[Federal Register: July 13, 2005 (Volume 70, Number 133)]
[Rules and Regulations]
[Page 40419-40612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy05-20]
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Part II
Environmental Protection Agency
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40 CFR Parts 85, 86, et al.
Test Procedures for Testing Highway and Nonroad Engines and Omnibus
Technical Amendments; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065,
and 1068
[AMS-FRL-7922-5]
RIN 2060-AM35
Test Procedures for Testing Highway and Nonroad Engines and
Omnibus Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Rule.
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SUMMARY: This regulation revises and harmonizes test procedures from
the various EPA programs for controlling engine emissions. It does not
change emission standards, nor is it intended to change the emission
reductions expected from these EPA programs. Rather, it amends the
regulations that describe laboratory specifications for equipment and
test fuels, instructions for preparing engines and running tests,
calculations for determining final emission levels from measured
values, and instructions for running emission tests using portable
measurement devices outside the laboratory. These updated testing
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and
recreational vehicles. The revisions in this final rule will update the
regulations to deal more effectively with the more stringent standards
recently promulgated by EPA and will also clarify and better define
certain elements of the required test procedures. In particular, the
amendments better specify the procedures applicable to field testing
under the regulations.
This action also applies the updated testing regulations to highway
heavy-duty diesel engine regulations. This action is appropriate
because EPA has historically drafted a full set of testing
specifications for each vehicle or engine category subject to emission
standards as each program was developed over the past three decades.
This patchwork approach has led to some variation in test parameters
across programs, which we hope to address by adopting a common set of
test requirements. The primary goal of this effort is to create unified
testing requirements for all engines, which when implemented will
streamline laboratory efforts for EPA and industry.
This action will also include other technical changes intended to
clarify and better define requirements for several different EPA engine
programs. These changes are relatively minor and are technical in
scope.
DATES: This final rule is effective September 12, 2005.
The incorporation by reference of certain publications listed in
this regulation is approved by the Director of the Federal Register as
of September 12, 2005.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. OAR-2004-0017. All documents in the docket are listed in the
EDOCKET index at http://www.epa.gov/edocket. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the Air Docket in the EPA Docket Center,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Alan Stout, U.S. EPA, Voice-mail (734)
214-4636; E-mail: stout.alan@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Regulated Entities
This action affects companies that manufacture or sell engines.
Regulated categories and entities include:
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Examples of
Category NAICS codes a potentially
regulated entities
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Industry....................... 333618............ Manufacturers of
new engines.
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a North American Industry Classification System (NAICS)
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action to the person
listed in FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2004-0017. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Documents in the official
public docket are listed in the index list in EPA's electronic public
docket and comment system, EDOCKET. Documents may be available either
electronically or in hard copy. Electronic documents may be viewed
through EDOCKET. Hard copy documents may be viewed at the EPA Docket
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. Docket in The EPA Docket Center Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744.
This rule relies in part on information related to our November
2002 final rule, which can be found in Public Docket A-2000-01. This
docket is incorporated by reference into the docket for this action,
OAR-2004-0017.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ Or you can go to the federal-
wide eRulemaking site at http://www.regulations.gov.
An electronic version of the public docket is available through
EDOCKET. You may use EDOCKET at http://www.epa.gov/edocket/ to view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Table of Contents
I. Modified Test Procedures for Highway and Nonroad Engines
A. Incorporation of Nonroad Test Procedures for Heavy Duty
Highway Engines
B. Revisions to Part 1065
II. Technical Amendments
A. Standard-Setting Changes that Apply to Multiple Categories
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B. Nonroad general compliance provisions (40 CFR part 1068)
C. Land-based nonroad diesel engines (40 CFR parts 89 and 1039)
D. Marine diesel engines (40 CFR part 94)
E. Small nonroad spark-ignition engines (40 CFR part 90)
F. Marine spark-ignition engines (40 CFR part 91)
G. Large nonroad spark-ignition engines (40 CFR part 1048)
H. Recreational vehicles (40 CFR part 1051)
I. Locomotives (40 CFR part 92)
J. Highway engines and vehicles (40 CFR part 86)
III. Public Participation
IV. Statutory and Executive Order Reviews
V. Statutory Provisions and Legal Authority
I. Modified Test Procedures for Highway and Nonroad Engines
A. Incorporation of Nonroad Test Procedures for Heavy Duty Highway
Engines
As part of our initiative to update the content, organization and
writing style of our regulations, we are revising our test
procedures.\1\ We have grouped all of our engine dynamometer and field
testing test procedures into one part entitled, ``Part 1065: Test
Procedures.'' For each engine or vehicle sector for which we have
recently promulgated standards (such as land-based nonroad diesel
engines or recreational vehicles), we identified an individual part as
the standard-setting part for that sector. These standard-setting parts
then refer to one common set of test procedures in part 1065. We intend
in this rule to continue this process of having all our engine programs
refer to a common set of procedures by applying part 1065 to all heavy-
duty highway engines.
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\1\ For an overview of our new regulatory organization, refer to
our fact sheet entitled, ``Plain-Language Format of Emission
Regulations for Nonroad Engines,'' EPA420-F-02-046, September 2002,
http://www.epa.gov/otaq/largesi.htm.
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In the past, each engine or vehicle sector had its own set of
testing procedures. There are many similarities in test procedures
across the various sectors. However, as we introduced new regulations
for individual sectors, the more recent regulations featured test
procedure updates and improvements that the other sectors did not have.
As this process continued, we recognized that a single set of test
procedures would allow for improvements to occur simultaneously across
engine and vehicle sectors. A single set of test procedures is easier
to understand than trying to understand many different sets of
procedures, and it is easier to move toward international test
procedure harmonization if we only have one set of test procedures. We
note that procedures that are particular for different types of engines
or vehicles, for example, test schedules designed to reflect the
conditions expected in use for particular types of vehicles or engines,
will remain separate and will be reflected in the standard-setting
parts of the regulations.
In addition to reorganizing and rewriting the test procedures for
improved clarity, we are making a variety of changes to improve the
content of the testing specifications, including the following:
Writing specifications and calculations in international
units
Adding procedures by which manufacturers can demonstrate
that alternate test procedures are equivalent to specified procedures.
Including specifications for new measurement technology
that has been shown to be equivalent or more accurate than existing
technology; procedures that improve test repeatability, calculations
that simplify emissions determination; new procedures for field testing
engines, and a more comprehensive set of definitions, references, and
symbols.
Defining calibration and accuracy specifications that are
scaled to the applicable standard, which allows us to adopt a single
specification that applies to a wide range of engine sizes and
applications.
Some emission-control programs already rely on the test procedures
in part 1065. These programs regulate land-based nonroad diesel
engines, recreational vehicles, and nonroad spark-ignition engines over
19 kW.
