Alan
Stout
EPA­
OAR,
OTAQ,
ASD
Received
Date:
03/
04/
2005
05:
05:
26
PM
To:
kkokrda@
enginemanufacturers.
org
cc:
Subject:
Updated
reg
draft
Kevin,
Attached
is
the
updated
draft
reg
language
for
parts
85,
86,
89,
94,
1039,
and
1068.
This
should
cover
most
of
what
we
talked
about
last
month,
though
we
can
follow
up
to
nail
down
a
few
remaining
things.

I
should
highlight
one
remaining
issue
for
our
discussions.
We
are
hesitating
to
drop
the
requirement
for
supplemental
labels
under
the
provisions
of
1039.605
and
1039.610,
largely
because
the
sales
threshold
is
so
high.
Since
nonroad
sales
can
go
up
to
50
percent
of
the
whole
engine
family,
manufacturers
could
use
these
sections
for
very
substantial
sales
volumes.
If
we
could
agree
to
limit
the
sales
threshold
to,
say,
5
percent,
we
would
probably
be
ready
to
consider
this
a
provision
for
exceptional
situations
and
not
worry
about
the
label.
If
you
and
your
members
could
give
us
feedback
on
these
tradeoffs,
that
would
help
us
decide
what
is
best
to
do.

This
file
is
bigger
than
I
wanted
it
to
be,
but
you
can
feel
free
to
share
it
as
appropriate.
It
will
also
be
in
the
docket
shortly
if
it
works
better
for
people
to
download
it.

Alan
For
the
reasons
set
out
in
the
preamble,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
is
proposed
to
be
amended
as
follows:

PART
85
 
CONTROL
OF
AIR
POLLUTION
FROM
MOBILE
SOURCES
1.
The
authority
citation
for
part
85
continues
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

2.
Section
85.1502
is
amended
by
revising
paragraph
(
a)(
14)
to
read
as
follows:
§
85.1502
Definitions.
(
a)
*
*
*
(
14)
United
States.
United
States
includes
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
and
the
U.
S.
Virgin
Islands.
*
*
*
*
*

3.
Section
85.1503
is
amended
by
revising
the
section
heading
and
adding
paragraphs
(
c),
(
d),
and
(
e)
to
read
as
follows:
§
85.1503
General
requirements
for
importation
of
nonconforming
vehicles
and
engines.
*
*
*
*
*
(
c)
In
any
one
certificate
year
(
e.
g.,
the
current
model
year),
an
ICI
may
finally
admit
no
more
than
the
following
numbers
of
nonconforming
vehicles
or
engines
into
the
United
States
under
the
provisions
of
§
85.1505
and
§
85.1509,
except
as
allowed
by
paragraph
(
e)
of
this
section:
(
1)
5
heavy­
duty
engines.
(
2)
A
total
of
50
light­
duty
vehicles,
light­
duty
trucks,
and
medium­
duty
passenger
vehicles.
(
3)
50
highway
motorcycles.
(
d)
For
ICIs
owned
by
a
parent
company,
the
importation
limits
in
paragraph
(
c)
of
this
section
include
importation
by
the
parent
company
and
all
its
subsidiaries.
(
e)
An
ICI
may
exceed
the
limits
outlined
paragraphs(
c)
and
(
d)
of
this
section,
provided
that
any
vehicles/
engines
in
excess
of
the
limits
meet
the
emission
standards
and
other
requirements
outlined
in
the
provisions
of
§
85.1515
for
the
model
year
in
which
the
motor
vehicle/
engine
is
modified
(
instead
of
the
emission
standards
and
other
requirements
applicable
for
the
OP
year
of
the
vehicle/
engine).

4.
Section
85.1513
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
85.1513
Prohibited
acts;
penalties.
*
*
*
*
*
(
d)
Any
importer
who
violates
section
203(
a)(
1)
of
the
Act
is
subject
to
a
civil
penalty
under
section
205
of
the
Act
of
not
more
than
$
32,500
for
each
vehicle
or
engine
subject
to
the
violation.
In
addition
to
the
penalty
provided
in
the
Act,
where
applicable,
under
the
exemption
provisions
of
§
85.1511(
b),
or
under
§
85.1512,
any
person
or
entity
who
fails
to
deliver
such
vehicle
or
engine
to
the
U.
S.
Customs
Service
is
liable
for
liquidated
damages
in
the
amount
of
the
bond
required
by
applicable
Customs
laws
and
regulations.
*
*
*
*
*

5.
Section
85.1515
is
amended
by
revising
paragraphs
(
c)(
1)
and
(
c)(
2)
to
read
as
follows:
§
85.1515
Emission
standards
and
test
procedures
applicable
to
imported
nonconforming
motor
vehicles
and
motor
vehicle
engines.
*
*
*
*
*
(
c)(
1)
Nonconforming
motor
vehicles
or
motor
vehicle
engines
of
1994
OP
model
year
and
later
conditionally
imported
pursuant
to
§
85.1505
or
§
85.1509
shall
meet
all
of
the
emission
standards
specified
in
40
CFR
Part
86
for
the
OP
year
of
the
vehicle
or
motor
vehicle
engine.
At
the
option
of
the
ICI,
the
nonconforming
motor
vehicle
may
comply
with
the
emissions
standards
in
40
CFR
86.1708­
99
or
86.1709­
99,
as
applicable
to
a
light­
duty
vehicle
or
light
light­
duty
truck,
in
lieu
of
the
otherwise
applicable
emissions
standards
specified
in
40
CFR
Part
86
for
the
OP
year
of
the
vehicle.
The
provisions
of
40
CFR
86.1710­
99
do
not
apply
to
imported
nonconforming
motor
vehicles.
The
useful
life
specified
in
40
CFR
part
86
for
the
OP
year
of
the
motor
vehicle
or
motor
vehicle
engine
is
applicable
where
useful
life
is
not
designated
in
this
subpart.
(
2)(
i)
Nonconforming
light­
duty
vehicles
and
light
light­
duty
trucks
(
LDV/
LLDTs)
originally
manufactured
in
OP
years
2004,
2005
or
2006
must
meet
the
FTP
exhaust
emission
standards
of
bin
9
in
Tables
S04­
1
and
S04­
2
in
40
CFR
86.1811­
04
and
the
evaporative
emission
standards
for
light­
duty
vehicles
and
light
light­
duty
trucks
specified
in
40
CFR
86.1811­
01(
e)(
5).
(
ii)
Nonconforming
LDT3s
and
LDT4s
(
HLDTs)
and
medium­
duty
passenger
vehicles
(
MDPVs)
originally
manufactured
in
OP
years
2004
through
2006
must
meet
the
FTP
exhaust
emission
standards
of
bin
10
in
Tables
S04­
1
and
S04­
2
in
40
CFR
86.1811­
04
and
the
applicable
evaporative
emission
standards
specified
in
40
CFR
86.1811­
04(
e)(
5).
For
2004
OP
year
HLDTs
and
MDPVs
where
modifications
commence
on
the
first
vehicle
of
a
test
group
before
December
21,
2003,
this
requirement
does
not
apply
to
the
2004
OP
year.
ICIs
opting
to
bring
all
of
their
2004
OP
year
HLDTs
and
MDPVs
into
compliance
with
the
exhaust
emission
standards
of
bin
10
in
Tables
S04­
1
and
S04­
2
in
40
CFR
86.1811­
04
,
may
use
the
optional
higher
NMOG
values
for
their
2004­
2006
OP
year
LDT2s
and
2004­
2008
LDT4s.
(
iii)
Nonconforming
LDT3s
and
LDT4s
(
HLDTs)
and
medium­
duty
passenger
vehicles
(
MDPVs)
originally
manufactured
in
OP
years
2007
and
2008
must
meet
the
FTP
exhaust
emission
standards
of
bin
8
in
Tables
S04­
1
and
S04­
2
in
40
CFR
86.1811­
04
and
the
applicable
evaporative
standards
specified
in
40
CFR
86.1811­
04(
e)(
5).
(
iv)
Nonconforming
LDV/
LDTs
originally
manufactured
in
OP
years
2007
and
later
and
nonconforming
HLDTs
and
MDPVs
originally
manufactured
in
OP
years
2009
and
later
must
meet
the
FTP
exhaust
emission
standards
of
bin
5
in
Tables
S04­
1
and
S04­
2
in
40
CFR
86.1811­
04,
and
the
evaporative
standards
specified
in
40
CFR
86.1811(
e)(
1)
through
(
e)(
4).
(
v)
ICIs
are
exempt
from
the
Tier
2
and
the
interim
non­
Tier2
phase­
in
intermediate
percentage
requirements
for
exhaust,
evaporative,
and
refueling
emissions
described
in
40
CFR
86.1811­
04.
(
vi)
In
cases
where
multiple
standards
exist
in
a
given
model
year
in
40
CFR
part
86
due
to
phase­
in
requirements
of
new
standards,
the
applicable
standards
for
motor
vehicle
engines
required
to
be
certified
to
engine­
based
standards
are
the
least
stringent
standards
applicable
to
the
engine
type
for
the
OP
year.
*
*
*
*
*

6.
Section
85.1713
is
added
to
subpart
R
to
read
as
follows:
§
85.1713
Delegated­
assembly
exemption.
The
provisions
of
this
section
apply
for
manufacturers
of
heavy­
duty
highway
engines.
(
a)
Shipping
an
engine
separately
from
an
aftertreatment
component
that
you
have
specified
as
part
of
its
certified
configuration
will
not
be
a
violation
of
the
prohibitions
in
Clean
Air
Act
section
203
(
42
U.
S.
C.
7522),
if
you
follow
the
provisions
of
paragraph
(
b)
or
(
c)
of
this
section.
(
b)
If
you
include
the
cost
of
all
aftertreatment
components
in
the
cost
of
the
engine
and
ship
the
aftertreatment
components
directly
to
the
vehicle
manufacturer,
or
arrange
for
separate
shipment
by
the
component
manufacturer
to
the
vehicle
manufacturer,
you
must
meet
all
the
following
conditions:
(
1)
Apply
for
and
receive
a
certificate
of
conformity
for
the
engine
and
its
emissioncontrol
system
before
shipment.
(
2)
Provide
installation
instructions
in
enough
detail
to
ensure
that
the
engine
will
be
in
its
certified
configuration
if
someone
follows
these
instructions.
(
3)
Have
a
contractual
agreement
with
a
vehicle
manufacturer
obligating
the
vehicle
manufacturer
to
complete
the
final
assembly
of
the
engine
so
it
is
in
its
certified
configuration
when
installed
in
the
vehicle.
This
agreement
must
also
obligate
the
vehicle
manufacturer
to
provide
the
affidavits
required
under
paragraph
(
b)(
4)
of
this
section.
(
4)
Take
appropriate
additional
steps
to
ensure
that
all
engines
will
be
in
their
certified
configuration
when
installed
by
the
vehicle
manufacturer.
At
a
minimum,
you
must
obtain
annual
affidavits
from
every
vehicle
manufacturer
to
whom
you
sell
engines
under
this
section.
Include
engines
that
you
sell
through
distributors
or
dealers.
The
affidavits
must
list
the
part
numbers
of
the
aftertreatment
devices
that
vehicle
manufacturers
install
on
each
engine
they
purchase
from
you
under
this
section.
(
5)
Describe
in
your
application
for
certification
how
you
plan
to
use
the
provisions
of
this
section
and
any
steps
you
plan
to
take
under
paragraph
(
b)(
3)
of
this
section.
(
6)
Keep
records
to
document
how
many
engines
you
produce
under
this
exemption.
Also,
keep
records
to
document
your
contractual
agreements
under
paragraph
(
b)(
3)
of
this
section.
Keep
all
these
records
for
five
years
after
the
end
of
the
model
year
and
make
them
available
to
us
upon
request.
(
7)
Make
sure
the
engine
has
the
emission
control
information
label
we
require
under
the
standard­
setting
part.
(
c)
If
you
do
not
include
the
cost
of
all
aftertreatment
components
in
the
cost
of
the
engine,
you
must
meet
all
the
conditions
described
in
paragraphs
(
b)(
1)
through
(
7)
of
this
section,
with
the
following
additional
provisions:
(
1)
The
contractual
agreement
described
in
paragraph
(
b)(
3)
of
this
section
must
include
a
commitment
that
the
vehicle
manufacturer
will
do
the
following
things:
(
i)
Separately
purchase
the
aftertreatment
components
you
have
specified
in
your
application
for
certification.
(
ii)
Perform
audits
as
described
in
paragraph
(
c)(
2)
of
this
section.
(
2)
Before
you
ship
an
engine
under
the
provisions
of
this
paragraph
(
c),
you
must
have
written
confirmation
that
the
vehicle
manufacturer
has
ordered
and
paid
for
the
appropriate
aftertreatment
components.
(
3)
You
must
audit
vehicle
manufacturers
as
follows:
(
i)
If
you
sell
engines
to
16
or
more
vehicle
manufacturers
under
the
provisions
of
this
section,
you
must
annually
audit
four
vehicle
manufacturers
to
whom
you
sell
engines
under
this
section.
To
select
individual
vehicle
manufacturers,
divide
all
the
affected
vehicle
manufacturers
into
quartiles
based
on
the
number
of
engines
they
buy
from
you;
select
a
single
vehicle
manufacturer
from
each
quartile
each
model
year.
Vary
the
vehicle
manufacturers
you
audit
from
year
to
year,
though
you
may
repeat
an
audit
in
a
later
model
year
if
you
find
or
suspect
that
a
particular
vehicle
manufacturer
is
not
properly
installing
aftertreatment
devices.
(
ii)
If
you
sell
engines
to
fewer
than
16
vehicle
manufacturers
under
the
provisions
of
this
section,
set
up
a
plan
to
audit
each
vehicle
manufacturer
on
average
once
every
four
model
years.
(
iii)
Starting
with
the
2014
model
year,
if
you
sell
engines
to
fewer
than
40
vehicle
manufacturers
under
the
provisions
of
this
section,
you
may
ask
us
to
approve
a
reduced
auditing
rate.
We
may
approve
an
alternate
plan
that
involves
auditing
each
vehicle
manufacturer
on
average
once
every
ten
model
years,
as
long
as
you
show
that
you
have
met
the
auditing
requirements
in
preceding
years
without
finding
noncompliance
or
improper
procedures.
(
iv)
Audits
must
involve
the
assembling
companies'
facilities,
procedures,
and
production
records
to
monitor
their
compliance
with
your
instructions,
must
include
investigation
of
some
assembled
engines,
and
must
confirm
that
the
number
of
aftertreatment
devices
shipped
were
sufficient
for
the
number
of
engines
produced.
Where
a
vehicle
manufacturer
is
not
located
in
the
United
States,
you
may
conduct
the
audit
at
a
distribution
or
port
facility
in
the
United
States.
(
v)
If
you
produce
engines
and
use
them
to
produce
vehicles
under
the
provisions
of
this
section,
you
must
take
steps
ensure
that
your
facilities,
procedures,
and
production
records
are
set
up
to
ensure
compliance
with
the
provisions
of
this
section,
but
you
may
meet
your
auditing
responsibilities
under
paragraph
(
c)(
2)(
iii)
of
this
section
by
maintaining
a
database
showing
how
you
pair
aftertreatment
components
with
the
appropriate
engines.
(
vi)
You
must
keep
records
of
these
audits
and
provide
a
report
describing
any
uninstalled
or
improperly
installed
aftertreatment
components
to
us
within
90
days
of
the
audit.
(
4)
In
your
application
for
certification,
give
a
detailed
plan
for
auditing
vehicle
manufacturers,
as
described
in
paragraph
(
c)(
2)
of
this
section.
(
d)
An
engine
you
produce
under
this
section
becomes
new
when
it
is
fully
assembled,
except
for
aftertreatment
devices,
for
the
first
time.
Use
this
date
to
determine
the
engine's
model
year.
(
e)
Once
the
vehicle
manufacturer
takes
possession
of
an
engine
exempted
under
this
section,
the
exemption
expires
and
the
engine
is
subject
to
all
the
prohibitions
in
Clean
Air
Act
section
203
(
42
U.
S.
C.
7522).
(
f)
You
must
notify
us
within
15
days
if
you
find
from
an
audit
or
another
source
that
a
vehicle
manufacturer
has
failed
to
meet
its
obligations
under
this
section.
(
g)
We
may
suspend,
revoke,
or
void
an
exemption
under
this
section,
as
follows:
(
1)
We
may
suspend
or
revoke
your
exemption
for
the
entire
engine
family
if
we
determine
that
any
of
the
engines
are
not
in
their
certified
configuration
after
installation
in
the
vehicle,
or
if
you
fail
to
comply
with
the
requirements
of
this
section.
If
we
suspend
or
revoke
the
exemption
for
any
of
your
engine
families
under
this
paragraph
(
g),
this
exemption
will
not
apply
for
future
certificates
unless
you
demonstrate
that
the
factors
causing
the
nonconformity
do
not
apply
to
the
other
engine
families.
We
may
suspend
or
revoke
the
exemption
for
shipments
to
a
single
facility
where
final
assembly
occurs.
(
2)
We
may
void
your
exemption
for
the
entire
engine
family
if
you
intentionally
submit
false
or
incomplete
information
or
fail
to
keep
and
provide
to
EPA
the
records
required
by
this
section.
(
h)
You
are
liable
for
the
in­
use
compliance
of
any
engine
that
is
exempt
under
this
section.
(
i)
It
is
a
violation
of
the
Act
for
any
person
to
complete
assembly
of
the
exempted
engine
without
complying
fully
with
the
installation
instructions.
(
j)
[
Reserved]
(
k)
You
may
ask
us
to
provide
a
temporary
exemption
to
allow
you
to
complete
production
of
your
engines
at
different
facilities,
as
long
as
you
maintain
control
of
the
engines
until
they
are
in
their
certified
configuration.
We
may
require
you
to
take
specific
steps
to
ensure
that
such
engines
are
in
their
certified
configuration
before
reaching
the
ultimate
purchaser.
You
may
request
an
exemption
under
this
paragraph
(
k)
in
your
application
for
certification,
or
in
a
separate
submission
to
the
Designated
Compliance
Officer.

7.
Section
85.2111
is
amended
by
revising
the
introductory
text
and
adding
paragraph
(
d)
to
read
as
follows:
§
85.2111
Warranty
enforcement.
The
following
acts
are
prohibited
and
may
subject
a
manufacturer
to
up
to
a
$
32,500
civil
penalty
for
each
offense,
except
as
noted
in
paragraph
(
d)
of
this
section:
*
*
*
*
*
(
d)
The
maximum
penalty
value
listed
in
this
section
is
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
adjusted
based
on
the
Consumer
Price
Index.
The
specific
regulatory
provisions
for
changing
the
maximum
penalties,
published
in
40
CFR
part
19,
reference
the
applicable
U.
S.
Code
citation
on
which
the
prohibited
action
is
based.

8.
Appendix
II
to
subpart
V
is
amended
by
revising
section
1
of
part
A
to
read
as
follows:
Appendix
II
to
Subpart
V
of
Part
85
 
Arbitration
Rules
Part
A
 
Pre­
Hearing
Section
1:
Initiation
of
Arbitration
Either
party
may
commence
an
arbitration
under
these
rules
by
filing
at
any
regional
office
of
the
American
Arbitration
Association
(
the
AAA)
three
copies
of
a
written
submission
to
arbitrate
under
these
rules,
signed
by
either
party.
It
shall
contain
a
statement
of
the
matter
in
dispute,
the
amount
of
money
involved,
the
remedy
sought,
and
the
hearing
locale
requested,
together
with
the
appropriate
administrative
fee
as
provided
in
the
Administrative
Fee
Schedule
of
the
AAA
in
effect
at
the
time
the
arbitration
is
filed.
The
filing
party
shall
notify
the
MOD
Director
in
writing
within
14
days
of
when
it
files
for
arbitration
and
provide
the
MOD
Director
with
the
date
of
receipt
of
the
bill
by
the
part
manufacturer.
Unless
the
AAA
in
its
discretion
determines
otherwise
and
no
party
disagrees,
the
Expedited
Procedures
(
as
described
in
Part
E
of
these
Rules)
shall
be
applied
in
any
case
where
no
disclosed
claim
or
counterclaim
exceeds
$
32,500,
exclusive
of
interest
and
arbitration
costs.
Parties
may
also
agree
to
the
Expedited
Procedures
in
cases
involving
claims
in
excess
of
$
32,500.
All
other
cases,
including
those
involving
claims
not
in
excess
of
$
32,500
where
either
party
so
desires,
shall
be
administered
in
accordance
with
Parts
A
through
D
of
these
Rules.

PART
86
 
CONTROL
OF
EMISSIONS
FROM
NEW
AND
IN­
USE
HIGHWAY
VEHICLES
AND
ENGINES
9.
The
authority
citation
for
part
86
continues
to
read
as
follows:
Authority:
42
U.
S.
C.
7401­
7671q.

10.
Section
86.004­
16
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
86.004­
16
Prohibition
of
defeat
devices.
*
*
*
*
*
(
d)
For
vehicle
and
engine
designs
designated
by
the
Administrator
to
be
investigated
for
possible
defeat
devices:
(
1)
General.
The
manufacturer
must
show
to
the
satisfaction
of
the
Administrator
that
the
vehicle
or
engine
design
does
not
incorporate
strategies
that
reduce
emission
control
effectiveness
exhibited
during
the
applicable
Federal
emissions
test
procedures
when
the
vehicle
or
engine
is
operated
under
conditions
which
may
reasonably
be
expected
to
be
encountered
in
normal
operation
and
use,
unless
one
of
the
specific
exceptions
set
forth
in
the
definition
of
"
defeat
device"
in
§
86.004­
2
has
been
met.
(
2)
Information
submissions
required.
The
manufacturer
will
provide
an
explanation
containing
detailed
information
(
including
information
which
the
Administrator
may
request
to
be
submitted)
regarding
test
programs,
engineering
evaluations,
design
specifications,
calibrations,
on­
board
computer
algorithms,
and
design
strategies
incorporated
for
operation
both
during
and
outside
of
the
applicable
Federal
emission
test
procedure.

