```

[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68448-68467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27892]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 86, 1033, 1039, 1042, 1045, 1054, and 1065

[EPA-HQ-OAR-2010-0142; FRL-9220-6]
RIN 2060-AO69

Revisions to In-Use Testing for Heavy-Duty Diesel Engines and 
Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed 
Emission Standards; and Technical Amendments for Off-Highway Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on several revisions to 
EPA's mobile source emission programs standards and test procedures. 
EPA believes that each of these is minor and non-controversial in 
nature. Most of the changes arise from the results of the collaborative 
test program and related technical work we conducted for the highway 
heavy-duty diesel in-use testing program. Most noteworthy here is the 
adoption of a particulate matter measurement allowance for use with 
portable emission measurement systems. Related to this are two 
provisions to align the in-use program timing requirements with 
completion of the program as required in current regulations and the 
incorporation of revisions to a few technical requirements in the 
testing regulations based on information learned in this and one other 
test program. Finally, the DFR modifies a few transitional 
flexibilities for locomotive, recreational marine, and Tier 4 nonroad 
engines and incorporates a handful of minor corrections.

DATES: This is effective on January 7, 2011 without further notice, 
unless EPA receives adverse comment by December 8, 2010 on any 
amendment, paragraph, or section of this rule. If EPA receives adverse 
comment on this rule or any discrete amendment, paragraph, or section 
of this rule, we will publish a timely withdrawal of the Direct Final 
Rule, or the amendment, paragraph, or section of the direct final rule 
that received adverse comment, in the Federal Register informing the 
public that the rule, or that amendment, paragraph, or section of the 
rule, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

[[Page 68449]]

OA-2010-0142, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: Environmental Protection Agency, Mail Code: 2822T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include two 
copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA 
Headquarters Library, EPA West Building, Room: 3334, 1301 Constitution 
Avenue, NW., Washington, DC. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OA-2010-
0142. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/oar/dockets.html.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA Docket Center, 
EPA West Building, EPA Headquarters Library, Room 3334, 1301 
Constitution Avenue, NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Rich Wilcox, Assessment and Standards 
Division, Office of Transportation and Air Quality, 2000 Traverwood 
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4390; fax 
number: (734) 214-4050; e-mail address: wilcox.rich@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why is EPA using a Direct Final Rule?

    EPA is publishing this rule without a prior proposal because we 
view this action as noncontroversial and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to adopt the provisions in this Direct Final Rule if 
adverse comments are received on this rule. We will not institute a 
second comment period on this action, however. Any parties interested 
in commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment or a request for public hearing 
regarding this rule or any discrete portion of this rule, we will 
publish a timely withdrawal of the rule, or that portion of the rule 
that has received adverse comment, in the Federal Register informing 
the public that this direct final rule, or the portion of the rule that 
has received adverse comment, will not take effect. We would address 
all public comments in any subsequent final rule based on the proposed 
rule.

II. Does this action apply to me?

    This action will affect companies that manufacture and certify all-
terrain vehicles for sale in the United States.

----------------------------------------------------------------------------------------------------------------
                                                                                       Examples of potentially
                        Category                               NAICS code \a\             affected entities
----------------------------------------------------------------------------------------------------------------
Industry...............................................             336112, 336120  Engine and Truck
                                                                                     Manufacturers.
Industry...............................................                     333112  Manufacturers of lawn and
                                                                                     garden tractors.
Industry...............................................                     333618  Manufacturers of new
                                                                                     engines.
Industry...............................................     482110, 482111, 482112  Railroad owners and
                                                                                     operators.
Industry...............................................             811112, 811198  Independent commercial
                                                                                     importers of vehicles and
                                                                                     parts.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

    To determine whether particular activities may be affected by this 
action, you should carefully examine the regulations. You may direct 
questions regarding the applicability of this action as noted in FOR 
FURTHER INFORMATION CONTACT.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying

[[Page 68450]]

information (subject heading, Federal Register date and page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

IV. Details of the Rule

A. Revision of 40 CFR Part 86 Subpart T To Revise the In-Use Testing 
Program for Heavy-Duty Diesel Engines

1. Background
    The manufacturer-run, in-use testing program for heavy-duty diesel 
vehicles that are used on the highway was promulgated in June 2005 to 
monitor the emissions performance of the engines used in 2007 and later 
model year vehicles when operated under a wide range of real world 
driving conditions.\1\ The program is specifically intended to monitor 
compliance with the applicable Not-to-Exceed (NTE) exhaust emission 
standards for non-methane hydrocarbons (NMHC), carbon monoxide (CO), 
oxides of nitrogen (NOX), and particulate matter (PM). It 
requires each manufacturer of heavy-duty highway diesel engines to 
assess the in-use exhaust emissions from their engines using onboard, 
portable emission measurement systems (PEMS) during typical operation 
while on the road. The PEMS unit must meet the requirements of 40 CFR 
part 1065 subpart J.
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    \1\ See ``Control of Emissions of Air Pollution From New Motor 
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles, 
70 FR 34594 (June 14, 2005).
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    The program was amended in March 2008 to delay some of the 
implementation dates and reporting deadlines and to adopt final PEMS 
measurement ``accuracy'' margins for gaseous emissions (i.e., NMHC, CO, 
and NOX).\2\ The development of PEMS accuracy margins are 
further described below.
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    \2\ See ``Control of Emissions of Air Pollution From New Motor 
Vehicles; Emission Measurement Accuracy Margins for Portable 
Emission Measurement Systems and Program Revisions, 73 FR 13441 
(March 13, 2008).
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    The in-use testing program began with a mandatory two-year pilot 
program for gaseous emissions in calendar years 2005 and 2006. The 
program also included a pilot program for PM emissions in calendar 
years 2007 and 2008. The programs are fully enforceable after their 
respective pilot program ends, i.e., the 2007 calendar year for gaseous 
emissions and the 2009 calendar year for PM emissions. Fully 
enforceable means that engines found not compliant after this time 
frame could be subject to a compliance action.
    The in-use testing program is based on the NTE emission standards. 
For the purposes of the in-use testing program, EPA established a 
vehicle pass/fail criterion for each pollutant that compares a 
vehicle's measured in-use emissions to a corresponding numerical 
compliance limit, i.e., NTE threshold. The NTE threshold for each 
pollutant is the sum of the NTE standard, any in-use compliance testing 
margin that is already allowed by the regulations, and a new emission 
measurement accuracy margin associated with the use of PEMS. The PEMS 
accuracy margin is the difference between the emission measurement 
``error'' for the portable instrument and the measurement ``error'' for 
``laboratory grade'' instruments that are used to test vehicles or 
engines on a dynamometer in a laboratory setting. This accuracy margin 
is expressed in the same numerical terms as the applicable NTE emission 
standards, i.e., grams of pollutant per brake horsepower-hour (g/bhp-
hr).
    When the in-use testing program was first established in June of 
2005, there was uncertainty regarding what specific accuracy margins 
should be used in the in-use testing program, since the portable 
measurement devices that were expected to be used in the program had 
not been rigorously tested at that time. As a result, we originally 
promulgated interim accuracy margins for use in the pilot programs.\3\ 
These interim values were believed to represent an upper bound of the 
possible instrumentation variability based on our experience with 
portable and laboratory instruments and test methods. Subsequently, we 
adopted final values for gaseous pollutants based on the cooperative 
research program described below.\4\
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    \3\ The interim additive accuracy margins for the pilot programs 
are: NMHC = 0.17 g/bhp-hr, NOX = 0.50 g/bhp-hr, CO = 0.60 
g/bhp-hr, and PM = 0.10 g/bhp-hr.
    \4\ The final additive accuracy margins for the enforceable 
gaseous programs are: NMHC = 0.01 g/bhp-hr, NOX = 0.15 g/
bhp-hr, and CO = 0.25 g/bhp-hr.
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    In May of 2005, shortly before the in-use test program was 
promulgated, EPA entered into a memorandum of agreement (MOA) with the 
California Air Resources Board (CARB) and the manufacturers of heavy-
duty highway diesel engines (through the Engine Manufacturers 
Association (EMA)) to develop ``data driven'' emission measurement 
allowances through a comprehensive research, development, and 
demonstration program for the fully enforceable programs.\5\ The 
overall test program was designed to be completed in two phases. The 
first phase addressed gaseous emission accuracy margins and the second 
phase addressed the PM emission accuracy margin. The remainder of this 
discussion focuses on the final PEMS accuracy measurement for PM, since 
the final margins for gaseous emissions have already been adopted.
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    \5\ See ``Memorandum of Agreement, Program to Develop Emission 
Measurement Accuracy Margins for Heavy-Duty In-Use Testing,'' dated 
May 2005. A copy of the memorandum is available in the public docket 
for this rule and at the EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
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    The MOA and the June 2005 final rulemaking addressed the 
consequences of failing to complete the accuracy margin development 
work in time for the scheduled start of the PM enforceable 
program.6 7 Two provisions in these documents are most 
relevant to today's rule. The first provision addresses short term 
delays in receiving the final accuracy margins. Specifically, for each 
month the accuracy margins are delayed beyond the agreed upon dates, 
then the affected enforceable program would be delayed by the same 
number of months up to three months. The second provision, which is 
most relevant to today's action, addresses delays in excess of three 
months. In particular, if the final accuracy margin and documentation 
were delayed more than three months from November 1, 2008, then the 
affected PM enforceable program would be placed in abeyance for a year 
and the respective pilot program would be continued for calendar year 
2009 using the interim

[[Page 68451]]

allowance. If necessary, this programmatic adjustment would be repeated 
in subsequent years until the final PM accuracy margin was identified.
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    \6\ See ``Memorandum of Agreement, Program to Develop Emission 
Measurement Accuracy Margins for Heavy-Duty In-Use Testing,'' dated 
May 2005. A copy of the memorandum is available in the public docket 
for this rule and at the EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
    \7\ See ``Control of Emissions of Air Pollution From New Motor 
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles, 
70 FR 34624 (June 14, 2005).
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2. Particulate Matter Emission Measurement Margin for Portable Emission 
Measurement Systems
    The MOA described above called for development of a comprehensive 
test plan for determining the final emission measurement accuracy 
margins for the manufacturer-run, in-use testing program.\8\ Generally, 
the detailed plan included a methodology that called for: (1) 
Comprehensive engine testing in the laboratory to assess the agreed 
upon sources of possible error and the resultant measurement 
variability between the PEMS and laboratory instrumentation and 
measurement methods; (2) the effects of environmental conditions on 
PEMS error and the variability in key engine parameters supplied by the 
engine's electronic controls to the PEMS; (3) the development of a 
statistically-based computer model to simulate effects of all sources 
of error on the final measurement accuracy margin; and (4) validation 
of the simulation model results and resulting accuracy margin against 
data generated through actual in-use field testing using simultaneous 
on-vehicle measurements from a mobile emissions laboratory (i.e., 
laboratory-grade instruments mounted inside a trailer) and a PEMS unit. 
