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• Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds

Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000 Pounds

PDF Version (20 pp, 371K, About PDF)

[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8409-8428]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe09-29]

Control of Air Pollution From New Motor Vehicles and New Motor
Vehicle Engines; Regulations Requiring Onboard Diagnostic Systems on
2010 and Later Heavy-Duty Engines Used in Highway Applications Over
14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel
Highway Heavy-Duty Vehicles Under 14,000 Pounds

[[Continued from page 8408]]

[[Page 8409]]

data stream information from systems or modules that do not impact emissions.
    (D) Emissions-related information means any information related to
the diagnosis, service, and repair of emissions-related components.
Emissions-related information includes, but is not limited to,
information regarding any system, component or part of a vehicle that
controls emissions and any system, component and/or part associated
with the powertrain system, including, but not limited to:
    (1) The engine, the fuel system and ignition system,
    (2) Information for any system, component or part that is likely to
impact emissions, such as transmission systems, and any other
information specified by the Administrator to be relevant to the
diagnosis and repair of an emissions-related problem; and
    (3) Any other information specified by the Administrator to be
relevant for the diagnosis and repair of an emissions-related failure
found through the inspection and maintenance program after such finding
has been communicated to the affected manufacturer(s).
    (E) Emissions-related training information means any information-
related training or instruction for the purpose of the diagnosis,
service, and repair of emissions-related components.
    (F) Enhanced service and repair information means information which
is specific for an original equipment manufacturer's brand of tools and
equipment. This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on motor vehicles that employ integral vehicle security systems.
    (G) Equipment and tool company means a registered automotive
equipment or software company either public or private that is engaged
in, or plans to engage in, the manufacture of automotive scan tool
reprogramming equipment or software.
    (H) Generic service and repair information means information which
is not specific for an original equipment manufacturer's brand of tools
and equipment.
    (I) Indirect information means any information that is not
specifically contained in the service literature, but is contained in
items such as tools or equipment provided to franchised dealers (or
others). This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on motor vehicles that employ integral vehicle security systems.
    (J) Intermediary means any individual or entity, other than an
original equipment manufacturer, which provides service or equipment to
aftermarket service providers.
    (K) Manufacturer-franchised dealership means any service provider
with which a manufacturer has a direct business relationship.
    (L) Third-party information provider means any individual or
entity, other than an original equipment manufacturer, who consolidates
manufacturer service information and makes this information available
to aftermarket service providers.
    (M) Third-party training provider means any individual or entity,
other than an original equipment manufacturer who develops and/or
delivers instructional and educational material for automotive training
courses.
    (3) Information dissemination. By December 24, 2003, each
manufacturer was required to provide or cause to be provided to the
persons specified in paragraph (g)(2)(i) of this section and to any
other interested parties a manufacturer-specific World Wide Web site
containing the information specified in paragraph (g)(2)(i) of this
section for 1996 and later model year vehicles which have been offered
for sale; this requirement does not apply to indirect information,
including the information specified in paragraphs (g)(12) through
(g)(16) of this section. Upon request and approval of the
Administrator, manufacturers who can demonstrate significant hardship
in complying with this provision by December 26, 2003, may request an
additional six months lead time to meet this requirement. Each
manufacturer Web site shall:
    (i) Provide access in full-text to all of the information specified
in paragraph (g)(5) of this section.
    (ii) Be updated at the same time as manufacturer-franchised
dealership World Wide Web sites;
    (iii) Provide users with a description of the minimum computer
hardware and software needed by the user to access that manufacturer's
information (e.g., computer processor speed and operating system
software). This description shall appear when users first log-on to the
home page of the manufacturer Web site.
    (iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period),
and Long-Term (365 day period) Web site subscription options to any
person specified in paragraph (g)(2)(i) of this section whereby the
user will be able to access the site, search for the information, and
purchase, view and print the information at a fair and reasonable cost
as specified in paragraph (g)(7) of this section for each of the
subscription options. In addition, for each of the subscription
options, manufacturers are required to make their entire site
accessible for the respective period of time and price. In other words,
a manufacturer may not limit any or all of the subscription options to
just one make or one model.
    (v) Allow the user to search the manufacturer Web site by various
topics including but not limited to model, model year, key words or
phrases, etc., while allowing ready identification of the latest
vehicle calibration. Manufacturers who do not use model year to
classify their vehicles in their service information may use an
alternate vehicle delineation such as body series. Any manufacturer
utilizing this flexibility shall create a cross-reference to the
corresponding model year and provide this cross-reference on the
manufacturer Web site home page.
    (vi) Provide accessibility using common, readily available software
and shall not require the use of software, hardware, viewers, or
browsers that are not readily available to the general public.
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or
browsers (e.g., Adobe Acrobat or Netscape) needed to access the
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from
government Web sites and automotive-related Web sites.
    (viii) Allow access to the manufacturer Web site with no limits on
the modem speed by which aftermarket service providers or other
interested parties can connect to the manufacturer Web site.
    (ix) Possess sufficient server capacity to allow ready access by
all users and have sufficient capacity to assure that all users may
obtain needed information without undue delay.
    (x) Correct or delete broken Web links on a weekly basis.
    (xi) Allow for Web site navigation that does not require a user to
return to the manufacturer home page or a search engine in order to
access a different portion of the site.
    (xii) Allow users to print out any and all of the materials
required to be made available on the manufacturer Web site including
the ability to print it at the user's location.
    (4) Small volume provisions for information dissemination.
    (i) Manufacturers with annual sales of less than 5,000 vehicles had
until June 28, 2004 to launch their individual Web sites as required by
paragraph (g)(3) of this section.

[[Page 8410]]

    (ii) Manufacturers with annual sales of less than 1,000 vehicles
may, in lieu of meeting the requirement of paragraph (g)(3) of this
section, request the Administrator to approve an alternative method by
which the required emissions-related information can be obtained by the
persons specified in paragraph (g)(2)(i) of this section.
    (5) Required information. All information relevant to the diagnosis
and completion of emissions-related repairs shall be posted on
manufacturer Web sites. This excludes indirect information specified in
paragraphs (g)(6) and (g)(12) through (g)(16) of this section. To the
extent that this information does not already exist in some form for
their manufacturer franchised dealerships, manufacturers are required
to develop and make available the information required by this section
to both their manufacturer franchised dealerships and the aftermarket.
The required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by
a manufacturer's third party supplier that are made available to
manufacturer franchised dealerships, technical service bulletins
(TSBs), recall service information, diagrams, charts, and training
materials. Manuals and other such service information from third party
suppliers are not required to be made available in full-text on
manufacturer Web sites as described in paragraph (g)(3) of this
section. Rather, manufacturers must make available on the manufacturer
Web site as required by paragraph (g)(3) of this section an index of
the relevant information and instructions on how to order such third
party information. In the alternative, a manufacturer can create a link
from its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to,
the following:
    (A) A general description of the operation of each monitor,
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes
associated with each monitor;
    (C) A description of the typical enabling conditions (either
generic or monitor-specific) for each monitor (if equipped) to execute
during vehicle operation, including, but not limited to, minimum and
maximum intake air and engine coolant temperature, vehicle speed range,
and time after engine startup. In addition, manufacturers shall list
all monitor-specific OBD drive cycle information for all major OBD
monitors as equipped including, but not limited to, catalyst, catalyst
heater, oxygen sensor, oxygen sensor heater, evaporative system,
exhaust gas re-circulation (EGR), secondary air, and air conditioning
system. Additionally, for diesel vehicles under 14,000 pounds. GVWR
which also perform misfire, fuel system and comprehensive component
monitoring under specific driving conditions (i.e., non-continuous
monitoring; as opposed to spark ignition engines that monitor these
systems under all conditions or continuous monitoring), the
manufacturer shall make available monitor-specific drive cycles. Any
manufacturer who develops generic drive cycles, either in addition to,
or instead of, monitor-specific drive cycles shall also make these
available in full-text on manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific vehicles that deviate from the
typical parameters, the OBD description shall indicate the deviation
and provide a separate listing of the typical values for those vehicles;
    (G) Identification and scaling information necessary to interpret
and understand data available to a generic scan tool through ``mode
6,'' pursuant to SAE J1979 (as specified in paragraph (g)(17) of this
section).
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a
vehicle monitored by the OBD system that could in a failure mode cause
the OBD system to illuminate the malfunction indicator light (MIL);
    (iv) Any information on other systems that can effect the emission
system within a multiplexed system (including how information is sent
between emission-related system modules and other modules on a
multiplexed bus);
    (v) Manufacturer-specific emissions-related diagnostic trouble
codes (DTCs) and any related service bulletins, trouble shooting
guides, and/or repair procedures associated with these manufacturer-
specific DTCs; and
    (vi) Information regarding how to obtain the information needed to
perform reinitialization of any vehicle computer or anti-theft system
following an emissions-related repair.
    (6) Anti-theft system initialization information. Computer or anti-
theft system initialization information and/or related tools necessary
for the proper installation of on-board computers or necessary for the
completion of any emissions-related repair on motor vehicles that
employ integral vehicle security systems or the repair or replacement
of any other emission-related part shall be made available at a fair
and reasonable cost to the persons specified in paragraph (g)(2)(i) of
this section.
    (i) Except as provided under paragraph (g)(6)(ii) of this section,
manufacturers must make this information available to persons specified
in paragraph (g)(2)(i) of this section, such that such persons will not
need any special tools or manufacturer-specific scan tools to perform
the initialization. Manufacturers may make such information available
through, for example, generic aftermarket tools, a pass-through device,
or inexpensive manufacturer-specific cables.
    (ii) A manufacturer may request Administrator approval for an
alternative means to re-initialize vehicles for some or all model year
vehicles through the 2007 model year by September 26, 2003. The
Administrator shall approve the request only after the following
conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such
information to aftermarket service providers would significantly
increase the risk of vehicle theft.
    (B) The manufacturer must make available a reasonable alternative
means to install or repair computers, or to otherwise repair or replace
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require
aftermarket technicians to use a manufacturer franchised dealership to
obtain information or special tools to re-initialize the anti-theft
system. All information must come directly from the manufacturer or a
single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool
or tools, including manufacturer-specific tools, to complete this
repair. Alternatives may include lease of such tools, but only for
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet
this requirement, a manufacturer may also release the necessary
information to equipment and tool manufacturers for incorporation into
aftermarket scan tools. Any manufacturer choosing this

[[Page 8411]]