11.
Section
86.004­
26
is
amended
by
revising
paragraph
(
c)(
4)
to
read
as
follows:
§
86.004­
26
Mileage
and
service
accumulation;
emission
measurements.
*
*
*
*
*
(
c)
*
*
*
(
4)
The
manufacturer
shall
determine,
for
each
engine
family,
the
number
of
hours
at
which
the
engine
system
combination
is
stabilized
for
emission­
data
testing.
The
manufacturer
shall
maintain,
and
provide
to
the
Administrator
if
requested,
a
record
of
the
rationale
used
in
making
this
determination.
The
manufacturer
may
elect
to
accumulate
125
hours
on
each
test
engine
within
an
engine
family
without
making
a
determination.
Any
engine
used
to
represent
emission­
data
engine
selections
under
§
86.094­
24(
b)(
2)
shall
be
equipped
with
an
engine
system
combination
that
has
accumulated
at
least
the
number
of
hours
determined
under
this
paragraph.
Complete
exhaust
emission
tests
shall
be
conducted
for
each
emission­
data
engine
selection
under
§
86.094­
24(
b)(
2).
Evaporative
emission
controls
must
be
connected,
as
described
in
40
CFR
part
1065,
subpart
F.
The
Administrator
may
determine
under
§
86.094­
24(
f)
that
no
testing
is
required.
*
*
*
*
*

12.
Section
86.007­
11
is
amended
by
revising
paragraphs
(
a)(
2)
and
(
a)(
3)(
i)
and
adding
paragraph
(
g)(
6)
to
read
as
follows:
§
86.007­
11
Emission
standards
and
supplemental
requirements
for
2007
and
later
model
year
heavy­
duty
engines
and
vehicles.
*
*
*
*
*
(
a)
*
*
*
(
2)
The
standards
set
forth
in
paragraph
(
a)(
1)
of
this
section
refer
to
the
exhaust
emitted
over
the
duty
cycle
specified
in
paragraphs
(
a)(
2)(
i)
through
(
iii)
of
this
section,
where
exhaust
emissions
are
measured
and
calculated
as
specified
in
paragraphs
(
a)(
2)(
iv)
and
(
v)
of
this
section
in
accordance
with
the
procedures
set
forth
in
40
CFR
part
1065,
except
as
noted
in
§
86.007­
23(
c)(
2):
(
i)
Perform
the
test
interval
set
forth
in
paragraph
(
f)(
2)
of
Appendix
I
of
this
part
with
a
cold­
start
according
to
40
CFR
part
1065,
subpart
F.
This
is
the
cold­
start
test
interval.
(
ii)
Shut
down
the
engine
after
completing
the
test
interval
and
allow
20
minutes
to
elapse.
This
is
the
hot­
soak.
(
iii)
Repeat
the
test
interval.
This
is
the
hot­
start
test
interval.
(
iv)
Calculate
the
total
emission
mass
of
each
constituent,
m,
and
the
total
work,
W,
over
each
test
interval
according
to
40
CFR
1065.650.
(
v)
Determine
your
engine's
brake­
specific
emissions
using
the
following
calculation,
which
weights
the
emissions
from
the
cold­
start
and
hot­
start
test
intervals:
6
6
cold
start
hot
start
cold
start
hot
start
m
m
brake
specific
emissions
W
W
 
 

 
 
+
 
=
+


(
3)*
*
*
(
i)
Exhaust
emissions,
as
determined
under
§
86.1360­
2007(
b)
pertaining
to
the
supplemental
emission
test
cycle,
for
each
regulated
pollutant
shall
not
exceed
1.0
times
the
applicable
emission
standards
or
FELs
specified
in
paragraph
(
a)(
1)
of
this
section.
*
*
*
*
*
(
g)*
*
*
(
6)
Manufacturers
may
determine
the
number
of
engines
and
vehicles
that
are
allowedrequired
to
certify
to
the
NOx
plus
NMHC
standard
in
§
86.004­
11007­
11
(
including
the
phase­
out
engines
certified
to
the
NOx+
NMHC
standard
referenced
in
this
paragraph(
g))
based
on
calendar
years
2007,
2008,
and
2009,
rather
than
model
years
2007,
2008,
and
2009.
*
*
*
*
*

13.
Section
86.007­
21
is
amended
by
revising
paragraph
(
o)
to
read
as
follows:
§
86.007­
21
Application
for
certification.
*
*
*
*
*
(
o)
For
diesel
heavy­
duty
engines,
the
manufacturer
must
provide
the
following
additional
information
pertaining
to
the
supplemental
emission
test
conducted
under
§
86.1360­
2007:
(
1)
Weighted
brake­
specific
emissions
data
(
i.
e.,
in
units
of
g/
bhp­
hr),
calculated
according
to
40
CFR
1065.650
for
all
pollutants
for
which
an
emission
standard
is
established
in
§
86.004­
11(
a)
or
subsequent
sections;
(
2)
For
engines
subject
to
the
MAEL
(
see
§
86.007­
11(
a)(
3)(
ii)),
brake
specific
gaseous
emission
data
for
each
of
the
12
non­
idle
test
points
(
identified
under
§
86.1360­
2007(
b)(
1))
and
the
3
EPA­
selected
test
points
(
identified
under
§
86.1360­
2007(
b)(
2));
(
3)
For
engines
subject
to
the
MAEL
(
see
§
86.007­
11(
a)(
3)(
ii)),
concentrations
and
mass
flow
rates
of
all
regulated
gaseous
emissions
plus
carbon
dioxide;
(
4)
Values
of
all
emission­
related
engine
control
variables
at
each
test
point;
(
5)
Weighted
break­
specific
particulate
matter
(
i.
e.,
in
units
of
g/
bhp­
hr);
(
6)
A
statement
that
the
test
results
correspond
to
the
test
engine
selection
criteria
in
40
CFR
1065.401.
The
manufacturer
also
must
maintain
records
at
the
manufacturer's
facility
which
contain
all
test
data,
engineering
analyses,
and
other
information
which
provides
the
basis
for
this
statement,
where
such
information
exists.
The
manufacturer
must
provide
such
information
to
the
Administrator
upon
request;
(
7)
For
engines
subject
to
the
MAEL
(
see
§
86.007­
11(
a)(
3)(
ii)),
a
statement
that
the
engines
will
comply
with
the
weighted
average
emissions
standard
and
interpolated
values
comply
with
the
Maximum
Allowable
Emission
Limits
specified
in
§
86.007­
11(
a)(
3)
for
the
useful
life
of
the
engine
where
applicable.
The
manufacturer
also
must
maintain
records
at
the
manufacturer's
facility
which
contain
a
detailed
description
of
all
test
data,
engineering
analyses,
and
other
information
which
provides
the
basis
for
this
statement,
where
such
information
exists.
The
manufacturer
must
provide
such
information
to
the
Administrator
upon
request.
*
*
*
*
*

14.
Part
86
is
amended
by
removing
the
first
§
86.008­
10,
which
was
added
on
October
6,
2000.

15.
Section
86.084­
2
is
amended
by
revising
the
definition
for
"
Curb­
idle"
to
read
as
follows:
§
86.084­
2
Definitions.
*
*
*
*
*
Curb­
idle
means:
(
1)
For
manual
transmission
code
light­
duty
trucks,
the
engine
speed
with
the
transmission
in
neutral
or
with
the
clutch
disengaged
and
with
the
air
conditioning
system,
if
present,
turned
off.
For
automatic
transmission
code
light­
duty
trucks,
curb­
idle
means
the
engine
speed
with
the
automatic
transmission
in
the
Park
position
(
or
Neutral
position
if
there
is
no
Park
position),
and
with
the
air
conditioning
system,
if
present,
turned
off.
(
2)
For
manual
transmission
code
heavy­
duty
engines,
the
manufacturer's
recommended
engine
speed
with
the
clutch
disengaged.
For
automatic
transmission
code
heavy­
duty
engines,
curb
idle
means
the
manufacturer's
recommended
engine
speed
with
the
automatic
transmission
in
gear
and
the
output
shaft
stalled.
(
Measured
idle
speed
may
be
used
in
lieu
of
curb­
idle
speed
for
the
emission
tests
when
the
difference
between
measured
idle
speed
and
curb
idle
speed
is
sufficient
to
cause
a
void
test
under
40
CFR
1065.530
but
not
sufficient
to
permit
adjustment
in
accordance
with
40
CFR
part
1065,
subpart
E.
*
*
*
*
*

16.
Section
86.095­
35
is
amended
by
revising
paragraph
(
ba)(
3)(
iii)(
B)
to
read
as
follows:
§
86.095­
35
Labeling.
*
*
*
*
*
(
ba)
*
*
*
(
3)*
*
*
(
iii)
*
*
*
(
B)
The
full
corporate
name
and
trademark
of
the
manufacturer;
though
the
label
may
identify
another
company
and
use
its
trademark
instead
of
the
manufacturer's
as
long
as
the
manufacturer
complies
with
the
provisions
of
40
CFR
1039.640.
*
*
*
*
*

17.
Section
86.096­
38
is
amended
by
revising
paragraph
(
g)(
19)(
iii)
to
read
as
follows:
§
86.096­
38
Maintenance
instructions.
*
*
*
*
*
(
g)*
*
*
(
19)
*
*
*
(
iii)
Any
person
who
violates
a
provision
of
this
paragraph
(
g)
shall
be
subject
to
a
civil
penalty
of
not
more
than
$
32,500
per
day
for
each
violation.
This
maximum
penalty
is
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
set
higher
based
on
the
Consumer
Price
Index,
as
specified
in
40
CFR
part
19.
In
addition,
such
person
shall
be
liable
for
all
other
remedies
set
forth
in
Title
II
of
the
Clean
Air
Act,
remedies
pertaining
to
provisions
of
Title
II
of
the
Clean
Air
Act,
or
other
applicable
provisions
of
law.

18.
Section
86.121­
90
is
amended
by
revising
paragraph
(
d)
introductory
text
to
read
as
follows:
§
86.121­
90
Hydrocarbon
analyzer
calibration.
*
*
*
*
*
(
d)
FID
response
factor
to
methane.
When
the
FID
analyzer
is
to
be
used
for
the
analysis
of
gasoline,
diesel,
methanol,
ethanol,
liquefied
petroleum
gas,
and
natural
gas­
fueled
vehicle
hydrocarbon
samples,
the
methane
response
factor
of
the
analyzer
must
be
established.
To
determine
the
total
hydrocarbon
FID
response
to
methane,
known
methane
in
air
concentrations
traceable
to
the
National
Institute
of
Standards
and
Technology
(
NIST)
must
be
analyzed
by
the
FID.
Several
methane
concentrations
must
be
analyzed
by
the
FID
in
the
range
of
concentrations
in
the
exhaust
sample.
The
total
hydrocarbon
FID
response
to
methane
is
calculated
as
follows:
r
CH4=
FIDppm/
SAMppm
Where:
*
*
*
*
*

19.
Section
86.144­
94
is
amended
by
revising
paragraph
(
c)(
8)(
vi)
to
read
as
follows:
§
86.144­
94
Calculations;
exhaust
emissions.
*
*
*
*
*
(
c)
*
*
*
(
8)*
*
*
(
vi)
rCH4=
HC
FID
response
to
methane
as
measured
in
§
86.121(
d).
*
*
*
*
*

20.
Section
86.158­
00
is
amended
by
revising
the
introductory
text
to
read
as
follows:
§
86.158­
00
Supplemental
Federal
Test
Procedures;
overview.
The
procedures
described
in
§
§
86.158­
00,
86.159­
00,
86.160­
00,
and
86.162­
00
discuss
the
aggressive
driving
(
US06)
and
air
conditioning
(
SC03)
elements
of
the
Supplemental
Federal
Test
Procedures
(
SFTP).
These
test
procedures
consist
of
two
separable
test
elements:
A
sequence
of
vehicle
operation
that
tests
exhaust
emissions
with
a
driving
schedule
(
US06)
that
tests
exhaust
emissions
under
high
speeds
and
accelerations
(
aggressive
driving);
and
a
sequence
of
vehicle
operation
that
tests
exhaust
emissions
with
a
driving
schedule
(
SC03)
which
includes
the
impacts
of
actual
air
conditioning
operation.
These
test
procedures
(
and
the
associated
standards
set
forth
in
subpart
S
of
this
part)
are
applicable
to
light­
duty
vehicles
and
light­
duty
trucks.
*
*
*
*
*

21.
Section
86.159­
00
is
amended
by
revising
paragraph
(
f)(
2)(
ix)
to
read
as
follows:
§
86.159­
00
Exhaust
emission
test
procedure
for
US06
emissions.
*
*
*
*
*
(
f)
*
*
*
(
2)
*
*
*
(
ix)
Turn
the
engine
off
2
seconds
after
the
end
of
the
last
deceleration
(
i.
e.,
engine
off
at
596
seconds).
*
*
*
*
*

22.
Section
86.160­
00
is
amended
by
revising
the
first
sentence
of
paragraph
(
a),
and
paragraphs
(
c)(
10),
(
c)(
12),
(
d)(
10),
and
(
d)(
13)
to
read
as
follows:
§
86.160­
00
Exhaust
emission
test
procedure
for
SC03
emissions.
(
a)
Overview.
The
dynamometer
operation
consists
of
a
single,
600
second
test
on
the
SC03
driving
schedule,
as
described
in
appendix
I,
paragraph
(
h),
of
this
part.
*
*
*
*
*
*
*
*
(
c)
*
*
*
(
10)
Eighteen
seconds
after
the
engine
starts,
begin
the
initial
vehicle
acceleration
of
the
driving
schedule.
*
*
*
*
*
(
12)
Turn
the
engine
off
2
seconds
after
the
end
of
the
last
deceleration
(
i.
e.,
engine
off
at
596
seconds).
*
*
*
*
*
(
d)
*
*
*
(
10)
Turn
the
engine
off
2
seconds
after
the
end
of
the
last
deceleration
(
i.
e.,
engine
off
at
596
seconds).
*
*
*
*
*
(
13)
Immediately
after
the
end
of
the
sample
period,
turn
off
the
cooling
fan,
disconnect
the
exhaust
tube
from
the
vehicle
tailpipe(
s),
and
drive
the
vehicle
from
dynamometer.
*
*
*
*
*

23.
Section
86.161­
00
is
amended
by
revising
paragraph
(
b)(
1)
to
read
as
follows:
§
86.161­
00
Air
conditioning
environmental
test
facility
ambient
requirements.
*
*
*
*
*
(
b)
*
*
*
(
1)
Ambient
humidity
is
controlled,
within
the
test
cell,
during
all
phases
of
the
air
conditioning
test
sequence
to
an
average
of
100
+/­
5
grains
of
water/
pound
of
dry
air.
*
*
*
*
*

24.
Section
86.164­
00
is
amended
by
revising
paragraph
(
c)(
1)(
i)
introductory
text
to
read
as
follows:
§
86.164­
00
Supplemental
federal
test
procedure
calculations.
*
*
*
*
*
(
c)(
1)
*
*
*
(
i)
Y
WSFTP
=
0.35(
Y
FTP)
+
0.37(
Y
SC03)
+
0.28(
Y
US06)
Where:
*
*
*
*
*

25.
A
new
§
86.413­
2006
is
added
to
read
as
follows:
§
86.413­
2006
Labeling.
(
a)(
1)
The
manufacturer
of
any
motorcycle
shall,
at
the
time
of
manufacture,
affix
a
permanent,
legible
label,
of
the
type
and
in
the
manner
described
below,
containing
the
information
hereinafter
provided,
to
all
production
models
of
such
vehicles
available
for
sale
to
the
public
and
covered
by
a
certificate
of
conformity.
(
2)
A
permanent,
legible
label
shall
be
affixed
in
a
readily
accessible
position.
Multi­
part
labels
may
be
used.
(
3)
The
label
shall
be
affixed
by
the
vehicle
manufacturer
who
has
been
issued
the
certificate
of
conformity
for
such
vehicle,
in
such
a
manner
that
it
cannot
be
removed
without
destroying
or
defacing
the
label,
and
shall
not
be
affixed
to
any
part
which
is
easily
detached
from
the
vehicle
or
is
likely
to
be
replaced
during
the
useful
life
of
the
vehicle.
(
4)
The
label
shall
contain
the
following
information
lettered
in
the
English
language
in
block
letters
and
numerals,
which
shall
be
of
a
color
that
contrasts
with
the
background
of
the
label:

(
i)
The
label
heading
shall
read:
"
Vehicle
Emission
Control
Information";
(
ii)
Full
corporate
name
and
trademark
of
the
manufacturer;
(
iii)
Engine
displacement
(
in
cubic
centimeters
or
liters)
and
engine
family
identification;
(
iv)
Engine
tuneup
specifications
and
adjustments,
as
recommended
by
the
manufacturer,
including,
if
applicable:
idle
speed,
ignition
timing,
and
the
idle
air­
fuel
mixture
setting
procedure
and
value
(
e.
g.,
idle
CO,
idle
air­
fuel
ratio,
idle
speed
drop).
These
specifications
shall
indicate
the
proper
transmission
position
during
tuneup,
and
which
accessories
should
be
in
operation
and
which
systems
should
be
disconnected
during
a
tuneup;
(
v)
Any
specific
fuel
or
engine
lubricant
requirements
(
e.
g.,
lead
content,
research
octane
number,
engine
lubricant
type);
(
vi)
Identification
of
the
exhaust
emission
control
system,
using
abbreviations
in
accordance
with
SAE
J1930,
June
1993,
including
the
following
abbreviations
for
items
commonly
appearing
on
motorcycles:

OC
Oxidation
catalyst;

TWC
Three­
way
catalyst;

AIR
Secondary
air
injection
(
pump);

PAIR
Pulsed
secondary
air
injection
DFI
Direct
fuel
injection;

O2S
Oxygen
sensor;

HO2S
Heated
oxygen
sensor;

EM
Engine
modification;

CFI
Continuous
fuel
injection;

MFI
Multi­
port
(
electronic)
fuel
injection;
and
TBI
Throttle
body
(
electronic)
fuel
injection.

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

26.
Section
86.447­
2006
is
revised
to
read
as
follows:
§
86.447­
2006
What
provisions
apply
to
motorcycle
engines
below
50
cc
that
are
certified
under
the
Small
SI
program
or
the
Recreational­
vehicle
program?
(
a)
General
provisions.
If
you
are
an
engine
manufacturer,
this
section
allows
you
to
introduce
into
commerce
a
new
highway
motorcycle
(
that
is,
a
motorcycle
that
is
a
motor
vehicle)
if
it
has
an
engine
below
50
cc
that
is
already
certified
to
the
requirements
that
apply
to
engines
or
vehicles
under
40
CFR
part
90
or
1051
for
the
appropriate
model
year.
If
you
comply
with
all
the
provisions
of
this
section,
we
consider
the
certificate
issued
under
40
CFR
part
90
or
1051
for
each
engine
or
vehicle
to
also
be
a
valid
certificate
of
conformity
under
this
part
86
for
its
model
year,
without
a
separate
application
for
certification
under
the
requirements
of
this
part
86.
See
§
86.448­
2006
for
similar
provisions
that
apply
to
vehicles
that
are
certified
to
chassis­
based
standards
under
40
CFR
part
1051.
(
b)
Vehicle­
manufacturer
provisions.
If
you
are
not
an
engine
manufacturer,
you
may
produce
highway
motorcycles
using
nonroad
engines
below
50
cc
under
this
section
as
long
as
you
meet
all
the
requirements
and
conditions
specified
in
paragraph
(
d)
of
this
section.
If
you
modify
the
nonroad
engine
in
any
of
the
ways
described
in
paragraph
(
d)(
2)
of
this
section
for
installation
in
a
highway
motorcycle,
we
will
consider
you
a
manufacturer
of
a
new
highway
motorcycle.
Such
engine
modifications
prevent
you
from
using
the
provisions
of
this
section.
(
c)
Liability.
Engines
for
which
you
meet
the
requirements
of
this
section,
and
vehicles
containing
these
engines,
are
exempt
from
all
the
requirements
and
prohibitions
of
this
part,
except
for
those
specified
in
this
section.
Engines
and
vehicles
exempted
under
this
section
must
meet
all
the
applicable
requirements
from
40
CFR
part
90
or
1051.
This
applies
to
engine
manufacturers,
vehicle
manufacturers
who
use
these
engines,
and
all
other
persons
as
if
these
engines
were
used
in
recreational
vehicles
or
other
nonroad
applications.
The
prohibited
acts
of
42
U.
S.
C.
7522
apply
to
these
new
highway
motorcycles;
however,
we
consider
the
certificate
issued
under
40
CFR
part
90
or
1051
for
each
engine
to
also
be
a
valid
certificate
of
conformity
under
this
part
86
for
its
model
year.
If
we
make
a
determination
that
these
engines
do
not
conform
to
the
regulations
during
their
useful
life,
we
may
require
you
to
recall
them
under
40
CFR
part
86,
90,
or
1068.
(
d)
Specific
requirements.
If
you
are
an
engine
or
vehicle
manufacturer
and
meet
all
the
following
criteria
and
requirements
regarding
your
new
engine
or
vehicle,
the
highway
motorcycle
is
eligible
for
an
exemption
under
this
section:
(
1)
Your
engine
must
be
below
50
cc
and
must
be
covered
by
a
valid
certificate
of
conformity
for
Class
II
engines
issued
under
40
CFR
part
90
or
for
recreational
vehicles
under
40
CFR
part
1051.
(
2)
You
must
not
make
any
changes
to
the
certified
engine
that
could
reasonably
be
expected
to
increase
its
exhaust
emissions
for
any
pollutant,
or
its
evaporative
emissions,
if
applicable.
For
example,
if
you
make
any
of
the
following
changes
to
one
of
these
engines,
you
do
not
qualify
for
this
exemption:
(
i)
Change
any
fuel
system
or
evaporative
system
parameters
from
the
certified
configuration.
(
ii)
Change,
remove,
or
fail
to
properly
install
any
other
component,
element
of
design,
or
calibration
specified
in
the
engine
manufacturer's
application
for
certification.
This
includes
aftertreatment
devices
and
all
related
components.
(
iii)
Modify
or
design
the
engine
cooling
system
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
engine
manufacturer's
specified
ranges.
(
3)
You
must
show
that
fewer
than
50
percent
of
the
engine
model'sfamily's
total
sales
in
the
United
States
for
the
model
year
are
used
in
highway
motorcycles.
This
includes
engines
used
in
any
application,
without
regard
to
which
company
manufactures
the
vehicle
or
equipment.
In
addition,
if
you
manufacture
highway
motorcycles,
you
must
show
that
fewer
than
50
percent
of
the
vehicle
model'sengine
family's
total
sales
in
the
United
States
for
the
model
year
are
highway
motorcycles.
Show
that
you
meet
the
engine­
sales
criterion
as
follows:
(
i)
If
you
are
the
original
manufacturer
of
the
engine,
base
this
showing
on
your
sales
information.
(
ii)
In
all
other
cases,
you
must
get
the
original
manufacturer
of
the
engine
to
confirm
the
engine
sales
volumes
based
on
its
sales
information.
(
4)
You
must
ensure
that
the
engine
has
the
label
we
require
under
40
CFR
part
90
or
1051.
(
5)
You
must
add
a
permanent
supplemental
label
to
the
engine
in
a
position
where
it
will
remain
clearly
visible
after
installation
in
the
vehicle.
In
the
supplemental
label,
do
the
following:
(
i)
Include
the
heading:
"
HIGHWAY
MOTORCYCLE
ENGINE
EMISSION
CONTROL
INFORMATION".
(
ii)
Include
your
full
corporate
name
and
trademark.
You
may
instead
include
the
full
corporate
name
and
trademark
of
another
company
you
choose
to
designate.
(
iii)
State:
"
THIS
ENGINE
WAS
ADAPTED
FOR
HIGHWAY
USE
WITHOUT
AFFECTING
ITS
EMISSION
CONTROLS.".
(
iv)
State
the
date
you
finished
installation
(
month
and
year),
if
applicable.
(
6)
Send
the
Designated
Compliance
Officer
a
signed
letter
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
engine
or
vehicle
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
"
We
produce
each
listed
[
engine
or
vehicle]
model
for
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
86.447­
2006.".
(
e)
Failure
to
comply.
If
your
highway
motorcycles
do
not
meet
the
criteria
listed
in
paragraph
(
d)
of
this
section,
they
will
be
subject
to
the
standards,
requirements,
and
prohibitions
of
this
part
86
and
the
certificate
issued
under
40
CFR
part
90
or
1051
will
not
be
deemed
to
also
be
a
certificate
issued
under
this
part
86.
Introducing
these
engines
into
commerce
without
a
valid
exemption
or
certificate
of
conformity
under
this
part
violates
the
prohibitions
in
40
CFR
part
85.
(
f)
Data
submission.
We
may
require
you
to
send
us
emission
test
data
on
any
applicable
nonroad
duty
cycles.
(
g)
Participation
in
averaging,
banking
and
trading.
Engines
or
vehicles
adapted
for
recreational
use
under
this
section
may
not
generate
or
use
emission
credits
under
this
part
86.
These
engines
or
vehicles
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
90
or
1051.
These
engines
or
vehicles
must
use
emission
credits
under
40
CFR
part
90
or
1051
if
they
are
certified
to
an
FEL
that
exceeds
an
applicable
standard.

27.
Section
86.448­
2006
is
revised
to
read
as
follows:
§
86.448­
2006
What
provisions
apply
to
vehicles
certified
under
the
Recreational­
vehicle
program?
(
a)
General
provisions.
If
you
are
a
highway­
motorcycle
manufacturer,
this
section
allows
you
to
introduce
into
commerce
a
new
highway
motorcycle
with
an
engine
below
50
cc
if
it
is
already
certified
to
the
requirements
that
apply
to
recreational
vehicles
under
40
CFR
parts
1051.
A
highway
motorcycle
is
a
motorcycle
that
is
a
motor
vehicle.
If
you
comply
with
all
of
the
provisions
of
this
section,
we
consider
the
certificate
issued
under
40
CFR
part
1051
for
each
recreational
vehicle
to
also
be
a
valid
certificate
of
conformity
for
the
motor
vehicle
under
this
part
86
for
its
model
year,
without
a
separate
application
for
certification
under
the
requirements
of
this
part
86.
See
§
86.447­
2006
for
similar
provisions
that
apply
to
nonroad
engines
produced
for
highway
motorcycles.
(
b)
Nonrecreational­
vehicle
provisions.
If
you
are
not
a
recreational­
vehicle
manufacturer,
you
may
produce
highway
motorcycles
from
recreational
vehicles
with
engines
below
50
cc
under
this
section
as
long
as
you
meet
all
the
requirements
and
conditions
specified
in
paragraph
(
d)
of
this
section.
If
you
modify
the
recreational
vehicle
or
its
engine
in
any
of
the
ways
described
in
paragraph
(
d)(
2)
of
this
section
for
installation
in
a
highway
motorcycle,
we
will
consider
you
a
manufacturer
of
a
new
highway
motorcycle.
Such
modifications
prevent
you
from
using
the
provisions
of
this
section.
(
c)
Liability.
Vehicles
for
which
you
meet
the
requirements
of
this
section
are
exempt
from
all
the
requirements
and
prohibitions
of
this
part,
except
for
those
specified
in
this
section.
Engines
and
vehicles
exempted
under
this
section
must
meet
all
the
applicable
requirements
from
40
CFR
part
1051.
This
applies
to
engine
manufacturers,
vehicle
manufacturers,
and
all
other
persons
as
if
the
highway
motorcycles
were
recreational
vehicles.
The
prohibited
acts
of
42
U.
S.
C.
7522
apply
to
these
new
highway
motorcycles;
however,
we
consider
the
certificate
issued
under
40
CFR
part
1051
for
each
recreational
vehicle
to
also
be
a
valid
certificate
of
conformity
for
the
highway
motorcycle
under
this
part
86
for
its
model
year.
If
we
make
a
determination
that
these
engines
or
vehicles
do
not
conform
to
the
regulations
during
their
useful
life,
we
may
require
you
to
recall
them
under
40
CFR
part
86
or
40
CFR
1068.505.
(
d)
Specific
requirements.
If
you
are
a
recreational­
vehicle
manufacturer
and
meet
all
the
following
criteria
and
requirements
regarding
your
new
highway
motorcycle
and
its
engine,
the
highway
motorcycle
is
eligible
for
an
exemption
under
this
section:
(
1)
Your
motorcycle
must
have
an
engine
below
50
cc
and
it
must
be
covered
by
a
valid
certificate
of
conformity
as
a
recreational
vehicle
issued
under
40
CFR
part
1051.
(
2)
You
must
not
make
any
changes
to
the
certified
recreational
vehicle
that
we
could
reasonably
expect
to
increase
its
exhaust
emissions
for
any
pollutant,
or
its
evaporative
emissions
if
it
is
subject
to
evaporative­
emission
standards.
For
example,
if
you
make
any
of
the
following
changes,
you
do
not
qualify
for
this
exemption:
(
i)
Change
any
fuel
system
parameters
from
the
certified
configuration.
(
ii)
Change,
remove,
or
fail
to
properly
install
any
other
component,
element
of
design,
or
calibration
specified
in
the
vehicle
manufacturer's
application
for
certification.
This
includes
aftertreatment
devices
and
all
related
components.
(
iii)
Modify
or
design
the
engine
cooling
system
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
vehicle
manufacturer's
specified
ranges.
(
3)
You
must
show
that
fewer
than
50
percent
of
the
engine
family's
total
sales
in
the
United
States
for
the
model
year
are
used
in
highway
motorcycles.
This
includes
highway
and
offhighway
motorcycles,
without
regard
to
which
company
completes
the
manufacturing
of
the
highway
motorcycle.
Show
this
as
follows:
(
i)
If
you
are
the
original
manufacturer
of
the
vehicle,
base
this
showing
on
your
sales
information.
(
ii)
In
all
other
cases,
you
must
get
the
original
manufacturer
of
the
vehicle
to
confirm
this
based
on
their
sales
information.
(
4)
The
highway
motorcycle
must
have
the
vehicle
emission
control
information
we
require
under
40
CFR
part
1051.
(
5)
You
must
add
a
permanent
supplemental
label
to
the
highway
motorcycle
in
a
position
where
it
will
remain
clearly
visible.
In
the
supplemental
label,
do
the
following:
(
i)
Include
the
heading:
"
HIGHWAY
MOTORCYCLE
ENGINE
EMISSION
CONTROL
INFORMATION".
(
ii)
Include
your
full
corporate
name
and
trademark.
You
may
instead
include
the
full
corporate
name
and
trademark
of
another
company
you
choose
to
designate.
(
iii)
State:
"
THIS
VEHICLE
WAS
ADAPTED
FOR
HIGHWAY
USE
WITHOUT
AFFECTING
ITS
EMISSION
CONTROLS.".
(
iv)
State
the
date
you
finished
modifying
the
vehicle
(
month
and
year),
if
applicable.
(
6)
Send
the
Designated
Compliance
Officer
a
signed
letter
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
highway
motorcycle
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
"
We
produced
each
listed
highway
motorcycle
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
86.448­
2006.".
(
e)
Failure
to
comply.
If
your
highway
motorcycles
do
not
meet
the
criteria
listed
in
paragraph
(
d)
of
this
section,
they
will
be
subject
to
the
standards,
requirements,
and
prohibitions
of
this
part
86
and
40
CFR
part
85,
and
the
certificate
issued
under
40
CFR
part
1051
will
not
be
deemed
to
also
be
a
certificate
issued
under
this
part
86.
Introducing
these
motorcycles
into
commerce
without
a
valid
exemption
or
certificate
of
conformity
under
this
part
violates
the
prohibitions
in
40
CFR
part
85.
(
f)
Data
submission.
We
may
require
you
to
send
us
emission
test
data
on
the
duty
cycle
for
Class
I
motorcycles.
(
g)
Participation
in
averaging,
banking
and
trading.
Recreational
vehicles
adapted
for
use
as
highway
motorcycles
under
this
section
may
not
generate
or
use
emission
credits
under
this
part
86.
These
engines
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
1051.
These
engines
must
use
emission
credits
under
40
CFR
part
1051
if
they
are
certified
to
an
FEL
that
exceeds
an
applicable
standard.