This validation step is important because it provides confidence that 
the simulation model results reflect reasonable accuracy margin. If the 
two methods do not statistically agree, then there may be possible 
errors in the simulation model, the in-use mobile emissions testing 
results, or both. The test plan also contained the statistically-based 
algorithms for calculating the data-driven margin for PM from in-use 
data.
---------------------------------------------------------------------------

    \8\ See ``Test Plan to Determine PEMS Measurement Allowance for 
the PM Emissions Regulated under the Manufacturer-Run Heavy-Duty 
Diesel Engine In-Use Testing Program, for the U.S. Environmental 
Protection Agency, California Air Resources Board, and Engine 
Manufacturers Association'', dated November 11, 2008 (published by 
EPA August 2010), EPA report number: EPA-420-B-10-901. A copy of the 
report is available in the public docket for this rule and at the 
EPA/OTAQ Web site (http://www.epa.gov/otaq/hd-hwy.htm).
---------------------------------------------------------------------------

    After the simulation modeling results were completed, the test plan 
called for the final accuracy margin to be determined by the following 
generalized process. First, select the PEMS with the lowest or minimum 
positive value. Second, select the calculation method that has the 
lowest or minimum positive value. Third, and finally, use the results 
from that method to determine the final measurement accuracy margin.
    The cooperative test program for PM as described in the MOA is 
complete and a final report has been issued.\9\ Two PEMS units from 
different manufacturers were evaluated in the validation phase. When 
the predicted results from the model simulations for one of the PEMS 
units were compared to the mobile emissions laboratory results, the 
model did not validate for PM. It was determined from analyzing the 
results, that the PEMS exhibited a negative bias that was more 
pronounced during the validation tests when compared to the model 
development tests. The model did validate for the PEMS from the other 
manufacturer. Based on these results for that instrument, EPA, ARB, and 
EMA selected the final measurement allowance value and agreed to 
conclude the test program. The resultant final emission measurement 
accuracy margin is 0.006 g/bhp-hr for PM. The derivation of this value 
is documented in the final report referenced above.
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    \9\ See ``PM PEMS Measurement Allowance Determination: Final 
Report,'' U.S. Environmental Protection Agency, June 2010 (published 
by EPA August 2010), EPA report number: EPA-420-R-10-902. A copy of 
the report is available in the public docket for this rule and at 
the EPA/OTAQ Web site (http://www.epa.gov/otaq.hd-hwy.htm).
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3. Delaying the Enforceable PM Program From 2009 to 2011
    As described above, the PM accuracy margin test program has been 
completed. However due to unexpected delays in beginning the test 
program, issues in the development of PM PEMS technology, and other 
challenges in conducting the work, the program took two years longer 
than originally anticipated. Accordingly, in-use test program 
regulations require that the first two years of the previously adopted 
enforceable program, which was originally scheduled for the calendar 
year 2009, be placed into abeyance for two years. Hence, the 
enforceable PM program will now begin in 2011 calendar year.
    As already noted, the current in-use test program regulations 
require that the PM pilot program, which began in the 2007 calendar 
year, be continued for an additional two years through calendar year 
2010. This would result in four years of pilot testing for PM. However, 
our current assessment shows that such extended pilot program testing 
is unnecessary as described below.
    The intent of the original two-year pilot program for PM was to 
make certain that engine manufacturers had adequate real-world 
operational experience, i.e., from recruiting vehicles to submitting 
test reports to EPA, to ensure a successful start of the subsequent 
fully enforceable program.\10\ Manufacturers have reached the May 31, 
2010 reporting deadline for the 2007 calendar year PM pilot program. 
Also, engine manufacturers have completed a substantial amount of in-
use testing for gaseous pollutants, i.e., NMHC, CO, and NOX. 
More specifically, two years of gaseous emissions pilot testing (2005 
and 2006 calendar years) and two years of the fully enforceable program 
(2007 and 2008 calendar years) for these pollutants have been 
completed. Gaseous pollutant in-use testing is in many ways 
complementary to PM in-use testing because nearly all aspects of the 
test regime are the same. Even certain parts of the portable emission 
measurement system instrumentation are used to measure both types of 
pollutants. Engine manufacturers, therefore, have already had a 
substantial amount of experience conducting all aspects of in-use 
testing. As a result, we have concluded that the original intent for 
conducting the PM pilot program will be achieved by retaining the 
requirement for two years of pilot testing rather than expanding it to 
four years. Therefore, we are not extending the PM pilot testing 
program beyond its initial requirement of two years of testing.
---------------------------------------------------------------------------

    \10\ See ``Control of Emissions of Air Pollution From New Motor 
Vehicles: In-Use Testing for Heavy-Duty Diesel Engines and Vehicles, 
70 FR 34614 (June 14, 2005).
---------------------------------------------------------------------------

    As a result of the decision to delay the enforceable program for PM 
until the 2011 calendar year and the decision not to extend the two-
year pilot program, we needed to reassess the schedule for conducting 
the required tests for the pilot program. Two considerations are 
especially important here. First, there is no apparent advantage to 
require that engine manufacturers conduct testing over a single, 
consecutive two-year period, e.g., calendar years 2007 and 2008. 
Second, there may be a benefit to allowing each manufacturer to decide 
which two years out of the four possible years to conduct its PM pilot 
testing. This is because the PM PEMS technology has continued to 
improve and mature as a result of the ongoing cooperative test program 
for developing the final PM accuracy margin. As a result, a 
manufacturer may benefit from an additional flexibility in selecting 
when to complete the PM pilot program in order to gain experience with 
PEMS that will be more like the instrumentation they may use for the 
2011 enforceable program. Therefore,

[[Page 68452]]

we are allowing each manufacturer to report test results in any two out 
of the potentially four calendar years for completing its testing 
obligations under the PM pilot program.
    Finally, we previously designated the engine families for the 2007, 
2008, and 2009 calendar years that each engine manufacturer must test, 
and we have recently designated engine families for the 2010 calendar 
year program. Given the new flexibility in choosing which two of the 
four years to fulfill their testing obligations for the PM pilot 
program, each engine manufacturer must notify EPA by letter to the 
Agency's designated compliance officer to explicitly identify both: (1) 
The designated calendar year(s) where in-use PM pilot program testing 
will be forgone, and (2) the designated calendar year(s) when their 
obligations for PM pilot testing will be completed. This notification 
must be provided to the Agency by January 7, 2011 and must be quickly 
updated if planned testing changes for any calendar year.
4. Removing the PM Accuracy Test Program From the Regulations
    We are taking this opportunity to delete the references in Sec.  
86.1935 that pertain to the final report for PM emission accuracy 
margin and the consequences that would ensue if the report was delayed 
beyond certain dates. These provisions are no longer needed because 
accuracy margin for PM pollutants are being promulgated in this Direct 
Final Rule. This will result in removal of Sec.  86.1935 from the 
regulations in its entirety and any references made to Sec.  86.1935 
throughout 40 CFR part 86.

B. Revisions to 40 CFR 1033.150 To Allow the Use of Earlier Model Year 
Switch Engines With Equivalent Emission Controls

    Section 1033.150(e) allows the use of certified 2008 and later 
nonroad engines in switch locomotives. We are extending the allowance 
to include nonroad engines produced in model years before 2008 as long 
as they were certified to the same standards as 2008 engines. This 
extension will not have any emissions impact since the engines will be 
required to have the same emission controls with or without the 
revisions.

C. Revision of 40 CFR Part 1065 To Clarify the Requirements for PM PEMS 
Testing

    We are taking this opportunity to make minor technical amendments 
to 40 CFR part 1065 that are mostly related to the requirements for in-
use PM instrumentation and that arose from knowledge gained during the 
accuracy margin laboratory and field work mentioned in Section A. 
above. The changes are specified in the following paragraph. The 
reasons for these changes are detailed in a separate document.\11\ 
These amendments have no effect on the stringency of the regulations, 
but simply improve increase testing efficiency, allow new measurement 
techniques, or otherwise clarify the regulatory requirements.
---------------------------------------------------------------------------

    \11\ See ``List of Part 1065 Changes Resulting from HDIUT PM MA 
Program'', dated June 2010. A copy of this list is available in the 
public docket for this rule.
---------------------------------------------------------------------------

    The amendments are as follows:
    1. The requirement to control dilution air temperature has been 
removed for in-use testing;
    2. An in-use filter face velocity specification has been added;
    3. An in-use filter face temperature specification has been added;
    4. We are specifying that there is no requirement for control of 
humidity control for in-situ PM analyzers;
    5. We are allowing the use of a fixed molar mass for the dilute 
exhaust mixture for field testing;
    6. We are deleting the frequency and rise/fall time specs for 
inertial batch PM analyzers;
    7. We are adding a statement that field testing applies at any 
ambient temperature, pressure and humidity, unless otherwise specified 
in the standard setting part (e.g., 40 CFR part 86 for heavy-duty 
highway engines);
    8. We are adding language to state that EPA approves of 
electrostatic deposition technique for PM collection and that the 
technique must meet 95% collection efficiency, as validated by the 
manufacturer;
    9. We are excluding PM PEMS from the system-response and updating-
recording verification requirements;
    10. We are clarifying when an HC contamination check of the 
sampling system should take place;
    11. We are allowing the use of a PM loss correction to account for 
PM loss in the inertial balance, including the sample handling system 
for in-use testing only;
    12. We are making a clarification on how to handle positive 
displacement pump (PDP) pressure calibrations at maximum pressure;
    13. We are allowing a restart of the hot portion of the transient 
test if the hot start was void;
    14. We are making some language changes to make the language used 
more consistent throughout the document; and
    15. We are correcting typographical errors.

D. Revision of 40 CFR 1065.140 To Allow the Use of Partial Flow 
Dilution Systems for Laboratory Transient Test Cycle PM Measurement

    We are taking this opportunity to make changes to 40 CFR 
1065.140(d) to allow the use of partial flow sampling systems for 
measurement of PM during transient test cycles for laboratory testing.
    PM measurement has been traditionally performed using a full flow 
dilution tunnel where the entire amount of engine exhaust gas is 
collected and made available for sampling. With this sampling method, 
commonly referred to as a constant volume sampler (CVS), the size of 
the dilution tunnel depends on the exhaust gas volume, thus the greater 
the volume of exhaust gas emitted from the engine, the larger the 
dilution tunnel must be. As an alternative, a partial-flow dilution 
tunnel allows sampling of part of the total exhaust flow, which reduces 
the size of the sampling system. One of the drawbacks to partial flow 
sampling systems in the past was that the flow controllers did not have 
a fast enough response time to accurately respond to the changing 
exhaust flow rates during a transient cycle. Thus partial flow sampling 
systems were only allowed for use during steady-state cycle testing. 
Recent advancements in the development of fast response flow control 
systems, along with the advancement in the understanding of PM 
formation characteristics have made partial flow sampling systems a 
viable technology for use in transient applications when compared to 
the CVS reference method.
