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(b) The requirements of subpart I of this part apply to remanufactured engines beginning July 7, 2008.

(c) See 40 CFR part 94 for requirements that apply to engines with maximum engine power at or above 37 kW not yet subject to the requirements of this part 1042. See 40 CFR part 89 for requirements that apply to engines with maximum engine power below 37 kW not yet subject to the requirements of this part 1042.

(d) The provisions of §§ 1042.620 and 1042.901 apply for new engines used solely for competition beginning January 1, 2009.

(e) Marine engines powered by natural gas with maximum engine power at or above 250 kW are deemed to be compression-ignition engines. These engines are therefore subject to all the requirements of this part even if they do not meet the definition of

‘‘ compression-ignition ’’ in § 1042.901.

**§ 1042.2 Who is responsible for**  **compliance?**

The regulations in this part 1042 contain provisions that affect both engine manufacturers and others. However, the requirements of this part, other than those of subpart I of this part, are generally addressed to the engine manufacturer for freshly manufactured marine engines or other certificate
holders. The term ‘‘ you ’’ generally means the engine manufacturer, as
defined in § 1042.901, especially for issues related to certification (including production-line testing, reporting, etc.).

**§ 1042.5 Exclusions.** 

This part does not apply to the following marine engines:

(a) Foreign vessels. The requirements and prohibitions of this part do not apply to engines installed on foreign vessels, as defined in § 1042.901.

(b) Hobby engines. Engines with percylinder displacement below 50 cubic centimeters are not subject to the provisions of this part 1042.

**§ 1042.10 Organization of this part.** 

This part 1042 is divided into the following subparts: (a) Subpart A of this part defines the applicability of this part 1042 and gives an overview of regulatory requirements.

(b) Subpart B of this part describes the
emission standards and other requirements that must be met to certify engines under this part. Note that § 1042.145 discusses certain interim requirements and compliance provisions that apply only for a limited

time.

(c) Subpart C of this part describes how to apply for a certificate of conformity.

(d) Subpart D of this part describes general provisions for testing production-line engines.

(e) Subpart E of this part describes general provisions for testing in-use engines.

(f) Subpart F of this part and 40 CFR 1065 describe how to test your engines.

(g) Subpart G of this part and 40 CFR part 1068 describe requirements, prohibitions, and other provisions that apply to engine manufacturers, vessel manufacturers, owners, operators, rebuilders, and all others.

(h) Subpart H of this part describes how you may generate and use emission credits to certify your engines.

(i) Subpart I of this part describes how these regulations apply for remanufactured engines.

(j) Subpart J of this part contains
definitions and other reference
information.

**§ 1042.15 Do any other regulation parts**  **apply to me?**

(a) The evaporative emission requirements of part 1060 of this chapter apply to vessels that include installed engines fueled with a volatile liquid fuel as specified in § 1042.107. ( Note: Conventional diesel fuel is not considered to be a volatile liquid fuel.)

(b) Part 1065 of this chapter describes procedures and equipment specifications for testing engines. Subpart F of this part 1042 describes how to apply the provisions of part 1065 of this chapter to determine whether engines meet the emission standards in this part. (c) The requirements and prohibitions of part 1068 of this chapter apply to everyone, including anyone who manufactures, imports, installs, owns, operates, or rebuilds any of the engines subject to this part 1042, or vessels containing these engines. Part 1068 of this chapter describes general provisions, including these seven areas:

(1) Prohibited acts and penalties for engine manufacturers, vessel manufacturers, and others.

(2) Rebuilding and other aftermarket changes.

(3) Exclusions and exemptions for certain engines.

(4) Importing engines.
(5) Selective enforcement audits of your production.

(6) Defect reporting and recall.
(7) Procedures for hearings.
(d) Other parts of this chapter apply if referenced in this part.

**Subpart B**

**— Emission Standards and**  **Related Requirements**

**§ 1042.101 Exhaust emission standards.** 

(a) Duty-cycle standards . Exhaust emissions from your engines may not exceed emission standards, as follows:

(1)Measure emissions using the test procedures described in subpart F of this part.

(2)The following CO emission standards in this paragraph (a)(2) apply starting with the applicable model year
identified in § 1042.1:

(i) 8.0 g/kW-hr for engines below 8
kW.

(ii) 6.6 g/kW-hr for engines at or above
8 kW and below 19 kW.

(iii)5.5 g/kW-hr for engines at or
above 19 kW and below 37 kW.

(iv)5.0 g/kW-hr for engines at or
above 37 kW.

(3) Except as described in paragraphs (a)(4) and (5) of this section, the Tier 3
standards for PM and NO X +HC emissions are described in the following
tables:

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### TABLE 

### 2 TO 

### § 1042.101.

—T IER 

### 3 S TANDARDS FOR 

### C ATEGORY 

### 2 E NGINES 

### B ELOW 

### 3700 K

### W a

Displacement (L/cyl) Maximum engine power Model year PM (g/kW-hr) NO X+HC (g/kW-hr)

7.0 ≤ disp. < 15.0 ............................................

15.0 ≤ disp. < 20.0 c

........................................ 20.0 ≤ disp. < 25.0 c

........................................ 25.0 ≤ disp. < 30.0 c

........................................ kW < 2000 ......................................................

2000 ≤ kW < 3700 .........................................

kW < 2000 ......................................................

kW < 2000 ......................................................

kW < 2000 ...................................................... 2013+

2013+

2014+

2014+

2014+ 0. 14

0.14

0.34

0.27

0.27 6.2

b 7.8

7.0

9.8

11.0

a No Tier 3 standards apply for Category 2 engines at or above 3700 kW. See § 1042.1(c) and paragraph (a)(7) of this section for the standards that apply for these engines.

b For engines subject to the 7.8 g/kW-hr NO X+HC standard, FELs may not be higher than the Tier 1 NO X standard specified in Appendix I of this part.

c No Tier 3 standards apply for Category 2 engines with per-cylinder displacement above 15.0 liters if maximum engine power is at or above 2000 kW. See § 1042.1(c) and paragraph (a)(7) of this section for the standards that apply for these engines.

(4) For Tier 3 engines at or above 19 kW and below 75 kW with displacement below 0.9 L/cyl, you may alternatively certify some or all of your engine

families to a PM emission standard of

0.20g/kW-hr and a NO X +HC emission standard of 5.8 g/kW-hr for 2014 and later model years.

(5) Starting with the 2014 model year, recreational marine engines at or above 3700 kW (with any displacement) must be certified under this part 1042 to the Tier 3 standards specified in this section for 3.5 to 7.0 L/cyl recreational marine engines.

(6) Interim Tier 4 PM standards apply for 2014 and 2015 model year engines between 2000 and 3700 kW as specified in this paragraph (a)(6). These engines are considered to be Tier 4 engines.

(i) For Category 1 engines, the Tier 3
PM standards from Table 1 to this section continue to apply. PM FELs for these engines may not be higher than the applicable Tier 2 PM standards specified in Appendix I of this part.

(ii) For Category 2 engines with percylinder displacement below 15.0 liters,
the Tier 3 PM standards from Table 2 to this section continue to apply. PM FELs for these engines may not be higher than

0.27g/kW-hr.

(iii) For Category 2 engines with percylinder displacement at or above 15.0 liters, the PM standard is 0.34 g/kW-hr for engines at or above 2000 kW andVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00153 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37247

below 3300 kW, and 0.27 g/kW-hr for 3700 kW. PM FELs for these engines standards for PM, NO X , and HC engines at or above 3300 kW and below may not be higher than 0.50 g/kW-hr. emissions are described in the following (7) Except as described in paragraph table: (a)(8) of this section, the Tier 4



### TABLE 

### 3 TO 

### § 1042.101.

—T IER 

### 4 S TANDARDS FOR 

### C ATEGORY 

### 2 AND 

### C OMMERCIAL 

### C ATEGORY 

### 1 E NGINES 

### A BOVE 

### 600

K

### W

Maximum engine power Displacement (L/cyl) Model year PM (g/kW-hr) NO X (g/kW-hr) HC (g/kW-hr)

600 ≤ kW < 1400 ......................................

1400 ≤ kW < 2000 ....................................

2000 ≤ kW < 3700 a

.................................. kW ≥ 3700 ................................................ all ..............................................................

all ..............................................................

all .............................................................. disp. <15.0 ................................................

15.0 ≤ disp.< 30.0 ....................................

all .............................................................. 2017+

2016+

2014+

2014

–2015

2014

–2015

2016+ 0.04

0.04

0.04

0.12

0.25

0.06 1.8

1.8

1.8

1.8

1.8

1.8 0.19

0. 19

0.19

0.19

0.19

0.19

a See paragraph (a)(6) of this section for interim PM standards that apply for model years 2014 and 2015 for engines between 2000 and 3700 kW. The Tier 4 NO X FEL cap for engines at or above 2000 kW and below 3700 kW is 7.0 g/kW-hr. Starting in the 2016 model year, the Tier 4 PM FEL cap for engines at or above 2000 kW and below 3700 kW is 0.34 g/kW-hr.

(8) The following optional provisions apply for complying with the Tier 3 and Tier 4 standards specified in paragraphs (a)(3) and (6) of this section:

(i) You may use NO X credits accumulated through the ABT program to certify Tier 4 engines to a NO X +HC emission standard of 1.9 g/kW-hr
instead of the NO X and HC standards that would otherwise apply by certifying your family to a NO X +HC
FEL. Calculate the NO X credits needed as specified in subpart H of this part using the NO X +HC emission standard
and FEL in the calculation instead of the otherwise applicable NO X standard and FEL. You may not generate credits

relative to the alternate standard or certify to the standard without using

credits.

(ii) For engines below 1000 kW, you may delay complying with the Tier 4 standards in the 2017 model year for up to nine months, but you must comply no later than October 1, 2017.

(iii) For engines at or above 3700 kW, you may delay complying with the Tier 4 standards in the 2016 model year for up to twelve months, but you must comply no later than December 31,

2016. (iv) For Category 2 engines at or above 1400 kW, you may alternatively comply
with the Tier 3 and Tier 4 standards specified in Table 4 of this section
instead of the NO X , HC, NO X +HC, and PM standards specified in paragraphs (a)(3) and (6) of this section. The CO standards specified in paragraph (a)(2) of this section apply without regard to whether you choose this option. If you choose this option, you must do so for all engines at or above 1400 kW in the same displacement category (that is, 7

– 15, 15

– 20, 20

– 25, or 25

– 30 liters per cylinder) in model years 2012 through

2015.



### TABLE 

### 4 TO 

### § 1042.101.

—O PTIONAL 

### T IER 

### 3 AND 

### T IER 

### 4 S TANDARDS FOR 

### C ATEGORY 

### 2 E NGINES AT OR 

### A BOVE 

### 1400 K

### W

Tier Maximum engine power Model year PM (g/kW-hr) NO X (g/kW-hr) HC (g/kW-hr)

Tier 3 ........................................................

Tier 4 ........................................................ kW ≥ 1400 ................................................

1400 ≤ kW < 3700 ....................................

kW ≥ 3700 ................................................ 2012

–2014

2015

2015 0.14

0.04

0.06 7.8 NO X+HC

1.8 0.19

1.8 0.19

(b) Averaging, banking, and trading. You may generate or use emission credits under the averaging, banking, and trading (ABT) program as described in subpart H of this part for demonstrating compliance with NO X , NO X +HC, and PM emission standards for Category 1 and Category 2 engines. You may also use NO X or NO X +HC emission credits to comply with the
alternate NO X +HC standard in paragraph (a)(8)(i) of this section. Generating or using emission credits requires that you specify a family emission limit (FEL) for each pollutant you include in the ABT program for each engine family. These FELs serve as the emission standards for the engine family with respect to all required testing instead of the standards specified in paragraph (a) of this section. The FELs determine the not-toexceed standards for your engine family, as specified in paragraph (c) of this section. Unless otherwise specified, the following FEL caps apply:

(1) FELs for Tier 3 engines may not be higher than the applicable Tier 2 standards specified in Appendix I of this part.

(2) FELs for Tier 4 engines may not be higher than the applicable Tier 3 standards specified in paragraph (a)(3)
of this section.

(c) Not-to-exceed standards. Except as
noted in § 1042.145(e), exhaust emissions from all engines subject to the requirements of this part may not exceed the not-to-exceed (NTE)
standards as follows:

(1)Use the following equation to
determine the NTE standards: (i) NTE standard for each pollutant =

STD × M.

Where:
STD = The standard specified for that pollutant in this section if you certify without using ABT for that pollutant; or the FEL for that pollutant if you certify using

ABT. M = The NTE multiplier for that pollutant.

(ii) Round each NTE standard to the same number of decimal places as the
emission standard.

(2)Determine the applicable NTE
zone and subzones as described in § 1042.515. Determine NTE multipliers for specific zones and subzones and pollutants as follows:

(i) For commercial marine engines certified using the duty cycle specified

in § 1042.505(b)(1), except for variablespeed propulsion marine engines usedVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00154 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37248 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

with controllable-pitch propellers or with electrically coupled propellers, apply the following NTE multipliers:

(A) Subzone 1: 1.2 for Tier 3 NO X +HC
standards.

(B) Subzone 1: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards.

(C) Subzone 2: 1.5 for NO X +HC
standards.

(D) Subzone 2: 1.9 for PM and CO
standards.

(ii) For recreational marine engines certified using the duty cycle specified

in § 1042.505(b)(2), except for variablespeed marine engines used with controllable-pitch propellers or with electrically coupled propellers, apply the following NTE multipliers:

(A) Subzone 1: 1.2 for Tier 3 NO X +HC
standards.

(B) Subzone 1: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards.

(C) Subzones 2 and 3: 1.5 for NO X +HC
standards.

(D) Subzones 2 and 3: 1.9 for PM and
CO standards.

(iii) For variable-speed marine engines used with controllable-pitch propellers or with electrically coupled propellers that are certified using the duty cycle specified in § 1042.505(b)(1), (2), or (3), apply the following NTE multipliers:

(A) Subzone 1: 1.2 for Tier 3 NO X +HC
standards.

(B) Subzone 1: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards.

(C) Subzone 2: 1.5 for NO X +HC
standards.

(D) Subzone 2: 1.9 for PM and CO standards. However, there is no NTE
standard in Subzone 2b for PM emissions if the engine family ’ s applicable standard for PM is at or above 0.07 g/kW-hr.

(iv) For constant-speed engines certified using a duty cycle specified in § 1042.505(b)(3) or (4), apply the following NTE multipliers:

(A) Subzone 1: 1.2 for Tier 3 NO X +HC
standards.

(B) Subzone 1: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards.

(C) Subzone 2: 1.5 for NO X +HC
standards.

(D) Subzone 2: 1.9 for PM and CO standards. However, there is no NTE standard for PM emissions if the engine family ’ s applicable standard for PM is at or above 0.07 g/kW-hr.

(v) For variable-speed auxiliary marine engines certified using the duty cycle specified in § 1042.505(b)(5)(ii) or (iii):

(A) Subzone 1: 1.2 for Tier 3 NO X +HC
standards.

(B) Subzone 1: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards.

(C) Subzone 2: 1.2 for Tier 3 NO X +HC
standards. (D) Subzone 2: 1.5 for Tier 4 standards
and Tier 3 PM and CO standards. However, there is no NTE standard for PM emissions if the engine family ’ s applicable standard for PM is at or above 0.07 g/kW-hr.

(3) The NTE standards apply to your engines whenever they operate within the NTE zone for an NTE sampling period of at least thirty seconds, during which only a single operator demand set point may be selected. Engine operation during a change in operator demand is excluded from any NTE sampling period. There is no maximum NTE sampling period.

(4) Collect emission data for determining compliance with the NTE standards using the procedures described in subpart F of this part.

(5) You may ask us to accept as compliant an engine that does not fully meet specific requirements under the applicable NTE standards where such deficiencies are necessary for safety.

(d) Fuel types. The exhaust emission standards in this section apply for engines using the fuel type on which the engines in the engine family are designed to operate.

(1) You must meet the numerical emission standards for hydrocarbons in this section based on the following types of hydrocarbon emissions for engines powered by the following fuels:

(i) Alcohol-fueled engines must comply with Tier 3 HC standards based
on THCE emissions and with Tier 4
standards based on NMHCE emissions.

(ii) Natural gas-fueled engines must comply with HC standards based on

NMHC emissions.

(iii) Diesel-fueled and other engines must comply with Tier 3 HC standards
based on THC emissions and with Tier
4 standards based on NMHC emissions.

(2) Tier 3 and later engines must comply with the exhaust emission standards when tested using test fuels containing 15 ppm or less sulfur (ultra low-sulfur diesel fuel). Manufacturers may use low-sulfur diesel fuel (without request) to certify an engine otherwise requiring an ultra low-sulfur test fuel; however, emissions may not be
corrected to account for the effects of using higher sulfur fuel.

(3) Engines designed to operate using residual fuel must comply with the standards and requirements of this part when operated using residual fuel in addition to complying with the requirements of this part when operated using diesel fuel.

(e) Useful life. Your engines must
meet the exhaust emission standards of this section over their full useful life, expressed as a period in years or hours of engine operation, whichever comes
first.

(1)The minimum useful life values are as follows, except as specified by paragraph (e)(2) or (3) of this section:

(i) 10 years or 1,000 hours of operation for recreational Category 1 engines

(ii) 5 years or 3,000 hours of operation for commercial engines below 19 kW.

(iii) 7 years or 5,000 hours of operation for commercial engines at or
above 19 kW and below 37kW.

(iv) 10 years or 10,000 hours of operation for commercial Category 1 engines at or above 37 kW.

(v)10 years or 20,000 hours of operation for Category 2 engines.

(2)Specify a longer useful life in hours for an engine family under either
of two conditions:

(i) If you design, advertise, or market your engine to operate longer than the minimum useful life (your
recommended hours until rebuild indicates a longer design life).

(ii) If your basic mechanical warranty is longer than the minimum useful life.

(3)You may request in your application for certification that we approve a shorter useful life for an engine family. We may approve a shorter useful life, in hours of engine operation but not in years, if we determine that these engines will rarely operate longer than the shorter useful life. If engines identical to those in the engine family have already been produced and are in use, your
demonstration must include
documentation from such in-use engines. In other cases, your
demonstration must include an engineering analysis of information equivalent to such in-use data, such as data from research engines or similar engine models that are already in production. Your demonstration must also include any overhaul interval that you recommend, any mechanical warranty that you offer for the engine or its components, and any relevant customer design specifications. Your demonstration may include any other
relevant information. The useful life value may not be shorter than any of the following:

(i) 1,000 hours of operation. (ii) Your recommended overhaul
interval.

(iii) Your mechanical warranty for the engine.

(f) Applicability for testing. The dutycycle emission standards in this subpart apply to all testing performed according to the procedures in § 1042.505, including certification, production-line, and in-use testing. The not-to-exceed standards apply for all testingVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00155 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37249

performed according to the procedures of subpart F of this part.

**§ 1042.107 Evaporative emission** 

**standards.**

You must design and produce engines fueled with a volatile liquid fuel to minimize evaporative emissions during normal operation, including periods when the engine is shut down. You must also design and produce them to minimize the escape of fuel vapors during refueling. Hoses used to refuel gaseous-fueled engines may not be designed to be bled or vented to the atmosphere under normal operating conditions. No valves or pressure-relief vents may be used on gaseous-fueled engines except as emergency safety devices that do not operate at normal system operating flows and pressures.

**§ 1042.110 Recording reductant use and**  **other diagnostic functions.**

(a) Engines equipped with SCR systems using a reductant other than the engine ’ s fuel must meet the following requirements:

(1) The diagnostic system must monitor reductant quality and tank levels and alert operators to the need to
refill the reductant tank before it is empty, or to replace the reductant if it does not meet your concentration specifications. Unless we approve other alerts, use a malfunction-indicator light (MIL) and an audible alarm. You do not need to separately monitor reductant quality if you include an exhaust NO X sensor (or other sensor) that allows you to determine inadequate reductant quality. However, tank level must be
monitored in all cases.

(2) The onboard computer log must record in nonvolatile computer memory all incidents of engine operation with inadequate reductant injection or reductant quality.

(b) If you determine your emission controls have failure modes that may reasonably be expected to affect safety, equip the engines with diagnostic features that will alert the operator to such failures. Use good engineering judgment to alert the operator before the
failure occurs.

(c) You may equip your engine with other diagnostic features. If you do, they must be designed to allow us to read and interpret the codes. Note that §§ 1042.115 and 1042.205 require that you provide us any information needed to read, record, and interpret all the information broadcast by an engine ’ s onboard computers and electronic
control units. **§ 1042.115 Other requirements.**  Engines that are required to comply with the emission standards of this part must meet the following requirements:

(a) Crankcase emissions. Crankcase emissions may not be discharged directly into the ambient atmosphere from any engine throughout its useful life, except as follows:

(1) Engines may discharge crankcase emissions to the ambient atmosphere if
the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. If you take advantage of this exception, you must do both of the following things:

(i) Manufacture the engines so that all
crankcase emissions can be routed into the applicable sampling systems specified in 40 CFR part 1065.

(ii) Account for deterioration in crankcase emissions when determining
exhaust deterioration factors.

(2) For purposes of this paragraph (a),
crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be discharged directly into the ambient atmosphere.

(b) Torque broadcasting. Electronically controlled engines must broadcast their speed and output shaft torque (in newton-meters). Engines may alternatively broadcast a surrogate value for determining torque. Engines must broadcast engine parameters such that they can be read with a remote device, or broadcast them directly to their
controller area networks. This information is necessary for testing engines in the field (see § 1042.515).

(c) EPA access to broadcast information. If we request it, you must provide us any hardware or tools we would need to readily read, interpret, and record all information broadcast by an engine ’ s on-board computers and electronic control modules. If you broadcast a surrogate parameter for torque values, you must provide us
what we need to convert these into torque units. We will not ask for hardware or tools if they are readily available commercially.

(d) Adjustable parameters. An operating parameter is not considered adjustable if you permanently seal it or if it is not normally accessible using ordinary tools. The following provisions apply for adjustable parameters:

(1) Category 1 engines that have adjustable parameters must meet all the requirements of this part for any adjustment in the physically adjustable range. We may require that you set adjustable parameters to any specification within the adjustable range during any testing, including certification testing, selective enforcement auditing, or in-use testing.

(2) Category 2 engines that have adjustable parameters must meet all the requirements of this part for any adjustment in the specified adjustable range. You must specify in your application for certification the adjustable range of each adjustable parameter on a new engine to

—

(i) Ensure that safe engine operating
characteristics are available within that range, as required by section 202(a)(4) of the Clean Air Act (42 U.S.C. 7521(a)(4)), taking into consideration the production
tolerances.

(ii) Limit the physical range of adjustability to the maximum extent practicable to the range that is necessary for proper operation of the engine.

(e) Prohibited controls. You may notdesign your engines with emissioncontrol devices, systems, or elements of design that cause or contribute to an unreasonable risk to public health, welfare, or safety while operating. For example, this would apply if the engine
emits a noxious or toxic substance it would otherwise not emit, that
contributes to such an unreasonable
risk.

(f) Defeat devices. You may not equip your engines with a defeat device. A defeat device is an auxiliary emission
control device that reduces the
effectiveness of emission controls under conditions that the engine may reasonably be expected to encounter during normal operation and use. This does not apply to auxiliary emission control devices you identify in your certification application if any of the following is true:

(1) The conditions of concern were substantially included in the applicable duty-cycle test procedures described in subpart F of this part (the portion during which emissions are measured). See paragraph (f)(4) of this section for other
conditions.

(2) You show your design is necessary to prevent engine (or vessel) damage or
accidents.

(3) The reduced effectiveness applies only to starting the engine.

**§ 1042.120 Emission-related warranty**  **requirements.**

(a) General requirements. You must warrant to the ultimate purchaser and each subsequent purchaser that the new engine, including all parts of its emission control system, meets two
conditions:

(1)It is designed, built, and equipped
so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00156 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37250 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(2) It is free from defects in materials and workmanship that may keep it from meeting these requirements.

(b) Warranty period. Your emissionrelated warranty must be valid for at least as long as the minimum warranty periods listed in this paragraph (b) in hours of operation and years, whichevercomes first. You may offer an emissionrelated warranty more generous than we require. The emission-related warranty for the engine may not be shorter than any published warranty you offer without charge for the engine. Similarly, the emission-related warranty for any component may not be shorter than any published warranty you offer without charge for that component. If an engine has no hour meter, we base the warranty periods in this paragraph (b) only on the engine ’ s age (in years).

The warranty period begins when the engine is placed into service. The following minimum warranty periods apply:

(1) For Category 1 and Category 2 engines, your emission-related warranty must be valid for at least 50 percent of the engine ’ s useful life in hours of operation or a number of years equal to at least 50 percent of the useful life in years, whichever comes first.

(2) [Reserved] (c) Components covered. The emission-related warranty covers all components whose failure would increase an engine ’ s emissions of any pollutant, including those listed in 40 CFR part 1068, Appendix I, and those from any other system you develop to
control emissions. The emission-related warranty for freshly manufactured marine engines covers these components even if another company produces the component. Your emission-related warranty does not cover components whose failure would not increase an engine ’ s emissions of any pollutant. For remanufactured engines, your emission-related warranty does not cover used parts that are not replaced during the remanufacture.

(d) Limited applicability. You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use,
as described in 40 CFR 1068.115.

(e) Owners manual. Describe in the
owners manual the emission-related warranty provisions from this section that apply to the engine.

**§ 1042.125 Maintenance instructions for**  **Category 1 and Category 2 engines.**

Give the ultimate purchaser of each new engine written instructions for properly maintaining and using the engine, including the emission control system, as described in this section. The maintenance instructions also apply toservice accumulation on your emissiondata engines as described in § 1042.245 and in 40 CFR part 1065. This section applies only to Category 1 and Category 2 engines.

(a) Critical emission-related

maintenance. Critical emission-related maintenance includes any adjustment, cleaning, repair, or replacement of critical emission-related components. This may also include additional emission-related maintenance that you determine is critical if we approve it in advance. You may schedule critical
emission-related maintenance on these components if you meet the following
conditions:

(1) You demonstrate that the maintenance is reasonably likely to be
done at the recommended intervals on in-use engines. We will accept scheduled maintenance as reasonably likely to occur if you satisfy any of the following conditions:

(i) You present data showing that any
lack of maintenance that increases emissions also unacceptably degrades the engine ’ s performance.

(ii) You present survey data showing that at least 80 percent of engines in the field get the maintenance you specify at
the recommended intervals.

(iii) You provide the maintenance free of charge and clearly say so in
maintenance instructions for the

customer.

(iv) You otherwise show us that the maintenance is reasonably likely to be
done at the recommended intervals.

(2) For engines below 130 kW, youmay not schedule critical emissionrelated maintenance more frequently than the following minimum intervals, except as specified in paragraphs (a)(4), (b), and (c) of this section:

(i) For EGR-related filters and coolers, PCV valves, and fuel injector tips (cleaning only), the minimum interval is 1,500 hours.

(ii) For the following components, including associated sensors and actuators, the minimum interval is 3,000 hours: Fuel injectors, turbochargers, catalytic converters, electronic control units, particulate traps, trap oxidizers, components related to particulate traps and trap oxidizers, EGR systems (including related components, but excluding filters and coolers), and other add-on components. For particulate traps, trap oxidizers, and components related to either of these, maintenance is limited to cleaning and repair only.

(3) For Category 1 and Category 2 engines at or above 130 kW, you may
not schedule critical emission-related maintenance more frequently than the following minimum intervals, except as specified in paragraphs (a)(4), (b), and (c) of this section:

(i) For EGR-related filters and coolers, PCV valves, and fuel injector tips (cleaning only), the minimum interval is 1,500 hours.

(ii) For the following components, including associated sensors and actuators, the minimum interval is 4500 hours: Fuel injectors, turbochargers, catalytic converters, electronic control units, particulate traps, trap oxidizers, components related to particulate traps and trap oxidizers, EGR systems (including related components, but excluding filters and coolers), and other add-on components. For particulate traps, trap oxidizers, and components related to either of these, maintenance is limited to cleaning and repair only.

(4) We may approve shorter
maintenance intervals than those listed in paragraph (a)(3) of this section where technologically necessary.

(5) If your engine family has an
alternate useful life under § 1042.101(e) that is shorter than the period specified in paragraph (a)(2) or (a)(3) of this section, you may not schedule critical
emission-related maintenance more frequently than the alternate useful life, except as specified in paragraph (c) of
this section.

(b) Recommended additional

maintenance. You may recommend any
additional amount of maintenance on the components listed in paragraph (a) of this section, as long as you state clearly that these maintenance steps arenot necessary to keep the emissionrelated warranty valid. If operators do the maintenance specified in paragraph (a) of this section, but not the recommended additional maintenance, this does not allow you to disqualify those engines from in-use testing or deny a warranty claim. Do not take these maintenance steps during service accumulation on your emission-data engines.

(c) Special maintenance. You may specify more frequent maintenance to address problems related to special situations, such as atypical engine operation. You must clearly state that
this additional maintenance is associated with the special situation you are addressing.

