[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: 40CFR86.096-23] [Page 344-345] 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. 86.096-23 Required data. Section 86.096-23 includes text that specifies requirements that differ from those specified in Sec. 86.095-23. Where a paragraph in Sec. 86.095-23 is identical and applicable to Sec. 86.096-23, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]''. For guidance see Sec. 86.095-23. (a)-(l) [Reserved]. For guidance see Sec. 86.095-23. (m) Additionally, except for small-volume manufacturers, manufacturers certifying vehicles shall submit for each model year 1996 through 1998 light-duty vehicle, light-duty truck, and gasoline-fueled heavy-duty vehicle evaporative family: (1) In the application for certification the projected sales volume of evaporative families certifying to the respective evaporative test procedure and accompanying standards as set forth or otherwise referenced in Sec. Sec. 86.090-8, 86.090-9, and 86.091-10 or those set forth or otherwise referenced in Sec. Sec. 86.096-8, 86.096-9, and 86.096-10. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales. (2) End-of-year reports for each evaporative family. (i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. [[Page 345]] (ii) These reports shall indicate the model year, evaporative family and the actual U.S. sales volume. The manufacturer may petition the Administrator to allow volume produced for U.S. sale to be used in lieu of U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that production volume is functionally equivalent to sales volume. (iii) The U.S. sales volume for end-of-year reports shall be based on the location of the point of sale to a dealer, distributor, fleet operator, broker, or any other entity that comprises the point of first sale. (iv) Failure by a manufacturer to submit the end-of-year report within the specified time may result in certificate(s) for the evaporative family(ies) certified to the certification standards set forth in Sec. Sec. 86.090-8, 86.090-9, and 86.091-10 being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency. (v) The information shall be organized in such a way as to allow the Administrator to determine compliance with the Evaporative Emission Testing implementation schedules of Sec. Sec. 86.096-8, 86.096-9, and 86.096-10. [58 FR 16023, Mar. 24, 1993, as amended at 58 FR 66297, Dec. 20, 1993]