]C, where intake
manifold air temperature is not available).
T_A = The measured intake manifold air temperature in the
locomotive as tested (or the ambient temperature ([deg]C), where intake
manifold air temperature is not available).
* * * * *
109. Section 92.203 is amended by revising paragraph (d)(1)(i) to
read as follows:

Sec. 92.203 Application for certification.

* * * * *
(d) Required content. Each application must include the following
information:
(1)(i) A description of the basic engine design including, but not
limited to, the engine family specifications, the provisions of which
are contained in Sec. 92.204;
* * * * *
110. Section 92.205 is amended by revising paragraph (a)
introductory text to read as follows:

Sec. 92.205 Prohibited controls, adjustable parameters.

(a) Any system installed on, or incorporated in, a new locomotive
or new locomotive engine to enable such locomotive or locomotive engine
to conform to standards contained in this part:
* * * * *
111. Section 92.208 is amended by revising paragraph (a) to read as
follows:

Sec. 92.208 Certification.

(a) Paragraph (a) of this section applies to manufacturers of new
locomotives and new locomotive engines. If, after a review of the
application for certification, test reports and data acquired from a
freshly manufactured locomotive or locomotive engine or from a
development data engine, and any other information required or obtained
by EPA, the Administrator determines that the application is complete
and that the engine family meets the requirements of the Act and this
part, he/she will issue a certificate of conformity with respect to
such engine family except as provided by paragraph (c)(3) of this
section. The certificate of conformity is valid for each engine family
from the date of issuance by EPA until 31 December of the model year or
calendar year for which it is issued and upon such terms and conditions
as the Administrator deems necessary or appropriate to assure that the
production locomotives or engines covered by the certificate will meet
the requirements of the Act and of this part.
* * * * *
112. Section 92.210 is amended by revising paragraphs (b)(1),
(b)(2), (d)(2), and (d)(3) to read as follows:

Sec. 92.210 Amending the application and certificate of conformity.

* * * * *
(b) A manufacturer's or remanufacturer's request to amend the
application or the existing certificate of

[[Page 54882]]

conformity shall include the following information:
(1) A full description of the change to be made in production, or
of the locomotives or engines to be added;
(2) Engineering evaluations or data showing that the locomotives or
engines as modified or added will comply with all applicable emission
standards; and
* * * * *
(d) * * *
(2) If the Administrator determines that the change or new
locomotive(s) or engine(s) meets the requirements of this part and the
Act, the appropriate certificate of conformity shall be amended.
(3) If the Administrator determines that the changed or new
locomotive(s) or engine(s) does not meet the requirements of this part
and the Act, the certificate of conformity will not be amended. The
Administrator shall provide a written explanation to the manufacturer
or remanufacturer of the decision not to amend the certificate. The
manufacturer or remanufacturer may request a hearing on a denial.
* * * * *
113. Section 92.212 is amended by revising paragraphs (b)(2)(v)(G),
(c)(2)(v)(A), and(c)(2)(v)(D)(2) to read as follows:

Sec. 92.212 Labeling.

* * * * *
(b) * * *
(2) * * *
(v) * * *
(G) The standards and/or FELs to which the locomotive was certified.
(c) * * *
(2) * * *
(v) * * *
(A) The label heading: Engine Emission Control Information.
* * * * *
(D) * * *
(2) This locomotive and locomotive engine conform to U.S. EPA
regulations applicable to locomotives and locomotive engines originally
manufactured on or after January 1, 2002 and before January 1, 2005; or
* * * * *

114. Section 92.215 is amended by revising paragraphs (a)(2)(i)(A) and
(b) to read as follows:

Sec. 92.215 Maintenance of records; submittal of information; right
of entry.

(a) * * *
(2) * * *
(i) * * *
(A) In the case where a current production engine is modified for
use as a certification engine or in a certification locomotive, a
description of the process by which the engine was selected and of the
modifications made. In the case where the certification locomotive or
the engine for a certification locomotive is not derived from a current
production engine, a general description of the buildup of the engine
(e.g., whether experimental heads were cast and machined according to
supplied drawings). In the cases in the previous two sentences, a
description of the origin and selection process for fuel system
components, ignition system components, intake-air pressurization and
cooling-system components, cylinders, pistons and piston rings, exhaust
smoke control system components, and exhaust aftertreatment devices as
applicable, shall be included. The required descriptions shall specify
the steps taken to assure that the certification locomotive or
certification locomotive engine, with respect to its engine,
drivetrain, fuel system, emission-control system components, exhaust
aftertreatment devices, exhaust smoke control system components or any
other devices or components as applicable, that can reasonably be
expected to influence exhaust emissions will be representative of
production locomotives or locomotive engines and that either: all
components and/or locomotive or engine, construction processes,
component inspection and selection techniques, and assembly techniques
employed in constructing such locomotives or engines are reasonably
likely to be implemented for production locomotives or engines; or that
they are as close as practicable to planned construction and assembly
process.
* * * * *
(b) The manufacturer or remanufacturer of any locomotive or
locomotive engine subject to any of the standards prescribed in this
part shall submit to the Administrator, at the time of issuance by the
manufacturer or remanufacturer, copies of all instructions or
explanations regarding the use, repair, adjustment, maintenance, or
testing of such locomotive or engine, relevant to the control of
crankcase, or exhaust emissions issued by the manufacturer or
remanufacturer, for use by other manufacturers or remanufacturers,
assembly plants, distributors, dealers, owners and operators. Any
material not translated into the English language need not be submitted
unless specifically requested by the Administrator.
* * * * *

Sec. 92.216 [Amended]

115. Section 92.216 is amended by removing and reserving paragraph
(a)(2).
116. Section 92.512 is amended by revising paragraph (e) to read as
follows:

Sec. 92.512 Suspension and revocation of certificates of conformity.

* * * * *
(e) The Administrator shall notify the manufacturer or
remanufacturer in writing of any suspension or revocation of a
certificate of conformity in whole or in part; a suspension or
revocation is effective upon receipt of such notification or thirty
days from the time an engine family is deemed to be in noncompliance
under Sec. Sec. 92.508(d), 92.510(a), 92.510(b) or 92.511(f),
whichever is earlier, except that the certificate is immediately
suspended with respect to any failed locomotives or locomotive engines
as provided for in paragraph (a) of this section.
* * * * *
117. Section 92.906 is amended by revising paragraph (a)
introductory text to read as follows:

Sec. 92.906 Manufacturer-owned, remanufacturer-owned exemption and
display exemption.

(a) Any manufacturer-owned or remanufacturer-owned locomotive or
locomotive engine is exempt from Sec. 92.1103, without application, if
the manufacturer complies with the following terms and conditions:
* * * * *
118. Section 92.1106 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as follows:

Sec. 92.1106 Penalties.

(a) * * *
(1) A person who violates Sec. 92.1103 (a)(1), (a)(4), or (a)(5),
or a manufacturer, remanufacturer, dealer or railroad who violates
Sec. 92.1103(a)(3)(i) or (iii) is subject to a civil penalty of not
more than $32,500 for each violation.
(2) A person other than a manufacturer, remanufacturer, dealer, or
railroad who violates Sec. 92.1103(a)(3)(i) or any person who violates
Sec. 92.1103(a)(3)(ii) is subject to a civil penalty of not more than
$2,750 for each violation.
* * * * *
(5) A person who violates Sec. 92.1103(a)(2) is subject to a civil
penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The

[[Page 54883]]

specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator may
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding shall not exceed $270,000, unless
the Administrator and the Attorney General jointly determine that a
matter involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination by the
Administrator and the Attorney General is not subject to judicial
review. Assessment of a civil penalty shall be by an order made on the
record after opportunity for a hearing held in accordance with the
procedures found at part 22 of this chapter. The Administrator may
compromise, or remit, with or without conditions, any administrative
penalty which may be imposed under this section.
* * * * *
119. Appendix IV to part 92 is amended by revising paragraph (d)(1)
to read as follows:

Appendix IV to Part 92--Guidelines for Determining Equivalency Between
Emission Measurement Systems

* * * * *
(d) Minimum number of tests. The recommended minimum number of
tests with each system necessary to determine equivalency is:
(1) Four 10-mode locomotive or locomotive engine tests,
conducted in accordance with the provisions of Subpart B of this part; or
* * * * *

PART 94--CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION-IGNITION ENGINES

120. The authority citation for part 94 is revised to read as follows:

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

121. Section 94.2 is amended in paragraph (b) by revising the
definitions of marine engine, Marine vessel, and United States and
adding a definition of ``Amphibious vehicle'' in alphabetical order to
read as follows:

Sec. 94.2 Definitions.

* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
122. Section 94.107 is amended by revising paragraph (b) to read as
follows:

Sec. 94.107 Determination of maximum test speed.

* * * * *
(b) Generation of lug curve. Prior to beginning emission testing,
generate maximum measured brakepower versus engine speed data points
using the applicable method specified in 40 CFR 1065.510. These data
points form the lug curve. It is not necessary to generate the entire
lug curve. For the portion of the curve where power increases with
increasing speed, it is not necessary to generate points with power
less than 90 percent of the maximum power value. For the portion of the
curve where power decreases with increasing speed, it is not necessary
to generate points with power less than 75 percent of the maximum power
value.
* * * * *
123. Section 94.109 is amended by revising paragraph (b) to read as
follows:

Sec. 94.109 Test procedures for Category 3 marine engines.

* * * * *
(b) Analyzers meeting the specifications of either 40 CFR part
1065, subpart C, or ISO 8178-1 (incorporated by reference in Sec.
94.5) shall be used to measure THC and CO.
* * * * *
124. Section 94.904 is amended by adding a new paragraph (c) to
read as follows:

Sec. 94.904 Exemptions.

* * * * *
(c) If you want to take an action with respect to an exempted or
excluded engine that is prohibited by the exemption or exclusion, such
as selling it, you need to certify the engine. We will issue a
certificate of conformity if you send us an application for
certification showing that you meet all the applicable requirements
from this part 94 and pay the appropriate fee. Also, in some cases, we
may allow manufacturers to modify the engine as needed to make it
identical to engines already covered by a certificate. We would base
such an approval on our review of any appropriate documentation. These
engines must have emission control information labels that accurately
describe their status.
125. Section 94.907 is amended by revising paragraphs (a), (b),
(c), (d) introductory text, (d)(1)(ii), (d)(2), (d)(3)(i), (d)(4), and
(g) and adding introductory text to paragraph (h) to read as follows:

Sec. 94.907 Engine dressing exemption.

(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce new marine engines into commerce if
they are already certified to the requirements that apply to
compression-ignition engines under 40 CFR parts 85 and 86 or 40 CFR
part 89, 92 or 1039 for the appropriate model year. If you comply with
all the provisions of this section, we consider the certificate issued
under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a
valid certificate of conformity under this part 94 for its model year,
without a separate application for certification under the requirements
of this part 94.
(b) Boat builder provisions. If you are not an engine manufacturer,
you may install an engine certified for the appropriate model year
under 40 CFR part 86, 89, 92, or 1039 in a marine vessel as long as the
engine has been properly labeled as specified in paragraph (d)(5) of
this section and you do not make any of the changes described in
paragraph (d)(3) of this section. If you modify the non-marine engine
in any of the ways described in paragraph (d)(3) of this section, we
will consider you a manufacturer of a new marine engine. Such engine
modifications prevent you from using the provisions of this section.

[[Page 54884]]

(c) Liability. Engines for which you meet the requirements of this
section are exempt from all the requirements and prohibitions of this
part, except for those specified in this section. Engines exempted
under this section must meet all the applicable requirements from 40
CFR parts 85 and 86 or 40 CFR part 89, 92, or 1039. This paragraph (c)
applies to engine manufacturers, boat builders who use such an engine,
and all other persons as if the engine were used in its originally
intended application. The prohibited acts of Sec. 94.1103(a)(1) apply
to these new engines and vessels; however, we consider the certificate
issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be
a valid certificate of conformity under this part 94 for its model
year. If we make a determination that these engines do not conform to
the regulations during their useful life, we may require you to recall
them under this part 94 or under 40 CFR part 85, 89, 92, or 1039.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
marine engine, the engine is eligible for an exemption under this section:
(1) * * *
(ii) Land-based nonroad diesel engines (40 CFR part 89 or 1039).
* * * * *
(2) The engine must have the label required under 40 CFR part 86,
89, 92, or 1039.
* * * * *
(3) * * *
(i) Change any fuel system parameters from the certified
configuration, or change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
* * * * *
(4) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in marine
applications, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
* * * * *
(g) Failure to comply. If your engines do not meet the criteria
listed in paragraph (d) of this section, they will be subject to the
standards, requirements, and prohibitions of this part 94 and the
certificate issued under 40 CFR part 86, 89, 92, or 1039 will not be
deemed to also be a certificate issued under this part 94. Introducing
these engines into commerce without a valid exemption or certificate of
conformity under this part violates the prohibitions in 40 CFR
94.1103(a)(1).
(h) Data submission. * * *
* * * * *
(i) Participation in averaging, banking and trading. Engines
adapted for marine use under this section may not generate or use
emission credits under this part 94. These engines may generate credits
under the ABT provisions in 40 CFR part 86, 89, 92, or 1039, as
applicable. These engines must use emission credits under 40 CFR part
86, 89, 92, or 1039 as applicable if they are certified to an FEL that
exceeds an applicable standard.
126. A new Sec. 94.912 is added to subpart J to read as follows:

Sec. 94.912 Optional certification to land-based standards for
auxiliary marine engines.

(a) If an engine meets all the following criteria, it is exempt
from the requirements of this part:
(1) The marine engines must be identical in all material respects
to a land-based engine covered by a valid certificate of conformity for
the appropriate model year showing that it meets emission standards for
engines of that power rating under 40 CFR part 89 or 1039.
(2) The engines may not be used as propulsion marine engines.
(3) The engines must have the emission control information label we
require in 40 CFR 89.110 or 40 CFR 1039.135, including additional
information to identify the engine as certified also for auxiliary
marine applications.
(4) The number of auxiliary marine engines from the engine family
must be smaller than the number of land-based engines from the engine
family.
(5) In your application for certification, you must identify your
plans to produce engines for both land-based and auxiliary marine
applications, including projected sales of marine engines. If the
projected marine sales are substantial, we may ask for the year-end
report of production volumes to include actual auxiliary marine engine
sales.
(b) The only requirements or prohibitions from this part that apply
to an engine that is exempt under this section are in this section.
(c) If your engines do not meet the criteria listed in paragraph
(a) of this section, they will be subject to all the requirements and
prohibitions of this part. Introducing these engines into commerce
without a valid exemption or certificate of conformity violates the
prohibitions in Sec. 94.1103.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 89 or 1039. The
requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as if these
were land-based nonroad diesel engines.
(e) If you produce marine engines under the provisions of this
section, include them in your emission-credit calculations in 40 CFR
part 89 or 1039, as applicable. Do not count these marine engines in
emission-credit calculations under 40 CFR part 94.
(f) The requirements for vessel manufacturers, owners, and
operators in subpart K of this part apply to these engines whether they
are certified under this part 94 or another part as allowed by this section.
127. Section 94.1001 is revised to read as follows:

Sec. 94.1001 Applicability.

The requirements of this subpart are applicable to manufacturers,
owners, and operators of marine vessels that contain engines with per-
cylinder displacement of at least 2.5 liters subject to the provisions
of subpart A of this part, except as otherwise specified.
128. Section 94.1103 is amended by redesignating (b)(3)(iv) as
(b)(3)(vii), revising paragraph (b)(3)(ii) and (b)(3)(iii), and adding
paragraphs (b)(3)(iv) and (b)(3)(viii) to read as follows:

Sec. 94.1103 Prohibited acts.