(d) Noncritical emission-related

maintenance. Subject to the provisions of this paragraph (d), you may schedule any amount of emission-related inspection or maintenance that is not covered by paragraph (a) of this section (that is, maintenance that is neitherexplicitly identified as critical emissionrelated maintenance, nor that we approve as critical emission-related maintenance). Noncritical emission-VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00157 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37251

related maintenance generally includes maintenance on the components we specify in 40 CFR part 1068, Appendix

I. You must state in the owners manual that these steps are not necessary to keep the emission-related warranty valid. If operators fail to do this maintenance, this does not allow you to disqualify those engines from in-use testing or deny a warranty claim. Do not take these inspection or maintenance steps during service accumulation on your emission-data engines.

(e) Maintenance that is not emissionrelated. For maintenance unrelated to emission controls, you may schedule any amount of inspection or maintenance. You may also take these inspection or maintenance steps duringservice accumulation on your emissiondata engines, as long as they are reasonable and technologically necessary. This might include adding engine oil, changing air, fuel, or oil filters, servicing engine-cooling systems, and adjusting idle speed, governor, engine bolt torque, valve lash, or injector lash. You may perform this
nonemission-related maintenance on emission-data engines at the least frequent intervals that you recommend to the ultimate purchaser (but not
intervals recommended for severe service).

(f) Source of parts and repairs. State clearly on the first page of your written maintenance instructions that a repair shop or person of the owner ’ s choosing may maintain, replace, or repair emission control devices and systems. Your instructions may not require components or service identified by brand, trade, or corporate name. Also, do not directly or indirectly condition your warranty on a requirement that the engine be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship. You may disregard the requirements in this paragraph (f) if you do one of two things:

(1) Provide a component or service without charge under the purchase
agreement.

(2) Get us to waive this prohibition in the public ’ s interest by convincing us the engine will work properly only with the identified component or service.

(g) Payment for scheduled

maintenance. Owners are responsible for properly maintaining their engines. This generally includes paying for scheduled maintenance. However, manufacturers must pay for scheduled maintenance during the useful life if it meets all the following criteria:

(1) Each affected component was not in general use on similar engines before the applicable dates shown in paragraph (6) of the definition of ‘‘ new marine engine ’’ in § 1042.901.

(2) The primary function of each affected component is to reduce

emissions.

(3) The cost of the scheduled maintenance is more than 2 percent of the price of the engine.

(4) Failure to perform the
maintenance would not cause clear problems that would significantly degrade the engine ’ s performance.

(h) Owners manual. Explain the

owner ’ s responsibility for proper
maintenance in the owners manual.

**§ 1042.130 Installation instructions for** 
**vessel manufacturers.**

(a) If you sell an engine for someone else to install in a vessel, give the engine installer instructions for installing it consistent with the requirements of this part. Include all information necessary to ensure that an engine will be installed in its certified configuration.

(b) Make sure these instructions have the following information:

(1) Include the heading: ‘‘ Emissionrelated installation instructions ’’

.

(2) State: ‘‘ Failing to follow these instructions when installing a certified engine in a vessel violates federal law (40 CFR 1068.105(b)), subject to fines or other penalties as described in the Clean

Air Act. ’’

.

(3) Describe the instructions needed to properly install the exhaust system and any other components. Include
instructions consistent with the requirements of § 1042.205(u).

(4) Describe any necessary steps for installing the diagnostic system
described in § 1042.110.

(5) Describe any limits on the range of applications needed to ensure that the engine operates consistently with your application for certification. For example, if your engines are certified only for constant-speed operation, tell
vessel manufacturers not to install the engines in variable-speed applications or modify the governor.

(6) Describe any other instructions to make sure the installed engine will operate according to design specifications in your application for certification. This may include, for example, instructions for installing aftertreatment devices when installing the engines.

(7) State: ‘‘ If you install the engine in a way that makes the engine ’ s emission
control information label hard to read during normal engine maintenance, you must place a duplicate label on the vessel, as described in 40 CFR

1068.105. ’’

.

(8) Describe any vessel labeling requirements specified in § 1042.135. (c) You do not need installation instructions for engines you install in your own vessels.

(d) Provide instructions in writing or in an equivalent format. For example, you may post instructions on a publicly available Web site for downloading or printing. If you do not provide the instructions in writing, explain in your application for certification how you
will ensure that each installer is
informed of the installation requirements.

**§ 1042.135 Labeling.** 

(a)Assign each engine a unique identification number and permanently affix, engrave, or stamp it on the engine in a legible way.

(b)At the time of manufacture, affix a permanent and legible label identifying each engine. The label must
be

—

(1)Attached in one piece so it is not removable without being destroyed or
defaced.

(2)Secured to a part of the engine needed for normal operation and not normally requiring replacement.

(3)Durable and readable for the engine ’ s entire life.

(4)Written in English. (c)The label must

— (1)Include the heading ‘‘ EMISSION

CONTROL INFORMATION ’’

.

(2)Include your full corporate name and trademark. You may identify another company and use its trademark instead of yours if you comply with the provisions of § 1042.640.

(3)Include EPA ’ s standardized designation for the engine family (and subfamily, where applicable).

(4)Identify all the emission standards that apply to the engine (or FELs, if applicable). If you do not declare an FEL under subpart H of this part, you may alternatively state the engine ’ s category, displacement (in liters or L/cyl), maximum engine power (in kW), and power density (in kW/L) as needed to
determine the emission standards for the engine family. You may specify displacement, maximum engine power, or power density as a range consistent with the ranges listed in § 1042.101. See § 1042.140 for descriptions of how to specify per-cylinder displacement, maximum engine power, and power density.

(5)State the date of manufacture [DAY (optional), MONTH, and YEAR]. However, you may omit this from the label if you stamp or engrave it on the engine, in which case you must also describe in your application for certification where you will identify the date on the engine.

(6)Identify the application(s) for which the engine family is certifiedVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00158 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37252 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(such as constant-speed auxiliary, variable-speed propulsion engines used with fixed-pitch propellers, etc.). If the engine is certified as a recreational engine, state: ‘‘ INSTALLING THIS

RECREATIONAL ENGINE IN A

COMMERCIAL VESSEL OR USING THE

VESSEL FOR COMMERCIAL

PURPOSES MAY VIOLATE FEDERAL LAW SUBJECT TO CIVIL PENALTY (40 CFR 1042.601). ’’

.

(7) For engines requiring ULSD, state:

‘‘ ULTRA LOW SULFUR DIESEL FUEL

ONLY ’’

.

(8) State the useful life for your engine family if the applicable useful life is based on the provisions of § 1042.101(e)(2) or (3).

(9) Identify the emission control system. Use terms and abbreviations consistent with SAE J1930 (incorporated by reference in § 1042.910). You may
omit this information from the label if there is not enough room for it and you put it in the owners manual instead.

(10) State: ‘‘ THIS MARINE ENGINE

COMPLIES WITH U.S. EPA REGULATIONS FOR [MODEL YEAR]. ’’

.

(11) For an engine that can be modified to operate on residual fuel, but
has not been certified to meet the standards on such a fuel, include the

statement: ‘‘ THIS ENGINE IS

CERTIFIED FOR OPERATION ONLY

WITH DIESEL FUEL. MODIFYING THE

ENGINE TO OPERATE ON RESIDUAL

OR INTERMEDIATE FUEL MAY BE A

VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTIES. ’’

.

(d) You may add information to the
emission control information label as
follows:

(1) You may identify other emission standards that the engine meets or does not meet (such as international standards). You may include this information by adding it to the statement we specify or by including a separate statement.

(2) You may add other information to ensure that the engine will be properly
maintained and used.

(3) You may add appropriate features to prevent counterfeit labels. For example, you may include the engine ’ s unique identification number on the
label.

(e) For engines requiring ULSD, create a separate label with the statement:

‘‘ ULTRA LOW SULFUR DIESEL FUEL

ONLY ’’ . Permanently attach this label to the vessel near the fuel inlet or, if you do not manufacture the vessel, take one of the following steps to ensure that the vessel will be properly labeled:

(1) Provide the label to each vessel
manufacturer and include in the
emission-related installation instructions the requirement to place
this label near the fuel inlet.

(2) Confirm that the vessel
manufacturers install their own complying labels.

(f) You may ask us to approve modified labeling requirements in this part 1042 if you show that it is necessary or appropriate. We will approve your request if your alternate
label is consistent with the intent of the labeling requirements of this part.

(g) If you obscure the engine label while installing the engine in the vessel
such that the label will be hard to read during normal maintenance, you must place a duplicate label on the vessel. If others install your engine in their vessels in a way that obscures the engine label, we require them to add a duplicate label on the vessel (see 40 CFR 1068.105); in that case, give them the number of duplicate labels they request and keep the following records for at least five years:

(1) Written documentation of the request from the vessel manufacturer.

(2) The number of duplicate labels you send for each family and the date you sent them.

**§ 1042.140 Maximum engine power,**  **displacement, and power density.**

This section describes how to determine the maximum engine power, displacement, and power density of an engine for the purposes of this part. Note that maximum engine power may
differ from the definition of ‘‘ maximum test power ’’ in § 1042.901.

(a) An engine configuration ’ s maximum engine power is the maximum brake power point on the nominal power curve for the engine configuration, as defined in this section. Round the power value to the nearest
whole kilowatt.

(b) The nominal power curve of an engine configuration is the relationship between maximum available engine brake power and engine speed for an engine, using the mapping procedures of 40 CFR part 1065, based on the
manufacturer ’ s design and production specifications for the engine. This information may also be expressed by a torque curve that relates maximum available engine torque with engine speed.

(c) An engine configuration ’ s percylinder displacement is the intended swept volume of each cylinder. The swept volume of the engine is the product of the internal cross-section area of the cylinders, the stroke length, and the number of cylinders. Calculate the engine ’ s intended swept volume from the design specifications for the cylinders using enough significant figures to allow determination of the displacement to the nearest 0.02 liters. Determine the final value by truncating digits to establish the per-cylinder displacement to the nearest 0.1 liters. For example, for an engine with circular cylinders having an internal diameter of

13.0cm and a 15.5 cm stroke length, the rounded displacement would be: (13.0/ 2) 2 × (π ) × (15.5) ÷ 1000 = 2.0 liters.

(d)The nominal power curve and intended swept volume must be within the range of the actual power curves and swept volumes of production engines considering normal production variability. If after production begins, it is determined that either your nominal power curve or your intended swept volume does not represent production engines, we may require you to amend your application for certification under § 1042.225.

(e)Throughout this part, references to a specific power value for an engine are based on maximum engine power. For example, the group of engines with maximum engine power above 600 kW may be referred to as engines above 600
kW.

(f) Calculate an engine family ’ s power density in kW/L by dividing the unrounded maximum engine power by the engine ’ s unrounded per-cylinder displacement, then dividing by the number of cylinders. Round the
calculated value to the nearest whole
number.

**§ 1042.145 Interim provisions.** 

(a) General. The provisions in this section apply instead of other provisions in this part for Category 1 and Category 2 engines. This section describes when these interim provisions expire.

(b) Delayed standards. Postmanufacturer marinizers that are smallvolume engine manufacturers may delay compliance with the Tier 3 standards for engines below 600 kW as follows:

(1)You may delay compliance with the Tier 3 standards for one model year, as long as the engines meet all the requirements that apply to Tier 2 engines.

(2)You may delay compliance with the NTE standards for Tier 3 engines for three model years in addition to the one-year delay specified in paragraph (b)(1) of this section, as long as the engines meet all other Tier 3 requirements for the appropriate model

year.

(c) Part 1065 test procedures. You must generally use the test procedures specified in subpart F of this part, including the applicable test procedures in 40 CFR part 1065. As specified in this paragraph (c), you may use aVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00159 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37253

combination of the test procedures specified in this part and the test procedures specified for Tier 2 engines before January 1, 2015. After this date, you must use test procedures only as specified in subpart F of this part.

(1) You may determine maximum test speed for engines below 37 kW as specified in 40 CFR part 89 without request through the 2009 model year.

(2) Before January 1, 2015, you may ask to use some or all of the procedures specified in 40 CFR part 94 (or 40 CFR part 89 for engines below 37 kW) for engines certified under this part 1042. If you ask to rely on a combination of procedures under this paragraph (c)(2), we will approve your request only if you show us that it does not affect your ability to demonstrate compliance with the applicable emission standards. This generally requires that the combined procedures would result in emission measurements at least as high as those that would be measured using the procedures specified in this part. Alternatively, you may demonstrate that
the combined effects of the different procedures is small relative to your compliance margin (the degree to which your emissions are below the applicable standards).

(d) [Reserved] (e) Delayed compliance with NTE
standards. Engines below 56 kW may delay complying with the NTE standards specified in § 1042.101(c) until the 2013 model year. Engines at or above 56 kW and below 75 kW may delay complying with the NTE standards specified in § 1042.101(c) until the 2012 model year. (f) In-use compliance limits. The provisions of this paragraph (f) apply for the first three model years of the Tier 4 standards. For purposes of determining compliance based on testing other than certification or production-line testing, calculate the applicable in-use compliance limits by adjusting the applicable standards/FELs. The PM adjustment does not apply for engines

with a PM standard or FEL above 0.04 g/kW-hr. The NO X adjustment does not apply for engines with a NO X FEL above

2.7g/kW-hr. Add the applicable adjustments in one of the following tables to the otherwise applicable

standards and NTE limits. You mustspecify during certification which addons, if any, will apply for your engines.



### TABLE 

### 1 TO 

### § 1042.145.

— I N



### - USE 

### A DJUSTMENTS FOR THE 

### F IRST 

### T HREE 

### M ODEL 

### Y EARS OF THE 

### T IER 

### 4 S TANDARDS

Fraction of useful life already used In-use adjustments (g/kW-hr)

For Tier 4 NO X

standards For Tier 4 PM standards

0 < hours ≤ 50% of useful life .............................................................................................................

............ 50 < hours ≤ 75% of useful life .............................................................................................................

.......... hours > 75% of useful life .....................................................................................................

.......................... 0.9

1.3

1.7 0.02

0.02

0.02



### TABLE 

### 2 TO 

### § 1042.145.

—O PTIONAL 

### I N



### - USE 

### A DJUSTMENTS FOR THE 

### F IRST 

### T HREE 

### M ODEL 

### Y EARS OF THE 

### T IER 

### 4
S TANDARDS

Fraction of useful life already used In-use adjustments (g/kW-hr)

For model year 2017 and earlier

Tier 4 NO X standards For model year 2017 and earlier Tier 4 PM standards

0 < hours ≤ 50% of useful life .............................................................................................................

............ 50 < hours ≤ 75% of useful life .............................................................................................................

.......... hours > 75% of useful life .....................................................................................................

.......................... 0.3

0.4

0.5 0.05

0.05

0.05

(g) Deficiencies for NTE standards

. You may ask us to accept as compliant an engine that does not fully meet specific requirements under the applicable NTE standards. Such

deficiencies are intended to allow for

minor deviations from the NTE

standards under limited conditions. We expect your engines to have functioning

emission control hardware that allows you to comply with the NTE standards.

(1) Request our approval for specific deficiencies in your application for certification, or before you submit your application. We will not approve deficiencies retroactively to cover engines already certified. In your request, identify the scope of each deficiency and describe any auxiliary emission control devices you will use to control emissions to the lowest practical level, considering the deficiency you are requesting.

(2) We will approve a deficiency only if compliance would be infeasible or unreasonable considering such factors as the technical feasibility of the given hardware and the applicable lead time and production cycles. We may
consider other relevant factors.

(3) Our approval applies only for a single model year and may be limited to specific engine configurations. We may approve your request for the same deficiency in the following model year if correcting the deficiency would require unreasonable hardware or
software modifications and we determine that you have demonstrated an acceptable level of effort toward complying.

(4) You may ask for any number of
deficiencies in the first three model years during which NTE standards apply for your engines. For the next four model years, we may approve up to three deficiencies per engine family. Deficiencies of the same type that apply similarly to different power ratings within a family count as one deficiency per family. We may condition approval of any such additional deficiencies during these four years on any
additional conditions we determine to be appropriate. We will not approve deficiencies after the seven-year period specified in this paragraph (g)(4), unless they are related to safety.

**Subpart C**

**— Certifying Engine Families** 

**§ 1042.201 General requirements for**  **obtaining a certificate of conformity.**

(a)You must send us a separate application for a certificate of conformity for each engine family. AVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00160 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37254 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

certificate of conformity is valid starting with the indicated effective date, but it is not valid for any production after December 31 of the model year for
which it is issued. No certificate will be
issued after December 31 of the model

year.

(b) The application must contain all the information required by this part
and must not include false or incomplete statements or information (see § 1042.255).

(c) We may ask you to include less information than we specify in this subpart, as long as you maintain all the information required by § 1042.250.

(d) You must use good engineering judgment for all decisions related to your application (see 40 CFR 1068.5).

(e) An authorized representative of your company must approve and sign the application.

(f) See § 1042.255 for provisions describing how we will process your application.

(g) We may require you to deliver your test engines to a facility we designate for our testing (see § 1042.235(c)).

(h) For engines that become new as a
result of substantial modifications or for engines installed on imported vessels that become subject to the requirements of this part, we may specify alternate certification provisions consistent with the intent of this part. See the definition
of ‘‘ new marine engine ’’ in § 1042.901.

**§ 1042.205 Application requirements.** 

This section specifies the information that must be in your application, unless we ask you to include less information
under § 1042.201(c). We may require you to provide additional information to evaluate your application.

(a) Describe the engine family ’ s specifications and other basic parameters of the engine ’ s design and emission controls. List the fuel type on which your engines are designed to operate (for example, ultra low-sulfur diesel fuel). List each distinguishable engine configuration in the engine family. For each engine configuration, list the maximum engine power and the range of values for maximum engine power resulting from production tolerances, as described in § 1042.140.

(b) Explain how the emission control system operates. Describe in detail all system components for controlling exhaust emissions, including all auxiliary emission control devices (AECDs) and all fuel-system components you will install on any production or test engine. Identify the part number of each component you describe. For this paragraph (b), treat as separate AECDs any devices that modulate or activate differently from each other. Include all the following:

(1) Give a general overview of the engine, the emission control strategies,
and all AECDs.

(2) Describe each AECD ’ s general purpose and function.

(3) Identify the parameters that each AECD senses (including measuring, estimating, calculating, or empiricallyderiving the values). Include vesselbased parameters and state whether you simulate them during testing with the applicable procedures.

(4) Describe the purpose for sensing each parameter.

(5) Identify the location of each sensor
the AECD uses.

(6) Identify the threshold values for the sensed parameters that activate the

AECD.

(7) Describe the parameters that the AECD modulates (controls) in response to any sensed parameters, including the range of modulation for each parameter, the relationship between the sensed parameters and the controlled parameters and how the modulation
achieves the AECD ’ s stated purpose. Use graphs and tables, as necessary.

(8) Describe each AECD ’ s specific calibration details. This may be in the form of data tables, graphical representations, or some other description.

(9) Describe the hierarchy among the AECDs when multiple AECDs sense or modulate the same parameter. Describe whether the strategies interact in a comparative or additive manner and identify which AECD takes precedence in responding, if applicable.

(10) Explain the extent to which the AECD is included in the applicable test procedures specified in subpart F of this part.

(11) Do the following additional things for AECDs designed to protect engines or vessels:

(i) Identify the engine and/or vessel design limits that make protection necessary and describe any damage that
would occur without the AECD.

(ii) Describe how each sensed parameter relates to the protected components ’ design limits or those operating conditions that cause the need for protection.

(iii) Describe the relationship between the design limits/parameters being protected and the parameters sensed or calculated as surrogates for those design limits/parameters, if applicable.

(iv) Describe how the modulation by the AECD prevents engines and/or vessels from exceeding design limits.

(v) Explain why it is necessary to estimate any parameters instead of measuring them directly and describe how the AECD calculates the estimated value, if applicable.

(vi) Describe how you calibrate the AECD modulation to activate only during conditions related to the stated need to protect components and only as needed to sufficiently protect those components in a way that minimizes the emission impact.

(c) If your engines are equipped with an engine diagnostic system, explain how it works, describing especially the engine conditions (with the corresponding diagnostic trouble codes)
that cause the malfunction-indicator light to go on.

(d) Describe the engines you selected for testing and the reasons for selecting
them.

(e) Describe the test equipment and procedures that you used, including the duty cycle(s) and the corresponding engine applications. Also describe any special or alternate test procedures you
used.

(f) Describe how you operated the emission-data engine before testing, including the duty cycle and the number of engine operating hours used to stabilize emission levels. Explain why you selected the method of service accumulation. Describe any scheduled maintenance you did.

(g) List the specifications of the test
fuel to show that it falls within the required ranges we specify in 40 CFR part 1065.

(h) Identify the engine family ’ s useful
life.

(i) Include the maintenance and warranty instructions you will give to the ultimate purchaser of each new engine (see §§ 1042.120 and 1042.125). Describe your plan for meeting warranty obligations under §§ 1042.120.

(j) Include the emission-related installation instructions you will provide if someone else installs your engines in a vessel (see § 1042.130).

(k) Describe your emission control information label (see § 1042.135).

(l) Identify the emission standards and/or FELs to which you are certifying engines in the engine family.

(m) Identify the engine family ’ s deterioration factors and describe how you developed them (see § 1042.245). Present any emission test data you used
for this.

(n) State that you operated your emission-data engines as described in the application (including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part.

(o) Present emission data for HC,

NO X , PM, and CO on an emission-data engine to show your engines meet emission standards as specified inVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00161 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37255

§ 1042.101. Show emission figures before and after applying adjustment factors for regeneration and deterioration factors for each pollutant and for each engine. If we specify more than one grade of any fuel type (for example, high-sulfur and low-sulfur diesel fuel), you need to submit test data only for one grade, unless the regulations of this part specify otherwise for your engine.

Include emission results for each mode if you do discrete-mode testing
under § 1042.505. Note that §§ 1042.235 and 1042.245 allows you to submit an application in certain cases without new
emission data.

(p) For Category 1 and Category 2 engines, state that all the engines in the engine family comply with the applicable not-to-exceed emission
standards in § 1042.101 for all normal operation and use when tested as specified in § 1042.515. Describe any relevant testing, engineering analysis, or
other information in sufficient detail to support your statement.

(q) [Reserved] (r) Report all test results, including those from invalid tests, whether or not they were conducted according to the test procedures of subpart F of this part. If you measure CO 2 , report those emission levels (in g/kW-hr). We may ask you to send other information to confirm that your tests were valid under the requirements of this part and 40 CFR part 1065.

(s) Describe all adjustable operating parameters (see § 1042.115(d)), including production tolerances. Include the following in your description of each parameter:

(1) The nominal or recommended setting.

(2) The intended physically adjustable

range.

(3) The limits or stops used to establish adjustable ranges.

(4) For Category 1 engines, information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your intended physically adjustable ranges.

(5) For Category 2 engines, propose a range of adjustment for each adjustable parameter, as described in § 1042.115(d). Include information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your proposed adjustable

ranges.

(t) Provide the information to read, record, and interpret all the information broadcast by an engine ’ s onboard computers and electronic control units. State that, upon request, you will give us any hardware, software, or tools we would need to do this. If you broadcast a surrogate parameter for torque values, you must provide us what we need to convert these into torque units. You may reference any appropriate publicly
released standards that define conventions for these messages and parameters. Format your information consistent with publicly released
standards.

(u) Confirm that your emission-related installation instructions specify how to ensure that sampling of exhaust emissions will be possible after engines are installed in vessels and placed in service. Show how to sample exhaust emissions in a way that prevents diluting the exhaust sample with
ambient air.

(v) State whether your certification is limited for certain engines. If this is the case, describe how you will prevent use of these engines in applications for which they are not certified. This applies for engines such as the following:

(1) Constant-speed engines. (2) Engines used with controllablepitch propellers.

(3) Recreational engines. (w) Unconditionally certify that all the engines in the engine family comply with the requirements of this part, other referenced parts of the CFR, and the
Clean Air Act.

(x) Include good-faith estimates of U.S.-directed production volumes. Include a justification for the estimated production volumes if they are substantially different than actual production volumes in earlier years for
similar models.

(y) Include the information required by other subparts of this part. For example, include the information required by § 1042.725 if you participate in the ABT program.

(z) Include other applicable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions.

(aa) Name an agent for service located
in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.

(bb) The following provisions apply for imported engines:

(1) Describe your normal practice for importing engines. For example, this may include identifying the names and addresses of any agents you have authorized to import your engines. Engines imported by nonauthorized agents are not covered by your
certificate.

(2)For engines below 560 kW, identify a test facility in the United States where you can test your engines if we select them for testing under a selective enforcement audit, as specified in 40 CFR part 1068.

**§ 1042.210 Preliminary approval.** 

If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission control devices, deterioration factors, useful life, testing for service accumulation, maintenance, and compliance with not-to-exceed
standards. See § 1042.245 for specific provisions that apply for deterioration
factors. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary approval related to the upcoming model year or the model year after that, we will
make best-efforts to make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years
ahead of time.

**§ 1042.220 Amending maintenance** 

**instructions.**

You may amend your emissionrelated maintenance instructions after you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of § 1042.125. You must send the Designated Compliance Officer a written request to amend your application for certification for an engine family if you want to change the
emission-related maintenance instructions in a way that could affect emissions. In your request, describe the proposed changes to the maintenance instructions. We will approve your request if we determine that the
amended instructions are consistent with maintenance you performed on emission-data engines such that your durability demonstration would remain valid. If operators follow the original
maintenance instructions rather than the newly specified maintenance, this does not allow you to disqualify those engines from in-use testing or deny a warranty claim.

(a)If you are decreasing, replacing, or eliminating or any specified maintenance, you may distribute theVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00162 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37256 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

new maintenance instructions to your customers 30 days after we receive your request, unless we disapprove your request. We may approve a shorter time or waive this requirement.

(b) If your requested change would not decrease the specified maintenance, you may distribute the new maintenance instructions anytime after you send your request. For example, this paragraph (b) would cover adding instructions to increase the frequency of a maintenance step for engines in severe-duty applications.

(c) You do not need to request approval if you are making only minor corrections (such as correcting typographical mistakes), clarifying your maintenance instructions, or changing
instructions for maintenance unrelated
to emission control.

**§ 1042.225 Amending applications for** 

**certification.**

Before we issue you a certificate of conformity, you may amend your application to include new or modified engine configurations, subject to the provisions of this section. After we have issued your certificate of conformity, you may send us an amended application requesting that we include new or modified engine configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information included in your application.

(a) You must amend your application before you take any of the following

actions:

(1) Add an engine configuration to an engine family. In this case, the engine configuration added must be consistent with other engine configurations in the engine family with respect to the criteria
listed in § 1042.230.

(2) Change an engine configuration already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine ’ s lifetime.

(3) Modify an FEL for an engine family as described in paragraph (f) of
this section.

(b) To amend your application for certification as specified in paragraph (a) of this section, send the Designated Compliance Officer the following
information:

(1) Describe in detail the addition or change in the engine model or configuration you intend to make. (2) Include engineering evaluations or data showing that the amended engine family complies with all applicable requirements. You may do this by showing that the original emission-data engine is still appropriate with respect to showing compliance of the amended family with all applicable requirements.

(3) If the original emission-data engine for the engine family is not appropriate to show compliance for the new or modified engine configuration, include new test data showing that the new or modified engine configuration meets the requirements of this part.

(c) We may ask for more test data or engineering evaluations. You must give us these within 30 days after we request
them.

(d) For engine families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your newly added or modified engine. You may ask for a hearing if we deny your request (see § 1042.920).

(e) For engine families already covered by a certificate of conformity, you may start producing the new or modified engine configuration anytime after you send us your amended application and before we make a decision under paragraph (d) of this section. However, if we determine that the affected engines do not meet applicable requirements, we will notify you to cease production of the engines and may require you to recall the engines at no expense to the owner. Choosing to produce engines under this paragraph (e) is deemed to be consent to recall all engines that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph (c) of this section within 30 days, you must stop producing the new or modified engines.

(f) You may ask us to approve a change to your FEL in certain cases after the start of production. The changed FEL may not apply to engines you have already introduced into U.S. commerce, except as described in this paragraph (f). If we approve a changed FEL after the start of production, you must include
the new FEL on the emission control information label for all engines produced after the change. You may ask us to approve a change to your FEL in the following cases:

(1) You may ask to raise your FEL for your emission family at any time. In your request, you must show that you
will still be able to meet the emission standards as specified in subparts B and H of this part. If you amend your application by submitting new test data to include a newly added or modified engine or fuel-system component, as described in paragraph (b)(3) of this section, use the appropriate FELs with corresponding production volumes to calculate your production-weighted average FEL for the model year, as described in subpart H of this part. If you amend your application without submitting new test data, you must use the higher FEL for the entire family to calculate your production-weighted average FEL under subpart H of this part.

(2) You may ask to lower the FEL for your emission family only if you have test data from production engines showing that emissions are below the proposed lower FEL. The lower FEL applies only to engines you produce after we approve the new FEL. Use the appropriate FELs with corresponding production volumes to calculate your production-weighted average FEL for the model year, as described in subpart H of this part.

**§ 1042.230 Engine families.** 

(a)For purposes of certification, divide your product line into families of engines that are expected to have
similar emission characteristics throughout the useful life as described in this section. You may not group Category 1 and Category 2 engines in the same family. Your engine family is limited to a single model year.

(b)For Category 1 engines, group engines in the same engine family if they are the same in all the following aspects:

(1)The combustion cycle and the fuel with which the engine is intended or designed to be operated.

(2)The cooling system (for example, raw-water vs. separate-circuit cooling).

