CODE OF FEDERAL REGULATIONS40 Protection of Environment PART 86 Revised as of July 1, 1999

CONTAINING

A CODIFICATION OF DOCUMENTS

OF GENERAL APPLICABILITY

AND FUTURE EFFECT

AS OF JULY 1, 1999 With Ancillaries

Published by

the Office of the Federal Register

National Archives and Records

Administration

as a Special Edition of

the Federal Register

U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1999

For sale by U.S. Government Printing Office

Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328

 Table of Contents Page Explanation v Title 40: Chapter I—Environmental Protection Agency 3 Finding Aids: Material Approved for Incorporation by Reference 1189 Table of CFR Titles and Chapters 1191 Alphabetical List of Agencies Appearing in the CFR 1209 List of CFR Sections Affected 1219

Cite this Code:CFR

To cite the regulations in this volume use title, part and section number. Thus, 40 CFR 86.1 refers to title 40, part 86, section 1. Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.

Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:

Title 1 through Title 16

as of January 1

Title 17 through Title 27

as of April 1

Title 28 through Title 41

as of July 1

Title 42 through Title 50

as of October 1

The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510).

 HOW TO USE THE CODE OF FEDERAL REGULATIONS

The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule.

To determine whether a Code volume has been amended since its revision date (in this case, July 1, 1999), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.

 EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.

 OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.

 OBSOLETE PROVISIONS

Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes. For the period beginning January 1, 1986, a “List of CFR Sections Affected” is published at the end of each CFR volume.

 INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law.

What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are:

(a) The incorporation will substantially reduce the volume of material published in the Federal Register.

(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.

(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume.

What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call (202) 523-4534.

 CFR INDEXES AND TABULAR GUIDES

A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

An index to the text of “Title 3—The President” is carried within that volume.

The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

There are no restrictions on the republication of material appearing in the Code of Federal Regulations.

 INQUIRIES

For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages.

For inquiries concerning CFR reference assistance, call 202-523-5227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408.

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 ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, The United States Government Manual, the Federal Register, Public Laws, Weekly Compilation of Presidential Documents and the Privacy Act Compilation are available in electronic format at www.access.gpo.gov/nara (“GPO Access”). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.

The Office of the Federal Register also offers a free service on the National Archives and Records Administration's (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA site also contains links to GPO Access.

 Raymond A. Mosley, Director, Office of the Federal Register. July 1, 1999. THIS TITLE

Title 40—Protection of Environment is composed of twenty-four volumes. The parts in these volumes are arranged in the following order: parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 (63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and part 790 to End. The contents of these volumes represent all current regulations codified under this title of the CFR as of July 1, 1999.

Chapter I—Environmental Protection Agency appears in all twenty-four volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts 150-189. A Toxic Substances Chemical—CAS Number Index appears in parts 700-789 and part 790 to End. Redesignation Tables appear in the volumes containing parts 50-51, parts 150-189, and parts 700-789. Regulations issued by the Council on Environmental Quality appear in the volume containing part 790 to End. The OMB control numbers for title 40 appear in § 9.1 of this chapter.

For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.