    We currently allow the use of partial flow sampling systems for 
measurement of PM for steady-state and ramped modal cycle (RMC) testing 
and have put specifications in place in 40 CFR 1065.140(e) with respect 
to dilution air temperature, minimum dilution ratio, filter face 
temperature, and residence time to control PM formation. These 
specifications have further worked to improve the accuracy of partial 
flow systems when compared to the CVS.
    We initially proposed this allowance in the locomotive and 
compression-ignition marine engines less than 30 liters per cylinder 
NPRM, but did not finalize it due to concerns over the viability of 
partial flow systems in transient applications.12 13 Since

[[Page 68453]]

promulgating that rule, EPA has worked with industry to gain a better 
understanding of partial flow systems and the improvements that have 
been made over the past decade. We have also reviewed additional data 
supplied by engine and partial flow system equipment manufacturers 
showing comparisons between the traditional CVS and partial flow 
systems for PM measurement.\14\ These data have shown that partial flow 
measurement of PM is a viable tool for measurement in transient 
applications and these systems can meet the dilution parameter control 
requirements in 40 CFR 1065.140 as well as the flow rate linearity 
requirements in 40 CFR 1065.307, Table 1, and the validation of 
proportional flow control requirement in 40 CFR 1065.545. Further, 
correlation testing involving partial flow systems and CVS based 
systems has shown that the partial flow method is equivalent to the CVS 
method via t- and f-test analysis. In light of these recent 
disclosures, EPA will allow the use of this measurement technique.\15\
---------------------------------------------------------------------------

    \12\ See ``Proposed Rule: Control of Emissions of Air Pollution 
from Locomotives and Marine Compression-Ignition Engines Less than 
30 Liters per Cylinder'', 72 FR 34594 (April 3, 2007).
    \13\ See ``Final Rule: Control of Emissions of Air Pollution 
from Locomotives and Marine Compression-Ignition Engines Less Than 
30 Liters per Cylinder'', 73 FR (May 6, 2008).
    \14\ See ``Sierra Instruments Model BG-3 vs. CVS Multiple Engine 
Correlation Study'', dated November 2009. A copy of this list is 
available in the public docket for this rule.
    \15\ Compliance evaluation when conducted by the Administrator, 
independent of the method for dilution, become the official results. 
Manufacturers should be prepared to demonstrate compliance with the 
full flow CVS even if initial certification was conducted using a 
partial flow dilution system. EPA will continue to use the CVS-based 
PM measurement method for our own compliance testing regardless of 
what method the manufacturer used to certify the engine.
---------------------------------------------------------------------------

E. Revision of 40 CFR 86.1370 To Clarify How To Handle NTE Events 
During Regeneration

    We are taking this opportunity to further define how to handle 
regeneration events that occur during real world in-use NTE tests. The 
current text as it exists in 40 CFR 86.1370-2007(d)(2) has caused 
confusion with respect to determination of the NTE minimum averaging 
period.
    This revision establishes a new method to calculate the minimum 
averaging period. The intent here is to minimize the number of voided 
NTE events due to regeneration for systems that undergo frequent and/or 
infrequent regeneration, while ensuring that the NTE averaging time is 
appropriate based on the regeneration time.
    The regeneration duty cycle fraction over the course of the entire 
test day can be determined by dividing the mean time of the complete 
regeneration events (state 2) by the sum of the mean time of the non-
regeneration events (state 0) and the mean time of the complete 
regeneration segments including time in those segments where 
regeneration is pending (states 1 and 2).
    To determine whether an NTE that includes a regeneration event is 
valid, the minimum average time is determined by summing the portion of 
the NTE event that occurs during regeneration and dividing by the 
fraction of time over the entire sampling period, i.e., shift-day, that 
regeneration occurred for complete regeneration events. This latter 
term is referred to as the regeneration fraction. If the duration of 
the NTE is greater than or equal to this minimum average time, then the 
NTE event is valid.\16\ For example, if an NTE event was 125 seconds 
long and contained 25 seconds of regeneration, and regeneration 
fraction was 0.24, the minimum averaging time for this NTE event is 104 
seconds (25/0.24=104). In this example, the NTE event would be valid.
---------------------------------------------------------------------------

    \16\ See, Letter from EMA to EPA, ``Treatment of Overlapping NTE 
and Regeneration Events, (July 29, 2009). A copy of the report is 
available in the public docket for this rule.
---------------------------------------------------------------------------

F. Revision of 40 CFR 1065.915 To Allow the Use of ECM Fuel Rate To 
Determine NTE Mass Emission Rate

    We are taking this opportunity to allow the use of fuel rate data 
that is available from the engine's electronic control module (ECM) 
along with other information, including the CO2, CO, and 
hydrocarbon emissions to calculate the requisite exhaust flow rate for 
mass emission rate determination. We believe that all large horsepower 
nonroad diesel engines will be equipped with ECMs that report fuel flow 
within the time frame proposed for implementation of the in-use testing 
program. The ECM fuel flow rate-based methodology currently requires 
prior EPA approval under 40 CFR 1065.915(d)(5)(iv). This pre-approval 
requirement is based on past concerns with respect to the accuracy of 
the ECM broadcast fuel flow rate when calculating brake-specific 
emission results in the absence of an exhaust flow measurement. 
However, more recent information from the cooperative in-use emission 
measurement allowance program for PEMS showed that emission 
calculations incorporating the ECM fuel rate yielded results comparable 
to those using approved calculation methodology.\17\ Based on that 
study and the inclusion of ECM derived BSFC in the determination of the 
accuracy margin, we are proposing to eliminate the requirement that a 
manufacturer must have EPA approval to use this method to determine 
exhaust flow rates via an amendment to 40 CFR 1065.915.
---------------------------------------------------------------------------

    \17\ See ``Determination of PEMS Measurement Allowances for 
Gaseous Emissions Regulated under the Heavy-Duty Diesel Engine In-
Use Testing Program, dated April 2007. A copy of the report is 
available in the public docket for this rule and at the EPA/OTAQ Web 
site (http://www.epa.gov/otaq/hd-hwy.htm).
---------------------------------------------------------------------------

G. Revision of 40 CFR 1045.145 To Extend the Notification Deadline for 
Small-Volume Manufacturers of Marine SI Engines

    Our current regulations for sterndrive/inboard marine SI engines 
allow for delayed implementation of emission standards for small-volume 
manufacturers making sterndrive/inboard marine SI engines (see Sec.  
1045.145(a)). One requirement related to this delay is for the 
manufacturer to notify EPA before the standards take effect. However, 
we have learned that there are some small-volume engine manufacturers 
that have not yet learned about the new emission standards. We believe 
it is appropriate to extend the notification deadline for these 
manufacturers by one year to allow for further communications related 
to the new requirements. With the later deadline we also need to add 
language in the regulation to clarify that manufacturers need to notify 
EPA before introducing such engines into U.S. commerce for them to have 
a valid temporary exemption. These revisions address the logistical 
challenges related to implementing the new standards without changing 
the effective implementation schedule of the original rule.

H. Revision of 40 CFR 1039.102 To Enable Phase Out of Tier 3 Diesel 
Engines

    When creating 40 CFR 1039.102 (69 FR 39213, June 29, 2004), we 
included provisions intended to allow engine manufacturers to use 
emission credits to continue producing a small number of Tier 3 nonroad 
diesel engines after the Tier 4 standards began to apply. However, we 
now realize that the provisions may not work as intended because the 
Tier 4 averaging programs inadvertently do not allow manufacturers to 
show compliance with the applicable 0.19 g/kW-hr NMHC standard using 
credits. In today's rulemaking, we are amending this section to allow 
manufacturers to use credits to show compliance with alternate 
NOX + HC standards. The alternate NOX + NMHC 
standards for each power category would be equal to the numerical value 
of the applicable alternate NOX standard of Sec.  
1039.102(e)(1) or (2) plus 0.10 g/kW-hr. Engines certified to these 
NOX +NMHC standards may not generate

[[Page 68454]]

emission credits. Since additional 0.10 g/kW-hr for the combined 
standard is less than the otherwise applicable NMHC standard, there 
would be a small environmental benefit when manufacturers choose to 
certify to the alternate standards.

I. Revision of 40 CFR 1039.625 To Revise TPEM Provisions for Special 
High-Altitude Equipment

    We have been made aware of a number of unique challenges involved 
in implementing Tier 4 requirements for certain specialized high-
altitude equipment. In setting the Tier 4 standards in 2004, we 
anticipated that typical engineering challenges would arise in 
redesigning machines to use the new engines, and we restructured our 
transition program for equipment manufacturers, first established in 
the Tier 2/Tier 3 rule, to help manufacturers deal with these 
challenges. This important flexibility program has been highly 
successful. We do feel that a minor adjustment is warranted for the 
specialized high-altitude equipment identified.
    This equipment is designed for use on snow and, for at least some 
of its operating life, at elevations more than 9,000 feet above sea 
level. The applications are ski area snow groomers, both alpine and 
cross-county, and personnel transporters used in search and rescue 
operations, and maintenance of utility lines and towers.
    One manufacturer of this equipment, has identified a number of 
technical issues specific to the equipment, including: \18\
---------------------------------------------------------------------------

    \18\ E-mail from Jean-Claude Perreault, Prinoth Ltd, to Byron 
Bunker, U.S. EPA, ``Prinoth technical information'', June 8, 2010.
---------------------------------------------------------------------------

    1. Reliability: The performance of the new engine and 
aftertreatment components is untested at high altitudes in winter 
conditions. Engine operating temperatures may be elevated at higher 
altitudes with potential impacts on engine performance and reliability;
    2. Cold Starting: Diesel cold starting is aggravated at high 
altitudes due to lower oxygen availability. No-start situations for 
high-altitude equipment may be life threatening;
    3. Engine power: The degree to which a Tier 4 engine's power is 
reduced, i.e., derated, with increasing altitude is unproven. Excessive 
derate would hinder the vehicles' snow grooming function and 
performance;
    4. Particulate filter regeneration: These machines operate for long 
periods traveling downhill with little engine load. Regeneration must 
be validated;
    5. Functioning in extreme conditions: Snow groomers must reliably 
push and grind snow and ice in extreme conditions, including while 
moving up and down steep grades; and
    6. Weight: The added weight of Tier 4 aftertreatment and cooling 
components will directly affect ground pressure, which can hamper a 
snow groomer's essential function.
    In identifying these issues, the manufacturer stated that it 
expects two, possibly three, winters of prototype testing are needed to 
work through these issues and believes that flexibility in the use of 
exemptions provided by the Tier 4 transition program is key to enabling 
this. We have evaluated the technical issues, and have concluded there 
are likely to be some unique challenges in implementing Tier 4 for 
high-altitude equipment of this type.
    In response, to provide modest but meaningful additional 
flexibility, we are removing the single engine family restriction for 
the use of the small volume provision allowing 700 exempted units over 
seven years. This additional flexibility would only apply for 
manufacturers of specialized high-altitude equipment (designed to 
commonly operate above 9,000 feet), and only in the first two model 
years of Tier 4 standards. Afterward, the single engine family 
restriction would apply. In no case would the 700 unit maximum over 
seven years be exceeded.