We are adopting the lab-testing and field-testing specifications in
part 1065 for all heavy-duty highway engines, as described in Section
II.J. These procedures replace those currently published in subpart N
in 40 CFR part 86. We are making a gradual transition from the part 86
procedures. For several years, manufacturers will be able to optionally
use the part 1065 procedures. By the 2010 model year, part 1065
procedures will be required for any new testing. For all testing
completed for 2009 and earlier model years, manufacturers may continue
to rely on carryover test data based on part 86 procedures to certify
engine families in later years. In addition, other subparts in part 86,
as well as regulations for many different nonroad engines refer to the
test procedures in part 86. We are including updated references for all
these other programs to refer instead to the appropriate cite in part
1065.
Part 1065 is also advantageous for in-use testing because it
specifies the same procedures for all common parts of field testing and
laboratory testing. It also contains new provisions that help ensure
that engines are tested in a laboratory in a way that is consistent
with how they operate in use. These new provisions will ensure that
engine dynamometer lab testing and field testing are conducted in a
consistent way.
In the future, we may apply the test procedures specified in part
1065 to other types of engines, so we encourage companies involved in
producing or testing other engines to stay informed of developments
related to these test procedures. For example, we expect to propose in
the near future new regulations for locomotives, marine engines, and
several types of nonroad SI engines. We are likely to consider some
changes to part 1065 in each of these rulemakings.
B. Revisions to Part 1065
Part 1065 was originally adopted on November 8, 2002 (67 FR 68242),
and was initially applicable to standards regulating large nonroad
spark-ignition engines and recreational vehicles under 40 CFR parts
1048 and 1051. The recent rulemaking adopting emission standards for
nonroad diesel engines has also made part 1065 optional for Tier 2 and
Tier 3 standards and required for Tier 4 standards. The test procedures
initially adopted in part 1065 were sufficient to conduct testing, but
in this final rule we have reorganized these procedures and added
content to make various improvements. In particular, we have
reorganized part 1065 by subparts as shown below:
Subpart A: general provisions; global information on applicability,
alternate procedures, units of measure, etc.
Subpart B: equipment specifications; required hardware for testing
Subpart C: measurement instruments
Subpart D: calibration and verifications; for measurement systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for laboratory
testing and test validation
Subpart G: calculations and required information
Subpart H: fuels, fluids, and analytical gases
Subpart I: oxygenated fuels; special test procedures
Subpart J: field testing and portable emissions measurement systems
Subpart K: definitions, references, and symbols
The regulations now prescribe scaled specifications for test
equipment and measurement instruments by parameters such as engine
power, engine speed and the emission standards to which an engine must
comply. That way this single set of specifications will cover the
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full range of engine sizes and our full range of emission standards.
Manufacturers will be able to use these specifications to determine
what range of engines and emission standards may be tested using a
given laboratory or field testing system.
The new content for part 1065 is mostly a combination of content
from our most recent updates to other test procedures and from test
procedures specified by the International Organization for
Standardization (ISO). In some cases, however, there is new content
that never existed in previous regulations. This new content addresses
very recent issues such as measuring very low concentrations of
emissions, using new measurement technology, using portable emissions
measurement systems, and performing field testing. A full description
of the changes is in the Technical Support Document that accompanies
this final rule (this document is available in the docket for this
rulemaking).
The new content also reflects a shift in our approach for
specifying measurement performance. In the past we specified numerous
calibration accuracies for individual measurement instruments, and we
specified some verifications for individual components, such as
NO2 to NO converters. We have shifted our focus away from
individual instruments and toward the overall performance of complete
measurement systems. We did this for several reasons. First, some of
what we specified in the past precluded the implementation of new
measurement technologies. These new technologies, sometimes called
``smart analyzers'', combine signals from multiple instruments to
compensate for interferences that were previously tolerable at higher
emissions levels. These analyzers are useful for detecting low
concentrations of emissions. They are also useful for detecting
emissions from raw exhaust, which can contain high concentrations of
interferences, such as water vapor. This is particularly important for
field testing, which will most likely rely upon raw exhaust
measurements. Second, this new ``systems approach'' challenges complete
measurement systems with a series of periodic verifications, which we
feel will provide a more robust assurance that a measurement system as
a whole is operating properly. Third, the systems approach provides a
direct pathway to demonstrate that a field test system performs
similarly to a laboratory system. This is explained in more detail in
item 10 below. Finally, we feel that our systems approach will lead to
a more efficient way of assuring measurement performance in the
laboratory and in the field. We believe that this efficiency will stem
from less frequent individual instrument calibrations, and higher
confidence that a complete measurement system is operating properly.
We have organized the new content relating to measurement systems
performance into subparts C and D. We specify measurement instruments
in subpart C and calibrations and periodic system verifications in
subpart D. These two subparts apply to both laboratory and field
testing. We have organized content specific to running a laboratory
emissions test in subpart F, and we separated content specific to field
testing in subpart J.
In subpart C we specify the types of acceptable instruments, but we
only recommend individual instrument performance. We provide these
recommendations as guidance for procuring new instruments. We feel that
the periodic verifications that we require in subpart D will
sufficiently evaluate the individual instruments as part of their
respective overall measurement systems. In subpart F we specify
performance validations that must be conducted as part of every
laboratory test. In subpart J we specify similar performance
validations for field testing that must be conducted as part of every
field test. We feel that the periodic verifications in subpart D and
the validations for every test that we prescribed in subparts F and J
ensure that complete measurement systems are operating properly.
In subpart J we also specify an additional overall verification of
portable emissions measurement systems (PEMS). This verification is a
comprehensive comparison of a PEMS versus a laboratory system, and it
may take several days of laboratory time to set up, run, and evaluate.
However, we only require that this particular verification must be
performed at least once for a given make, model, and configuration of a
field test system.
Below is a brief description of the content of each subpart,
highlighting some of the new content. We also highlight the more
significant changes from the regulatory language that was proposed in
our responses to public comments. See the TSD for a more complete
listing of the changes and comments to our proposed part 1065.
1. Subpart A: General Provisions
In Subpart A we identify the applicability of part 1065 and
describe how procedures other than those in part 1065 may be used to
comply with a standard-setting part. In Sec. 1065.10(c)(1), we specify
that testing must be conducted in a way that represents in-use engine
operation, such that in the rare case where provisions in part 1065
result in unrepresentative testing, other procedures would be used. We
have revised the proposed regulatory language for this requirement to
clarify the manufacturers' requirements and the process that we would
use to make changes to the test procedures in these cases.