CFRORDR.FRM 40 CFR Ch. I (7-1-99 Edition) Environmental Protection Agency <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 40—Protection of Environment</HD> <P>(This book contains part 86)</P> </TITLEHD> <CFRTOC> <PTHD>Part</PTHD> <CHAPTI> <SUBJECT> <E T="04">chapter i</E>—Environmental Protection Agency (Continued)</SUBJECT> <PG>86</PG> </CHAPTI> </CFRTOC> <LRH>40 CFR Ch. I (7-1-99 Edition)</LRH> <RRH>Environmental Protection Agency</RRH> </CFRTITLE> <CHAPTER> <TOC> <TOCHD> <PRTPAGE P="3"/> <HD SOURCE="HED">CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</HD> </TOCHD> <SUBCHPHD>SUBCHAPTER C—AIR PROGRAMS (Continued)</SUBCHPHD> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>86</PT> <SUBJECT>Control of emissions from new and in-use highway vehicles and engines</SUBJECT> <PG>5</PG> </CHAPTI> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>Subchapter C—Air programs is contained in volumes 40 CFR parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), parts 53-59, part 60, parts 61-62, part 63 (63.1-63.1199), part 63 (63.1200-End), parts 64-71, parts 72-80, parts 81-85, part 86, and parts 87-135. </P> </EDNOTE> </TOC> <LRH>40 CFR Ch. I (7-1-99 Edition)</LRH> <RRH>Environmental Protection Agency</RRH> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER C—AIR PROGRAMS—(Continued)</HD> <PART> <EAR>Pt. 86</EAR> <HD SOURCE="HED">PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>86.1</SECTNO> <SUBJECT>Reference materials.</SUBJECT> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions for Emission Regulations for 1977 and Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-Duty Vehicles</HD> <SECTNO>86.000-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.000-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.000-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <SECTNO>86.000-8</SECTNO> <SUBJECT>Emission standards for 2000 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.000-9</SECTNO> <SUBJECT>Emission standards for 2000 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.000-16</SECTNO> <SUBJECT>Prohibition of defeat devices.</SUBJECT> <SECTNO>86.000-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.000-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.000-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.000-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.000-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.000-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.001-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.001-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.001-9</SECTNO> <SUBJECT>Emission standards for 2001 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.001-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.001-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <SECTNO>86.001-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.001-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.001-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.001-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.001-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.001-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.001-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.004-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.004-9</SECTNO> <SUBJECT>Emission standards for 2004 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.004-11</SECTNO> <SUBJECT>Emission standards for 2004 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.004-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <SECTNO>86.004-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.004-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.004-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.004-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.004-38</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <SECTNO>86.004-40</SECTNO> <SUBJECT>Heavy-duty engine rebuilding practices.</SUBJECT> <SECTNO>86.078-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.078-6</SECTNO> <SUBJECT>Hearings on certification.</SUBJECT> <SECTNO>86.079-31</SECTNO> <SUBJECT>Separate certification.</SUBJECT> <SECTNO>86.079-32</SECTNO> <SUBJECT>Addition of a vehicle or engine after certification.</SUBJECT> <SECTNO>86.079-33</SECTNO> <SUBJECT>Changes to a vehicle or engine covered by certification.</SUBJECT> <SECTNO>86.079-36</SECTNO> <SUBJECT>Submission of vehicle identification numbers.</SUBJECT> <SECTNO>86.079-39</SECTNO> <SUBJECT>Submission of maintenance instructions.</SUBJECT> <SECTNO>86.080-12</SECTNO> <SUBJECT>Alternative certification procedures.</SUBJECT> <SECTNO>86.082-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.082-34</SECTNO> <SUBJECT>Alternative procedure for notification of additions and changes.</SUBJECT> <SECTNO>86.084-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.084-4</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.084-40</SECTNO> <SUBJECT>Automatic expiration of reporting and recordkeeping requirements.</SUBJECT> <SECTNO>86.085-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.085-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.085-13</SECTNO> <SUBJECT>Alternative Durability Program.</SUBJECT> <SECTNO>86.085-20</SECTNO> <SUBJECT>Incomplete vehicles, classification.</SUBJECT> <SECTNO>86.085-37</SECTNO> <SUBJECT>Production vehicles and engines.</SUBJECT> <SECTNO>86.087-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.087-38</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <SECTNO>86.088-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.088-10</SECTNO> <SUBJECT>Emission standards for 1988 and 1989 model year gasoline-fueled heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.090-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.090-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.090-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.090-5</SECTNO> <SUBJECT>General standards; increase in emissions; unsafe conditions.</SUBJECT> <SECTNO>86.090-8</SECTNO> <SUBJECT>Emission standards for 1990 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.090-9</SECTNO> <SUBJECT>Emission standards for 1990 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.090-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.090-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.090-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <SECTNO>86.090-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.090-25</SECTNO> <SUBJECT>Maintenance.<PRTPAGE P="6"/> </SUBJECT> <SECTNO>86.090-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission requirements.</SUBJECT> <SECTNO>86.090-27</SECTNO> <SUBJECT>Special test procedures.</SUBJECT> <SECTNO>86.091-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.091-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <SECTNO>86.091-9</SECTNO> <SUBJECT>Emission standards for 1991 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.091-10</SECTNO> <SUBJECT>Emission standards for 1991 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.091-11</SECTNO> <SUBJECT>Emission standards for 1991 and later model year diesel heavy-duty engines.</SUBJECT> <SECTNO>86.091-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <SECTNO>86.091-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.091-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.091-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.091-29</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <SECTNO>86.091-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.091-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.092-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.092-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.092-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.092-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <SECTNO>86.092-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.092-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.092-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.092-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.093-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.093-11</SECTNO> <SUBJECT>Emission standards for 1993 and later model year diesel heavy-duty engines.</SUBJECT> <SECTNO>86.093-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.094-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.094-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.094-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.094-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <SECTNO>86.094-8</SECTNO> <SUBJECT>Emission standards for 1994 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.094-9</SECTNO> <SUBJECT>Emission standards for 1994 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.094-11</SECTNO> <SUBJECT>Emission standards for 1994 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.094-13</SECTNO> <SUBJECT>Light-duty exhaust durability programs.</SUBJECT> <SECTNO>86.094-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.094-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <SECTNO>86.094-16</SECTNO> <SUBJECT>Prohibition of defeat devices.</SUBJECT> <SECTNO>86.094-17</SECTNO> <SUBJECT>Emission control diagnostic system for 1994 and later light-duty vehicles and light-duty trucks.</SUBJECT> <SECTNO>86.094-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.094-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <SECTNO>86.094-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.094-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.094-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.094-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission requirements.</SUBJECT> <SECTNO>86.094-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.094-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.094-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.094-38</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <SECTNO>86.095-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.095-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.095-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.095-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.095-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.095-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.096-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.096-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.096-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <SECTNO>86.096-8</SECTNO> <SUBJECT>Emission standards for 1996 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.096-9</SECTNO> <SUBJECT>Emission standards for 1996 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.096-10</SECTNO> <SUBJECT>Emission standards for 1996 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.096-11</SECTNO> <SUBJECT>Emission standards for 1996 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.096-14</SECTNO> <SUBJECT>Small-volume manufacturer certification procedures.</SUBJECT> <SECTNO>86.096-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.096-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.096-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.096-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.096-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.096-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.097-9</SECTNO> <SUBJECT>Emission standards for 1997 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.098-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.098-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.098-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <SECTNO>86.098-8</SECTNO> <SUBJECT>Emission standards for 1998 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.098-10</SECTNO> <SUBJECT>Emission standards for 1998 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.098-11</SECTNO> <SUBJECT>Emission standards for 1998 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.098-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.098-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <SECTNO>86.098-17</SECTNO> <SUBJECT>Emission control diagnostic system for 1998 and later light-duty vehicles and light-duty trucks.<PRTPAGE P="7"/> </SUBJECT> <SECTNO>86.098-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.098-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <SECTNO>86.098-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.098-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.098-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.098-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.098-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.098-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.098-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.099-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.099-8</SECTNO> <SUBJECT>Emission standards for 1999 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.099-9</SECTNO> <SUBJECT>Emission standards for 1999 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.099-10</SECTNO> <SUBJECT>Emission standards for 1999 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.099-11</SECTNO> <SUBJECT>Emission standards for 1999 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <SECTNO>86.099-17</SECTNO> <SUBJECT>Emission control diagnostic system for 1999 and later light-duty vehicles and light-duty trucks.</SUBJECT> <SECTNO>86.099-30</SECTNO> <SUBJECT>Certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Emission Regulations for 1977 and Later Model Year New Light-Duty Vehicles and New Light-Duty Trucks; Test Procedures</HD> <SECTNO>86.101</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.102</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.103</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.104</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.105</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.106-00</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.106-90</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.106-94</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.106-96</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.107-90</SECTNO> <SUBJECT>Sampling and analytical system; evaporative emissions.</SUBJECT> <SECTNO>86.107-96</SECTNO> <SUBJECT>Sampling and analytical systems; evaporative emissions.</SUBJECT> <SECTNO>86.107-98</SECTNO> <SUBJECT>Sampling and analytical system.</SUBJECT> <SECTNO>86.108-00</SECTNO> <SUBJECT>Dynamometer.</SUBJECT> <SECTNO>86.108-79</SECTNO> <SUBJECT>Dynamometer.</SUBJECT> <SECTNO>86.109-90</SECTNO> <SUBJECT>Exhaust gas sampling system; Otto-cycle vehicles.</SUBJECT> <SECTNO>86.109-94</SECTNO> <SUBJECT>Exhaust gas sampling system; Otto-cycle vehicles not requiring particulate emission measurements.</SUBJECT> <SECTNO>86.110-90</SECTNO> <SUBJECT>Exhaust gas sampling system; diesel vehicles.</SUBJECT> <SECTNO>86.110-94</SECTNO> <SUBJECT>Exhaust gas sampling system; diesel-cycle vehicles, and Otto-cycle vehicles requiring particulate emissions measurements.</SUBJECT> <SECTNO>86.111-90</SECTNO> <SUBJECT>Exhaust gas analytical system.</SUBJECT> <SECTNO>86.111-94</SECTNO> <SUBJECT>Exhaust gas analytical system.</SUBJECT> <SECTNO>86.112-91</SECTNO> <SUBJECT>Weighing chamber (or room) and microgram balance specifications.</SUBJECT> <SECTNO>86.113-91</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.113-94</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.114-79</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.114-94</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.115-00</SECTNO> <SUBJECT>EPA urban dynamometer driving schedules.</SUBJECT> <SECTNO>86.115-78</SECTNO> <SUBJECT>EPA urban dynamometer driving schedule.</SUBJECT> <SECTNO>86.116-90</SECTNO> <SUBJECT>Calibrations, frequency and overview.</SUBJECT> <SECTNO>86.116-94</SECTNO> <SUBJECT>Calibrations, frequency and overview.</SUBJECT> <SECTNO>86.117-90</SECTNO> <SUBJECT>Evaporative emission enclosure calibrations.</SUBJECT> <SECTNO>86.117-96</SECTNO> <SUBJECT>Evaporative emission enclosure calibrations.</SUBJECT> <SECTNO>86.118-00</SECTNO> <SUBJECT>Dynamometer calibrations.</SUBJECT> <SECTNO>86.118-78</SECTNO> <SUBJECT>Dynamometer calibration.</SUBJECT> <SECTNO>86.119-90</SECTNO> <SUBJECT>CVS calibration.</SUBJECT> <SECTNO>86.120-82</SECTNO> <SUBJECT>Gas meter or flow instrumentation calibration; particulate measurement.</SUBJECT> <SECTNO>86.120-94</SECTNO> <SUBJECT>Gas meter or flow instrumentation calibration; particulate, methanol and formaldehyde measurement.</SUBJECT> <SECTNO>86.121-82</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.121-90</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.122-78</SECTNO> <SUBJECT>Carbon monoxide analyzer calibration.</SUBJECT> <SECTNO>86.123-78</SECTNO> <SUBJECT>Oxides of nitrogen analyzer calibration.</SUBJECT> <SECTNO>86.124-78</SECTNO> <SUBJECT>Carbon dioxide analyzer calibration.</SUBJECT> <SECTNO>86.125-94</SECTNO> <SUBJECT>Methane analyzer calibration.</SUBJECT> <SECTNO>86.126-90</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.127-00</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.127-90</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.127-94</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.127-96</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.128-00</SECTNO> <SUBJECT>Transmissions.</SUBJECT> <SECTNO>86.128-79</SECTNO> <SUBJECT>Transmissions.</SUBJECT> <SECTNO>86.129-00</SECTNO> <SUBJECT>Road load power, test weight, and inertia weight class determination.</SUBJECT> <SECTNO>86.129-80</SECTNO> <SUBJECT>Road load power, test weight, and inertia weight class determination.</SUBJECT> <SECTNO>86.129-94</SECTNO> <SUBJECT>Road load power, test weight, inertia weight class determination, and fuel temperature profile.</SUBJECT> <SECTNO>86.130-00</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.130-78</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.130-96</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.131-00</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.131-90</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.131-96</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.132-00</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.132-90</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.132-96</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.133-90</SECTNO> <SUBJECT>Diurnal breathing loss test.</SUBJECT> <SECTNO>86.133-96</SECTNO> <SUBJECT>Diurnal emission test.</SUBJECT> <SECTNO>86.134-96</SECTNO> <SUBJECT>Running loss test.</SUBJECT> <SECTNO>86.135-00</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.135-90</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.135-94</SECTNO> <SUBJECT>Dynamometer procedure.<PRTPAGE P="8"/> </SUBJECT> <SECTNO>86.136-90</SECTNO> <SUBJECT>Engine starting and restarting.</SUBJECT> <SECTNO>86.137-90</SECTNO> <SUBJECT>Dynamometer test run, gaseous and particulate emissions.</SUBJECT> <SECTNO>86.137-94</SECTNO> <SUBJECT>Dynamometer test run, gaseous and particulate emissions.</SUBJECT> <SECTNO>86.137-96</SECTNO> <SUBJECT>Dynamometer test run, gaseous and particulate emissions.</SUBJECT> <SECTNO>86.138-90</SECTNO> <SUBJECT>Hot-soak test.</SUBJECT> <SECTNO>86.138-96</SECTNO> <SUBJECT>Hot soak test.</SUBJECT> <SECTNO>86.139-90</SECTNO> <SUBJECT>Particulate filter handling and weighing.</SUBJECT> <SECTNO>86.140-82</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.140-90</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.140-94</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.142-90</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>86.143-90</SECTNO> <SUBJECT>Calculations; evaporative emissions.</SUBJECT> <SECTNO>86.143-96</SECTNO> <SUBJECT>Calculations; evaporative emissions.</SUBJECT> <SECTNO>86.144-90</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.144-94</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.145-82</SECTNO> <SUBJECT>Calculations; particulate emissions.</SUBJECT> <SECTNO>86.146-96</SECTNO> <SUBJECT>Fuel dispensing spitback procedure.</SUBJECT> <SECTNO>86.150-98</SECTNO> <SUBJECT>Refueling test procedure; overview.</SUBJECT> <SECTNO>86.151-98</SECTNO> <SUBJECT>General requirements; refueling test.</SUBJECT> <SECTNO>86.152-98</SECTNO> <SUBJECT>Vehicle preparation; refueling test.</SUBJECT> <SECTNO>86.153-98</SECTNO> <SUBJECT>Vehicle and canister preconditioning; refueling test.</SUBJECT> <SECTNO>86.154-98</SECTNO> <SUBJECT>Measurement procedure; refueling test.</SUBJECT> <SECTNO>86.155-98</SECTNO> <SUBJECT>Records required; refueling test.</SUBJECT> <SECTNO>86.156-98</SECTNO> <SUBJECT>Calculations; refueling test.</SUBJECT> <SECTNO>86.157-98</SECTNO> <SUBJECT>Refueling test procedures for liquefied petroleum gas-fueled vehicles.</SUBJECT> <SECTNO>86.158-00</SECTNO> <SUBJECT>Supplemental Federal Test Procedures; overview.</SUBJECT> <SECTNO>86.159-00</SECTNO> <SUBJECT>Exhaust emission test procedures for US06 emissions.</SUBJECT> <SECTNO>86.160-00</SECTNO> <SUBJECT>Exhaust emission test procedure for SC03 emissions.</SUBJECT> <SECTNO>86.161-00</SECTNO> <SUBJECT>Air conditioning environmental test facility ambient requirements.</SUBJECT> <SECTNO>86.162-00</SECTNO> <SUBJECT>Approval of alternative air conditioning test simulations and descriptions of AC1 and AC2.</SUBJECT> <SECTNO>86.162-03</SECTNO> <SUBJECT>Approval of alternative air conditioning test simulations.</SUBJECT> <SECTNO>86.163-00</SECTNO> <SUBJECT>Spot check correlation procedures for vehicles tested using a simulation of the environmental test cell for air conditioning emission testing.</SUBJECT> <SECTNO>86.164-00</SECTNO> <SUBJECT>Supplemental Federal Test Procedure calculations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Emission Regulations for 1994 and Later Model Year Gasoline-Fueled New Light-Duty Vehicles and New Light-Duty Trucks; Cold Temperature Test Procedures</HD> <SECTNO>86.201-94</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.202-94</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.203-94</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.204-94</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.205-94</SECTNO> <SUBJECT>Introduction; structure of this subpart.</SUBJECT> <SECTNO>86.206-94</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.207-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.208-94</SECTNO> <SUBJECT>Dynamometer.</SUBJECT> <SECTNO>86.209-94</SECTNO> <SUBJECT>Exhaust gas sampling system; gasoline-fueled vehicles.</SUBJECT> <SECTNO>86.210-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.211-94</SECTNO> <SUBJECT>Exhaust gas analytical system.</SUBJECT> <SECTNO>86.212-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.213-94</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.214-94</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.215-94</SECTNO> <SUBJECT>EPA urban dynamometer driving schedule.</SUBJECT> <SECTNO>86.216-94</SECTNO> <SUBJECT>Calibrations, frequency and overview.</SUBJECT> <SECTNO>86.217-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.218-94</SECTNO> <SUBJECT>Dynamometer calibration.</SUBJECT> <SECTNO>86.219-94</SECTNO> <SUBJECT>CVS calibration.</SUBJECT> <SECTNO>86.220-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.221-94</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.222-94</SECTNO> <SUBJECT>Carbon monoxide analyzer calibration.</SUBJECT> <SECTNO>86.223-94</SECTNO> <SUBJECT>Oxides of nitrogen analyzer calibration.</SUBJECT> <SECTNO>86.224-94</SECTNO> <SUBJECT>Carbon dioxide analyzer calibration.</SUBJECT> <SECTNO>86.225-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.226-94</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.227-94</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.228-94</SECTNO> <SUBJECT>Transmissions.</SUBJECT> <SECTNO>86.229-94</SECTNO> <SUBJECT>Road load force, test weight, and inertia weight class determination.</SUBJECT> <SECTNO>86.230-94</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.231-94</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.232-94</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.233-94—86.234-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.235-94</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.236-94</SECTNO> <SUBJECT>Engine starting and restarting.</SUBJECT> <SECTNO>86.237-94</SECTNO> <SUBJECT>Dynamometer test run, gaseous emissions.</SUBJECT> <SECTNO>86.238-94—86.239-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.240-94</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.241-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.242-94</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>86.243-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.244-94</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.245-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.246-94</SECTNO> <SUBJECT>Intermediate temperature testing.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Emission Regulations for New Gasoline-Fueled and Diesel-Fueled Heavy-Duty Engines; Gaseous Exhaust Test Procedures</HD> <SECTNO>86.301-79</SECTNO> <SUBJECT>Scope; applicability.</SUBJECT> <SECTNO>86.302-79</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.303-79</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.304-79</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.305-79</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.306-79</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.307-82</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.308-79</SECTNO> <SUBJECT>Gas specifications.<PRTPAGE P="9"/> </SUBJECT> <SECTNO>86.309-79</SECTNO> <SUBJECT>Sampling and analytical system; schematic drawing.</SUBJECT> <SECTNO>86.310-79</SECTNO> <SUBJECT>Sampling and analytical system; component specifications.</SUBJECT> <SECTNO>86.311-79</SECTNO> <SUBJECT>Miscellaneous equipment; specifications.</SUBJECT> <SECTNO>86.312-79</SECTNO> <SUBJECT>Dynamometer and engine equipment specifications.</SUBJECT> <SECTNO>86.313-79</SECTNO> <SUBJECT>Air flow measurement specifications; diesel engines.</SUBJECT> <SECTNO>86.314-79</SECTNO> <SUBJECT>Fuel flow measurement specifications.</SUBJECT> <SECTNO>86.315-79</SECTNO> <SUBJECT>General analyzer specifications.</SUBJECT> <SECTNO>86.316-79</SECTNO> <SUBJECT>Carbon monoxide and carbon dioxide analyzer specifications.</SUBJECT> <SECTNO>86.317-79</SECTNO> <SUBJECT>Hydrocarbon analyzer specifications.</SUBJECT> <SECTNO>86.318-79</SECTNO> <SUBJECT>Oxides of nitrogen analyzer specifications.</SUBJECT> <SECTNO>86.319-79</SECTNO> <SUBJECT>Analyzer checks and calibrations; frequency and overview.</SUBJECT> <SECTNO>86.320-79</SECTNO> <SUBJECT>Analyzer bench check.</SUBJECT> <SECTNO>86.321-79</SECTNO> <SUBJECT>NDIR water rejection ratio check.</SUBJECT> <SECTNO>86.322-79</SECTNO> <SUBJECT>NDIR CO<E T="22">2</E> rejection ratio check.</SUBJECT> <SECTNO>86.327-79</SECTNO> <SUBJECT>Quench check; NO<E T="22">X</E> analyzer.</SUBJECT> <SECTNO>86.328-79</SECTNO> <SUBJECT>Leak checks.</SUBJECT> <SECTNO>86.329-79</SECTNO> <SUBJECT>System response time; check procedure.</SUBJECT> <SECTNO>86.330-79</SECTNO> <SUBJECT>NDIR analyzer calibration.</SUBJECT> <SECTNO>86.331-79</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.332-79</SECTNO> <SUBJECT>Oxides of nitrogen analyzer calibration.</SUBJECT> <SECTNO>86.333-79</SECTNO> <SUBJECT>Dynamometer calibration.</SUBJECT> <SECTNO>86.334-79</SECTNO> <SUBJECT>Test procedure overview.</SUBJECT> <SECTNO>86.335-79</SECTNO> <SUBJECT>Gasoline-fueled engine test cycle.</SUBJECT> <SECTNO>86.336-79</SECTNO> <SUBJECT>Diesel engine test cycle.</SUBJECT> <SECTNO>86.337-79</SECTNO> <SUBJECT>Information.</SUBJECT> <SECTNO>86.338-79</SECTNO> <SUBJECT>Exhaust measurement accuracy.</SUBJECT> <SECTNO>86.339-79</SECTNO> <SUBJECT>Pre-test procedures.</SUBJECT> <SECTNO>86.340-79</SECTNO> <SUBJECT>Gasoline-fueled engine dynamometer test run.</SUBJECT> <SECTNO>86.341-79</SECTNO> <SUBJECT>Diesel engine dynamometer test run.</SUBJECT> <SECTNO>86.342-79</SECTNO> <SUBJECT>Post-test procedures.</SUBJECT> <SECTNO>86.343-79</SECTNO> <SUBJECT>Chart reading.</SUBJECT> <SECTNO>86.344-79</SECTNO> <SUBJECT>Humidity calculations.</SUBJECT> <SECTNO>86.345-79</SECTNO> <SUBJECT>Emission calculations.</SUBJECT> <SECTNO>86.346-79</SECTNO> <SUBJECT>Alternative NO<E T="22">X</E> measurement technique.</SUBJECT> <SECTNO>86.347-79</SECTNO> <SUBJECT>Alternative calculations for diesel engines.</SUBJECT> <SECTNO>86.348-79</SECTNO> <SUBJECT>Alternative to fuel H/C analysis.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Emission Regulations for 1978 and Later New Motorcycles, General Provisions</HD> <SECTNO>86.401-90</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.401-97</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.402-78</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.402-98</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.403-78</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.404-78</SECTNO> <SUBJECT>Section numbering.</SUBJECT> <SECTNO>86.405-78</SECTNO> <SUBJECT>Measurement system.</SUBJECT> <SECTNO>86.406-78</SECTNO> <SUBJECT>Introduction, structure of subpart, further information.</SUBJECT> <SECTNO>86.407-78</SECTNO> <SUBJECT>Certificate of conformity required.</SUBJECT> <SECTNO>86.408-78</SECTNO> <SUBJECT>General standards; increase in emissions; unsafe conditions.</SUBJECT> <SECTNO>86.409-78</SECTNO> <SUBJECT>Defeat devices, prohibition.</SUBJECT> <SECTNO>86.410-80</SECTNO> <SUBJECT>Emission standards for 1980 and later model year motorcycles.</SUBJECT> <SECTNO>86.410-90</SECTNO> <SUBJECT>Emission standards for 1990 and later model year motorcycles.</SUBJECT> <SECTNO>86.411-78</SECTNO> <SUBJECT>Maintenance instructions, vehicle purchaser.</SUBJECT> <SECTNO>86.412-78</SECTNO> <SUBJECT>Maintenance instructions, submission to Administrator.</SUBJECT> <SECTNO>86.413-78</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.414-78</SECTNO> <SUBJECT>Submission of vehicle identification number.</SUBJECT> <SECTNO>86.415-78</SECTNO> <SUBJECT>Production vehicles.</SUBJECT> <SECTNO>86.416-80</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.417-78</SECTNO> <SUBJECT>Approval of application for certification.</SUBJECT> <SECTNO>86.418-78</SECTNO> <SUBJECT>Test fleet selection.</SUBJECT> <SECTNO>86.419-78</SECTNO> <SUBJECT>Engine displacement, motorcycle classes.</SUBJECT> <SECTNO>86.420-78</SECTNO> <SUBJECT>Engine families.</SUBJECT> <SECTNO>86.421-78</SECTNO> <SUBJECT>Test fleet.</SUBJECT> <SECTNO>86.422-78</SECTNO> <SUBJECT>Administrator's fleet.</SUBJECT> <SECTNO>86.423-78</SECTNO> <SUBJECT>Test vehicles.</SUBJECT> <SECTNO>86.425-78</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.426-78</SECTNO> <SUBJECT>Service accumulation.</SUBJECT> <SECTNO>86.427-78</SECTNO> <SUBJECT>Emission tests.</SUBJECT> <SECTNO>86.428-80</SECTNO> <SUBJECT>Maintenance, scheduled; test vehicles.</SUBJECT> <SECTNO>86.429-78</SECTNO> <SUBJECT>Maintenance, unscheduled; test vehicles.</SUBJECT> <SECTNO>86.430-78</SECTNO> <SUBJECT>Vehicle failure.</SUBJECT> <SECTNO>86.431-78</SECTNO> <SUBJECT>Data submission.</SUBJECT> <SECTNO>86.432-78</SECTNO> <SUBJECT>Deterioration factor.</SUBJECT> <SECTNO>86.434-78</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <SECTNO>86.435-78</SECTNO> <SUBJECT>Extrapolated emission values.</SUBJECT> <SECTNO>86.436-78</SECTNO> <SUBJECT>Additional service accumulation.</SUBJECT> <SECTNO>86.437-78</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.438-78</SECTNO> <SUBJECT>Amendments to the application.</SUBJECT> <SECTNO>86.439-78</SECTNO> <SUBJECT>Alternative procedure for notification of additions and changes.</SUBJECT> <SECTNO>86.440-78</SECTNO> <SUBJECT>Maintenance of records.</SUBJECT> <SECTNO>86.441-78</SECTNO> <SUBJECT>Right of entry.</SUBJECT> <SECTNO>86.442-78</SECTNO> <SUBJECT>Denial, revocation, or suspension of certification.</SUBJECT> <SECTNO>86.443-78</SECTNO> <SUBJECT>Request for hearing.</SUBJECT> <SECTNO>86.444-78</SECTNO> <SUBJECT>Hearings on certification.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Emission Regulations for 1978 and Later New Motorcycles, Test Procedures</HD> <SECTNO>86.501-78</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.502-78</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.503-78</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.504-78</SECTNO> <SUBJECT>Section numbering.</SUBJECT> <SECTNO>86.505-78</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.508-78</SECTNO> <SUBJECT>Dynamometer.</SUBJECT> <SECTNO>86.509-90</SECTNO> <SUBJECT>Exhaust gas sampling system.</SUBJECT> <SECTNO>86.511-90</SECTNO> <SUBJECT>Exhaust gas analytical system.</SUBJECT> <SECTNO>86.513-87</SECTNO> <SUBJECT>Fuel and engine lubricant specifications.</SUBJECT> <SECTNO>86.513-90</SECTNO> <SUBJECT>Fuel and engine lubricant specifications.</SUBJECT> <SECTNO>86.513-94</SECTNO> <SUBJECT>Fuel and engine lubricant specifications.<PRTPAGE P="10"/> </SUBJECT> <SECTNO>86.514-78</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.515-78</SECTNO> <SUBJECT>EPA urban dynamometer driving schedule.</SUBJECT> <SECTNO>86.516-90</SECTNO> <SUBJECT>Calibrations, frequency and overview.</SUBJECT> <SECTNO>86.518-78</SECTNO> <SUBJECT>Dynamometer calibration.</SUBJECT> <SECTNO>86.519-78</SECTNO> <SUBJECT>Constant volume sampler calibration.</SUBJECT> <SECTNO>86.519-90</SECTNO> <SUBJECT>Constant volume sampler calibration.</SUBJECT> <SECTNO>86.521-90</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.522-78</SECTNO> <SUBJECT>Carbon monoxide analyzer calibration.</SUBJECT> <SECTNO>86.523-78</SECTNO> <SUBJECT>Oxides of nitrogen analyzer calibration.</SUBJECT> <SECTNO>86.524-78</SECTNO> <SUBJECT>Carbon dioxide analyzer calibration.</SUBJECT> <SECTNO>86.526-90</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.527-90</SECTNO> <SUBJECT>Test procedures, overview.</SUBJECT> <SECTNO>86.528-78</SECTNO> <SUBJECT>Transmissions.</SUBJECT> <SECTNO>86.529-78</SECTNO> <SUBJECT>Road load force and inertia weight determination.</SUBJECT> <SECTNO>86.529-98</SECTNO> <SUBJECT>Road load force and inertia weight determination.</SUBJECT> <SECTNO>86.530-78</SECTNO> <SUBJECT>Test sequence, general requirements.</SUBJECT> <SECTNO>86.531-78</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.532-78</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.535-90</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.536-78</SECTNO> <SUBJECT>Engine starting and restarting.</SUBJECT> <SECTNO>86.537-90</SECTNO> <SUBJECT>Dynamometer test runs.</SUBJECT> <SECTNO>86.540-90</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.542-90</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>86.544-90</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Selective Enforcement Auditing of New Light-Duty Vehicles</HD> <SECTNO>86.601-84</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.602-84</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.602-97</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.602-98</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.603-88</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.603-97</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.603-98</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.604-84</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <SECTNO>86.605-88</SECTNO> <SUBJECT>Maintenance of records; submittal of information.</SUBJECT> <SECTNO>86.605-98</SECTNO> <SUBJECT>Maintenance of records; submittal of information.</SUBJECT> <SECTNO>86.606-84</SECTNO> <SUBJECT>Entry and access.</SUBJECT> <SECTNO>86.607-84</SECTNO> <SUBJECT>Sample selection.</SUBJECT> <SECTNO>86.608-88</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.608-90</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.608-96</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.608-97</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.608-98</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.609-84</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.609-96</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.609-97</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.609-98</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.610-96</SECTNO> <SUBJECT>Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.</SUBJECT> <SECTNO>86.610-98</SECTNO> <SUBJECT>Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.</SUBJECT> <SECTNO>86.612-84</SECTNO> <SUBJECT>Suspension and revocation of certificates of conformity.</SUBJECT> <SECTNO>86.612-97</SECTNO> <SUBJECT>Suspension and revocation of certificates of conformity.</SUBJECT> <SECTNO>86.614-84</SECTNO> <SUBJECT>Hearings on suspension, revocation, and voiding of certificates of conformity.</SUBJECT> <SECTNO>86.615-84</SECTNO> <SUBJECT>Treatment of confidential information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—General Provisions for In-Use Emission Regulations for 1994 and Later Model Year Light-Duty Vehicles and Light-Duty Trucks</HD> <SECTNO>86.701-94</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.702-94</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.703-94</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.704-94</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.705-94—86.707-94</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.708-94</SECTNO> <SUBJECT>In-use emission standards for 1994 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.708-98</SECTNO> <SUBJECT>In-use emission standards for 1998 and later model year light-duty vehicles.</SUBJECT> <SECTNO>86.709-94</SECTNO> <SUBJECT>In-use emission standards for 1994 and later model year light-duty trucks.</SUBJECT> <SECTNO>86.709-99</SECTNO> <SUBJECT>In-use emission standards for 1999 and later model year light-duty trucks.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Emission Regulations for New Diesel Heavy-Duty Engines; Smoke Exhaust Test Procedure</HD> <SECTNO>86.884-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.884-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.884-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.884-4</SECTNO> <SUBJECT>Section numbering.</SUBJECT> <SECTNO>86.884-5</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.884-6</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.884-7</SECTNO> <SUBJECT>Dynamometer operation cycle for smoke emission tests.</SUBJECT> <SECTNO>86.884-8</SECTNO> <SUBJECT>Dynamometer and engine equipment.</SUBJECT> <SECTNO>86.884-9</SECTNO> <SUBJECT>Smoke measurement system.</SUBJECT> <SECTNO>86.884-10</SECTNO> <SUBJECT>Information.</SUBJECT> <SECTNO>86.884-11</SECTNO> <SUBJECT>Instrument checks.</SUBJECT> <SECTNO>86.884-12</SECTNO> <SUBJECT>Test run.</SUBJECT> <SECTNO>86.884-13</SECTNO> <SUBJECT>Data analysis.</SUBJECT> <SECTNO>86.884-14</SECTNO> <SUBJECT>Calculations.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Fees for the Motor Vehicle and Engine Compliance Program</HD> <SECTNO>86.901-93</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.902-01</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.902-93</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.903-93</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.904-93</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.905-93</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>86.906-93</SECTNO> <SUBJECT>MVEPC certification request types.<PRTPAGE P="11"/> </SUBJECT> <SECTNO>86.907-01</SECTNO> <SUBJECT>Fee amounts.</SUBJECT> <SECTNO>86.907-93</SECTNO> <SUBJECT>Fee amounts.</SUBJECT> <SECTNO>86.908-01</SECTNO> <SUBJECT>Waivers and refunds.</SUBJECT> <SECTNO>86.908-93</SECTNO> <SUBJECT>Waivers and refunds.</SUBJECT> <SECTNO>86.909-93</SECTNO> <SUBJECT>Payment.</SUBJECT> <SECTNO>86.910-93</SECTNO> <SUBJECT>Deficiencies.</SUBJECT> <SECTNO>86.911-93</SECTNO> <SUBJECT>Adjustments of fees.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—Selective Enforcement Auditing of New Heavy-Duty Engines, Heavy-Duty Vehicles, and Light-Duty Trucks</HD> <SECTNO>86.1001-84</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.1002-84</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1002-97</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1002-2001</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1003-90</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.1003-97</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.1003-2001</SECTNO> <SUBJECT>Test orders.</SUBJECT> <SECTNO>86.1004-84</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <SECTNO>86.1005-90</SECTNO> <SUBJECT>Maintenance of records; submittal of information.</SUBJECT> <SECTNO>86.1006-84</SECTNO> <SUBJECT>Entry and access.</SUBJECT> <SECTNO>86.1007-84</SECTNO> <SUBJECT>Sample selection.</SUBJECT> <SECTNO>86.1008-90</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.1008-96</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.1008-97</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.1008-2001</SECTNO> <SUBJECT>Test procedures.</SUBJECT> <SECTNO>86.1009-84</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.1009-96</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.1009-97</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.1009-2001</SECTNO> <SUBJECT>Calculation and reporting of test results.</SUBJECT> <SECTNO>86.1010-96</SECTNO> <SUBJECT>Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.</SUBJECT> <SECTNO>86.1010-2001</SECTNO> <SUBJECT>Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.</SUBJECT> <SECTNO>86.1012-84</SECTNO> <SUBJECT>Suspension and revocation of certificates of conformity.</SUBJECT> <SECTNO>86.1012-97</SECTNO> <SUBJECT>Suspension and revocation of certificates of conformity.</SUBJECT> <SECTNO>86.1014-84</SECTNO> <SUBJECT>Hearings on suspension, revocation and voiding of certificate of conformity.</SUBJECT> <SECTNO>86.1014-97</SECTNO> <SUBJECT>Hearings on suspension, revocation and voiding of certificates of conformity.</SUBJECT> <SECTNO>86.1015</SECTNO> <SUBJECT>Treatment of confidential information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart L—Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks</HD> <SECTNO>86.1101-87</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.1102-87</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1103-87</SECTNO> <SUBJECT>Criteria for availability of nonconformance penalties.</SUBJECT> <SECTNO>86.1104-91</SECTNO> <SUBJECT>Determination of upper limits.</SUBJECT> <SECTNO>86.1105-87</SECTNO> <SUBJECT>Emission standards for which nonconformance penalties are available.</SUBJECT> <SECTNO>86.1106-87</SECTNO> <SUBJECT>Production compliance auditing.</SUBJECT> <SECTNO>86.1107-87</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <SECTNO>86.1108-87</SECTNO> <SUBJECT>Maintenance of records.</SUBJECT> <SECTNO>86.1109-87</SECTNO> <SUBJECT>Entry and access.</SUBJECT> <SECTNO>86.1110-87</SECTNO> <SUBJECT>Sample selection.</SUBJECT> <SECTNO>86.1111-87</SECTNO> <SUBJECT>Test procedures for PCA testing.</SUBJECT> <SECTNO>86.1112-87</SECTNO> <SUBJECT>Determining the compliance level and reporting of test results.</SUBJECT> <SECTNO>86.1113-87</SECTNO> <SUBJECT>Calculation and payment of penalty.</SUBJECT> <SECTNO>86.1114-87</SECTNO> <SUBJECT>Suspension and voiding of certificates of conformity.</SUBJECT> <SECTNO>86.1115-87</SECTNO> <SUBJECT>Hearing procedures for nonconformance determinations and penalties.</SUBJECT> <SECTNO>86.1116-87</SECTNO> <SUBJECT>Treatment of confidential information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart M—Evaporative Emission Test Procedures for New Gasoline-Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-Duty Vehicles</HD> <SECTNO>86.1201-90</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.1202-85</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1203-85</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.1204</SECTNO> <SUBJECT>Section numbering.</SUBJECT> <SECTNO>86.1205-90</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1206-90</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.1206-96</SECTNO> <SUBJECT>Equipment required; overview.</SUBJECT> <SECTNO>86.1207-90</SECTNO> <SUBJECT>Sampling and analytical systems; evaporative emissions.</SUBJECT> <SECTNO>86.1207-96</SECTNO> <SUBJECT>Sampling and analytical system; evaporative emissions.</SUBJECT> <SECTNO>86.1213-90</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1213-94</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1214-85</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.1215-85</SECTNO> <SUBJECT>EPA heavy-duty vehicle (HDV) urban dynamometer driving schedule.</SUBJECT> <SECTNO>86.1216-90</SECTNO> <SUBJECT>Calibrations; frequency and overview.</SUBJECT> <SECTNO>86.1217-90</SECTNO> <SUBJECT>Evaporative emission enclosure calibrations.</SUBJECT> <SECTNO>86.1217-96</SECTNO> <SUBJECT>Evaporative emission enclosure calibrations.</SUBJECT> <SECTNO>86.1218-85</SECTNO> <SUBJECT>Dynamometer calibration.</SUBJECT> <SECTNO>86.1221-90</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.1226-85</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.1227-90</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.1227-96</SECTNO> <SUBJECT>Test procedures; overview.</SUBJECT> <SECTNO>86.1228-85</SECTNO> <SUBJECT>Transmissions.</SUBJECT> <SECTNO>86.1229-85</SECTNO> <SUBJECT>Dynamometer load determination and fuel temperature profile.</SUBJECT> <SECTNO>86.1230-85</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1230-96</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1231-90</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.1231-96</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.1232-90</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.1232-96</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.1233-90</SECTNO> <SUBJECT>Diurnal breathing loss test.</SUBJECT> <SECTNO>86.1233-96</SECTNO> <SUBJECT>Diurnal emission test.</SUBJECT> <SECTNO>86.1234-96</SECTNO> <SUBJECT>Running loss test.<PRTPAGE P="12"/> </SUBJECT> <SECTNO>86.1235-85</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.1235-96</SECTNO> <SUBJECT>Dynamometer procedure.</SUBJECT> <SECTNO>86.1236-85</SECTNO> <SUBJECT>Engine starting and restarting.</SUBJECT> <SECTNO>86.1237-85</SECTNO> <SUBJECT>Dynamometer runs.</SUBJECT> <SECTNO>86.1237-96</SECTNO> <SUBJECT>Dynamometer runs.</SUBJECT> <SECTNO>86.1238-90</SECTNO> <SUBJECT>Hot soak test.</SUBJECT> <SECTNO>86.1238-96</SECTNO> <SUBJECT>Hot soak test.</SUBJECT> <SECTNO>86.1242-90</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>86.1243-90</SECTNO> <SUBJECT>Calculations; evaporative emissions.</SUBJECT> <SECTNO>86.1243-96</SECTNO> <SUBJECT>Calculations; evaporative emissions.</SUBJECT> <SECTNO>86.1246-96</SECTNO> <SUBJECT>Fuel dispensing spitback procedure.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart N—Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty Engines; Gaseous and Particulate Exhaust Test Procedures</HD> <SECTNO>86.1301-90</SECTNO> <SUBJECT>Scope, applicability.</SUBJECT> <SECTNO>86.1302-84</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1303-84</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.1304-90</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.1305-90</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1306-90</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.1306-96</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.1308-84</SECTNO> <SUBJECT>Dynamometer and engine equipment specifications.</SUBJECT> <SECTNO>86.1309-90</SECTNO> <SUBJECT>Exhaust gas sampling system; Otto-cycle engines.</SUBJECT> <SECTNO>86.1310-90</SECTNO> <SUBJECT>Exhaust gas sampling and analytical system; diesel engines.</SUBJECT> <SECTNO>86.1311-90</SECTNO> <SUBJECT>Exhaust gas analytical system; CVS bag sample.</SUBJECT> <SECTNO>86.1311-94</SECTNO> <SUBJECT>Exhaust gas analytical system; CVS bag sample.</SUBJECT> <SECTNO>86.1312-88</SECTNO> <SUBJECT>Weighing chamber and microgram balance specifications.</SUBJECT> <SECTNO>86.1313-91</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1313-94</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1313-98</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1314-84</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.1314-94</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.1316-90</SECTNO> <SUBJECT>Calibrations; frequency and overview.</SUBJECT> <SECTNO>86.1316-94</SECTNO> <SUBJECT>Calibrations; frequency and overview.</SUBJECT> <SECTNO>86.1318-84</SECTNO> <SUBJECT>Engine dynamometer system calibrations.</SUBJECT> <SECTNO>86.1319-84</SECTNO> <SUBJECT>CVS calibration.</SUBJECT> <SECTNO>86.1319-90</SECTNO> <SUBJECT>CVS calibration.</SUBJECT> <SECTNO>86.1320-90</SECTNO> <SUBJECT>Gas meter or flow instrumentation calibration; particulate, methanol, and formaldehyde measurement.</SUBJECT> <SECTNO>86.1321-90</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.1321-94</SECTNO> <SUBJECT>Hydrocarbon analyzer calibration.</SUBJECT> <SECTNO>86.1322-84</SECTNO> <SUBJECT>Carbon monoxide analyzer calibration.</SUBJECT> <SECTNO>86.1323-84</SECTNO> <SUBJECT>Oxides of nitrogen analyzer calibration.</SUBJECT> <SECTNO>86.1324-84</SECTNO> <SUBJECT>Carbon dioxide analyzer calibration.</SUBJECT> <SECTNO>86.1325-94</SECTNO> <SUBJECT>Methane analyzer calibration.</SUBJECT> <SECTNO>86.1326-90</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.1327-90</SECTNO> <SUBJECT>Engine dynamometer test procedures; overview.</SUBJECT> <SECTNO>86.1327-94</SECTNO> <SUBJECT>Engine dynamometer test procedures; overview.</SUBJECT> <SECTNO>86.1327-96</SECTNO> <SUBJECT>Engine dynamometer test procedures; overview.</SUBJECT> <SECTNO>86.1327-98</SECTNO> <SUBJECT>Engine dynamometer test procedures; overview.</SUBJECT> <SECTNO>86.1330-84</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1330-90</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1332-90</SECTNO> <SUBJECT>Engine mapping procedures.</SUBJECT> <SECTNO>86.1333-90</SECTNO> <SUBJECT>Transient test cycle generation.</SUBJECT> <SECTNO>86.1334-84</SECTNO> <SUBJECT>Pre-test engine and dynamometer preparation.</SUBJECT> <SECTNO>86.1335-90</SECTNO> <SUBJECT>Cool-down procedure.</SUBJECT> <SECTNO>86.1336-84</SECTNO> <SUBJECT>Engine starting, restarting, and shutdown.</SUBJECT> <SECTNO>86.1337-90</SECTNO> <SUBJECT>Engine dynamometer test run.</SUBJECT> <SECTNO>86.1337-96</SECTNO> <SUBJECT>Engine dynamometer test run.</SUBJECT> <SECTNO>86.1338-84</SECTNO> <SUBJECT>Emission measurement accuracy.</SUBJECT> <SECTNO>86.1339-90</SECTNO> <SUBJECT>Particulate filter handling and weighing.</SUBJECT> <SECTNO>86.1340-90</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.1340-94</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.1341-90</SECTNO> <SUBJECT>Test cycle validation criteria.</SUBJECT> <SECTNO>86.1341-98</SECTNO> <SUBJECT>Test cycle validation criteria.</SUBJECT> <SECTNO>86.1342-90</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.1342-94</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.1343-88</SECTNO> <SUBJECT>Calculations; particulate exhaust emissions.</SUBJECT> <SECTNO>86.1344-90</SECTNO> <SUBJECT>Required information.</SUBJECT> <SECTNO>86.1344-94</SECTNO> <SUBJECT>Required information.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart O—Emission Regulations for New Gasoline-Fueled Otto-Cycle Light-Duty Vehicles and New Gasoline-Fueled Otto-Cycle Light-Duty Trucks; Certification Short Test Procedures</HD> <SECTNO>86.1401</SECTNO> <SUBJECT>Scope; applicability.</SUBJECT> <SECTNO>86.1402</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1403</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.1404</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1405</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1406</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.1407-86.1412</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1413</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1414-86.1415</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1416</SECTNO> <SUBJECT>Calibration; frequency and overview.</SUBJECT> <SECTNO>86.1417-86.1421</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1422</SECTNO> <SUBJECT>Analyzer calibration.</SUBJECT> <SECTNO>86.1423-86.1426</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1427</SECTNO> <SUBJECT>Certification Short Test procedure; overview.</SUBJECT> <SECTNO>86.1428-86.1429</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1430</SECTNO> <SUBJECT>Certification Short Test sequence; general requirements.</SUBJECT> <SECTNO>86.1431</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1432</SECTNO> <SUBJECT>Vehicle preparation.</SUBJECT> <SECTNO>86.1433</SECTNO> <SUBJECT>[Reserved]<PRTPAGE P="13"/> </SUBJECT> <SECTNO>86.1434</SECTNO> <SUBJECT>Equipment preparation.</SUBJECT> <SECTNO>86.1435-86.1436</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1437</SECTNO> <SUBJECT>Test run—manufacturer.</SUBJECT> <SECTNO>86.1438</SECTNO> <SUBJECT>Test run—EPA.</SUBJECT> <SECTNO>86.1439</SECTNO> <SUBJECT>Certification Short Test emission test procedures—EPA.</SUBJECT> <SECTNO>86.1440-86.1441</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1442</SECTNO> <SUBJECT>Information required.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart P—Emission Regulations for Otto-Cycle Heavy-Duty Engines, New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled Diesel-Cycle Heavy-Duty Engines, New Otto-Cycle Light-Duty Trucks, and New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled Diesel-Cycle Light-Duty Trucks; Idle Test Procedures</HD> <SECTNO>86.1501-90</SECTNO> <SUBJECT>Scope; applicability.</SUBJECT> <SECTNO>86.1501-94</SECTNO> <SUBJECT>Scope; applicability.</SUBJECT> <SECTNO>86.1502-84</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1503-84</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.1504-90</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.1504-94</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.1505-84</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1505-90</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1505-94</SECTNO> <SUBJECT>Introduction; structure of subpart.</SUBJECT> <SECTNO>86.1506-90</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.1506-94</SECTNO> <SUBJECT>Equipment required and specifications; overview.</SUBJECT> <SECTNO>86.1509-84</SECTNO> <SUBJECT>Exhaust gas sampling system.</SUBJECT> <SECTNO>86.1511-84</SECTNO> <SUBJECT>Exhaust gas analysis system.</SUBJECT> <SECTNO>86.1513-90</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1513-94</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1514-84</SECTNO> <SUBJECT>Analytical gases.</SUBJECT> <SECTNO>86.1516-84</SECTNO> <SUBJECT>Calibration; frequency and overview.</SUBJECT> <SECTNO>86.1519-84</SECTNO> <SUBJECT>CVS calibration.</SUBJECT> <SECTNO>86.1522-84</SECTNO> <SUBJECT>Carbon monoxide analyzer calibration.</SUBJECT> <SECTNO>86.1524-84</SECTNO> <SUBJECT>Carbon dioxide analyzer calibration.</SUBJECT> <SECTNO>86.1526-84</SECTNO> <SUBJECT>Calibration of other equipment.</SUBJECT> <SECTNO>86.1527-84</SECTNO> <SUBJECT>Idle test procedure; overview.</SUBJECT> <SECTNO>86.1530-84</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1537-84</SECTNO> <SUBJECT>Idle test run.</SUBJECT> <SECTNO>86.1540-84</SECTNO> <SUBJECT>Idle exhaust sample analysis.</SUBJECT> <SECTNO>86.1542-84</SECTNO> <SUBJECT>Information required.</SUBJECT> <SECTNO>86.1544-84</SECTNO> <SUBJECT>Calculation; idle exhaust emissions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart Q—Regulations for Altitude Performance Adjustments for New and In-Use Motor Vehicles and Engines</HD> <SECTNO>86.1601</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.1602</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1603</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>86.1604</SECTNO> <SUBJECT>Conditions for disapproval.</SUBJECT> <SECTNO>86.1605</SECTNO> <SUBJECT>Information to be submitted.</SUBJECT> <SECTNO>86.1606</SECTNO> <SUBJECT>Labeling.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart R—General Provisions for the Voluntary National Low Emission Vehicle Program for Light-Duty Vehicles and Light-Duty Trucks</HD> <SECTNO>86.1701-99</SECTNO> <SUBJECT>General applicability.</SUBJECT> <SECTNO>86.1702-99</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1703-99</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <SECTNO>86.1704-99</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.1705-99</SECTNO> <SUBJECT>General provisions; opt-in.</SUBJECT> <SECTNO>86.1706-99</SECTNO> <SUBJECT>National LEV program in effect.</SUBJECT> <SECTNO>86.1707-99</SECTNO> <SUBJECT>General provisions; opt-outs.</SUBJECT> <SECTNO>86.1708-99</SECTNO> <SUBJECT>Exhaust emission standards for 1999 and later light-duty vehicles.</SUBJECT> <SECTNO>86.1709-99</SECTNO> <SUBJECT>Exhaust emission standards for 1999 and later light light-duty trucks.</SUBJECT> <SECTNO>86.1710-99</SECTNO> <SUBJECT>Fleet average non-methane organic gas exhaust emission standards for light-duty vehicles and light light-duty trucks.</SUBJECT> <SECTNO>86.1711-99</SECTNO> <SUBJECT>Limitations on sale of Tier 1 vehicles and TLEVs.</SUBJECT> <SECTNO>86.1712-99</SECTNO> <SUBJECT>Maintenance of records; submittal of information.</SUBJECT> <SECTNO>86.1713-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1713-99</SECTNO> <SUBJECT>Light-duty exhaust durability programs; five percent cap.</SUBJECT> <SECTNO>86.1714-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1714-99</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.1715-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1715-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1716-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1716-99</SECTNO> <SUBJECT>Prohibition of defeat devices.</SUBJECT> <SECTNO>86.1717-01</SECTNO> <SUBJECT>Emission control diagnostic system for 1999 and later light-duty vehicles and light-duty trucks.</SUBJECT> <SECTNO>86.1717-99</SECTNO> <SUBJECT>Emission control diagnostic system for 1999 and later light-duty vehicles and light-duty trucks.</SUBJECT> <SECTNO>86.1718-99-86.1720-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1721-01</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.1721-99</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>86.1722-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1722-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1723-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1723-99</SECTNO> <SUBJECT>Required data.</SUBJECT> <SECTNO>86.1724-01</SECTNO> <SUBJECT>Emission data vehicle selection.</SUBJECT> <SECTNO>86.1724-99</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <SECTNO>86.1725-01</SECTNO> <SUBJECT>Allowable maintenance.</SUBJECT> <SECTNO>86.1725-99</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <SECTNO>86.1726-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1726-99</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <SECTNO>86.1727-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1728-01</SECTNO> <SUBJECT>Compliance with emission standards for the purpose of certification.</SUBJECT> <SECTNO>86.1728-99</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <SECTNO>86.1729-99-86.1733-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1734-01</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1734-99</SECTNO> <SUBJECT>Alternative procedure for notification of additions and changes.</SUBJECT> <SECTNO>86.1735-01</SECTNO> <SUBJECT>Labeling.<PRTPAGE P="14"/> </SUBJECT> <SECTNO>86.1735-99</SECTNO> <SUBJECT>Labeling.</SUBJECT> <SECTNO>86.1736-99-86.1769-99</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1770-99</SECTNO> <SUBJECT>All-Electric Range Test requirements.</SUBJECT> <SECTNO>86.1771-99</SECTNO> <SUBJECT>Fuel specifications.</SUBJECT> <SECTNO>86.1772-99</SECTNO> <SUBJECT>Road load power, test weight, and inertia weight class determination.</SUBJECT> <SECTNO>86.1773-99</SECTNO> <SUBJECT>Test sequence; general requirements.</SUBJECT> <SECTNO>86.1774-99</SECTNO> <SUBJECT>Vehicle preconditioning.</SUBJECT> <SECTNO>86.1775-99</SECTNO> <SUBJECT>Exhaust sample analysis.</SUBJECT> <SECTNO>86.1776-99</SECTNO> <SUBJECT>Records required.</SUBJECT> <SECTNO>86.1777-99</SECTNO> <SUBJECT>Calculations; exhaust emissions.</SUBJECT> <SECTNO>86.1778-99</SECTNO> <SUBJECT>Calculations; particulate emissions.</SUBJECT> <SECTNO>86.1779-99</SECTNO> <SUBJECT>General enforcement provisions.</SUBJECT> <SECTNO>86.1780-99</SECTNO> <SUBJECT>Prohibited acts.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart S—General Compliance Provisions for Control of Air Pollution From New and In-Use Light-Duty Vehicles and Light-Duty Trucks</HD> <SECTNO>86.1801-01</SECTNO> <SUBJECT>Applicability.</SUBJECT> <SECTNO>86.1802-01</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <SECTNO>86.1803-01</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>86.1804-01</SECTNO> <SUBJECT>Acronyms and abbreviations.</SUBJECT> <SECTNO>86.1805-01</SECTNO> <SUBJECT>Useful life.</SUBJECT> <SECTNO>86.1806-01</SECTNO> <SUBJECT>On-board diagnostics.</SUBJECT> <SECTNO>86.1807-01</SECTNO> <SUBJECT>Vehicle labeling.</SUBJECT> <SECTNO>86.1808-01</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <SECTNO>86.1809-01</SECTNO> <SUBJECT>Prohibition of defeat devices.</SUBJECT> <SECTNO>86.1810-01</SECTNO> <SUBJECT>General standards; increase in emissions; unsafe conditions; waivers</SUBJECT> <SECTNO>86.1811-01</SECTNO> <SUBJECT>Emission standards for light-duty vehicles.</SUBJECT> <SECTNO>86.1812-01</SECTNO> <SUBJECT>Emission standards for light-duty trucks 1.</SUBJECT> <SECTNO>86.1813-01</SECTNO> <SUBJECT>Emission standards for light-duty trucks 2.</SUBJECT> <SECTNO>86.1814-01</SECTNO> <SUBJECT>Emission standards for light-duty trucks 3.</SUBJECT> <SECTNO>86.1814-02</SECTNO> <SUBJECT>Emission standards for light-duty trucks 3.</SUBJECT> <SECTNO>86.1814-04</SECTNO> <SUBJECT>Emission standards for light-duty trucks 3.</SUBJECT> <SECTNO>86.1815-01</SECTNO> <SUBJECT>Emission standards for light-duty trucks 4.</SUBJECT> <SECTNO>86.1815-02</SECTNO> <SUBJECT>Emission standards for light-duty trucks 4.</SUBJECT> <SECTNO>86.1815-04</SECTNO> <SUBJECT>Emission standards for light-duty trucks 4.</SUBJECT> <SECTNO>86.1816-86.1819</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>86.1820-01</SECTNO> <SUBJECT>Durability group determination.</SUBJECT> <SECTNO>86.1821-01</SECTNO> <SUBJECT>Evaporative/refueling family determination.</SUBJECT> <SECTNO>86.1822-01</SECTNO> <SUBJECT>Durability data vehicle selection.</SUBJECT> <SECTNO>86.1823-01</SECTNO> <SUBJECT>Durability demonstration procedures for exhaust emissions.</SUBJECT> <SECTNO>86.1824-01</SECTNO> <SUBJECT>Durability demonstration procedures for evaporative emissions.</SUBJECT> <SECTNO>86.1825-01</SECTNO> <SUBJECT>Durability demonstration procedures for refueling emissions.</SUBJECT> <SECTNO>86.1826-01</SECTNO> <SUBJECT>Assigned deterioration factors for small volume manufacturers and small volume test groups.</SUBJECT> <SECTNO>86.1827-01</SECTNO> <SUBJECT>Test group determination.</SUBJECT> <SECTNO>86.1828-01</SECTNO> <SUBJECT>Emission data vehicle selection.</SUBJECT> <SECTNO>86.1829-01</SECTNO> <SUBJECT>Durability and emission testing. requirements; waivers.</SUBJECT> <SECTNO>86.1830-01</SECTNO> <SUBJECT>Acceptance of vehicles for emission testing.</SUBJECT> <SECTNO>86.1831-01</SECTNO> <SUBJECT>Mileage accumulation requirements for test vehicles.</SUBJECT> <SECTNO>86.1832-01</SECTNO> <SUBJECT>Optional equipment and air conditioning for test vehicles.</SUBJECT> <SECTNO>86.1833-01</SECTNO> <SUBJECT>Adjustable parameters.</SUBJECT> <SECTNO>86.1834-01</SECTNO> <SUBJECT>Allowable maintenance.</SUBJECT> <SECTNO>86.1835-01</SECTNO> <SUBJECT>Confirmatory certification testing.</SUBJECT> <SECTNO>86.1836-01</SECTNO> <SUBJECT>Manufacturer-supplied production vehicles for testing.</SUBJECT> <SECTNO>86.1837-01</SECTNO> <SUBJECT>Rounding of emission measurements.</SUBJECT> <SECTNO>86.1838-01</SECTNO> <SUBJECT>Small volume manufacturers certification procedures.</SUBJECT> <SECTNO>86.1839-01</SECTNO> <SUBJECT>Carryover of certification data.</SUBJECT> <SECTNO>86.1840-01</SECTNO> <SUBJECT>Special test procedures.</SUBJECT> <SECTNO>86.1841-01</SECTNO> <SUBJECT>Compliance with emission standards for the purpose of certification.</SUBJECT> <SECTNO>86.1842-01</SECTNO> <SUBJECT>Addition of a vehicle after certification; and changes to a vehicle covered by certification.</SUBJECT> <SECTNO>86.1843-01</SECTNO> <SUBJECT>General information requirements.</SUBJECT> <SECTNO>86.1844-01</SECTNO> <SUBJECT>Information requirements: Application for certification and submittal of information upon request.</SUBJECT> <SECTNO>86.1845-01</SECTNO> <SUBJECT>Manufacturer in-use verification testing requirements.</SUBJECT> <SECTNO>86.1845-04</SECTNO> <SUBJECT>Manufacturer in-use verification testing requirements.</SUBJECT> <SECTNO>86.1846-01</SECTNO> <SUBJECT>Manufacturer in-use confirmatory testing requirements.</SUBJECT> <SECTNO>86.1847-01</SECTNO> <SUBJECT>Manufacturer in-use verification and in-use confirmatory testing; submittal of information and maintenance of records.</SUBJECT> <SECTNO>86.1848-01</SECTNO> <SUBJECT>Certification.</SUBJECT> <SECTNO>86.1849-01</SECTNO> <SUBJECT>Right of entry.</SUBJECT> <SECTNO>86.1850-01</SECTNO> <SUBJECT>Denial, suspension or revocation of certificate of conformity.</SUBJECT> <SECTNO>86.1851-01</SECTNO> <SUBJECT>Application of good engineering judgment to manufacturers’ decisions.</SUBJECT> <SECTNO>86.1852-01</SECTNO> <SUBJECT>Waivers for good in-use emission performance.</SUBJECT> <SECTNO>86.1853-01</SECTNO> <SUBJECT>Certification hearings.</SUBJECT> <APP>Appendix I to Subpart S to Part 86—Vehicle Procurement Methodology</APP> <APP>Appendix II to Subpart S to Part 86—As-Received Testing Vehicle Rejection Criteria</APP> <APP>Appendix III to Subpart S to Part 86—As-Received Inspection</APP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart AA—Reporting and Recordkeeping Requirements for Part 86</HD> <SECTNO>86.2500</SECTNO> <SUBJECT>Reporting and recordkeeping requirements.</SUBJECT> <APP> <E T="05">Appendix I to Part 86—Urban Dynamometer Schedules</E> </APP> <APP> <E T="05">Appendix II to Part 86—Temperature Schedules</E> <PRTPAGE P="15"/> </APP> <APP> <E T="05">Appendix III to Part 86—Constant Volume Sampler Flow Calibration</E> </APP> <APP> <E T="05">Appendix IV to Part 86—Durability Driving Schedules</E> </APP> <APP> <E T="05">Appendix V to Part 86[Reserved]</E> </APP> <APP> <E T="05">Appendix VI to Part 86—Vehicle and Engine Components</E> </APP> <APP> <E T="05">Appendixes VII-IX to Part 86 [Reserved]</E> </APP> <APP> <E T="05">Appendix X to Part 86—Sampling Plans for Selective Enforcement Auditing of Heavy-Duty Engines and Light-Duty Trucks</E> </APP> <APP> <E T="05">Appendix XI to Part 86—Sampling Plans for Selective Enforcement Auditing of Light-Duty Vehicles</E> </APP> <APP> <E T="05">Appendix XII to Part 86—Tables for Production Compliance Auditing of Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks</E> </APP> <APP> <E T="05">Appendix XIII to Part 86—State Requirements Incorporated by Reference in Part 86 of the Code of Federal Regulations</E> </APP> <APP> <E T="05">Appendix XIV to Part 86—Determination of Acceptable Durability Test Schedule for Light-Duty Vehicles and Light Light-Duty Trucks Certifying to the Provisions of Part 86, Subpart R</E> </APP> <APP> <E T="05">Appendix XV to Part 86—Procedure for Determining an Acceptable Exhaust Regeneration Durability-Data Test Schedule for Diesel Cycle Vehicles Equipped With Periodically Regenerating Trap Oxidizer Systems Certifying to the Provisions of Part 86, Subpart R</E> </APP> <APP> <E T="05">Appendix XVI to Part 86—Pollutant Mass Emissions Calculation Procedure for Gaseous-Fueled Vehicles and for Vehicles Equipped With Periodically Regenerating Trap Oxidizer Systems Certifying to the Provisions of Part 86, Subpart R</E> </APP> <APP> <E T="05">Appendix XVII to Part 86—Procedure for Determining Vehicle Emission Control Technology Category/Fuel Reactivity Adjustment Factors for Light-Duty Vehicles and Light Light-Duty Trucks Certifying to the Provisions of Part 86, Subpart R</E> </APP> <APP> <E T="05">Appendix XVIII to Part 86—Statistical Outlier Identification Procedure for Light-Duty Vehicles and Light Light-Duty Trucks Certifying to the Provisions of Part 86, Subpart R</E> </APP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>42 U.S.C. 7401-7671q.</P> </AUTH> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>The new information collection requirements for part 86 published in the <E T="04">Federal Register</E> at 59 FR 16262, Apr. 6, 1994, which apply to 1998 and later model year vehicles, have not been approved by the Office of Management and Budget (OMB) and are not effective. The Environmental Protection Agency will publish a document once OMB approves the information collection requirements.</P> </EFFDNOT> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>Nomenclature changes to part 86 appear at 60 FR 34377, June 30, 1995.</P> </EDNOTE> <SECTION> <SECTNO>§ 86.1</SECTNO> <SUBJECT>Reference materials.</SUBJECT> <P>(a) The documents in paragraph (b) of this section have been incorporated by reference. The incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at U.S. EPA, OAR, 401 M Street, SW., Washington, DC 20460, or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.</P> <P>(b) The following paragraphs and tables set forth the material that has been incorporated by reference in this part.</P> <P>(1) <E T="03">ASTM material.</E> The following table sets forth material from the American Society for Testing and Materials that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than § 86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103.</P> <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Document number and name</CHED> <CHED H="1">40 CFR part 86 reference</CHED> </BOXHD> <ROW> <ENT I="01">ASTM E29-67 (Reapproved 1980), Standard Recommended Practice for Indicating Which Places of Figures Are To Be Considered Significant in Specified Limiting Values</ENT> <ENT>86.1105-87</ENT> </ROW> <ROW> <ENT I="01">ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications</ENT> <ENT>86.609-84; 86.609-96; 86.609-97; 86.609-98; 86.1009-84; 86.1009-96; 86.1442; 86.1708-99; 86.1709-99; 86.1710-99; 86.1728-99.</ENT> </ROW> <ROW> <ENT I="01">ASTM D5186-91, Standard Test Method for Determination of Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography</ENT> <ENT>86.1313-91, 86.1313-94, 86.1313-98.</ENT> </ROW> <ROW> <ENT I="01">ASTM D2163-91, Standard Test Method for Analysis of Liquefied Petroleum (LP) Gases and Propane Concentrates by Gas Chromatography</ENT> <ENT>86.113-94; 86.1213-94; 86.1313-94.</ENT> </ROW> <ROW> <ENT I="01">ASTM D1945-91, Standard Test Method for Analysis of Natural Gas By Gas Chromatography</ENT> <ENT>86.113-94; 86.513-94; 86.1213-94; 86.1313-94.</ENT> </ROW> <ROW> <PRTPAGE P="16"/> <ENT I="01">ASTM E29-93a, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications</ENT> <ENT>86.098-15; 86.004-15; 86.1803-01; 86.1823-01; 86.1824-01; 86.1825-01; 86.1837-01</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">SAE material.</E> The following table sets forth material from the Society of Automotive Engineers that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than § 86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from Society of Automotive Engineers International, 400 Commonwealth Dr., Warrendale, PA, 15096-0001.</P> <GPOTABLE CDEF="s25,xs50" COLS="2" OPTS="L2,p7,7/8,i1"> <BOXHD> <CHED H="1">Document No. and name</CHED> <CHED H="1">40 CFR part 86 reference</CHED> </BOXHD> <ROW> <ENT I="01">SAE J1349, June 1990, Engine Power Test Code—Spark Ignition and Compression Ignition</ENT> <ENT>86.094-8; 86.096-8</ENT> </ROW> <ROW> <ENT I="01">SAE J1850 July 1995, Class B Data Communication Network Interface </ENT> <ENT>86.099-17; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE J1877, July 1994 Recommended Practice for Bar-Coded Vehicle Identification Number Label </ENT> <ENT>86.095-35; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE J1892 October 1993, Recommended Practice for Bar-Coded Vehicle Emission Configuration Label </ENT> <ENT>86.095-35; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE J1962 January 1995, Diagnostic Connector </ENT> <ENT>86.099-17; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE J1979 July 1996, E/E Diagnostic Test Modes </ENT> <ENT>86.099-17; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE J2012 July 1996, Recommended Practice for Diagnostic Trouble Code Definitions</ENT> <ENT>86.099-17; 86.1806-01</ENT> </ROW> <ROW> <ENT I="01">SAE Recommended Practice J1151, December 1991, Methane Measurement Using Gas Chromatography, 1994 SAE Handbook—SAE International Cooperative Engineering Program, Volume 1: Materials, Fuels, Emissions, and Noise; Section 13 and page 170 (13.170)</ENT> <ENT>86.111-94; 86.1311-94.</ENT> </ROW> <ROW> <ENT I="01">SAE Recommended Practice J1937, November 1989, Engine Testing with Low Temperature Charge Air Cooler Systems in a Dynamometer Test Cell</ENT> <ENT>86.1330-84; 86.1330-90. </ENT> </ROW> </GPOTABLE> <P>(3) <E T="03">ANSI material.</E> The following table sets forth material from the American National Standards Institute that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than § 86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from the American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036.</P> <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Document number and name</CHED> <CHED H="1">40 CFR part 86 reference</CHED> </BOXHD> <ROW> <ENT I="01">ANSI/AGA NGV1-1994, Standard for Compressed Natural Gas Vehicle (NGV) Fueling Connection Devices</ENT> <ENT>86.001-9; 86.004-9; 86.098-8; 86.099-8; 86.099-9; 86.1810-01</ENT> </ROW> </GPOTABLE> <P>(4) <E T="03">California regulatory requirements.</E> The following table sets forth California regulatory requirements that have been incorporated by reference. The first column lists the name and date of the material. The second column lists the sections of the part, other than § 86.1, in which the matter is referenced. The second column is presented for information only and may not be all-inclusive. Copies of these materials may be obtained from U.S. EPA, Office of Air and Radiation, 401 M Street, S.W., Washington, DC 20460.</P> <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Document No. and name</CHED> <CHED H="1">40 CFR part 86 reference</CHED> </BOXHD> <ROW> <ENT I="01">California Regulatory Requirements Applicable to the Evaporative Emissions Program, January 4, 1995</ENT> <ENT>86.096-8; 86.096-9; 86.096-10.</ENT> </ROW> <ROW> <ENT I="01">California Regulatory Requirements Applicable to the National Low Emission Vehicle Program, October, 1996</ENT> <ENT>86.612-97; 86.1012-97; 86.1702-99; 86.1708-99; 86.1709-99; 86.1717-99; 86.1735-99; 86.1771-99; 86.1775-99; 86.1776-99; 86.1777-99; Appendix XVI; Appendix XVII.</ENT> </ROW> </GPOTABLE> <P>(5) <E T="03">ISO material.</E> The following table sets forth material from the International Organization of Standardization that has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than § 86.1, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of <PRTPAGE P="17"/>these materials may be obtained from the International Organization for Standardization, Case Postale 56, CH-1211 Geneva 20, Switzerland.</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L1,i1"> <BOXHD> <CHED H="1">Document No. and Name</CHED> <CHED H="1">40 CFR part 86 reference</CHED> </BOXHD> <ROW> <ENT I="01">ISO 9141-2 February 1994,Road vehicles—Diagnostic systems Part 2 </ENT> <ENT>86.099-17; 86.1806-01 </ENT> </ROW> </GPOTABLE> <CITA>[58 FR 16019, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993; 59 FR 48491, 59 FR 48491, Sept. 21, 1994; 59 FR 50073, Sept. 30, 1994; 60 FR 43887, Aug. 23, 1995; 61 FR 54877, Oct. 22, 1996; 62 FR 31232, June 6, 1997; 62 FR 47119, Sept. 5, 1997; 62 FR 54715, Oct. 21, 1997; 63 FR 965, Jan. 7, 1998; 63 FR 70694, Dec. 22, 1998; 64 FR 23920, May 4, 1999]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions for Emission Regulations for 1977 and Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-Duty Vehicles</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>42 FR 32907, June 28, 1977, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 86.000-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.098-2 continue to apply to 1998 and later model year vehicles. The definitions listed in this section apply beginning with the 2000 model year.</P> <P> <E T="03">AC1</E> means a test procedure as described in § 86.162-00 which simulates testing with air conditioning operating in an environmental test cell by adding the air conditioning compressor load to the normal dynamometer forces.</P> <P> <E T="03">AC2</E> means a test procedure as described in § 86.162-00 which simulates testing with air conditioning operating in an environmental test cell by adding a heat load to the passenger compartment.</P> <P> <E T="03">Alternative fuels</E> means any fuel other than gasoline and diesel fuels, such as methanol, ethanol, and gaseous fuels.</P> <P> <E T="03">866 Cycle</E> means the test cycle that consists of the last 866 seconds (seconds 505 to 1372) of the EPA Urban Dynamometer Driving Schedule, described in § 86.115-00 and listed in appendix I, paragraph (a), of this part.</P> <P> <E T="03">Environmental test cell</E> means a test cell capable of wind-speed, solar thermal load, ambient temperature, and humidity control or simulation which meets the requirements of § 86.161-00 for running emission tests with the air conditioning operating.</P> <P> <E T="03">Federal Test Procedure, or FTP</E> means the test procedure as described in § 86.130-00 (a) through (d) and (f) which is designed to measure urban driving tail pipe exhaust emissions and evaporative emissions over the Urban Dynamometer Driving Schedule as described in appendix I to this part.</P> <P> <E T="03">505 Cycle</E> means the test cycle that consists of the first 505 seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving Schedule, described in § 86.115-00 and listed in appendix I, paragraph (a), of this part.</P> <P> <E T="03">SC03</E> means the test cycle, described in § 86.160-00 and listed in appendix I, paragraph (h), of this part, which is designed to represent driving immediately following startup.</P> <P> <E T="03">Supplemental FTP, or SFTP</E> means the additional test procedures designed to measure emissions during aggressive and microtransient driving, as described in § 86.159-00 over the US06 cycle, and also the test procedure designed to measure urban driving emissions while the vehicle's air conditioning system is operating, as described in § 86.160-00 over the SC03 cycle.</P> <P> <E T="03">US06</E> means the test cycle, described in § 86.159-00 and listed in appendix I, paragraph (g), of this part, which is designed to evaluate emissions during aggressive and microtransient driving.</P> <CITA>[61 FR 54878, Oct. 22, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.000-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <P>The abbreviations in § 86.098-3 continue to apply to 1998 and later model year vehicles. The abbreviations in this section apply beginning with the 2000 model year: </P> <FP SOURCE="FP-1">A/C—Air conditioning</FP> <FP SOURCE="FP-1">FTP—Federal Test Procedure</FP> <FP SOURCE="FP-1">SFTP—Supplemental Federal Test Procedure<PRTPAGE P="18"/> </FP> <FP SOURCE="FP-1">WOT—Wide Open Throttle</FP> <CITA>[61 FR 54878, Oct. 22, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.000-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <P>Section 86.000-7 includes text that specifies requirements that differ from § 86.091-7, § 86.094-7 or § 86.096-7. Where a paragraph in § 86.091-7, § 86.094-7 or § 86.096-7 is identical and applicable to § 86.000-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.” or “[Reserved]. For guidance see § 86.096-7.”</P> <P>(a) introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.</P> <P>(a)(3) [Reserved]. For guidance see § 86.094-7.</P> <P>(b) through (c)(2) [Reserved]. For guidance see § 86.091-7.</P> <P>(c)(3) [Reserved]. For guidance see § 86.094-7.</P> <P>(c)(4) through (d)(1)(v) [Reserved]. For guidance see § 86.091-7.</P> <P>(d)(1)(vi) through (d)(2)(iv) [Reserved]. For guidance see § 86.094-7.</P> <P>(d)(3) through (g) [Reserved]. For guidance see § 86.091-7.</P> <P>(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 2000 through 2002 light-duty vehicle or light light-duty truck or model year 2002 through 2004 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:</P> <P>(i) EPA engine family;</P> <P>(ii) Vehicle identification number;</P> <P>(iii) Model year and production date;</P> <P>(iv) Shipment date;</P> <P>(v) Purchaser; and</P> <P>(vi) Purchase contract.</P> <P>(h)(2) through (h)(5) [Reserved]. For guidance see § 86.094-7.</P> <P>(h)(6) Voiding a certificate. (i) EPA may void ab initio a certificate for a vehicle certified to Tier 1 certification standards or to the respective evaporative and/or refueling test procedure and accompanying evaporative and/or refueling standards as set forth or otherwise referenced in §§ 86.000-8, 86.000-9, or 86.098-10 for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.</P> <P>(h)(6)(ii) through (h)(7)(vi) [Reserved]. For guidance see § 86.096-7.</P> <P>(h)(7)(vii) EPA evaporative/refueling family.</P> <CITA>[61 FR 54878, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54878, Oct. 22, 1996, § 86.000-7 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-8</SECTNO> <SUBJECT>Emission standards for 2000 and later model year light-duty vehicles.</SUBJECT> <P>Section 86.000-8 includes text that specifies requirements that differ from § 86.096-8 or § 86.099-8. Where a paragraph in § 86.096-8 or § 86.099-8 is identical and applicable to § 86.000-8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-8.” or “[Reserved]. For guidance see § 86.099-8.”</P> <P>(a)(1) introductory text through (a)(1)(ii)(B) [Reserved]. For guidance see § 86.096-8.</P> <P>(a)(1)(iii) through (b)(4) [Reserved]. For guidance see § 86.099-8.</P> <P>(b)(5) [Reserved]. For guidance see § 86.096-8.</P> <P>(b)(6) [Reserved]. For guidance see § 86.099-8.</P> <P>(c) [Reserved]. For guidance see § 86.096-8.</P> <P>(d) [Reserved]. For guidance see § 86.099-8.</P> <P>(e) SFTP Standards. (1) Exhaust emissions from 2000 and later model year light-duty vehicles shall meet the additional SFTP standards of table A00-2 (defined by useful life, fuel type, and test type) according to the implementation schedule in table A00-1. The standards set forth in table A00-2 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§ 86.096-8 (a)(1) introductory <PRTPAGE P="19"/>text through (a)(1)(ii)(B) and 86.099-8 (a)(1)(iii) through (a)(3):</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A00-1—Implementation Schedule for Light-Duty Vehicles for (NMHC=NO<E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Percentage</CHED> </BOXHD> <ROW> <ENT I="01">2000</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">2001</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2002</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,xs60,10,10,10,10" COLS="6" OPTS="L2,i1"> <TTITLE>Table A00-2—Useful Life Standards (G/MI) for Light-Duty Vehicles for (NMHC=NO<E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Useful life</CHED> <CHED H="1">Fuel type</CHED> <CHED H="1">NMHC=NO<E T="52">X</E> composite</CHED> <CHED H="1">CO</CHED> <CHED H="2">A/C test</CHED> <CHED H="2">US06 test</CHED> <CHED H="2">Composite option</CHED> </BOXHD> <ROW> <ENT I="01">Intermediate</ENT> <ENT>Gasoline</ENT> <ENT>0.65</ENT> <ENT>3.0</ENT> <ENT>9.0</ENT> <ENT>3.4</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>1.48</ENT> <ENT>NA</ENT> <ENT>9.0</ENT> <ENT>3.4</ENT> </ROW> <ROW> <ENT I="01">Full</ENT> <ENT>Gasoline</ENT> <ENT>0.91</ENT> <ENT>3.7</ENT> <ENT>11.1</ENT> <ENT>4.2</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>2.07</ENT> <ENT>NA</ENT> <ENT>11.1</ENT> <ENT>4.2</ENT> </ROW> </GPOTABLE> <P>(i) A minimum of the percentage shown in table A00-1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light-duty vehicles.</P> <P>(ii) Optionally, a minimum of the percentage shown in table A00-1 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2, and the light light-duty trucks shall not exceed the applicable SFTP standards in table A00-4 of § 86.000-9.</P> <P>(iii) Sales percentages for the purposes of determining compliance with this paragraph (e)(1) shall be based on total actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (e)(1)(ii) of this section is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.</P> <P>(iv) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00-1. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(2) These SFTP standards do not apply to vehicles certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.</P> <P>(3) These SFTP standards do not apply to vehicles tested at high altitude.</P> <P>(4) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.</P> <P>(5) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP <PRTPAGE P="20"/>test elements as set forth in subpart B of this part for families which are designated as SFTP compliant under the implementation schedule in table A00-1.</P> <P>(6) Small volume manufacturers, as defined in § 86.094-14(b)(1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).</P> <P>(7) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.</P> <P>(8) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.</P> <P>(9) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.</P> <P>(f) [Reserved]</P> <P>(g) through (k) [Reserved]. For guidance see § 86.096-8.</P> <CITA>[61 FR 54878, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54878, Oct. 22, 1996, § 86.000-8 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-9</SECTNO> <SUBJECT>Emission standards for 2000 and later model year light-duty trucks.</SUBJECT> <P>Section 86.000-9 includes text that specifies requirements that differ from § 86.097-9 or § 86.099-9. Where a paragraph in § 86.097-9 or § 86.099-9 is identical and applicable to § 86.000-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.”</P> <P>(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.</P> <P>(a)(1)(iv) through (b)(4) [Reserved]. For guidance see § 86.099-9.</P> <P>(b)(5) [Reserved]</P> <P>(c) [Reserved]. For guidance see § 86.097-9.</P> <P>(d) [Reserved]</P> <P>(e) <E T="03">SFTP Standards.</E> (1) Light light-duty trucks. (i) Exhaust emissions from 2000 and later model year light light-duty trucks shall meet the additional SFTP standards of table A00-4 (defined by useful life, fuel type, truck type, loaded vehicle weight (LVW), and test type) according to the implementation schedule in table A00-3. The standards set forth in table A00-4 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§ 86.097-9(a)(1) introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv) through (a)(3):</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A00-3—Implementation Schedule for Light Light-Duty Trucks for (NMHC=NO<E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Percentage</CHED> </BOXHD> <ROW> <ENT I="01">2000</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">2001</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2002</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s25,xs50,xs50,9,9,9,9,9" COLS="8" OPTS="L2,i1"> <TTITLE>Table A00-4—Useful Life Standards (G/MI) for Light Light-Duty Trucks for (NMHC=NO<E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Useful life</CHED> <CHED H="1">Fuel type</CHED> <CHED H="1">Truck type</CHED> <CHED H="1">LVW (lbs)</CHED> <CHED H="1">NMHC=NO<E T="52">X</E> Composite</CHED> <CHED H="1">CO</CHED> <CHED H="2">A/C test</CHED> <CHED H="2">US06 test</CHED> <CHED H="2">Composite option</CHED> </BOXHD> <ROW> <ENT I="01">Intermediate</ENT> <ENT>Gasoline</ENT> <ENT>LDT1</ENT> <ENT>0-3750</ENT> <ENT>0.65</ENT> <ENT>3.0</ENT> <ENT>9.0</ENT> <ENT>3.4</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT2</ENT> <ENT>3751-5750</ENT> <ENT>1.02</ENT> <ENT>3.9</ENT> <ENT>11.6</ENT> <ENT>4.4</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>LDT1</ENT> <ENT>0-3750</ENT> <ENT>1.48</ENT> <ENT>NA</ENT> <ENT>9.0</ENT> <ENT>3.4</ENT> </ROW> <ROW> <PRTPAGE P="21"/> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT2</ENT> <ENT>3751-5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> <ROW> <ENT I="01">Full</ENT> <ENT>Gasoline</ENT> <ENT>LDT1</ENT> <ENT>0-3750</ENT> <ENT>0.91</ENT> <ENT>3.7</ENT> <ENT>11.1</ENT> <ENT>4.2</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT2</ENT> <ENT>3751-5750</ENT> <ENT>1.37</ENT> <ENT>4.9</ENT> <ENT>14.6</ENT> <ENT>5.5</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>LDT1</ENT> <ENT>0-3750</ENT> <ENT>2.07</ENT> <ENT>NA</ENT> <ENT>11.1</ENT> <ENT>4.2</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT2</ENT> <ENT>3751-5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> </GPOTABLE> <P>(A) A minimum of the percentage shown in table A00-3 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable SFTP standards in table A00-4 when tested under the procedures in subpart B of this part indicated for 2000 and later model year light light-duty trucks.</P> <P>(B) Optionally, a minimum of the percentage shown in table A00-3 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable SFTP standards. Under this option, the light-duty vehicles shall not exceed the applicable SFTP standards in table A00-2 of § 86.000-8, and the light light-duty trucks shall not exceed the applicable SFTP standards in table A00-4.</P> <P>(C) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(i)(A) of this section shall be based on total actual U.S. sales of light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of § 86.097-9(a)(1)(i)(B) is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.</P> <P>(D) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A000-3. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(ii) These SFTP standards do not apply to light light-duty trucks certified on alternative fuels, but the standards do apply to the gasoline and diesel fuel operation of flexible fuel vehicles and dual fuel vehicles.</P> <P>(iii) These SFTP standards do not apply to light light-duty trucks tested at high altitude.</P> <P>(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine or emissions control hardware.</P> <P>(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test elements as set forth in subpart B of this part for engine families which are designated as SFTP compliant under the implementation schedule in table A00-3.</P> <P>(vi) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the requirements of this paragraph (e) until model year 2002, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).<PRTPAGE P="22"/> </P> <P>(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages for certification purposes.</P> <P>(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same engine families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.</P> <P>(ix) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.</P> <P>(2) Heavy light-duty trucks. (i) Exhaust emissions from 2002 and later model year heavy light-duty trucks shall meet the SFTP standards of table A00-6 (defined by useful life, fuel type, truck type, adjusted loaded vehicle weight (ALVW), and test type) according to the implementation schedule in table A00-5. The standards set forth in table A00-6 refer to exhaust emissions emitted over the Supplemental Federal Test Procedure (SFTP) as set forth in subpart B of this part and collected and calculated in accordance with those procedures. Compliance with these standards are an additional requirement to the required compliance with Tier 1 standards as defined in §§ 86.097-9(a)(1) introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv) through (a)(3):</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <TTITLE> <E T="04">Table A00-5—Implementation Schedule for Heavy Light-Duty Trucks for (NMHC=NO</E> <E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Percentage</CHED> </BOXHD> <ROW> <ENT I="01">2002</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">2003</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2004</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s25,xs50,xs50,9,9,9,9,9" COLS="8" OPTS="L2,i1"> <TTITLE>Table A00-6—Useful Life Standards (G/MI) for Heavy Light-Duty Trucks for (NMHC=NO<E T="52">X</E>) and CO</TTITLE> <BOXHD> <CHED H="1">Useful life</CHED> <CHED H="1">Fuel type</CHED> <CHED H="1">Truck type</CHED> <CHED H="1">ALVW (lbs)</CHED> <CHED H="1">NMHC=NO<E T="52">X</E> composite</CHED> <CHED H="1">CO</CHED> <CHED H="2">A/C test</CHED> <CHED H="2">US06 test</CHED> <CHED H="2">Composite option</CHED> </BOXHD> <ROW> <ENT I="01">Intermediate</ENT> <ENT>Gasoline</ENT> <ENT>LDT3</ENT> <ENT>3751-5750</ENT> <ENT>1.02</ENT> <ENT>3.9</ENT> <ENT>11.6</ENT> <ENT>4.4</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT4</ENT> <ENT> <E T="61">></E>5750</ENT> <ENT>1.49</ENT> <ENT>4.4</ENT> <ENT>13.2</ENT> <ENT>5.0</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>LDT3</ENT> <ENT>3751-5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT4</ENT> <ENT> <E T="61">></E>5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> <ROW> <ENT I="01">Full</ENT> <ENT>Gasoline</ENT> <ENT>LDT3</ENT> <ENT>3751-5750</ENT> <ENT>1.44</ENT> <ENT>5.6</ENT> <ENT>16.9</ENT> <ENT>6.4</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT4</ENT> <ENT> <E T="61">></E>5750</ENT> <ENT>2.09</ENT> <ENT>6.4</ENT> <ENT>19.3</ENT> <ENT>7.3</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Diesel</ENT> <ENT>LDT3</ENT> <ENT>3751-5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>LDT4</ENT> <ENT> <E T="61">></E>5750</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> <ENT>NA</ENT> </ROW> </GPOTABLE> <P>(A) A minimum of the percentage shown in table A00-5 of a manufacturer's sales of the applicable model year's heavy light-duty trucks shall not exceed the applicable SFTP standards in table A00-6 when tested under the procedures in subpart B of this part indicated for 2002 and later model year heavy light-duty trucks.</P> <P>(B) Sales percentages for the purposes of determining compliance with paragraph (e)(1)(ii)(A) of this section shall be based on total actual U.S. sales of heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.</P> <P>(C) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A00-5. Such petition shall be submitted within 30 days of the end of the model year to the Vehicle Programs and Compliance Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(ii) These SFTP standards do not apply to heavy light-duty trucks certified on alternative fuels, but the <PRTPAGE P="23"/>standards do apply to the gasoline fuel operation of flexible fuel vehicles and dual fuel vehicles.</P> <P>(iii) These SFTP standards do not apply to heavy light-duty trucks tested at high altitude.</P> <P>(iv) The air to fuel ratio shall not be richer at any time than the leanest air to fuel mixture required to obtain maximum torque (lean best torque), plus a tolerance of six (6) percent. The Administrator may approve a manufacturer's request for additional enrichment if it can be shown that additional enrichment is needed to protect the engine of emissions control hardware.</P> <P>(v) The requirement to use a single roll dynamometer (or a dynamometer which produces equivalent results), discussed in §§ 86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test elements for families which are designated as SFTP compliant under the implementation schedule in table A00-5.</P> <P>(vi) Small volume manufacturers, as defined in § 86.094-14(b) (1) and (2), are exempt from the requirements of paragraph (e) of this section until model year 2004, when 100 percent compliance with the standards of this paragraph (e) is required. This exemption does not apply to small volume engine families as defined in § 86.094-14(b)(5).</P> <P>(vii) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.</P> <P>(viii) A manufacturer cannot use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standard.</P> <P>(ix) The NO<E T="52">X</E> averaging program is not applicable for determining compliance with the standards of table A00-6.</P> <P>(x) Compliance with composite standards shall be demonstrated using the calculations set forth in § 86.164-00.</P> <P>(f) [Reserved]</P> <P>(g) through (k) [Reserved]. For guidance see § 86.097-9.</P> <CITA>[61 FR 54879, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54879, Oct. 22, 1996, § 86.000-9 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-16</SECTNO> <SUBJECT>Prohibition of defeat devices.</SUBJECT> <P>Section 86.000-16 includes text that specifies requirements that differ from § 86.094-16. Where a paragraph in § 86.094-16 is identical and applicable to § 86.000-16, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-16.”</P> <P>(a) through (d) introductory text [Reserved]. For guidance see § 86.094-16.</P> <P>(d)(1) The manufacturer must show to the satisfaction of the Administrator that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited during the Federal or Supplemental Federal emissions test procedures (FTP or SFTP) when the vehicle is operated under conditions which may reasonably be expected to be encountered in normal operation and use.</P> <P>(d)(2) through (d)(2)(ii) [Reserved]. For guidance see § 86.094-16.</P> <CITA>[61 FR 54881, Oct. 22, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.000-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>Section 86.000-21 includes text that specifies requirements that differ from § 86.094-21, § 86.096-21 or § 86.098-21. Where a paragraph in § 86.094-21, § 86.096-21 or § 86.098-21 is identical and applicable to § 86.000-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.” or “[Reserved]. For guidance see § 86.098-21.”</P> <P>(a) through (b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which <PRTPAGE P="24"/>attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles.</P> <P>(b)(1)(i)(C)(<E T="03">1</E>) through (b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of §§ 86.000-8 and 86.000-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.</P> <P>(b)(3) A description of the test equipment and fuel proposed to be used.</P> <P>(b)(4)(i) [Reserved]. For guidance see § 86.098-21.</P> <P>(b)(4)(ii) through (b)(5)(iv) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(5)(v) [Reserved]. For guidance see § 86.098-21.</P> <P>(b)(6) through (b)(8) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(9) through (b)(10)(iii) [Reserved]. For guidance see § 86.098-21.</P> <P>(c) through (j) [Reserved]. For guidance see § 86.094-21.</P> <P>(k) and (l) [Reserved]. For guidance see § 86.096-21.</P> <CITA>[61 FR 54882, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54882, Oct. 22, 1996, § 86.000-21 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <P>Section 86.000-23 includes text that specifies requirements that differ from § 86.095-23 or § 86.098-23. Where a paragraph in § 86.095-23 or § 86.098-23 is identical and applicable to § 86.000-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.” or “[Reserved]. For guidance see § 86.098-23.”</P> <P>(a) through (b)(1)(ii) [Reserved]. For guidance see § 86.095-23.</P> <P>(b)(2) [Reserved]. For guidance see § 86.098-23.</P> <P>(b)(3) through (b)(4)(ii) [Reserved]. For guidance see § 86.095-23.</P> <P>(b)(4)(iii) [Reserved]. For guidance see § 86.098-23.</P> <P>(c) through (e)(1) [Reserved]. For guidance see § 86.095-23.</P> <P>(e)(2) through (e)(3) [Reserved]. For guidance see § 86.098-23.</P> <P>(f) through (k) [Reserved]. For guidance see § 86.095-23.</P> <P>(l) Additionally, manufacturers certifying vehicles shall submit for each model year 2000 through 2002 light-duty vehicle and light light-duty truck engine family and each model year 2002 through 2004 heavy light-duty truck engine family the information listed in paragraphs (l) (1) and (2) of this section.</P> <P>(1) Application for certification. In the application for certification, the manufacturer shall submit the projected sales volume of engine families certifying to the respective standards. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.</P> <P>(2) End-of-year reports for each engine family.</P> <P>(i) These end-of-year reports shall be submitted within 90 days of the end of the model year to: Director, Vehicle Programs and Compliance Division, U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC, 20460.</P> <P>(ii) These reports shall indicate the model year, engine family, and the actual U.S. sales volume. The manufacturer may petition the Administrator to allow volume produced for U.S. sale to be used in lieu of U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that production volume is functionally equivalent to sales volume.</P> <P>(iii) The U.S. sales volume for end-of-year reports shall be based on the location of the point of sale to a dealer, distributor, fleet operator, broker, or any <PRTPAGE P="25"/>other entity which comprises the point of first sale.</P> <P>(iv) Failure by a manufacturer to submit the end-of-year report within the specified time may result in certificate(s) for the engine family(ies) certified to Tier 1 certification standards being voided ab initio plus any applicable civil penalties for failure to submit the required information to the Agency.</P> <P>(v) These reports shall include the information required under § 86.000-7(h)(1). The information shall be organized in such a way as to allow the Administrator to determine compliance with the SFTP standards implementation schedules of §§ 86.000-8 and 86.000-9.</P> <P>(m) [Reserved]. For guidance see § 86.098-23.</P> <CITA>[61 FR 54882, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54882, Oct. 22, 1996, § 86.000-23 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-24</SECTNO> <SUBJECT> Test vehicles and engines.</SUBJECT> <P>Section 86.000-24 includes text that specifies requirements that differ from § 86.096-24 or § 86.098-24. Where a paragraph in § 86.096-24 or § 86.098-24 is identical and applicable to § 86.000-24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-24.” or “[Reserved]. For guidance see § 86.098-24.”</P> <P>(a) introductory text through (a)(4) [Reserved]. For guidance see § 86.096-24.</P> <P>(a)(5) through (a)(7) [Reserved]. For guidance see § 86.098-24.</P> <P>(a)(8) through (b)(1) introductory text [Reserved]. For guidance see § 86.096-24.</P> <P>(b)(1)(i) Vehicles are chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle is selected. If air conditioning is projected to be available on any vehicles within the engine family, the Administrator will limit selections to engine codes which have air conditioning available and will require that any vehicle selected under this section has air conditioning installed and operational. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family which meets the air conditioning eligibility requirement discussed earlier in this section. If more than one vehicle meets this criterion, then within that vehicle grouping, the Administrator selects, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration.</P> <P>(ii) The Administrator selects one additional test vehicle from within each engine family. The additional vehicle selected is the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. The selected vehicle will include an air conditioning engine code unless the Administrator chooses a worst vehicle configuration that is not available with air conditioning. If all vehicles within the engine family are similar, the Administrator may waive the requirements of this paragraph.</P> <P>(b)(1)(iii) through (b)(1)(vi) [Reserved]. For guidance see § 86.096-24.</P> <P>(b)(1)(vii)(A) through (b)(1)(viii)(A) [Reserved]. For guidance see § 86.098-24.</P> <P>(b)(1)(viii)(B) through (e)(2) [Reserved]. For guidance see § 86.096-24.</P> <P>(f) [Reserved]. For guidance see § 86.098-24.</P> <P>(g)(1) through (g)(2) [Reserved]. For guidance see § 86.096-24.</P> <P>(g)(3) Except for air conditioning, where it is expected that 33 percent or less of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item may not be installed on any emission data vehicle or durability data vehicle of that carline within that engine-system combination, unless that item is standard equipment on that vehicle or specifically required by the Administrator.</P> <P>(4) Air conditioning must be installed and operational on any emission data vehicle of any vehicle configuration that is projected to be available with air conditioning regardless of the rate of installation of air conditioning within the carline. Section 86.096-24(g) (1) <PRTPAGE P="26"/>and (2) and paragraph (g)(3) of this section will be used to determine whether the weight of the air conditioner will be included in equivalent test weight calculations for emission testing.</P> <P>(h) [Reserved]. For guidance see § 86.096-24.</P> <CITA>[61 FR 54882, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54882, Oct. 22, 1996, § 86.000-24 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-25</SECTNO> <SUBJECT> Maintenance.</SUBJECT> <P>Section 86.000-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.000-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”</P> <P>(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.</P> <P>(a)(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.</P> <P>(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(3)(vi)(E) through (b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.</P> <P>(b)(3)(vii) through (b)(6)(i)(E) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(6)(i)(F) [Reserved]. For guidance see § 86.098-25.</P> <P>(b)(6)(i)(G) through (H) [Reserved]. For guidance see § 86.094-25.</P> <P>(i) When air conditioning SFTP exhaust emission tests are required, the manufacturer must document that the vehicle's air conditioning system is operating properly and that system parameters are within operating design specifications prior to test. Required air conditioning system maintenance is performed as unscheduled maintenance and does not require the Administrator's approval.