* * * * *
(b) * * *
(3) * * *
(ii) The engine manufacturer or its agent takes ownership and
possession of the engine being replaced or confirms that the engine has
been destroyed; and
(iii) If the engine being replaced was not certified to any
emission standards under this part, the replacement engine must have a
permanent label with your corporate name and trademark and the
following language, or similar alternate language approved by the
Administrator:
THIS ENGINE DOES NOT COMPLY WITH U.S. EPA MARINE EMISSION
REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER
THAN TO REPLACE A MARINE ENGINE BUILT BEFORE

[[Page 54885]]

JANUARY 1, [Insert appropriate year reflecting when the earliest tier
of standards began to apply to engines of that size and type]
MAY BE A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(iv) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, the replacement engine must have a permanent label
with your corporate name and trademark and the following language, or
similar alternate language approved by the Administrator:
THIS ENGINE COMPLIES WITH U.S. EPA MARINE EMISSION REQUIREMENTS
UNDER THE PROVISIONS OF 40 CFR 94.1103(b)(3). SELLING OR INSTALLING
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A MARINE ENGINE BUILT
BEFORE JANUARY 1, [Insert appropriate year reflecting when the next
tier of emission standards began to apply]
MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
(viii) The provisions of this section may not be used to circumvent
emission standards that apply to new engines under this part.
129. Section 94.1106 is amended by revising the introductory text
and paragraphs (a)(1), (a)(2), (c)(1), and (d) to read as follows:

Sec. 94.1106 Penalties.

This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation. The maximum
penalty values listed in paragraphs (a) and (c) of this section are
shown for calendar year 2004. As described in paragraph (d) of this
section, maximum penalty limits for later years are set forth in 40 CFR
part 19.
(a) * * *
(1) A person who violates Sec. 94.1103(a)(1), (a)(4), (a)(5),
(a)(6), or (a)(7)(iv) or a manufacturer or dealer who violates Sec.
94.1103(a)(3)(i) or (iii) or Sec. 94.1103(a)(7) is subject to a civil
penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
94.1103(a)(3)(i) or (iii) or Sec. 94.1103(a)(7)(i), (ii), or (iii) or
any person who violates Sec. 94.1103(a)(3)(ii) is subject to a civil
penalty of not more than $2,750 for each violation.
* * * * *
(c) * * *
(1) Administrative penalty authority. Subject to 42 U.S.C. 7524(c),
in lieu of commencing a civil action under paragraph (b) of this
section, the Administrator may assess any civil penalty prescribed in
paragraph (a) of this section, except that the maximum amount of
penalty sought against each violator in a penalty assessment proceeding
shall not exceed $270,000, unless the Administrator and the Attorney
General jointly determine that a matter involving a larger penalty
amount is appropriate for administrative penalty assessment. Any such
determination by the Administrator and the Attorney General is not
subject to judicial review. Assessment of a civil penalty shall be by
an order made on the record after opportunity for a hearing held in
accordance with the procedures found at part 22 of this chapter. The
Administrator may compromise, or remit, with or without conditions, any
administrative penalty which may be imposed under this section.
* * * * *
(d) The maximum penalty values listed in paragraphs (a) and (c) of
this section are shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.

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

130. The authority citation for part 1039 is revised to read as follows:

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

131. Section 1039.1 is amended by revising paragraph (c) to read as
follows:

Sec. 1039.1 Does this part apply for my engines?

* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines are not
required to comply with this part, except for the requirements in Sec.
1039.20. In addition, if these engines are uncertified, the
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
* * * * *
132. Section 1039.5 is amended by revising paragraphs (b)(1)(iii)
and (b)(2) to read as follows:

Sec. 1039.5 Which engines are excluded from this part's requirements?

* * * * *
(b) Marine engines. (1) * * *
(iii) Engines that are exempt from the standards of 40 CFR part 94
pursuant to the provisions of 40 CFR part 94 (except for the provisions
of 40 CFR 94.907 or 94.912). For example, an engine that is exempt
under 40 CFR 94.906 because it is a manufacturer-owned engine is not
subject to the provisions of this part 1039.
* * * * *
(2) Marine engines are subject to the provisions of this part 1039
if they are exempt from 40 CFR part 94 based on the engine-dressing
provisions of 40 CFR 94.907 or the common-family provisions of 40 CFR
94.912.
* * * * *
133. Section 1039.10 is amended by revising the introductory text
to read as follows:

Sec. 1039.10 How is this part organized?

The regulations in this part 1039 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, as defined in Sec.
1039.801. This part 1039 is divided into the following subparts:
* * * * *
134. Section 1039.104 is amended by revising paragraph (a)(4)(iii)
to read as follows:

Sec. 1039.104 Are there interim provisions that apply only for a
limited time?

* * * * *
(a) * * *
(4) * * *
(iii) All other offset-using engines must meet the standards and
other provisions that apply in model year 2011 for engines in the 19-
130 kW power categories, in model year 2010 for engines in the 130-560
kW power category, or in model year 2014 for engines above 560 kW. Show
that engines meet these emission standards by meeting all the
requirements of Sec. 1068.265. You must meet the labeling requirements
in Sec. 1039.135, but add the following statement instead of the
compliance statement in Sec. 1039.135(c)(12): ``THIS ENGINE MEETS U.S.
EPA EMISSION STANDARDS UNDER 40 CFR 1039.104(a).'' For power categories
with a percentage phase-in, these engines should be treated as phase-in
engines for purposes of determining compliance with phase-in requirements.
* * * * *
135. Section 1039.125 is amended by revising paragraph (g)
introductory text to read as follows:

[[Page 54886]]
Sec. 1039.125 What maintenance instructions must I give to buyers?

* * * * *
(g) Payment for scheduled maintenance. Owners are responsible for
properly maintaining their engines. This generally includes paying for
scheduled maintenance. However, manufacturers must pay for scheduled
maintenance during the useful life if it meets all the following criteria:
* * * * *
136. Section 1039.130 is amended by revising paragraph (b)(3) to
read as follows:

Sec. 1039.130 What installation instructions must I give to equipment
manufacturers?

* * * * *
(b) * * *
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1039.205(u).
* * * * *
137. Section 1039.225 is amended by revising the section heading
and adding paragraphs (a)(3) and (f) to read as follows:

Sec. 1039.225 How do I amend my application for certification to
include new or modified engines or to change an FEL?

* * * * *
(a) * * *
(3) Modify an FEL for an engine family, as described in paragraph
(f) of this section.
* * * * *
(f) You may ask to change your FEL in the following cases:
(1) You may ask to raise your FEL after the start of production.
You may not apply the higher FEL to engines you have already introduced
into commerce. Use the appropriate FELs with corresponding sales
volumes to calculate your average emission level, as described in
subpart H of this part. In your request, you must demonstrate that you
will still be able to comply with the applicable average emission
standards as specified in subparts B and H of this part.
(2) You may ask to lower the FEL for your engine family after the
start of production only when you have test data from production
engines indicating that your engines comply with the lower FEL. You may
create a separate subfamily with the lower FEL. Otherwise, you must use
the higher FEL for the family to calculate your average emission level
under subpart H of this part.
(3) If you change the FEL during production, you must include the
new FEL on the emission control information label for all vehicles
produced after the change.
138. Section 1039.240 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec. 1039.240 How do I demonstrate that my engine family complies
with exhaust emission standards?

(a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical emission standards in Sec.
1039.101(a) and (b), Sec. 1039.102(a) and (b), Sec. 1039.104, or
Sec. 1039.105 if all emission-data engines representing that family
have test results showing deteriorated emission levels at or below
these standards. (Note: if you participate in the ABT program in
subpart H of this part, your FELs are considered to be the applicable
emission standards with which you must comply.)
(b) Your engine family is deemed not to comply if any emission-data
engine representing that family has test results showing a deteriorated
emission level above an applicable FEL or emission standard from Sec.
1039.101, Sec. 1039.102, Sec. 1039.104, or Sec. 1039.105 for any
pollutant.
* * * * *

Sec. 1039.510 [Amended]

139. Section 1039.510 is amended by removing paragraphs (c) and (d).
140. Section 1039.605 is amended by revising the section heading
and adding paragraph (g) to read as follows:

Sec. 1039.605 What provisions apply to engines certified under the
motor-vehicle program?

* * * * *
(g) Participation in averaging, banking and trading. Engines
adapted for nonroad use under this section may not generate or use
emission credits under this part 1039. These engines may generate
credits under the ABT provisions in 40 CFR part 86. These engines must
use emission credits under 40 CFR part 86 if they are certified to an
FEL that exceeds an applicable standard under 40 CFR part 86.
141. Section 1039.610 is amended by revising the section heading
and adding paragraph (g) to read as follows:

Sec. 1039.610 What provisions apply to vehicles certified under the
motor-vehicle program?