Other information in this subpart includes a description of the
conventions we use regarding units and certain measurements and we
discuss recordkeeping. We also provide an overview of how emissions and
other information are used to determine final emission results. The
regulations in Sec. 1065.15 include a figure illustrating the
different ways we allow brake-specific emissions to be calculated.
In this same subpart, we describe how continuous and batch sampling
may be used to determine total emissions. We also describe the two ways
of determining total work that we approve. Note that the figure
indicates our default procedures and those procedures that require
additional approval before we will allow them.
2. Subpart B: Equipment Specifications
Subpart B first describes engine and dynamometer related systems.
Many of these specifications are scaled to an engine's size, speed,
torque, exhaust flow rate, etc. We specify the use of in-use engine
subsystems such as air intake systems wherever possible in order to
best represent in-use operation when an engine is tested in a
laboratory.
Subpart B also describes sampling dilution systems. These include
specifications for the allowable components, materials, pressures, and
temperatures. We describe how to sample crankcase emissions. We also
now allow limited use of partial-flow dilution for PM sampling. Subpart
B also specifies environmental conditions for PM filter stabilization
and weighing. Although these provisions mostly come from our recent
update to part 86, subpart N, we also describe some new aspects in
detail.
The regulations in Sec. 1065.101 include a diagram illustrating
all the available equipment for measuring emissions.
3. Subpart C: Measurement Instruments
Subpart C specifies the requirements for the measurement
instruments used for testing. In subpart C we recommend accuracy,
repeatability, noise, and response time specifications for individual
measurement instruments, but note that we require that overall
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measurement systems meet the calibrations and verifications Subpart D.
In some cases we allow new instrument types to be used where we
previously did not allow them. For example, we now allow the use of a
nonmethane cutter for NMHC measurement, a nondispersive ultraviolet
analyzers for NOX measurement, zirconia sensors for
O2 measurement, various raw-exhaust flow meters for
laboratory and field testing measurement, and an ultrasonic flow meter
for CVS systems. We had proposed to also allow zirconia sensors for
NOX measurement, but we are not finalizing that option at
this time because of manufacturer concerns about drift and sensor
response to NO2 and NH3.
4. Subpart D: Calibrations and Verifications
Subpart D describes what we mean when we specify accuracy,
repeatability and other parameters in subpart C. We are adopting
calibrations and verifications that scale with engine size and with the
emission standards to which an engine is certified. We are replacing
some of what we have called ``calibrations'' in the past with a series
of verifications, such as a linearity verification, which essentially
verifies the calibration of an instrument without specifying how the
instrument must be initially calibrated. Because new instruments have
built-in routines that linearize signals and compensate for various
interferences, our existing calibration specifications sometimes
conflicted with an instrument manufacturer's instructions. In addition,
there are new verifications in subpart D to ensure that the new
instruments we specify in subpart C are used correctly. The most
significant changes in this subpart from the proposal are that we split
the language for continuous gas analyzer verification into two sections
(Sec. Sec. 1065.308 and 1065.309), we provide more detailed
descriptions for the FID O2 interference verifications
(Sec. 1065.362) and NMHC cutter setups (Sec. 1065.365), and we added
Sec. 1065.395 for inertial PM balance verification.
5. Subpart E: Engine Selection, Preparation, and Maintenance
Subpart E describes how to select, prepare, and maintain a test
engine. We updated these provisions to include both gasoline and diesel
engines. This subpart is relatively short, and we did not make many
changes to its proposed content.
6. Subpart F Test Protocols
Subpart F describes the step-by-step protocols for engine mapping,
test cycle generation, test cycle validation, pre-test preconditioning,
engine starting, emission sampling, and post-test validations. We
proposed an improved way to map and generate cycles for constant-speed
engines that would better represent in-use engine operation. We have
modified this language slightly to reflect the different ways in which
constant-speed test cycles can be specified. We are adopting a more
streamlined set of test cycle and validation criteria. We allow modest
corrections for drift of emission analyzer signals within a certain
range. We are also adopting a recommended procedure for weighing PM
samples. We are not finalizing our proposed procedure to correct for
instrument noise because after receiving many comments, we now
acknowledge that the procedure is not robust and applicable to all
emissions.
7. Subpart G Calculations and Required Information
Subpart G includes all the calculations required in part 1065. We
are adopting definitions of statistical quantities such as mean,
standard deviation, slope, intercept, t-test, F-test, etc. By defining
these quantities mathematically we intend to resolve any potential mis-
communication when we discuss these quantities in other subparts. We
have written all calculations for calibrations and emission
calculations in international units to comply with 15 CFR part 1170,
which removes the voluntary aspect of the conversion to international
units for federal agencies. Furthermore, Executive Order 12770 (56 FR
35801, July 29, 1991) reinforces this policy by providing Presidential
authority and direction for the use of the metric system of measurement
by Federal agencies and departments. For our standards that are not
completely in international units (i.e., grams/horsepower-hour, grams/
mile), we specify in part 1065 the correct use of internationally
recognized conversion factors.
We also specify emission calculations based on molar quantities for
flow rates, instead of volume or mass. This change eliminates the
frequent confusion caused by using different reference points for
standard pressure and standard temperature. Instead of declaring
standard densities at standard pressure and standard temperature to
convert volumetric concentration measurements to mass-based units, we
declare molar masses for individual elements and compounds. Since these
values are independent of all other parameters, they are known to be
universally constant.
We have added some detail to the calculations relative to the
proposed calculations to make them clearer. We also made changes in
response to comments from manufacturers.
8. Subpart H Fuels, Fluids, and Analytical Gases
Subpart H specifies test fuels, lubricating oils and coolants, and
analytical gases for testing. We are eliminating the Cetane Index
specification for all diesel fuels, because the existing specification
for Cetane Number sufficiently determines the cetane levels of diesel
test fuels. We are not identifying any detailed specification for
service accumulation fuel. Instead, we specify that service
accumulation fuel may be a test fuel or a commercially available in-use
fuel. This helps ensure that testing is representative of in-use engine
operation. We are adding a list of ASTM specifications for in-use fuels
as examples of appropriate service accumulation fuels. Compared to the
proposed regulatory language, we have clarified that Sec.
1065.10(c)(1) does not require test fuels to be more representative
than the specified test fuels. We have added an allowance to use
similar test fuels that do not meet all of the specifications, provided
they do not compromise the manufacturer's ability to demonstrate
compliance. We also now allow the use of ASTM test methods specified in
40 CFR part 80 in lieu of those specified in part 1065. We did this
because we more frequently review and update the ASTM methods in 40 CFR
part 80 versus those in part 1065.
We proposed purity specifications for analytical gases that scale
with the standards that an engine must meet. In the final regulations,
we have clarified the requirement to use good engineering judgment to
maintain the stability of these gases, and have tightened the purity
specification for FID fuel in response to comment.