option must release the information to equipment and tool manufacturers
within 60 days of Administrator approval. Manufacturers may also comply
with this requirement using SAE J2534 (as specified in paragraph
(g)(17) of this section) for some or all model years through model year 2007.
    (7) Cost of required information.
    (i) All information required to be made available by this section
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
    (A) The net cost to the manufacturer-franchised dealerships for
similar information obtained from manufacturers, less any discounts,
rebates, or other incentive programs.
    (B) The cost to the manufacturer for preparing and distributing the
information, excluding any research and development costs incurred in
designing and implementing, upgrading or altering the onboard computer
and its software or any other vehicle part or component. Amortized
capital costs for the preparation and distribution of the information
may be included.
    (C) The price charged by other manufacturers for similar information.
    (D) The price charged by manufacturers for similar information
prior to the launch of manufacturer Web sites.
    (E) The ability of aftermarket technicians or shops to afford the
information.
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the
number of users, and frequency, duration, and volume of use.
    (H) Inflation.
    (ii) By August 25, 2003, each manufacturer was required to submit
to the Administrator a request for approval of their pricing structure
for their Web sites and amounts to be charged for the information
required to be made available under paragraphs (g)(3) and (g)(5) of
this section. Subsequent to the approval of the manufacturer Web site
pricing structure, manufacturers shall notify the Administrator upon
the increase in price of any one or all of the subscription options of
20 percent or more above the previously-approved price, taking
inflation into account.
    (A) The manufacturer shall submit a request to the Administrator
that sets forth a detailed description of the pricing structure and
amounts, and support for the position that the pricing structure and
amounts are fair and reasonable by addressing, at a minimum, each of
the factors specified in paragraph (g)(7)(i) of this section.
    (B) The Administrator will act upon the request within 180 days
following receipt of a complete request or following receipt of any
additional information requested by the Administrator.
    (C) The Administrator may decide not to approve, or to withdraw
approval for a manufacturer's pricing structure and amounts based on a
conclusion that this pricing structure and/or amounts are not, or are
no longer, fair and reasonable, by sending written notice to the
manufacturer explaining the basis for this decision.
    (D) In the case of a decision by the Administrator not to approve
or to withdraw approval, the manufacturer shall within three months
following notice of this decision, obtain Administrator approval for a
revised pricing structure and amounts by following the approval process
described in this paragraph (g)(7)(ii).
    (8) Unavailable information. Any information which is not provided
at a fair and reasonable price shall be considered unavailable, in
violation of these regulations and section 202(m)(5) of the Clean Air Act.
    (9) Third-party information providers. By December 24, 2003,
manufacturers shall, for model year 2004 and later vehicles and
engines, make available to third-party information providers as defined
in paragraph (g)(2)(ii) of this section with whom they engage in
licensing or business arrangements;
    (i) The required emissions-related information as specified in
paragraph (g)(5) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph
(g)(3) of this section;
    (ii) For any manufacturer who utilizes an automated process in
their manufacturer-specific scan tool for diagnostic fault trees, the
data schema, detail specifications, including category types/codes and
vehicle codes, and data format/content structure of the diagnostic
trouble trees.
    (iii) Manufacturers can satisfy the requirement of paragraph
(g)(9)(ii) of this section by making available diagnostic trouble trees
on their manufacturer Web sites in full-text.
    (iv) Manufacturers are not responsible for the accuracy of the
information distributed by third parties. However, where manufacturers
charge information intermediaries for information, whether through
licensing agreements or other arrangements, manufacturers are
responsible for inaccuracies contained in the information they provide
to third-party information providers.
    (10) Required emissions-related training information. By December
24, 2003, for emissions-related training information, manufacturers
were required to:
    (i) Video tape or otherwise duplicate and make available for sale
on manufacturer Web sites within 30 days after transmission any
emissions-related training courses provided to manufacturer franchised
dealerships via the Internet or satellite transmission;
    (ii) Provide on the manufacturer Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 1994 and newer vehicles. For model
years subsequent to 2003, the required information must be made
available for purchase within 3 months of model introduction and then
must be made available at the same time it is made available to
manufacturer franchised dealerships, whichever is earlier. The index
shall describe the title of the course or instructional session, the
cost of the video tape or duplicate, and information on how to order
the item(s) from the manufacturer Web site. All of the items available
must be shipped within 24 hours of the order being placed and are to be
made available at a fair and reasonable price as described in paragraph
(g)(7) of this section. Manufacturers unable to meet the 24 hour
shipping requirement under circumstances where orders exceed supply and
additional time is needed by the distributor to reproduce the item
being ordered, may exceed the 24 hour shipping requirement, but in no
instance can take longer than 14 days to ship the item.
    (iii) Provide access to third-party training providers as defined
in paragraph (g)(2)(ii) of this section all emission-related training
courses transmitted via satellite or Internet offered to their
manufacturer franchised dealerships. Manufacturers may not charge
unreasonable up-front fees to third-party training providers for this
access, but may require a royalty, percentage, or other arranged fee
based on per-use enrollment/subscription basis. Manufacturers may take
reasonable steps to protect any copyrighted information and are not
required to provide this information to parties that do not agree to
such steps.
    (11) Timeliness and maintenance of information dissemination.
    (i) General Requirements. Subsequent to the initial launch of the
manufacturer's Web site, manufacturers

[[Page 8412]]

must make the information required under paragraph (g)(5) of this
section available on their Web site within six months of model
introduction, or at the same time it is made available to manufacturer
franchised dealerships, whichever is earlier. After this six-month
period, the information must be available and updated on the
manufacturer Web site at the same time that the updated information is
made available to manufacturer franchised dealerships, except as
otherwise specified in this section.
    (ii) Archived information. Beginning with the 1996 model year,
manufacturers must maintain the required information on their Web sites
in full-text as defined in paragraph (g)(5) of this section for a
minimum of 15 years after model introduction. Subsequent to this
fifteen year period, manufacturers may archive the information in the
manufacturer's format of choice and provide an index of the archived
information on the manufacturer Web site and how it can be obtained by
interested parties. Manufacturers shall index their available
information with a title that adequately describes the contents of the
document to which it refers. Manufacturers may allow for the ordering
of information directly from their Web site, or from a Web site
hyperlinked to the manufacturer Web site. In the alternative,
manufacturers shall list a phone number and address where aftermarket
service providers can call or write to obtain the desired information.
Manufacturers must also provide the price of each item listed, as well
as the price of items ordered on a subscription basis. To the extent
that any additional information is added or changed for these model
years, manufacturers shall update the index as appropriate.
Manufacturers will be responsible for ensuring that all information,
including information that is distributed through information
distributors, is provided within one regular business day of receiving
the order. Items that are less than 20 pages (e.g. technical service
bulletins) shall be faxed, if requested, to the requestor and
manufacturers are required to deliver the information overnight if
requested and paid for by the ordering party. Archived information must
be made available on demand and at a fair and reasonable price.
    (12) Reprogramming information.
    (i) For model years 1996 and later, manufacturers shall make
available to the persons specified in paragraph (g)(2)(i) of this
section all emissions-related recalibration or reprogramming events
(including driveability reprogramming events that may affect emissions)
in the format of its choice at the same time they are made available to
manufacturer franchised dealerships. This requirement takes effect on
September 25, 2003, and within 3 months of model introduction for all
new model years.
    (ii) For model years 1996 and later manufacturers shall provide
persons specified in paragraph (g)(2)(i) of this section with an
efficient and cost-effective method for identifying whether the
calibrations on vehicles are the latest to be issued. This requirement
takes effect on September 25, 2003, and within 3 months of model
introduction for all new model years.
    (iii) For all 2004 and later OBD vehicles equipped with
reprogramming capability, manufacturers shall comply with SAE J2534 (as
specified in paragraph (g)(17) of this section). Any manufacturer who
cannot comply with SAE J2534 in model year 2004 may request one year
additional lead time from the Administrator.
    (iv) For model years 2004 and later, manufacturers shall make
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate
pass-through reprogramming. This software shall be able to run on a
standard personal computer that utilizes standard operating systems as
specified in SAE J2534 (as specified in paragraph (g)(17) of this section).
    (v) For model years prior to 2004, manufacturers may use SAE J2534
(as specified in paragraph (g)(17) of this section) as described above,
provided they make available to the aftermarket any additional required
hardware (i.e. cables). Manufacturers may not require the purchase or
use of a manufacturer-specific scan tool to receive or use this
additional hardware. Manufacturers must also make available the
necessary manufacturer-specific software applications and calibrations
needed to initiate pass-through reprogramming. Manufacturers must also
make available to equipment and tool companies any information needed
to develop aftermarket equivalents of the manufacturer-specific hardware.
    (vi) Manufacturers may take any reasonable business precautions
necessary to protect proprietary business information and are not
required to provide this information to any party that does not agree
to these reasonable business precautions. The requirement to make
hardware available and to release the information to equipment and tool
companies takes effect on September 25, 2003, and within 3 months of
model introduction for all new model years.
    (vii) Manufacturers who cannot comply with paragraphs (g)(12)(v)
and (g)(12)(vi) of this section shall make available to equipment and
tool companies by September 25, 2003 the following information
necessary for reprogramming the Electronic Control Unit (ECU):
    (A) The physical hardware requirements for reprogramming events or
tools (e.g. system voltage requirements, cable terminals/pins,
connections such as RS232 or USB, wires, etc.).
    (B) ECU data communication (e.g. serial data protocols,
transmission speed or baud rate, bit timing requirements, etc.).
    (C) Information on the application physical interface (API) or
layers (descriptions for procedures such as connection, initialization,
performing and verifying programming/download, and termination).
    (D) Vehicle application information or any other related service
information such as special pins and voltages for reprogramming events
or additional vehicle connectors that require enablement and
specifications for the enablement.
    (E) Information that describes what interfaces or combinations of
interfaces are used to deliver calibrations from database media (e.g.
PC using CDROM to the reprogramming device e.g. scan tool or black box).
    (viii) A manufacturer can propose an alternative to the
requirements of paragraph (g)(12)(vii) of this section for how
aftermarket service providers can reprogram an ECU. The Administrator
will approve this alternative if the manufacturer demonstrates all of
the following:
    (A) That it cannot comply with paragraph (g)(12)(v) of this section
for the vehicles subject to the alternative plan;
    (B) That a very small percentage of its vehicles in model years
prior to 2004 cannot be reprogrammed with the provisions described in
paragraph (g)(12)(v) of this section, or that releasing the information
to tool companies would likely not result in this information being
incorporated into aftermarket tools; and
    (C) That aftermarket service providers will be able to reprogram
promptly at a reasonable cost.
    (ix) In meeting the requirements of paragraphs (g)(12)(v) through
(g)(12)(vii) of this section, manufacturers may take any reasonable
business precautions necessary to protect proprietary business
information and are not

[[Page 8413]]

required to provide this information to any party that does not agree
to these reasonable business precautions.
    (13) Generic and enhanced information for scan tools. By September
25, 2003, manufacturers shall make available to equipment and tool
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph
(g)(2)(ii) of this section. This requirement applies for 1996 and later
model year vehicles.
    (i) The information required by paragraph (g)(13) of this section
shall be provided electronically using common document formats to
equipment and tool companies with whom they have appropriate licensing,
contractual, and/or confidentiality arrangements. To the extent that a
central repository for this information (e.g. the TEK-NET library
developed by the Equipment and Tool Institute) is used to warehouse
this information, the Administrator shall have free unrestricted
access. In addition, information required in paragraph (g)(13) of this
section shall be made available to equipment and tool companies who are
not otherwise members of any central repository and shall have access
if the non-members have arranged for the appropriate licensing,
contractual and/or confidentiality arrangements with the manufacturer
and/or a central repository.
    (ii) In addition to the generic and enhanced information defined in
paragraph (g)(2)(ii) of this section, manufacturers shall also make
available the following information necessary for developing generic
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g.
system voltage requirements, cable terminals/pins, connections such as
RS232 or USB, wires, etc.),
    (B) ECU data communication (e.g. serial data protocols,
transmission speed or baud rate, bit timing requirements, etc.),
    (C) Information on the application physical interface (API) or
layers. (i.e., processing algorithms or software design descriptions
for procedures such as connection, initialization, and termination),
    (D) Vehicle application information or any other related service
information such as special pins and voltages or additional vehicle
connectors that require enablement and specifications for the
enablement.
    (iii) Any manufacturer who utilizes an automated process in its
manufacturer-specific scan tool for diagnostic fault trees shall make
available to equipment and tool companies the data schema, detail
specifications, including category types/codes and vehicle codes, and
data format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph
(g)(13)(iii) of this section by making available diagnostic trouble
trees on their manufacturer Web sites in full-text.
    (14) Availability of manufacturer-specific scan tools.
Manufacturers shall make available for sale to the persons specified in
paragraph (g)(2)(i) of this section their own manufacturer-specific
diagnostic tools at a fair and reasonable cost. These tools shall also
be made available in a timely fashion either through the manufacturer
Web site or through a manufacturer-designated intermediary.
Manufacturers who develop different versions of one or more of their
diagnostic tools that are used in whole or in part for emission-related
diagnosis and repair shall insure that all emission-related diagnosis
and repair information is available for sale to the aftermarket at a
fair and reasonable cost. Manufacturers shall provide technical support
to aftermarket service providers for the tools described in this
section, either themselves or through a third party of its choice.
Factors for determining fair and reasonable cost include, but are not
limited to:
    (i) The net cost to the manufacturer's franchised dealerships for
similar tools obtained from manufacturers, less any discounts, rebates,
or other incentive programs;
    (ii) The cost to the manufacturer for preparing and distributing
the tools, excluding any research and development costs;
    (iii) The price charged by other manufacturers of similar sizes for
similar tools;
    (iv) The capabilities and functionality of the manufacturer tool;
    (v) The means by which the tools are distributed;
    (vi) Inflation.
    (vii) The ability of aftermarket technicians and shops to afford
the tools.
    (15) Changing content of manufacturer-specific scan tools.
Manufacturers who opt to remove non-emissions related content from
their manufacturer-specific scan tools and sell them to the persons
specified in paragraph (g)(2)(i) of this section shall adjust the cost
of the tool accordingly lower to reflect the decreased value of the
scan tool. All emissions-related content that remains in the
manufacturer-specific tool shall be identical to the information that
is contained in the complete version of the manufacturer-specific tool.
Any manufacturer who wishes to implement this option must request
approval from the Administrator prior to the introduction of the tool
into commerce.
    (16) Special tools.
    (i) Manufacturers who have developed special tools to extinguish
the malfunction indicator light (MIL) for Model Years 1994 through 2003
shall make available the necessary information to equipment and tool
companies to design a comparable generic tool. This information was
required to be made available to equipment and tool companies no later
than September 25, 2003.
    (ii) Manufacturers are prohibited from requiring special tools to
extinguish the malfunction indicator light (MIL) beginning with Model
Year 2004.
    (17) Reference materials. Manufacturers shall conform with the
following Society of Automotive Engineers (SAE) standards. These
documents are incorporated by reference, see Sec.  86.1. Anyone may
inspect copies at the U.S. EPA or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at U.S. EPA, NARA, or the standard making body directly, refer
to Sec.  86.1.
    (i) SAE J1930, Revised May 1998. For Web-based delivery of service
information, manufacturers shall comply with this industry standard.
This recommended practice standardizes various terms, abbreviations,
and acronyms associated with on-board diagnostics. Manufacturers shall
comply with SAE J1930 beginning with Model Year 2004.
    (ii) SAE J1979, Revised September 1997. For identification and
scaling information necessary to interpret and understand data
available to a generic scan tool through ``mode 6,'' manufacturers
shall comply with this industry standard. This recommended practice
describes the implementation of the diagnostic test modes for
emissions-related test data. Manufacturers shall comply with this
industry standard beginning with Model Year 2004.
    (iii) SAE J2284-3, May 2001. For allowing ECU and equipment and
tool manufacturers to satisfy the needs of multiple end users with
minimum modification to a basic ECU design, manufacturers shall comply
with this industry standard which establishes standard ECU physical
layer, data link layer, and media design criteria. Manufacturers may
comply with SAE J2284-3 beginning with model year