    We do not expect that this change will result in a significant 
negative impact on any engine or equipment manufacturers. Engine 
manufacturers are already expecting to produce some Tier 4 engines for 
the transition program, and the number of additional exempted engines 
will be relatively small. Equipment manufacturers can either take 
advantage of this change, or are already able to exempt the same number 
of affected machines for several years under the existing transition 
program provisions.
    We also believe the impact of this modification on Tier 4 
environmental benefits will be negligible, given that: (1) It only 
applies to the small volume portion of the transition program, (2) the 
total U.S. annual sales of specialized high-altitude equipment is, at 
most, a few hundred, (3) much of this equipment operates for only a 
part of the year, (4) the modification only applies in the first two 
Tier 4 model years, and does not increase the overall exemption limit 
of 700 over seven years.

J. Revision of 40 CFR 1054.101 To Clarify Prohibitions Related to 
Handheld Small SI Engines Installed in Nonhandheld Equipment

    The existing regulations related to emission standards for nonroad 
spark-ignition engines below 19 kW specifically prohibit the sale of 
nonhandheld equipment equipped with handheld engines. The regulations 
in Sec.  1054.101 state that handheld engines may not be installed in 
nonhandheld equipment, but the regulatory text does not state that this 
is prohibited under Sec.  1068.101 or identify which penalty provisions 
apply. In this rule we are adding a statement to Sec.  1054.101(e) to 
describe how this action violates the prohibited acts identified in 
Sec.  1068.101, consistent with the regulations under 40 CFR part 90.

K. Revision of 40 CFR 1042 Appendix II To Correct Time Weighting at 
Mode for Engines Certifying to the E2 RMC Cycle

    The existing regulations contain an error in the time at mode for 
each steady-state point when certifying an engine to the E2 ramped 
modal cycle (RMC). When the E2 RMC cycle was generated, the times at 
mode were not correct based on the weighting of the discrete-mode 
cycle. In this rule we are correcting the time at mode for all four 
steady-state portions of the E2 RMC cycle to correspond with the mode 
weighting for the discrete-mode test.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO. EPA is taking direct 
final action on several revisions to EPA's mobile source emission 
programs standards and test procedures. This direct final rule merely 
contains several minor and noncontroversial amendments to EPA's mobile 
source emission programs as described in the Summary and Section IV. 
Details of the Rule.

B. Paperwork Reduction Act

    This action does not impose a new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Burden is defined at 5 CFR 1320.3(b). It merely contains several 
minor and noncontroversial technical amendments to EPA's mobile source 
emission programs as described in the Summary and Section IV. Details 
of the Rule. Therefore, there are no new paperwork requirements 
associated with this rule.

C. Regulatory Flexibility Act

    For purposes of assessing the impacts of this final rule on small 
entities, a small entity is defined as: (1) A small

[[Page 68455]]

business that meet the definition for business based on SBA size 
standards at 13 CFR 121.201; (2) a small governmental jurisdiction that 
is a government of a city, county, town, school district or special 
district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not impose any new requirements on small entities.
    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this direct final rule. It 
merely contains several minor and noncontroversial technical amendments 
to EPA's mobile source emission programs as described in the Summary 
and Section IV. Details of the Rule. We have, therefore, concluded that 
today's final rule will not affect the regulatory burden for small 
entities and will not have a significant economic impact on a 
substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under Section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, Section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of Section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
Section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why such 
an alternative was adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under Section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This rule contains no federal mandates for state, local, or tribal 
governments as defined by the provisions of Title II of the UMRA. The 
rule imposes no enforceable duties on any of these governmental 
entities. Nothing in the rule would significantly or uniquely affect 
small governments. EPA has determined that this rule contains no 
federal mandates that may result in expenditures of more than $100 
million to the private sector in any single year. It merely contains 
several minor and noncontroversial technical amendments to EPA's mobile 
source emission programs as described in the Summary and Section IV. 
Details of the Rule. The requirements of UMRA, therefore, do not apply 
to this action.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law, unless the Agency 
consults with State and local officials early in the process of 
developing the regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt State or local law, even if those rules do not 
have federalism implications (i.e., the rules will not have substantial 
direct effects on the States, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government). Those 
requirements include providing all affected State and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, EPA also must consult, to the 
extent practicable, with appropriate State and local officials 
regarding the conflict between State law and Federally protected 
interests within the agency's area of regulatory responsibility.
    This rule does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This direct final rule merely 
contains several minor and noncontroversial technical amendments to 
EPA's mobile source emission programs as described in the Summary and 
Section IV. Details of the Rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175.

[[Page 68456]]

This rule does not uniquely affect the communities of Indian Tribal 
Governments. Further, no circumstances specific to such communities 
exist that would cause an impact on these communities beyond those 
discussed in the other sections of this rule. This direct final rule 
merely contains several minor and noncontroversial technical amendments 
to EPA's mobile source emission programs as described in the Summary 
and Section IV. Details of the Rule. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, Section 5-501 of the Order directs the Agency to 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This rule is not subject to the Executive Order because it is not 
economically significant as defined in EO 12866, and because the Agency 
does not have reason to believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This direct final rule merely contains several minor and 
noncontroversial technical amendments to EPA's mobile source emission 
programs as described in the Summary and Section IV. Details of the 
Rule.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution or use of energy. This 
direct final rule merely contains several and noncontroversial minor 
technical amendments to EPA's mobile source emission programs as 
described in the Summary and Section IV. Details of the Rule.
I. National Technology Transfer and Advancement Act
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (such as materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards.
    This direct final rule does not involve technical standards. It 
merely contains several minor and noncontroversial technical amendments 
to EPA's mobile source emission programs as described in the Summary 
and Section IV. Details of the Rule. Thus, we have determined that the 
requirements of the NTTAA do not apply.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this rule will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it does not affect the level of 
protection provided to human health or the environment. This direct 
final rule merely contains several minor and noncontroversial technical 
amendments to EPA's mobile source emission programs as described in the 
Summary and Section IV. Details of the Rule.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to Congress and the Comptroller General of the United 
States. We will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States before publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule 
is effective on January 7, 2011.

L. Statutory Authority

    The statutory authority for this action comes from 42 U.S.C. 7401-
7671q and 33 U.S.C. 1901-1915.

List of Subjects

40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Labeling, Motor vehicle pollution, 
Reporting and recordkeeping requirements.

40 CFR Part 1033

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Incorporation by reference, 
Labeling, Penalties, Railroads, Reporting and recordkeeping 
requirements.

40 CFR Part 1039

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Penalties, Reporting and 
recordkeeping requirements, Warranties.

40 CFR Part 1042

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Penalties, Vessels, Reporting and 
recordkeeping requirements, Warranties.

40 CFR Part 1045

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Penalties, Reporting and 
recordkeeping requirements, Warranties.

[[Page 68457]]

40 CFR Part 1054

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Penalties, Reporting and recordkeeping requirements, 
Warranties.

40 CFR Part 1065

    Administrative practice and procedure, Air pollution control, 
Reporting and recordkeeping requirements, Research.

    Dated: October 29, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES 
AND ENGINES

0
1. The authority citation for part 86 continues to read as follows:

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

Subpart N--[Amended]

0
2. Section 86.1370-2007 is amended revising paragraph (d) to read as 
follows:

Sec.  86.1370-2007  Not-To-Exceed test procedures.

* * * * *
    (d) Not-to-exceed control area limits. (1) When operated within the 
Not-To-Exceed Control Area defined in paragraph (b) of this section, 
diesel engine emissions shall not exceed the applicable Not-To-Exceed 
Limits specified in Sec.  86.007-11(a)(4) when averaged over any time 
period greater than or equal to 30 seconds, except where a longer 
minimum averaging period is required by paragraph (d)(2) of this 
section.
    (2) For engines equipped with emission controls that include 
discrete regeneration events and that send a recordable electronic 
signal indicating the start and end of the regeneration event, 
determine the minimum averaging period for each NTE event that includes 
regeneration active operation as described in paragraph (d)(2)(i) of 
this section. This minimum averaging period is used to determine 
whether the individual NTE event is a valid NTE event. For engines 
equipped with emission controls that include multiple discrete 
regeneration events (e.g., de-soot, de-NOX, de-
SOX, etc.) and associated electronic signals, if an NTE 
event includes regeneration active operation on multiple regeneration 
signals, determine the minimum averaging period for each regeneration 
signal according to paragraph (d)(2)(i) of this section and use the 
longest period. This minimum averaging period applies if it is longer 
than 30 seconds. The electronic signal from the engine's ECU must 
indicate non-regeneration and regeneration operation. Regeneration 
operation may be further divided into regeneration pending and 
regeneration active operation. These are referred to as states 0, 1, 
and 2 for non-regeneration, regeneration pending, and regeneration 
active operation, respectively. No further subdivision of these states 
are allowed for use in this paragraph (d)(2). Where the electronic 
signal does not differentiate between regeneration pending and active 
operation, take the regeneration signal to mean regeneration active 
operation (state 2). A complete non-regeneration event is a time period 
that occurs during the course of the shift-day that is bracketed by 
regeneration operation, which is either regeneration active operation 
(state 2) or regeneration pending operation (state 1). A complete 
regeneration event is a time period that occurs during the course of 
the shift-day that is bracketed before and after by non-regeneration 
operation (state 0); a complete regeneration event includes any time in 
the event where regeneration is pending (state 1). The following figure 
provides an example of regeneration events during a shift-day:
BILLING CODE 6560-50-P

[[Page 68458]]

[GRAPHIC] [TIFF OMITTED] TR08NO10.021

BILLING CODE 6560-50-C

[[Page 68459]]

    (i) Calculate the minimum averaging period, tNTE,min, 
for each candidate NTE event as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.023

Where:
i = an indexing variable that represents periods of time within the 
candidate NTE event where the electronic signal indicates 
regeneration active operation (state 2).
N = the number of periods of time within the candidate NTE event 
where the electronic signal indicates regeneration active operation 
(state 2).
t2,NTE,i = the duration of the i-th time period within 
the candidate NTE event where the electronic signal indicates 
regeneration active operation (state 2), in seconds.
RF = regeneration fraction over the course of the shift-day, as 
determined in paragraph (d)(2)(ii) of this section.

    (ii) Calculate the regeneration fraction, RF, over the course of a 
shift-day as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.024

Where:
i = an indexing variable that represents complete regeneration 
events within the shift-day.
j = an indexing variable that represents periods of time within the 
i-th complete regeneration event where the electronic signal 
indicates regeneration active operation (state 2).
k = an indexing variable that represents complete non-regeneration 
events within the shift-day.
N0 = the number of complete non-regeneration events 
within the shift-day.
N12 = the number of complete regeneration events within 
the shift-day.