* * * * *
(g) Participation in averaging, banking and trading. Vehicles
adapted for nonroad use under this section may not generate or use
emission credits under this part 1039. These vehicles may generate
credits under the ABT provisions in 40 CFR part 86. These vehicles must
be included in the calculation of the applicable fleet average in 40
CFR part 86.
142. Section 1039.625 is amended by revising paragraph (j) to read
as follows:

Sec. 1039.625 What requirements apply under the program for
equipment-manufacturer flexibility?

* * * * *
(j) Provisions for engine manufacturers. As an engine manufacturer,
you may produce exempted engines as needed under this section. You do
not have to request this exemption for your engines, but you must have
written assurance from equipment manufacturers that they need a certain
number of exempted engines under this section. Send us an annual report
of the engines you produce under this section, as described in Sec.
1039.250(a). For engines produced under the provisions of paragraph
(a)(2) of this section, you must certify the engines under this part
1039. For all other exempt engines, the engines must meet the emission
standards in paragraph (e) of this section and you must meet all the
requirements of Sec. 1068.265. If you show under Sec. 1068.265(c)
that the engines are identical in all material respects to engines that
you have previously certified to one or more FELs above the standards
specified in paragraph (e) of this section, you must supply sufficient
credits for these engines. Calculate these credits under subpart H of
this part using the previously certified FELs and the alternate
standards. You must meet the labeling requirements in 40 CFR 89.110,
but add the following statement instead of the compliance statement in
40 CFR 89.110(b)(10):
THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR
1039.625. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN
FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 1039.625 MAY BE A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
143. Section 1039.655 is amended by revising paragraph (a)(3) to
read as follows:

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

(a) * * *
(3) You meet all the requirements of Sec. 1068.265.
* * * * *

[[Page 54887]]

144. Section 1039.705 amended by adding text to paragraph (c)(4) to
read as follows:

Sec. 1039.705 How do I generate and calculate emission credits?

* * * * *
(c) * * *
(4) Engines for which the location of first retail sale is in a
state that has applicable emission regulations for that model year. For
example, you may not include engines sold in California if it has
emission standards for these engines, and you may not include engines
sold in other states that adopt California's emission standards under
Clean Air Act section 209(e)(2)(B).
* * * * *
145. Section 1039.740 amended by adding paragraph (b)(4) to read as
follows:

Sec. 1039.740 What restrictions apply for using emission credits?

* * * * *
(b) * * *
(4) If the maximum power of an engine generating credits under the
Tier 2 standards in 40 CFR part 89 is at or above 37 kW and below 75
kW, you may use those credits for certifying engines under the Option
#1 standards in Sec. 1039.102.
* * * * *
146. Section 1039.801 is amended by revising the definitions for
Aftertreatment, Brake power, Constant-speed operation, Exempted, Good
engineering judgment, Marine engine, Marine vessel, Motor vehicle,
Revoke, Suspend, United States, and Void and adding a definition for
Amphibious vehicle to read as follows:

Sec. 1039.801 What definitions apply to this part?

* * * * *
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Brake power means the usable power output of the engine, not
including power required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
* * * * *
Constant-speed operation means engine operation with a governor
that controls the operator input to maintain an engine at a reference
speed, even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes.
Isochronous governors typically allow speed changes up to 1.0%. Another
example is a speed-droop governor, which has a fixed reference speed at
zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10)% below
the reference speed at zero load, such that the minimum reference speed
occurs near the engine's point of maximum power.
* * * * *
Exempted has the meaning we give in 40 CFR 1068.30.
* * * * *
Good engineering judgment has the meaning we give in 40 CFR
1068.30. See 40 CFR 1068.5 for the administrative process we use to
evaluate good engineering judgment.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general, motor vehicle means any vehicle that EPA deems to be capable
of safe and practical use on streets or highways that has a maximum
ground speed above 40 kilometers per hour (25 miles per hour) over
level, paved surfaces.
* * * * *
Revoke has the meaning we give in 40 CFR 1068.30.
* * * * *
Suspend has the meaning we give in 40 CFR 1068.30.
* * * * *
United States has the meaning we give in 40 CFR 1068.30.
* * * * *
Void has the meaning we give in 40 CFR 1068.30.
* * * * *

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

147. The authority citation for part 1048 is revised to read as
follows:

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

148. The heading for subpart A is revised to read as follows:

Subpart A--Overview and Applicability

149. Section 1048.1 is revised to read as follows:

Sec. 1048.1 Does this part apply to me?

(a) The regulations in this part 1048 apply for all new, spark-
ignition nonroad engines (defined in Sec. 1048.801) with maximum
engine power above 19 kW, except as provided in Sec. 1048.5.
(b) This part 1048 applies for engines built on or after January 1,
2004. You need not follow this part for engines you produce before
January 1, 2004. See Sec. Sec. 1048.101 through 1048.115, Sec.
1048.145, and the definition of model year in Sec. 1048.801 for more
information about the timing of new requirements.
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines are not
required to comply with this part, except for the requirements in Sec.
1048.20. In addition, if these engines are uncertified, the
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
(d) In certain cases, the regulations in this part 1048 apply to
engines with maximum engine power at or below 19 kW that would
otherwise be covered by 40 CFR part 90. See 40 CFR 90.913 for
provisions related to this allowance.
150. Section 1048.5 is revised to read as follows:

Sec. 1048.5 Which engines are excluded from this part's requirements?

This part does not apply to the following nonroad engines:
(a) Engines that are certified to meet the requirements of 40 CFR
part 1051, or are otherwise subject to 40 CFR part 1051 (for example,
engines used in snowmobiles and all-terrain vehicles).
(b) Propulsion marine engines. See 40 CFR part 91. This part
applies with respect to auxiliary marine engines.

[[Page 54888]]

151. Section 1048.10 is revised to read as follows:

Sec. 1048.10 How is this part organized?

The regulations in this part 1048 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, as defined in Sec.
1048.801. This part 1048 is divided into the following subparts:
(a) Subpart A of this part defines the applicability of part 1048
and gives an overview of regulatory requirements.
(b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec. 1048.145 discusses certain interim requirements and
compliance provisions that apply only for a limited time.
(c) Subpart C of this part describes how to apply for a certificate
of conformity.
(d) Subpart D of this part describes general provisions for testing
production-line engines.
(e) Subpart E of this part describes general provisions for testing
in-use engines.
(f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal Regulations).
(g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to engine
manufacturers, equipment manufacturers, owners, operators, rebuilders,
and all others.
(h) [Reserved]
(i) Subpart I of this part contains definitions and other reference
information.
152. Section 1048.15 is revised to read as follows:

Sec. 1048.15 Do any other regulation parts affect me?

(a) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines. Subpart F of this part 1048
describes how to apply the provisions of part 1065 of this chapter to
determine whether engines meet the emission standards in this part.
(b) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports,
installs, owns, operates, or rebuilds any of the engines subject to
this part 1048, or equipment containing these engines. Part 1068 of
this chapter describes general provisions, including these seven areas:
(1) Prohibited acts and penalties for engine manufacturers,
equipment manufacturers, and others.
(2) Rebuilding and other aftermarket changes.
(3) Exclusions and exemptions for certain engines.
(4) Importing engines.
(5) Selective enforcement audits of your production.
(6) Defect reporting and recall.
(7) Procedures for hearings.
(c) Other parts of this chapter apply if referenced in this part.
153. Section 1048.20 is revised to read as follows:

Sec. 1048.20 What requirements from this part apply to excluded
stationary engines?

(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1048.1(c) as a
stationary engine. To meet labeling requirements, you must do the
following things:
(1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
(2) Secure it to a part of the engine needed for normal operation
and not normally requiring replacement.
(3) Make sure it is durable and readable for the engine's entire life.
(4) Write it in English.
(5) Follow the requirements in Sec. 1048.135(g) regarding
duplicate labels if the engine label is obscured in the final installation.
(b) Engine labels or tags required under this section must have the
following information:
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(2) Include your full corporate name and trademark. You may instead
include the full corporate name and trademark of another company you
choose to designate.
(3) State the engine displacement (in liters) and maximum engine power.
(4) State: ``THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40
CFR PART 1048 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING THIS
ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''.
154. Section 1048.101 is amended by revising the introductory text
and paragraphs (a), (b), (c), (e), (g), and (h) to read as follows:

Sec. 1048.101 What exhaust emission standards must my engines meet?