</P> <CITA>[61 FR 54883, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54883, Oct. 22, 1996, § 86.000-25 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <P>Section 86.000-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26, § 86.096-26 or § 86.098-26. Where a paragraph in § 86.094-26, § 86.095-26, § 86.096-26 or § 86.098-26 is identical and applicable to § 86.000-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.” or “[Reserved]. For guidance see § 86.098-26.”</P> <P>(a)(1) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(2) The standard method of whole-vehicle service accumulation for durability data vehicles and for emission data vehicles shall be mileage accumulation using the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.</P> <P>(3) Emission data vehicles. Unless otherwise provided for in § 86.000-23(a), emission-data vehicles shall be operated and tested as described in paragraph (a)(3)(i)(A) of this section; § 86.094-26(a)(3)(i)(B) and (D), § 86.098-26(a)(3)(i)(C) and (a)(3)(ii)(C), and § 86.094-26(a)(3)(ii) (A), (B) and (D).<PRTPAGE P="27"/> </P> <P>(i) Otto-cycle. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission-data vehicle selections under § 86.000-24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with § 86.000-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with 40 CFR 600.006-87(c). Complete exhaust (FTP and SFTP tests), evaporative and refueling (if required) emission tests shall be conducted for each emission-data vehicle selection under § 86.000-24(b)(1). The Administrator may determine under § 86.000-24(f) that no testing is required.</P> <P>(a)(3)(i)(B) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(3)(i)(C) [Reserved]. For guidance see § 86.098-26.</P> <P>(a)(3)(i)(D) through (a)(3)(ii)(B)[Reserved]. For guidance see § 86.094-26.</P> <P>(a)(3)(ii)(C) [Reserved]. For guidance see § 86.098-26.</P> <P>(a)(3)(ii)(D) through (a)(4)(i)(B)(<E T="03">4</E>)[Reserved]. For guidance see § 86.094-26.</P> <P>(a)(4)(i)(C) Complete exhaust emission tests shall be made at nominal test point mileage intervals that the manufacturer determines. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for aggressive driving (US06) and air conditioning (SC03) test cycle results, tail pipe exhaust emission deterioration factors are determined from only FTP test cycle data. At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at the mileage accumulation endpoint determined in § 86.094-26 (a)(4)(i) (A) or (B), whichever is applicable.</P> <P>(a)(4)(i)(D) through (a)(6)(ii) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(6)(iii) The results of all emission tests shall be rounded to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(a)(7) through (a)(9)(i) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(9)(ii) The test procedures in §§ 86.106 through 86.149 and § 86.158 will be followed by the Administrator. The Administrator may test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.</P> <P>(a)(9)(iii) through (b)(2) introductory text [Reserved]. For guidance see § 86.094-26.</P> <P>(b)(2)(i) This paragraph (b)(2)(i) applies to service accumulation conducted under the Standard Self-Approval Durability Program of § 86.094-13(f). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. Service accumulation under the Standard Self-Approval Durability Program is conducted on vehicles, engines, subsystems, or components selected by the manufacturer under § 86.000-24(c)(2)(i).</P> <P>(ii) This paragraph (b)(2)(ii) applies to service accumulation conducted under the Alternative Service Accumulation Durability Program of § 86.094-13(e). The service accumulation method is developed by the manufacturer to be <PRTPAGE P="28"/>consistent with good engineering practice and to accurately predict the deterioration of the vehicle's emissions in actual use over its full useful life. The method is subject to advance approval by the Administrator and to verification by an in-use verification program conducted by the manufacturer under § 86.094-13(e)(5).</P> <P>(b)(2)(iii) through (b)(4)(i)(C) [Reserved]. For guidance see § 86.094-26.</P> <P>(b)(4)(i)(D) through (b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.</P> <P>(b)(4)(iii) [Reserved].</P> <P>(b)(4)(iv) through (c)(3) [Reserved]. For guidance see § 86.094-26.</P> <P>(c)(4) [Reserved]. For guidance see § 86.096-26.</P> <P>(d) introductory text through (d)(2)(i) [Reserved]. For guidance see § 86.094-26.</P> <P>(d)(2)(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1), to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.</P> <P>(d)(3) through (d)(6) [Reserved]. For guidance see § 86.094-26.</P> <CITA>[61 FR 54883, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54883, Oct. 22, 1996, § 86.000-26 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.000-28</SECTNO> <SUBJECT> Compliance with emission standards.</SUBJECT> <P>Section 86.000-28 includes text that specifies requirements that differ from § 86.094-28 or § 86.098-28. Where a paragraph in § 86.094-28 or § 86.098-28 is identical and applicable to § 86.000-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.”</P> <P>(a)(1) This paragraph (a) applies to light duty vehicles.</P> <P>(2) Each exhaust, evaporative and refueling emission standard (and family particulate emission limits, as appropriate) of § 86.000-8 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.000-2 and 86.000-8.</P> <P>(a)(3) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4) Introductory text [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(i) Separate emission deterioration factors for each regulated exhaust constituent shall be determined from the FTP exhaust emission results of the durability-data vehicle(s) for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable FTP deterioration factors will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. Separate evaporative and/or refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (gasoline-fueled and methanol-fueled vehicles only). Separate refueling emission deterioration factors shall be determined for each evaporative/refueling emission family-emission control system combination from the testing conducted by the manufacturer (petroleum-fueled diesel cycle vehicles not certified under the provisions of § 86.098-28(g) only).</P> <P>(a)(4)(i)(A) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">i</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">ii</E>) These interpolated values shall be carried out to a minimum of four places to the right of the decimal point before dividing one by the other to determine the deterioration factor. The results shall be rounded to three places to the right of the decimal point in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iii</E>) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iv</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(C) through (a)(4)(i)(D)(<E T="03">2</E>) [Reserved]. For guidance see § 86.098-28.<PRTPAGE P="29"/> </P> <P>(a)(4)(ii)(A)(<E T="03">1</E>) The official exhaust emission test results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be multiplied by the appropriate deterioration factor: <E T="03">Provided</E>, that if a deterioration factor as computed in paragraph (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">ii</E>) of this section is less than one, that deterioration factor shall be one for the purposes of this paragraph. For the SFTP composite standard of (NMHC=NO<E T="52">X</E>), the measured results of NMHC and NO<E T="52">X</E> must each be multiplied by their corresponding deterioration factors before the composite (NMHC=NO<E T="52">X</E>) standard is calculated.</P> <P>(<E T="03">2</E>) The calculation specified in paragraph (a)(4)(ii)(A)(<E T="03">1</E>) of this section may be modified with advance approval of the Administrator for engine-system combinations which are certified under the Alternative Service Accumulation Durability Program specified in § 86.094-13(e).</P> <P>(a)(4)(ii)(B) through (a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of § 86.098-28 (a)(4)(ii)(B) and (C) and paragraph (a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For the SFTP composite (NMHC=NO<E T="52">X</E>) results, the individual deterioration factors must be applied to the applicable NMHC and NO<E T="52">X</E> test results prior to calculating the adjusted composite (NMHC=NO<E T="52">X</E>) level that is compared with the standard. The additional composite calculations that are required by the SFTP are discussed in § 86.164-00 (Supplemental federal test procedure calculations). Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate), it shall be rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1). The rounded emission values may not exceed the standard (or the family particulate emission limit, as appropriate).</P> <P>(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(v) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(5) through (a)(6) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(7)(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability data vehicles for each emission standard applicable under § 86.000-8, for each engine family group. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels. The evaporative and/or refueling emission deterioration factors for each evaporative/refueling family will be determined and applied in accordance with § 86.098-28 (a)(4) introductory text, (a)(4)(i)(C) and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and § 86.094-28 (a)(4)(i)(A) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">i</E>), (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iii</E>) and (<E T="03">iv</E>), and (a)(4)(iv) and paragraphs (a)(4) (i) introductory, (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">ii</E>), (a)(4)(ii)(A), and (a)(4)(iii) of this section.</P> <P>(a)(7)(ii) through (b)(4)(i) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(4)(ii) Separate exhaust emission deterioration factors for each regulated exhaust constituent, determined from tests of vehicles, engines, subsystems, or components conducted by the manufacturer, shall be supplied for each standard and for each engine-system combination. Unless the Administrator approves a manufacturer's request to develop specific deterioration factors for US06 and air conditioning (SC03) test results, applicable deterioration factors determined from FTP exhaust emission results will also be used to estimate intermediate and full useful life emissions for all SFTP regulated emission levels.</P> <P>(iii) The official exhaust emission results for each applicable exhaust emission standard for each emission data vehicle at the selected test point shall be adjusted by multiplication by the <PRTPAGE P="30"/>appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph (b)(4)(iii).</P> <P>(iv) The emissions to compare with the standard(s) (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraph (b)(4)(iii) of this section for each emission-data vehicle. For the SFTP composite (NMHC=NO<E T="52">X</E>) results, the individual deterioration factors must be applied to the applicable NMHC and NO<E T="52">X</E> test results prior to calculating the adjusted composite (NMHC=NO<E T="52">X</E>) level that is compared with the standard. The additional composite calculations that are required by the SFTP are discussed in § 86.164-00 (Supplemental federal test procedure calculations). Before any emission value is compared with the standard, it shall be rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only to manufacturers electing to participate in the particulate averaging program.</P> <P>(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.</P> <P>(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1), must comply with the particulate standards in § 86.099-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate standard as defined in § 86.094-2, as appropriate, at the end of the product year.</P> <P>(ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to manufacturers electing to participate in the NO<E T="52">X</E> averaging program.</P> <P>(A) If a manufacturer chooses to change the level of any family NO<E T="52">X</E> emission limit(s), compliance with the new limit(s) must be based upon existing certification data.</P> <P>(B) The production-weighted average of the family FTP NO<E T="52">X</E> emission limits of all applicable engine families, rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1), must comply with the NO<E T="52">X</E> standards of § 86.099-9(a)(1)(iii) (A) or (B), or the composite NO<E T="52">X</E> standard as defined in § 86.094-2, at the end of the product year.</P> <P>(b)(6) [Reserved]</P> <P>(b)(7)(i) through (b)(7)(iii) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(7)(iv) The emission value for each evaporative emission data vehicle to compare with the standards shall be the adjusted emission value of § 86.094-28 (b)(7)(iii) rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(b)(8) through (c)(4)(iii)(B)(<E T="03">3</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(c)(4)(iv) The emission values for each emission data engine to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of § 86.094-28 (c)(4)(iii), rounded to the same number of significant figures as contained in the applicable standard in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(c)(5) through (d)(4) [Reserved]. For guidance see § 86.094-28.</P> <P>(d)(5) The emission level to compare with the standard shall be the adjusted emission level of § 86.094-28 (d)(4). Before any emission value is compared with the standard it shall be rounded to two significant figures, in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard <PRTPAGE P="31"/>Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1). The rounded emission values may not exceed the standard.</P> <P>(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.</P> <P>(e) through (h) [Reserved]. For guidance see § 86.098-28.</P> <CITA>[61 FR 54884, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54884, Oct. 22, 1996, § 86.000-28 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>(a) The provisions of this subpart generally apply to 2001 and later model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph. The provisions of this subpart continue to generally apply to 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty vehicles and 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty trucks produced. Provisions generally applicable to all 2001 and later model year new Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later model year new Otto-cycle and diesel-cycle light-duty trucks are located in Subpart S of this part.</P> <P>(b) <E T="03">Optional applicability.</E> A manufacturer may request to certify any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions located in Subpart S of this Part. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.</P> <P>(c)-(d) [Reserved]</P> <P>(e) <E T="03">Small volume manufacturers.</E> Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines in its product line (including all vehicles and engines imported under the provisions of §§ 85.1505 and 85.1509 of this chapter) are fewer than 10,000 units for the model year in which the manufacturer seeks certification. To certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility criteria specified in § 86.092-14(b) before the Administrator's approval will be granted. The small-volume manufacturer's certification procedures are described in § 86.092-14.</P> <P>(f) <E T="03">Optional procedures for determining exhaust opacity.</E> (1) The provisions of subpart I of this part apply to tests which are performed by the Administrator, and optionally, by the manufacturer.</P> <P>(2) Measurement procedures, other than those described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.091-23(f).</P> <P>(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.</P> <P>(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.</P> <CITA>[64 FR 23920, May 4, 1999]</CITA> </SECTION> <SECTION> <PRTPAGE P="32"/> <SECTNO>§ 86.001-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.000-2 continue to apply to 2000 and later model year vehicles. The definitions listed in this section apply beginning with the 2001 model year.</P> <P> <E T="03">Useful life</E> means:</P> <P>(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.</P> <P>(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.</P> <P>(3) For an Otto-cycle heavy-duty engine family:</P> <P>(i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles, whichever occurs first.</P> <P>(4) For a diesel heavy-duty engine family:</P> <P>(i) For light heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(ii) For light heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 185,000 miles, whichever first occurs.</P> <P>(iv) For medium heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 185,000 miles, whichever first occurs.</P> <P>(v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon monoxide, and particulate standards, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (4)(vii) of this definition.</P> <P>(vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen standard, a period of use of 10 years or 290,000 miles, whichever first occurs.</P> <P>(vii) For heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.</P> <CITA>[59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.001-9</SECTNO> <SUBJECT>Emission standards for 2001 and later model year light-duty trucks</SUBJECT> <P>Section 86.001-9 includes text that specifies requirements that differ from § 86.097-9, § 86.099-9 or § 86.000-9. Where a paragraph in § 86.097-9, § 86.099-9 or § 86.000-9 is identical and applicable to § 86.001-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.” or “[Reserved]. For guidance see § 86.000-9.”</P> <P>(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.</P> <P>(a)(1)(iv) through (b)(4) [Reserved]. For guidance see § 86.099-9.</P> <P>(b)(5) [Reserved]</P> <P>(b)(6) Vehicles certified to the refueling standards set forth in paragraph (d) <PRTPAGE P="33"/>of this section are not required to demonstrate compliance with the fuel dispensing spitback standards contained in § 86.096-9 (b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements of § 86.001-28(f).</P> <P>(c) [Reserved]. For guidance see § 86.097-9.</P> <P>(d) Refueling emissions from 2001 and later model year gasoline-fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light duty trucks of 6,000 pounds or less GVWR shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.</P> <P>(1) Standards—(i) Hydrocarbons (for gasoline-fueled Otto-cycle and petroleum-fueled diesel-cycle vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.</P> <P>(ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.</P> <P>(iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.</P> <P>(iv) Refueling receptacle (for natural gas-fueled vehicles). Refueling receptacles on natural gas-fueled vehicles shall comply with the receptacle provisions of the ANSI/AGA NGV1-1994 standard (as incorporated by reference in § 86.1).</P> <P>(2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of this section refer to a sample of refueling emissions collected under the conditions as set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(ii) For vehicles powered by petroleum-fueled diesel-cycle engines, the provisions set forth in paragraph (d)(1)(i) of this section may be waived: Provided, that the manufacturer complies with the provisions of § 86.001-28(f).</P> <P>(3) A minimum of the percentage shown in table A01-09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,000 pounds or less GVWR shall be tested under the procedures in subpart B of this part indicated for 2001 and later model years, and shall not exceed the standards described in paragraph (d)(1) of this section. Vehicles certified in accordance with paragraph (d)(2)(ii) of this section, as determined by the provisions of § 86.001-28(g), shall not be counted in the calculation of the percentage of compliance:</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A01-09—Implementation Schedule for Light-Duty Truck Refueling Emission Testing</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Sales<LI>percentage</LI> </CHED> </BOXHD> <ROW> <ENT I="01">2001</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">2002</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2003 and subsequent</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <P>(e) [Reserved]. For guidance see § 86.000-9.</P> <P>(f) [Reserved]</P> <P>(g) through (k) [Reserved]. For guidance see § 86.097-9.</P> <CITA>[61 FR 54886, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54886, Oct. 22, 1996, § 86.001-9 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>Section 86.001-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.001-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.”</P> <P>(a) through (b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 <PRTPAGE P="34"/>(aggressive driving) and SC03 (air conditioning) test cycles.</P> <P>(b)(1)(i)(C)(<E T="03">1</E>) through (b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of § 86.000-8 and 86.000-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales.</P> <P>(b)(3) A description of the test equipment and fuel proposed to be used.</P> <P>(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2).</P> <P>(b)(4)(ii) through (b)(5)(iv) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.</P> <P>(b)(6) through (b)(8) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.</P> <P>(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:</P> <P>(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);</P> <P>(ii) Canister bed volume; and</P> <P>(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).</P> <P>(c) through (j) [Reserved]. For guidance see § 86.094-21.</P> <P>(k) and (l) [Reserved]. For guidance see § 86.096-21.</P> <CITA>[61 FR 54886, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54886, Oct. 22, 1996, § 86.001-21 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <P>Section 86.001-22 includes text that specifies requirements that differ from § 86.094-22. Where a paragraph in § 86.094-22 is identical and applicable to § 86.001-22, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-22.”.</P> <P>(a) through (c) [Reserved]. For guidance see § 86.094-22.</P> <P>(d) <E T="03">Approval of test procedures.</E> (1) The Administrator does not approve the test procedures for establishing the evaporative or refueling emission deterioration factors for light-duty vehicles and light-duty trucks. The manufacturer shall submit the procedures as required in § 86.098-21(b)(4)(i) prior to the Administrator's selection of the test fleet under § 86.098-24(b)(1), and if such procedures will involve testing of durability data vehicles selected by the Administrator or elected by the manufacturer under § 86.098-24(c)(1), prior to initiation of such testing.</P> <P>(d)(2) through (g) [Reserved]. For guidance see § 86.094-22.</P> <CITA>[59 FR 16283, Apr. 6, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.001-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <P>Section 86.001-23 includes text that specifies requirements that differ from § 86.095-23, § 86.098-23 or § 86.000-23. <PRTPAGE P="35"/>Where a paragraph in § 86.095-23, § 86.098-23 or § 86.000-23 is identical and applicable to § 86.001-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-23.” or “[Reserved]. For guidance see § 86.098-23.” or “[Reserved]. For guidance see § 86.000-23.”</P> <P>(a) through (b)(1) [Reserved]. For guidance see § 86.098-23.</P> <P>(b)(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission and/or refueling emission deterioration factors for each evaporative/refueling emission family-emission control system combination and all test data that are derived from testing described under § 86.001-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.001-30 will meet the evaporative and/or refueling emission standards in § 86.099-8 or § 86.001-9, as appropriate, for the useful life of the vehicle.</P> <P>(b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23.</P> <P>(c)(1) [Reserved]. For guidance see § 86.095-23.</P> <P>(c)(2) through (e)(1) [Reserved]. For guidance see § 86.098-23.</P> <P>(e)(2) For evaporative and refueling emissions durability, or light-duty truck or HDE exhaust emissions durability, a statement of compliance with paragraph (b)(2) of this section or § 86.098-23 (b)(1)(ii), (b)(3), or (b)(4) as applicable.</P> <P>(3) For certification of vehicles with non-integrated refueling systems, a statement that the drivedown used to purge the refueling canister was the same as described in the manufacturer's application for certification. Furthermore, a description of the procedures used to determine the number of equivalent UDDS miles required to purge the refueling canisters, as determined by the provisions of § 86.001-21(b)(5)(v) and subpart B of this part. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request.</P> <P>(f)-(g) [Reserved]. For guidance see § 86.095-23.</P> <P>(h)-(m) [Reserved]. For guidance see § 86.098-23.</P> <CITA>[61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54887, Oct. 22, 1996, § 86.001-23 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <P>Section 86.001-24 includes text that specifies requirements that differ from § 86.096-24, § 86.098-24 or § 86.000-24. Where a paragraph in § 86.096-24, § 86.098-24 or § 86.000-9 is identical and applicable to § 86.001-24, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-24.” or “[Reserved]. For guidance see § 86.098-24.” or “[Reserved]. For guidance see § 86.000-24.”</P> <P>(a) through (a)(4) [Reserved]. For guidance see § 86.096-24.</P> <P>(a)(5) through (a)(7) [Reserved]. For guidance see § 86.098-24.</P> <P>(a)(8) through (b)(1) introductory text [Reserved]. For guidance see § 86.096-24.</P> <P>(b)(1)(i) through (b)(1)(ii) [Reserved]. For guidance see § 86.000-24.</P> <P>(b)(1)(iii) through (b)(1)(vi) [Reserved]. For guidance see § 86.096-24.</P> <P>(b)(1)(vii)(A) through (b)(1)(viii)(A) [Reserved]. For guidance see § 86.098-24.</P> <P>(b)(1)(viii)(B) through (e)(2) [Reserved]. For guidance see § 86.096-24.</P> <P>(f) Carryover and carryacross of durability and emission data. In lieu of testing an emission-data or durability vehicle (or engine) selected under § 86.096-24(b)(1) introductory text, (b)(1)(iii) through (b)(1)(vi) and § 86.000-24(b)(1)(i) through (b)(1)(ii) and § 86.098-24(b)(1)(vii)(A) through (b)(1)(viii)(A) or § 86.096-24(c), and submitting data therefor, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle (or engine) for which certification has been obtained or for which all applicable data required under § 86.001-23 has previously been submitted.<PRTPAGE P="36"/> </P> <P>(g)(1) through (g)(2) [Reserved]. For guidance see § 86.096-24.</P> <P>(g)(3) through (g)(4) [Reserved]. For guidance see § 86-000-24.</P> <P>(h) [Reserved]. For guidance see § 86.096-24.</P> <CITA>[61 FR 54887, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54887, Oct. 22, 1996, § 86.001-24 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-25</SECTNO> <SUBJECT> Maintenance.</SUBJECT> <P>Section 86.001-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.001-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”</P> <P>(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.</P> <P>(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.</P> <P>(b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(3)(vi)(E) through (b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.</P> <P>(b)(3)(vii) through (b)(6)(i)(E) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(6)(i)(F) [Reserved]. For guidance see § 86.098-25.</P> <P>(b)(6)(i)(G) through (H) [Reserved]. For guidance see § 86.094-25.</P> <P>(i) [Reserved]. For guidance see § 86.000-25.</P> <CITA>[61 FR 54887, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54887, Oct. 22, 1996, § 86.001-25 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <P>Section 86.001-26 includes text that specifies requirements that differ from § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26 or § 86.000-26. Where a paragraph in § 86.094-26, § 86.095-26, § 86.096-26, § 86.098-26 or § 86.000-26 is identical and applicable to § 86.001-26, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-26.” or “[Reserved]. For guidance see § 86.095-26.” or “[Reserved]. For guidance see § 86.096-26.” or “[Reserved]. For guidance see § 86.098-26.” or “[Reserved]. For guidance see § 86.000-26.”</P> <P>(a)(1) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(2) through (a)(3)(i)(A) [Reserved]. For guidance see § 86.000-26.</P> <P>(a)(3)(i)(B) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(3)(i)(C) [Reserved]. For guidance see § 86.098-26.</P> <P>(a)(3)(i)(D) through (a)(3)(ii)(B) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(3)(ii)(C) [Reserved]. For guidance see § 86.098-26.</P> <P>(a)(3)(ii)(D) through (a)(4)(i)(B)(<E T="03">4</E>) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(4)(i)(C) [Reserved]. For guidance see § 86.000-26.</P> <P>(a)(4)(i)(D) through (a)(6)(ii) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(6)(iii) [Reserved]. For guidance see § 86.000-26.</P> <P>(a)(7) through (a)(9)(i) [Reserved]. For guidance see § 86.094-26.</P> <P>(a)(9)(ii) [Reserved]. For guidance see § 86.000-26.</P> <P>(a)(9)(iii) through (b)(2) introductory text [Reserved]. For guidance see § 86.094-26.</P> <P>(b)(2)(i) through (b)(2)(ii) [Reserved]. For guidance see § 86.000-26.</P> <P>(b)(2)(iii) [Reserved]. For guidance see § 86.094-26.</P> <P>(b)(2)(iv) Service or mileage accumulation which may be part of the test procedures used by the manufacturer to establish evaporative and/or refueling emission deterioration factors.</P> <P>(b)(3) through (b)(4)(i)(B) [Reserved]. For guidance see § 86.094-26.</P> <P>(b)(4)(i)(C) Exhaust, evaporative and/or refueling emission tests for emission-data vehicle(s) selected for testing under § 86.096-24(b)(1)(ii), (iii) or (iv)(A) <PRTPAGE P="37"/>or § 86.098-24(b)(1)(vii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.</P> <P>(b)(4)(i)(D) through (b)(4)(ii)(B) [Reserved]. For guidance see § 86.095-26.</P> <P>(b)(4)(ii)(C) Exhaust, evaporative and/or refueling emission tests for emission data vehicle(s) selected for testing under § 86.094-24(b)(1)(ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.</P> <P>(b)(4)(ii)(D) [Reserved]. For guidance see § 86.095-26.</P> <P>(b)(4)(iii) [Reserved]</P> <P>(b)(4)(iv) through (c)(3) [Reserved]. For guidance see § 86.094-26.</P> <P>(c)(4) [Reserved]. For guidance see § 86.096-26.</P> <P>(d) through (d)(2)(i) [Reserved]. For guidance see § 86.094-26.</P> <P>(d)(2)(ii) [Reserved]. For guidance see § 86.000-26.</P> <P>(d)(3) through (d)(6) [Reserved]. For guidance see § 86.094-26.</P> <CITA>[61 FR 54888, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54888, Oct. 22, 1996, § 86.001-26 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <P>Section 86.001-28 includes text that specifies requirements that differ from § 86.094-28, § 86.098-28 or § 86.000-28. Where a paragraph in § 86.094-28, § 86.098-28 or § 86.000-28 is identical and applicable to § 86.001-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.” or “[Reserved]. For guidance see § 86.000-28.”</P> <P>(a)(1) through (a)(2) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(3) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(i) introductory text [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(i)(A) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">i</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">ii</E>) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iii</E>) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iv</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(C) through (a)(4)(i)(D)(<E T="03">2</E>) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(ii)(A)(<E T="03">1</E>) through (a)(4)(ii)(A)(<E T="03">2</E>) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(ii)(B) through (a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(iii) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(v) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(5) through (a)(6) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(7)(i) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(7)(ii) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(1) This paragraph (b) applies to light-duty trucks.</P> <P>(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of § 86.001-9 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.098-2 and 86.001-9.</P> <P>(b)(3) through (b)(4)(i) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(4)(ii) through (b)(6) [Reserved]. For guidance see § 86.000-28.</P> <P>(b)(7)(i) This paragraph (b)(7) describes the procedure for determining compliance of a new vehicle with evaporative emission standards. The procedure described here shall be used for all vehicles in applicable model years.</P> <P>(ii) The manufacturer shall determine, based on testing described in § 86.001-21(b)(4)(i)(A), and supply an evaporative emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from <PRTPAGE P="38"/>the emission level at the useful life point.</P> <P>(iii) The official evaporative emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(7)(iii).</P> <P>(iv) The evaporative emission value for each emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(8)(i) This paragraph (b)(8) describes the procedure for determining compliance of a new vehicle with refueling emission standards. The procedure described here shall be used for all applicable vehicles in the applicable model years.</P> <P>(ii) The manufacturer shall determine, based on testing described in § 86.001-21(b)(4)(i)(B), and supply a refueling emission deterioration factor for each evaporative/refueling emission family-emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.</P> <P>(iii) The official refueling emission test results for each evaporative/refueling emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph (b)(8)(iii).</P> <P>(iv) The emission value for each evaporative emission-data vehicle to compare with the standards shall be the adjusted emission value of paragraph (b)(8)(iii) of this section rounded to two significant figures in accordance with the Rounding-Off Method specified in ASTM E29-90, Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications (incorporated by reference; see § 86.1).</P> <P>(9) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in § 86.000-28(b)(4)(iv) and paragraphs (b)(7)(iv) and (b)(8)(iv) of this section, before any vehicle in that family will be certified.</P> <P>(c) Introductory text through (c)(4)(iii)(B)(<E T="03">3</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(c)(4)(iv) [Reserved]. For guidance see § 86.000-28.</P> <P>(c)(5) through (d)(4) [Reserved]. For guidance see § 86.094-28.</P> <P>(d)(5) through (d)(6) [Reserved]. For guidance see § 86.000-28.</P> <P>(e) [Reserved]</P> <P>(f) Fuel dispensing spitback testing waiver. (1) Vehicles certified to the refueling emission standards set forth in § 86.098-8, 86.099-8 and 86.001-9 are not required to demonstrate compliance with the fuel dispensing spitback standards contained in these sections: Provided, that—</P> <P>(i) The manufacturer certifies that the vehicle inherently meets the Dispensing Spitback Standard as part of compliance with the refueling emission standard.</P> <P>(ii) This certification is provided in writing and applies to the full useful life of the vehicle.</P> <P>(2) EPA retains the authority to require testing to enforce compliance and to prevent non-compliance with the Fuel Dispensing Spitback Standard.</P> <P>(g) Inherently low refueling emission testing waiver. (1) Vehicles using fuels/fuel systems inherently low in refueling emissions are not required to conduct testing to demonstrate compliance with the refueling emission standards set forth in §§ 86.098-8, 86.099-8 or 86.001-9: Provided, that—</P> <P>(i) This provision is only available for petroleum diesel fuel. It is only available if the Reid Vapor Pressure of in-use diesel fuel is equal to or less than 1 psi (7 Kpa) and for diesel vehicles whose fuel tank temperatures do not exceed 130 °F (54 °C); and<PRTPAGE P="39"/> </P> <P>(ii) To certify using this provision the manufacturer must attest to the following evaluation: “Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system.”</P> <P>(2) The certification required in paragraph (g)(1)(ii) of this section must be provided in writing and must apply for the full useful life of the vehicle.</P> <P>(3) EPA reserves the authority to require testing to enforce compliance and to prevent noncompliance with the refueling emission standard.</P> <P>(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2001, 2002 and subsequent model years.</P> <P>(h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled vehicles which contain fixed liquid level gauges or other gauges or valves which can be opened to release fuel or fuel vapor during refueling, and which are being tested for refueling emissions, are not required to be tested with such gauges or valves open, as outlined in § 86.157-98(d)(2), provided the manufacturer can demonstrate, to the satisfaction of the Administrator, that such gauges or valves would not be opened during refueling in-use due to inaccessibility or other design features that would prevent or make it very unlikely that such gauges or valves could be opened.</P> <CITA>[61 FR 54888, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54888, Oct. 22, 1996, § 86.001-28 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.001-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <P>Section 86.001-30 includes text that specifies requirements that differ from § 86.094-30, § 86.095-30 or § 86.098-30. Where a paragraph in § 86.094-30, § 86.095-30 or § 86.098-30 is identical and applicable to § 86.001-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.” or “[Reserved]. For guidance see § 86.098-30.”.</P> <P>(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(3)(i) [Reserved]. For guidance see § 86.098-30.</P> <P>(a)(3)(ii) through (a)(4)(ii) [Reserved]. For guidance see § 86.095-30.</P> <P>(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.</P> <P>(a)(4)(iv)(A) through (a)(9) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(10) and (a)(11) [Reserved]. For guidance see § 86.098-30.</P> <P>(a)(12) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(13) [Reserved]. For guidance see § 86.095-30.</P> <P>(a)(14) [Reserved]. For guidance see § 86.094-30.</P> <P>(a) (15) through (18) [Reserved]. For guidance see § 86.096-30.</P> <P>(a)(19) [Reserved]. For guidance see § 86.098-30.</P> <P>(a)(20) For all light-duty trucks certified to refueling emission standards under § 86.001-9, the provisions of paragraphs (a)(20) (i) through (iii) this section apply.</P> <P>(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.001-9 both during and after model year production.</P> <P>(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.001-9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.</P> <P>(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.</P> <P>(b)(1) introductory text through (b)(1)(i) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(1)(ii)(A) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(1)(ii)(B) The emission data vehicle(s) selected under § 86.001-24(b)(vii) (A) and (B) shall represent all vehicles <PRTPAGE P="40"/>of the same evaporative/refueling control system within the evaporative/refueling family.</P> <P>(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(1)(ii)(D) The emission-data vehicle(s) selected under § 86.098-24(b)(1)(viii) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling emission family, as applicable.</P> <P>(b)(1) (iii) and (iv) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(2) [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(3) through (b)(4)(i) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(4)(ii) introductory text [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(4)(ii)(B) through (iv) [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(5) through (e) [Reserved]. For guidance see § 86.094-30.</P> <P>(f) introductory text through (f)(3) [Reserved]. For guidance see § 86.095-30.</P> <P>(f)(4) [Reserved]. For guidance see § 86.098-30.</P> <CITA>[59 FR 16285, Apr. 6, 1994, as amended at 62 FR 54720, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.001-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <P>Section 86.001-35 includes text that specifies requirements that differ from § 86.095-35, § 86.096-35 and § 86.098-35. Where a paragraph in § 86.095-35, § 86.096-35 or § 86.098-35 is identical and applicable to § 86.001-35, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.095-35.” or [Reserved]. For guidance see § 86.096-35. or “[Reserved]. For guidance see § 86.098-28.”.</P> <P>(a) introductory text through (a)(1)(iii)(B) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(1)(iii)(C) [Reserved]. For guidance see § 86.098-35.</P> <P>(a)(1)(iii)(D) through (L) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(1)(iii)(M) [Reserved]. For guidance see § 86.098-35.</P> <P>(a)(1)(iii)(N) [Reserved]. For guidance see § 86.096-35.</P> <P>(a)(2) heading through (a)(2)(iii)(B) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(2)(iii)(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative/refueling family identification.</P> <P>(a)(2)(iii)(D) through (a)(2)(iii)(E) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(2)(iii)(F) [Reserved]</P> <P>(a)(2)(iii)(G) through (a)(2)(iii)(K) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(2)(iii)(L) [Reserved]</P> <P>(a)(2)(iii)(M) through (a)(2)(iii)(N) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(2)(iii) (O) through (P) [Reserved]. For guidance see § 86.096-35.</P> <P>(a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see § 86.095-35.</P> <P>(a)(4)(ii)(G) [Reserved]. For guidance see § 86.096-35.</P> <P>(b) through (i) [Reserved]. For guidance see § 86.095-35.</P> <CITA>[59 FR 16285, Apr. 6, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.001-2 continue to apply to 2001 and later model year vehicles. The definitions listed in this section apply beginning with the 2004 model year.</P> <P> <E T="03">Useful life</E> means:</P> <P>(1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-98, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first.</P> <P>(2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the <PRTPAGE P="41"/>evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-98, is also defined as a period of 11 years or 120,000 miles, whichever occurs first.</P> <P>(3) For an Otto-cycle HDE family:</P> <P>(i) For hydrocarbon and carbon monoxide standards, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(4) For a diesel HDE family:</P> <P>(i) For light heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs.</P> <P>(ii) For medium heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emission standards, a period of use of 10 years or 185,000 miles, whichever first occurs.</P> <P>(iii) For heavy heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 435,000 miles, or 22,000 hours, whichever first occurs, except as provided in paragraphs (4)(iv) and (4)(v) of this definition.</P> <P>(iv) The useful life limit of 22,000 hours in paragraph (4)(iii) of this definition is effective as a limit to the useful life only when an accurate hours meter is provided by the manufacturer with the engine and only when such hours meter can reasonably be expected to operate properly over the useful life of the engine.</P> <P>(v) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 10 years or 100,000 miles, the useful life shall become 10 years or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d).</P> <P>(5) As an option for both light-duty trucks under certain conditions and HDE families, an alternative useful life period may be assigned by the Administrator under the provisions of § 86.094-21(f).</P> <P> <E T="03">Warranty period,</E> for purposes of HDE emissions defect warranty and emissions performance warranty, shall be a period of 5 years/50,000 miles, whichever occurs first, for Otto-cycle HDEs and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period shall be 5 years/100,000 miles, whichever occurs first. However, in no case may this period be less than the basic mechanical warranty period that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement.</P> <CITA>[62 FR 54720, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-9</SECTNO> <SUBJECT> Emission standards for 2004 and later model year light-duty trucks.</SUBJECT> <P>Section 86.004-9 includes text that specifies requirements that differ from § 86.097-9, § 86.099-9, § 86.000-9 or § 86.001-9. Where a paragraph in § 86.097-9, § 86.099-9, § 86.000-9 or § 86.001-9 is identical and applicable to § 86.004-9, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.097-9.” or “[Reserved]. For guidance see § 86.099-9.” or “[Reserved]. For guidance see § 86.000-9.” or “[Reserved]. For guidance see § 86.001-9.”</P> <P>(a)(1) introductory text through (a)(1)(iii) [Reserved]. For guidance see § 86.097-9.</P> <P>(a)(1)(iv) through (b)(4) [Reserved]. For guidance see § 86.099-9.</P> <P>(b)(5) [Reserved]</P> <P>(b)(6) [Reserved]. For guidance see § 86.001-9.</P> <P>(c) [Reserved]. For guidance see § 86.097-9.</P> <P>(d) Refueling emissions from 2004 and later model year gasoline-fueled and <PRTPAGE P="42"/>methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.</P> <P>(d)(1) through (d)(2)(ii) [Reserved]. For guidance see § 86.001-9.</P> <P>(d)(2)(iii) Heavy-duty vehicles certified as light-duty trucks under the provisions of § 86.085-1 shall comply with the provisions of § 86.001-9 (d)(1)(i) and (ii).</P> <P>(3)(i) All light-duty trucks of a GVWR equal to 6,000 pounds or less (100%) must meet the refueling emission standard.</P> <P>(ii) A minimum of the percentage shown in table A04-09 of a manufacturer's sales of the applicable model year's gasoline- and methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled diesel-cycle light-duty trucks of 6,001 to 8,500 pounds GVWR shall be tested under the procedures in subpart B of this part indicated for 2004 and later model years, and shall not exceed the standards described in § 86.001-9 (d)(1). Vehicles certified in accordance with § 86.001-9 (d)(2)(ii), as determined by the provisions of § 86.001-28(g), shall not be counted in the calculation of the percentage of compliance:</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A04-09—Implementation Schedule for Light-Duty Truck Refueling Emission Testing</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Sales<LI>percentage</LI> </CHED> </BOXHD> <ROW> <ENT I="01">2004</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">2005</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">2006 and subsequent</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <P>(e) [Reserved]. For guidance see § 86.000-9.</P> <P>(f) [Reserved]</P> <P>(g) through (k) [Reserved]. For guidance see § 86.097-9.</P> <CITA>[61 FR 54889, Oct. 22, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54889, Oct. 22, 1996, § 86.004-9 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.004-11</SECTNO> <SUBJECT>Emission standards for 2004 and later model year diesel heavy-duty engines and vehicles.</SUBJECT> <P>(a)(1) Exhaust emissions from new 2004 and later model year diesel HDEs shall not exceed the following:</P> <P>(i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO<E T="54">X</E> = NMHC) for engines fueled with either petroleum fuel, natural gas, or liquefied petroleum gas, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO<E T="54">X</E> = NMHCE) for engines fueled with methanol, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions.</P> <P>(C) <E T="03">Optional standard.</E> Manufacturers may elect to certify to an Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour (0.93 gram per megajoule), as measured under transient operating conditions, provided that Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines), as measured under transient operating conditions.</P> <P>(D) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> plus NMHC (or NO<E T="52">X</E> plus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. Additionally, families certified to the optional standard contained in paragraph (a)(1)(i)(C) of this section shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use of credits.<PRTPAGE P="43"/> </P> <P>(E) No later than December 31, 1999, the Administrator shall review the emissions standards set forth in paragraph (a)(1)(i) of this section and determine whether these standards continue to be appropriate under the Act.</P> <P>(ii) <E T="03">Carbon monoxide.</E> (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule), as measured under transient operating conditions.</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (methanol-, natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).</P> <P>(iii) <E T="03">Particulate.</E> (A) For diesel engines to be used in urban buses, 0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for certification testing and selective enforcement audit testing, and 0.07 gram per brake horsepower-hour (0.026 gram per megajoule) for in-use testing, as measured under transient operating conditions.</P> <P>(B) For all other diesel engines, 0.10 gram per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.</P> <P>(C) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the particulate ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed 0.25 gram per brake horsepower-hour (0.093 gram per megajoule).</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(2) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P of this part, except as noted in § 86.098-23(c)(2) or superceding sections.</P> <P>(b)(1) The opacity of smoke emission from new 2004 and later model year diesel HDEs shall not exceed:</P> <P>(i) 20 percent during the engine acceleration mode.</P> <P>(ii) 15 percent during the engine lugging mode.</P> <P>(iii) 50 percent during the peaks in either mode.</P> <P>(2) The standards set forth in paragraph (b)(1) of this section refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.</P> <P>(3) Evaporative emissions (total of non-oxygenated hydrocarbons plus methanol) from heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed the following standards. The standards apply equally to certification and in-use vehicles. The spitback standard also applies to newly assembled vehicles.</P> <P>(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs:</P> <P>(A)(<E T="03">1</E>) For the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.</P> <P>(<E T="03">2</E>) For the supplemental two-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.5 grams per test.</P> <P>(B) Running loss test: 0.05 grams per mile.</P> <P>(C) Fuel dispensing spitback test: 1.0 gram per test.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs:</P> <P>(A)(<E T="03">1</E>) For the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.</P> <P>(<E T="03">2</E>) For the supplemental two-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.5 grams per test.</P> <P>(B) Running loss test: 0.05 grams per mile.</P> <P>(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraph (b)(3) of this section refer to a composite sample of evaporative emissions collected under the conditions and measured in accordance with the procedures set forth in subpart M of this part. For certification vehicles only, manufacturers may conduct testing to quantify a level of nonfuel background emissions for an individual test vehicle. Such a demonstration must include a description of the source(s) of emissions and an estimated decay rate. The demonstrated level of nonfuel background emissions may be subtracted from emission test results from <PRTPAGE P="44"/>certification vehicles if approved in advance by the Administrator.</P> <P>(B) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).</P> <P>(iv) All fuel vapor generated during in-use operations shall be routed exclusively to the evaporative control system (e.g., either canister or engine purge). The only exception to this requirement shall be for emergencies.</P> <P>(4) Evaporative emissions from 2004 and later model year heavy-duty vehicles equipped with natural gas-fueled or liquefied petroleum gas-fueled HDEs shall not exceed the following standards. The standards apply equally to certification and in-use vehicles.</P> <P>(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds for the full three-diurnal test sequence described in § 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.</P> <P>(iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(4) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.</P> <P>(B) For vehicles with a Gross Vehicle Weight Rating greater than 26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and (b)(4)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2004 or later model year methanol-, natural gas-, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated diesel HDE. For petroleum-fueled engines only, this provision does not apply to engines using turbochargers, pumps, blowers, or superchargers for air induction.</P> <P>(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines meet the requirements of paragraphs (a), (b), (c), and (d) of this section.</P> <CITA>[62 FR 54721, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <P>(a)(1) Heavy-duty engines eligible for NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. All heavy-duty engine families which include any engines labeled for use in clean-fuel vehicles as specified in 40 CFR part 88 are not eligible for these programs. Participation in these programs is voluntary.</P> <P>(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.</P> <P>(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.</P> <P>(iii) Credits scheduled to expire in the earliest model year shall be used, prior to using other available credits, to offset emissions of engine families with FELs exceeding the applicable standard.<PRTPAGE P="45"/> </P> <P>(b) Participation in the NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and/or particulate averaging, trading, and banking programs shall be done as follows.</P> <P>(1) During certification, the manufacturer shall:</P> <P>(i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant (i.e., NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate).</P> <P>(ii) Declare an FEL for each engine family participating in one or more of these three programs.</P> <P>(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower-hour for NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions).</P> <P>(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate emission standards.</P> <P>(iii) Calculate the projected emission credits (positive or negative) based on quarterly production projections for each participating family and for each pollutant, using the applicable equation in paragraph (c) of this section and the applicable factors for the specific engine family.</P> <P>(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.</P> <P>(B) State where the quarterly projected credits will be applied for engine families generating credits.</P> <P>(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraph (d) or (e) of this section. Credits available for averaging, trading, or banking as defined in § 86.090-2, may be applied exclusively to a given engine family, or reserved as defined in § 86.091-2.</P> <P>(2) Based on this information each manufacturer's certification application must demonstrate:</P> <P>(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.</P> <P>(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.</P> <P>(3) During the model year manufacturers must:</P> <P>(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.</P> <P>(ii) Provide the end-of-model year reports required under § 86.001-23.</P> <P>(iii) For manufacturers participating in emission credit trading, maintain the quarterly records required under § 86.091-7(c)(8).</P> <P>(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other compliance measures deemed appropriate by the Administrator.</P> <P>(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and/or particulate emission credits will violate the conditions of the certificate of conformity. The certificates of conformity may be voided ab initio for engine families exceeding the emission standard.</P> <P>(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit <PRTPAGE P="46"/>calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative balances may be adjusted by EPA for retroactive use.</P> <P>(i) If EPA review of a manufacturer's end-of-year report indicates a credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, using the discount specified in paragraph (c)(1) of this section on the ratio of credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the family in question to zero, EPA may void the certificate for that engine family ab initio.</P> <P>(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e., resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.</P> <P>(c)(1) For each participating engine family, NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate emission credits (positive or negative) are to be calculated according to one of the following equations and rounded, in accordance with ASTM E29-93a, to the nearest one-tenth of a Megagram (Mg). Consistent units are to be used throughout the equation.</P> <P>(i) For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only: </P> <FP SOURCE="FP-1">Emission credits = (Std − FEL) × (CF) × (UL) × (Production) × (10<E T="51">−6</E>)</FP> <P>(ii) For determining credit availability for engine families generating credits for trading or banking programs: </P> <FP SOURCE="FP-1">Emission credits = (Std − FEL) × (CF) × (UL) × (Production) × (10<E T="51">−6</E>) × (Discount)</FP> <P>(iii) For purposes of the equations in paragraphs (c)(1) (i) and (ii) of this section: </P> <FP SOURCE="FP-2">Std = the current and applicable heavy-duty engine NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, or particulate emission standard in grams per brake horsepower hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">FEL = the NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, or particulate family emission limit for the engine family in grams per brake horsepower hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given in paragraph (c)(2) of this section.</FP> <FP SOURCE="FP-2">UL = the useful life described in § 86.004-2, or alternative life as described in paragraph (f) of § 86.004-21, for the given engine family in miles.</FP> <FP SOURCE="FP-2">Production = the number of engines produced for U.S. sales within the given engine family during the model year. Quarterly production projections are used for initial certification. Actual production is used for end-of-year compliance determination.</FP> <FP SOURCE="FP-2">Discount = a one-time discount applied to all credits to be banked or traded within the model year generated. Except as otherwise allowed in paragraph (k) of this section, the discount applied here is 0.9 for diesel-cycle engines. The discount applied here is 0.8 for all Otto-cycle engines. Banked credits traded in a subsequent model year will not be subject to an additional discount. Banked credits used in a subsequent model year's averaging program will not have the discount restored.</FP> <P>(2)(i) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles.</P> <P>(ii) When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon a production weighted average value of the configurations in an engine family to calculate the conversion factor.</P> <P>(d) <E T="03">Averaging sets for NO</E> <E T="54">X</E> <E T="03">and for NO</E> <E T="54">X</E> <E T="03">plus NMHC emission credits.</E> The averaging and trading of NO<E T="52">X</E> emission credits for Otto-cycle engines and NO<E T="52">X</E> plus NMHC emission credits for diesel-<PRTPAGE P="47"/>cycle engines will only be allowed between heavy-duty engine families in the same averaging set. The averaging sets for the averaging and trading of NO<E T="52">X</E> and NO<E T="52">X</E> plus NMHC emission credits for heavy-duty engines are defined as follows:</P> <P>(1) For NO<E T="52">X</E> credits from Otto-cycle heavy-duty engines:</P> <P>(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.</P> <P>(ii) Gasoline-fueled heavy-duty vehicles certified under the provisions of § 86.085-1(b) may not average or trade with gasoline-fueled heavy-duty Otto-cycle engines, but may average or trade credits with light-duty trucks.</P> <P>(iii) The averaging and trading of NO<E T="52">X</E> emission credits will only be allowed between heavy-duty engine families in the same regional category. Otto-cycle engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California.</P> <P>(2) For NO<E T="52">X</E> plus NMHC credits from diesel-cycle heavy-duty engines:</P> <P>(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in § 86.004-2, constitute an averaging set. Averaging and trading among all diesel-cycle engine families within the same primary service class is allowed.</P> <P>(ii) Urban buses are treated as members of the primary intended service class where they otherwise would fall.</P> <P>(e) <E T="03">Averaging sets for particulate emission credits.</E> The averaging and trading of particulate emission credits will only be allowed between diesel cycle heavy-duty engine families in the same averaging set. The averaging sets for the averaging and trading of particulate emission credits for diesel cycle heavy-duty engines are defined as follows:</P> <P>(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading between diesel cycle bus engine families is allowed.</P> <P>(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in § 86.004-2, constitute an averaging set. Averaging and trading between diesel-cycle engine families within the same primary service class is allowed.</P> <P>(3) Otto cycle engines may not participate in particulate averaging, trading, or banking.</P> <P>(f) <E T="03">Banking of NO</E> <E T="54">X</E>, <E T="03">NO</E> <E T="54">X</E> <E T="03">plus NMHC, and particulate emission credits.</E> (1) <E T="03">Credit deposits.</E> (i) NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate emission credits may be banked from engine families produced in any model year.</P> <P>(ii) Manufacturers may bank credits only after the end of the model year and after actual credits have been reported to EPA in the end-of-year report. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging.</P> <P>(2) <E T="03">Credit withdrawals.</E> (i) After being generated, banked NO<E T="52">X</E> credits shall be available for use within three model years following the model year in which they were generated. NO<E T="52">X</E> credits from Otto-cycle HDE families not used within the period specified above shall be forfeited. NO<E T="52">X</E> plus NMHC and particulate credits from diesel-cycle HDE families do not expire.</P> <P>(ii) Manufacturers withdrawing banked NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and/or particulate credits shall indicate so during certification and in their credit reports, as described in § 86.091-23.</P> <P>(3) <E T="03">Use of banked emission credits</E>. The use of banked credits shall be within the averaging set and other restrictions described in paragraphs (d) and (e) of this section, and only for the following purposes:</P> <P>(i) Banked credits may be used in averaging, or in trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but not reported to EPA may also be used. However, if EPA finds that the reported credits can not be proven, they will be revoked and unavailable for use.<PRTPAGE P="48"/> </P> <P>(ii) Banked credits may not be used for NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, or particulate averaging and trading to offset emissions that exceed an FEL. Banked credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, banked credits may be used for subsequent production of the engine family if the manufacturer elects to recertify to a higher FEL.</P> <P>(iii) Banked NO<E T="52">X</E> credits from 2003 and prior may be used in place of NO<E T="52">X</E> plus NMHC credits after 2003 provided that they are used in the correct averaging set and the NO<E T="52">X</E> credits have not expired.</P> <P>(g)(1) For the purposes of paragraph (g) of this section, the following paragraphs assume NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and particulate nonconformance penalties (NCPs) will be available for the 2004 and later model year HDEs.</P> <P>(2) Engine families using NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and/or particulate NCPs but not involved in averaging:</P> <P>(i) May not generate NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, or particulate credits for banking and trading.</P> <P>(ii) May not use NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, or particulate credits from banking and trading.</P> <P>(3) If a manufacturer has any engine family to which application of NCPs and banking and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only while the other, whose FEL does not equal the standard, must use credits only.</P> <P>(4) If a manufacturer has any engine family in a given averaging set which is using NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and/or particulate NCPs, none of that manufacturer's engine families in that averaging set may generate credits for banking and trading.</P> <P>(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.</P> <P>(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel is readily available commercially and would be used in customer service.</P> <P>(j) <E T="03">Credit apportionment</E>. At the manufacturers option, credits generated from diesel-cycle heavy-duty engines under the provisions described in this section may be sold to or otherwise provided to the another party for use in programs other than the averaging, trading and banking program described in this section.</P> <P>(1) The manufacturer shall pre-identify two emission levels per engine family for the purposes of credit apportionment. One emission level shall be the FEL and the other shall be the level of the standard that the engine family is required to certify to under § 86.004-11. For each engine family, the manufacturer may report engine sales in two categories, “ABT-only credits” and “nonmanufacturer-owned credits”.</P> <P>(i) For engine sales reported as “ABT-only credits”, the credits generated must be used solely in the ABT program described in this section.</P> <P>(ii) The engine manufacturer may declare a portion of engine sales “nonmanufacturer-owned credits” and this portion of the credits generated between the standard and the FEL, based on the calculation in (c)(1) of this section, would belong to the engine purchaser. For ABT, the manufacturer may not generate any credits for the engine sales reported as “nonmanufacturer-owned credits”. Engines reported as “nonmanufacturer-owned credits” shall comply with the FEL and the requirements of the ABT program in all other respects.</P> <P>(2) Only manufacturer-owned credits reported as “ABT-only credits” shall be used in the averaging, trading, and banking provisions described in this section.</P> <P>(3) Credits shall not be double-counted. Credits used in the ABT program may not be provided to an engine purchaser for use in another program.</P> <P>(4) Manufacturers shall determine and state the number of engines sold as “ABT-only credits” and “nonmanufacturer-owned credits” in the end-of-model year reports required under § 86.001-23.<PRTPAGE P="49"/> </P> <P>(k) <E T="03">Additional Flexibility</E>. If a diesel-cycle engine family meets the conditions of either paragraph (k)(1) or (2) of this section, a Discount of 1.0 may be used in the trading and banking calculation, for both NO<E T="52">X</E> plus NMHC and for particulate, described in paragraph (c)(1) of this section.</P> <P>(1) The engine family certifies with a certification level of 1.9 g/bhp-hr NO<E T="52">X</E> plus NMHC or lower for all diesel-cycle engine families.</P> <P>(2) All of the following must apply to the engine family:</P> <P>(i) Diesel-cycle engines only;</P> <P>(ii) 2004, 2005, and 2006 model years only;</P> <P>(iii) Must be an engine family using carry-over certification data from prior to model year 2004 where the NO<E T="52">X</E> plus the HC certification level prior to model year 2004 is below the NO<E T="52">X</E> plus NMHC or NO<E T="52">X</E> plus NMHCE standard set forth in § 86.004-11. Under this option, the NO<E T="52">X</E> credits generated from this engine family prior to model year 2004 may be used as NO<E T="52">X</E> plus NMHC credits.</P> <CITA>[62 FR 54722, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>Section 86.004-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.004-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.”.</P> <P>(a) through (b)(3) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2).</P> <P>(b)(4)(ii) through (b)(5)(iv) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the test vehicle of that evaporative/ refueling emission family-emission control system combination, required to use a volume of fuel equal to 85% of fuel tank volume.</P> <P>(6) <E T="03">Participation in averaging programs</E>—(i) <E T="03">Particulate averaging</E>. (A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks or the particulate averaging program for heavy-duty diesel engines, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for HDEs.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.090-2 and 86.094-28(b)(5)(i).</P> <P>(ii) <E T="03">NO</E> <E T="54">X</E> <E T="03">and NO</E> <E T="54">X</E> <E T="03">plus NMHC averaging</E>. (A) If the manufacturer elects to participate in the NO<E T="52">X</E> averaging program for light-duty trucks or otto-cycle HDEs or the NO<E T="52">X</E> plus NMHC averaging program for diesel-cycle HDEs, the application must list the family emission limit and the projected U.S. production volume of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family emission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for HDEs.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family emission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.088-2 and 86.094-28(b)(5)(ii).</P> <P>(b)(7) and (b)(8) [Reserved]. For guidance see § 86.094-21.</P> <P>(b)(9) For each light-duty vehicle, light-duty truck, evaporative/refueling emission family or heavy-duty vehicle <PRTPAGE P="50"/>evaporative emission family, a description of any unique procedures required to perform evaporative and/or refueling emission tests, as applicable, (including canister working capacity, canister bed volume, and fuel temperature profile for the running loss test) for all vehicles in that evaporative and/or evaporative/refueling emission family, and a description of the method used to develop those unique procedures.</P> <P>(10) For each light-duty vehicle or applicable light-duty truck evaporative/refueling emission family, or each heavy-duty vehicle evaporative emission family:</P> <P>(i) Canister working capacity, according to the procedures specified in § 86.132-96(h)(1)(iv);</P> <P>(ii) Canister bed volume; and</P> <P>(iii) Fuel temperature profile for the running loss test, according to the procedures specified in § 86.129-94(d).</P> <P>(c) through (j) [Reserved]. For guidance see § 86.094-21.</P> <P>(k) and (l) [Reserved]. For guidance see § 86.096-21.</P> <CITA>[62 FR 54724, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <P>Section 86.004-25 includes text that specifies requirements that differ from § 86.094-25 or § 86.098-25. Where a paragraph in § 86.094-25 or § 86.098-25 is identical and applicable to § 86.004-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.” or “[Reserved]. For guidance see § 86.098-25.”.</P> <P>(a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and HDEs.</P> <P>(2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.</P> <P>(b) Introductory text through (b)(3)(ii) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A) through (E) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.</P> <P>(A) Positive crankcase ventilation valve.</P> <P>(B) Emission-related hoses and tubes.</P> <P>(C) Ignition wires.</P> <P>(D) Idle mixture.</P> <P>(E) Exhaust gas recirculation system related filters and coolers.</P> <P>(iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.</P> <P>(v) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A) through (H) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter.</P> <P>(A) Catalytic converter.</P> <P>(B) Air injection system components.</P> <P>(C) Fuel injectors.</P> <P>(D) Electronic engine control unit and its associated sensors (except oxygen sensor) and actuators.</P> <P>(E) Evaporative emission canister.</P> <P>(F) Turbochargers.</P> <P>(G) Carburetors.</P> <P>(H) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(3)(iii)(E) of this section.</P> <P>(b)(3)(vi)(A) through (b)(3)(vi)(D) [Reserved]. For guidance see § 86.094-25.</P> <P>(b)(3)(vi)(E) through (b)(3)(vi)(J) [Reserved]. For guidance see § 86.098-25.</P> <P>(4) For diesel-cycle light-duty vehicles, light-duty trucks, and HDEs, emission-related maintenance in addition to or at shorter intervals than that listed in paragraphs (b)(4) (i) through (iv) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.</P> <P>(i) For diesel-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in <PRTPAGE P="51"/>paragraphs (b)(4)(i) (A) through (C) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.</P> <P>(A) Exhaust gas recirculation system related filters and coolers.</P> <P>(B) Positive crankcase ventilation valve.</P> <P>(C) Fuel injector tips (cleaning only).</P> <P>(ii) For diesel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement of the positive crankcase ventilation valve shall occur at 50,000 miles of use and at 50,000-mile intervals thereafter.</P> <P>(iii) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (b)(4)(iii) (A) through (G) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light heavy-duty diesel engines, or, at 150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy heavy-duty diesel engines.</P> <P>(A) Fuel injectors.</P> <P>(B) Turbocharger.</P> <P>(C) Electronic engine control unit and its associated sensors and actuators.</P> <P>(D) Particulate trap or trap-oxidizer system (including related components).</P> <P>(E) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (b)(4)(i)(A) of this section.</P> <P>(F) Catalytic converter.</P> <P>(G) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)</P> <P>(iv) For disel-cycle light-duty vehicles and light-duty trucks, the adjustment, cleaning, repair, or replacement shall occur at 100,000 miles of use and at 100,000-mile intervals thereafter of the items listed in paragraphs (b)(4)(iv) (A) through (G) of this section.</P> <P>(A) Fuel injectors.</P> <P>(B) Turbocharger.</P> <P>(C) Electronic engine control unit and its associated sensors and actuators.</P> <P>(D) Particulate trap or trap-oxidizer system (including related components).</P> <P>(E) Exhaust gas recirculation system including all related filters and control valves.</P> <P>(F) Catalytic converter.</P> <P>(G) Superchargers.</P> <P>(5) [Reserved]</P> <P>(6)(i) The components listed in paragraphs (b)(6)(i) (A) through (H) of this section are currently defined as critical emission-related components.</P> <P>(A) Catalytic converter.</P> <P>(B) Air injection system components.</P> <P>(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.</P> <P>(D) Exhaust gas recirculation system (including all related filters, coolers, control valves, and tubing).</P> <P>(E) Positive crankcase ventilation valve.</P> <P>(F) Evaporative and refueling emission control system components (excluding canister air filter).</P> <P>(G) Particulate trap or trap-oxidizer system.</P> <P>(H) Any other add-on emissions-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emissions control and whose function is not integral to the design and performance of the engine.)</P> <P>(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (b)(6)(ii) (A) through (F) of this section will be accepted as having a reasonable likelihood of the maintenance item being performed in-use.</P> <P>(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously <PRTPAGE P="52"/>deteriorate to a point unacceptable for typical driving.</P> <P>(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s).</P> <P>(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed” or “check engine”, or a similar message approved by the Administrator, shall be actuated at the appropriate mileage point or by component failure. This signal must be continuous while the engine is in operation and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator. For HDEs, the system must not be designed to deactivate upon the end of the useful life of the engine or thereafter.</P> <P>(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (b)(6)(ii)(B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.</P> <P>(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under § 86.087-38.</P> <P>(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.</P> <P>(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).</P> <P>(b)(7) through (h) [Reserved]. For guidance see § 86.094-25.</P> <CITA>[62 FR 54725, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <P>Section 86.004-28 includes text that specifies requirements that differ from § 86.094-28, § 86.098-28, § 86.000-28 or § 86.001-28. Where a paragraph in § 86.094-28, § 86.098-28, § 86.000-28 or § 86.001-28 is identical and applicable to § 86.004-28, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-28.” or “[Reserved]. For guidance see § 86.098-28.” or “[Reserved]. For guidance see § 86.000-28.” or “[Reserved]. For guidance see § 86.001-28.”</P> <P>(a)(1) through (a)(2) [Reserved. For guidance see § 86.000-28.</P> <P>(a)(3) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4) introductory text [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(i) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(i)(A) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">i</E>) [Reserved. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">ii</E>) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iii</E>) through (a)(4)(i)(B)(<E T="03">2</E>)(<E T="03">iv</E>) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(i)(C) through (a)(4)(i)(D)(<E T="03">2</E>) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(ii)(A)(<E T="03">1</E>) through (a)(4)(ii)(A)(<E T="03">2</E>) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(ii)(B) through (a)(4)(ii)(C) [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(4)(iii) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(4)(iv) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(4)(v) [Reserved]. For guidance see § 86.098-28.<PRTPAGE P="53"/> </P> <P>(a)(5) through (a)(6) [Reserved]. For guidance see § 86.094-28.</P> <P>(a)(7) introductory text [Reserved]. For guidance see § 86.098-28.</P> <P>(a)(7)(i) [Reserved]. For guidance see § 86.000-28.</P> <P>(a)(7)(ii) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(1) This paragraph (b) applies to light-duty trucks.</P> <P>(2) Each exhaust, evaporative and refueling emission standard (and family emission limits, as appropriate) of § 86.004-9 applies to the emissions of vehicles for the appropriate useful life as defined in §§ 86.098-2 and 86.004-9.</P> <P>(b)(3) through (b)(4)(i) [Reserved]. For guidance see § 86.094-28.</P> <P>(b)(4)(ii) through (b)(6) [Reserved]. For guidance see § 86.000-28.</P> <P>(b)(7)(i) through (b)(9) [Reserved]. For guidance see § 86.001-28.</P> <P>(c)(1) Paragraph (c) of this section applies to heavy-duty engines.</P> <P>(2) The applicable exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines and for diesel-cycle engines apply to the emissions of engines for their useful life.</P> <P>(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards.</P> <P>(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer. Deterioration factors shall be established using applicable emissions test procedures. NO<E T="52">X</E> plus NMHC deterioration factors shall be established based on the sum of the pollutants. When establishing deterioration factors for NO<E T="52">X</E> plus NMHC, a negative deterioration (emissions decrease from the official exhaust emissions test result) for one pollutant may not offset deterioration of the other pollutant. Where negative deterioration occurs for NO<E T="52">X</E> and/or NMHC, the official exhaust emission test result shall be used for purposes of determining the NO<E T="52">X</E> plus NMHC deterioration factor.</P> <P>(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC and exhaust particulate. For diesel-cycle smoke testing, separate factors shall also be established for the acceleration mode (designated as “A”), the lugging mode (designated as “B”), and peak opacity (designated as “C”).</P> <P>(iii)(A) Paragraphs (c)(4)(iii)(A) (<E T="03">1</E>) and (<E T="03">2</E>) of this section apply to Otto-cycle HDEs.</P> <P>(<E T="03">1</E>) Otto-cycle HDEs not utilizing aftertreatment technology (e.g., catalytic converters). For transient NMHC (NMHCE), CO, NO<E T="52">X</E>, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(<E T="03">2</E>) Otto-cycle HDEs utilizing aftertreatment technology (e.g., catalytic converters). For transient NMHC (NMHCE), CO, NO<E T="52">X</E>, and for idle CO, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.</P> <P>(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle HDEs.</P> <P>(<E T="03">1</E>) Diesel-cycle HDEs not utilizing aftertreatment technology (e.g., particulate traps). For transient NMHC (NMHCE), CO, NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and exhaust particulate, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. <PRTPAGE P="54"/>However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(<E T="03">2</E>) Diesel-cycle HDEs utilizing aftertreatment technology (e.g., particulate traps). For transient NMHC (NMHCE), CO, NO<E T="52">X</E>, NO<E T="52">X</E> plus NMHC, and exhaust particulate, the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.</P> <P>(<E T="03">3</E>) Diesel-cycle HDEs only. For acceleration smoke (“A”), lugging smoke (“B”), and peak smoke (“C”), the official exhaust emission results for each emission data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (c)(4)(iii) of this section, rounded to the same number of significant figures as contained in the applicable standard in accordance with ASTM E 29-93a (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii)), for each emission data engine.</P> <P>(<E T="03">5</E>) and (<E T="03">6</E>) [Reserved]</P> <P>(<E T="03">7</E>) Every test engine of an engine family must comply with all applicable standards (or family emission limits, as appropriate), as determined in paragraph (c)(4)(iv) of this section, before any engine in that family will be certified.</P> <P>(<E T="03">8</E>) For the purposes of setting an NMHC plus NO<E T="52">x</E> certification level or FEL for a diesel-fueled engine family, the manufacturer may use one of the following options for the determination of NMHC for an engine family. The manufacturer must declare which option is used in its application for certification of that engine family.</P> <P>(i) THC may be used in lieu of NMHC for the standards set forth in § 86.004-11.</P> <P>(ii) The manufacturer may choose its own method to analyze methane with prior approval of the Administrator.</P> <P>(iii) The manufacturer may assume that two percent of the measured THC is methane (NMHC =0.98 × THC).</P> <P>(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines.</P> <P>(2) The applicable evaporative emission standards in this subpart apply to the emissions of vehicles for their useful life.</P> <P>(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in § 86.098-23(b)(3) for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission control system deterioration during the useful life of the vehicle (minimum 50,000 miles). The factor shall be established to a minimum of two places to the right of the decimal.</P> <P>(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in § 86.098-23(b)(4)(ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.</P> <P>(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor, provided that if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.</P> <P>(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29-93a (as referenced in § 86.094-28 (a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission values may not exceed the standard.<PRTPAGE P="55"/> </P> <P>(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.</P> <P>(e) [Reserved]</P> <P>(f) through (g)(3) through [Reserved]. For guidance see § 86.001-28.</P> <P>(g)(4) Vehicles certified to the refueling emission standard under this provision shall not be counted in the sales percentage compliance determinations for the 2004, 2005 and subsequent model years.</P> <P>(h) [Reserved]. For guidance see § 86.001-28.</P> <CITA>[61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 54890, Oct. 22, 1996, § 86.004-28 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.004-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <P>Section 86.004-30 includes text that specifies requirements that differ from §§ 86.094-30, 86.095-30, 86.096-30, 86.098-30 or 86.001-30. Where a paragraph in § 86.094-30, § 86.095-30, § 86.096-30, § 86.098-30 or § 86.001-30 is identical and applicable to § 86.004-30, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-30.” or “[Reserved]. For guidance see § 86.095-30.” or “[Reserved]. For guidance see § 86.096-30.” or “[Reserved]. For guidance see § 86.098-30.” or “[Reserved]. For guidance see § 86.001-30.”.</P> <P>(a)(1) and (a)(2) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles and light-duty trucks not certified under § 86.098-28(g), one such certificate will be issued for each engine family-evaporative/refueling emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate).</P> <P>(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in § 86.098-23(b)(4) (i) and (ii).</P> <P>(iii) For diesel light-duty vehicles and light-duty trucks, or diesel HDEs, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in § 86.094-28(a)(6), § 86.094-28(b)(5)(i), or § 86.004-28(c)(5)(i). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.</P> <P>(iv) For light-duty trucks or HDEs included in the applicable NO<E T="52">X</E> averaging program, the manufacturer may at any time during production elect to change the level of any family NO<E T="52">X</E> emission limit by demonstrating compliance with the new limit as described in § 86.094-28(b)(5)(ii) or § 86.004-28(c)(5)(ii). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the day of issue.</P> <P>(4)(i) For exempt light-duty vehicles and light-duty trucks under the provisions of § 86.094-8(j) or § 86.094-9(j), an adjustment or modification performed in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).</P> <P>(ii) A violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in paragraph (a)(4)(ii) of this section.</P> <P>(A) When a light-duty vehicle or light-duty truck is exempted from meeting high-altitude requirements as provided in § 86.090-8(h) or § 86.094-9(h):</P> <P>(<E T="03">1</E>) At a designated high-altitude location, unless such manufacturer has <PRTPAGE P="56"/>reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated high-altitude location; or</P> <P>(<E T="03">2</E>) At a location other than a designated high-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated high-altitude location.</P> <P>(B) When a light-duty vehicle or light-duty truck is exempted from meeting low-altitude requirements as provided in § 86.094-8(i) or § 86.094-9(i):</P> <P>(<E T="03">1</E>) At a designated low-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated low-altitude location; or</P> <P>(<E T="03">2</E>) At a location other than a designated low-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated low-altitude location.</P> <P>(a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(4)(iv) introductory text [Reserved]. For guidance see § 86.095-30.</P> <P>(a)(4)(iv)(A) through (a)(9) [Reserved]. For guidance see § 86.094-30.</P> <P>(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel-cycle particulate standard, or the composite particulate standard defined in § 86.090-2 as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio for those vehicles causing the production-weighted FEL to exceed the particulate standard.</P> <P>(ii) For all heavy-duty diesel-cycle engines which are included in the particulate ABT programs under § 86.098-15 or superseding ABT sections as applicable, the provisions of paragraphs (a)(10)(ii) (A) through (C) of this section apply.</P> <P>(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.098-15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.</P> <P>(B) Failure to comply with all provisions of § 86.098-15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.</P> <P>(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.</P> <P>(11)(i) For light-duty truck families which are included in a NO<E T="52">X</E> averaging program, the manufacturer's production-weighted average of the NO<E T="52">X</E> emission limits of all such engine families shall not exceed the applicable NO<E T="52">X</E> emission standard, or the composite NO<E T="52">X</E> emission standard defined in § 86.088-2, as appropriate, at the end of the model year, as determined in accordance with this part. The certificate shall be void ab initio for those vehicles causing the production-weighted FEL to exceed the NO<E T="52">X</E> standard.</P> <P>(ii) For all HDEs which are included in the NO<E T="52">X</E> plus NMHC ABT programs contained in § 86.098-15, or superseding ABT sections as applicable, the provisions of paragraphs (a)(11)(ii) (A) through (C) of this section apply.</P> <P>(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.098-15 or superseding ABT sections as applicable and the ABT related provisions of other applicable sections, both during and after the model year production.</P> <P>(B) Failure to comply with all provisions of § 86.098-15 or superseding ABT sections as applicable will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void ab initio.</P> <P>(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.<PRTPAGE P="57"/> </P> <P>(a)(12) [Reserved]. For guidance see § 86.094-30.</P> <P>(a)(13) [Reserved]. For guidance see § 86.095-30.</P> <P>(a)(14) [Reserved]. For guidance see § 86.094-30.</P> <P>(a) (15) through (18) [Reserved]. For guidance see § 86.096-30.</P> <P>(a)(19) [Reserved]. For guidance see § 86.098-30.</P> <P>(a)(20) [Reserved]. For guidance see § 86.001-30.</P> <P>(a)(21) For all light-duty trucks certified to refueling emission standards under § 86.004-9, the provisions of paragraphs (a)(21) (i) through (iii) of this section apply.</P> <P>(i) All certificates issued are conditional upon the manufacturer complying with all provisions of § 86.004-9 both during and after model year production.</P> <P>(ii) Failure to meet the required implementation schedule sales percentages as specified in § 86.004-9 will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual vehicles sold in violation of the implementation schedule shall not be covered by the certificate.</P> <P>(iii) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied.</P> <P>(b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(1)(ii)(B) The emission data vehicle(s) selected under § 86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling family.</P> <P>(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(1)(ii)(D) The emission-data vehicle(s) selected under § 86.098-24(b)(1)(viii) shall represent all vehicles of the same evaporative/refueling control system within the evaporative/refueling emission family, as applicable.</P> <P>(b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(2) [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(3) through (b)(4)(i) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(4)(ii) introductory text [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(4)(ii)(A) [Reserved]. For guidance see § 86.094-30.</P> <P>(b)(4)(ii)(B) through (b)(4)(iv) [Reserved]. For guidance see § 86.098-30.</P> <P>(b)(5) through (e) [Reserved]. For guidance see § 86.094-30.</P> <P>(f) introductory text through (f)(3) [Reserved]. For guidance see § 86.095-30.</P> <P>(f)(4) [Reserved]. For guidance see § 86.098-30.</P> <CITA>[59 FR 16287, Apr. 6, 1994, as amended at 62 FR 54727, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-38</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <P>Section 86.004-38 includes text that specifies requirements that differ from § 86.094-38. Where a paragraph in § 86.094-38 is identical and applicable to § 86.004-38 this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-38.”.</P> <P>(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary.</P> <P>(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.</P> <P>(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.</P> <P>(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may <PRTPAGE P="58"/>specify the performance of any scheduled maintenance allowed under § 86.004-25.</P> <P>(c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b).</P> <P>(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emissions defect and emissions performance warranty or manufacturer recall liability.</P> <P>(e) The manufacturer may choose to include in such instructions an explanation of any distinction between the useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.</P> <P>(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less.</P> <P>(g) [Reserved]. For guidance see § 86.094-38.</P> <P>(h) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor engine subject to the standards prescribed in § 86.004-10 or § 86.004-11, as applicable, the following:</P> <P>(1) Instructions for all maintenance needed after the end of the useful life of the engine for critical emissions-related components as provided in § 86.004-25(b), including recommended practices for diagnosis, cleaning, adjustment, repair, and replacement of the component (or a statement that such component is maintenance free for the life of the engine) and instructions for accessing and responding to any emissions-related diagnostic codes that may be stored in on-board monitoring systems;</P> <P>(2) A copy of the engine rebuild provisions contained in § 86.004-40.</P> <CITA>[62 FR 54728, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.004-40</SECTNO> <SUBJECT>Heavy-duty engine rebuilding practices.</SUBJECT> <P>The provisions of this section are applicable to engines subject to the standards prescribed in § 86.004-10 or § 86.004-11 and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).<PRTPAGE P="59"/> </P> <P>(a) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications) and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if:</P> <P>(1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emissions control as the original parts; and</P> <P>(2) Any parameter adjustment or design element change is made only:</P> <P>(i) In accordance with the original engine manufacturer's instructions; or</P> <P>(ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions.</P> <P>(b) When an engine is being rebuilt and remains installed or is reinstalled in the same vehicle, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a configuration of the same or later model year as the original engine.</P> <P>(c) At time of rebuild, emissions-related codes or signals from on-board monitoring systems may not be erased or reset without diagnosing and responding appropriately to the diagnostic codes, regardless of whether the systems are installed to satisfy requirements in § 86.004-25 or for other reasons and regardless of form or interface. Diagnostic systems must be free of all such codes when the rebuilt engine is returned to service. Such signals may not be rendered inoperative during the rebuilding process.</P> <P>(d) When conducting a rebuild without removing the engine from the vehicle, or during the installation of a rebuilt engine, all critical emissions-related components listed in § 86.004-25(b) not otherwise addressed by paragraphs (a) through (c) of this section must be checked and cleaned, adjusted, repaired, or replaced as necessary, following manufacturer recommended practices.</P> <P>(e) Records shall be kept by parties conducting activities included in paragraphs (a) through (d) of this section. The records shall include at minimum the mileage and/or hours at time of rebuild, a listing of work performed on the engine and emissions-related control components including a listing of parts and components used, engine parameter adjustments, emissions-related codes or signals responded to and reset, and work performed under paragraph (d) of this section.</P> <P>(1) Parties may keep records in whatever format or system they choose as long as the records are understandable to an EPA enforcement officer or can be otherwise provided to an EPA enforcement officer in an understandable format when requested.</P> <P>(2) Parties are not required to keep records of information that is not reasonably available through normal business practices including information on activities not conducted by themselves or information that they cannot reasonably access.</P> <P>(3) Parties may keep records of their rebuilding practices for an engine family rather than on each individual engine rebuilt in cases where those rebuild practices are followed routinely.</P> <P>(4) Records must be kept for a minimum of two years after the engine is rebuilt.</P> <CITA>[62 FR 54729, Oct. 21, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.078-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <P>(a) The abbreviations in this section apply to this subpart and also to subparts B, D, H, I, J, N, O and P of this part and have the following meanings: </P> <EXTRACT> <FP SOURCE="FP-1">accel.—acceleration.</FP> <FP SOURCE="FP-1">AECD—Auxiliary emission control device.</FP> <FP SOURCE="FP-1">API—American Petroleum Institute.</FP> <FP SOURCE="FP-1">ASTM—American Society for Testing and Materials.</FP> <FP SOURCE="FP-1">BHP—Brake horsepower.</FP> <FP SOURCE="FP-1">BSCO—Brake specific carbon monoxide.</FP> <FP SOURCE="FP-1">BSHC—Brake specific hydrocarbons.</FP> <FP SOURCE="FP-1">BSNO<E T="22">X</E>—Brake specific oxides of nitrogen.</FP> <FP SOURCE="FP-1">C—Celsius.</FP> <FP SOURCE="FP-1">cfh—cubic feet per hour.</FP> <FP SOURCE="FP-1">CFV—Critical flow venturi.<PRTPAGE P="60"/> </FP> <FP SOURCE="FP-1">CFV-CVS—Critical flow venturi—constant volume sampler.</FP> <FP SOURCE="FP-1">CL—Chemiluminescence.</FP> <FP SOURCE="FP-1">CO<E T="22">2</E>—carbon dioxide.</FP> <FP SOURCE="FP-1">CO—Carbon monoxide.</FP> <FP SOURCE="FP-1">conc.—concentration.</FP> <FP SOURCE="FP-1">cfm—cubic feet per minute.</FP> <FP SOURCE="FP-1">CT—Closed throttle.</FP> <FP SOURCE="FP-1">cu. in.—cubic inch(es).</FP> <FP SOURCE="FP-1">CVS—Constant volume sampler.</FP> <FP SOURCE="FP-1">decel.—deceleration.</FP> <FP SOURCE="FP-1">EP—End point.</FP> <FP SOURCE="FP-1">evap.—evaporative.</FP> <FP SOURCE="FP-1">F—Fahrenheit.</FP> <FP SOURCE="FP-1">FID—Flame ionization detector.</FP> <FP SOURCE="FP-1">FL—Full load.</FP> <FP SOURCE="FP-1">ft.—feet.</FP> <FP SOURCE="FP-1">g—gram(s).</FP> <FP SOURCE="FP-1">gal.—U.S. gallon(s).</FP> <FP SOURCE="FP-1">GVW—Gross vehicle weight.</FP> <FP SOURCE="FP-1">GVWR—Gross vehicle weight rating.</FP> <FP SOURCE="FP-1">h—hour(s).</FP> <FP SOURCE="FP-1">H<E T="22">2</E>O—water.</FP> <FP SOURCE="FP-1">HC—hydrocarbon(s).</FP> <FP SOURCE="FP-1">HFID—Heated flame ionization detector.</FP> <FP SOURCE="FP-1">Hg—mercury.</FP> <FP SOURCE="FP-1">hi—high.</FP> <FP SOURCE="FP-1">hp.—horsepower.</FP> <FP SOURCE="FP-1">IBP—Initial boiling point.</FP> <FP SOURCE="FP-1">ID—Internal diameter.</FP> <FP SOURCE="FP-1">in.—inch(es).</FP> <FP SOURCE="FP-1">K—kelvin.</FP> <FP SOURCE="FP-1">kg—kilogram(s).</FP> <FP SOURCE="FP-1">km—kilometer(s).</FP> <FP SOURCE="FP-1">kPa—kilopascal(s).</FP> <FP SOURCE="FP-1">lb.—pound(s).</FP> <FP SOURCE="FP-1">lb.-ft.—pound-feet.</FP> <FP SOURCE="FP-1">m—meter(s).</FP> <FP SOURCE="FP-1">max.—maximum.</FP> <FP SOURCE="FP-1">mg—milligram(s).</FP> <FP SOURCE="FP-1">mi.—mile(s).</FP> <FP SOURCE="FP-1">min.—minute(s).</FP> <FP SOURCE="FP-1">ml—milliliter(s).</FP> <FP SOURCE="FP-1">mm—millimeter(s).</FP> <FP SOURCE="FP-1">mph—miles per hour.</FP> <FP SOURCE="FP-1">mv—millivolt(s).</FP> <FP SOURCE="FP-1">N<E T="22">2</E>—nitrogen.</FP> <FP SOURCE="FP-1">NDIR—Nondispersive infrared.</FP> <FP SOURCE="FP-1">NO—nitric oxide.</FP> <FP SOURCE="FP-1">NO<E T="22">2</E>—nitrogen dioxide.</FP> <FP SOURCE="FP-1">NO<E T="22">X</E>—oxides of nitrogen.</FP> <FP SOURCE="FP-1">No.—Number.</FP> <FP SOURCE="FP-1">O<E T="22">2</E>—oxygen.</FP> <FP SOURCE="FP-1">Pb—lead.</FP> <FP SOURCE="FP-1">pct.—percent.</FP> <FP SOURCE="FP-1">PDP-CVS—Positive displacement pump—constant volume sampler.</FP> <FP SOURCE="FP-1">ppm—parts per million by volume.</FP> <FP SOURCE="FP-1">ppm C—parts per million, carbon.</FP> <FP SOURCE="FP-1">psi—pounds per square inch.</FP> <FP SOURCE="FP-1">psig—pounds per square inch gauge.</FP> <FP SOURCE="FP-1">PTA—Part throttle acceleration.</FP> <FP SOURCE="FP-1">PTD—Part throttle deceleration.</FP> <FP SOURCE="FP-1">R—Rankin.</FP> <FP SOURCE="FP-1">rpm—revolutions per minute.</FP> <FP SOURCE="FP-1">RVP—Reid vapor pressure.</FP> <FP SOURCE="FP-1">s—second(s).</FP> <FP SOURCE="FP-1">SAE—Society of Automotive Engineers.</FP> <FP SOURCE="FP-1">SI—International system of units.</FP> <FP SOURCE="FP-1">sp.—speed.</FP> <FP SOURCE="FP-1">TEL—Tetraethyl lead.</FP> <FP SOURCE="FP-1">TML—Tetramethyl lead.</FP> <FP SOURCE="FP-1">UDDS—Urban dynamometer driving schedule.</FP> <FP SOURCE="FP-1">V—volt(s).</FP> <FP SOURCE="FP-1">vs—versus.</FP> <FP SOURCE="FP-1">W—watt(s).</FP> <FP SOURCE="FP-1">WF—Weighting factor.</FP> <FP SOURCE="FP-1">WOT—Wide open throttle.</FP> <FP SOURCE="FP-1">wt.—weight.</FP> <FP SOURCE="FP-1">′—feet.</FP> <FP SOURCE="FP-1">″—inch(es).</FP> <FP SOURCE="FP-1">°—degree(s).</FP> <FP SOURCE="FP-1"> <E T="22">∑</E>—summation.</FP> </EXTRACT> <CITA>[42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.078-6</SECTNO> <SUBJECT>Hearings on certification.</SUBJECT> <P>(a)(1) After granting a request for a hearing under § 86.084-22, § 86.084-30(b), or § 86.084-30(c), the Administrator shall designate a Presiding Officer for the hearing.</P> <P>(2) The General Counsel will represent the Environmental Protection Agency in any hearing under this section.</P> <P>(3) If a time and place for the hearing have not been fixed by the Administrator under § 86.084.22, § 86.084-30(b), or § 86.084-30(c), the hearing shall be held as soon as practicable at a time and place fixed by the Administrator or by the Presiding Officer.</P> <P>(4) In the case of any hearing requested pursuant to § 86.078-30(c)(5)(i), the Administrator may in his discretion direct that all argument and presentation of evidence be concluded within such fixed period not less than 30 days as he may establish from the date that the first written offer of a hearing is made to the manufacturer. To expedite proceedings, the Administrator may direct that the decision of the Presiding Officer (who may, but need not be the Administrator himself) shall be the final EPA decision.</P> <P>(b)(1) Upon his appointment pursuant to paragraph (a) of this section, the Presiding Officer will establish a hearing file. The file shall consist of the notice issued by the Administrator under § 86.084-22, § 86.084-30(b), or § 86.084-30(c) together with any accompanying material, the request for a hearing and the supporting data submitted therewith, <PRTPAGE P="61"/>and all documents relating to the request for certification and all documents submitted therewith, and correspondence and other data material to the hearing.</P> <P>(2) The hearing file will be available for inspection by the applicant at the office of the Presiding Officer.</P> <P>(c) An applicant may appear in person, or may be represented by counsel or by any other duly authorized representative.</P> <P>(d)(1) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by him to consider the following:</P> <P>(i) Simplification of the issues;</P> <P>(ii) Stipulations, admissions of fact, and the introduction of documents;</P> <P>(iii) Limitation of the number of expert witnesses;</P> <P>(iv) Possibility of agreement disposing of all or any of the issues in dispute;</P> <P>(v) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.</P> <P>(2) The results of the conference shall be reduced to writing by the Presiding Officer and made part of the record.</P> <P>(e)(1) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.</P> <P>(2) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of title 18 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.</P> <P>(3) Any witness may be examined or cross-examined by the Presiding Officer, the parties, or their representatives.</P> <P>(4) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.</P> <P>(5) All written statements, charts, tabulations, and similar data offered in evidence at the hearings shall, upon a showing satisfactory to the Presiding Officer of their authenticity, relevancy, and materiality, be received in evidence and shall constitute a part of the record.</P> <P>(6) Oral argument may be permitted in the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by him.