25a.
In
§
86.513­
2004,
Table
1
in
paragraph
(
a)(
1)
is
amended
to
read
as
follows:
§
86.513­
2004
Fuel
and
engine
lubricant
specifications.
*
*
*
*
*
(
a)
*
*
*
(
1)*
*
*
Table
1
of
§
86.513­
2004
 
Gasoline
Test
Fuel
Specifications
Item
Procedure
Value
Distillation
Range:

1.
Initial
boiling
point,

C
ASTM
D
86­
97
23.9
­
35.01
2.
10%
point,

C
ASTM
D
86­
97
48.9
­
57.2
3.
50%
point,

C
ASTM
D
86­
97
93.3
­
110.0
4.
90%
point,

C
ASTM
D
86­
97
148.9
­
162.8
5.
End
point,

C
ASTM
D
86­
97
212.8
Hydrocarbon
composition:

1.
Olefins,
volume
%
ASTM
D
1319­
98
10
maximum
2.
Aromatics,
volume
%
ASTM
D
1319­
98
35
maximum
3.
Saturates
ASTM
D
1319­
98
Remainder
Lead
(
organic),
g/
liter
ASTM
D
3237
0.013
maximum
Phosphorous,
g/
liter
ASTM
D
3231
0.0013
maximum
Sulfur,
weight
%
ASTM
D
1266
0.008
maximum
Volatility
(
Reid
Vapor
Pressure),
kPa
ASTM
D
323
55.2
to
63.41
1
For
testing
at
altitudes
above
1,219
m,
the
specified
volatility
range
is
52
to
55
kPa
and
the
specified
initial
boiling
point
range
is
(
23.9
to
40.6)

C.

*
*
*
*
*

28.
Section
86.884­
8
is
amended
by
revising
paragraph
(
c)
introductory
text
to
read
as
follows:
§
86.884­
8
Dynamometer
and
engine
equipment.
*
*
*
*
*
(
c)
An
exhaust
system
with
an
appropriate
type
of
smokemeter
placed
10
to
32
feet
from
the
exhaust
manifold(
s),
turbocharger
outlet(
s),
exhaust
aftertreatment
device(
s),
or
crossover
junction
(
on
Vee
engines),
whichever
is
farthest
downstream.
The
smoke
exhaust
system
shall
present
an
exhaust
backpressure
within
+
0.2
inch
Hg
of
the
upper
limit
at
maximum
rated
horsepower,
as
established
by
the
engine
manufacturer
in
his
sales
and
service
literature
for
vehicle
application.
The
following
options
may
also
be
used:
*
*
*
*
*
29.
Section
86.884­
10
is
amended
by
revising
paragraph
(
a)
introductory
text
to
read
as
follows:
§
86.884­
10
Information.
*
*
*
*
*
(
a)
Engine
description
and
specifications.
A
copy
of
the
information
specified
in
this
paragraph
must
accompany
each
engine
sent
to
the
Administrator
for
compliance
testing.
If
the
engine
is
submitted
to
the
Administrator
for
testing
under
subpart
N
of
this
part
or
40
CFR
part
1065,
only
the
specified
information
need
accompany
the
engine.
The
manufacturer
need
not
record
the
information
specified
in
this
paragraph
for
each
test
if
the
information,
with
the
exception
of
paragraphs
(
a)(
3),
(
a)(
12),
and
(
a)(
13)
of
this
section,
is
included
in
the
manufacturer's
part
I.
*
*
*
*
*

30.
Section
86.884­
12
is
amended
by
revising
paragraph
(
c)(
2)
to
read
as
follows:
§
86.884­
12
Test
run.
*
*
*
*
*
(
c)
*
*
*
(
2)
Warm
up
the
engine
by
the
procedure
described
in
40
CFR
1065.530.
*
*
*
*
*

31.
Section
86.1005­
90
is
amended
by
revising
paragraphs
(
a)(
1)(
i),
(
a)(
1)(
ii),
(
a)(
2)(
vi)(
A),
and
(
a)(
2)(
vi)(
B)
to
read
as
follows:
§
86.1005­
90
Maintenance
of
records;
submittal
of
information.
(
a)
*
*
*
(
1)*
*
*
(
i)
If
testing
heavy­
duty
gasoline­
fueled
or
methanol­
fueled
Otto­
cycle
engines,
the
equipment
requirements
specified
in
40
CFR
part
1065,
subparts
B
and
C;
(
ii)
If
testing
heavy­
duty
petroleum­
fueled
or
methanol­
fueled
diesel
engines,
the
equipment
requirements
specified
in
40
CFR
part
1065,
subparts
B
and
C;
*
*
*
*
*
(
2)*
*
*
(
vi)
*
*
*
(
A)
If
testing
gasoline­
fueled
or
methanol­
fueled
Otto­
cycle
heavy­
duty
engines,
the
record
requirements
specified
in
40
CFR
1065.695;
(
B)
If
testing
petroleum­
fueled
or
methanol­
fueled
diesel
heavy­
duty
engines,
the
record
requirements
specified
in
40
CFR
1065.695;
*
*
*
*
*

32.
Section
86.1108­
87
is
amended
by
revising
paragraphs
(
a)(
1)(
i),
(
a)(
1)(
ii),
(
a)(
2)(
vi)(
A),
and
(
a)(
2)(
vi)(
B)
to
read
as
follows:
§
86.1108­
87
Maintenance
of
records.
(
a)
*
*
*
(
1)*
*
*
(
i)
If
testing
heavy­
duty
gasoline
engines,
the
equipment
requirements
specified
in
40
CFR
part
1065,
subparts
B
and
C;
(
ii)
If
testing
heavy­
duty
diesel
engines,
the
equipment
requirements
specified
in
40
CFR
part
1065,
subparts
B
and
C;
*
*
*
*
*
(
2)
*
*
*
(
vi)
*
*
*
(
A)
If
testing
heavy­
duty
gasoline
engines,
the
record
requirements
specified
in
40
CFR
1065.695;
(
B)
If
testing
heavy­
duty
diesel
engines,
the
record
requirements
specified
in
40
CFR
1065.695;
*
*
*
*
*

12.
A
new
§
86.1213­
08
is
added
to
read
as
follows:
§
86.1213­
08
Fuel
specifications.
The
test
fuels
listed
in
40
CFR
part
1065,
subpart
H,
shall
be
used
for
evaporative
emission
testing.

33.
Section
86.1301­
90
is
redesignated
as
§
86.1301
and
revised
to
read
as
follows:
§
86.1301
Scope;
applicability.
This
subpart
specifies
gaseous
emission
test
procedures
for
Otto­
cycle
and
diesel
heavy­
duty
engines,
and
particulate
emission
test
procedures
for
diesel
heavy­
duty
engines,
as
follows:
(
a)
For
model
years
1990
through
2003,
manufacturers
must
use
the
test
procedures
specified
in
§
86.1305­
90.
(
b)
For
model
years
2004
through
2007,
manufacturers
may
use
the
test
procedures
specified
in
§
86.1305­
2004
or
§
86.1305­
2008.
(
c)
For
model
years
2008
and
later,
manufacturers
must
use
the
test
procedures
specified
in
§
86.1305­
2008.
(
d)
As
allowed
under
subpart
A
of
this
part,
manufacturers
may
use
carryover
data
from
previous
model
years
to
demonstrate
compliance
with
emission
standards,
without
regard
to
the
provisions
of
this
section.

34.
Section
86.1304­
90
is
redesignated
as
§
86.1304
and
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
86.1304
Section
numbering;
construction.
(
a)
Section
numbering.
The
model
year
of
initial
applicability
is
indicated
by
the
section
number.
The
digits
following
the
hyphen
designate
the
first
model
year
for
which
a
section
is
applicable.
The
section
continues
to
apply
to
subsequent
model
years
unless
a
later
model
year
section
is
adopted.
(
Example:
§
86.13xx
 
2004
applies
to
the
2004
and
subsequent
model
years.
If
a
§
86.13xx
 
2007
is
promulgated
it
would
apply
beginning
with
the
2007
model
year;
§
86.13xx
 
2004
would
apply
to
model
years
2004
through
2006.)
*
*
*
*
*
35.
A
new
§
86.1305­
2008
is
added
to
read
as
follows:
§
86.1305­
2008
Introduction;
structure
of
subpart.
(
a)
This
subpart
specifies
the
equipment
and
procedures
for
performing
exhaust­
emission
tests
on
Otto­
cycle
and
diesel­
cycle
heavy­
duty
engines.
Subpart
A
of
this
part
sets
forth
the
emission
standards
and
general
testing
requirements
to
comply
with
EPA
certification
procedures.
(
b)
Use
the
applicable
equipment
and
procedures
for
spark­
ignition
or
compression­
ignition
engines
in
40
CFR
part
1065
to
determine
whether
engines
meet
the
duty­
cycle
emission
standards
in
subpart
A
of
this
part.
Measure
the
emissions
of
all
regulated
pollutants
as
specified
in
40
CFR
part
1065.
Use
the
duty
cycles
and
procedures
specified
in
§
86.1360­
2007
and
§
86.1362­
2007.
Adjust
emission
results
from
engines
using
aftertreatment
technology
with
infrequent
regeneration
events
as
described
in
§
86.004­
28.
(
c)
The
provisions
in
§
86.1370­
2007
and
§
86.1372­
2007
apply
for
determining
whether
an
engine
meets
the
applicable
not­
to­
exceed
emission
standards.
(
d)
Measure
smoke
using
the
procedures
in
subpart
I
of
this
part
for
evaluating
whether
engines
meet
the
smoke
standards
in
subpart
A
of
this
part.
(
e)
Use
the
fuels
specified
in
40
CFR
part
1065
to
perform
valid
tests,
as
follows:
(
1)
For
service
accumulation,
use
the
test
fuel
or
any
commercially
available
fuel
that
is
representative
of
the
fuel
that
in­
use
engines
will
use.
(
2)
For
diesel­
fueled
engines,
use
the
ultra
low­
sulfur
diesel
fuel
specified
in
40
CFR
part
1065
for
emission
testing.
(
f)
You
may
use
special
or
alternate
procedures
to
the
extent
we
allow
them
under
40
CFR
1065.10.
(
g)
This
subpart
is
addressed
to
you
as
a
manufacturer,
but
it
applies
equally
to
anyone
who
does
testing
for
you.

36.
Section
86.1321­
90
is
amended
by
revising
paragraph
(
a)(
3)(
ii)
to
read
as
follows:
§
86.1321­
90
Hydrocarbon
analyzer
calibration.
*
*
*
*
*
(
a)
*
*
*
(
3)*
*
*
(
ii)
The
HFID
optimization
procedures
outlined
in
§
86.331
 
79(
c).
*
*
*
*
*

37.
Section
86.1321­
94
is
amended
by
revising
paragraph
(
a)(
3)(
ii)
to
read
as
follows:
§
86.1321­
94
Hydrocarbon
analyzer
calibration.
*
*
*
*
*
(
a)
*
*
*
(
3)*
*
*
(
ii)
The
procedure
listed
in
§
86.331
 
79(
c).
*
*
*
*
*
38.
Section
86.1360­
2007
is
amended
by
revising
paragraph
(
b),
removing
and
reserving
paragraphs
(
c)
and
(
e),
and
removing
paragraphs
(
h),
and
(
i)
to
read
as
follows:
§
86.1360­
2007
Supplemental
emission
test;
test
cycle
and
procedures.
*
*
*
*
*
(
b)
Test
cycle.
(
1)
Perform
testing
as
described
in
§
86.1362­
2007
for
determining
whether
an
engine
meets
the
applicable
standards
when
measured
over
the
supplemental
emission
test.
(
2)
For
engines
not
certified
to
a
NOx
standard
or
FEL
less
than
1.5
g/
bhp­
hr,
EPA
may
select,
and
require
the
manufacturer
to
conduct
the
test
using,
up
to
three
discrete
test
points
within
the
control
area
defined
in
paragraph
(
d)
of
this
section.
EPA
will
notify
the
manufacturer
of
these
supplemental
test
points
in
writing
in
a
timely
manner
before
the
test.
Emission
sampling
for
these
discrete
test
modes
must
include
all
regulated
pollutants
except
particulate
matter.
*
*
*
*
*

35a.
A
new
§
86.1362­
2007
is
added
to
read
as
follows:
§
86.1362­
2007
How
do
I
measure
emissions
using
ramped­
modal
procedures?
This
section
describes
how
to
test
engines
under
steady­
state
conditions.
(
a)
Start
sampling
at
the
beginning
of
the
first
mode
and
continue
sampling
until
the
end
of
the
last
mode.
Calculate
emissions
as
described
in
40
CFR
1065.650
and
cycle
statistics
as
described
in
40
CFR
1065.514.
(
b)
Measure
emissions
by
testing
the
engine
on
a
dynamometer
with
the
following
ramped­
modal
duty
cycle
to
determine
whether
it
meets
the
applicable
steady­
state
emission
standards:
RMC
Mode
Time
in
Mode
(
seconds)
Engine
Speed
1,2
Torque
(
percent)
2,3
1a
Steady­
state
170
Warm
Idle
0
1b
Transition
20
Linear
Transition
Linear
Transition
2a
Steady­
state
170
A
100
2b
Transition
20
A
Linear
Transition
3a
Steady­
state
102
A
25
3b
Transition
20
A
Linear
Transition
4a
Steady­
state
100
A
75
4b
Transition
20
A
Linear
Transition
5a
Steady­
state
103
A
50
5b
Transition
20
Linear
Transition
Linear
Transition
6a
Steady­
state
194
B
100
6b
Transition
20
B
Linear
Transition
7a
Steady­
state
219
B
25
7b
Transition
20
B
Linear
Transition
8a
Steady­
state
220
B
75
8b
Transition
20
B
Linear
Transition
9a
Steady­
state
219
B
50
9b
Transition
20
Linear
Transition
Linear
Transition
10a
Steady­
state
171
C
100
10b
Transition
20
C
Linear
Transition
11a
Steady­
state
102
C
25
11b
Transition
20
C
Linear
Transition
12a
Steady­
state
100
C
75
12b
Transition
20
C
Linear
Transition
13a
Steady­
state
102
C
50
13b
Transition
20
Linear
Transition
Linear
Transition
14
Steady­
state
168
Warm
Idle
0
1
Speed
terms
are
defined
in
40
CFR
part
1065.
2
Advance
from
one
mode
to
the
next
within
a
20­
second
transition
phase.
During
the
transition
phase,
command
a
linear
progression
from
the
speed
or
torque
setting
of
the
current
mode
to
the
speed
or
torque
setting
of
the
next
mode.
3
The
percent
torque
is
relative
to
maximum
torque
at
the
commanded
engine
speed.

(
c)
During
idle
mode,
operate
the
engine
with
the
following
parameters:
(
1)
Hold
the
speed
within
your
specifications.
(
2)
Set
the
engine
to
operate
at
its
minimum
fueling
rate.
(
3)
Keep
engine
torque
under
5
percent
of
maximum
test
torque.
(
d)
For
full­
load
operating
modes,
operate
the
engine
at
its
maximum
fueling
rate.
(
e)
See
40
CFR
part
1065
for
detailed
specifications
of
tolerances
and
calculations.
(
f)
Perform
the
ramped­
modal
test
with
a
warmed­
up
engine.
If
the
ramped­
modal
test
follows
directly
after
testing
over
the
Federal
Test
Procedure,
consider
the
engine
warm.
Otherwise,
operate
the
engine
to
warm
it
up
as
described
in
40
CFR
part
1065,
subpart
F.
39.
Section
86.1509­
84
is
amended
by
revising
paragraphs
(
c)
and
(
d)
to
read
as
follows:
§
86.1509­
84
Exhaust
gas
sampling
system.
*
*
*
*
*
(
c)
A
CVS
sampling
system
with
bag
or
continuous
analysis
as
specified
in
40
CFR
part
1065
is
permitted
as
applicable.
The
inclusion
of
an
additional
raw
carbon
dioxide
(
CO
2)
analyzer
as
specified
in
40
CFR
part
1065
is
required
if
the
CVS
system
is
used,
in
order
to
accurately
determine
the
CVS
dilution
factor.
The
heated
sample
line
specified
in
40
CFR
part
1065
for
raw
emission
requirements
is
not
required
for
the
raw
CO
2
measurement.
(
d)
A
raw
exhaust
sampling
system
as
specified
in
40
CFR
part
1065
is
permitted.

40.
Section
86.1511­
84
is
amended
by
revising
paragraphs
(
a)(
1)
and
(
b)
to
read
as
follows:
§
86.1511­
84
Exhaust
gas
analysis
system.
(
a)
*
*
*
(
1)
The
analyzer
used
shall
conform
to
the
accuracy
provisions
of
40
CFR
part
1065,
subparts
C,
D,
and
F.
*
*
*
*
*
(
b)
The
inclusion
of
a
raw
CO
2
analyzer
as
specified
in
40
CFR
part
1065
is
required
in
order
to
accurately
determine
the
CVS
dilution
factor.

41.
Section
86.1513­
90
is
revised
to
read
as
follows:
§
86.1513­
90
Fuel
specifications.
The
requirements
of
this
section
are
set
forth
in
§
86.1313
 
94
for
heavy­
duty
engines,
and
in
§
86.113
 
90(
a)
for
light­
duty
trucks.

42.
Section
86.1513­
94
is
revised
to
read
as
follows:
§
86.1513­
94
Fuel
specifications.
The
requirements
of
this
section
are
set
forth
in
40
CFR
part
1065,
subpart
H,
for
heavy­
duty
engines
and
in
§
86.113
 
94
for
light­
duty
trucks.

43.
Section
86.1514­
84
is
amended
by
revising
paragraphs
(
b)
and
(
c)
to
read
as
follows:
§
86.1514­
84
Analytical
gases.
*
*
*
*
*
(
b)
If
the
raw
CO
sampling
system
specified
in
40
CFR
part
1065
is
used,
the
analytical
gases
specified
in
40
CFR
part
1065,
subpart
H,
shall
be
used.
(
c)
If
a
CVS
sampling
system
is
used,
the
analytical
gases
specified
in
40
CFR
part
1065,
subpart
H,
shall
be
used.

44.
Section
86.1519­
84
is
revised
to
read
as
follows:
§
86.1519­
84
CVS
calibration.
If
the
CVS
system
is
used
for
sampling
during
the
idle
emission
test,
the
calibration
instructions
are
specified
in
40
CFR
part
1065,
subpart
D,
for
heavy­
duty
engines,
and
§
86.119
 
78
for
light­
duty
trucks.

45.
Section
86.1524­
84
is
revised
to
read
as
follows:
§
86.1524­
84
Carbon
dioxide
analyzer
calibration.
(
a)
The
calibration
requirements
for
the
dilute­
sample
CO
2
analyzer
are
specified
in
40
CFR
part
1065,
subpart
D,
for
heavy­
duty
engines
and
§
86.124
 
78
for
light­
duty
trucks.
(
b)
The
calibration
requirements
for
the
raw
CO
2
analyzer
are
specified
in
40
CFR
part
1065,
subpart
D.

46.
Section
86.1530­
84
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
86.1530­
84
Test
sequence;
general
requirements.
*
*
*
*
*
(
b)
Ambient
test
cell
conditions
during
the
test
shall
be
those
specified
in
§
86.130
 
78
or
40
CFR
part
1065,
subpart
F.

47.
Section
86.1537­
84
is
amended
by
revising
paragraphs
(
c),
(
e)(
6),
and
(
f)
to
read
as
follows:
§
86.1537­
84
Idle
test
run.
*
*
*
*
*
(
c)
Achieve
normal
engine
operating
condition.
The
transient
engine
or
chassis
dynamometer
test
is
an
acceptable
technique
for
warm­
up
to
normal
operating
condition
for
the
idle
test.
If
the
emission
test
is
not
performed
prior
to
the
idle
emission
test,
a
heavy­
duty
engine
may
be
warmed­
up
according
to
40
CFR
part
1065,
subpart
F.
A
light­
duty
truck
may
be
warmed
up
by
operation
through
one
Urban
Dynamometer
Driving
Schedule
test
procedure
(
see
§
86.115
 
78
and
appendix
I
to
this
part).
*
*
*
*
*
(
e)
*
*
*
(
6)
For
bag
sampling,
sample
idle
emissions
long
enough
to
obtain
a
sufficient
bag
sample,
but
in
no
case
shorter
than
60
seconds
nor
longer
than
6
minutes.
Follow
the
sampling
and
exhaust
measurements
requirements
of
40
CFR
part
1065,
subpart
F,
for
conducting
the
raw
CO
2
measurement.
*
*
*
*
*
(
f)
If
the
raw
exhaust
sampling
and
analysis
technique
specified
in
40
CFR
part
1065
is
used,
the
following
procedures
apply:
(
1)
Warm
up
the
engine
or
vehicle
per
paragraphs
(
c)
and
(
d)
of
this
section.
Operate
the
engine
or
vehicle
at
the
conditions
specified
in
paragraph
(
e)(
4)
of
this
section.
(
2)
Follow
the
sampling
and
exhaust
measurement
requirements
of
40
CFR
part
1065,
subpart
F.
The
idle
sample
shall
be
taken
for
60
seconds
minimum,
and
no
more
than
64
seconds.
The
chart
reading
procedures
of
40
CFR
part
1065,
subpart
F,
shall
be
used
to
determine
the
analyzer
response.
*
*
*
*
*
48.
Section
86.1540­
84
is
amended
by
revising
paragraphs
(
b)
and
(
c)
to
read
as
follows:
§
86.1540­
84
Idle
exhaust
sample
analysis.
*
*
*
*
*
(
b)
If
the
CVS
sampling
system
is
used,
the
analysis
procedures
for
dilute
CO
and
CO
2
specified
in
40
CFR
part
1065
apply.
Follow
the
raw
CO
2
analysis
procedure
specified
in
40
CFR
part
1065,
subpart
F,
for
the
raw
CO
2
analyzer.
(
c)
If
the
continuous
raw
exhaust
sampling
technique
specified
in
40
CFR
part
1065
is
used,
the
analysis
procedures
for
CO
specified
in
40
CFR
part
1065,
subpart
F,
apply.

49.
Section
86.1542­
84
is
amended
by
revising
paragraph
(
a)
introductory
text
to
read
as
follows:
§
86.1542­
84
Information
required.
(
a)
General
data
 
heavy­
duty
engines.
Information
shall
be
recorded
for
each
idle
emission
test
as
specified
in
40
CFR
part
1065,
subpart
G.
The
following
test
data
are
required:
*
*
*
*
*

50.
Section
86.1544­
84
is
amended
by
revising
paragraphs
(
b)(
1),
(
b)(
2),
and
(
c)
to
read
as
follows:
§
86.1544­
84
Calculation;
idle
exhaust
emissions.
*
*
*
*
*
(
b)*
*
*
(
1)
Use
the
procedures,
as
applicable,
in
40
CFR
1065.650
to
determine
the
dilute
wet­
basis
CO
and
CO
2
in
percent.
(
2)
Use
the
procedure,
as
applicable,
in
40
CFR
1065.650
to
determine
the
raw
dry­
basis
CO
2
in
percent.
*
*
*
*
*
(
c)
If
the
raw
exhaust
sampling
and
analysis
system
specified
in
40
CFR
part
1065
is
used,
the
percent
for
carbon
monoxide
on
a
dry
basis
shall
be
calculated
using
the
procedure,
as
applicable,
in
40
CFR
1065.650.