(3)Method of air aspiration. (4)Method of exhaust aftertreatment (for example, catalytic converter or particulate trap).

(5)Combustion chamber design. (6)Nominal bore and stroke. (7)Number of cylinders (for engines with aftertreatment devices only).

(8)Cylinder arrangement (for engines with aftertreatment devices only).

(9)Method of control for engine operation other than governing (i.e., mechanical or electronic).

(10) Application (commercial or recreational).

(11) Numerical level of the emission standards that apply to the engine, except as allowed under paragraphs (f) and (g) of this section.

(c)For Category 2 engines, group engines in the same engine family if they are the same in all the following aspects:VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00163 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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(1) The combustion cycle (e.g., diesel cycle).

(2) The fuel with which the engine is intended or designed to be operated and the fuel system configuration.

(3) The cooling system (for example, air-cooled or water-cooled), and procedure(s) employed to maintain engine temperature within desired limits (thermostat, on-off radiator fans, radiator shutters, etc.).

(4) The method of air aspiration (turbocharged, supercharged, naturally aspirated, Roots blown).

(5) The turbocharger or supercharger general performance characteristics (e.g., approximate boost pressure, approximate response time, approximate size relative to engine displacement).

(6) The type of air inlet cooler (air-toair, air-to-liquid, approximate degree to which inlet air is cooled).

(7) The type of exhaust aftertreatment system (oxidation catalyst, particulate trap), and characteristics of the aftertreatment system (catalyst loading, converter size vs. engine size).

(8) The combustion chamber configuration and the surface-to-volume
ratio of the combustion chamber when the piston is at top dead center position, using nominal combustion chamber
dimensions.

(9) Nominal bore and stroke
dimensions.

(10) The location of the piston rings on the piston.

(11) The intake manifold induction port size and configuration.

(12) The exhaust manifold port size and configuration.

(13) The location of the intake and exhaust valves (or ports).

(14) The size of the intake and exhaust valves (or ports).

(15) The approximate intake and exhaust event timing and duration (valve or port).

(16) The configuration of the fuel injectors and approximate injection

pressure.

(17) The type of fuel injection system controls (i.e., mechanical or electronic).

(18) The overall injection timing characteristics, or as appropriate ignition timing characteristics (i.e., the deviation of the timing curves from the optimal fuel economy timing curve must be similar in degree).

(19) The type of smoke control
system.

(d) [Reserved] (e) You may subdivide a group of engines that is identical under paragraph (b) or (c) of this section into different engine families if you show the expected emission characteristics are different during the useful life. However, for the purpose of applying small-volume family provisions of this part, we will consider the otherwise applicable engine family criteria of this

section.

(f) You may group engines that are not identical with respect to the things listed in paragraph (b) or (c) of this section in the same engine family, as
follows:

(1) In unusual circumstances, you may group such engines in the same engine family if you show that their emission characteristics during the
useful life will be similar.

(2) If you are a small-volume engine manufacturer, you may group any Category 1 engines into a single engine family or you may group any Category 2 engines into a single engine family.This also applies if you are a postmanufacture marinizer modifying a base engine that has a valid certificate of conformity for any kind of nonroad or heavy-duty highway engine under this chapter.

(3) The provisions of this paragraph (f) do not exempt any engines from meeting the standards and requirements in subpart B of this part.

(g) If you combine engines that are subject to different emission standards into a single engine family under paragraph (f) of this section, you must certify the engine family to the more stringent set of standards for that model

year.

**§ 1042.235 Emission testing required for a**  **certificate of conformity.**

This section describes the emission testing you must perform to show compliance with the emission standards

in § 1042.101(a). See § 1042.205(p) regarding emission testing related to the
NTE standards. See §§ 1042.240 and 1042.245 and 40 CFR part 1065, subpart E, regarding service accumulation before emission testing.

(a) Select an emission-data engine from each engine family for testing. For engines at or above 560 kW, you may use a development engine that is equivalent in design to the engine being certified. Using good engineering judgment, select the engine configuration most likely to exceed an applicable emission standard over the useful life, considering all exhaust emission constituents and the range of installation options available to vessel
manufacturers.

(b) Test your emission-data engines using the procedures and equipment specified in subpart F of this part.

(c) We may measure emissions from any of your test engines or other engines from the engine family, as follows: (1) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the test engine to a test facility we designate. The test engine you provide must include appropriate manifolds, aftertreatment devices, electronic control units, and other emission-related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need.

(2) If we measure emissions from one of your test engines, the results of that testing become the official emission results for the engine. Unless we later invalidate these data, we may decide not to consider your data in determining if your engine family meets applicable requirements.

(3) Before we test one of your engines, we may set its adjustable parameters to any point within the specified adjustable ranges (see § 1042.115(d)).

(4)Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter.

(d)You may ask to use emission data from a previous model year instead of doing new tests, but only if all the following are true:

(1)The engine family from the previous model year differs from the current engine family only with respect to model year or other characteristics unrelated to emissions. You may also ask to add a configuration subject to § 1042.225.

(2)The emission-data engine from the previous model year remains the appropriate emission-data engine under paragraph (b) of this section.

(3)The data show that the emissiondata engine would meet all the requirements that apply to the engine family covered by the application for certification. For engines originally tested under the provisions of 40 CFR part 94, you may consider those test procedures to be equivalent to the procedures we specify in subpart F of this part.

(e)We may require you to test a second engine of the same or different configuration in addition to the engine tested under paragraph (b) of this

section.

(f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00164 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37258 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

**§ 1042.240 Demonstrating compliance with** 

**exhaust emission standards.**

(a) For purposes of certification, your engine family is considered in compliance with the emission standards

in § 1042.101(a) if all emission-data engines representing that family have test results showing deteriorated
emission levels at or below these standards. Note that your FELs are considered to be the applicable emission standards with which you must comply if you participate in the ABT program in subpart H of this part.

(b) Your engine family is deemed not to comply if any emission-data engine representing that family has test results showing a deteriorated emission level above an applicable emission standard for any pollutant.

(c) To compare emission levels from the emission-data engine with the applicable emission standards for Category 1 and Category 2 engines, apply deterioration factors to the
measured emission levels for each pollutant. Section 1042.245 specifies how to test your engine to develop deterioration factors that represent the deterioration expected in emissions over your engines ’ full useful life. Your
deterioration factors must take into account any available data from in-usetesting with similar engines. Smallvolume engine manufacturers and postmanufacture marinizers may use assigned deterioration factors that we establish. Apply deterioration factors as
follows:

(1) Additive deterioration factor for
exhaust emissions . Except as specified in paragraph (c)(2) of this section, use
an additive deterioration factor for
exhaust emissions. An additive
deterioration factor is the difference
between exhaust emissions at the end of
the useful life and exhaust emissions at the low-hour test point. In these cases, adjust the official emission results for each tested engine at the selected test point by adding the factor to the
measured emissions. If the deterioration factor is less than zero, use zero.
Additive deterioration factors must be specified to one more decimal place than the applicable standard.

(2) Multiplicative deterioration factor for exhaust emissions . Use a multiplicative deterioration factor if good engineering judgment calls for the deterioration factor for a pollutant to be
the ratio of exhaust emissions at the end
of the useful life to exhaust emissions at the low-hour test point. For example, if you use aftertreatment technology that controls emissions of a pollutant proportionally to engine-out emissions, it is often appropriate to use a multiplicative deterioration factor. Adjust the official emission results for each tested engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the deterioration factor is less than one, use one. A multiplicative deterioration factor may not be appropriate in cases where testing variability is significantly greater than engine-to-engine variability. Multiplicative deterioration factors must be specified to one more significant figure than the applicable standard.

(3) Deterioration factor for crankcase

emissions . If your engine vents
crankcase emissions to the exhaust or to the atmosphere, you must account for crankcase emission deterioration, using good engineering judgment. You may use separate deterioration factors for crankcase emissions of each pollutant (either multiplicative or additive) or
include the effects in combined
deterioration factors that include
exhaust and crankcase emissions together for each pollutant.

(d) Collect emission data using
measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph (c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded
emission levels to the emission standard for each emission-data engine. In the
case of NO X +HC standards, apply the deterioration factor to each pollutant
and then add the results before rounding.

**§ 1042.245 Deterioration factors.** 

For Category 1 and Category 2 engines, establish deterioration factors,
as described in § 1042.240, to determine whether your engines will meet emission standards for each pollutant throughout the useful life. This section
describes how to determine deterioration factors, either with an engineering analysis, with pre-existing test data, or with new emission

measurements.

(a) You may ask us to approve deterioration factors for an engine family with established technology based on engineering analysis instead of testing. Engines certified to a NO X +HC standard or FEL greater than the Tier 3

NO X +HC standard are considered to rely on established technology for gaseous emission control, except that this does not include any engines that use exhaust-gas recirculation or aftertreatment. In most cases, technologies used to meet the Tier 1 and
Tier 2 emission standards would be considered to be established technology. We must approve your plan to establish a deterioration factor under this paragraph (a) before you submit your application for certification.

(b) You may ask us to approve deterioration factors for an engine family based on emission measurements from similar highway, stationary, or nonroad engines (including locomotive engines or other marine engines) if you have already given us these data for certifying the other engines in the same or earlier model years. Use good engineering judgment to decide whether the two engines are similar. We must approve your plan to establish a
deterioration factor under this paragraph (b) before you submit your application for certification. We will approve your request if you show us
that the emission measurements fromother engines reasonably represent inuse deterioration for the engine family for which you have not yet determined
deterioration factors.

(c) If you are unable to determine deterioration factors for an engine family under paragraph (a) or (b) of this section, first get us to approve a plan for determining deterioration factors based
on service accumulation and related testing. We will respond to your proposed plan within 45 days of receiving your request. Your plan must involve measuring emissions from an emission-data engine at least three times, which are evenly spaced over the service-accumulation period unless we specify otherwise, such that the resulting measurements and calculations will represent the deterioration expected from in-use engines over the full useful life. You may use extrapolation to determine deterioration factors once you have established a trend of changing emissions with age for each pollutant. You may use an engine installed in a
vessel to accumulate service hours instead of running the engine only in the laboratory. You may perform maintenance on emission-data engines
as described in § 1042.125 and 40 CFR part 1065, subpart E.

(d) Include the following information in your application for certification:

(1) If you determine your
deterioration factors based on test data from a different engine family, explain why this is appropriate and include all
the emission measurements on which you base the deterioration factor.

(2) If you determine your
deterioration factors based on engineering analysis, explain why this is appropriate and include a statement that all data, analyses, evaluations, and other information you used are available for our review upon request.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00165 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37259

(3) If you do testing to determine deterioration factors, describe the form and extent of service accumulation, including a rationale for selecting the service-accumulation period and the method you use to accumulate hours.

**§ 1042.250 Recordkeeping and reporting.** 

(a) If you produce engines under any provisions of this part that are related to production volumes, send the Designated Compliance Officer a report within 30 days after the end of the model year describing the total number of engines you produced in each engine family. For example, if you use special provisions intended for small-volume engine manufacturers, report your U.S.- directed production volumes to show that you do not exceed the applicable
limits.

(b) Organize and maintain the following records:

(1) A copy of all applications and any summary information you send us.

(2) Any of the information we specify

in § 1042.205 that you were not required to include in your application.

(3) A detailed history of each emission-data engine. For each engine, describe all of the following:

(i) The emission-data engine ’ s construction, including its origin and buildup, steps you took to ensure that it represents production engines, any components you built specially for it, and all the components you include in your application for certification.

(ii) How you accumulated engine operating hours (service accumulation), including the dates and the number of
hours accumulated.

(iii) All maintenance, including modifications, parts changes, and other service, and the dates and reasons for
the maintenance.

(iv) All your emission tests (valid and invalid), including documentation on routine and standard tests, as specified in part 40 CFR part 1065, and the date and purpose of each test.

(v) All tests to diagnose engine or emission control performance, giving
the date and time of each and the
reasons for the test.

(vi) Any other significant events. (4) Production figures for each engine family divided by assembly plant.

(5) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity.

(c) Keep data from routine emission tests (such as test cell temperatures and relative humidity readings) for one year
after we issue the associated certificate of conformity. Keep all other information specified in paragraph (a) of this section for eight years after we issue your certificate. (d) Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any

time.

(e) Send us copies of any engine

maintenance instructions or explanations if we ask for them.

**§ 1042.255 EPA decisions.** 

(a) If we determine your application is complete and shows that the engine family meets all the requirements of this part and the Clean Air Act, we will issue a certificate of conformity for your engine family for that model year. We may make the approval subject to
additional conditions.

(b) We may deny your application for certification if we determine that your engine family fails to comply with
emission standards or other requirements of this part or the Clean Air Act. Our decision may be based on
a review of all information available to us. If we deny your application, we will explain why in writing.

(c) In addition, we may deny your application or suspend or revoke your certificate if you do any of the following:

(1) Refuse to comply with any testing or reporting requirements.

(2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent).

(3) Render inaccurate any test data.

(4) Deny us from completing authorized activities (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance.

(5) Produce engines for importation
into the United States at a location where local law prohibits us from carrying out authorized activities.

(6) Fail to supply requested information or amend your application to include all engines being produced.

(7) Take any action that otherwise
circumvents the intent of the Clean Air Act or this part.

(d) We may void your certificate if you do not keep the records we require or do not give us information as required under this part or the Clean Air

Act.

(e) We may void your certificate if we find that you intentionally submitted false or incomplete information.

(f) If we deny your application or suspend, revoke, or void your certificate, you may ask for a hearing (see § 1042.920). **Subpart D**

**— Testing Production-line**  **Engines**

**§ 1042.301 General provisions.** 

(a)If you produce engines that are subject to the requirements of this part, you must test them as described in this subpart, except as follows:

(1)Small-volume engine manufacturers may omit testing under this subpart.

(2)We may exempt Category 1 engine families with a projected U.S.-directed production volume below 100 engines from routine testing under this subpart. Request this exemption in your application for certification and include your basis for projecting a production
volume below 100 units. You must promptly notify us if your actual production exceeds 100 units during the model year. If you exceed the production limit or if there is evidence of a nonconformity, we may require you to test production-line engines under this subpart, or under 40 CFR part 1068, subpart D, even if we have approved an exemption under this paragraph (a)(2).

(3)[Reserved] (b)We may suspend or revoke your certificate of conformity for certain engine families if your production-line engines do not meet the requirements of this part or you do not fulfill your obligations under this subpart (see §§ 1042.325 and 1042.340).

(c)Other requirements apply to engines that you produce. Other regulatory provisions authorize us to suspend, revoke, or void your certificate of conformity, or order recalls for engine families without regard to whether they have passed these production-line testing requirements. The requirements of this subpart do not affect our ability to do selective enforcement audits, as described in 40 CFR part 1068. Individual engines in families that pass these production-line testing requirements must also conform to all applicable regulations of this part and 40 CFR part 1068.

(d) You may use alternate programs or measurement methods for testing production-line engines in the following

circumstances:

(1)[Reserved] (2)You may test your engines using the CumSum procedures specified in 40 CFR part 1045 or 1051 instead of the procedures specified in this subpart, except that the threshold for establishing quarterly or annual test periods is based on U.S.-directed production volumes of 800 instead of 1600. This alternate program does not require prior approval.

(3)You may ask to use another alternate program or measurementVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00166 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37260 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

method for testing production-line engines. In your request, you must show us that the alternate program gives equal assurance that your engines meet the requirements of this part. We may waive some or all of this subpart ’ s requirements if we approve your alternate program.

(e) If you certify an engine family with carryover emission data, as described in § 1042.235(d), and these equivalent engine families consistently pass the production-line testing requirements over the preceding two-year period, you may ask for a reduced testing rate for further production-line testing for that family. The minimum testing rate is one engine per engine family. If we reduce your testing rate, we may limit our approval to any number of model years. In determining whether to approve your request, we may consider the number of engines that have failed the emission

tests.

(f) We may ask you to make a reasonable number of production-line engines available for a reasonable time so we can test or inspect them for compliance with the requirements of this part. See 40 CFR 1068.27.

**§ 1042.305 Preparing and testing**  **production-line engines.**

This section describes how to prepare and test production-line engines. You must assemble the test engine in a way that represents the assembly procedures for other engines in the engine family. You must ask us to approve any deviations from your normal assembly procedures for other production engines in the engine family.

(a) Test procedures . Test your production-line engines using the applicable testing procedures in subpartF of this part to show you meet the dutycycle emission standards in subpart B of this part. The not-to-exceed standards apply for this testing, but you need not do additional testing to show thatproduction-line engines meet the not-toexceed standards.

(b) Modifying a test engine . Once an engine is selected for testing (see § 1042.310), you may adjust, repair, prepare, or modify it or check its emissions only if one of the following is

true:

(1) You document the need for doing so in your procedures for assembling and inspecting all your production engines and make the action routine for all the engines in the engine family.

(2) This subpart otherwise specifically allows your action.

(3) We approve your action in
advance.

(c) Engine malfunction . If an engine malfunction prevents further emission testing, ask us to approve your decision to either repair the engine or delete it from the test sequence.

(d) Setting adjustable parameters

. Before any test, we may require you to adjust any adjustable parameter on a Category 1 engine to any setting within its physically adjustable range. We may adjust or require you to adjust any adjustable parameter on a Category 2 engine to any setting within its specified adjustable range.

(1) We may require you to adjust idle speed outside the physically adjustable range as needed, but only until the engine has stabilized emission levels (see paragraph (e) of this section). We may ask you for information needed to
establish an alternate minimum idle speed.

(2) We may specify adjustments within the physically adjustable range or the specified adjustable range by considering their effect on emission levels, as well as how likely it is someone will make such an adjustment with in-use engines.

(e) Stabilizing emission levels . You may stabilize emission levels (or establish a Green Engine Factor for Category 2 engines) before you test production-line engines, as follows:

(1) You may stabilize emission levels by operating the engine in a way that represents the way production engines will be used, using good engineering judgment, for no more than the greater of two periods:

(i) 300 hours. (ii) The number of hours you operated your emission-data engine for certifying the engine family (see 40 CFR part 1065, subpart E, or the applicable regulations governing how you should prepare your test engine).

(2) For Category 2 engines, you may ask us to approve a Green Engine Factor for each regulated pollutant for each engine family. Use the Green Engine Factor to adjust measured emission
levels to establish a stabilized low-hour
emission level.

(f) Damage during shipment. If shipping an engine to a remote facility for production-line testing makes necessary an adjustment or repair, you
must wait until after the initial emission test to do this work. We may waive this requirement if the test would be impossible or unsafe, or if it would permanently damage the engine. Report to us in your written report under § 1042.345 all adjustments or repairs you make on test engines before each

test.

(g) Retesting after invalid tests . You may retest an engine if you determine
an emission test is invalid under subpart F of this part. Explain in your written report reasons for invalidating any test and the emission results from all tests. If you retest an engine, you may ask us to substitute results of the new tests for the original ones. You must ask us within ten days of testing. We will generally answer within ten days after we receive your information.

**§ 1042.310 Engine selection.** 

(a)Determine minimum sample sizes
as follows:

(1)For Category 1 engines, the minimum sample size is one engine or one percent of the projected U.S.- directed production volume for all your Category 1 engine families, whichever is greater.

(2)For Category 2 engines, the minimum sample size is one engine or one percent of the projected U.S.- directed production volume for all your Category 2 engine families, whichever is greater.

(b)Randomly select one engine from each engine family early in the model year. For further testing to reach the minimum sample size, randomly select a proportional sample from each engine family, with testing distributed evenly over the course of the model year, unless we specify a different schedule for your tests. For example, we may require you to disproportionately select engines from the early part of a model year for a new engine model that has notpreviously been subject to productionline testing.

(c)For each engine that fails to meet emission standards, test two engines from the same engine family from the next fifteen engines produced or within seven days, whichever is later. If an engine fails to meet emission standards for any pollutant, count it as a failing engine under this paragraph (c).

(d) Continue testing until one of the following things happens:

(1)You test the number of engines specified in paragraphs (a) and (c) of
this section.

(2)The engine family does not comply according to § 1042.315 or you choose to declare that the engine family does not comply with the requirements of this subpart.

(3) You test 30 engines from the engine family.

(e)You may elect to test more randomly chosen engines than we require under this section.

**§ 1042.315 Determining compliance.** 

This section describes the pass-fail criteria for the production-line testing requirements. We apply these criteria on an engine-family basis. See § 1042.320 for the requirements that apply to individual engines that fail a production-line test.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00167 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37261

(a) Calculate your test results as
follows:

(1) Initial and final test results

. Calculate the test results for each engine. If you do several tests on an engine, calculate the initial test results, then add them together and divide by
the number of tests for the final test results on that engine. Include the Green Engine Factor to determine low-hour emission results, if applicable.

(2) Final deteriorated test results

. Apply the deterioration factor for the engine family to the final test results (see § 1042.240(c)).

(3) Round deteriorated test results

. Round the results to one more decimal place than the applicable emission
standard.

(b) If a production-line engine fails to meet emission standards and you test two additional engines as described in § 1042.310, calculate the average emission level for each pollutant for the three engines. If the calculated average emission level for any pollutant exceeds the applicable emission standard, the engine family fails the production-line testing requirements of this subpart. Tell us within ten working days if this happens. You may request to amend the application for certification to raise the FEL of the engine family as described in § 1042.225(f).

**§ 1042.320 What happens if one of my**  **production-line engines fails to meet**
**emission standards?**

(a) If you have a production-line engine with final deteriorated test results exceeding one or more emission standards (see § 1042.315(a)), the certificate of conformity is automatically suspended for that failing engine. You must take the following actions before your certificate of conformity can cover that engine:

(1) Correct the problem and retest the engine to show it complies with all
emission standards.

(2) Include in your written report a description of the test results and the remedy for each engine (see § 1042.345).

(b) You may request to amend the application for certification to raise the FEL of the entire engine family at this point (see § 1042.225).

(c) For catalyst-equipped engines, you may ask us to allow you to exclude an initial failed test if all of the following

are true:

(1) The catalyst was in a green condition when tested initially.

(2) The engine met all emission
standards when retested after degreening the catalyst.

(3) No additional emission-related maintenance or repair was performed
between the initial failed test and the subsequent passing test. **§ 1042.325 What happens if an engine**  **family fails the production-line testing requirements?** 

(a) We may suspend your certificate of conformity for an engine family if it fails
under § 1042.315. The suspension may apply to all facilities producing engines from an engine family, even if you find noncompliant engines only at one facility.

(b) We will tell you in writing if we suspend your certificate in whole or in part. We will not suspend a certificate until at least 15 days after the engine family fails. The suspension is effective when you receive our notice.

(c) Up to 15 days after we suspend the certificate for an engine family, you may ask for a hearing (see § 1042.920). If we agree before a hearing occurs that we used erroneous information in deciding to suspend the certificate, we will
reinstate the certificate.

(d) Section 1042.335 specifies steps you must take to remedy the cause of the engine family ’ s production-line failure. All the engines you have produced since the end of the last test period are presumed noncompliant and should be addressed in your proposed remedy. We may require you to apply the remedy to engines produced earlier
if we determine that the cause of the failure is likely to have affected the earlier engines.

(e) You may request to amend the application for certification to raise the FEL of the entire engine family as
described in § 1051.225(f). We will approve your request if it is clear that you used good engineering judgment in establishing the original FEL.

**§ 1042.330 Selling engines from an engine**  **family with a suspended certificate of conformity.** 

You may sell engines that you produce after we suspend the engine family ’ s certificate of conformity under § 1042.315 only if one of the following

occurs:

(a) You test each engine you produce and show it complies with emission standards that apply.

(b) We conditionally reinstate the certificate for the engine family. We may do so if you agree to recall all the affected engines and remedy any noncompliance at no expense to the owner if later testing shows that the engine family still does not comply.

**§ 1042.335 Reinstating suspended** 

**certificates.**

(a) Send us a written report asking us to reinstate your suspended certificate. In your report, identify the reason for noncompliance, propose a remedy for the engine family, and commit to a date for carrying it out. In your proposed remedy include any quality control measures you propose to keep the problem from happening again.

(b) Give us data from production-line testing that shows the remedied engine family complies with all the emission standards that apply.

**§ 1042.340 When may EPA revoke my**  **certificate under this subpart and how may I sell these engines again?** 

(a)We may revoke your certificate for an engine family in the following cases:

(1)You do not meet the reporting requirements.

(2)Your engine family fails to comply with the requirements of this subpart and your proposed remedy to address a suspended certificate under § 1042.325 is inadequate to solve the problem or requires you to change the engine ’ s design or emission control system.

(b)To sell engines from an engine family with a revoked certificate of conformity, you must modify the engine family and then show it complies with the requirements of this part.

(1)If we determine your proposed design change may not control emissions for the engine ’ s full useful life, we will tell you within five working days after receiving your report. In this
case we will decide whether production-line testing will be enough for us to evaluate the change or whether you need to do more testing.

(2)Unless we require more testing, you may show compliance by testing production-line engines as described in this subpart.

(3)We will issue a new or updated certificate of conformity when you have met these requirements.

**§ 1042.345 Reporting.** 

(a)Within 45 days of the end of each quarter in which production-line testing occurs, send us a report with the following information:

(1)Describe any facility used to test production-line engines and state its
location.

(2)State the total U.S.-directed production volume and number of tests for each engine family.

(3)Describe how you randomly selected engines.

(4)Describe each test engine, including the engine family ’ s identification and the engine ’ s model year, build date, model number, identification number, and number of hours of operation before testing. Also describe how you developed and applied the Green Engine Factor, if applicable.

(5)Identify how you accumulated hours of operation on the engines andVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00168 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37262 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

describe the procedure and schedule you used.

(6) Provide the test number; the date, time and duration of testing; test procedure; initial test results before and after rounding; final test results; and
final deteriorated test results for all
tests. Provide the emission results for all measured pollutants. Include
information for both valid and invalid tests and the reason for any
invalidation.

(7) Describe completely and justify any nonroutine adjustment, modification, repair, preparation, maintenance, or test for the test engine if you did not report it separately under this subpart. Include the results of any emission measurements, regardless of the procedure or type of engine.

(8) Report on each failed engine as
described in § 1042.320.

(9) Identify when the model year ends for each engine family.

(b) We may ask you to add information to your written report so we can determine whether your new engines conform with the requirements of this subpart.

(c) An authorized representative of your company must sign the following

statement:

We submit this report under sections
208 and 213 of the Clean Air Act. Our production-line testing conformed completely with the requirements of 40 CFR part 1042. We have not changed production processes or quality-control procedures for test engines in a way that might affect emission controls. All the information in this report is true and accurate to the best of my knowledge. I know of the penalties for violating the Clean Air Act and the regulations. (Authorized Company Representative)

(d) Send electronic reports of production-line testing to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a

waiver.

(e) We will send copies of your reports to anyone from the public who
asks for them. See § 1042.915 for
information on how we treat information you consider confidential.

**§ 1042.350 Recordkeeping.** 

(a) Organize and maintain your
records as described in this section. We may review your records at any time.

(b) Keep records of your productionline testing for eight years after you complete all the testing required for an engine family in a model year. You may use any appropriate storage formats or
media. (c) Keep a copy of the written reports
described in § 1042.345.

(d) Keep the following additional
records:

(1) A description of all test equipment for each test cell that you can use to test production-line engines.

(2) The names of supervisors involved
in each test.

(3) The name of anyone who authorizes adjusting, repairing, preparing, or modifying a test engine and the names of all supervisors who
oversee this work.

(4) If you shipped the engine for testing, the date you shipped it, the associated storage or port facility, and the date the engine arrived at the testing facility.

(5) Any records related to your production-line tests that are not in the written report.

(6) A brief description of any significant events during testing not
otherwise described in the written report or in this section.

(7) Any information specified in § 1042.345 that you do not include in your written reports.

(e) If we ask, you must give us projected or actual production figures for an engine family. We may ask you to divide your production figures by maximum engine power, displacement, fuel type, or assembly plant (if you produce engines at more than one plant).

(f) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity. Give us this list within 30 days if we ask
for it.

(g) We may ask you to keep or send other information necessary to implement this subpart.

**Subpart E**

**— In-use Testing** 

**§ 1042.401 General Provisions.** 

We may perform in-use testing of any engine subject to the standards of this part.

**Subpart F**

**— Test Procedures** 

**§ 1042.501 How do I run a valid emission** 

**test?**

(a) Use the equipment and procedures for compression-ignition engines in 40 CFR part 1065 to determine whether Category 1 and Category 2 engines meet the duty-cycle emission standards in § 1042.101(a). Measure the emissions of all regulated pollutants as specified in 40 CFR part 1065. Use the applicable duty cycles specified in § 1042.505.

(b) Section 1042.515 describes the supplemental test procedures for evaluating whether engines meet the not-to-exceed emission standards in § 1042.101(c).

(c) Use the fuels and lubricants specified in 40 CFR part 1065, subpart H, for all the testing we require in this part, except as specified in § 1042.515.

(1) For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use.

(2) For diesel-fueled engines, use the appropriate diesel fuel specified in 40 CFR part 1065, subpart H, for emission testing. Unless we specify otherwise, the appropriate diesel test fuel is the ultra low-sulfur diesel fuel. If we allow you to use a test fuel with higher sulfur levels, identify the test fuel in your application for certification and ensure
that the emission control information label is consistent with your selection of the test fuel (see § 1042.135(c)(11)). For Category 2 engines, you may ask to use commercially available diesel fuel similar but not necessarily identical to the applicable fuel specified in 40 CFR part 1065, subpart H; we will approve your request if you show us that it does not affect your ability to demonstrate compliance with the applicable
emission standards.