</P> <P>(f)(1) The Presiding Officer shall make an initial decision which shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the record. The findings, conclusions, and written decision shall be provided to the parties and made a part of the record. The initial decision shall become the decision of the Administrator without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.</P> <P>(2) On appeal from or review of the initial decision the Administrator shall have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review.</P> <CITA>[42 FR 32907, June 28, 1977, as amended at 49 FR 48479, Dec. 12, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.079-31</SECTNO> <SUBJECT>Separate certification.</SUBJECT> <P>Where possible a manufacturer should include in a single application for certification all vehicles (or engines) for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The <PRTPAGE P="62"/>selection of test vehicles (or test engines) and the computation of test results will be determined separately for each application.</P> <CITA>[42 FR 45149, Sept. 8, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.079-32</SECTNO> <SUBJECT>Addition of a vehicle or engine after certification.</SUBJECT> <P>(a) If a manufacturer proposes to add to his product line a vehicle (or engine) of the same engine-system combination as vehicles (or engines) previously certified but which was not described in the application for certification when the test vehicle(s) (or test engine(s)) representing other vehicles (or engines) of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in § 86.079-34. This notification shall include a full description of the vehicle (or engine) to be added.</P> <P>(b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) (or test engine(s)) representing the vehicle (or engine) to be added which would have been required if the vehicle (or engine) had been included in the original application for certification.</P> <P>(c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under § 86.079-29, the Administrator determines that the test vehicle(s) or test engine(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) (or test engine(s)) does not meet applicable standards, he will proceed under § 86.079-30(b).</P> <CITA>[42 FR 45149, Sept. 8, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.079-33</SECTNO> <SUBJECT>Changes to a vehicle or engine covered by certification.</SUBJECT> <P>(a) The manufacturer shall notify the Administrator of any change in production vehicles (or production engines) in respect to any of the parameters listed in § 86.079-24(a)(3), § 86.079-24(b)(1)(iii), § 86.079-24(b)(2) (iii) or § 86.079-24(b)(3)(iii) as applicable, giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in § 86.079-34.</P> <P>(b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct. The Administrator will determine whether the vehicle (or engine), as modified, would still be covered by the certificate of conformity then in effect.</P> <P>(c) If the Administrator determines that the outstanding certificate would cover the modified vehicles (or engines) he will notify the manufacturer in writing. Except as provided in § 86.079-34 the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles (or engines) would not be covered by the certificate then in effect, the modified vehicles (or engines) shall be treated as additions to the product line subject to § 86.079-32.</P> <CITA>[42 FR 45149, Sept. 8, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.079-36</SECTNO> <SUBJECT>Submission of vehicle identification numbers.</SUBJECT> <P>(a) Upon request of the Administrator, the manufacturer of any light-duty vehicle or light-duty truck covered by a certificate of conformity shall, within 30 days, identify by vehicle identification number, the vehicle(s) covered by the certificate of conformity.</P> <P>(b) The manufacturer of any light-duty vehicle or light-duty truck covered by a certificate of conformity shall provide to the Administrator, within 60 days of the issuance of a certificate of conformity, an explanation of the elements in any vehicle identification coding system in sufficient detail to enable the Administrator to identify those vehicles which are covered by a certificate of conformity.</P> <CITA>[43 FR 52920, Nov. 14, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.079-39</SECTNO> <SUBJECT>Submission of maintenance instructions.</SUBJECT> <P>(a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 86.079-23, a copy of the maintenance instructions which the manufacturer <PRTPAGE P="63"/>proposes to supply to the ultimate purchaser in accordance with § 86.079-38(a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's (or engine's) emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems.</P> <P>(b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time.</P> <CITA>[42 FR 45151, Sept. 8, 1977]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.080-12</SECTNO> <SUBJECT>Alternative certification procedures.</SUBJECT> <P>(a)(1) The Administrator will determine which of the following certification procedures (paragraph (a)(3) or (a)(4) of this section) may be used to demonstrate compliance for each heavy-duty engine, light-duty vehicle, and light-duty truck engine family for which certification is sought.</P> <P>(2) The families selected for the procedure described in paragraph (a)(3) of this section will be subject to this procedure at the option of the manufacturer.</P> <P>(3) The following provisions apply to those heavy-duty engine, light-duty vehicle, and light-duty truck engine families which the Administrator has specified may be subject to the abbreviated certification review procedure.</P> <P>(i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the applicable standards for each class of new motor vehicles or new motor vehicle engines for which certification is sought.</P> <P>(ii) As specifically allowed by the Administrator, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family for which certification is sought and which are within the jurisdiction of the Administrator, with the exception that the Administrator will determine whether a test vehicle, or test engine, has met the applicable emission standards.</P> <P>(iii) The manufacturer shall maintain, update, and correct all records and information required.</P> <P>(iv) The Administrator may review a manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator.</P> <P>(v) At the Administrator's request, the manufacturer shall notify the Administrator of the status of the certification program including projected schedules of those significant accomplishments specified by the Administrator.</P> <P>(vi) The manufacturer shall permit the Administrator to inspect any facilities, records, and vehicles from which data are obtained under the abbreviated certification review procedure.</P> <P>(vii) Upon completing all applicable requirements of part 86, the manufacturer shall submit a separate application for a certificate of conformity for each set of standards and each class of new motor vehicles or new motor vehicle engines for which certification is sought. Such application shall be made in writing to the Administrator by the manufacturer.</P> <P>(A) The Administrator may approve or disapprove, in whole or in part, an application for certification according to the procedures specified in § 86.080-22(b).</P> <P>(B) If, after a review of the application for certification, test reports and data submitted by the manufacturer, data obtained during an inspection, and any other pertinent data or information, the Administrator determines that a test vehicle(s) or test engine(s) has not met the requirements of the Act and the applicable subpart, he will notify the manufacturer in writing and set forth the reason(s) for the determination as specified in § 86.080-22(c).</P> <P>(4) Those families which are to be subjected to the complete EPA review procedure will follow the procedures specified in this subpart with the exception of § 86.080-12(a)(3).</P> <P>(b) The manufacturer may request that an engine family be subject to the <PRTPAGE P="64"/>abbreviated certification review procedure.</P> <P>(c) The Administrator may require that an engine family previously allowed to be subject to the abbreviated certification review procedure be transferred to the complete review procedure.</P> <CITA>[45 FR 26045, Apr. 17, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.082-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) The definitions of this section apply to this subpart and also to subparts B, D, I, and R of this part.</P> <P>(b) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act:</P> <P> <E T="03">Accuracy</E> means the difference between a measurement and true value.</P> <P> <E T="03">Act</E> means part A of title II of the Clean Air Act, 42 U.S.C. as amended, 7521, <E T="03">et seq.</E> </P> <P> <E T="03">Administrator</E> means the Administrator of the Environmental Protection Agency or his authorized representative.</P> <P> <E T="03">Auxiliary Emission Control Device (AECD)</E> means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.</P> <P> <E T="03">Basic engine</E> means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), catalyst usage, and other engine and emission control system characteristics specified by the Administrator.</P> <P> <E T="03">Basic vehicle frontal area</E> means the area enclosed by the geometric projection of the basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and air deflectors, onto a plane perpendicular to the longitudinal axis of the vehicle.</P> <P> <E T="03">Body style</E> means a level of commonality in vehicle construction as defined by number of doors and roof treatment (e.g., sedan, convertible, fastback, hatchback).</P> <P> <E T="03">Body type</E> means a name denoting a group of vehicles that are either in the same car line or in different car lines provided the only reason the vehicles qualify to be considered in different car lines is that they are produced by a separate division of a single manufacturer.</P> <P> <E T="03">Calibrating gas</E> means a gas of known concentration which is used to establish the response curve of an analyzer.</P> <P> <E T="03">Calibration</E> means the set of specifications, including tolerances, unique to a particular design, version, or application of a component or components assembly capable of functionally describing its operation over its working range.</P> <P> <E T="03">Car line</E> means a name denoting a group of vehicles within a make or car division which has a degree of commonality in construction (e.g., body, chassis). Car line does not consider any level of decor or opulence and is not generally distinguished by characteristics as roofline, number of doors, seats, or windows except for station wagons or light-duty trucks. Station wagons and light-duty trucks are considered to be different car lines than passenger cars.</P> <P> <E T="03">Configuration</E> means a subclassifica-tion of an engine-system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, final drive ratio, and other parameters which may be designated by the Administrator.</P> <P> <E T="03">Crankcase emissions</E> means airborne substances emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems.</P> <P> <E T="03">Curb-idle</E> for manual transmission code heavy-duty engines means the manufacturer's recommended engine speed with the transmission in neutral or with the clutch disengaged. For automatic transmission code heavy-duty engines, curb-idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled.</P> <P> <E T="03">Defeat Device</E> means an AECD that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal urban vehicle operation and use, unless (1) such conditions are substantially included in the Federal emission test procedure, (2) the need for the AECD is justified in terms <PRTPAGE P="65"/>of protecting the vehicle against damage or accident, or (3) the AECD does not go beyond the requirements of engine starting.</P> <P> <E T="03">Diurnal breathing losses</E> means evaporative emissions as a result of the daily range in temperature.</P> <P> <E T="03">Drive train configuration</E> means a unique combination of engine code, transmission configuration, and axle ratio.</P> <P> <E T="03">Dynamometer-idle</E> for automatic transmission code heavy-duty engines means the manufacturer's recommended engine speed without a transmission that simulates the recommended engine speed with a transmission and with the transmission in neutral.</P> <P> <E T="03">Engine code</E> means a unique combination, within an engine-system combination, of displacement, carburetor (or fuel injection) calibration, choke calibration, distributor calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator.</P> <P> <E T="03">Engine family</E> means the basic classification unit of a manufacturer's product line used for the purpose of test fleet selection and determined in accordance with § 86.082-24.</P> <P> <E T="03">Engine family group</E> means a combination of engine families for the purpose of determining a minimum deterioration factor under the Alternative Durability Program.</P> <P> <E T="03">Engine-system combination</E> means an engine family-exhaust emission control system combination.</P> <P> <E T="03">EPA Enforcement Officer</E> means any officer of employee of the Environmental Protection Agency so designated in writing by the Administrator (or by his designee).</P> <P> <E T="03">Evaporative emission code</E> means a unique combination, in an evaporative emission family-evaporative emission control system combination, of purge system calibrations, fuel tank and carburetor bowl vent calibrations and other fuel system and evaporative emission control system components and calibrations specified by the Administrator.</P> <P> <E T="03">Evaporative emissions</E> means hydrocarbons emitted into the atmosphere from a motor vehicle, other than exhaust and crankcase emissions.</P> <P> <E T="03">Evaporative vehicle configuration</E> means a unique combination of basic engine, engine code, body type, and evaporative emission code.</P> <P> <E T="03">Exhaust emissions</E> means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine.</P> <P> <E T="03">Fuel evaporative emissions</E> means vaporized fuel emitted into the atmosphere from the fuel system of a motor vehicle.</P> <P> <E T="03">Fuel system</E> means the combination of fuel tank(s), fuel pump, fuel lines, and carburetor or fuel injection components, and includes all fuel system vents and fuel evaporative emission control system components.</P> <P> <E T="03">Gross vehicle weight</E> means the manufacturer's gross weight rating for the individual vehicle.</P> <P> <E T="03">Gross vehicle weight rating (GVWR)</E> means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.</P> <P> <E T="03">Hang-up</E> refers to the process of hydrocarbon molecules being adsorbed, condensed, or by any other method removed from the sample flow prior to reaching the instrument detector. It also refers to any subsequent desorption of the molecules into the sample flow when they are assumed to be absent.</P> <P> <E T="03">Heavy-duty engine</E> means any engine which the engine manufacturer could reasonably expect to be used for motive power in a heavy-duty vehicle.</P> <P> <E T="03">Heavy-duty vehicle</E> means any motor vehicle rated at more than 8,500 pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds or that has a basic vehicle frontal area in excess of 45 square feet.</P> <P> <E T="03">High altitude</E> means any elevation over 1,219 meters (4,000 feet).</P> <P> <E T="03">High-altitude conditions</E> means a test altitude of 1,620 meters (5,315 feet), plus or minus 100 meters (328 feet), or equivalent observed barometric test conditions of 83.3<E T="21">±</E>1 kilopascals.</P> <P> <E T="03">High-altitude reference point</E> means an elevation of 1,620 meters (5,315 feet) plus or minus 100 meters (328 feet), or equivalent observed barometric test conditions of 83.3 kPa (24.2 inches Hg), plus or minus 1 kPa (0.30 Hg).<PRTPAGE P="66"/> </P> <P> <E T="03">Hot-soak losses</E> means evaporative emissions after termination of engine operation.</P> <P> <E T="03">Incomplete truck</E> means any truck which does not have the primary load carrying device or container attached.</P> <P> <E T="03">Inertia weight class</E> means the class, which is a group of test weights, into which a vehicle is grouped based on its loaded vehicle weight in accordance with the provisions of part 86.</P> <P> <E T="03">Intermediate speed</E> means peak torque speed if peak torque speed occurs between 60 and 75 percent of rated speed. If the peak torque speed is less than 60 percent of rated speed, intermediate speed means 60 percent of rated speed. If the peak torque speed is greater than 75 percent of rated speed, intermediate speed means 75 percent of rated speed.</P> <P> <E T="03">Light-duty truck</E> means any motor vehicle rated at 8,500 pounds GVWR or less which as a vehicle curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is:</P> <P>(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or</P> <P>(2) Designed primarily for transportation of persons and has a capacity of more than 12 persons, or</P> <P>(3) Available with special features enabling off-street or off-highway operation and use.</P> <P> <E T="03">Light-duty vehicle</E> means a passenger car or passenger car derivative capable of seating 12 passengers or less.</P> <P> <E T="03">Loaded vehicle weight</E> means the vehicle curb weight plus 300 pounds.</P> <P> <E T="03">Low altitude</E> means any elevation equal to or less than 1,219 meters (4,000 feet).</P> <P> <E T="03">Low altitude conditions</E> means a test altitude less than 549 meters (1,800 feet).</P> <P> <E T="03">Malfunction</E> means not operating according to specifications (e.g., those specifications listed in the application for certification).</P> <P> <E T="03">Maximum rated horsepower</E> means the maximum brake horsepower output of an engine as stated by the manufacturer in his sales and service literature and his application for certification under § 86.082-21.</P> <P> <E T="03">Maximum rated torque</E> means the maximum torque produced by an engine as stated by the manufacturer in his sales and service literature and his application for certification under § 86.082-21.</P> <P> <E T="03">Military engine</E> means any engine manufactured solely for the Department of Defense to meet military specifications.</P> <P> <E T="03">Model</E> means a specific combination of car line, body style, and drivetrain configuration.</P> <P> <E T="03">Model type</E> means a unique combination of car line, basic engine, and transmission class.</P> <P> <E T="03">Model year</E> means the manufacturer's annual production period (as determined by the Administrator) which includes January 1 of such calendar year: <E T="03">Provided,</E> That if the manufacturer has no annual production period, the term <E T="03">model year</E> shall mean the calendar year.</P> <P> <E T="03">Nominal fuel tank capacity</E> means the volume of the fuel tank(s), specified by the manufacturer to the nearest tenth of a U.S. gallon, which may be filled with fuel from the fuel tank filler inlet.</P> <P> <E T="03">Opacity</E> means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke.</P> <P> <E T="03">Option</E> means any available equipment or feature not standard equipment on a model.</P> <P> <E T="03">Oxides of nitrogen</E> means the sum of the nitric oxide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the form of nitrogen dioxide.</P> <P> <E T="03">Peak torque speed</E> means the speed at which an engine develops maximum torque.</P> <P> <E T="03">Percent load</E> means the fraction of the maximum available torque at a specified engine speed.</P> <P> <E T="03">Precision</E> means the standard deviation of replicated measurements.</P> <P> <E T="03">Rated speed</E> means the speed at which the manufacturer specifies the maximum rated horsepower of an engine.</P> <P> <E T="03">Reconfigured emission-data vehicle</E> means an emission-data vehicle obtained by modifying a previously used emission-data vehicle to represent another emission-data vehicle.</P> <P> <E T="03">Running loss</E> means fuel evaporative emissions resulting from an average trip in an urban area or the simulation of such a trip.</P> <P> <E T="03">Scheduled maintenance</E> means any adjustment, repair, removal, disassembly, <PRTPAGE P="67"/>cleaning, or replacement of vehicle components or systems which is performed on a periodic basis to prevent part failure or vehicle (if the engine were installed in a vehicle) malfunction.</P> <P> <E T="03">Smoke</E> means the matter in the exhaust emission which obscures the transmission of light.</P> <P> <E T="03">Span gas</E> means a gas of known concentration which is used routinely to set the output level of an analyzer.</P> <P> <E T="03">Standard equipment</E> means those features or equipment which are marketed on a vehicle over which the purchaser can exercise no choice.</P> <P> <E T="03">System</E> includes any motor vehicle engine modification which controls or causes the reduction of substances emitted from motor vehicles.</P> <P> <E T="03">Tank fuel volume</E> means the volume of fuel in the fuel tank(s), which is determined by taking the manufacturer's nominal fuel tank(s) capacity and multiplying by 0.40, the result being rounded using ASTM E 29-67 to the nearest tenth of a U.S. gallon.</P> <P> <E T="03">Test weight</E> means the weight, within an inertia weight class, which is used in the dynamometer testing of a vehicle, and which is based on its loaded vehicle weight in accordance with the provisions of part 86.</P> <P> <E T="03">Throttle</E> means the mechanical linkage which either directly or indirectly controls the fuel flow to the engine.</P> <P> <E T="03">Transmission class</E> means the basic type of transmission, e.g., manual, automatic, semiautomatic.</P> <P> <E T="03">Transmission configuration</E> means a unique combination, within a transmission class, of the number of the forward gears and, if applicable, overdrive. The Administrator may further subdivide a transmission configuration (based on such criteria as gear ratios, torque convertor multiplication ratio, stall speed and shift calibration, etc.), if he determines that significant fuel economy or exhaust emission differences exist within that transmission configuration.</P> <P> <E T="03">Unscheduled maintenance</E> means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed to correct a part failure or vehicle (if the engine were installed in a vehicle) malfunction.</P> <P> <E T="03">Useful life</E> means:</P> <P>(1) For light-duty vehicles and light-duty trucks a period of use of 5 years or 50,000 miles, whichever first occurs.</P> <P>(2) For gasoline-fueled heavy-duty engines a period of use of 5 years or 50,000 miles of vehicle operation or 1,500 hours of engine operation (or an equivalent period of 1,500 hours of dynamometer operation), whichever first occurs.</P> <P>(3) For diesel heavy-duty engines a period of use of 5 years or 100,000 miles of vehicle operation or 3,000 hours of engine operation (or an equivalent period of 1,000 hours of dynamometer operation), whichever first occurs.</P> <P> <E T="03">Van</E> means a light-duty truck having an integral enclosure, fully enclosing the driver compartment and load carrying device, and having no body sections protruding more than 30 inches ahead of the leading edge of the windshield.</P> <P> <E T="03">Vehicle configuration</E> means a unique combination of basic engine, engine code, inertia weight class, transmission configuration, and axle ratio.</P> <P> <E T="03">Vehicle curb weight</E> means the actual or the manufacturer's estimated weight of the vehicle in operational status with all standard equipment, and weight of fuel at nominal tank capacity, and the weight of optional equipment computed in accordance with § 86.082-24; incomplete light-duty trucks shall have the curb weight specified by the manufacturer.</P> <P> <E T="03">Zero (0) hours</E> means that point after normal assembly line operations and adjustments are completed and before ten (10) additional operating hours have been accumulated, including emission testing, if performed.</P> <P> <E T="03">Zero (0) miles</E> means that point after initial engine starting (not to exceed 100 miles of vehicle operation, or three hours of engine operation) at which normal assembly line operations and adjustments are completed, and including emission testing, if performed.</P> <CITA>[46 FR 50475, Oct. 13, 1981, and 47 FR 49807, 49808, Nov. 2, 1982; 62 FR 31233, June 6, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.082-34</SECTNO> <SUBJECT>Alternative procedure for notification of additions and changes.</SUBJECT> <P>(a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle (or engine) <PRTPAGE P="68"/>under § 86.079-32 or a change in a vehicle (or engine) under § 86.079-33, notify the Administrator concurrently with making an addition of a vehicle or a change in a vehicle, if the manufacturer determines that following the change all vehicles (or engines) effected by the addition or change will still meet the applicable emission standards. Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may desire to include to support the manufacturer's determination. The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing.</P> <P>(b) The Administrator may require that additional emission testing be performed to support the manufacturers original determination submitted in paragraph (a) of this section. If additional testing is required the Administrator shall proceed as in § 86.079-32 (b) and (c) or § 86.079-33 (b) and (c) as appropriate. Additional test data, if requested, must be provided within 30 days of the request or the manufacturer must rescind the addition or change immediately. The Administrator may grant additional time to complete testing. If based on this additional testing or any other information, the Administrator determines that the vehicles effected by the addition or change do not meet the applicable standards the Administrator will notify the manufacturer to rescind the addition or change immediately upon receipt of the notification.</P> <P>(c) Election to produce vehicles (or engines) under this section will be deemed to be a consent to recall all vehicles (or engines) which the Administrator determines under § 86.079-32(c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner.</P> <CITA>[46 FR 50486, Oct. 13, 1981, and 47 FR 49807, Nov. 2, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.084-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions in § 86.082-2 remain effective. The definitions listed in this section apply beginning with the 1984 model year.</P> <P> <E T="03">Approach angle</E> means the smallest angle in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire.</P> <P> <E T="03">Axle clearance</E> means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile.</P> <P> <E T="03">Breakover angle</E> means the supplement of the largest angle, in the plan side view of an automobile, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile.</P> <P> <E T="03">Curb-idle</E> means:</P> <P>(1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off.</P> <P>(2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. (Measured idle speed may be used in lieu of curb-idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under either § 86.1341 or § 86.884-7 but not sufficient to permit adjustment in accordance with § 86.085-25.)</P> <P> <E T="03">Departure angle</E> means the smallest angle, in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the automobile rearward of the rear tire.<PRTPAGE P="69"/> </P> <P> <E T="03">Emission-related maintenance</E> means that maintenance which does substantially affect emissions or which is likely to affect the deterioration of the vehicle or engine with respect to emissions, even if the maintenance is performed at some time other than that which is recommended.</P> <P> <E T="03">Heavy-passenger cars</E> means, for the 1984 model year only, a passenger car or passenger car derivative capable of seating 12 passengers or less, rated at 6,000 pounds GVW or more and having an equivalent test weight of 5,000 pounds or more.</P> <P> <E T="03">Non-emission related maintenance</E> means that maintenance which does not substantially affect emissions and which does not have a lasting effect on the deterioration of the vehicle or engine with respect to emissions once the maintenance is performed at any particular date.</P> <P> <E T="03">Scheduled maintenance</E> means any adjustment, repair, removal, disassembly, cleaning, or replacement of vehicle components or systems which is performed on a periodic basis to prevent part failure or vehicle (if the engine were installed in a vehicle) malfunction, or anticipated as necessary to correct an overt indication of vehicle malfunction or failure for which periodic maintenance is not appropriate.</P> <P> <E T="03">Special features enabling off-street or off-highway operation and use</E> means a vehicle:</P> <P>(1) That has 4-wheel drive; and</P> <P>(2) That has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel to the vehicle's longitudinal centerline, and the tires inflated to the manufacturer's recommended pressure;</P> <P>(i) Approach angle of not less than 28 degrees.</P> <P>(ii) Breakover angle of not less than 14 degrees.</P> <P>(iii) Departure angle of not less than 20 degrees.</P> <P>(iv) Running clearance of not less than 8 inches.</P> <P>(v) Front and rear axle clearances of not less than 7 inches each.</P> <P> <E T="03">Static loaded radius arc</E> means a portion of a circle whose center is the center of a standard tire-rim combination of an automobile and whose radius is the distance from that center to the level surface on which the automobile is standing, measured with the automobile at curb weight, the wheel parallel to the vehicle's longitudinal centerline, and the tire inflated to the manufacturer's recommended pressure.</P> <P> <E T="03">Unscheduled maintenance</E> means any adjustment, repair, removal disassembly, cleaning, or replacement of vehicle components or systems which is performed to correct a part failure or vehicle (if the engine were installed in a vehicle) malfunction which was not anticipated.</P> <P> <E T="03">Useful life</E> means:</P> <P>(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.</P> <P>(b)(1) For a light-duty truck engine family or heavy-duty engine family, the average period of use up to engine retirement or rebuild, whichever occurs first, as determined by the manufacturer under § 86.084-21(b)(4)(ii)(B).</P> <P>(2) For a specific light-duty truck or heavy-duty engine, the period of use represented by the first occurring of the following:</P> <P>(i) The engine reaches the point of needing to be rebuilt, according to the criteria established by the manufacturer under § 86.084-21(b)(4)(ii)(C), or</P> <P>(ii) The engine reaches its engine family's useful life.</P> <P>(3) If the useful life of a specific light-duty truck or heavy-duty engine is found to be less than 5 years or 50,000 miles (or the equivalent), the useful life shall be a period of use of 5 years or 50,000 miles (or the equivalent), whichever occurs first, as required by section 202(d)(2) of the Act.</P> <P>(4) For purpose of identification this option shall be known as the average useful-life period.</P> <P>(c)(1) As an option for a light-duty truck engine family, a period of use of 12 years or 130,000 miles, whichever occurs first.</P> <P>(2) As an option for a gasoline heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first.</P> <P>(3) As an option for a diesel heavy-duty engine family, a period of use of 10 years or 120,000 miles, whichever occurs first, for engines certified for use in vehicles of less than 19,500 pounds <PRTPAGE P="70"/>GVWR; a period of use of 10 years or 200,000 miles, whichever occurs first, for engines certified for use in vehicles of 19,501-26,000 pounds GVWR; or, a period of use of 10 years or 275,000 miles, whichever occurs first, for engines certified for use in vehicles whose GVWR exceeds 26,000 pounds.</P> <P>(4) As an option for both light-duty truck and heavy-duty engine families, an alternate full-life value assigned by the Administrator under § 86.084-21(b)(4)(ii)(B)(<E T="03">4</E>).</P> <P>(5) For purpose of identification these options shall be known as the assigned useful-life period options.</P> <P>(6) For those light-duty truck and heavy-duty engine families using the assigned useful-life period options, the warranty period for emissions defect warranty and emissions performance warranty shall be 5 years/50,000 miles for light-duty trucks, 5 years/50,000 miles for gasoline heavy-duty engines and for diesel heavy-duty engines certified for use in vehicle of less than 19,501 lbs. GVWR, and 5 years/100,000 miles for all other diesel heavy-duty engines. However, in no case may this period be less than the basic mechanical warranty period.</P> <P>(7) The assigned useful-life period options, as detailed in paragraphs (c)(1) through (c)(6) of this section, are applicable for the 1984 model year only.</P> <P>(d)(1) As an option for the 1984 model year and for the 1984 model year only, the useful life of light-duty trucks and heavy-duty engine families may be defined as prescribed in § 86.077-2.</P> <P>(2) For purpose of identification this option shall be known as the half-life useful-life option.</P> <CITA>[45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982; 48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec. 10, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.084-4</SECTNO> <SUBJECT>Section numbering; construction.</SUBJECT> <P>(a) <E T="03">Section numbering.</E> (1) The model year of initial applicability is indicated by the last two digits of the 5-digit group. A section remains in effect for subsequent model years until it is superseded. The number following the hyphen designates what previous section is replaced by a future regulation.</P> <EXAMPLE> <HD SOURCE="HED">Examples:</HD> <P>Section 86.077-6 applies to the 1977 and subsequent model years until superseded. If a § 86.080-6 is promulgated it would take effect with the 1980 model year; § 86.077-6 would not apply after the 1979 model year. Section 86.077-10 would be replaced by § 86.078-10 beginning with the 1978 model year.</P> </EXAMPLE> <P>(2) Where a section still in effect references a section that has been superseded, the reference shall be interpreted to mean the superseding section.</P> <P>(b) A section reference without a model year suffix refers to the section applicable for the appropriate model year.</P> <P>(c) <E T="03">Construction.</E> Except where indicated, the language in this subpart applies to both vehicles and engines. In many instances, language referring to engines is enclosed in parentheses and immediately follows the language discussing vehicles.</P> <CITA>[45 FR 63747, Sept. 25, 1980, as amended at 59 FR 48492, Sept. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.084-40</SECTNO> <SUBJECT>Automatic expiration of reporting and recordkeeping requirements.</SUBJECT> <P>(a) [Reserved]</P> <P>(b) <E T="03">Light-duty trucks and heavy-duty engines.</E> (1) All of the recordkeeping and reporting requirements in this subpart for which 1984 is the first model year of implementation will automatically expire on December 31, 1988, unless the Administrator acts to retain them.</P> <P>(2) If the Administrator determines that the reporting and recordkeeping requirements should be retained she/he will also at that time establish the subsequent date of expiration, which will not be later than December 31, 1993.</P> <CITA>[45 FR 63770, Sept. 25, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.085-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>(a) The provisions of this subpart apply to 1985 and later model year new gasoline-fueled and diesel light-duty vehicles, 1985 and later model year new gasoline-fueled and diesel light-duty trucks, and 1985 and later model year new gasoline-fueled and diesel heavy-duty engines.</P> <P>(b) <E T="03">Optional applicability.</E> A manufacturer may request to certify any heavy-duty vehicle 10,000 pounds <PRTPAGE P="71"/>GVWP or less in accordance with the light-duty truck provisions. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.</P> <P>(c) [Reserved]</P> <P>(d) <E T="03">Alternative Durability Program.</E> For 1985 and later model year light-duty vehicles and light-duty trucks, a manufacturer may elect to participate in the Alternative Durability Program. This optional program provides an alternative method of determining exhaust emission control system durability. The general procedures and a description of the programs are contained in § 86.085-13 and specific provisions on test vehicles and compliance procedures are contained in §§ 86.085-24 and 86.085-28 respectively.</P> <P>(e) <E T="03">Small volume manufacturers.</E> Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, and heavy-duty engines in its product line are fewer than 10,000 units for the model year in which the manufacturer seeks certification. In order to certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. Vehicles produced at facilities leased, operated, controlled, supervised, or in 10 percent or greater part owned by the manufacturer shall be counted in calculating the total sales of the manufacturer. The small-volume manufacturer's certification procedures are described in § 86.084-14.</P> <P>(f) <E T="03">Optional Procedures for Determining Exhaust Opacity.</E> (1) The provisions of subpart I apply to tests which are performed by the Administrator, and optionally, by the manufacturer.</P> <P>(2) Measurement procedures, other than that described in subpart I, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.085-23(f).</P> <P>(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements of subpart I.</P> <P>(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with subpart I data, EPA may require that all certificates of conformity not already issued be based on data from subpart I procedures. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601(a)</SECAUTH> <CITA>[48 FR 22548, May 19, 1983, as amended at 50 FR 10648, Mar. 15, 1985; 51 FR 24608, July 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.085-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.084-2 remain effective. The definitions listed in this section apply beginning with the 1985 model year.</P> <P> <E T="03">Abnormally treated vehicle</E>, any diesel light-duty vehicle or diesel light-duty truck that is operated for less than five miles in a 30 day period immediately prior to conducting a particulate emissions test.</P> <P> <E T="03">Composite particulate standard</E>, for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram-per-mile:</P> <MATH DEEP="31" SPAN="2"> <MID>ER06OC93.004</MID> </MATH> <EXTRACT> <PRTPAGE P="72"/> <FP>Where:</FP> <FP SOURCE="FP-2">PROD<E T="52">LDV</E> represents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="52">LDV</E> represents the light-duty vehicle particulate standard.</FP> <FP SOURCE="FP-2">PROD<E T="22">LDT</E> represents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="22">LDT</E> represents the light-duty truck particulate standard.</FP> </EXTRACT> <P> <E T="03">Family particulate emission limit</E> means the diesel particulate emission level to which an engine family is certified in the particulate averaging program, expressed to an accuracy of one hundredth gram-per-mile.</P> <P> <E T="03">Incomplete gasoline-fueled heavy-duty vehicle</E> means any gasoline-fueled heavy-duty vehicle which does not have the primary load-carrying device, or passenger compartment, or engine compartment or fuel system attached.</P> <P> <E T="03">Production-weighted average</E> means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the particulate averaging program. It is calculated at the end of the model year by multiplying each family particulate emission limit by its respective production, summing these terms, and dividing the sum by the total production of the effected families. Those vehicles produced for sale in California or at high altitude shall each be averaged separately from those produced for sale in any other area.</P> <P> <E T="03">Primary intended service class</E> means:</P> <P>(a) The primary service application group for which a heavy-duty diesel engine in designed and marketed, as determined by the manufacturer. The primary intended service classes are designated as light, medium, and heavy heavy-duty diesel engines. The determination is based on factors such as vehicle GVW, vehicle usage and operating patterns, other vehicle design characteristics, engine horsepower, and other engine design and operating characteristics.</P> <P>(1) Light heavy-duty diesel engines usually are non-sleeved and not designed for rebuild; their rated horsepower generally ranges from 70 to 170. Vehicle body types in this group might include any heavy-duty vehicle built for a light-duty truck chassis, van trucks, multi-stop vans, recreational vehicles, and some single axle straight trucks. Typical applications would include personal transportation, light-load commercial hauling and delivery, passenger service, agriculture, and construction. The GVWR of these vehicles is normally less than 19,500 lbs.</P> <P>(2) Medium heavy-duty diesel engines may be sleeved or non-sleeved and may be designed for rebuild. Rated horsepower generally ranges from 170 to 250. Vehicle body types in this group would typically include school buses, tandem axle straight trucks, city tractors, and a variety of special purpose vehicles such as small dump trucks, and trash compactor trucks. Typical applications would include commercial short haul and intra-city delivery and pickup. Engines in this group are normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.</P> <P>(3) Heavy heavy-duty diesel engines are sleeved and designed for multiple rebuilds. Their rated horsepower generally exceeds 250. Vehicles in this group are normally tractors, trucks, and buses used in inter-city, long-haul applications. These vehicles normally exceed 33,000 lbs GVWR.</P> <P> <E T="03">Useful life</E> means:</P> <P>(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.</P> <P>(b) For a light-duty truck engine family, a period of use of 11 years or 120,000 miles, whichever occurs first.</P> <P>(c) For a gasoline-fueled heavy-duty engine family (and in the case of evaporative emission regulations, for gasoline-fueled heavy-duty vehicles), a period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(d) For a diesel heavy-duty engine family:</P> <P>(1) For light heavy-duty diesel engines, a period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(2) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever first occurs.</P> <P>(3) For heavy heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs.</P> <P>(e) As an option for both light-duty truck and heavy-duty engine families, <PRTPAGE P="73"/>an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of § 86.085-21.</P> <P>(f) The useful-life period for purposes of the emissions defect warranty and emissions performance warranty shall be a period of 5 years/50,000 miles whichever first occurs, for light-duty trucks, gasoline heavy-duty engines, and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period is 5 years/100,000 miles, whichever first occurs. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.</P> <CITA>[48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983; 52 FR 47863, Dec. 16, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.085-13</SECTNO> <SUBJECT>Alternative Durability Program.</SUBJECT> <P>(a) The procedures of the Alternative Durability Program are optional. Manufacturers may use these optional procedures to determine deterioration factors instead of using the procedures that this subpart otherwise requires.</P> <P>(b) The optional procedures of the Alternative Durability Program apply only to light-duty vehicles and light-duty trucks, and are effective for the 1985 and later model years. All manufacturers of these vehicles are eligible to participate in this program.</P> <P>(c) For engine families subject to the procedures of the Alternative Durability Program, the manufacturer shall submit deterioration factors to the Administrator for approval to use them for certification. The Administrator shall approve the use of deterioriation factors that:</P> <P>(1) The manufacturer attests are representative of the durability performance of its vehicles in actual field use when maintained according to the manufacturer's maintenance instructions (as limited under § 86.084-25(a)), and</P> <P>(2) Are equal to or greater than the deterioration factors that EPA determines under paragraph (d) of this section.</P> <P>(d) EPA shall determine minimum deterioration factors for engine families subject to the Alternative Durability Program. This determination shall be based on a procedure of grouping engine families (see § 86.085-24(a)) in order to use historical certification data to determine deterioration factors for each engine family group. The historical data shall be updated yearly through the testing of production durability-data vehicles. Test vehicle requirements under these procedures are contained in § 86.085-24(h) and compliance requirements are contained in § 86.085-28 (a)(5) and (b)(5).</P> <P>(e) <E T="03">Request Procedures.</E> (1) A manufacturer wishing to participate in the Alternative Durability Program must submit to the Administrator, for each model year, a written request describing the engine families that the manufacturer elects to be included in the program.</P> <P>(2) The Administrator may declare ineligible any engine family for which the Administrator determines there is unreasonable risk in determining a deterioration factor using the methods of the Alternative Durability Program. Furthermore, the Administrator may limit the number of engine families within the manufacturer's product line that are eligible for the Alternative Durability Program.</P> <P>(3) Upon approval of the manufacturer's request to participate, the Administrator and the manufacturer may enter into a written agreement prescribing the terms and conditions of the program. This agreement shall be equitable as compared to agreements entered into with other manufacturers. The agreement shall specify the following:</P> <P>(i) The engine families to be included in the program and the engine family groups that have been established by the provisions of § 86.085-24(a) (8) and (9).</P> <P>(ii) The procedures for the selection of production durability-data vehicles specified under the provisions of § 86.085-24(h).</P> <P>(iii) The procedures for the determination of minimum exhaust emission deterioration factors for each engine family group.</P> <P>(f) <E T="03">Withdrawal from Alternative Durability Program.</E> (1) Subject to the conditions of the following paragraphs, a manufacturer may, at any time, withdraw all of its product line or separate <PRTPAGE P="74"/>engine family groups from this program. Only entire engine family groups may be withdrawn.</P> <P>(2) Once any engine family in an engine family group is certified using deterioration factors determined in the Alternative Durability Program, the manufacturer shall operate and test the production durability-data vehicles specified in § 86.085-24(h) in accordance with the procedures of this part.</P> <P>(3) The Administrator shall notify the manufacturer if a nonconformity of a category of vehicles within the engine family group is indicated by the production durability data. For the purpose of this paragraph, a nonconformity is determined to exist if:</P> <P>(i) Any emission-data vehicle within an engine family of the model year most recently certified under the Alternative Durability Program is projected to exceed an emission standard by applying deterioration factors generated by a production durability-data vehicle within the same engine family, or</P> <P>(ii) Any of the most recent model year's production durability-data vehicle configurations tested under paragraph (f)(2) of this section line crosses as defined in § 86.085-28(a)(5)(ii)(C). For the purpose of this paragraph, data from identical vehicles will be averaged as under § 86.085-28(a)(4)(i) (A) and (B).</P> <P>(4) If the Administrator notifies a manufacturer of such a nonconformity, the manufacturer shall submit, by a date specified by the Administrator, a plan to remedy the nonconformity which is acceptable to the Director, Office of Mobile Sources. For the purpose of this paragraph, the term “remedy the nonconformity” will have the same meaning as it does when it appears in section 207(c)(1) of the Clean Air Act.</P> <P>(5) The manufacturer shall comply with the terms of the remedial plan approved by the Director, Office of Mobile Sources.</P> <P>(6) If a manufacturer does not comply with the requirements of paragraph (f) (2), (4), or (5) of this section, the Administrator may deem the certificate of conformity for the affected engine families void <E T="03">ab initio.</E> </P> <CITA>[48 FR 22548, May 19, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.085-20</SECTNO> <SUBJECT>Incomplete vehicles, classification.</SUBJECT> <P>(a) An incomplete truck less than 8,500 pounds gross vehicle weight rating shall be classified by the manufacturer as a light-duty truck or as a heavy-duty vehicle. Incomplete light-duty trucks shall be described in the manufacturer's application for certification. The frontal area and curb weight used for certification purposes shall be specified on the label required in § 86.085-35(d). Incomplete heavy-duty trucks must be labeled as required in § 86.085-35(e) and § 86.085-35(g).</P> <P>(b) [Reserved]</P> <CITA>[48 FR 1439, Jan. 12, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.085-37</SECTNO> <SUBJECT>Production vehicles and engines.</SUBJECT> <P>(a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon request, a reasonable number of production vehicles (or engines) selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmission offered and typical of production models available for sale under the certificate. These vehicles (or engines) shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.</P> <P>(b)(1) Any manufacturer of light-duty vehicles or light-duty trucks obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of vehicles domestically produced for sale in the United States and the number of vehicles produced and imported for sale in the United States during the preceding year. Such information shall also include the number of vehicles produced for sale pursuant to § 88.204-94(b) of this chapter. A manufacturer may elect to provide this information every 60 days instead of yearly by combining it with the notification required under § 86.079-36. The notification must be submitted 30 days after the close of the reporting period. A manufacturer may combine <PRTPAGE P="75"/>the information required under § 86.1712(b) with the information included in paragraphs (b)(1) (i) through (iv) of this section into the report required under this section. The vehicle production information required shall be submitted as follows:</P> <P>(i) Total production volume expressed in terms of units produced;</P> <P>(ii) Model type production volume, expressed for each model type in terms of units produced and as a percentage of total production;</P> <P>(iii) Base level production volume, expressed for each base level in terms of units produced and as percentage of:</P> <P>(A) Total production of its respective model type(s), and</P> <P>(B) Total production; and</P> <P>(iv) Vehicle configuration production volume, expressed for each vehicle configuration in terms of units produced, and as a percentage of the total production of its respective base level. In addition, each vehicle configuration shall be identified by its appropriate engine-system combination.</P> <P>(2) All light-duty vehicles and light-duty trucks covered by a certificate of conformity under § 86.082-30(a) shall be adjusted by the manufacturer to the ignition or injection timing specification detailed in § 86.079-36(a)(1)(iii)(D).</P> <P>(c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle manufacturer obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of engines or vehicles of such engine family-evaporative emission family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding year.</P> <P>(d) The following definitions apply to this section:</P> <P>(1) <E T="03">Model type</E> means a unique combination of car line, basic engine, and transmission class.</P> <P>(2) <E T="03">Base level</E> means a unique combination of basic engine, inertia weight, and transmission class.</P> <P>(3) <E T="03">Vehicle configuration</E> means a unique combination of basic engine, engine code, inertia weight, transmission configuration, and axle ratio within a base level.</P> <CITA>[48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994; 62 FR 31233, June 6, 1997]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 62 FR 31233, June 6, 1997, § 86.085-37 was amended by revising paragraph (b)(1) introductory text, effective Aug. 5, 1997. That text contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. </P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 86.087-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Composite particulate standard</E> for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks with a loaded vehicle weight equal to or less than 3,750 lbs (LDDT1s) together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram per mile:</P> <MATH DEEP="40" SPAN="2"> <MID>ER06OC93.005</MID> </MATH> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-2">PROD<E T="52">LDV</E> represents the manufacturer's total light-duty vehicle production for those engine families being included in the average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="52">LDV</E> represents the light-duty vehicle particulate standard.</FP> <FP SOURCE="FP-2">PROD<E T="52">LDDT1</E> represents the manufacturer's total diesel light-duty truck production for those engine families with a loaded vehicle weight equal to or less than 3,750 lbs which are being included in the average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="52">LDDT1</E> represents the light-duty truck particulate standard for diesel light-duty trucks with a loaded vehicle weight equal to or less than 3,750 lbs.</FP> </EXTRACT> <P> <E T="03">Production-weighted average</E> means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its <PRTPAGE P="76"/>diesel engine families included in the particulate averaging program. It is calculated at the end of the model year by multiplying each family particulate emission limit by its respective production, summing these terms, and dividing the sum by the total production of the affected families. Those vehicles produced for sale in California or at high altitude shall each be averaged separately from those produced for sale in any other area. Diesel light-duty trucks with a loaded vehicle weight equal to or greater than 3,751 lbs (LDDT2s) shall only be averaged with other diesel light-duty trucks with a loaded vehicle weight equal to or greater than 3,751 lbs produced by that manufacturer.</P> <CITA>[53 FR 43875, Oct. 31, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.087-38</SECTNO> <SUBJECT>Maintenance instructions.</SUBJECT> <P>(a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.087-8, § 86.087-9, § 86.087-10, or § 86.087-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.087-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. For light-duty vehicle manufacturers optionally complying with § 86.087-25(a) for the 1987 model year, the Administrator approves any scheduled maintenance allowed by § 86.087-25(a) as being reasonable and necessary.</P> <P>(1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language.</P> <P>(2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions.</P> <P>(b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.087-25 (or under § 86.085-25(a), for light-duty vehicle families optionally complying with that section for the 1987 model year).</P> <P>(c) Scheduled emission-related maintenance in addition to that performed under § 86.087-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.087-25(b).</P> <P>(d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: <E T="03">Provided,</E> That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emission warranty or manufacturer recall liability.</P> <P>(e) If the vehicle has been granted an alternative useful life period under the provisions of § 86.087-21(f), the manufacturer may choose to include in such instructions an explanation of the distinction between the alternative useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up <PRTPAGE P="77"/>to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser.</P> <P>(f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10693, Mar. 15, 1985, as amended at 51 FR 24610, July 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.088-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions in § 86.085-2 remain effective. The definitions in this section apply beginning with the 1988 model year.</P> <P> <E T="03">Composite NO</E> <E T="52">X</E> <E T="03">standard</E>, for a manufacturer which elects to average light-duty trucks subject to the NO<E T="52">X</E> standard of § 86.088-9(a)(iii)(A) together with those subject to the NO<E T="52">X</E> standard of § 86.088-9(a)(iii)(B) in the light-duty truck NO<E T="52">X</E> averaging program, means that standard calculated according to the following equation and rounded to the nearest one-tenth gram per mile:</P> <MATH DEEP="37" SPAN="2"> <MID>ER06OC93.006</MID> </MATH> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-2">PROD<E T="52">A</E> = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(A) and included in the average for a given model year,</FP> <FP SOURCE="FP-2">STD<E T="52">A</E> = The NO<E T="52">X</E> standard of § 86.088-9(a)(iii)(A),</FP> <FP SOURCE="FP-2">PROD<E T="52">B</E> = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(B) and included in the average for a given model year, and</FP> <FP SOURCE="FP-2">STD<E T="52">B</E> = The NO<E T="52">X</E> standard of § 86.088-9(a)(iii)(B).</FP> </EXTRACT> <P> <E T="03">Critical emission-related components</E> are those components which are designed primarily for emission control, or whose failure may result in a significant increase in emissions accompanied by no significant impairment (or perhaps even an improvement) in performance, driveability, and/or fuel economy as determined by the Administrator.</P> <P> <E T="03">Critical emission-related maintenance</E> means that maintenance to be performed on critical emission-related components.</P> <P> <E T="03">Emission-related maintenance</E> means that maintenance which does substantially affect emissions or which is likely to affect the emissions deterioration of the vehicle or engine during normal in-use operation, even if the maintenance is performed at some time other than that which is recommended.</P> <P> <E T="03">Family NO</E> <E T="52">X</E> <E T="03">emission limit</E> means the NO<E T="52">X</E> emission level to which an engine family is certified in the light-duty truck NO<E T="52">X</E> averaging program, expressed to one-tenth of a gram per mile accuracy.</P> <P> <E T="03">Non-emission-related maintenance</E> means that maintenance which does not substantially affect emissions and which does not have a lasting effect on the emissions deterioration of the vehicle or engine during normal in-use operation once the maintenance is performed.</P> <P> <E T="03">Production-weighted NO</E> <E T="52">X</E> <E T="03">average</E> means the manufacturer's production-<PRTPAGE P="78"/>weighted average NO<E T="52">X</E> emission level, for certification purposes, of all of its light-duty truck engine families included in the NO<E T="52">X</E> averaging program. It is calculated at the end of the model year by multiplying each family NO<E T="52">X</E> emission limit by its respective production, summing those terms, and dividing the sum by the total production of the effected families. Those vehicles produced for sale in California or at high altitude shall each be averaged separately from those produced for sale in any other area.</P> <P> <E T="03">Production-weighted particulate average</E> means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the particulate averaging program. It is calculated at the end of the model year by multiplying each family particulate emission limit by its respective production, summing those terms, and dividing the sum by the total production of the effected families. Those vehicles produced for sale in California or at high altitude shall each be averaged separately from those produced for sale in any other area. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10648, Mar. 15, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.088-10</SECTNO> <SUBJECT>Emission standards for 1988 and 1989 model year gasoline-fueled heavy-duty engines and vehicles.</SUBJECT> <P>(a)(1) Exhaust emissions from new 1988 and later model year gasoline-fueled heavy-duty engines shall not exceed:</P> <P>(i) For engines intended for use in all vehicles except as provided in paragraph (a)(3) of this paragraph,</P> <P>(A) <E T="03">Hydrocarbons.</E> 1.1 grams per brake horsepower-hour, as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 14.4 grams per brake horsepower-hour, as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">Gasoline-fueled heavy-duty engines utilizing aftertreatment technology.</E> 0.50 percent of exhause gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> 10.6 grams per brake horsepower-hour, as measured under transient operating conditions.</P> <P>(ii) For engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds,</P> <P>(A) <E T="03">Hydrocarbons.</E> 1.9 grams per brake horsepower-hour, as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 37.1 grams per brake horsepower-hour as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">Gasoline-fueled heavy-duty engines utilizing aftertreatment technology.</E> 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> 10.6 grams per brake horsepower-hour, as measured under transient operating conditions.</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(1) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subparts N or P.</P> <P>(3)(i) A manufacturer may certify one or more gasoline-fueled heavy-duty engine configurations intended for use in all vehicles to the emission standards set forth in paragraph (a)(1)(ii) of this paragraph: <E T="03">Provided,</E> That the total model year sales of such configuration(s) being certified to the emission standards in paragraph (a)(1)(ii) of this section represent no more than 5 percent of total model year sales of all gasoline-fueled heavy-duty engines intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.</P> <P>(ii) The configurations certified to the emission standards of paragraph (a)(1)(ii) of this section under the provisions of paragraph (a)(3)(i) of this section shall still be required to meet the evaporative emission standards set forth in paragraphs (b)(1)(i)(A) and (b)(2)(i) of this section.</P> <P>(b)(1) Evaporative emissions from 1988 and later model year gasoline-fueled heavy-duty vehicles shall not exceed:</P> <P>(i) <E T="03">Hydrocarbons.</E> (A) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds, 3.0 grams per test.</P> <P>(B) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds, 4.0 grams per test.<PRTPAGE P="79"/> </P> <P>(2)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 pounds, the standards set forth in paragraph (b)(1) of this section refer to a composite sample of fuel evaporative emissions collected under the conditions set forth in subpart M and measured in accordance with those procedures.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 pounds, the standard set forth in paragraph (b)(1)(i)(B) of this section refers to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.088-23(b)(4)(ii)).</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1988 or later model year gasoline-fueled heavy-duty engine.</P> <P>(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of paragraphs (a) and (c) of this section. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10651, Mar. 15, 1985, as amended at 52 FR 47864, Dec. 16, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>(a) The provisions of this subpart apply to: 1990 and later model year new Otto-cycle and diesel light-duty vehicles; 1990 and later model year new Otto-cycle and diesel light-duty trucks; and, 1990 and later model year new Otto-cycle and diesel heavy-duty engines.</P> <P>(b) <E T="03">Optional applicability.</E> A manufacturer may request to certify any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or less to the light-duty truck provisions. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.</P> <P>(c) [Reserved]</P> <P>(d) <E T="03">Alternative Durability Program.</E> For 1990 and later model year light-duty vehicles and light-duty trucks, a manufacturer may elect to participate in the Alternative Durability Program. This optional program provides an alternative method of determining exhaust emission control system durability. The general procedures and a description of the programs are contained in § 86.085-13 and specific provisions on test vehicles and compliance procedures are contained in § 86.085-24 and § 86.088-28 respectively.</P> <P>(e) <E T="03">Small-Volume Manufacturers.</E> Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, and heavy-duty engines in its product line are fewer than 10,000 units for the model year in which the manufacturer seeks certification. In order to certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. Vehicles produced at facilities leased, operated, controlled, supervised, or is ten percent or greater part owned by the manufacturer shall be counted in calculating the total sales of the manufacturer. The small-volume manufacturer's certification procedures are described in § 86.090-14.</P> <P>(f) <E T="03">Optional Procedures for Determining Exhaust Opacity.</E> (1) The provisions of subpart I apply to tests which are performed by the Administrator, and optionally, by the manufacturer.</P> <P>(2) Measurement procedures, other than that described in subpart I, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.090-23(f).</P> <P>(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements of subpart I.</P> <P>(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that <PRTPAGE P="80"/>the data generated under an optional alternative measurement procedure do not adequately correlate with subpart I data, EPA may require that all certificates of conformity not already issued be based on data from subpart I procedures.</P> <CITA>[54 FR 14459, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions in § 86.088-2 remain effective. The definitions in this section apply beginning with the 1990 model year.</P> <P> <E T="03">Averaging</E> for heavy-duty engines means the exchange of NO<E T="52">X</E> and particulate emission credits among engine families within a given manufacturer's product line.</P> <P> <E T="03">Averaging set</E> means a subcategory of heavy-duty engines within which engine families can average and trade emission credits with one other.</P> <P> <E T="03">Banking</E> means the retention of heavy-duty engine NO<E T="52">X</E> and particulate emission credits, by the manufacturer generating the emission credits, for use in future model year certification programs as permitted by regulation.</P> <P> <E T="03">Composite particulate standard,</E> for a manufacturer which elects to average light-duty vehicles and light-duty trucks together in either the petroleum-fueled or methanol-fueled light-duty particulate averaging program, means that standards calculated using the following equation and rounded to the nearest one-hundredth (0.01) of a gram per mile:</P> <MATH DEEP="31" SPAN="2"> <MID>ER06OC93.007</MID> </MATH> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-2">PROD<E T="52">LDV</E> represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty vehicle production for those engine families being included in the appropriate average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="52">LDV</E> represents the light-duty vehicle particulate standard.</FP> <FP SOURCE="FP-2">PROD<E T="52">LDT</E> represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty truck production for those engine families being included in the appropriate average for a given model year.</FP> <FP SOURCE="FP-2">STD<E T="52">LDT</E> represents the light-duty truck particulate standard.</FP> </EXTRACT> <P> <E T="03">Dedicated vehicle (or engine)</E> means any motor vehicle (or motor vehicle engine) engineered and designed to be operated using a single fuel. Flexible fuel vehicles and multi-fuel vehicles are not dedicated vehicles.</P> <P> <E T="03">Diesel</E> means type of engine with operating characteristics significantly similar to the theoretical Diesel combustion cycle. The non-use of a throttle during normal operation is indicative of a diesel engine.</P> <P> <E T="03">Dual fuel vehicle (or engine)</E> means any motor vehicle (or motor vehicle engine) engineered and designed to be operated on two different fuels, but not on a mixture of fuels.</P> <P> <E T="03">Emission credits</E> mean the amount of emission reductions or exceedances, by a heavy-duty engine family, below or above the emission standard, respectively. Emission credits below the standard are considered as “positive credits,” while emission credits above the standard are considered as “negative credits.” In addition, “projected credits” refer to emission credits based on the projected U.S. production volume of the engine family. “Reserved credits” are emission credits generated within a model year waiting to be reported to EPA at the end of the model year. “Actual credits” refer to emission credits based on actual U.S. production volumes as contained in the end-of-year reports submitted to EPA. Some or all of these credits may be revoked if EPA review of the end of year reports or any subsequent audit actions uncover problems or errors.</P> <P> <E T="03">Family emission limit</E> (FEL) means an emission level declared by the manufacturer which serves in lieu of an emission standard for certification purposes in any of the averaging, trading, <PRTPAGE P="81"/>or banking programs. FELs must be expressed to the same number of decimal places as the applicable emission standard. The FEL for an engine family using NO<E T="52">X</E> or particulate NCPs must equal the value of the current NO<E T="52">X</E> or particulate emission standard.</P> <P> <E T="03">Flexible fuel vehicle (or engine)</E> means any motor vehicle (or motor vehicle engine) engineered and designed to be operated on any mixture of two or more different fuels.</P> <P> <E T="03">Methanol-fueled</E> means any motor vehicle or motor vehicle engine that is engineered and designed to be operated using methanol fuel (<E T="03">i.e.,</E> a fuel that contains at least 50 percent methanol (CH<E T="52">3</E>OH) by volume) as fuel. Flexible fuel vehicles are methanol-fueled vehicles.</P> <P> <E T="03">Non-oxygenated hydrocarbon</E> means organic emissions measured by a flame ionization detector, excluding methanol.</P> <P> <E T="03">Otto-cycle</E> means type of engine with operating characteristics significantly similar to the theoretical Otto combustion cycle. The use of a throttle during normal operation is indicative of an Otto-cycle engine.</P> <P> <E T="03">Primary intended service class</E> means:</P> <P>(a) The primary service application group for which a heavy-duty diesel engine is designed and marketed, as determined by the manufacturer. The primary intended service classes are designated as light, medium, and heavy heavy-duty diesel engines. The determination is based on factors such as vehicle GVW, vehicle usage and operating patterns, other vehicle design characteristics, engine horsepower, and other engine design and operating characteristics.</P> <P>(1) Light heavy-duty diesel engines usually are non-sleeved and not designed for rebuild; their rated horsepower generally ranges from 70 to 170. Vehicle body types in this group might include any heavy-duty vehicle built for a light-duty truck chassis, van trucks, multi-stop vans, recreational vehicles, and some single axle straight trucks. Typical applications would include personal transportation, light-load commercial hauling and delivery, passenger service, agriculture, and construction. The GVWR of these vehicles is normally less than 19,500 lbs.</P> <P>(2) Medium heavy-duty diesel engines may be sleeved or non-sleeved and may be designed for rebuild. Rated horsepower generally ranges from 170 to 250. Vehicle body types in this group would typically include school buses, tandem axle straight trucks, city tractors, and a variety of special purpose vehicles such as small dump trucks, and trash compactor trucks. Typical applications would include commercial short haul and intra-city delivery and pickup. Engines in this group are normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.</P> <P>(3) Heavy heavy-duty diesel engines are sleeved and designed for multiple rebuilds. Their rated horsepower generally exceeds 250. Vehicles in this group are normally tractors, trucks, and buses used in inter-city, long-haul applications. These vehicles normally exceed 33,000 lbs. GVWR.</P> <P> <E T="03">Production weighted particulate average</E> means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the light-duty particulate averaging program. It is calculated at the end of the model year by multiplying each family particulate emission limit by its respective production, summing those terms, and dividing the sum by the total production of the effected families. Those vehicles produced for sale in California or at high altitude shall each be averaged separately from those produced for sale in any other area.</P> <P> <E T="03">Throttle</E> means a device used to control an engine's power output by limiting the amount of air entering the combustion chamber.</P> <P> <E T="03">Total Hydrocarbon Equivalent</E> means the sum of the carbon mass emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or other organic compounds that are separately measured, expressed as gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions, the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions, the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1, respectively.<PRTPAGE P="82"/> </P> <P> <E T="03">Trading</E> means the exchange of heavy-duty engine NO<E T="52">X</E> or particulate emission credits between manufacturers.</P> <P> <E T="03">Useful life</E> means:</P> <P>(a) For light-duty vehicles a period of use of 5 years or 50,000 miles, whichever first occurs.</P> <P>(b) For a light-duty truck engine family, a period of use of 11 years or 120,000 miles, whichever occurs first.</P> <P>(c) For an Otto-cycle heavy-duty engine family, a period of use of 8 years of 110,000 miles, whichever first occurs.</P> <P>(d) For a diesel heavy-duty engine family:</P> <P>(1) For light heavy-duty diesel engines, period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(2) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever first occurs.</P> <P>(3) For heavy heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs.</P> <P>(e) As an option for both light-duty truck and heavy-duty engine families, an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of § 86.090-21.</P> <P>(f) The useful-life period for purposes of the emissions defect warranty and emissions performance warranty shall be a period of 5 years/50,000 miles whichever first occurs, for light-duty trucks, Otto cycle heavy-duty engines and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period is 5 years/100,000 miles, whichever first occurs. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.</P> <CITA>[55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995; 62 FR 31233, June 6, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <P>(a) The abbreviations in § 86.078-3 remain effective. The abbreviations in this section apply beginning with the 1990 model year.</P> <P>(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, M, N, and P of this part, and have the following meanings: </P> <EXTRACT> <FP SOURCE="FP-2">DNPH—2,4-dinitrophenylhydrazine.</FP> <FP SOURCE="FP-2">FEL—Family emission limit.</FP> <FP SOURCE="FP-2">GC—Gas chromatograph.</FP> <FP SOURCE="FP-2">HPLC—High-pressure liquid chromatography.</FP> <FP SOURCE="FP-2">MeOH—Methanol (CH<E T="52">3</E>OH).</FP> <FP SOURCE="FP-2">Mg—Megagram(s) (1 million grams)</FP> <FP SOURCE="FP-2">MJ—Megajoule(s) (1 million joules)</FP> <FP SOURCE="FP-2">THCE—Total Hydrocarbon Equivalent</FP> <FP SOURCE="FP-2">UV—Ultraviolet.</FP> </EXTRACT> <CITA>[55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-5</SECTNO> <SUBJECT>General standards; increase in emissions; unsafe conditions.</SUBJECT> <P>(a)(1) Every new motor vehicle (or new motor vehicle engine) manufactured for sale, sold, offered for sale, introduced, or delivered for introduction to commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to §§ 86.090-21, 86.090-22, 86.090-23, 86.090-29, 86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34.</P> <P>(2) No heavy-duty vehicle manufacturer shall take any of the actions specified in section 203(a)(1) of the Act with respect to any Otto-cycle or diesel heavy-duty vehicle which uses an engine which has not been certified as meeting applicable standards.</P> <P>(3) Notwithstanding paragraphs (a) (1) and (2) of this section, a light or heavy duty motor vehicle equipped with an engine certified to the nonroad provision of 40 CFR part 89 may be sold, offered for sale or otherwise introduced into commerce by a motor vehicle manufacturer to a secondary manufacturer if the motor vehicle manufacturer obtains written assurance from the secondary manufacturer that such vehicle will be converted to a nonroad vehicle or to a piece of nonroad equipment, as defined in 40 CFR part 89, before title is transferred to an ultimate purchaser. Failure of the secondary manufacturer to convert such vehicles to nonroad vehicles or equipment prior to transfer to an ultimate purchaser shall be considered a violation of section 203(a) (1) and (3) of the Clean Air Act.</P> <P>(b)(1) Any system installed on or incorporated in a new motor vehicle (or new motor vehicle engine) to enable such vehicle (or engine) to conform to standards imposed by this subpart.<PRTPAGE P="83"/> </P> <P>(i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle (or engine) without such system, except as specifically permitted by regulation; and</P> <P>(ii) Shall not in its operation, function or malfunction result in any unsafe condition endangering the motor vehicle, its occupants, or persons or property in close proximity to the vehicle.</P> <P>(2) In establishing the physically adjustable range of each adjustable parameter on a new motor vehicle (or new motor vehicle engine), the manufacturer shall ensure that, taking into consideration the production tolerances, safe vehicle driveability characteristics are available within that range, as required by section 202(a)(4) of the Clean Air Act.</P> <P>(3) Every manufacturer of new motor vehicles (or new motor vehicle engines) subject to any of the standards imposed by this subpart shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicles (or motor vehicle engines) in accordance with good engineering practice to ascertain that such test vehicles (or test engines) will meet the requirements of this section for the useful life of the vehicle (or engine).</P> <CITA>[54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-8</SECTNO> <SUBJECT>Emission standards for 1990 and later model year light-duty vehicles.</SUBJECT> <P>(a)(1) Exhaust emissions from 1990 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for 1990 model year methanol-fueled vehicles):</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled Otto-cycle and diesel vehicles).</E> 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel vehicles).</E> 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).</P> <P>(ii) <E T="03">Carbon monoxide.</E> 3.4 grams per vehicle mile (2.1 grams per vehicle kilometer).</P> <P>(iii) <E T="03">Oxides of nitrogen.</E> 1.0 gram per vehicle mile (0.63 gram per vehicle kilometer).</P> <P>(iv) <E T="03">Particulate (for diesel vehicles only).</E> </P> <P>(A) 0.20 gram per vehicle mile (0.12 gram per vehicle kilometer).</P> <P>(B) A manufacturer may elect to include all or some of its diesel light-duty vehicle engine families in the appropriate particulate averaging program (petroleum or methanol), provided that vehicles produced for sale in California or in designated high-altitude areas may be averaged only within each of these areas. Averaging is not permitted between fuel types. If the manufacturer elects to average light-duty vehicles and light-duty trucks together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in § 86.090-2.</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures.</P> <P>(b) Fuel evaporative emissions from 1990 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for l990 model year methanol-fueled engines):</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled vehicles).</E> 2.0 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled vehicles).</E> 2.0 grams carbon per test.</P> <P>(3) The standards set forth in paragraphs (b) (1) and (2) of this section refers to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1990 and later model year Otto-cycle or methanol-fueled diesel light-duty vehicle.</P> <P>(d)-(f) [Reserved]</P> <P>(g) Any 1990 and later model year light-duty vehicle that a manufacturer wishes to certify for sale shall meet the <PRTPAGE P="84"/>emission standards under both low- and high-altitude conditions as specified in § 86.082-2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.</P> <P>(h) The manufacturer may exempt 1990 and later model year vehicles from compliance at high altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h) (1) and (2) of this section are met.</P> <P>(1) A vehicle configuration shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of either paragraph (h) (l) (i), (ii), (iii), or (iv) of this section are met.</P> <P>(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:</P> <P>(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the equivalent vehicle test weight expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.</P> <P>(B) The product line is then defined by the equation, N/V=C(D/W)<E T="51">−</E> <SU>0</SU> <E T="51">.</E> <SU>9</SU>, where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.</P> <P>(C) The exemption line is then defined by the equation, N/V=C(0.84 D/W)<E T="51">−</E> <SU>0</SU> <E T="51">.</E> <SU>9</SU>, where the constant, C is the same as that found in paragraph (h)(1)(i)(B) of this section.</P> <P>(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.</P> <P>(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (h)(1)(i) of this section and by using the product line N/V=C(hp/W)<E T="51">−</E> <SU>0</SU> <E T="51">.</E> <SU>9</SU>.</P> <P>(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.</P> <P>(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (h)(1)(i) of this section.</P> <P>(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 miles per hour to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:</P> <P>(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.<PRTPAGE P="85"/> </P> <P>(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicle configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.</P> <P>(iv) In lieu of performing the test procedure of paragraphs (h)(1)(iii) (A) and (B) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.</P> <P>(2) A vehicle shall only be considered eligible for exemption under this paragraph if at least one configuration of its model type (and transmission configuration in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraph (a) through (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted con-fig-u-ra-tion(s) will also apply to the corresponding non-exempt con-fig-u-ra-tion(s) required under this subparagraph. As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt configuration for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted con-fig-u-ra-tion(s) of that model type, unless there is at least one other corresponding non-exempt con-fig-u-ra-tion of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted con-fig-u-ra-tion(s) will be terminated when any one of the following occurs:</P> <P>(i) Another corresponding non-exempt con-figuration(s) receive(s) coverage under the Certificate; or</P> <P>(ii) Suspension of the Certificate as it applies to the corresponding non-exempt con-fig-u-ra-tion(s) is terminated; or</P> <P>(iii) The Agency's action(s), with respect to suspension, revocation, voiding or withdrawal of the Certificate as it applies to the corresponding non-exempt con-fig-u-ra-tion(s), is reversed.</P> <P>(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h) of this section will be considered a violation of Section 203(a)(1) of the Clean Air Act.</P> <P>(i)(1) The manufacturers may exempt 1990 and later model year vehicles from compliance at low altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles:</P> <P>(i) Are not intended for sale at low altitude; and</P> <P>(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other con-fig-u-ra-tions of that model type which are certified in compliance with the emission standards of paragraphs (a) and (b) of this section under low-altitude conditions.</P> <P>(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (h)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.</P> <CITA>[54 FR 14461, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-9</SECTNO> <SUBJECT>Emission standards for 1990 and later model year light-duty trucks.</SUBJECT> <P>(a)(1) The standards set forth in paragraphs (a) through (c) of this section shall apply to light-duty trucks sold for principal use at other than a designated high-altitude location. Exhaust emissions from 1990 and later model year light-duty trucks shall not exceed (compliance with these standards is optional for 1990 model year methanol-fueled vehicles):</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled Otto-cycle and diesel light-duty trucks).</E> 0.80 gram per vehicle mile (0.50 gram per vehicle kilometer).</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel light-duty trucks).</E> 0.80 gram per vehicle mile (0.50 gram per vehicle kilometer).</P> <P>(ii) <E T="03">Carbon monoxide.</E> (A) 10 grams per vehicle mile (6.2 grams per vehicle kilometer).<PRTPAGE P="86"/> </P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light-duty trucks only).</P> <P>(iii) <E T="03">Oxides of nitrogen.</E> (A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile (0.75 gram per vehicle kilometer).</P> <P>(B) For light-duty trucks greater loaded vehicle weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).</P> <P>(C) A manufacturer may elect to include all or some of its light-duty truck engine families in the NO<E T="52">X</E> averaging program, provided that trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas. Petroleum-fueled and methanol-fueled engine families may not be averaged together. Otto-cycle and diesel engines families also may not be averaged together. If the manufacturer elects to participate in the NO<E T="52">X</E> averaging program, individual family NO<E T="52">X</E> emission limits may not exceed 2.3 grams per mile. If the manufacturer elects to average together NO<E T="52">X</E> emissions of light-duty trucks subject to the standards of paragraphs (a)(1)(iii)(A) and (a)(1)(iii)(B) of this section, its composite NO<E T="52">X</E> standard applies to the combined fleets of light-duty trucks up to and including, and over, 3,750 lbs loaded vehicle weight included in the average and is calculated as defined in § 86.088-2.</P> <P>(iv) <E T="03">Particulate (for diesel light-duty trucks only).</E> (A) For light-duty trucks up to and including 3,750 lbs. loaded vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle kilometer).</P> <P>(B) For light-duty trucks 3,751 lbs and greater loaded vehicle weight, 0.45 gram per vehicle mile (0.28 gram per vehicle kilometer).</P> <P>(C) A manufacturer may elect to include all or some of its diesel light-duty truck engine families subject to the standard of paragraph (a)(1)(w)(A) of this section in the appropriate particulate averaging program (petroleum or methanol), provided that trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas. Averaging is not permitted between fuel types. If the manufacturer elects to average both light-duty trucks subject to the standard of paragraph (a)(1)(w)(A) of this section and light-duty vehicles together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in § 86.088-2.</P> <P>(2) The standards set forth in paragraphs (a)(1)(i), (a)(1)(ii)(A), (a)(1)(iii), and (a)(1)(iv) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The standard set forth in paragraph (a)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.</P> <P>(b) Fuel evaporative emissions from 1990 and later model year light-duty trucks shall not exceed (compliance with these standards is optional for 1990 model year methanol-fueled vehicles):</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled light-duty trucks).</E> 2.0 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks)</E>. 2.0 grams per test.</P> <P>(3) The standards set forth in paragraphs (b) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1990 and later model year light-duty truck.</P> <P>(d)(1) Model year 1990 and later light-duty trucks sold for principal use at a designated high-altitude location shall be capable of meeting the following exhaust emission standards when tested under high-altitude conditions:</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled Otto-cycle and diesel light-duty trucks).</E> 1.0 grams per vehicle mile (0.62 grams per vehicle kilometer).</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel light-duty trucks)</E>. 1.0 gram per vehicle mile (0.62 gram per vehicle kilometer).<PRTPAGE P="87"/> </P> <P>(ii) <E T="03">Carbon Monoxide.</E> (A) 14 grams per vehicle mile (8.7 grams per vehicle kilometer).</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light-duty trucks only).</P> <P>(iii) <E T="03">Oxides of Nitrogen.</E> (A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile (0.75 grams per vehicle kilometer).</P> <P>(B) For light-duty trucks 3,751 lbs and greater loaded vehicle weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).</P> <P>(iv) <E T="03">Particulate (for diesel light-duty trucks only).</E> For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle kilometer).</P> <P>(2) The standards set forth in paragraph (d)(1)(i), (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The standard set forth in paragraph (d)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.</P> <P>(e) Fuel evaporative emissions from 1990 and later model year light-duty trucks sold for principal use at a designated high-altitude location, when tested under high-altitude conditions, shall not exceed:</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled light-duty trucks).</E> 2.6 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks).</E> 2.6 grams per test.</P> <P>(3) The standards set forth in paragraphs (e) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(f) No crankcase emissions shall be discharged into the ambient atmosphere from any 1990 and later model year light-duty trucks sold for principal use at a designated high-altitude location.</P> <P>(g)(1) Any light-duty truck that a manufacturer wishes to certify for sale at low altitude must be capable of meeting high-altitude emission standards (specified in paragraphs (d) through (f) of this section). The manufacturer may specify vehicle adjustments or modifications to allow the vehicle to meet high-altitude standards but these adjustments or modifications may not alter the vehicle's basic engine, inertia weight class, transmission con-fig-u-ra-tion, and axle ratio.</P> <P>(i) A manufacturer may certify unique con-fig-u-ra-tions to meet the high-altitude standards but is not required to certify these vehicle con-fig-u-ra-tions to meet the low-altitude standards.</P> <P>(ii) Any adjustments or modifications that are recommended to be performed on vehicles to satisfy the requirements of paragraph (g)(1) of this section:</P> <P>(A) Shall be capable of being effectively performed by commercial repair facilities, and</P> <P>(B) Must be included in the manufacturer's application for certification.</P> <P>(2) The manufacturer may exempt 1990 and later model year vehicles from compliance with the high-altitude emission standards set forth in paragraphs (d) and (e) of this section if the vehicles are not intended for sale at high altitude and if the following requirements are met. A vehicle con-fig-u-ra-tion shall only be considered eligible for exemption if the requirements of either paragraph (g)(2) (i), (ii), (iii), or (iv) of this section are met.</P> <P>(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:</P> <P>(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle con-fig-u-ra-tions it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the gross vehicle weight (GVW) expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the <PRTPAGE P="88"/>1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N-V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.</P> <P>(B) The product line is then defined by the equation, N/V = C(D/W)<E T="51">−0.9</E>, where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.</P> <P>(C) The exemption line is then defined by the equation, N/V = C(0.84 D/W)<E T="51">−0.9</E>, where the constant, C is the same as that found in paragraph (g)(2)(i)(B) of this section.</P> <P>(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.</P> <P>(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (g)(2)(i) of this section and by using the product line N/V = C(hp/W)<E T="51">−0.9</E>.</P> <P>(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer s product line in any model year.</P> <P>(B) No exemptions will be allowed under paragraph (g)(2)(ii) of this section to any manufacturer that has exempted vehicle con-fig-u-ra-tions as set forth in paragraph (g)(2)(i) of this section.</P> <P>(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:</P> <P>(A) The manufacturer shall list the vehicle con-fig-u-ra-tion and acceleration time under low-altitude conditions of that vehicle con-fig-u-ra-tion which has the highest acceleration time under low-altitude conditions of all the vehicle con-fig-u-ra-tions it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.</P> <P>(B) The manufacturer shall then list the vehicle con-fig-u-ra-tions and acceleration times under high-altitude conditions of all those vehicle con-fig-u-ra-tions which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (g)(2)(iii)(A) of this section.</P> <P>(iv) In lieu of performing the test procedure of paragraph (g)(2)(iii) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (g)(2)(iii) of this section.</P> <P>(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (g)(2) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.</P> <CITA>[52 FR 47865, Dec. 16, 1987, as amended at 54 FR 14462, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <P>(a) The small-volume manufacturers certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart.</P> <P>(b)(1) The optional small-volume manufacturers certification procedures apply to light-duty vehicles, light-duty trucks, and heavy-duty engines produced by manufacturers with U.S. sales (for the model year in which certification is sought) of fewer than 10,000 units (light-duty vehicles, light-duty trucks, and heavy-duty engines combined).<PRTPAGE P="89"/> </P> <P>(2) For the purpose of determining the applicability of paragraph (b)(1) of this section, where there is more than one importer or distributor of vehicles and/or engines manufactured by the same person, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines by all of the importers and distributors.</P> <P>(c) Small-volume manufacturers shall demonstrate compliance with the applicable sections of this subpart as follows:</P> <P>(1) Sections 86.090-1, 86.088-2, 86.090-3, 86.084-4, 86.090-5, 86.078-6, 86.078-7, and 86.090-8 through 86.090-11 are applicable.</P> <P>(2) Section 86.080-12 is not applicable.</P> <P>(3) Sections 86.085-13, 86.090-14, 86.084-15, and 86.085-20 are applicable.</P> <P>(4) Small-volume manufacturers shall include in its records all of the information that EPA requires in § 86.090-21. This information will be considered part of the manufacturer's application for certification. However, the manufacturer is not required to submit the information to the Administrator unless the Administrator requests it.</P> <P>(5) Section 86.085-22 is applicable except as noted below.</P> <P>(i) Small-volume light-duty vehicle and light-duty truck manufacturers may satisfy the requirements of paragraph (e) of § 86.085-22 by including a statement of compliance on adjustable parameters in the application for certification. In the statement of compliance the manufacturer shall state that the limits, stops, seals, or other means used to inhibit adjustment have been designed to accomplish their intended purpose based on good engineering practice and past experience. If the vehicle parameter is adjustable the vehicle must meet emission standards with the parameter set any place within the adjustable range (reference § 86.090-21).</P> <P>(ii) Paragraphs (a), (b), (c), and (d) of § 86.085-22 are not applicable.</P> <P>(6) Section 86.090-23 is applicable.</P> <P>(7) Section 86.085-24 is applicable except as noted below.</P> <P>(i) Small-volume manufacturers may satisfy the requirements of paragraphs (b) and (c) of § 86.085-24 by:</P> <P>(A) Selecting emission-data test vehicles (engines) by the worst case emissions criteria as follows:</P> <P>(<E T="03">1</E>) <E T="03">Light-duty vehicles and light-duty trucks.</E> The test vehicle shall be selected based on the following criteria: The manufacturer shall select the heaviest (including options) vehicle within the family. Then within that vehicle it shall select, in the order listed, the largest frontal area, largest displacement, the highest numerical axle ratio with the largest tire offered in the engine family, and the maximum fuel flow calibration.</P> <P>(<E T="03">2</E>) <E T="03">Heavy-duty Otto-cycle engines.</E> The manufacturer shall select the worst case emission-data engine first based on the largest displacement within the engine family. Then within the largest displacement the manufacturer shall select, in the order listed, highest fuel flow at the speed of maximum rated torque, the engine with the most advance spark timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.</P> <P>(<E T="03">3</E>) <E T="03">Heavy-duty diesel engines.</E> The manufacturer shall select in each engine family the worst case emission data engine based on the highest fuel feed per stroke, primarily at the speed of maximum rated torque and secondarily at rated speed.</P> <P>(B) Testing light-duty vehicle or light-duty truck emission-data vehicles at any service accumulation distance less than 6,436 kilometers (4,000 miles) or heavy-duty engine emission-data engines at any service accumulation time less than 125 hours.</P> <P>(C) Using assigned deterioration factors that the Administrator determines and prescribes. However, the manufacturer may, at its option, accumulate miles (hours) on a durability-data vehicle (engine) and complete emission tests for the purpose of establishing its own deterioration factor.</P> <P>(ii) Paragraphs (d) and (e) of § 86.085-24 are not applicable.</P> <P>(8) Section 86.090-25 is applicable to durability-data light-duty vehicles, light-duty trucks, and heavy-duty engines if the manufacturer does not use assigned deterioration factors.</P> <P>(9) Sections 86.084-26 and 86.085-27 are not applicable.<PRTPAGE P="90"/> </P> <P>(10) Sections 86.090-28 and 86.090-29 are applicable.</P> <P>(11)(i) Section 86.090-30 of this subpart is applicable, except for paragraphs (a)(2) and (b) of that section. In the place of these paragraphs, small-volume manufacturers shall comply with paragraphs (c)(11) (ii) through (v) of this section.</P> <P>(ii) Small-volume manufacturers shall submit an application for certification containing the following:</P> <P>(A) The names, addresses, and telephone numbers of the persons the manufacturer authorizes to communicate with us.</P> <P>(B) A brief description of the vehicles (or engines) covered by the certificate (the manufacturers' sales data book or advertising, including specifications, may satisfy this requirement for most manufacturers). The description shall include, as a minimum, the following items as applicable:</P> <P>(<E T="03">1</E>) Engine families and vehicle (or engine) con-fig-u-ra-tions.</P> <P>(<E T="03">2</E>) Vehicle or engine models to be listed on the certificate of conformity.</P> <P>(<E T="03">3</E>) The test weight and horsepower setting for each vehicle or engine con-fig-u-ra-tion.</P> <P>(<E T="03">4</E>) Projected sales.</P> <P>(<E T="03">5</E>) Combustion cycle.</P> <P>(<E T="03">6</E>) Cooling mechanism.</P> <P>(<E T="03">7</E>) Number of cylinders.</P> <P>(<E T="03">8</E>) Displacement.</P> <P>(<E T="03">9</E>) Fuel system type.</P> <P>(<E T="03">10</E>) Number of catalytic converters, volume, and composition.</P> <P>(<E T="03">11</E>) Method of air aspiration.</P> <P>(<E T="03">12</E>) Thermal reactor characteristics.</P> <P>(<E T="03">13</E>) Suppliers' and/or manufacturer's name and model number of any emission-related items identified in paragraphs (c)(11)(ii)(B) (<E T="03">1</E>) through (<E T="03">12</E>) of this section, if purchased from a supplier or manufacturer who uses the items in its own certified vehicles(s) or engine(s).</P> <P>(<E T="03">14</E>) A list of emission component part numbers.</P> <P>(<E T="03">15</E>) Drawings, calibration curves, and descriptions of emission related components, including those components regulated under paragraph (e) of § 86.085-22, and schematics of hoses and other devices connecting these components.</P> <P>(<E T="03">16</E>) Vehicle adjustments or modifications necessary for light duty trucks to assure that they conform to high altitude standards.</P> <P>(<E T="03">17</E>) A description of the light-duty vehicles and light-duty trucks that are exempted from either the low- or high-altitude emission standards, as applicable.</P> <P>(C) The results of all emission tests the manufacturer performs to demonstrate compliance with the applicable standards.</P> <P>(D)(<E T="03">1</E>) The following statement signed by the authorized representative of the manufacturer: “The vehicles (or engines) described herein have been tested in accordance with [list of the applicable subparts A, B, D, I, N, or P] of part 86, title 40, United States Code of Federal Regulations, and on the basis of those tests are in conformance with that subpart. All of the data and records required by that subpart are on file and are available for inspection by the EPA Administrator. We project the total U.S. sales of vehicles (engines) subject to this subpart to be fewer than 10,000 units.”</P> <P>(<E T="03">2</E>) A statement as required by and contained in paragraph (c)(5) of § 86.090-14 signed by the authorized representative of the manufacturer.</P> <P>(<E T="03">3</E>) A statement that the vehicles or engines described in the manufacturers application for certification are not equipped with auxiliary emission control devices which can be classified as a defeat device as defined in § 86.084-2.</P> <P>(<E T="03">4</E>) A statement of compliance with section 206(a)(3) of the Clean Air Act.</P> <P>(<E T="03">5</E>) A statement that, based on the manufacturer's engineering evaluation and/or emission testing, the light-duty vehicles comply with emission standards at high altitude unless exempt under paragraph (h) of § 86.090-8.</P> <P>(<E T="03">6</E>) A statement that, based on the manufacturers engineering evaluation and/or emission testing, the light-duty trucks sold for principle use at designated high-altitude locations comply with the high-altitude emission requirements and that all other light-duty trucks are at least capable of being modified to meet high altitude standards unless exempt under paragraph (g)(2) of § 86.090-9.<PRTPAGE P="91"/> </P> <P>(iii) If the manufacturer meets requirements of this subpart, the Administrator will issue a certificate of conformity for the vehicles described in the application for certification.</P> <P>(iv) The certificate will be issued for such a period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any vehicle or engine covered by the certificate will meet the requirements of the Act and of this subpart.</P> <P>(v)(A) If, after a review of the statements and descriptions submitted by the manufacturer, the Administrator determines that the manufacturer has not met the applicable requirements, the Administrator shall notify the manufacturer in writing, setting forth the basis for his determination. The manufacturer may request a hearing on the Administrator's determination.