51.
Section
86.1708­
99
is
amended
by
revising
Tables
R99­
5
and
R99­
6
to
read
as
follows:
§
86.1708­
99
Exhaust
emission
standards
for
1999
and
later
light­
duty
vehicles.
*
*
*
*
*
(
c)
*
*
*
(
2)*
*
*
Table
R99­
5
­­
Intermediate
Useful
Life
(
50,000
mile)
In­
Use
Standards
(
g/
mi)
for
Light­
duty
Vehicles
Vehicle
Emission
Category
Model
Year
NMOG
CO
NOx
HCHO
LEV
1999
0.100
3.4
0.3
0.015
ULEV
1999­
2002
0.055
2.1
0.3
0.008
Table
R99­
6
­­
Full
Useful
Life
(
100,000
mile)
In­
Use
Standards
(
g/
mi)
for
Light­
duty
Vehicles
Vehicle
Emission
Category
Model
Year
NMOG
CO
NOx
HCHO
LEV
1999
0.125
4.2
0.4
0.018
ULEV
1999­
2002
0.075
3.4
0.4
0.011
*
*
*
*
*

52.
Section
86.1709­
99
is
amended
by
revising
paragraph
(
c)(
1)
introductory
text
and
by
revising
Table
R99­
14.2,
to
read
as
follows:
§
86.1709­
99
Exhaust
emission
standards
for
1999
and
later
light
light­
duty
trucks.
*
*
*
*
*
(
c)
*
*
*
(
1)
1999
model
year
light
light­
duty
trucks
certified
as
LEVs
and
1999
through
2002
model
year
light
light­
duty
trucks
certified
as
ULEVs
shall
meet
the
applicable
intermediate
and
full
useful
life
in­
use
standards
in
paragraph
(
c)(
2)
of
this
section,
according
to
the
following
provisions:
*
*
*
*
*
(
e)
*
*
*
(
2)
*
*
*
Table
R99­
14.2
­­
SFTP
Exhaust
Emission
Standards
(
g/
mi)
for
LEVs
and
ULEVs
US06
Test
A/
C
Test
Loaded
Vehicle
Weight
(
lbs)
NMHC
+
NOX
CO
NMHC
+
NOX
CO
0­
3750...................................
0.14
8.0
0.20
2.7
3751­
5750.............................
0.25
10.5
0.27
3.5
*
*
*
*
*
53.
Section
86.1710­
99
is
amended
by
revising
paragraph
(
c)(
8)
introductory
text
to
read
as
follows:
§
86.1710­
99
Fleet
average
non­
methane
organic
gas
exhaust
emission
standards
for
light­
duty
vehicles
and
light
light­
duty
trucks.
*
*
*
*
*
(
c)
*
*
*
(
8)
Manufacturers
may
earn
and
bank
credits
in
the
NTR
for
model
years
1997
and
1998.
In
states
without
a
Section
177
Program
effective
in
model
year
1997
or
1998,
such
credits
will
be
calculated
as
set
forth
in
paragraphs
(
a)
and
(
b)
of
this
section,
except
that
the
applicable
fleet
average
NMOG
standard
shall
be
0.25
g/
mi
NMOG
for
the
averaging
set
for
light
lightduty
trucks
from
0­
3750
lbs
LVW
and
light­
duty
vehicles
or
0.32
g/
mi
NMOG
for
the
averaging
set
for
light
light­
duty
trucks
from
3751­
5750
lbs
LVW.
In
states
that
opt
into
National
LEV
and
have
a
Section
177
Program
effective
in
model
year
1997
or
1998,
such
credits
will
equal
the
unused
credits
earned
in
those
states.
*
*
*
*
*

54.
Section
86.1711­
99
is
amended
by
revising
the
section
heading
and
paragraph
(
a)
to
read
as
follows:
§
86.1711­
99
Limitations
on
sale
of
Tier
1
vehicles
and
TLEVs.
(
a)
In
the
2001
and
subsequent
model
years,
manufacturers
may
sell
Tier
1
vehicles
and
TLEVs
in
the
NTR
only
if
vehicles
with
the
same
engine
families
are
certified
and
offered
for
sale
in
California
in
the
same
model
year,
except
as
provided
under
§
86.1707(
d)(
4).
*
*
*
*
*

55.
Section
86.1808­
01
is
amended
by
revising
paragraph
(
f)(
19(
iii)
to
read
as
follows:
§
86.1808­
01
Maintenance
instructions.
*
*
*
*
*
(
f)
*
*
*
(
19)
*
*
*
(
iii)
Any
person
who
violates
a
provision
of
this
paragraph
(
f)
shall
be
subject
to
a
civil
penalty
of
not
more
than
$
32,500
per
day
for
each
violation.
This
maximum
penalty
is
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
set
higher
based
on
the
Consumer
Price
Index,
as
specified
in
40
CFR
part
19.
In
addition,
such
person
shall
be
liable
for
all
other
remedies
set
forth
in
Title
II
of
the
Clean
Air
Act,
remedies
pertaining
to
provisions
of
Title
II
of
the
Clean
Air
Act,
or
other
applicable
provisions
of
law.

56.
Section
86.1811­
04
is
amended
by
revising
Table
S04­
2
in
paragraph
(
c)(
6)
to
read
as
follows;
§
86.1811­
04
Emission
standards
for
light­
duty
vehicles,
light­
duty
trucks
and
medium­
duty
passenger
vehicles.
*
*
*
*
*
(
c)
*
*
*
(
6)
*
*
*
Table
S04­
2.
 
Tier
2
and
Interim
Non­
Tier
2
Intermediate
Useful
Life
(
50,000
mile)
Exhaust
Mass
Emission
Standards
(
grams
per
mile)

Bin
No.
NOx
NMOG
CO
HCHO
PM
Notes
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.6
0.195
5.0
0.022
.
.
.
.
.
.
a
c
f
h
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.4
0.125/
0.160
3.4/
4.4
0.015/
0.018
.
.
.
.
.
.
a
b
d
f
g
h
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.2
0.075/
0.140
3.4
0.015
.
.
.
.
.
.
a
b
e
f
g
h
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.14
0.100/
0.125
3.4
0.015
.
.
.
.
.
.
b
f
h
i
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.11
0.075
3.4
0.015
.
.
.
.
.
.
f
h
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.08
0.075
3.4
0.015
.
.
.
.
.
.
f
h
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.05
0.075
3.4
0.015
.
.
.
.
.
.
f
h
Notes:
a
This
bin
deleted
at
end
of
2006
model
year
(
end
of
2008
model
year
for
HLDTs
and
MDPVs
).
b
Higher
NMOG,
CO
and
HCHO
values
apply
for
HLDTs
and
MDPVs
only.
c
This
bin
is
only
for
MDPVs.
d
Optional
NMOG
standard
of
0.195
g/
mi
applies
for
qualifying
LDT4s
and
qualifying
MDPVs
only.
e
Optional
NMOG
standard
of
0.100
g/
mi
applies
for
qualifying
LDT2s
only.
f
The
full
useful
life
PM
standards
from
Table
S04­
1
also
apply
at
intermediate
useful
life.
g
Intermediate
life
standards
of
this
bin
are
optional
for
diesels.
h
Intermediate
life
standards
are
optional
for
vehicles
certified
to
a
useful
life
of
150,000
miles.
i
Higher
NMOG
standard
deleted
at
end
of
2008
model
year.

*
*
*
*
*

57.
Section
86.1816­
08
is
amended
by
revising
paragraph
(
j)(
2)
to
read
as
follows;
§
86.1816­
08
Emission
standards
for
complete
heavy­
duty
vehicles.
*
*
*
*
*
(
j)
*
*
*
(
2)
The
in­
use
adjustments
are:
(
i)
0.1
g/
mi
for
NOx.
(
ii)
0.100
g/
mi
NMHC.
(
iii)
0.01
g/
mi
for
PM.

58.
Section
86.1834­
01
is
amended
by
revising
paragraph
(
b)(
4)
introductory
text,
(
b)(
6)(
ii)
introductory
text,
and
(
b)(
6)(
ii)(
D)
to
read
as
follows;
§
86.1834­
01
Allowable
maintenance.
*
*
*
*
*
(
b)*
*
*
(
4)
For
diesel­
cycle
light­
duty
vehicles
and
light­
duty
trucks,
emission­
related
maintenance
in
addition
to,
or
at
shorter
intervals
than
the
following
will
not
be
accepted
as
technologically
necessary,
except
as
provided
in
paragraph
(
b)(
7)
of
this
section:
*
*
*
*
*
(
6)*
*
*
(
ii)
All
critical
emission­
related
scheduled
maintenance
must
have
a
reasonable
likelihood
of
being
performed
in
use.
The
manufacturer
shall
be
required
to
show
the
reasonable
likelihood
of
such
maintenance
being
performed
in
use,
and
such
showing
shall
be
made
prior
to
the
performance
of
the
maintenance
on
the
durability
data
vehicle.
Critical
emission­
related
scheduled
maintenance
items
which
satisfy
one
of
the
following
conditions
will
be
accepted
as
having
a
reasonable
likelihood
of
the
maintenance
item
being
performed
in
use:
*
*
*
(
D)
A
manufacturer
may
desire
to
demonstrate
through
a
survey
that
a
critical
maintenance
item
is
likely
to
be
performed
without
a
visible
signal
on
a
maintenance
item
for
which
there
is
no
prior
in­
use
experience
without
the
signal.
To
that
end,
the
manufacturer
may
in
a
given
model
year
market
up
to
200
randomly
selected
vehicles
per
critical
emission­
related
maintenance
item
without
such
visible
signals,
and
monitor
the
performance
of
the
critical
maintenance
item
by
the
owners
to
show
compliance
with
paragraph
(
b)(
6)(
ii)(
B)
of
this
section.
This
option
is
restricted
to
two
consecutive
model
years
and
may
not
be
repeated
until
any
previous
survey
has
been
completed.
If
the
critical
maintenance
involves
more
than
one
test
group,
the
sample
will
be
sales
weighted
to
ensure
that
it
is
representative
of
all
the
groups
in
question.
*
*
*
*
*

59.
In
Appendix
I
to
Part
86,
paragraph
(
a)
is
amended
by
revising
the
table
entries
for
"
961"
and
"
1345",
paragraph
(
b)
is
amended
by
revising
the
table
entries
for
"
363,"
"
405,"
"
453,"
"
491,"
"
577,"
"
662,"
"
663,"
"
664,"
and
"
932",
and
paragraph
(
h)
is
amended
by
adding
table
entries
for
"
595,"
"
596,"
"
597,"
"
598,"
"
599,"
and
"
600"
in
numerical
order
to
read
as
follows:
APPENDIX
I
TO
PART
86
 
URBAN
DYNAMOMETER
SCHEDULES
(
a)
EPA
Urban
Dynamometer
Driving
Schedule
for
Light­
Duty
Vehicles
and
Light­
Duty
Trucks.

EPA
URBAN
DYNAMOMETER
DRIVING
SCHEDULE
(
Speed
versus
Time
Sequence)

Time
(
sec.)
Speed
(
m.
p.
h.)

*
*
*
*
*
*
*

961
5.3
*
*
*
*
*
*
*

1345
18.3
*
*
*
*
*
*
*

(
b)
EPA
Urban
Dynamometer
Driving
Schedule
for
Light­
Duty
Vehicles,
Light­
Duty
Trucks,
and
Motorcycles
with
engine
displacements
equal
to
or
greater
than
170
cc
(
10.4
cu.
in.).
SPEED
VERSUS
TIME
SEQUENCE
Time
(
seconds)
Speed
(
kilometers
per
hour)

*
*
*
*
*
*
*

363
52.8
*
*
*
*
*
*
*

405
14.8
*
*
*
*
*
*
*

453
31.9
*
*
*
*
*
*
*

491
55.5
*
*
*
*
*
*
*

577
27.4
*
*
*
*
*
*
*

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

932
40.2
*
*
*
*
*
*
*

*
*
*
*
*

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

EPA
SC03
DRIVING
SCHEDULE
(
Speed
versus
Time
Sequence)

Time
(
sec)
Speed
(
mph)

*
*
*
*
*
*
*

595
0.0
596
0.0
597
0.0
598
0.0
599
0.0
600
0.0
PART
89
 
CONTROL
OF
EMISSIONS
FROM
NEW
AND
IN­
USE
NONROAD
COMPRESSION­
IGNITION
ENGINES
60.
The
authority
citation
for
part
89
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

61.
Section
89.1
is
amended
by
revising
paragraph
(
b)(
4)(
ii)
to
read
as
follows:
§
89.1
Applicability.
*
*
*
*
*
(
b)
*
*
*
(
4)*
*
*
(
ii)
Are
exempted
from
the
requirements
of
40
CFR
part
94
by
exemption
provisions
of
40
CFR
part
94
other
than
those
specified
in
40
CFR
94.907
or
94.912.
*
*
*
*
*

62.
Section
89.2
is
amended
by
removing
the
definitions
for
"
Marine
diesel
engine"
and
"
Vessel",
revising
the
definition
of
"
United
States",
and
adding
definitions
for
"
Amphibious
vehicle",
"
Marine
engine",
and
"
Marine
vessel"
to
read
as
follows:
§
89.2
Definitions.
*
*
*
*
*
Amphibious
vehicle
means
a
vehicle
with
wheels
or
tracks
that
is
designed
primarily
for
operation
on
land
and
secondarily
for
operation
in
water.
*
*
*
*
*
Marine
engine
means
a
nonroad
engine
that
is
installed
or
intended
to
be
installed
on
a
marine
vessel.
This
includes
a
portable
auxiliary
marine
engine
only
if
its
fueling,
cooling,
or
exhaust
system
is
an
integral
part
of
the
vessel.
There
are
two
kinds
of
marine
engines:
(
1)
Propulsion
marine
engine
means
a
marine
engine
that
moves
a
vessel
through
the
water
or
directs
the
vessel's
movement.
(
2)
Auxiliary
marine
engine
means
a
marine
engine
not
used
for
propulsion.
Marine
vessel
has
the
meaning
given
in
1
U.
S.
C.
3,
except
that
it
does
not
include
amphibious
vehicles.
The
definition
in
1
U.
S.
C.
3
very
broadly
includes
every
craft
capable
of
being
used
as
a
means
of
transportation
on
water.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
and
the
U.
S.
Virgin
Islands.
*
*
*
*
*
63.
Section
89.102
is
amended
by
revising
paragraph
(
d)(
1)(
i)
to
read
as
follows:
§
89.102
Effective
dates,
optional
inclusion,
flexibility
for
equipment
manufacturers.
*
*
*
*
*
(
d)*
*
*
(
1)*
*
*
(
i)
Equipment
rated
at
or
above
37
kW.
For
nonroad
equipment
and
vehicles
with
engines
rated
at
or
above
37
kW,
a
manufacturer
may
take
any
of
the
actions
identified
in
§
89.1003(
a)(
1)
for
a
portion
of
its
U.
S.­
directed
production
volume
of
such
equipment
and
vehicles
during
the
seven
years
immediately
following
the
date
on
which
Tier
2
engine
standards
first
apply
to
engines
used
in
such
equipment
and
vehicles,
provided
that
the
seven­
year
sum
of
these
portions
in
each
year,
as
expressed
as
a
percentage
for
each
year,
does
not
exceed
80,
and
provided
that
all
such
equipment
and
vehicles
or
equipment
contain
Tier
1
or
Tier
2
engines;
*
*
*
*
*

64.
Section
89.110
is
amended
by
revising
paragraph
(
b)(
2)
to
read
as
follows:
§
89.110
Emission
control
information
label.
*
*
*
*
*
(
b)*
*
*
(
2)
The
full
corporate
name
and
trademark
of
the
manufacturer;
though
the
label
may
identify
another
company
and
use
its
trademark
instead
of
the
manufacturer's
if
the
provisions
of
§
89.1009
are
met.
*
*
*
*
*

65.
Section
89.112
is
amended
by
revising
paragraph
(
f)(
3)
to
read
as
follows:
§
89.112
Oxides
of
nitrogen,
carbon
monoxide,
hydrocarbon,
and
particulate
matter
exhaust
emission
standards.
*
*
*
*
*
(
f)
*
*
*
(
3)
Test
procedures.
NOx,
NMHC,
and
PM
emissions
are
measured
using
the
procedures
set
forth
in
40
CFR
part
1065,
in
lieu
of
the
procedures
set
forth
in
subpart
E
of
this
part.
CO
emissions
may
be
measured
using
the
procedures
set
forth
either
in
40
CFR
part
1065
or
in
Subpart
E
of
this
part.
Manufacturers
may
use
an
alternate
procedure
to
demonstrate
the
desired
level
of
emission
control
if
approved
in
advance
by
the
Administrator.
Engines
meeting
the
requirements
to
qualify
as
Blue
Sky
Series
engines
must
be
capable
of
maintaining
a
comparable
level
of
emission
control
when
tested
using
the
procedures
set
forth
in
paragraph
(
c)
of
this
section
and
subpart
E
of
this
part.
The
numerical
emission
levels
measured
using
the
procedures
from
subpart
E
of
this
part
may
be
up
to
20
percent
higher
than
those
measured
using
the
procedures
from
40
CFR
part
1065
and
still
be
considered
comparable.
66.
Section
89.130
is
revised
to
read
as
follows:
§
89.130
Rebuild
practices.
The
provisions
of
40
CFR
1068.120
apply
to
rebuilding
of
engines
subject
to
the
requirements
of
this
part
89,
except
Tier
1
engines
rated
at
or
above
37
kW.

67.
Section
89.301
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
89.301
Scope;
applicability.
*
*
*
*
*
(
d)
Additional
information
about
system
design,
calibration
methodologies,
and
so
forth,
for
raw
gas
sampling
can
be
found
in
40
CFR
part
1065.
Examples
for
system
design,
calibration
methodologies,
and
so
forth,
for
dilute
exhaust
gas
sampling
can
be
found
in
40
CFR
part
1065.

68.
Section
89.319
is
amended
by
revising
paragraphs
(
b)(
2)(
i)
and
(
c)
introductory
text
to
read
as
follows:
§
89.319
Hydrocarbon
analyzer
calibration.
(
b)*
*
*
(
2)
*
*
*
(
i)
The
HFID
optimization
procedures
outlined
in
40
CFR
part
1065,
subpart
D.
*
*
*
*
*
(
c)
Initial
and
periodic
calibration.
Prior
to
introduction
into
service,
after
any
maintenance
which
could
alter
calibration,
and
monthly
thereafter,
the
FID
or
HFID
hydrocarbon
analyzer
shall
be
calibrated
on
all
normally
used
instrument
ranges
using
the
steps
in
this
paragraph
(
c).
Use
the
same
flow
rate
and
pressures
as
when
analyzing
samples.
Calibration
gases
shall
be
introduced
directly
at
the
analyzer,
unless
the
"
overflow"
calibration
option
of
40
CFR
part
1065,
subpart
F,
for
the
HFID
is
taken.
New
calibration
curves
need
not
be
generated
each
month
if
the
existing
curve
can
be
verified
as
continuing
to
meet
the
requirements
of
paragraph
(
c)(
3)
of
this
section.
*
*
*
*
*******

69.
Section
89.320
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
89.320
Carbon
monoxide
analyzer
calibration.
*
*
*
*
*
(
d)
The
initial
and
periodic
interference,
system
check,
and
calibration
test
procedures
specified
in
40
CFR
part
1065
may
be
used
in
lieu
of
the
procedures
specified
in
this
section.

70.
Section
89.321
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
89.321
Oxides
of
nitrogen
analyzer
calibration.
*
*
*
*
*
(
d)
The
initial
and
periodic
interference,
system
check,
and
calibration
test
procedures
specified
in
40
CFR
part
1065
may
be
used
in
lieu
of
the
procedures
specified
in
this
section.
71.
Section
89.322
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
89.322
Carbon
dioxide
analyzer
calibration.
*
*
*
*
*
(
b)
The
initial
and
periodic
interference,
system
check,
and
calibration
test
procedures
specified
in
40
CFR
part
1065
may
be
used
in
lieu
of
the
procedures
in
this
section.

72.
Section
89.410
is
amended
by
adding
paragraph
(
e)
to
read
as
follows:
§
89.410
Engine
test
cycle.
*
*
*
*
*
(
e)
Manufacturers
may
optionally
use
the
ramped­
modal
duty
cycles
corresponding
to
the
discrete­
mode
duty
cycles
specified
in
this
section,
as
described
in
40
CFR
1039.505.

73.
Section
89.419
is
amended
by
revising
paragraphs
(
a)
introductory
text,
(
a)(
3)(
i),
(
b)(
1)
introductory
text,
(
b)(
2)(
i),
(
b)(
2)(
v)(
B),
(
b)(
4)(
ii),
and
(
b)(
4)(
iii)
to
read
as
follows:
§
89.419
Dilute
gaseous
exhaust
sampling
and
analytical
system
description.
(
a)
General.
The
exhaust
gas
sampling
system
described
in
this
section
is
designed
to
measure
the
true
mass
of
gaseous
emissions
in
the
exhaust
of
petroleum­
fueled
nonroad
compression­
ignition
engines.
This
system
utilizes
the
CVS
concept
(
described
in
40
CFR
part
1065,
subparts
A
and
B)
of
measuring
mass
emissions
of
HC,
CO,
and
CO2.
A
continuously
integrated
system
is
required
for
HC
and
NOx
measurement
and
is
allowed
for
all
CO
and
CO2
measurements.
The
mass
of
gaseous
emissions
is
determined
from
the
sample
concentration
and
total
flow
over
the
test
period.
As
an
option,
the
measurement
of
total
fuel
mass
consumed
over
a
cycle
may
be
substituted
for
the
exhaust
measurement
of
CO2.
General
requirements
are
as
follows:
*
*
*
(
3)*
*
*
(
i)
Bag
sampling
(
see
40
CFR
part
1065)
and
analytical
capabilities
(
see
40
CFR
part
1065),
as
shown
in
Figure
2
and
Figure
3
in
appendix
A
to
this
subpart;
or
*
*
*
*
*
(
b)*
*
*
(
1)
Exhaust
dilution
system.
The
PDP
 
CVS
shall
conform
to
all
of
the
requirements
listed
for
the
exhaust
gas
PDP
 
CVS
in
40
CFR
part
1065.
The
CFV
 
CVS
shall
conform
to
all
of
the
requirements
listed
for
the
exhaust
gas
CFV
 
CVS
in
40
CFR
part
1065.
In
addition,
the
CVS
must
conform
to
the
following
requirements:
*
*
*
*
*
(
2)*
*
*
(
i)
The
continuous
HC
sample
system
(
as
shown
in
Figure
2
or
3
in
appendix
A
to
this
subpart)
uses
an
"
overflow"
zero
and
span
system.
In
this
type
of
system,
excess
zero
or
span
gas
spills
out
of
the
probe
when
zero
and
span
checks
of
the
analyzer
are
made.
The
"
overflow"
system
may
also
be
used
to
calibrate
the
HC
analyzer
according
to
40
CFR
part
1065,
subpart
F,
although
this
is
not
required.
*
*
*
*
*
(
v)*
*
*
(
B)
Have
a
wall
temperature
of
191

C
±
11

C
over
its
entire
length.
The
temperature
of
the
system
shall
be
demonstrated
by
profiling
the
thermal
characteristics
of
the
system
where
possible
at
initial
installation
and
after
any
major
maintenance
performed
on
the
system.
The
profiling
shall
be
accomplished
using
the
insertion
thermocouple
probing
technique.
The
system
temperature
will
be
monitored
continuously
during
testing
at
the
locations
and
temperature
described
in
40
CFR
1065.145.
*
*
*
*
*
(
4)*
*
*
(
ii)
The
continuous
NOX,
CO,
or
CO2
sampling
and
analysis
system
shall
conform
to
the
specifications
of
40
CFR
1065.145
with
the
following
exceptions
and
revisions:
(
A)
The
system
components
required
to
be
heated
by
40
CFR
1065.145
need
only
be
heated
to
prevent
water
condensation,
the
minimum
component
temperature
shall
be
55

C.
(
B)
The
system
response
shall
meet
the
specifications
in
40
CFR
part
1065,
subpart
C.
(
C)
Alternative
NOX
measurement
techniques
outlined
in
40
CFR
part
1065,
subpart
D,
are
not
permitted
for
NOX
measurement
in
this
subpart.
(
D)
All
analytical
gases
must
conform
to
the
specifications
of
§
89.312.
(
E)
Any
range
on
a
linear
analyzer
below
155
ppm
must
have
and
use
a
calibration
curve
conforming
to
§
89.310.
(
iii)
The
chart
deflections
or
voltage
output
of
analyzers
with
non­
linear
calibration
curves
shall
be
converted
to
concentration
values
by
the
calibration
curve(
s)
specified
in
§
89.313
before
flow
correction
(
if
used)
and
subsequent
integration
takes
place.