(3) For Category 1 and Category 2 engines that are expected to use a type of fuel (or mixed fuel) other than diesel fuel (such as natural gas, methanol, or residual fuel), use a commercially available fuel of that type for emission testing. If an engine is designed to operate on different fuels, we may (at our discretion) require testing on each fuel. Propose test fuel specifications that take into account the engine design and the properties of commercially available
fuels. Describe these test fuel specifications in the application for
certification.

(4) [Reserved]

(d) You may use special or alternate procedures to the extent we allow them
under 40 CFR 1065.10.

(e) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission
standards.

(f) Duty-cycle testing is limited to ambient temperatures of 20 to 30 ° C. Atmospheric pressure must be between

91.000and 103.325 kPa, and must be
within ± 5 percent of the value recorded at the time of the last engine map. Testing may be performed with anyambient humidity level. Correct dutycycle NO X emissions for humidity as specified in 40 CFR part 1065.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00169 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37263

**§ 1042.505 Testing engines using discrete**  **mode or ramped-modal duty cycles.**

This section describes how to test engines under steady-state conditions. In some cases, we allow you to choose the appropriate steady-state duty cycle for an engine. In these cases, you must use the duty cycle you select in your application for certification for all testing you perform for that engine family. If we test your engines to confirm that they meet emission standards, we will use the duty cycles you select for your own testing. We may also perform other testing as allowed by
the Clean Air Act.

(a) You may perform steady-state testing with either discrete-mode or ramped-modal cycles, as follows:

(1) For discrete-mode testing, sample emissions separately for each mode, then calculate an average emission level for the whole cycle using the weighting factors specified for each mode. Calculate cycle statistics and compare with the established criteria as specified
in 40 CFR 1065.514 to confirm that the test is valid. Operate the engine and sampling system as follows:

(i) Engines with NO X aftertreatment. For engines that depend on
aftertreatment to meet the NO X emission standard, operate the engine for 5

–6 minutes, then sample emissions for 1

– 3 minutes in each mode. You may extend the sampling time to improve measurement accuracy of PM emissions, using good engineering judgment. If you have a longer sampling time for PM emissions, calculate and validate cycle statistics separately for the gaseous and PM sampling periods.

(ii) Engines without NO X aftertreatment. For other engines, operate the engine for at least 5 minutes, then sample emissions for at least 1
minute in each mode.

(2) For ramped-modal testing, start sampling at the beginning of the first mode and continue sampling until the
end of the last mode. Calculate emissions and cycle statistics the same as for transient testing as specified in 40 CFR part 1065, subpart G.

(b) Measure emissions by testing the engine on a dynamometer with one of the following duty cycles (as specified)
to determine whether it meets the
emission standards in § 1042.101(a):

(1) General cycle. Use the 4-mode duty cycle or the corresponding ramped-modal cycle described in paragraph (a) of Appendix II of this part for commercial propulsion marine engines that are used with (or intended to be used with) fixed-pitch propellers, propeller-law auxiliary engines, and any other engines for which the other duty cycles of this section do not apply. Use this duty cycle also for commercial variable-speed propulsion marine engines that are used with (or intended to be used with) controllable-pitch propellers or with electrically coupled propellers, unless these engines are not intended for sustained operation (e.g., for at least 30 minutes) at all four modes
when installed in the vessel.

(2) Recreational marine engines. Except as specified in paragraph (b)(3) of this section, use the 5-mode dutycycle or the corresponding rampedmodal cycle described in paragraph (b) of Appendix II of this part for recreational marine engines with maximum engine power at or above 37
kW.

(3) Controllable-pitch and electrically coupled propellers. Use the 4-mode duty cycle or the corresponding ramped-modal cycle described in paragraph (c) of Appendix II of this part for constant-speed propulsion marine engines that are used with (or intended to be used with) controllable-pitch propellers or with electrically coupled propellers. Use this duty cycle also for variable-speed propulsion marine engines that are used with (or intended to be used with) controllable-pitch propellers or with electrically coupled propellers if the duty cycles in paragraph (b)(1) and (b)(2) of this section do not apply.

(4) Constant-speed auxiliary engines. Use the 5-mode duty cycle or the corresponding ramped-modal cycle described in 40 CFR part 1039,Appendix II, paragraph (a) for constantspeed auxiliary engines.

(5) Variable-speed auxiliary engines. (i) Use the duty cycle specified in paragraph (b)(1) of this section for propeller-law auxiliary engines.

(ii) Use the 6-mode duty cycle or the corresponding ramped-modal cycle described in 40 CFR part 1039,Appendix II, paragraph (b) for variablespeed auxiliary engines with maximum engine power below 19 kW that are not propeller-law engines.

(iii) Use the 8-mode duty cycle or the corresponding ramped-modal cycle described in 40 CFR part 1039,Appendix III, paragraph (c) for variablespeed auxiliary engines with maximum engine power at or above 19 kW that are not propeller-law engines.

(c)During idle mode, operate the engine at its warm idle speed as described in 40 CFR part 1065.

(d) For constant-speed engines whose design prevents full-load operation for extended periods, you may ask for approval under 40 CFR 1065.10(c) to replace full-load operation with the maximum load for which the engine is designed to operate for extended periods.

(e) See 40 CFR part 1065 for detailed specifications of tolerances and
calculations.

**§ 1042.515 Test procedures related to not** 

**to-exceed standards.**

(a)This section describes the procedures to determine whether your engines meet the not-to-exceed emission
standards in § 1042.101(c). These procedures may include any normal engine operation and ambient conditions that the engines may experience in use. Paragraphs (c) through (e) of this section define the
limits of what we will consider normal engine operation and ambient
conditions.

(b)Measure emissions with one of the following procedures:

(1)Remove the selected engines for testing in a laboratory. You may use an engine dynamometer to simulate normal operation, as described in this section. Use the equipment and procedures specified in 40 CFR part 1065 to conduct laboratory testing.

(2)Test the selected engines while they remain installed in a vessel. Use the equipment and procedures specified in 40 CFR part 1065 subpart J, to conduct field testing. Use fuel meeting the specifications of 40 CFR part 1065, subpart H, or a fuel typical of what you would expect the engine to use in

service.

(c)Engine testing may occur under the following ranges of ambient conditions without correcting measured
emission levels:

(1)Atmospheric pressure must be between 96.000 and 103.325 kPa, except that manufacturers may test at lower atmospheric pressures if their test facility is located at an altitude that makes it impractical to stay within this range. This pressure range is intended to allow testing under most weather conditions at all altitudes up to 1,100
feet above sea level.

(2)Ambient air temperature must be
between 13 and 35 ° C (or between 13 ° C
and 30 ° C for engines not drawing intake air directly from a space that could be heated by the engine).

(3)Ambient water temperature must
be between 5 and 27 ° C.

(4)Ambient humidity must be between 7.1 and 10.7 grams of moisture per kilogram of dry air.

(d) Engine testing may occur at any conditions expected during normal operation but that are outside the conditions described in paragraph (b) of this section, as long as measured values are corrected to be equivalent to the nearest end of the specified range, usingVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00170 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37264 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

good engineering judgment. Correct

NO X emissions for humidity as specified in 40 CFR part 1065, subpart

G. (e) The sampling period may not begin until the engine has reached stable operating temperatures. For example, this would include only engine operation after starting and after the engine thermostat starts modulating the engine ’ s coolant temperature. The sampling period may not include engine starting.

(f) Apply the NTE standards specified

in § 1042.101(c) to an engine family
based on the zones and subzones corresponding to specific duty cycles and engine types as defined in Appendix III of this part. For an engine family certified to multiple duty cycles, the broadest applicable NTE zone applies for that family at the time of certification. Whenever an engine family is certified to multiple duty cycles and a specific engine from that family is tested for NTE compliance in use, determine the applicable NTE zone for that engine according to its in-use application. An engine family ’ s NTE zone may be modified as follows:

(1) You may ask us to approve a narrower NTE zone for an engine family at the time of certification, based on information such as how that engine family is expected to normally operate in use. For example, if an engine family is always coupled to a pump or jet drive, the engine might be able to operate only within a narrow range of engine speed and power.

(2) You may ask us to approve a Limited Testing Region (LTR). An LTR is a region of engine operation, within the applicable NTE zone, where you have demonstrated that your engine family operates for no more than 5.0 percent of its normal in-use operation, on a time-weighted basis. You must specify an LTR using boundaries based on engine speed and power (or torque),
where the LTR boundaries must coincide with some portion of the boundary defining the overall NTE zone. Any emission data collected
within an LTR for a time duration that exceeds 5.0 percent of the duration of its respective NTE sampling period (as defined in paragraph (c)(3) of this section) will be excluded when determining compliance with the applicable NTE standards. Any
emission data collected within an LTR for a time duration of 5.0 percent or less of the duration of the respective NTE sampling period will be included when determining compliance with the NTE
standards.

(3) You must notify us if you design your engines for normal in-use operation outside the applicable NTE
zone. If we learn that normal in-use operation for your engines includes other speeds and loads, we may specify a broader NTE zone, as long as the
modified zone is limited to normal inuse operation for speeds greater than 70 percent of maximum test speed and loads greater than 30 percent of maximum power at maximum test speed (or 30 percent of maximum test torque for constant-speed engines).

(4)You may exclude emission data based on ambient or engine parameter
limit values as follows:

(i) NO X catalytic aftertreatment minimum temperature. For an engine equipped with a catalytic NO X aftertreatment system, exclude NO X emission data that is collected when the exhaust temperature is less than 250 ° C,
as measured within 30 cm downstream
of the last NO X aftertreatment device. Where there are parallel paths, measure the temperature 30 cm downstream of
the last NO X aftertreatment device in the path with the greatest exhaust flow.

(ii) Oxidizing aftertreatment minimum temperature. For an engine equipped with an oxidizing catalytic aftertreatment system, exclude HC, CO,
and PM emission data that is collected when the exhaust temperature is less
than 250 ° C, as measured within 30 cm downstream of the last oxidizing
aftertreatment device. Where there are parallel paths, measure the temperature 30 cm downstream of the last oxidizing aftertreatment device in the path with the greatest exhaust flow.

(iii) Other parameters. You may request our approval for other minimum or maximum ambient or engine parameter limit values at the time of
certification.

(g) For engines equipped with
emission controls that include discrete regeneration events, if a regeneration event occurs during the NTE test, the averaging period must be at least as long
as the time between the events multiplied by the number of full regeneration events within the sampling period. This requirement applies only for engines that send an electronic signal indicating the start of the regeneration event.

**§ 1042.520 What testing must I perform to** 

**establish deterioration factors?**

Sections 1042.240 and 1042.245 describe the required methods for testing to establish deterioration factors for an engine family.

**§ 1042.525 How do I adjust emission levels**  **to account for infrequently regenerating**

**aftertreatment devices?**

This section describes how to adjust emission results from engines using aftertreatment technology with infrequent regeneration events. See paragraph (e) of this section for how to adjust ramped-modal testing. See paragraph (f) of this section for how to adjust discrete-mode testing. For this section, ‘‘ regeneration ’’ means an intended event during which emission levels change while the system restores aftertreatment performance. For example, exhaust gas temperatures may increase temporarily to remove sulfur
from adsorbers or to oxidize accumulated particulate matter in a trap. For this section, ‘‘ infrequent ’’ refers to regeneration events that are expected to occur on average less than once over the applicable transient duty cycle or ramped-modal cycle, or on average less than once per typical mode
in a discrete-mode test.

(a) Developing adjustment factors. Develop an upward adjustment factor and a downward adjustment factor for each pollutant based on measured
emission data and observed regeneration frequency. Adjustment factors should generally apply to an entire engine family, but you may develop separate adjustment factors for different engine configurations within an engine family. If you use adjustment factors for certification, you must identify the frequency factor, F, from paragraph (b) of this section in your application for certification and use the adjustment factors in all testing for that engine family. You may use carryover or carry-across data to establish adjustment factors for an engine family, as
described in § 1042.235(d), consistent with good engineering judgment. All adjustment factors for regeneration are additive. Determine adjustment factors separately for different test segments. For example, determine separate adjustment factors for different modes of a discrete-mode steady-state test. You may use either of the following different approaches for engines that use aftertreatment with infrequent regeneration events:

(1) You may disregard this section if regeneration does not significantly affect emission levels for an engine family (or configuration) or if it is not practical to identify when regeneration occurs. If you do not use adjustment factors under this section, your engines must meet emission standards for all testing, without regard to regeneration.

(2) If your engines use aftertreatment technology with extremely infrequent regeneration and you are unable to apply the provisions of this section, you may ask us to approve an alternate methodology to account for regeneration

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### 37265

(b) Calculating average adjustment factors. Calculate the average adjustment factor (EF A) based on the following equation:

EF A = (F)(EF H) + (1

¥ F)(EF L)

Where: F = the frequency of the regeneration event during normal in-use operation, expressed in terms of the fraction of equivalent tests during which the regeneration occurs. You may determine F from in-use operating data or running replicate tests. For example, if you observe that the regeneration occurs 125 times during 1000 MW-hrs of operation, and your engine typically accumulates 1 MW-hr per test, F would be (125) ÷ (1000) ÷ (1) = 0.125.

EF H = Measured emissions from a test segment in which the regeneration

occurs. EF L = Measured emissions from a test segment in which the regeneration does

not occur.

(c) Applying adjustment factors. Apply adjustment factors based on whether regeneration occurs during the test run. You must be able to identify regeneration in a way that is readily apparent during all testing.

(1) If regeneration does not occur during a test segment, add an upward adjustment factor to the measured emission rate. Determine the upward adjustment factor (UAF) using the following equation:

UAF = EF A ¥ EF L

(2) If regeneration occurs or starts to occur during a test segment, subtract a downward adjustment factor from the
measured emission rate. Determine the downward adjustment factor (DAF) using the following equation:

DAF = EF H ¥ EF A

(d) Sample calculation. If EF L is 0.10 g/kW-hr, EF H is 0.50 g/kW-hr, and F is

0.1 (the regeneration occurs once for each ten tests), then:

EF A = (0.1)(0.5 g/kW-hr) + (1.0

¥ 0.1)(0.1 g/kW-hr) = 0.14 g/kW-hr. UAF = 0.14 g/kW-hr

¥ 0.10 g/kW-hr =

0.04g/kW-hr. DAF = 0.50 g/kW-hr

¥ 0.14 g/kW-hr =

0.36g/kW-hr.
(e) Ramped-modal testing. Develop a single sets of adjustment factors for the entire test. If a regeneration has started but has not been completed when you reach the end of a test, use good engineering judgment to reduce your downward adjustments to be proportional to the emission impact that
occurred in the test.

(f) Discrete-mode testing. Develop separate adjustment factors for each test mode. If a regeneration has started but has not been completed when you reach the end of the sampling time for a test mode extend the sampling period for that mode until the regeneration is completed.

**Subpart G**

**— Special Compliance** 

**Provisions**

**§ 1042.601 General compliance provisions**  **for marine engines and vessels.**

Engine and vessel manufacturers, as well as owners, operators, and rebuilders of engines and vessels subject to the requirements of this part, and all other persons, must observe the provisions of this part, the requirements and prohibitions in 40 CFR part 1068, and the provisions of the Clean Air Act. The provisions of 40 CFR part 1068 apply for compression-ignition marine engines as specified in that part, subject to the following provisions:

(a) The following prohibitions apply with respect to recreational marine engines and recreational vessels:

(1) Installing a recreational marine engine in a vessel that is not a
recreational vessel is a violation of 40 CFR 1068.101(a)(1).

(2) For a vessel with an engine that is
certified and labeled as a recreational marine engine, using it in a manner
inconsistent with its intended use as a
recreational vessel violates 40 CFR 1068.101(a)(1), except as allowed by this chapter.

(b) Subpart I of this part describes how the prohibitions of 40 CFR 1068.101(a)(1) apply for remanufactured engines. The provisions of 40 CFR
1068.105 do not allow the installation of a new remanufactured engine in a vessel
that is defined as a ‘‘ new vessel ’’ unless the remanufactured engine is subject to
the same standards as the standards applicable to freshly manufactured engines of the required model year.

(c) The provisions of 40 CFR 1068.120 apply when rebuilding marine engines, except as specified in subpart I of this part. The following additional requirements also apply when rebuilding marine engines equipped
with exhaust aftertreatment:

(1) Follow all instructions from the engine manufacturer and aftertreatment manufacturer for checking, repairing, and replacing aftertreatment components. For example, you must replace the catalyst if the catalyst assembly is stamped with a build date more than ten years ago and the
manufacturer ’ s instructions state that catalysts over ten years old must be replaced when the engine is rebuilt.

(2) Measure pressure drop across the catalyst assembly to ensure that it is neither higher nor lower than the
manufacturer ’ s specifications and repair or replace exhaust-system components as needed to bring the pressure drop
within the manufacturer ’ s specifications.

(3) For engines equipped with exhaust sensors, verify that sensor outputs are
within the manufacturer ’ s recommended range and repair or replace any malfunctioning components (sensors, catalysts, or other components).

(d) The provisions of § 1042.635 for the national security exemption apply
instead of 40 CFR 1068.225.

(e) For replacement engines, apply the provisions of 40 CFR 1068.240 as
described in § 1042.615.

(f) For the purpose of meeting the defect-reporting requirements in 40 CFR 1068.501, if you manufacture other nonroad engines that are substantially similar to your marine engines, you may consider defects using combined marine
and non-marine families.

(g) For a marine engine labeled as requiring the use of ultra low-sulfur diesel fuel, is a violation of 40 CFR1068.101(b)(1) to operate it with highersulfur fuel. It is also a violation of 40 CFR 1068.101(b)(1) if an engine installer
or vessel manufacturer fails to follow the engine manufacturer ’ s emissionrelated installation instructions when installing a certified engine in a marine
vessel.

**§ 1042.605 Dressing engines already** 

**certified to other standards for nonroad or heavy-duty highway engines for marine** 

**use.**

(a) General provisions. If you are an engine manufacturer (including
someone who marinizes a land-based engine), this section allows you to introduce new marine engines into U.S. commerce if they are already certified to the requirements that apply to compression-ignition engines under 40 CFR parts 85 and 86 or 40 CFR part 89, 92, 1033, or 1039 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86, 89, 92, 1033, or 1039 for each engine
to also be a valid certificate of conformity under this part 1042 for its model year, without a separate application for certification under the requirements of this part 1042.

(b) Vessel-manufacturer provisions. If you are not an engine manufacturer, you may install an engine certified for the appropriate model year under 40 CFR part 86, 89, 92, 1033, or 1039 in a marine vessel as long as you do not make any of the changes described in paragraph (d)(3) of this section and you meet the requirements of paragraph (e)of this section. If you modify the nonmarine engine in any of the waysVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00172 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37266 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

described in paragraph (d)(3) of this section, we will consider you a manufacturer of a new marine engine. Such engine modifications prevent you from using the provisions of this

section.

(c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86 or 40 CFR part 89, 92, 1033, or 1039. This paragraph (c) applies to engine manufacturers, vessel manufacturers that use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new engines and vessels; however, we
consider the certificate issued under 40 CFR part 86, 89, 92, 1033, or 1039 for each engine to also be a valid certificate of conformity under this part 1042 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 85, 89, 92, or

1068.

(d) Specific criteria and requirements. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new marine engine, the engine is eligible for an exemption under this section:

(1) You must produce it by marinizing an engine covered by a valid certificate of conformity from one of the following

programs:

(i) Heavy-duty highway engines (40 CFR part 86).

(ii) Land-based compression-ignition nonroad engines (40 CFR part 89 or 1039).

(iii) Locomotives (40 CFR part 92 or 1033). To be eligible for dressing under this section, the engine must be from a
locomotive certified to standards that are at least as stringent as either the standards applicable to new marine engines or freshly manufactured locomotives in the model year that the engine is being dressed.

(2) The engine must have the label required under 40 CFR part 86, 89, 92,

1033, or 1039.

(3) You must not make any changes to the certified engine that could reasonably be expected to increase its emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for the engine dressing exemption:

(i) Change any fuel system parameters from the certified configuration, or change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer ’ s application for
certification. This includes
aftertreatment devices and all related components.

(ii) Replacing an original turbocharger, except that small-volume engine manufacturers may replace an original turbocharger on a recreational engine with one that matches the performance of the original turbocharger.

(iii) Modify or design the marine engine cooling or aftercooling system so that temperatures or heat rejection rates are outside the original engine
manufacturer ’ s specified ranges.

(4) You must show that fewer than 10 percent of the engine family ’ s total sales
in the United States are used in marine applications. This includes engines used in any application, without regard to which company manufactures the vessel or equipment. Show this as
follows:

(i) If you are the original manufacturer of the engine, base this showing on your
sales information.

(ii) In all other cases, you must confirm this based on your best estimate of the original manufacturer ’ s sales
information.

(e) Labeling and documentation. If you are an engine manufacturer or vessel manufacturer using this exemption, you must do all of the following:

(1) Make sure the original engine label will remain clearly visible after
installation in the vessel.

(2) Add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vessel. In your engine label, do the following:

(i) Include the heading: ‘‘ Marine Engine Emission Control Information ’’

.

(ii) Include your full corporate name
and trademark.

(iii) State: ‘‘ This engine was marinized without affecting its emission
controls. ’’

.

(iv) State the date you finished marinizing the engine (month and year).

(3) Send 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 models for which you expect to use this exemption in the coming year and describe your basis for meeting the sales restrictions of paragraph (d)(4) of this section.

(iii) State: ‘‘ We prepare each listed engine model for marine application without making any changes that could increase its certified emission levels, as
described in 40 CFR 1042.605. ’’

.

(f) Failure to comply. If your engines
do not meet the criteria listed in paragraph (d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1042 and the certificate issued under 40 CFR part(s) 86, 89, 92, 1033,
or 1039 will not be deemed to also be a certificate issued under this part 1042. Introducing these engines into U.S. commerce as marine engines without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101(a)(1).

(g) Data submission. (1) If you are both the original manufacturer and marinizer of an exempted engine, you
must send us emission test data on the appropriate marine duty cycles. You can include the data in your application for
certification or in the letter described in paragraph (e)(3) of this section.

(2) If you are the original manufacturer of an exempted engine that is marinized by a post-manufacture marinizer, you may be required to send us emission test data on the appropriate marine duty cycles. If such data are requested you will be allowed a
reasonable amount of time to collect the
data.

(h) Participation in averaging, banking and trading. Engines adapted for marine use under this section may not generate or use emission credits under this part 1042. These engines may generate credits under the ABT provisions in 40 CFR part(s) 86, 89, 92, 1033, or 1039, as applicable. These engines must use emission credits under 40 CFR part(s) 86, 89, 92, 1033, or 1039 as applicable if they are certified to an
FEL that exceeds an emission standard.

(i) Operator requirements. The requirements specified for vessel manufacturers, owners, and operators in this subpart (including requirements in 40 CFR part 1068) apply to these engines whether they are certified under this part 1042 or another part as allowed by this section.

**§ 1042.610 Certifying auxiliary marine**  **engines to land-based standards.**

This section applies to auxiliary marine engines that are identical to certified land-based engines. See § 1042.605 for provisions that apply to propulsion marine engines or auxiliary marine engines that are modified for marine applications.

(a) General provisions. If you are an engine manufacturer, this section allows you to introduce new marine engines into U.S. commerce if they are already certified to the requirements that apply to compression-ignition engines underVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37267

40 CFR part 89 or 1039 for the appropriate model year. If you comply with all the provisions of this section,
we consider the certificate issued under 40 CFR part 89 or 1039 for each engine
to also be a valid certificate of conformity under this part 1042 for its model year, without a separate application for certification under the requirements of this part 1042.

(b) Vessel-manufacturer provisions. If you are not an engine manufacturer, youmay install an engine certified for landbased applications in a marine vessel as long as you meet all the qualifying criteria and requirements specified in paragraphs (d) and (e) of this section. If you modify the non-marine engine, we will consider you a manufacturer of a new marine engine. Such engine modifications prevent you from using the provisions of this section.

(c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR part 89 or 1039. This paragraph (c) applies to engine manufacturers, vessel manufacturers that use such an engine, and all other persons as if the engine were used in its originally intended application. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new engines and vessels; however, we
consider the certificate issued under 40 CFR part 89 or 1039 for each engine to also be a valid certificate of conformity under this part 1042 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 89 or 1068.

(d) Qualifying criteria. If you are an engine manufacturer and meet all the following criteria and requirements regarding your new marine engine, the engine is eligible for an exemption
under this section:

(1) The marine engine must be identical in all material respects to a land-based engine covered by a valid certificate of conformity for the appropriate model year showing that it meets emission standards for engines of that power rating under 40 CFR part 89

or 1039.

(2) The engines may not be used as propulsion marine engines.

(3) You must show that the number of auxiliary marine engines from the engine family must be smaller than the number of land-based engines from the engine family sold in the United States,
as follows: (i) If you are the original manufacturer of the engine, base this showing on your
sales information.

(ii) In all other cases, you must get the original manufacturer of the engine to
confirm this based on its sales
information.

(e) Specific requirements. If you are an engine manufacturer or vessel manufacturer using this exemption, you must do all of the following:

(1) Make sure the original engine label will remain clearly visible after
installation in the vessel. This label or a supplemental label must identify that the original certification is valid for auxiliary marine applications.

(2) Send a signed letter to the Designated Compliance Officer by the end of each calendar year (or less often if we tell you) with all the following
information:

(i) Identify your full corporate name, address, and telephone number.

(ii) List the engine models you expect to produce under this exemption in the coming year and describe your basis for meeting the sales restrictions of paragraph (d)(3) of this section.

(iii)State: ‘‘ We produce each listed engine model for marine application without making any changes that could increase its certified emission levels, as
described in 40 CFR 1042.610. ’’

.

(3) If you are the certificate holder, you must describe in your application for certification how you plan to produce engines for both land-based and auxiliary marine applications, including projected sales of auxiliary marine engines to the extent this can be determined. If the projected marine sales are substantial, we may ask for the year-end report of production volumes to include actual auxiliary marine engine sales.

(f) Failure to comply. If your engines
do not meet the criteria listed in paragraph (d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1042 and the certificate issued under 40 CFR part 89 or 1039 will not
be deemed to also be a certificate issued under this part 1042. Introducing these engines into U.S. commerce as marine engines without a valid exemption or certificate of conformity under this part 1042 violates the prohibitions in 40 CFR 1068.101(a)(1).

(g) Participation in averaging, banking and trading. Engines using this exemption may not generate or use emission credits under this part 1042. These engines may generate credits under the ABT provisions in 40 CFR part 89 or 1039, as applicable. These engines must use emission credits under 40 CFR part 89 or 1039 as applicable if they are certified to an FEL that exceeds
an emission standard.

(h) Operator requirements. The requirements specified for vessel manufacturers, owners, and operators in this subpart (including requirements in 40 CFR part 1068) apply to these engines whether they are certified under this part 1042 or another part as allowed by this section.

**§ 1042.615 Replacement engine**  **exemption.**

For replacement engines, apply the provisions of 40 CFR 1068.240 as
described in this section.

(a)This paragraph (a) applies instead of the provisions of 40 CFR 1068.240(b)(3). The prohibitions in 40 CFR 1068.101(a)(1) do not apply for a new replacement engine meeting Tier 3 standards if the engine being replaced is a Tier 3 or earlier engine (this applies where new engines would otherwise be subject to Tier 4 or later standards). For other cases, the prohibitions in 40 CFR 1068.101(a)(1) do not apply to a new replacement engine if all the following
conditions are met:

(1)You use good engineering judgment to determine that no engine certified to the current requirements of this part is produced by any manufacturer with the appropriate physical or performance characteristics to repower the vessel.

(2)You make a record of your determination for each replacement engine with the following information and keep these records for eight years:

(i) If you determine that no engine certified to the current requirements of this part is available with the appropriate performance characteristics, explain why certified engines produced by you and other manufacturers cannot be used as a replacement because they are not similar to the engine being replaced in terms of power or speed.

(ii) You may determine that all engines certified to the current requirements of this part that have appropriate performance characteristics are not available because they do not have the appropriate physical characteristics. If this is the case, explain why these certified engines produced by you and other
manufacturers cannot be used as a replacement because their weight or dimensions are substantially different than those of the engine being replaced, or because they will not fit within the
vessel ’ s engine compartment or engine

room.

(iii)In evaluating appropriate physical or performance characteristics, you may account for compatibility with vessel components you would notVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00174 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37268 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

otherwise replace when installing a new engine, including transmissions or reduction gears, drive shafts or propeller shafts, propellers, cooling systems, operator controls, or electrical systems for generators or indirect-drive configurations. If you make your determination on this basis, you must identify the vessel components that are incompatible with engines certified to current standards and explain how they are incompatible and why it would be unreasonable to replace them.

(iv) In evaluating appropriate physical or performance characteristics, you may account for compatibility in a set of two or more propulsion engines on a vessel where only one of the engines needs replacement, but only if each engine not needing replacement has operated for less than 75 percent of its applicable useful life in hours or years (see § 1042.101). If any engine not otherwise needing replacement exceeds this 75 percent threshold, your determination must consider replacement of all the propulsion engines.