9. Subpart I Oxygenated Fuels
Subpart I describes special procedures for measuring certain
hydrocarbons whenever oxygenated fuels are used. We updated the
calculations for these procedures in Subpart G. We have made some
revisions to the proposed text to make it consistent the original
content of the comparable provisions in 40 CFR part 86. We have also
added an allowance to use the California NMOG
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test procedures to measure alcohols and carbonyls.
10. Subpart J Field Testing and Portable Emissions Measurement Systems
We are adopting a wide range of changes to subpart J Field Testing.
Portable Emissions Measurement Systems (PEMS) must generally meet the
same specifications and verifications that laboratory instruments must
meet, according to subparts B, C, and D. However, allow some deviations
from laboratory specifications. In addition to meeting many of the
laboratory system requirements, a PEMS must meet an overall
verification relative to a laboratory measurements. This verification
involves repeating a duty cycle several times. The duty cycle itself
must have several individual field-test intervals (e.g., NTE events)
against which a PEMS is compared to the laboratory system. This is a
comprehensive verification of a PEMS. We are also adopting a procedure
for preparing and conducting a field test, and we are adopting drift
corrections for emission analyzers. Given the evolving state of PEMS
technology, the field-testing procedures provide for a number of known
measurement techniques. We have added provisions and conditions for the
use of PEMS in an engine dynamometer laboratory to conduct laboratory
testing.
11. Subpart K Definitions, References, and Symbols
In subpart K we are adopting new and revised definitions of terms
frequently used in part 1065. For example we have revised our
definitions of ``brake power'', ``constant-speed engine'', and
``aftertreatment'' to provide more clarity, and we have added new
definitions for things such as ``300 series stainless steel'',
``barometric pressure'', and ``operator demand''. There are new
definitions such as ``duty cycle'' and ``test interval'' to distinguish
the difference between a single interval over which brake-specific
emissions are calculated and the complete cycle over which emissions
are evaluated in a laboratory. We also present a thorough and
consistent set of symbols, abbreviations, and acronyms.
II. Technical Amendments
A. Standard-Setting Changes That Apply to Multiple Categories
1. Definitions
We are revising several definitions that apply over more than one
part of our regulations. These changes are designed to harmonize our
regulations.
We are changing the definition of Marine engine and Marine vessel
to harmonize our approach to amphibious vehicles and clarify other
issues. We have treated amphibious vehicles differently whether they
had a diesel engine or a spark-ignition engine. We are harmonizing our
treatment of amphibious vehicles by consistently treating these as
land-based products. We are also adding a provision defining amphibious
vehicles are those that are designed primarily for operation on land to
clarify that we don't consider hovercraft to be amphibious vehicles.
This is consistent with our intent and our analyses in the rulemaking
to initially set standards for these products. See the Technical
Support Document for additional information related to these
definitions. In particular, note that we describe our interpretation of
what it means for an engine to be ``installed in a marine vessel.''
Manufacturers have raised several questions related to this issue,
especially as it relates to portable engines installed on barges.
2. Penalties
The Clean Air Act specifies maximum penalty amounts corresponding
to each prohibited Act. These maximum penalty amounts are periodically
adjusted for inflation, based on the provisions of the Debt Collection
Improvement Act. These maximum penalties have been updated under 40 CFR
part 19. The new maximum penalties are $32,500 for introducing
noncompliant engines into commerce and for manufacturers guilty of
tampering, and $2,750 for non-manufacturers guilty of tampering. In
addition, the maximum penalty we can recover using administrative
procedures is $270,000. We are extending these revised penalties into
each of our emission-control programs.
3. Deterioration Factors for HC+NOX Standards
Manufacturers requested that we allow them to calculate a single
deterioration factor for engines that are subject to combined
HC+NOX emission standards, rather than calculating separate
deterioration factors for each pollutant. We proposed for some engines
to clarify that separate deterioration factors were appropriate. In the
case of spark-ignition engines, it is especially true that changing
carburetor calibrations and other things affecting air-fuel ratios have
a direct inverse relationship on HC and NOX emissions. Where
deterioration factors are based on service accumulation through the
entire useful life, we believe it is therefore appropriate to base
deterioration factors for spark-ignition engines subject to
HC+NOX emission standards on a single deterioration factor
for the combined pollutants. However, if deteriortion factors are based
on service accumulation over less than the full useful life, we want to
avoid the situation where a manufacturer is extrapolating values that
presume further improvement in the emission levels of any particular
pollutant. For such testing, we therefore specify that separate
deterioration factors for each pollutant are appropriate. We are making
a related, additional change to clarify that manufacturers must include
both low-hour and deteriorated emission measurements for each
pollutant, even if the regulations allow for a single deterioration
factor for HC+NOX emissions together. Compression-ignition
engines have different wear mechanisms and generally have much longer
useful-life values, so it is not clear that this approach to allowing
combined deterioration factor is appropriate for these engines. We may
further consider applying this change to compression-ignition engines
in a future rulemaking.
4. Emission Warranty Related to Extended Service Contracts
Manufacturers objected to our proposal to apply emission-related
warranty requirements to components for which a consumer pays for an
extended performance warranty. We agree with the point raised by the
manufacturers that these service contracts do not necessarily imply
that the part should last longer, but rather that the manufacturer (or
a third-party provider) has made a calculation regarding the financial
and customer service benefits of offering contracts that provide free
or reduced-cost coverage for certain components after collecting an up-
front charge. We will remove this provision across all engine
categories.
5. Exemption for Staged Assembly
Some manufacturers pointed out that they were facing difficulties
with production processes that required them to ship nearly completed
engines to one or more different facilities for final assembly. Without
an exemption, this would violate the applicable prohibited acts, since
it involves the introduction into commerce an engine that is not in its
certified configuration. To address this concern, we have adopted an
exemption that allows manufacturers to assemble engines at multiple
facilities, as long as they maintain control of the engines at all
times before final assembly. Manufacturers would need to
[[Page 40425]]
request approval for such an arrangement. EPA approval may be
conditioned on the manufacturer taking reasonable additional steps to
ensure that engines end up in their certified configuration. This
exemption applies to all the engine categories that are subject to 40
CFR part 1068 (as described in the next section), and to locomotives
and marine diesel engines.
B. Nonroad General Compliance Provisions (40 CFR Part 1068)
In addition to the changing test procedures described above, we are
making various changes to the general compliance provisions in 40 CFR
part 1068, which currently applies to land-based nonroad diesel
engines, recreational vehicles, and nonroad spark-ignition engines over
19 kW. We encourage manufacturers of other engines to take note of
these changes, since we intend eventually to apply the provisions of
part 1068 to all engines subject to EPA emission standards.