74.
Section
89.421
is
amended
by
revising
paragraphs
(
b)
and
(
c)
to
read
as
follows:
§
89.421
Exhaust
gas
analytical
system;
CVS
bag
sample.
*
*
*
*
*
(
b)
Major
component
description.
The
analytical
system,
Figure
4
in
appendix
A
to
this
subpart,
consists
of
a
flame
ionization
detector
(
FID)
(
heated
for
petroleum­
fueled
compression­
ignition
engines
to
191

C
±
6

C)
for
the
measurement
of
hydrocarbons,
nondispersive
infrared
analyzers
(
NDIR)
for
the
measurement
of
carbon
monoxide
and
carbon
dioxide,
and
a
chemiluminescence
detector
(
CLD)
(
or
HCLD)
for
the
measurement
of
oxides
of
nitrogen.
The
exhaust
gas
analytical
system
shall
conform
to
the
following
requirements:
(
1)
The
CLD
(
or
HCLD)
requires
that
the
nitrogen
dioxide
present
in
the
sample
be
converted
to
nitric
oxide
before
analysis.
Other
types
of
analyzers
may
be
used
if
shown
to
yield
equivalent
results
and
if
approved
in
advance
by
the
Administrator.
(
2)
If
CO
instruments
are
used
which
are
essentially
free
of
CO2
and
water
vapor
interference,
the
use
of
the
conditioning
column
may
be
deleted.
(
See
40
CFR
part
1065,
subpart
D.)
(
3)
A
CO
instrument
will
be
considered
to
be
essentially
free
of
CO2
and
water
vapor
interference
if
its
response
to
a
mixture
of
3
percent
CO2
in
N2,
which
has
been
bubbled
through
water
at
room
temperature,
produces
an
equivalent
CO
response,
as
measured
on
the
most
sensitive
CO
range,
which
is
less
than
1
percent
of
full
scale
CO
concentration
on
ranges
above
300
ppm
full
scale
or
less
than
3
ppm
on
ranges
below
300
ppm
full
scale.
(
See
40
CFR
part
1065,
subpart
D.)
(
c)
Alternate
analytical
systems.
Alternate
analysis
systems
meeting
the
specifications
of
40
CFR
part
1065,
subpart
A,
may
be
used
for
the
testing
required
under
this
subpart.
Heated
analyzers
may
be
used
in
their
heated
configuration.
*
*
*
*
*

75.
Section
89.424
is
amended
by
revising
the
note
at
the
end
of
paragraph
(
d)(
3)
to
read
as
follows:
§
89.424
Dilute
emission
sampling
calculations.
*
*
*
*
*
(
d)
*
*
*
(
3)*
*
*
(
Note:
If
a
CO
instrument
that
meets
the
criteria
specified
in
40
CFR
part
1065,
subpart
C,
is
used
without
a
sample
dryer
according
to
40
CFR
1065.145,
CO
em
must
be
substituted
directly
for
CO
e
and
CO
dm
must
be
substituted
directly
for
CO
d.)
*
*
*
*
*

76.
Appendix
A
to
Subpart
F
is
amended
by
revising
Table
1
to
read
as
follows:
Appendix
A
to
Subpart
F
of
Part
89
 
Sampling
Plans
for
Selective
Enforcement
Auditing
of
Nonroad
Engines
Table
1
 
Sampling
Plan
Code
Letter
Annual
engine
family
sales
Code
letter
20­
50
AA1
20­
99
A
100­
299
B
300­
499
C
500
or
greater
D
1A
manufacturer
may
optionally
use
either
the
sampling
plan
for
code
letter
"
AA"
or
sampling
plan
for
code
letter
"
A"
for
Selective
Enforcement
Audits
of
engine
families
with
annual
sales
between
20
and
50
engines.
Additionally,
the
manufacturer
may
switch
between
these
plans
during
the
audit.

*
*
*
*
*

77.
Section
89.603
is
amended
by
adding
paragraph
(
e)
to
read
as
follows:
§
89.603
General
requirements
for
importation
of
nonconforming
nonroad
engines.
*
*
*
*
*
(
e)(
1)
The
applicable
emission
standards
for
engines
imported
by
an
ICI
under
this
subpart
are
the
emission
standards
applicable
to
the
Original
Production
(
OP)
year
of
the
engine.
(
2)
Where
engine
manufacturers
have
choices
in
emission
standards
for
one
or
more
pollutants
in
a
given
model
year,
the
standard
that
applies
to
the
ICI
is
the
least
stringent
standard
for
that
pollutant
applicable
to
the
OP
year
for
the
appropriate
power
category.
(
3)
ICIs
may
not
generate,
use
or
trade
emission
credits
or
otherwise
participate
in
any
way
in
the
averaging,
banking
and
trading
program.
(
4)
An
ICI
may
import
no
more
than
a
total
of
5
engines
under
the
certificate(
s)
it
receives
under
this
part
for
any
given
model
year,
except
as
allowed
by
paragraph
(
e)(
5)
of
this
section.
For
ICIs
owned
by
a
parent
company,
the
importation
limit
includes
importation
by
the
parent
company
and
all
its
subsidiaries.
(
5)
An
ICI
may
exceed
the
limit
outlined
in
paragraph
(
e)(
4)
of
this
section,
provided
that
any
engines
in
excess
of
the
limit
meet
the
emission
standards
and
other
requirements
outlined
in
the
applicable
provisions
of
Part
89
or
1039
of
this
chapter
for
the
model
year
in
which
the
engine
is
modified
(
instead
of
the
emission
standards
and
other
requirements
applicable
for
the
OP
year
of
the
vehicle/
engine).

78.
Section
89.611
is
amended
by
revising
paragraph
(
b)(
1)
to
read
as
follows:
§
89.611
Exemptions
and
exclusions.
*
*
*
*
*
(
b)*
*
*
(
1)
Exemption
for
repairs
or
alterations.
A
person
may
conditionally
import
under
bond
a
nonconforming
engine
solely
for
purpose
of
repairs
or
alterations.
The
engine
may
not
be
operated
in
the
United
States
other
than
for
the
sole
purpose
of
repair
or
alteration
or
shipment
to
the
point
of
repair
or
alteration
and
to
the
port
of
export.
It
may
not
be
sold
or
leased
in
the
United
States
and
is
to
be
exported
upon
completion
of
the
repairs
or
alterations.
*
*
*
*
*

79.
Section
89.612
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
89.612
Prohibited
acts;
penalties.
*
*
*
*
*
(
d)
An
importer
who
violates
section
213(
d)
and
section
203
of
the
Act
is
subject
to
the
provisions
of
section
209
of
the
Act
and
is
also
subject
to
a
civil
penalty
under
section
205
of
the
Act
of
not
more
than
$
32,500
for
each
nonroad
engine
subject
to
the
violation.
In
addition
to
the
penalty
provided
in
the
Act,
where
applicable,
a
person
or
entity
who
imports
an
engine
under
the
exemption
provisions
of
§
89.611(
b)
and,
who
fails
to
deliver
the
nonroad
engine
to
the
U.
S.
Customs
Service
is
liable
for
liquidated
damages
in
the
amount
of
the
bond
required
by
applicable
Customs
laws
and
regulations.
The
maximum
penalty
value
listed
in
this
paragraph
(
d)
is
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
adjusted
based
on
the
Consumer
Price
Index.
The
specific
regulatory
provisions
for
changing
the
maximum
penalties,
published
in
40
CFR
part
19,
reference
the
applicable
U.
S.
Code
citation
on
which
the
prohibited
action
is
based.
*
*
*
*
*

80.
A
new
§
89.614
is
added
to
read
as
follows:
§
89.614
Importation
of
incomplete
engines.
The
provisions
of
40
CFR
1068.330
apply
for
importation
of
incomplete
engines,
or
engines
that
will
be
modified
for
applications
other
than
those
covered
by
this
part
89.

81.
A
new
§
89.913
is
added
to
subpart
J
to
read
as
follows:
§
89.913
What
provisions
apply
to
engines
certified
under
the
motor­
vehicle
program?
You
may
use
the
provisions
of
40
CFR
1039.605
to
introduce
new
nonroad
engines
into
commerce
if
they
are
already
certified
to
the
requirements
that
apply
to
compression­
ignition
engines
under
40
CFR
parts
85
and
86.
For
the
purposes
of
this
section,
all
references
in
40
CFR
1039.605
to
40
CFR
part
1039
or
sections
in
that
part
are
replaced
by
references
to
this
part
89
or
the
corresponding
sections
in
this
part
89.

82.
A
new
§
89.914
is
added
to
subpart
J
to
read
as
follows:
§
89.914
What
provisions
apply
to
vehicles
certified
under
the
motor­
vehicle
program?
You
may
use
the
provisions
of
40
CFR
1039.610
to
introduce
new
nonroad
engines
or
equipment
into
commerce
if
the
vehicle
is
already
certified
to
the
requirements
that
apply
under
40
CFR
parts
85
and
86.
For
the
purposes
of
this
section,
all
references
in
40
CFR
1039.610
to
40
CFR
part
1039
or
sections
in
that
part
are
replaced
by
references
to
this
part
89
or
the
corresponding
sections
in
this
part
89.

83.
Section
89.1003
is
amended
by
removing
and
reserving
paragraphs
(
b)(
5)
and
(
b)(
6),
redesignating
(
b)(
7)(
iv)
as
(
b)(
7)(
vii),
revising
paragraphs
(
a)(
3)(
iii),
(
b)(
7)(
ii),
and
(
b)(
7)(
iii),
and
adding
paragraphs
(
b)(
7)(
iv)
and
(
b)(
7)(
viii)
to
read
as
follows:
§
89.1003
Prohibited
acts.
(
a)
*
*
*
(
3)*
*
*
(
iii)
For
a
person
to
deviate
from
the
provisions
of
§
89.130
when
rebuilding
an
engine
(
or
rebuilding
a
portion
of
an
engine
or
engine
system).
Such
a
deviation
violates
paragraph
(
a)(
3)(
i)
of
this
section.
*
*
*
*
*
(
b)*
*
*
(
7)
*
*
*
(
ii)
The
engine
manufacturer
or
its
agent
takes
ownership
and
possession
of
the
engine
being
replaced
or
confirms
that
the
engine
has
been
destroyed;
and
(
iii)
If
the
engine
being
replaced
was
not
certified
to
any
emission
standards
under
this
part,
the
replacement
engine
must
have
a
permanent
label
with
your
corporate
name
and
trademark
and
the
following
language,
or
similar
alternate
language
approved
by
the
Administrator:
THIS
ENGINE
DOES
NOT
COMPLY
WITH
U.
S.
EPAFEDERAL
NONROAD
OR
HIGHWAYON­
HIGHWAY
EMISSION
REQUIREMENTS.
SELLINGSALE
OR
INSTALLINGINSTALLATION
OF
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
TOAS
A
REPLACE
A
NONROADMENT
ENGINE
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
earliest
tier
of
standards
began
to
apply
to
engines
of
that
size
and
type]
MAY
BEFOR
AN
ENGINE
MANUFACTURED
PRIOR
TO
JANUARY
1
[
INSERT
APPROPRIATE
YEAR]
IS
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
(
iv)
If
the
engine
being
replaced
was
certified
to
emission
standards
less
stringent
than
those
in
effect
when
you
produce
the
replacement
engine,
the
replacement
engine
must
have
a
permanent
label
with
your
corporate
name
and
trademark
and
the
following
language,
or
similar
alternate
language
approved
by
the
Administrator:
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
NONROAD
EMISSION
REQUIREMENTS
FOR
[
Insert
appropriate
year
reflecting
when
the
Tier
1
or
Tier
2
standards
for
the
replaced
engine
began
to
apply]
ENGINES
UNDER
THE
PROVISIONS
OF
40
CFR
89.1003(
b)(
7).
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
TO
REPLACE
A
NONROAD
ENGINE
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
next
tier
of
emission
standards
began
to
apply]
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
*
*
*
*
*
(
viii)
The
provisions
of
this
section
may
not
be
used
to
circumvent
emission
standards
that
apply
to
new
engines
under
this
part.

84.
Section
89.1006
is
amended
byrevising
paragraphs
(
a)(
1),
(
a)(
2),
(
a)(
5),
and
(
c)(
1)
and
adding
paragraph
(
a)(
6)
to
read
as
follows:
§
89.1006
Penalties.
(
a)
*
*
*
(
1)
A
person
who
violates
§
89.1003(
a)(
1),
(
a)(
4),
or
(
a)(
6),
or
a
manufacturer
or
dealer
who
violates
§
89.1003(
a)(
3)(
i),
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
for
each
violation.
(
2)
A
person
other
than
a
manufacturer
or
dealer
who
violates
§
89.1003(
a)(
3)(
i)
or
any
person
who
violates
§
89.1003(
a)(
3)(
ii)
is
subject
to
a
civil
penalty
of
not
more
than
$
2,750
for
each
violation.
*
*
*
*
*
(
5)
A
person
who
violates
§
89.1003(
a)(
2)
or
(
a)(
5)
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
per
day
of
violation.
(
6)
The
maximum
penalty
values
listed
in
this
section
are
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
adjusted
based
on
the
Consumer
Price
Index.
The
specific
regulatory
provisions
for
changing
the
maximum
penalties,
published
in
40
CFR
part
19,
reference
the
applicable
U.
S.
Code
citation
on
which
the
prohibited
action
is
based.
*
*
*
*
*
(
c)
*
*
*
(
1)
Administrative
penalty
authority.
In
lieu
of
commencing
a
civil
action
under
paragraph
(
b)
of
this
section,
the
Administrator
may
assess
any
civil
penalty
prescribed
in
paragraph
(
a)
of
this
section,
except
that
the
maximum
amount
of
penalty
sought
against
each
violator
in
a
penalty
assessment
proceeding
shall
not
exceed
$
270,000,
unless
the
Administrator
and
the
Attorney
General
jointly
determine
that
a
matter
involving
a
larger
penalty
amount
is
appropriate
for
administrative
penalty
assessment.
Any
such
determination
by
the
Administrator
and
the
Attorney
General
is
not
subject
to
judicial
review.
Assessment
of
a
civil
penalty
shall
be
by
an
order
made
on
the
record
after
opportunity
for
a
hearing
held
in
accordance
with
the
procedures
found
at
part
22
of
this
chapter.
The
Administrator
may
compromise,
or
remit,
with
or
without
conditions,
any
administrative
penalty
which
may
be
imposed
under
this
section.
*
*
*
*
*

85.
A
new
§
89.1009
is
added
to
subpart
K
to
read
as
follows:
§
89.1009
What
special
provisions
apply
to
branded
engines?
The
following
provisions
apply
if
you
identifyAA
manufacturer
identifying
the
name
and
trademark
of
another
company
instead
of
your
own
on
yourthethe
emission
control
information
label,
as
provided
by
§
89.110(
b)(
2):
(
a)
You
must
have
a
contractual
agreement
with
the
other
company
that
obligates
that
company
to
take
the
following
steps:
(
1)
Meet
the
emission
warranty
requirements
that
apply
under
this
part.
This
may
involve
a
separate
agreement
involving
reimbursement
of
warranty­
related
expenses.
(
2)
Report
all
warranty­
related
information
to
the
certificate
holder.
(
b)
In
your
application
for
certification,
identify
the
company
whose
trademark
you
will
use
and
describe
the
arrangements
you
have
made
to
meet
your
requirements
under
this
section.
(
c)
You
remain
responsible
for
meeting
all
the
requirements
of
this
chapter,
including
warranty
and
defect­
reporting
provisions,
must
comply
with
the
provisions
of
40
CFR
1039.640.

PART
94
 
CONTROL
OF
AIR
POLLUTION
FROM
MARINE
COMPRESSIONIGNITION
ENGINES
86.
The
authority
citation
for
part
94
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

87.
Section
94.2
is
amended
in
paragraph
(
b)
by
removing
the
definitions
of
Auxiliary
engine
and
Propulsion
engine,
revising
the
definitions
of
Marine
engine,
Marine
vessel,
and
United
States,
and
adding
a
definition
of
Amphibious
vehicle
in
alphabetical
order
to
read
as
follows:
§
94.2
Definitions.
*
*
*
*
*
Amphibious
vehicle
means
a
vehicle
with
wheels
or
tracks
that
is
designed
primarily
for
operation
on
land
and
secondarily
for
operation
in
water.
*
*
*
*
*
Marine
engine
means
a
nonroad
engine
that
is
installed
or
intended
to
be
installed
on
a
marine
vessel.
This
includes
a
portable
auxiliary
marine
engine
only
if
its
fueling,
cooling,
or
exhaust
system
is
an
integral
part
of
the
vessel.
There
are
two
kinds
of
marine
engines:
(
1)
Propulsion
marine
engine
means
a
marine
engine
that
moves
a
vessel
through
the
water
or
directs
the
vessel's
movement.
(
2)
Auxiliary
marine
engine
means
a
marine
engine
not
used
for
propulsion.
Marine
vessel
has
the
meaning
given
in
1
U.
S.
C.
3,
except
that
it
does
not
include
amphibious
vehicles.
The
definition
in
1
U.
S.
C.
3
very
broadly
includes
every
craft
capable
of
being
used
as
a
means
of
transportation
on
water.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
and
the
U.
S.
Virgin
Islands.
*
*
*
*
*

88.
Section
94.9
is
amended
by
revising
paragraph
(
a)(
3)
to
read
as
follows:
§
94.9
Compliance
with
emission
standards.
(
a)
*
*
*
(
3)
Manufacturers
may
request
in
the
application
for
certification
that
we
approve
a
shorter
useful
life
for
an
engine
family.
We
may
approve
a
shorter
useful
life,
in
hours
of
engine
operation
but
not
in
years,
if
we
determine
that
these
engines
will
rarely
operate
longer
than
the
shorter
useful
life.
If
engines
identical
to
those
in
the
engine
family
have
already
been
produced
and
are
in
use,
the
demonstration
must
include
documentation
from
such
in­
use
engines.
In
other
cases,
the
demonstration
must
include
an
engineering
analysis
of
information
equivalent
to
such
in­
use
data,
such
as
data
from
research
engines
or
similar
engine
models
that
are
already
in
production.
The
demonstration
must
also
include
recommended
overhaul
intervals,
any
mechanical
warranty
offered
for
the
engine
or
its
components,
and
any
relevant
customer
design
specifications.
The
demonstration
may
include
any
other
relevant
information.
The
useful
life
value
may
not
be
shorter
than
any
of
the
following:
(
i)
1,000
hours
of
operation.
(
ii)
The
recommended
overhaul
interval.
(
iii)
The
mechanical
warranty
for
the
engine.
*
*
*
*
*

89.
Section
94.105
is
amended
by
revising
paragraph
(
b)
before
the
table
to
read
as
follows:
§
94.105
Duty
cycles.
*
*
*
*
*
(
b)
General
cycle.
Propulsion
engines
that
are
used
with
(
or
intended
to
be
used
with)
fixed­
pitch
propellers,
propeller­
law
auxiliary
engines,
and
any
other
engines
for
which
the
other
duty
cycles
of
this
section
do
not
apply,
shall
be
tested
using
the
duty
cycle
described
in
the
following
Table
B
 
1:
*
*
*
*
*

90.
Section
94.107
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
94.107
Determination
of
maximum
test
speed.
*
*
*
*
*
(
b)
Generation
of
lug
curve.
Prior
to
beginning
emission
testing,
generate
maximum
measured
brakepower
versus
engine
speed
data
points
using
the
applicable
method
specified
in
40
CFR
1065.510.
These
data
points
form
the
lug
curve.
It
is
not
necessary
to
generate
the
entire
lug
curve.
For
the
portion
of
the
curve
where
power
increases
with
increasing
speed,
it
is
not
necessary
to
generate
points
with
power
less
than
90
percent
of
the
maximum
power
value.
For
the
portion
of
the
curve
where
power
decreases
with
increasing
speed,
it
is
not
necessary
to
generate
points
with
power
less
than
75
percent
of
the
maximum
power
value.
*
*
*
*
*

91.
Section
94.109
is
amended
by
revising
paragraph
(
b)
to
read
as
follows:
§
94.109
Test
procedures
for
Category
3
marine
engines.
*
*
*
*
*
(
b)
Analyzers
meeting
the
specifications
of
either
40
CFR
part
1065,
subpart
C,
or
ISO
8178
 
1
(
incorporated
by
reference
in
§
94.5)
shall
be
used
to
measure
THC
and
CO.
*
*
*
*
*

92.
Section
94.904212211
is
amended
by
adding
a
newrevisingrevising
paragraph
(
cb)(
6k)
to
read
as
follows:
§
94.212
Labeling.
*
*
*
*
*
211
Emission­
related
maintenance
instructions
for
purchasers.
*
*
*
*
*
(
k)
For
Category
3
engines,
the
manufacturer
must
provide
the
ultimate
purchaser
with
a
Technical
File
meeting
the
specifications
of
section
2.4
of
the
Annex
VI
Technical
Code
(
incorporated
by
reference
in
§
94.5).
The
maintenance
instructions
required
by
this
part
to
be
provided
by
manufacturer
may
be
included
in
this
Technical
File.
The
manufacturer
must
provide
a
copy
of
this
Technical
File
to
EPA
upon
request.
*
*
*
*
*

93.
Section
94.212
is
amended
by
revising
paragraph
(
b)(
6)
to
read
as
follows:
§
94.212
Labeling.
*
*
*
*
*
(
b)*
*
*
(
6)
A
prominent
unconditional
statement
of
compliance
with
U.
S.
Environmental
Protection
Agency
regulations
whichthat
apply
to
marine
compression­
ignition
engines.
*
*
*
*
*

94.
A
new
§
94.806
is
added
to
read
as
follows:
§
94.806
Importation
of
incomplete
engines.
The
provisions
of
40
CFR
1068.330
apply
for
importation
of
incomplete
engines,
or
engines
that
will
be
modified
for
applications
other
than
those
covered
by
this
part
94.
95.
Section
94.904
is
amended
by
revising
paragraph
(
a)
and
adding
a
new
paragraph
(
c)
to
read
as
follows:
§
94.904
Exemptions.
(
a)
Except
as
specified
otherwise
in
this
subpart,
the
provisions
of
§
§
94.904
through
94.912
exempt
certain
new
engines
from
the
standards,
other
requirements,
and
prohibitions
of
this
part,
except
for
the
requirements
of
this
subpart
and
the
requirements
of
§
94.1104.
Additional
requirements
may
apply
for
imported
engines;
these
are
described
in
subpart
I
of
this
part.
*
*
*
*
*
(
c)
If
you
want
to
take
an
action
with
respect
to
an
exempted
or
excluded
engine
that
is
prohibited
by
the
exemption
or
exclusion,
such
as
selling
it,
you
need
to
certify
the
engine.
We
will
issue
a
certificate
of
conformity
if
you
send
us
an
application
for
certification
showing
that
you
meet
all
the
applicable
requirements
from
this
part
94
and
pay
the
appropriate
fee.
Also,
in
some
cases,
we
may
allow
manufacturers
to
modify
the
engine
as
needed
to
make
it
identical
to
engines
already
covered
by
a
certificate.
We
would
base
such
an
approval
on
our
review
of
any
appropriate
documentation.
These
engines
must
have
emission
control
information
labels
that
accurately
describe
their
status.