</P> <P>(B) If the manufacturer does not request a hearing or present the required information the Administrator will deny certification.</P> <P>(12) Sections 86.079-31 and 86.079-32 are not applicable</P> <P>(13) Under § 86.079-33, small-volume manufacturers are covered by the following:</P> <P>(i) Small-volume manufacturers may make production changes (running changes) without receiving the Administrator's prior approval. The manufacturer shall assure (by conducting emission tests as it deems necessary) that the affected vehicles (engines) remain in compliance with the requirements of this part.</P> <P>(ii) The manufacturer shall notify the Administrator within seven days after implementing any production related change (running change) that would affect vehicle emissions. This notification shall include any changes to the information required under paragraph (c)(11)(ii) of this section. The manufacturer shall also amend as necessary its records required under paragraph (c)(4) of this section to conform with the production design change.</P> <P>(14) Section 86.082-34 is not applicable.</P> <P>(15) Sections 86.090-35, 86.079-36, 86.082-37, 86.087-38, and 86.084-39 are applicable.</P> <CITA>[54 FR 14466, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>(a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment.</P> <P>(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:</P> <P>(1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system and fuel system components. This shall include a detailed description of each auxiliary emission control device (AECD) to be installed in or on any certification test vehicle (or certification test engine).</P> <P>(ii)(A) The manufacturer shall provide to the Administrator in the application for certification:</P> <P>(<E T="03">1</E>) A list of those parameters which are physically capable of being adjusted (including those adjustable parameters for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions;</P> <P>(<E T="03">2</E>) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable range;</P> <P>(<E T="03">3</E>) A description of the limits or stops used to establish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment;</P> <P>(<E T="03">4</E>) The nominal or recommended setting, and the associated production tolerances, for each such parameter.</P> <P>(B) The manufacturer may provide, in the application for certification, information relating to why certain parameters are not expected to be adjusted in actual use and to why the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means <PRTPAGE P="92"/>used to inhibit adjustment, are expected to be effective in preventing adjustment of parameters on in-use vehicles to settings outside the manufacturer's intended physically adjustable ranges. This may include results of any tests to determine the difficulty of gaining access to an adjustment or exceeding a limit as intended or recommended by the manufacturer.</P> <P>(C) The Administrator may require to be provided detailed drawings and descriptions of the various emission related components, and/or hardware samples of such components, for the purpose of making his determination of which vehicle or engine parameter will be subject to adjustment for new certification and Selective Enforcement Audit testing and of the physically adjustable range for each such vehicle or engine parameter.</P> <P>(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested. The sales data shall also include the altitude of intended sale for light-duty trucks.</P> <P>(3) A description of the test equipment and fuel proposed to be used.</P> <P>(4)(i) For light-duty vehicles and light duty trucks, a description of the test procedures to be used to establish the evaporative emission deterioration factors required to be determined and supplied in § 86.090-23(b)(2).</P> <P>(ii) For heavy duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the Administrator does not assume that each evaporative emission family-evaporative emission control system combination will deteriorate in a unique manner during the useful life of the vehicle. The manufacturer shall therefore identify those evaporative emission deterioration factors which shall be applied to the various evaporative emission family-evaporative emission control system combinations which are expected to exhibit similar deterioration characteristics during the useful life of the vehicle.</P> <P>(iii)(A) A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors required to be determined and supplied in § 86.088-23(b)(1).</P> <P>(B)(<E T="03">1</E>) For engine families provided an alternative useful-life period under paragraph (f) of this section, a statement of that alternative period and a brief synopsis of the justification.</P> <P>(<E T="03">2</E>) For heavy-duty diesel engine families, a statement of the primary intended service class (light, medium, or heavy) and an explanation as to why that service class was selected. Each diesel engine family shall be certified under one primary intended service class only. After reviewing the guidance in § 86.085-2, the class shall be determined on the basis of which class best represents the majority of the sales of that engine family.</P> <P>(C)(<E T="03">1</E>) A statement of recommended maintenance and procedures necessary to assure that the vehicles (or engines) covered by a certificate of conformity in operation conform to the regulations, and a description of the program for training of personnel for such maintenance, and the equipment required.</P> <P>(<E T="03">2</E>) A description of vehicle adjustments or modifications necessary, if any, to assure that light-duty vehicles and light-duty trucks covered by a certificate of conformity conform to the regulations while being operated at any altitude locations, and a statement of the altitude at which the adjustments or modifications apply.</P> <P>(D) At the option of the manufacturer, the proposed composition of the emission-data test fleet or (where applicable) the durability-data test fleet.</P> <P>(5)(i)(A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to one-hundredth of a gram per mile.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family diesel particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in § 86.085-2 and § 86.088-28(b)(5)(i).<PRTPAGE P="93"/> </P> <P>(ii)(A) If the manufacturer elects to participate in the NO<E T="52">X</E> averaging program for light-duty trucks, the application must list the family NO<E T="52">X</E> emission limit and the projected U.S. production volume of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family NO<E T="52">X</E> emission limits, accurate to one-tenth of a gram per mile.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family NO<E T="52">X</E> emission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in § 86.088-2 and § 86.088-28(b)(5)(ii).</P> <P>(iii) If the manufacturer elects to participate in any of the particulate and/or the NO<E T="52">X</E> banking programs for heavy-duty engines, the application must list the information required in §§ 86.091-15 and 86.090-23.</P> <P>(6)(i) For Otto-cycle heavy-duty engines, the application must state whether the engine family is being certified for use in all vehicles regardless of their Gross Vehicle Weight Rating (see § 86.088-10 (a)(1)(i) and (a)(3)(i)), or, only for use in vehicles with a Gross Vehicle Weight Rating greater than 14,000 pounds.</P> <P>(ii) If the engine family is being certified for use in all vehicles and, is being certified to the emission standards applicable to Otto-cycle heavy-duty engines for use only in vehicles with a Gross Vehicle Weight Rating over 14,000 pounds under the provisions of paragraph (a)(3) of § 86.088-10, then the application must also attest that the engine family, together with all other engine families being certified under the provisions of paragraph (a)(3) of § 86.088-10, represent no more than 5 percent of model year sales of the manufacturer of all Otto-cycle heavy duty engines for use in vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.</P> <P>(iii)(A) A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors required to be determined and supplied in § 86.088-23(b)(1).</P> <P>(B)(<E T="03">1</E>) A statement of the useful life of use of each light-duty truck engine family and heavy-duty engine family.</P> <P>(<E T="03">2</E>) For engine families provided an alternative useful life period under paragraph (f) of this section, a statement of that alternative period and a brief synopsis of the justification.</P> <P>(<E T="03">3</E>) For heavy-duty diesel engine families, a statement of the primary intended service class (light, medium, or heavy) and an explanation as to why that service class was selected. Each diesel engine family shall be certified under one primary intended service class only. After reviewing the guidance in § 86.085-2, the class shall be determined on the basis of which class best represents the majority of the sales of that engine family.</P> <P>(7) For each light-duty vehicle engine family, a statement of recommended maintenance and procedures necessary to assure that the vehicles (or engines) covered by a certificate of conformity in operation conform to the regulations, and a description of the program for training of personnel for such maintenance and the equipment required.</P> <P>(8) For each light-duty vehicle engine family, the proposed composition of the emission-data test fleet and the durability-data test fleet.</P> <P>(c) Complete copies of the application and of any amendments thereto, and all notifications under § 86.079-32, § 86.079-33, and § 86.082-84 shall be submitted in such multiple copies as the Administrator may require.</P> <P>(d) Incomplete light-duty trucks shall have a maximum completed curb weight and maximum completed frontal area specified by the manufacturer.</P> <P>(e) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines, the manufacturer shall specify a maximum nominal fuel tank capacity for each evaporative emission family-evaporative emission control system combination.</P> <P>(f) Light-duty truck and heavy-duty engine manufacturers who believe that the useful life periods of § 86.085-2 are significantly unrepresentative for one or more engine families (either too long or too short), may petition the Administrator to provide an alternative useful-life period. This petition must include the full rationale behind <PRTPAGE P="94"/>the request together with any supporting data and other evidence. Based on this or other information the Administrator may assign an alternative useful-life period. Any petition should be submitted in a timely manner, to allow adequate time for a thorough evaluation.</P> <CITA>[54 FR 14468, Apr. 11, 1989, as amended at 55 FR 30618, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-22</SECTNO> <SUBJECT>Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges.</SUBJECT> <P>(a) After a review of the application for certification and any other information which the Administrator may require, the Administrator may approve the application and select a test fleet in accordance with § 86.090-24.</P> <P>(b) The Administrator may disapprove in whole or in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed mileage (or service) accumulation procedures, test equipment, or fuel, and incorporation of defeat devices in vehicles (or on engines) described by the application.</P> <P>(c) Where any part of an application is rejected, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.</P> <P>(d)(1) The Administrator does not approve the test procedures for establishing the evaporative emission deterioration factors for light-duty vehicles and light-duty trucks. The manufacturer shall submit the procedures as required in § 86.090-21(b)(4)(i) prior to the Administrator's selection of the test fleet under § 86.090-24(b)(1) and if such procedures will involve testing of durability-data vehicles selected by the Administrator or elected by the manufacturer under § 86.090-24(c)(1), prior to initiation of such testing.</P> <P>(2) <E T="03">Light-duty trucks and heavy-duty engines only.</E> The Administrator does not approve the test procedures for establishing exhaust emission deterioration factors. The manufacturer shall submit these procedures and determinations as required in § 86.090-21(b)(4)(iii) prior to determining the deterioration factors.</P> <P>(3) <E T="03">Heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines only.</E> The Administrator does not approve the test procedures for establishing the evaporative emission deterioration factors. The test procedure will conform to the requirements in § 86.090-23(b)(3).</P> <P>(e) When the Administrator selects emission-data vehicles for the test fleet, he will at the same time determine those vehicle or engine parameters which will be subject to adjustment for certification, Selective Enforcement Audit and Production Compliance Audit testing, the adequacy of the limits, stops, seals, or other means used to inhibit adjustment, and the resulting physically adjustable ranges for each such parameter and notify the manufacturer of his determinations.</P> <P>(1)(i) Except as noted in paragraph (e)(1)(iv) of this section, the Administrator may determine to be subject to adjustment the idle fuel-air mixture parameter on Otto-cycle vehicles (or engines) (carbureted or fuel-injected); the choke valve action parameter(s) on carbureted, Otto-cycle vehicles (or engines); or any parameter on any vehicle (or engine) (Otto-cycle or diesel) which is physically capable of being adjusted, may significantly affect emissions, and was not present on the manufacturer's vehicles (or engines) in the previous model year in the same form and function.<PRTPAGE P="95"/> </P> <P>(ii) The Administrator may, in addition, determine to be subject to adjustment any other parameters on any vehicle or engine which is physically capable of being adjusted and which may significantly affect emissions. However, the Administrator may do so only if he has previously notified the manufacturer that he might do so and has found, at the time he gave this notice, that the intervening period would be adequate to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. In no event will this notification be given later than September 1 of the calendar year two years prior to the model year.</P> <P>(iii) In determining the parameters subject to adjustment the Administrator will consider the likelihood that, for each of the parameters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this section, settings other than the manufacturer's recommended setting will occur on in-use vehicles (or engines). In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application, surveillance information from similar in-use vehicles (or engines), the difficulty and cost of gaining access to an adjustment, damage to the vehicle (or engine) if an attempt is made to gain such access and the need to replace parts following such attempt, and the effect of settings other than the manufacturer's recommended setting on vehicle (or engine) performance characteristics including emission characteristics.</P> <P>(iv) Manual chokes of heavy-duty engines only will not be considered a parameter subject to adjustment under the parameter adjustment requirements.</P> <P>(2)(i) The Administrator shall determine a parameter to be adequately inaccessible or sealed if:</P> <P>(A) In the case of an idle mixture screw, the screw is recessed within the carburetor casting and sealed with lead, thermosetting plastic, or an inverted elliptical spacer or sheared off after adjustment at the factory, and the inaccessibility is such that the screw cannot be accessed and/or adjusted with simple tools in one-half hour or for $20 (1978 dollars) or less.</P> <P>(B) In the case of a choke bimetal spring, the plate covering the bimetal spring is riveted or welded in place, or held in place with nonreversible screws.</P> <P>(C) In the case of a parameter which may be adjusted by elongating or bending adjustable members (e.g., the choke vacuum break), the elongation of the adjustable member is limited by design or, in the case of a bendable member, the member is constructed of a material which when bent would return to its original shape after the force is removed (plastic or spring steel materials).</P> <P>(D) In the case of any parameter, the manufacturer demonstrates that adjusting the parameter to settings other than the manufacturer's recommended setting takes more than one-half hour or costs more than $20 (1978 dollars).</P> <P>(ii) The Administrator shall determine a physical limit or stop to be an adequate restraint on adjustability if:</P> <P>(A) In the case of a threaded adjustment, the threads are terminated, pinned or crimped so as to prevent additional travel without breakage or need for repairs which take more than one-half hour or cost more than $20 (1978 dollars).</P> <P>(B) The adjustment is ineffective at the end of the limits of travel regardless of additional forces or torques applied to the adjustment.</P> <P>(C) The manufacturer demonstrates that travel or rotation limits cannot be exceeded with the use of simple and inexpensive tools (screwdriver, pliers, open-end or box wrenches, etc.) without incurring significant and costly damage to the vehicle (or engine) or control system or without taking more than one-half hour or costing more than $20 (1978 dollars).</P> <P>(iii) If manufacturer service manuals or bulletins describe routine procedures for gaining access to a parameter or for removing or exceeding a physical limit, stop, seal or other means used to inhibit adjustment, or if surveillance data indicate that gaining access, removing, or exceeding is likely, paragraphs (e)(2)(i) and (e)(2)(ii) of this section shall not apply for that parameter.<PRTPAGE P="96"/> </P> <P>(iv) In determining the adequacy of a physical limit, stop, seal, or other means used to inhibit adjustment of a parameter not covered by paragraph (e)(2)(i) or (e)(2)(ii) of this section, the Administrator will consider the likelihood that it will be circumvented, removed, or exceeded on in-use vehicles. In determining likelihood, the Administrator may consider such factors as, but not limited to, information contained in the preliminary application; surveillance information from similar in-use vehicles (or engines); the difficulty and cost of circumventing, removing, or exceeding the limit, stop, seal, or other means; damage to the vehicle (or engine) if an attempt is made to circumvent, remove, or exceed it and the need to replace parts following such attempt; and the effect of settings beyond the limit, stop, seal, or other means on vehicle (or engine) performance characteristics other than emission characteristics.</P> <P>(3) The Administrator shall determine two physically adjustable ranges for each parameter subject to adjustment:</P> <P>(i)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator may include within the physically adjustable range applicable to testing under this subpart (certification testing) all settings within the production tolerance associated with the nominal setting for that parameter, as specified by the manufacturer in the preliminary application for certification.</P> <P>(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability. The Administrator may also include the production tolerances on the location of these limits or stops when determining the physically adjustable range.</P> <P>(ii)(A) In the case of a parameter determined to be adequately inaccessible or sealed, the Administrator shall include within the physically adjustable range applicable to testing under subpart G or K (Selective Enforcement Audit and Production Compliance Audit) only the actual settings to which the parameter is adjusted during production.</P> <P>(B) In the case of other parameters, the Administrator shall include within this range all settings within physical limits or stops determined to be adequate restraints on adjustability, as they are actually located on the test vehicle (or engine).</P> <P>(f)(1) If the manufacturer submits the information specified in § 86.090-21(b)(1)(ii) in advance of its full preliminary application for certification, the Administrator shall review the information and make the determinations required in paragraph (e) of this section within 90 days of the manufacturer's submittal.</P> <P>(2) The 90-day decision period is exclusive of the elapsed time during which EPA may request additional information from manufacturers regarding an adjustable parameter and the receipt of the manufacturers' response(s).</P> <P>(g) Within 30 days following receipt of notification of the Administrator's determinations made under paragraph (e) of this section, the manufacturer may request a hearing on the Administrator's determinations. The request shall be in writing, signed by an authorized representative of the manufacturer, and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.</P> <CITA>[54 FR 14470, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <P>(a)(1) The vehicles or engines covered by an application for certification will be divided into groupings of engines which are expected to have similar emission characteristics throughout their useful life. Each group of engines with similar emission characteristics shall be defined as a separate engine family.</P> <P>(2) To be classed in the same engine family, engines must be identical in all the following respects:<PRTPAGE P="97"/> </P> <P>(i) The cylinder bore center-to-center dimensions.</P> <P>(ii)-(iii) [Reserved]</P> <P>(iv) The cylinder block configuration (air cooled or water cooled; L-6, 90° V-8, etc.).</P> <P>(v) The location of the intake and exhaust valves (or ports).</P> <P>(vi) The method of air aspiration.</P> <P>(vii) The combustion cycle.</P> <P>(viii) Catalytic converter characteristics.</P> <P>(ix) Thermal reactor characteristics.</P> <P>(x) Type of air inlet cooler (<E T="03">e.g.,</E> intercoolers and after-coolers) for diesel heavy-duty engines.</P> <P>(3)(i) Engines identical in all the respects listed in paragraph (a)(2) of this section may be further divided into different engine families if the Administrator determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the following features of each engine:</P> <P>(A) The bore and stroke.</P> <P>(B) The surface-to-volume ratio of the nominally dimensioned cylinder at the top dead center positions.</P> <P>(C) The intake manifold induction port size and configuration.</P> <P>(D) The exhaust manifold port size and configuration.</P> <P>(E) The intake and exhaust valve sizes.</P> <P>(F) The fuel system.</P> <P>(G) The camshaft timing and ignition or injection timing characteristics.</P> <P>(ii) Light-duty trucks and heavy-duty engines produced in different model years and distinguishable in the respects listed in paragraph (a)(2) of this section shall be treated as belonging to a single engine family if the Administrator requires it, after determining that the engines may be expected to have similar emission deterioration characteristics.</P> <P>(4) Where engines are of a type which cannot be divided into engine families based upon the criteria listed in paragraphs (a)(2) and (a)(3) of this section, the Administrator will establish families for those engines based upon those features most related to their emission characteristics. Engines that are eligible to be included in the same engine family based on the criteria in paragraphs (a)(2) and (a)(3)(i) of this section may be further divided into different engine families if the manufacturer determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the following features of each engine:</P> <P>(i) The dimension from the center line of the crankshaft to the center line of the camshaft.</P> <P>(ii) The dimension from the center line of the crankshaft to the top of the cylinder block head face.</P> <P>(iii) The size of the intake and exhaust valves (or ports).</P> <P>(5) Gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks covered by an application for certification will be divided into groupings which are expected to have similar evaporative emission characteristics throughout their useful life. Each group of vehicles with similar evaporative emission characteristics shall be defined as a separate evaporative emission family.</P> <P>(6) For gasoline-fueled or methanol-fueled light-duty vehicles and light-duty trucks to be classed in the same evaporative emission family, vehicles must be similar with respect to:</P> <P>(i) Type of vapor storage device (<E T="03">e.g.,</E> canister, air cleaner, crankcase).</P> <P>(ii) Basic canister design.</P> <P>(iii) Fuel system.</P> <P>(7) Where vehicles are of a type which cannot be divided into evaporative emission families based on the criteria listed above, the Administrator will establish families for those vehicles based upon the features most related to their evaporative emission characteristics.</P> <P>(8)(i) If the manufacturer elects to participate in the Alternative Durability Program, the engine families covered by an application for certification shall be grouped based upon similar engine design and emission control system characteristics. Each of these groups shall constitute a separate engine family group.</P> <P>(ii) To be classed in the same engine family group, engine families must contain engines identical in all of the following respects:</P> <P>(A) The combustion cycle.<PRTPAGE P="98"/> </P> <P>(B) The cylinder block configuration (air-cooled or water-cooled; L-6, V-8, rotary, etc.).</P> <P>(C) Displacement (engines of different displacement within 50 cubic inches or 15 percent of the largest displacement and contained within a multidisplacement engine family will be included in the same engine family group).</P> <P>(D) Catalytic converter usage and basic type (noncatalyst, oxidation catalyst only, three-way catalyst equipped).</P> <P>(9) Engine families identical in all respects listed in paragraph (a)(8) of this section may be further divided into different engine family groups if the Administrator determines that they are expected to have significantly different exhaust emission control system deterioration characteristics.</P> <P>(10) A manufacturer may request the Administrator to include in an engine family group, engine families in addition to those grouped under the provisions of paragraph (a)(8) of this section. This request must be accompanied by information the manufacturer believes supports the inclusion of these additional engine families.</P> <P>(11) A manufacturer may combine into a single engine family group those light-duty vehicle and light-duty truck engine families which otherwise meet the requirements of paragraphs (a)(8) through (a)(10) of this section.</P> <P>(12) The vehicles covered by an application for certification equipped with gasoline-fueled or methanol-fueled heavy-duty engines will be divided into groupings of vehicles on the basis of physical features which are expected to affect evaporative emissions. Each group of vehicles with similar features shall be defined as a separate evaporative emission family.</P> <P>(13) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines to be classed in the same evaporative emission family, vehicles must be identical with respect to:</P> <P>(i) Method of fuel/air metering (<E T="03">i.e.,</E> carburetion versus fuel injection).</P> <P>(ii) Carburetor bowl fuel volume, within a 10 cc range.</P> <P>(14) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines to be classed in the same evaporative emission control system, vehicles must be identical with respect to:</P> <P>(i) Method of vapor storage.</P> <P>(ii) Method of carburetor sealing.</P> <P>(iii) Method of air cleaner sealing.</P> <P>(iv) Vapor storage working capacity, within a 20 g range.</P> <P>(v) Number of storage devices.</P> <P>(vi) Method of purging stored vapors.</P> <P>(vii) Method of venting the carburetor during both engine off and engine operation.</P> <P>(viii) Liquid fuel hose material.</P> <P>(ix) Vapor storage material.</P> <P>(15) Where vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines are types which cannot be divided into evaporative emission family-control system combinations based on the criteria listed above, the Administrator will establish evaporative emission family-control system combinations for those vehicles based on features most related to their evaporative emission characteristics.</P> <P>(16) No 1990 or later model year heavy-duty engine which is to be used to generate emission credits for 1991 and later banking, trading and averaging programs may also utilize nonconformance penalties (NCPs). Use of an NCP thus becomes an engine family criterion.</P> <P>(i) Use of either a NO<E T="52">X</E> or a particulate matter NCP by an engine family precludes that family from generating both NO<E T="52">X</E> and particulate matter emission credits.</P> <P>(ii) If a manufacturer desires to use both banked credits and NCPs on an engine family, two separate engine families must be established. One engine family must consist of engines certified for only credit use following the procedure specified in this subpart. The other engine family must be certified for only NCP use following the procedure as specified in 40 CFR part 86, subpart L.</P> <P>(17) Any 1990 or later model year urban bus engines which are to be used to generate PM credits for the 1991 and later model year urban bus PM standard shall be placed in separate engine families for certification purposes and the families shall be clearly designated as such in the application. Urban bus engines of different basic design will <PRTPAGE P="99"/>not be in the same family. If a manufacturer certifies two or more different urban bus engines these shall be in different engine families.</P> <P>(b) <E T="03">Emission data</E>—(1) <E T="03">Emission-data vehicles.</E> Paragraph (b)(1) of this section applies to light-duty vehicle and light-duty truck emission-data vehicles.</P> <P>(i) Vehicles will be chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle will be selected based on the following criteria: The Administrator shall select the vehicle with the heaviest equivalent test weight (including options) within the family. Then within that vehicle the Administrator shall select, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family and the maximum fuel flow calibration.</P> <P>(ii) The Administrator shall select one additional test vehicle from within each engine family. The vehicle selected shall be the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. If all vehicles within the engine family are similar the Administrator may waive the requirements of this paragraph.</P> <P>(iii) Within an engine family and exhaust emission control system, the manufacturer may alter any emission-data vehicle (or other vehicles such as including current or previous model year emission-data vehicles, fuel economy data vehicles, and development vehicles provided they meet emission-data vehicles, protocol) to represent more than one selection under paragraphs (b)(1) (i), (ii), (iv), or (vii) of this section.</P> <P>(iv) If the vehicles selected in accordance with paragraphs (b)(1) (i) and (ii) of this section do not represent each engine-system combination, then one vehicle of each engine-system combination not represented will be selected by the Administrator. The vehicle selected shall be the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family.</P> <P>(v) For high-altitude exhaust emission compliance for each engine family, the manufacturer shall follow one of the following procedures:</P> <P>(A) The manufacturer will select for testing under high-altitude conditions the vehicle expected to exhibit the highest emissions from the nonexempt vehicles selected in accordance with § 86.090-24(b)(1) (ii), (iii), and (iv) of this section or,</P> <P>(B) In lieu of testing vehicles according to paragraph (b)(1)(v)(A) of this section, a manufacturer may provide a statement in its application for certification that, based on the manufacturer's engineering evaluation of such high-altitude emission testing as the manufacturer deems appropriate,</P> <P>(<E T="03">1</E>) That all light-duty vehicles not exempt under § 86.090-8(h) comply with the emission standards at high-altitude, and</P> <P>(<E T="03">2</E>) That light-duty trucks sold for principal use at designated high-altitude locations comply with the high-altitude emission requirements, and that all light-duty trucks sold at low-altitude, which are not exempt under § 86.090-9(g)(2), are capable of being modified to meet high-altitude standards.</P> <P>(vi) If 90 percent or more of the engine family sales will be in California, a manufacturer may substitute emission-data vehicles selected by the California Air Resources Board criteria for the selections specified in paragraphs (b)(1) (i), (ii), and (iv) of this section.</P> <P>(vii)(A) Vehicles of each evaporative emission family will be divided into evaporative emission control systems.</P> <P>(B) The Administrator will select the vehicle expected to exhibit the highest evaporative emissions, from within each evaporative family to be certified, from among the vehicles represented by the exhaust emission-data selections for the engine family, unless evaporative testing has already been completed on the vehicle expected to exhibit the highest evaporative emissions for the evaporative family as part of another engine family's testing.</P> <P>(C) If the vehicles selected in accordance with paragraph (b)(1)(vii)(B) of this section do not represent each evaporative emission control system then the Administrator will select the <PRTPAGE P="100"/>highest expected evaporative emission vehicle from within the unrepresented evaporative system.</P> <P>(viii) For high-altitude evaporative emission compliance for each evaporative emission family, the manufacturer shall follow one of the following procedures:</P> <P>(A) The manufacturer will select for testing under high-altitude conditions the one nonexempt vehicle previously selected under paragraphs (b)(1)(vii) (B) or (C) of this section which is expected to have the highest level of evaporative emissions when operated at high altitude or</P> <P>(B) In lieu of testing vehicles according to paragraph (b)(1)(viii)(A) of this section, a manufacturer may provide a statement in its application for certification that based on the manufacturer's engineering evaluation of such high-altitude emission testing as the manufacturer deems appropriate,</P> <P>(<E T="03">1</E>) That all light-duty vehicles not exempt under § 86.090-8(h) comply with the emission standards at high altitude and</P> <P>(<E T="03">2</E>) That light-duty trucks sold for principal use at designated high-altitude locations comply with the high-altitude emission requirements, and that all light-duty trucks sold at low altitude, which are not exempt under § 86.090-9(g)(2), are capable of being modified to meet high-altitude standards.</P> <P>(ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section may be used to satisfy the requirements of (b)(1)(viii)(A) of this section.</P> <P>(x) <E T="03">Light-duty trucks only:</E> (A) The manufacturer may reconfigure any of the low-altitude emission-data vehicles to represent the vehicle configuration required to be tested at high altitude.</P> <P>(B) The manufacturer is not required to test the reconfigured vehicle at low altitude.</P> <P>(2) <E T="03">Otto-cycle heavy-duty emission-data engines.</E> Paragraph (b)(2) of this section applies to Otto-cycle heavy-duty engines.</P> <P>(i)-(ii) [Reserved]</P> <P>(iii) The Administrator shall select a maximum of two engines within each engine family based upon features indicating that they may have the highest emission levels of the engines in the engine family as follows:</P> <P>(A) The Administrator shall select one emission-data engine first based on the largest displacement within the engine family. Then within the largest displacement the Administrator shall select, in the order listed, highest fuel flow at the speed of maximum rated torque, the engine with the most advanced spark timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.</P> <P>(B) The Administrator shall select one additional engine, from within each engine family. The engine selected shall be the engine expected to exhibit the highest emissions of those engines remaining in the engine family. If all engines within the engine family are similar the Administrator may waive the requirements of this paragraph.</P> <P>(iv) If the engines selected in accordance with paragraphs (b)(2) (ii) and (iii) of this section do not represent each engine displacement-exhaust emission control system combination, then one engine of each engine displacement-exhaust emission control system combination not represented shall be selected by the Administrator.</P> <P>(v) Within an engine family/displacement/control system, the manufacturer may alter any emission-data engine (or other engine including current or previous model year emission-data vehicles and development engines provided they meet the emission-data engines protocol) to represent more than one selection under paragraphs (b)(2)(iii) of this section.</P> <P>(3) <E T="03">Diesel heavy-duty emission-data engines.</E> Paragraph (b)(3) of this section applies to diesel heavy-duty emission-data vehicles.</P> <P>(i) Engines will be chosen to be run for emission data based upon engine family groupings. Within each engine family, the requirements of this paragraph must be met.</P> <P>(ii) Engines of each engine family will be divided into groups based upon their exhaust emission control systems. One engine of each engine system combination shall be run for smoke emission data (diesel engines only) and <PRTPAGE P="101"/>gaseous emission data. Either the complete gaseous emission test or the complete smoke test may be conducted first. Within each combination, the engine that features the highest fuel feed per stroke, primarily at the speed of maximum rated torque and secondarily at rated speed, will usually be selected. If there are military engines with higher fuel rates than other engines in the same engine system combinations, then one military engine shall also be selected. The engine with the highest fuel feed per stroke will usually be selected.</P> <P>(iii) The Administrator may select a maximum of one additional engine within each engine-system combination based upon features indicating that it may have the highest emission levels of the engines of that combination. In selecting this engine, the Administrator will consider such features as the injection system, fuel system, compression ratio, rated speed, rated horsepower, peak torque speed, and peak torque.</P> <P>(iv) Within an engine family control system combination, the manufacturer may alter any emission-data engine (or other engine including current or previous model year emission-data vehicles and development engines provided they meet the emission-data engines' protocol) to represent more than one selection under paragraphs (b)(3) (ii) and (iii) of this section.</P> <P>(c) <E T="03">Durability data</E>—(1) <E T="03">Light-duty vehicle durability-data vehicles.</E> Paragraph (c)(1) of this section applies to light-duty vehicle durability-data vehicles.</P> <P>(i) A durability-data vehicle will be selected by the Administrator to represent each engine-system combination. The vehicle selected shall be of the engine displacement with the largest projected sales volume of vehicles with that control-system combination in that engine family and will be designated by the Administrator as to transmission type, fuel system, inertia weight class, and test weight.</P> <P>(ii) A manufacturer may elect to operate and test additional vehicles to represent any engine-system combination. The additional vehicles must be of the same engine displacement, transmission type, fuel system and inertia weight class as the vehicle selected for that engine-system combination in accordance with the provisions of paragraph (c)(1)(i) of this section. Notice of an intent to operate and test additional vehicles shall be given to the Administrator no later than 30 days following notification of the test fleet selection.</P> <P>(2) <E T="03">Light-duty trucks.</E> Paragraph (c)(2) of this section applies to vehicles, engines, subsystems, or components used to establish exhaust emission deterioration factors for light-duty trucks.</P> <P>(i) The manufacturer shall select the vehicles, engines, subsystems, or components to be used to determine exhaust emission deterioration factors for each engine-family control system combination. Whether vehicles, engines, subsystems, or components are used, they shall be selected so that their emissions deterioration characteristics may be expected to represent those of in-use vehicles, based on good engineering judgment.</P> <P>(ii) [Reserved]</P> <P>(3) <E T="03">Heavy-duty engines.</E> Paragraph (c)(3) of this section applies to engines, subsystems, or components used to establish exhaust emission deterioration factors for heavy-duty engines.</P> <P>(i) The manufacturer shall select the engines, subsystems, or components to be used to determine exhaust emission deterioration factors for each engine-family control system combination. Whether engines, subsystems, or components are used, they shall be selected so that their emissions deterioration characteristics may be expected to represent those of in-use engines, based on good engineering judgment.</P> <P>(ii) [Reserved]</P> <P>(d) For purposes of testing under § 86.084-26 (a)(9) or (b)(11), the Administrator may require additional emission-data vehicles (or emission-data engines) and durability-data vehicles (light-duty vehicles only) identical in all material respects to vehicles (or engines) selected in accordance with paragraphs (b) and (c) of this section, <E T="03">provided</E> that the number of vehicles (or engines) selected shall not increase the size of either the emission-data fleet or the durability-data fleet by more than 20 percent or one vehicle (or engine), whichever is greater.<PRTPAGE P="102"/> </P> <P>(e)(1) Any manufacturer whose projected sales for the model year in which certification is sought is less than:</P> <P>(i) 2,000 Otto-cycle light-duty vehicles, or</P> <P>(ii) 2,000 diesel light-duty vehicles, or</P> <P>(iii) 2,000 Otto-cycle light-duty trucks, or</P> <P>(iv) 2,000 diesel light-duty trucks, or</P> <P>(v) 2,000 Otto-cycle heavy-duty engines, or</P> <P>(vi) 2,000 diesel heavy-duty engines, may request a reduction in the number of test vehicles (or engines) determined in accordance with the foregoing provisions of this section. The Administrator may agree to such lesser number as he determines would meet the objectives of this procedure.</P> <P>(2) Any manufacturer may request to certify engine families with combined total sales of fewer than 10,000 light-duty vehicles, light-duty trucks, and heavy-duty engines utilizing assigned deterioration factors prescribed by the Administrator. The assigned deterioration factors shall be applied only to entire engine families.</P> <P>(f) In lieu of testing an emission-data or durability-data vehicle (or engine) selected under paragraph (b) or (c) of this section, and submitting data therefore, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data and/or fuel evaporative emission data, as applicable on a similar vehicle (or engine) for which certification has previously been obtained or for which all applicable data required under § 86.090-23 has previously been submitted.</P> <P>(g)(1) This paragraph applies to light-duty vehicles and light-duty trucks, but does not apply to the production vehicles selected under paragraph (h) of this section.</P> <P>(2)(i) Where it is expected that more than 33 percent of a carline, within an engine-system combination will be equipped with an item (whether that item is standard equipment or an option), the full estimated weight of that item shall be included in the curb weight computation for each vehicle available with that option in that carline, within that engine-system combination.</P> <P>(ii) Where it is expected that 33 percent or less of the carline, within an engine-system, will be equipped with an item of (whether that item is standard equipment or an option), no weight for that item will be added in computing curb weight for any vehicle in that carline, within that engine-system combination, unless that item is standard equipment on the vehicle.</P> <P>(iii) In the case of mutually exclusive options, only the weight of the heavier option will be added in computing curb weight.</P> <P>(iv) Optional equipment weighing less than 3 pounds per item need not be considered.</P> <P>(3)(i) Where it is expected that more than 33 percent of a carline, within an engine-system combination will be equipped with an item of (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, then such items shall actually be installed (unless excluded under paragraph (g)(3)(ii) of this section) on all emission data and durability data vehicles of that carline, within that engine-system combination, on which the items are intended to be offered in production. Items that can reasonably be expected to influence emissions are: air conditioning, power steering, power brakes and other items determined by the Administrator.</P> <P>(ii) If the manufacturer determines by test data or engineering evaluation that the actual installation of the optional equipment required by paragraph (g)(3)(i) of this section does not affect the emissions or fuel economy values, the optional equipment need not be installed on the test vehicle.</P> <P>(iii) The weight of the options shall be included in the design curb weight and also be represented in the weight of the test vehicles.</P> <P>(iv) The engineering evaluation, including any test data, used to support the deletion of optional equipment from test vehicles, shall be maintained by the manufacturer and shall be made available to the Administrator upon request.</P> <P>(4) Where it is expected that 33 percent or less of a carline, within an engine system combination will be equipped with an item of (whether that <PRTPAGE P="103"/>item is standard equipment or an option) that can reasonably be expected to influence emissions, that item shall not be installed on any emission data or durability data vehicles of that carline, within that engine-system combination, unless that item is standard equipment on the vehicle.</P> <P>(h) Alternative Durability Program durability-data vehicles. This section applies to light-duty vehicle and light-duty truck durability-data vehicles selected under the Alternative Durability Program described in § 86.085-13.</P> <P>(1) In order to update the durability data to be used to determine a deterioration factor for each engine family group, the Administrator will select durability-data vehicles from the manufacturer's production line. Production vehicles will be selected from each model year's production for those vehicles certified using the Alternative Durability Program procedures.</P> <P>(i) The Administrator shall select the production durability-data vehicle designs from the designs that the manufacturer offers for sale. For each model year and for each engine family group, the Administrator may select production durability-data vehicle designs of equal number to the number of engine families within the engine family group, up to a maximum of three vehicles.</P> <P>(ii) The production durability-data vehicles representing the designs selected in paragraph (h)(1)(i) of this section will be randomly selected from the manufacturer's production. The Administrator will make these random selections unless the manufacturer (with prior approval of the Administrator) elects to make the random selections.</P> <P>(iii) The manufacturer may select additional production durability-data vehicle designs from within the engine family group. The production durability-data vehicles representing these designs shall be randomly selected from the manufacturer s production in accordance with paragraph (h)(l)(ii) of this section.</P> <P>(iv) For each production durability-data vehicle selected under paragraph (h)(1) of this section, the manufacturer shall provide to the Administrator (before the vehicle is tested or begins service accumulation) the vehicle identification number. Before the vehicle begins service accumulation the manufacturer shall also provide the Administrator with a description of the durability-data vehicle as specified by the Administrator.</P> <P>(v) In lieu of testing a production durability-data vehicle selected under paragraph (h)(1) of this section, and submitting data therefrom, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data from a production vehicle of the same configuration for which all applicable data has previously been submitted.</P> <P>(2) If, within an existing engine family group, a manufacturer requests to certify vehicles of a new design, engine family, emission control system, or with any other durability-related design difference, the Administrator will determine if the existing engine family group deterioration factor is appropriate for the new design. If the Administrator cannot make this determination or deems the deterioration factor not appropriate, the Administrator shall select preproduction durability-data vehicles under the provisions of paragraph (c) of this section. If vehicles are then certified using the new design, the Administrator may select production vehicles with the new design under the provisions of paragraph (h)(1) of this section.</P> <P>(3) If a manufacturer reguests to certify vehicles of a new design that the Administrator determines are a new engine family group, the Administrator shall select preproduction durability data vehicles under the provisions of paragraph (c) of this section. If vehicles are then certified using the new design, the Administrator may select production vehicles of that design under the provisions of paragraph (h)(1) of this section.</P> <CITA>[54 FR 14474, Apr. 11, 1989, as amended at 55 FR 30618, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-25</SECTNO> <SUBJECT>Maintenance.</SUBJECT> <P>(a) <E T="03">Applicability.</E> This section applies to light-duty vehicles, light-duty trucks, and heavy-duty engines.</P> <P>(1) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust or <PRTPAGE P="104"/>evaporative emission deterioration factors is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.</P> <P>(b) This section specifies emission-related scheduled maintenance for purposes of obtaining durability data and for inclusion in maintenance instructions furnished to purchasers of new motor vehicles and new motor vehicles engines under § 86.087-38.</P> <P>(1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same mileage intervals (or equivalent intervals if engines, subsystems, or components are used) that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the motor vehicle or engine under § 86.088-35. This maintenance schedule may be updated as necessary throughout the testing of the vehicle/engine provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test vehicle or engine.</P> <P>(2) Any emission-related maintenance which is performed on vehicles, engines, subsystems, or components must be technologically necessary to assure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to purchasers under § 86.087-38. As provided below, EPA has determined that emission-related maintenance at shorter intervals than that outlined in paragraphs (b)(3) and (b)(4) of this section is not technologically necessary to ensure in-use compliance. However, the Administrator may determine that maintenance even more restrictive (<E T="03">e.g.,</E> longer intervals) than that listed in paragraphs (b)(3) and (b)(4) of this section is also not technologically necessary.</P> <P>(3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy duty engines, emission-related maintenance in addition to, or at shorter intervals than, the following will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.</P> <P>(i)(A) The cleaning or replacement of light-duty vehicle or light-duty truck spark plugs at 30,000 miles of use and at 30,000 mile intervals thereafter.</P> <P>(B) The cleaning or replacement of Otto-cycle heavy duty engine spark plugs at 25,000 miles (or 750 hours) of use and at 25,000 mile intervals (or 750-hour) intervals thereafter, for engines certified for use with unleaded fuel only.</P> <P>(4) For diesel powered light-duty vehicles, light-duty trucks, and heavy-duty engines, emission-related maintenance in addition to, or at shorter intervals than, the following will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section.</P> <P>(i) For light-duty vehicles, the adjustment, cleaning, repair, or replacement of the following may not be performed within the 50,000-mile useful life of the vehicle:</P> <P>(A) Exhaust gas recirculation system (including all related filters and control valves).</P> <P>(B) Positive crankcase ventilation valve.</P> <P>(C) Fuel injectors.</P> <P>(D) Turbocharger.</P> <P>(E) Electronic engine control unit and its associated sensors and actuators.</P> <P>(F) Particulate trap or trap-oxidizer system (including related components).</P> <P>(ii) For light-duty trucks and heavy-duty engines, the adjustment, cleaning, repair, or replacement of the following at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter:</P> <P>(A) Exhaust gas recirculation system (including all related filters and control valves).</P> <P>(B) Positive crankcase ventilation valve.</P> <P>(C) Fuel injector tips (cleaning <E T="03">only</E>).<PRTPAGE P="105"/> </P> <P>(iii) The following maintenance at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter for light-duty trucks and light heavy-duty engines, or, at 150,000 miles (or 4,500 hours) of use and at 150,000-mile (or 4,500-hour) intervals thereafter for medium and heavy-duty engines: The adjustment, cleaning, repair, or replacement of:</P> <P>(A) Fuel injectors.</P> <P>(B) Turbocharger.</P> <P>(C) Electronic engine control unit and its associated sensors and actuators.</P> <P>(D) Particulate trap or trap-oxidizer system (including related components).</P> <P>(5) [Reserved]</P> <P>(6)(i) The following components are currently defined as critical emission-related components:</P> <P>(A) Catalytic converter.</P> <P>(B) Air injection system components.</P> <P>(C) Electronic engine control unit and its associated sensors (including oxygen sensor if installed) and actuators.</P> <P>(D) Exhaust gas recirculation system (including all related filters and control valves).</P> <P>(E) Positive crankcase ventilation valve.</P> <P>(F) Evaporative emission control system components (excluding canister air filter).</P> <P>(G) Particulate trap or trap-oxidizer system.</P> <P>(ii) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in-use. The manufacturer shall be required to show the reasonable likelihood of such maintenance being performed in-use, and such showing shall be made prior to the performance of the maintenance on the durability data vehicle. Critical emission-related scheduled maintenance items which satisfy one of the following conditions will be accepted as having a reasonable likelihood of the maintenance item being performed in-use:</P> <P>(A) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical driving.</P> <P>(B) Survey data are submitted which adequately demonstrate to the Administrator that, at an 80 percent confidence level, 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s).</P> <P>(C) A clearly displayed visible signal system approved by the Administrator is installed to alert the vehicle driver that maintenance is due. A signal bearing the message “maintenance needed” or “check engine,” or a similar message approved by the Administrator, shall be actuated at the appropriate mileage point or by component failure. This signal must be continuous while the engine is in operation, and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator.</P> <P>(D) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (b)(6)(ii)(B) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.</P> <P>(E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under § 86.087-38.</P> <P>(F) Any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.<PRTPAGE P="106"/> </P> <P>(iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act under section 203(a)(3) of the Clean Air Act, as amended in August 1977 (42 U.S.C. 7522(a)(3)).</P> <P>(7) <E T="03">Changes to scheduled maintenance.</E> (i) For maintenance practices that existed prior to the 1980 model year, only the maintenance items listed in paragraphs (b)(3) and (b)(4) of this section are currently considered by EPA to be emission-related. The Administrator may, however, determine additional scheduled maintenance items that existed prior to the 1980 model year to be emission-related by announcement in a <E T="04">Federal Register</E> Notice. In no event may this notification occur later than September 1 of the calendar year two years prior to the affected model year.</P> <P>(ii) In the case of any new scheduled maintenance, the manufacturer must submit a request for approval to the Administrator for any maintenance that it wishes to recommend to purchasers and perform during durability determination. New scheduled maintenance is that maintenance which did not exist prior to the 1980 model year, including that which is a direct result of the implementation of new technology not found in production prior to the 1980 model year. The manufacturer must also include its recommendations as to the category (<E T="03">i.e.,</E> emission-related or non-emission- -related, critical or non-critical) of the subject maintenace and, for suggested emission-related maintenance, the maximum feasible maintenance interval. Such requests must include detailed evidence supporting the need for the maintenance requested, and supporting data or other substantiation for the recommended maintenance category and for the interval suggested for emission-related maintenance. Requests for new scheduled maintenance must be approved prior to the introduction of the new maintenance. The Administrator will then designate the maintenance as emission-related or non-emission-related. For maintenance items established as emission-related, the Administrator will further designate the maintenance as critical if the component which receives the maintenance is a critical component under paragraph (b)(6) of this section. For each maintenance item designated as emission-related, the Administrator will also establish a technologically necessary maintenance interval, based on industry data and any other information available to EPA. Designations of emission-related maintenance items, along with their identification as critical or non-critical, and establishment of technologically necessary maintenance intervals, will be announced in the <E T="04">Federal Register.</E> </P> <P>(iii) Any manufacturer may request a hearing on the Administrator's determinations in paragraph (b)(7) of this section. The request shall be in writing, and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.</P> <P>(c) Non-emission-related scheduled maintenance which is reasonable and technologically necessary (<E T="03">e.g.,</E> oil change, oil filter change, fuel filter change, air filter change, cooling system maintenance, adjustment of idle speed, governor, engine bolt torque, valve lash, injector lash, timing, etc.) may be performed on durability-data vehicles at the intervals recommended by the manufacturer to the ultimate purchaser.</P> <P>(d) <E T="03">Unscheduled maintenance on light-duty durability data vehicles.</E> (1) Unscheduled maintenance may be performed during the testing used to determine deterioration factors, except as provided in paragraphs (d)(2) and (d)(3) of this section, only under the following provisions:</P> <P>(i) A fuel injector or spark plug may be changed if a persistent misfire is detected.</P> <P>(ii) Readjustment of an Otto-cycle vehicle cold-start enrichment system <PRTPAGE P="107"/>may be performed if there is a problem of stalling.</P> <P>(iii) Readjustment of the engine idle speed (curb idle and fast idle) may be performed in addition to that performed as scheduled maintenance under paragraph (c) of this section, if the idle speed exceeds the manufacturer's recommended idle speed by 300 rpm or more, or if there is a problem of stalling.</P> <P>(2) Any other unscheduled vehicle, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement during testing to determine deterioration factors shall be performed only with the advance approval of the Administrator. Such approval will be given if the Administrator:</P> <P>(i) Has made a preliminary determination that the part failure or system malfunction, or the repair of such failure or malfunction, does not render the vehicle or engine unrepresentative of vehicles or engines in-use, and does not require direct access to the combustion chamber, except for spark plug, fuel injection component, or removable prechamber removal or replacement; and,</P> <P>(ii) Has made a determination that the need for maintenance or repairs is indicated by an overt indication of malfunction such as persistent misfiring, engine stalling, overheating, fluid leakage, loss of oil pressure, excessive fuel consumption or excessive power loss. The Administrator shall be given the opportunity to verify the existence of an overt indication of part failure and/or vehicle/engine malfunction (<E T="03">e.g.,</E> misfiring, stalling, black smoke), or an activation of an audible and/or visible signal, prior to the performance of any maintenance to which such overt indication or signal is relevant under the provisions of this section.</P> <P>(3) Emission measurement may not be used as a means of determining the need for unscheduled maintenance under paragraph (d)(2) of this section, except under the following conditions:</P> <P>(i) The Administrator may approve unscheduled maintenance on durability-data vehicles based upon a significant change in emission levels that indicates a vehicle or engine malfunction. In these cases the Administrator may first approve specific diagnostic procedures to identify the source of the problem. The Administrator may further approve of specific corrections to the problem after the problem has been identified. The Administrator may only approve the corrective action after it is determined that:</P> <P>(A) The malfunction was caused by nonproduction build practices or by a previously undetected design problem,</P> <P>(B) The malfunction will not occur in production vehicles or engines in-use, <E T="03">and</E> </P> <P>(C) The deterioration factor generated by the durability-data vehicle or engine will remain unaffected by the malfunction or by the corrective action (<E T="03">e.g.,</E> the malfunction was present for only a short period of time before detection, replacement parts are functionally representative of the proper mileage or hours, etc.).</P> <P>(ii) Following any unscheduled maintenance approved under paragraph (d)(3)(i) of this section, the manufacturer shall perform an after-maintenance emissions test. If the Administrator determines that the after-maintenance emission levels for any pollutant indicates that the deterioration factor is no longer representative of production, the Administrator may disqualify the durability-data vehicle or engine.</P> <P>(4) If the Administrator determines that part failure or system malfunction occurrence and/or repair rendered the vehicle/engine unrepresentative of vehicles in-use, the vehicle/engine shall not be used for determining deterioration factors.</P> <P>(5) Repairs to vehicle components of a durability data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.</P> <P>(e) <E T="03">Maintenance on emission data vehicles and engines.</E> (1) Adjustment of engine idle speed on emission data vehicles may be performed once before the low-mileage/low-hour emission test point. Any other engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, <PRTPAGE P="108"/>or replacement on emission data vehicles shall be performed only with the advance approval of the Administrator.</P> <P>(2) Maintenance on light-duty truck emission-data vehicles selected under § 86.090-24(b)(1) (v) or (vii), and permitted to be tested for purposes of § 86.090-23(c)(1)(ii) under the provisions of § 86.090-24(b)(2), may be performed in conjunction with emission control system modifications at the low-mileage test point, and shall be performed in accordance with the maintenance instructions to be provided to the ultimate purchaser required under § 86.087-38.</P> <P>(3) Maintenance on those light-duty truck emission-data vehicles selected under 86.090-24(b)(1)(v) which are not capable of being modified in the field for the purpose of complying with emissions standards at an altitude other than that intended by the original design, may be performed in conjunction with the emission control system modifications at the low-mileage test point, and shall be approved in advance by the Administrator.</P> <P>(4) Repairs to vehicle components of an emission data vehicle other than the engine, emission control system, or fuel system, shall be performed only as a result of part failure, vehicle system malfunction, or with the advance approval of the Administrator.</P> <P>(f) Equipment, instruments, or tools may not be used to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools will be available to dealerships and other service outlets and:</P> <P>(1) Are used in conjunction with scheduled maintenance on such components, or</P> <P>(2) Are used subsequent to the identification of a vehicle or engine malfunction, as provided in paragraph (d)(2) of this section for durability data vehicles or in paragraph (e)(1) of this section for emission-data vehicles, or</P> <P>(3) Unless specifically authorized by the Administrator.</P> <P>(g)(1) Paragraph (g) of this section applies to light-duty vehicles.</P> <P>(2) Complete emission tests (see §§ 86.106 through 86.145) are required, unless waived by the Administrator, before and after scheduled maintenance approved for durability data vehicles. The manufacturer may perform emission tests before unscheduled maintenance. Complete emission tests are required after unscheduled maintenance which may reasonably be expected to affect emissions. The Administrator may waive the requirement to test after unscheduled maintenance. These test data may be submitted weekly to the Administrator, but shall be air posted or delivered within 7 days after completion of the tests, along with a complete record of all pertinent maintenance, including a preliminary engineering report of any malfunction diagnosis and the corrective action taken. A complete engineering report shall be delivered to the Administrator concurrently with the manufacturer's application for certification.</P> <P>(h) All test data, maintenance reports, and required engineering reports shall be compiled and provided to the Administrator in accordance with § 86.090-23.</P> <CITA>[53 FR 471, Jan. 7, 1988, as amended at 54 FR 14478, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission requirements.</SUBJECT> <P>(a)(1) Paragraph (a) of this section applies to light-duty vehicles.</P> <P>(2) The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at higher loaded vehicle weight.</P> <P>(3) <E T="03">Emission-data vehicles.</E> Unless otherwise provided for in § 86.090-23(a), emission-data vehicles shall be operated and tested as follows:</P> <P>(i) <E T="03">Otto-cycle.</E> (A) The manufacturer shall determine, for engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall <PRTPAGE P="109"/>maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. Any vehicle used to represent emission-data vehicle selections under § 86.090-24(b)(1) shall be equipped with an engine and emission control system that has accumulated at least the mileage determined under this paragraph. Fuel economy data generated from certification vehicles selected in accordance with § 86.090-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-82(c). Complete exhaust and evaporative (if required) emission tests shall be conducted for each emission-data vehicle selection under § 86.090-24(b)(1). The Administrator may determine under § 86.090-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (v) or (viii) shall be conducted at the mileage at which the engine system combination is stabilized for emission testing under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emissions tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing under low-altitude conditions.</P> <P>(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.090-24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with § 86.090-24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.</P> <P>(ii) <E T="03">Diesel.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. Any vehicle used to represent emission-data vehicle selections under § 86.090-24(b)(1) shall be equipped with an engine and emission control system that has accumulated at least the mileage determined under this paragraph. Fuel economy data generated from certification vehicles selected in accordance with § 86.090-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-82(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle selection under § 86.090-24(b)(1). The Administrator may determine under § 86.090-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1)(v) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing under low-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (i) through (iv) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing under low-altitude conditions.</P> <P>(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.090-24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with § 86.090-24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.<PRTPAGE P="110"/> </P> <P>(4)(i) <E T="03">Durability data vehicles.</E> (A) Unless otherwise provided for in § 86.090-23(a), each durability-data vehicle shall be driven, with all emission control systems installed and operating, for 50,000 miles or such lesser distance as the Administrator may agree to as meeting the objective of this procedure.</P> <P>(B) Complete exhaust emission tests shall be made at test point mileage intervals that the manufacturer determines.</P> <P>(C) At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at 50,000 miles.</P> <P>(D) The mileage interval between test points must be of equal length except for the interval between zero miles and the first test, and any interval before or after testing conducted in conjunction with vehicle maintenance as specified in § 86.090-25(g)(2).</P> <P>(ii) The manufacturer may, at its option, alter the durability-data vehicle at the selected test point to represent emission-data vehicle(s) within the same engine/system combination and perform emission tests on the altered vehicle. Upon completion of emission testing, the manufacturer may return the test vehicle to the durability-data vehicle configuration prior to the continuation of mileage accumulation.</P> <P>(5)(i) All tests required by this subpart on emission-data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (a)(3) of this section.</P> <P>(ii) All tests required by this subpart on durability-data vehicles shall be conducted within 250 miles of each of the test points.</P> <P>(6)(i)(A) The manufacturer may conduct multiple tests at any test point at which the data are intended to be used in the deterioration factor. At each test point where multiple tests are conducted, the test results from all valid tests shall be averaged to determine the data point to be used in the deterioration factor calculation, except under paragraph (a)(6)(i)(B) of this section. The test results from emission tests performed before maintenance affecting emissions shall not be averaged with test results after the maintenance.</P> <P>(B) The manufacturer is not required to average multiple tests if the manufacturer conducts no more than three tests at each test point and if the number of tests at each test point is equal. All test points must be treated the same for all exhaust pollutants.</P> <P>(ii) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.090-23. Where the Administrator conducts a test on a durability-data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.</P> <P>(iii) The results of all emission tests shall be rounded, in accordance with ASTM E 29-67, to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.</P> <P>(7) Whenever a manufacturer intends to operate and test a vehicle which may be used for emission or durability data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle alterations to represent other vehicle selections. For emission-data vehicles, this information shall be submitted, including the vehicle description and specification information required by the Administrator, to the Administrator following the emission-data test. For durability-data vehicles, this information shall be submitted following the 5,000-mile test.</P> <P>(8) Once a manufacturer submits the information required in paragraphs (a)(7) of this section for a durability-data vehicle, the manufacturer shall continue to run the vehicle to 50,000 <PRTPAGE P="111"/>miles, and the data from the vehicle will be used in the calculations under § 86.090-28. Discontinuation of a durability-data vehicle shall be allowed only with the consent of the Administrator.</P> <P>(9)(i) The Administrator may elect to operate and test any test vehicle during all or any part of the mileage accumulation and testing procedure. In such cases, the manufacturer shall provide the vehicle(s) to the Administrator with all information necessary to conduct this testing.</P> <P>(ii) The test procedures in §§ 86.106 through 86.145 will be followed by the Administrator. The Administrator will test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.</P> <P>(iii) The data developed by the Administrator for the engine-system combination shall be combined with any applicable data supplied by the manufacturer on other vehicles of that combination to determine the applicable deterioration factors for the combination. In the case of a significant discrepancy between data developed by the Administrator and that submitted by the manufacturer, the Administrator's data shall be used in the determination of deterioration factors.</P> <P>(10) Emission testing of any type with respect to any certification vehicle other than that specified in this part is not allowed except as such testing may be specifically authorized by the Administrator.</P> <P>(11) This section does not apply to testing conducted to meet the requirements of § 86.090-23(b)(2).</P> <P>(b)(1) Paragraph (b) of this section applies to light-duty trucks.</P> <P>(2) There are three types of mileage or service accumulation applicable to light-duty trucks:</P> <P>(i) Mileage or service accumulation on vehicles, engines, subsystems, or components selected by the manufacturer under § 86.090-24(c)(2)(i). The manufacturer determines the form and extent of this mileage or service accumulation, consistent with good engineering practice, and describes it in the application for certification.</P> <P>(ii) Mileage accumulation of the duration selected by the manufacturer on emission-data vehicles selected under § 86.090-24(b)(1). The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at the test weight corresponding to the higher loaded vehicle weight.</P> <P>(iii) Service or mileage accumulation which may be part of the test procedures used by the manufacturer to establish evaporative emission deterioration factors.</P> <P>(3) Exhaust emission deterioration factors will be determined on the basis of the mileage or service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.</P> <P>(4) Each emission-data vehicle shall be operated and tested as follows:</P> <P>(i) <E T="03">Otto-cycle.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. Any vehicle used to represent emission-data vehicle selections under § 86.090-24(b)(1) shall be equipped with an engine and emission control system that has accumulated at least the mileage determined under this paragraph. Fuel economy data generated from certification vehicles selected in accordance with § 86.090-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-82(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle <PRTPAGE P="112"/>selection under § 86.090-24(b)(1). The Administrator may determine under § 86.090-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (v) or (viii) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at 6,436 kilometers (4,000-miles) under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (ii), (iii), (iv)(A), or (vii)(B) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at the 6,436-kilometer (4,000-mile) test point under low-altitude conditions.</P> <P>(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.090-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.</P> <P>(ii) <E T="03">Diesel.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. Any vehicle used to represent emission-data vehicle selections under § 86.090-24(b)(1) shall be equipped with an engine and emission control system that has accumulated at least the mileage determined under this paragraph. Fuel economy data generated from certification vehicles selected in accordance with § 86.090-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-82(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle selection under § 86.090-24(b)(1). The Administrator may determine under § 86.090-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (v) or (viii) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at 6,436-kilometer (4,000-miles) under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (ii), (iii), (iv)(A), or (vii)(B) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at the 6,436-kilometer (4,000-mile) test point under low-altitude conditions.</P> <P>(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.090-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.</P> <P>(ii) <E T="03">Diesel.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. Any vehicle used to represent emission-data vehicle selections under § 86.090-24(b)(1) shall be equipped with an engine and emission control system that has accumulated at least the mileage determined under this paragraph. Fuel economy data generated from certification vehicles selection in accordance with § 86.090-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-82(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle selection under § 86.090-24(b)(1). The Administrator may determine under § 86.090-24(f) that no testing is required.<PRTPAGE P="113"/> </P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1)(v) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at the 6,436-kilometer (4,000-mile) test point under low-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.090-24(b)(1) (ii), (iii), and (iv) shall be conducted at the mileage at which the engine-system combination is stabilized for emission testing or at the 6,436-kilometer (4,000-mile) test point under low-altitude conditions.</P> <P>(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.090-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.</P> <P>(iii) [Reserved]</P> <P>(iv) All tests required by this subpart on emission-data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (b)(4) of this section.</P> <P>(c)(1) Paragraph (c) of this section applies to heavy-duty engines.</P> <P>(2) There are two types of service accumulation applicable to heavy-duty engines:</P> <P>(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.088-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.</P> <P>(ii) Dynamometer service accumulation on emission-data engines selected under § 86.090-24(b) (2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.</P> <P>(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.</P> <P>(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission-data engine selections under § 86.090-24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission-data engine selection under § 86.090-24(b)(2). Evaporative emission controls need not be connected provided normal operating conditions are maintained in the engine induction system. The Administrator may determine under § 86.090-24(f) that no testing is required.</P> <P>(d)(1) Paragraph (d) of this section applies to both light-duty trucks and heavy-duty engines.</P> <P>(2)(i) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the tests. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.090-23. Where the Administrator conducts a test on a durability-data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.<PRTPAGE P="114"/> </P> <P>(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with ASTM E 29-67, to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.</P> <P>(3) Whenever a manufacturer intends to operate and test a vehicle (or engine) which may be used for emission data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle (or engine) alterations to represent other vehicle (or engine) selections. This information shall be submitted, including the vehicle (or engine) description and specification information required by the Administrator, to the Administrator following the emission-data test.</P> <P>(4)-(5) [Reserved]</P> <P>(6) Emission testing of any type with respect to any certification vehicle or engine other than that specified in this subpart is not allowed except as such testing may be specifically authorized by the Administrator.</P> <CITA>[54 FR 14478, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.090-27</SECTNO> <SUBJECT>Special test procedures.</SUBJECT> <P>(a) The Administrator may, on the basis of written application by a manufacturer, prescribe test procedures, other than those set forth in this part, for any light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle which the Administrator determines is not susceptible to satisfactory testing by the procedures set forth in this part.</P> <P>(b) If the manufacturer does not submit a written application for use of special test procedures but the Administrator determines that a light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle is not susceptible to satisfactory testing by the procedures set forth in this part, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection in accordance with the provisions of § 86.090-22(c).</P> <CITA>[54 FR 14481, Apr. 11, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.090-2 remain effective. The definitions listed in this section apply beginning with the 1991 model year.</P> <P> <E T="03">Urban bus</E> means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intra-city operation, <E T="03">i.e.,</E> within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, <E T="03">e.g.,</E> rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines.</P> <CITA>[55 FR 30619, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <P>(a) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards or procedures prescribed in this subpart shall establish, maintain and retain the following adequately organized and indexed records.</P> <P>(1) <E T="03">General records.</E> (i) The records required to be maintained by this paragraph shall consist of:</P> <P>(A) Identification and description of all certification vehicles (or certification engines) for which testing is required under this subpart.</P> <P>(B) A description of all emission control systems which are installed on or incorporated in each certification vehicle (or certification engine).</P> <P>(C) A description of all procedures used to test each such certification vehicle (or certification engine).<PRTPAGE P="115"/> </P> <P>(ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a)(1).</P> <P>(2) <E T="03">Individual records.</E> (i) A brief history of each motor vehicle (or motor vehicle engine) used for certification under this subpart including:</P> <P>(A) In the case where a current production engine is modified for use in a certification vehicle (or as a certification engine), a description of the process by which the engine was selected and of the modifications made. In the case where the engine for a certification vehicle (or certification engine) is not derived from a current production engine, a general description of the buildup of the engine (<E T="03">e.g.,</E> experimental heads were cast and machined according to supplied drawings, etc.). In both cases above, a description of the origin and selection process for carburetor, distributor, fuel system components, fuel injection components, emission control system components, smoke exhaust emission control system components, and exhaust aftertreatment devices as applicable, shall be included. The required descriptions shall specify the steps taken to assure that the certification vehicle (or certification engine) with respect to its engine, drivetrain, fuel system, emission control system components, exhaust aftertreatment devices, smoke exhaust emission control system components, vehicle weight or any other devices or components, as applicable, that can reasonably be expected to influence exhaust or evaporative emissions, as applicable, will be representative of production vehicles (or engines) and that either all components and/or vehicles (or engine) construction processed, component inspection and selection techniques, and assembly techniques employed in constructing such vehicles (or engines) are reasonably likely to be implemented for production vehicles (or engines) or that they are as closely analogous as practicable to planned construction and assembly processed.</P> <P>(B) A complete record of all emission tests performed (except tests performed by EPA directly), including test results, the date and purpose of each test, and the number of miles accumulated on the vehicle (or the number of hours accumulated on the engine).</P> <P>(C) The date of each mileage (or service) accumulation run, listing the mileage (or number of operating hours) accumulated.</P> <P>(D) [Reserved]</P> <P>(E) A record and description of all maintenance and other servicing performed, giving the date of the maintenance or service and the reason for it.</P> <P>(F) A record and description of each test performed to diagnose engine or emission control system performance, giving the date and time of the test and the reason for it.</P> <P>(G) [Reserved]</P> <P>(H) A brief description of any significant events affecting the vehicle (or engine) during any time in the period covered by the history not described by an entry under one of the previous headings including such extraordinary events as vehicle accidents (or accidents involving the engine) or dynamometer runaway.</P> <P>(ii) Each such history shall be started on the date that the first of any of the selection or buildup activities in paragraph (a)(2)(i)(A) of this section occurred with respect to the certification vehicle (or engine) changes or additional work is done on it, and shall be kept in a designated location.</P> <P>(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of six (6) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, ADP diskettes, etc., depending on the record retention procedures of the manufacturer; <E T="03">Provided,</E> That in every case all the information contained in the hard copy shall be retained.</P> <P>(b) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards prescribed in this subpart shall submit to the Administrator at the time of issuance by the manufacturer copies of <PRTPAGE P="116"/>all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such vehicle (or engine) relevant to the control of crankcase, exhaust or evaporative emissions, as applicable, issued by the manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers, <E T="03">Provided,</E> That any material not translated into the English language need not be submitted unless specifically requested by the Administrator.</P> <P>(c)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any new vehicle or engine that is certified under averaging, trading, or banking programs (as applicable) shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle or heavy-duty engine produced:</P> <P>(i) EPA engine family.</P> <P>(ii) Vehicle (or engine) identification number.</P> <P>(iii) Vehicle (or engine) model year and build date.</P> <P>(iv) BHP rating (heavy-duty engines only).</P> <P>(v) Purchaser and destination.</P> <P>(vi) Assembly plant.</P> <P>(2) The manufacturer (or contractor for the manufacturer, if applicable) of any new vehicle or engine family that is certified under averaging, trading, or banking programs (as applicable) shall establish, maintain, and retain the following adequately organized and indexed records for each such family:</P> <P>(i) EPA engine family.</P> <P>(ii) FEL.</P> <P>(iii) BHP conversion factor and the transient test BHP for each configuration tested (heavy-duty engines only).</P> <P>(iv) Useful life.</P> <P>(v) Projected U.S. production volume for the model year.</P> <P>(vi) Actual U.S. production volume for the model year.</P> <P>(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of six years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure; <E T="03">Provided,</E> That in every case all the information contained in the hard copy is retained.</P> <P>(4) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.</P> <P>(5) Pursuant to a request made by the Administrator, the manufacturer shall submit to him the information that is required to be retained.</P> <P>(6) EPA may void <E T="03">ab initio</E> a certificate of conformity for a vehicle or engine family for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.</P> <P>(7) Any engine family using NCPs must comply with the provisions established in the NCP program provided by 40 CFR part 86, subpart L.</P> <P>(8) Any manufacturer, producing an engine family participating in trading using reserved credits, shall maintain the following records on a quarterly basis for each engine family in the trading subclass:</P> <P>(i) The engine family,</P> <P>(ii) The averaging set,</P> <P>(iii) The actual quarterly and cumulative U.S. production volumes,</P> <P>(iv) The value required to calculate credits as given in § 86.091-15,</P> <P>(v) The resulting type [NO<E T="52">X</E> or particulate] and number of credits generated/required,</P> <P>(vi) How and where credit surpluses are dispersed, and</P> <P>(vii) How and through what means credit deficits are met.</P> <P>(d)(1) Any manufacturer who has applied for certification of a new motor vehicle (or new motor vehicle engine) subject to certification test under this subpart shall admit or cause to be admitted any EPA Enforcement Officer or any EPA authorized representative during operating hours on presentation of credentials to any of the following:</P> <P>(i) Any facility where any such tests or any procedures or activities connected with such test are or were performed.</P> <P>(ii) Any facility where any new motor vehicle (or new motor vehicle engine) which is being, was, or is to be tested is present.<PRTPAGE P="117"/> </P> <P>(iii) Any facility where any construction process or assembly process used in the modification or build up of such a vehicle (or engine) into a certification vehicle (or certification engine) is taking place or has taken place.</P> <P>(iv) Any facility where any record or other document relating to any of the above is located.</P> <P>(v) Any facility where any record or other document relating to the information specified in paragraph (c) of this section is located.</P> <P>(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:</P> <P>(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;</P> <P>(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in paragraph (c) of this section; and</P> <P>(iii) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.</P> <P>(3) In order to allow the Administrator to determine whether or not production motor vehicles (or production motor vehicle engines) conform to the conditions upon which a certificate of conformity has been issued, or conform in all material respects to the design specifications which applied to those vehicles (or engines) described in the application for certification for which a certificate of conformity has been issued to standards prescribed under section 202 of the Act, any manufacturer shall admit any EPA Enforcement Officer or any EPA authorized representative on presentation of credentials to both:</P> <P>(i) Any facility where any document, design, or procedure relating to the translation of the design and construction of engines and emission related components described in the application for certification or used for certification testing into production vehicles (or production engines) is located or carried on;</P> <P>(ii) Any facility where any motor vehicles (or motor vehicle engines) to be introduced into commerce are manufactured or assembled; and</P> <P>(iii) Any facility where records specified in paragraph (c) of this section are located.</P> <P>(4) On admission to any such facility referred to in paragraph (d)(4) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:</P> <P>(i) To inspect and monitor any aspects of such manufacture or assembly and other procedures;</P> <P>(ii) To inspect and make copies of any such records, documents or designs;</P> <P>(iii) To inspect and photograph any part or aspect of any such new motor vehicles (or new motor vehicle engines) and any component used in the assembly thereof that are reasonably related to the purpose of his entry; and</P> <P>(iv) To inspect and make copies of any records and documents specified in paragraph (c) of this section.</P> <P>(5) Any EPA Enforcement Officer or EPA authorized representative shall be furnished by those in charge of a facility being inspected with such reasonable assistance as he may request to help him discharge any function listed in this paragraph. Each applicant for or recipient of certification is required to cause those in charge of a facility operated for its benefit to furnish such reasonable assistance without charge to EPA whether or not the applicant controls the facility.</P> <P>(6) The duty to admit or cause to be admitted any EPA Enforcement Officer or EPA authorized representative applies whether or not the applicant owns or controls the facility in question and applies both to domestic and to foreign manufacturers and facilities. EPA will not attempt to make any inspections which it has been informed that local law forbids. However, if local law makes it impossible to do what is necessary to insure the accuracy of data generated at a facility, no informed judgment that a vehicle or engine is <PRTPAGE P="118"/>certifiable or is covered by a certificate can properly be based on those data. It is the responsibility of the manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not arise.</P> <P>(7) For purposes of this paragraph:</P> <P>(i) <E T="03">Presentation of credentials</E> shall mean display of the document designating a person as an EPA Enforcement Officer or EPA authorized representative.</P> <P>(ii) Where vehicle, component, or engine storage areas or facilities are concerned, <E T="03">operating hours</E> shall mean all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.</P> <P>(iii) Where facilities or areas other than those covered by paragraph (d)(7)(ii) of this section are concerned, <E T="03">operating hours</E> shall mean all times during which an assembly line is in operation or all times during which testing, maintenance, mileage (or service) accumulation, production or compilation of records, or any other procedure or activity related to certification testing, to translation of designs from the test stage to the production stage, or to vehicle (or engine) manufacture or assembly is being carried out in a facility.</P> <P>(iv) <E T="03">Reasonable assistance</E> includes, but is not limited to, clerical, copying, interpretation and translation services, the making available on request of personnel of the facility being inspected during their working hours to inform the EPA Enforcement Officer or EPA authorized representative of how the facility operates and to answer his questions, and the performance on request of emissions tests on any vehicle (or engine) which is being, has been, or will be used for certification testing. Such tests shall be nondestructive, but may require appropriate mileage (or service) accumulation. A manufacturer may be compelled to cause the personal appearance of any employee at such a facility before an EPA Enforcement Officer or EPA authorized representative by written request for his appearance, signed by the Assistant Administrator for Air and Radiation, served on the manufacturer. Any such employee who has been instructed by the manufacturer to appear will be entitled to be accompanied, represented, and advised by counsel.</P> <P>(v) Any entry without 24 hour prior written or oral notification to the affected manufacturer shall be authorized in writing by the Assistant Administrator for Air and Radiation.</P> <P>(8) EPA may void <E T="03">ab initio</E> a certificate of conformity for vehicle or engine families introduced into commerce if the manufacturer (or contractor for the manufacturer, if applicable) fails to comply with any provision of this section.</P> <P>(e) EPA Enforcement Officers or EPA authorized representatives are authorized to seek a warrant or court order authorizing the EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section, as appropriate, to execute the functions specified in this section. EPA Enforcement Officers or EPA authorized representatives may proceed ex parte to obtain a warrant whether or not the Enforcement Officers first attempted to seek permission of the manufacturer or the party in charge of the facilities in question to conduct activities related to entry and access as authorized in this section.</P> <P>(f) A manufacturer shall permit EPA Enforcement Officers or EPA authorized representatives who present a warrant or court order as described in paragraph (e) of this section to conduct activities related to entry and access as authorized in this section and as described in the warrant or court order. The manufacturer shall cause those in charge of its facility or facility operated for its benefit to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section pursuant to a warrant or court order whether or not the manufacturer controls the facility. In the absence of such a warrant or court order, EPA Enforcement Officers or EPA authorized representatives may conduct activities related to entry and access as authorized in this section only upon the consent of the manufacturer or the party in charge of the facilities in question.<PRTPAGE P="119"/> </P> <P>(g) It is not a violation of this part or the Clean Air Act for any person to refuse to permit EPA Enforcement Officers or EPA authorized representatives to conduct activities related to entry and access as authorized in this section without a warrant or court order.</P> <CITA>[55 FR 30619, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-9</SECTNO> <SUBJECT>Emission standards for 1991 and later model year light-duty trucks.</SUBJECT> <P>(a)(1) The standards set forth in paragraphs (a) through (c) of this section shall apply to light-duty trucks sold for principal use at other than a designated high-altitude location. Exhaust emissions from 1991 and later model year light-duty trucks shall not exceed:</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled Otto-cycle and diesel light-duty trucks).</E> 0.80 gram per vehicle mile (0.50 gram per vehicle kilometer).</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel light-duty trucks).</E> 0.80 gram per vehicle mile (0.50 gram per vehicle kilometer).</P> <P>(ii) <E T="03">Carbon monoxide.</E> </P> <P>(A) 10 grams per vehicle mile (6.2 grams per vehicle kilometer).</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light-duty trucks only).</P> <P>(iii) <E T="03">Oxides of nitrogen.</E> </P> <P>(A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile (0.75 gram per vehicle kilometer).</P> <P>(B) For light-duty trucks greater loaded vehicle weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).</P> <P>(C) A manufacturer may elect to include any light-duty truck engine families in the NO<E T="52">X</E> averaging program, provided that it does not elect to pay an NCP for noncompliance with any emission standard applicable to that light-duty truck family. Trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas. Petroleum-fueled and methanol-fueled engine families may not be averaged together. Otto-cycle and diesel engine families may not be averaged together. If the manufacturer elects to participate in the NO<E T="52">X</E> averaging program, individual family NO<E T="52">X</E> emission limits may not exceed 2.3 grams per mile. If the manufacturer elects to average together NO<E T="52">X</E> emissions of light-duty trucks subject to the standards of paragraphs (a)(1)(iii)(A) and (a)(1)(iii)(B) of this section, its composite NO<E T="52">X</E> standard applies to the combined fleets of light-duty trucks up to and including, and over, 3750 lbs loaded vehicle weight included in the average, and is calculated as defined in § 86.088-2.</P> <P>(iv) <E T="03">Particulate (for diesel light-duty trucks only).</E> </P> <P>(A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle kilometer).</P> <P>(B) For light-duty trucks 3,751 lbs and greater loaded vehicle weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).</P> <P>(C) A manufacturer may elect to include any diesel light-duty truck engine families in the appropriate particulate averaging program (petroleum and methanol), provided that it does not elect to pay an NCP for noncompliance with any emission standard applicable to that light-duty truck family. Trucks produced for sale in California or in designated high-altitude areas may be averaged only within each of those areas, and light-duty trucks subject to the standard of paragraph (a)(1)(iv)(B) of this section may be averaged only with other light-duty trucks subject to the standard of paragraph (a)(1)(iv)(B) of this section. Averaging is not permitted between fuel types. If the manufacturer elects to average both light-duty trucks subject to the standards of paragraphs (a)(1)(iv)(A) of this section and light-duty vehicles together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks that are included in the average and is calculated as defined in § 86.088-2.</P> <P>(2) The standards set forth in paragraphs (a)(1)(i), (a)(1)(ii)(A), (a)(1)(iii), and (a)(1)(iv) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in <PRTPAGE P="120"/>accordance with those procedures. The standard set forth in paragraph (a)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.</P> <P>(b) Fuel evaporative emissions from 1991 and later model year light-duty trucks shall not exceed (compliance with these standards is optional for 1991 model year methanol-fueled vehicles):</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled light-duty trucks).</E> 2.0 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks).</E> 2.0 grams per test.</P> <P>(3) The standards set forth in paragraphs (b) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1991 and later model year light-duty truck.</P> <P>(d)(1) Model year 1991 and later light-duty trucks sold for principal use at a designated high-altitude location shall be capable of meeting the following exhaust emission standards when tested under high-altitude conditions:</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled Otto-cycle and diesel light-duty trucks).</E> 1.0 grams per vehicle mile (0.62 grams per vehicle kilometer).</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and diesel light-duty trucks).</E> 1.0 gram per vehicle mile (0.62 gram per vehicle kilometer).</P> <P>(ii) <E T="03">Carbon Monoxide.</E> (A) 14 grams per vehicle mile (8.7 grams per vehicle kilometer).</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle and methanol-fueled diesel light duty trucks only).</P> <P>(iii) <E T="03">Oxides of Nitrogen.</E> (A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 1.2 grams per vehicle mile (0.75 grams per vehicle kilometer).</P> <P>(B) For light-duty trucks 3,751 lbs and greater loaded vehicle weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).</P> <P>(iv) <E T="03">Particulate (for diesel light-duty trucks only).</E> (A) For light-duty trucks up to and including 3,750 lbs loaded vehicle weight, 0.26 gram per vehicle mile (0.16 gram per vehicle kilometer).</P> <P>(B) For light-duty trucks 3,751 lbs and greater loaded vehicle weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).</P> <P>(2) The standards set forth in paragraphs (d)(1)(i), (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The standard set forth in paragraph (d)(1)(ii)(B) of this section refers to the exhaust emitted at curb idle and measured and calculated in accordance with the procedures set forth in subpart P of this part.</P> <P>(e) Fuel evaporative emissions from 1991 and later model year light-duty trucks sold for principal use at a designated high-altitude location, when tested under high-altitude conditions, shall not exceed:</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled light-duty trucks).</E> 2.6 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled light-duty trucks).</E> 2.6 grams per test.