There was extensive comment related to the existing provisions in
Sec. 1068.260 related to the exemption that allows engine
manufacturers to arrange for shipment of aftertreatment devices
separately from engines that are intended to rely on aftertreatment.
Commenters suggested that we relax some of the provisions that were
intended to prevent noncompliance. We continue to believe the
provisions adopted in Sec. 1068.260 are appropriate for nonroad
engines. The more extensive oversight and control mechanisms are
important to ensuring that engines are assembled correctly, since there
are so many possible equipment manufacturers and so many different
business relationships among companies. Given that we are requiring
engine manufacturers to include the cost of aftertreatment components
in the price of the engine, we believe it is implicitly clear that the
engine manufacturer is responsible for shipping costs, so we have
removed the proposal to restate that in the regulations. We are making
three other adjustments to the proposal. First, we are removing the
requirement for engine manufacturers to arrange for direct shipment of
aftertreatment components from the supplier to the equipment
manufacturer, since a third party may appropriately be involved to
produce system assemblies for integration into equipment. Second, we
are adding a paragraph to clarify that integrated manufacturers can
meet their auditing requirements by maintaining a database for matching
up engines with the appropriate aftertreatment components. Third, we
are adopting the staged-assembly exemption, as described above, which
would streamline the production process for integrated engine and
equipment manufacturers and address a wide range of production
scenarios in addition to separate shipment of aftertreatment
components.
The changes to part 1068 include several other minor adjustments
and corrections. These changes are described in the Technical Support
Document.
C. Land-Based Nonroad Diesel Engines (40 CFR Parts 89 and 1039)
We recently adopted a new tier of emission standards for nonroad
diesel engines, codifying these standards in 40 CFR part 1039. This
rulemaking led us to make several regulatory changes to the existing
tiers of standards for these engines in 40 CFR part 89. In cases where
we discovered the need for changes after publishing the proposed rule,
but we did not make those changes to part 89 in the final rule out of
concern that the public had not had an opportunity for comment.
Similarly, we are adopting some adjustments to part 1039, based on
information that surfaced late in that rulemaking. See the Technical
Support Document for a complete discussion of the rulemaking changes
for these engines.
We proposed to add a constraint for averaging, banking, and trading
to prevent manufacturers from including credits earned in California or
another state if there would ever be a situation in which manufacturers
would be making engines with lower emissions to meet more stringent
state standards or to earn emission credits under the state program. In
the case of nonroad diesel engines, California has adopted our Tier 4
standards without an emission-credit program that does not involve
California-specific credit calculations. The proposed provision would
therefore have no effect for the foreseeable future. We have decided
not to adopt the proposed provision, but expect to pursue this if
California adopts more stringent standards or creates a California-
specific emission-credit program for these engines (see 40 CFR
1051.701(d)(4)).
D. Marine Diesel Engines (40 CFR Part 94)
We are making several changes to our marine diesel engine program,
in 40 CFR part 94. These changes are intended to clarify several
aspects of the program. These changes are described in detail in the
Technical Support Document. This discussion also elaborates on our
interpretation of various provisions. For example, we describe how to
determine which standards apply to amphibious vehicles and hovercraft.
We also explain how we interpret the term ``marine diesel engine'' with
respect to auxiliary applications in which it may not be clear whether
the engine is ``installed'' on the vessel or not.
E. Small Nonroad Spark-Ignition Engines (40 CFR Part 90)
We are adding a new Sec. 90.913 to better define the
responsibilities for manufacturers choosing to certify their engines
below 19 kW to the emission standards for Large SI engines in 40 CFR
part 1048. We are also revising Sec. 90.1 to cross-reference
provisions in parts 86, 1048, and 1051 that allow highway motorcycle
engines and nonroad engines above 19 kW to meet the requirements in
part 90 under certain conditions.
We are making several amendments to the test procedures, such as
improving calculations for humidity corrections, adding clarifying
language, and adjusting reporting provisions. We are also updating
current references to test procedures in 40 CFR part 86 by pointing
instead to 40 CFR part 1065. In addition, we are making a variety of
minor corrections and clarifications. See the Technical Support
Document for a discussion of all these changes.
F. Marine Spark-Ignition Engines (40 CFR Part 91)
We are adopting only minimal changes for Marine SI engines in 40
CFR part 91. These changes are primarily to update current references
to test procedures in 40 CFR part 86 by pointing instead to 40 CFR part
1065. We are also updating various definitions, as described in Section
II.A. Manufacturers raised some issues in the comment period that
resulted in further minor corrections and adjustments for the final
rule. We also corrected equations for typographical errors.
G. Large Nonroad Spark-Ignition Engines (40 CFR Part 1048)
We adopted emission standards for nonroad spark-ignition engines
over 19 kW in November 2002 (67 FR 68242). The regulations in 40 CFR
part 1048 were our first attempt to draft emission-control regulations
in plain-language format. In the recent final rule for nonroad diesel
engines, we went through a similar process, including extensive
interaction with a different set of manufacturers. This process led us
to adopt regulatory provisions in 40 CFR part 1039 that differ somewhat
from those in part 1048. Since the process of meeting standards,
applying for
[[Page 40426]]
certificates, and complying with other emission-related requirements
has a lot of commonality across programs, we have a strong interest in
adopting consistent provisions and uniform terminology where possible.
As a result, we are making extensive changes in part 1048 to align with
the regulations in part 1039.
For discussion of these changes, see the Technical Support
Document.
H. Recreational Vehicles (40 CFR Part 1051)
We adopted emission standards for recreational vehicles in November
2002 (67 FR 68242). The regulations in 40 CFR part 1051 were our first
attempt to draft emission-control regulations in plain-language format.
In the recent final rule for nonroad diesel engines, we went through a
similar process, including extensive interaction with a different set
of manufacturers. This process led us to adopt regulatory provisions in
40 CFR part 1039 that differ from those in part 1051. Since the process
of meeting standards, applying for certificates, and complying with
other emission-related requirements has a lot of commonality across
programs, we have a strong interest in adopting consistent provisions
and uniform terminology as much as possible. As a result, we are making
extensive changes in part 1051 to align with the regulations in part
1039. These provisions are all discussed in more detail in the
Technical Support Document.
We proposed to add a constraint for averaging, banking, and trading
to prevent manufacturers from including credits earned in California or
another state if there would ever be a situation in which manufacturers
would be making engines with lower emissions to meet more stringent
state standards or to earn emission credits under the state program. We
are adopting this provision in the final rule to require exclusion of
California sales from federal ABT calculations if a company is subject
to more stringent state standards, or if a company generates or uses
emissions credits to show that it meets California standards. This
provision is necessary to prevent double-counting of emission credits.