The exhaust emission standards of this section apply by model year.
You may certify engines earlier than we require. The Tier 1 standards
apply only to steady-state testing, as described in paragraph (b) of
this section. The Tier 2 standards apply to steady-state, transient,
and field testing, as described in paragraphs (a), (b), and (c) of this
section.
(a) Emission standards for transient testing. Starting in the 2007
model year, transient exhaust emissions from your engines may not
exceed the Tier 2 emission standards, as follows:
(1) Measure emissions using the applicable transient test
procedures described in subpart F of this part.
(2) The Tier 2 HC+NO_X standard is 2.7 g/kW-hr and the
Tier 2 CO standard is 4.4 g/kW-hr. For severe-duty engines, the Tier 2
HC+NO_X standard is 2.7 g/kW-hr and the Tier 2 CO standard is
130.0 g/kW-hr. High-load engines and engines with maximum engine power
above 560 kW are not subject to the transient standards in this
paragraph (a).
(3) You may optionally certify your engines according to the
following formula instead of the standards in paragraph (a)(1) of this
section: (HC+NO_X) x CO0.784 <= 8.57. The
HC+NO_X and CO emission levels you select to satisfy this
formula, rounded to the nearest 0.1 g/kW-hr, become the emission
standards that apply for those engines. You may not select an
HC+NO_X emission standard higher than 2.7 g/kW-hr or a CO
emission standard higher than 20.6 g/kW-hr. The following table
illustrates a range of possible values under this paragraph (a)(3):

Table 1 of Sec. 1048.101.--Examples of Possible Tier 2 Duty-cycle
Emission Standards
------------------------------------------------------------------------
HC+NOX (g/kW-hr) CO (g/kW-hr)
------------------------------------------------------------------------
2.7 4.4
2.2 5.6
1.7 7.9
1.3 11.1
1.0 15.5
0.8 20.6
------------------------------------------------------------------------

(b) Standards for steady-state testing. Except as we allow in
paragraph (d) of this section, steady-state exhaust emissions from your
engines may not exceed emission standards, as follows:
(1) Measure emissions using the applicable steady-state test
procedures described in subpart F of this part:
(2) The following table shows the Tier 1 exhaust emission standards
that apply to engines from 2004 through 2006 model years:

[[Page 54889]]

Table 2 of Sec. 1048.101.--Tier 1 Emission Standards (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
General emission Alternate emission
standards standards for severe-
Testing ------------------------ duty engines
-----------------------
HC+NOX CO HC+NOX CO
----------------------------------------------------------------------------------------------------------------
Certification and production-line testing....................... 4.0 50.0 4.0 130.0
In-use testing.................................................. 5.4 50.0 5.4 130.0
----------------------------------------------------------------------------------------------------------------

(3) Starting in the 2007 model year, steady-state exhaust emissions
from your engines may not exceed the numerical emission standards in
paragraph (a) of this section. See paragraph (d) of this section for
alternate standards that apply for certain engines.
(c) Standards for field testing. Starting in 2007, exhaust
emissions may not exceed field-testing standards, as follows:
(1) Measure emissions using the field-testing procedures in subpart
F of this part.
(2) The HC+NO_X standard is 3.8 g/kW-hr and the CO
standard is 6.5 g/kW-hr. For severe-duty engines, the HC+NO_X
standard is 3.8 g/kW-hr and the CO standard is 200.0 g/kW-hr. For
natural gas-fueled engines, you are not required to measure nonmethane
hydrocarbon emissions or total hydrocarbon emissions for testing to
show that the engine meets the emission standards of this paragraph
(c); that is, you may assume HC emissions are equal to zero.
(3) You may apply the following formula to determine alternate
emission standards that apply to your engines instead of the standards
in paragraph (c)(1) of this section: (HC+NO_X) x CO\0.791\ <=
16.78. HC+NO_X emission levels may not exceed 3.8 g/kW-hr and
CO emission levels may not exceed 31.0 g/kW-hr. The following table
illustrates a range of possible values under this paragraph (c)(2):

Table 3 of Sec. 1048.101.--Examples of Possible Tier 2 Field-testing
Emission Standards
------------------------------------------------------------------------
HC+NOX (g/kW-hr) CO (g/kW-hr)
------------------------------------------------------------------------
3.8 6.5
3.1 8.5
2.4 11.7
1.8 16.8
1.4 23.1
1.1 31.0
------------------------------------------------------------------------

* * * * *
(e) Fuel types. The exhaust emission standards in this section
apply for engines using each type of fuel specified in 40 CFR part
1065, subpart C, on which the engines in the engine family are designed
to operate, except for engines certified under Sec. 1048.625. For
engines certified under Sec. 1048.625, the standards of this section
apply to emissions measured using the specified test fuel. You must
meet the numerical emission standards for hydrocarbons in this section
based on the following types of hydrocarbon emissions for engines
powered by the following fuels:
(1) Gasoline- and LPG-fueled engines: THC emissions.
(2) Natural gas-fueled engines: NMHC emissions.
(3) Alcohol-fueled engines: THCE emissions.
* * * * *
(g) Useful life. Your engines must meet the exhaust emission
standards in paragraphs (a) through (c) of this section over their full
useful life. The minimum useful life is 5,000 hours of operation or
seven years, whichever comes first.
(1) Specify a longer useful life in hours for an engine family
under either of two conditions:
(i) If you design, advertise, or market your engine to operate
longer than the minimum useful life (your recommended hours until
rebuild may indicate a longer design life).
(ii) If your basic mechanical warranty is longer than the minimum
useful life.
(2) You may request in your application for certification that we
approve a shorter useful life for an engine family. We may approve a
shorter useful life, in hours of engine operation but not in years, if
we determine that these engines will rarely operate longer than the
shorter useful life. If engines identical to those in the engine family
have already been produced and are in use, your demonstration must
include documentation from such in-use engines. In other cases, your
demonstration must include an engineering analysis of information
equivalent to such in-use data, such as data from research engines or
similar engine models that are already in production. Your
demonstration must also include any overhaul interval that you
recommend, any mechanical warranty that you offer for the engine or its
components, and any relevant customer design specifications. Your
demonstration may include any other relevant information. The useful
life value may not be shorter than any of the following:
(i) 1,000 hours of operation.
(ii) Your recommended overhaul interval.
(iii) Your mechanical warranty for the engine.
(h) Applicability for testing. The emission standards in this
subpart apply to all testing, including certification, production-line,
and in-use testing. For production-line testing, you must perform duty-
cycle testing as specified in Sec. Sec. 1048.505 and 1048.510. The
field-testing standards of this section apply for those tests. You need
not do additional testing of production-line engines to show that your
engines meet the field-testing standards.
155. Section 1048.105 is amended by revising the section heading
and adding introductory text to read as follows:

Sec. 1048.105 What evaporative emission standards and requirements apply?

The requirements of this section apply to all engines that are
subject to this part, except auxiliary marine engines.
* * * * *
156. Section 1048.115 is amended by revising the introductory text
and paragraphs (a), (e), and (g) to read as follows:

Sec. 1048.115 What other requirements must my engines meet?

Engines subject to this part must meet the following requirements:
(a) Crankcase emissions. Crankcase emissions may not be discharged
directly into the ambient atmosphere from any engine, except as follows:
(1) Engines may discharge crankcase emissions to the ambient
atmosphere if the emissions are added to the exhaust emissions (either
physically or mathematically) during all emission testing.
(2) If you take advantage of this exception, you must do the
following things:

[[Page 54890]]

(i) Manufacture the engines so that all crankcase emissions can be
routed into the applicable sampling systems specified in 40 CFR part 1065.
(ii) Account for deterioration in crankcase emissions when
determining exhaust deterioration factors.
(3) For purposes of this paragraph (a), crankcase emissions that
are routed to the exhaust upstream of exhaust aftertreatment during all
operation are not considered to be discharged directly into the ambient
atmosphere.
* * * * *
(e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. An operating parameter is not considered
adjustable if you permanently seal it or if it is not normally
accessible using ordinary tools. We may require that you set adjustable
parameters to any specification within the adjustable range during any
testing, including certification testing, selective enforcement
auditing, or in-use testing.
* * * * *
(g) Defeat devices. You may not equip your engines with a defeat
device. A defeat device is an auxiliary emission-control device that
reduces the effectiveness of emission controls under conditions that
the engine may reasonably be expected to encounter during normal
operation and use. This does not apply to auxiliary-emission control
devices you identify in your certification application if any of the
following is true:
(1) The conditions of concern were substantially included in the
applicable test procedures described in subpart F of this part.
(2) You show your design is necessary to prevent engine (or
equipment) damage or accidents.
(3) The reduced effectiveness applies only to starting the engine.
157. Section 1048.120 is revised to read as follows:

Sec. 1048.120 What emission-related warranty requirements apply to me?