96.
Section
94.907
is
amended
by
revising
paragraphs
(
a),
(
b),
(
c),
(
d)
introductory
text,
(
d)(
1)(
ii),
(
d)(
2),
(
d)(
3)(
i),
(
d)(
4),
and
(
g)
and
adding
introductory
text
to
paragraph
(
h)
revised
to
read
as
follows:
§
94.907
Engine
dressing
exemption.
(
a)
General
provisions.
If
you
are
an
engine
manufacturer,
this
section
allows
you
to
introduce
new
marine
engines
into
commerce
if
they
are
already
certified
to
the
requirements
that
apply
to
compression­
ignition
engines
under
40
CFR
parts
85
and
86
or
40
CFR
part
89,
92
or
1039
for
the
appropriate
model
year.
If
you
comply
with
all
the
provisions
of
this
section,
we
consider
the
certificate
issued
under
40
CFR
part
86,
89,
92,
or
1039
for
each
engine
to
also
be
a
valid
certificate
of
conformity
under
this
part
94
for
its
model
year,
without
a
separate
application
for
certification
under
the
requirements
of
this
part
94.
(
b)
Boat
­
builderBoat­
builder
provisions.
If
you
are
not
an
engine
manufacturer,
you
may
install
an
engine
certified
for
the
appropriate
model
year
under
40
CFR
part
86,
89,
92,
or
1039
in
a
marine
vessel
as
long
as
the
engine
has
been
properly
labeled
as
specified
in
paragraph
(
d)(
5)
of
this
section
and
you
do
not
make
any
of
the
changes
described
in
paragraph
(
d)(
3)
of
this
section
and
you
meet
the
requirements
of
paragraph
(
e)
of
this
section.
If
you
modify
the
non­
marine
engine
in
any
of
the
ways
described
in
paragraph
(
d)(
3)
of
this
section,
we
will
consider
you
a
manufacturer
of
a
new
marine
engine.
Such
engine
modifications
prevent
you
from
using
the
provisions
of
this
section.
(
c)
Liability.
Engines
for
which
you
meet
the
requirements
of
this
section
are
exempt
from
all
the
requirements
and
prohibitions
of
this
part,
except
for
those
specified
in
this
section.
Engines
exempted
under
this
section
must
meet
all
the
applicable
requirements
from
40
CFR
parts
85
and
86
or
40
CFR
part
89,
92,
or
1039.
This
paragraph
(
c)
applies
to
engine
manufacturers,
boat
builders
who
use
such
an
engine,
and
all
other
persons
as
if
the
engine
were
used
in
its
originally
intended
application.
The
prohibited
acts
of
§
94.1103(
a)(
1)
apply
to
these
new
engines
and
vessels;
however,
we
consider
the
certificate
issued
under
40
CFR
part
86,
89,
92,
or
1039
for
each
engine
to
also
be
a
valid
certificate
of
conformity
under
this
part
94
for
its
model
year.
If
we
make
a
determination
that
these
engines
do
not
conform
to
the
regulations
during
their
useful
life,
we
may
require
you
to
recall
them
under
this
part
94
or
under
40
CFR
part
85,
89,
92,
or
1039.
(
d)
Specific
requirements.
If
you
are
an
engine
manufacturer
and
meet
all
the
following
criteria
and
requirements
regarding
your
new
marine
engine,
the
engine
is
eligible
for
an
exemption
under
this
section:
(
1)
You
must
produce
it
by
marinizing
an
engine
covered
by
a
valid
certificate
of
conformity
from
one
of
the
following
programs:
*
*
*(
i)
Heavy­
duty
highway
engines
(
40
CFR
part
86).
(
ii)
Land­
based
nonroad
diesel
engines
(
40
CFR
part
89
or
1039).
*
*
*
*
*(
iii)
Locomotive
engines
(
40
CFR
part
92).
(
2)
The
engine
must
have
the
label
required
under
40
CFR
part
86,
89,
92,
or
1039.
*
*
*
*
*
(
3)
*
*
*
You
must
not
make
any
changes
to
the
certified
engine
that
could
reasonably
be
expected
to
increase
its
emissions.
For
example,
if
you
make
any
of
the
following
changes
to
one
of
these
engines,
you
do
not
qualify
for
the
engine
dressing
exemption:
(
i)
Change
any
fuel
system
parameters
from
the
certified
configuration,
or
change,
remove,
or
fail
to
properly
install
any
other
component,
element
of
design,
or
calibration
specified
in
the
engine
manufacturer's
application
for
certification.
This
includes
aftertreatment
devices
and
all
related
components.
*
*
*
*
*
(
ii)
Replacing
an
original
turbocharger,
except
that
small­
volume
manufacturers
of
recreational
engines
may
replace
an
original
turbocharger
with
one
that
matches
the
performance
of
the
original
turbocharger.
(
iii)
Modify
or
design
the
marine
engine
cooling
or
aftercooling
system
so
that
temperatures
or
heat
rejection
rates
are
outside
the
original
engine
manufacturer's
specified
ranges.
(
4)
You
must
show
that
fewer
than
50
percent
of
the
engine
model'sfamily's
total
sales
in
the
United
States
for
the
model
year,
from
all
companies,
are
used
in
marine
applications.
This
includes
engines
used
in
any
application,
without
regard
to
which
company
manufactures
the
vessel
or
equipment.
Show
this
as
follows:
(
i)
If
you
are
the
original
manufacturer
of
the
engine,
base
this
showing
on
your
sales
information.
(
ii)
In
all
other
cases,
you
must
get
the
original
manufacturer
of
the
engine
to
confirm
this
based
on
its
sales
information.
*
*
*
*
*(
e)
If
you
are
an
engine
manufacturer
or
boat
builder
using
this
exemption,
you
must
do
all
of
the
following:
(
1)
Make
sure
the
original
engine
label
will
remain
clearly
visible
after
installation
in
the
vessel.
(
2)
Add
a
permanent
supplemental
label
to
the
engine
in
a
position
where
it
will
remain
clearly
visible
after
installation
in
the
vessel.
In
your
engine
label,
do
the
following:
(
i)
Include
the
heading:
"
Marine
Engine
Emission
Control
Information".
(
ii)
Include
your
full
corporate
name
and
trademark.
(
iii)
State:
"
This
engine
was
marinized
without
affecting
its
emission
controls."
(
iv)
State
the
date
you
finished
marinizing
the
engine
(
month
and
year).
(
3)
Send
a
signed
letter
to
the
Designated
Officer
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
engine
models
for
which
you
expect
to
use
this
exemption
in
the
coming
year
and
describe
your
basis
for
meeting
the
sales
restrictions
of
paragraph
(
d)(
4)
of
this
section.
(
iii)
State:
"
We
prepare
each
listed
engine
model
for
marine
application
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
94.907."
(
f)
Engine
inventories.
In
general
you
may
use
up
your
inventory
of
engines
that
are
not
certified
to
new
marine
emission
standards
if
they
were
originally
manufactured
before
the
date
of
the
new
standards.
However,
stockpiling
these
engines
is
a
violation
of
§
94.1103(
a)(
1)(
i)(
A).
(
g)
Failure
to
comply.
If
your
engines
do
not
meet
the
criteria
listed
in
paragraph
(
d)
of
this
section,
they
will
be
subject
to
the
standards,
requirements,
and
prohibitions
of
this
part
94
and
the
certificate
issued
under
40
CFR
part
86,
89,
92,
or
1039
will
not
be
deemed
to
also
be
a
certificate
issued
under
this
part
94.
Introducing
these
engines
into
commerce
without
a
valid
exemption
or
certificate
of
conformity
under
this
part
violates
the
prohibitions
in
40
CFR
94.1103(
a)(
1).
(
h)
Data
submission.
(
1)
If
you
are
the
original
manufacturer
and
marinizer
of
an
exempted
engine,
you
must
send
us
emission
test
data
on
the
appropriate
marine
duty
cycles.
You
can
include
the
data
in
your
application
for
certification
or
in
the
letter
described
in
paragraph
(
e)(
3)
of
this
section.
*
*
*
*
*
*
*
*(
2)
If
you
are
the
original
manufacturer
of
an
exempted
engine
that
is
marinized
by
a
post­
manufacture
marinizer,
you
may
be
required
to
send
us
emission
test
data
on
the
appropriate
marine
duty
cycles.
If
such
data
are
requested
you
will
be
allowed
a
reasonable
amount
of
time
to
collect
the
data.
(
i)
Participation
in
averaging,
banking
and
trading.
Engines
adapted
for
marine
use
under
this
section
may
not
generate
or
use
emission
credits
under
this
part
94.
These
engines
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
86,
89,
92,
or
1039,
as
applicable.
These
engines
must
use
emission
credits
under
40
CFR
part
86,
89,
92,
or
1039
as
applicable
if
they
are
certified
to
an
FEL
that
exceeds
an
applicable
standard.
(
j)
Operator
requirements.
The
requirements
for
vessel
manufacturers,
owners,
and
operators
in
subpart
K
of
this
part
apply
to
these
engines
whether
they
are
certified
under
this
part
94
or
another
part
as
allowed
by
this
section.

97.
A
new
§
94.912
is
added
to
subpart
J
to
read
as
follows:
§
94.912
Optional
certification
to
land­
based
standards
for
auxiliary
marine
engines.
(
a)
If
an
engine
meets
all
the
following
criteria,
it
is
exempt
fromThisThis
section
applies
to
auxiliary
marine
engines
that
are
identical
to
certified
land­
based
engines.
See
§
94.907
for
provisions
that
apply
to
propulsion
marine
engines
or
auxiliary
marine
engines
that
are
modified
for
marine
applications.
(
a)
General
provisions.
If
you
are
an
engine
manufacturer,
this
section
allows
you
to
introduce
new
marine
engines
into
commerce
if
they
are
already
certified
to
the
requirements
that
apply
to
compression­
ignition
engines
under
40
CFR
part
89
or
1039
for
the
appropriate
model
year.
If
you
comply
with
all
the
provisions
of
this
section,
we
consider
the
certificate
issued
under
40
CFR
part
86
or
1039
for
each
engine
to
also
be
a
valid
certificate
of
conformity
under
this
part
94
for
its
model
year,
without
a
separate
application
for
certification
under
the
requirements
of
this
part
94.
(
b)
Boat
builder
provisions.
If
you
are
not
an
engine
manufacturer,
you
may
install
an
engine
certified
for
land­
based
applications
in
a
marine
vessel
as
long
as
you
meet
all
the
qualifying
criteria
and
requirements
specified
in
paragraphs
(
d)
and
(
e)
of
this
section.
If
you
modify
the
non­
marine
engine,
we
will
consider
you
a
manufacturer
of
a
new
marine
engine.
Such
engine
modifications
prevent
you
from
using
the
provisions
of
this
section.
(
c)
Liability.
Engines
for
which
you
meet
the
requirements
of
this
section
are
exempt
from
all
the
requirements
and
prohibitions
of
this
part,
except
for
those
specified
in
this
section.
Engines
exempted
under
this
section
must
meet
all
the
applicable
requirements
from
40
CFR
part
89
or
1039.
This
paragraph
(
c)
applies
to
engine
manufacturers,
boat
builders
who
use
such
an
engine,
and
all
other
persons
as
if
the
engine
were
used
in
its
originally
intended
application.
The
prohibited
acts
of
§
94.1103(
a)(
1)
apply
to
these
new
engines
and
vessels;
however,
we
consider
the
certificate
issued
under
40
CFR
part
89
or
1039
for
each
engine
to
also
be
a
valid
certificate
of
conformity
under
this
part
94
for
its
model
year.
If
we
make
a
determination
that
these
engines
do
not
conform
to
the
regulations
during
their
useful
life,
we
may
require
you
to
recall
them
under
this
part
94
or
under
40
CFR
part
89
or
1068.
(
d)
Qualifying
criteria.
If
you
are
an
engine
manufacturer
and
meet
all
the
following
criteria
and
requirements
regarding
your
new
marine
engine,
the
engine
is
eligible
for
an
exemption
under
this
section:
(
1)
The
marine
enginesengine
must
be
identical
in
all
material
respects
to
a
land­
based
engine
covered
by
a
valid
certificate
of
conformity
for
the
appropriate
model
year
showing
that
it
meets
emission
standards
for
engines
of
that
power
rating
under
40
CFR
part
89
or
1039.
(
2)
The
engines
may
not
be
used
as
propulsion
marine
engines.
(
3)
The
engines
must
have
the
emission
control
information
label
we
require
in
40
CFR
89.110
or
40
CFR
1039.135,
including
additional
information
to
identify
the
engine
as
certified
also
for
auxiliary
marine
applications.
(
4)
TheYouYou
must
show
that
the
number
of
auxiliary
marine
engines
from
the
engine
family
must
be
smaller
than
the
number
of
land­
based
engines
from
the
engine
family.
(
5)
I
sold
in
the
United
States,
as
follows:
(
i)
If
you
are
the
original
manufacturer
of
the
engine,
base
this
showing
on
your
sales
information.
(
ii)
In
all
other
cases,
you
must
get
the
original
manufacturer
of
the
engine
to
confirm
this
based
on
its
sales
information.
(
e)
Specific
requirements.
If
you
are
an
engine
manufacturer
or
boat
builder
using
this
exemption,
you
must
do
all
of
the
following:
(
1)
Make
sure
the
original
engine
label
will
remain
clearly
visible
after
installation
in
the
vessel.
This
label
or
a
supplemental
label
must
identify
that
the
original
certification
is
valid
for
marine
auxiliary
applications.
(
2)
Send
a
signed
letter
to
the
Designated
Officer
by
the
end
of
each
calendar
year
(
or
less
often
if
we
tell
you)
with
all
the
following
information:
(
i)
Identify
your
full
corporate
name,
address,
and
telephone
number.
(
ii)
List
the
engine
models
you
expect
to
produce
under
this
exemption
in
the
coming
year.
(
iii)
State:
"
We
produce
each
listed
engine
model
for
marine
application
without
making
any
changes
that
could
increase
its
certified
emission
levels,
as
described
in
40
CFR
94.907."
(
5)
If
you
are
the
certificate
holder,
you
must
describe
in
your
application
for
certification,
how
you
must
identify
your
plansplan
to
produce
engines
for
both
land­
based
and
auxiliary
marine
applications,
including
projected
sales
of
auxiliary
marine
engines
to
the
extent
this
can
be
determined.
If
the
projected
marine
sales
are
substantial,
we
may
ask
for
the
year­
end
report
of
production
volumes
to
include
actual
auxiliary
marine
engine
sales.
(
b)
The
only
requirements
or
prohibitions
from
this
part
that
apply
to
an
engine
that
is
exempt
under
this
section
are
in
this
section.
(
c)
f)
Failure
to
comply.
If
your
engines
do
not
meet
the
criteria
listed
in
paragraph
(
add)
of
this
section,
they
will
be
subject
to
all
the
standards,
requirements,
and
prohibitions
of
this
part
94
and
the
certificate
issued
under
40
CFR
part
89
or
1039
will
not
be
deemed
to
also
be
a
certificate
issued
under
this
part
94.
Introducing
these
engines
into
commerce
without
a
valid
exemption
or
certificate
of
conformity
under
this
part
violates
the
prohibitions
in
§
94.1103.
(
d)
Engines
exempted
under
this
section
are
subject
to
all
the
requirements
affecting
engines
under
40
CFR
part
89
or
1039.
The
requirements
and
restrictions
of
40
CFR
part
89
or
1039
apply
to
anyone
manufacturing
these
engines,
anyone
manufacturing
equipment
that
uses
these
engines,
and
all
other
persons
in
the
same
manner
as
if
these
were
land­
based
nonroad
diesel
engines.
(
e)
If
you
produce
marine
engines
under
the
provisions
of
this
section,
include
them
in
your
emission­
credit
calculations4040
CFR
94.1103(
a)(
1).
(
g)
Participation
in
averaging,
banking
and
trading.
Engines
using
this
exemption
may
not
generate
or
use
emission
credits
under
this
part
94.
These
engines
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
89
or
1039,
as
applicable.
Do
not
count
tThese
marine
engines
in
emission­
credit
calculationsmustThese
engines
must
use
emission
credits
under
40
CFR
part
94.
(
f)
89
or
1039
as
applicable
if
they
are
certified
to
an
FEL
that
exceeds
an
applicable
standard.
(
h)
Operator
requirements.
The
requirements
for
vessel
manufacturers,
owners,
and
operators
in
subpart
K
of
this
part
apply
to
these
engines
whether
they
are
certified
under
this
part
94
or
another
part
as
allowed
by
this
section.

98.
Section
94.10014
is
revisedA
new
§
94.913
is
added
to
subpart
J
to
read
as
follows:
§
94.913
Staged­
assembly
exemption.
You
may
ask
us
to
provide
a
temporary
exemption
to
allow
you
to
complete
production
of
your
engines
at
different
facilities,
as
long
as
you
maintain
control
of
the
engines
until
they
are
in
their
certified
configuration.
We
may
require
you
to
take
specific
steps
to
ensure
that
such
engines
are
in
their
certified
configuration
before
reaching
the
ultimate
purchaser.
You
may
request
an
exemption
under
this
section
in
your
application
for
certification,
or
in
a
separate
submission
to
the
Designated
Compliance
Officer.

99.
Section
94.1004
is
amended
by
revising
paragraphs
(
b)
and
(
c)
introductory
text
to
read
as
follows:
§
94.1001
Applicability.
The
requirements
of
this
subpart
are
applicable
to
manufacturers,
owners,
and
operators
of
marine
vessels
that
contain
engines
with
per­
cylinder
displacement
of
at
least
2.5
liters
1004
Maintenance,
repair,
adjustment,
and
recordkeeping.
*
*
*
*
*
(
b)
Unless
otherwise
approved
by
the
Administrator,
all
maintenance,
repair,
adjustment,
and
alteration
of
Category
3
engines
subject
to
the
provisions
of
subpart
A
of
this
part,
except
as
otherwise
specified.
this
part
performed
by
any
owner,
operator
or
other
maintenance
provider
that
is
not
covered
by
paragraph
(
a)
of
this
section
shall
be
performed,
using
good
engineering
judgment,
in
such
a
manner
that
the
engine
continues
(
after
the
maintenance,
repair,
adjustment
or
alteration)
to
meet
the
emission
standards
it
was
certified
as
meeting
prior
to
the
need
for
service.
Adjustments
are
limited
to
the
range
specified
by
the
engine
manufacturer
in
the
approved
application
for
certification.
(
c)
A
Category
3
engine
may
not
be
adjusted
or
altered
contrary
to
the
requirements
of
§
94.11
or
paragraph
(
b)
of
this
section,
except
as
allowed
by
§
94.1103(
b)(
2).
If
such
an
adjustment
or
alteration
occurs,
the
engine
must
be
returned
to
a
configuration
allowed
by
this
part
within
two
hours
of
operation.
Each
two­
hour
period
during
which
there
is
noncompliance
is
a
separate
violation.
The
following
provisions
apply
to
adjustments
or
alterations
made
under
§
94.1103(
b)(
2):
*
*
*
*
*

100.
Section
94.1103
is
amended
by
redesignating
(
b)(
3)(
iv)
as
(
b)(
3)(
vii),
revising
paragraph
(
b)(
3)(
ii)
and
(
b)(
3)(
iii),
and
adding
paragraphs
(
ba)(
3)(
iv8)
and
(
b)(
3)(
viii4)
to
read
as
follows:
§
94.1103
Prohibited
acts.
*
*
*
*
*(
a)
The
following
acts
and
the
causing
thereof
are
prohibited:
*
**
(
8)
For
an
owner
or
operator
of
a
vessel
installing
a
replacement
engine
under
the
provisions
of
paragraph
(
b)(
4)
of
this
section
to
make
modifications
to
significantly
increase
the
value
of
the
vessel
within
six
months
after
installing
the
replacement
engine.
(
b)*
*
*
(
3)
*
*
*

WhereWhere
the
Administrator
determines
that
no
engine
that
is
certified
to
the
requirements
of
this
part
is
produced
by
any
manufacturer
with
the
appropriate
physical
or
performance
characteristics
to
repower
a
vessel,
the
Administrator
may
allow
an
engine
manufacturer
to
introduce
into
commerce
a
replacement
engine
without
complying
with
all
of
the
otherwise
applicable
requirements
of
this
part.
Such
engine
shall
not
be
subject
to
the
prohibitions
of
paragraph
(
a)(
1)
of
this
section,
subject
to
all
the
following
provisions:
(
i)
The
engine
requiring
replacement
is
not
certified
or
is
certified
to
emission
standards
that
are
less
stringent
than
those
in
effect
when
the
replacement
engine
is
built.
(
ii)
The
engine
manufacturer
or
its
agent
takes
ownership
and
possession
of
the
engine
being
replaced
or
confirms
that
the
engine
has
been
destroyed;
and.
(
iii)
If
the
engine
being
replaced
was
not
certified
to
any
emission
standards
under
this
part,
the
replacement
engine
must
have
a
permanent
label
with
your
corporate
name
and
trademark
and
the
following
language,
or
similar
alternate
language
approved
by
the
Administrator:
THIS
ENGINE
DOES
NOT
COMPLY
WITH
U.
S.
EPA
MARINE
EMISSION
REQUIREMENTS.
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
TO
REPLACE
A
MARINE
ENGINE
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
earliest
tier
of
standards
began
to
apply
to
engines
of
that
size
and
type]
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
(
iv)
If
the
engine
being
replaced
was
certified
to
emission
standards
less
stringent
than
those
in
effect
when
you
produce
the
replacement
engine,
the
replacement
engine
must
have
a
permanent
label
with
your
corporate
name
and
trademark
and
the
following
language,
or
similar
alternate
language
approved
by
the
Administrator:
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
MARINE
EMISSION
REQUIREMENTS
FOR
[
Insert
appropriate
year
reflecting
when
the
Tier
1
or
Tier
2
standards
for
the
replaced
engine
began
to
apply]
ENGINES
UNDER
THE
PROVISIONS
OF
40
CFR
94.1103(
b)(
3).
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
TO
REPLACE
A
MARINE
ENGINE
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
next
tier
of
emission
standards
began
to
apply]
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
*
*
*
*
*
(
v)
Where
the
replacement
engine
is
intended
to
replace
an
engine
that
is
certified
to
emission
standards
that
are
less
stringent
than
those
in
effect
when
the
replacement
engine
is
built,
the
replacement
engine
shall
be
identical
in
all
material
respects
to
a
certified
configuration
of
the
same
or
later
model
year
as
the
engine
being
replaced.
(
vi)
Engines
sold
pursuant
to
the
provisions
of
this
paragraph
will
neither
generate
nor
use
emission
credits
and
will
not
be
part
of
any
accounting
under
the
averaging,
banking
and
trading
program.
(
vii)
In
cases
where
an
engine
is
to
be
imported
for
replacement
purposes
under
the
provisions
of
this
paragraph
(
b)(
3)
of
this
section,
the
term
"
engine
manufacturer"
shall
not
apply
to
an
individual
or
other
entity
that
does
not
possess
a
current
Certificate
of
Conformity
issued
by
EPA
under
this
part;
and
(
viii)
The
provisions
of
this
section
may
not
be
used
to
circumvent
emission
standards
that
apply
to
new
engines
under
this
part.
(
4)
An
engine
manufacturer
may
make
the
determination
related
to
replacement
engines
described
in
paragraph
(
b)(
3)
of
this
section
instead
of
the
Administrator,
if
the
new
engine
is
needed
to
replace
an
engine
that
has
experienced
catastrophic
failure.
The
engine
manufacturer
must
keep
records
explaining
why
no
new
engine
that
is
certified
to
the
requirements
of
this
part
could
be
used
to
replace
the
engine
that
has
experienced
catastrophic
failure,
and
make
these
records
available
upon
request.

101.
Section
94.1106
is
amended
by
revising
the
introductory
text
and
paragraphs
(
a)(
1),
(
a)(
2
),
(
c)(
1),
and
(
d)
to
read
as
follows:
§
94.1106
Penalties.
This
section
specifies
actions
that
are
prohibited
and
the
maximum
civil
penalties
that
we
can
assess
for
each
violation.
The
maximum
penalty
values
listed
in
paragraphs
(
a)
and
(
c)
of
this
section
are
shown
for
calendar
year
2004.
As
described
in
paragraph
(
d)
of
this
section,
maximum
penalty
limits
for
later
years
are
set
forth
in
40
CFR
part
19.
(
a)
*
*
*
(
1)
A
person
who
violates
§
94.1103(
a)(
1),
(
a)(
4),
(
a)(
5),
(
a)(
6),
or
(
a)(
7)(
iv)
or
a
manufacturer
or
dealer
who
violates
§
94.1103(
a)(
3)(
i)
or
(
iii)
or
§
94.1103(
a)(
7)
is
subject
to
a
civil
penalty
of
not
more
than
$
32,500
for
each
violation.
(
2)
A
person
other
than
a
manufacturer
or
dealer
who
violates
§
94.1103(
a)(
3)
(
i)
or
(
iii)
or
§
94.1103(
a)(
7)
(
i),
(
ii),
or
(
iii)
or
any
person
who
violates
§
94.1103(
a)(
3)(
ii)
is
subject
to
a
civil
penalty
of
not
more
than
$
2,750
for
each
violation.
*
*
*
*
*
(
c)
*
*
*
(
1)
Administrative
penalty
authority.
Subject
to
42
U.
S.
C.
7524(
c),
in
lieu
of
commencing
a
civil
action
under
paragraph
(
b)
of
this
section,
the
Administrator
may
assess
any
civil
penalty
prescribed
in
paragraph
(
a)
of
this
section,
except
that
the
maximum
amount
of
penalty
sought
against
each
violator
in
a
penalty
assessment
proceeding
shall
not
exceed
$
270,000,
unless
the
Administrator
and
the
Attorney
General
jointly
determine
that
a
matter
involving
a
larger
penalty
amount
is
appropriate
for
administrative
penalty
assessment.
Any
such
determination
by
the
Administrator
and
the
Attorney
General
is
not
subject
to
judicial
review.
Assessment
of
a
civil
penalty
shall
be
by
an
order
made
on
the
record
after
opportunity
for
a
hearing
held
in
accordance
with
the
procedures
found
at
part
22
of
this
chapter.
The
Administrator
may
compromise,
or
remit,
with
or
without
conditions,
any
administrative
penalty
which
may
be
imposed
under
this
section.
*
*
*
*
*
(
d)
The
maximum
penalty
values
listed
in
paragraphs
(
a)
and
(
c)
of
this
section
are
shown
for
calendar
year
2004.
Maximum
penalty
limits
for
later
years
may
be
adjusted
based
on
the
Consumer
Price
Index.
The
specific
regulatory
provisions
for
changing
the
maximum
penalties,
published
in
40
CFR
part
19,
reference
the
applicable
U.
S.
Code
citation
on
which
the
prohibited
action
is
based.