In the case of recreational vehicles, California adopted emission
standards that predate the EPA rulemaking. The California emission
standards are based on a similar technology assessment, but are in a
different form. For example, California specifies different numerical
standards that apply to hydrocarbon emissions only, while EPA's
standards apply to HC+NOx emissions. Given the difficulty in
comparing these two sets of standards, we are making the judgment that,
for the purposes of ABT calculations, California's current exhaust
emission standards are equivalent to the EPA standards. Under the
current requirements, companies would therefore exclude their
California products from federal ABT calculations only if those
products generate or use emission credits under the California program.
If California adopts new standards for recreational vehicles, we will
again make a judgment regarding the relative stringency of the two
programs for ABT purposes.
I. Locomotives (40 CFR Part 92)
We proposed a variety of changes for our locomotive regulations in
40 CFR part 92 to correct various technical references and
typographical errors. We are finalizing those changes. We are also
finalizing other changes in response to comments. The large majority of
the comments received regarding locomotives came from the Engine
Manufacturers Association (EMA). See the Technical Support Document for
additional information. In addition to the changes being finalized, we
are also publishing the following clarifications in response to public
comments.
EMA asked that remanufacturers be allowed to limit the practice of
not replacing every power assembly with remanufactured power assemblies
at the time of engine remanufacture. Remanufacturers already can limit
this practice just as original manufacturers limit the parts that are
used in their locomotives. In fact, remanufacturers would be expected
to limit this practice to only those cases in which they can be certain
that the previously used power assembly will not cause an engine to
exceed an emission standard. By allowing an engine to be remanufactured
under its certificate, the remanufacturer is assuming responsibility
for the emission performance of that remanufactured engine. We define
remanufactured locomotives to be ``new'', and the certificate holder
has the same responsibilities as the manufacturer of a freshly
manufactured locomotive. The remanufacturer is thus expected to
maintain some degree of control over the remanufacturing process to
ensure that the remanufactured locomotive. For example, the
remanufacturer might limit the certificate to only those engines
remanufactured by installers that has been properly trained. It must be
noted, however, that while certificate holders have responsibility for
the emission performance of locomotives remanufactured under their
certificates, 40 CFR 92.209 also assigns responsibility to others
involved in the remanufacturing process.
EMA asked that EPA not use the term ``offer for sale'' in the
prohibited acts (40 CFR 92.1103). They are concerned that this would be
problematic because locomotives are generally manufactured only after a
sales agreement has been completed. The manufacturer offers to
manufacture and sell a locomotive at least several months before it
actually has obtained a certificate of conformity for the locomotive.
Given this confusion, we are clarifying that EPA does not interpret the
phrase ``offer to sell'' to apply to products that have not yet been
manufactured (or remanufactured, as applicable).
EMA asked that EPA exempt replacement engines as we do in other
nonroad engine programs. However, such exemption is not necessary with
locomotives. Long after the manufacturer has stopped manufacturing
brand new engines, that manufacturer (along with other remanufacturers)
will be certifying remanufacturing systems. Thus, we believe that the
cases in which a brand new engine will be needed will be rare.
Nevertheless, we are finalizing a regulatory change in 40 CFR 92.204 to
explicitly allow manufacturers to include freshly manufactured
locomotive engines in the same engine family as remanufactured
locomotives. We believe that this will resolve the issue, since
manufacturers would merely need to certify a remanufacturing system for
each engine it manufactures.
Finally, we are adopting a provision that will allow manufacturers
to certify locomotives that have total power less than 750 kW. This
provision will allow manufacturers of hybrid locomotives to certify
under 40 CFR part 92. EMA commented that if we do this, we should
specify test procedures and duty-cycle weightings for such hybrids. We
agree that this would be appropriate in the long term, but do not
believe that this rulemaking would be the proper place for such
provisions. Instead, we expect to rely on the testing and calculation
flexibility of 40 CFR 92.207 and 92.132(e) to certify hybrids on a
case-by-case basis.
J. Highway Engines and Vehicles (40 CFR Parts 85 and 86)
Most of the changes we are adopting in parts 85 and 86 apply
uniquely to different types of vehicles or engines. We are, however,
adopting changes to the program for Independent Commercial Importers
that affect all the different applications. The Technical
[[Page 40427]]
Support Document describes how we are limiting the importation of
products where the applicable standards are based on the year of
original production. We continue to allow unlimited importation of
products where the applicable standards are based on the year of
modification.
The following paragraphs provide an overview of the changes for
each type of engine or vehicle. See the Technical Support Document for
a more detailed discussion of these changes.
1. Light-Duty Vehicles
For light-duty vehicles, we are adopting a variety of
clarifications and corrections, especially related to test procedures.
2. Highway Motorcycles
For highway motorcycles, we are correcting fuel specifications,
clarifying the requirements related to engine labels, fixing the
provisions related to using nonroad certificates for highway
motorcycles below 50 cc (consistent with similar changes in other
programs), and making a variety of other minor corrections.
3. Heavy-Duty Highway Engines
As discussed above, we are adopting the lab-testing and field-
testing specifications in part 1065 for heavy-duty highway engines,
including both diesel and Otto-cycle engines. These procedures replace
those currently published in 40 CFR part 86, subpart N.
We proposed to complete the migration of heavy-duty highway test
procedures to part 1065 by the 2008 model year. Manufacturers pointed
out that it would be most appropriate to move this date back to 2010 to
correspond with the implementation of the new emission standards in
that year. We agree that it would be appropriate to make this
transition over several model years to fully migrate to part 1065, no
later than model year 2010. Manufacturers do not need to conduct new
testing if they are able to use carryover data, but any new testing for
2010 and later model years must be done using the part 1065 procedures.
Migrating heavy-duty highway engines to the part 1065 procedures allows
us to include all the testing-related improvements in the HD2007 rule,
including those we have adopted through guidance.\2\ In addition, part
1065 incorporates revisions based on updated procedures for sampling
low concentrations of PM.
---------------------------------------------------------------------------
\2\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------
Another question was raised about how EPA should conduct testing
during this transition stage. We intend to incorporate near-term
upgrades that would make our testing facilities capable of meeting the
requirements in part 1065. Most of the testing methods in part 1065
result in better measurements and should therefore not pose problems,
even if manufacturers based their certification on the test procedures
specified in part 86. Three exceptions to this include the steps for
mapping an engine, denormalizing test cycles, and evaluating cycle-
validation criteria. Changing the specified procedure for these three
items would involve different engine operation that could cause an
engine to have higher or lower emission levels.For all other
parameters, the new procedures would be equivalent, or would give more
accurate or more precise results. We are therefore specifying that we
will follow the manufacturer's procedures for these three items related
to engine operation, but will otherwise consider our tests valid if we
use procedures from either part 86 or part 1065, regardless of the
procedures used by the manufacturer.