[[Page 8414]]

2003 and shall comply with SAE J2284-3 beginning with model year 2008.
    (iv) SAE J2534, February 2002. For pass-through reprogramming
capabilities, manufacturers shall comply with this industry standard
which provides technical specifications and information that
manufacturers must supply to equipment and tool companies to develop
aftermarket pass-through reprogramming tools. Manufacturers shall
comply with SAE J2534 beginning with model year 2004.
    (18) Reporting requirements. Manufacturers shall provide to the
Administrator reports on an annual basis within 30 days of the end of
the calendar year and upon request of the Administrator, that describe
the performance of their individual Web sites. These annual reports
shall be submitted to the Administrator electronically utilizing non-
proprietary software in the format as agreed to by the Administrator
and the manufacturers. Manufacturers may request Administrator approval
to report on parameters other than those described below if the
manufacturer can demonstrate that those alternate parameters will
provide sufficient and similar information for the Administrator to
effectively evaluate the manufacturer Web site. These annual reports
shall include, at a minimum, monthly measurements of the following parameters:
    (i) Total successful requests (measured in number of files
including graphic interchange formats (GIFs) and joint photographic
expert group (JPEG) images, i.e., electronic images such as wiring or
other diagrams or pictures). This is defined as the total successful
request counts of all the files which have been requested, including
pages, graphics, etc.
    (ii) Total failed requests (measured in number of files). This is
defined as the total failed request counts of all the files which were
requested but failed because they could not be found or were read-
protected. This includes pages, graphics, etc.
    (iii) Average data transferred per day (measured by bytes). This is
defined as average amount of data transferred per day from one place to
another.
    (iv) Daily Summary (measured in number of files/pages by day of
week). This is defined as the total number of requests each day of the
week, over the time period given at the beginning of the report.
    (v) Daily report (measured in number of files/pages by the day of
the month). This is defined as how many requests there were in each day
of a specific month.
    (vi) Browser Summary (measured in number of files/pages by browser
type, i.e., Netscape, Internet Explorer). This is defined as the
versions of a browser by vendor.
    (vii) Any other information deemed necessary by the Administrator
to determine the adequacy of a manufacturer Web site.
    (19) Prohibited acts, liability and remedies.
    (i) It is a prohibited act for any person to fail to promptly
provide or cause a failure to promptly provide information as required
by this paragraph (g), or to otherwise fail to comply or cause a
failure to comply with any provision of this paragraph (g).
    (ii) Any person who fails or causes the failure to comply with any
provision of this paragraph (g) is liable for a violation of that
provision. A corporation is presumed liable for any violations of this
subpart that are committed by any of its subsidiaries, affiliates or
parents that are substantially owned by it or substantially under its
control.
    (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.
    (h) The manufacturer shall furnish or cause to be furnished to the
purchaser of each new motor engine subject to the standards prescribed
in Sec.  86.004-10 or Sec.  86.004-11, as applicable, the following:
    (1) Instructions for all maintenance needed after the end of the
useful life of the engine for critical emissions-related components as
provided in Sec.  86.004-25(b), including recommended practices for
diagnosis, cleaning, adjustment, repair, and replacement of the
component (or a statement that such component is maintenance free for
the life of the engine) and instructions for accessing and responding
to any emissions-related diagnostic codes that may be stored in on-
board monitoring systems;
    (2) A copy of the engine rebuild provisions contained in Sec. 
86.004-40.
    (i) For each new diesel-fueled engine subject to the standards
prescribed in Sec.  86.007-11, as applicable, the manufacturer shall
furnish or cause to be furnished to the ultimate purchaser a statement
that ``This engine must be operated only with ultra low-sulfur diesel
fuel (meeting EPA specifications for highway diesel fuel, including a
15 ppm sulfur cap).''
    (j) Emission control diagnostic service information for heavy-duty
engines used in vehicles over 14,000 pounds gross vehicle weight (GVW)
    (1) Manufacturers of heavy-duty engines used in applications
weighing more than 14,000 pounds gross vehicle weight (GVW) that are
subject to the applicable OBD requirements of this subpart A are
subject to the provisions of this paragraph (j) beginning in the 2010
model year. The provisions of this paragraph (j) apply only to those
heavy-duty engines subject to the applicable OBD requirements.
    (2) Upon Administrator approval, manufacturers of vehicles may
alternatively comply with all service information and tool provisions
found in Sec.  86.1808-01 that are applicable to 2001 and subsequent
model year vehicles weighing less than 14,000 pounds gross vehicle
weight (GVW). Upon Administrator approval, manufacturers that produce
engines for use in vehicles between 8,500 and 14,000 pounds may, for
those engines, alternatively comply with all service information and
tool provisions in Sec.  86.010-38(j) that are applicable to 2010 and
subsequent model year vehicles over 14,000 pounds. Implementation dates
must comply with the service information provision dates applicable to
engines in vehicles between 8,500 and 14,000 pounds.
    (3) General Requirements
    (i) Manufacturers shall furnish or cause to be furnished to any
person engaged in the repairing or servicing of heavy-duty engines, or
the Administrator upon request, any and all information needed to make
use of the on-board diagnostic system and such other information,
including instructions for making emission-related diagnosis and
repairs, including but not limited to service manuals, technical
service bulletins, recall service information, bi-directional control
information, and training information, unless such information is
protected by section 208(c) as a trade secret. Manufacturers may take
steps to restrict warranty and customer assurance plan information used
only for the purpose of providing such manufacturer covered repairs to
only those repair locations authorized by the manufacturer. No such
information may be withheld under section 208(c) of the Act if that
information is provided (directly or indirectly) by the manufacturer to
franchised dealers, authorized service

[[Page 8415]]

networks, or other persons engaged in the repair, diagnosing, or
servicing of heavy-duty engines.
    (ii) Definitions. The following definitions apply for this paragraph (j):
    (A) Aftermarket service provider means any individual or business
engaged in the diagnosis, service, and repair of a heavy-duty engine,
who is not directly affiliated with a manufacturer or manufacturer
franchised dealership, or authorized service network.
    (B) Authorized service network means a group of independent service
and repair facilities that are recognized by engine manufacturers as
being capable of performing repairs to factory specification, including
warranty repair work.
    (C) Bi-directional control means the capability of a diagnostic
tool to send messages on the data bus that temporarily overrides the
module's control over a sensor or actuator and gives control to the
diagnostic tool operator. Bi-directional controls do not create
permanent changes to engine or component calibrations.
    (D) Data stream information means information (i.e., messages and
parameters) originated within the engine by a module or intelligent
sensors (i.e., a sensor that contains and is controlled by its own
module) and transmitted between a network of modules and/or intelligent
sensors connected in parallel with either one or more communication
wires. The information is broadcast over the communication wires for
use by the OBD system to gather information on emissions-related
components or systems and from other engine modules that may impact
emissions. For the purposes of this section, data stream information
does not include engine calibration related information, or any data
stream information from systems or modules that do not impact emissions.
    (E) Emissions-related information means any information related to
the diagnosis, service, and repair of emissions-related components.
Emissions-related information includes, but is not limited to,
information regarding any system, component or part of an engine that
controls emissions and that is part of the diagnostic strategy for an
OBD monitor, but not limited to: The engine, the fuel system and
ignition system; information for any system, component or part that is
likely to impact emissions, and any other information specified by the
Administrator to be relevant to the diagnosis and repair of an
emissions-related problem; any other information specified by the
Administrator to be relevant for the diagnosis and repair of an
emissions-related failure found through an evaluation of vehicles in-
use and after such finding has been communicated to the affected
manufacturer(s).
    (F) Emissions-related training information means any information
related training or instruction for the purpose of the diagnosis,
service, and repair of emissions-related components.
    (G) Enhanced service and repair information means information which
is specific for an original equipment manufacturer's brand of tools and
equipment. This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on engines that employ integral security systems.
    (H) Equipment and Tool Company means a registered equipment or
software company either public or private that is engaged in, or plans
to engage in, the manufacture of scan tool reprogramming equipment or
software.
    (I) Generic service and repair information means information which
is not specific for an original equipment manufacturer's brand of tools
and equipment.
    (J) Indirect information means any information that is not
specifically contained in the service literature, but is contained in
items such as tools or equipment provided to franchised dealers or
authorized service networks (or others). This includes computer or
anti-theft system initialization information necessary for the
completion of any emissions-related repair on engines that employ
integral security systems.
    (K) Intermediary means any individual or entity, other than an
original equipment manufacturer, which provides service or equipment to
aftermarket service providers.
    (L) Manufacturer franchised dealership means any service provider
with which a manufacturer has a direct business relationship.
    (M) Recalibration means the process of downloading to an engine's
on-board computer emissions-related revisions of on-board computer
application software and calibration parameters with default
configurations. Recalibration is not dependent on the use of the
vehicle identification number (VIN) in determining vehicle configuration.
    (N) Reconfiguration means the process of enabling or adjusting
engine features or engine parameters associated with such features to
adapt a heavy-duty engine to a particular vehicle and/or application.
    (O) Third party information provider means any individual or
entity, other than an original equipment manufacturer, who consolidates
manufacturer service information and makes this information available
to aftermarket service providers.
    (P) Third party training provider means any individual or entity,
other than an original equipment manufacturer who develops and/or
delivers instructional and educational material for training courses.
    (4) Information dissemination. By July 1, 2010 each manufacturer
shall provide or cause to be provided to the persons specified in
paragraph (j)(3)(i) of this section and to any other interested parties
a manufacturer-specific World Wide Web site containing the information
specified in paragraph (j)(3)(i) of this section for 2010 and later
model year engines which have been certified to the OBD requirements
specified in Sec.  86.010-18 and are offered for sale; this requirement
does not apply to indirect information, including the information
specified in paragraphs (j)(13) through (j)(17) of this section. Upon
request and approval of the Administrator, manufacturers who can
demonstrate significant hardship in complying with this provision by
August 27, 2009, may request an additional six months lead time to meet
this requirement. Each manufacturer Web site shall:
    (i) Provide access in full-text to all of the information specified
in paragraph (j)(6) of this section.
    (ii) Be updated at the same time as manufacturer franchised
dealership or authorized service network World Wide Web sites.
    (iii) Provide users with a description of the minimum computer
hardware and software needed by the user to access that manufacturer's
information (e.g., computer processor speed and operating system
software). This description shall appear when users first log-on to the
home page of the manufacturer's Web site.
    (iv) Upon Administrator approval, implement a range of time periods
for online access to any person specified in paragraph (j)(3)(i) of
this section whereby the user will be able to access the site, search
for the information, and purchase, view and print the information at a
fair and reasonable cost as specified in paragraph (j)(8) of this
section for each of the options. In addition, for each of the range of
time periods, manufacturers are required to make their entire site
accessible for the respective period of time and price. In other words,
a manufacturer may not

