[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.090-21]
[Page 114-117]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND
ENGINES--Table of Contents
Subpart A_General Provisions for Emission Regulations for 1977 and Later
Sec. 86.090-21 Application for certification.
(a) A separate application for a certificate of conformity shall be
made for each set of standards (or family emission limits, as
appropriate) and each class of new motor vehicles or new motor vehicle
engines. Such application shall be made to the Administrator by the
manufacturer and shall be updated and corrected by amendment.
(b) The application shall be in writing, signed by an authorized
representative of the manufacturer, and shall include the following:
(1)(i) Identification and description of the vehicles (or engines)
covered by the application and a description of their engine (vehicles
only), emission control system and fuel system components. This shall
include a detailed description of each auxiliary emission control device
(AECD) to be installed in or on any certification test vehicle (or
certification test engine).
(ii)(A) The manufacturer shall provide to the Administrator in the
application for certification:
(1) A list of those parameters which are physically capable of being
adjusted (including those adjustable parameters for which access is
difficult) and that, if adjusted to settings other than the
manufacturer's recommended setting, may affect emissions;
(2) A specification of the manufacturer's intended physically
adjustable range of each such parameter, and the production tolerances
of the limits or stops used to establish the physically adjustable
range;
(3) A description of the limits or stops used to establish the
manufacturer's intended physically adjustable range of each adjustable
parameter, or any other means used to inhibit adjustment;
(4) The nominal or recommended setting, and the associated
production tolerances, for each such parameter.
(B) The manufacturer may provide, in the application for
certification, information relating to why certain parameters are not
expected to be adjusted in actual use and to why the physical limits or
stops used to establish the physically adjustable range of each
parameter, or any other means
[[Page 115]]
used to inhibit adjustment, are expected to be effective in preventing
adjustment of parameters on in-use vehicles to settings outside the
manufacturer's intended physically adjustable ranges. This may include
results of any tests to determine the difficulty of gaining access to an
adjustment or exceeding a limit as intended or recommended by the
manufacturer.
(C) The Administrator may require to be provided detailed drawings
and descriptions of the various emission related components, and/or
hardware samples of such components, for the purpose of making his
determination of which vehicle or engine parameter will be subject to
adjustment for new certification and Selective Enforcement Audit testing
and of the physically adjustable range for each such vehicle or engine
parameter.
(2) Projected U.S. sales data sufficient to enable the Administrator
to select a test fleet representative of the vehicles (or engines) for
which certification is requested. The sales data shall also include the
altitude of intended sale for light-duty trucks.
(3) A description of the test equipment and fuel proposed to be
used.
(4)(i) For light-duty vehicles and light duty trucks, a description
of the test procedures to be used to establish the evaporative emission
deterioration factors required to be determined and supplied in Sec.
86.090-23(b)(2).
(ii) For heavy duty vehicles equipped with gasoline-fueled or
methanol-fueled engines, the Administrator does not assume that each
evaporative emission family-evaporative emission control system
combination will deteriorate in a unique manner during the useful life
of the vehicle. The manufacturer shall therefore identify those
evaporative emission deterioration factors which shall be applied to the
various evaporative emission family-evaporative emission control system
combinations which are expected to exhibit similar deterioration
characteristics during the useful life of the vehicle.
(iii)(A) A description of the test procedures to be used to
establish the durability data or the exhaust emission deterioration
factors required to be determined and supplied in Sec. 86.088-23(b)(1).
(B)(1) For engine families provided an alternative useful-life
period under paragraph (f) of this section, a statement of that
alternative period and a brief synopsis of the justification.
(2) For heavy-duty diesel engine families, a statement of the
primary intended service class (light, medium, or heavy) and an
explanation as to why that service class was selected. Each diesel
engine family shall be certified under one primary intended service
class only. After reviewing the guidance in Sec. 86.085-2, the class
shall be determined on the basis of which class best represents the
majority of the sales of that engine family.
(C)(1) A statement of recommended maintenance and procedures
necessary to assure that the vehicles (or engines) covered by a
certificate of conformity in operation conform to the regulations, and a
description of the program for training of personnel for such
maintenance, and the equipment required.
(2) A description of vehicle adjustments or modifications necessary,
if any, to assure that light-duty vehicles and light-duty trucks covered
by a certificate of conformity conform to the regulations while being
operated at any altitude locations, and a statement of the altitude at
which the adjustments or modifications apply.
(D) At the option of the manufacturer, the proposed composition of
the emission-data test fleet or (where applicable) the durability-data
test fleet.