EMA responded to our request for comment related to a provision
that would allow engine manufacturers to ship certified engines without
applicable aftertreatment components, while providing for separate
shipment of those components to equipment manufacturers. EMA commented
that such a provision would be appropriate, and that it should be set
up to require either that the component cost be included in the price
of the engine, or auditing requirements for engine manufacturers, but
not both, since the equipment manufacturer has enough incentive to make
the final installation without additional oversight. We agree with
manufacturers that these more flexible arrangements are appropriate for
the prevailing business relationships for heavy-duty highway engines.
There are far fewer manufacturers producing heavy-duty trucks and buses
than nonroad equipment. Engine manufacturers are therefore expected to
be able to maintain control with an approach that requires them either
to include the price of the aftertreatment in the engine price or to
conduct periodic audits of vehicle manufacturers, but not both. In the
periodic audit we require manufacturers to confirm the number of
aftertreatment component shipped is sufficient for the applicable
vehicle production. This confirmation is intended to show that the
vehicle manufacturers have purchasing and manufacturing processes in
place to ensure that they are ordering and receiving enough
aftertreatment components and that each vehicles is equipped with the
correct components. To reduce the risk of noncompliance where the
engine and aftertreatment components are not priced together, we
require that engine manufacturers have a written confirmation that the
vehicle manufacturer has ordered the appropriate aftertreatment before
shipping engines without the otherwise required aftertreatment
components.
We are adopting a test-related provision that was described in the
proposal. We requested comment on approaches to address the concern
that some engines experience significant overspeed excursions when
following the proposed approach to defining maximum test speed and
denormalizing duty cycles. As described in the Technical Support
Document, we are finalizing a provision to define maximum test speed at
the highest speed point at which engines are expected to operate in
use.
III. Public Participation
In the proposed rule, we invited public participation in a public
hearing, a public workshop, and a comment period for written comments.
No one responded to indicate in interest in the public hearing, but we
held the public workshop to talk through a wide range of issues. We
also received written comments from about 20 organizations, mostly
representing manufacturers. Several principle issues raised by
commenters are described in the individual sections above. The Final
Technical Support Document addresses the full range of comments.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to review by
the Office of Management and Budget (OMB) and the requirements of this
Executive Order. The Executive Order defines a ``significant regulatory
action'' as any regulatory action that is likely to result in a rule
that may:
Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities;
[[Page 40428]]
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The Office of Management and Budget reviewed this rule under the
provisions of Executive Order 12866. Any new costs associated with this
rule will be minimal. In addition, some of the changes will
substantially reduce the burden associated with testing, as described
in the Regulatory Support Document.
B. Paperwork Reduction Act
This rule does not include any new collection requirements, as it
merely revises the measurement methods and makes a variety of technical
amendments to existing programs.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule.
For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business as defined
in the underlying rulemakings for each individual category of engines;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this final rule on small
entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
The small entities directly regulated by this rule are small businesses
that produce nonroad engines. We have determined that no small entities
will be negatively affected as a result of this rule. This rule merely
revises the measurement methods and makes a variety of technical
amendments to existing programs. This rule, therefore, does not require
a regulatory flexibility analysis.
Although this rule will not have a significant economic impact on a
substantial number of small entities, EPA nonetheless has tried to
reduce the impact of this rule on small entities. For example, most of
the changes clarify existing requirements, which will reduce the time
needed to comply, and added flexibility, which may allow for a simpler
effort to comply.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law. 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule significantly or uniquely affects small
governments. We have determined that this rule contains no federal
mandates that may result in expenditures of more than $100 million to
the private sector in any single year. This rule merely revises the
measurement methods and makes a variety of technical amendments to
existing programs. The requirements of UMRA therefore do not apply to
this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the
[[Page 40429]]
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
This rule does not have tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and impose compliance costs only on engine manufacturers and ship
builders. Tribal governments will be affected only to the extent they
purchase and use equipment with regulated engines. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, Section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to the Executive Order because it does not
involve decisions on environmental health or safety risks that may
disproportionately affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not likely to have a significant effect
on the supply, distribution, or use of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This rule involves technical standards. The International
Organization for Standardization (ISO) has a voluntary consensus
standard that can be used to test engines. However, the test procedures
in this final rule reflect a level of development that goes
substantially beyond the ISO or other published procedures. The
procedures incorporate new specifications for transient emission
measurements, measuring PM emissions at very low levels, measuring
emissions using field-testing procedures. The procedures we adopt in
this rule will form the working template for ISO and national and state
governments to define test procedures for measuring engine emissions.
As such, we have worked extensively with the representatives of other
governments, testing organizations, and the affected industries.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
V. Statutory Provisions and Legal Authority
Statutory authority for the engine controls adopted in this rule is
in 42 U.S.C. 7401--7671q.
List of Subjects
40 CFR Part 85
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 86
Administrative practice and procedure, Confidential business
information, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements.
40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research, Vessels,
Warranties.
40 CFR Part 90
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 91
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties
40 CFR Part 92
Administrative practice and procedure, Air pollution control,
Confidential business information, Imports, Labeling, Railroads,
Reporting and recordkeeping requirements, Warranties
40 CFR Part 94
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Penalties, Reporting and recordkeeping requirements, Vessels,
Warranties.
40 CFR Parts 1039, 1048, and 1051
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.
[[Page 40430]]
40 CFR Part 1065
Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.
40 CFR Part 1068
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Motor vehicle pollution,
Penalties, Reporting and recordkeeping requirements, Warranties.
Dated: June 3, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
0
1. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
0
2. Section 85.1502 is amended by revising paragraph (a)(14) to read as
follows:
Sec. 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.
* * * * *
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3. Section 85.1503 is amended by revising the section heading and
adding paragraphs (c), (d), and (e) to read as follows:
Sec. 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 Sec. 85.1505 and Sec. 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 Sec. 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).
0
4. Section 85.1513 is amended by revising paragraph (d) to read as
follows:
Sec. 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 Sec. 85.1511(b), or under Sec. 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.
* * * * *
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5. Section 85.1515 is amended by revising paragraphs (c)(1) and (c)(2)
to read as follows:
Sec. 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 Sec.
85.1505 or Sec. 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.
* * * * *
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6. Section 85.1713 is added to subpart R to read as follows:
Sec. 85.1713 Delegated-assembly exemption.
The provisions of this section apply for manufacturers of heavy-
duty
[[Page 40431]]
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 emission-control 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)(3) 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 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 to 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 (c)(3) 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 for five years after the
end of the model year and provide a report to us describing any
uninstalled or improperly installed aftertreatment components. Send us
these reports within 90 days of the audit, except as specified in
paragraph (f) of this section.