[[Page 8416]]

limit Web site access to just one make or one model.
    (v) Allow the user to search the manufacturer Web site by various
topics including but not limited to model, model year, key words or
phrases, etc., while allowing ready identification of the latest
calibration. Manufacturers who do not use model year to classify their
engines in their service information may use an alternate delineation
such as body series. Any manufacturer utilizing this flexibility shall
create a cross-reference to the corresponding model year and provide
this cross-reference on the manufacturer Web site home page.
    (vi) Provide accessibility using common, readily available software
and shall not require the use of software, hardware, viewers, or
browsers that are not readily available to the general public.
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or
browsers (e.g. Adobe Acrobat or Netscape) needed to access the
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from
Government Web sites and automotive-related Web sites.
    (viii) Possess sufficient server capacity to allow ready access by
all users and has sufficient capacity to assure that all users may
obtain needed information without undue delay.
    (ix) Correct or delete any reported broken Web links on a weekly basis.
    (x) Allow for Web site navigation that does not require a user to
return to the manufacturer home page or a search engine in order to
access a different portion of the site.
    (xi) Allow users to print out any and all of the materials required
to be made available on the manufacturers Web site that can be
reasonably printed on a standard printer, including the ability to
print it at the user's location.
    (5) Small volume provisions for information dissemination.
    (i) Manufacturers with total annual sales of less than 5,000
engines shall have until July 1, 2011 to launch their individual Web
sites as required by paragraph (j)(4) of this section.
    (ii) Manufacturers with total annual sales of less than 1,000
engines may, in lieu of meeting the requirement of paragraph (j)(4) of
this section, request the Administrator to approve an alternative
method by which the required emissions-related information can be
obtained by the persons specified in paragraph (j)(3)(i) of this section.
    (6) Required information. All information relevant to the diagnosis
and completion of emissions-related repairs shall be posted on
manufacturer Web sites. This excludes indirect information specified in
paragraphs (j)(7) and (j)(13) through (j)(17) of this section. To the
extent that this information does not already exist in some form for
their manufacturer franchised dealerships or authorized service
networks, manufacturers are required to develop and make available the
information required by this section to both their manufacturer
franchised dealerships or authorized service networks and the
aftermarket. The required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by
a manufacturer's third party supplier that are made available to
manufacturer franchised dealerships or authorized service networks,
technical service bulletins (TSBs), recall service information,
diagrams, charts, and training materials. Informal recall service
information such as engineering notes and/or sketches are not required
to be made available as long as this information is not made available
to manufacturer franchised dealerships or authorized service networks
in the form of manuals. Manuals and other such service information from
third party suppliers are not required to be made available in full-
text on manufacturer Web sites as described in paragraph (j)(4) of this
section. Rather, manufacturers must make available on the manufacturer
Web site as required by paragraph (j)(4) of this section an index of
the relevant information and instructions on how to order such
information. In the alternate, a manufacturer can create a link from
its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to,
the following:
    (A) A general description of the operation of each monitor,
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes
associated with each monitor;
    (C) A description of the typical enabling conditions (either
generic or monitor-specific) for each monitor (if equipped) to execute
during engine operation, including, but not limited to, minimum and
maximum intake air and engine coolant temperature, speed range, and
time after engine startup. In addition, manufacturers shall list all
monitor-specific OBD drive cycle information for all major OBD monitors
as equipped including, but not limited to, catalyst, catalyst heater,
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas
re-circulation (EGR), secondary air, and air conditioning system.
Additionally, for diesel engines which also perform misfire, fuel
system and comprehensive component monitoring under specific driving
conditions (i.e., non-continuous monitoring; as opposed to spark
ignition engines that monitor these systems under all conditions or
continuous monitoring), the manufacturer shall make available monitor-
specific drive cycles for these monitors. Any manufacturer who develops
generic drive cycles, either in addition to, or instead of, monitor-
specific drive cycles shall also make these available in full-text on
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific engines that deviate from the
typical parameters, the OBD description shall indicate the deviation
and provide a separate listing of the typical values for those engines;
    (G) Identification and scaling information necessary to interpret
and understand data available through Diagnostic Message 8 pursuant to
SAE J1939-73 (as specified in paragraph (j)(17) of this section), or
through Service/Mode $06 pursuant to SAE J1979 (as specified in
paragraph (j)(17) of this section).
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a
engine monitored by the OBD system that could in a failure mode cause
the OBD system to illuminate the malfunction indicator light (MIL);
    (iv) Manufacturer-specific emissions-related diagnostic trouble
codes (DTCs) and any related service bulletins, troubleshooting guides,
and/or repair procedures associated with these manufacturer-specific
DTCs; and
    (v) Information regarding how to obtain the information needed to
perform reinitialization of any computer or anti-theft system following
an emissions-related repair.
    (7) Anti-theft System Initialization Information. Computer or anti-
theft system initialization information and/or related tools necessary
for the proper installation of on-board computers or necessary for the
completion of any emissions-related repair on engines that employ
integral security systems or the repair or replacement of any other
emission-related part shall be made available at a fair and reasonable
cost to

[[Page 8417]]

the persons specified in paragraph (j)(3)(i) of this section.
    (i) Except as provided under paragraph (j)(7)(ii) of this section,
manufacturers must make this information available to persons specified
in paragraph (j)(3)(i) of this section, such that such persons will not
need any special tools or manufacturer-specific scan tools to perform
the initialization. Manufacturers may make such information available
through, for example, generic aftermarket tools, a pass-through device,
or inexpensive manufacturer specific cables.
    (ii) A manufacturer may request Administrator approval for an
alternative means to re-initialize engines for some or all model years
through the 2013 model year by July 27, 2009. The Administrator shall
approve the request only after the following conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such
information to aftermarket service providers would significantly
increase the risk of theft.
    (B) The manufacturer must make available a reasonable alternative
means to install or repair computers, or to otherwise repair or replace
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require
aftermarket technicians to use a manufacturer franchised dealership or
authorized service networks to obtain information or special tools to
re-initialize the anti-theft system. All information must come directly
from the manufacturer or a single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool
or tools, including manufacturer-specific tools, to complete this
repair. Alternatives may include lease of such tools, but only for
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet
this requirement, a manufacturer may also choose to release the
necessary information to equipment and tool manufacturers for
incorporation into aftermarket scan tools. Any manufacturer choosing
this option must release the information to equipment and tool
manufacturers within 60 days of Administrator approval.
    (8) Cost of required information.
    (i) All information required to be made available by this section,
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
    (A) The net cost to the manufacturer franchised dealerships or
authorized service networks for similar information obtained from
manufacturers, less any discounts, rebates, or other incentive programs;
    (B) The cost to the manufacturer for preparing and distributing the
information, excluding any research and development costs incurred in
designing and implementing, upgrading or altering the onboard computer
and its software or any other engine part or component. Amortized
capital costs for the preparation and distribution of the information
may be included;
    (C) The price charged by other manufacturers for similar information;
    (D) The price charged by manufacturers for similar information
prior to the launch of manufacturer Web sites;
    (E) The ability of the average aftermarket technician or shop to
afford the information;
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the
number of users, and frequency, duration, and volume of use; and
    (H) Inflation.
    (ii) Manufacturers must submit to EPA a request for approval of
their pricing structure for their Web sites and amounts to be charged
for the information required to be made available under paragraphs
(j)(4) and (j)(6) of this section at least 180 days in advance of the
launch of the web site. Subsequent to the approval of the manufacturer
Web site pricing structure, manufacturers shall notify EPA upon the
increase in price of any one or all of the subscription options of 20
percent or more above the previously approved price, taking inflation
into account.
    (A) The manufacturer shall submit a request to EPA that sets forth
a detailed description of the pricing structure and amounts, and
support for the position that the pricing structure and amounts are
fair and reasonable by addressing, at a minimum, each of the factors
specified in paragraph (j)(8)(i) of this section.
    (B) EPA will act upon on the request within180 days following
receipt of a complete request or following receipt of any additional
information requested by EPA.
    (C) EPA may decide not to approve, or to withdraw approval for a
manufacturer's pricing structure and amounts based on a conclusion that
this pricing structure and/or amounts are not, or are no longer, fair
and reasonable, by sending written notice to the manufacturer
explaining the basis for this decision.
    (D) In the case of a decision by EPA not to approve or to withdraw
approval, the manufacturer shall within three months following notice
of this decision, obtain EPA approval for a revised pricing structure
and amounts by following the approval process described in this paragraph.
    (9) Unavailable information. Any information which is not provided
at a fair and reasonable price shall be considered unavailable, in
violation of these regulations and section 202(m)(5) of the Clean Air Act.
    (10) Third party information providers. (i) By January 1, 2011
manufacturers shall, for model year 2010 and later engines, make
available to third-party information providers as defined in paragraph
(j)(3)(ii) of this section with whom they may wish to engage in
licensing or business arrangements, the required emissions-related
information as specified in paragraph (j)(6) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph
(j)(4) of this section
    (ii) Manufacturers are not responsible for the accuracy of the
information distributed by third parties. However, where manufacturers
charge information intermediaries for information, whether through
licensing agreements or other arrangements, manufacturers are
responsible for inaccuracies contained in the information they provide
to third party information providers.
    (11) Required emissions-related training information. By January 1,
2011, for emissions-related training information, manufacturers shall:
    (i) Video tape or otherwise duplicate and make available for sale
on manufacturer Web sites within 30 days after transmission any
emissions-related training courses provided to manufacturer franchised
dealerships or authorized service networks via the Internet or
satellite transmission. Manufacturers shall not be required to
duplicate transmitted emissions-related training courses if anyone
engaged in the repairing or servicing of heavy-duty engines has the
opportunity to receive the Internet or satellite transmission, even if
there is a cost associated with

[[Page 8418]]

the equipment required to receive the transmission;
    (ii) Provide on the manufacturer Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 2010 and newer engines. The required
information must be made available for purchase within 3 months of
model introduction and then must be made available at the same time it
is made available to manufacturer franchised dealerships or authorized
service networks, whichever is earlier. The index shall describe the
title of the course or instructional session, the cost of the video
tape or duplicate, and information on how to order the item(s) from the
manufacturer Web site. All of the items available must be shipped
within 3 business day of the order being placed and are to made
available at a fair and reasonable price as described in paragraph
(j)(8) of this section. Manufacturers unable to meet the 3 business day
shipping requirement under circumstances where orders exceed supply and
additional time is needed by the distributor to reproduce the item
being ordered, may exceed the 3 business day shipping requirement, but
in no instance can take longer than 14 days to ship the item.
    (12) Timeliness and maintenance of information dissemination.
    (i) Subsequent to the initial launch of the manufacturer's Web
site, manufacturers must make the information required under paragraph
(j)(6) of this section available on their Web site within six months of
model introduction, or at the same time it is made available to
manufacturer franchised dealerships or authorized service networks,
whichever is earlier. After this six month period, the information must
be available and updated on the manufacturer Web site at the same time
that the updated information is made available to manufacturer
franchised dealerships or authorized service networks, except as
otherwise specified in this section.
    (ii) Archived information. Manufacturers must maintain the required
information on their Web sites in full-text as defined in paragraph
(j)(6) of this section for a minimum of 15 years after model
introduction. Subsequent to this fifteen year period, manufacturers may
archive the information in the manufacturer's format of choice and
provide an index of the archived information on the manufacturer Web
site and how it can be obtained by interested parties. Manufacturers
shall index their available information with a title that adequately
describes the contents of the document to which it refers.
Manufacturers may allow for the ordering of information directly from
their Web site, or from a Web site hyperlinked to the manufacturer Web
site. In the alternate, manufacturers shall list a phone number and
address where aftermarket service providers can call or write to obtain
the desired information. Manufacturers must also provide the price of
each item listed, as well as the price of items ordered on a
subscription basis. To the extent that any additional information is
added or changed for these model years, manufacturers shall update the
index as appropriate. Manufacturers will be responsible for ensuring
that their information distributors do so within one regular business
day of receiving the order. Items that are less than 20 pages (e.g.
technical service bulletins) shall be faxed to the requestor and
distributors are required to deliver the information overnight if
requested and paid for by the ordering party. Archived information must
be made available on demand and at a fair and reasonable price.
    (13) Recalibration Information.
    (i) Manufacturers shall make available to the persons specified in
paragraph (j)(3)(i) of this section all emissions-related recalibration
or reprogramming events (including driveability reprogramming events
that may affect emissions) in the format of their choice at the same
time they are made available to manufacturer franchised dealerships or
authorized service networks. This requirement applies on July 1, 2013.
    (ii) Manufacturers shall provide persons specified in paragraph
(j)(3)(i) of this section with an efficient and cost-effective method
for identifying whether the calibrations on engines are the latest to
be issued. This requirement applies on July 1, 2013.
    (iii) For all 2013 and later OBD engines equipped with
reprogramming capability, manufacturers shall comply with either SAE
J2534-1 (as specified in paragraph (j)(17) of this section), or the
Technology and Maintenance Council's (TMC) Recommended Practice TMC RP
1210B (as specified in paragraph (j)(17) of this section).
    (iv) For model years 2013 and later, manufacturers shall make
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate
pass-through reprogramming. This software shall be able to run on a
standard personal computer that utilizes standard operating systems as
specified in either SAE J2534-1 (as specified in paragraph (j)(17) of
this section) or TMC RP 1210B (as specified in paragraph (j)(17) of
this section).
    (v) Manufacturers may take any reasonable business precautions
necessary to protect proprietary business information and are not
required to provide this information to any party that does not agree
to these reasonable business precautions. The requirements to make
hardware available and to release the information to equipment and tool
companies apply on July 1, 2013, and within 3 months of model
introduction for all new model years.
    (14) Generic and enhanced information for scan tools. By July 1,
2013, manufacturers shall make available to equipment and tool
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph
(j)(3(ii) of this section. This requirement applies for 2013 and later
model year engines.
    (i) The information required by this paragraph (j)(14) shall be
provided electronically using common document formats to equipment and
tool companies with whom they have appropriate licensing, contractual,
and/or confidentiality arrangements. To the extent that a central
repository for this information (e.g. the TEK-NET library developed by
the Equipment and Tool Institute) is used to warehouse this
information, the Administrator shall have free unrestricted access. In
addition, information required by this paragraph (j)(14) shall be made
available to equipment and tool companies who are not otherwise members
of any central repository and shall have access if the non-members have
arranged for the appropriate licensing, contractual and/or
confidentiality arrangements with the manufacturer and/or a central
repository.
    (ii) In addition to the generic and enhanced information defined in
paragraph (j)(3)(ii) of this section, manufacturers shall also make
available the following information necessary for developing generic
diagnostic scan tools:
    (A) The physical hardware requirements for data communication
(e.g., system voltage requirements, cable terminals/pins, connections
such as RS232 or USB, wires, etc.),
    (B) Electronic Control Unit (ECU) data communication (e.g., serial
data protocols, transmission speed or baud rate, bit timing
requirements, etc.),
    (C) Information on the application physical interface (API) or
layers. (i.e., processing algorithms or software design descriptions
for procedures such