N2,i = the number of periods of within the i[dash]th 
complete regeneration event where the electronic signal indicates 
regeneration active operation (state 2).
t0,k = the duration of the k-th complete non-regeneration 
event within the shift-day, in seconds.
t12,i = the duration of the i-th complete regeneration 
event within the shift-day, in seconds, including time in those 
events where regeneration is pending (state 1).
t2,i,j = the duration of the j-th time period within the 
i-th complete regeneration event where the electronic signal 
indicates regeneration active operation (state 2), in seconds. Note 
that this excludes time in each complete regeneration event where 
regeneration is pending (state 1).

    (iii) If either N0 or N12 are zero, then 
RF cannot be calculated and all candidate NTE events that include 
regeneration active operation are void.
    (iv) Compare the minimum averaging period for the candidate NTE 
event, tNTE,min, to the actual NTE duration, 
tNTE. If tNTENTE,min the 
candidate NTE event is void. If tNTE >= 
tNTE,min the candidate NTE event is valid. It can also 
therefore be included in the overall determination of vehicle-pass 
ratio according to Sec.  86.1912.
    (v) You may choose to not void emission results for a candidate 
NTE event even though we allow you to void the NTE event under 
paragraph (d)(2)(iii) or (iv) of this section. If you choose this 
option, you must include the results for all regulated pollutants 
that were measured and validated during the NTE event for a given 
NTE monitoring system.
    (vi)(A) The following is an example of calculating the minimum 
averaging period, tNTE,min, for a candidate NTE event. 
See Figure 1 of this section for an illustration of the terms to 
calculate the regeneration fraction, RF. For this example there are 
three complete non-regeneration events and two complete regeneration 
events in the shift-day.

N0 = 3
N12 = 2

    (B) The duration of the three complete non-regeneration events 
within the shift-day are:

t0,1 = 5424 s
t0,2 = 6676 s
t0,3 = 3079 s

    (C) The sums of all the regeneration active periods in the two 
complete regeneration events are:
[GRAPHIC] [TIFF OMITTED] TR08NO10.025

    (D) The duration of each of the two complete regeneration events 
within the shift-day are:

t12,1 = 8440 s
t12,2 = 3920 s

    (E) The RF for this shift-day is:
    [GRAPHIC] [TIFF OMITTED] TR08NO10.026
    
    (F) For this example, consider a candidate NTE event where there 
are two periods of regeneration active operation (state 2).

t2,NTE,1 = 37 s
t2,NTE,2 = 40 s

    (G) The minimum averaging period for this candidate NTE event 
is:
[GRAPHIC] [TIFF OMITTED] TR08NO10.027

tNTE,min = 320.0 s
* * * * *

Subpart T--[Amended]

0
3. Section 86.1901 is amended by revising paragraph (a) to read as 
follows:

Sec.  86.1901  What testing requirements apply to my engines that have 
gone into service?

    (a) If you manufacture diesel heavy-duty engines above 8,500 lbs. 
GVWR that are subject to engine-based exhaust emission standards under 
this part, you must test them as described in this subpart. You must 
measure all emissions listed in Sec.  86.1910(d) other than PM 
beginning in calendar year 2005 and you must measure PM emissions 
beginning in calendar year 2007. See Sec.  86.1930 for special 
provisions that may apply to manufacturers in the early years of this 
program.
* * * * *
0
4. Section 86.1905 is amended by revising paragraph (c)(2) to read as 
follows:

Sec.  86.1905  How does this program work?

* * * * *
    (c) * * *
    (2) 2011 for PM testing.
* * * * *

0
5. Section 86.1910 is amended by revising paragraph (g) to read as 
follows:

Sec.  86.1910  How must I prepare and test my in-use engines?

* * * * *
    (g) Once an engine is set up for testing, test the engine for at 
least one shift-day. To complete a shift-day's

[[Page 68460]]

worth of testing, start sampling at the beginning of a shift and 
continue sampling for the whole shift, subject to the calibration 
requirements of the portable emissions measurement systems. A shift-day 
is the period of a normal workday for an individual employee. If the 
first shift-day of testing does not involve at least 3 hours of 
accumulated non-idle operation, repeat the testing for a second shift-
day and report the results from both days of testing. If the second 
shift-day of testing also does not result in at least 3 hours of 
accumulated non-idle operation, you may choose whether or not to 
continue testing with that vehicle. If after two shift-days you 
discontinue testing before accumulating 3 hours of non-idle operation 
on either day, evaluate the valid NTE samples from both days of testing 
as described in Sec.  86.1912 and include the data in the reporting and 
record keeping requirements specified in Sec. Sec.  86.1920 and 1925. 
Count the engine toward meeting your testing requirements under this 
subpart and use the data for deciding whether additional engines must 
be tested under the applicable Phase 1 or Phase 2 test plan.
* * * * *

0
6. Section 86.1912 is amended by revising paragraphs (a)(4)(xiii) and 
(a)(5)(iv) to read as follows:

Sec.  86.1912  How do I determine whether an engine meets the vehicle-
pass criteria?

* * * * *
    (a) * * *
    (4) * * *
    (xiii) PM: 0.006 grams per brake horsepower-hour.
    (5) * * *
    (iv) PM: 0.006 grams per brake horsepower-hour.
* * * * *
0
7. Section 86.1920 is amended by revising paragraph (b)(4)(xii)(E) to 
read as follows:

Sec.  86.1920  What in-use testing information must I report to EPA?

* * * * *
    (b) * * *
    (4) * * *
    (xii) * * *
    (E) Emissions of THC, NMHC, CO, CO2 or O2, 
and NOX (as appropriate). Report results for PM if it was 
measured in a manner that provides one-hertz test data. Report results 
for CH4 if it was measured and used to determine NMHC.
* * * * *

0
8. Section 86.1930 is amended as follows:
0
a. By revising the section heading.
0
b. By redesignating paragraph (b) as paragraph (c).
0
c. By revising paragraph (a).
0
d. By adding a new paragraph (b).
0
e. By revising the newly redesignated paragraph (c)(1)(iii).

Sec.  86.1930  What special provisions apply from 2005 through 2010?

    (a) We may direct you to test engines under this subpart for 
emissions other than PM in 2005 and 2006, and for PM emissions in 2007 
through 2010. In those interim periods, all the provisions of this 
subpart apply, except as specified in this paragraph (a). You may apply 
the exceptions identified in this section for both years of the 
applicable years for emissions other than PM. You may omit testing and 
reporting in two of the four applicable years for PM emissions.
    (1) We will select engine families for testing of emissions other 
than PM only when the manufacturer's Statement of Compliance 
specifically describes the family as being designed to comply with NTE 
requirements.
    (2) We will not direct you to do the Phase 2 testing in Sec.  
86.1915(c), regardless of measured emission levels.
    (3) For purposes of calculating the NTE thresholds under Sec.  
86.1912(a) for any 2006 and earlier model year engine that is not 
subject to the emission standards in Sec.  86.007-11, determine the 
applicable NTE standards as follows:
    (i) If any numerical NTE requirements specified in the terms of any 
consent decree apply to the engine family, use those values as the NTE 
standards for testing under this subpart.
    (ii) If a numerical NTE requirement is not specified in a consent 
decree for the engine family, the NTE standards are 1.25 times the 
applicable FELs or the applicable emission standards specified in Sec.  
86.004-11(a)(1) or Sec.  86.098-11(a)(1).
    (4) In the report required in Sec.  86.1920(b), you must submit the 
deficiencies and limited testing region reports (see Sec. Sec.  86.007-
11(a)(4)(iv) and 86.1370-2007(b)(6) and (7)) for 2006 and earlier model 
year engines tested under this section.
    (5) You must notify the Designated Compliance Officer by September 
30, 2010 whether or not you will submit test reports for PM emissions 
for each of the four years from 2007 through 2010. See 40 CFR 1068.30 
for the contact information for the Designated Compliance Officer.
    (6) You must submit reports by the deadlines specified in paragraph 
(b) of this section.
    (b) The following deadlines apply for reporting test results under 
this subpart:
    (1) You must complete all the required testing and reporting under 
this subpart related to emissions other than PM by the following dates:
    (i) November 30, 2007 for engine families that we designate for 
testing in 2005.
    (ii) November 30, 2008 for engine families that we designate for 
testing in 2006.
    (iii) November 30, 2009 for engine families that we designate for 
testing in 2007.
    (iv) March 31, 2010 for engine families we designate for testing in 
2008.
    (v) April 30, 2011 for engine families we designate for testing in 
2009.
    (2) You must complete all the required testing and reporting under 
this subpart related to PM emissions by the following dates:
    (i) May 31, 2010 for engine families that we designate for testing 
in 2007.
    (ii) September 30, 2010 for engine families we designate for 
testing in 2008.
    (iii) April 30, 2011 for engine families we designate for testing 
in 2009.
    (iv) November 30, 2011 for engine families we designate for testing 
in 2009.
    (c) * * *
    (1) * * *
    (iii) April 30, 2011 for engine families that we designate for non-
PM testing in 2009.
* * * * *

Sec.  86.1935--[Removed]  

0
9. Section 86.1935 is removed.

PART 1033--CONTROL OF EMISSIONS FROM LOCOMOTIVES

0
10. The authority citation for part 1033 continues to read as follows:

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

Subpart B--[Amended]

0
11. Section 1033.150 is amended by revising paragraph (e)(1) to read as 
follows:

Sec.  1033.150  Interim provisions.

* * * * *
    (e) * * *
    (1) All of the engines on the switch locomotive must be covered by 
a certificate of conformity issued under 40 CFR part 89 or 1039 for 
model year 2008 or later (or earlier model years if the same standards 
applied as in 2008). Engines over 750 hp certified to the Tier 4 
standards for non-generator set engines are not eligible for this 
allowance after 2014.
* * * * *

[[Page 68461]]

PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 
COMPRESSION-IGNITION ENGINES

0
12. The authority citation for part 1039 continues to read as follows:

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

Subpart B--[Amended]

0
13. Section 1039.102 is amended by revising paragraph (e) to read as 
follows:

Sec.  1039.102  What exhaust emission standards and phase-in allowances 
apply for my engines in model year 2014 and earlier?

* * * * *
    (e) Alternate NOX standards. For engines in 56-560 kW power 
categories during the phase-in of Tier 4 standards, you may certify 
engine families to the alternate NOX or NOX + 
NMHC standards in this paragraph (e) instead of the phase-in and phase-
out NOX and NOX + NMHC standards described in 
Tables 4 through 6 of this section. Engines certified to an alternate 
NOX standard under this section must be certified to an NMHC 
standard of 0.19 g/kW-hr. Do not include engine families certified 
under this paragraph (e) in determining whether you comply with the 
percentage phase-in requirements of paragraphs (c) and (d)(2) of this 
section. Except for the provisions for alternate FEL caps in Sec.  
1039.104(g), the NOX and NOX + NMHC standards and 
FEL caps under this paragraph (e) are as follows:
    (1) For engines in the 56-130 kW power category, apply the 
following alternate NOX standards and FEL caps:
    (i) If you use the provisions of paragraph (d)(1) of this section, 
your alternate NOX standard for any engine family in the 56-
130 kW power category is 2.3 g/kW-hr for model years 2012 and 2013. 