(v) In addition to the determination specified in paragraph (a)(1) of this section, you must make a separate determination for your own product line addressing every tier of emission standards that is more stringent than the emission standards for the engine being replaced. For example, if the engine being replaced was built before the Tier 1 standards started to apply and engines of that size are currently subject to Tier 3 standards, you must consider whether any Tier 1 or Tier 2 engines that you produce have the appropriate physical and performance characteristics for replacing the old engine; if you can produce a Tier 2 engine with the appropriate physical and performance characteristics, you must use it as the replacement engine.

(3) You must notify us within 30 days after you ship each replacement engine
under this section. Your notification must include all the following things and be signed by an authorized representative of your company:

(i) A copy of your records describing how you made the determination described in paragraph (a)(2) of this section for this particular engine.

(ii) The total number of replacement engines you have shipped in the applicable calendar year, from all your marine engine models.

(iii) The following statement: I certify that the statements and
information in the enclosed document are true, accurate, and complete to the best of my knowledge. I am aware that there are significant civil and criminal penalties for submitting false statements and information, or omitting required
statements and information.

(4) We may reduce the reporting and recordkeeping requirements in this

section.

(b) Modifying a vessel to significantly
increase its value within six months after installing a replacement engine produced under this section is a violation of 40 CFR 1068.101(a)(1).

(c) We may void an exemption for an engine if we determine that any of the conditions described in paragraph (a) of
this section are not met.

**§ 1042.620 Engines used solely for**  **competition.**

The provisions of this section apply for new engines and vessels built on or after January 1, 2009.

(a) We may grant you an exemption from the standards and requirements of this part for a new engine on the grounds that it is to be used solely for competition. The requirements of this part, other than those in this section, do not apply to engines that we exempt for use solely for competition. The prohibitions in § 1068.101(a)(1) do not apply to engines exempted under this

section.

(b) We will exempt engines that we determine will be used solely for competition. The basis of our
determination is described in paragraphs (c) and (d) of this section. Exemptions granted under this section are good for only one model year and you must request renewal for each subsequent model year. We will not approve your renewal request if we determine the engine will not be used solely for competition.

(c) Engines meeting all the following criteria are considered to be used solely for competition:

(1) Neither the engine nor any vessels containing the engine may be displayed for sale in any public dealership or otherwise offered for sale to the general public.

(2) Sale of the vessel in which the engine is installed must be limited to professional racing teams, professional racers, or other qualified racers. Keep records documenting this, such as a letter requesting an exempted engine.

(3) The engine and the vessel in
which it is installed must have performance characteristics that are substantially superior to noncompetitive
models.

(4) The engines are intended for use only as specified in paragraph (e) of this

section.

(d) You may ask us to approve an exemption for engines not meeting the applicable criteria listed in paragraph (c) of this section as long as you have clear and convincing evidence that the engines will be used solely for competition.

(e) Engines will not be considered to be used solely for competition if they are ever used for any recreational or other noncompetitive purpose. This
means that their use must be limited to competition events sanctioned by the

U.S. Coast Guard or another public organization with authorizing permits for participating competitors. Operation for such engines may include only racing events or trials to qualify for racing events. Authorized attempts to set speed records (and the associated official trials) are also considered racing events. Any use of exempt engines in recreational events, such as poker runs and lobsterboat races, is a violation of 40 CFR 1068.101(b)(4).

(f) You must permanently label engines exempted under this section to clearly indicate that they are to be used only for competition. Failure to properly label an engine will void the exemption for that engine.

(g) If we request it, you must provide us any information we need to determine whether the engines or vessels are used solely for competition.
This would include documentation regarding the number of engines and the ultimate purchaser of each engine. Keep these records for five years.

**§ 1042.625 Special provisions for engines**  **used in emergency applications.**

(a)Except as specified in paragraph (d) of this section, the prohibitions in § 1068.101(a)(1) do not apply to a new engine that is subject to Tier 4 standards if the following conditions are met:

(1)The engine is intended for installation in one of the following vessels or applications:

(i) A lifeboat approved by the U.S. Coast Guard under approval series

160.135 (see for example 46 CFR 199.201(a)(1)), as long as such a vessel
is not also used as a launch or tender.

(ii) A rescue boat approved by the

U.S. Coast Guard under approval series

160.156(see for example 46 CFR 199.202(a)).

(iii)Generator sets or other auxiliary equipment that qualify as final emergency power sources under 46 CFR part 112.

(2)The engine meets the Tier 3 emission standards specified in § 1042.101 as specified in 40 CFR

1068.265.

(3)The engine is used only for its intended purpose, as specified on the
emission control information label.

(b)Except as specified in paragraph (d) of this section, the prohibitions in § 1068.101(a)(1) do not apply to a newVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00175 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37269

engine that is subject to Tier 3 standards according to the following provisions:

(1) The engine must be intended for
installation in a lifeboat or a rescue boat as specified in paragraph (a)(1)(i) or (ii)
of this section.

(2) This exemption is available from
the initial effective date for the Tier 3 standards until the engine model (or one of comparable size, weight, and performance) has been certified as complying with the Tier 3 standards and Coast Guard requirements.

(3) The engine must meet the Tier 2 emission standards specified in Appendix I of this part as specified in

40 CFR 1068.265.

(c) If you introduce an engine into

U.S. commerce under this section, you must meet the labeling requirements in § 1042.135, but add one of the following statements instead of the compliance

statement in § 1042.135(c)(10):

(1) For lifeboats and rescue boats, add the following statement:

THIS ENGINE DOES NOT COMPLY

WITH CURRENT U.S. EPA EMISSION

STANDARDS UNDER 40 CFR 1042.625

AND IS FOR USE SOLELY IN

LIFEBOATS OR RESCUE BOATS (COAST GUARD APPROVAL SERIES

160.135 OR 160.156). INSTALLATION

OR USE OF THIS ENGINE IN ANY

OTHER APPLICATION MAY BE A

VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

(2) For engines serving as final emergency power sources, add the following statement:

THIS ENGINE DOES NOT COMPLY

WITH CURRENT U.S. EPA EMISSION

STANDARDS UNDER 40 CFR 1042.625

AND IS FOR USE SOLELY IN EMERGENCY EQUIPMENT

REGULATED BY 46 CFR 112.

INSTALLATION OR USE OF THIS

ENGINE IN ANY OTHER

APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL

PENALTY.

(d) Introducing into commerce a vessel containing an engine exempted
under this section violates the prohibitions in 40 CFR 1068.101(a)(1) where the vessel is not covered by paragraph (a) or (b) of this section, unless it is exempt under a different provision. Similarly, using such an engine or vessel as something other than a lifeboat, rescue boat, or emergency engine as specified in paragraph (a)(1) of this section violates the prohibitions in 40 CFR 1068.101(a)(1), unless it is exempt under a different provision.

**§ 1042.630 Personal-use exemption.** 

This section applies to individuals who manufacture vessels for personal use. If you and your vessel meet all the conditions of this section, the vessel and its engine are considered to be exempt from the standards and requirements of this part that apply to new engines and new vessels. The prohibitions in § 1068.101(a)(1) do not apply to engines exempted under this section. For example, you may install an engine that was not certified as a marine engine.

(a) The vessel may not be manufactured from a previously certified vessel, nor may it be manufactured from a partially complete vessel that is equivalent to a certified
vessel. The vessel must be manufactured primarily from unassembled components, but may incorporate some preassembled components. For example, fully preassembled steering assemblies may be used. You may also power the vessel with an engine that was previously used in a highway or land-based nonroad application.

(b) The vessel may not be sold within five years after the date of final assembly.

(c) No individual may manufacture more than one vessel in any ten-year period under this exemption.

(d) You may not use the vessel in any revenue-generating service or for any other commercial purpose, except that you may use a vessel exempt under this section for commercial fishing that you personally do.

(e) This exemption may not be used to circumvent the requirements of this part or the requirements of the Clean Air Act. For example, this exemption would not cover a case in which a person sells an almost completely assembled vessel to another person, who would then complete the assembly. This would be considered equivalent to the sale of the complete new vessel. This section also does not allow engine manufacturers to produce new engines that are exempt
from emission standards and it does not provide an exemption from the prohibition against tampering with certified engines.

(f) The vessel must be a vessel that is not classed or subject to Coast Guard inspections or surveys.

**§ 1042.635 National security exemption.** 

The standards and requirements of this part and prohibitions in § 1068.101(a)(1) do not apply to engines exempted under this section.

(a) You are eligible for the exemption for national security only if you are a
manufacturer.

(b) Your engine is exempt without a request if it will be used or owned by an agency of the federal government responsible for national defense, where the vessel has armor, permanently attached weaponry, specialized electronic warfare systems, unique stealth performance requirements, and/ or unique combat maneuverability requirements.

(c) You may request a national security exemption for engines not meeting the conditions of paragraph (b) of this section, as long as your request is endorsed by an agency of the federal government responsible for national defense. In your request, explain why you need the exemption.

(d) Add a legible label, written in English, to all engines exempted under
this section. The label must be permanently secured to a readily visible part of the engine needed for normal operation and not normally requiring replacement, such as the engine block.
This label must include at least the following items:

(1) The label heading ‘‘ EMISSION

CONTROL INFORMATION ’’

.

(2) Your corporate name and
trademark.

(3) Engine displacement, family identification, and model year of the engine (as applicable), or whom to
contact for further information.

(4) The statement ‘‘ THIS ENGINE

HAS AN EXEMPTION FOR NATIONAL

SECURITY UNDER 40 CFR 1042.635. ’’

.

**§ 1042.640 Special provisions for branded**  **engines.**

The following provisions apply if you identify the name and trademark of another company instead of your own on your emission control information label, as provided by § 1042.135(c)(2):

(a)You must have a contractual agreement with the other company that obligates that company to take the following steps:

(1)Meet the emission warranty requirements that apply under § 1042.120. This may involve a separate agreement involving reimbursement of warranty-related expenses.

(2)Report all warranty-related
information to the certificate holder.

(b)In your application for certification, identify the company whose trademark you will use.

(c)You remain responsible for meeting all the requirements of thischapter, including warranty and defectreporting provisions.

**§ 1042.650 Migratory vessels.** 

The provisions of this section address
concerns for vessel owners related to
extended use of vessels with Tier 4 engines outside the United States where
ultra low-sulfur diesel fuel is not
available.

(a) Temporary exemption. A vessel owner may ask us for a temporaryVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00176 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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exemption from the tampering prohibition in 40 CFR 1068.101(b)(1) for a vessel if it will operate only in areas
outside the United States where ULSD is not available. In your request, describe where the vessel will operate, how long it will operate there, why ULSD will be unavailable, and how you will modify the engine, including its emission controls. If we approve your request, you may modify the engine, but only as needed to disable or remove the emission controls needed for meeting
the Tier 4 standards. You must return the engine to its original certified configuration before the vessel returns to the United States to avoid violating the tampering prohibition in 40 CFR 1068.101(b)(1). We may set additional conditions to prevent circumvention of the provisions of this part.

(b) SOLAS exemption. We may approve a permanent exemption from the prohibitions in 40 CFR 1068.101(a)(1) for an engine that is subject to Tier 4 standards as described in this paragraph (b).

(1) Vessel owners may ask for a permanent exemption from the Tier 4 standards for an engine that will be installed on vessels that will operate for extended periods outside the United States, provided they demonstrate all of the following are true:

(i) Prior to introduction into service, the vessel will comply with applicable certification requirements for international safety pursuant to the U.S.
Coast Guard and the International
Convention for the Protection of Life at Sea (SOLAS). The vessel owner must maintain compliance with these requirements for the life of the exempted engine.

(ii) The vessel will be used in areas
outside of the United States where
ULSD will not be available.

(iii) The mix of vessels with engines
certified to Tier 3 or earlier standards in
the owner ’ s current fleet and the

owner ’ s current business operation of those vessels makes the exemption necessary. Note that because of the large fraction of pre-Tier 4 engines in the fleet prior to 2021, a request for a Tier 4 exemption prior to that year must clearly demonstrate that unusual circumstances apply.

(2) An engine exempted under this paragraph (b) must meet the Tier 3
emission standards described in § 1402.101, subject to the procedural requirements of 40 CFR 1068.265.

(3) If you introduce an engine into

U.S. commerce under this section, you must meet the labeling requirements in § 1042.135, but add the following statement instead of the compliance

statement in § 1042.135(c)(10): THIS ENGINE DOES NOT COMPLY

WITH CURRENT U.S. EPA EMISSION

STANDARDS UNDER 40 CFR 1042.650

AND IS FOR USE SOLELY IN SOLAS

VESSELS. INSTALLATION OR USE OF

THIS ENGINE IN ANY OTHER

APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL

PENALTY.

(4) Operating a vessel containing an engine exempted under this paragraph (b) violates the prohibitions in 40 CFR 1068.101(a)(1) if the vessel in not in full compliance with applicable requirements for international safety specified in paragraph (b)(1)(i) of this

section.

(c) Vessels less than 500 gross tons. In
unusual circumstances for vessels less than 500 gross tons, we may approve a
vessel owner ’ s request for a permanent exemption from the prohibitions in 40 CFR 1068.101(a)(1) for an engine that is subject to Tier 4 standards that will operate for extended periods outside the United States without it being in compliance with applicable certification requirements for international safety. We may set appropriate additional conditions on such exemptions, and may void the exemption if those
conditions are not met.

**§ 1042.660 Requirements for vessel**  **manufacturers, owners, and operators.**

(a) The provisions of 40 CFR part 94, subpart K, apply to manufacturers, owners, and operators of marine vessels that contain Category 3 engines subject to the provisions of 40 CFR part 94, subpart A.

(b) For vessels equipped with emission controls requiring the use of specific fuels, lubricants, or other fluids, owners and operators must comply with
the manufacturer/remanufacturer ’ s specifications for such fluids when operating the vessels. Failure to comply with the requirements of this paragraph is a violation of 40 CFR 1068.101(b)(1).

(c) For vessels equipped with SCR systems requiring the use of urea or other reductants, owners and operators must report to us within 30 days any operation of such vessels without the appropriate reductant. Failure to comply with the requirements of this paragraph is a violation of 40 CFR 1068.101(a)(2).

**Subpart H**

**— Averaging, Banking, and**  **Trading for Certification**

**§ 1042.701 General provisions.** 

(a) You may average, bank, and trade (ABT) emission credits for purposes of certification as described in this subpart to show compliance with the standards of this part. Participation in this program is voluntary. (b) The definitions of subpart J of this part apply to this subpart. The following definitions also apply:

(1) Actual emission credits means emission credits you have generated that we have verified by reviewing your final report.

(2) Applicable emission standard
means an emission standard that is specified in subpart B of this part. Note that for other subparts, ‘‘ applicable
emission standard ’’ is defined to also
include FELs.

(3) Averaging set means a set of engines in which emission credits may be exchanged only with other engines in the same averaging set.

(4) Broker means any entity that
facilitates a trade of emission credits between a buyer and seller.

(5) Buyer means the entity that
receives emission credits as a result of
a trade.

(6) Reserved emission credits means emission credits you have generated that we have not yet verified by reviewing your final report.

(7) Seller means the entity that provides emission credits during a
trade.

(8) Standard means the emission standard that applies under subpart B of this part for engines not participating in the ABT program of this subpart.

(9) Trade means to exchange emission credits, either as a buyer or seller.

(c) Emission credits may be exchanged only within an averaging set. Except as specified in paragraph (d) of this section, the following criteria define the applicable averaging sets:

(1)Recreational engines. (2)Commercial Category 1 engines. (3)Category 2 engines. (d) Emission credits generated by commercial Category 1 engine families may be used for compliance by Category 2 engine families. Such credits must be discounted by 25 percent.

(e) You may not use emission credits generated under this subpart to offset any emissions that exceed an FEL or standard. This applies for all testing, including certification testing, in-use testing, selective enforcement audits, and other production-line testing. However, if emissions from an engine exceed an FEL or standard (for example, during a selective enforcement audit), you may use emission credits to recertify the engine family with a higher FEL that applies only to future production.

(f) Engine families that use emission credits for one or more pollutants may not generate positive emission credits for another pollutant.

(g) Emission credits may be used in the model year they are generated or inVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00177 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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future model years. Emission credits may not be used for past model years.

(h) You may increase or decrease an FEL during the model year by amending your application for certification under § 1042.225.

(i) You may use NO X +HC credits to show compliance with a NO X emission
standard or use NO X credits to show compliance with a NO X +HC emission
standard.

**§ 1042.705 Generating and calculating** 

**emission credits.**

The provisions of this section apply separately for calculating emission
credits for NO X , NO X +HC, or PM.

(a) For each participating family, calculate positive or negative emission
credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family
that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Round calculated emission credits to the nearest kilogram (kg), using consistent units throughout the following equation: Emission credits (kg) = (Std ¥ FEL) × (Volume) × (Power) × (LF) × (UL) × (10

¥ 3 )

Where:
Std = The emission standard, in g/kW-hr. FEL = The family emission limit for the engine family, in g/kW-hr. Volume = The number of engines eligible to participate in the averaging, banking, and trading program within the given engine family during the model year, as described in paragraph (c) of this section. Power = The average value of maximum engine power of all the engine configurations within an engine family, calculated on a production-weighted basis, in kilowatts. LF = Load factor. Use 0.69 for propulsion marine engines and 0.51 for auxiliary marine engines. We may specify a different load factor if we approve the use of special test procedures for an engine family under 40 CFR 1065.10(c)(2), consistent with good engineering judgment. UL = The useful life for the given engine family, in hours.

(b) [Reserved] (c) In your application for certification, base your showing of compliance on projected production volumes for engines whose point of first
retail sale is in the United States. As
described in § 1042.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual production volumes for engines whose point of first retail sale
is in the United States. Do not include any of the following engines to calculate
emission credits:

(1) Engines permanently exempted under subpart G of this part or under 40 CFR part 1068.

(2) Exported engines. (3) Engines not subject to the requirements of this part, such as those
excluded under § 1042.5.

(4) [Reserved] (5) Any other engines, where we indicate elsewhere in this part 1042 that they are not to be included in the calculations of this subpart.

**§ 1042.710 Averaging emission credits.** 

(a) Averaging is the exchange of emission credits among your engine
families.

(b) You may certify one or more engine families to an FEL above the emission standard, subject to the FEL caps and other provisions in subpart B of this part, if you show in your application for certification that your projected balance of all emission-credit transactions in that model year is greater than or equal to zero.

(c) If you certify an engine family to
an FEL that exceeds the otherwise applicable emission standard, you must obtain enough emission credits to offset the engine family ’ s deficit by the due date for the final report required in § 1042.730. The emission credits used to address the deficit may come from your other engine families that generate
emission credits in the same model year, from emission credits you have banked, or from emission credits you obtain through trading.

**§ 1042.715 Banking emission credits.** 

(a) Banking is the retention of emission credits by the manufacturer generating the emission credits for use in averaging or trading in future model

years.

(b) You may use banked emission credits from the previous model year for averaging or trading before we verify them, but we may revoke these emission credits if we are unable to verify them after reviewing your reports or auditing your records.

(c) Reserved credits become actual emission credits only when we verify them in reviewing your final report.

**§ 1042.720 Trading emission credits.** 

(a) Trading is the exchange of
emission credits between manufacturers. You may use traded emission credits for averaging, banking, or further trading transactions.

(b) You may trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. You may trade banked credits to any certifying manufacturer.

(c) If a negative emission credit balance results from a transaction, both the buyer and seller are liable, except in
cases we deem to involve fraud. See § 1042.255(e) for cases involving fraud. We may void the certificates of all engine families participating in a trade that results in a manufacturer having a negative balance of emission credits.

See § 1042.745.

**§ 1042.725 Information required for the**  **application for certification.**

(a)You must declare in your application for certification your intent to use the provisions of this subpart for each engine family that will be certified using the ABT program. You must also declare the FELs you select for the engine family for each pollutant for which you are using the ABT program. Your FELs must comply with the specifications of subpart B of this part, including the FEL caps. FELs must be expressed to the same number of decimal places as the emission
standards.

(b)Include the following in your application for certification:

(1)A statement that, to the best of your belief, you will not have a negative balance of emission credits for any averaging set when all emission credits are calculated at the end of the year.

(2)Detailed calculations of projected emission credits (positive or negative) based on projected production volumes.

**§ 1042.730 ABT reports.** 

(a)If any of your engine families are certified using the ABT provisions ofthis subpart, you must send an end-ofyear report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. We may waive the requirement to send the end-of-year report, as long as you send the final report on time.

(b)Your end-of-year and final reports must include the following information for each engine family participating in the ABT program:

(1)Engine-family designation. (2)The emission standards that would otherwise apply to the engine family.

(3)The FEL for each pollutant. If you changed an FEL during the model year, identify each FEL you used and calculate the positive or negative emission credits under each FEL. Also,
describe how the FEL can be identified for each engine you produced. For example, you might keep a list of engineVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00178 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37272 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

identification numbers that correspond
with certain FEL values.

(4) The projected and actual production volumes for the model year with a point of first retail sale in the United States, as described in § 1042.705(c). If you changed an FEL during the model year, identify the actual production volume associated
with each FEL.

(5) Maximum engine power for each engine configuration, and the production-weighted average engine power for the engine family.

(6) Useful life. (7) Calculated positive or negative emission credits for the whole engine family. Identify any emission credits that you traded, as described in paragraph (d)(1) of this section.

(c) Your end-of-year and final reports must include the following additional
information:

(1) Show that your net balance of emission credits from all your participating engine families in each averaging set in the applicable model year is not negative.

(2) State whether you will retain any emission credits for banking.

(3) State that the report ’ s contents are

accurate.

(d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows:

(1) Sellers must include the following information in their report:

(i) The corporate names of the buyer and any brokers.

(ii) A copy of any contracts related to
the trade.

(iii) The engine families that generated emission credits for the trade, including the number of emission credits from each family.

(2) Buyers must include the following information in their report:

(i) The corporate names of the seller and any brokers.

(ii) A copy of any contracts related to
the trade.

(iii) How you intend to use the emission credits, including the number of emission credits you intend to apply to each engine family (if known).

(e) Send your reports electronically to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.

(f) Correct errors in your end-of-year report or final report as follows:

(1) You may correct any errors in your end-of-year report when you prepare the final report, as long as you send us the final report by the time it is due.

(2) If you or we determine within 270 days after the end of the model year that errors mistakenly decreased your balance of emission credits, you may
correct the errors and recalculate the balance of emission credits. You may
not make these corrections for errors that are determined more than 270 days after the end of the model year. If you report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(2).

(3) If you or we determine anytime that errors mistakenly increased your balance of emission credits, you must
correct the errors and recalculate the
balance of emission credits.

**§ 1042.735 Recordkeeping.** 

(a) You must organize and maintain your records as described in this section. We may review your records at any time.

(b) Keep the records required by this section for eight years after the due date for the end-of-year report. You may not use emission credits on any engines if you do not keep all the records required
under this section. You must therefore keep these records to continue to bank valid credits. Store these records in any format and on any media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any

time.

(c) Keep a copy of the reports we require in § 1042.730.

(d) Keep the following additional records for each engine you produce that generates or uses emission credits under the ABT program:

(1) Engine family designation. (2) Engine identification number. You may identify these numbers as a range.

(3) FEL and useful life. If you change the FEL after the start of production, identify the date that you started using the new FEL and give the engine
identification number for the first engine covered by the new FEL.

(4) Maximum engine power. (5) Purchaser and destination. (e) We may require you to keep
additional records or to send us relevant information not required by this section,
as allowed under the Clean Air Act.

**§ 1042.745 Noncompliance.** 

(a) For each engine family participating in the ABT program, the certificate of conformity is conditional upon full compliance with the provisions of this subpart during and after the model year. You are responsible to establish to our satisfaction that you fully comply with applicable requirements. We may void the certificate of conformity for an engine family if you fail to comply with any provisions of this subpart. (b) You may certify your engine family to an FEL above an emission standard based on a projection that you will have enough emission credits to offset the deficit for the engine family. However, we may void the certificate of conformity if you cannot show in your final report that you have enough actual
emission credits to offset a deficit for any pollutant in an engine family.

(c) We may void the certificate of conformity for an engine family if you fail to keep records, send reports, or give us information we request.

(d) You may ask for a hearing if we void your certificate under this section (see § 1042.920).

**Subpart I**

**— Special Provisions for**  **Remanufactured Marine Engines**

**§ 1042.801 General provisions.** 

This section describes how the provisions of this part 1042 apply for certain remanufactured marine engines.

(a)The requirements of this subpart apply for remanufactured Tier 2 and earlier commercial marine engines at or above 600 kW, excluding those engines originally manufactured before 1973. Note that the requirements of this subpart do not apply for engines below 600 kW, engines installed on recreational vessels, or Tier 3 and later engines.

(b)Any person meeting the definition
of ‘‘ remanufacturer ’’ in § 1042.901 may apply for a certificate of conformity for a remanufactured engine family.

(c) The rebuilding requirements of 40 CFR 1068.120 do not apply to remanufacturing of engines using a certified remanufacturing system under this subpart. However, the requirements of 40 CFR 1068.120 do apply to all other remanufacturing of engines.

(d) Unless specified otherwise, engines certified under this subpart are also subject to the other requirements of this part.

(e) For remanufactured engines required to have a valid certificate of conformity, placing a new marine engine back into service following remanufacturing is a violation of 40 CFR 1068.101(a)(1), unless it has a valid certificate of conformity for its model year and the required label.

(f) Remanufacturing systems that require a fuel change or use of a fuel additive may be certified under this part. However, they are not considered
to be ‘‘ available ’’ with respect to triggering the requirement for an engine to be covered by a certificate of conformity under § 1042.815. The following provisions apply:VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00179 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37273

(i) Only fuels and additives registered under 40 CFR part 79 may be used under this paragraph.

(ii) You must demonstrate in your application that the fuel or additive will actually be used by operators, including a description of how the vessels and dispensing tanks will be labeled. We may require you to provide the labels to the operators.

(iii) You must also describe analytical methods that can be used by EPA or others to verify that fuel meets your specifications.

(iv) You must provide clear instructions to the operators specifying that they may only use the specified fuel/additive, label their vessels and fuel dispensing tanks, and keep records
of their use of the fuel/additive in order for their engine to be covered by your certificate. Use of the incorrect fuel (or fuel without the specified additive) or any other failure to comply with the requirements of this paragraph is a violation of 40 CFR 1068.101(b)(1).

(g) Vessels equipped with emission controls as part of a state or local retrofit program prior to January 1, 2017 are exempt from the requirements of this subpart, as specified in this paragraph (g).

(1) This exemption only applies for retrofit programs sponsored by a state government (or one of its political subdivisions) for the purpose of reducing emissions. The exemption does not apply where the sponsoring government specifies that inclusion in the retrofit program is not intended to provide an exemption from the requirements of this subpart.

(2) The prohibitions against tampering
and defeat devices in 40 CFR 1068.101(b) and the rebuilding requirements in 40 CFR 1068.120 apply for the exempt engines in the same manner as if they were covered by a
certificate.

(3) Vessel owners must request an exemption prior to remanufacturing the engine. Your request must include documentation that your vessel has
been retrofitted consistent with the specifications of paragraph (g)(1) of this section, and a signed statement declaring that to be true. Except for the initial request for a specific vessel and a specific retrofit, you may consider your request to be approved unless we notify you otherwise within 30 days of the date that we receive your request.

**§ 1042.810 Requirements for owner/**  **operators and installers during**

**remanufacture.**

This section describes how the remanufacturing regulations affect owner/operators and installers for engines subject to this subpart.

(a) See the definition of

‘‘ remanufacture ’’ in § 1042.901 to determine if you are remanufacturing your engine. ( Note: Replacing cylinders one at a time may qualify as remanufacturing, depending on the interval between replacement.)

(b) See the definition of ‘‘ new marine engine ’’ in § 1042.901 to determine if remanufacturing your engine makes it subject to the requirements of this part. If the engine is considered to be new, it is subject to the certification requirements of this subpart, unless it is exempt under subpart G of this part.

(c) Your engine is not subject to the standards of this part if we determine that no certified remanufacturing system is available for your engine as described

in § 1042.815. For engines that are remanufactured during multiple events within a five-year period, you are not required to use a certified system until all of your engine ’ s cylinders have been replaced after the system became available. For example, if you remanufacture your 16-cylinder engine by replacing four cylinders each January and a system becomes available for your engine June 1, 2010, your engine must be in a certified configuration when you replace four cylinders in January of 2014. At that point, all 16 cylinders would have been replaced after June 1,

2010.

(d) You may comply with the certification requirements of this part for your remanufactured engine by either obtaining your own certificate of conformity as specified in subpart C of this part or by having a certifying remanufacturer include your engine under its certificate of conformity. In either case, your remanufactured engine must be covered by a certificate before
it is reintroduced into service.

(e) Contact a certifying remanufacturer to have your engine
included under its certificate of conformity. You must comply with the
certificate holder ’ s emission-related
installation instructions.

**§ 1042.815 Demonstrating availability.** 

(a) A certified remanufacturing system
is considered to be available for a specific engine only if EPA has certified the remanufacturing system as being in compliance with the provisions of this part and the certificate holder has demonstrated during certification that the system meets the criteria of this paragraph (a). We may issue a certificate for a remanufacturing system that does not meet these criteria, but such systems
would not be considered available. (1) The engine configuration must be included in the engine family for the remanufacturing system.