[[Page 8419]]

as connection, initialization, and termination),
    (D) Engine application information or any other related service
information such as special pins and voltages or additional connectors
that require enablement and specifications for the enablement.
    (iii) Any manufacturer who utilizes an automated process in their
manufacturer-specific scan tool for diagnostic fault trees shall make
available to equipment and tool companies the data schema, detail
specifications, including category types/codes and codes, and data
format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph
(j)(14)(iii) of this section by making available diagnostic trouble
trees on their manufacturer Web sites in full-text.
    (v) Manufacturers shall make all required information available to
the requesting equipment and tool company within 14 days after the
request to purchase has been made unless the manufacturer requests
Administrator approval to refuse to disclose such information to the
requesting company or requests Administrator approval for additional
time to comply. After receipt of a request and consultation with the
affected parties, the Administrator shall either grant or refuse the
petition based on the evidence submitted during the consultation process:
    (A) If the evidence demonstrates that the engine manufacturer has a
reasonably based belief that the requesting equipment and tool company
could not produce safe and functionally accurate tools that would not
cause damage to the engine, the petition for non-disclosure will be
granted. Engine manufacturers are not required to provide data stream
and bi-directional control information that would permit an equipment
and tool company's products to modify an EPA-certified engine or
transmission configuration.
    (B) If the evidence does not demonstrate that the engine
manufacturer has a reasonably-based belief that the requesting
equipment and tool company could not produce safe and functionally
accurate tools that would not cause damage to the engine, the petition
for non-disclosure will be denied and the engine manufacturer, as
applicable, shall make the requested information available to the
requesting equipment and tool company within 2 days of the denial.
    (vi) If the manufacturer submits a request for Administrator
approval for additional time, and satisfactorily demonstrates to the
Administrator that the engine manufacturer is able to comply but
requires additional time within which to do so, the Administrator shall
grant the request and provide additional time to fully and
expeditiously comply.
    (vii) Manufacturers may require that tools using information
covered under paragraph (j)(14) of this section comply with the
Component Identifier message specified in SAE J1939-71 (as specified in
paragraph (j)(17) of this section) as Parameter Group Number (PGN)
65249 (including the message parameter's make, model, and serial
number) and the SAE J1939-81 (as specified in paragraph (j)(17) of this
section) Address Claim PGN.
    (viii) Manufacturers are not required to make available to
equipment and tool companies any information related to reconfiguration
capabilities or any other information that would make permanent changes
to existing engine configurations.
    (15) Availability of manufacturer-specific scan tools. (i)
Manufacturers shall make available for sale to the persons specified in
paragraph (j)(3)(i) of this section their own manufacturer-specific
diagnostic tools at a fair and reasonable cost. These tools shall also
be made available in a timely fashion either through the manufacturer
Web site or through a manufacturer-designated intermediary. Upon
Administrator approval, manufacturers will not be required to make
available manufacturer-specific tools with reconfiguration capabilities
if they can demonstrate to the satisfaction of the Administrator that
these tools are not essential to the completion of an emissions-related
repair, such as recalibration. As a condition of purchase,
manufacturers may request that the purchaser take all necessary
training offered by the engine manufacturer. Any required training
materials and classes must comply with the following:
    (A) Similar training must be required by the engine manufacturer
for the use of the same tool by its franchised dealerships or
authorized service networks;
    (B) The training must be substantially similar to such training in
terms of material covered and the length of training;
    (C) The training must be made available within six months after a
tool request has been made;
    (D) The training must be made available at a fair and reasonable price.
    (ii) Manufacturers shall ship purchased tools in a timely manner
after a request and training, if any, has been completed. Any required
training materials and classes must be made available at a fair and
reasonable price. Manufacturers who develop different versions of one
or more of their diagnostic tools that are used in whole or in part for
emission-related diagnosis and repair shall also insure that all
emission-related diagnosis and repair information is available for sale
to the aftermarket at a fair and reasonable cost. Factors for
determining fair and reasonable cost include, but are not limited to:
    (A) The net cost to the manufacturer's franchised dealerships or
authorized service network for similar tools obtained from
manufacturers, less any discounts, rebates, or other incentive programs;
    (B) The cost to the manufacturer for preparing and distributing the
tools, excluding any research and development costs;
    (C) The price charged by other manufacturers of similar sizes for
similar tools;
    (D) The capabilities and functionality of the manufacturer tool;
    (E) The means by which the tools are distributed;
    (F) Inflation;
    (G) The ability of aftermarket technicians and shops to afford the tools.
    Manufacturers shall provide technical support to aftermarket
service providers for the tools described in this section, either
themselves or through a third-party of their choice.
    (16) Changing content of manufacturer-specific scan tools.
Manufacturers who opt to remove non-emissions related content from
their manufacturer-specific scan tools and sell them to the persons
specified in paragraph (j)(3)(i) of this section shall adjust the cost
of the tool accordingly lower to reflect the decreased value of the
scan tool. All emissions-related content that remains in the
manufacturer-specific tool shall be identical to the information that
is contained in the complete version of the manufacturer-specific tool.
Any manufacturer who wishes to implement this option must request
approval from the Administrator prior to the introduction of the tool
into commerce.
    (17) Reference Materials. Manufacturers shall conform with the
following industry standards. These documents are incorporated by
reference in Sec.  86.1. Anyone may inspect copies at the U.S. EPA or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at U.S. EPA, NARA, or
the standard making bodies directly, refer to Sec.  86.1.

[[Page 8420]]

    (i) SAE J1939-71, Revised January 2008. For providing a means for
the application processes to access the OSI environment, manufacturers
shall comply with this industry standard.
    (ii) SAE J1939-73, Revised September 2006. For identification and
scaling information necessary to interpret and understand data
available through Diagnostic Message 8, manufacturers shall comply with
this industry standard. In the alternate, manufacturers may comply with
Service/Mode $06 pursuant to SAE J1979, Revised May 2007. These
recommended practices describe the implementation of diagnostic test
modes for emissions related test data. Manufacturers shall comply with
either SAE J1939-73 or SAE J1979 beginning with Model Year 2013.
    (iii) SAE J1939-81, Revised May 2003. For management of source
addresses and the association of those address with an actual function
and with the detection and reporting of network realized errors,
manufacturers shall comply with this industry standard.
    (iv) SAE J2403, Revised August 2007. For Web-based delivery of
service information, manufacturers shall comply with this industry
standard which standardizes various terms, abbreviations, and acronyms
associated with on-board diagnostics. Manufacturers shall comply with
SAE J2403 beginning with the Model Year 2013.
    (v) TMC RP 1210B, Revised June 2007. For pass-thru reprogramming
capabilities, manufacturers shall comply with Technology and
Maintenance Council's (TMC) Recommended Practice TMC RP 1210B. In the
alternate, manufacturers may comply with SAE J2534-1, Revised December
2004. These recommended practices provide technical specifications and
information that manufacturers must supply to equipment and tool
companies to develop aftermarket pass-thru reprogramming tools.
Manufacturers shall comply with either TMC RP 1210B or SAE J2534-1
beginning with Model Year 2013.
    (18) Reporting Requirements. Performance reports that adequately
demonstrate that each manufacturers website meets the information
requirements outlined in paragraphs (j)(6)(i) through (j)(6)(vi) of
this section shall be submitted to the Administrator annually or upon
request by the Administrator. These reports shall indicate the
performance and effectiveness of the websites by using commonly used
Internet statistics (e.g., successful requests, frequency of use,
number of subscriptions purchased, etc.). Manufacturers shall provide
to the Administrator reports on an annual basis within 30 days of the
end of the calendar year. These annual reports shall be submitted to
the Administrator electronically utilizing non-proprietary software in
the format as agreed to by the Administrator and the manufacturers.
    (19) Prohibited Acts, Liability and Remedies.
    (i) It is a prohibited act for any person to fail to promptly
provide or cause a failure to promptly provide information as required
by this paragraph (j), or to otherwise fail to comply or cause a
failure to comply with any provision of this subsection.
    (ii) Any person who fails or causes the failure to comply with any
provision of this paragraph (j) is liable for a violation of that
provision. A corporation is presumed liable for any violations of this
subpart that are committed by any of its subsidiaries, affiliates or
parents that are substantially owned by it or substantially under its
control.
    (iii) Any person who violates a provision of this paragraph (j)
shall be subject to a civil penalty of not more than $ 31,500 per day
for each violation. This maximum penalty is shown for calendar year
2002. 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.
    (iv) Manufacturers will not have any emissions warranty, in-use
compliance, defect reporting or recall liability for service on a
heavy-duty engine that is not undertaken by the manufacturer, for any
damage caused by their own tools in the hands of independent service
providers, or for the use and misuse of third party tools.

• 8. Section 86.1806-05 is amended by revising the section heading,
paragraphs (a)(3), (h) introductory text, (h)(1)(v), (h)(1)(vii), (i),
and (j) and adding new paragraphs (h)(2)(iv), (n) and (o) to read as
follows:

Sec.  86.1806-05  On-board diagnostics for vehicles less than or equal
to 14,000 pounds GVWR.