(a) General requirements. You must warrant to the ultimate
purchaser and each subsequent purchaser that the new nonroad engine,
including all parts of its emission-control system, meets two conditions:
(1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
(2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
(b) Warranty period. Your emission-related warranty must be valid
for at least 50 percent of the engine's useful life in hours of
operation or at least three years, whichever comes first. In the case
of a high-cost warranted part, the warranty must be valid for at least
70 percent of the engine's useful life in hours of operation or at
least five 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 published warranty
you offer without charge for the engine. Similarly, the emission-
related warranty for any component may not be shorter than any
published warranty you offer without charge for that component. If you
provide an extended warranty to individual owners for any components
covered in paragraph (c) of this section for an additional charge, your
emission-related warranty must cover those components for those owners
to the same degree. 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.
(c) Components covered. The emission-related warranty covers all
components whose failure would increase an engine's emissions of any
pollutant. This includes components listed in 40 CFR part 1068,
Appendix I, and components from any other system you develop to control
emissions. The emission-related warranty covers these components even
if another company produces the component. Your emission-related
warranty does not cover components whose failure would not increase an
engine's emissions of any pollutant.
(d) Limited applicability. You may deny warranty claims under this
section if the operator caused the problem through improper maintenance
or use, as described in 40 CFR 1068.115.
(e) Owners manual. Describe in the owners manual the emission-
related warranty provisions from this section that apply to the engine.
158. Section 1048.125 is revised to read as follows:

Sec. 1048.125 What maintenance instructions must I give to buyers?

Give the ultimate purchaser of each new nonroad engine written
instructions for properly maintaining and using the engine, including
the emission-control system. The maintenance instructions also apply to
service accumulation on your emission-data engines, as described in 40
CFR part 1065.
(a) Critical emission-related maintenance. Critical emission-
related maintenance includes any adjustment, cleaning, repair, or
replacement of critical emission-related components. This may also
include additional emission-related maintenance that you determine is
critical if we approve it in advance. You may schedule critical
emission-related maintenance on these components if you meet the
following conditions:
(1) You demonstrate that the maintenance is reasonably likely to be
done at the recommended intervals on in-use engines. We will accept
scheduled maintenance as reasonably likely to occur if you satisfy any
of the following conditions:
(i) You present data showing that, if a lack of maintenance
increases emissions, it also unacceptably degrades the engine's performance.
(ii) You present survey data showing that at least 80 percent of
engines in the field get the maintenance you specify at the recommended
intervals.
(iii) You provide the maintenance free of charge and clearly say so
in maintenance instructions for the customer.
(iv) You otherwise show us that the maintenance is reasonably
likely to be done at the recommended intervals.
(2) You may not schedule critical emission-related maintenance more
frequently than the following minimum intervals, except as specified in
paragraphs (a)(3), (b) and (c) of this section:
(i) For catalysts, fuel injectors, electronic control units,
superchargers, and turbochargers: the useful life of the engine family.
(ii) For gaseous fuel-system components (cleaning without
disassembly only) and oxygen sensors: 2,500 hours.
(3) If your engine family has an alternate useful life under Sec.
1048.101(g) that is shorter than the period specified in paragraph
(a)(2)(ii) of this section, you may not schedule critical emission-
related maintenance more frequently than the alternate useful life,
except as specified in paragraph (c) of this section.
(b) Recommended additional maintenance. You may recommend any
additional amount of maintenance on the components listed in paragraph
(a) of this section, as long as you state clearly that these
maintenance steps are not necessary to keep the emission-related
warranty valid. If operators do the maintenance specified in paragraph
(a) of this section, but not the recommended additional maintenance,
this does not allow you to disqualify

[[Page 54891]]

those engines from in-use testing or deny a warranty claim. Do not take
these maintenance steps during service accumulation on your emission-
data engines.
(c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as substandard
fuel or atypical engine operation. For example, you may specify more
frequent cleaning of fuel system components for engines you have reason
to believe will be using fuel that causes substantially more engine
performance problems than commercial fuels of the same type that are
generally available across the United States. You must clearly state
that this additional maintenance is associated with the special
situation you are addressing.
(d) Noncritical emission-related maintenance. You may schedule any
amount of emission-related inspection or maintenance that is not
covered by paragraph (a) of this section, as long as you state in the
owners manual that these steps are not necessary to keep the emission-
related warranty valid. If operators fail to do this maintenance, this
does not allow you to disqualify those engines from in-use testing or
deny a warranty claim. Do not take these inspection or maintenance
steps during service accumulation on your emission-data engines.
(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, and adjusting idle speed,
governor, engine bolt torque, valve lash, or injector lash. You may
perform this nonemission-related maintenance on emission-data engines
at the least frequent intervals that you recommend to the ultimate
purchaser (but not the intervals recommended for severe service).
(f) Source of parts and repairs. State clearly on the first page of
your written maintenance instructions that a repair shop or person of
the owner's choosing may maintain, replace, or repair emission-control
devices and systems. Your instructions may not require components or
service identified by brand, trade, or corporate name. Also, do not
directly or indirectly condition your warranty on a requirement that
the equipment be serviced by your franchised dealers or any other
service establishments with which you have a commercial relationship.
You may disregard the requirements in this paragraph (f) if you do one
of two things:
(1) Provide a component or service without charge under the
purchase agreement.
(2) Get us to waive this prohibition in the public's interest by
convincing us the engine will work properly only with the identified
component or service.
(g) Payment for scheduled maintenance. Owners are responsible for
properly maintaining their engines. This generally includes paying for
scheduled maintenance. However, manufacturers must pay for scheduled
maintenance during the useful life if it meets all the following criteria:
(1) Each affected component was not in general use on similar
engines before January 1, 2004.
(2) The primary function of each affected component is to reduce
emissions.
(3) The cost of the scheduled maintenance is more than 2 percent of
the price of the engine.
(4) Failure to perform the maintenance would not cause clear
problems that would significantly degrade the engine's performance.
(h) Owners manual. Explain the owner's responsibility for proper
maintenance in the owners manual.
159. Section 1048.130 is amended by revising paragraphs (a),
(b)(3), (b)(7), and (b)(8); and by adding paragraph (d) to read as follows:

Sec. 1048.130 What installation instructions must I give to equipment
manufacturers?

(a) If you sell an engine for someone else to install in a piece of
nonroad equipment, give the engine installer instructions for
installing it consistent with the requirements of this part. Include
all information necessary to ensure that an engine will be installed in
its certified configuration.
(b)* * *
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1048.205(v).
* * * * *
(7) Describe any other instructions to make sure the installed
engine will operate according to design specifications in your
application for certification. This may include, for example,
instructions for installing aftertreatment devices when installing the
engines.
(8) State: ``If you install the engine in a way that makes the
engine's emission control information label hard to read during normal
engine maintenance, you must place a duplicate label on the equipment,
as described in 40 CFR 1068.105.''.
* * * * *
(d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available website for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation requirements.
160. Section 1048.135 is revised to read as follows:

Sec. 1048.135 How must I label and identify the engines I produce?