(2) The total marginal cost of the remanufacturing system, as calculated under paragraph (c) of this section, must be less than $45,000 per ton of PM
reduction.

(3) It must be possible to obtain and install the remanufacturing system in a timely manner consistent with normal remanufacturing procedures. For example, a remanufacturing system would generally not be considered to be available if it required that the engine be removed from the vessel and shipped to a factory to be remanufactured.

(4) The remanufacturing system may result in increased maintenance costs, provided the incremental maintenance
costs are included in the total costs. The remanufacturing system may not adversely affect engine reliability or power. Note that owner/operators may
ask us to determine that a remanufacturing system is not
considered available for their vessels
because of excessive costs under § 1042.850.

(b) We will maintain a list of available remanufacturing systems. A new remanufacturing system is considered to be available 120 days after we first issue a certificate of conformity for it. Where we issue a certificate of conformity based on carryover data for a system that is already considered to be available for the configuration, the 120- day delay does not apply and the new system is considered to be available
when we issue the certificate.

(c) For the purpose of paragraph (a)(2) of this section, marginal cost means the
difference in costs between remanufacturing the engine using the remanufacturing system and remanufacturing the engine conventionally, divided by the projected
amount that PM emissions will be reduced over the engine ’ s useful life.

(1) Total costs include: (i) Incremental hardware costs. (ii) Incremental labor costs. (iii) Incremental operating costs over one useful life period.

(iv) Other costs (such as shipping). (2) Calculate the projected amount
that PM emissions will be reduced over the engine ’ s useful life using the following equation:
PM tons = (EF base ¥ EF cont) × (PR) × (UL)

× (LF) × (10

¥ 6 )

Where:

EF base = deteriorated baseline PM emission rate (g/kW-hr).

EF cont = deteriorated controlled PM emission rate (g/kW-hr). PR = maximum engine power for the engine (kW).VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00180 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37274 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

UL = useful life (hr). LF = the load factor that would apply for your engine under § 1042.705.

**§ 1042.820 Emission standards and**  **required emission reductions for remanufactured engines.** 

(a) The requirements of this section apply with respect to emissions as measured according to subpart F of this part. See paragraph (g) of this section for special provisions related to remanufacturing systems certified for both locomotive and marine engines.
Remanufactured Tier 2 and earlier engines may be certified under this subpart only if they have NO X emissions equivalent to or less than baseline NO X levels and PM emissions at least 25.0 percent less than baseline PM emission
levels. See § 1042.825 for provisions for determining baseline NO X and PM

emissions. See § 1042.835 for provisions related to demonstrating compliance with these requirements.

(b) The NTE and ABT provisions of this part do not apply for remanufactured engines.

(c) The exhaust emission standards in this section apply for engines using the fuel type on which the engines in the engine family are designed to operate. Engines designed to operate using residual fuel must comply with the standards and requirements of this part when operated using residual fuel.

(d) Your engines must meet the
exhaust emission standards of this section over their full useful life, as
defined in § 1042.101(e).

(e) The duty-cycle emission standards in this subpart apply to all testing performed according to the procedures

in § 1042.505, including certification, production-line, and in-use testing.

(f) Sections 1042.120, 1042.125, 1042.130, 1042.140 apply for remanufactured engines as written. Section 1042.115 applies for remanufactured engines as written, except for the requirement that electronically controlled engines broadcast their speed and output shaft torque.

(g) A remanufacturing system certified for locomotive engines under 40 CFR part 1033 may be deemed to also meet the requirements of this section, as specified in § 1042.836.

**§ 1042.825 Baseline determination.** 

(a) For the purpose of this subpart, the

term ‘‘ baseline emissions ’’ means the average measured emission rate specified by this section. Baseline emissions are specific to a given certificate holder and a given engine configuration.

(b) Select a used engine to be the emission-data engine for the engine family for testing. Using good engineering judgment, select the engine configuration expected to represent the most common configuration in the family.

(c) Remanufacture the engine according to OEM specifications (or equivalent). The engine is considered

‘‘ the baseline engine ’’ at this point. If the OEM specifications include a range of adjustment for any parameter, set the parameter to the midpoint of the range. You may ask us to allow you to adjust it differently, consistent with good engineering judgment.

(d) Test the baseline engine four times according to the test procedures in subpart F of this part. The baseline emissions are the average of those four

tests.

(e) We may require you to test a second engine of the same or different configuration in addition to the engine tested under this section. If we require you to test the same configuration, average the results of the testing with previous results, unless we determine that your previous results are not valid.

(f) Use good engineering judgment for all aspects of the baseline determination. We may reject your baseline if we determine that you did not use good engineering judgment, consistent with the provisions of 40 CFR

1068.5.

**§ 1042.830 Labeling.** 

(a) At the time of remanufacture, affix a permanent and legible label identifying each engine. The label must
be

—

(1) Attached in one piece so it is not removable without being destroyed or
defaced.

(2) Secured to a part of the engine needed for normal operation and not normally requiring replacement.

(3) Durable and readable for the engine ’ s entire useful life.

(4) Written in English. (b) The label must

— (1) Include the heading ‘‘ EMISSION

CONTROL INFORMATION ’’

.

(2) Include your full corporate name
and trademark.

(3) Include EPA ’ s standardized designation for the engine family.

(4) State the engine ’ s category, displacement (in liters or L/cyl), maximum engine power (in kW), and power density (in kW/L) as needed to
determine the emission standards for the engine family. You may specify displacement, maximum engine power, and power density as ranges consistent with the ranges listed in § 1042.101. See § 1042.140 for descriptions of how to specify per-cylinder displacement, maximum engine power, and power density. (5) State: ‘‘ THIS MARINE ENGINE COMPLIES WITH 40 CFR 1042, SUBPART I, FOR [CALENDAR YEAR OF REMANUFACTURE]. ’’

.

(c) You may add information to the
emission control information label to identify other emission standards that the engine meets or does not meet (such as international standards). You may
also add other information to ensure that the engine will be properly
maintained and used.

(d) You may ask us to approve modified labeling requirements in this section if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the intent of the labeling requirements of this section.

**§ 1042.835 Certification of remanufactured**  **engines.**

(a) General requirements. See §§ 1042.201, 1042.210, 1042.220, 1042.225, 1042.250, and 1042.255 for the general requirements related to obtaining a certificate of conformity. See § 1042.836 for special certification provisions for remanufacturing systems certified for locomotive engines under

40 CFR 1033.936.

(b) Applications. See § 1042.840 for a description of what you must include in your application.

(c) Engine families. See § 1042.845 for instruction about dividing your engines into engine families.

(d) Test data. (1) Measure baseline emissions for the test configuration as specified in § 1042.825.

(2)Measure emissions from the test engine for your remanufacturing system according to the procedures of subpart F of this part.

(3)We may measure emissions from any of your test engines or other engines from the engine family, as follows:

(i) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the test engine to a test facility we designate. The test engine you provide must include appropriate manifolds, aftertreatment devices, electronic control units, and other emission-related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need.

(ii)If we measure emissions from one of your test engines, the results of that testing become the official emission results for the engine. Unless we later invalidate these data, we may decide not to consider your data in determining if your engine family meets applicable requirements.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00181 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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(iii) Before we test one of your engines, we may set its adjustable parameters to any point within the specified adjustable ranges (see § 1042.115(d)).

(iv) Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter.

(4) You may ask to use emission data from a previous model year instead of doing new tests, but only if all the following are true:

(i) The engine family from the previous model year differs from the current engine family only with respect to model year or other characteristics unrelated to emissions. You may also ask to add a configuration subject to § 1042.225.

(ii) The emission-data engine from the previous model year remains the appropriate emission-data engine.

(iii) The data show that the emissiondata engine would meet all the requirements that apply to the engine family covered by the application for
certification.

(5) We may require you to test a second engine of the same or different configuration in addition to the engine
tested under this section.

(6) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure.

(e) Demonstrating compliance. (1) For purposes of certification, your engine family is considered in compliance with
the emission standards in § 1042.820 if all emission-data engines representing that family have test results showing compliance with the standards and percent reductions required by that section. To compare emission levels from the emission-data engine with the applicable emission standards, apply an
additive deterioration factor of 0.015 g/kW-hr to the measured emission levels for PM. Alternatively, you may test your engine as specified in § 1042.245 to develop deterioration factors that represent the deterioration expected in emissions over your engines ’ full useful life.

(2) Collect emission data using
measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission-data engine.

(3) Your applicable NO X standard for each configuration is the baseline NO X emission rate for that configuration plus

5.0percent (to account for test-to-test and engine-to-engine variability). Your applicable PM standard for each configuration is the baseline PM emission rate for that configuration multiplied by 0.750 plus the deterioration factor. If you choose to include configurations in your engine family for which you do not measure baseline emissions, you must demonstrate through engineering analysis that your remanufacturing system will reduce PM emissions by at least 25.0 percent for those configurations and not increase NO X emissions.

(4) Your engine family is deemed not to comply if any emission-data engine representing that family for certification has test results showing a deteriorated emission level above an applicable emission standard for any pollutant.

(f) Safety Evaluation. You must exercise due diligence in ensuring that your system will not adversely affect safety or otherwise violate the prohibition of § 1042.115(e).

(g) Compatibility Evaluation. If you are not the original manufacturer of the engine, you must contact the original manufacturer of the engine to verify that your system is compatible with the engine. Keep records of your contact with the original manufacturer.

**§ 1042.836 Marine certification of**  **locomotive remanufacturing systems.**

If you certify a Tier 0, Tier 1, or Tier 2 remanufacturing system for locomotives under 40 CFR part 92 or part 1033, you may also certify the system under this part 1042, according to the provisions of this section.

(a) Include the following with your application for certification under 40 CFR part 1033:

(1) A statement of your intent to use your remanufacturing system for marine engines. Include a list of marine engine models for which your system may be
used.

(2) If there are significant differences in how your remanufacture system will be applied to marine engines relative to locomotives, in an engineering analysis demonstrating that your system will
achieve emission reductions from marine engines similar to those from
locomotives.

(3) A description of modifications needed for marine applications.

(4) A demonstration of availability as
described in § 1042.815, except that the total marginal cost threshold does not apply.

(5) An unconditional statement that all the engines in the engine family comply with the requirements of this part, other referenced parts of the CFR,
and the Clean Air Act.

(b) Sections 1042.835 and 1042.840 do not apply for engines certified under
this section.

(c) Systems certified under 40 CFR part 92 are subject to the following

restrictions:

(1) Tier 0 locomotives systems may not be used for any Category 1 engines or Tier 1 or later Category 2 engines.

(2) Where systems certified under 40 CFR part 1033 are also available for an engine, you may not use a system certified under 40 CFR part 92.

**§ 1042.840 Application requirements for**  **remanufactured engines.**

This section specifies the information that must be in your application, unless we ask you to include less information
under § 1042.201(c). We may require you to provide additional information to evaluate your application.

(a)Describe the engine family ’ s specifications and other basic parameters of the engine ’ s design and emission controls. List the fuel type on which your engines are designed to operate (for example, ultra low-sulfur diesel fuel). List each distinguishable engine configuration in the engine family. For each engine configuration, list the maximum engine power and the range of values for maximum engine power resulting from production tolerances, as described in § 1042.140.

(b) Explain how the emission control system operates. Describe in detail all system components for controlling exhaust emissions, including any auxiliary emission control devices (AECDs) you add to the engine. Identify the part number of each component you
describe.

(c)Summarize your cost effectiveness analysis used to demonstrate your system will meet the availability criteria
of § 1042.815. Identify the maximum
allowable costs for vessel modifications
to meet the these criteria.

(d) Describe the engines you selected for testing and the reasons for selecting
them.

(e)Describe the test equipment and procedures that you used, including the duty cycle(s) and the corresponding engine applications. Also describe any special or alternate test procedures you
used.

(f) Describe how you operated the emission-data engine before testing, including the duty cycle and the number of engine operating hours usedVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00182 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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to stabilize emission levels. Explain why you selected the method of service accumulation. Describe any scheduled maintenance you did.

(g) List the specifications of the test
fuel to show that it falls within the required ranges we specify in 40 CFR part 1065. See § 1042.801 if your
certification is based on the use of special fuels or additives.

(h) Identify the engine family ’ s useful
life.

(i) Include the maintenance and warranty instructions you will give to the owner/operator (see §§ 1042.120 and 1042.125).

(j) Include the emission-related installation instructions you will provide if someone else installs your engines in a vessel (see § 1042.130).

(k) Describe your emission control information label (see § 1042.830).

(l) Identify the engine family ’ s deterioration factors and describe how you developed them (see § 1042.245). Present any emission test data you used
for this.

(m) State that you operated your emission-data engines as described in the application (including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part.

(n) Present emission data for HC,

NO X , PM, and CO as required by § 1042.820. Show emission figures before and after applying adjustment factors for regeneration and deterioration factors for each pollutant and for each engine.

(o) Report all test results, including those from invalid tests, whether or not they were conducted according to the test procedures of subpart F of this part. If you measure CO 2 , report those emission levels. We may ask you to
send other information to confirm that your tests were valid under the requirements of this part and 40 CFR part 1065.

(p) Describe all adjustable operating parameters (see § 1042.115(d)), including production tolerances. Include the following in your description of each parameter:

(1) The nominal or recommended setting.

(2) The intended physically adjustable

range.

(3) The limits or stops used to establish adjustable ranges.

(4) For Category 1 engines, information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your intended physically adjustable ranges. (5) For Category 2 engines, propose a range of adjustment for each adjustable parameter, as described in § 1042.115(d). Include information showing why the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your proposed adjustable

ranges.

(q) Unconditionally certify that all the engines in the engine family comply with the requirements of this part, other referenced parts of the CFR, and the
Clean Air Act.

(r) Include the information required by other subparts of this part.

(s) Include other applicable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions.

(t) Name an agent for service located
in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the
United States related to the requirements of this part.

(u) If you are not the original manufacturer of the engine, include a summary of your contact with the original manufacturer of the engine and provide to us any documentation provided to you by the original
manufacturer.

**§ 1042.845 Remanufactured engine** 

**families.**

(a) For purposes of certification, divide your product line into families of engines that are expected to have
similar emission characteristics throughout the useful life as described in this section. You may not group Category 1 and Category 2 engines in the same family.

(b) In general, group engines in the same engine family if they are the same in all the following aspects:

(1) The combustion cycle and fuel (the fuels with which the engine is intended or designed to be operated).

(2) The cooling system (for example, raw-water vs. separate-circuit cooling).

(3) Method of air aspiration. (4) Method of exhaust aftertreatment (for example, catalytic converter or particulate trap).

(5) Combustion chamber design. (6) Nominal bore and stroke. (7) Method of control for engine operation other than governing (i.e., mechanical or electronic).

(8) Original engine manufacturer. (c) Alternatively, you may ask us to allow you to include other engine configurations in your engine family, consistent with good engineering judgment. (d) Do not include in your family any configurations for which good engineering judgment indicates that your emission controls are unlikely to provide PM emission reductions similar to the configuration(s) tested.

**§ 1042.850 Exemptions and hardship** 

**relief.**

This section describes exemption and hardship provisions that are available for owner/operators of engine subject to the provisions of this subpart.

(a)Vessels owned and operated by
entities that meet the size criterion of this paragraph (a) are exempt from the requirements of this subpart I. To be exempt, your gross annual revenue for the calendar year before the
remanufacture must be less than $5,000,000 in 2008 dollars or the equivalent value for future years based
on the Bureau of Labor Statistics ’ Producer Price Index (see www.bls.gov ). Include all revenues from any parent company and its subsidiaries. The exemption applies only for years in which you meet this criterion.

(b)In unusual circumstances, we may exempt you from an otherwise applicable requirement that you apply a certified remanufacturing system when remanufacturing your marine engine.

(1)To be eligible, you must demonstrate that all of the following are

true:

(i) Unusual circumstances prevent you from meeting requirements from this chapter.

(ii) You have taken all reasonable steps to minimize the extent of the nonconformity.

(iii)Not having the exemption will jeopardize the solvency of your

company.

(iv) No other allowances are available under the regulations in this chapter to avoid the impending violation.

(2)Send the Designated Compliance Officer a written request for an exemption before you are in violation.

(3)We may impose other conditions, including provisions to use an engine meeting less stringent emission
standards or to recover the lost
environmental benefit.

(4)In determining whether to grant the exemptions, we will consider all relevant factors, including the following:

(i) The number of engines to be exempted.

(ii) The size of your company and your ability to endure the hardship.

(iii)The length of time a vessel is expected to remain in service.

(c)If you believe that a remanufacturing system that we identified as being available cannot beVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00183 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37277

installed without significant modification of your vessel, you may
ask us to determine that a remanufacturing system is not considered available for your vessel
because the cost would be excessive.

**Subpart J**

**— Definitions and Other** 

**Reference Information**

**§ 1042.901 Definitions.** 

The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Clean Air Act gives to them. The
definitions follow:

Adjustable parameter means any device, system, or element of design that someone can adjust (including those which are difficult to access) and that, if adjusted, may affect emissions or engine performance during emission testing or normal in-use operation. This includes, but is not limited to, parameters related to injection timing and fueling rate. You may ask us to exclude a parameter that is difficult to access if it cannot be adjusted to affect emissions without significantly degrading engine performance, or if you
otherwise show us that it will not be adjusted in a way that affects emissions during in-use operation.

Aftertreatment means relating to a catalytic converter, particulate filter, or any other system, component, or technology mounted downstream of the exhaust valve (or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is
exhausted to the environment. Exhaustgas recirculation and turbochargers are
not aftertreatment.

Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water.

Annex VI Technical Code means the

‘‘ Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines, 1997, ’’ adopted by the International Maritime Organization (incorporated by reference in § 1042.910).

Applicable emission standard or applicable standard means an emission standard to which an engine is subject; or, where an engine has been or is being certified to another standard or FEL, applicable emission standards means
the FEL and other standards to which the engine has been or is being certified. This definition does not apply to subpart H of this part.

Auxiliary emission control device means any element of design that senses temperature, vessel speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.

Base engine means a land-based engine to be marinized, as configured prior to marinization.

Baseline emissions has the meaning given in § 1042.825.

Brake power means the usable power output of the engine, not including power required to fuel, lubricate, or heat the engine, circulate coolant to the engine, or to operate aftertreatment
devices.

Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range.

Carryover means the process of obtaining a certificate for one model year using the same test data from the preceding model year, as described in § 1042.235(d). This generally requires that the locomotives in the engine family do not differ in any aspect
related to emissions.

Category 1 means relating to a marine engine with specific engine displacement below 7.0 liters per cylinder.

Category 2 means relating to a marine engine with a specific engine displacement at or above 7.0 liters per cylinder but less than 30.0 liters per cylinder.

Category 3 means relating to a marine engine with a specific engine displacement at or above 30.0 liters per cylinder.

Certification means relating to the process of obtaining a certificate of conformity for an engine family that complies with the emission standards and requirements in this part.

Certified emission level means the highest deteriorated emission level in an engine family for a given pollutant from either transient or steady-state testing.

Clean Air Act means the Clean Air Act, as amended, 42 U.S.C. 7401

– 7671q.

Commercial means relating to an engine or vessel that is not a recreational marine engine or a
recreational vessel.

Compression-ignition means relatingto a type of reciprocating, internalcombustion engine that is not a sparkignition engine. Note that marine engines powered by natural gas with maximum engine power at or above 250kW are deemed to be compressionignition engines in § 1042.1.

Constant-speed engine means an engine whose certification is limited to constant-speed operation. Engines whose constant-speed governor function is removed or disabled are no longer constant-speed engines.

Constant-speed operation has the meaning given in 40 CFR 1065.1001.

Crankcase emissions means airborne substances emitted to the atmosphere from any part of the engine crankcase ’ s ventilation or lubrication systems. The crankcase is the housing for the
crankshaft and other related internal parts.

Critical emission-related component means any of the following components:

(1) Electronic control units, aftertreatment devices, fuel-metering components, EGR-system components, crankcase-ventilation valves, all components related to charge-air compression and cooling, and all
sensors and actuators associated with any of these components.

(2) Any other component whose primary purpose is to reduce emissions.

Days means calendar days, unless otherwise specified. For example, where we specify working days, we mean calendar days excluding weekends and

U.S. national holidays.

Designated Compliance Officer means the Manager, Heavy-Duty and Nonroad Engine Group (6403-J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington,

DC 20460.

Deteriorated emission level means the
emission level that results from applying the appropriate deterioration
factor to the official emission result of the emission-data engine.

Deterioration factor means the relationship between emissions at the
end of useful life and emissions at the low-hour test point (or between highest and lowest emission levels, if applicable), expressed in one of the following ways:

(1) For multiplicative deterioration factors, the ratio of emissions at the end
of useful life to emissions at the lowhour test point.

(2) For additive deterioration factors,
the difference between emissions at the
end of useful life and emissions at the low-hour test point.

Diesel fuel has the meaning given in 40 CFR 80.2. This generally includes No. 1 and No. 2 petroleum diesel fuels
and biodiesel fuels.

Discrete-mode means relating to the discrete-mode type of steady-state test
described in § 1042.505.

Emission control system means any device, system, or element of design that
controls or reduces the emissions of regulated pollutants from an engine.

Emission-data engine means an engine that is tested for certification. This includes engines tested to establish
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Emission-related maintenance means maintenance that substantially affects emissions or is likely to substantially
affect emission deterioration.

Engine has the meaning given in 40 CFR 1068.30. This includes complete and partially complete engines.

Engine configuration means a unique combination of engine hardware and calibration within an engine family. Engines within a single engine configuration differ only with respect to normal production variability.

Engine family has the meaning given

in § 1042.230.

Engine manufacturer means a manufacturer of an engine. See the
definition of ‘‘ manufacturer ’’ in this

section.

Engineering analysis means a summary of scientific and/or engineering principles and facts that support a conclusion made by a manufacturer, with respect to compliance with the provisions of this part.

Excluded means relating to an engine
that either:

(1) Has been determined not to be a nonroad engine, as specified in 40 CFR

1068.30; or

(2) Is a nonroad engine that, according

to § 1042.5, is not subject to this part

1042.

Exempted has the meaning given in

40 CFR 1068.30.

Exhaust-gas recirculation means a technology that reduces emissions by routing exhaust gases that had been
exhausted from the combustion chamber(s) back into the engine to be mixed with incoming air before or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber(s) that is mixed with incoming air before or during combustion is not considered exhaust-gas recirculation for the purposes of this part.

Family emission limit (FEL) means an emission level declared by the manufacturer to serve in place of an otherwise applicable emission standard under the ABT program in subpart H of this part. The family emission limit must be expressed to the same number of decimal places as the emission standard it replaces. The family
emission limit serves as the emission standard for the engine family with respect to all required testing.

Freshly manufactured marine engine means a new marine engine that has not been remanufactured. An engine becomes freshly manufactured when it is originally manufactured.

Foreign vessel means a vessel of foreign registry or a vessel operated under the authority of a country other
than the United States.

Fuel system means all components involved in transporting, metering, and mixing the fuel from the fuel tank to the combustion chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuelfilters, fuel lines, carburetor or fuelinjection components, and all fuelsystem vents.

Fuel type means a general category of fuels such as gasoline, diesel fuel, residual fuel, or natural gas. There can be multiple grades within a single fuel type, such as high-sulfur or low-sulfur
diesel fuel.

Good engineering judgment has the meaning given in 40 CFR 1068.30. See
40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment.

Green Engine Factor means a factor that is applied to emission measurements from a Category 2 engine
that has had little or no service accumulation. The Green Engine Factor adjusts emission measurements to be equivalent to emission measurements from an engine that has had approximately 300 hours of use.

High-sulfur diesel fuel means one of the following:

(1) For in-use fuels, high-sulfur diesel fuel means a diesel fuel with a
maximum sulfur concentration above 500 parts per million.

(2)For testing, high-sulfur diesel fuel has the meaning given in 40 CFR part

1065.

Hydrocarbon (HC) means the hydrocarbon group on which the
emission standards are based for each fuel type, as described in § 1042.101(d).

Identification number means a unique specification (for example, a model number/serial number combination) that allows someone to distinguish a particular engine from other similar engines.

Low-hour means relating to an engine
that has stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 125 hours of operation for engines
below 560 kW and less than 300 hours for engines at or above 560 kW.

Low-sulfur diesel fuel means one of the following:

(1)For in-use fuels, low-sulfur diesel fuel means a diesel fuel market as lowsulfur diesel fuel having a maximum sulfur concentration of 500 parts per
million.

(2)For testing, low-sulfur diesel fuel has the meaning given in 40 CFR part

1065.

Manufacture means the physical and engineering process of designing, constructing, and assembling an engine
or a vessel.

Manufacturer has the meaning given in section 216(1) of the Clean Air Act (42 U.S.C. 7550(1)). In general, this term includes any person who manufactures an engine or vessel for sale in the
United States or otherwise introduces a new marine engine into U.S. commerce. This includes importers who import engines or vessels for resale. It also includes post-manufacture marinizers, but not dealers. All manufacturing
entities under the control of the same person are considered to be a single
manufacturer.

Marine engine means a nonroad engine that is installed or intended to be
installed on a marine vessel. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. A fueling system is considered integral to the vessel only if one or more essential elements are permanently
affixed to the vessel. There are two kinds of marine engines:

(1)Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel ’ s
movement.

(2)Auxiliary marine engine means a marine engine not used for propulsion.

Marine vessel has the meaning given in 1 U.S.C. 3, except that it does not include amphibious vehicles. The definition in 1 U.S.C. 3 very broadly includes every craft capable of being used as a means of transportation on

water.

Maximum engine power has the meaning given in § 1042.140.

Maximum test power means the power output observed at the maximum test speed with the maximum fueling rate possible.

Maximum test speed has the meaning given in 40 CFR 1065.1001.

Maximum test torque has the meaning given in 40 CFR 1065.1001.

Model year means one of the following things:

(1)For freshly manufactured marine engines (see definition of ‘‘ new marine engine, ’’ paragraph (1)), model year means one of the following:

(i) Calendar year. (ii) Your annual new model production period if it is different than the calendar year. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by
December 31 of the named calendar

year.

(2)For an engine that is converted to a marine engine after originally being placed into service as a motor-vehicleVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00185 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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engine, a nonroad engine that is not a marine engine, or a stationary engine, model year means the calendar year in which the engine was converted (see
definition of ‘‘ new marine engine, ’’ paragraph (2)).

(3) For a marine engine excluded
under § 1042.5 that is later converted to operate in an application that is not excluded, model year means the calendar year in which the engine was converted (see definition of ‘‘ new marine engine, (paragraph (3)).

(4) For engines that are not freshly
manufactured but are installed in new vessels, model year means the calendar year in which the engine is installed in the new vessel (see definition of ‘‘ new marine engine, ’’ paragraph (4)).

(5) For imported engines: (i) For imported engines described in paragraph (5)(i) of the definition of

‘‘ new marine engine, ’’ model year has the meaning given in paragraphs (1) through (4) of this definition.

(ii) For imported engines described in paragraph (5)(ii) of the definition of new marine engine, ’’ model year means the calendar year in which the engine is
modified.

(iii) For imported engines described in paragraph (5)(iii) of the definition of

‘‘ new marine engine, ’’ model year means the calendar year in which the importation occurs.

(6) For freshly manufactured vessels, model year means the calendar year in
which the keel is laid or the vessel is at a similar stage of construction. For
vessels that become new as a result of substantial modifications, model year means the calendar year in which the modifications physically begin.

(7) For remanufactured engines, model year means the calendar year in which the remanufacture takes place. Motor vehicle has the meaning given in 40 CFR 85.1703(a).

New marine engine means any of the following things:

(1) A freshly manufactured marine engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as ‘‘ brand

new. ’’ In the case of this paragraph (1), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes
first.

(2) An engine intended to be installed in a vessel that was originally manufactured as a motor-vehicle engine, a nonroad engine that is not a marine engine, or a stationary engine. In thiscase, the engine is no longer a motorvehicle, nonmarine, or stationary engine
and becomes a ‘‘ new marine engine. ’’ The engine is no longer new when it is placed into marine service.

(3) A marine engine that has been previously placed into service in an application we exclude under § 1042.5, where that engine is installed in a vessel that is covered by this part 1042. The engine is no longer new when it is placed into marine service covered by this part 1042. For example, this would apply to an engine that is no longer used in a foreign vessel.

(4) An engine not covered by paragraphs (1) through (3) of this
definition that is intended to be installed in a new vessel. The engine is no longer new when the ultimate purchaser receives a title for the vessel or it is placed into service, whichever comes first. This generally includes installation of used engines in new
vessels. (5) A remanufactured marine engine. An engine becomes new when it is remanufactured (as defined in this section) and ceases to be new when placed back into service.

(6) An imported marine engine, subject to the following provisions:

(i) An imported marine engine covered by a certificate of conformity issued under this part that meets the criteria of one or more of paragraphs (1) through (4) of this definition, where the original engine manufacturer holds the certificate, is new as defined by those applicable paragraphs.

(ii) An imported remanufactured engine that would have been required to
be certified if it had been
remanufactured in the United States.

(iii) An imported engine that will be covered by a certificate of conformity issued under this part, where someone other than the original engine manufacturer holds the certificate (such as when the engine is modified after its initial assembly), is a new marine engine when it is imported. It is no longer new when the ultimate purchaser receives a title for the engine or it is placed into service, whichever comes
first.

