[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.225]

[Page 633-634]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES
AND VEHICLES--Table of Contents
 
                  Subpart C_Certifying Engine Families
 
Sec.  1051.225  How do I amend my application for certification to include new or modified vehicles or to change an FEL?

    Before we issue you a certificate of conformity, you may amend your 
application to include new or modified vehicle configurations, subject 
to the provisions of this section. After we have issued your certificate 
of conformity, you may send us an amended application requesting that we 
include new or modified vehicle configurations within the scope of the 
certificate, subject to the provisions of this section. You must amend 
your application if any changes occur with respect to any information 
included in your application.
    (a) You must amend your application before you take any of the 
following actions:
    (1) Add a vehicle (that is, an additional vehicle configuration) to 
an engine family. In this case, the vehicle added must be consistent 
with other vehicles in the engine family with respect to the criteria 
listed in Sec.  1051.230.
    (2) Change a vehicle already included in an engine family in a way 
that may affect emissions, or change any of the components you described 
in your application for certification. This includes production and 
design changes that may affect emissions any time during the engine's 
lifetime.
    (3) Modify an FEL for an engine family, as described in paragraph 
(f) of this section.

[[Page 634]]

    (b) To amend your application for certification, send the Designated 
Compliance Officer the following information:
    (1) Describe in detail the addition or change in the vehicle model 
or configuration you intend to make.
    (2) Include engineering evaluations or data showing that the amended 
engine family complies with all applicable requirements. You may do this 
by showing that the original emission-data vehicle is still appropriate 
with respect to showing compliance of the amended family with all 
applicable requirements.
    (3) If the original emission-data vehicle for the engine family is 
not appropriate to show compliance for the new or modified vehicle, 
include new test data showing that the new or modified vehicle meets the 
requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You 
must give us these within 30 days after we request them.
    (d) For engine families already covered by a certificate of 
conformity, we will determine whether the existing certificate of 
conformity covers your new or modified vehicle. You may ask for a 
hearing if we deny your request (see Sec.  1051.820).
    (e) For engine families already covered by a certificate of 
conformity, you may start producing the new or modified vehicle anytime 
after you send us your amended application, before we make a decision 
under paragraph (d) of this section. However, if we determine that the 
affected vehicles do not meet applicable requirements, we will notify 
you to cease production of the vehicles and may require you to recall 
the vehicles at no expense to the owner. Choosing to produce vehicles 
under this paragraph (e) is deemed to be consent to recall all vehicles 
that we determine do not meet applicable emission standards or other 
requirements and to remedy the nonconformity at no expense to the owner. 
If you do not provide information required under paragraph (c) of this 
section within 30 days, you must stop producing the new or modified 
vehicles.
    (f) You may ask to change your FEL in the following cases:
    (1) You may ask to raise your FEL for your engine family after the 
start of production. You must use the higher FEL for the entire family 
to calculate your average emission level under subpart H of this part. 
In your request, you must demonstrate that you will still be able to 
comply with the applicable average emission standards as specified in 
subparts B and H of this part.
    (2) You may ask to lower the FEL for your engine family after the 
start of production only when you have test data from production 
vehicles indicating that your vehicles comply with the lower FEL. You 
may create a separate subfamily with the lower FEL. Otherwise, you must 
use the higher FEL for the family to calculate your average emission 
level under subpart H of this part.
    (3) If you change the FEL during production, you must include the 
new FEL on the emission control information label for all vehicles 
produced after the change.

[70 FR 40494, July 13, 2005]