(a) Assign each engine a unique identification number and
permanently affix, engrave, or stamp it on the engine in a legible way.
(b) At the time of manufacture, affix a permanent and legible label
identifying each engine. The label must be--
(1) Attached in one piece so it is not removable without being
destroyed or defaced.
(2) Secured to a part of the engine needed for normal operation and
not normally requiring replacement.
(3) Durable and readable for the engine's entire life.
(4) Written in English.
(c) The label must--
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(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 provisions of Sec. 1048.635.
(3) Include EPA's standardized designation for the engine family
(and subfamily, where applicable).
(4) State the engine's displacement (in liters); however, you may
omit this from the label if all the engines in the engine family have
the same per-cylinder displacement and total displacement.
(5) State the date of manufacture [MONTH and YEAR]. You may omit
this from the label if you keep a record of the engine-manufacture
dates and provide it to us upon request.
(6) Identify the emission-control system. Use terms and
abbreviations consistent with SAE J1930 (incorporated by reference in
Sec. 1048.810). You may omit this information from the label if there
is not enough room for it and you put it in the owners manual instead.
(7) State: ``THIS ENGINE IS CERTIFIED TO OPERATE ON [specify
operating fuel or fuels].''.

[[Page 54892]]

(8) Identify any requirements for fuel and lubricants. You may omit
this information from the label if there is not enough room for it and
you put it in the owners manual instead.
(9) List specifications and adjustments for engine tuneups; show
the proper position for the transmission during tuneup and state which
accessories should be operating. You may omit this information from the
label if there is not enough room for it and you put it in the owners
manual instead.
(10) State the useful life for your engine family if it has a
longer useful life under Sec. 1048.101(g)(1) or a shortened useful
life under Sec. 1048.101(g)(2).
(11) Identify the emission standards to which you have certified
the engine.
(12) State: ``THIS ENGINE COMPLIES WITH U.S. EPA REGULATIONS FOR
[MODEL YEAR]
LARGE NONROAD SI ENGINES.''.
(13) If your engines are certified only for constant-speed
operation, state: ``USE IN CONSTANT-SPEED APPLICATIONS ONLY'.
(14) If your engines are certified only for variable-speed
operation, state: ``USE IN VARIABLE-SPEED APPLICATIONS ONLY'.
(15) If your engines are certified only for high-load engines,
state: ``THIS ENGINE IS NOT INTENDED FOR OPERATION AT LESS THAN 75
PERCENT OF FULL LOAD.''.
(16) If you certify your engines under Sec. 1048.101(d) (and show
in your application for certification that in-use engines will
experience infrequent high-load operation), state: ``THIS ENGINE IS NOT
INTENDED FOR OPERATION AT MORE THAN PERCENT OF FULL LOAD.''. Specify
the appropriate percentage of full load based on the nature of the
engine protection. You may add other statements to discourage operation
in engine-protection modes.
(17) If your engines are certified to the voluntary standards in
Sec. 1048.140, state: ``BLUE SKY SERIES'.
(d) You may add information to the emission control information
label to identify other emission standards that the engine meets or
does not meet (such as California standards). You may also add other
information to ensure that the engine will be properly maintained and used.
(e) You may ask us to approve modified labeling requirements in
this part 1048 if you show that it is necessary or appropriate. We will
approve your request if your alternate label is consistent with the
requirements of this part.
(f) If you obscure the engine label while installing the engine in
the equipment, you must place a duplicate label on the equipment. If
others install your engine in their equipment in a way that obscures
the engine label, we require them to add a duplicate label on the
equipment (see 40 CFR 1068.105); in that case, give them the number of
duplicate labels they request and keep the following records for at
least five years:
(1) Written documentation of the request from the equipment
manufacturer.
(2) The number of duplicate labels you send and the date you sent them.
161. Section 1048.140 is amended by revising paragraph (c) to read
as follows:

Sec. 1048.140 What are the provisions for certifying Blue Sky Series
engines?

* * * * *
(c) For any model year, to receive a certificate of conformity as a
``Blue Sky Series'' engine family must meet all the requirements in
this part while certifying to one of the sets of exhaust emission
standards in the following table:

Table 1 of Sec. 1048.140--Long-term Standards for Blue Sky Series Engines (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
Standards for steady-state Standards
and transient test for field-
procedures testing
Level ---------------------------- procedures CO
--------------
HC+NOX CO NC+NOX
----------------------------------------------------------------------------------------------------------------
Blue Sky................................................ 0.80 4.4 1.10 6.6
Advanced Blue Sky....................................... 0.30 3.0 0.42 4.5
Premium Blue Sky........................................ 0.15 3.0 0.21 4.5
----------------------------------------------------------------------------------------------------------------

* * * * *
162. Section 1048.145 is amended by revising the section heading
and paragraph (a) and by removing and reserving paragraph (c) to read
as follows:

Sec. 1048.145 Are there interim provisions that apply only for a
limited time?

* * * * *
(a) Family banking. This paragraph (a) allows you to reduce the
number of engines subject to the Tier 2 standards by certifying some of
your engines earlier than otherwise required, as follows:
(1) For early-compliant engines to generate offsets under this
paragraph (a), you must meet the following general provisions:
(i) You must begin actual production of early-compliant engines by
September 1, 2006.
(ii) Engines you produce after December 31, 2006 may not generate
offsets.
(iii) Offset-generating engines must be certified to the Tier 2
standards and requirements under this part 1048.
(iv) If you certify engines under the voluntary standards of Sec.
1048.140, you may not use them in your calculation under this paragraph (a).
(2) For every offset-generating engine certified to the Tier 2
standards, you may reduce the number of engines with the same maximum
engine power that are required to meet the Tier 2 standards in later
model years by one engine. You may calculate power-weighted offsets
based on actual U.S.-directed sales volumes. For example, if you
produce a total of 1,000 engines in 2005 and 2006 with an average
maximum power of 60 kW certified to the Tier 2 standards, you may delay
certification to that tier of standards for up to 60,000 kW-engine-
years in any of the following ways:
(i) Delay certification of up to 600 engines with an average
maximum power of 100 kW for one model year.
(ii) Delay certification of up to 200 engines with an average
maximum power of 100 kW for three consecutive model years.
(iii) Delay certification of up to 400 engines with an average
maximum power of 100 kW for one model year and up to 50 engines with an
average maximum power of 200 kW for two model years.
(3) Offset-using engines (that is, those not required to certify to
the Tier 2 standards) must be certified to the Tier 1 standards and
requirements of this part 1048. You may delay compliance for up to
three model years.
(4) By January 31 of each year in which you use the provisions of this

[[Page 54893]]

paragraph (a), send us a report describing how many offset-generating
or offset-using engines you produced in the preceding model year.
* * * * *
163. Section 1048.201 is revised to read as follows:

Sec. 1048.201 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
from the indicated effective date until December 31 of the model year
for which it is issued.
(b) The application must contain all the information required by
this part and must not include false or incomplete statements or
information (see Sec. 1048.255).
(c) We may ask you to include less information than we specify in
this subpart, as long as you maintain all the information required by
Sec. 1048.250.
(d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
(e) An authorized representative of your company must approve and
sign the application.
(f) See Sec. 1048.255 for provisions describing how we will
process your application.
(g) We may require you to deliver your test engines to a facility
we designate for our testing (see Sec. 1048.235(c)).
164. Section 1048.205 is revised to read as follows:

Sec. 1048.205 What must I include in my application?