(iv) An imported marine engine that is not covered by a certificate of conformity issued under this part at the time of importation is new, but only if it was produced on or after the dates shown in the following table. This addresses uncertified engines and vessels initially placed into service that someone seeks to import into the United States. Importation of this kind of engine (or vessel containing such an engine) is generally prohibited by 40 CFR part 1068.



### A PPLICABILITY OF 

### E MISSION 

### S TANDARDS FOR 

### C OMPRESSION 

### -I GNITION 

### M ARINE 

### E NGINES

Engine category and type Power (kW) Per-cylinder displacement (L/cyl) Initial modelyear of emission standards

Category 1 ................................................................................ Category 1 ................................................................................ Category 1, Recreational .......................................................... Category 1, Recreational .......................................................... Category 1, Recreational .......................................................... Category 1, Commercial ........................................................... Category 1, Commercial ........................................................... Category 2 and 3 ...................................................................... P < 19 ...............................

...... 19 ≤ P < 37 .............................

P ≥ 37 .....................................

All ..........................................

.. All ..........................................

.. P ≥ 37 .....................................

All ............................................

All ............................................ All ............................................

All ............................................ disp. < 0.9 ...............................

0.9 ≤ disp. < 2.5 ...................... disp. ≥ 2.5 ............................... disp. < 0.9 ............................... disp. ≥ 0.9 ............................... disp. ≥ 5.0 ............................... 2000

1999

2007

2006

2004

2005

2004

2004

New vessel means any of the following:

(1) A vessel for which the ultimate purchaser has never received the equitable or legal title. The vessel is no longer new when the ultimate purchaser receives this title or it is placed into service, whichever comes first.

(2) For vessels with no Category 3 engines, a vessel that has been modified

such that the value of the modifications exceeds 50 percent of the value of the modified vessel, excluding temporary modifications (as defined in this section). The value of the modification

is the difference in the assessed value of

the vessel before the modification and

the assessed value of the vessel after the modification. The vessel is no longer new when it is placed into service. UseVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00186 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37280 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

the following equation to determine if
the fractional value of the modification exceeds 50 percent:
Percent of value = [(Value after modification)

¥ (Value before modification)] × 100% ÷ (Value after modification)
(3) For vessels with Category 3 engines, a vessel that has undergone a modification that substantially alters the dimensions or carrying capacity of the vessel, changes the type of vessel, or substantially prolongs the vessel ’ s life.

(4) An imported vessel that has already been placed into service, where it has an engine not covered by a certificate of conformity issued under this part at the time of importation that
was manufactured after the requirements of this part start to apply (see § 1042.1).

Noncompliant engine means an engine that was originally covered by a certificate of conformity but is not in the certified configuration or otherwise does not comply with the conditions of the
certificate.

Nonconforming engine means an engine not covered by a certificate of conformity that would otherwise be subject to emission standards.

Nonmethane hydrocarbon has the meaning given in 40 CFR 1065.1001. This generally means the difference
between the emitted mass of total hydrocarbons and the emitted mass of
methane.

Nonroad means relating to nonroad engines, or vessels, or equipment that include nonroad engines.

Nonroad engine has the meaning given in 40 CFR 1068.30. In general, this means all internal-combustion engines except motor vehicle engines, stationary engines, engines used solely for competition, or engines used in aircraft.

Official emission result means the
measured emission rate for an emissiondata engine on a given duty cycle before the application of any deterioration factor, but after the applicability of regeneration adjustment factors.

Operator demand has the meaning given in 40 CFR 1065.1001.

Owners manual means a document or collection of documents prepared by the engine manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale. The owners manual may be in paper or electronic format.

Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.

Particulate trap means a filtering device that is designed to physically trap particulate matter above a certain

size.

Passenger means a person that provides payment as a condition of boarding a vessel. This does not include the owner or any paid crew members.

Placed into service means put into initial use for its intended purpose.

Point of first retail sale means the
location at which the initial retail sale occurs. This generally means a vessel dealership or manufacturing facility, but may also include an engine seller or distributor in cases where loose engines are sold to the general public for uses such as replacement engines.

Post-manufacture marinizer means an entity that produces a marine engine by modifying a non-marine engine, whether certified or uncertified, complete or partially complete, where the entity is not controlled by the manufacturer of the base engine or by an entity that also controls the manufacturer of the base engine. In addition, vessel manufacturers that substantially modify marine engines are post-manufacture marinizers. For the purpose of this definition,

‘‘ substantially modify ’’ means changing an engine in a way that could change engine emission characteristics.

Power density has the meaning given

in § 1042.140.

Ramped-modal means relating to the ramped-modal type of steady-state test
described in § 1042.505.

Rated speed means the maximum full-load governed speed for governed engines and the speed of maximum power for ungoverned engines.

Recreational marine engine means a Category 1 propulsion marine engine that is intended by the manufacturer to
be installed on a recreational vessel.

Recreational vessel means a vessel that is intended by the vessel manufacturer to be operated primarily for pleasure or leased, rented or
chartered to another for the latter ’ s pleasure. However, this does not include the following vessels:

(1) Vessels below 100 gross tons that carry more than 6 passengers.

(2) Vessels at or above 100 gross tons that carry one or more passengers.

(3) Vessels used solely for competition (see § 1042.620).

Remanufacture means to replace every cylinder liner in a commercial engine with maximum engine power at or above 600 kW, whether during a single maintenance event or cumulatively within a five-year period. For the purpose of this definition,

‘‘ replace ’’ includes removing, inspecting, and requalifying a liner. Rebuilding a recreational engine or an engine with maximum engine power below 600 kW is not remanufacturing.

Remanufacture system or remanufacturing system means all components (or specifications for components) and instructions necessary to remanufacture an engine in accordance with applicable requirements of this part 1042.

Remanufacturer has the meaning given to ‘‘ manufacturer ’’ in section 216(1) of the Clean Air Act (42 U.S.C. 7550(1)) with respect to remanufactured marine engines. This term includes any person that is engaged in the manufacture or assembly of remanufactured engines, such as persons who:

(1)Design or produce the emissionrelated parts used in remanufacturing.

(2)Install parts in or on an existing engine to remanufacture it.

(3)Own or operate the engine and provide specifications as to how an engine is to be remanufactured (i.e., specifying who will perform the work, when the work is to be performed, what parts are to be used, or how to calibrate the adjustable parameters of the engine).

Residual fuel has the meaning given in 40 CFR 80.2. This generally includes all RM grades of marine fuel without regard to whether they are known commercially as residual fuel. For example, fuel marketed as intermediate fuel may be residual fuel.

Revoke has the meaning given in 40 CFR 1068.30. In general this means to
terminate the certificate or an exemption for an engine family.

Round has the meaning given in 40

CFR 1065.1001.

Scheduled maintenance means adjusting, repairing, removing, disassembling, cleaning, or replacing components or systems periodically to keep a part or system from failing, malfunctioning, or wearing prematurely. It also may mean actions you expect are necessary to correct an overt indication
of failure or malfunction for which periodic maintenance is not appropriate.

Small volume boat builder means a boat manufacturer with fewer than 500 employees and with annual worldwide production of fewer than 100 boats. For manufacturers owned by a parent company, these limits apply to the combined production and number of employees of the parent company and
all its subsidiaries.

Small-volume engine manufacturer
means a manufacturer with annual worldwide production of fewer than 1,000 internal combustion engines (marine and nonmarine). For manufacturers owned by a parent company, the limit applies to theVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00187 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37281

production of the parent company and
all its subsidiaries.

Spark-ignition means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation.

Specified adjustable range means a range of adjustment for an adjustable parameter that is approved as part of certification. Note that Category 1 engines must comply with emission standards over the full physically adjustable range for any adjustable parameters.

Steady-state has the meaning given in

40 CFR 1065.1001.

Sulfur-sensitive technology means an emission control technology that experiences a significant drop in emission control performance or emission-system durability when an engine is operated on low-sulfur fuel (i.e., fuel with a sulfur concentration of 300 to 500 ppm) as compared to when it is operated on ultra low-sulfur fuel (i.e., fuel with a sulfur concentration less than 15 ppm). Exhaust-gas
recirculation is not a sulfur-sensitive technology.

Suspend has the meaning given in 40 CFR 1068.30. In general this means to temporarily discontinue the certificate or an exemption for an engine family.

Temporary modification means a modification to a vessel based on a
written contract for marine services
such that the modifications will be
removed from the vessel when the contract expires. This provision is
intended to address short-term contracts that would generally be less than 12 months in duration. You may ask us to
consider modifications that will be in place longer than 12 months as temporary modifications.

Test engine means an engine in a test sample.

Test sample means the collection of engines selected from the population of an engine family for emission testing. This may include testing for certification, production-line testing, or in-use testing.

Tier 1 means relating to the Tier 1 emission standards, as shown in Appendix I.

Tier 2 means relating to the Tier 2 emission standards, as shown in Appendix I.

Tier 3 means relating to the Tier 3 emission standards, as shown in § 1042.101. Tier 4 means relating to the Tier 4 emission standards, as shown in § 1042.101.

Total hydrocarbon has the meaning given in 40 CFR 1065.1001. This generally means the combined mass of organic compounds measured by the specified procedure for measuring total hydrocarbon, expressed as ahydrocarbon with an atomic hydrogento-carbon ratio of 1.85:1.

Total hydrocarbon equivalent has the meaning given in 40 CFR 1065.1001. This generally means the sum of the
carbon mass contributions of nonoxygenated hydrocarbons, alcohols and aldehydes, or other organic compounds that are measured separately as contained in a gas sample, expressed asexhaust hydrocarbon from petroleumfueled locomotives. The hydrogen-tocarbon ratio of the equivalent hydrocarbon is 1.85:1.

Ultimate purchaser means, with respect to any new vessel or new marine engine, the first person who in good faith purchases such new vessel or new marine engine for purposes other than
resale.

Ultra low-sulfur diesel fuel means one of the following:

(1) For in-use fuels, ultra low-sulfur diesel fuel means a diesel fuel marketed as ultra low-sulfur diesel fuel having a
maximum sulfur concentration of 15 parts per million.

(2) For testing, ultra low-sulfur diesel fuel has the meaning given in 40 CFR part 1065.

United States has the meaning given

in 40 CFR 1068.30.

Upcoming model year means for an engine family the model year after the one currently in production.

U.S.-directed production volume means the number of engine units, subject to the requirements of this part, produced by a manufacturer for which
the manufacturer has a reasonable
assurance that sale was or will be made to ultimate purchasers in the United

States.

Useful life means the period during which the engine is designed to properly function in terms of reliability and fuel consumption, without being remanufactured, specified as a number of hours of operation or calendar years, whichever comes first. It is the period during which a new engine is required to comply with all applicable emission
standards. See § 1042.101(e).

Variable-speed engine means an engine that is not a constant-speed engine.

Vessel means a marine vessel. Vessel operator means any individual that physically operates or maintains a vessel or exercises managerial control over the operation of the vessel.

Vessel owner means the individual or company that holds legal title to a
vessel.

Void has the meaning given in 40 CFR 1068.30. In general this means to invalidate a certificate or an exemption both retroactively and prospectively. Volatile liquid fuel means any fuel
other than diesel fuel or biodiesel that is a liquid at atmospheric pressure and has a Reid Vapor Pressure higher than

2.0pounds per square inch.

We (us, our) means the Administrator of the Environmental Protection Agency and any authorized representatives.

**§ 1042.905 Symbols, acronyms, and** 

**abbreviations.**

The following symbols, acronyms, and abbreviations apply to this part:

ABT Averaging, banking, and trading. AECD auxiliary-emission control device. CFR Code of Federal Regulations.
CO carbon monoxide.

CO 2 carbon dioxide. cyl cylinder. disp. displacement. EPA Environmental Protection Agency. FEL Family Emission Limit.

g grams. HC hydrocarbon.
hr hours. kPa kilopascals.
kW kilowatts.
L liters. LTR Limited Testing Region.
NARA National Archives and Records
Administration. NMHC nonmethane hydrocarbons.

NO X oxides of nitrogen (NO and NO 2 ).
NTE not-to-exceed. PM particulate matter. RPM revolutions per minute. SAE Society of Automotive Engineers. SCR selective catalytic reduction. THC total hydrocarbon. THCE total hydrocarbon equivalent.
ULSD ultra low-sulfur diesel fuel.

U.S.C. United States Code.

**§ 1042.910 Reference materials.** 

Documents listed in this section have been incorporated by reference into this part. The Director of the Federal Register approved the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460 or at the
National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202

– 741

–6030, or go to: http://www.archives.gov/ federal

_register/
code

_ of

_ federal

_regulations/
ibr

_locations.html

.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00188 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37282 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(a) SAE material. Table 1 to this section lists material from the Society of Automotive Engineers that we have incorporated by reference. The first
column lists the number and name of
the material. The second column lists the sections of this part where we reference it. Anyone may purchase copies of these materials from the Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA

15096 or www.sae.org. Table 1 follows:



### TABLE 

### 1 TO 

### § 1042.910.

—SAE

M ATERIALS

Document No. and name Part 1042 reference

SAE J1930, Electrical/Electronic Systems DiagnosticTerms, Definitions, Abbreviations, and Acronyms, revised May 1998 ............. 1042.135

(b) IMO material. Table 2 to this
section lists material from the International Maritime Organization that we have incorporated by reference.
The first column lists the number and
name of the material. The second column lists the section of this part where we reference it. Anyone may purchase copies of these materials from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom or www.imo.org. Table
2 follows:



### TABLE 

### 2 TO 

### § 1042.910.

— IMO

M ATERIALS

Document No. and name Part 1042 reference

Resolutions of the 1997

MARPOL Conference:

Resolution 2

—Technical
Code on Control of Emission of Nitrogen Oxides

from Marine Diesel Engines, 1997 ....................... 1042.901

**§ 1042.915 Confidential information.** 

(a) Clearly show what you consider confidential by marking, circling, bracketing, stamping, or some other
method.

(b) We will store your confidential information as described in 40 CFR part

2. Also, we will disclose it only as specified in 40 CFR part 2. This applies both to any information you send us and to any information we collect from inspections, audits, or other site visits.

(c) If you send us a second copy without the confidential information, we will assume it contains nothing confidential whenever we need to
release information from it.

(d) If you send us information without claiming it is confidential, we may make it available to the public without further notice to you, as described in 40 CFR

2.204.

**§ 1042.920 Hearings.** 

(a) You may request a hearing under certain circumstances, as described elsewhere in this part. To do this, you must file a written request, including a description of your objection and any supporting data, within 30 days after we
make a decision.

(b) For a hearing you request under the provisions of this part, we will approve your request if we find that your request raises a substantial factual

issue.

(c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G.

**§ 1042.925 Reporting and recordkeeping**  **requirements.**

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget approves the reporting and recordkeeping specified in the applicable regulations. The following items illustrate the kind of reporting and recordkeeping we require for engines regulated under this part:

(a) We specify the following requirements related to engine certification in this part 1042:

(1) In § 1042.135 we require engine manufacturers to keep certain records related to duplicate labels sent to vessel
manufacturers.

(2) In § 1042.145 we state the requirements for interim provisions.

(3) In subpart C of this part we identify a wide range of information required to certify engines.

(4) In §§ 1042.345 and 1042.350 we specify certain records related to production-line testing.

(5) In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions.

(6) In §§ 1042.725, 1042.730, and 1042.735 we specify certain records related to averaging, banking, and trading.

(7) In subpart I of this part we specify certain records related to meeting requirements for remanufactured engines.

(b) We specify the following requirements related to testing in 40 CFR part 1065: (1) In 40 CFR 1065.2 we give an overview of principles for reporting
information.

(2) In 40 CFR 1065.10 and 1065.12 we specify information needs for establishing various changes to published test procedures.

(3) In 40 CFR 1065.25 we establish basic guidelines for storing test
information.

(4) In 40 CFR 1065.695 we identify data that may be appropriate for collecting during testing of in-use engines using portable analyzers.

(c) We specify the following requirements related to the general compliance provisions in 40 CFR part

1068:

(1) In 40 CFR 1068.5 we establish a process for evaluating good engineering judgment related to testing and
certification.

(2) In 40 CFR 1068.25 we describe general provisions related to sending and keeping information.

(3) In 40 CFR 1068.27 we require manufacturers to make engines available for our testing or inspection if we make such a request.

(4) In 40 CFR 1068.105 we require vessel manufacturers to keep certain records related to duplicate labels from engine manufacturers.

(5) In 40 CFR 1068.120 we specify recordkeeping related to rebuilding engines.

(6) In 40 CFR part 1068, subpart C, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various exemptions.

(7) In 40 CFR part 1068, subpart D, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to importing engines.

(8) In 40 CFR 1068.450 and 1068.455 we specify certain records related to testing production-line engines in a
selective enforcement audit.

(9) In 40 CFR 1068.501 we specify certain records related to investigating and reporting emission-related defects.

(10) In 40 CFR 1068.525 and 1068.530 we specify certain records related to recalling nonconforming engines.

Appendix I to Part 1042.

—Summary of
Previous Emission Standards

The following standards apply to compression-ignition marine engines produced before the model years specified in § 1042.1:

(a) Engines below 37 kW. Tier 1 and Tier 2 standards for engines below 37 kW apply as specified in 40 CFR part 89 and summarized in the following table:VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00189 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37283

TABLE 

### 1 TO 

### A PPENDIX 

### I.

— E MISSION 

### S TANDARDS FOR 

### E NGINES 

### B ELOW 

### 37 K

### W ( G

### /K

### W- HR 

### )

Rated power (kW) Tier Model year NMHC + NO X CO PM

kW<8 ................................................

8 ≤ kW<19 ..........................................

19 ≤ kW<37 ........................................ Tier 1 ...............................................

Tier 2 ...............................................

Tier 1 ...............................................

Tier 2 ...............................................

Tier 1 ...............................................

Tier 2 ............................................... 2000

2005

2000

2005

1999

2004 10.5

7.5

9.5

7.5

9.5

7.5 8.0

8.0

6.6

6.6

5.5

5.5 1 .0

0 .80

0 .80

0 .80

0 .8

0 .6

(b) Engines at or above 37 kW. Tier 1 and cylinder may not exceed the following calculated standard to the nearest 0.1 g/kWTier 2 standards for engines at or above 37 values: hr. kW apply as specified in 40 CFR part 94 and (i) 17.0 g/kW-hr when maximum test speed (ii) 9.8 g/kW-hr when maximum test speed is less than 130 rpm. summarized as follows: is 2000 rpm or more. (ii) 45.0 × N

¥ 0.20 when maximum test (1) Tier 1 standards. NO X emissions from (2) Tier 2 primary standards. Exhaust speed is at or above 130 but below 2000 rpm, model year 2004 and later engines with emissions may not exceed the values shown where N is the maximum test speed of the displacement of 2.5 or more liters per in the following table: engine in revolutions per minute. Round the



### TABLE 

### 2 TO 

### A PPENDIX 

### I.

— P RIMARY 

### T IER 

### 2 E MISSION 

### S TANDARDS FOR 

### C OMMERCIAL AND 

### R ECREATIONAL 

### M ARINE 

### E NGINES AT OR 

### A BOVE 

### 37 K

### W ( G

### /K

### W- HR 

### )

Engine size liters/cylinder Maximum engine

power Category Model

year NO X + THC g/kW-hr CO g/kW-hr PM g/kW-hr

disp. < 0.9 .................... power ≥ 37 kW ............ Category 1 Commercial ............... 2005 7.5 5.0 0.40 Category 1 Recreational .............. 2007 7.5 5.0 0.40

0.9 ≤ disp. < 1.2 ........... All ................................ Category 1 Commercial ............... 2004 7.2 5.0 0.30 Category 1 Recreational .............. 2006 7.2 5.0 0.30

1.2 ≤ disp. < 2.5 ........... All ................................ Category 1 Commercial ............... 2004 7.2 5.0 0.20 Category 1 Recreational .............. 2006 7.2 5.0 0.20

2.5 ≤ disp. < 5.0 ........... All ................................ Category 1 Commercial ............... 2007 7.2 5.0 0.20 Category 1 Recreational .............. 2009 7.2 5.0 0.20

5.0 ≤ disp. < 15.0 ......... All ................................ Category 2 ................................... 2007 7.8 5.0 0.27

15.0 ≤ disp. < 20.0 ....... power < 3300 kW ....... Category 2 ................................... 2007 8.7 5.0 0.50

power ≥ 3300 kW ........ Category 2 ................................... 2007 9.8 5.0 0.50

20.0 ≤ disp. < 25.0 ....... All ................................ Category 2 ................................... 2007 9.8 5.0 0.50

25.0 ≤ disp. < 30.0 ....... All ................................ Category 2 ................................... 2007 11 5.0 0.5

(3) Tier 2 supplemental standards. Not-to- Appendix II to Part 1042

—Steady-State (1) The following duty cycle applies for exceed emission standards apply for Tier 2 Duty Cycles discrete-mode testing: engines as specified in 40 CFR 94.8(e). (a) The following duty cycles apply as specified in § 1042.505(b)(1):

E3 mode

No. Engine speed 1 Percent of
maximum test

power Weighting factors

1 ...............

2 ...............

3 ...............

4 ............... Maximum test speed .............................................................................................

.......................... 91% ............................................................................................................

...................................... 80% ............................................................................................................

...................................... 63% ............................................................................................................

...................................... 100

75

50

25 0 .2

0 .5

0 .15

0 .15

1 Speed terms are defined in 40 CFR part 1065. Percent speed values are relative to maximum test speed.

(2) The following duty cycle applies for ramped-modal testing:

RMC mode Time in mode (seconds) Engine speed 1, 3 Power (percent) 2, 3

1a
1b

2a
2b

3a
3b

4a Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state ..................................... 229

20

166

20

570

20

175 Maximum test speed ...............................
Linear transition .......................................

63% .........................................................
Linear transition .......................................

91% .........................................................
Linear transition .......................................

80% ......................................................... 100%. Linear transition in torque.

25%. Linear transition in torque.

75%. Linear transition in torque.

50%.

1 Speed terms are defined in 40 CFR part 1065. Percent speed is relative to maximum test speed.

2 The percent power is relative to the maximum test power.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00190 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37284 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

3 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode, and simultaneously command a similar linear progression for engine speed if there is a change in speed setting.

(b) The following duty cycles apply as (1) The following duty cycle applies for specified in § 1042.505(b)(2): discrete-mode testing:

E5 mode

No. Engine speed 1 Percent of
maximum test

power Weighting factors

1 ...............

2 ...............

3 ...............

4 ...............

5 ............... Maximum test speed .............................................................................................

.......................... 91% ............................................................................................................

...................................... 80% ............................................................................................................

...................................... 63% ............................................................................................................

...................................... Warm idle ......................................................................................................

.................................. 100

75

50

25

0 0 .08

0 .13

0 .17

0 .32

0 .3

1 Speed terms are defined in 40 CFR part 1065. Percent speed values are relative to maximum test speed.

(2) The following duty cycle applies for ramped-modal testing:

RMC mode Time in mode (seconds) Engine speed 1, 3 Power (percent) 2, 3

1a

1b

2a

2b

3a

3b

4a

4b

5a
5b

6 Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state ....................................... 167

20

85

20

354

20

141

20

182

20

171 Warm idle ................................................

Linear transition ....................................... Maximum test speed ...............................

Linear transition .......................................

63% .........................................................

Linear transition .......................................

91% .........................................................

Linear transition .......................................

80% .........................................................

Linear transition .......................................

Warm idle ................................................ 0. Linear transition in torque.

100%. Linear transition in torque.

25%. Linear transition in torque.

75%. Linear transition in torque.

50%. Linear transition in torque.

0.

1 Speed terms are defined in 40 CFR part 1065. Percent speed is relative to maximum test speed.

2 The percent power is relative to the maximum test power.

3 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode, and simultaneously command a similar linear progression for engine speed if there is a change in speed setting.

(c) The following duty cycles apply as (1) The following duty cycle applies for specified in § 1042.505(b)(3): discrete-mode testing:

E2 mode

No. Engine speed 1 Torque (percent) 2 Weighting factors

1 ...............

2 ...............

3 ...............

4 ............... Engine Governed ................................................................................................

............................. Engine Governed ................................................................................................

............................. Engine Governed ................................................................................................

............................. Engine Governed ................................................................................................

............................. 100

75

50

25 0 .2

0 .5

0 .15

0 .15

1 Speed terms are defined in 40 CFR part 1065.

2 The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.

(2) The following duty cycle applies for ramped-modal testing:

RMC mode Time in mode (seconds) Engine speed Torque (percent) 1, 2

1a

1b

2a

2b

3a

3b

4a Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state .....................................

Transition ......................................... Steady-state ..................................... 234

20

571

20

165

20

170 Engine Governed .................................... Engine Governed .................................... Engine Governed .................................... Engine Governed .................................... Engine Governed .................................... Engine Governed .................................... Engine Governed .................................... 100%.

Linear transition.

25%.

Linear transition.

75%.

Linear transition.

50%.

1 The percent torque is relative to the maximum test torque as defined in 40 CFR part 1065.

2 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a linear progression from the torque setting of the current mode to the torque setting of the next mode.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00191 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3ER06MY08.013</GPH>mstockstill on PROD1PC66 with RULES3 

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### 37285

Appendix III to Part 1042

—Not-toExceed Zones

(a) The following definitions apply for this Appendix III:

(1) Percent power means the percentage of the maximum power achieved at Maximum Test Speed (or at Maximum Test Torque for constant-speed engines).

(2) Percent speed means the percentage of Maximum Test Speed. (b) Figure 1 of this Appendix illustrates the

default NTE zone for commercial marine engines certified using the duty cycle specified in § 1042.505(b)(1), except for variable-speed propulsion marine engines used with controllable-pitch propellers or with electrically coupled propellers, as

follows:

(1) Subzone 1 is defined by the following

boundaries:

(i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent power ≤ (percent speed/0.9) 3.5

. (iii) Percent power ≥ 3.0

· (100%

—percent speed).

(2) Subzone 2 is defined by the following
boundaries:

(i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent power ≤ (percent speed/0.9) 3.5

. (iii) Percent power < 3.0

· (100% ¥ percent speed).

(iv) Percent speed ≥ 70 percent.

**BILLING CODE 1505**

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**– D** 

(c) Figure 2 of this Appendix illustrates the
default NTE zone for recreational marine engines certified using the duty cycle specified in § 1042.505(b)(2), except for variable-speed marine engines used with controllable-pitch propellers or with electrically coupled propellers, as follows:

(1) Subzone 1 is defined by the following
boundaries: (i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent power ≤ (percent speed/0.9) 3.5

. (iii) Percent power ≥ 3.0

· (100%

¥ percent speed).

(iv) Percent power ≤ 95 percent. (2) Subzone 2 is defined by the following
boundaries:

(i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent power ≤ (percent speed/0.9) 3.5

. (iii) Percent power < 3.0

· (100%

¥ percent speed).

(iv) Percent speed ≥ 70 percent. (3) Subzone 3 is defined by the following

boundaries:

(i) Percent power ≤ (percent speed/0.9) 3.5

. (ii) Percent power > 95 percent.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00192 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3ER06MY08.014</GPH>mstockstill on PROD1PC66 with RULES3 

### 37286 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(d) Figure 3 of this Appendix illustrates the default NTE zone for variable-speed marine engines used with controllable-pitch propellers or with electrically coupled propellers that are certified using the duty cycle specified in § 1042.505(b)(1), (2), or (3),

as follows:

(1) Subzone 1 is defined by the following

boundaries:

(i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent power ≥ 3.0

· (100%

¥ percent speed).

(iii) Percent speed ≥ 78.9 percent. (2) Subzone 2a is defined by the following
boundaries:

(i) Percent power ≥ 0.7

· (percent speed) 2.5

. (ii) Percent speed ≥ 70 percent. (iii) Percent speed < 78.9 percent, for Percent power > 63.3 percent.

(iv) Percent power < 3.0

· (100%

¥ percent speed), for Percent speed ≥ 78.9 percent. (3) Subzone 2b is defined by the following

boundaries:

(i) The line formed by connecting the following two points on a plot of speed-vs.-

power:

(A) Percent speed = 70 percent; Percent

power = 28.7 percent.

(B) Percent speed = 40 percent at governed speed; Percent power = 40 percent.

(ii)Percent power < 0.7

· (percent speed) 2.5

.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00193 Fmt 4701 Sfmt 4725 E:\FR\FM\30JNR3.SGM 30JNR3ER06MY08.015</GPH> ER06MY08.016</GPH>mstockstill on PROD1PC66 with RULES3 

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### 37287

(e) Figure 4 of this Appendix illustrates the (1) Subzone 1 is defined by the following (2) Subzone 2 is defined by the following default NTE zone for constant-speed engines boundaries: boundaries: certified using a duty cycle specified in (i) Percent power ≥ 70 percent. (i) Percent power < 70 percent. § 1042.505(b)(3) or (b)(4), as follows: (ii) [Reserved] (ii) Percent power ≥ 40 percent.VerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00194 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3ER06MY08.017</GPH>mstockstill on PROD1PC66 with RULES3 

### 37288 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(f) Figure 5 of this Appendix illustrates the (1) The default NTE zone is defined by the default NTE zone for variable-speed auxiliary boundaries specified in 40 CFR 86.1370

– marine engines certified using the duty cycle 2007(b)(1) and (2). specified in § 1042.505(b)(5)(ii) or (iii), as (2) A special PM subzone is defined in 40
follows: CFR 1039.515(b).