</P> <P>(3) The standards set forth in paragraphs (e) (1) and (2) of this section refer to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(f) No crankcase emissions shall be discharged into the ambient atmosphere from any 1991 and later model year light-duty trucks sold for principal use at a designated high-altitude location.</P> <P>(g)(1) Any light-duty truck that a manufacturer wishes to certify for sale at low altitude must be capable of meeting high-altitude emission standards (specified in paragraphs (d) through (f) of this section). The manufacturer may specify vehicle adjustments or modifications to allow the vehicle to meet high-altitude standards but these adjustments or modifications may not alter the vehicle's basic engine, inertia weight class, transmission configuration, and axle ratio.<PRTPAGE P="121"/> </P> <P>(i) A manufacturer may certify unique configurations to meet the high-altitude standards but is not required to certify these vehicle configurations to meet the low-altitude standards.</P> <P>(ii) Any adjustments or modifications that are recommended to be performed on vehicles to satisfy the requirements of paragraph (g)(1) of this section:</P> <P>(A) Shall be capable of being effectively performed by commercial repair facilities, and</P> <P>(B) Must be included in the manufacturer's application for certification.</P> <P>(2) The manufacturer may exempt 1991 and later model year vehicles from compliance with the high-altitude emission standards set forth in paragraphs (d) and (e) of this section if the vehicles are not intended for sale at high altitude and if the following requirements are met. A vehicle configuration shall only be considered eligible for exemption if the requirements of either paragraph (g)(2) (i), (ii), (iii), or (iv) of this section are met.</P> <P>(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:</P> <P>(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle configurations it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the gross vehicle weight (GVW) expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.</P> <P>(B) The product line is then defined by the equation, N/V = C(D/W)<E T="51">−0.9</E> where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.</P> <P>(C) The exemption line is then defined by the equation, N/V = C(0.84 D/W)<E T="51">−0.9</E> where the constant, C, is the same as that found in paragraph (g)(2)(i)(B) of this section.</P> <P>(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.</P> <P>(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (g)(2)(i) of this section and by using the product line N/V = C(hp/W)<E T="51">−0.9</E>.</P> <P>(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, or any subsequent version of that test procedure. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.</P> <P>(B) No exemptions will be allowed under paragraph (g)(2)(ii) of this section to any manufacturer that has exempted vehicle configurations as set forth in paragraph (g)(2)(i) of this section.</P> <P>(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:</P> <P>(A) The manufacturer shall list the vehicle configuration and acceleration time under low-altitude conditions of that vehicle configuration which has the highest acceleration time under low-altitude conditions of all the vehicle configurations it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.<PRTPAGE P="122"/> </P> <P>(B) The manufacturer shall then list the vehicle configurations and acceleration times under high-altitude conditions of all those vehicles configurations which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (g)(2)(iii)(A) of this section.</P> <P>(iv) In lieu of performing the test procedure of paragraph (g)(2)(iii) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (g)(2)(iii) of this section.</P> <P>(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (g)(2) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.</P> <CITA>[53 FR 43876, Oct. 31, 1988, as amended at 54 FR 14612, Apr. 11, 1989; 55 FR 46627, Nov. 5, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-10</SECTNO> <SUBJECT>Emission standards for 1991 and later model year Otto-cycle heavy-duty engines and vehicles.</SUBJECT> <P>(a)(1) Exhaust emissions from new 1991 and later model year Otto-cycle heavy-duty engines shall not exceed (compliance with these standards is optional through the 1996 model year natural gas- and liquefied petroleum gas-fueled heavy-duty engines):</P> <P>(i) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use in all vehicles except as provided in paragraph (a)(3) of this paragraph.</P> <P>(A) <E T="03">Hydrocarbons.</E> 1.1 grams per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology.</E> 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> (<E T="03">1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle heavy duty engine families in any or all of the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading, or banking programs.</P> <P>(<E T="03">3</E>) A manufacturer may elect to include any or all of its liquefied petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(ii) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.</P> <P>(A) <E T="03">Hydrocarbons.</E> 1.9 grams per brake horsepower-hour (0.71 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon Monoxide.</E> (<E T="03">1</E>) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology.</E> 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> (<E T="03">1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, <PRTPAGE P="123"/>trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(<E T="03">3</E>) A manufacturer may elect to include any or all of its liquefied petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(iii) For <E T="03">methanol-fueled Otto-cycle heavy-duty engines</E> intended for use in all vehicles, except as provided in paragraph (a)(3) of this section.</P> <P>(A) <E T="03">Total Hydrocarbon Equivalent.</E> 1.1 gram per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> (<E T="03">1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its methanol-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(iv) For <E T="03">methanol-fueled Otto-cycle heavy-duty engines</E> intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.</P> <P>(A) <E T="03">Total Hydrocarbon Equivalent.</E> 1.9 grams per brake horsepower-hour (0.71 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> (<E T="03">1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its methanol-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(v) For natural gas-fueled Otto-cycle heavy-duty engines intended for use in all vehicles except as provided in paragraph (a)(3) of this section.</P> <P>(A) <E T="03">Nonmethane hydrocarbons.</E> 0.9 gram per brake horsepower-hour (0.33 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">For natural gas-fueled Otto-cycle heavy-duty engines utilizing aftertreatment technology.</E> 0.50 percent of exhaust flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen.</E> (<E T="03">1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its natural gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading or banking programs for <PRTPAGE P="124"/>heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(vi) For natural gas-fueled Otto-cycle engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs.</P> <P>(A) <E T="03">Nonmethane hydrocarbons.</E> 1.7 grams per brake horsepower-hour (0.63 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Carbon monoxide.</E> (<E T="03">1</E>) 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) <E T="03">For natural gas-fueled Otto-cycle heavy-duty engines utilizing aftertreatment technology.</E> 0.50 percent of exhaust gas flow at curb idle.</P> <P>(C) <E T="03">Oxides of nitrogen. (1</E>) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(<E T="03">2</E>) A manufacturer may elect to include any or all of its natural gas-fueled Otto-cycle heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over the operating schedule set forth in paragraph (f)(1) of appendix I to this part, and measured and calculated in accordance with the procedures set forth in subpart N or P.</P> <P>(3)(i) A manufacturer may certify one or more Otto-cycle heavy-duty engine configurations intended for use in all vehicles to the emission standards set forth in paragraphs (a)(1)(ii), (a)(1)(iv) or (a)(1)(vi) of this section: <E T="03">Provided,</E> that the total model year sales of such configuration(s), segregated by fuel type, being certified to the emission standards in paragraph (a)(1)(ii) of this section represent no more than five percent of total model year sales of each fuel type Otto-cycle heavy-duty engine intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.</P> <P>(ii) The configurations certified to the emission standards of paragraphs (a)(1) (ii), (iv) and (vi) of this section under the provisions of paragraph (a)(3)(i) of this section shall still be required to meet the evaporative emission standards set forth in paragraphs (b)(1)(i), (b)(2)(i) and (b)(3)(i) of this section.</P> <P>(b) <E T="03">Evaporative emissions</E> from 1991 and later model year heavy-duty vehicles shall not exceed:</P> <P>(1) <E T="03">Hydrocarbons (for vehicles equipped with gasoline-fueled engines).</E> (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs, 3.0 grams per test.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for vehicles equipped with methanol-fueled engines).</E> </P> <P>(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs, 3.0 grams per test.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.</P> <P>(3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M and measured in accordance with those procedures.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and (b)(2)(ii) of this section refer to the manufacturer's engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1991 or later model year Otto-cycle heavy-duty engine.<PRTPAGE P="125"/> </P> <P>(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart N or P of this part to ascertain that such test engines meet the requirements of paragraphs (a) and (c) of this section. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10652, Mar. 15, 1985, as amended at 54 FR 14464, Apr. 11, 1989; 55 FR 30622, July 26, 1990; 59 FR 48492, Sept. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-11</SECTNO> <SUBJECT>Emission standards for 1991 and later model year diesel heavy-duty engines.</SUBJECT> <P>(a)(1) Exhaust emissions from new 1991 and later model year diesel heavy-duty engines shall not exceed the following:</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled diesel engines).</E> 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled diesel engines).</E> 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions.</P> <P>(ii) <E T="03">Carbon monoxide.</E> (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule), as measured under transient operating conditions.</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (methanol-fueled diesel only).</P> <P>(iii) <E T="03">Oxides of nitrogen.</E> (A) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(B) A manufacturer may elect to include any or all of its diesel heavy-duty engine families in any or all of the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(iv) <E T="03">Particulate</E> (A) For all diesel engines, including those to be used in urban buses, 0.25 gram per brake horsepower-hour (0.093 gram per megajoule) as measured under transient operating conditions.</P> <P>(B) [Reserved]</P> <P>(C) A manufacturer may elect to include any or all of its diesel heavy-duty engine families in any or all of the particulate averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of these programs, the particulate FELs may not exceed 0.60 gram per brake horsepower-hour (0.22 gram per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over operating schedules as set forth in paragraph (f)(2) of appendix I of this part, and measured and calculated in accordance with the procedures set forth in subpart N of this part, except as noted in § 86.091-23(c)(2) (i) and (iii).</P> <P>(b)(1) The opacity of smoke emission from new 1991 and later model year diesel heavy-duty engines shall not exceed:</P> <P>(i) 20 percent during the engine acceleration mode.</P> <P>(ii) 15 percent during the engine lugging mode.</P> <P>(iii) 50 percent during the peaks in either mode.</P> <P>(2) The standards set forth in paragraph (b)(1) of this section refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.</P> <P>(3) <E T="03">Evaporative emissions</E> (total of non-oxygenated hydrocarbons plus methanol) from 1991 and later model year heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed:</P> <P>(i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs, 3.0 grams per test.<PRTPAGE P="126"/> </P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs, 4.0 grams per test.</P> <P>(4)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs, the standards set forth in paragraph (b)(3) of this section refer to a composite sample of evaporative emissions collected under the conditions set forth in subpart M and measured in accordance with those procedures.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs, the standard set forth in paragraph (b)(3)(ii) of this section refers to the manufacturers' engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1991 or later model year methanol-fueled diesel, or any naturally-aspirated diesel heavy-duty engine. For petroleum fueled engines only, this provision does not apply to engines using turbochargers, pumps, blowers, or superchargers for air induction.</P> <P>(d) Every manufacturer of new motor vehicle engines subject to the standards prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines meet the requirements of paragraphs (a), (b), and (c) and (d) of this section. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10653, Mar. 15, 1985, as amended at 54 FR 14465, Apr. 11, 1989; 55 FR 30622, July 26, 1990; 56 FR 64711, Dec. 12, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <P>(a)(1) Heavy-duty engines eligible for the NO<E T="52">X</E> and particulate averaging, trading, and banking programs are described in the applicable emission standards sections in this subpart. Participation in these programs is voluntary.</P> <P>(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.</P> <P>(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.</P> <P>(iii) Engine families within a given averaging set may not both generate and use like emission credits in the same model year. This restriction is to be applied on a pollutant-specific basis.</P> <P>(b) Participation in the NO<E T="52">X</E> and/or particulate averaging, trading, and banking programs shall be done as follows.</P> <P>(1) During certification, the manufacturer shall:</P> <P>(i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant (<E T="03">i.e.,</E> NO<E T="52">X</E> and particulate).</P> <P>(ii) Declare an FEL for each engine family participating in one or more of these three programs.</P> <P>(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower for NO<E T="52">X</E> emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions).</P> <P>(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO<E T="52">X</E> and particulate emission standards.</P> <P>(iii) Calculate the projected emission credits ( = / − ) based on quarterly production projections for each participating family and for each pollutant (NO<E T="52">X</E> and particulate), using the equation in paragraph (c) of this section <PRTPAGE P="127"/>and the applicable factors for the specific engine family.</P> <P>(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.</P> <P>(B) State where the quarterly projected credits will be applied for engine families generating credits.</P> <P>(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraphs (d) and (e) of this section. Credits available for averaging, trading, or banking as defined in § 86.090-2, may be applied to a given engine famil(y) (ies), or reserved as defined in § 86.091-2.</P> <P>(2) Based on this information each manufacturer's certification application must demonstrate:</P> <P>(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.</P> <P>(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.</P> <P>(3) During the model year manufacturers must:</P> <P>(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.</P> <P>(ii) Provide the end of-model year reports required under § 86.091-23.</P> <P>(iii) Maintain the quarterly records required under § 86.091-7(c)(8).</P> <P>(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other verification steps deemed appropriate by the Administrator.</P> <P>(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of actual NO<E T="52">X</E> and/or particulate emission credits will violate the conditions of the certificate of conformity. The certificates of conformity may be voided <E T="03">ab initio</E> for those engine families.</P> <P>(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative credit balances may be adjusted by EPA.</P> <P>(i) If EPA review of a manufacturer's end-of-year report indicates an inadvertent credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, at the ratio of 1.2 credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the engine family in question to zero, EPA may void the certificate for that engine family <E T="03">ab initio.</E> </P> <P>(ii) If within 90 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (<E T="03">i.e.,</E> resulting in a positive credit balance) or if the manufacturer discovers such an error within 90 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer.</P> <P>(c)(1) For each participating engine family, NO<E T="52">X</E> and particulate emission credits (positive or negative) are to be calculated according to one of the following equations and rounded, in accordance with ASTM E29-67, to the nearest one-tenth of a Megagram (Mg). Consistent units are to be used throughout the equation.</P> <P>For determining credit need for all engine families and credit availability <PRTPAGE P="128"/>for engine families generating credits for averaging programs only: </P> <EXTRACT> <FP SOURCE="FP-2">Emission credits=(Std−FEL)×(CF)×(UL)×- (Production)×(10<E T="51">−6</E>)</FP> </EXTRACT> <P>For determining credit availability for engine families generating credits for trading or banking programs: </P> <EXTRACT> <FP SOURCE="FP-2">Emission credits=(Std−FEL)×(CF)×(UL)×- (Production)×(10<E T="51">−6</E>)×(0.8)</FP> <FP>Where:</FP> <FP SOURCE="FP-2">Std=the current and applicable heavy-duty engine NO<E T="52">X</E> or particulate emission standard in grams per brake horsepower hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">FEL=the NO<E T="52">X</E> or particulate family emission limit for the engine family in grams per brake horsepower-hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">CF=a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given in paragraph (c)(2) of this section.</FP> <FP SOURCE="FP-2">UL=the useful life, or alternative life as described in paragraph (f) of § 86.090-21, for the given engine family in miles.</FP> <FP SOURCE="FP-2">Production=the number of engines produced for U.S. sales within the given engine family during the model year. Quarterly production projections are used for initial certification. Actual production is used for end-of-year compliance determination.</FP> <FP SOURCE="FP-2">0.8=a one-time discount applied to all credits to be banked or traded within the model year generated. Banked credits traded in a subsequent model year will not be subject to an additional discount. Banked credits used in a subsequent model year's averaging program will not have the discount restored.</FP> </EXTRACT> <P>(2) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles. When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon the configuration generating the highest conversion factor when determining credit need and the lowest conversion factor when determining credit availability for banking, trading or averaging.</P> <P>(d) <E T="03">Averaging sets for NO</E> <E T="52">X</E> <E T="03">emission credits:</E> The averaging and trading of NO<E T="52">X</E> emission credits will only be allowed between heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of NO<E T="52">X</E> emission credits for heavy-duty engines are defined as follows:</P> <P>(1) For Otto-cycle heavy-duty engines:</P> <P>(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.</P> <P>(ii) Gasoline-fueled heavy-duty vehicles certified under the provisions of § 86.085-1(b) may not average or trade credits with gasoline-fueled heavy-duty Otto-cycle engines, but may average or trade credits with light-duty trucks.</P> <P>(2) For diesel cycle heavy-duty engines:</P> <P>(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading among all diesel cycle engine families within the same primary service class is allowed.</P> <P>(ii) Urban buses are treated as members of the primary intended service class where they would otherwise fall.</P> <P>(e) <E T="03">Averaging sets for particulate emission credits.</E> The averaging and trading of particulate emission credits will only be allowed between diesel cycle heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of particulate emission credits for diesel cycle heavy-duty engines are defined as follows:</P> <P>(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading among all diesel cycle bus engine families is allowed.<PRTPAGE P="129"/> </P> <P>(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading between diesel cycle engine families within the same primary service class is allowed.</P> <P>(3) Otto-cycle engines may not participate in particulate averaging, trading, or banking.</P> <P>(f) Banking of NO<E T="52">X</E> and particulate emission credits:</P> <P>(1) <E T="03">Credit deposits.</E> (i) Under this phase of the banking program, emission credits may be banked from engine families produced during the three model years prior to the effective model year of the new HDE NO<E T="52">X</E> or particulate emission standard. Credits may not be banked from engine families made during any other model years.</P> <P>(ii) Manufacturers may bank credits only after the end of the model year and after EPA has reviewed their end-of-year report. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging.</P> <P>(2) <E T="03">Credit withdrawals.</E> (i) After being generated, banked/reserved credits shall be available for use three model years prior to, through three model years immediately after the effective date of the new HDE NO<E T="52">X</E> or particulate emission standard, as applicable. However, credits not used within the period specified above shall be forfeited.</P> <P>(ii) Manufacturers withdrawing banked emission credits shall indicate so during certification and in their credit reports, as described in § 86.091-23.</P> <P>(3) <E T="03">Use of banked emission credits.</E> The use of banked credits shall be within the averaging set and other restrictions described in paragraphs (d) and (e) of this section, and only for the following purposes:</P> <P>(i) Banked credits may be used in averaging, trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but unreviewed by EPA may also be used. However, they may be revoked at a later time following EPA review of the end-of-year report or any subsequent audit actions.</P> <P>(ii) Banked credits may not be used for NO<E T="52">X</E> or particulate averaging and trading to offset emissions that exceed an FEL. Banked credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, banked credits may be used for subsequent production of the engine family if the manufacturer elects to recertify to a higher FEL.</P> <P>(g)(1) The following paragraphs assume NO<E T="52">X</E> and particulate nonconformance penalties (NCPs) will be available for the 1991 and later model year HDEs.</P> <P>(2) Engine families paying an NCP for noncompliance of any emission standard <E T="03">may not:</E> </P> <P>(i) Participate in the averaging program,</P> <P>(ii) Generate emission credits for any pollutant under banking and trading, and</P> <P>(iii) Use emission credits for any pollutant from banking and trading.</P> <P>(3) If a manufacturer has any engine family to which application of NCPs <E T="03">and</E> averaging, banking, and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only, while the other, whose FEL does not equal the standard, must use emission credits only.</P> <P>(4) If a manufacturer has any engine family in a given averaging set which is using NO<E T="52">X</E> and/or particulate NCPs, none of that manufacturer's engine families in that averaging set may generate credits for banking and trading.</P> <P>(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.</P> <P>(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel <PRTPAGE P="130"/>is readily available commercially and would be used in customer service.</P> <CITA>[55 FR 30622, July 26, 1990, as amended at 55 FR 46628, Nov. 5, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-21</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>(a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment.</P> <P>(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:</P> <P>(1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system and fuel system components. This shall include a detailed description of each auxiliary emission control device (AECD) to be installed in or on any certification test vehicle (or certification test engine).</P> <P>(ii)(A) The manufacturer shall provide to the Administrator in the application for certification:</P> <P>(<E T="03">1</E>) A list of those parameters which are physically capable of being adjusted (including those adjustable parameters for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions;</P> <P>(<E T="03">2</E>) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable range;</P> <P>(<E T="03">3</E>) A description of the limits or stops used to establish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment;</P> <P>(<E T="03">4</E>) The nominal or recommended setting, and the associated production tolerances, for each such parameter.</P> <P>(B) The manufacturer may provide, in the application for certification, information relating to why certain parameters are not expected to be adjusted in actual use and to why the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are effective in preventing adjustment of parameters on in-use vehicles to settings outside the manufacturer's intended physically adjustable ranges. This may include results of any tests to determine the difficulty of gaining access to an adjustment or exceeding a limit as intended or recommended by the manufacturer.</P> <P>(C) The Administrator may require to be provided detailed drawings and descriptions of the various emission related components, and/or hardware samples of such components, for the purpose of making his determination of which vehicle or engine parameter will be subject to adjustment for new certification and Selective Enforcement Audit testing and of the physically adjustable range for each such vehicle or engine parameter.</P> <P>(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested. The sales data shall also include the altitude of intended sale for light-duty trucks.</P> <P>(3) A description of the test equipment and fuel proposed to be used.</P> <P>(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission deterioration factors required to be determined and supplied in § 86.091-23(b)(2).</P> <P>(ii) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, the Administrator does not assume that each evaporative emission family-evaporative emission control system combination will deteriorate in a unique manner during the useful life of the vehicle. The manufacturer shall therefore identify those evaporative emission deterioration factors which shall be applied to the various evaporative emission family-evaporative emission control system combinations which are expected to exhibit similar deterioration characteristics during the useful life of the vehicle.<PRTPAGE P="131"/> </P> <P>(5)(i)(A) A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors required to be determined and supplied in § 86.091-23(b)(1).</P> <P>(B) A statement of the useful life of each light-duty truck engine family or heavy-duty engine family.</P> <P>(C) For engine families provided an alternative useful-life period under paragraph (f) of this section, a statement of that alternative period and a brief synopsis of the justification.</P> <P>(ii) For heavy-duty diesel engine families, a statement of the primary intended service class (light, medium, or heavy) and an explanation as to why that service class was selected. Each diesel engine family shall be certified under one primary intended service class only. After reviewing the guidance in § 86.090-2, the class shall be determined on the basis of which class best represents the majority of the sales of that engine family.</P> <P>(iii)(A) For each light-duty truck engine family and each heavy-duty engine family, a statement of recommended maintenance and procedures necessary to assure that the vehicles (or engines) covered by a certificate of conformity in operation conform to the regulations, and a description of the program for training of personnel for such maintenance, and the equipment required.</P> <P>(B) A description of vehicle adjustments or modifications necessary, if any, to assure that light-duty vehicles and light-duty trucks covered by a certificate of conformity conform to the regulations while being operated at any altitude locations, and a statement of the altitude at which the adjustments or modifications apply.</P> <P>(iv) At the option of the manufacturer, the proposed composition of the emission-data test fleet or (where applicable) the durability-data test fleet.</P> <P>(6)(i)(A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks, the application must list the particulate FEL and the projected U.S. (49-state) production volume, by quarter, of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family particulate emission limits, accurate to one-hundredth of a gram per mile.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in § 86.090-2 and § 86.091-28(b)(5)(i).</P> <P>(ii)(A) If the manufacturer elects to participate in the NO<E T="52">X</E> averaging program for light-duty trucks, the application must list the NO<E T="52">X</E> FEL and the projected U.S. (49-state) production volume, by quarter, of the family for the model year.</P> <P>(B) The manufacturer shall choose the level of the family NO<E T="52">X</E> emission limits, accurate to one-tenth of a gram per mile.</P> <P>(C) The manufacturer may at any time during production elect to change the level of any family NO<E T="52">X</E> emission limit(s) by submitting the new limits to the Administrator and by demonstrating compliance with the limit(s) as described in § 86.088-2 and 86.091-28(b)(5)(ii).</P> <P>(iii) If the manufacturer elects to participate in any of the particulate and/or the NO<E T="52">X</E> averaging, trading, or banking programs for heavy-duty engines, the application must list the information required in § 86.091-15 and § 86.091-23.</P> <P>(7)(i) For Otto-cycle heavy-duty engines, the application must state whether the engine family is being certified for use in all vehicles regardless of their Gross Vehicle Weight Rating (see § 86.091-10 (a)(1)(i) and (a)(3)(i)), or, only for use in vehicles with a Gross Vehicle Weight Rating greater than 14,000 pounds.</P> <P>(ii) If the engine family is being certified for use in all vehicles and, is being certified to the emission standards applicable to Otto-cycle engines for use only in vehicles with a Gross Vehicle Weight Rating over 14,000 pounds under the provisions of paragraph (a)(3) of § 86.091-10, then the application must also attest that the engine family, together with all other engine families being certified under the provisions of paragraph (a)(3) of <PRTPAGE P="132"/>§ 86.091-10, represent no more than 5 percent of model year sales of the manufacturer of all Otto-cycle heavy-duty engines for use in vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.</P> <P>(c) Complete copies of the application and of any amendments thereto, and all notifications under § 86.079-32, § 86.079-33, and § 86.082-34 shall be submitted in such multiple copies as the Administrator may require.</P> <P>(d) Incomplete light-duty trucks shall have a maximum completed curb weight and maximum completed frontal area specified by the manufacturer.</P> <P>(e) For vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines, the manufacturer shall specify a maximum nominal fuel tank capacity for each evaporative emission family-evaporative emission control system combination.</P> <P>(f) Light-duty truck and heavy-duty engine manufacturers who believe that the useful life periods of § 86.090-2 are significantly unrepresentative for one or more engine families (either too long or too short), may petition the Administrator to provide an alternative useful-life period. This petition must include the full rationale behind the request together with any supporting data and other evidence. Based on this or other information the Administrator may assign an alternative useful-life period. Any petition should be submitted in a timely manner, to allow adequate time for a thorough evaluation. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10655, Mar. 15, 1985, as amended at 52 FR 47867, Dec. 16, 1987; 54 FR 14469, Apr. 11, 1989; 55 FR 30625, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <P>(a) The manufacturer shall perform the tests required by the applicable test procedures, and submit to the Administrator the following information: <E T="03">Provided, however,</E> That if requested by the manufacturer, the Administrator may waive any requirement of this section for testing of vehicle (or engine) for which emission data are available or will be made available under the provisions of § 86.091-29.</P> <P>(b)(1)(i) Exhaust emission durability data on such light-duty vehicles tested in accordance with applicable test procedures and in such numbers as specified, which will show the performance of the systems installed on or incorporated in the vehicle for extended mileage, as well as a record of all pertinent maintenance performed on the test vehicles.</P> <P>(ii) Exhaust emission deterioration factors for light-duty trucks and heavy-duty engines, and all test data that are derived from the testing described under § 86.091-21(b)(4)(iii)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.091-30 will meet the emission standards (or family emission limits, as appropriate) in § 86.091-9, § 86.091-10, or § 86.091-11 as appropriate, in actual use for the useful life of the engine.</P> <P>(2) For light-duty vehicles and light-duty trucks, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination and all test data that are derived from testing described under § 86.091-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.091-30 will meet the evaporative emission standards in § 86.091-8 or § 86.091-9, as appropriate, for the useful life of the vehicle.</P> <P>(3) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.091-21(b)(4)(ii). Furthermore, a statement that the test procedure(s) used to derive the deterioration factors includes, but need not be limited to, a consideration of the ambient effects of ozone and temperature fluctuations, and the service accumulation effects of vibration, time, and vapor saturation and purge cycling. The deterioration factor test procedure shall be designed and <PRTPAGE P="133"/>conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.091-30 will meet the evaporative emission standards in § 86.091-10 and § 86.091-11 in actual use for the useful life of the engine. Furthermore, a statement that a description of the test procedure, as well as all data, analyses and evaluations, is available to the Administrator upon request.</P> <P>(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.091-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the above statement is based, are available to the Administrator upon request.</P> <P>(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs and equipped with gasoline-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's evaporative emission control systems are designed, using good engineering practice, to meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.09l-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the above statement is based, are available to the Administrator upon request.</P> <P>(c) <E T="03">Emission data.</E> (1) Emission data, including in the case of methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent on such vehicles tested in accordance with applicable test procedures and in such numbers as specified. These data shall include zero-mile data, if generated and emission data generated for certification as required under § 86.090-26(a)(3)(i) or § 86.090-26(a)(3)(ii). In lieu of providing emission data on idle CO emissions, smoke emissions or particulate emissions from methanol-fueled diesel certification vehicles the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emission standards of § 86.090-8 or § 86.090-9.</P> <P>(2) Certification engines. (i) Emission data on such engines tested in accordance with applicable emission test procedures of this subpart and in such numbers as specified. These data shall include zero-hour data, if generated, and emission data generated for certification as required under § 86.090-26(c)(4). In lieu of providing emission data on idle CO emissions or particulate emissions from methanol-fueled diesel certification engines, or on CO emissions from petroleum-fueled or methanol-fueled diesel certification engines the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emission standards of § 86.091-11.</P> <P>(ii) For heavy-duty diesel engines, a manufacturer may submit hot-start data only, in accordance with subpart N of this part, when making application for certification. However, for conformity SEA and recall testing by the Agency, both the cold-start and hot-start test data, as specified in subpart N of this part, will be included in the official results.</P> <P>(d) A statement that the vehicles (or engines) for which certification is requested conform to the requirements in § 86.084-5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in § 86.084-5(b), and the data derived from such tests, are available to the Administrator upon request.</P> <P>(e)(1) A statement that the test vehicles (or test engines) with respect to which data are submitted to demonstrate compliance with the applicable standards (or family emission limits, as appropriate) of this subpart are in all material respects as described in <PRTPAGE P="134"/>the manufacturer's application for certification, have been tested in accordance with the applicable test procedures utilizing the fuels and equipment described in the application for certification and that on the basis of such tests the vehicles (or engines) conform to the requirements of this part. If such statements cannot be made with respect to any vehicle (or engine) tested, the vehicle (or engine) shall be identified, and all pertinent data relating thereto shall be supplied to the Administrator. If, on the basis of the data supplied and any additional data as required by the Administrator, the Administrator determines that the test vehicles (or test engine) was not as described in the application for certification or was not tested in accordance with the applicable test procedures utilizing the fuels and equipment as described in the application for certification, the Administrator may make the determination that the vehicle (or engine) does not meet the applicable standards (or family emission limits, as appropriate). The provisions of § 86.091-30(b) shall then be followed.</P> <P>(2) For evaporative emission durability, or light-duty truck or heavy-duty engine exhaust emission durability, a statement of compliance with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as applicable.</P> <P>(f) Additionally, manufacturers participating in the particulate averaging program for diesel light-duty vehicles and diesel light-duty trucks shall submit:</P> <P>(1) In the application for certification, a statement that the vehicles for which certification is requested will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable particulate standard(s) to be exceeded.</P> <P>(2) No longer than 90 days after the end of a given model year of production of engine families included in one of the diesel particulate averaging programs, the number of vehicles produced in each engine family at each certified particulate FEL, along with the resulting production-weighted average particulate emission level.</P> <P>(g) Additionally, manufacturers participating in the NO<E T="52">X</E> averaging program for light-duty trucks shall submit:</P> <P>(1) In the application for certification, a statement that the vehicles for which certification is required will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable NO<E T="52">X</E> standard(s) to be exceeded.</P> <P>(2) No longer than 90 days after the end of a given model year of production of engine families included in the NO<E T="52">X</E> averaging program, the number of vehicles produced in each engine family at each certified NO<E T="52">X</E> emission level.</P> <P>(h) Additionally, manufacturers participating in any of the NO<E T="52">X</E> and/or particulate averaging, trading, or banking programs for heavy-duty engines shall submit for each participating family:</P> <P>(1) In the application for certification:</P> <P>(i) A statement that the engines for which certification is requested will not, to the best of the manufacturer's belief, when included in any of the averaging, trading, or banking programs cause the applicable NO<E T="52">X</E> or particulate standard(s) to be exceeded.</P> <P>(ii) The type (NO<E T="52">X</E> or particulate) and the projected number of credits generated/needed for this family, the applicable averaging set, the projected U.S. (49-state) production volumes, by quarter, NCPs in use on a similar family and the values required to calculate credits as given in § 86.091-15. Manufacturers shall also submit how and where credit surpluses are to be dispersed and how and through what means credit deficits are to be met, as explained in § 86.091-15. The application must project that each engine family will be in compliance with the applicable NO<E T="52">X</E> and/or particulate emission standards based on the engine mass emissions, and credits from averaging, trading and banking.</P> <P>(3) End-of-year reports for each engine family participating in any of the averaging, trading, or banking programs.</P> <P>(i) These reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (EN-340F), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460.<PRTPAGE P="135"/> </P> <P>(ii) These reports shall indicate the engine family, the averaging set, the actual U.S. (49-state) production volume, the values required to calculate credits as given in § 86.091-15, the resulting type (NO<E T="52">X</E> or particulate) and number of credits generated/required, and the NCPs in use on a similar NCP family. Manufacturers shall also submit how and where credit surpluses were dispersed (or are to be banked) and how and through what means credit deficits were met. Copies of contracts related to credit trading must also be included or supplied by the broker if applicable. The report shall also include a calculation of credit balances to show that net mass emissions balances are within those allowed by the emission standards (equal to or greater than a zero credit balance). The credit discount factor described in 86.091-15 must be included as required.</P> <P>(iii) The 49-state production counts for end-of-year reports shall be based on the location of the first point of retail sale (<E T="03">e.g.,</E> customer, dealer, secondary manufacturer) by the manufacturer.</P> <P>(iv) Errors discovered by EPA or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected up to 90 days subsequent to submission of the end-of-year report. Errors discovered by EPA after 90 days shall be corrected if credits are reduced. Errors in the manufacturer's favor will not be corrected if discovered after the 90 day correction period allowed.</P> <P>(i) Failure by a manufacturer participating in the averaging, trading, or banking programs to submit any quarterly or end-of-year report (as applicable) in the specified time for all vehicles and engines that are part of an averaging set is a violation of section 203(a)(1) of the Clean Air Act for each such vehicle and engine.</P> <P>(j) Failure by a manufacturer generating credits for deposit only in either the HDE NO<E T="52">X</E> or particulate banking programs to submit their end-of-year reports in the applicable specified time period (<E T="03">i.e.,</E> 90 days after the end of the model year) shall result in the credits not being available for use until such reports are received and reviewed by EPA. Use of projected credits pending EPA review will not be permitted in these circumstances.</P> <P>(k) Engine families certified using NCPs are not required to meet the requirements outlined above. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10659, Mar. 15, 1985, as amended at 50 FR 29384, July 19, 1985; 54 FR 14473, Apr. 11, 1989; 55 FR 30625, July 26, 1990; 56 FR 64711, Dec. 12, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-28</SECTNO> <SUBJECT>Compliance with emission standards.</SUBJECT> <P>(a)(1) Paragraph (a) of this section applies to light-duty vehicles.</P> <P>(2) The applicable exhaust and fuel evaporative emissions standards (and family particulate emission limits, as appropriate) of this subpart apply to the emissions of vehicles for their useful life.</P> <P>(3) Since it is expected that emission control efficiency will change with mileage accumulation on the vehicle, the emission level of a vehicle which has accumulated 50,000 miles will be used as the basis for determining compliance with the standards (or family particulate emission limit, as appropriate).</P> <P>(4) The procedure for determining compliance of a new motor vehicle with exhaust emission standards (or family particulate emission limit, as appropriate) is as follows, except where specified by paragraph (a)(7) of this section for the Alternative Durability Program:</P> <P>(i) Separate emission deterioration factors shall be determined from the exhaust emission results of the durability-data vehicle(s) for each engine-system combination. A separate factor shall be established, as required for compliance with applicable emission standards for exhaust HC, exhaust THCE, exhaust NMHC, exhaust CO, exhaust NO<E T="52">X</E> and exhaust particulate for each engine-system combination. A separate evaporative emission deterioration factor, as required for compliance with applicable emission standards, shall be determined for each evaporative emission family-evaporative emission control system combination from the testing conducted by the manufacturer.<PRTPAGE P="136"/> </P> <P>(A) The applicable results to be used unless excluded by paragraph (a)(4)(i)(A)(<E T="03">4</E>) of this section in determining the exhaust emission deterioration factors for each engine-system combination shall be:</P> <P>(<E T="03">1</E>) All valid exhaust emission data from the tests required under § 86.084-26(a)(4) except the zero-mile tests. This shall include the official test results, as determined in § 86.091-29 for all tests conducted on all durability-data vehicles of the combination selected under § 86.085-24(c) (including all vehicles elected to be operated by the manufacturer under § 86.085-24(c)(1)(ii)).</P> <P>(<E T="03">2</E>) All exhaust emission data from the tests conducted before and after the scheduled maintenance provided in § 86.088-25.</P> <P>(<E T="03">3</E>) All exhaust emission data from tests required by maintenance approved under § 86.088-25, in those cases where the Administrator conditioned his approval for the performance of such maintenance on the inclusion of such data in the deterioration factor calculation.</P> <P>(<E T="03">4</E>) The manufacturer has the option of applying an outlier test point procedure to completed durability data within its certification testing program for a given model year. The outlier procedure will be specified by the Administrator. For any pollutant, durability-data test points that are identified as outliers shall not be included in the determination of deterioration factors if the manufacturer has elected this option. The manufacturer shall specify to the Administrator before the certification of the first engine family for that model year, if it intends to use the outlier procedure. The manufacturer may not change procedures after the first engine family of the model year is certified. Where the manufacturer chooses to apply both the outlier procedure and averaging (as allowed under § 86.084-26(a)(6)(i)) to the same data set, the outlier procedure shall be completed prior to applying the averaging procedure.</P> <P>(B) All applicable exhaust emission results shall be plotted as a function of the mileage on the system, rounded to the nearest mile, and the best fit straight lines, fitted by the method of least squares, shall be drawn through all these data points. The data will be acceptable for use in the calculation of the deterioration factor only if the interpolated 4,000-mile and 50,000-mile points on this line are within the low-altitude standards provided in § 86.087-8. Exceptions to this where data are still acceptable are when a best fit straight line crosses an applicable standard but no data points exceeded the standard, or the best fit straight line crosses an applicable standard with a negative slope (the 4,000-mile interpolated point is higher than the 50,000-mile interpolated point) but the 50,000-mile actual data point is below the standard. An multiplicative exhaust emission deterioration factor shall be calculated for each engine-system combination as follows: </P> <EXTRACT> <FP SOURCE="FP-2">Factor=Exhaust emissions interpolated to 50,000 miles divided by exhaust emissions interpolated to 4,000 miles.</FP> </EXTRACT> <FP>These interpolated values shall be carried out to a minimum of four places to the right of the decimal point before dividing one by the other to determine the deterioration factor. The results shall be rounded to three places to the right of the decimal point in accordance with ASTM E 29-67.</FP> <P>(C)(<E T="03">1</E>) An evaporative emissions deterioration factor shall be determined from the testing conducted as described in § 86.090-21(b)(4)(i), for each evaporative emission family- evaporative emission control system combination to indicate the evaporative emission level at 50,000 miles relative to the evaporative emission level at 4,000 miles as follows: </P> <EXTRACT> <FP SOURCE="FP-2">Factor = Evaporative emission level at 50,000 miles minus the evaporative emission level at 4,000 miles.</FP> </EXTRACT> <P>(<E T="03">2</E>) The factor in paragraph (a)(4)(i)(C)(<E T="03">1</E>) of this section shall be established to a minimum of two places to the right of the decimal.</P> <P>(ii)(A) The official exhaust emission test results for each emission-data vehicle at the selected test point shall be multiplied by the appropriate deterioration factor: <E T="03">Provided</E>, that if a deterioration factor as computed in paragraph (a)(4)(i)(B) of this section is less than one, that deterioration factor shall be one for the purposes of this paragraph.<PRTPAGE P="137"/> </P> <P>(B) The official evaporative emission test results for each evaporative emission-data vehicle at the selected test point shall be adjusted by addition of the appropriate deterioration factor: <E T="03">Provided,</E> that if a deterioration factor as computed in paragraph (a)(4)(i)(C) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.</P> <P>(iii) The emissions to compare with the standard (or the family particulate emission limit, as appropriate) shall be the adjusted emissions of paragraphs (a)(4)(ii) (A) and (B) of this section for each emission-data vehicle. Before any emission value is compared with the standard (or the family particulate emission limit, as appropriate), it shall be rounded, in accordance with ASTM E 29-67, to two significant figures. The rounded emission values may not exceed the standard (or the family particulate emission limit, as appropriate).</P> <P>(iv) Every test vehicle of an engine family must comply with the exhaust emission standards (or the family particulate emission limit, as appropriate), as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.</P> <P>(v) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (a)(4)(iii) of this section, before any vehicle in that family may be certified.</P> <P>(5) If a manufacturer chooses to change the level of any family particulate emission limit(s) in the particulate averaging program, compliance with the new limit(s) must be based upon existing certification data.</P> <P>(6) If a manufacturer chooses to participate in the diesel particulate averaging program, the production-weighted average of the family particulate emission limits of all affected engine families must comply with the particulate standards in § 86.087-8(a)(1)(iv), or the composite particulate standard defined in § 86.085-2, as appropriate, at the end of the production year.</P> <P>(7) The procedure to determine the compliance of new motor vehicles in the Alternative Durability Program (described in § 86.085-13) is the same as described in paragraphs (a)(4)(iii) through (a)(4)(v) of this section. For the engine families that are included in the Alternative Durability Program, the exhaust emission deterioration factors used to determine compliance shall be those that the Administrator has approved under § 86.085-13(c). The evaporative emission deterioration factor for each evaporative emission family shall be determined and applied according to paragraph (a)(4) of this section. The procedures to determine the minimum exhaust emissions deterioration factors required under § 86.085-13(d) are as follows:</P> <P>(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability-data vehicles for each engine family group. A separate factor as necessary to establish compliance with applicable emission standards shall be established for exhaust HC, exhaust THCE, exhaust NMHC, exhaust CO and exhaust NO<E T="52">X</E> for each engine family group. The evaporative emission deterioration factor for each evaporative family will be determined and applied in accordance with paragraph (a)(4) of this section.</P> <P>(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability-data vehicles representing certified engine families and of deterioration factors from vehicles selected under § 86.085-24(h). The Administrator shall determine how these data will be combined for each engine family group.</P> <P>(A) The test result to be used in the calculation of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.</P> <P>(B) For each durability-data vehicles selected under § 86.085-24(h), all applicable exhaust emissions results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability-data vehicles shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.<PRTPAGE P="138"/> </P> <P>(C) <E T="03">Line-crossing.</E> For the purposes of paragraph (a)(5) of this section, line crossing occurs when either of the interpolated 4,000- and 50,000-mile points of the best fit straight line exceeds the applicable emission standard and at least one applicable data point exceeds the standard.</P> <P>(<E T="03">1</E>) The Administrator will not accept for certification line-crossing data from preproduction durability-data vehicles selected under § 86.085-24(c), § 86.085-24(h)(2), or (h)(3).</P> <P>(<E T="03">2</E>) The Administrator will not accept for certification line-crossing data from production durability-data vehicles selected under § 86.085-24(h)(1) unless the 4,000-mile test result multiplied by the engine family group deterioration factor does not exceed the applicable emission standards. The deterioration factors used for this purpose shall be those that were used in the certification of the production vehicle. Manufacturers may calculate this product immediately after the 4,000-mile test of the vehicle. If the product exceeds the applicable standards, the manufacturer may, with the approval of the Administrator, discontinue the vehicle and substitute a new vehicle. The manufacturer may continue the original vehicle, but the data will not be acceptable if line crossing occurs.</P> <P>(b)(1) Paragraph (b) of this section applies to light-duty trucks.</P> <P>(2) The exhaust and evaporative emission standards (and family emission limits, as appropriate) of § 86.091-9 apply to the emissions of vehicles for their useful life.</P> <P>(3) Since emission control efficiency generally decreases with the accumulation of mileage on the vehicle, deterioration factors will be used in combination with emission-data vehicle test results as the basis for determining compliance with the standards (or family emission limits, as appropriate).</P> <P>(4)(i) Paragraph (b)(4) of this section describes the procedure for determining compliance of a new vehicle with exhaust emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturers, except where specified by paragraph (b)(5) of this section for the Alternative Durability Program.</P> <P>(ii) Separate exhaust emission deterioration factors, determined from tests of vehicles, engines, subsystems or components conducted by the manufacturer, shall be supplied for each engine-system combination. Separate factors shall be established as required for compliance with applicable emission standards for transient HC, THCE, NMHC, CO, and NO<E T="52">X</E>, idle CO and exhaust particulate.</P> <P>(iii) For transient HC, THCE, NMHC and CO, and NO<E T="52">X</E>, idle CO and/or exhaust particulate as appropriate, the official exhaust emission results for each emission-data vehicle at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.</P> <P>(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (b)(4)(iii) of this section rounded to two significant figures in accordance with ASTM E 29-67 for each emission-data engine.</P> <P>(5)(i) Paragraph (b)(5)(i) of this section applies only to manufacturers electing to participate in the particulate averaging program.</P> <P>(A) If a manufacturer chooses to change the level of any family particulate emission limit(s), compliance with the new limit(s) must be based upon existing certification data.</P> <P>(B) The production-weighted average of the family particulate emission limits of all applicable engine families, rounded to two significant figures in accordance with ASTM E 29-67, must comply with the particulate standards in § 86.088-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate standard as defined in § 86.085-2, as appropriate, at the end of the product year.</P> <P>(ii) Paragraph (b)(5)(ii) of this section applies only to manufacturers electing to participate in the NO<E T="52">X</E> averaging program.</P> <P>(A) If a manufacturer chooses to change the level of any family NO<E T="52">X</E> emission limit(s), compliance with the new limit(s) must be based upon existing certification data.<PRTPAGE P="139"/> </P> <P>(B) The production-weighted average of the family NO<E T="52">X</E> emission limits of all applicable engine families, rounded to two significant figures in accordance with ASTM E 29-67, must comply with the NO<E T="52">X</E> emission standards of § 86.088-9(a)(1)(iii) (A) or (B), or of § 86.088-9(d)(1)(iii) (A) or (B), or the composite NO<E T="52">X</E> standard as defined in § 86.088-2, at the end of the product year.</P> <P>(6) The procedure to determine the compliance of new motor vehicles in the Alternative Durability Program (described in § 86.085-13) is the same as described in paragraph (b)(4)(iv), (b)(7)(iv) and (b)(8) of this section. For the engine families that are included in the Alternative Durability Program, the exhause emission deterioration factors used to determine compliance shall be those that the Administrator has approved under § 86.085-13(c). The evaporative emission deterioration factor for each evaporative emission family shall be determined and applied according to paragraph (b)(7) of this section. The procedures to determine the minimum exhaust emissions deterioration factors required under § 86.085-13(d) are as follows:</P> <P>(i) Separate deterioration factors shall be determined from the exhaust emission results of the durability-data vehicles for each engine family group. A separate factor shall be established for exhaust HC, exhaust THCE or exhaust NMHC as appropriate, and exhaust CO and exhaust NO<E T="52">X</E> for each engine family group. The evaporative emission deterioration factor for each evaporative family will be determined and applied in accordance with paragraph (b)(6) of this section.</P> <P>(ii) The deterioration factors for each engine family group shall be determined by the Administrator using historical durability data from as many as three previous model years. These data will consist of deterioration factors generated by durability-data vehicles representing certified engine families and of deterioration factors from vehicles selected under § 86.085-24(h). The Administrator shall determine how these data will be combined for each engine family group.</P> <P>(A) The test results to be used in the calculations of each deterioration factor to be combined for each engine family group shall be those test results specified in paragraph (a)(4)(i)(A) of this section.</P> <P>(B) For each durability-data vehicle selected under § 86.085-24(h), all applicable exhaust emission results shall be plotted as a function of the mileage on the system rounded to the nearest mile, and the best fit straight lines, fitted by the method of least squares, shall be drawn through all these data points. The exhaust deterioration factor for each durability-data vehicle shall be calculated as specified in paragraph (a)(4)(i)(B) of this section.</P> <P>(C) <E T="03">Line crossing.</E> For the purposes of paragraph (b)(5) of this section, line crossing occurs when either of the interpolated 4,000- and 120,000-mile points of the best fit straight line exceeds the applicable emission standard and at least one applicable data point exceeds the standard.</P> <P>(<E T="03">1</E>) The Administrator will not accept for certification line-crossing data from preproduction durability-data vehicles selected under § 86.085-24(c)(1), or § 86.085-24 (h)(2) or (h)(3).</P> <P>(<E T="03">2</E>) The Administrator will not accept for certification line-crossing data from production durability-data vehicles selected under § 86.085-24(h)(1) unless the 4,000-mile test result multiplied by the engine family group deterioration factor does not exceed the applicable emission standard. The deterioration factors used for this purpose shall be those that were used in the certification of the production vehicle. Manufacturers may calculate this product immediately after the 4,000-mile test of the vehicle. If the product exceeds the applicable standard, the manufacturer may, with the approval of the Administrator, discontinue the vehicle and substitute a new vehicle. The manufacturer may continue the original vehicle, but the data will not be acceptable if line crossing occurs.</P> <P>(7)(i) Paragraph (b)(7) of this section describes the procedure for determining compliance of a new vehicle with fuel evaporative emission standards. The procedure described here shall be used for all vehicles in all model years.</P> <P>(ii) The manufacturer shall determine, based on testing described in <PRTPAGE P="140"/>§ 86.091-21(b)(4)(i), and supply an evaporative emission deterioration factor for each evaporative emission family-evaporative emission control system combination. The factor shall be calculated by subtracting the emission level at the selected test point from the emission level at the useful life point.</P> <P>(iii) The official evaporative emission test results for each evaporative emission-data vehicle at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(iv) The emission value to compare with the standards shall be the adjusted emission value of paragraph (b)(7)(iii) of this section rounded to two significant figures in accordance with ASTM E 29-67 for each evaporative emission-data vehicle.</P> <P>(8) Every test vehicle of an engine family must comply with all applicable standards (and family emission limits, as appropriate), as determined in paragraphs (b)(4)(iv) and (b)(7)(iv) of this section, before any vehicle in that family will be certified.</P> <P>(c)(1) Paragraph (c) of this section applies to heavy-duty engines.</P> <P>(2) The exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines in § 86.090-10 or for diesel engines in § 86.091-11 apply to the emissions of engines for their useful life.</P> <P>(3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission-data engine test results as the basis for determining compliance with the standards.</P> <P>(4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer.</P> <P>(ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient HC, THCE or NMHC as appropriate, CO and NO<E T="52">X</E>; and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel engines, separate factors shall be established for transient HC, THCE or NMHC as appropriate, CO, NO<E T="52">X</E> and exhaust particulate. For diesel smoke testing, separate factors shall also be established for the acceleration mode (designated as “A”), the lugging mode (designated as “B”), and peak opacity (designated as “C”).</P> <P>(iii)(A) Paragraph (c)(4)(iii)(A) of this section applies to Otto-cycle heavy-duty engines.</P> <P>(<E T="03">1</E>) <E T="03">Otto-cycle heavy-duty engines not utilizing aftertreatment technology (e.g., catalytic converters).</E> For transient HC, THCE or NMHC as appropriate, CO and NO<E T="52">X</E>, the official exhaust emission results for each emission-data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(<E T="03">2</E>) <E T="03">Otto-cycle heavy-duty engines utilizing aftertreatment technology (e.g., catalytic converters).</E> For transient HC, THCE or NMHC as appropriate, CO and NO<E T="52">X</E>, and for idle CO, the official exhaust emission results for each emission-data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.</P> <P>(B) Paragraph (c)(4)(iii)(B) of this section applies to diesel heavy-duty engines.</P> <P>(<E T="03">1</E>) <E T="03">Diesel heavy-duty engines not utilizing aftertreatment technology (e.g., particulate traps).</E> For transient HC, THCE or NMHC as appropriate, CO, NO<E T="52">X</E> and exhaust particulate, the official exhaust emission results for each emission-data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.<PRTPAGE P="141"/> </P> <P>(<E T="03">2</E>) <E T="03">Diesel heavy-duty engines utilizing aftertreatment technology (e.g., particulate traps).</E> For transient HC, THCE or NMHC as appropriate, CO, NO<E T="52">X</E> and exhaust particulate, the official exhaust emission results for each emission-data engine at the selected test point shall be adjusted by multiplication by the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than one, it shall be one for the purposes of this paragraph.</P> <P>(<E T="03">3</E>) <E T="03">Diesel heavy-duty engines only.</E> For acceleration smoke (“A”), lugging smoke (“B”), and peak smoke (“C”), the official exhaust emission results for each emission-data engine at the selected test point shall be adjusted by the addition of the appropriate deterioration factor. However, if the deterioration factor supplied by the manufacturer is less than zero, it shall be zero for the purposes of this paragraph.</P> <P>(iv) The emission values to compare with the standards (or family emission limits, as appropriate) shall be the adjusted emission values of paragraph (c)(4)(iii) of this section, rounded to the same number of significant figures as contained in the applicable standard in accordance with ASTM E 29-67, for each emission-data engine.</P> <P>(5)-(6) [Reserved]</P> <P>(7) Every test engine of an engine family must comply with all applicable standards (or family emission limits, as appropriate), as determined in paragraph (c)(4)(iv) of this section, before any engine in that family will be certified.</P> <P>(d)(1) Paragraph (d) of this section applies to heavy-duty vehicles required to comply with evaporative emission standards.</P> <P>(2) The applicable evaporative emission standard in § 86.091-10 or § 86.091-11 applies to the emissions of vehicles for their useful life.</P> <P>(3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, an evaporative emission deterioration factor shall be determined from the testing described in § 86.088-23(b)(3) for each evaporative emission family-evaporative emission control system combination to indicate the evaporative emission control system deterioration during the useful life of the vehicle (minimum 50,000 miles). The factor shall be established to a minimum of two places to the right of the decimal.</P> <P>(ii) For vehicles with a GVWR of greater than 26,000 pounds, because it is expected that emission control efficiency will change during the useful life of the vehicle, each manufacturer's statement as required in § 86.088-23(b)(4)(ii) shall include, in accordance with good engineering practice, consideration of control system deterioration.</P> <P>(4) The evaporative emission test results, if any, shall be adjusted by the addition of the appropriate deterioration factor: <E T="03">Provided,</E> That if the deterioration factor as computed in paragraph (d)(3) of this section is less than zero, that deterioration factor shall be zero for the purposes of this paragraph.</P> <P>(5) The emission level to compare with the standard shall be the adjusted emission level of paragraph (d)(4) of this section. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29-67, to two significant figures. The rounded emission values may not exceed the standard.</P> <P>(6) Every test vehicle of an evaporative emission family must comply with the evaporative emission standard, as determined in paragraph (d)(5) of this section, before any vehicle in that family may be certified.</P> <P>(e) Unless a manufacturer develops specific cold temperature deterioration factors, 68-86 °F deterioration factors shall be used to determine compliance with cold temperature emission standards. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10669, Mar. 15, 1985, as amended at 51 FR 24609, July 7, 1986; 54 FR 14484, Apr. 11, 1989; 57 FR 31897, July 17, 1992; 59 FR 48493, Sept. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-29</SECTNO> <SUBJECT>Testing by the Administrator.</SUBJECT> <P>(a)(1) Paragraph (a) of this section applies to light-duty vehicles and light-duty trucks.<PRTPAGE P="142"/> </P> <P>(2) The Administrator may require that any one or more of the test vehicles be submitted to him, at such place or places as he may designate, for the purposes of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.</P> <P>(3)(i) Whenever the Administrator conducts a test segment on a test vehicle, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the vehicle at the prescribed test point and the manufacturer's data for that test segment for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate). The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.</P> <P>(ii) Whenever the Administrator does not conduct a test on a test vehicle at a test point, the manufacturer's test data will be accepted as the official data for that point: <E T="03">Provided,</E> That if the Administrator makes a determination based on testing under paragraph (a)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, <E T="03">And further provided,</E> That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provisions of this part, the Administrator may refuse to accept that data as the official data pending retesting or submission or further information. If the manufacturer conducts more than one test on a vehicle, as authorized under § 86.084-26 (a)(3)(i)(A) or (b)(4)(i)(A), the data from the last test in that series of tests on that vehicle, will constitute the official data.</P> <P>(iii)(A)(<E T="03">1</E>) The Administrator may adjust or cause to be adjusted any adjustable parameter of an emission-data vehicle or engine which the Administrator has determined to be subject to adjustment for certification and Selective Enforcement Audit testing in accordance with § 86.085-22(e)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with § 86.085-22(e)(3)(i), prior to the performance of any tests to determine whether such vehicle or engine conforms to applicable emission standards, including tests performed by the manufacturer under § 86.091-23(c)(1). However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to a setting which causes a higher engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter on the engine before it accumulated any dynamometer service, all other parameters being identically adjusted for the purpose of the comparison. The Administrator, in making or specifying such adjustments, will consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use light-duty vehicles or light-duty trucks. In determining likelihood, the Administrator will consider factors such as, but not limited to, the effect of the adjustment on vehicle performance characteristics and surveillance information from similar in-use vehicles.</P> <P>(<E T="03">2</E>) For those vehicles or engine parameters which the Administrator has not determined to be subject to adjustment during certification and Selective Enforcement Audit testing in accordance with § 86.085-22(e)(1), the emission-data vehicle presented to the Administrator for testing shall be calibrated <PRTPAGE P="143"/>within the production tolerances applicable to the manufacturer's specifications to be shown on the vehicle label (see § 86.091-35 (a)(1)(iii)(D) or (a)(2)(iii)(D)) as specified in the application for certification. If the Administrator determines that a vehicle is not within such tolerances, the vehicle will be adjusted, at the facility designated by the Administrator, prior to the test and an engineering report shall be submitted to the Administrator describing the corrective action taken. Based on the engineering report, the Administrator will determine if the vehicle will be used as an emission-data vehicle.</P> <P>(B) If the Administrator determines that the test data developed on an emission-data vehicle under paragraph (a)(3)(i) of this section would cause that vehicle to fail due to excessive 4,000-mile emissions or by application of the appropriate deterioration factor, then the following procedure shall be observed:</P> <P>(<E T="03">1</E>) The manufacturer may request a retest. Before the retest, those vehicle or engine parameters which the Administrator has not determined to be subject to adjustment for certification and Selective Enforcement Audit testing in accordance with § 86.085-22(e)(1) may be readjusted to manufacturer's specification, if these adjustments were made incorrectly prior to the first test. The Administrator may adjust or cause to be adjusted any parameter which the Administrator has determined to be subject to adjustment to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with § 86.085-22(e)(3)(i). Other maintenance or repairs may be performed in accordance with § 86.088-25. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe.</P> <P>(<E T="03">2</E>) The vehicle will be retested by the Administrator and the results of this test shall comprise the official data for the emission-data vehicle.</P> <P>(iv) If sufficient durability data are not available at the time of any emission test conducted under paragraph (a)(2) of this section to enable the Administrator to determine whether an emission-data vehicle would fail, the manufacturer may request a retest in accordance with the provisions of paragraphs (a)(3)(iii) (A) and (B) of this section. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the vehicle from the test premises.</P> <P>(b)(1) Paragraph (b) of this section applies to heavy-duty engines.</P> <P>(2) The Administrator may require that any one or more of the test engines be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.</P> <P>(3)(i) Whenever the Administrator conducts a test on a test engine the results of that test, unless subsequently invalidated by the Administrator, shall comprise the official data for the engine at that prescribed test point and the manufacturer's data for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate).</P> <P>(ii) Whenever the Administrator does not conduct a test on a test engine at a test point, the manufacturer's test data will be accepted as the official data for that test point: <E T="03">Provided,</E> That if the Administrator makes a determination based on testing under paragraph (b)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, <E T="03">And further provided,</E> That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the <PRTPAGE P="144"/>Administrator may refuse to accept that data as the official data pending retesting or submission of further information.</P> <P>(iii)(A)(<E T="03">1</E>) The Administrator may adjust or cause to be adjusted any adjustable parameter of an emission-data engine which the Administrator has determined to be subject to adjustment for certification testing in accordance with § 86.085-22(e)(1), to any setting within the physically adjustable range of that parameter, as determined by the Administrator in accordance with § 86.085-22(e)(3)(i), prior to the performance of any tests to determine whether such engine conforms to applicable emission standards, including tests performed by the manufacturer under § 86.088-23(c)(2). The Administrator, in making or specifying such adjustments, may consider the effect of the deviation from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use heavy-duty engines. In determining likelihood, the Administrator may consider factors such as, but not limited to, the effect of the adjustment on engine performance characteristics and surveillance information from similar in-use engines.</P> <P>(<E T="03">2</E>) For those engine parameters which the Administrator has not determined to be subject to adjustment for certification testing in accordance with § 86.085-22(e)(1), the emission-data engine presented to the Administrator for testing shall be calibrated within the production tolerances applicable to the manufacturer's specifications to be shown on the engine label (see § 86.091-35(a)(3)(iii)) as specified in the application for certification. If the Administrator determines that an engine is not within such tolerances, the engine shall be adjusted at the facility designated by the Administrator prior to the test and an engineering report shall be submitted to the Administrator describing the corrective action taken. Based on the engineering report, the Administrator will determine if the engine shall be used as an emission-data engine.</P> <P>(B) If the Administrator determines that the test data developed under paragraph (b)(3)(iii)(A) of this section would cause the emission-data engine to fail due to excessive 125-hour emission values or by the application of the appropriate deterioration factor, then the following procedure shall be observed:</P> <P>(<E T="03">1</E>) The manufacturer may request a retest. Before the retest, those engine parameters which the Administrator has not determined to be subject to adjustment for certification testing in accordance with § 86.085-22(e)(1) may be readjusted to the manufacturer's specifications, if these adjustments were made incorrectly prior to the first test. The Administrator may adjust or cause to be adjusted any parameter which the Administrator has determined to be subject to adjustment in accordance with § 86.085-22(e)(3)(i). However, if the idle speed parameter is one which the Administrator has determined to be subject to adjustment, the Administrator shall not adjust it to a setting which causes a higher engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter on the engine before it accumulated any dynamometer service, all other parameters being identically adjusted for the purpose of the comparison. Other maintenance or repairs may be performed in accordance with § 86.088-25. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe.</P> <P>(<E T="03">2</E>) The engine will be retested by the Administrator and the results of this test shall comprise the official data for the emission-data engine.</P> <P>(iv) If sufficient durability data are not available at the time of any emission test conducted under paragraph (b)(2) of this section to enable the Administrator to determine whether an emission-data engine would fail, the manufacturer may request a retest in accordance with the provisions of paragraph (b)(3)(iii)(B) (1) and (2) of this section. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the engine from the test premises.</P> <P>(c)(1) Paragraph (c) of this section applies to gasoline-fueled and methanol-fueled heavy-duty vehicles.<PRTPAGE P="145"/> </P> <P>(2) The Administrator may require that any one or more of the evaporative emission family-system combinations included in the manufacturer's statement(s) of compliance be installed on an appropriate vehicle and such vehicle be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.</P> <P>(3)(i) Whenever the Administrator conducts a test segment on an evaporative emission family-system combination, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the evaporative emission family-system combination, and the manufacturer's data, analyses, etc., for that test segment shall not be used in determining compliance with emission standards. The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.</P> <P>(ii) Whenever the Administrator does not conduct a test on an evaporative emission family-system combination, the manufacturer's test data will be accepted as the official data: <E T="03">Provided,</E> That if the Administrator makes a determination, based on testing under paragraph (c)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, <E T="03">And further provided,</E> That if the Administrator has reasonable basis to believe that any test data, analyses, or other information submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Administrator may refuse to accept those data, analyses, etc., as the official data pending retesting or submission of further information. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989; 58 FR 16020, Mar. 24, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-30</SECTNO> <SUBJECT>Certification.</SUBJECT> <P>(a)(1)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under § 86.091-7(d), and any other pertinent data or information, the Administrator determines that a test vehicle(s) (or test engine(s)) meets(s) the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicles(s) (or engines(s)) except in cases covered by paragraphs (a)(1)(ii) and (c) of this section.</P> <P>(ii) <E T="03">Gasoline-fueled and methanol-fueled heavy-duty vehicles.</E> If, after a review of the statement(s) of compliance submitted by the manufacturer under § 86.091-23(b)(4) and any other pertinent data or information, the Administrator determines that the requirements of the Act and this subpart have been met, he will issue one certificate of conformity per manufacturer with respect to the evaporative emission family(s) covered by such statement(s) except in cases covered by paragraph (c) of this section.</P> <P>(2) Such certificate will be issued for such period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary or appropriate to assure that any new motor vehicle (or new motor vehicle engine) covered by the certificate will meet the requirements of the Act and of this part.</P> <P>(3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol fueled light-duty vehicles and light-duty trucks, one such certificate will be issued for each engine family evaporative emission family combination.<PRTPAGE P="146"/> </P> <P>(A) <E T="03">Light-duty vehicles.</E> Each certificate will certify compliance with no more than one set of standards (or family emission limits, as appropriate).</P> <P>(B) <E T="03">Light-duty trucks.</E> Each certificate will certify compliance with no more than one set of standards (or family emission limits, as appropriate), except for low-altitude standards and high altitude standards. The certificate shall state that it covers vehicles sold or delivered to an ultimate purchaser for principal use at a designated high-altitude location only if the vehicle conforms in all material respects to the design specifications that apply to those vehicles described in the application for certification at high altitude.</P> <P>(ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of compliance as required in § 86.091-23(b)(4) (i) and (ii).</P> <P>(iii) For diesel light-duty vehicles and light-duty trucks, or diesel heavy-duty engines, included in the applicable particulate averaging program, the manufacturer may at any time during production elect to change the level of any family particulate emission limit by demonstrating compliance with the new limit as described in §§ 86.091-28(a)(6) and 86.091-28(b)(5)(i). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the date of issuance.</P> <P>(iv) For light-duty trucks or heavy-duty engines included in the applicable NO<E T="52">X</E> averaging program, the manufacturer may at any time during production elect to change the level of any family NO<E T="52">X</E> emission limit by demonstrating compliance with the new limit as described in § 86.091-28(b)(5)(ii). New certificates issued under this paragraph will be applicable only for vehicles (or engines) produced subsequent to the day of issue.</P> <P>(4)(i) The adjustment or modification of any light-duty truck in accordance with instructions provided by the manufacturer for the altitude where the vehicle is principally used will not be considered a violation of section 203(a)(3) of the Clean Air Act.</P> <P>(ii) A violation of section 203(a)(1) of the Clean Air Act occurs when a manufacturer sells or delivers to an ultimate purchaser any light-duty vehicle or light-duty truck, subject to the regulations under the Act, under any of the conditions specified in the remainder of this paragraph.</P> <P>(A) When a light-duty vehicle or light-duty truck is not configured to meet high-altitude requirements:</P> <P>(<E T="03">1</E>) At a designated high-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated high-altitude location; or</P> <P>(<E T="03">2</E>) At a location other than a designated high-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated high-altitude location.</P> <P>(B) When a light-duty vehicle is not configured to meet low-altitude requirements, as provided in § 86.087-8(i):</P> <P>(<E T="03">1</E>) At a designated low-altitude location, unless such manufacturer has reason to believe that such vehicle will not be sold to an ultimate purchaser for principal use at a designated low-altitude location; or</P> <P>(<E T="03">2</E>) At a location other than a designated low-altitude location, when such manufacturer has reason to believe that such motor vehicle will be sold to an ultimate purchaser for principal use at a designated low-altitude location.</P> <P>(iii) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle that has been exempted from compliance with emission standards at high-altitude, or a light-duty truck which is not configured to meet high-altitude requirements, will not be sold to an ultimate purchaser for principal use at a designated high-altitude location if the manufacturer has informed its dealers and field representatives about the terms of these high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iii) (A) or (B), and (a)(4)(ii)(C) of this section:<PRTPAGE P="147"/> </P> <P>(A) Requiring dealers in designated high-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; requiring dealers in counties contiguous to designated high-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated high-altitude location, that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in a high-altitude location or in counties contiguous to high-altitude locations, requiring either the selling dealer or the delivering dealer to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated high-altitude location, that a vehicle which is not configured to meet high-altitude requirements will not be used principally at a designated high-altitude location. In addition, the manufacturer will make available to EPA, upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold), sales, warranty, or other information pertaining to sales of vehicles by the dealers described above maintained by the manufacturer in the normal course of business relating to the altitude configuration of vehicles and the locations of ultimate purchasers; or</P> <P>(B) Implementing a system which monitors factory orders of low-altitude vehicles by high-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser for principal use at a designated high-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and</P> <P>(C) Within a reasonable time after receiving written notice from EPA or a State or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the high-altitude requirements to an ultimate purchaser residing in a designated high-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iii) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet high-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of § 85.2108 of this chapter.</P> <P>(iv) A manufacturer shall be deemed to have reason to believe that a light-duty vehicle which has been exempted from compliance with emission standards at low-altitude, as provided in § 86.087-8(i), will not be sold to an ultimate purchaser for principal use at a designated low-altitude location if the manufacturer has informed its dealers and field representatives about the terms of the high-altitude regulations, has not caused the improper sale itself, and has taken reasonable action which shall include, but not be limited to, either paragraph (a)(4)(iv) (A) or (B), and (a)(4)(iv)(C) of this section:</P> <P>(A) Requiring dealers in designated low-altitude locations to submit written statements to the manufacturer signed by the ultimate purchaser that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; requiring dealers in counties contiguous to designated low-altitude locations to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal <PRTPAGE P="148"/>course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated low-altitude location; and for each sale or delivery of fleets of ten or more such vehicles in a low-altitude location or in counties contiguous to low-altitude locations, requiring either the selling dealer or the delivering dealer to submit written statements to the manufacturer, signed by the ultimate purchaser who represents to the dealer in the normal course of business that he or she resides in a designated low-altitude location, that a vehicle which is not configured to meet low-altitude requirements will not be used principally at a designated high-altitude location. In addition, the manufacturer will make available to EPA, upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold), sales, warranty, or other information pertaining to sales of vehicles by the dealers described above maintained by the manufacturer in the normal course of business relating to the altitude configuration of vehicles and the locations of ultimate purchasers; or</P> <P>(B) Implementing a system which monitors factory orders of high-altitude vehicles by low-altitude dealers, or through other means, identifies dealers that may have sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser for principal use at a designated low-altitude location; and making such information available to EPA upon reasonable written request (but not more frequently than quarterly, unless EPA has demonstrated that it has substantial reason to believe that an improperly configured vehicle has been sold); and</P> <P>(C) Within a reasonable time after receiving written notice from EPA or a state or local government agency that a dealer may have improperly sold or delivered a vehicle not configured to meet the low-altitude requirements to an ultimate purchaser residing in a designated low-altitude location, or based on information obtained pursuant to paragraph (a)(4)(iv) of this section that a dealer may have improperly sold or delivered a significant number of such vehicles to ultimate purchasers so residing, reminding the dealer in writing of the requirements of these regulations, and, where appropriate, warning the dealer that sale by the dealer of vehicles not configured to meet low-altitude requirements may be contrary to the terms of its franchise agreement with the manufacturer and the dealer certification requirements of § 85.2108 of this chapter.</P> <P>(5)(i) For the purpose of paragraph (a) of this section, a “designated high-altitude location” is any county which has substantially all of its area located above 1,219 meters (4,000 feet) and:</P> <P>(A) Requested an extension past the attainment date of December 31, 1982, for compliance with either the National Ambient Air Quality Standards for carbon monoxide or ozone, as indicated in part 52 (Approval and Promulgation of Implementation Plans) of this title; or</P> <P>(B) Is in the same state as a county designated as a high-altitude location according to paragraph (a)(5)(i)(A) of this section.</P> <P>(ii) The designated high-altitude locations defined in paragraph (a)(5)(i) of this section are listed below:</P> <EXTRACT> <HD SOURCE="HD1">State of Colorado</HD> <SCOL2> <LI>Adams</LI> <LI>Alamosa</LI> <LI>Arapahoe</LI> <LI>Archuleta</LI> <LI>Boulder</LI> <LI>Chaffee</LI> <LI>Cheyenne</LI> <LI>Clear Creek</LI> <LI>Conejos</LI> <LI>Costilla</LI> <LI>Crowley</LI> <LI>Custer</LI> <LI>Delta</LI> <LI>Denver</LI> <LI>Dolores</LI> <LI>Douglas</LI> <LI>Eagle</LI> <LI>Elbert</LI> <LI>El Paso</LI> <LI>Fremont</LI> <LI>Garfield</LI> <LI>Gilpin</LI> <LI>Grand</LI> <LI>Gunnison</LI> <LI>Hinsdale</LI> <LI>Huerfano</LI> <LI>Jackson</LI> <LI>Jefferson</LI> <LI>Kit Carson</LI> <LI>Lake</LI> <LI>La Plata</LI> <LI>Larimer</LI> <LI>Las Animas</LI> <LI>Lincoln</LI> <LI>Mesa</LI> <LI>Mineral</LI> <LI>Moffat</LI> <LI>Montezuma</LI> <LI>Montrose</LI> <LI>Morgan</LI> <LI>Otero</LI> <LI>Ouray</LI> <LI>Park</LI> <LI>Pitkin</LI> <LI>Pueblo</LI> <LI>Rio Blanco</LI> <LI>Rio Grande</LI> <LI>Routt<PRTPAGE P="149"/> </LI> <LI>Saguache</LI> <LI>San Juan</LI> <LI>San Miguel</LI> <LI>Summit</LI> <LI>Teller</LI> <LI>Washington</LI> <LI>Weld</LI> </SCOL2> <HD SOURCE="HD1">State of Nevada</HD> <SCOL2> <LI>Carson City</LI> <LI>Douglas</LI> <LI>Elko</LI> <LI>Esmeralda</LI> <LI>Eureka</LI> <LI>Humboldt</LI> <LI>Lander</LI> <LI>Lincoln</LI> <LI>Lyon </LI> <LI>Mineral</LI> <LI>Nye</LI> <LI>Pershing</LI> <LI>Storey</LI> <LI>Washoe</LI> <LI>White Pine</LI> </SCOL2> <HD SOURCE="HD1">State of New Mexico</HD> <SCOL2> <LI>Bernalillo</LI> <LI>Catron</LI> <LI>Colfax</LI> <LI>Curry</LI> <LI>De Baca</LI> <LI>Grant</LI> <LI>Guadalupe</LI> <LI>Harding</LI> <LI>Hidalgo</LI> <LI>Lincoln</LI> <LI>Los Alamos</LI> <LI>Luna</LI> <LI>McKinley</LI> <LI>Mora</LI> <LI>Otero</LI> <LI>Rio Arriba</LI> <LI>Roosevelt</LI> <LI>Sandoval</LI> <LI>San Juan</LI> <LI>San Miguel</LI> <LI>Santa Fe</LI> <LI>Sierra</LI> <LI>Socorro</LI> <LI>Taos</LI> <LI>Torrance</LI> <LI>Union</LI> <LI>Valencia</LI> </SCOL2> <HD SOURCE="HD1">State of Utah</HD> <SCOL2> <LI>Beaver</LI> <LI>Box Elder</LI> <LI>Cache</LI> <LI>Carbon</LI> <LI>Daggett</LI> <LI>Davis</LI> <LI>Duchesne</LI> <LI>Emery</LI> <LI>Garfield</LI> <LI>Grand</LI> <LI>Iron</LI> <LI>Juab</LI> <LI>Kane</LI> <LI>Millard</LI> <LI>Morgan</LI> <LI>Piute</LI> <LI>Rich</LI> <LI>Salt Lake</LI> <LI>San Juan</LI> <LI>Sanpete</LI> <LI>Sevier</LI> <LI>Summit</LI> <LI>Tooele</LI> <LI>Uintah</LI> <LI>Utah</LI> <LI>Wasatch</LI> <LI>Wayne</LI> <LI>Weber</LI> </SCOL2> </EXTRACT> <P>(iii) For the purpose of paragraph (a) of this section, a “designated low-altitude location” is any county which has substantially all of its area located below 1,219 meters (4,000 feet).</P> <P>(iv) The designated low-altitude locations so defined include all counties in the United States which are not listed in eithir paragraph (a)(5)(ii) of this section or in the list below:</P> <EXTRACT> <HD SOURCE="HD1">State of Arizona</HD> <SCOL2> <LI>Apache</LI> <LI>Cochise</LI> <LI>Coconino</LI> <LI>Navajo</LI> <LI>Yavapai</LI> </SCOL2> <HD SOURCE="HD1">State of Idaho</HD> <SCOL2> <LI>Bannock</LI> <LI>Bear Lake</LI> <LI>Bingham</LI> <LI>Blaine</LI> <LI>Bonneville</LI> <LI>Butte</LI> <LI>Camas</LI> <LI>Caribou</LI> <LI>Cassia</LI> <LI>Clark</LI> <LI>Custer</LI> <LI>Franklin</LI> <LI>Fremont</LI> <LI>Jefferson</LI> <LI>Lemhi</LI> <LI>Madison</LI> <LI>Minidoka</LI> <LI>Oneida</LI> <LI>Power</LI> <LI>Treton</LI> <LI>Valley</LI> </SCOL2> <HD SOURCE="HD1">State of Montana</HD> <SCOL2> <LI>Beaverhead</LI> <LI>Deer Lodge</LI> <LI>Gallatin</LI> <LI>Jefferson</LI> <LI>Judith Basin</LI> <LI>Madison</LI> <LI>Meagher</LI> <LI>Park</LI> <LI>Powell</LI> <LI>Silver Bow</LI> <LI>Wheatland</LI> </SCOL2> <HD SOURCE="HD1">State of Nebraska</HD> <SCOL2> <LI>Banner</LI> <LI>Cheyenne</LI> <LI>Kimball</LI> <LI>Sioux</LI> </SCOL2> <HD SOURCE="HD1">State of Oregon</HD> <SCOL2> <LI>Harney</LI> <LI>Klamath</LI> <LI>Lake</LI> </SCOL2> <HD SOURCE="HD1">State of Texas</HD> <SCOL2> <LI>Jeff Davis</LI> <LI>Hudspeth</LI> <LI>Parmer</LI> </SCOL2> <HD SOURCE="HD1">State of Wyoming</HD> <SCOL2> <LI>Albany</LI> <LI>Campbell</LI> <LI>Carbon</LI> <LI>Converse</LI> <LI>Fremont</LI> <LI>Goshen</LI> <LI>Hot Springs</LI> <LI>Johnson</LI> <LI>Laramie</LI> <LI>Lincoln</LI> <LI>Natrona</LI> <LI>Niobrara</LI> <LI>Park</LI> <LI>Platte</LI> <LI>Sublette</LI> <LI>Sweetwater</LI> <LI>Teton</LI> <LI>Uinta</LI> <LI>Washakie</LI> <LI>Weston</LI> </SCOL2> </EXTRACT> <P>(6) Catalyst-equipped vehicles, otherwise covered by a certificate, which are driven outside the United States, Canada, and Mexico will be presumed to have been operated on leaded gasoline resulting in deactivation of the catalysts. If these vehicles are imported or offered for importation without retrofit of the catalyst, they will be considered not to be within the coverage of the certificate unless included in a catalyst control program operated by a manufacturer or a United States Government agency and approved by the Administrator.</P> <P>(7) For incomplete light-duty trucks, a certificate covers only those new motor vehicles which, when completed <PRTPAGE P="150"/>by having the primary load-carrying device or container attached, conform to the maximum curb weight and frontal area limitations described in the application for certification as required in § 86.091-21(d).</P> <P>(8) For heavy-duty engines, a certificate covers only those new motor vehicle engines installed in heavy-duty vehicles which conform to the minimum gross vehicle weight rating, curb weight, or frontal area limitations for heavy-duty vehicles described in § 86.082-2.</P> <P>(9) For incomplete gasoline-fueled and methanol-fueled heavy-duty vehicles a certificate covers only those new motor vehicles which, when completed, conform to the nominal maximum fuel tank capacity limitations as described in the application for certification as required in § 86.091-21(e).</P> <P>(10)(i) For diesel light-duty vehicle and diesel light-duty truck families which are included in a particulate averaging program, the manufacturer's production-weighted average of the particulate emission limits of all engine families in a participating class or classes shall not exceed the applicable diesel particulate standard, or the composite particulate standard defined in § 86.090-2 as appropriate, at the end of the model year, as determined in accordance with 40 CFR part 86. The certificate shall be void <E T="03">ab initio</E> for those vehicles causing the production-weighted FEL to exceed the particulate standard.</P> <P>(ii) For all heavy-duty diesel engines which are included in the particulate averaging, trading, or banking programs under § 86.091-15:</P> <P>(A) All certificates issued are conditional upon the manufacturer complying with the provisions of § 86.091-15 and the averaging, trading, and banking related provision of other applicable sections, both during and after the model year production.</P> <P>(B) Failure to comply with all provisions of § 86.091-15 will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be deemed void <E T="03">ab initio. </E> </P> <P>(C) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or excused.</P> <P>(b)(1) The Administrator will determine whether a vehicle (or engine) covered by the application complies with applicable standards (or family emission limits, as appropriate) by observing the following relationships:</P> <P>(i) <E T="03">Light-duty vehicles.</E> (A) The durability data vehicle(s) selected under § 86.090-24(c)(1)(i) shall represent all vehicles of the same engine system combination.</P> <P>(B) The emission data vehicle(s) selected under § 86.090-24(b)(1) (ii) through (iv) shall represent all vehicles of the same engine-system combination as applicable.</P> <P>(C) The emission-data vehicle(s) selected under § 86.090-24(b)(l)(vii) (A) and (B) shall represent all vehicles of the same evaporative control system within the evaporative family.</P> <P>(ii) <E T="03">Light-duty trucks.</E> (A) The emission-data vehicle(s) selected under § 86.090-24(b)(1)(ii), shall represent all vehicles of the same engine-system combination as applicable.</P> <P>(B) The emission-data vehicle(s) selected under § 86.090-24(b)(1)(vii) (A) and (B) shall represent all vehicles of the same evaporative control system within the evaporative family.</P> <P>(C) The emission-data vehicle(s) selected under § 86.090-24(b)(1)(v) shall represent all vehicles of the same engine-system combination as applicable.</P> <P>(D) The emission-data vehicle(s) selected under § 86.090-24(b)(1)(viii) shall represent all vehicles of the same evaporative control system within the evaporative emission family, as applicable.</P> <P>(iii) <E T="03">Heavy-duty engines.</E> (A) An Otto-cycle emission-data test engine selected under § 86.090-24(b)(2)(iv) shall represent all engines in the same family of the same engine displacement-exhaust emission control system combination.</P> <P>(B) An Otto-cycle emission-data test engine selected under § 86.090-24(b)(2)(iii) shall represent all engines in the same engine family of the same engine displacement-exhaust emission control system combination.</P> <P>(C) A diesel emission data test engine selected under § 86.090-24(b)(3)(ii) shall <PRTPAGE P="151"/>represent all engines in the same engine-system combination.</P> <P>(D) A diesel emission-data test engine selected under § 86.090-24(b)(3)(iii) shall represent all engines of that emission control system at the rated fuel delivery of the test engine.</P> <P>(iv) <E T="03">Gasoline-fueled and methanol-fueled heavy-duty vehicles.</E> A statement of compliance submitted under § 86.091-23(b)(4) (i) or (ii) shall represent all vehicles in the same evaporative emission family-evaporative emission control system combination.</P> <P>(2) The Administrator will proceed as in paragraph (a) of this section with respect to the vehicles (or engines) belonging to an engine family or engine family-evaporative emission family combination (as applicable), all of which comply with all applicable standards (or family emission limits, as appropriate).</P> <P>(3) If after a review of the test reports and data submitted by the manufacturer, data derived from any additional testing conducted pursuant to § 86.090-29, data or information derived from any inspection carried out under § 86.091-7(d) or any other pertinent data or information, the Administrator determines that one or more test vehicles (or test engines) of the certification test fleet do not meet applicable standards (or family emission limits, as appropriate), he will notify the manufacturer in writing, setting forth the basis for his determination. Within 30 days following receipt of the notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determination and data in support of such objections. If, after a review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue.</P> <P>(4) For light-duty vehicles and light-duty trucks the manufacturer may, at its option, proceed with any of the following alternatives with respect to an emission-data vehicle determined not in compliance with all applicable standards (or family emission limits, as appropriate) for which it was tested:</P> <P>(i) Request a hearing under § 86.078-6; or</P> <P>(ii) Remove the vehicle configuration (or evaporative vehicle configuration, as applicable) which failed, from his application;</P> <P>(A) If the failed vehicle was tested for compliance with exhaust emission standards (or family emission limits, as appropriate) only: The Administrator may select, in place of the failed vehicle, in accordance with the selection criteria employed in selecting the failed vehicle, a new emission-data vehicle to be tested for exhaust emission compliance only.