    (a) * * *
    (3) An OBD system demonstrated to fully meet the requirements in,
through model year 2006, Sec.  86.004-17 and, for model years 2007 and
later, Sec.  86.007-17 may be used to meet the requirements of this
section, provided that such an OBD system also incorporates appropriate
transmission diagnostics as may be required under this section, and
provided that the Administrator finds that a manufacturer's decision to
use the flexibility in this paragraph (a)(3) is based on good
engineering judgement.
* * * * *
    (h) The following documents are incorporated by reference, see
Sec.  86.1. Anyone may inspect copies at the U.S. EPA or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at U.S. EPA, NARA, or the standard
making bodies directly, refer to Sec.  86.1.
    (1) * * *
    (v) SAE J1930, Revised April 2002. All acronyms, definitions and
abbreviations shall be formatted according to this industry standard.
Alternatively, manufacturers may use SAE J2403, Revised August 2007.
* * * * *
    (vii) As an alternative to the above standards, heavy-duty vehicles
may conform to the specifications of these SAE standards: SAE J1939-11,
Revised October 1999; SAE J1939-13, July 1999; SAE J1939-21, Revised
April 2001; SAE J1939-31, Revised December 1997; SAE J1939-71, Revised
August 2002; SAE J1939-73, Revised June 2001; SAE J1939-81, July 1997.
    (2) * * *
    (iv) ISO 15765-4:2005(E), January 15, 2005. Beginning with the 2008
model year and beyond, this industry standard shall be the only
acceptable protocol used for standardized on-board to off-board
communications for vehicles below 8500 pounds. For vehicles 8500 to
14000 pounds, either this ISO industry standard or the SAE standards
listed in paragraph (h)(1)(vii) of this section shall be the only
acceptable protocols used for standardized on-board to off-board
communications.
    (i) Deficiencies and alternative fueled vehicles. Upon application
by the manufacturer, the Administrator may accept an OBD system as
compliant even though specific requirements are not fully met. Such
compliances without meeting specific requirements, or deficiencies,
will be granted only if compliance would be infeasible or unreasonable
considering such factors as, but not limited to: Technical feasibility
of the given monitor and lead time and production cycles including
phase-in or phase-out of vehicle designs and programmed upgrades of
computers. Unmet requirements should not be carried over from the
previous model year except where unreasonable hardware or software
modifications would be necessary to correct the

[[Page 8421]]

deficiency, and the manufacturer has demonstrated an acceptable level
of effort toward compliance as determined by the Administrator.
Furthermore, EPA will not accept any deficiency requests that include
the complete lack of a major diagnostic monitor (``major'' diagnostic
monitors being those for exhaust aftertreatment devices, oxygen sensor,
air-fuel ratio sensor, NOX sensor, engine misfire,
evaporative leaks, and diesel EGR, if equipped), with the possible
exception of the special provisions for alternative fueled engines. For
alternative fueled vehicles (e.g., natural gas, liquefied petroleum
gas, methanol, ethanol), manufacturers may request the Administrator to
waive specific monitoring requirements of this section for which
monitoring may not be reliable with respect to the use of the
alternative fuel. At a minimum, alternative fuel engines must be
equipped with an OBD system meeting OBD requirements to the extent
feasible as approved by the Administrator.
    (j) California OBDII compliance option. Through the 2006 model
year, for light-duty vehicles, light-duty trucks, and heavy-duty
vehicles weighing 14,000 pounds GVWR or less, demonstration of
compliance with California OBDII requirements (Title 13 California Code
of Regulations Sec.  1968.2 (13 CCR 1968.2)), as modified, approved and
filed on April 21, 2003 (incorporated by reference, see Sec.  86.1),
shall satisfy the requirements of this section, except that compliance
with 13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative
leak detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(16.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing. Beginning with the 2007
model year, for light-duty vehicles, light-duty trucks, and heavy-duty
vehicles weighing 14,000 pounds GVWR or less, demonstration of
compliance with California OBD II requirements (Title 13 California
Code of Regulations Sec.  1968.2 (13 CCR 1968.2)), approved on November
9, 2007 (incorporated by reference, see Sec.  86.1), shall satisfy the
requirements of this section, except that compliance with 13 CCR
1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering
protection, are not required to satisfy the requirements of this
section. Also, the deficiency provisions of 13 CCR 1968.2(k) do not
apply. In addition, demonstration of compliance with 13 CCR
1968.2(e)(15.2.1)(C), to the extent it applies to the verification of
proper alignment between the camshaft and crankshaft, applies only to
vehicles equipped with variable valve timing. For all model years, the
deficiency provisions of paragraph (i) of this section and the
evaporative leak detection requirement of paragraph (b)(4) of this
section, if applicable, apply to manufacturers selecting this paragraph
for demonstrating compliance.
* * * * *
    (n) For 2007 and later model year diesel complete heavy-duty
vehicles, in lieu of the malfunction descriptions of paragraph (b) of
this section, the malfunction descriptions of this paragraph (n) shall
apply. The OBD system must detect and identify malfunctions in all
monitored emission-related powertrain systems or components according
to the following malfunction definitions as measured and calculated in
accordance with test procedures set forth in subpart B of this part
(chassis-based test procedures), excluding those test procedures
defined as ``Supplemental'' test procedures in Sec.  86.004-2 and
codified in Sec. Sec.  86.158, 86.159, and 86.160.
    (1) Catalysts and diesel particulate filters (DPF).
    (i) If equipped, reduction catalyst deterioration or malfunction
before it results in exhaust emissions exceeding, for model years 2007
through 2009, 4 times the applicable NOX standard and, for
model years 2010 through 2012, the applicable NOX
standard+0.6 g/mi and, for model years 2013 and later, the applicable
NOX standard+0.3 g/mi. Further, if equipped, oxidation
catalyst (not to include the DPF), deterioration or malfunction before
it results in exhaust NMHC emissions exceeding, for 2010 through 2012
model years, 2.5 times the applicable NMHC standard and, for 2013 and
later model years, 2 times the applicable NMHC standard. Monitoring of
oxidation catalysts is not required through the 2009 model year. These
catalyst monitoring need not be done if the manufacturer can
demonstrate that deterioration or malfunction of the system will not
result in exceedance of the threshold. As an alternative to the
oxidation catalyst monitoring requirement, the monitor can be designed
to detect oxidation catalyst deterioration or malfunction before it
results in an inability to achieve a temperature rise of 100 degrees C,
or to reach the necessary DPF regeneration temperature, within 60
seconds of initiating an active DPF regeneration. Further, oxidation
catalyst deterioration or malfunction when the DOC is unable to sustain
the necessary regeneration temperature for the duration of the
regeneration event. The OBD or control system must abort the
regeneration if the regeneration temperature has not been reached
within five minutes of initiating an active regeneration event, and if
the regeneration temperature cannot be sustained for the duration of
the regeneration event.
    (ii) If equipped with a DPF, for all model years, catastrophic
failure of the device must be detected. Any DPF whose complete failure
results in exhaust emissions exceeding 1.5 times the applicable PM
standard or family emissions limit (FEL) must be monitored for such
catastrophic failure. This monitoring need not be done if the
manufacturer can demonstrate that a catastrophic failure of the system
will not result in exceedance of the threshold. Further, if equipped
with a DPF, the OBD system shall detect DPF deterioration or
malfunction before it results in exhaust emissions exceeding, for 2010
through 2012 model years, 4 times the applicable PM standard and, for
2013 and later model years, the applicable PM standard +0.04 g/mi.
    (2) Engine misfire. Lack of cylinder combustion must be detected.
    (3) Exhaust gas sensors.
    (i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: for 2007 through 2009 model years, 4 times the
applicable PM standard, or 3 times the applicable NOX
standard, or 2.5 times the applicable NMHC standard and, for 2010
through 2012 model years, 4 times the applicable PM standard, or the
applicable NOX standard+0.3 g/mi, or 2.5 times the
applicable NMHC standard and, for 2013 and later model years, the
applicable PM standard+0.04 g/mi, or the applicable NOX
standard+0.3 g/mi, or 2 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices. If equipped, sensor deterioration or
malfunction resulting in exhaust emissions exceeding any of the
following levels: for 2007 through 2009 model years, 4 times the
applicable PM standard, or 3 times the applicable NOX
standard, or 2.5 times the applicable NMHC standard, or 2.5 times the
applicable CO standard and, for 2010

[[Page 8422]]

through 2012 model years, the applicable PM standard+0.02 g/mi, or the
applicable NOX standard+0.3 g/mi, or 2.5 times the
applicable NMHC standard, or 2.5 times the applicable CO standard and,
for 2013 and later model years, the applicable PM standard+0.02 g/mi,
or the applicable NOX standard+0.3 g/mi, or 2 times the
applicable NMHC standard, or 2 times the applicable CO standard.
    (iii) NOX sensors. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
for 2007 through 2009 model years, 5 times the applicable PM standard,
or 4 times the applicable NOX standard and, for 2010 through
2012 model years, 4 times the applicable PM standard, or the applicable
NOX standard+0.6 g/mi and, for 2013 and later model years,
the applicable PM standard+0.04 g/mi, or the applicable NOX
standard+0.3 g/mi.
    (4) [Reserved.]
    (5) Other emission control systems and components. Any
deterioration or malfunction occurring in an engine system or component
directly intended to control emissions, including but not necessarily
limited to, the exhaust gas recirculation (EGR) system, if equipped,
and the fuel control system, singularly resulting in exhaust emissions
exceeding any of the following levels: For 2007 through 2009 model
years, 4 times the applicable PM standard, or 3 times the applicable
NOX standard, or 2.5 times the applicable NMHC standard, or
2.5 times the applicable CO standard and, for 2010 through 2012 model
years, 4 times the applicable PM standard, or the applicable
NOX standard+0.3 g/mi, or 2.5 times the applicable NMHC
standard, or 2.5 times the applicable CO standard and, for 2013 and
later model years, the applicable PM standard+0.02 g/mi, or the
applicable NOX standard+0.3 g/mi, or 2 times the applicable
NMHC standard, or 2 times the applicable CO standard. A functional
check, as described in paragraph (n)(6) of this section, may satisfy
the requirements of this paragraph (n)(5) provided the manufacturer can
demonstrate that a malfunction would not cause emissions to exceed the
applicable levels. This demonstration is subject to Administrator
approval. For engines equipped with crankcase ventilation (CV),
monitoring of the CV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the CV system
is unlikely to fail.
    (6) Other emission-related powertrain components. Any other
deterioration or malfunction occurring in an electronic emission-
related powertrain system or component not otherwise described in
paragraphs (n)(1) through (n)(5) of this section that either provides
input to or receives commands from the on-board computer and has a
measurable impact on emissions; monitoring of components required by
this paragraph (n)(6) must be satisfied by employing electrical circuit
continuity checks and rationality checks for computer input components
(input values within manufacturer specified ranges based on other
available operating parameters), and functionality checks for computer
output components (proper functional response to computer commands)
except that the Administrator may waive such a rationality or
functionality check where the manufacturer has demonstrated
infeasibility. Malfunctions are defined as a failure of the system or
component to meet the electrical circuit continuity checks or the
rationality or functionality checks.
    (7) Performance of OBD functions. Any sensor or other component
deterioration or malfunction which renders that sensor or component
incapable of performing its function as part of the OBD system must be
detected and identified on engines so equipped.
    (o) For 2007 and later model year diesel complete heavy-duty
vehicles, in lieu of the certification provisions of paragraph (k) of
this section, the certification provisions of this paragraph (o) shall
apply. For test groups required to have an OBD system, certification
will not be granted if, for any test vehicle approved by the
Administrator in consultation with the manufacturer, the malfunction
indicator light does not illuminate under any of the following
circumstances, unless the manufacturer can demonstrate that any
identified OBD problems discovered during the Administrator's
evaluation will be corrected on production vehicles.
    (1)(i) If monitored for emissions performance--a reduction catalyst
is replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust emissions exceeding, for 2007
through 2009 model years, 4 times the applicable NOX
standard and, for 2010 through 2012 model years, the applicable
NOX standard+0.6 g/mi and, for 2013 and later model years,
the applicable NOX standard+0.3 g/mi. Also if monitored for
emissions performance-an oxidation catalyst (not to include the DPF) is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NMHC emissions exceeding, for
2010 through 2012 model years, 2.5 times the applicable NMHC standard
and, for 2013 and later model years, 2 times the applicable NMHC
standard. If monitored for exotherm performance for 2010 and later
model years, an oxidation catalsyt is replaced with a deteriorated or
defective catalyst, or an electronic simulation of such, resulting in
an inability to achieve a 100 degree C temperature rise, or the
necessary regeneration temperature, within 60 seconds of initiating a
DPF regeneration.
    (ii) If monitored for performance--a DPF is replaced with a DPF
that has catastrophically failed, or an electronic simulation of such.
Further, a DPF is replaced with a deteriorated or defective DPF, or an
electronic simulation of such, resulting in exhaust PM emissions
exceeding, for 2010 through 2012 model years, 4 times the applicable PM
standard and, for 2013 and later model years, the applicable PM
standard+0.04 g/mi.
    (2) An engine misfire condition is induced and is not detected.
    (3)(i) If so equipped, any oxygen sensor or air-fuel ratio sensor
located downstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
for 2007 through 2009 model years, 4 times the applicable PM standard,
or 3 times the applicable NOX standard, or 2.5 times the
applicable NMHC standard and, for 2010 through 2012 model years, 4
times the applicable PM standard, or the applicable NOX
standard+0.3 g/mi, or 2.5 times the applicable NMHC standard and, for
2013 and later model years, the applicable PM standard+0.04 g/mi, or
the applicable NOX standard+0.3 g/mi, or 2 times the
applicable NMHC standard.
    (ii) If so equipped, any oxygen sensor or air-fuel ratio sensor
located upstream of aftertreatment devices is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
for 2007 through 2009 model years, 4 times the applicable PM standard,
or 3 times the applicable NOX standard, or 2.5 times the
applicable NMHC standard, or 2.5 times the applicable CO standard and,
for 2010 through 2012 model years, the applicable PM standard+0.02 g/
mi, or the applicable NOX standard+0.3 g/mi, or 2.5 times
the applicable NMHC standard, or 2.5 times the applicable CO standard
and, for 2013 and later model years, the applicable PM standard+0.02 g/
mi, or the applicable NOX standard+0.3 g/mi, or 2 times the
applicable NMHC