**PART 1065**

**— ENGINE-TESTING** 
**PROCEDURES**

■ 45. The authority citation for part
1065 continues to read as follows:

Authority: 42 U.S.C. 7401

– 7671q.

**Subpart A**

**— [Amended]** 

■ 46. Section 1065.1 is revised to read
as follows:

**§ 1065.1 Applicability.** 

(a) This part describes the procedures that apply to testing we require for the following engines or for vehicles using the following engines:

(1) Locomotives we regulate under 40 CFR part 1033. For earlier model years, manufacturers may use the test procedures in this part or those specified in 40 CFR part 92 according to § 1065.10.

(2) Model year 2010 and later heavyduty highway engines we regulate under 40 CFR part 86. For earlier model years, manufacturers may use the test procedures in this part or those specified in 40 CFR part 86, subpart N, according to § 1065.10.

(3) Nonroad diesel engines we regulate under 40 CFR part 1039 and stationary diesel engines that are certified to the standards in 40 CFR part 1039 as specified in 40 CFR part 60, subpart IIII. For earlier model years, manufacturers may use the test procedures in this part or those specified in 40 CFR part 89 according to § 1065.10.

(4) Marine diesel engines we regulate under 40 CFR part 1042. For earlier model years, manufacturers may use the test procedures in this part or those specified in 40 CFR part 94 according to § 1065.10.

(5) [Reserved] (6) Large nonroad spark-ignition engines we regulate under 40 CFR part 1048, and stationary engines that are certified to the standards in 40 CFR part 1048 or as otherwise specified in 40 CFR part 60, subpart JJJJ.

(7) Vehicles we regulate under 40 CFRpart 1051 (such as snowmobiles and offhighway motorcycles) based on engine testing. See 40 CFR part 1051, subpart F, for standards and procedures that are based on vehicle testing.

(8) [Reserved] (b) The procedures of this part may apply to other types of engines, as described in this part and in the standard-setting part.

(c) The term ‘‘ you ’’ means anyone performing testing under this part other
than EPA. (1) This part is addressed primarily to manufacturers of engines, vehicles, equipment, and vessels, but it applies equally to anyone who does testing under this part for such manufacturers.

(2) This part applies to any manufacturer or supplier of test equipment, instruments, supplies, or any other goods or services related to the procedures, requirements, recommendations, or options in this part.

(d) Paragraph (a) of this section identifies the parts of the CFR that
define emission standards and other requirements for particular types of engines. In this part, we refer to each of these other parts generically as the

‘‘ standard-setting part. ’’ For example, 40CFR part 1051 is always the standardsetting part for snowmobiles and part 86is the standard-setting part for heavyduty highway engines.

(e) Unless we specify otherwise, the

terms ‘‘ procedures ’’ and ‘‘ test procedures ’’ in this part include all aspects of engine testing, including the equipment specifications, calibrations, calculations, and other protocols and procedural specifications needed to

measure emissions.

(f) For vehicles, equipment, or vessels subject to this part and regulated underVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00195 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations 

### 37289

vehicle-based, equipment-based, or vessel-based standards, use good engineering judgment to interpret the

term ‘‘ engine ’’ in this part to include vehicles, equipment, or vessels, where appropriate.

(g) For additional information regarding these test procedures, visit our
Web site at www.epa.gov, and in particular http://www.epa.gov/otaq/ testingregs.htm.

■ 47. Section 1065.2 is revised to read
as follows:

**§ 1065.2 Submitting information to EPA**  **under this part.**

(a) You are responsible for statements and information in your applications for certification, requests for approved procedures, selective enforcementaudits, laboratory audits, productionline test reports, field test reports, or any other statements you make to us related to this part 1065.

(b) In the standard-setting part and in 40 CFR 1068.101, we describe your obligation to report truthful and complete information and the consequences of failing to meet this obligation. See also 18 U.S.C. 1001 and 42 U.S.C. 7413(c)(2).

(c) We may void any certificates or approvals associated with a submission of information if we find that you intentionally submitted false, incomplete, or misleading information. For example, if we find that you intentionally submitted incomplete
information to mislead EPA when requesting approval to use alternate test procedures, we may void the certificates for all engines families certified based on emission data collected using the alternate procedures. This would also apply if you ignore data from incomplete tests or from repeat tests with higher emission results.

(d) We may require an authorized representative of your company to approve and sign the submission, and to certify that all of the information submitted is accurate and complete. This includes everyone who submits information, including manufacturers
and others.

(e) See 40 CFR 1068.10 for provisions
related to confidential information. Note however that under 40 CFR 2.301, emission data is generally not eligible
for confidential treatment.

(f) Nothing in this part should be interpreted to limit our ability under Clean Air Act section 208 (42 U.S.C. 7542) to verify that engines conform to the regulations.

■ 48. Section 1065.5 is revised to read
as follows:

**§ 1065.5 Overview of this part 1065 and its**  **relationship to the standard-setting part.**

(a) This part specifies procedures that apply generally to testing variouscategories of engines. See the standardsetting part for directions in applying specific provisions in this part for a particular type of engine. Before using this part ’ s procedures, read the standard-setting part to answer at least the following questions:

(1) What duty cycles must I use for laboratory testing? (2) Should I warm up the test engine before measuring emissions, or do I
need to measure cold-start emissions during a warm-up segment of the duty cycle?

(3) Which exhaust gases do I need to

measure?

(4) Do any unique specifications apply for test fuels?

(5) What maintenance steps may I
take before or between tests on an emission-data engine?

(6) Do any unique requirements apply to stabilizing emission levels on a new engine?

(7) Do any unique requirements apply to test limits, such as ambient temperatures or pressures?

(8) Is field testing required or allowed,
and are there different emission standards or procedures that apply to field testing?

(9) Are there any emission standards specified at particular engine-operating
conditions or ambient conditions?

(10) Do any unique requirements apply for durability testing?

(b) The testing specifications in the standard-setting part may differ from the specifications in this part. In cases where it is not possible to comply with both the standard-setting part and this part, you must comply with the specifications in the standard-setting part. The standard-setting part may also allow you to deviate from the procedures of this part for other reasons.

(c) The following table shows how this part divides testing specifications into subparts:



### TABLE 

### 1 OF 

### § 1065.5.

— D ESCRIPTION OF 

### P ART 

### 1065 S UBPARTS

This subpart Describes these specifications or procedures

Subpart A ............................. Applicability and general provisions. Subpart B ............................. Equipment for testing. Subpart C ............................. Measurement instruments for testing. Subpart D ............................. Calibration and performance verifications for measurement systems. Subpart E ............................. How to prepare engines for testing, including service accumulation. Subpart F ............................. How to run an emission test over a predetermined duty cycle. Subpart G ............................. Test procedure calculations. Subpart H ............................. Fuels, engine fluids, analytical gases, and other calibration standards. Subpart I ............................... Special procedures related to oxygenated fuels. Subpart J .............................. How to test with portable emission measurement systems (PEMS).

■ 49. Section 1065.10 is amended by revising paragraphs (c)(1), (c)(2), (c)(6), and (c)(7) introductory text to read as
follows:

**§ 1065.10 Other procedures.** 

* * * * *

(c) * * *
(1) The objective of the procedures in this part is to produce emission measurements equivalent to those that would result from measuring emissions during in-use operation using the same engine configuration as installed in a vehicle, equipment, or vessel. However,

in unusual circumstances where these procedures may result in measurements that do not represent in-use operation, you must notify us if good engineering judgment indicates that the specified procedures cause unrepresentative emission measurements for your engines. Note that you need not notify us of unrepresentative aspects of the test procedure if measured emissions are equivalent to in-use emissions. This provision does not obligate you to pursue new information regarding the different ways your engine might operate in use, nor does it obligate you to collect any other in-use information to verify whether or not these test procedures are representative of your engine ’ s in-use operation. If you notify us of unrepresentative procedures under this paragraph (c)(1), we will cooperateVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00196 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37290 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

with you to establish whether and how the procedures should be appropriately changed to result in more representative measurements. While the provisions of this paragraph (c)(1) allow us to be responsive to issues as they arise, we would generally work toward making these testing changes generally applicable through rulemaking. We will
allow reasonable lead time for compliance with any resulting change in procedures. We will consider the following factors in determining the importance of pursuing changes to the procedures:

(i) Whether supplemental emission standards or other requirements in the standard-setting part address the type of operation of concern or otherwise prevent inappropriate design strategies.

(ii) Whether the unrepresentative aspect of the procedures affect your ability to show compliance with the applicable emission standards.

(iii) The extent to which the established procedures require the use of emission-control technologies or strategies that are expected to ensure a comparable degree of emission control under the in-use operation that differs from the specified procedures.

(2) You may request to use special procedures if your engine cannot be tested using the specified procedures. For example, this may apply if your engine cannot operate on the specified duty cycle. In this case, tell us in writing why you cannot satisfactorily test your engine using this part ’ s procedures and ask to use a different approach. We will approve your request if we determine that it would produce emission measurements that represent in-use operation and we determine that it can be used to show compliance with the requirements of the standard-setting part.

* * * * * (6) During the 12 months following the effective date of any change in the provisions of this part 1065, you may use data collected using procedures specified in the previously applicable version of this part 1065. This paragraph (c)(6) does not restrict the use of carryover certification data otherwise allowed by the standard-setting part.

(7) You may request to use alternate procedures, or procedures that are more accurate or more precise than the allowed procedures. The following provisions apply to requests for alternate procedures:

* * * * *

■ 50. Section 1065.12 is amended by revising paragraphs (a) and (d)(1) to read
as follows:

**§ 1065.12 Approval of alternate**  **procedures.**

(a) To get approval for an alternate procedure under § 1065.10(c), send the Designated Compliance Officer an initial written request describing the alternate procedure and why you believe it is equivalent to the specified procedure. Anyone may request alternate procedure approval. This means that an individual engine manufacturer may request to use an alternate procedure. This also means that an instrument manufacturer may request to have an instrument, equipment, or procedure approved as an alternate procedure to those specified in this part. We may approve your request based on this information alone, or, as described in this section, we may ask you to submit to us in writing supplemental information showing that your alternate procedure is consistently and reliably at least as accurate and repeatable as the specified procedure.

* * * * *

(d) * * * (1) Theoretical basis . Give a brief technical description explaining why you believe the proposed alternate procedure should result in emission measurements equivalent to those using the specified procedure. You may include equations, figures, and
references. You should consider the full range of parameters that may affect equivalence. For example, for a request
to use a different NO X measurement procedure, you should theoretically relate the alternate detection principle to the specified detection principle over the expected concentration ranges for NO, NO 2 , and interference gases. For a request to use a different PM measurement procedure, you should explain the principles by which the alternate procedure quantifies particulate mass similarly to the specified procedures.

* * * * *

■ 51. Section 1065.15 is amended by revising paragraphs (c)(1) and (e) and adding paragraph (f) to read as follows:

**§ 1065.15 Overview of procedures for**  **laboratory and field testing.**

* * * * *

(c)* * * (1)Engine operation. Engine operation is specified over a test
interval. A test interval is the time over which an engine ’ s total mass of
emissions and its total work are
determined. Refer to the standardsetting part for the specific test intervals that apply to each engine. Testing may involve measuring emissions and work in a laboratory-type environment or in the field, as described in paragraph (f)
of this section.

* * * * *

(e) The following figure illustrates the allowed measurement configurations described in this part 1065:

**BILLING CODE 1505**

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**BILLING CODE 1505**

**– 01** 

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### 37292 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

(f) This part 1065 describes how to test engines in a laboratory-type
environment or in the field.

(1) This affects test intervals and duty cycles as follows:

(i) For laboratory testing, you generally determine brake-specific emissions for duty-cycle testing by using an engine dynamometer in a laboratory or other environment. This typically consists of one or more test intervals, each defined by a duty cycle, which is a sequence of modes, speeds, and/or torques (or powers) that anengine must follow. If the standardsetting part allows it, you may also simulate field testing with an engine dynamometer in a laboratory or other

environment.

(ii) Field testing consists of normal inuse engine operation while an engine is installed in a vehicle, equipment, or vessel rather than following a specific engine duty cycle. The standard-setting part specifies how test intervals are defined for field testing.

(2) The type of testing may also affect what test equipment may be used. You

may use ‘‘ lab-grade ’’ test equipment for any testing. The term ‘‘ lab-grade ’’ refers to equipment that fully conforms to the applicable specifications of this part. For some testing you may alternatively

use ‘‘ field-grade ’’ equipment. The term

‘‘ field-grade ’’ refers to equipment that fully conforms to the applicable specifications of subpart J of this part, but does not fully conform to other specifications of this part. You may use

‘‘ field-grade ’’ equipment for field testing. We also specify in this part and in the standard-setting parts certain cases in which you may use ‘‘ fieldgrade ’’ equipment for testing in a laboratory-type environment. ( Note: Although ‘‘ field-grade ’’ equipment is generally more portable than ‘‘ labgrade ’’ test equipment, portability is not relevant to whether equipment is
considered to be ‘‘ field-grade ’’ or ‘‘ labgrade ’’ .)

■ 52. Section 1065.20 is amended by revising paragraphs (a)(2), (b)(2), (f), and (g) to read as follows:

**§ 1065.20 Units of measure and overview** 

**of calculations.**

(a) * * * (2) We designate brake-specific emissions in grams per kilowatt-hour (g/ (kW

· hr)), rather than the SI unit of grams per megajoule (g/MJ). In addition, we use the symbol hr to identify hour, rather than the SI convention of using
h. This is based on the fact that engines are generally subject to emission standards expressed in g/kW

· hr. If we specify engine standards in grams per horsepower

· hour (g/(hp

· hr)) in the standard-setting part, convert units as specified in paragraph (d) of this

section.

* * * * *

(b) * * * (2) For all substances, cm 3 /m 3

, formerly ppm (volume).

* * * * *

(f) Interpretation of ranges. Interpret a range as a tolerance unless we explicitly identify it as an accuracy, repeatability, linearity, or noise specification. See § 1065.1001 for the definition of tolerance. In this part, we specify two types of ranges:

(1) Whenever we specify a range by a single value and corresponding limit values above and below that value, target any associated control point to that single value. Examples of this type of range include ‘‘ ± 10% of maximum

pressure ’’ , or ‘‘ (30 ± 10) kPa ’’

.

(2)Whenever we specify a range by the interval between two values, you may target any associated control point to any value within that range. An example of this type of range is ‘‘ (40 to 50) kPa ’’

.

(g)Scaling of specifications with respect to an applicable standard. Because this part 1065 is applicable to a wide range of engines and emission standards, some of the specifications in this part are scaled with respect to an engine ’ s applicable standard or maximum power. This ensures that the specification will be adequate to determine compliance, but not overly burdensome by requiring unnecessarily high-precision equipment. Many of these specifications are given with respect to a ‘‘ flow-weighted mean ’’ that is expected at the standard or during testing. Flow-weighted mean is the mean of a quantity after it is weighted proportional to a corresponding flow rate. For example, if a gas concentration is measured continuously from the raw exhaust of an engine, its flow-weighted
mean concentration is the sum of the products of each recorded concentration times its respective exhaust flow rate, divided by the sum of the recorded flow rates. As another example, the bag concentration from a CVS system is the same as the flow-weighted mean concentration, because the CVS system itself flow-weights the bag
concentration. Refer to § 1065.602 for
information needed to estimate and calculate flow-weighted means. Wherever a specification is scaled to a value based upon an applicable standard, interpret the standard to be the family emission limit if the engine
is certified under an emission credit program in the standard-setting part. **Subpart B**

**— [Amended]** 

■ 53. Section 1065.101 is amended by revising paragraph (a) and adding paragraph (e) before the figures to read
as follows:

**§ 1065.101 Overview.** 

(a)This subpart specifies equipment, other than measurement instruments, related to emission testing. The provisions of this subpart apply for all engine dynamometer testing where engine speeds and loads are controlled to follow a prescribed duty cycle. See subpart J of this part to determine which of the provisions of this subpart apply for field testing. This equipmentincludes three broad categoriesdynamometers, engine fluid systems (such as fuel and intake-air systems), and emission-sampling hardware.

* * * * *

(e)Dynamometer testing involves engine operation over speeds and loads that are controlled to a prescribed duty cycle. Field testing involves measuring emissions over normal in-use operation of a vehicle or piece of equipment. Field testing does not involve operating an engine over a prescribed duty cycle.

* * * * *

■ 54. Section 1065.110 is amended by revising paragraphs (a) introductory text and (e) and adding paragraphs (a)(1)(iv) and (f) to read as follows:

**§ 1065.110 Work inputs and outputs,**  **accessory work, and operator demand.**

(a) Work. Use good engineering judgment to simulate all engine work inputs and outputs as they typically would operate in use. Account for work inputs and outputs during an emission test by measuring them; or, if they are small, you may show by engineering analysis that disregarding them does not affect your ability to determine the net work output by more than ± 0.5% of the net expected work output over the test interval. Use equipment to simulate the specific types of work, as follows:

(1)* * * (iv)You may use any device that is already installed on a vehicle, equipment, or vessel to absorb work from the engine ’ s output shaft(s). Examples of these types of devices
include a vessel ’ s propeller and a
locomotive ’ s generator.

* * * * *

(e) Operator demand for shaft work. Operator demand is defined in § 1065.1001. Command the operator demand and the dynamometer(s) to follow a prescribed duty cycle with set points for engine speed and torque as specified in § 1065.512. Refer to theVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00199 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

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### 37293

standard-setting part to determine the specifications for your duty cycle(s). Use a mechanical or electronic input to control operator demand such that the engine is able to meet the validation

criteria in § 1065.514 over each applicable duty cycle. Record feedback values for engine speed and torque as specified in § 1065.512. Using good engineering judgment, you may improve control of operator demand by altering on-engine speed and torque controls. However, if these changes result in unrepresentative testing, you must notify us and recommend other test procedures under § 1065.10(c)(1).

(f) Other engine inputs. If your electronic control module requires specific input signals that are not available during dynamometer testing, such as vehicle speed or transmission signals, you may simulate the signals using good engineering judgment. Keep records that describe what signals you simulate and explain why these signals are necessary for representative testing.

■ 55. Section 1065.120 is amended by revising paragraph (a) to read as follows:

**§ 1065.120 Fuel properties and fuel**  **temperature and pressure.**

(a) Use fuels as specified in the standard-setting part, or as specified in subpart H of this part if fuels are not specified in the standard-setting part.

* * * * *

■ 56. Section 1065.122 is amended by revising paragraphs (a) introductory text, (a)(1), and (c) to read as follows:

**§ 1065.122 Engine cooling and lubrication.** 

(a) Engine cooling. Cool the engine during testing so its intake-air, oil, coolant, block, and head temperatures are within their expected ranges for normal operation. You may use auxiliary coolers and fans.

(1) For air-cooled engines only, if you use auxiliary fans you must account for work input to the fan(s) according to § 1065.110.

* * * * *

(c) Lubricating oil. Use lubricating oils specified in § 1065.740. For two-stroke engines that involve a specified mixture of fuel and lubricating oil, mix the lubricating oil with the fuel according to
the manufacturer ’ s specifications.

* * * * *

■ 57. Section 1065.125 is amended by revising paragraphs (c) and (d) and adding paragraph (e) to read as follows:

**§ 1065.125 Engine intake air.** 

* * * * *

(c) Unless stated otherwise in the standard-setting part, maintain the temperature of intake air to (25 ± 5) ° C, as measured upstream of any engine component.

(d) Use an intake-air restriction that represents production engines. Make
sure the intake-air restriction is between
the manufacturer ’ s specified maximum
for a clean filter and the manufacturer ’ s specified maximum allowed. Measure the static differential pressure of the
restriction at the location and at the speed and torque set points specified by
the manufacturer. If the manufacturer does not specify a location, measure this pressure upstream of any turbocharger or exhaust gas recirculation system connection to the intake air system. If the manufacturer does not specify speed and torque points, measure this pressure while the engine outputs maximum power. As the manufacturer, you are liable for emission compliance for all values up to the maximum restriction you specify for a particular engine.

(e) This paragraph (e) includes provisions for simulating charge-air cooling in the laboratory. This approach is described in paragraph (e)(1) of this section. Limits on using this approach are described in paragraphs (e)(2) and (3) of this section.

(1) Use a charge-air cooling system with a total intake-air capacity that represents production engines ’ in-use installation. Design any laboratory charge-air cooling system to minimize accumulation of condensate. Drain any
accumulated condensate and completely close all drains before emission testing. Keep the drains closed during the emission test. Maintain
coolant conditions as follows:

(i) Maintain a coolant temperature of
at least 20 ° C at the inlet to the chargeair cooler throughout testing.

(ii) At the engine conditions specified by the manufacturer, set the coolant flow rate to achieve an air temperature
within ± 5 ° C of the value specified by the manufacturer after the charge-air
cooler ’ s outlet. Measure the air-outlet temperature at the location specified by
the manufacturer. Use this coolant flow rate set point throughout testing. If the engine manufacturer does not specify engine conditions or the corresponding charge-air cooler air outlet temperature,
set the coolant flow rate at maximum engine power to achieve a charge-air cooler air outlet temperature that represents in-use operation.

(iii) If the engine manufacturer specifies pressure-drop limits across the charge-air cooling system, ensure that the pressure drop across the charge-air cooling system at engine conditions specified by the manufacturer is within
the manufacturer ’ s specified limit(s). Measure the pressure drop at the
manufacturer ’ s specified locations. (2) The objective of this section is to produce emission results that are representative of in-use operation. If good engineering judgment indicates that the specifications in this section would result in unrepresentative testing (such as overcooling of the intake air), you may use more sophisticated setpoints and controls of charge-air pressure drop, coolant temperature, and flowrate to achieve more representative
results.

(3) This approach does not apply for field testing. You may not correct
measured emission levels from field testing to account for any differences caused by the simulated cooling in the laboratory.

■ 58. Section 1065.130 is revised to read
as follows:

**§ 1065.130 Engine exhaust.** 

(a) General. Use the exhaust system installed with the engine or one that represents a typical in-use configuration. This includes any applicable aftertreatment devices.

(b) Aftertreatment configuration. If you do not use the exhaust system installed with the engine, configure any
aftertreatment devices as follows:

(1)Position any aftertreatment device
so its distance from the nearest exhaust manifold flange or turbocharger outlet is within the range specified by the engine manufacturer in the application for
certification. If this distance is not specified, position aftertreatment devices to represent typical in-use vehicle configurations.

(2)You may use exhaust tubing that is not from the in-use exhaust system upstream of any aftertreatment device that is of diameter(s) typical of in-use configurations. If you use exhaust tubing that is not from the in-use exhaust system upstream of any aftertreatment device, position each aftertreatment device according to paragraph (b)(1) of this section.

(c) Sampling system connections. Connect an engine ’ s exhaust system to any raw sampling location or dilution stage, as follows:

(1)Minimize laboratory exhaust tubing lengths and use a total length of laboratory tubing of no more than 10 m or 50 outside diameters, whichever is greater. The start of laboratory exhaust tubing should be specified as the exit of the exhaust manifold, turbocharger outlet, last aftertreatment device, or the in-use exhaust system, whichever is
furthest downstream. The end of laboratory exhaust tubing should be specified as the sample point, or first point of dilution. If laboratory exhaust tubing consists of several different outside tubing diameters, count theVerDate Aug<31>2005 18:15 Jun 27, 2008 Jkt 214001 PO 00000 Frm 00200 Fmt 4701 Sfmt 4700 E:\FR\FM\30JNR3.SGM 30JNR3mstockstill on PROD1PC66 with RULES3 

### 37294 Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations

number of diameters of length of each individual diameter, then sum all the diameters to determine the total length of exhaust tubing in diameters. Use the mean outside diameter of any converging or diverging sections of tubing. Use outside hydraulic diameters of any noncircular sections. For multiple stack configurations where all the exhaust stacks are combined, the start of the laboratory exhaust tubing may be taken at the last joint of where
all the stacks are combined.

(2) You may install short sections of flexible laboratory exhaust tubing at any location in the engine or laboratory exhaust systems. You may use up to a
combined total of 2 m or 10 outside diameters of flexible exhaust tubing.

(3) Insulate any laboratory exhaust tubing downstream of the first 25 outside diameters of length.

(4) Use laboratory exhaust tubing materials that are smooth-walled, electrically conductive, and not reactive
with exhaust constituents. Stainless steel is an acceptable material.

(5) We recommend that you use laboratory exhaust tubing that has either
a wall thickness of less than 2 mm or is air gap-insulated to minimize temperature differences between the
wall and the exhaust.

(6) We recommend that you connect multiple exhaust stacks from a single engine into one stack upstream of any emission sampling. To ensure mixing of the multiple exhaust streams before emission sampling, you may configure the exhaust system with turbulence generators, such as orifice plates or fins, to achieve good mixing. We recommend a minimum Reynolds number, Re# , of 4000 for the combined exhaust stream,
where Re# is based on the inside diameter of the single stack. Re# is
defined in § 1065.640.

(d) In-line instruments. You may insert instruments into the laboratory exhaust tubing, such as an in-line smoke meter. If you do this, you may leave a length of up to 5 outside diameters of laboratory exhaust tubing uninsulated on each side of each instrument, but you must leave a length of no more than 25 outside diameters of laboratory exhaust tubing uninsulated in total, including any lengths adjacent to in-line

instruments.

(e) Leaks. Minimize leaks sufficiently to ensure your ability to demonstrate compliance with the applicable standards. We recommend performing a chemical balance of fuel, intake air, and exhaust according to § 1065.655 to verify exhaust system integrity.

(f) Grounding. Electrically ground the entire exhaust system. (g) Forced cooldown. You may install a forced cooldown system for an exhaust aftertreatment device according

to § 1065.530(a)(1)(i).

(h) Exhaust restriction. As the manufacturer, you are liable for emission compliance for all values up to the maximum restriction(s) you specify for a particular engine. Measure and set exhaust restriction(s) at the location(s) and at the engine speed and torque values specified by the manufacturer. Also, for variable-restriction aftertreatment devices, measure and set exhaust restriction(s) at the aftertreatment condition (degreening/ aging and regeneration/loading level) specified by the manufacturer. If the manufacturer does not specify a location, measure this pressure downstream of any turbocharger. If the manufacturer does not specify speed and torque points, measure pressure while the engine produces maximum power. Use an exhaust-restriction setpoint that represents a typical in-use value, if available. If a typical in-use
value for exhaust restriction is not available, set the exhaust restriction at (80 to 100)% of the maximum exhaust restriction specified by the manufacturer, or if the maximum is 5 kPa or less, the set point must be no less
than 1.0 kPa from the maximum. For example, if the maximum back pressure is 4.5 kPa, do not use an exhaust restriction set point that is less than 3.5
kPa.

(i) Open crankcase emissions. If the standard-setting part requires measuring open crankcase emissions, you may either measure open crankcase emissions separately using a method that we approve in advance, or route open crankcase emissions directly into the exhaust system for emission measurement. If the engine is not already configured to route open
crankcase emissions for emission measurement, route open crankcase
emissions as follows:

(1) Use laboratory tubing materials that are smooth-walled, electrically conductive, and not reactive with
crankcase emissions. Stainless steel is an acceptable material. Minimize tube lengths. We also recommend usingheated or thin-walled or air gapinsulated tubing to minimize temperature differences between the
wall and the crankcase emission

constituents.

(2) Minimize the number of bends in the laboratory crankcase tubing and maximize the radius of any unavoidable
bend.

(3) Use laboratory crankcase exhaust tubing that meets the engine manufacturer ’ s specifications for crankcase back pressure.

(4) Connect the crankcase exhaust tubing into the raw exhaust downstream of any aftertreatment system, downstream of any installed exhaust restriction, and sufficiently upstream of any sample probes to ensure complete mixing with the engine ’ s exhaust before sampling. Extend the crankcase exhaust
tube into the free stream of exhaust to avoid boundary-layer effects and to promote mixing. You may orient the
crankcase exhaust tube ’ s outlet in any
direction relative to the raw exhaust
flow.

■ 59. Section 1065.140 is revised to read
as follows:

**§ 1065.140 Dilution for gaseous and PM** 

**constituents.**

(a) General. You may dilute exhaust with ambient air, synthetic air, or nitrogen. For gaseous emission
measurement the diluent must be at
least 15 ° C. Note that the composition of the diluent affects some gaseous

emission measurement instruments ’ response to emissions. We recommend diluting exhaust at a location as close as possible to the location where ambient
air dilution would occur in use.

(b) Dilution-air conditions and background concentrations. Before a diluent is mixed with exhaust, you may precondition it by increasing or decreasing its temperature or humidity. You may also remove constituents to reduce their background concentrations. The following provisions apply to removing constituents or accounting for background concentrations:

(1)You may measure constituent
concentrations in the diluent and compensate for background effects on
test results. See § 1065.650 for calculations that compensate for background concentrations.

(2)Either measure these background concentrations the same way you measure diluted exhaust constituents, or measure them in a way that does not affect your ability to demonstrate compliance with the applicable standards. For example, you may use the following simplifications for background sampling:

(i) You may disregard any proportional sampling requirements.

(ii) You may use unheated gaseous sampling systems.

(iii)You may use unheated PM sampling systems.

(iv)You may use continuous sampling if you use batch sampling for
diluted emissions.

(v)You may use batch sampling if you use continuous sampling for diluted

emissions.