(5)(i)(A) If the manufacturer elects to participate in the
particulate averaging program for diesel light-duty vehicles and/or
diesel light-duty trucks, the application must list the family
particulate emission limit and the projected U.S. production volume of
the family for the model year.
(B) The manufacturer shall choose the level of the family
particulate emission limits, accurate to one-hundredth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family diesel particulate emission limit(s) by
submitting the new limit(s) to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.085-2 and Sec.
86.088-28(b)(5)(i).
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(ii)(A) If the manufacturer elects to participate in the
NOX averaging program for light-duty trucks, the application
must list the family NOX emission limit and the projected
U.S. production volume of the family for the model year.
(B) The manufacturer shall choose the level of the family
NOX emission limits, accurate to one-tenth of a gram per
mile.
(C) The manufacturer may at any time during production elect to
change the level of any family NOX emission limit(s) by
submitting the new limits to the Administrator and by demonstrating
compliance with the limit(s) as described in Sec. 86.088-2 and Sec.
86.088-28(b)(5)(ii).
(iii) If the manufacturer elects to participate in any of the
particulate and/or the NOX banking programs for heavy-duty
engines, the application must list the information required in
Sec. Sec. 86.091-15 and 86.090-23.
(6)(i) For Otto-cycle heavy-duty engines, the application must state
whether the engine family is being certified for use in all vehicles
regardless of their Gross Vehicle Weight Rating (see Sec. 86.088-10
(a)(1)(i) and (a)(3)(i)), or, only for use in vehicles with a Gross
Vehicle Weight Rating greater than 14,000 pounds.
(ii) If the engine family is being certified for use in all vehicles
and, is being certified to the emission standards applicable to Otto-
cycle heavy-duty engines for use only in vehicles with a Gross Vehicle
Weight Rating over 14,000 pounds under the provisions of paragraph
(a)(3) of Sec. 86.088-10, then the application must also attest that
the engine family, together with all other engine families being
certified under the provisions of paragraph (a)(3) of Sec. 86.088-10,
represent no more than 5 percent of model year sales of the manufacturer
of all Otto-cycle heavy duty engines for use in vehicles with Gross
Vehicle Weight Ratings of up to 14,000 pounds.
(iii)(A) A description of the test procedures to be used to
establish the durability data or the exhaust emission deterioration
factors required to be determined and supplied in Sec. 86.088-23(b)(1).
(B)(1) A statement of the useful life of use of each light-duty
truck engine family and heavy-duty engine family.
(2) For engine families provided an alternative useful life period
under paragraph (f) of this section, a statement of that alternative
period and a brief synopsis of the justification.
(3) For heavy-duty diesel engine families, a statement of the
primary intended service class (light, medium, or heavy) and an
explanation as to why that service class was selected. Each diesel
engine family shall be certified under one primary intended service
class only. After reviewing the guidance in Sec. 86.085-2, the class
shall be determined on the basis of which class best represents the
majority of the sales of that engine family.
(7) For each light-duty vehicle engine family, a statement of
recommended maintenance and procedures necessary to assure that the
vehicles (or engines) covered by a certificate of conformity in
operation conform to the regulations, and a description of the program
for training of personnel for such maintenance and the equipment
required.
(8) For each light-duty vehicle engine family, the proposed
composition of the emission-data test fleet and the durability-data test
fleet.
(c) Complete copies of the application and of any amendments
thereto, and all notifications under Sec. 86.079-32, Sec. 86.079-33,
and Sec. 86.082-84 shall be submitted in such multiple copies as the
Administrator may require.
(d) Incomplete light-duty trucks shall have a maximum completed curb
weight and maximum completed frontal area specified by the manufacturer.
(e) For vehicles equipped with gasoline-fueled or methanol-fueled
heavy-duty engines, the manufacturer shall specify a maximum nominal
fuel tank capacity for each evaporative emission family-evaporative
emission control system combination.
(f) Light-duty truck and heavy-duty engine manufacturers who believe
that the useful life periods of Sec. 86.085-2 are significantly
unrepresentative for one or more engine families (either too long or too
short), may petition the Administrator to provide an alternative useful-
life period. This petition must include the full rationale behind
[[Page 117]]
the request together with any supporting data and other evidence. Based
on this or other information the Administrator may assign an alternative
useful-life period. Any petition should be submitted in a timely manner,
to allow adequate time for a thorough evaluation.
[54 FR 14468, Apr. 11, 1989, as amended at 55 FR 30618, July 26, 1990]