[[Page 8423]]

standard, or 2 times the applicable CO standard.
    (iii) If so equipped, any NOX sensor is replaced with a
deteriorated or defective sensor, or an electronic simulation of such,
resulting in exhaust emissions exceeding any of the following levels:
for 2007 through 2009 model years, 5 times the applicable PM standard,
or 4 times the applicable NOX standard and, for 2010 through
2012 model years, 4 times the applicable PM standard, or the applicable
NOX standard+0.6 g/mi and, for 2013 and later model years,
the applicable PM standard+0.04 g/mi, or the applicable NOX
standard+0.3 g/mi.
    (4) [Reserved.]
    (5) A malfunction condition is induced in any emission-related
engine system or component, including but not necessarily limited to,
the exhaust gas recirculation (EGR) system, if equipped, and the fuel
control system, singularly resulting in exhaust emissions exceeding any
of the following levels: for 2007 through 2009 model years, 4 times the
applicable PM standard or 3 times the applicable NOX
standard, or 2.5 times the applicable NMHC standard, or 2.5 times the
applicable CO standard and, for 2010 through 2012 model years, 4 times
the applicable PM standard, or the applicable NOX
standard+0.3 g/mi, or 2.5 times the applicable NMHC standard, or 2.5
times the applicable CO standard and, for 2013 and later model years,
the applicable PM standard+0.02 g/mi, or the applicable NOX
standard+0.3 g/mi, or 2 times the applicable NMHC standard, or 2 times
the applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this
paragraph (o) that either provides input to or receives commands from
the on-board computer resulting in a measurable impact on emissions.

• 9. Section 86.1863-07 is amended by revising paragraphs (b) and (c) to
read as follows.

Sec.  86.1863-07  Optional chassis certification for diesel vehicles.

* * * * *
    (b) For OBD, diesel vehicles optionally certified under this
section are subject to the OBD requirements of Sec.  86.1806-05 and
superseding sections.
    (c) Diesel vehicles optionally certified under this section may be
tested using the test fuels, sampling systems, or analytical systems
specified for diesel engines in Subpart N of this part or in 40 CFR
part 1065.
* * * * *

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

• 10. The authority citation for part 89 continues to read as follows:

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

Subpart A--[Amended]

• 11. Section 89.1 is amended by revising paragraph (b)(5) to read as
follows:

Sec.  89.1  Applicability.

* * * * *
    (b) * * *
    (5) Hobby engines. This part does not apply for engines installed
in reduced-scale models of vehicles that are not capable of
transporting a person.
* * * * *

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

• 12. The authority citation for part 90 continues to read as follows:

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

Subpart G--[Amended]

• 13. Section 90.611 is revised to read as follows:

Sec.  90.611  Importation for purposes other than resale.

    The provisions of 40 CFR 1054.630 apply for importation of
nonconforming engines for personal use.

PART 1027--FEES FOR ENGINE, VEHICLE, AND EQUIPMENT COMPLIANCE PROGRAMS

• 14. The authority citation for part 1027 continues to read as follows:

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

• 15. Section 1027.105 is amended by revising the equation in paragraph
(c)(1)(i) and the equation in paragraph (c)(1)(ii) to read as follows.

Sec.  1027.105  How much are the fees?

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    [GRAPHIC]
[TIFF OMITTED] TR24FE09.003
   
* * * * *
    (ii) * * *
    [GRAPHIC]
[TIFF OMITTED] TR24FE09.004
   
* * * * *

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

• 16. The authority citation for part 1033 continues to read as follows:

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

Subpart B--[Amended]

• 17. Section 1033.150 is amended by revising Table 1 in paragraph (f) to
read as follows.

Sec.  1033.150  Interim provisions.

* * * * *
    (f) * * *

[[Page 8424]]

  Table 1 to Sec.   1033.150--In-use Adjustments for Tier 4 Locomotives
------------------------------------------------------------------------
                                           In-use adjustments (g/bhp-hr)
                                         -------------------------------
                                          For model year  For model year
  Fraction of useful life already used       2017 and        2017 and
                                          earlier Tier 4  earlier Tier 4
                                          NOX  standards   PM standards
------------------------------------------------------------------------
0 < MW-hrs <= 50% of UL.................             0.7            0.01
50 < MW-hrs <= 75% of UL................             1.0            0.01
MW-hrs > 75% of UL......................             1.3            0.01
------------------------------------------------------------------------

* * * * *

Subpart F--[Amended]

• 18. Section 1033.515 is amended by revising paragraph (c)(5) to read as
follows.

Sec.  1033.515  Discrete-mode steady-state emission tests of
locomotives and locomotive engines.

* * * * *
    (c) * * *
    (5) Begin proportional sampling of PM emissions at the beginning of
each sampling period and terminate sampling within &plusmn; 5
seconds of the specified time in each test mode. If the PM sample is
not sufficiently large, take one of the following actions consistent
with good engineering judgment:
    (i) Extend the sampling period up to a maximum of 15 minutes.
    (ii) Group the modes in the same manner as the phases of the ramped
modal cycle and use three different dilution settings for the groups.
Use one setting for both idle modes, one for dynamic brake through
notch 5, and one for notches 6 through 8. For each group, ensure that
the mode with the highest exhaust flow (typically normal idle, notch 5,
and notch 8) meets the criteria for minimum dilution ratio in 40 CFR
part 1065.
* * * * *
• 19. Section 1033.520 is amended by removing Tables 1 and 2 in paragraph
(e)(7), and adding a new paragraph (g) to read as follows:

Sec.  1033.520  Alternative ramped modal cycles.

* * * * *
    (g) The following tables define applicable ramped modal cycles for
line-haul and switch locomotives:

                       Table 1 to Sec.   1033.520--Line-Haul Locomotive Ramped Modal Cycle
----------------------------------------------------------------------------------------------------------------
                RMC test phase                  Weighting     RMC     Time in             Notch setting
----------------------------------------------    factor     mode       mode    --------------------------------
                                              ---------------------  (seconds)
                Pre-test idle                                      -------------     Lowest idle setting \1\
                                                    NA        NA     600 to 900
----------------------------------------------------------------------------------------------------------------
Phase 1                                        ...........       A          600  Low Idle.\2\
(Idle test)..................................        0.380       B          600  Normal Idle.
----------------------------------------------------------------------------------------------------------------
                                                Phase Transition
----------------------------------------------------------------------------------------------------------------
                                                                 C         1000  Dynamic Brake.\3\
                                                                 1          520  Notch 1.
Phase 2......................................        0.389       2          520  Notch 2.
                                                                 3          416  Notch 3.
                                                                 4          352  Notch 4.
                                                                 5          304  Notch 5.
----------------------------------------------------------------------------------------------------------------
                                                Phase Transition
----------------------------------------------------------------------------------------------------------------
                                                                 6          144  Notch 6.
Phase 3......................................        0.231       7          111  Notch 7.
                                                                 8          600  Notch 8.
----------------------------------------------------------------------------------------------------------------
\1\ See paragraph (d) of this section for alternate pre-test provisions.
\2\ Operate at normal idle for modes A and B if not equipped with multiple idle settings.
\3\ Operate at normal idle if not equipped with a dynamic brake.

[[Page 8425]]

                        Table 2 to Sec.   1033.520--Switch Locomotive Ramped Modal Cycle
----------------------------------------------------------------------------------------------------------------
                RMC test phase                  Weighting     RMC     Time in             Notch setting
----------------------------------------------    factor     mode       mode    --------------------------------
                                              ---------------------  (seconds)
                Pre-test idle                                      -------------     Lowest idle setting \1\
                                                    NA        NA     600 to 900
----------------------------------------------------------------------------------------------------------------
Phase 1                                        ...........       A          600  Low Idle.\2\
(Idle test)..................................        0.598       B          600  Normal Idle.
----------------------------------------------------------------------------------------------------------------
                                                Phase Transition
----------------------------------------------------------------------------------------------------------------
                                                                 1          868  Notch 1.
                                               ...........       2          861  Notch 2.
Phase 2......................................        0.377       3          406  Notch 3.
                                                                 4          252  Notch 4.
                                                                 5          252  Notch 5.
----------------------------------------------------------------------------------------------------------------
                                                Phase Transition
----------------------------------------------------------------------------------------------------------------
                                                                 6         1080  Notch 6.
Phase 3......................................        0.025       7          144  Notch 7.
                                                                 8          576  Notch 8.
----------------------------------------------------------------------------------------------------------------
\1\ See paragraph (d) of this section for alternate pre-test provisions.
\2\ Operate at normal idle for modes A and B if not equipped with multiple idle settings.

Subpart G--[Amended]

• 20. Section 1033.640 is amended by revising paragraph (a)(2) to read as
follows.

Sec.  1033.640  Provisions for repowered and refurbished locomotives.

    (a) * * *
    (2) Refurbished locomotives are locomotives that contain more
unused parts than previously used parts. As described in this section,
a locomotive containing more unused parts than previously used parts
may be deemed to be either remanufactured or freshly manufactured,
depending on the total amount of unused parts on the locomotive. Note
that Sec.  1033.901 defines refurbishment of a pre-1973 locomotive to
be an upgrade of the locomotive.
* * * * *

• 21. Section 1033.645 is amended by revising paragraph (a) to read as
follows.

Sec.  1033.645  Non-OEM component certification program.

* * * * *
    (a) Applicability. This section applies only for components that
are commonly replaced during remanufacturing. It does not apply for
other types of components that are replaced during a locomotive's
useful life, but not typically replaced during remanufacture. Certified
components may be used for remanufacturing or other maintenance.
    (1) The following components are eligible for approval under this
section:
    (i) Cylinder liners.
    (ii) Pistons.
    (iii) Piston rings.
    (iv) Heads
    (v) Fuel injectors.
    (vi) Turbochargers
    (vii) Aftercoolers and intercoolers.
    (2) Catalysts and electronic controls are not eligible for approval
under this section.
    (3) We may determine that other types of components can be
certified under this section, consistent with good engineering judgment.
* * * * *

PART 1042--CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE
COMPRESSION-IGNITION ENGINES AND VESSELS

• 22. The authority citation for part 1042 continues to read as follows:

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

Subpart B--[Amended]

• 23. Section 1042.101 is amended by revising Table 1 in paragraph (a)(3)
to read as follows:

Sec.  1042.101  Exhaust emission standards.

    (a) * * *
    (3) * * *

              Table 1 to Sec.   1042.101--Tier 3 Standards for Category 1 Engines Below 3700 kW \a\
----------------------------------------------------------------------------------------------------------------
                                                                                                       NOX + HC
  Power density and application     Displacement (L/     Maximum  engine    Model year   PM  (g/kW-   (g/kW-hr)
                                          cyl)                power                         hr)          \b\
----------------------------------------------------------------------------------------------------------------
All.............................  disp. < 0.9........  kW < 19...........        2009+         0.40          7.5
                                                       19 <= kW < 75.....    2009-2013         0.30          7.5
                                                                                 2014+         0.30          4.7
Commercial engines with kW/L <=   disp. < 0.9........  kW >= 75..........        2012+         0.14          5.4
 35 \b\.
                                  0.9 <= disp. < 1.2.  all...............        2013+         0.12          5.4
                                  1.2 <= disp. < 2.5.  kW < 600..........    2014-2017         0.11          5.6
                                                                                 2018+         0.10          5.6
                                                       kW >= 600.........        2014+         0.11          5.6
                                  2.5 <= disp. < 3.5.  kW < 600..........    2013-2017         0.11          5.6
                                                                                 2018+         0.10          5.6
                                                       kW >= 600.........        2013+         0.11          5.6
                                  3.5 <= disp. < 7.0.  kW < 600..........    2012-2017         0.11          5.8
                                                                                 2018+         0.10          5.8
                                                       kW >= 600.........        2012+         0.11          5.8

[[Page 8426]]

Commercial engines with kW/L >    disp. < 0.9........  kW >= 75..........        2012+         0.15          5.8
 35 and all recreational engines
 \b\.
                                  0.9 <= disp. < 1.2.  all...............        2013+         0.14          5.8
                                  1.2 <= disp. < 2.5.  ..................        2014+         0.12          5.8
                                  2.5 <= disp. < 3.5.  ..................        2013+         0.12          5.8
                                  3.5 <= disp. < 7.0.  ..................        2012+         0.11          5.8
----------------------------------------------------------------------------------------------------------------
\a\ No Tier 3 standards apply for commercial Category 1 engines at or above 3700 kW. See Sec.   1042.1(c) and
  paragraph (a)(6) of this section for the standards that apply for these engines.
\b\ The applicable NOX + HC standards specified for Tier 2 engines in Appendix I of this part continue to apply
  instead of the values noted in the table for commercial engines at or above 2000 kW. FELs for these engines
  may not be higher than the Tier 1 NOX standard specified in Appendix I of this part.