This section specifies the information that must be in your
application, unless we ask you to include less information under Sec.
1048.201(c). We may require you to provide additional information to
evaluate your application.
(a) Describe the engine family's specifications and other basic
parameters of the engine's design and emission controls. List the fuel
types on which your engines are designed to operate (for example,
gasoline and natural gas). List each distinguishable engine
configuration in the engine family.
(b) Explain how the emission-control system operates. Describe in
detail all system components for controlling exhaust emissions,
including all auxiliary-emission control devices (AECDs) and all fuel-
system components you will install on any production or test engine.
Describe the evaporative emission controls. Identify the part number of
each component you describe. For this paragraph (b), treat as separate
AECDs any devices that modulate or activate differently from each
other. Include all the following:
(1) Give a general overview of the engine, the emission-control
strategies, and all AECDs.
(2) Describe each AECD's general purpose and function.
(3) Identify the parameters that each AECD senses (including
measuring, estimating, calculating, or empirically deriving the
values). Include equipment-based parameters and state whether you
simulate them during testing with the applicable procedures.
(4) Describe the purpose for sensing each parameter.
(5) Identify the location of each sensor the AECD uses.
(6) Identify the threshold values for the sensed parameters that
activate the AECD.
(7) Describe the parameters that the AECD modulates (controls) in
response to any sensed parameters, including the range of modulation
for each parameter, the relationship between the sensed parameters and
the controlled parameters and how the modulation achieves the AECD's
stated purpose. Use graphs and tables, as necessary.
(8) Describe each AECD's specific calibration details. This may be
in the form of data tables, graphical representations, or some other
description.
(9) Describe the hierarchy among the AECDs when multiple AECDs
sense or modulate the same parameter. Describe whether the strategies
interact in a comparative or additive manner and identify which AECD
takes precedence in responding, if applicable.
(10) Explain the extent to which the AECD is included in the
applicable test procedures specified in subpart F of this part.
(11) Do the following additional things for AECDs designed to
protect engines or equipment:
(i) Identify the engine and/or equipment design limits that make
protection necessary and describe any damage that would occur without
the AECD.
(ii) Describe how each sensed parameter relates to the protected
components' design limits or those operating conditions that cause the
need for protection.
(iii) Describe the relationship between the design limits/
parameters being protected and the parameters sensed or calculated as
surrogates for those design limits/parameters, if applicable.
(iv) Describe how the modulation by the AECD prevents engines and/
or equipment from exceeding design limits.
(v) Explain why it is necessary to estimate any parameters instead
of measuring them directly and describe how the AECD calculates the
estimated value, if applicable.
(vi) Describe how you calibrate the AECD modulation to activate
only during conditions related to the stated need to protect components
and only as needed to sufficiently protect those components in a way
that minimizes the emission impact.
(c) Explain how the engine diagnostic system works, describing
especially the engine conditions (with the corresponding diagnostic
trouble codes) that cause the malfunction-indicator light to go on.
Propose what you consider to be extreme conditions under which the
diagnostic system should disregard trouble codes, as described in Sec.
1048.110.
(d) Describe the engines you selected for testing and the reasons
for selecting them.
(e) Describe the test equipment and procedures that you used,
including any special or alternate test procedures you used (see Sec.
1048.501).
(f) Describe how you operated the emission-data engine before
testing, including the duty cycle and the number of engine operating
hours used to stabilize emission levels. Explain why you selected the
method of service accumulation. Describe any scheduled maintenance you did.
(g) List the specifications of each test fuel to show that it falls
within the required ranges we specify in 40 CFR part 1065, subpart H.
(h) Identify the engine family's useful life.
(i) Include the maintenance instructions you will give to the
ultimate purchaser of each new nonroad engine (see Sec. 1048.125).
(j) Include the emission-related installation instructions you will
provide if someone else installs your engines in a piece of nonroad
equipment (see Sec. 1048.130).
(k) Identify each high-cost warranted part and show us how you
calculated its replacement cost, including the estimated retail cost of
the part, labor rates, and labor hours to diagnose and replace
defective parts.
(l) Describe your emission control information label (see Sec.
1048.135).
(m) Identify the emission standards to which you are certifying
engines in the engine family.
(n) Identify the engine family's deterioration factors and describe
how you developed them (see Sec. 1048.245).

[[Page 54894]]

Present any emission test data you used for this.
(o) State that you operated your emission-data engines as described
in the application (including the test procedures, test parameters, and
test fuels) to show you meet the requirements of this part.
(p) Present emission data to show that you meet emission standards,
as follows:
(1) Present exhaust emission data for HC, NO_X, and CO on
an emission-data engine to show your engines meet the applicable duty-
cycle emission standards we specify in Sec. 1048.101. Show emission
figures before and after applying adjustment factors for deterioration
factors for each engine. Include test data for each type of fuel from
40 CFR part 1065, subpart H, on which you intend for engines in the
engine family to operate (for example, gasoline, liquefied petroleum
gas, methanol, or natural gas). If we specify more than one grade of
any fuel type (for example, a summer grade and winter grade of
gasoline), you only need to submit test data for one grade, unless the
regulations of this part specify otherwise for your engine. Note that
Sec. 1048.235 allows you to submit an application in certain cases
without new emission data.
(2) If your engine family includes a volatile liquid fuel (and you
do not use design-based certification under Sec. 1048.245), present
evaporative test data to show your vehicles meet the evaporative
emission standards we specify in subpart B of this part. Show these
figures before and after applying deterioration factors, where applicable.
(q) State that all the engines in the engine family comply with the
field-testing emission standards we specify in Sec. 1048.104 for all
normal operation and use when tested as specified in Sec. 1048.515.
Describe any relevant testing, engineering analysis, or other
information in sufficient detail to support your statement.
(r) For engines with maximum engine power above 560 kW, include
information showing how your emission controls will function during
normal in-use transient operation. For example, this might include the
following:
(1) Emission data from transient testing of engines using
measurement systems designed for measuring in-use emissions.
(2) Comparison of the engine design for controlling transient
emissions with that from engines for which you have emission data over
the transient duty cycle for certification.
(3) Detailed descriptions of control algorithms and other design
parameters for controlling transient emissions.
(s) Report all test results, including those from invalid tests or
from any other tests, whether or not they were conducted according to
the test procedures of subpart F of this part. If you measure
CO₂, report those emission levels. We may ask you to send
other information to confirm that your tests were valid under the
requirements of this part and 40 CFR part 1065.
(t) Describe all adjustable operating parameters (see Sec.
1048.115(e)), including production tolerances. Include the following in
your description of each parameter:
(1) The nominal or recommended setting.
(2) The intended physically adjustable range.
(3) The limits or stops used to establish adjustable ranges.
(4) Information showing why the limits, stops, or other means of
inhibiting adjustment are effective in preventing adjustment of
parameters on in-use engines to settings outside your intended
physically adjustable ranges.
(u) Provide the information to read, record, and interpret all the
information broadcast by an engine's onboard computers and electronic
control units. State that, upon request, you will give us any hardware,
software, or tools we would need to do this. If you broadcast a
surrogate parameter for torque values, you must provide us what we need
to convert these into torque units. You may reference any appropriate
publicly released standards that define conventions for these messages
and parameters. Format your information consistent with publicly
released standards.
(v) Confirm that your emission-related installation instructions
specify how to ensure that sampling of exhaust emissions will be
possible after engines are installed in equipment and placed in
service. If this cannot be done by simply adding a 20-centimeter
extension to the exhaust pipe, show how to sample exhaust emissions in
a way that prevents diluting the exhaust sample with ambient air.
(w) State whether your engine will operate in variable-speed
applications, constant-speed applications, or both. If your
certification covers only constant-speed or only variable-speed
applications, describe how you will prevent use of these engines in
applications for which they are not certified.
(x) Unconditionally certify that all the engines in the engine
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act.
(y) Include estimates of U.S.-directed production volumes.
(z) Include other applicable information, such as information
specified in this part or part 1068 of this chapter related to requests
for exemptions.
165. Section 1048.210 is revised to read as follows:

Sec. 1048.210 May I get preliminary approval before I complete my
application?

If you send us information before you finish the application, we
will review it and make any appropriate determinations, especially for
questions related to engine family definitions, auxiliary emission-
control devices, deterioration factors, testing for service
accumulation, and maintenance. Decisions made under this section are
considered to be preliminary approval, subject to final review and
approval. If you request preliminary approval related to the upcoming
model year or the model year after that, we will make best-efforts to
make the appropriate determinations as soon as practicable. We will
generally not provide preliminary approval related to a future model
year more than two years ahead of time.

1048.215 [Removed]

166. Section 1048.215 is removed.
167. Section 1048.220 is revised to read as follows:

Sec. 1048.220 How do I amend the maintenance instructions in my
application?

You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec. 1048.125.
You must send the Designated Compliance Officer a request to amend your
application for certification for an engine family if you want to
change the emission-related maintenance instructions in a way that
could affect emissions. In your request, describe the proposed changes
to the maintenance instructions. We will disapprove your request if we
determine that the amended instructions are inconsistent with
maintenance you performed on emission-data engines.
(a) If you are decreasing the specified maintenance, you may
distribute the new maintenance instructions to your customers 30 days
after we receive your request, unless we disapprove your request. We
may approve a shorter time or waive this requirement.
(b) If your requested change would not decrease the specified
maintenance,

[[Continued on page 54895]]

278. Remove Sec. 1068.540.

[FR Doc. 04-19223 Filed 9-9-04; 8:45 am]
BILLING CODE 6560-50-P

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