PART
1039
 
CONTROL
OF
EMISSIONS
FROM
NEW
AND
IN­
USE
NONROAD
COMPRESSION­
IGNITION
ENGINES
102.
The
authority
citation
for
part
1039
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

103.
Section
1039.1
is
amended
by
revising
paragraph
(
c)
to
read
as
follows:
§
1039.1
Does
this
part
apply
for
my
engines?
*
*
*
*
*
(
c)
The
definition
of
nonroad
engine
in
40
CFR
1068.30
excludes
certain
engines
used
in
stationary
applications.
These
engines
are
not
required
to
comply
with
this
part,
except
for
the
requirements
in
§
1039.20.
In
addition,
if
these
engines
are
uncertified,
the
prohibitions
in
40
CFR
1068.101
restrict
their
use
as
nonroad
engines.
*
*
*
*
*
104.
Section
1039.5
is
amended
by
revising
paragraphs
(
b)(
1)(
iii)
and
(
b)(
2)
to
read
as
follows:
§
1039.5
Which
engines
are
excluded
from
this
part's
requirements?
*
*
*
*
*
(
b)
Marine
engines.
(
1)
*
*
*
(
iii)
Engines
that
are
exempt
from
the
standards
of
40
CFR
part
94
pursuant
to
the
provisions
of
40
CFR
part
94
(
except
for
the
provisions
of
40
CFR
94.907
or
94.912).
For
example,
an
engine
that
is
exempt
under
40
CFR
94.906
because
it
is
a
manufacturerowned
engine
is
not
subject
to
the
provisions
of
this
part
1039.
*
*
*
*
*
(
2)
Marine
engines
are
subject
to
the
provisions
of
this
part
1039
if
they
are
exempt
from
40
CFR
part
94
based
on
the
engine­
dressing
provisions
of
40
CFR
94.907
or
the
commonfamily
provisions
of
40
CFR
94.912.
*
*
*
*
*

105.
Section
1039.10
is
amended
by
revising
the
introductory
text
to
read
as
follows:
§
1039.10
How
is
this
part
organized?
The
regulations
in
this
part
1039
contain
provisions
that
affect
both
engine
manufacturers
and
others.
However,
the
requirements
of
this
part
are
generally
addressed
to
the
engine
manufacturer.
The
term
"
you"
generally
means
the
engine
manufacturer,
as
defined
in
§
1039.801.
This
part
1039
is
divided
into
the
following
subparts:
*
*
*
*
*

106.
Section
1039.101
is
amended
by
revising
paragraph
(
g)(
2)
to
read
as
follows:
§
1039.101
What
exhaust
emission
standards
must
my
engines
meet
after
the
2014
model
year?
*
*
*
*
*
(
g)
*
*
*
(
2)
You
may
request
in
your
application
for
certification
that
we
approve
a
shorter
useful
life
for
an
engine
family.
We
may
approve
a
shorter
useful
life,
in
hours
of
engine
operation
but
not
in
years,
if
we
determine
that
these
engines
will
rarely
operate
longer
than
the
shorter
useful
life.
If
engines
identical
to
those
in
the
engine
family
have
already
been
produced
and
are
in
use,
your
demonstration
must
include
documentation
from
such
in­
use
engines.
In
other
cases,
your
demonstration
must
include
an
engineering
analysis
of
information
equivalent
to
such
in­
use
data,
such
as
data
from
research
engines
or
similar
engine
models
that
are
already
in
production.
Your
demonstration
must
also
include
any
overhaul
interval
that
you
recommend,
any
mechanical
warranty
that
you
offer
for
the
engine
or
its
components,
and
any
relevant
customer
design
specifications.
Your
demonstration
may
include
any
other
relevant
information.
The
useful
life
value
may
not
be
shorter
than
any
of
the
following:
(
i)
1,000
hours
of
operation.
(
ii)
Your
recommended
overhaul
interval.
(
iii)
Your
mechanical
warranty
for
the
engine.
*
*
*
*
*

107.
Section
1039.104
is
amended
by
revising
paragraph
(
a)(
4)(
iii)
to
read
as
follows:
§
1039.104
Are
there
interim
provisions
that
apply
only
for
a
limited
time?
*
*
*
*
*
(
a)
*
*
*
(
4)*
*
*
(
iii)
All
other
offset­
using
engines
must
meet
the
standards
and
other
provisions
that
apply
in
model
year
2011
for
engines
in
the
19­
130
kW
power
categories,
in
model
year
2010
for
engines
in
the
130­
560
kW
power
category,
or
in
model
year
2014
for
engines
above
560
kW.
Show
that
engines
meet
these
emission
standards
by
meeting
all
the
requirements
of
§
1068.265.
You
must
meet
the
labeling
requirements
in
§
1039.135,
but
add
the
following
statement
instead
of
the
compliance
statement
in
§
1039.135(
c)(
12):
"
THIS
ENGINE
MEETS
U.
S.
EPA
EMISSION
STANDARDS
UNDER
40
CFR
1039.104(
a)."
For
power
categories
with
a
percentage
phase­
in,
these
engines
should
be
treated
as
phase­
in
engines
for
purposes
of
determining
compliance
with
phase­
in
requirements.
*
*
*
*
*

108.
Section
1039.125
is
amended
by
revising
paragraph
(
g)
introductory
text
to
read
as
follows:
§
1039.125
What
maintenance
instructions
must
I
give
to
buyers?
*
*
*
*
*
(
g)
Payment
for
scheduled
maintenance.
Owners
are
responsible
for
properly
maintaining
their
engines.
This
generally
includes
paying
for
scheduled
maintenance.
However,
manufacturers
must
pay
for
scheduled
maintenance
during
the
useful
life
if
it
meets
all
the
following
criteria:
*
*
*
*
*

109.
Section
1039.130
is
amended
by
revising
paragraph
(
b)(
3)
to
read
as
follows:
§
1039.130
What
installation
instructions
must
I
give
to
equipment
manufacturers?
*
*
*
*
*
(
b)*
*
*
(
3)
Describe
the
instructions
needed
to
properly
install
the
exhaust
system
and
any
other
components.
Include
instructions
consistent
with
the
requirements
of
§
1039.205(
u).
*
*
*
*
*

110.
Section
1039.225
is
amended
by
revising
the
section
heading
and
adding
paragraphs
(
a)(
3)
and
(
f)
to
read
as
follows:
§
1039.225
How
do
I
amend
my
application
for
certification
to
include
new
or
modified
engines
or
to
change
an
FEL?
*
*
*
*
*
(
a)
*
*
*
(
3)
Modify
an
FEL
for
an
engine
family,
as
described
in
paragraph
(
f)
of
this
section.
*
*
*
*
*
(
f)
You
may
ask
to
change
your
FEL
in
the
following
cases:
(
1)
You
may
ask
to
raise
your
FEL
after
the
start
of
production.
You
may
not
apply
the
higher
FEL
to
engines
you
have
already
introduced
into
commerce.
Use
the
appropriate
FELs
with
corresponding
sales
volumes
to
calculate
your
average
emission
level,
as
described
in
subpart
H
of
this
part.
In
your
request,
you
must
demonstrate
that
you
will
still
be
able
to
comply
with
the
applicable
average
emission
standards
as
specified
in
subparts
B
and
H
of
this
part.
(
2)
You
may
ask
to
lower
the
FEL
for
your
engine
family
after
the
start
of
production
only
when
you
have
test
data
from
production
engines
indicating
that
your
engines
comply
with
the
lower
FEL.
You
may
create
a
separate
subfamily
with
the
lower
FEL.
Otherwise,
you
must
use
the
higher
FEL
for
the
family
to
calculate
your
average
emission
level
under
subpart
H
of
this
part.
(
3)
If
you
change
the
FEL
during
production,
you
must
include
the
new
FEL
on
the
emission
control
information
label
for
all
vehiclesenginesengines
produced
after
the
change.

111.
Section
1039.240
is
amended
by
revising
paragraphs
(
a)
and
(
b)
to
read
as
follows:
§
1039.240
How
do
I
demonstrate
that
my
engine
family
complies
with
exhaust
emission
standards?
(
a)
For
purposes
of
certification,
your
engine
family
is
considered
in
compliance
with
the
applicable
numerical
emission
standards
in
§
1039.101(
a)
and
(
b),
§
1039.102(
a)
and
(
b),
§
1039.104,
orandand
§
1039.105
if
all
emission­
data
engines
representing
that
family
have
test
results
showing
deteriorated
emission
levels
at
or
below
these
standards.
(
Note:
if
you
participate
in
the
ABT
program
in
subpart
H
of
this
part,
your
FELs
are
considered
to
be
the
applicable
emission
standards
with
which
you
must
comply.)
(
b)
Your
engine
family
is
deemed
not
to
comply
if
any
emission­
data
engine
representing
that
family
has
test
results
showing
a
deteriorated
emission
level
above
an
applicable
FEL
or
emission
standard
from
§
1039.101,
§
1039.102,
§
1039.104,
or
§
1039.105
for
any
pollutant.
*
*
*
*
*

112.
Section
1039.260
is
removed.

113.
Section
1039.501
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
1039.501
How
do
I
run
a
valid
emission
test?
(
a)
Use
the
equipment
and
procedures
for
compression­
ignition
engines
in
40
CFR
part
1065
to
determine
whether
engines
meet
the
duty­
cycle
emission
standards
in
§
1039.101(
a)
and
(
b).
Measure
the
emissions
of
all
the
pollutants
we
regulate
in
§
1039.101
as
specified
in
40
CFR
part
1065.
Use
the
applicable
duty
cycles
specified
in
§
§
1039.505
and
1039.510.
*
*
*
*
*
114.
Section
1039.510
is
amended
by
removing
paragraphs
(
c)
and
(
d).

115.
Section
1039.605
is
amended
by
revising
the
section
heading
and
adding
paragraph
(
g)
to
read
as
follows:
§
1039.605
What
provisions
apply
to
engines
certified
under
the
motor­
vehicle
program?
*
*
*
*
*
(
g)
Participation
in
averaging,
banking
and
trading.
Engines
adapted
for
nonroad
use
under
this
section
may
not
generate
or
use
emission
credits
under
this
part
1039.
These
engines
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
86.
These
engines
must
use
emission
credits
under
40
CFR
part
86
if
they
are
certified
to
an
FEL
that
exceeds
an
applicable
standard
under
40
CFR
part
86.

116.
Section
1039.610
is
amended
by
revising
the
section
heading
and
adding
paragraph
(
g)
to
read
as
follows:
§
1039.610
What
provisions
apply
to
vehicles
certified
under
the
motor­
vehicle
program?
*
*
*
*
*
(
g)
Participation
in
averaging,
banking
and
trading.
Vehicles
adapted
for
nonroad
use
under
this
section
may
not
generate
or
use
emission
credits
under
this
part
1039.
These
vehicles
may
generate
credits
under
the
ABT
provisions
in
40
CFR
part
86.
These
vehicles
must
be
included
in
the
calculation
of
the
applicable
fleet
average
in
40
CFR
part
86.

117.
Section
1039.625
is
amended
by
revising
the
last
entry
in
Table
1
and
paragraph
(
j)
to
read
as
follows:
§
1039.625
What
requirements
apply
under
the
program
for
equipment­
manufacturer
flexibility?
*
*
*
*
*
(
a)
*
*
*
(
1)
*
*
*

Table
1
of
§
1039.625
 
General
availability
of
allowances
Power
Category
Calendar
Years
*
*
*
*
*
*
*

kW
>
560
2011
­
2017
*
*
*
*
*
(
j)
Provisions
for
engine
manufacturers.
As
an
engine
manufacturer,
you
may
produce
exempted
engines
as
needed
under
this
section.
You
do
not
have
to
request
this
exemption
for
your
engines,
but
you
must
have
written
assurance
from
equipment
manufacturers
that
they
need
a
certain
number
of
exempted
engines
under
this
section.
Send
us
an
annual
report
of
the
engines
you
produce
under
this
section,
as
described
in
§
1039.250(
a).
For
engines
produced
under
the
provisions
of
paragraph
(
a)(
2)
of
this
section,
you
must
certify
the
engines
under
this
part
1039.
For
all
other
exempt
engines,
the
engines
must
meet
the
emission
standards
in
paragraph
(
e)
of
this
section
and
you
must
meet
all
the
requirements
of
§
1068.265.
If
you
show
under
§
1068.265(
c)
that
the
engines
are
identical
in
all
material
respects
to
engines
that
you
have
previously
certified
to
one
or
more
FELs
above
the
standards
specified
in
paragraph
(
e)
of
this
section,
you
must
supply
sufficient
credits
for
these
engines.
Calculate
these
credits
under
subpart
H
of
this
part
using
the
previously
certified
FELs
and
the
alternate
standards.
You
must
meet
the
labeling
requirements
in
40
CFR
89.110,
but
add
the
following
statement
instead
of
the
compliance
statement
in
40
CFR
89.110(
b)(
10):
THIS
ENGINE
MEETS
U.
S.
EPA
EMISSION
STANDARDS
UNDER
40
CFR
1039.625.
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
FOR
THE
EQUIPMENT
FLEXIBILITY
PROVISIONS
OF
40
CFR
1039.625
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
*
*
*
*
*

118.
Section
1039.655
is
amended
by
revising
paragraph
(
a)(
3)
to
read
as
follows:
§
1039.655
What
special
provisions
apply
to
engines
sold
in
Guam,
American
Samoa,
or
the
Commonwealth
of
the
Northern
Mariana
Islands?
(
a)
*
*
*
(
3)
You
meet
all
the
requirements
of
§
1068.265.
*
*
*
*
*

119.
Section
1039.740
amended
by
adding
paragraph
(
b)(
4)
to
read
as
follows:
§
1039.740
What
restrictions
apply
for
using
emission
credits?
*
*
*
*
*
(
b)*
*
*
(
4)
If
the
maximum
power
of
an
engine
generating
credits
under
the
Tier
2
standards
in
40
CFR
part
89
is
at
or
above
37
kW
and
below
75
kW,
you
may
use
those
credits
for
certifying
engines
under
the
Option
#
1
standards
in
§
1039.102.
*
*
*
*
*

120.
Section
1039.801
is
amended
by
revising
the
definitions
for
Aftertreatment,
Brake
power,
Constant­
speed
operation,
Exempted,
Good
engineering
judgment,
Marine
engine,
Marine
vessel,
Maximum
test
speed,
Motor
vehicle,
Revoke,
Suspend,
United
States,
and
Void
and
adding
a
definition
for
Amphibious
vehicle
to
read
as
follows:
§
1039.801
What
definitions
apply
to
this
part?
*
*
*
*
*
Aftertreatment
means
relating
to
a
catalytic
converter,
particulate
filter,
or
any
other
system,
component,
or
technology
mounted
downstream
of
the
exhaust
valve
(
or
exhaust
port)
whose
design
function
is
to
decrease
emissions
in
the
engine
exhaust
before
it
is
exhausted
to
the
environment.
Exhaust­
gas
recirculation
(
EGR)
and
turbochargers
are
not
aftertreatment.
*
*
*
*
*
Amphibious
vehicle
means
a
vehicle
with
wheels
or
tracks
that
is
designed
primarily
for
operation
on
land
and
secondarily
for
operation
in
water.
*
*
*
*
*
Brake
power
means
the
usable
power
output
of
the
engine,
not
including
power
required
to
fuel,
lubricate,
or
heat
the
engine,
circulate
coolant
to
the
engine,
or
to
operate
aftertreatment
devices.
*
*
*
*
*
Constant­
speed
operation
means
engine
operation
with
a
governor
that
controls
the
operator
input
to
maintain
an
engine
at
a
reference
speed,
even
under
changing
load.
For
example,
an
isochronous
governor
changes
reference
speed
temporarily
during
a
load
change,
then
returns
the
engine
to
its
original
reference
speed
after
the
engine
stabilizes.
Isochronous
governors
typically
allow
speed
changes
up
to
1.0
%.
Another
example
is
a
speed­
droop
governor,
which
has
a
fixed
reference
speed
at
zero
load
and
allows
the
reference
speed
to
decrease
as
load
increases.
With
speed­
droop
governors,
speed
typically
decreases
(
3
to
10)
%
below
the
reference
speed
at
zero
load,
such
that
the
minimum
reference
speed
occurs
near
the
engine's
point
of
maximum
power.
*
*
*
*
*
Exempted
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*
Good
engineering
judgment
has
the
meaning
we
give
in
40
CFR
1068.30.
See
40
CFR
1068.5
for
the
administrative
process
we
use
to
evaluate
good
engineering
judgment.
*
*
*
*
*
Marine
engine
means
a
nonroad
engine
that
is
installed
or
intended
to
be
installed
on
a
marine
vessel.
This
includes
a
portable
auxiliary
marine
engine
only
if
its
fueling,
cooling,
or
exhaust
system
is
an
integral
part
of
the
vessel.
There
are
two
kinds
of
marine
engines:
(
1)
Propulsion
marine
engine
means
a
marine
engine
that
moves
a
vessel
through
the
water
or
directs
the
vessel's
movement.
(
2)
Auxiliary
marine
engine
means
a
marine
engine
not
used
for
propulsion.
Marine
vessel
has
the
meaning
given
in
1
U.
S.
C.
3,
except
that
it
does
not
include
amphibious
vehicles.
The
definition
in
1
U.
S.
C.
3
very
broadly
includes
every
craft
capable
of
being
used
as
a
means
of
transportation
on
water.
*
*
*
*
*
Motor
vehicleMaximum
test
speed
has
the
meaning
we
give
in
40
CFR
85.1703(
a).
In
general,
motor
vehicle
means
any
vehicle
that
EPA
deems
to
be
capable
of
safe
and
practical
use
on
streets
or
highways
that
has
a
maximum
ground
speed
above
40
kilometers
per
hour
(
25
miles
per
hour)
over
level,
paved
surfaces.
*
*
*
*
*
Revoke1065.1001.
*
*
*
*
*
Motor
vehicle
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*
SuspendMaximum
test
speed
has
the
meaning
we
give
in
40
CFR
10685.301001.
*
*
*
*
*
United
StatesMotor
vehicle
has
the
meaning
we
give
in
40
CFR
106885.1703(
a).
30.
*
*
*
*
*
VRevoidke85.1703(
a).
*
*
*
*
*
Revoke
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*
Suspend
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*
United
States
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*
Void
has
the
meaning
we
give
in
40
CFR
1068.30.
*
*
*
*
*

121.
Appendix
VI
to
part
1039
is
amended
in
the
table
by
adding
a
footnote
to
read
as
follows:
Appendix
VI
to
Part
1039
 
Nonroad
Compression­
ignition
Composite
Transient
Cycle
Time(
s)
Normalized
speed
(
percent)
Normalized
torque
(
percent)
1
*
*
*
*
*
*
*

1
The
percent
torque
is
relative
to
maximum
torque
at
the
commanded
engine
speed..

PART
1068
 
GENERAL
COMPLIANCE
PROVISIONS
FOR
NONROAD
PROGRAMS
122.
The
authority
citation
for
part
1068
is
revised
to
read
as
follows:
Authority:
42
U.
S.
C.
7401
­
7671q.

123.
Section
1068.10
is
revised
to
read
as
follows:
§
1068.10
What
provisions
apply
to
confidential
information?
(
a)
Clearly
show
what
you
consider
confidential
by
marking,
circling,
bracketing,
stamping,
or
some
other
method.
(
b)
We
will
store
your
confidential
information
as
described
in
40
CFR
part
2.
Also,
we
will
disclose
it
only
as
specified
in
40
CFR
part
2.
This
applies
both
to
any
information
you
send
us
and
to
any
information
we
collect
from
inspections,
audits,
or
other
site
visits.
(
c)
If
you
send
us
a
second
copy
without
the
confidential
information,
we
will
assume
it
contains
nothing
confidential
whenever
we
need
to
release
information
from
it.
(
d)
If
you
send
us
information
without
claiming
it
is
confidential,
we
may
make
it
available
to
the
public
without
further
notice
to
you,
as
described
in
40
CFR
2.204.

124.
Section
1068.30
is
amended
by
revising
the
definition
for
"
United
States"
and
adding
definitions
for
"
Days",
"
Defeat
device",
"
Equipment",
"
Exempted",
"
Good
engineering
judgment",
"
Motor
vehicle",
"
Revoke",
"
Suspend",
and
"
Void"
in
alphabetical
order
to
read
as
follows:
§
1068.30
What
definitions
apply
to
this
part?
*
*
*
*
*
Days
means
calendar
days,
including
weekends
and
holidays.
Defeat
device
means
has
the
meaning
we
given
in
the
standard­
setting
part.
*
*
*
*
*
Exempted
means
relating
toEquipment
means
any
vehicle,
vessel,
or
other
type
of
equipment
that
is
subject
to
the
requirements
of
this
part,
or
that
uses
an
engine
that
is
subject
to
the
requirements
of
this
part.
*
*
*
*
*
Exempted
means
relating
to
an
engine
that
is
not
required
to
meet
otherwise
applicable
standards.
Exempted
engines
must
conform
to
regulatory
conditions
specified
for
an
exemption
in
this
part
1068
or
in
the
standard­
setting
part.
Exempted
engines
are
deemed
to
be
"
subject
to"
the
standards
of
the
standard­
setting
part,
even
though
they
are
not
required
to
comply
with
the
otherwise
applicable
requirements.
Engines
exempted
with
respect
to
a
certain
tier
of
standards
may
be
required
to
comply
with
an
earlier
tier
of
standards
as
a
condition
of
the
exemption;
for
example,
engines
exempted
with
respect
to
Tier
233
standards
may
be
required
to
comply
with
Tier
1
or
Tier
2
standards.
Good
engineering
judgment
means
judgments
made
consistent
with
generally
accepted
scientific
and
engineering
principles
and
all
available
relevant
information.
See
40
CFR
1068.5
for
the
administrative
process
we
use
to
evaluate
good
engineering
judgment.
*
*
*
*
*
Motor
vehicle
has
the
meaning
we
given
in
40
CFR
85.1703(
a).
In
general,
motor
vehicle
means
any
vehicle
that
EPA
deems
to
be
capable
of
safe
and
practical
use
on
streets
or
highways
that
has
a
maximum
ground
speed
above
40
kilometers
per
hour
(
25
miles
per
hour)
over
level,
paved
surfaces.
*
*
*
*
*
Revoke
means
to
terminate
the
certificate
or
an
exemption
for
an
engine
family.
If
we
revoke
a
certificate
or
exemption,
you
must
apply
for
a
new
certificate
or
exemption
before
continuing
to
introduce
the
affected
engines
into
commerce.
This
does
not
apply
to
engines
you
no
longer
possess.
*
*
*
*
*
Suspend
means
to
temporarily
discontinue
the
certificate
or
an
exemption
for
an
engine
family.
If
we
suspend
a
certificate,
you
may
not
introduce
into
commerce
engines
from
that
engine
family
unless
we
reinstate
the
certificate
or
approve
a
new
one.
If
we
suspend
an
exemption,
you
may
not
introduce
into
commerce
engines
that
were
previously
covered
by
the
exemption
unless
we
reinstate
the
exemption.
*
*
*
*
*
United
States
means
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Commonwealth
of
the
Northern
Mariana
Islands,
Guam,
American
Samoa,
and
the
U.
S.
Virgin
Islands.
Void
means
to
invalidate
a
certificate
or
an
exemption
ab
initio.
If
we
void
a
certificate,
all
the
engines
introduced
into
commerce
under
that
engine
family
for
that
model
year
are
considered
noncompliant,
and
you
are
liable
for
each
engine
introduced
into
commerce
under
the
certificate
and
may
face
civil
or
criminal
penalties
or
both.
This
applies
equally
to
all
engines
in
the
engine
family,
including
engines
introduced
into
commerce
before
we
voided
the
certificate.
If
we
void
an
exemption,
all
the
engines
introduced
into
commerce
under
that
exemption
are
considered
uncertified
(
or
nonconforming),
and
you
are
liable
for
each
engine
introduced
into
commerce
under
the
exemption
and
may
face
civil
or
criminal
penalties
or
both.
You
may
not
introduce
into
commerce
any
additional
engines
using
the
voided
exemption.
*
*
*
*
*

125.
Section
1068.101
is
amended
by
revising
the
introductory
text
and
paragraphs
(
a)
and
(
b)
to
read
as
follows:
§
1068.101
What
general
actions
does
this
regulation
prohibit?
This
section
specifies
actions
that
are
prohibited
and
the
maximum
civil
penalties
that
we
can
assess
for
each
violation.
The
maximum
penalty
values
listed
in
paragraphs
(
a)
and
(
b)
of
this
section
are
shown
for
calendar
year
2004.
As
described
in
paragraph
(
e)
of
this
section,
maximum
penalty
limits
for
later
years
are
set
forth
in
40
CFR
part
19.
(
a)
The
following
prohibitions
and
requirements
apply
to
manufacturers
of
new
engines
and
manufacturers
of
equipment
containing
these
engines,
except
as
described
in
subparts
C
and
D
of
this
part:
(
1)
Introduction
into
commerce.
You
may
not
sell,
offer
for
sale,
or
introduce
or
deliver
into
commerce
in
the
United
States
or
import
into
the
United
States
any
new
engine
or
equipment
after
emission
standards
take
effect
for
that
engine
or
equipment,
unless
it
has
a
valid
certificate
of
conformity
for
its
model
year
and
the
required
label
or
tag.
You
also
may
not
take
any
of
the
actions
listed
in
the
previous
sentence
with
respect
to
any
equipment
containing
an
engine
subject
to
this
part's
provisions,
unless
the
engine
has
a
valid
and
appropriate
certificate
of
conformity
and
the
required
engine
label
or
tag.
For
purposes
of
this
paragraph
(
a)(
1),
an
appropriate
certificate
of
conformity
is
one
that
applies
for
the
same
model
year
as
the
model
year
of
the
equipment
(
except
as
allowed
by
§
1068.105(
a)),
covers
the
appropriate
category
of
engines
(
such
as
locomotive
or
CI
marine),
and
conforms
to
all
requirements
specified
for
equipment
in
the
standard­
setting
part.
The
requirements
of
this
paragraph
(
a)(
1)
also
cover
new
engines
you
produce
to
replace
an
older
engine
in
a
piece
of
equipment,
unless
the
engine
qualifies
for
the
replacement­
engine
exemption
in
§
1068.240.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
engine
in
violation.
(
2)
Reporting
and
recordkeeping.
This
chapter
requires
you
to
record
certain
types
of
information
to
show
that
you
meet
our
standards.
You
must
comply
with
these
requirements
to
make
and
maintain
required
records
(
including
those
described
in
§
1068.501).
You
may
not
deny
us
access
to
your
records
or
the
ability
to
copy
your
records
if
we
have
the
authority
to
see
or
copy
them.
Also,
you
must
give
us
the
required
reports
or
information
without
delay.
Failure
to
comply
with
the
requirements
of
this
paragraph
is
prohibited.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
day
you
are
in
violation.
(
3)
Testing
and
access
to
facilities.
You
may
not
keep
us
from
entering
your
facility
to
test
engines
or
inspect
if
we
are
authorized
to
do
so.
Also,
you
must
perform
the
tests
we
require
(
or
have
the
tests
done
for
you).
Failure
to
perform
this
testing
is
prohibited.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
day
you
are
in
violation.
(
b)
The
following
prohibitions
apply
to
everyone
with
respect
to
the
engines
to
which
this
part
applies:
(
1)
Tampering.
You
may
not
remove
or
disable
a
device
or
element
of
design
that
may
affect
an
engine's
emission
levels.
This
restriction
applies
before
and
after
the
engine
is
placed
in
service.
Section
1068.120
describes
how
this
applies
to
rebuilding
engines.
For
a
manufacturer
or
dealer,
we
may
assess
a
civil
penalty
up
to
$
32,500
for
each
engine
in
violation.
For
anyone
else,
we
may
assess
a
civil
penalty
up
to
$
2,750
for
each
engine
in
violation.
This
prohibition
does
not
apply
in
any
of
the
following
situations:
(
i)
You
need
to
repair
an
engine
and
you
restore
it
to
proper
functioning
when
the
repair
is
complete.
(
ii)
You
need
to
modify
an
engine
to
respond
to
a
temporary
emergency
and
you
restore
it
to
proper
functioning
as
soon
as
possible.
(
iii)
You
modify
a
new
engine
that
another
manufacturer
has
already
certified
to
meet
emission
standards
and
recertify
it
under
your
own
engine
family.
In
this
case
you
must
tell
the
original
manufacturer
not
to
include
the
modified
engines
in
the
original
engine
family.
(
2)
Defeat
devices.
You
may
not
knowingly
manufacture,
sell,
offer
to
sell,
or
install,
an
engine
part
that
bypasses,
impairs,
defeats,
or
disables
the
engine's
control
the
emissions
of
any
pollutant.
We
may
assess
a
civil
penalty
up
to
$
2,750
for
each
part
in
violation.
(
3)
Stationary
engines.
For
an
engine
that
is
excluded
from
any
requirements
of
this
chapter
because
it
is
a
stationary
engine,
you
may
not
move
it
or
install
it
in
any
mobile
equipment,
except
as
allowed
by
the
provisions
of
this
chapter.
You
may
not
circumvent
or
attempt
to
circumvent
the
residence­
time
requirements
of
paragraph
(
2)(
iii)
of
the
nonroad
engine
definition
in
§
1068.30.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
day
you
are
in
violation.
(
4)
Competition
engines.
For
an
uncertified
engine
or
piece
of
equipment
that
is
excluded
or
exempted
from
any
requirements
of
this
chapter
because
it
is
to
be
used
solely
for
competition,
you
may
not
use
it
in
a
manner
that
is
inconsistent
with
use
solely
for
competition.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
day
you
are
in
violation.
(
5)
Importation.
You
may
not
import
an
uncertified
engine
or
piece
of
equipment
if
it
is
defined
to
be
new
in
the
standard­
setting
part
and
it
is
built
after
emission
standards
start
to
apply
in
the
United
States.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
day
you
are
in
violation.
Note
the
following:
(
i)
The
definition
of
new
is
broad
for
imported
engines;
uncertified
engines
and
equipment
(
including
used
engines
and
equipment)
are
generally
considered
to
be
new
when
imported.
(
ii)
Engines
that
were
originally
manufactured
before
applicable
EPA
standards
were
in
effect
are
generally
not
subject
to
emission
standards.
(
6)
Warranty.
You
must
meet
your
obligation
to
honor
your
emission­
related
warranty
under
§
1068.115
and
to
fulfill
any
applicable
responsibilities
to
recall
engines
under
§
1068.505.
Failure
to
meet
these
obligations
is
prohibited.
We
may
assess
a
civil
penalty
up
to
$
32,500
for
each
engine
in
violation.
*
*
*
*
*