</P> <P>(B) If the failed vehicle was tested for compliance with both exhaust and evaporative emission standards: The Administrator may select, in place of the failed vehicle, in accordance with the selection criteria employed in selecting the failed vehicle, a new emission-data vehicle which will be tested for compliance with both exhaust and evaporative emission standards. If one vehicle cannot be selected in accordance with the selection criteria employed in selecting the failed vehicle, then two vehicles may be selected (<E T="03">i.e.,</E> one vehicle to satisfy the exhaust emission vehicle selection criteria and one vehicle to satisfy the evaporative emission vehicle selection criteria). The vehicle selected to satisfy the exhaust emission vehicle selection criteria will be tested for compliance with exhaust emission standards (or family emission limits, as appropriate) only. The vehicle selected to satisfy the evaporative emission vehicle selection criteria will be tested for compliance with both exhaust and evaporative emission standards; or</P> <P>(iii) Remove the vehicle configuration (or evaporative vehicle configuration, as applicable) which failed from the application and add a vehicle configuration(s) (or evaporative vehicle configuration(s), as applicable) not previously listed. The Administrator may require, if applicable, that the failed vehicle be modified to the new engine code (or evaporative emission code, as applicable) and demonstrate by testing that it meets applicable standards (or <PRTPAGE P="152"/>family emission limits, as appropriate) for which it was originally tested. In addition, the Administrator may select, in accordance with the vehicle selection criteria given in § 86.090-24(b), a new emission-data vehicle or vehicles. The vehicles selected to satisfy the exhaust emission vehicle selection criteria will be tested for compliance with exhaust emission standards (or family emission limits, as appropriate) only. The vehicles selected to satisfy the evaporative emission vehicle selection criteria will be tested for compliance with both exhaust and evaporative emission standards (or family emission limits, as appropriate); or</P> <P>(iv) Correct a component or system malfunction and show that with a correctly functioning system or component the failed vehicle meets applicable standards (or family emission limits, as appropriate) for which it was originally tested. The Administrator may require a new emission-data vehicle, of identical vehicle configuration (or evaporative vehicle configuration, as applicable) to the failed vehicle, to be operated and tested for compliance with the applicable standards (or family emission limits, as appropriate) for which the failed vehicle was originally tested.</P> <P>(5) For heavy-duty engines the manufacturer may, at his option, proceed with any of the following alternatives with respect to any engine family represented by a test engine(s) determined not in complinace with applicable standards (or family emission limit, as appropriate):</P> <P>(i) Request a hearing under § 86.078-6; or</P> <P>(ii) Delete from the application for certification the engines represented by the failing test engine. (Engines so deleted may be included in a later request for certification under § 86.079-32.) The Administrator may then select in place of each failing engine an alternate engine chosen in accordance with selection criteria employed in selecting the engine that failed; or</P> <P>(iii) Modify the test engine and demonstrate by testing that it meets applicable standards. Another engine which is in all material respects the same as the first engine, as modified, may then be operated and tested in accordance with applicable test procedures.</P> <P>(6) If the manufacturer does not request a hearing or present the required data under paragraphs (b)(4) or (b)(5) of this section (as applicable) of this section, the Administrator will deny certification.</P> <P>(c)(1) Notwithstanding the fact that any certification vehicle(s) (or certification engine(s)) may comply with other provisions of this subpart, the Administrator may withhold or deny the issuance of a certificate of conformity (or suspend or revoke any such certificate which has been issued) with respect to any such vehicle(s) (or engine(s)) if:</P> <P>(i) The manufacturer submits false or incomplete information in his application for certification thereof;</P> <P>(ii) The manufacturer renders inaccurate any test data which he submits pertaining thereto or otherwise circumvents the intent of the Act, or of this part with respect to such vehicle (or engine);</P> <P>(iii) Any EPA Enforcement Officer is denied access on the terms specified in § 86.091-7(d) to any facility or portion thereof which contains any of the following:</P> <P>(A) The vehicle (or engine):</P> <P>(B) Any components used or considered for use in its modification or buildup into a certification vehicle (or certification engine);</P> <P>(C) Any production vehicle (or production engine) which is or will be claimed by the manufacturer to be covered by the certificate;</P> <P>(D) Any step in the construction of a vehicle (or engine) described in paragraph (c)(iii)(C) of this section;</P> <P>(E) Any records, documents, reports, or histories required by this part to be kept concerning any of the above;</P> <P>(iv) Any EPA Enforcement Officer is denied “reasonable assistance” (as defined in § 86.091-7(d) in examining any of the items listed in paragraph (c)(1)(iii) of this section.</P> <P>(2) The sanctions of withholding, denying, revoking, or suspending of a certificate may be imposed for the reasons in paragraphs (c)(1)(i),(ii),(iii), or (iv) of this section only when the infraction is substantial.<PRTPAGE P="153"/> </P> <P>(3) In any case in which a manufacturer knowingly submits false or inaccurate information or knowingly renders inaccurate or invalid any test data or commits any other fraudulent acts and such acts contribute substantially to the Administrator's decision to issue a certificate of conformity, the Administrator may deem such certificate void <E T="03">ab initio.</E> </P> <P>(4) In any case in which certification of a vehicle (or engine) is proposed to be withheld, denied, revoked, or suspended under paragraph (c)(1) (iii) or (iv) of this section, and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of § 86.091-7(d) in fact occurred, the manufacturer, if he wishes to contend that, even though the violation occurred, the vehicle (or engine) in question was not involved in the violation to a degree that would warrant withholding, denial, revocation, or suspension of certification under either paragraph (c)(1) (iii) or (iv) of this section, shall have the burden of establishing that contention to the satisfaction of the Administrator.</P> <P>(5) Any revocation or suspension of certification under paragraph (c)(1) of this section shall:</P> <P>(i) Be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.078-6 hereof.</P> <P>(ii) Extend no further than to forbid the introduction into commerce of vehicles (or engines) previously covered by the certification which are still in the hands of the manufacturer, except in cases of such fraud or other misconduct as makes the certification invalid <E T="03">ab initio.</E> </P> <P>(6) The manufacturer may request in the form and manner specified in paragraph (b)(3) of this section that any determination made by the Administrator under paragraph (c)(1) of this section to withhold or deny certification be reviewed in a hearing conducted in accordance with -§ 86.078-6. If the Administrator finds, after a review of the request and supporting data, that the request raises a substantial factual issue, he will grant the request with respect to such issue.</P> <P>(d)(1) <E T="03">For light-duty vehicles.</E> Notwithstanding the fact that any vehicle configuration or engine family may be covered by a valid outstanding certificate of conformity, the Administrator may suspend such outstanding certificate of conformity in whole or in part with respect to such vehicle configuration or engine family if:</P> <P>(i) The manufacturer refuses to comply with the provisions of a test order issued by the Administrator pursuant to § 86.603; or</P> <P>(ii) The manufacturer refuses to comply with any of the requirements of § 86.603; or</P> <P>(iii) The manufacturer submits false or incomplete information in any report or information provided pursuant to the requirements of § 86.609; or</P> <P>(iv) The manufacturer renders inaccurate any test data which he submits pursuant to § 86.609; or</P> <P>(v) Any EPA Enforcement Officer is denied the opportunity to conduct activities related to entry and access as authorized in § 86.606 of this part and in a warrant or court order presented to the manufacturer or the party in charge of a facility in question; or</P> <P>(vi) EPA Enforcement Officers are unable to conduct activities related to entry and access or to obtain “reasonable assistance” as authorized in § 86.606 of this part because a manufacturer has located its facility in a foreign jurisdiction where local law prohibits those activities; or</P> <P>(vii) The manufacturer refuses to or in fact does not comply with §§ 86.604(a), 86.605, 86.607, 86.608, or 86.610.</P> <P>(2) The sanction of suspending a certificate may not be imposed for the reasons in paragraph (d)(1)(i), (ii), or (vii) of this section where the refusal is caused by conditions and circumstances outside the control of the manufacturer which render it impossible to comply with those requirements.</P> <P>(3) The sanction of suspending a certificate may be imposed for the reasons in paragraph (d)(1)(iii), (iv), or (v) of this section only when the infraction is substantial.</P> <P>(4) In any case in which a manufacturer knowingly submitted false or inaccurate information or knowingly rendered inaccurate any test data or committed any other fraudulent acts, <PRTPAGE P="154"/>and such acts contributed substantially to the Administrator's original decision not to suspend or revoke a certificate of conformity in whole or in part, the Administrator may deem such certificate void from the date of such fraudulent act.</P> <P>(5) In any case in which certification of a vehicle is proposed to be suspended under paragraph (d)(1)(v) of this section and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of § 86.606 in fact occurred, if the manufacturer wishes to contend that, although the violation occurred, the vehicle configuration or engine family in question was not involved in the violation to a degree that would warrant suspension of certification under paragraph (d)(1)(v) of this section, the manufacturer shall have the burden of establishing the contention to the satisfaction of the Administrator.</P> <P>(6) Any suspension of certification under paragraph (d)(1) of this section shall:</P> <P>(i) Be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614; and</P> <P>(ii) Not apply to vehicles no longer in the hands of the manufacturer.</P> <P>(7) Any voiding of a certificate of conformity under paragraph (d)(4) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614.</P> <P>(e) <E T="03">For light-duty trucks and heavy-duty engines.</E> (1) Notwithstanding the fact that any vehicle configuration or engine family may be covered by a valid outstanding certificate of conformity, the Administrator may suspend such outstanding certificate of conformity in whole or in part with respect to such vehicle or engine configuration or engine family if:</P> <P>(i) The manufacturer refuses to comply with the provisions of a test order issued by the Administrator pursuant to § 86.1003; or</P> <P>(ii) The manufacturer refuses to comply with any of the requirements of § 86.1003; or</P> <P>(iii) The manufacturer submits false or incomplete information in any report or information provided pursuant to the requirements of § 86.1009; or</P> <P>(iv) The manufacturer renders inaccurate any test data submitted pursuant to § 86.1009; or</P> <P>(v) Any EPA Enforcement Officer is denied the opportunity to conduct activities related to entry and access as authorized in § 86.1006 of this part and in a warrant or court order presented to the manufacturer or the party in charge of a facility in question; or</P> <P>(vi) EPA Enforcement Officers are unable to conduct activities related to entry and access as authorized in § 86.1006 of this part because a manufacturer has located a facility in a foreign jurisdiction where local law prohibits those activities; or</P> <P>(vii) The manufacturer refuses to -or in fact does not comply with the -requirements of §§ 86.1004(a), 86.1005, 86.1007, 86.1008, 86.1010, 86.1011, or 86.1013.</P> <P>(2) The sanction of suspending a certificate may not be imposed for the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section where such refusal or denial is caused by conditions and circumstances outside the control of the manufacturer which renders it impossible to comply with those requirements. Such conditions and circumstances shall include, but are not limited to, any uncontrollable factors which result in the temporary unavailability of equipment and personnel needed to conduct the required tests, such as equipment breakdown or failure or illness of personnel, but shall not include failure of the manufacturers to adequately plan for and provide the equipment and personnel needed to conduct the tests. The manufacturer will bear the burden of establishing the presence of the conditions and circumstances required by this paragraph.</P> <P>(3) The sanction of suspending a certificate may be imposed for the reasons outlined in paragraph (e)(1) (iii), (iv), or (v) of this section only when the infraction is substantial.</P> <P>(4) In any case in which a manufacturer knowingly submitted false or inaccurate information or knowingly rendered inaccurate any test data or committed any other fraudulent acts, and such acts contributed substantially to the Administrator's original <PRTPAGE P="155"/>decision not to suspend or revoke a certificate of conformity in whole or in part, the Administrator may deem such certificate void from the date of such fraudulent act.</P> <P>(5) In any case in which certification of a light-duty truck or heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v) of this section and in which the Administrator has presented to the manufacturer involved reasonable evidence that a violation of § 86.1006 in fact occurred, if the manufacturer wishes to contend that, although the violation occurred, the vehicle or engine configuration or engine family in question was not involved in the violation to a degree that would warrant suspension of certification under paragraph (e)(1)(v) of this section, he shall have the burden of establishing that contention to the satisfaction of the Administrator.</P> <P>(6) Any suspension of certification under paragraph (e)(1) of this section shall:</P> <P>(i) Be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.1014, and</P> <P>(ii) Not apply to vehicles or engines no longer in the hands of the manufacturer.</P> <P>(7) Any voiding of a certificate of conformity under paragraph (e)(4) of this section shall be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.1014. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10682, Mar. 15, 1985, as amended at 54 FR 14493, Apr. 11, 1989; 55 FR 30625, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.091-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <P>(a) The manufacturer of any motor vehicle (or motor vehicle engine) subject to the applicable emission standards (and family emission limits, as appropriate) of this subpart, shall, at the time of manufacture, affix a permanent legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such vehicles (or engines) available for sale to the public and covered by a certificate of conformity under § 86.091-30(a).</P> <P>(1) <E T="03">Light-duty vehicles.</E> (i) A permanent, legible label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches), engine family identification and evaporative family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the applicable emission standards (or family emission limits, as appropriate), including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedure and value (<E T="03">e.g.,</E> idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing, and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (<E T="03">e.g.,</E> air conditioner), if any, should be in operation;</P> <P>(E) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to light-duty vehicles;</P> <P>(F) For vehicles which are part of the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified;</P> <P>(G) For vehicles that have been exempted from compliance with the emission standards at high altitude, as specified in § 86.087-8(h),</P> <P>(<E T="03">1</E>) A highlighted statement (<E T="03">e.g.,</E> underscored or boldface letters) that the <PRTPAGE P="156"/>vehicle is certified to applicable emission standards at low altitude only,</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude, and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at high altitude; and</P> <P>(H) For vehicles that have been exempted from compliance with the emission standards at low altitude, as specified in § 86.087-8(i),</P> <P>(<E T="03">1</E>) A highlighted statement (<E T="03">e.g.,</E> underscored or boldface letters) that the vehicle is certified to applicable emission standards at high altitude only, and</P> <P>(<E T="03">2</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at low altitude.</P> <P>(2) <E T="03">Light-duty trucks.</E> (i) A legible permanent label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label.</P> <P>(A) The label heading: Important Vehicle Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches) and engine family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the applicable emission standards (or family emission limits, as appropriate), including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedure and value (<E T="03">e.g.,</E> idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing, and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (<E T="03">e.g.,</E> air conditioner), if any, should be in operation. If adjustments or modifications to the vehicle are necessary to insure compliance with emission standards (or family emission limits, as appropriate) at either high or low altitude, the manufacturer shall either include the instructions for such adjustments on the label, or indicate on the label where instructions for such adjustments may be found. The label shall indicate whether the engine tune-up or adjustment specifications are applicable to high altitude, low altitude or both;</P> <P>(E) The prominent statement: “This vehicle conforms to U.S. EPA regulations applicable to 19_ Model Year New Light-Duty Trucks.”</P> <P>(F) If the manufacturer is provided an alternate useful-life period under the provisions of § 86.088-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of _ years or _ miles of operation, whichever occurs first. This vehicle's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than years of miles (<E T="03">e.g.,</E> hours, or miles only);</P> <P>(G) A statement, if applicable, that the adjustments or modifications indicated on the label are necessary to ensure emission control compliance at the altitude specified;</P> <P>(H) A statement, if applicable, that the high-altitude vehicle was designated or modified for principal use at high altitude. This statement must be affixed by the manufacturer at the time of assembly or by any dealer who performs the high-altitude modification or adjustment prior to sale to an ultimate purchaser;</P> <P>(I) For vehicles that have been exempted from compliance with the high-altitude emission standards, as specified in § 86.088-9(g)(2),</P> <P>(<E T="03">1</E>) A highlighted statement (<E T="03">e.g.,</E> underscored or boldface letters) that the <PRTPAGE P="157"/>vehicle is certified to applicable emission standards at low altitude only,</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude, and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart I do not apply when the vehicle is tested at high altitude; and,</P> <P>(J) For vehicles which are included in the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified.</P> <P>(K) For vehicles which are included in the light-duty truck NO<E T="52">X</E> averaging program, the family NO<E T="52">X</E> emission limit to which the vehicle is certified.</P> <P>(3) <E T="03">Heavy-duty engines.</E> (i) A permanent legible label shall be affixed to the engine in a position in which it will be readily visible after installation in the vehicle.</P> <P>(ii) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Important Engine Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches) and engine family and model designations;</P> <P>(D) Date of engine manufacture (month and year). The manufacturer may, in lieu of including the date of manufacture on the engine label, maintain a record of the engine manufacture dates. The manufacturer shall provide the date of manufacture records to the Administrator upon request;</P> <P>(E) Engine specifications and adjustments as recommended by the manufacturer. These specifications should indicate the proper transmission position during tuneup and what accessories (<E T="03">e.g.,</E> air conditioner), if any, should be in operation;</P> <P>(F) For Otto-cycle engines the label should include the idle speed, ignition timing, and the idle air-fuel mixture setting procedure and value (<E T="03">e.g.,</E> idle CO, idle air-fuel ratio, idle speed drop), and valve lash;</P> <P>(G) For diesel engines the label should include the advertised hp at rpm, fuel rate at advertised hp in mm<E T="51">3</E>/stroke, valve lash, initial injection timing, and idle speed;</P> <P>(H) The prominent statement: “This engine conforms to U.S. EPA regulations applicable to 19_ Model Year New Heavy-Duty Engines.”</P> <P>(I) If the manufacturer is provided with an alternate useful-life period under the provisions of § 86.088-21(f), the prominent statement: “This engine has been certified to meet U.S. EPA standards for a useful-life period of _ miles or _ hours of operation, whichever occurs first. This engine's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than miles or hours (<E T="03">e.g.,</E> years, or hours only);</P> <P>(J) <E T="03">For diesel engines.</E> The prominent statement: “This engine has a primary intended service application as a __-heavy-duty engine.” (The primary intended service applications are light, medium, and heavy, as defined in § 86.085-2);</P> <P>(K) <E T="03">For Otto-cycle engines.</E> One of the following statements, as applicable:</P> <P>(<E T="03">1</E>) For engines certified to the emission standards of § 86.091-10(a)(1)(i) or § 86.091-10(a)(1)(iii), the statement: “This engine is certified for use in all heavy-duty vehicles.”</P> <P>(<E T="03">2</E>) For gasoline-fueled engines certified under the provisions of § 86.091-10(a)(3)(i), the statement: “This engine is certified for use in all heavy-duty vehicles under the special provision of 40 CFR 86.091-10(a)(3)(i).”</P> <P>(<E T="03">3</E>) For engines certified to the emission standards of § 86.091-10(a)(1)(ii) or § 86.091-10(a)(1)(iv), the statement: “This engine is certified for use only in heavy-duty vehicles with a gross vehicle weight rating above 14,000 lbs.”</P> <P>(L) For all heavy-duty engines which are included in the particulate averaging, trading, or banking programs, the particulate family emission limit to which the engine is certified.</P> <P>(M) For all heavy-duty engines which are included in the NO<E T="52">X</E> averaging, <PRTPAGE P="158"/>trading, or banking programs, the NO<E T="52">X</E> family emission limit to which the engine is certified.</P> <P>(N) For diesel engines which have been certified to comply with the urban bus particulate standard of 40 CFR 86.091-11(a)(1)(iv), the statement “This engine is certified for use in an urban bus as defined at 40 CFR 86.091-2.” Unless waived by the Administrator on the basis of impracticality, for diesel engines not certified to comply with the urban bus particulate standard, the statement “This engine is not certified for use in an urban bus as defined at 40 CFR 86.091-2. Sales of this engine for use in an urban bus is a violation of Federal law under the Clean Air Act.”</P> <P>(iv) The label may be made up of one or more pieces: <E T="03">Provided,</E> That all pieces are permanently attached to the same engine or vehicle part as applicable.</P> <P>(4)(i) <E T="03">Gasoline-fueled and methanol-fueled heavy-duty vehicles.</E> A permanent, legible label shall be affixed in a readily visible position in the engine compartment. If such vehicles do not have an engine compartment, the label required in paragraphs (a)(4) and (g)(1) of this section shall be affixed in a readily visible position on the operator's enclosure or on the engine.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The lable shall contain the following information lettered in the English language in block letters and numericals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Evaporative family identification;</P> <P>(D) The maximum nominal fuel tank capacity (in gallons) for which the evaporative control system is certified; and</P> <P>(E) One of the following, as appropriate:</P> <P>(<E T="03">1</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to gasoline-fueled heavy-duty vehicles.</P> <P>(<E T="03">2</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to methanol-fueled heavy-duty vehicles.</P> <P>(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle (or engine) conforms to any applicable state emission standards for new motor vehicles (or new motor vehicle engines) or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle (or engine).</P> <P>(c)(1) The manufacturer of any light-duty vehicle or light-duty truck subject to the emission standards (or family emission limits, as appropriate) of this subpart shall, in addition and subsequent to setting forth those statements on the label required by the Department of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT label or on an additional label located in proximity to the DOT label and affixed as described in 40 CFR 567.4(b), the following information in the English language, lettered in block letters and numerals not less than three thirty-seconds of an inch high, of a color that contrasts with the background of the label:</P> <P>(i) The Heading: “Vehicle Emission Control Information.”</P> <P>(ii)(A) <E T="03">For light-duty vehicles,</E> the statement: “This Vehicle Conforms to U.S. EPA Regulations Applicable to 19—Model Year New Motor Vehicles.”</P> <P>(B) <E T="03">For light-duty trucks.</E> (<E T="03">1</E>) The statement: “This vehicle conforms to U.S. EPA regulations applicable to 19—Model Year New Light-Duty Trucks.”</P> <P>(<E T="03">2</E>) If the manufacturer is provided an alternate useful-life period under the provisions of § 86.088-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of _ years or _ miles of operation, whichever occurs first. This vehicle's actual life may <PRTPAGE P="159"/>vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternative useful life in terms other than years or miles (<E T="03">e.g.,</E> hours, or miles only).</P> <P>(iii) One of the following statements, as applicable, in letters and numerals not less than six thirty-seconds of an inch high and of a color that contrasts with the background of the label:</P> <P>(A) For all vehicles certified as non-catalyst-equipped: “NON-CATALYST”;</P> <P>(B) For all vehicles certified as catalyst-equipped which are included in a manufacturer's catalyst control program for which approval has been given by the Administrator: “CATALYST—APPROVED FOR IMPORT”;</P> <P>(C) For all vehicles certified as catalyst-equipped which are not included in a manufacturer's catalyst control program for which prior approval has been given by the Administrator: “CATALYST”;</P> <P>(2) In lieu in of selecting either of the labeling options of paragraph (c)(1) of this section, the manufacturer may add the information required by paragraph (c)(1)(iii) of this section to the labeling required by paragraph (a) of this section. The required information will be set forth in the manner prescribed by paragraph (c)(1)(iii) of this section.</P> <P>(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles optionally certified as light-duty trucks shall have the following prominent statement printed on the label required by paragraph (a)(2) of this section in lieu of the statement required by paragraph (a)(2)(iii)(E) of this section: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">_</E> Model Year New Light-Duty Trucks when completed at a maximum curb weight of <E T="72">_</E> pounds or at a maximum gross vehicle weight rating of <E T="72">_</E> pounds or with a maximum frontal area of <E T="72">_</E> square feet.”</P> <P>(e) Incomplete heavy-duty vehicles having a gross vehicle weight rating of 8,500 pounds or less shall have one of the following statements printed on the label required by paragraph (a)(3) of this section in lieu of the statement required by paragraph (a)(3)(iii)(H) of this section: “This engine conforms to U.S. EPA regulations applicable to 19<E T="72">_</E> Model Year New Heavy-Duty Engines when installed in a vehicle completed at a curb weight of more than 6,000 pounds or with a frontal area of greater than 45 square feet.”</P> <P>(f) The manufacturer of any incomplete light-duty vehicle or light-duty truck shall notify the purchaser of such vehicle of any curb weight, frontal area, or gross vehicle weight rating limitations affecting the emission certificate applicable to that vehicle. This notification shall be transmitted in a manner consistent with National Highway Traffic Safety Administration safety notification requirements published in 49 CFR part 568.</P> <P>(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">_</E> Model Year New Gasoline-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed <E T="72">__</E> gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).”</P> <P>(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">_</E> Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed <E T="72">__</E> gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).”</P> <P>(2) Persons wishing to add fuel tank capacity beyond the maximum specified on the label required in paragraph (g)(1) of this section shall:</P> <P>(i) Increase the amount of fuel tank vapor storage material according to the following function:</P> <MATH DEEP="27" SPAN="1"> <PRTPAGE P="160"/> <MID>ER06OC93.008</MID> </MATH> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-2">Cap<E T="52">f</E> = final amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-2">Cap<E T="52">i</E> = initial amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-2">T. Vol. = total fuel tank volume of completed vehicle, gallons.</FP> <FP SOURCE="FP-2">Max. Vol. = maximum fuel tank volume as specified on the label required in paragraph (g)(1) of this section, gallons.</FP> </EXTRACT> <P>(ii) Use, if applicable, hosing for fuel vapor routing which is at least as impermeable to hydrocarbon vapors as that used by the primary manufacturer.</P> <P>(iii) Use vapor storage material with the same adsorptive characteristics as that used by the primary manufacturer.</P> <P>(iv) Connect, if applicable, any new hydrocarbon storage device to the existing hydrocarbon storage device in series such that the original hydrocarbon storage device is situated between the fuel tank and the new hydrocarbon storage device. The original hydrocarbon storage device shall be sealed such that vapors cannot reach the atmosphere. The elevation of the original hydrocarbon storage device shall be equal to or lower than the new hydrocarbon storage device.</P> <P>(v) Submit a written statement to the Administrator that paragraphs (g)(2)(i) through (g)(2)(iv) of this section have been complied with.</P> <P>(3) If applicable, the Administrator will send a return letter verifying the receipt of the written statement required in paragraph (g)(2)(v) of this section.</P> <P>(h)(1) Light-duty trucks and heavy-duty engines for which non-con-form-ance penalties are to be paid in ac-cord-ance with § 86.1113-87(b) shall have the follow-ing in-for-ma-tion printed on the label re-quired in para-graph (a) of this section or on a separate permanent legible label in the English language and located in proximity to the label re-quired in paragraph (a) of this section. The manufacturer shall begin label-ing pro-duction engines or vehicles within 10 days after the com-ple-tion of the PCA.</P> <P>(i) The statement: “The manufacturer of this engine/vehicle will pay a penalty to be allowed to introduce it into commerce at an emission level higher than the applicable emission standard. The compliance level (or new emission standard) for this engine/vehicle is <E T="72">___</E>.” (The manufacturer shall insert the applicable pollutant and compliance level calculated in accordance with § 86.1112-87(a).)</P> <P>(ii) [Reserved]</P> <P>(2) If a manufacturer introduces an engine or vehicle into commerce prior to the compliance level determination of § 86.1112-87(a), it shall provide the engine or vehicle owner with a label as described above to be affixed in a location in proximity to the label required in paragraph (a) of this section within 30 days of the completion of the PCA. </P> <SECAUTH>(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)</SECAUTH> <CITA>[50 FR 10690, Mar. 15, 1985, as amended at 54 FR 14498, Apr. 11, 1989; 55 FR 30626, July 26, 1990; 55 FR 46628, Nov. 5, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>(a) The provisions of this subpart apply to 1992 and later model year new Otto-cycle and diesel light-duty vehicles, 1992 and later model year new Otto-cycle and diesel light-duty trucks, and 1992 and later model year new Otto-cycle and diesel heavy-duty engines. The provisions of this subpart are optional for vehicles fueled with either natural gas or liquefied petroleum gas for the 1994 through 1996 model years. The provisions of this subpart also apply to aftermarket conversions of all model year Otto-cycle and diesel light-duty vehicles, Otto-cycle and diesel light-duty trucks, and Otto-cycle and diesel heavy-duty engines certified under the provisions of 40 CFR part 85, subpart F.</P> <P>(b) <E T="03">Optional applicability.</E> A manufacturer may request to certify any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.</P> <P>(c) [Reserved]<PRTPAGE P="161"/> </P> <P>(d) <E T="03">Alternative Durability Program.</E> For 1992 and later model year light-duty vehicles and light-duty trucks, a manufacturer may elect to participate in the Alternative Durability Program. This optional program provides an alternative method of determining exhaust emission control system durability.</P> <P>The general procedures and a description of the programs are contained in § 86.085-13 and specific provisions on test vehicles and compliance procedures are contained in § 86.092-24 and § 86.091-28 respectively.</P> <P>(e) <E T="03">Small volume manufacturers.</E> Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines in its product line (including all vehicles and engines imported under the provisions of 40 CFR 85.1505 and 40 CFR 85.1509) are fewer than 10,000 units for the model year in which the manufacturer seeks certification. To certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility criteria specified in § 86.092-14(b) before the Administrator's approval will be granted. The small-volume manufacturer's certification procedures are described in § 86.092-14.</P> <P>(f) <E T="03">Optional procedures for determining exhaust opacity.</E> (1) The provisions of subpart I apply to tests which are performed by the Administrator, and optionally, by the manufacturer.</P> <P>(2) Measurement procedures, other than that described in subpart I, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.091-23(f).</P> <P>(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I.</P> <P>(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with subpart I data, EPA may require that all certificates of conformity not already issued be based on data from subpart I procedures.</P> <CITA>[55 FR 7187, Feb. 28, 1990, as amended at 59 FR 48494, Sept. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.091-2 remain effective. The definitions listed in this section apply beginning with the 1992 model year.</P> <P>(a) <E T="03">Proven emission control systems</E> are emission control components or systems (and fuel metering systems) that have completed full durability testing evaluation over a vehicle's useful life in some other certified engine family, or have completed bench or road testing demonstrated to be equal or more severe than certification mileage accumulation requirements. Alternatively, proven components or systems are those that are determined by EPA to be of comparable functional quality and manufactured using comparable materials and production techniques as components or systems which have been durability demonstrated in some other certified engine family. In addition, the components or systems must be employed in an operating environment (e.g., temperature, exhaust flow, etc.,) similar to that experienced by the original or comparable components or systems in the original certified engine family.</P> <P>(b) <E T="03">Unproven emission control systems</E> are emission control components or systems (and fuel metering systems) that do not qualify as proven emission control systems.</P> <P>(c) <E T="03">Similar systems</E> are engine, fuel metering and emission control system combinations which use the same fuel (e.g., gasoline, diesel, etc.), combustion cycle (i.e., two or four stroke), general type of fuel system (i.e., carburetor or fuel injection), catalyst system (e.g., none, oxidization, three-way plus oxidization, three-way only, etc.), fuel <PRTPAGE P="162"/>control system (i.e., feedback or non-feedback), secondary air system (i.e., equipped or not equipped) and EGR (i.e., equipped or not equipped).</P> <P>(d) <E T="03">Conveniently available</E> service facility and spare parts for small-volume manufacturers means that the vehicle manufacturer has a qualified service facility at or near the authorized point of sale or delivery of its vehicles and maintains an inventory of all emission-related spare parts or has made arrangements for the part manufacturers to supply the parts by expedited shipment (e.g., utilizing overnight express delivery service, UPS, etc.).</P> <CITA>[55 FR 7187, Feb. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-14</SECTNO> <SUBJECT>Small-volume manufacturers certification procedures.</SUBJECT> <P>(a) The small-volume manufacturers certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart.</P> <P>(b)(1) The optional small-volume manufacturers certification procedures apply to light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines produced by manufacturers with U.S. sales, including all vehicles and engines imported under the provisions of 40 CFR 85.1505 and 40 CFR 85.1509 (for the model year in which certification is sought) of fewer than 10,000 units (Light-Duty Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines combined).</P> <P>(2) For the purpose of determining the applicability of paragraph (b)(1) of this section, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines in any of the groupings identified below in this subparagraph.</P> <P>(i) Vehicles and/or engines produced by two or more firms, one of which is 10 percent or greater part owned by another;</P> <P>(ii) Vehicles and/or engines produced by any two or more firms if a third party has equity ownership of 10 percent or more in each of the firms;</P> <P>(iii) Vehicles and/or engines produced by two or more firms having a common corporate officer(s) who is(are) responsible for the overall direction of the companies;</P> <P>(iv) Vehicles and/or engines imported or distributed by all firms where the vehicles and/or engines are manufactured by the same entity and the importer or distributer is an authorized agent of the entity.</P> <P>(3) If the aggregated sales, as determined in paragraph (b)(2) of this section are less than 301 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales of less than 301 units.</P> <P>(4) If the aggregated sales, as determined in paragraph (b)(2) of this section are greater than 300 but fewer than 10,000 units, the manufacturers in the aggregated relationship may certify under the provisions in this section that apply to manufacturers with sales from and including 301 through 9,999 motor vehicles and motor vehicles engines per year.</P> <P>(5) If the aggregated sales, as determined in paragraph (b)(2) of this section are equal to or greater than 10,000 units, then the manufacturers involved in the aggregated relationship will be allowed to certify a number of units under the small-volume engine family certification procedures (40 CFR 86.092-24(e)) in accordance with the criteria identified below in this subparagraph.</P> <P>(i) If a manufacturer purchases less than 50 percent of another manufacturer, each manufacturer retains its right to certify 9,999 units using the small-volume engine family certification procedures.</P> <P>(ii) If a manufacturer purchases 50 percent or more of another manufacturer, the manufacturer with the over 50 percent interest must share, with the manufacturer it purchased, its 9,999 units under the small-volume engine family certification procedures.</P> <P>(iii) In a joint venture arrangement (50/50 ownership) between two manufacturers, each manufacturer retains its eligibility for 9,999 units under the small-volume engine family certification procedures, but the joint venture must draw its maximum 9,999 <PRTPAGE P="163"/>units from the units allocated to its parent manufacturers.</P> <P>(c) Small-volume manufacturers shall demonstrate compliance with the applicable sections of this subpart. The appropriate model year of the following applicable sections shall be determined in accordance with § 86.084-4:</P> <P>(1) Sections 86.092-1, 86.092-2, 86.090-3, 86.084-4, 86.090-5, 86.078-6, 86.078-7, and 86.090-8 through 86.090-11 of this subpart are applicable.</P> <P>(2) Section 86.080-12 of this subpart is not applicable.</P> <P>(3) Section 86.085-13, 86.092-14, 86.084-15, and 86.085-20 of this subpart are applicable.</P> <P>(4) Small-volume manufacturers shall include in their records all of the information that EPA requires in §86.090-21 of this subpart. This information will be considered part of the manufacturer's application for certification. However, the manufacturer is not required to submit the information to the Administrator unless the Administrator requests it.</P> <P>(5) Section 86.085-22 of this subpart is applicable except as noted below.</P> <P>(i) Small-volume light-duty vehicle and light-duty truck manufacturers may satisfy the requirements of paragraph (e) of § 86.085-22 by including a statement of compliance on adjustable parameters in the application for certification. In the statement of compliance the manufacturer shall state that the limits, stops, seals, or other means used to inhibit adjustment have been designed to accomplish their intended purpose based on good engineering practice and past experience. If the vehicle parameter is adjustable the vehicle must meet emission standards with the parameter set any place within the adjustable range (Reference § 86.090-21 of this subpart).</P> <P>(6) Section 86.090-23 of this subpart is applicable.</P> <P>(7) Section 86.092-24 of this subpart is applicable except as noted below.</P> <P>(i) Small-volume manufacturers may satisfy the requirements of paragraph (b) and (c) of § 86.092-24 of this subpart by:</P> <P>(A) <E T="03">Emission-data</E>—Selecting one emission-data test vehicle (engine) per engine family by the worst-case emissions criteria as follows:</P> <P>(<E T="03">1</E>) <E T="03">Light-duty vehicles and light-duty trucks.</E> The manufacturer shall select the vehicle with the heaviest equivalent test weight (including options) within the engine family. Then within that vehicle the manufacturer shall select, in the order listed, the highest road load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in the engine family, and the maximum fuel flow calibration.</P> <P>(<E T="03">2</E>) <E T="03">Heavy-duty Otto-cycle engines.</E> The manufacturer shall select one emission-data engine first based on the largest displacement within the engine family. Then within the largest displacement the manufacturer shall select, in the order listed, highest fuel flow at the speed of maximum rated torque, the engine with the most advanced spark timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.</P> <P>(<E T="03">3</E>) <E T="03">Heavy-duty diesel engines.</E> The manufacturer shall select one emission-data engine based on the highest fuel feed per stroke, primarily at the speed of maximum rated torque and secondarily at rated speed.</P> <P>(B) Testing light-duty vehicles or light-duty truck emission-data vehicles at any service accumulation distance of at least 2,000 miles (3,219 kilometers) or, catalyst equipped heavy-duty emission-data engines at any service accumulation time of at least 62 hours, or non-catalyst equipped heavy-duty engine emission-data engines at any service accumulation time determined by the manufacturer to result in stabilized emissions. The emission performance of the emission-data vehicle or engine must be stabilized prior to emission testing.</P> <P>(C) <E T="03">Durability data</E>—Satisfying the durability-data requirements by complying with the applicable procedures below:</P> <P>(<E T="03">1</E>) Manufacturers with aggregated sales of less than 301 motor vehicles and motor vehicle engines per year may use assigned deterioration factors that the Administrator determines and prescribes. The factors will be the Administrator's estimate, periodically updated and published in an advisory letter or advisory circular, of the 70th <PRTPAGE P="164"/>percentile deterioration factors calculated using the industrywide data base of previously completed durability-data vehicles or engines used for certification. However, the manufacturer may, at its option, accumulate miles (hours) on a durability-data vehicle (engine) and complete emission tests for the purpose of establishing its own deterioration factors.</P> <P>(<E T="03">2</E>) Manufacturers with aggregated sales from and including 301 through 9,999 motor vehicles and motor vehicle engines per year certifying light-duty vehicle exhaust emissions from vehicles equipped with proven emission control systems shall use assigned deterioration factors that the manufacturer determines based on its good engineering judgment. However, the manufacturer may not use deterioration factors less than either the average or 70th percentile of all of that manufacturer's deterioration factor data, whichever is less. These minimum deterioration factors shall be calculated according to procedures in paragraph (c)(7)(i)(C)(<E T="03">2</E>)(<E T="03">i</E>), of this section. If the manufacturer does not have at least two data points to calculate these manufacturer specific average deterioration factors, then the deterioration factors shall be no less than the EPA supplied industrywide deterioration factors. However, the manufacturer may, at its option, accumulate miles on a durability-data vehicle and complete emission tests for the purpose of establishing its own deterioration factors.</P> <P>(<E T="03">i</E>) The manufacturer's minimum deterioration factors shall be calculated using the deterioration factors from all engine families, within the same vehicle/engine-fuel usage category (e.g., gasoline-fueled light-duty vehicle, etc.) previously certified to the same emission standards. The manufacturer shall use only deterioration factors engine families previously certified by the manufacturer and the deterioration factors shall not be included in the calculation more than once. The deterioration factors for each pollutant shall be calculated separately. The manufacturer may, at its option, limit the deterioration factors used in the calculation of the manufacturer's minimum deterioration factors to those from all similar systems to the system being certified if sufficient data (i.e., from at least two certified systems) exists. All data eligible to be grouped as similar system data shall be used in calculating similar system deterioration factors. Any deterioration factors used in calculating similar system deterioration factors shall not be included in calculating the manufacturer's minimum deterioration factors used to certify any of the manufacturer's remaining vehicle systems.</P> <P>(<E T="03">3</E>) Manufacturers with aggregated sales from 301 through 9,999 motor vehicles and motor vehicle engines and certifying light-duty vehicle exhaust emissions from vehicles equipped with unproven emission control systems shall use deterioration factors that the manufacturer determines from official certification durability data generated by vehicles from engine families representing a minimum of 25 percent of the manufacturer's sales equipped with unproven emission control systems. The sales projections are to be based on total sales projected for each engine/system combination. The durability-data vehicle (engine) mileage accumulation and emission tests are to be conducted according § 86.092-26 of this subpart. The manufacturer must develop deterioration factors by generating durability data in accordance with § 86.092-26 of this subpart on a minimum of 25 percent of the manufacturer's projected sales (by engine/system combination) that is equipped with unproven emission control systems. The manufacturer must complete the 25 percent durability requirement before the remainder of the manufacturer's sales equipped with unproven emission control systems is certified using manufacturer-determined assigned deterioration factors. Alternatively, any of these manufacturers may, at their option, accumulate miles on durability-data vehicles and complete emission tests for the purpose of establishing their own deterioration factors on the remaining sales.</P> <P>(<E T="03">4</E>) For light-duty vehicle, light-duty truck, and heavy-duty vehicle evaporative emissions and light-duty truck, <PRTPAGE P="165"/>and heavy-duty engine exhaust emissions, deterioration factors shall be determined in accordance with § 86.092-24 of this subpart.</P> <P>(ii) Paragraphs (d) and (e) of § 86.092-24 of this subpart are not applicable.</P> <P>(8) Section 86.090-25 of this subpart is applicable to maintenance performed on durability-data light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines when the manufacturer completes durability-data vehicles or engines; section 86.087-38 of this subpart is applicable to the recommended maintenance the manufacturer includes in the maintenance instructions furnished the purchasers of new motor vehicles and new motor vehicle engines under § 86.087-38 of this subpart.</P> <P>(9)(i) Section 86.092-26 of this subpart is applicable if the manufacturer completes durability-data vehicles or engines.</P> <P>(ii) Section 86.085-27 of this subpart is applicable.</P> <P>(10) Sections 86.090-28 and 86.090-29 of this subpart are applicable.</P> <P>(11)(i) Section 86.090-30 of this subpart is applicable, except for paragraph (a)(2) and (b) of that section. In the place of these paragraphs, small-volume manufacturer shall comply with paragraphs (c)(11)(ii) through (v) of this section, as shown below.</P> <P>(ii) Small-volume manufacturers shall submit an application for certification containing the following:</P> <P>(A) The names, addresses, and telephone numbers of the persons the manufacturer authorizes to communicate with us.</P> <P>(B) A brief description of the vehicles (or engines) covered by the certificate (the manufacturers' sales data book or advertising, including specifications, may satisfy this requirement for most manufacturers). The description shall include, as a minimum, the following items as applicable:</P> <P>(<E T="03">1</E>) Engine evaporative family names and vehicle (or engine) configurations.</P> <P>(<E T="03">2</E>) Vehicle carlines or engine models to be listed on the certificate of conformity.</P> <P>(<E T="03">3</E>) The test weight and horsepower setting for each vehicle or engine configuration.</P> <P>(<E T="03">4</E>) Projected sales.</P> <P>(<E T="03">5</E>) Combustion cycle.</P> <P>(<E T="03">6</E>) Cooling mechanism.</P> <P>(<E T="03">7</E>) Number of cylinders.</P> <P>(<E T="03">8</E>) Displacement.</P> <P>(<E T="03">9</E>) Fuel system type.</P> <P>(<E T="03">10</E>) Number of catalytic converters, type, volume, composition, surface area, and total precious metal loading.</P> <P>(<E T="03">11</E>) Method of air aspiration.</P> <P>(<E T="03">12</E>) Thermal reactor characteristics.</P> <P>(<E T="03">13</E>) Suppliers' and/or manufacturers' name and model number of any emission related items of the above, if purchased from a supplier who uses the items in its own certified vehicles(s) or engine(s).</P> <P>(<E T="03">14</E>) A list of emission component part numbers.</P> <P>(<E T="03">15</E>) Drawings, calibration curves, and descriptions of emission related components, including those components regulated under paragraph (e) of § 86.085-22 of this subpart, and schematics of hoses and other devices connecting these components.</P> <P>(<E T="03">16</E>) Vehicle adjustments or modifications necessary for light-duty trucks to assure that they conform to high-altitude standards.</P> <P>(<E T="03">17</E>) A description of the light-duty vehicles and light-duty trucks which are exempted from the high-altitude emission standards.</P> <P>(<E T="03">18</E>) Proof that the manufacturer has obtained or entered an agreement to purchase, when applicable, the insurance policy, required by § 85.1510(b). The manufacturer may submit a copy of the insurance policy or purchase agreement as proof that the manufacturer has obtained or entered an agreement to purchase the insurance policy.</P> <P>(C) The results of all emission tests the manufacturer performs to demonstrate compliance with the applicable standards.</P> <P>(D)(<E T="03">1</E>) The following statement signed by the authorized representative of the manufacturer: “The vehicles (or engines) described herein have been tested in accordance with (list of the applicable subparts A, B, D, I, M, N, or P) of part 86, title 40, United States Code of Federal Regulations, and on the basis of those tests are in conformance with that subpart. All of the data and records required by that subpart are on file and are available for inspection by the EPA Administrator. We project the <PRTPAGE P="166"/>total U.S. sales of vehicles (engines) subject to this subpart (including all vehicles and engines imported under the provisions of 40 CFR 85.1505 and 40 CFR 85.1509 to be fewer than 10,000 units.”</P> <P>(<E T="03">2</E>) A statement as required by and contained in paragraph (c)(5) of this section signed by the authorized representative of the manufacturer.</P> <P>(<E T="03">3</E>) A statement that the vehicles or engines described in the manufacturer's application for certification are not equipped with auxiliary emission control devices which can be classified as a defeat device as defined in § 86.092-2 of this subpart.</P> <P>(<E T="03">4</E>) A statement of compliance with section 206(a)(3) of the Clean Air Act.</P> <P>(<E T="03">5</E>) A statement that, based on the manufacturer's engineering evaluation and/or emission testing, the light-duty vehicles comply with emission standards at high altitude unless exempt under paragraph (h) of § 86.090-8 of this subpart.</P> <P>(<E T="03">6</E>) A statement that, based on the manufacturer's engineering evaluation and/or emission testing, the light-duty trucks sold for principle use at designated high-altitude locations comply with the high-altitude emission requirements and that all other light-duty trucks are at least capable of being modified to meet high-altitude standards unless exempt under paragraph (g)(2) of § 86.090-9 of this subpart.</P> <P>(<E T="03">7</E>) A statement affirming that the manufacturer will provide a list of emission and emission-related service parts, including part number designations and sources of parts, to the vehicle purchaser for all emission and emission-related parts which might affect vehicle emission performance throughout the useful life of the vehicle. Secondly, it must state that qualified service facilities and emission-related repair parts will be conveniently available to serve its vehicles. In addition, if service facilities are not available at the point of sale or distribution, the manufacturer must indicate that the vehicle purchaser will be provided information identifying the closest authorized service facility to the point of sale, if in the United States, or the closest authorized service facility to the point of distribution to the ultimate purchaser if the vehicle was purchased outside of the United States by the ultimate purchaser. Such information should also be made available to the Administrator upon request.</P> <P>(E) Manufacturers utilizing deterioration factors determined by the manufacturer based on its good engineering judgment (re: paragraph (c)(7)(i)(C)(<E T="03">2</E>) of this section) shall provide a description of the method(s) used by the manufacturer to determine the deterioration factors.</P> <P>(iii) If the manufacturer meets requirements of this subpart, the Administrator will issue a certificate of conformity for the vehicles or engines described in the application for certification.</P> <P>(iv) The certificate will be issued for such a period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any vehicle or engine covered by the certificate will meet the requirements of the Act and of this subpart.</P> <P>(v)(A) If, after a review of the statements and descriptions submitted by the manufacturer, the Administrator determines that the manufacturer has not met the applicable requirements, the Administrator shall notify the manufacturer in writing of his intention to deny certification, setting forth the basis for his determination. The manufacturer may request a hearing on the Administrator's determination.</P> <P>(B) If the manufacturer does not request a hearing or present the required information the Administrator will deny certification.</P> <P>(12) Sections 86.079-31 and 86.079-32 of this subpart are not applicable.</P> <P>(13) Under § 86.079-33 of this subpart, small-volume manufacturers are covered by the following.</P> <P>(i) Small-volume manufacturers may make production changes (running changes) without receiving the Administrator's prior approval. The manufacturer shall assure (by conducting emission tests as it deems necessary) that the affected vehicles (engines) remain in compliance with the requirements of this part.</P> <P>(ii) The manufacturer shall notify the Administrator within seven days <PRTPAGE P="167"/>after implementing any production related change (running change) that would affect vehicle emissions. This notification shall include any changes to the information required under paragraph (c)(11)(ii) of this section. The manufacturer shall also amend as necessary its records required under paragraph (c)(4) of this section to confirm with the production design change.</P> <P>(14) Section 86.082-34 of this subpart is not applicable.</P> <P>(15) Sections 86.092-35, 86.079-36, 86.082-37, 86.087-38 and 86.084-39 of this subpart are applicable.</P> <CITA>[55 FR 7187, Feb. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-15</SECTNO> <SUBJECT>NO<E T="52">X</E> and particulate averaging, trading, and banking for heavy-duty engines.</SUBJECT> <P>(a)(1) Heavy-duty engines eligible for the NO<E T="52">X</E> and particulate averaging, trading, and banking programs are described in the applicable emission standards sections in this subpart. Participation in these programs is voluntary.</P> <P>(2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section.</P> <P>(ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL.</P> <P>(iii) Credits scheduled to expire in the earliest model year shall be used, prior to using other available credits, to offset emissions of engine families with FELS exceeding the applicable standard.</P> <P>(b) Participation in the NO<E T="52">X</E> and/or particulate averaging, trading, and banking programs shall be done as follows. (1) During certification, the manufacturer shall:</P> <P>(i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant (i.e., NO<E T="52">X</E> and particulate).</P> <P>(ii) Declare an FEL for each engine family participating in one or more of these three programs.</P> <P>(A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower for NO<E T="52">X</E> emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions).</P> <P>(B) In no case may the FEL exceed the upper limit prescribed in the section concerning the applicable heavy-duty engine NO<E T="52">X</E> and particulate emission standards.</P> <P>(iii) Calculate the projected emission credits (=/) based on quarterly production projections for each participating family and for each pollutant (NO<E T="52">X</E> and particulate), using the equation in paragraph (c) of this section and the applicable factors for the specific engine family.</P> <P>(iv)(A) Determine and state the source of the needed credits according to quarterly projected production for engine families requiring credits for certification.</P> <P>(B) State where the quarterly projected credits will be applied for engine families generating credits.</P> <P>(C) Credits may be obtained from or applied to only engine families within the same averaging set as described in paragraphs (d) and (e) of this section. Credits available for averaging, trading, or banking as defined in § 86.090-2, may be applied to a given engine famil(y) (ies), or reserved as defined in § 86.091-2.</P> <P>(2) Based on this information each manufacturer's certification application must demonstrate:</P> <P>(i) That at the end of model year production, each engine family has a net emissions credit balance of zero or more using the methodology in paragraph (c) of this section with any credits obtained from averaging, trading or banking.<PRTPAGE P="168"/> </P> <P>(ii) The source of the credits to be used to comply with the emission standard if the FEL exceeds the standard, or where credits will be applied if the FEL is less than the emission standard. In cases where credits are being obtained, each engine family involved must state specifically the source (manufacturer/engine family) of the credits being used. In cases where credits are being generated/supplied, each engine family involved must state specifically the designated use (manufacturer/engine family or reserved) of the credits involved. All such reports shall include all credits involved in averaging, trading or banking.</P> <P>(3) During the model year manufacturers must:</P> <P>(i) Monitor projected versus actual production to be certain that compliance with the emission standards is achieved at the end of the model year.</P> <P>(ii) Provide the end of-model year reports required under § 86.091-23.</P> <P>(iii) Maintain the quarterly records required under § 86.091-7(c)(8).</P> <P>(4) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-model year reports, follow-up audits, and any other verification steps deemed appropriate by the Administrator.</P> <P>(5) Compliance under averaging, banking, and trading will be determined at the end of the model year. Engine families without an adequate amount of actual NO<E T="52">X</E> and/or particulate emission credits will violate the conditions of the certificate of conformity. The certificates of conformity may be voided ab initio for those engine families.</P> <P>(6) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year report previously submitted to EPA under this section, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative credit balances may be adjusted by EPA.</P> <P>(i) If EPA review of a manufacturer's end-of-year report indicates an inadvertent credit shortfall, the manufacturer will be permitted to purchase the necessary credits to bring the credit balance for that engine family to zero, at the ratio of 1.2 credits purchased for every credit needed to bring the balance to zero. If sufficient credits are not available to bring the credit balance for the engine family in question to zero, EPA may void the certificate for that engine family ab initio.</P> <P>(ii) If within 180 days of receipt of the manufacturer's end-of-year report, EPA review determines a reporting error in the manufacturer's favor (i.e., resulting in a positive credit balance) or if the manufacturer discovers such an error within 180 days of EPA receipt of the end-of-year report, the credits will be restored for use by the manufacturer. For the 1992 model year, corrections to the end-of-year reports may be submitted until May 9, 1994.</P> <P>(c)(1) For each participating engine family, NO<E T="52">X</E> and particulate emission credits (positive or negative) are to be calculated according to one of the following equations and rounded, in accordance with ASTM E29-67, to the nearest one-tenth of a Megagram (Mg). Consistent units are to be used throughout the equation.</P> <P>For determining credit need for all engine families and credit availability for engine families generating credits for averaging programs only: </P> <EXTRACT> <FP SOURCE="FP-2">Emission credits = (StdFEL) × (CF) × (UL) × (Production) × (106)</FP> </EXTRACT> <P>For determining credit availability for engine families generating credits for trading or banking programs: </P> <EXTRACT> <FP SOURCE="FP-2">Emission credits = (StdFEL) × (CF) × (UL) × (Production) × (106) × (0.8)</FP> </EXTRACT> <EXTRACT> <FP SOURCE="FP-2">Where:</FP> <FP SOURCE="FP-2">Std=the current and applicable heavy-duty engine NO<E T="52">X</E> or particulate emission standard in grams per brake horsepower hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">FEL=the NO<E T="52">X</E> or particulate family emission limit for the engine family in grams per brake horsepower-hour or grams per Megajoule.</FP> <FP SOURCE="FP-2">CF=a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given in paragraph (c)(2) of this section.</FP> <FP SOURCE="FP-2">UL=the useful life, or alternative life as described in paragraph (f) of § 86.090-21, for the given engine family in miles.</FP> <FP SOURCE="FP-2">Production=the number of engines produced for U.S. sales within the given engine family during the model year. Quarterly <PRTPAGE P="169"/>production projections are used for initial certification. Actual production is used for end-of-year compliance determination.</FP> <FP SOURCE="FP-2">0.8=a one-time discount applied to all credits to be banked or traded within the model year generated. Banked credits traded in a subsequent model year will not be subject to an additional discount. Banked credits used in a subsequent model year's averaging program will not have the discount restored.</FP> </EXTRACT> <P>(2) The transient cycle conversion factor is the total (integrated) cycle brake horsepower-hour or Megajoules, divided by the equivalent mileage of the applicable transient cycle. For Otto-cycle heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty engines, the equivalent mileage is 6.5 miles. When more than one configuration is chosen by EPA to be tested in the certification of an engine family (as described in § 86.085-24), the conversion factor used is to be based upon the configuration generating the highest conversion factor when determining credit need and the lowest conversion factor when determining credit availability for banking, trading or averaging.</P> <P>(d) Averaging sets for NO<E T="52">X</E> emission credits: The averaging and trading of NO<E T="52">X</E> emission credits will only be allowed between heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of NO<E T="52">X</E> emission credits for heavy-duty engines are defined as follows:</P> <P>(1) For Otto-cycle heavy-duty engines:</P> <P>(i) Otto-cycle heavy-duty engines constitute an averaging set. Averaging and trading among all Otto-cycle heavy-duty engine families is allowed. There are no subclass restrictions.</P> <P>(ii) Gasoline-fueled heavy-duty vehicles certified under the provisions of § 86.085-1(b) may not average or trade credits with gasoline-fueled heavy-duty Otto-cycle engines, but may average or trade credits with light-duty trucks.</P> <P>(2) For diesel cycle heavy-duty engines:</P> <P>(i) Each of the three primary intended service classes for heavy-duty diesel engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading among all diesel cycle engine families within the same primary service class is allowed.</P> <P>(ii) Urban buses are treated as members of the primary intended service class where they would otherwise fall.</P> <P>(e) Averaging sets for particulate emission credits. The averaging and trading of particulate emission credits will only be allowed between diesel cycle heavy-duty engine families in the same averaging set and in the same regional category. Engines produced for sale in California constitute a separate regional category than engines produced for sale in the other 49 states. Banking and trading are not applicable to engines sold in California. The averaging sets for the averaging and trading of particulate emission credits for diesel cycle heavy-duty engines are defined as follows:</P> <P>(1) Engines intended for use in urban buses constitute a separate averaging set from all other heavy-duty engines. Averaging and trading among all diesel cycle bus engine families is allowed.</P> <P>(2) For heavy-duty engines, exclusive of urban bus engines, each of the three primary intended service classes for heavy-duty diesel cycle engines, as defined in § 86.090-2, constitute an averaging set. Averaging and trading between diesel cycle engine families within the same primary service class is allowed.</P> <P>(3) Otto-cycle engines may not participate in particulate averaging, trading, or banking.</P> <P>(f) Banking of NO<E T="52">X</E> and particulate emission credits:</P> <P>(1) <E T="03">Credit deposits.</E> (i) Under this phase of the banking program, emission credits may be banked from engine families produced during the three model years prior to the effective model year of the new HDE NO<E T="52">X</E> or particulate emission standard. Credits may not be banked from engine families made during any other model years.</P> <P>(ii) Manufacturers may bank credits only after the end of the model year and after EPA has reviewed their end-<PRTPAGE P="170"/>of-year report. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging.</P> <P>(2) <E T="03">Credit withdrawals.</E> (i) After being generated, banked/reserved credits shall be available for use three model years prior to, through three model years immediately after the effective date of the new HDE NO<E T="52">X</E> or particulate emission standard, as applicable. However, credits not used within the period specified above shall be forfeited.</P> <P>(ii) Manufacturers withdrawing banked emission credits shall indicate so during certification and in their credit reports, as described in § 86.091-23.</P> <P>(3) <E T="03">Use of banked emission credits.</E> The use of banked credits shall be within the averaging set and other restrictions described in paragraphs (d) and (e) of this section, and only for the following purposes:</P> <P>(i) Banked credits may be used in averaging, trading, or in any combination thereof, during the certification period. Credits declared for banking from the previous model year but unreviewed by EPA may also be used. However, they may be revoked at a later time following EPA review of the end-of-year report or any subsequent audit actions.</P> <P>(ii) Banked credits may not be used for NO<E T="52">X</E> or particulate averaging and trading to offset emissions that exceed an FEL. Banked credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, banked credits may be used for subsequent production of the engine family if the manufacturer elects to recertify to a higher FEL.</P> <P>(g)(1) For purposes of this paragraph (g), assume NO<E T="52">X</E> and particulate nonconformance penalties (NCPs) will be available for the 1991 and later model year HDEs.</P> <P>(2) Engine families paying an NCP for noncompliance of any emission standard may not:</P> <P>(i) Participate in the averaging program,</P> <P>(ii) Generate emission credits for any pollutant under banking and trading, and</P> <P>(iii) Use emission credits for any pollutant from banking and trading.</P> <P>(3) If a manufacturer has any engine family to which application of NCPs and averaging, banking, and trading credits is desired, that family must be separated into two distinct families. One family, whose FEL equals the standard, must use NCPs only, while the other, whose FEL does not equal the standard, must use emission credits only.</P> <P>(4) If a manufacturer has any engine family in a given averaging set which is using NO<E T="52">X</E> and/or particulate NCPs, none of that manufacturer's engine families in that averaging set may generate credits for banking and trading.</P> <P>(h) In the event of a negative credit balance in a trading situation, both the buyer and the seller would be liable.</P> <P>(i) Certification fuel used for credit generation must be of a type that is both available in use and expected to be used by the engine purchaser. Therefore, upon request by the Administrator, the engine manufacturer must provide information acceptable to the Administrator that the designated fuel is readily available commercially and would be used in customer service.</P> <CITA>[59 FR 14106, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-23</SECTNO> <SUBJECT>Required data.</SUBJECT> <P>(a) The manufacturer shall perform the tests required by the applicable test procedures, and submit to the Administrator the following information: <E T="03">Provided, however,</E> That if requested by the manufacturer, the Administrator may waive any requirement of this section for testing of vehicle (or engine) for which emission data are available or will be made available under the provisions of § 86.091-29.</P> <P>(b)(1)(i) Exhaust emission durability data on such light-duty vehicles tested in accordance with applicable test procedures and in such numbers as specified, which will show the performance of the systems installed on or incorporated in the vehicle for extended mileage, as well as a record of all pertinent maintenance performed on the test vehicles.<PRTPAGE P="171"/> </P> <P>(ii) Exhaust emission deterioration factors for light-duty trucks and heavy-duty engines, and all test data that are derived from the testing described under § 86.091-21(b)(4)(iii)(A), as well as a record of all pertinent maintenance. Such testing shall be designed and conducted in accordance with good engineering practice to assure that the engines covered by a certificate issued under § 86.091-30 will meet the emission standards (or family emission limits, as appropriate) in § 86.091-9, § 86.091-10, or § 86.091-11 as appropriate, in actual use for the useful life of the engine.</P> <P>(2) For light-duty vehicles and light-duty trucks, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination and all test data that are derived from testing described under § 86.091-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.091-30 will meet the evaporative emission standards in § 86.091-8 or § 86.091-9, as appropriate, for the useful life of the vehicle.</P> <P>(3) For heavy-duty vehicles equipped with gasoline-fueled or methanol-fueled engines, evaporative emission deterioration factors for each evaporative emission family-evaporative emission control system combination identified in accordance with § 86.091-21(b)(4)(ii). Furthermore, a statement that the test procedure(s) used to derive the deterioration factors includes, but need not be limited to, a consideration of the ambient effects of ozone and temperature fluctuations, and the service accumulation effects of vibration, time, and vapor saturation and purge cycling. The deterioration factor test procedure shall be designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.091-30 will meet the evaporative emission standards in § 86.091-10 and § 86.091-11 in actual use for the useful life of the engine. Furthermore, a statement that a description of the test procedure, as well as all data, analyses and evaluations, is available to the Administrator upon request.</P> <P>(4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's vehicles meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.091-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the above statement is based, are available to the Administrator upon request.</P> <P>(ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs and equipped with gasoline-fueled or methanol-fueled engines, a written statement to the Administrator certifying that the manufacturer's evaporative emission control systems are designed, using good engineering practice, to meet the standards of § 86.091-10 or § 86.091-11 (as applicable) as determined by the provisions of § 86.091-28. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations, and other documents, on which the above statement is based, are available to the Administrator upon request.</P> <P>(c) <E T="03">Emission data.</E> (1) Emission data, including in the case of methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent on such vehicles tested in accordance with applicable test procedures and in such numbers as specified. These data shall include zero-mile data, if generated and emission data generated for certification as required under § 86.090-26(a)(3)(i) or § 86.090-26(a)(3)(ii). In lieu of providing emission data on idle CO emissions, smoke emissions or particulate emissions from methanol-fueled diesel certification vehicles the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emission standards of § 86.090-8 or § 86.090-9.</P> <P>(2) <E T="03">Certification engines.</E> Emission data on such engines tested in accordance with applicable emission test procedures of this subpart and in such numbers as specified. These data shall <PRTPAGE P="172"/>include zero-hour data, if generated, and emission data generated for certification as required under § 86.090-26(c)(4). In lieu of providing emission data on idle CO emissions or particulate emissions from methanol-fueled diesel certification engines, or on CO emissions from petroleum-fueled or methanol-fueled diesel certification engines the Administrator may, on request of the manufacturer, allow the manufacturer to demonstrate (on the basis of previous emission tests, development tests, or other information) that the engine will conform with the applicable emission standards of § 86.091-11.</P> <P>(d) A statement that the vehicles (or engines) for which certification is requested conform to the requirements in § 86.084-5(b), and that the descriptions of tests performed to ascertain compliance with the general standards in § 86.084-5(b), and the data derived from such tests, are available to the Administrator upon request.</P> <P>(e)(1) A statement that the test vehicles (or test engines) with respect to which data are submitted to demonstrate compliance with the applicable standards (or family emission limits, as appropriate) of this subpart are in all material respects as described in the manufacturer's application for certification, have been tested in accordance with the applicable test procedures utilizing the fuels and equipment described in the application for certification and that on the basis of such tests the vehicles (or engines) conform to the requirements of this part. If such statements cannot be made with respect to any vehicle (or engine) tested, the vehicle (or engine) shall be identified, and all pertinent data relating thereto shall be supplied to the Administrator. If, on the basis of the data supplied and any additional data as required by the Administrator, the Administrator determines that the test vehicles (or test engine) was not as described in the application for certification or was not tested in accordance with the applicable test procedures utilizing the fuels and equipment as described in the application for certification, the Administrator may make the determination that the vehicle (or engine) does not meet the applicable standards (or family emission limits, as appropriate). The provisions of § 86.091-30(b) shall then be followed.</P> <P>(2) For evaporative emission durability, or light-duty truck or heavy-duty engine exhaust emission durability, a statement of compliance with paragraph (b)(1)(ii), (b)(2), or (b)(3) of this section, as applicable.</P> <P>(f) Additionally, manufacturers participating in the particulate averaging program for diesel light-duty vehicles and diesel light-duty trucks shall submit:</P> <P>(1) In the application for certification, a statement that the vehicles for which certification is requested will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable particulate standard(s) to be exceeded.</P> <P>(2) No longer than 90 days after the end of a given model year of production of engine families included in one of the diesel particulate averaging programs, the number of vehicles produced in each engine family at each certified particulate FEL, along with the resulting production-weighted average particulate emission level.</P> <P>(g) Additionally, manufacturers participating in the NO<E T="52">X</E> averaging program for light-duty trucks shall submit:</P> <P>(1) In the application for certification, a statement that the vehicles for which certification is required will not, to the best of the manufacturer's belief, when included in the manufacturer's production-weighted average emission level, cause the applicable NO<E T="52">X</E> standard(s) to be exceeded.</P> <P>(2) No longer than 90 days after the end of a given model year of production of engine families included in the NO<E T="52">X</E> averaging program, the number of vehicles produced in each engine family at each certified NO<E T="52">X</E> emission level.</P> <P>(h) Additionally, manufacturers participating in any of the NO<E T="52">X</E> and/or particulate averaging, trading, or banking programs for heavy-duty engines shall submit for each participating family:</P> <P>(1) In the application for certification:</P> <P>(i) A statement that the engines for which certification is requested will not, to the best of the manufacturer's <PRTPAGE P="173"/>belief, when included in any of the averaging, trading, or banking programs cause the applicable NO<E T="52">X</E> or particulate standard(s) to be exceeded.</P> <P>(ii) The type (NO<E T="52">X</E> or particulate) and the projected number of credits generated/needed for this family, the applicable averaging set, the projected U.S. (49-state) production volumes, by quarter, NCPs in use on a similar family and the values required to calculate credits as given in § 86.091-15. Manufacturers shall also submit how and where credit surpluses are to be dispersed and how and through what means credit deficits are to be met, as explained in § 86.091-15. The application must project that each engine family will be in compliance with the applicable NO<E T="52">X</E> and/or particulate emission standards based on the engine mass emissions, and credits from averaging, trading and banking.</P> <P>(2) End-of-year reports for each engine family participating in any of the averaging, trading, or banking programs.</P> <P>(i) These reports shall be submitted within 90 days of the end of the model year to: Director, Manufacturers Operations Division (EN-6405J), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460.</P> <P>(ii) These reports shall indicate the engine family, the averaging set, the actual U.S. (49-state) production volume, the values required to calculate credits as given in § 86.091-15, the resulting type (NO<E T="52">X</E> or particulate) and number of credits generated/required, and the NCPs in use on a similar NCP family. Manufacturers shall also submit how and where credit surpluses were dispersed (or are to be banked) and how and through what means credit deficits were met. Copies of contracts related to credit trading must also be included or supplied by the broker if applicable. The report shall also include a calculation of credit balances to show that net mass emissions balances are within those allowed by the emission standards (equal to or greater than a zero credit balance). The credit discount factor described in § 86.091-15 must be included as required.</P> <P>(iii) The 49-state production counts for end-of-year reports shall be based on the location of the first point of retail sale (e.g., customer, dealer, secondary manufacturer) by the manufacturer.</P> <P>(iv) Errors discovered by EPA or the manufacturer in the end-of-year report, including changes in the 49 state production counts, may be corrected up to 180 days subsequent to submission of the end-of-year report. Errors discovered by EPA after 180 days shall be corrected if credits are reduced. Errors in the manufacturer's favor will not be corrected if discovered after the 180 day correction period allowed.</P> <P>(i) Failure by a manufacturer participating in the averaging, trading, or banking programs to submit any quarterly or end-of-year report (as applicable) in the specified time for all vehicles and engines that are part of an averaging set is a violation of section 203(a)(1) of the Clean Air Act for each such vehicle and engine.</P> <P>(j) Failure by a manufacturer generating credits for deposit only in either the HDE NO<E T="52">X</E> or particulate banking programs to submit their end-of-year reports in the applicable specified time period (i.e., 90 days after the end of the model year) shall result in the credits not being available for use until such reports are received and reviewed by EPA. Use of projected credits pending EPA review will not be permitted in these circumstances.</P> <P>(k) Engine families certified using NCPs are not required to meet the requirements outlined above.</P> <CITA>[59 FR 14108, Mar. 25, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-24</SECTNO> <SUBJECT>Test vehicles and engines.</SUBJECT> <P>(a)(1) The vehicles or engines covered by an application for certification will be divided into groupings of engines which are expected to have similar emission characteristics throughout their useful life. Each group of engines with similar emission characteristics shall be defined as a separate engine family.</P> <P>(2) To be classed in the same engine family, engines must be identical in all the following respects:</P> <P>(i) The cylinder bore center-to-center dimensions.</P> <P>(ii)-(iii) [Reserved]</P> <P>(iv) The cylinder block configuration (air cooled or water cooled; L-6, 90° V-8, etc.).<PRTPAGE P="174"/> </P> <P>(v) The location of the intake and exhaust valves (or ports).</P> <P>(vi) The method of air aspiration.</P> <P>(vii) The combustion cycle.</P> <P>(viii) Catalytic converter characteristics.</P> <P>(ix) Thermal reactor characteristics.</P> <P>(x) Type of air inlet cooler (e.g., intercoolers and after-coolers) for diesel heavy-duty engines.</P> <P>(3)(i) Engines identical in all the respects listed in paragraph (a)(2) of this section may be further divided into different engine families if the Administrator determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the following features of each engine:</P> <P>(A) The bore and stroke.</P> <P>(B) The surface-to-volume ratio of the nominally dimensioned cylinder at the top dead center positions.</P> <P>(C) The intake manifold induction port size and configuration.</P> <P>(D) The exhaust manifold port size and configuration.</P> <P>(E) The intake and exhaust valve sizes.</P> <P>(F) The fuel system.</P> <P>(G) The camshaft timing and ignition or injection timing characteristics.</P> <P>(ii) Light-duty trucks and heavy-duty engines produced in different model years and distinguishable in the respects listed in paragraph (a)(2) of this section shall be treated as belonging to a single engine family if the Administrator requires it, after determining that the engines may be expected to have similar emission deterioration characteristics.</P> <P>(4) Where engines are of a type which cannot be divided into engine families based upon the criteria listed in paragraphs (a)(2) and (a)(3) of this section, the Administrator will establish families for those engines based upon those features most related to their emission characteristics. Engines that are eligible to be included in the same engine family based on the criteria in paragraphs (a)(2) and (a)(3)(i) of this section may be further divided into different engine families if the manufacturer determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the following features of each engine:</P> <P>(i) The dimension from the center line of the crankshaft to the center line of the camshaft.</P> <P>(ii) The dimension from the center line of the crankshaft to the top of the cylinder block head face.</P> <P>(iii) The size of the intake and exhaust valves (or ports).</P> <P>(5) The gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks covered by an application for certification will be divided into groupings which are expected to have similar evaporative emission characteristics throughout their useful life. Each group of vehicles with similar evaporative emission characteristics shall be defined as a separate evaporative emission family.</P> <P>(6) For gasoline-fueled or methanol-fueled light-duty vehicles and light-duty trucks to be classed in the same evaporative emission family, vehicles must be similar with respect to:</P> <P>(i) Type of vapor storage device (e.g., canister, air cleaner, crankcase).</P> <P>(ii) Basic canister design.</P> <P>(iii) Fuel system.</P> <P>(7) Where vehicles are of a type which cannot be divided into evaporative emission families based on the criteria listed above, the Administrator will establish families for those vehicles based upon the features most related to their evaporative emission characteristics.</P> <P>(8)(i) If the manufacturer elects to participate in the Alternative Durability Program, the engine families covered by an application for certification shall be grouped based upon similar engine design and emission control system characteristics. Each of these groups shall constitute a separate engine family group.</P> <P>(ii) To be classed in the same engine family group, engine families must contain engines identical in all of the following respects:</P> <P>(A) The combustion cycle.</P> <P>(B) The cylinder block configuration (air-cooled or water-cooled; L-6, V-8, rotary, etc.).</P> <P>(C) Displacement (engines of different displacement within 50 cubic inches or 15 percent of the largest displacement and contained within a <PRTPAGE P="175"/>multi-displacement engine family will be included in the same engine family group).</P> <P>(D) Catalytic converter usage and basic type (non-catalyst, oxidation catalyst only, three-way catalyst equipped).</P> <P>(9) Engine families identical in all respects listed in paragraph (a)(8) of this section may be further divided into different engine family groups if the Administrator determines that they are expected to have significantly different exhaust emission control system deterioration characteristics.</P> <P>(10) A manufacturer may request the Administrator to include in an engine family group, engine families in addition to those grouped under the provisions of paragraph (a)(8) of this section. This request must be accompanied by information the manufacturer believes supports the inclusion of these additional engine families.</P> <P>(11) A manufacturer may combine into a single engine family group those light-duty vehicle and light-duty truck engine families which otherwise meet the requirements of paragraphs (a)(8) through (a)(10) of this section.</P> <P>(12) The vehicles covered by an application for certification equipped with gasoline-fueled and methanol-fueled heavy-duty engines will be divided into groupings of vehicles on the basis of physical features which are expected to affect evaporative emissions. Each group of vehicles with similar features shall be defined as a separate evaporative emission family.</P> <P>(13) For gasoline-fueled or methanol-fueled heavy-duty vehicles to be classified in the same evaporative emission family, vehicles must be identical with respect to:</P> <P>(i) Method of fuel/air metering (i.e., carburetion versus fuel injection).</P> <P>(ii) Carburetor bowl fuel volume, within a 10 cc range.</P> <P>(14) For vehicles equipped with gasoline-fueled and methanol-fueled heavy-duty engines to be classified in the same evaporative emission control system, vehicles must be identical with respect to:</P> <P>(i) Method of vapor storage.</P> <P>(ii) Method of carburetor sealing.</P> <P>(iii) Method of air cleaner sealing.</P> <P>(iv) Vapor storage working capacity, within a 20g range.</P> <P>(v) Number of storage devices.</P> <P>(vi) Method of purging stored vapors.</P> <P>(vii) Method of venting the carburetor during both engine off and engine operation.</P> <P>(viii) Liquid fuel hose material.</P> <P>(ix) Vapor storage material.</P> <P>(15) Where vehicles equipped with gasoline-fueled or methanol-fueled heavy-duty engines are types which cannot be divided into evaporative emission family-control system combinations based on the criteria listed above, the Administrator will establish evaporative emission family-control system combinations for those vehicles based on features most related to their evaporative emission characteristics.</P> <P>(16) No 1992 or later model year heavy-duty engine which is to be used to generate emission credits for 1992 and later banking, trading and averaging programs may also utilize nonconformance penalties (NCPs). Use of an NCP thus becomes an engine family criterion.</P> <P>(i) Use of either a NO<E T="52">X</E> or a particulate matter NCP by an engine family precludes that family from generating either NO<E T="52">X</E> or particulate matter emission credits.</P> <P>(ii) If a manufacturer desires to use both banked credits and NCPs on an engine family, two separate engine families must be established. One engine family must consist of engines certified for only credit use following the procedure specified in this subpart. The other engine family must be certified for only NCP use following the procedure as specified in 40 CFR part 86, subpart L.</P> <P>(b) <E T="03">Emission data</E>—(1) <E T="03">Emission-data vehicles.</E> Paragraph (b)(1) of this section applies to light-duty vehicle and light-duty truck emission-data vehicles.</P> <P>(i) Vehicles will be chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle will be selected based on the following criteria: The Administrator shall select the vehicle with the heaviest equivalent test weight (including options) within the family. Then within that vehicle the Administrator shall select, in the order listed, the highest road-load <PRTPAGE P="176"/>power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration.</P> <P>(ii) The Administrator shall select one additional test vehicle from within each engine family. The vehicle selected shall be the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. If all vehicles within the engine family are similar the Administrator may waive the requirements of this paragraph.</P> <P>(iii) Within an engine family and exhaust emission control system, the manufacturer may alter any emission-data vehicle (or other vehicles such as including current or previous model year emission-data vehicles, fuel economy data vehicles, and development vehicles provided they meet emission-data vehicles' protocol) to represent more than one selection under paragraph (b)(1) (i), (ii), (iv), or (vii) of this section.</P> <P>(iv) If the vehicles selected in accordance with paragraphs (b)(1) (i) and (ii) of this section do not represent each engine-system combination, then one vehicle of each engine-system combination not represented will be selected by the Administrator. The vehicle selected shall be the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family.</P> <P>(v) For high-altitude exhaust emission compliance for each engine family, the manufacturer shall follow one of the following procedures:</P> <P>(A) The manufacturer will select for testing under high-altitude conditions the vehicle expected to exhibit the highest emissions from the nonexempt vehicles selected in accordance with paragraphs (b)(1) (ii), (iii), and (iv) of this section or,</P> <P>(B) In lieu of testing vehicles according to paragraph (b)(1)(v)(A) of this section, a manufacturer may provide a statement in its application for certification that, based on the manufacturer's engineering evaluation of such high-altitude emission testing as the manufacturer deems appropriate,</P> <P>(<E T="03">1</E>) That all light-duty vehicles not exempt under § 86.090-8(h) comply with the emission standards at high altitude; and</P> <P>(<E T="03">2</E>) That light-duty trucks sold for principal use at designated high-altitude locations comply with the high-altitude emission requirements and that all light-duty trucks sold at low altitude, which are not exempt under § 86.091-9(g)(2), are capable of being modified to meet high-altitude standards.</P> <P>(vi) If 90 percent or more of the engine family sales will be in California, a manufacturer may substitute emission-data vehicles selected by the California Air Resources Board criteria for the selections specified in paragraphs (b)(1) (i), (ii), and (iv) of this section.</P> <P>(vii)(A) Vehicles of each evaporative emission family will be divided into evaporative emission control systems.</P> <P>(B) The Administrator will select the vehicle expected to exhibit the highest evaporative emissions, from within each evaporative family to be certified, from among the vehicles represented by the exhaust emission-data selections for the engine family, unless evaporative testing has already been completed on the vehicle expected to exhibit the highest evaporative emissions for the evaporative family as part of another engine family's testing.</P> <P>(C) If the vehicles selected in accordance with paragraph (b)(1)(vii)(B) of this section do not represent each evaporative emission control system then the Administrator will select the highest expected evaporative emission vehicle from within the unrepresented evaporative system.</P> <P>(viii) For high-altitude evaporative emission compliance for each evaporative emission family, the manufacturer shall follow one of the following procedures:</P> <P>(A) The manufacturer will select for testing under high-altitude conditions the one nonexempt vehicle previously selected under paragraphs (b)(1)(vii) (B) or (C) of this section which is expected to have the highest level of evaporative emissions when operated at high altitude or</P> <P>(B) In lieu of testing vehicles according to paragraph (b)(1)(viii)(A) of this section, a manufacturer may provide a <PRTPAGE P="177"/>statement in its application for certification that based on the manufacturer's engineering evaluation of such high-altitude emission testing as the manufacturer deems appropriate,</P> <P>(<E T="03">1</E>) That all light-duty vehicles not exempt under § 86.090-8(h) comply with the emission standards at high altitude, and</P> <P>(<E T="03">2</E>) That light-duty trucks sold for principal use at designated high-altitude locations comply with the high-altitude emission requirements and that all light-duty trucks sold at low-altitude, which are not exempt under § 86.091-9(g)(2), are capable of being modified to meet high-altitude standards.</P> <P>(ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section may be used to satisfy the requirements of (b)(1)(viii)(A) of this section.</P> <P>(x) <E T="03">Light-duty trucks only:</E> (A) The manufacturer may reconfigure any of the low-altitude emission-data vehicles to represent the vehicle configuration required to be tested at high altitude.</P> <P>(B) The manufacturer is not required to test the reconfigured vehicle at low altitude.</P> <P>(2) <E T="03">Otto-cycle heavy-duty emission-data engines.</E> Paragraph (b)(2) of this section applies to Otto-cycle heavy-duty engines.</P> <P>(i)-(ii) [Reserved]</P> <P>(iii) The Administrator shall select a maximum of two engines within each engine family based upon features indicating that they may have the highest emission levels of the engines in the engine family as follows:</P> <P>(A) The Administrator shall select one emission-data engine first based on the largest displacement within the engine family. Then within the largest displacement the Administrator shall select, in the order listed, highest fuel flow at the speed of maximum rated torque, the engine with the most advanced spark timing, no EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.</P> <P>(B) The Administrator shall select one additional engine, from within each engine family. The engine selected shall be the engine expected to exhibit the highest emissions of those engines remaining in the engine family. If all engines within the engine family are similar the Administrator may waive the requirements of this paragraph.</P> <P>(iv) If the engines selected in accordance with paragraph (b)(2) (ii) and (iii) of this section do not represent each engine displacement-exhaust emission control system combination, then one engine of each engine displacement-exhaust emission control system combination not represented shall be selected by the Administrator.</P> <P>(v) Within an engine family/displacement/control system combination, the manufacturer may alter any emission-data engine (or other engine including current or previous model year emission-data engines and development engines provided they meet the emission-data engines' protocol) to represent more than one selection under paragraph (b)(2)(iii) of this section.</P> <P>(3) <E T="03">Diesel heavy-duty emission-data engines.</E> Paragraph (b)(3) of this section applies to diesel heavy-duty emission-data vehicles.</P> <P>(i) Engines will be chosen to be run for emission data based upon engine family groupings. Within each engine family, the requirements of this paragraph must be met.</P> <P>(ii) Engines of each engine family will be divided into groups based upon their exhaust emission control systems. One engine of each system combination shall be run for smoke emission data and gaseous emission data. Either the complete gaseous emission test or the complete smoke test may be conducted first. Within each combination, the engine that features the highest fuel feed per stroke, primarily at the speed of maximum rated torque and secondarily at rated speed, will usually be selected. If there are military engines with higher fuel rates than other engines in the same engine system combinations, then one military engine shall also be selected. The engine with the highest fuel feed per stroke will usually be selected.</P> <P>(iii) The Administrator may select a maximum of one additional engine within each engine-system combination based upon features indicating that it may have the highest emission levels of the engines of that combination. In selecting this engine, the Administrator will consider such features <PRTPAGE P="178"/>as the injection system, fuel system, compression ratio, rated speed, rated horsepower, peak torque speed, and peak torque.</P> <P>(iv) Within an engine family control system combination, the manufacturer may alter any emission-data engine (or other engine including current or previous model year emission-data engines and development engines provided they meet the emission-data engines' protocol) to represent more than one selection under paragraph (b)(3)(ii) and (iii) of this section.</P> <P>(c) <E T="03">Durability data—</E>(1) <E T="03">Light-duty vehicle durability-data vehicles.</E> Paragraph (c)(1) of this section applies to light-duty vehicle durability-data vehicles.</P> <P>(i) A durability-data vehicle will be selected by the Administrator to represent each engine-system combination. The vehicle selected shall be of the engine displacement with the largest projected sales volume of vehicles with that control-system combination in that engine family and will be designated by the Administration as to transmission type, fuel system, inertia weight class, and test weight.</P> <P>(ii) A manufacturer may elect to operate and test additional vehicles to represent any engine-system combination. The additional vehicles must be of the same engine displacement, transmission type, fuel system and inertia weight class as the vehicle selected for that engine-system combination in accordance with the provisions of paragraph (c)(1)(i) of this section. Notice of an intent to operate and test additional vehicles shall be given to the Administrator no later than 30 days following notification of the test fleet selection.</P> <P>(2) <E T="03">Light-duty trucks.</E> Paragraph (c)(2) of this section applies to vehicles, engines, subsystems, or components used to establish exhaust emission deterioration factors for light-duty trucks.</P> <P>(i) The manufacturer shall select the vehicles, engines, subsystems, or components to be used to determine exhaust emission deterioration factors for each engine-family control system combination. Whether vehicles, engines, subsystems, or components are used, they shall be selected so that their emissions deterioration characteristics may be expected to represent those of in-use vehicles, based on good engineering judgment.