Engines certified to this standard may not exceed a NOX FEL 
cap of 3.0 g/kW-hr.
    (ii) If you use the provisions of paragraph (d)(2) of this section, 
your alternate NOX standard for any engine family in the 56-
130 kW power category is 3.4 g/kW-hr for model years 2012 through 2014. 
Engines below 75 kW certified to this standard may not exceed a 
NOX FEL cap of 4.4 g/kW-hr; engines at or above 75 kW 
certified to this standard may not exceed a NOX FEL cap of 
3.8 g/kW-hr.
    (iii) If you do not use the provisions of paragraph (d) of this 
section, you may apply the alternate NOX standard and the 
appropriate FEL cap from either paragraph (e)(1)(i) or (ii) of this 
section.
    (2) For engines in the 130-560 kW power category, the alternate 
NOX standard is 2.0 g/kW-hr for model years 2011 through 
2013. Engines certified to this standard may not exceed a 
NOX FEL cap of 2.7 g/kW-hr.
    (3) You use NOX + NMHC emission credits to certify an 
engine family to the alternate NOX + NMHC standards in this 
paragraph (e)(3) instead of the otherwise applicable alternate 
NOX and NMHC standards. Calculate the alternate 
NOX + NMHC standard by adding 0.1 g/kW-hr to the numerical 
value of the applicable alternate NOX standard of paragraph 
(e)(1) or (2) of this section. Engines certified to the NOX 
+ NMHC standards of this paragraph (e)(3) may not generate emission 
credits. The FEL caps for engine families certified under this 
paragraph (e)(3) are the previously applicable NOX + NMHC 
standards of 40 CFR 89.112 (generally the Tier 3 standards).
* * * * *

0
14. Section 1039.104 is amended by adding paragraph (g)(5) to read as 
follows:

Sec.  1039.104  Are there interim provisions that apply only for a 
limited time?

* * * * *
    (g) * * *
    (5) You may certify engines under this paragraph (g) without regard 
to whether or not the engine family's FEL is at or below the otherwise 
applicable FEL cap. For example, a 200 kW engine certified to the 
NOX + NMHC standard of Sec.  1039.102(e)(3) with an FEL 
equal to the FEL cap of 2.8 g/kW-hr may be certified under this 
paragraph (g) and count toward the sales limit specified in paragraph 
(g)(1) of this section.
* * * * *

Subpart G--[Amended]

0
15. Section 1039.625 is amended by adding paragraph (b)(2)(iii) read as 
follows:

Sec.  1039.625  What requirements apply under the program for 
equipment-manufacturer flexibility?

* * * * *
    (b) * * *
    (2) * * *
    (iii) In each power category at or above 56 kW, you may apply the 
provisions of paragraph (b)(2)(i) of this section in the first two 
model years for which Tier 4 standards apply, regardless of the number 
of engine families you use in your equipment, provided you exceed the 
single engine family restriction of that paragraph primarily due to 
production of equipment intended specifically to travel on snow and to 
commonly operate at more than 9,000 feet above sea level. After the 
first two Tier 4 model years in a power category, you may continue to 
apply the provisions of paragraph (b)(2)(i) of this section, subject to 
the single engine family restriction.
* * * * *

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

0
16. The authority citation for part 1042 continues to read as follows:

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

Subpart J--[Amended]

0
17. Appendix II to part 1042 is amended by revising paragraph (c)(2) to 
read as follows:

Appendix II to Part 1042--Steady-State Duty Cycles

* * * * *
    (c) * * *
    (2) The following duty cycle applies for ramped-modal testing:

----------------------------------------------------------------------------------------------------------------
                                        Time in mode
               RMC mode                   (seconds)          Engine speed             Torque  (percent)1 2
----------------------------------------------------------------------------------------------------------------
1a Steady-state......................             229  Engine Governed........  100.
1b Transition........................              20  Engine Governed........  Linear transition.
2a Steady-state......................             166  Engine Governed........  25.
2b Transition........................              20  Engine Governed........  Linear transition.
3a Steady-state......................             570  Engine Governed........  75.
3b Transition........................              20  Engine Governed........  Linear transition.
4a Steady-state......................             175  Engine Governed........  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.

[[Page 68462]]

PART 1045--CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION 
MARINE ENGINES AND VESSELS

0
18. The authority citation for part 1045 continues to read as follows:

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

Subpart B--[Amended]

0
19. Section 1045.145 is amended by revising paragraph (a) introductory 
text to read as follows:

Sec.  1045.145  Are there interim provisions that apply only for a 
limited time?

* * * * *
    (a) Small-volume engine manufacturers. Special provisions apply to 
you for sterndrive/inboard engines if you are a small-volume engine 
manufacturer subject to the requirements of this part. You may delay 
complying with emission standards and other requirements that would 
otherwise apply until the 2011 model year for conventional sterndrive/
inboard engines and until the 2013 model year for high-performance 
engines. For an engine to be exempt under this paragraph (a), you must 
contact us before January 1, 2011 or before you introduce such engines 
into U.S. commerce, whichever comes first. Add a permanent label to a 
readily visible part of each engine exempted under this paragraph (a). 
This label must include at least the following items:
* * * * *

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

0
20. The authority citation for part 1054 continues to read as follows:

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

Subpart B--[Amended]

0
21. Section 1054.101 is amended by revising paragraph (e) to read as 
follows:

Sec.  1054.101  What emission standards and requirements must my 
engines meet?

* * * * *
    (e) Relationship between handheld and nonhandheld engines. Any 
engines certified to the nonhandheld emission standards in Sec.  
1054.105 may be used in either handheld or nonhandheld equipment. 
Engines above 80 cc certified to the handheld emission standards in 
Sec.  1054.103 may not be used in nonhandheld equipment. 40 CFR 
1068.101 prohibits the introduction into commerce or importation of 
such nonhandheld equipment except as specified in this paragraph (e). 
For purposes of the requirements of this part, engines at or below 80 
cc are considered handheld engines, but may be installed in either 
handheld or nonhandheld equipment. These engines are subject to 
handheld exhaust emission standards; the equipment in which they are 
installed are subject to handheld evaporative emission standards 
starting with the model years specified in this part 1054. See Sec.  
1054.701(c) for special provisions related to emission credits for 
engine families with displacement at or below 80 cc where those engines 
are installed in nonhandheld equipment.
* * * * *

PART 1065--ENGINE-TESTING PROCEDURES

0
22. The authority citation for part 1065 continues to read as follows:

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

Subpart B--[Amended]

0
23. Section 1065.140 is amended by revising paragraphs (d) introductory 
text and (d)(1) to read as follows:

Sec.  1065.140  Dilution for gaseous and PM constituents.

* * * * *
    (d) Partial-flow dilution (PFD). You may dilute a partial flow of 
raw or previously diluted exhaust before measuring emissions. Section 
1065.240 describes PFD-related flow measurement instruments. PFD may 
consist of constant or varying dilution ratios as described in 
paragraphs (d)(2) and (3) of this section. An example of a constant 
dilution ratio PFD is a ``secondary dilution PM'' measurement system.
    (1) Applicability. (i) You may use PFD to extract a proportional 
raw exhaust sample for any batch or continuous PM emission sampling 
over any transient duty cycle, any steady-state duty cycle, or any 
ramped-modal cycle.
    (ii) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous gaseous emission sampling over any 
transient duty cycle, any steady-state duty cycle, or any ramped-modal 
cycle.
    (iii) You may use PFD to extract a proportional raw exhaust sample 
for any batch or continuous field-testing.
    (iv) You may use PFD to extract a proportional diluted exhaust 
sample from a CVS for any batch or continuous emission sampling.
    (v) You may use PFD to extract a constant raw or diluted exhaust 
sample for any continuous emission sampling.
    (vi) You may use PFD to extract a constant raw or diluted exhaust 
sample for any steady-state emission sampling.
* * * * *

0
24. Section 1065.260 is amended by revising paragraph (e) to read as 
follows:

Sec.  1065.260  Flame-ionization detector.

* * * * *
    (e) Methane. FID analyzers measure total hydrocarbons (THC). To 
determine nonmethane hydrocarbons (NMHC), quantify methane, 
CH4, either with a nonmethane cutter and a FID analyzer as 
described in Sec.  1065.265, or with a gas chromatograph as described 
in Sec.  1065.267. Instead of measuring methane, you may assume that 2% 
of measured total hydrocarbon is methane, as described in Sec.  
1065.650(c)(1)(vi). For a FID analyzer used to determine NMHC, 
determine its response factor to methane, RFCH4, as 
described in Sec.  1065.360. Note that NMHC-related calculations are 
described in Sec.  1065.660.

0
25. Section 1065.290 is amended by revising paragraph (b) to read as 
follows:

Sec.  1065.290  PM gravimetric balance.

* * * * *
    (b) Component requirements. We recommend that you use a balance 
that meets the specifications in Table 1 of Sec.  1065.205. Note that 
your balance-based system must meet the linearity verification in Sec.  
1065.307. If the balance uses internal calibration weights for routine 
spanning and the weights do not meet the specifications in Sec.  
1065.790, the weights must be verified independently with external 
calibration weights meeting the requirements of Sec.  1065.790. While 
you may also use an inertial balance to measure PM, as described in 
Sec.  1065.295, use a reference procedure based on a gravimetric 
balance for comparison with any proposed alternate measurement 
procedure under Sec.  1065.10.
* * * * *

0
26. Section 1065.295 is amended by adding paragraphs (c) and (d) to 
read as follows:

Sec.  1065.295  PM inertial balance for field-testing analysis.

* * * * *
    (c) Loss correction. You may use PM loss corrections to account for 
PM loss in the inertial balance, including the sample handling system.
    (d) Deposition. You may use electrostatic deposition to collect PM 
as long as its collection efficiency is at least 95%.

0
27. Section 1065.307 is amended by adding paragraph (d)(9) to read as 
follows:

[[Page 68463]]

Sec.  1065.307  Linearity verification.

* * * * *
    (d) * * *
    (9) Mass. For linearity verification for gravimetric PM balances, 
use external calibration weights that that meet the requirements in 
Sec.  1065.790.
* * * * *

0
28. Section 1065.340 is amended by revising paragraph (e)(8) to read as 
follows:

Sec.  1065.340  Diluted exhaust flow (CVS) calibration.

* * * * *
    (e) * * *
    (8) Repeat the steps in paragraphs (e)(6) and (7) of this section 
to record data at a minimum of six restrictor positions ranging from 
the wide open restrictor position to the minimum expected pressure at 
the PDP inlet.
* * * * *

0
29. Section 1065.390 is amended by revising paragraph (c)(2) to read as 
follows:

Sec.  1065.390  PM balance verifications and weighing process 
verification.

* * * * *
    (c) * * *
    (2) You may use an automated procedure to verify balance 
performance. For example many balances have internal calibration 
weights that are used automatically to verify balance performance.