* * * * *

Subpart G--[Amended]

• 24. Section 1042.635 is amended by revising paragraphs (a) and (b) and
removing and reserving paragraph (c) to read as follows:

Sec.  1042.635   National security exemption.

* * * * *
    (a) An engine is exempt without a request if it will be used or
owned by an agency of the federal government responsible for national
defense, where the vessel in which it is installed has armor,
permanently attached weaponry, specialized electronic warfare systems,
unique stealth performance requirements, and/or unique combat
maneuverability requirements. This applies to both remanufactured and
freshly manufactured marine engines.
    (b) Manufacturers may request a national security exemption for
engines not meeting the conditions of paragraph (a) of this section, as
long as the request is endorsed by an agency of the federal government
responsible for national defense. Agencies of the federal government
responsible for national defense may request exemptions for
remanufactured engines. In your request, explain why you need the
exemption.
    (c) [Reserved].
* * * * *

Subpart I--[Amended]

• 25. Section 1042.850 is amended by adding paragraph (d) to read as follows:

Sec.  1042.850  Exemptions and hardship relief.

* * * * *
    (d) Other exemptions specified in subpart G of this part and 40 CFR
part 1068, subparts C and D also apply to remanufactured engines. For
example, the national security exemption applies to remanufactured
engines as described in Sec.  1042.635.

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

• 26. The authority citation for part 1048 continues to read as follows:

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

Subpart A--[Amended]

• 27. Section 1048.15 is amended by revising paragraph (a) to read as
follows:

Sec.  1048.15  Do any other regulation parts apply to me?

    (a) Part 1060 of this chapter describes standards and procedures
for controlling evaporative emissions from engines fueled by gasoline
or other volatile liquid fuels and the associated fuel systems. These
requirements apply to engine manufacturers as specified in this part
1048. Part 1060 applies optionally for equipment manufacturers and
fuel-system component manufacturers for certifying their products.
* * * * *

Subpart I--[Amended]

• 28. Section 1048.801 is amended by revising the definition for
``Constant-speed engine'' to read as follows:

Sec.  1048.801  What definitions apply to this part?

* * * * *
    Constant-speed engine means an engine that is certified only for
constant-speed operation. This may include engines that allow the
operator to adjust the set point for fixing the appropriate governed
speed. See subparts B and C of this part for specific provisions
related to certifying engines only for constant-speed operation.
Engines whose constant-speed governor function is removed or disabled
are no longer constant-speed engines.
* * * * *

PART 1054--CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-
IGNITION ENGINES AND EQUIPMENT

• 29. The authority citation for part 1054 continues to read as follows:

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

Subpart G--[Amended]

• 30. Section 1054.690 is amended by revising paragraph (a) to read as
follows:

Sec.  1054.690  What bond requirements apply for certified engines?

    (a) Before introducing certified engines into U.S. commerce, you
must post a bond to cover any potential compliance or enforcement
actions under the Clean Air Act unless you demonstrate to us in your
application for certification that you are able to meet any potential
compliance- or enforcement-related obligations, as described in this
section. See paragraph (j) of this section for the requirements related
to importing engines that have been certified by someone else. Note
that you might also post bond under this section to meet your
obligations under Sec.  1054.120.
* * * * *

PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE
NONROAD AND STATIONARY EQUIPMENT

• 31. The authority citation for part 1060 continues to read as follows:

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

Subpart B--[Amended]

• 32. Section 1060.102 is amended by revising paragraph (d)(1) to read as
follows:

[[Page 8427]]

Sec.  1060.102  What permeation emission control requirements apply for
fuel lines?

* * * * *
    (d) * * *
    (1) EPA Low-Emission Fuel Lines must have permeation emissions at
or below 10 g/m\2\/day when measured according to the test procedure
described in Sec.  1060.510. Fuel lines that comply with this emission
standard are deemed to comply with all the emission standards specified
in this section.
* * * * *

• 33. Section 1060.103 is amended by revising paragraph (d) to read as
follows:

Sec.  1060.103  What permeation emission control requirements apply for
fuel tanks?

* * * * *
    (d) For purposes of this part, fuel tanks do not include fuel lines
that are subject to Sec.  1060.102, petcocks designed for draining
fuel, grommets used with fuel lines, or grommets used with other hose
or tubing excluded from the definition of ``fuel line.'' Fuel tanks
include other fittings (such as fuel caps, gaskets, and O-rings) that
are directly mounted to the fuel tank.
* * * * *

• 34. Section 1060.105 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  1060.105  What diurnal requirements apply for equipment?

* * * * *
    (c) * * *
    (2) They must remain sealed up to a positive pressure of 24.5 kPa
(3.5 psig); however, they may contain air inlets that open when there
is a vacuum pressure inside the tank. Such fuel tanks may not contain
air outlets that vent to the atmosphere at pressures below 34.5 kPa
(5.0 psig).
* * * * *

Subpart F--[Amended]

• 35. Section 1060.501 is amended by revising paragraph (e) to read as
follows:

Sec.  1060.501  General testing provisions.

* * * * *
    (e) Accuracy and precision of mass balances must be sufficient to
ensure accuracy and precision of two percent or better for emission
measurements for products at the maximum level allowed by the standard.
The readability of the display may not be coarser than half of the
required accuracy and precision. Examples are shown in the following
table for a digital readout:

----------------------------------------------------------------------------------------------------------------
                                          Example #1       Example #2       Example #3
----------------------------------------------------------------------------------------------------------------
Applicable standard..................  1.5 g/m\2\/day.........  1.5 g/m\2\/day.........  15 g/m\2\/day.
Internal surface area................   1.15 m\2\.............   0.47 m\2\.............   0.015 m\2\.
Length of test.......................   14.0 days.............   14.0 days.............   14.1 days.
Maximum allowable mass change........   24.15 g...............   9.87 g................   3.173 g.
Required accuracy and precision......  &plusmn;0.483 g or   &plusmn;0.197 g or   &plusmn;0.0635 g or
                                        better.                  better.                  better.
Required readability.................   0.1 g or better.......   0.1 g or better.......   0.01 g or better.
----------------------------------------------------------------------------------------------------------------

• 36. Section 1060.510 is revised to read as follows:

Sec.  1060.510  How do I test EPA Low-Emission Fuel Lines for
permeation emissions?

    For EPA Low-Emission Fuel Lines, measure emissions according to SAE
J2260, which is incorporated by reference in Sec.  1060.810.

• 37. Section 1060.515 is amended by revising paragraphs (a)(1) and (c)
to read as follows:

Sec.  1060.515  How do I test EPA Nonroad Fuel Lines and EPA Cold-
Weather Fuel Lines for permeation emissions?

* * * * *
    (a) * * *
    (1) For EPA Nonroad Fuel Lines, use Fuel CE10, which is Fuel C as
specified in ASTM D471 (incorporated by reference in Sec.  1060.810)
blended with ethanol such that the blended fuel has 10.0 &plusmn;
1.0 percent ethanol by volume.
* * * * *
    (c) Measure fuel line permeation emissions using the equipment and
procedures for weight-loss testing specified in SAE J30 or SAE J1527
(incorporated by reference in Sec.  1060.810). Start the measurement
procedure within 8 hours after draining and refilling the fuel line.
Perform the emission test over a sampling period of 14 days.
* * * * *

PART 1065--ENGINE-TESTING PROCEDURES

• 38. The authority citation for part 1065 continues to read as follows:

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

Subpart G--[Amended]

• 39. Section 1065.672 is amended by revising paragraph (d)(2) to read as
follows:

Sec.  1065.672  Drift correction.

* * * * *
    (d) * * *
    (2) Correct for drift using the following equation:
    [GRAPHIC] [TIFF OMITTED] TR24FE09.005
   
Where:

xidriftcorrected = concentration corrected for drift.
xrefzero = reference concentration of the zero gas, which
is usually zero unless known to be otherwise.
xrefspan = reference concentration of the span gas.
xprespan = pre-test interval gas analyzer response to the
span gas concentration.
xpostspan = post-test interval gas analyzer response to
the span gas concentration.
xi or x = concentration recorded during test, before
drift correction.
xprezero = pre-test interval gas analyzer response to the
zero gas concentration.
xpostzero = post-test interval gas analyzer response to
the zero gas concentration.

Example:

xrefzero = 0 &mu;mol/mol
xrefspan = 1800.0 &mu;mol/mol
xprespan = 1800.5 &mu;mol/mol
xpostspan = 1695.8 &mu;mol/mol
xi or x = 435.5 &mu;mol/mol
xprezero = 0.6 &mu;mol/mol

[[Page 8428]]

xpostzero = -5.2 &mu;mol/mol
[GRAPHIC] [TIFF OMITTED] TR24FE09.006

xidriftcorrected = 450.2 &mu;mol/mol
* * * * *

Subpart K--[Amended]

• 40. Section 1065.1001 is amended by revising the definition for
``Constant-speed operation'' to read as follows:

Sec.  1065.1001  Definitions.

* * * * *
    Constant-speed operation means engine operation with a governor
that automatically controls the operator demand to maintain engine
speed, even under changing load. Governors do not always maintain speed
exactly constant. Typically speed can decrease (0.1 to 10) % below the
speed at zero load, such that the minimum speed occurs near the
engine's point of maximum power. (Note: An engine with an adjustable
governor setting may be considered to operate at constant speed,
subject to our approval. For such engines, the governor setting is
considered an adjustable parameter.)
* * * * *

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS

• 41. The authority citation for part 1068 continues to read as follows:

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

Subpart C--[Amended]

• 42. Section 1068.201 is amended by revising paragraph (h) to read as
follows:

Sec.  1068.201  Does EPA exempt or exclude any engines/equipment from
the prohibited acts?

* * * * *
    (h) You may ask us to modify the administrative requirements for
the exemptions described in this subpart or in subpart D of this part.
We may approve your request if we determine that such approval is
consistent with the intent of this part. For example, waivable
administrative requirements might include some reporting requirements,
but would not include any eligibility requirements or use restrictions.
* * * * *

• 43. Section 1068.225 is amended by revising paragraphs (a) and (b) and
removing and reserving paragraph (c) to read as follows:

Sec.  1068.225  What are the provisions for exempting engines/equipment
for national security?

    (a) An engine/equipment is exempt without a request if it will be
used or owned by an agency of the federal government responsible for
national defense, where the equipment in which it is installed has
armor, permanently attached weaponry, or other substantial features
typical of military combat.
    (b) Manufacturers may request a national security exemption for
engines/equipment not meeting the conditions of paragraph (b) of this
section as long as the request is endorsed by an agency of the federal
government responsible for national defense. In your request, explain
why you need the exemption.
    (c) [Reserved].
* * * * *

Subpart D--[Amended]

• 44. Section 1068.325 is amended as follows:
• a. By revising paragraph (g).
• b. By redesignating paragraph (i) as paragraph (j).
• c. By adding and reserving paragraph (i).

Sec.  1068.325  What are the temporary exemptions for imported engines/
equipment?

* * * * *
    (g) You may import an engine if another company already has a
certificate of conformity and will be modifying the engine to be in its
final, certified configuration under the provisions of Sec.  1068.262.
You may also import a partially complete engine by shipping it from one
of your facilities to another under the provisions of Sec. 
1068.260(c). If you are importing a used engine that becomes new as a
result of importation, you must meet all the requirements that apply to
original engine manufacturers under Sec.  1068.262.
* * * * *
    (i) [Reserved]
* * * * *

[FR Doc. E9-2405 Filed 2-23-09; 8:45 am]
BILLING CODE 6560-50-P

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