126.
Section
1068.105
is
amended
by
revising
paragraph
(
a)
and
renumbering
the
second
paragraph
(
c)(
1)(
iii)
as
(
c)(
1)(
iv)
to
read
as
follows:
§
1068.105
What
other
provisions
apply
to
me
specifically
if
I
manufacture
equipment
needing
certified
engines?
*
*
*
*
*
(
a)
Transitioning
to
new
engine­
based
standards.
If
new
emission
standards
apply
in
a
given
model
year,
your
equipment
in
that
model
year
must
have
engines
that
are
certified
to
the
new
standards,
except
that
you
may
use
up
your
normal
inventory
of
earlier
engines
that
were
built
before
the
date
of
the
new
or
changed
standards.
For
example,
if
your
normal
inventory
practice
is
to
keep
on
hand
a
one­
month
supply
of
engines
based
on
your
upcoming
production
schedules,
and
a
new
tier
of
standard
starts
to
apply
for
the
2015
model
year,
you
may
order
engines
based
on
your
normal
inventory
requirements
late
in
the
engine
manufacturer's
2014
model
year
and
install
those
engines
in
your
equipment,
regardless
of
the
date
of
installation.
Also,
if
your
model
year
starts
before
the
end
of
the
calendar
year
preceding
new
standards,
you
may
use
engines
from
the
previous
model
year
for
those
units
you
produce
before
January
1
of
the
year
that
new
standards
apply.
If
emission
standards
do
not
change
in
a
given
model
year,
you
may
continue
to
install
engines
from
the
previous
model
year
without
restriction.
You
may
not
circumvent
the
provisions
of
§
1068.101(
a)(
1)
by
stockpiling
engines
that
were
built
before
new
or
changed
standards
take
effect.
Note
that
this
allowance
does
not
apply
for
equipment
subject
to
equipment­
based
standards.
*
*
*
*
*

127.
Section
1068.110
is
amended
by
revising
paragraph
(
e)
to
read
as
follows:
§
1068.110
What
other
provisions
apply
to
engines
in
service?
*
*
*
*
*
(
e)
Warranty
and
maintenance.
Owners
are
responsible
for
properly
maintaining
their
engines;
however,
owners
may
make
warranty
claims
against
the
manufacturer
for
all
expenses
related
to
diagnosing
and
repairing
or
replacing
emission­
related
parts,
as
described
in
§
1068.115.
The
warranty
period
begins
when
the
engine
is
first
placed
into
service.
See
the
standard­
setting
part
for
specific
requirements.
It
is
a
violation
of
the
Act
for
anyone
to
disable
emission
controls;
see
§
1068.101(
b)(
1)
and
the
standard­
setting
part.

128.
Section
1068.115
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
1068.115
When
must
manufacturers
honor
emission­
related
warranty
claims?
*
*
*
*
*
(
a)
As
a
certifying
manufacturer,
you
may
deny
warranty
claims
only
for
failures
that
have
been
caused
by
the
owner's
or
operator's
improper
maintenance
or
use,
by
accidents
for
which
you
have
no
responsibility,
or
by
acts
of
God.
For
example,
you
would
not
need
to
honor
warranty
claims
for
failures
that
have
been
directly
caused
by
the
operator's
abuse
of
an
engine
or
the
operator's
use
of
the
engine
in
a
manner
for
which
it
was
not
designed,
and
are
not
attributable
to
you
in
any
way.
*
*
*
*
*

129.
Section
1068.125
is
amended
by
revising
paragraph
(
b)
introductory
text
to
read
as
follows:
§
1068.125
What
happens
if
I
violate
the
regulations?
*
*
*
*
*
(
b)
Administrative
penalties.
Instead
of
bringing
a
civil
action,
we
may
assess
administrative
penalties
if
the
total
is
less
than
$
270,000
against
you
individually.
This
maximum
penalty
may
be
greater
if
the
Administrator
and
the
Attorney
General
jointly
determine
that
is
appropriate
for
administrative
penalty
assessment,
or
if
the
limit
is
adjusted
under
40
CFR
part
19.
No
court
may
review
such
a
determination.
Before
we
assess
an
administrative
penalty,
you
may
ask
for
a
hearing
(
subject
to
40
CFR
part
22).
The
Administrator
may
compromise
or
remit,
with
or
without
conditions,
any
administrative
penalty
that
may
be
imposed
under
this
section.
*
*
*
*
*

130.
Section
1068.201
is
amended
by
revising
paragraphparagraphsparagraphs
(
c)
and
(
i)
to
read
as
follows:
§
1068.201
Does
EPA
exempt
or
exclude
any
engines
from
the
prohibited
acts?
*
*
*
*
*
(
c)
If
you
use
an
exemption
under
this
subpart,
we
may
require
you
to
add
a
permanent
label
to
your
exempted
engines.
You
may
ask
us
to
modify
or
waive
labeling
requirements
if
it
is
appropriate
for
your
engine.
*
*
*
*
*
(
i)
If
you
want
to
take
an
action
with
respect
to
an
exempted
or
excluded
engine
that
is
prohibited
by
the
exemption
or
exclusion,
such
as
selling
it,
you
need
to
certify
the
engine.
We
will
issue
a
certificate
of
conformity
if
you
send
us
an
application
for
certification
showing
that
you
meet
all
the
applicable
requirements
from
the
standard­
setting
part
and
pay
the
appropriate
fee.
Also,
in
some
cases,
we
may
allow
manufacturers
to
modify
the
engine
as
needed
to
make
it
identical
to
engines
already
covered
by
a
certificate.
We
would
base
such
an
approval
on
our
review
of
any
appropriate
documentation.
These
engines
must
have
emission
control
information
labels
that
accurately
describe
their
status.

131.
Section
1068.240
is
amended
by
revising
paragraph
(
d)
to
read
as
follows:
§
1068.240
What
are
the
provisions
for
exempting
new
replacement
engines?
*
*
*
*
*
(
d)
If
the
engine
being
replaced
was
certified
to
emission
standards
less
stringent
than
those
in
effect
when
you
produce
the
replacement
engine,
add
a
permanent
label
with
your
corporate
name
and
trademark
and
the
following
language:
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
NONROAD
EMISSION
REQUIREMENTS
FOR
[
APPLICABLE
MODEL
YEARInsertInsert
appropriate
year
reflecting
when
the
applicable
tier
of
emission
standards
for
the
replaced
engine
began
to
apply]
ENGINES
UNDER
40
CFR
1068.240.
SELLING
OR
INSTALLING
THIS
ENGINE
FOR
ANY
PURPOSE
OTHER
THAN
TO
REPLACE
A
NONROAD
ENGINE
BUILT
BEFORE
JANUARY
1,
[
Insert
appropriate
year
reflecting
when
the
next
tier
of
emission
standards
began
to
apply]
MAY
BE
A
VIOLATION
OF
FEDERAL
LAW
SUBJECT
TO
CIVIL
PENALTY.
*
*
*
*
*
132.
Section
1068.245
is
amended
by
revising
paragraphs
(
a)(
4)
and
(
f)(
4)
to
read
as
follows:
§
1068.245
What
temporary
provisions
address
hardship
due
to
unusual
circumstances?
(
a)
*
*
*
(
4)
No
other
allowances
are
available
under
the
regulations
in
this
chapter
to
avoid
the
impending
violation,
including
the
provisions
of
§
1068.250.
*
*
*
*
*
(
f)
*
*
*
(
4)
One
of
the
following
statements:
(
i)
If
the
engine
does
not
meet
any
emission
standards:
"
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.245
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.".
(
ii)
If
the
engine
meets
alternate
emission
standards
as
a
condition
of
an
exemption
under
this
section:
"
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
NONROAD
EMISSION
REQUIREMENTS
UNDER
40
CFR
1068.245.",
we
may
specify
a
different
statement
to
identify
the
alternate
emission
standards.

133.
Section
1068.250
is
amended
by
revising
paragraph
(
k)(
4)
to
read
as
follows:
§
1068.250
What
are
the
provisions
for
extending
compliance
deadlines
for
small­
volume
manufacturers
under
hardship?
*
*
*
*
*
(
k)*
*
*
(
4)
One
of
the
following
statements:
(
i)
If
the
engine
does
not
meet
any
emission
standards:
"
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.250
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.".
(
ii)
If
the
engine
meets
alternate
emission
standards
as
a
condition
of
an
exemption
under
this
section:
"
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
NONROAD
EMISSION
REQUIREMENTS
UNDER
40
CFR
1068.250.",
we
may
specify
a
different
statement
to
identify
the
alternate
emission
standards.

134.
Section
1068.255
is
amended
by
revising
paragraphs
(
a)
introductory
text
and
(
b)(
4)
to
read
as
follows:
§
1068.255
What
are
the
provisions
for
exempting
engines
for
hardship
for
equipment
manufacturers
and
secondary
engine
manufacturers?
*
*
*
*
*
(
a)
Equipment
exemption.
As
an
equipment
manufacturer,
you
may
ask
for
approval
to
produce
exempted
equipment
for
up
to
12
months.
We
will
generally
limit
this
to
the
first
year
that
new
or
revised
emission
standards
apply.
Send
the
Designated
Officer
a
written
request
for
an
exemption
before
you
are
in
violation.
In
your
request,
you
must
show
you
are
not
at
fault
for
the
impending
violation
and
that
you
would
face
serious
economic
hardship
if
we
do
not
grant
the
exemption.
This
exemption
is
not
available
under
this
paragraph
(
a)
if
you
manufacture
the
engine
you
need
for
your
own
equipment
or
if
complying
engines
are
available
from
other
engine
manufacturers
that
could
be
used
in
your
equipment,
unless
we
allow
it
elsewhere
in
this
chapter.
We
may
impose
other
conditions,
including
provisions
to
use
an
engine
meeting
less
stringent
emission
standards
or
to
recover
the
lost
environmental
benefit.
In
determining
whether
to
grant
the
exemptions,
we
will
consider
all
relevant
factors,
including
the
following:
*
*
*
*
*
(
b)*
*
*
(
4)
One
of
the
following
statements:
(
i)
If
the
engine
does
not
meet
any
emission
standards:
"
THIS
ENGINE
IS
EXEMPT
UNDER
40
CFR
1068.255
FROM
EMISSION
STANDARDS
AND
RELATED
REQUIREMENTS.".
(
ii)
If
the
engine
meets
alternate
emission
standards
as
a
condition
of
an
exemption
under
this
section:
"
THIS
ENGINE
COMPLIES
WITH
U.
S.
EPA
NONROAD
EMISSION
REQUIREMENTS
UNDER
40
CFR
1068.255.",
we
may
specify
a
different
statement
to
identify
the
alternate
emission
standards.
*
*
*
*
*

135.
Section
1068.260
is
amended
by
revising
paragraphs
(
a)(
4),
(
a)(
5),
(
a)(
6)(
i),
and
(
f)
and
adding
paragraphparagraphs
(
a)(
6)(
iv),
(
g),
and
(
h)
to
read
as
follows:
§
1068.260
What
are
the
provisions
for
temporarily
exempting
engines
for
delegated
final
assembly?
(
a)
*
*
*
(
4)
Include
the
cost
of
all
aftertreatment
components
(
including
shipping
costs)
in
the
cost
of
the
engine.
*
*
*
*
*(
5)
Ship
the
aftertreatment
components
directly
to
the
equipment
manufacturer,
or
arrange
for
separate
shipment
by
the
component
manufacturer
to
the
equipment
manufacturer.
(
6)*
*
*
(
i)
Obtain
annual
affidavits
from
every
equipment
manufacturer
to
whom
you
sell
engines
under
this
section.
Include
engines
that
you
sell
through
distributors
or
dealers.
The
affidavits
must
list
the
part
numbers
of
the
aftertreatment
devices
that
equipment
manufacturers
install
on
each
engine
they
purchase
from
you
under
this
section.
*
*
*
*
*
(
iv)
If
you
produce
engines
and
use
them
to
produce
equipment
under
the
provisions
of
this
section,
you
must
take
steps
ensure
that
your
facilities,
procedures,
and
production
records
are
set
up
to
ensure
compliance
with
the
provisions
of
this
section,
but
you
may
meet
your
auditing
responsibilities
under
this
paragraph
(
a)(
6)
by
maintaining
a
database
showing
how
you
pair
aftertreatment
components
with
the
appropriate
engines.
*
*
*
*
*
(
f)
You
are
liable
for
the
in­
use
compliance
of
any
engine
that
is
exempt
under
this
section.
(
g)
It
is
a
violation
of
the
Act
for
any
person
to
complete
assembly
of
the
exempted
engine
without
complying
fully
with
the
installation
instructions.
(
h)
You
may
ask
us
to
provide
a
temporary
exemption
to
allow
you
to
complete
production
of
your
engines
at
different
facilities,
as
long
as
you
maintain
control
of
the
engines
until
they
are
in
their
certified
configuration.
We
may
require
you
to
take
specific
steps
to
ensure
that
such
engines
are
in
their
certified
configuration
before
reaching
the
ultimate
purchaser.
You
may
request
an
exemption
under
this
paragraph
(
h)
in
your
application
for
certification,
or
in
a
separate
submission
to
the
Designated
Compliance
Officer.

136.
A
new
§
1068.265
is
added
to
subpart
C
to
read
as
follows:
§
1068.265
What
provisions
apply
to
engines
that
are
conditionally
exempted
from
certification?
Engines
produced
under
an
exemption
for
replacement
engines
(
§
1068.240)
or
for
hardship
(
§
1068.245,
§
1068.250,
or
§
1068.255)
may
need
to
meet
alternate
emission
standards
as
a
condition
of
the
exemption.
The
standard­
setting
part
may
similarly
exempt
engines
from
all
certification
requirements,
or
allow
us
to
exempt
engines
from
all
certification
requirements
for
certain
cases,
but
require
the
engines
to
meet
alternate
standards.
In
these
cases,
all
the
following
provisions
apply:
(
a)
Your
engines
must
meet
the
alternate
standards
we
specify
in
(
or
pursuant
to)
the
exemption
section,
and
all
other
requirements
applicable
to
engines
that
are
subject
to
such
standards.
(
b)
You
need
not
apply
for
and
receive
a
certificate
for
the
exempt
engines.
However,
you
must
comply
with
all
the
requirements
and
obligations
that
would
apply
to
the
engines
if
you
had
received
a
certificate
of
conformity
for
them,
unless
we
specifically
waive
certain
requirements.
(
c)
You
must
have
emission
data
from
test
engines
using
the
appropriate
procedures
that
demonstrate
compliance
with
the
alternate
standards,
unless
the
engines
are
identical
in
all
material
respects
to
engines
that
you
have
previously
certified
to
standards
that
are
the
same
as,
or
more
stringent
than,
the
alternate
standards.
(
d)
Unless
we
specify
otherwise
elsewhere
in
this
part
or
in
the
standard­
setting
part,
you
must
meet
the
labeling
requirements
in
the
standard­
setting
part,
with
the
following
exceptions:
(
1)
Instead
of
anModifyModify
the
engine
­
family
engine­
family
designation,
use
a
modified
designation
to
identify
the
group
of
engines
that
would
otherwise
be
included
in
the
same
engine
family.
(
2)
Instead
of
by
eliminating
the
lettercharacter
that
identifies
the
model
year.
(
2)
See
the
provisions
of
the
applicable
exemption
for
appropriate
language
to
replace
the
compliance
statement
otherwise
required
in
the
standard­
setting
part,
add
the
following
statement:
"
THIS
ENGINE
MEETS
U.
S.
EPA
EMISSION
STANDARDS
UNDER
40
CFR
1068.265.".
(
e)
You
may
not
generate
emission
credits
for
averaging,
banking,
or
trading
with
engines
meeting
requirements
under
the
provisions
of
this
section.
(
f)
Keep
records
to
show
that
you
meet
the
alternate
standards,
as
follows:
(
1)
If
your
exempted
engines
are
identical
to
previously
certified
engines,
keep
your
most
recent
application
for
certification
for
the
certified
engine
family.
(
2)
If
you
previously
certified
a
similar
engine
family,
but
have
modified
the
exempted
engine
in
a
way
that
changes
it
from
its
previously
certified
configuration,
keep
your
most
recent
application
for
certification
for
the
certified
engine
family,
a
description
of
the
relevant
changes,
and
any
test
data
or
engineering
evaluations
that
support
your
conclusions.
(
3)
If
you
have
not
previously
certified
a
similar
engine
family,
keep
all
the
records
we
specify
for
the
application
for
certification
and
any
additional
records
the
standard­
setting
part
requires
you
to
keep.
(
g)
We
may
require
you
to
send
us
an
annual
report
of
the
engines
you
produce
under
this
section.
137.
Section
1068.305
is
amended
by
revising
paragraph
(
a)
to
read
as
follows:
§
1068.305
How
do
I
get
an
exemption
or
exclusion
for
imported
engines?
(
a)
Complete
the
appropriate
EPA
declaration
form
before
importing
any
nonconforming
engine.
These
forms
are
available
on
the
Internet
at
http://
www.
epa.
gov/
OTAQ/
imports/
or
by
phone
at
734­
214­
4100.
*
*
*
*
*

138.
Section
1068.315
is
amended
by
revising
paragraphs
(
e),
(
f),
and
(
2)(
igg)
and
adding
paragraphs
(
fhh)(
2),
(
iiiii),
and
(
j)
to
read
as
follows:
§
1068.315
What
are
the
permanent
exemptions
for
imported
engines?
*
*
*
*
*
(
f)
*
*
*
(
2)*
*
*
ee)
Small­
volume
manufacturer
exemption.
You
may
import
a
nonconforming
engine
if
we
grant
hardship
relief
for
a
small­
volume
manufacturer,
as
described
in
§
1068.250.
(
f)
Equipment­
manufacturer
hardship
exemption.
You
may
import
a
nonconforming
engine
if
we
grant
an
exemption
for
the
transition
to
new
or
revised
emission
standards,
as
described
in
§
1068.255.
(
g)
Delegated­
assembly
exemption.
You
may
import
a
nonconforming
engine
for
final
assembly
under
the
provisions
of
§
1068.260.
(
h)
[
Reserved]
(
i)
Identical
configuration
exemption.
You
may
import
a
nonconforming
engine
if
it
is
identical
to
certified
engines
produced
by
the
same
manufacturer,
subject
to
the
following
provisions:
(
1)
You
may
import
only
the
following
engines
under
this
exemption:
(
i)
Large
nonroad
spark­
ignition
engines
(
see
part
1048
of
this
chapter).
(
ii)
Recreational
nonroad
spark­
ignition
engines
and
equipment
(
see
part
1051
of
this
chapter).
(
iii)
Land­
based
nonroad
diesel
engines
(
see
part
1039
of
this
chapter).
(
2)
You
must
meet
all
the
following
criteria:
(
i)
You
have
owned
the
engine
for
at
least
six
months.
*
*
*
*
*
(
ii)
You
agree
not
to
sell,
lease,
donate,
trade,
or
otherwise
transfer
ownership
of
the
engine
for
at
least
five
years,
or
until
the
engine
is
eligible
for
the
exemption
in
paragraph
(
g)
of
this
section.
During
this
period,
the
only
acceptable
way
to
dispose
of
the
engine
is
to
destroy
or
export
it.
(
iii)
You
use
data
or
evidence
sufficient
to
show
that
the
engine
is
in
a
configuration
that
is
identical
to
an
engine
the
original
manufacturer
has
certified
to
meet
emission
standards
that
apply
at
the
time
the
manufacturer
finished
assembling
or
modifying
the
engine
in
question.
If
you
modify
the
engine
to
make
it
identical,
you
must
completely
follow
the
original
manufacturer's
written
instructions.
(
3)
We
will
tell
you
in
writing
if
we
find
the
information
insufficient
to
show
that
the
engine
is
eligible
for
this
exemption.
In
this
case,
we
will
not
consider
your
request
further
until
you
address
our
concerns.
(
j)
Ancient
engine
exemption.
If
you
are
not
the
original
engine
manufacturer,
you
may
import
a
nonconforming
engine
that
is
subject
to
a
standard­
setting
part
and
was
first
manufactured
at
least
21
years
earlier,
as
long
as
it
is
still
in
its
original
configuration.

139.
Section
1068.325
is
amended
by
revising
the
introductory
text
to
read
as
follows:
§
1068.325
What
are
the
temporary
exemptions
for
imported
engines?
You
may
import
engines
under
certain
temporary
exemptions,
subject
to
the
conditions
in
this
section.
We
may
ask
the
U.
S.
Customs
Service
to
require
a
specific
bond
amount
to
make
sure
you
comply
with
the
requirements
of
this
subpart.
You
may
not
sell
or
lease
one
of
these
engines
while
it
is
in
the
United
States.
You
must
eventually
export
the
engine
as
we
describe
in
this
section
unless
you
get
a
certificate
of
conformity
for
it
or
it
qualifies
for
one
of
the
permanent
exemptions
in
§
1068.315.
Section
1068.330
specifies
an
additional
temporary
exemption
allowing
you
to
import
certain
engines
you
intend
to
modify.
*
*
*
*
*

*
*
*
*
*

140.
Section
1068.330
is
amended
by
revising
the
section
heading
and
paragraph
(
c)
and
adding
paragraph
(
a)(
4)
to
read
as
follows:
§
1068.330
How
do
I
import
engines
requiring
further
assembly?
*
*
*
*
*
(
a)
*
*
*
(
4)
You
import
a
complete
or
partially
complete
engine
for
installation
in
equipment
subject
to
equipment­
based
standards
for
which
you
have
either
a
certificate
of
conformity
or
an
exemption
that
allows
you
to
sell
the
equipment.
*
*
*
*
*
(
c)
If
we
approve
a
temporary
exemption
for
an
engine,
you
may
import
it
under
the
conditions
in
this
section.
If
you
are
not
a
certificate
holder,
we
may
ask
the
U.
S.
Customs
Service
to
require
a
specific
bond
amount
to
make
sure
you
comply
with
the
requirements
of
this
subpart.
*
*
*
*
*

141.
Section
1068.410
is
amended
by
adding
paragraph
(
j)
to
read
as
follows:
§
1068.410
How
must
I
select
and
prepare
my
engines?
*
*
*
*
*
(
j)
Retesting
after
reaching
a
fail
decision.
You
may
retest
your
engines
once
a
fail
decision
for
the
audit
has
been
reached
based
on
the
first
test
on
each
engine
under
§
1068.420(
c).
You
may
test
each
engine
up
to
a
total
of
three
times,
but
you
must
perform
the
same
number
of
tests
on
each
engine.
You
may
further
operate
the
engine
to
stabilize
emission
levels
before
testing,
subject
to
the
provisions
of
paragraph
(
f)
of
this
section.
We
may
approve
retesting
at
other
times
if
you
send
us
a
request
with
satisfactory
justification.
142.
Section
1068.505
is
amended
by
adding
paragraph
(
g)
to
read
as
follows:
§
1068.505
How
does
the
recall
program
work?
*
*
*
*
*
(
g)
For
purposes
of
recall,
owner
means
someone
who
owns
an
engine
affected
by
a
remedial
plan
or
someone
who
owns
a
piece
of
equipment
that
has
one
of
these
engines.

143.
Section
1068.510
is
amended
by
revising
paragraph
(
a)(
10)
and
adding
paragraph
(
i)
to
read
as
follows:
§
1068.510
How
do
I
prepare
and
apply
my
remedial
plan?
(
a)
*
*
*
(
10)
If
your
employees
or
authorized
warranty
agents
will
not
be
doing
the
work,
state
who
will
and
describe
their
qualifications.
*
*
*
*
*
(
i)
For
purposes
of
recall,
owner
means
someone
who
owns
an
engine
affected
by
a
remedial
plan
or
someone
who
owns
a
piece
of
equipment
that
has
one
of
these
engines.

144.
Remove
§
1068.540.