* * * * *

0
30. Section 1065.525 is amended by revising the section heading and 
paragraphs (c)(3) and (d) and removing paragraph (e) to read as 
follows:

Sec.  1065.525  Engine starting, restarting, and shutdown.

* * * * *
    (c) * * *
    (3) Void the entire test if the engine stalls at any time after 
emission sampling begins, except as described in Sec.  1065.526. If you 
do not void the entire test, you must void the individual test mode or 
test interval in which the engine stalls.
* * * * *
    (d) Shut down the engine according to the manufacturer's 
specifications.

0
31. A new Sec.  1065.526 is added to read as follows:

Sec.  1065.526  Repeating void modes or test intervals.

    (a) Test modes and test intervals can be voided because of 
instrument malfunctions, engine stalling, or emissions exceeding 
instrument ranges. This section specifies circumstances for which a 
test mode or test interval can be repeated without repeating the entire 
test.
    (b) This section is intended to result in replicate test modes and 
test intervals that are identical to what would have occurred if the 
cause of the voiding had not occurred. It does not allow you to repeat 
test modes or test intervals in any circumstances that would be 
inconsistent with good engineering judgment. For example, the 
procedures specified here for repeating a mode or interval may not 
apply for certain engines that include hybrid energy storage features 
or emission controls that involve physical or chemical storage of 
pollutants. This section applies for circumstances in which emission 
concentrations exceed the analyzer range only if it is due to operator 
error or analyzer malfunction. It does not apply for circumstances in 
which the emission concentrations exceed the range because they were 
higher than expected.
    (c) If one of the modes of a discrete-mode test is voided as 
provided in this section, you may void the results for that individual 
mode and continue the test as follows:
    (1) If the engine has stalled or been shut down, restart the 
engine.
    (2) Use good engineering judgment to restart the test sequence 
using the appropriate steps in Sec.  1065.530(b).
    (3) Precondition the engine by operating it at the previous mode 
for approximately the same amount of time it operated at that mode for 
the previous emission measurement.
    (4) Advance to the mode at which the test was interrupted and 
continue with the duty cycle as specified in the standard-setting part.
    (d) If a transient or ramped-modal cycle test interval is voided as 
provided in this section, you may repeat the test interval as follows:
    (1) Use good engineering judgment to restart (as applicable) and 
precondition the engine and emission sampling system to the same 
condition as would apply for normal testing. This may require you to 
complete the voided test interval. For example, you may generally 
repeat a hot-start test of a heavy-duty highway engine after completing 
the voided hot-start test and allowing the engine to soak for 20 
minutes.
    (2) Complete the remainder of the test according to the provisions 
in this subpart.
    (e) Keep records from the voided test mode or test interval in the 
same manner as required for unvoided tests, and include a description 
of the reason for voiding the test mode or test interval.
0
32. Section 1065.550 is amended by revising paragraphs (b)(1)(ii), 
(b)(2), and (b)(4) to read as follows:

Sec.  1065.550  Gas analyzer range validation, drift validation, and 
drift correction.

* * * * *
    (b) * * *
    (1) * * *
    (ii) For the entire duty cycle and for each measured exhaust 
constituent, the difference between the uncorrected and corrected 
composite brake-specific emission values over the entire duty cycle is 
within  4% of the uncorrected value or the applicable 
emission standard, whichever is greater. Note that for purposes of 
drift validation using composite brake-specific emission values over 
the entire duty cycle, leave unaltered any negative emission results 
over a given test interval (i.e., do not set them to zero). A third 
calculation of composite brake-specific emission values is required for 
final reporting. This calculation uses drift-corrected mass (or mass 
rate) values from each test interval and sets any negative mass (or 
mass rate) values to zero before calculating the composite brake-
specific emission values over the entire duty cycle. This requirement 
also applies for CO2, whether or not an emission standard 
applies for CO2. Where no emission standard applies for 
CO2, the difference must be within  4% of the 
uncorrected value. See paragraph (b)(4) of this section for exhaust 
constituents other than CO2 for which no emission standard 
applies.
    (2) For standards consisting of combined, individual measurements 
of exhaust constituents (such as NOX + NMHC or separate NO 
and NO2 measurements to comply with a NOX 
standard), the duty cycle shall be validated for drift if you satisfy 
one of the following:
    (i) For each test interval of the duty cycle and for each 
individually measured exhaust constituent (e.g. NO, NO2, 
NOX, or NMHC), the difference between the uncorrected and 
the corrected brake-specific emission values over the test interval is 
within  4% of the uncorrected value; or
    (ii) For each test interval of the duty cycle or for the entire 
duty cycle the difference between the combined (e.g. NOX + 
NMHC) uncorrected and combined (e.g. NOX + NMHC) corrected 
composite brake-specific emissions values over each test interval of 
the duty cycle or the entire duty cycle is within  4% of 
the uncorrected value or the applicable emissions standard, whichever 
is greater.
* * * * *

[[Page 68464]]

    (4) The provisions of this paragraph (b)(4) apply for measurement 
of pollutants other than CO2 for which no emission standard 
applies (for purposes of this provision, standards consisting of 
combined, individual measurements are considered to be standards for 
each individual pollutant). You may use measurements that do not meet 
the drift validation criteria specified in paragraph (b)(1). For 
example, this allowance may be appropriate for measuring and reporting 
very low concentrations of CH4 and N2O as long as 
no emission standard applies for these compounds.

0
33. Section 1065.640 is amended by revising paragraph (c)(5) to read as 
follows:

Sec.  1065.640  Flow meter calibration calculations.

* * * * *
    (c) * * *
    (5) The following example illustrates the use of the governing 
equations to calculate the discharge coefficient, Cd, of an 
SSV flow meter at one reference flow meter value. Note that calculating 
Cd for a CFV flow meter would be similar, except that 
Cf would be determined from Table 2 of this section or 
calculated iteratively using values of [beta] and [gamma] as described 
in paragraph (c)(2) of this section.

Example:
nref= 57.625 mol/s
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol[middot]K)
Tin = 298.15 K
    At = 0.01824 m\2\
    pin = 99132.0 Pa
    [gamma] = 1.399
    [beta] = 0.8
    [Delta]p = 2.312 kPa
    [GRAPHIC] [TIFF OMITTED] TR08NO10.028
    
    [GRAPHIC] [TIFF OMITTED] TR08NO10.029
    
Cf = 0.274
[GRAPHIC] [TIFF OMITTED] TR08NO10.030

Cd = 0.982
* * * * *

0
34. Section 1065.642 is amended by revising paragraph (c) to read as 
follows:

Sec.  1065.642  SSV, CFV, and PDP molar flow rate calculations.

* * * * *
    (c) CFV molar flow rate. Some CFV flow meters consist of a single 
venturi and some consist of multiple venturis, where different 
combinations of venturis are used to meter different flow rates. If you 
use multiple venturis and you calibrated each venturi independently to 
determine a separate discharge coefficient, Cd, for each 
venturi, calculate the individual molar flow rates through each venturi 
and sum all their flow rates to determine n. If you use multiple 
venturis and you calibrated each combination of venturis, calculate n 
as using the sum of the active venturi throat areas as At, 
the square root of the sum of the squares of the active venturi throat 
diameters as dt, and the ratio of the venturi throat to 
inlet diameters as the ratio of the square root of the sum of the 
active venturi throat diameters, dt, to the diameter of the 
common entrance to all of the venturis, D. To calculate the molar flow 
rate through one venturi or one combination of venturis, use its 
respective mean Cd and other constants you determined 
according to Sec.  1065.640 and calculate its molar flow rate n during 
an emission test, as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO10.031

Example:
Cd = 0.985
Cf = 0.7219
At = 0.00456 m\2\
pin = 98836 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol\.\K)
Tin = 378.15 K
[GRAPHIC] [TIFF OMITTED] TR08NO10.032

n = 33.690 mol/s

0
35. Section 1065.660 is amended by revising the section heading and 
paragraph (b)(2) to read as follows:

Sec.  1065.660  THC, NMHC, and CH4 determination.

* * * * *
    (b) * * *
    (2) For nonmethane cutters, calculate xNMHC using the 
nonmethane cutter's penetration fractions (PF) of CH4 and 
C2H6 from Sec.  1065.365, and using the HC 
contamination and dry-to-wet corrected THC concentration 
xTHC[THC-FID]cor as determined in paragraph (a) of this 
section.
    (i) Use the following equation for penetration fractions determined 
using an NMC configuration as outlined in Sec.  1065.365(d):

[[Page 68465]]

[GRAPHIC] [TIFF OMITTED] TR08NO10.033

Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination 
and dry-to-wet corrected, as measured by the THC FID during sampling 
while bypassing the NMC.
xTHC[NMC-FID]cor = concentration of THC, HC contamination 
(optional) and dry-to-wet corrected, as measured by the NMC FID 
during sampling through the NMC.
RFCH4[THC-FID] = response factor of THC FID to 
CH4, according to Sec.  1065.360(d).
RFPFC2H6[NMC-FID] = nonmethane cutter combined ethane 
response factor and penetration fraction, according to Sec.  
1065.365(d).

Example:
xTHC[THC-FID]cor = 150.3 [mu]mol/mol
xTHC[NMC-FID]cor = 20.5 [mu]mol/mol
RFPFC2H6[NMC-FID] = 0.019
RFCH4[THC-FID] = 1.05
[GRAPHIC] [TIFF OMITTED] TR08NO10.034

xNMHC = 131.4 [mu]mol/mol

    (ii) For penetration fractions determined using an NMC 
configuration as outlined in section Sec.  1065.365(e), use the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR08NO10.035

Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination 
and dry-to-wet corrected, as measured by the THC FID during sampling 
while bypassing the NMC.
PFCH4[NMC-FID] = nonmethane cutter CH4 
penetration fraction, according to Sec.  1065.365(e).
xTHC[NMC-FID]cor = concentration of THC, HC contamination 
(optional) and dry-to-wet corrected, as measured by the THC FID 
during sampling through the NMC.
PFC2H6[NMC-FID] = nonmethane cutter ethane penetration 
fraction, according to Sec.  1065.365(e).

Example:
xTHC[THC-FID]cor = 150.3 [mu]mol/mol
PFCH4[NMC-FID] = 0.990
xTHC[NMC-FID]cor = 20.5 [mu]mol/mol
PFC2H6[NMC-FID] = 0.020
[GRAPHIC] [TIFF OMITTED] TR08NO10.036

xNMHC = 132.3 [mu]mol/mol
    (iii) For penetration fractions determined using an NMC 
configuration as outlined in section Sec.  1065.365(f), use the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR08NO10.037

Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination 
and dry-to-wet corrected, as measured by the THC FID during sampling 
while bypassing the NMC.
PFCH4[NMC-FID] = nonmethane cutter CH4 
penetration fraction, according to Sec.  1065.365(f).
xTHC[NMC-FID]cor = concentration of THC, HC contamination 
(optional) and dry-to-wet corrected, as measured by the THC FID 
during sampling through the NMC.