(4) In your application for certification, give a detailed plan for
auditing vehicle manufacturers, as described in paragraph (c)(3) 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 CleanAir 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.
[[Page 40432]]
(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.
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7. Section 85.2111 is amended by revising the introductory text and
adding paragraph (d) to read as follows:
Sec. 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.
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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
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9. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
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10. Section 86.004-16 is amended by revising paragraph (d) to read as
follows:
Sec. 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 Sec.
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.
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11. Section 86.004-26 is amended by revising paragraph (c)(4) to read
as follows:
Sec. 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 Sec. 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 Sec.
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 Sec. 86.094-24(f) that no testing is required.
* * * * *
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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:
Sec. 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 Sec. 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:
[[Page 40433]]
[GRAPHIC] [TIFF OMITTED] TR13JY05.000
(3) * * *
(i) Exhaust emissions, as determined under Sec. 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 required to certify to the NOX standard in this
section (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.
* * * * *
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13. Section 86.007-21 is amended by revising paragraph (o) to read as
follows:
Sec. 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 Sec. 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 a brake-specific emission standard is established in this
subpart;
(2) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), brake specific gaseous emission data for each of the 12
non-idle test points (identified under Sec. 86.1360-2007(b)(1)) and
the 3 EPA-selected test points (identified under Sec. 86.1360-
2007(b)(2));
(3) For engines subject to the MAEL (see Sec. 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) 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;
(6) For engines subject to the MAEL (see Sec. 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 Sec. 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.
(7) [Reserved]
* * * * *
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14. Section 86.007-35 is amended by revising paragraph (c) to read as
follows:
Sec. 86.007-35 Labeling.
* * * * *
(c) Vehicles powered by model year 2007 and later diesel-fueled
engines must include permanent, readily visible labels on the dashboard
(or instrument panel) and near all fuel inlets that state ``Use Ultra
Low Sulfur Diesel Fuel Only''; or ``Ultra Low Sulfur DieselFuel Only''.
* * * * *
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15. Part 86 is amended by removing the first Sec. 86.008-10, which was
added on October 6, 2000.
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16. Section 86.084-2 is amended by revising the definition for ``Curb-
idle'' to read as follows:
Sec. 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.
* * * * *
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17. Section 86.095-35 is amended by revising paragraph (a)(3)(iii)(B)
to read as follows:
Sec. 86.095-35 Labeling.
* * * * *
(a) * * *
(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 40CFR 1039.640.
* * * * *
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18. Section 86.096-38 is amended by revising paragraph (g)(19)(iii) to
read as follows:
Sec. 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.
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19. Section 86.121-90 is amended by revising paragraph (d) introductory
text to read as follows:
Sec. 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
[[Page 40434]]
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
andTechnology (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:
rCH4=FIDppm/SAMppm
Where:
* * * * *
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20. Section 86.144-94 is amended by revising paragraph (c)(8)(vi) to
read as follows:
Sec. 86.144-94 Calculations; exhaust emissions.
* * * * *
(c) * * *
(8) * * *
(vi) rCH4=HC FID response to methane as measured in Sec.
86.121(d).
* * * * *
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21. Section 86.158-00 is amended by revising the introductory text to
read as follows:
Sec. 86.158-00 Supplemental Federal Test Procedures; overview.
The procedures described in Sec. Sec. 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.
* * * * *
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22. Section 86.159-00 is amended by revising paragraph (f)(2)(ix) to
read as follows:
Sec. 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).
* * * * *
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23. 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:
Sec. 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.
* * * * *
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24. Section 86.161-00 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 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.
* * * * *
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25. Section 86.164-00 is amended by revising paragraph (c)(1)(i)
introductory text to read as follows:
Sec. 86.164-00 Supplemental federal test procedure calculations.
* * * * *
(c)(1) * * *
(i) YWSFTP = 0.35(YFTP) + 0.37(YSC03)
+ 0.28(YUS06)
Where:
* * * * *
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26. Section 86.410-2006 is amended by adding paragraph (e)(3) to read
as follows:
Sec. 86.410-2006 Emission standards for 2006 and later model year
motorcycles.
* * * * *
(e) * * *
(3) Small-volume manufacturers are not required to comply with
permeation requirements in paragraph (g) of this section until model
year 2010.
* * * * *
0
27. A new Sec. 86.413-2006 is added to read as follows:
Sec. 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 in this section, containing the information provided
in this section, 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:
[[Page 40435]]
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.
0
28. Section 86.447-2006 is revised to read as follows:
Sec. 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 Sec. 86.448-
2006 for similar provisions that apply to vehicles that are certified
to chassis-based standards under 40CFR 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 family's
total sales in the United States 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 engine family's total sales in the United States 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
WITHOUTAFFECTING 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,
[[Page 40436]]
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.
0
29. Section 86.448-2006 is revised to read as follows:
Sec. 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 Sec. 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 are used in highway motorcycles. This
includes highway and off-highway 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
[[Page 40437]]
1051 if they are certified to an FEL that exceeds an applicable
standard.
0
30. In Sec. 86.513-2004, Table 1 in paragraph (a)(1) is revised to
read as follows:
Sec. 86.513-2004 Fuel and engine lubricant specifications.
* * * * *
(a) * * *
(1) * * *
Table 1 of Sec. 86.513-2004--Gasoline Test Fuel Specifications
------------------------------------------------------------------------
Item Procedure Value
------------------------------------------------------------------------
Distillation Range:
------------------------------------------------------------------------
1. Initial boiling point, [deg]C ASTM D 86-97...... 23.9--35.0 \1\
2. 10% point, [deg]C............ ASTM D 86-97...... 48.9--57.2
3. 50% point, [deg]C............ ASTM D 86-97...... 93.3--110.0
4. 90% point, [deg]C............ ASTM D 86-97...... 148.9--162.8
5. End point, [deg]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 ASTM D 323........ 55.2 to 63.4 \1\
Pressure), kPa.
------------------------------------------------------------------------
\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) [deg]C.
* * * * *
0
31. Section 86.884-8 is amended by revising paragraph (c) introductory
text to read as follows:
Sec. 86.884-8 Dynamometer and engine equipment.
* * * * *
(c) An exhaust system with an appropriate type of smokemeter placed
no more than 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:
* * * * *
0
32. Section 86.884-10 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 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.
* * * * *
0
33. Section 86.884-12 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 86.884-12 Test run.
* * * * *
(c) * * *
(2) Warm up the engine by the procedure described in 40 CFR
1065.530.
* * * * *
0
34. 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:
Sec. 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;
* * * * *
0
35. 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:
Sec. 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 4