RFPFC2H6[NMC-FID] = nonmethane cutter CH4 
combined ethane response factor and penetration fraction, according 
to Sec.  1065.365(f).
RFCH4[THC-FID] = response factor of THC FID to 
CH4, according to Sec.  1065.360(d).

Example:
xTHC[THC-FID]cor = 150.3 [micro]mol/mol
PFCH4[NMC-FID] = 0.990
xTHC[NMC-FID]cor = 20.5 [micro]mol/mol
RFPFC2H6[NMC-FID] = 0.019
RFCH4[THC-FID] = 0.980
[GRAPHIC] [TIFF OMITTED] TR08NO10.038

xNMHC = 132.5 [micro]mol/mol
* * * * *

0
36. Section 1065.750 is amended by revising paragraph (a)(3)(xi) to 
read as follows:

Sec.  1065.750  Analytical gases.

* * * * *
    (a) * * *
    (3) * * *
    (xi) N2O, balance purified synthetic air and/or 
N2 (as applicable).
* * * * *

0
37. Section 1065.905 is amended by revising paragraphs (c)(6), (d)(2), 
and Table 1 to read as follows:

Sec.  1065.905  General provisions.

* * * * *
    (c) * * *
    (6) What are the limits on ambient conditions for field testing? 
Note that the ambient condition limits in Sec.  1065.520 do not apply 
for field testing. Field testing may occur at any ambient temperature, 
pressure, and humidity unless otherwise specified in the standard-
setting part.
* * * * *
    (d) * * *
    (2) Use equipment specifications in Sec.  1065.101 and in the 
sections from Sec.  1065.140 to the end of subpart B of this part, with 
the exception of Sec.  1065.140(e)(1) and (4), Sec.  
1065.170(c)(1)(vi), and Sec.  1065.195(c). Section 1065.910 identifies 
additional equipment that is specific to field testing.
    (i) For PM samples, configure dilution systems as follows:

[[Page 68466]]

    (A) Use good engineering judgment to control diluent (i.e., 
dilution air) temperature. If you choose to directly and actively 
control diluent temperature, set the temperature to 25 [deg]C.
    (B) Control sample temperature to a (32 to 62) [deg]C tolerance, as 
measured anywhere within 20 cm upstream or downstream of the PM storage 
media (such as a filter or oscillating crystal), where the tolerance 
applies only during sampling.
    (C) Maintain filter face velocity to a (5 to 100) cm/s tolerance 
for flow-through media. Compliance with this provision can be verified 
by engineering analysis. This provision does not apply for non-flow-
through media.
    (ii) For inertial PM balances, there is no requirement to control 
the stabilization environment temperature or dewpoint.
* * * * *

         Table 1 of Sec.   1065.905--Summary of Testing Requirements Specified Outside of This Subpart J
----------------------------------------------------------------------------------------------------------------
                                                                     Applicability for
                                                                   laboratory or similar     Applicability for
              Subpart                  Applicability for field       testing with PEMS     laboratory or similar
                                             testing \1\            without restriction   testing with PEMS with
                                                                            \1\               restrictions \1\
----------------------------------------------------------------------------------------------------------------
A: Applicability and general         Use all....................  Use all...............  Use all.
 provisions.
B: Equipment for testing...........  Use Sec.   1065.101 and      Use all...............  Use all. Sec.
                                      Sec.   1065.140 through                              1065.910 specifies
                                      the end of subpart B,                                equipment specific to
                                      except Sec.                                          laboratory testing
                                      1065.140(e)(1) and (4),                              with PEMS.
                                      Sec.   1065.170(c)(1)(vi),
                                      and Sec.   1065.195(c).
                                      Sec.   1065.910 specifies
                                      equipment specific to
                                      field testing.
C: Measurement instruments.........  Use all. Sec.   1065.915     Use all except Sec.     Use all except Sec.
                                      allows deviations.           1065.295(c).            1065.295(c). Sec.
                                                                                           1065.915 allows
                                                                                           deviations.
D: Calibrations and verifications..  Use all except Sec.          Use all...............  Use all. Sec.
                                      1065.308 and Sec.                                    1065.920 allows
                                      1065.309. Sec.   1065.920                            deviations, but also
                                      allows deviations, but                               has additional
                                      also has additional                                  specifications.
                                      specifications.
E: Test engine selection,            Do not use. Use standard-    Use all...............  Use all.
 maintenance, and durability.         setting part.
F: Running an emission test in the   Use Sec.  Sec.   1065.590    Use all...............  Use all.
 laboratory.                          and 1065.595 for PM Sec.
                                      1065.930 and Sec.
                                      1065.935 to start and run
                                      a field test.
G: Calculations and data             Use all. Sec.   1065.940     Use all...............  Use all. Sec.
 requirements.                        has additional calculation                           1065.940 has
                                      instructions.                                        additional
                                                                                           calculation
                                                                                           instructions.
H: Fuels, engine fluids, analytical  Use all....................  Use all...............  Use all.
 gases, and other calibration
 materials.
I: Testing with oxygenated fuels...  Use all....................  Use all...............  Use all.
K: Definitions and reference         Use all....................  Use all...............  Use all.
 materials.
----------------------------------------------------------------------------------------------------------------
\1\ Refer to paragraphs (d) and (e) of this section for complete specifications.

0
38. Section 1065.915 is amended by revising paragraphs (a), (d)(5) 
introductory text, and (d)(5)(iv), and adding paragraph (d)(5)(v), to 
read as follows:

Sec.  1065.915  PEMS instruments.

    (a) Instrument specifications. We recommend that you use PEMS that 
meet the specifications of subpart C of this part. For unrestricted use 
of PEMS in a laboratory or similar environment, use a PEMS that meets 
the same specifications as each lab instrument it replaces. For field 
testing or for testing with PEMS in a laboratory or similar 
environment, under the provisions of Sec.  1065.905(b), the 
specifications in the following table apply instead of the 
specifications in Table 1 of Sec.  1065.205:

                                 Table 1 of Sec.   1065.915--Recommended Minimum PEMS Measurement Instrument Performance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Rise time, t10	90,
          Measurement            Measured quantity    and Fall time,     Recording update    Accuracy \1\      Repeatability           Noise \1\
                                      symbol              t90	10            frequency                               \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer.......  fn................  1 s...............  1 Hz means.......  5.0% of pt. or    2.0% of pt. or    0.5% of max.
                                                                                            1.0% of max.      1.0% of max.
Engine torque estimator, BSFC   T or BSFC.........  1 s...............  1 Hz means.......  8.0% of pt. or    2.0% of pt. or    1.0% of max.
 (This is a signal from an                                                                  5% of max.        1.0% of max.
 engine's ECM).
General pressure transducer     p.................  5 s...............  1 Hz.............  5.0% of pt. or    2.0% of pt. or    1.0% of max.
 (not a part of another                                                                     5.0% of max.      0.5% of max.
 instrument).
Atmospheric pressure meter....  patmos............  50 s..............  0.1 Hz...........  250 Pa..........  200 Pa..........  100 Pa.

[[Page 68467]]

 
General temperature sensor      T.................  5 s...............  1 Hz.............  1.0% of pt. K or  0.5% of pt. K or  0.5% of max 0.5 K.
 (not a part of another                                                                     5 K.              2 K.
 instrument).
General dewpoint sensor.......  Tdew..............  50 s..............  0.1 Hz...........  3 K.............  1 K.............  1 K.
Exhaust flow meter............  n.................  1 s...............  1 Hz means.......  5.0% of pt. or    2.0% of pt......  2.0% of max.
                                                                                            3.0% of max.
Dilution air, inlet air,        n.................  1 s...............  1 Hz means.......  2.5% of pt. or    1.25% of pt. or   1.0% of max.
 exhaust, and sample flow                                                                   1.5% of max.      0.75% of max.
 meters.
Continuous gas analyzer.......  x.................  5 s...............  1 Hz.............  4.0% of pt. or    2.0% of pt. or    1.0% of max.
                                                                                            4.0% of meas.     2.0% of meas.
Gravimetric PM balance........  mPM...............  N/A...............  N/A..............  See Sec.          0.5 [mu]g.......  N/A.
                                                                                            1065.790.
Inertial PM balance...........  mPM...............  N/A...............  N/A..............  4.0% of pt. or    2.0% of pt. or    1.0% of max.
                                                                                            4.0% of meas.     2.0% of meas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are all determined with the same collected data, as described in Sec.   1065.305, and based on absolute values.
  ``pt.'' refers to the overall flow-weighted mean value expected at the standard; ``max.'' refers to the peak value expected at the standard over any
  test interval, not the maximum of the instrument's range; ``meas'' refers to the actual flow-weighted mean measured over any test interval.

* * * * *
    (d) * * *
    (5) ECM signals for determining brake-specific emissions. You may 
use any combination of ECM signals, with or without other measurements, 
to estimate engine speed, torque, brake-specific fuel consumption 
(BSFC, in units of mass of fuel per kW-hr), and fuel rate for use in 
brake-specific emission calculations. We recommend that the overall 
performance of any speed, torque, or BSFC estimator should meet the 
performance specifications in Table 1 of this section. We recommend 
using one of the following methods:
* * * * *
    (iv) ECM fuel rate. Use the fuel rate signal directly from the ECM 
and chemical balance to determine the molar flow rate of exhaust. Use 
Sec.  1065.655(d) to determine the carbon mass fraction of fuel. You 
may alternatively develop and use your own combination of ECM signals 
to determine fuel mass flow rate.
    (v) Other ECM signals. You may ask to use other ECM signals for 
determining brake-specific emissions, such as ECM air flow. We must 
approve the use of such signals in advance.
* * * * *

0
39. Section 1065.920 is amended by revising the section heading and 
paragraph (a) to read as follows:

Sec.  1065.920  PEMS calibrations and verifications.

    (a) Subsystem calibrations and verifications. Use all the 
applicable calibrations and verifications in subpart D of this part, 
including the linearity verifications in Sec.  1065.307, to calibrate 
and verify PEMS. Note that a PEMS does not have to meet the system-
response and updating-recording verifications of Sec.  1065.308 and 
Sec.  1065.309 if it meets the overall verification described in 
paragraph (b) of this section. This section does not apply to ECM 
signals.
* * * * *

0
40. Section 1065.925 is amended by revising paragraph (h) introductory 
text to read as follows:

Sec.  1065.925  PEMS preparation for field testing.

* * * * *
    (h) Verify the amount of contamination in the PEMS HC sampling 
system before the start of the field test as follows:
* * * * *

0
41. Section 1065.940 is revised to read as follows:

Sec.  1065.940  Emission calculations.

    (a) Perform emission calculations as described in Sec.  1065.650 to 
calculate brake-specific emissions for each test interval using any 
applicable information and instructions in the standard-setting part.
    (b) You may use a fixed molar mass for the diluted exhaust mixture 
for field testing. Determine this fixed value by engineering analysis.

[FR Doc. 2010-27892 Filed 11-5-10; 8:45 am]
BILLING CODE 6560-50-P
```