</P> <P>(ii) [Reserved]</P> <P>(3) <E T="03">Heavy-duty engines.</E> Paragraph (c)(3) of this section applies to engines, subsystems, or components used to establish exhaust emission deterioration factors for heavy-duty engines.</P> <P>(i) The manufacturer shall select the engines, subsystems, or components to be used to determine exhaust emission deterioration factors for each engine-family control system combination. Whether engines, subsystems, or components are used, they shall be selected so that their emissions deterioration characteristics may be expected to represent those of in-use engines, based on good engineering judgment.</P> <P>(ii) [Reserved]</P> <P>(d) For purposes of testing under § 86.092-26 (a)(9) or (b)(11), the Administrator may require additional emission-data vehicles (or emission-data engines) and durability-data vehicles (light-duty vehicles only) identical in all material respects to vehicles (or engines) selected in accordance with paragraphs (b) and (c) of this section, <E T="03">Provided</E> That the number of vehicles (or engines) selected shall not increase the size of either the emission-data fleet or the durability-data fleet by more than 20 percent or one vehicle (or engine), whichever is greater.</P> <P>(e)(1) [Reserved]</P> <P>(2) Any manufacturer may request to certify engine families with combined total sales of fewer than 10,000 light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines utilizing the procedures contained in § 86.092-14 of this subpart for emission-data vehicle selection and determination of deterioration factors. The deterioration factors shall be applied only to entire engine families.</P> <P>(f) In lieu of testing an emission-data or durability-data vehicle (or engine) selected under paragraph (b) or (c) of this section, and submitting data therefore, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data and/or fuel evaporative emission data, as applicable on a similar vehicle (or engine) for which certification has previously been obtained or for which all applicable data required under <PRTPAGE P="179"/>§ 86.091-23 has previously been submitted.</P> <P>(g)(1) This paragraph applies to light-duty vehicles and light-duty trucks, but does not apply to the production vehicles selected under paragraph (h) of this section.</P> <P>(2)(i) Where it is expected that more than 33 percent of a carline, within an engine-system combination, may be equipped with an item (whether that item is standard equipment or an option), the full estimated weight of that item shall be included in the curb weight computation of each vehicle available with that item in that carline, within that engine-system combination.</P> <P>(ii) Where it is expected that 33 percent or less of the carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option), no weight for that item will be added in computing the curb weight for any vehicle in that carline, within that engine-system combination, unless that item is standard equipment on the vehicle.</P> <P>(iii) In the case of mutually exclusive options, only the weight of the heavier option will be added in computing the curb weight.</P> <P>(iv) Optional equipment weighing less than three pounds per item need not be considered.</P> <P>(3)(i) Where it is expected that more than 33 percent of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, then such items shall actually be installed (unless excluded under paragraph (g)(3)(ii) of this section) on all emission-data and durability-data vehicles of that carline, within that engine-system combination, on which the items are intended to be offered in production. Items that can reasonably be expected to influence emissions are: air conditioning, power steering, power brakes, and other items determined by the Administrator.</P> <P>(ii) If the manufacturer determines by test data or engineering evaluation that the actual installation of the optional equipment required by paragraph (g)(3)(i) of this section does not affect the emissions or fuel economy values, the optional equipment need not be installed on the test vehicle.</P> <P>(iii) The weight of the options shall be included in the design curb weight and also be represented in the weight of the test vehicles.</P> <P>(iv) The engineering evaluation, including any test data, used to support the deletion of optional equipment from test vehicles, shall be maintained by the manufacturer and shall be made available to the Administrator upon request.</P> <P>(4) Where it is expected that 33 percent or less of a carline within an engine-system combination will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item shall not be installed on any emission-data vehicle or durability-data vehicle of that carline, within that engine-system combination, unless that item is standard equipment on that vehicle or specifically required by the Administrator.</P> <P>(h) <E T="03">Alternative Durability Program durability-data vehicles.</E> This section applies to light-duty vehicle and light-duty truck durability-data vehicles selected under the Alternative Durability Program described in § 86.085-13.</P> <P>(1) To update the durability data to be used to determine a deterioration factor for each engine family group, the Administrator will select durability-data vehicles from the manufacturer's production line. Production vehicles will be selected from each model year's production for those vehicles certified using the Alternative Durability Program procedures.</P> <P>(i) The Administrator shall select the production durability-data vehicle designs from the designs that the manufacturer offers for sale. For each model year and for each engine family group, the Administrator may select production durability-data vehicle designs of equal number to the number of engine families within the engine family group, up to a maximum of three vehicles.<PRTPAGE P="180"/> </P> <P>(ii) The production durability-data vehicles representing the designs selected in paragraph (h)(1)(i) of this section will be randomly selected from the manufacturer's production. The Administrator will make these random selections unless the manufacturer (with prior approval of the Administrator) elects to make the random selections.</P> <P>(iii) The manufacturer may select additional production durability-data vehicle designs from within the engine family group. The production durability-data vehicles representing these designs shall be randomly selected from the manufacturer's production in accordance with paragraph (h)(1)(ii) of this section.</P> <P>(iv) For each production durability-data vehicle selected under paragraph (h)(1) of this section, the manufacturer shall provide to the Administrator (before the vehicle is tested or begins service accumulation) the vehicle identification number. Before the vehicle begins service accumulation the manufacturer shall also provide the Administrator with a description of the durability-data vehicle as specified by the Administrator.</P> <P>(v) In lieu of testing a production durability-data vehicle selected under paragraph (h)(1) of this section, and submitting data therefrom, a manufacturer may, with the prior written approval of the Administrator, submit exhaust emission data from a production vehicle of the same configuration for which all applicable data has previously been submitted.</P> <P>(2) If, within an existing engine family group, a manufacturer requests to certify vehicles of a new design, engine family, emission control system, or with any other durability-related design difference, the Administrator will determine if the existing engine family group deterioration factor is appropriate for the new design. If the Administrator cannot make this determination or deems the deterioration factor not appropriate, the Administrator shall select preproduction durability-data vehicles under the provisions of paragraph (c) of this section. If vehicles are then certified using the new design, the Administrator may select production vehicles with the new design under the provisions of paragraph (h)(1) of this section.</P> <P>(3) If a manufacturer requests to certify vehicles of a new design that the Administrator determines are a new engine family group, the Administrator shall select preproduction durability-data vehicles under the provisions of paragraph (c) of this section. If vehicles are then certified using the new design, the Administrator may select production vehicles of that design under the provisions of paragraph (h)(1) of this section.</P> <CITA>[55 FR 7190, Feb. 28, 1990, as amended at 55 FR 30626, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-26</SECTNO> <SUBJECT>Mileage and service accumulation; emission measurements.</SUBJECT> <P>(a)(1) Paragraph (a) of this section applies to light-duty vehicles.</P> <P>(2) The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respect emission tests at higher loaded vehicle weight.</P> <P>(3) <E T="03">Emission-data vehicles.</E> Unless otherwise provided for in § 86.091-23(a), emission-data vehicles shall be operated and tested as follows:</P> <P>(i) <E T="03">Otto-cycle.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage <PRTPAGE P="181"/>must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission-data vehicle selections under § 86.092-24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with § 86.092-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-87(c). Complete exhaust and evaporative (if required) emission tests shall be conducted for each emission-data vehicle selection under § 86.092-24(b)(1). The Administrator may determine under § 86.092-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.092-24(b)(1)(v) or (viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emissions tests for emission-data vehicle(s) selected for testing under § 86.092-24(b)(1) (i), (ii), (iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing under low-altitude conditions.</P> <P>(D) For each engine family, the manufacturer will either select one vehicle previously selected under § 86.092-24(b)(1) (i) through (iv) to be tested under high-altitude conditions or provide a statement in accordance with § 86.092-24(b)(1)(v). Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. In addition, any emission control device used to conform with the emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.</P> <P>(4)(i) <E T="03">Durability data vehicles.</E> (A) Unless otherwise provided for in § 86.091-23(a), each durability-data vehicle shall be driven, with all emission control systems installed and operating, for 50,000 miles or such lesser distance as the Administrator may agree to as meeting the objective of this procedure.</P> <P>(B) Complete exhaust emission tests shall be made at test point mileage intervals that the manufacturer determines.</P> <P>(C) At a minimum, two complete exhaust emission tests shall be made. The first test shall be made at a distance not greater than 6,250 miles. The last shall be made at 50,000 miles.</P> <P>(D) The mileage interval between test points must be of equal length except for the interval between zero miles and the first test, and any interval before or after testing conducted in conjunction with vehicle maintenance as specified in § 86.090-25(g)(2).</P> <P>(ii) The manufacturer may, at its option, alter the durability-data vehicle at the selected test point to represent emission-data vehicle(s) within the same engine-system combination and perform emission tests on the altered vehicle. Upon completion of emission testing, the manufacturer may return the test vehicle to the durability-data vehicle con-fig-u-ra-tion and continue mileage accumulation.</P> <P>(5)(i) All tests required by this subpart on emission-data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (a)(3) of this section.</P> <P>(ii) All tests required by this subpart on durability-data vehicles shall be conducted within 250 miles of each of the test points.</P> <P>(6)(i)(A) The manufacturer may conduct multiple tests at any test point at which the data are intended to be used in the deterioration factor. At each test point where multiple tests are conducted, the test results from all valid tests shall be averaged to determine the data point to be used in the deterioration factor calculation, except under paragraph (a)(6)(i)(B) of this section. The test results from emission tests performed before maintenance affecting emissions shall not be averaged with test results after the maintenance.</P> <P>(B) The manufacturer is not required to average multiple tests if the manufacturer conducts no more than three <PRTPAGE P="182"/>tests at each test point and if the number of tests at each test point is equal. All test points must be treated the same for all exhaust pollutants.</P> <P>(ii) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.091-23. Where the Administrator conducts a test on a durability-data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.</P> <P>(iii) The results of all emission tests shall be rounded, using the “Rounding Off Method” specified in ASTM E 29-67, to the number of places to the right of the decimal point indicated by expressing the applicable emission standard of this subpart to one additional significant figure.</P> <P>(7) Whenever a manufacturer intends to operate and test a vehicle which may be used for emission or durability data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle alterations to represent other vehicle selections. For emission-data vehicles, this information shall be submitted, including the vehicle description and specification information required by the Administrator, to the Administrator following the emission-data test. For durability-data vehicles, this information shall be submitted following the 5,000-mile test.</P> <P>(8) Once a manufacturer submits the information required in paragraphs (a)(7) of this section for a durability-data vehicle, the manufacturer shall continue to run the vehicle to 50,000 miles, and the data from the vehicle will be used in the calculations under § 86.091-28. Discontinuation of a durability-data vehicle shall be allowed only with the consent of the Administrator.</P> <P>(9)(i) The Administrator may elect to operate and test any test vehicle during all or any part of the mileage accumulation and testing procedure. In such cases, the manufacturer shall provide the vehicle(s) to the Administrator with all information necessary to conduct this testing.</P> <P>(ii) The test procedures in §§ 86.106 through 86.145 will be followed by the Administrator. The Administrator will test the vehicles at each test point. Maintenance may be performed by the manufacturer under such conditions as the Administrator may prescribe.</P> <P>(iii) The data developed by the Administrator for the engine-system combination shall be combined with any applicable data supplied by the manufacturer on other vehicles of that combination to determine the applicable deterioration factors for the combination. In the case of a significant discrepancy between data developed by the Administrator and that submitted by the manufacturer, the Administrator's data shall be used in the determination of deterioration factors.</P> <P>(10) Emission testing of any type with respect to any certification vehicle other than that specified in this part is not allowed except as such testing may be specifically authorized by the Administrator.</P> <P>(11) This section does not apply to testing conducted to meet the requirements of § 86.091-23(b)(2).</P> <P>(b)(1) Paragraph (b) of this section applies to light-duty trucks.</P> <P>(2) There are three types of mileage or service accumulation applicable to light-duty trucks:</P> <P>(i) Mileage or service accumulation on vehicles, engines, subsystems, or components selected by the manufacturer under § 86.092-24(c)(2)(i). The manufacturer determines the form and extent of this mileage or service accumulation, consistent with good engineering practice, and describes it in the application for certification.</P> <P>(ii) Mileage accumulation of the duration selected by the manufacturer on emission-data vehicles selected under <PRTPAGE P="183"/>§ 86.092-24(b)(1). The procedure for mileage accumulation will be the Durability Driving Schedule as specified in appendix IV to this part. A modified procedure may also be used if approved in advance by the Administrator. Except with the advance approval of the Administrator, all vehicles will accumulate mileage at a measured curb weight which is within 100 pounds of the estimated curb weight. If the loaded vehicle weight is within 100 pounds of being included in the next higher inertia weight class as specified in § 86.129, the manufacturer may elect to conduct the respective emission tests at the test weight corresponding to the higher loaded vehicle weight.</P> <P>(iii) Service or mileage accumulation which may be part of the test procedures used by the manufacturer to establish evaporative emission deterioration factors.</P> <P>(3) Exhaust emission deterioration factors will be determined on the basis of the mileage or service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.</P> <P>(4) Each emission-data vehicle shall be operated and tested as follows:</P> <P>(i) <E T="03">Otto-cycle.</E> (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission-data vehicle selections under § 86.092-24(b)(1) shall be equipped with an engine and emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with § 86.092-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-87(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle selection under § 86.092-24(b)(1). The Administrator may determine under § 86.092-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.092-24 (b)(1)(v) or (b)(1)(viii) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometers (4,000 miles) under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.092-24(b)(1) (ii), (iii), (iv)(A), or (vii)(B) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at 6,436 kilometer (4,000 mile) test point under low-altitude conditions.</P> <P>(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.092-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.</P> <P>(ii) <E T="03">Diesel</E>. (A) The manufacturer shall determine, for each engine family, the mileage at which the engine-system combination is stabilized for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 4,000 miles on each test vehicle within an engine family without making a determination. The manufacturer must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an engine family. All test vehicle mileage must be accurately determined, recorded, and reported to the Administrator. Any vehicle used to represent emission-data vehicle selections under § 86.092-24(b)(1) shall be equipped with an engine and <PRTPAGE P="184"/>emission control system that has accumulated the mileage the manufacturer chose to accumulate on the test vehicle. Fuel economy data generated from certification vehicles selected in accordance with § 86.092-24(b)(1) with engine-system combinations that have accumulated more than 10,000 kilometers (6,200 miles) shall be factored in accordance with § 600.006-87(c). Complete exhaust emission tests shall be conducted for each emission-data vehicle selection under § 86.092-24(b)(1). The administrator may determine under § 86.092-24(f) that no testing is required.</P> <P>(B) Emission tests for emission-data vehicle(s) selected for testing under § 86.092-24 (b)(1)(v) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under high-altitude conditions.</P> <P>(C) Exhaust and evaporative emission tests for emission-data vehicle(s) selected for testing under § 86.092-24 (b)(1) (ii), (iii), and (iv) shall be conducted at the mileage (2,000 mile minimum) at which the engine-system combination is stabilized for emission testing or at the 6,436 kilometer (4,000 mile) test point under low-altitude conditions.</P> <P>(D) If the manufacturer recommends adjustments or modifications in order to conform to emission standards at high altitude, such adjustments or modifications shall be made to the test vehicle selected under § 86.092-24(b)(1) (v) and (viii) (in accordance with the instructions to be provided to the ultimate purchaser) before being tested under high-altitude conditions.</P> <P>(iii) [Reserved]</P> <P>(iv) All tests required by this subpart on emission-data vehicles shall be conducted at a mileage equal to or greater than the mileage the manufacturer determines under paragraph (b)(4) of this section.</P> <P>(c)(1) Paragraph (c) of this section applies to heavy-duty engines.</P> <P>(2) There are two types of service accumulation applicable to heavy-duty engines:</P> <P>(i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.092-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification.</P> <P>(ii) Dynamometer service accumulation on emission-data engines selected under § 86.092-24 (b)(2) or (b)(3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations.</P> <P>(3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in paragraph (b)(2)(i) of this section and related testing, according to the manufacturer's procedures.</P> <P>(4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized (no less than 62 hours for catalyst equipped) for emission-data testing. The manufacturer shall maintain, and provide to the Administrator if requested a record of the rationale used in making this determination. The manufacturer may elect to accumulate 125 hours on each test engine within an engine family without making a determination. Any engine used to represent emission-data engine selections under § 86.092-24(b)(2) shall be equipped with an engine system combination that has accumulated at least the number of hours determined under this paragraph. Complete exhaust emission tests shall be conducted for each emission-data engine selection under § 86.092-24(b)(2). Evaporative emission controls need not be connected provided normal operating conditions are maintained in the engine induction system. The Administrator may determine under § 86.092-24(f) that no testing is required.</P> <P>(d)(1) Paragraph (d) of this section applies to both light-duty trucks and heavy-duty engines.</P> <P>(2)(i) The results of all emission testing shall be supplied to the Administrator. The manufacturer shall furnish to the Administrator explanation for voiding any test. The Administrator will determine if voiding the test was appropriate based upon the explanation <PRTPAGE P="185"/>given by the manufacturer for the voided test. Tests between test points may be conducted as required by the Administrator. Data from all tests (including voided tests) may be submitted weekly to the Administrator, but shall be air posted or delivered to the Administrator within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Administrator in accordance with § 86.092-23. Where the Administrator conducts a test on a durability-data vehicle at a prescribed test point, the results of that test will be used in the calculation of the deterioration factor.</P> <P>(ii) The results of all emission tests shall be recorded and reported to the Administrator. These test results shall be rounded, in accordance with ASTM E 29-67, to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure.</P> <P>(3) Whenever a manufacturer intends to operate and test a vehicle (or engine) which may be used for emission data, the manufacturer shall retain in its records all information concerning all emissions tests and maintenance, including vehicle (or engine) alterations to represent other vehicle (or engine) selections. This information shall be submitted, including the vehicle (or engine) description and specification information required by the Administrator, to the Administrator following the emission-data test.</P> <P>(4)-(5) [Reserved]</P> <P>(6) Emission testing of any type with respect to any certification vehicle or engine other than that specified in this subpart is not allowed except as such testing may be specifically authorized by the Administrator.</P> <CITA>[55 FR 7194, Feb. 28, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.092-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <P>(a) The manufacturer of any motor vehicle (or motor vehicle engine) subject to the applicable emission standards (and family emission limits, as appropriate) of this subpart, shall, at the time of manufacture, affix a permanent legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such vehicles (or engines) available for sale to the public and covered by a certificate of conformity under § 86.091-30(a).</P> <P>(1) <E T="03">Light-duty vehicles.</E> (i) A permanent, legible label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacutrer in accordance with the applicable emission standards (or family emission limits, as applicable), including but not limited to idle speeds(s), ignition timing, the idle air-fuel mixture setting procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tuneup and what accessories (e.g., air conditioner), if any, should be in operation;</P> <P>(E) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to light-duty vehicles;</P> <P>(F) For vehicles which are part of the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified;</P> <P>(G) For vehicles that have been exempted from compliance with the emission standards at high altitude, as specified in § 86.090-8(h):<PRTPAGE P="186"/> </P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscored or boldface letters) that the vehicle is certified to applicable emission standards at low altitude only;</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude, and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at high altitude; and</P> <P>(H) For vehicles that have been exempted from compliance with the emission standards at low altitude, as specified in § 86.090-8(i):</P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscore or boldface letters) that the vehicle is certified to applicable emission standards at high altitude only; and</P> <P>(<E T="03">2</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at low altitude.</P> <P>(I) The vacuum hose routing diagram applicable to the vehicles if the vehicles are equipped with vacuum actuated emission and emission-related components. The manufacturer may, at its option, use a separate label for the vacuum hose routing diagram provided that the vacuum hose diagram is placed in a visible and accessible position as provided in this section.</P> <P>(J) Vehicles granted final admission under § 85.1505 must comply with the labeling requirements contained in § 85.1510.</P> <P>(2) <E T="03">Light-duty truck and heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions.</E> (i) A legible, permanent label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label.</P> <P>(A) The label heading: Important Vehicle Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters) and engine family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the applicable emission standards (or family emission limits, as appropriate), including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing, and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tuneup and what accessories (e.g., air conditioner), if any, should be in operation. If adjustments or modifications to the vehicle are necessary to insure compliance with emission standards (or family emission limits, as appropriate) at either high or low altitude, the manufacturer shall either include the instructions for such adjustments on the label, or indicate on the label where instructions for such adjustments may be found. The label shall indicate whether the engine tune-up or adjustment specifications are applicable to high altitude, low altitude, or both;</P> <P>(E)(<E T="03">1</E>) <E T="03">Light-duty trucks.</E> One of the prominent statements, as applicable:</P> <P>(<E T="03">i</E>) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.12 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Light-Duty Trucks.”</P> <P>(<E T="03">ii</E>) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.7 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Light-Duty Trucks with a curb weight greater than 3,450 pounds.”</P> <P>(<E T="03">2</E>) <E T="03">Heavy-duty vehicles optionally certified in accordance with the light-duty <PRTPAGE P="187"/>truck provisions.</E> “This heavy-duty vehicle conforms to the U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year Light-Duty Trucks under the special provision of 40 CFR 86.092-1(b).”</P> <P>(F) If the manufacturer is provided an alternate useful life period under the provisions of § 86.091-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of <E T="72">___</E> years or <E T="72">___</E> miles of operation, whichever occurs first. This vehicle's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than years or miles (e.g., hours, or miles only).</P> <P>(G) A statement, if applicable, that the adjustments or modifications indicated on the lable are necessary to ensure emission control compliance at the altitude specified.</P> <P>(H) A statement, if applicable, that the high-altitude vehicle was designated or modified for principal use at high altitude. This statement must be affixed by the manufacturer at the time of assembly or by any dealer who performs the high-altitude modification or adjustment prior to sale to an ultimate purchaser.</P> <P>(I) For vehicles that have been exempted from compliance with the high-altitude emission standards, as specified in § 86.091-9(g)(2).</P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscored or boldface letters) that the vehicle is certified to applicable emission standards at low altitude only.</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude, and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at high altitude:</P> <P>(J) For vehicles which are included in the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified.</P> <P>(K) For vehicles which are included in the light-duty truck NO<E T="52">X</E> averaging program, the family NO<E T="52">X</E> emissions limit to which the vehicle is certified.</P> <P>(L) The vacuum hose routing diagram applicable to the vehicles if the vehicles are equipped with vacuum actuated emission and emission-related components. The manufacturer may, at its option, use a separate label for the vacuum hose routing diagram provided that the vacuum hose diagram is placed in a visible and accessible position as provided by this section.</P> <P>(M) Vehicles granted final admission under § 85.1505 must comply with the labeling requirements contained in § 85.1510.</P> <P>(3) <E T="03">Heavy-duty engines.</E> (i) A permanent legible label shall be affixed to the engine in a position in which it will be readily visible after installation in the vehicle.</P> <P>(ii) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Important Engine Information.</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters) and engine family and model designations;</P> <P>(D) Date of engine manufacture (month and year). The manufacturer may, in lieu of including the date of manufacture on the engine label, maintain a record of the engine manufacture dates. The manufacturer shall provide the date of manufacture records to the Administrator upon request.</P> <P>(E) Engine specifications and adjustments as recommended by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (e.g., air conditioner), if any, should be in operation;</P> <P>(F) For Otto-cycle engines the label should include the idle speed, ignition timing, and the idle air-fuel mixture setting procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and valve lash;</P> <P>(G) For diesel engines the label should include the advertised hp at <PRTPAGE P="188"/>rpm, fuel rate at advertised hp in mm<SU>3</SU>/stroke, valve lash, initial injection timing, and idle speed;</P> <P>(H) The prominent statement: “This engine conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Heavy-Duty Engines.”</P> <P>(I) If the manufacturer is provided with an alternate useful life period under the provisions of § 86.901-21(f), the prominent statement: “This engine has been certified to meet U.S. EPA standards for a useful-life period of <E T="72">___</E> miles or <E T="72">___</E> hours of operation, whichever occurs first. This engine's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than miles or hours (e.g., years, or hours only).</P> <P>(J) <E T="03">For diesel engines.</E> The prominent statement: “This engine has a primary intended service application as a <E T="72">___</E> heavy-duty engine.” (The primary intended service applications are light, medium, and heavy, as defined in § 86.902-2.)</P> <P>(K) <E T="03">For Otto-cycle engines.</E> One of the following statements, as applicable:</P> <P>(<E T="03">1</E>) For engines certified to the emission standards under § 86.091-10 (a)(1) (i) or (iii), the statement: “This engine is certified for use in all heavy-duty vehicles.”</P> <P>(<E T="03">2</E>) for gasoline-fueled engines certified under the provisions of § 86.091-10(a)(3)(i), the statement: “This engine is certified for use in all heavy-duty vehicles under the special provision of 40 CFR § 86.091-10(a)(3)(i).”</P> <P>(<E T="03">3</E>) For engines certified to the emission standards under § 86.091-10 (a)(1) (ii) or (iv), the statement: “This engine is certified for use only in heavy-duty vehicles with a gross vehicle weight rating above 14,000 lbs.”</P> <P>(L) For all heavy-duty engines which are included in diesel heavy-duty particulate trading, banking or averaging programs, the particulate family emission limit to which the engine is certified.</P> <P>(M) For all heavy-duty engines which are included in NO<E T="52">X</E> trading, banking or averaging programs, the NO<E T="52">X</E> family emission limit to which the engine is certified.</P> <P>(N) Engines granted final admission under § 85.1505 must comply with the labeling requirements contained in § 85.1510.</P> <P>(iv) The label may be made up of one or more pieces: <E T="03">Provided,</E> That all pieces are permanently attached to the same engine or vehicle part as applicable.</P> <P>(4)(i) <E T="03">Gasoline-fueled and methanol-fueled heavy-duty vehicles.</E> A permanent, legible label shall be affixed in a readily visible position in the engine compartment. If such vehicles do not have an engine compartment, the label required in paragraphs (a)(4) and (g)(1) of this section shall be affixed in a readily visible position on the operator's enclosure or on the engine.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Evaporative family identification;</P> <P>(D) The maximum nominal fuel tank capacity (in gallons) for which the evaporative control system is certified; and,</P> <P>(E) One of the following, as appropriate:</P> <P>(<E T="03">1</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to gasoline-fueled heavy-duty vehicles.</P> <P>(<E T="03">2</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to methanol-fueled heavy-duty vehicles.</P> <P>(F) Vehicles granted final admission under § 85.1505 must comply with the labeling requirements contained in § 85.1510.<PRTPAGE P="189"/> </P> <P>(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle (or engine) conforms to any applicable state emission standards for new motor vehicles (or new motor vehicle engines) or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle (or engine).</P> <P>(c)(1) The manufacturer of any light-duty vehicle or light-duty truck subject to the emission standards (or family emission limits, as appropriate) of this subpart shall, in addition and subsequent to setting forth those statements on the label required by the Department of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT label or an additional label located in proximity to the DOT label and affixed as described in 40 CFR 567.4(b), the following information in the English language, lettered in block letters and numerals not less than three thirty-seconds of an inch high, of a color that contrasts with the background of the label:</P> <P>(i) The heading: “Vehicle Emission Control Information.”</P> <P>(ii)(A) <E T="03">For light-duty vehicles</E>, The statement: “This Vehicle Conforms to U.S. EPA Regulations Applicable to 19<E T="72">__</E> Model Year New Motor Vehicles.”</P> <P>(B) <E T="03">For light-duty trucks</E>, (<E T="03">1</E>) The statement: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Light-Duty Trucks.”</P> <P>(<E T="03">2</E>) If the manufacturer is provided an alternate useful life period under the provisions of § 86.091-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of <E T="72">__</E> years or <E T="72">__</E> miles of operation, whichever occurs first. This vehicle's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than years or miles (e.g., hours, or miles only)</P> <P>(iii) One of the following statements, as applicable, in letters and numerals not less than six thirty-seconds of an inch high and of a color that contrasts with the background of the label:</P> <P>(A) For all vehicles certified as noncatalyst-equipped: “NON-CATALYST”</P> <P>(B) For all vehicles certified as catalyst-equipped which are included in a manufacturer's catalyst control program for which approval has been given by the Administrator: “CATALYST—APPROVED FOR IMPORT”</P> <P>(C) For all vehicles certified as catalyst-equipped which are not included in a manufacturer's catalyst control program for which prior approval has been given by the Administrator: “CATALYST”</P> <P>(2) In lieu of selecting either of the labeling options of paragraph (c)(1) of this section, the manufacturer may add the information required by paragraph (c)(1)(iii) of this section to the label required by paragraph (a) of this section. The required information will be set forth in the manner prescribed by paragraph (c)(1)(iii) of this section.</P> <P>(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions shall have one of the following prominent statements, as applicable, printed on the label required by paragraph (a)(2) of this section in lieu of the statement required by paragraph (a)(2)(iii)(E) of this section.</P> <P>(1) <E T="03">Light-duty trucks.</E> (i) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.2 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Light-Duty Trucks when it does not exceed <E T="72">__</E> pounds in curb weight, <E T="72">__</E> pounds in gross vehicle weight rating, and <E T="72">__</E> square feet in frontal area.”</P> <P>(ii) Labels for light-duty trucks certified to the oxides of nitrogen standards of 1.7 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Light-Duty Trucks when it is between 3,450 pounds and <E T="72">___</E> pounds in curb weight and it does not exceed <E T="72">___</E> pounds in gross vehicle weight rating nor <E T="72">___</E> square feet in frontal area.”<PRTPAGE P="190"/> </P> <P>(2) <E T="03">Heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions.</E> “This heavy-duty vehicle conforms to the U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year Light-Duty Trucks under the special provision of 40 CFR 86.085-1(b) when it does not exceed <E T="72">___</E> pounds in curb weight, <E T="72">___</E> pounds in gross vehicle weight rating, and <E T="72">___</E> square feet in frontal area.”</P> <P>(e) Incomplete heavy-duty vehicles having a gross vehicle weight rating of 8,500 pounds or less shall have one of the following statements printed on the label required by paragraph (a)(3) of this section in lieu of the statement required by paragraph (a)(3)(iii)(H) of this section: “This engine conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year Heavy-Duty Engines when installed in a vehicle completed at a curb weight of more than 6,000 pounds or with a frontal area of greater than 45 square feet.”</P> <P>(f) The manufacturer of any incomplete light-duty vehicle or light-duty truck shall notify the purchaser of such vehicle of any curb weight, frontal area, or gross vehicle weight rating limitations affecting the emission certificate applicable to that vehicle. This notification shall be transmitted in a manner consistent with National Highway Traffic Safety Administration safety notification requirements published in 49 CFR part 568.</P> <P>(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Gasoline-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed <E T="72">___</E> gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.092-35(g)(2).”</P> <P>(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19<E T="72">__</E> Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed <E T="72">___</E> gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).”</P> <P>(2) Persons wishing to add fuel tank capacity beyond the maximum specified on the label required in paragraph (g)(1) of this section shall:</P> <P>(i) Increase the amount of fuel tank vapor storage material according to the following function:</P> <MATH DEEP="27" SPAN="1"> <MID>ER06OC93.009</MID> </MATH> <EXTRACT> <FP>Where:</FP> <FP SOURCE="FP-1">Cap<E T="52">f</E> = final amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-1">Cap<E T="52">i</E> = initial amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-1">T. Vol. = total fuel tank volume of completed vehicle, gallons.</FP> <FP SOURCE="FP-1">Max. Vol. = maximum fuel tank volume as specified on the label required in paragraph (g)(1) of this section, gallons.</FP> </EXTRACT> <P>(ii) Use, if applicable, hosing for fuel vapor routing which is at least as impermeable to hydrocarbon vapors as that used by the primary manufacturer.</P> <P>(iii) Use vapor storage material with the same absorptive characteristics as that used by the primary manufacturer.</P> <P>(iv) Connect, if applicable, any new hydrocarbon storage device to the existing hydrocarbon storage device in series such that the original hydrocarbon storage device is situated between the fuel tank and the new hydrocarbon storage device. The original hydrocarbon storage device shall be sealed such that vapors cannot reach the atmosphere. The elevation of the original hydrocarbon storage device shall be equal to or lower than the new hydrocarbon storage device.</P> <P>(v) Submit a written statement to the Administrator that paragraphs <PRTPAGE P="191"/>(g)(2)(i) through (g)(2)(iv) of this section have been complied with.</P> <P>(3) If applicable, the Administrator will send a return letter verifying the receipt of the written statement required in paragraph (g)(2)(v) of this section.</P> <P>(h)(1) Light-duty trucks and heavy-duty vehicles and engines for which nonconformance penalties are to be paid in accordance with § 86.1113-87(b) shall have the following information printed on the label required in paragraph (a) of this section. The manufacturer shall begin labeling production engines or vehicles within 10 days after the completion of the PCA.</P> <P>(i) The statement: “The manufacturer of this engine/vehicle will pay a nonconformance penalty to be allowed to introduce it into commerce at an emission level higher than the applicable emission standard. The compliance level (or new emission standard) for this engine/vehicle is <E T="72">___</E>.” (The manufacturer shall insert the applicable pollutant and compliance level calculated in accordance with § 86.1112-87(a).)</P> <P>(2) If a manufacturer introduces an engine or vehicle into commerce prior to the compliance level determination of § 86.1112-87(a), it shall provide the engine or vehicle owner with a label as described above to be affixed in a location in proximity to the label required in paragraph (a) of this section within 30 days of the completion of the PCA.</P> <CITA>[55 FR 7197, Feb. 28, 1990, as amended at 55 FR 30627, July 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.093-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.092-2 continue to apply. The definitions listed in this section apply beginning with the 1993 model year.</P> <P> <E T="03">Bus</E> means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers that is centrally fueled, and all urban buses. This definition only applies in the context of §§ 86.093-11 and 86.093-35.</P> <P> <E T="03">Centrally fueled bus</E> means a bus that is refueled at least 75 percent of the time at one refueling facility that is owned, operated, or controlled by the bus operator.</P> <P> <E T="03">Urban bus</E> means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of fifteen or more passengers and intended primarily for intracity operation, <E T="03">i.e.,</E> within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, <E T="03">e.g.,</E> rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines.</P> <CITA>[58 FR 15795, Mar. 24, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.093-11</SECTNO> <SUBJECT>Emission standards for 1993 and later model year diesel heavy-duty engines.</SUBJECT> <P>(a)(1) Exhaust emissions from new 1993 and later model year diesel heavy-duty engines shall not exceed the following:</P> <P>(i)(A) <E T="03">Hydrocarbons (for petroleum-fueled diesel engines).</E> 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled diesel engines).</E> 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), as measured under transient operating conditions.</P> <P>(ii) <E T="03">Carbon monoxide.</E> (A) 15.5 grams per brake horsepower-hour (5.77 grams per megajoule), as measured under transient operating conditions.</P> <P>(B) 0.50 percent of exhaust gas flow at curb idle (methanol-fueled diesel only).</P> <P>(iii) <E T="03">Oxides of nitrogen.</E> (A) 5.0 grams per brake horsepower-hour (1.9 grams per megajoule), as measured under transient operating conditions.</P> <P>(B) A manufacturer may elect to include any or all of its diesel heavy-duty engine families in any or all of the NO<E T="52">X</E> <PRTPAGE P="192"/>averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.091-15. If the manufacturer elects to include engine families in any of the programs, the NO<E T="52">X</E> FELs may not exceed 6.0 grams per brake horsepower-hour (2.2 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(iv) <E T="03">Particulate.</E> (A) For diesel engines to be used in buses, 0.10 grams per brake horsepower-hour (0.037 gram per megajoule), as measured under transient operating conditions.</P> <P>(B) For all other diesel engines only, 0.25 grams per brake horsepower-hour (0.093 gram per megajoule), as measured under transient operating conditions.</P> <P>(C) A manufacturer may elect to include any or all of its diesel heavy-duty engine families in any or all of the particulate averaging, trading, or banking programs for heavy-duty engines, within the restrictions described in § 86.094.15. If the manufacturer elects to include engine families in any of these programs, the particulate FEL may not exceed:</P> <P>(<E T="03">1</E>) 0.25 gram per brake horsepower-hour (0.093 gram per megajoule) for diesel engines intended for use in urban buses.</P> <P>(<E T="03">2</E>) 0.60 gram per brake horsepower-hour (0.22 gram per megajoule) for diesel engines <E T="03">not</E> intended for use in urban buses.</P> <P>(<E T="03">3</E>) The ceiling values in paragraphs (a)(1)(iv)(C) (<E T="03">1</E>) and (<E T="03">2</E>) of this section apply whether credits for the family are derived from averaging, trading or banking programs.</P> <P>(2) The standards set forth in paragraph (a)(1) of this section refer to the exhaust emitted over operating schedules as set forth in paragraph (f)(2) of appendix I of this part, and measured and calculated in accordance with the procedures set forth in subpart N of this part, except as noted in § 86.091-23(c)(2) (i) and (ii).</P> <P>(b)(1) The opacity of smoke emission from new 1993 and later model year diesel heavy-duty engines shall not exceed:</P> <P>(i) 20 percent during the engine acceleration mode.</P> <P>(ii) 15 percent during the engine lugging mode.</P> <P>(iii) 50 percent during the peaks in either mode.</P> <P>(2) The standards set forth in paragraph (b)(1) of this section refer to exhaust smoke emissions generated under the conditions set forth in subpart I of this part and measured and calculated in accordance with those procedures.</P> <P>(3) <E T="03">Evaporative emissions</E> (total of non-oxygenated hydrocarbons plus methanol) for 1993 and later model year heavy-duty vehicles equipped with methanol-fueled diesel engines shall not exceed:</P> <P>(i) For vehicles with Gross Vehicle Weight Rating of up to 14,000 lbs., 3.0 grams per test.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 14,000 lbs., 4.0 grams per test.</P> <P>(4)(i) For vehicles with a Gross Vehicle Weight Rating of up to 26,000 lbs., the standards set forth in paragraph (b)(3) of this section refer to a composite sample of evaporative emission collected under the conditions set forth in subpart M of this part and measured in accordance with those procedures.</P> <P>(ii) For vehicles with a Gross Vehicle Weight Rating of greater than 26,000 lbs., the standard set forth in paragraph (b)(3)(ii) of this section refers to the manufacturers' engineering design evaluation using good engineering practice (a statement of which is required in § 86.091-23(b)(4)(ii)).</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any new 1993 or later model year methanol-fueled diesel, or any naturally-aspirated diesel heavy-duty engine. For petroleum fueled engines only, this provision does not apply to engines using turbocharters, pumps, blowers or superchargers for air induction.</P> <P>(d) Every manufacturer of new motor vehicle engines subject to the standard prescribed in this section shall, prior to taking any of the actions specified in section 203(a)(1) of the Act, test or cause to be tested motor vehicle engines in accordance with applicable procedures in subpart I or N of this part to ascertain that such test engines <PRTPAGE P="193"/>meet the requirements of paragraphs (a), (b), and (c) and (d) of this section.</P> <CITA>[56 FR 64711, Dec. 12, 1991, as amended at 58 FR 15795, Mar. 24, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.093-35</SECTNO> <SUBJECT>Labeling.</SUBJECT> <P>(a) The manufacturer of any motor vehicle (or motor vehicle engine) subject to the applicable emission standards (and family emission limits, as appropriate) of this subpart, shall, at the time of manufacture, affix a permanent legible label, of the type and in the manner described in this section, containing the information hereinafter provided, to all production models of such vehicles (or engines) available for sale to the public and covered by a certificate of conformity under § 86.091-30(a). Where blanks appear in this section, manufacturers are required to fill in the appropriate information in the blanks.</P> <P>(1) <E T="03">Light-duty vehicles.</E> (i) A permanent, legible label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters), engine family identification and evaporative family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the applicable emission standards (or family emission limits, as applicable), including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedures and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tuneup and what accessories (e.g., air conditioner), if any, should be in operation;</P> <P>(E) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations which apply to light-duty vehicles;</P> <P>(F) For vehicles which are part of the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified;</P> <P>(G) For vehicles that have been exempted from compliance with the emission standards at high altitude, as specified in § 86.090-8(h):</P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscored or boldface letters) that the vehicle is certified to applicable emission standards at low altitude only;</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude; and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at high altitude;</P> <P>(H) For vehicles that have been exempted from compliance with the emission standards at low altitude, as specified in § 86.090-8(i):</P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscored or boldface letters) that the vehicle is certified to applicable emission standards at high altitude only; and</P> <P>(<E T="03">2</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at low altitude;</P> <P>(I) The vacuum hose routing diagram applicable to the vehicles if the vehicles are equipped with vacuum actuated emission and emission-related components. The manufacturer may, at its option, use a separate label for the vacuum hose routing diagram provided that the vacuum hose diagram is placed in a visible and accessible position as provided in this section; and</P> <P>(J) Vehicles granted final admission under § 85.1505 must comply with the <PRTPAGE P="194"/>labeling requirements contained in § 85.1510.</P> <P>(2) <E T="03">Light-duty truck and heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions.</E> (i) A legible, permanent label shall be affixed in a readily visible position in the engine compartment.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label.</P> <P>(A) The label heading: Important Vehicle Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters) and engine family identification;</P> <P>(D) Engine tune-up specifications and adjustments, as recommended by the manufacturer in accordance with the applicable emission standards (or family emission limits, as appropriate), including but not limited to idle speed(s), ignition timing, the idle air-fuel mixture setting procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), high idle speed, initial injection timing, and valve lash (as applicable), as well as other parameters deemed necessary by the manufacturer. These specifications should indicate the proper transmission position during tuneup and what accessories (e.g., air conditioner), if any, should be in operation. If adjustments or modifications to the vehicle are necessary to insure compliance with emission standards (or family emission limits, as appropriate) at either high or low altitude, the manufacturer shall either include the instructions for such adjustments on the label, or indicate on the label where instructions for such adjustments may be found. The label shall indicate whether the engine tune-up or adjustment specifications are applicable to high altitude, low altitude, or both;</P> <P>(E)(<E T="03">1</E>) <E T="03">Light-duty trucks.</E> One of the prominent statements, as applicable:</P> <P>(<E T="03">i</E>) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.12 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks.”</P> <P>(<E T="03">ii</E>) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.7 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks with a curb weight greater than 3,450 pounds.”</P> <P>(<E T="03">2</E>) Heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions. “This heavy-duty vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks under the special provision of 40 CFR 86.092-1(b).”;</P> <P>(F) If the manufacturer is provided an alternate useful life period under the provisions of § 86.091-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of __ years or ___ miles of operation, whichever occurs first. This vehicle's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than years or miles (e.g., hours, or miles only);</P> <P>(G) A statement, if applicable, that the adjustments or modifications indicated on the label are necessary to ensure emission control compliance at the altitude specified;</P> <P>(H) A statement, if applicable, that the high-altitude vehicle was designated or modified for principal use at high altitude. This statement must be affixed by the manufacturer at the time of assembly or by any dealer who performs the high-altitude modification or adjustment prior to sale to an ultimate purchaser;</P> <P>(I) For vehicles that have been exempted from compliance with the high-altitude emission standards, as specified in § 86.091-9(g)(2).</P> <P>(<E T="03">1</E>) A highlighted statement (e.g., underscored or boldface letters) that the <PRTPAGE P="195"/>vehicle is certified to applicable emission standards at low altitude only;</P> <P>(<E T="03">2</E>) A statement that the vehicle's unsatisfactory performance under high-altitude conditions makes it unsuitable for principal use at high altitude; and</P> <P>(<E T="03">3</E>) A statement that the emission performance warranty provisions of 40 CFR part 85, subpart V do not apply when the vehicle is tested at high altitude;</P> <P>(J) For vehicles which are included in the diesel particulate averaging program, the family particulate emission limit to which the vehicle is certified;</P> <P>(K) For vehicles which are included in the light-duty truck NO<E T="52">X</E> averaging program, the family NO<E T="52">X</E> emissions limit to which the vehicle is certified;</P> <P>(L) The vacuum hose routing diagram applicable to the vehicles if the vehicles are equipped with vacuum actuated emission and emission-related components. The manufacturer may, at its option, use a separate label for the vacuum hose routing diagram provided that the vacuum hose diagram is placed in a visible and accessible position as provided by this section;</P> <P>(M) Vehicles granted final admission under § 85.1505 of this chapter must comply with the labeling requirements contained in § 85.1510 of this chapter.</P> <P>(3) <E T="03">Heavy-duty engines.</E> (i) A permanent legible label shall be affixed to the engine in a position in which it will be readily visible after installation in the vehicle.</P> <P>(ii) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Important Engine Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Engine displacement (in cubic inches or liters) and engine family and model designations;</P> <P>(D) Date of engine manufacture (month and year). The manufacturer may, in lieu of including the date of manufacture on the engine label, maintain a record of the engine manufacture dates. The manufacturer shall provide the date of manufacture records to the Administrator upon request;</P> <P>(E) Engine specifications and adjustments as recommended by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (e.g., air conditioner), if any, should be in operation;</P> <P>(F) For Otto-cycle engines the label should include the idle speed, ignition timing, and the idle air-fuel mixture setting procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and value lash;</P> <P>(G) For diesel engines the label should include the advertised hp at rpm, fuel rate at advertised hp in mm<SU>3</SU>/stroke, valve lash, initial injection timing, and idle speed;</P> <P>(H) The prominent statement: “This engine conforms to U.S. EPA regulations applicable to 19— Model Year New Heavy-Duty Engines.”;</P> <P>(I) If the manufacturer is provided with an alternate useful life period under the provisions of § 86.901-21(f), the prominent statement: “This engine has been certified to meet U.S. EPA standards for a useful-life period of ___ miles or ___ hours of operation, whichever occurs first. This engine's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than miles or hours (e.g., years, or hours only);</P> <P>(J) For diesel engines. The prominent statement: “This engine has a primary intended service application as a ___ heavy-duty engine.” (The primary intended service applications are light, medium, and heavy, as defined in § 86.902-2.);</P> <P>(K) For Otto-cycle engines. One of the following statements, as applicable:</P> <P>(<E T="03">1</E>) For engines certified to the emission standards under § 86.09--10(a)(1) (i) or (iii), the statement: “This engine is certified for use in all heavy-duty vehicles.”;</P> <P>(<E T="03">2</E>) For gasoline-fueled engines certified under the provisions of § 86.091-10(a)(3)(i), the statement: “This engine <PRTPAGE P="196"/>is certified for use in all heavy-duty vehicles under the special provision of 40 CFR 86.091-10(a)(3)(i).”;</P> <P>(<E T="03">3</E>) For engines certified to the emission standards under § 86.091-10(a)(1) (ii) or (iv), the statement: “This engine is certified for use only in heavy-duty vehicles with a gross vehicle weight rating above 14,000 lbs.”;</P> <P>(L) For all heavy-duty engines which are included in diesel heavy-duty particulate trading, banking or averaging programs, the particulate family emission limit to which the engine is certified;</P> <P>(M) For all heavy-duty engines which are included in NO<E T="52">X</E> trading, banking or averaging programs, the NO<E T="52">X</E> family emission limit to which the engine is certified;</P> <P>(N) Engines granted final admission under § 85.1505 must comply with the labeling requirements contained in § 85.1510; and</P> <P>(O) For diesel engines which have been certified to comply with the particulate standard of 40 CFR 86.093-11(a)(1)(iv)(A), the statement “This engine is certified for use in a bus as defined at 40 CFR 86.093-2.” Unless waived by the Administrator on the basis of impracticality, for diesel engines not certified to comply with the particulate standard 40 CFR 86.093-11(a)(1)(iv)(A), the statement “This engine is not certified for use in a bus as defined at 40 CFR 86.093-2. Sales of this engine for use in a bus is a violation of Federal law under the Clean Air Act.”</P> <P>(iv) The label may be made up of one or more pieces: Provided, That all pieces are permanently attached to the same engine or vehicle part as applicable.</P> <P>(4) <E T="03">Gasoline-fueled and methanol-fueled heavy-duty vehicles</E>. (i) A permanent, legible label shall be affixed in a readily visible position in the engine compartment. If such vehicles do not have an engine compartment, the label required in paragraphs (a)(4) and (g)(1) of this section shall be affixed in a readily visible position on the operator's enclosure or on the engine.</P> <P>(ii) The label shall be affixed by the vehicle manufacturer who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label. The label shall not be affixed to any equipment which is easily detached from such vehicle.</P> <P>(iii) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:</P> <P>(A) The label heading: Vehicle Emission Control Information;</P> <P>(B) Full corporate name and trademark of manufacturer;</P> <P>(C) Evaporative family identification;</P> <P>(D) The maximum nominal fuel tank capacity (in gallons) for which the evaporative control system is certified; and</P> <P>(E) One of the following, as appropriate:</P> <P>(<E T="03">1</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations (40 CFR part 86) which apply to gasoline-fueled heavy-duty vehicles;</P> <P>(<E T="03">2</E>) An unconditional statement of compliance with the appropriate model year U.S. Environmental Protection Agency regulations (40 CFR part 86) which apply to methanol-fueled heavy-duty vehicles;</P> <P>(F) Vehicles granted final admission under § 85.1505 of this chapter must comply with the labeling requirements contained in § 85.1510 of this chapter.</P> <P>(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle (or engine) conforms to any applicable state emission standards for new motor vehicles (or new motor vehicle engines) or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle (or engine).</P> <P>(c)(1) The manufacturer of any light-duty vehicle or light-duty truck subject to the emission standards (or family emission limits, as appropriate) of this subpart shall, in addition and subsequent to setting forth those statements on the label required by the Department of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT label or an additional label located in proximity to the DOT label <PRTPAGE P="197"/>and affixed as described in 40 CFR 567.4(b), the following information in the English language, lettered in block letters and numerals not less than three thirty-seconds of an inch high, of a color that contrasts with the background of the label:</P> <P>(i) The heading: “Vehicle Emission Control Information.”</P> <P>(ii)(A) For light-duty vehicles, The statement: “This Vehicle Conforms to U.S. EPA Regulations Applicable to 19__ Model Year New Motor Vehicles.”</P> <P>(B) For light-duty trucks:</P> <P>(<E T="03">1</E>) The statement: “This vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks.”</P> <P>(<E T="03">2</E>) If the manufacturer is provided an alternate useful life period under the provisions of § 86.091-21(f), the prominent statement: “This vehicle has been certified to meet U.S. EPA standards for a useful-life period of __ years or ___ miles of operation, whichever occurs first. This vehicle's actual life may vary depending on its service application.” The manufacturer may alter this statement only to express the assigned alternate useful life in terms other than years or miles (e.g., hours, or miles only).</P> <P>(iii) One of the following statements, as applicable, in letters and numerals not less than six thirty-seconds of an inch high and of a color that contrasts with the background of the label:</P> <P>(A) For all vehicles certified as noncatalyst-equipped: “Non-Catalyst”.</P> <P>(B) For all vehicles certified as catalyst-equipped which are included in a manufacturer's catalyst control program for which approval has been given by the Administrator: “Catalyst—Approved for Import”.</P> <P>(C) For all vehicles certified as catalyst-equipped which are not included in a manufacturer's catalyst control program for which prior approval has been given by the Administrator: “Catalyst”.</P> <P>(2) In lieu of selecting either of the labeling options of paragraph (c)(1) of this section, the manufacturer may add the information required by paragraph (c)(1)(iii) of this section to the label required by paragraph (a) of this section. The required information will be set forth in the manner prescribed by paragraph (c)(1)(iii) of this section.</P> <P>(d) Incomplete light-duty trucks or incomplete heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions shall have one of the following prominent statements, as applicable, printed on the label required by paragraph (a)(2) of this section in lieu of the statement required by paragraph (a)(2)(iii)(E) of this section.</P> <P>(1) Light-duty trucks. (i) Labels for light-duty trucks certified to the oxides of nitrogen standard of 1.2 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks when it does not exceed __ pounds in curb weight, __ pounds in gross vehicle weight rating, and __ square feet in frontal area.”</P> <P>(ii) Labels for light-duty trucks certified to the oxides of nitrogen standards of 1.7 grams per vehicle mile shall include the following statement: “This vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Light-Duty Trucks when it is between 3,450 pounds and __ pounds in curb weight and it does not exceed __ pounds in gross vehicle weight rating nor __ square feet in frontal area.”</P> <P>(2) Heavy-duty vehicles optionally certified in accordance with the light-duty truck provisions. “This heavy-duty vehicle conforms to the U.S. EPA regulations applicable to 19__ Model Year Light-Duty Trucks under the special provision of 40 CFR 86.085-1(b) when it does not exceed __ pounds in curb weight, __ pounds in gross vehicle weight rating, and __ square feet in frontal area.”</P> <P>(e) Incomplete heavy-duty vehicles having a gross vehicle weight rating of 8,500 pounds or less shall have one of the following statements printed on the label required by paragraph (a)(3) of this section in lieu of the statement required by paragraph (a)(3)(iii)(H) of this section: “This engine conforms to U.S. EPA regulations applicable to 19__ Model Year Heavy-Duty Engines when installed in a vehicle completed at a curb weight of more than 6,000 pounds or with a frontal area of greater than 45 square feet.”<PRTPAGE P="198"/> </P> <P>(f) The manufacturer of any incomplete light-duty vehicle or light-duty truck shall notify the purchaser of such vehicle of any curb weight, frontal area, or gross vehicle weight rating limitations affecting the emission certificate applicable to that vehicle. This notification shall be transmitted in a manner consistent with National Highway Traffic Safety Administration safety notification requirements published in 49 CFR part 568.</P> <P>(g)(1)(i) Incomplete gasoline-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Gasoline-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed ___ gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.092-35(g)(2).”</P> <P>(ii) Incomplete methanol-fueled heavy-duty vehicles shall have the following prominent statement printed on the label required in paragraph (a)(4) of this section: “(Manufacturer's corporate name) has determined that this vehicle conforms to U.S. EPA regulations applicable to 19__ Model Year New Methanol-Fueled Heavy-Duty Vehicles when completed with a nominal fuel tank capacity not to exceed ___ gallons. Persons wishing to add fuel tank capacity beyond the above maximum must submit a written statement to the Administrator that the hydrocarbon storage system has been upgraded according to the requirements of 40 CFR 86.091-35(g)(2).”</P> <P>(2) Persons wishing to add fuel tank capacity beyond the maximum specified on the label required in paragraph (g)(1) of this section shall:</P> <P>(i) Increase the amount of fuel tank vapor storage material according to the following function:</P> <MATH DEEP="27" SPAN="1"> <MID>ER06OC93.010</MID> </MATH> <EXTRACT> <FP SOURCE="FP-2">Where:</FP> <FP SOURCE="FP-2">Capf=final amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-2">Capi=initial amount of fuel tank vapor storage material, grams.</FP> <FP SOURCE="FP-2">T. Vol.=total fuel tank volume of completed vehicle, gallons.</FP> <FP SOURCE="FP-2">Max. Vol.=maximum fuel tank volume as specified on the label required in paragraph (g)(1) of this section, gallons.</FP> </EXTRACT> <P>(ii) Use, if applicable, hosing for fuel vapor routing which is at least as impermeable to hydrocarbon vapors as that used by the primary manufacturer.</P> <P>(iii) Use vapor storage material with the same absorptive characteristics as that used by the primary manufacturer.</P> <P>(iv) Connect, if applicable, any new hydrocarbon storage device to the existing hydrocarbon storage device in series such that the original hydrocarbon storage device is situated between the fuel tank and the new hydrocarbon storage device. The original hydrocarbon storage device shall be sealed such that vapors cannot reach the atmosphere. The elevation of the original hydrocarbon storage device shall be equal to or lower than the new hydrocarbon storage device.</P> <P>(v) Submit a written statement to the Administrator that paragraphs (g)(2)(i) through (g)(2)(iv) of this section have been complied with.</P> <P>(3) If applicable, the Administrator will send a return letter verifying the receipt of the written statement required in paragraph (g)(2)(v) of this section.</P> <P>(h)(1) Light-duty trucks and heavy-duty vehicles and engines for which nonconformance penalties are to be paid in accordance with § 86.1113-87(b) shall have the following information printed on the label required in paragraph (a) of this section. The manufacturer shall begin labeling production engines or vehicles within 10 days after the completion of the PCA.</P> <P>(i) The statement: “The manufacturer of this engine/vehicle will pay a nonconformance penalty to be allowed to introduce it into commerce at an emission level higher than the applicable emission standard. The compliance level (or new emission standard) for this engine/vehicle is ___.” (The <PRTPAGE P="199"/>manufacturer shall insert the applicable pollutant and compliance level calculated in accordance with § 86.1112-87(a).)</P> <P>(ii) [Reserved]</P> <P>(2) If a manufacturer introduces an engine or vehicle into commerce prior to the compliance level determination of § 86.1112-87(a), it shall provide the engine or vehicle owner with a label as described in paragraph (h) of this section to be affixed in a location in proximity to the label required in paragraph (a) of this section within 30 days of the completion of the PCA.</P> <CITA>[58 FR 15795, Mar. 24, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-1</SECTNO> <SUBJECT>General applicability.</SUBJECT> <P>(a) The provisions of this subpart generally apply to 1994 and later model year new Otto-cycle and diesel-cycle light-duty vehicles, 1994 and later model year new Otto-cycle and diesel-cycle light-duty trucks, and 1994 and later model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph.</P> <P>(b) <E T="03">Optional applicability.</E> A manufacturer may request to certify any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions. Heavy-duty engine or vehicle provisions do not apply to such a vehicle.</P> <P>(c)-(d) [Reserved]</P> <P>(e) <E T="03">Small volume manufacturers.</E> Special certification procedures are available for any manufacturer whose projected combined U.S. sales of light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty engines in its product line (including all vehicles and engines imported under the provisions of §§ 85.1505 and 85.1509 of this chapter are fewer than 10,000 units for the model year in which the manufacturer seeks certification. To certify its product line under these optional procedures, the small-volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility criteria specified in § 86.092-14(b) before the Administrator's approval will be granted. The small-volume manufacturer's certification procedures are described in § 86.092-14.</P> <P>(f) <E T="03">Optional procedures for determining exhaust opacity.</E> (1) The provisions of subpart I of this part apply to tests which are performed by the Administrator, and optionally, by the manufacturer.</P> <P>(2) Measurement procedures, other than that described in subpart I of this part, may be used by the manufacturer provided the manufacturer satisfies the requirements of § 86.091-23(f).</P> <P>(3) When a manufacturer chooses to use an alternative measurement procedure it has the responsibility to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the measurement procedure in subpart I of this part. Consequently, the Administrator will not routinely approve or disapprove any alternative opacity measurement procedure or any associated correlation data which the manufacturer elects to use to satisfy the data requirements for subpart I of this part.</P> <P>(4) If a confirmatory test(s) is performed and the results indicate there is a systematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity not already issued be based on data obtained from procedures described in subpart I of this part.</P> <CITA>[58 FR 4002, Jan. 12, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The definitions of § 86.093-2 remain effective. The definitions listed in this section are effective beginning with the 1994 model year.</P> <P> <E T="03">Adjusted Loaded Vehicle Weight</E> means the numerical average of vehicle curb weight and GVWR.</P> <P> <E T="03">Bi-directional control</E> means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to <PRTPAGE P="200"/>the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations.</P> <P> <E T="03">Data stream information</E> means information (i.e., messages and parameters) originated within the vehicle by a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over the communication wires for use by other modules (e.g., chassis, transmission, etc.) to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration related information.</P> <P> <E T="03">Defeat device</E> means an auxilary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:</P> <P>(1) Such conditions are substantially included in the Federal emission test procedure;</P> <P>(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; or</P> <P>(3) The AECD does not go beyond the requirements of engine starting.</P> <P> <E T="03">Durability useful life</E> means the highest useful life mileage out of the set of all useful life mileages that apply to a given vehicle. The durability useful life determines the duration of service accumulation on a durability data vehicle. The determination of durability useful life shall reflect any alternative useful life mileages approved by the Administrator under § 86.094-21(f). The determination of durability useful life shall exclude any standard and related useful life mileage for which the manufacturer has obtained a waiver of emission data submission requirements under § 86.094-23(c)</P> <P> <E T="03">Element of design</E> means any control system (i.e., computer software, electronic control system, emission control system, computer logic), and/or control system calibrations, and/or the results of systems interaction, and/or hardware items on a motor vehicle or motor vehicle engine.</P> <P> <E T="03">Engine warm-up cycle</E> means sufficient vehicle operation such that the coolant temperature has risen by at least 40 °F from engine starting and reaches a minimum temperature of 160 °F.</P> <P> <E T="03">Enhanced service and repair information</E> means information which is specific for an original equipment manufacturer's brand of tools and equipment.</P> <P> <E T="03">Equivalent test weight</E> means the weight, within an inertia weight class, which is used in the dynamometer testing of a vehicle and which is based on its loaded vehicle weight or adjusted loaded vehicle weight in accordance with the provisions of subparts A and B of this part.</P> <P> <E T="03">Gaseous fuel</E> means natural gas or liquefied petroleum gas.</P> <P> <E T="03">Generic service and repair information</E> means information which is not specific for an original equipment manufacturer's brand of tools and equipment.</P> <P> <E T="03">Heavy light-duty truck</E> means any light-duty truck rated greater than 6000 lbs GVWR.</P> <P> <E T="03">Indirect information</E> means any information that is not specifically contained in the service literature, but is contained in items such as tools or equipment provided to franchised dealers (or others).</P> <P> <E T="03">Intermediary</E> means any individual or entity, other than an original equipment manufacturer, which provides service or equipment to automotive technicians.</P> <P> <E T="03">Intermediate Temperature Cold Testing</E> means testing done pursuant to the driving cycle and testing conditions contained in 40 CFR part 86, subpart C, at temperatures between 25 °F (−4 °C) and 68 °F (20 °C).</P> <P> <E T="03">Light-duty truck 1</E> means any light light-duty truck up through 3750 lbs loaded vehicle weight.</P> <P> <E T="03">Light-duty truck 2</E> means any light light-duty truck greater than 3750 lbs loaded vehicle weight.</P> <P> <E T="03">Light-duty truck 3</E> means any heavy light-duty truck up through 5750 lbs adjusted loaded vehicle weight.<PRTPAGE P="201"/> </P> <P> <E T="03">Light-duty truck 4</E> means any heavy light-duty truck greater than 5750 lbs adjusted loaded vehicle weight.</P> <P> <E T="03">Light light-duty truck</E> means any light-duty truck rated up through 6000 lbs GVWR.</P> <P> <E T="03">Liquefied petroleum gas</E> means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of species that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.</P> <P> <E T="03">Multi-fuel</E> means capable of operating on two or more different fuel types, either separately or simultaneously.</P> <P> <E T="03">Natural gas</E> means a fuel whose primary constituent is methane.</P> <P> <E T="03">Non-Methane Hydrocarbon Equivalent</E> means the sum of the carbon mass emissions of non-oxygenated non-methane hydrocarbons, methanol, formaldehyde, or other organic compounds that are separately measured, expressed as gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions, the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions, the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1, respectively.</P> <P> <E T="03">Petroleum fuel</E> means liquid fuels normally derived from crude oil, excluding liquefied petroleum gas. Gasoline and diesel fuel are petroleum fuels.</P> <P> <E T="03">Test weight basis</E> means the basis on which equivalent test weight is determined in accordance with § 86.129-94 of subpart B of this part.</P> <P> <E T="03">Useful life</E> means:</P> <P>(a) For light-duty vehicles, and for model year 1994 and later light light-duty trucks not subject to the Tier 0 standards of paragraph (a) of § 86.094-9, intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9.</P> <P>(b) For light light-duty trucks subject to the Tier 0 standards of paragraph (a) of § 86.094-9, and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first.</P> <P>(c) For an Otto-cycle heavy-duty engine family, a period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(d) For a diesel heavy-duty engine family:</P> <P>(1) For light heavy-duty diesel engines, period of use of 8 years or 110,000 miles, whichever first occurs.</P> <P>(2) For medium heavy-duty diesel engines, a period of use of 8 years or 185,000 miles, whichever first occurs.</P> <P>(3) For heavy-duty diesel engines, a period of use of 8 years or 290,000 miles, whichever first occurs, except as provided in paragraph (d)(4) of this definition.</P> <P>(4) for heavy heavy-duty diesel engines used in urban buses, for the particulate standard, a period of use of 10 years or 290,000 miles, whichever first occurs.</P> <P>(e) As an option for both light-duty trucks under certain conditions and heavy-duty engine families, an alternative useful life period assigned by the Administrator under the provisions of paragraph (f) of § 86.094-21.</P> <P>(f) The useful-life period for purposes of the emissions defect warranty and emissions performance warranty shall be a period of 5 years/50,000 miles, whichever first occurs, for light-duty trucks, Otto-cycle heavy-duty engines and light heavy-duty diesel engines. For all other heavy-duty diesel engines the aforementioned period is 5 years/100,000 miles, whichever first occurs. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.</P> <CITA>[56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58 FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR 40496, Aug. 9, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-3</SECTNO> <SUBJECT>Abbreviations.</SUBJECT> <P>(a) The abbreviations in § 86.090-3 remain effective. The abbreviations in this section apply beginning with the 1994 model year.<PRTPAGE P="202"/> </P> <P>(b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, H, M, N and P of this part, and have the following meanings: </P> <EXTRACT> <FP SOURCE="FP-1">ALVW—Adjusted Loaded Vehicle Weight</FP> <FP SOURCE="FP-1">LPG—Liquefied Petroleum Gas</FP> <FP SOURCE="FP-1">NMHC—Nonmethane Hydrocarbons</FP> <FP SOURCE="FP-1">NMHCE—Non-Methane Hydrocarbon Equivalent</FP> <FP SOURCE="FP-1">PM—Particulate Matter</FP> <FP SOURCE="FP-1">THC—Total Hydrocarbons</FP> </EXTRACT> <CITA>[56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-7</SECTNO> <SUBJECT>Maintenance of records; submittal of information; right of entry.</SUBJECT> <P>Section 86.094-7 includes text that specifies requirements that differ from § 86.091-7. Where a paragraph in § 86.091-7 is identical and applicable to § 86.094-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” Where a corresponding paragraph of § 86.091-7 is not applicable, this is indicated by the statement “[Reserved].”</P> <P>(a) Introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7.</P> <P>(a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained.</P> <P>(b) Through (c)(2) [Reserved]. For guidance see § 86.091-7.</P> <P>(c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.</P> <P>(c)(4) Through (d)(1)(v) [Reserved]. For guidance see § 86.091-7.</P> <P>(d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located.</P> <P>(2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed:</P> <P>(i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment;</P> <P>(ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in § 86.091-7(c); and</P> <P>(iii) To inspect and make copies of any such records, designs or other documents including those records specified in paragraph (h) of this section; and</P> <P>(iv) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof.</P> <P>(d)(3)-(g) [Reserved]. For guidance see § 86.091-7.</P> <P>(h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 1994 through 1997 light-duty vehicle or light light-duty truck or model year 1994 through 1998 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle:</P> <P>(i) EPA engine family;</P> <P>(ii) Vehicle identification number;</P> <P>(iii) Model year and production date;</P> <P>(iv) Shipment date;</P> <P>(v) Purchaser; and</P> <P>(vi) Purchase contract.<PRTPAGE P="203"/> </P> <P>(2) In addition, the manufacturer (or contractor for the manufacturer, if applicable) of each certified engine family shall establish, maintain, and retain adequately organized records of the actual U.S. sales volume for the model year for each engine family. The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturer Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the applicable end-of-model year report. Records may be retained as hard copy or reduced to microfilm, ADP film, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained.</P> <P>(4) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.</P> <P>(5) Pursuant to a request made by the Administrator, the manufacturer shall submit to him the information that is required to be retained.</P> <P>(6) <E T="03">Voiding a certificate.</E> (i) EPA may void ab initio a certificate for a vehicle certified to Tier 0 certification standards for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.</P> <P>(ii) EPA may void ab initio a certificate for a 1994 or 1995 model year light-duty vehicle or light-duty truck that is not certified in compliance with the cold temperature CO standard for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request.</P> <P>(iii) Any voiding ab initio of a certificate under § 86.094-7(c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614 for light-duty vehicles or under § 86.1014 for light-duty trucks and heavy-duty engines.</P> <P>(i) Any voiding ab initio of a certificate under § 86.091-7 (c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with § 86.614 for light-duty vehicles or under § 86.1014 for light-duty trucks and heavy-duty engines.</P> <CITA>[56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-8</SECTNO> <SUBJECT>Emission standards for 1994 and later model year light-duty vehicles.</SUBJECT> <P>Section 86.094-8 includes text that specifies requirements that differ from § 86.090-8. Where a paragraph in § 86.090-8 is identical and applicable to § 86.094-8, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.090-8.” Where a corresponding paragraph of § 86.090-8 is not applicable, this is indicated by the statement “[Reserved].”</P> <P>(a)(1) <E T="03">Standards.</E> (i) Exhaust emissions from 1994 and later model year vehicles (optional for 1994 through 1996 model year gaseous-fueled vehicles) shall meet all standards in tables A94-2, A94-3, A94-5 and A94-6 in the rows designated with the applicable fuel type, according to the implementation schedule in tables A94-1 and A94-4, as follows:</P> <P>(A)(<E T="03">1</E>)(<E T="03">i</E>) A minimum of the percentage shown in table A94-1 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in table A94-2 and shall not exceed the applicable Tier 1 standards in table A94-3. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94-2.</P> <P>(<E T="03">ii</E>) Optionally, a minimum of the percentage shown in table A94-1 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable Tier 1 standards. <PRTPAGE P="204"/>Under this option, the light-duty vehicles shall not exceed the applicable Tier 1 standards in table A94-2 and shall not exceed the applicable Tier 1 standards in table A94-3. Further, the light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94-8 of § 86.094-9 and shall not exceed the applicable Tier 1 standards of table A94-9 of § 86.094-9. The remaining percentage of the manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the corresponding Tier 0 standards.</P> <P>(<E T="03">2</E>) A minimum of the percentage shown in table A94-4 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable Tier 1 standards in table A94-5 and shall not exceed the applicable Tier 1 standards in table A94-6. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94-5.</P> <GPOTABLE CDEF="s200,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A94-1—Implementation Schedule for Light-Duty Vehicles for HCs, CO and NO<E T="52">X</E> </TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Tier 1 percentage</CHED> </BOXHD> <ROW> <ENT I="01">1994</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">1995</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">After 1995</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,xs40,8,8,8,8,8,8" COLS="8" OPTS="L2,i1"> <TTITLE>Table A94-2—Intermediate Useful Life Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NO<E T="52">X</E> </TTITLE> <BOXHD> <CHED H="1">Fuel</CHED> <CHED H="1">Standards</CHED> <CHED H="1">THC</CHED> <CHED H="1">NMHC</CHED> <CHED H="1">THCE</CHED> <CHED H="1">NMHCE</CHED> <CHED H="1">CO</CHED> <CHED H="1">NO<E T="52">X</E> </CHED> </BOXHD> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 0</ENT> <ENT>0.41</ENT> <ENT/> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 1</ENT> <ENT>0.41</ENT> <ENT>0.25</ENT> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>0.4</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 0</ENT> <ENT>0.41</ENT> <ENT/> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 1</ENT> <ENT>0.41</ENT> <ENT>0.25</ENT> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT>0.41</ENT> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT/> <ENT>0.41</ENT> <ENT>0.25</ENT> <ENT>3.4</ENT> <ENT>0.4</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT>0.34</ENT> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT>0.25</ENT> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>0.4</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 0</ENT> <ENT>0.41</ENT> <ENT/> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>1.0</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 1</ENT> <ENT>0.41</ENT> <ENT>0.25</ENT> <ENT/> <ENT/> <ENT>3.4</ENT> <ENT>0.4</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s50,xs40,8,8,8,8,8,6.2" COLS="8" OPTS="L2,i1"> <TTITLE>Table A94-3—Full Useful Life Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NO<E T="52">X</E> </TTITLE> <BOXHD> <CHED H="1">Fuel</CHED> <CHED H="1">Standards</CHED> <CHED H="1">THC</CHED> <CHED H="1">NMHC</CHED> <CHED H="1">THCE</CHED> <CHED H="1">NMHCE</CHED> <CHED H="1">CO</CHED> <CHED H="1">NO<E T="52">X</E> </CHED> </BOXHD> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT>0.31</ENT> <ENT/> <ENT/> <ENT>4.2</ENT> <ENT>0.6</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT>0.31</ENT> <ENT/> <ENT/> <ENT>4.2</ENT> <ENT>1.25</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT/> <ENT/> <ENT>0.31</ENT> <ENT>4.2</ENT> <ENT>0.6</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT>0.31</ENT> <ENT/> <ENT/> <ENT>4.2</ENT> <ENT>0.6</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 0</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 1</ENT> <ENT/> <ENT>0.31</ENT> <ENT/> <ENT/> <ENT>4.2</ENT> <ENT>0.6</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s200,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A94-4—Implementation Schedule for Light-Duty Vehicles for PM</TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Tier 1 percentage</CHED> </BOXHD> <ROW> <ENT I="01">1994</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">1995</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">After 1995</ENT> <ENT>100</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s200,xs40,8" COLS="3" OPTS="L2,i1"> <TTITLE>Table A94-5—Intermediate Useful Life Standards (g/mi) for Light-Duty Vehicles for PM</TTITLE> <BOXHD> <CHED H="1">Fuel</CHED> <CHED H="1">Standards</CHED> <CHED H="1">PM</CHED> </BOXHD> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="205"/> <ENT I="01">Gasoline</ENT> <ENT>Tier 1</ENT> <ENT>0.08</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 0</ENT> <ENT>0.20</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 1</ENT> <ENT>0.08</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 0</ENT> <ENT> <SU>1</SU> 0.20</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 1</ENT> <ENT>0.08</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 0</ENT> <ENT> <SU>1</SU> 0.20</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 1</ENT> <ENT>0.08</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 0</ENT> <ENT> <SU>1</SU> 0.20</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 1</ENT> <ENT>0.08</ENT> </ROW> <TNOTE> <SU>1</SU> Applicable only to diesel-cycle vehicles.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,xs40,8" COLS="3" OPTS="L2,i1"> <TTITLE>Table A94-6—Full Useful Life Standards (g/mi) for Light-Duty Vehicles for PM</TTITLE> <BOXHD> <CHED H="1">Fuel</CHED> <CHED H="1">Standards</CHED> <CHED H="1">PM</CHED> </BOXHD> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Gasoline</ENT> <ENT>Tier 1</ENT> <ENT>0.10</ENT> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Diesel</ENT> <ENT>Tier 1</ENT> <ENT>0.10</ENT> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Methanol</ENT> <ENT>Tier 1</ENT> <ENT>0.10</ENT> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Natural Gas</ENT> <ENT>Tier 1</ENT> <ENT>0.10</ENT> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 0</ENT> <ENT/> </ROW> <ROW> <ENT I="01">LPG</ENT> <ENT>Tier 1</ENT> <ENT>0.10</ENT> </ROW> </GPOTABLE> <P>(B)(<E T="03">1</E>)(<E T="03">i</E>) Sales percentages for the purposes of determining compliance with paragraph (a)(1)(i)(A) of this section shall be based on total actual U.S. sales of light-duty vehicles of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale. If the option of paragraph (a)(1)(i)(A)(<E T="03">1</E>)(<E T="03">ii</E>) of this section is taken, such sales percentages shall be based on the total actual combined U.S. sales of light-duty vehicles and light light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.</P> <P>(<E T="03">ii</E>) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of tables A94-1 and A94-4 of this section. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(<E T="03">iii</E>) The manufacturer may count toward the sales percentages light-duty vehicles of the applicable model year that meet certain standards for that same model year contained in Title 13, California Code of Regulations, Section 1960.1, and the incorporated “California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” (Copies may be obtained from Barclays Law Publishers, P.O. Box 3066, San Francisco, CA 94080.) The relevant standards from that source are those that are designated as phase-in standards for selected pollutants and were first applied in the 1993 model year, as well as those for all remaining pollutants that require compliance at the one hundred percent level. If this option is taken, all light-duty vehicles sold in jurisdictions adopting such standards shall be counted toward the total upon which the sales percentage is based. If this option is not taken, light-duty vehicles sold in such jurisdictions are to be excluded from counting toward either the total upon which <PRTPAGE P="206"/>the sales percentage is based or the sales percentage itself.</P> <P>(<E T="03">iv</E>) Small volume manufacturers, as defined in § 86.092-14 (b)(1) and (2), are exempt from the implementation schedules of tables A94-1 and A94-4 of this section for model years 1994 and 1995. For small volume manufacturers, Tier 0 standards of tables A94-2 and A94-5 continue to apply until model year 1996 when one hundred percent compliance with the Tier 1 standards of tables A94-2, A94-3, A94-5, and A94-6 is required. This exemption does not apply to small volume engine families as defined in § 86.092-14 (b)(5).</P> <P>(<E T="03">2</E>)(<E T="03">i</E>) Where the required implementation schedule sales percentages for in-use purposes, as prescribed in subpart H of this part, are the same in a given model year as the required implementation schedule sales percentages for certification purposes, as prescribed in this section, the same engine families must comprise the respective percentages.</P> <P>(<E T="03">ii</E>) Where the required implementation schedule sales percentages for in-use purposes differ from implementation schedule sales percentages for certification purposes in a particular model year, the manufacturer must designate, at the time of Application for Certification, which families will meet each applicable in-use phase-in percentage.</P> <P>(<E T="03">3</E>) The manufacturer must state at the time of Application for Certification, based on projected U.S. sales or projected production for U.S. sale, which families will be used to attain the required implementation schedule sales percentages for certification purposes.</P> <P>(<E T="03">4</E>) A manufacturer can not use one set of engine families to meet its intermediate useful life standards and another to meet its full useful life standards. The same families which are used to meet the intermediate useful life standards will be required without deviation to meet the corresponding full useful life standards.</P> <P>(ii) A manufacturer may elect to include all or some of its diesel-cycle light-duty vehicle engine families subject to the Tier 0 standards in the appropriate particulate averaging program (petroleum or methanol), provided that vehicles produced for sale in California or in designated high-altitude areas may be averaged only within each of these areas. Averaging is not permitted between fuel types. If the manufacturer elects to average light-duty vehicles and light-duty trucks together in the appropriate particulate averaging program, its composite particulate standard applies to the combined set of light-duty vehicles and light-duty trucks included in the average and is calculated as defined in § 86.090-2.</P> <P>(2) The standards set forth in paragraph (a)(1)(i) of this section refer to the exhaust emitted over a driving schedule as set forth in subpart B of this part and measured and calculated in accordance with those procedures. The test weight basis for light-duty vehicles, for the purposes of determining equivalent test weight as prescribed in § 86.129-94, shall be loaded vehicle weight.</P> <P>(b) Fuel evaporative emissions from 1994 and later model year light-duty vehicles shall not exceed (compliance with these standards is optional for 1994 model year methanol-fueled engines):</P> <P>(1) <E T="03">Hydrocarbons (for gasoline-fueled vehicles).</E> 2.0 grams per test.</P> <P>(2) <E T="03">Total Hydrocarbon Equivalent (for methanol-fueled vehicles).</E> 2.0 grams carbon per test.</P> <P>(3) The standards set forth in paragraphs (b) (1) and (2) of this section refers to a composite sample of the fuel evaporative emissions collected under the conditions set forth in subpart B of this part and measured in accordance with those procedures.</P> <P>(c) No crankcase emissions shall be discharged into the ambient atmosphere from any 1994 and later model year Otto-cycle, or methanol-or gaseous-fueled diesel light-duty vehicle. This requirement is optional for 1994 through 1996 model year gaseous-fueled light-duty vehicles.</P> <P>(d)-(f) [Reserved]. For guidance see § 86.090-8.</P> <P>(g) Any 1994 and later model year light-duty vehicle that a manufacturer wishes to certify for sale shall meet the emission standards under both low- and high-altitude conditions as specified in <PRTPAGE P="207"/>§ 86.082-2, except as provided in paragraphs (h) and (i) of this section. Vehicles shall meet emission standards under both low- and high-altitude conditions without manual adjustments or modifications. Any emission control device used to meet emission standards under high-altitude conditions shall initially actuate (automatically) no higher than 4,000 feet above sea level.</P> <P>(h) The manufacturer may exempt 1994 and later model year vehicles from compliance at high altitude with the emission standards set forth in paragraphs (a) and (b) of this section if the vehicles are not intended for sale at high altitude and if the requirements of paragraphs (h) (1) and (2) of this section are met.</P> <P>(1) A vehicle con-fig-u-ra-tion shall only be considered eligible for exemption under paragraph (h) of this section if the requirements of either paragraph (h)(1) (i), (ii), (iii), or (iv) of this section are met.</P> <P>(i) Its design parameters (displacement-to-weight ratio (D/W) and engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted range for that manufacturer for that year. The exempted range is determined according to the following procedure:</P> <P>(A) The manufacturer shall graphically display the D/W and N/V data of all vehicle con-fig-u-ra-tions it will offer for the model year in question. The axis of the abscissa shall be D/W (where (D) is the engine displacement expressed in cubic centimeters and (W) is the equivalent vehicle test weight expressed in pounds), and the axis of the ordinate shall be N/V (where (N) is the crankshaft speed expressed in revolutions per minute and (V) is the vehicle speed expressed in miles per hour). At the manufacturer's option, either the 1:1 transmission gear ratio or the lowest numerical gear ratio available in the transmission will be used to determine N/V. The gear selection must be the same for all N/V data points on the manufacturer's graph. For each transmission/axle ratio combination, only the lowest N/V value shall be used in the graphical display.</P> <P>(B) The product line is then defined by the equation, N/V = C(D/W) <E T="51">−0.9</E>, where the constant, C, is determined by the requirement that all the vehicle data points either fall on the line or lie to the upper right of the line as displayed on the graphs.</P> <P>(C) The exemption line is then defined by the equation, N/V = C(0.84 D/W) <E T="51">−0.9</E>, where the constant, C, is the same as that found in paragraph (h)(1)(i)(B) of this section.</P> <P>(D) The exempted range includes all values of N/V and D/W which simultaneously fall to the lower left of the exemption line as drawn on the graph.</P> <P>(ii) Its design parameters fall within the alternate exempted range for that manufacturer that year. The alternate exempted range is determined by substituting rated horsepower (hp) for displacement (D) in the exemption procedure described in paragraph (h)(1)(i) of this section and by using the product line N/V = C(hp/W) <E T="51">−0.9</E>.</P> <P>(A) Rated horsepower shall be determined by using the Society of Automotive Engineers Test Procedure J 1349, June 1990, Engine Power Test Code—Spark Ignition and Compression Ignition—Net Power Rating. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from SAE International, 400 Commonwealth Drive, Warrendale, PA, 15096-0001. Copies may be inspected at U.S. EPA, OAR, 401 M Street, SW., Washington, DC, 20460, or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. Any of the horsepower determinants within that test procedure may be used, as long as it is used consistently throughout the manufacturer's product line in any model year.</P> <P>(B) No exemptions will be allowed under paragraph (h)(1)(ii) of this section to any manufacturer that has exempted vehicle con-fig-u-ra-tions as set forth in paragraph (h)(1)(i) of this section.</P> <P>(iii) Its acceleration time (the time it takes a vehicle to accelerate from 0 miles per hour to a speed not less than 40 miles per hour and not greater than 50 miles per hour) under high-altitude conditions is greater than the largest acceleration time under low-altitude conditions for that manufacturer for that year. The procedure to be followed in making this determination is:<PRTPAGE P="208"/> </P> <P>(A) The manufacturer shall list the vehicle con-fig-u-ra-tion and acceleration time under low-altitude conditions of that vehicle con-fig-u-ra-tion which has the highest acceleration time under low-altitude conditions of all the vehicle con-fig-u-ra-tions it will offer for the model year in question. The manufacturer shall also submit a description of the methodology used to make this determination.</P> <P>(B) The manufacturer shall then list the vehicle con-fig-u-ra-tions and acceleration times under high-altitude conditions of all those vehicle con-fig-u-ra-tions which have higher acceleration times under high-altitude conditions than the highest acceleration time at low altitude identified in paragraph (h)(1)(iii)(A) of this section.</P> <P>(iv) In lieu of performing the test procedure of paragraphs (h)(1)(iii) (A) and (B) of this section, its acceleration time can be estimated based on the manufacturer's engineering evaluation, in accordance with good engineering practice, to meet the exemption criteria of paragraph (h)(1)(iii) of this section.</P> <P>(2) A vehicle shall only be considered eligible for exemption under this paragraph (h) if at least one con-fig-u-ra-tion of its model type (and transmission con-fig-u-ra-tion in the case of vehicles equipped with manual transmissions, excluding differences due to the presence of overdrive) is certified to meet emission standards under high-altitude conditions as specified in paragraphs (a) through (c) and (g) of this section. The Certificate of Conformity (the Certificate) covering any exempted con-fig-u-ra-tion(s) will also apply to the corresponding non-exempt con-fig-u-ra-tion(s) required under this paragraph (h)(2). As a condition to the exemption, any suspension, revocation, voiding, or withdrawal of the Certificate as it applies to a non-exempt con-fig-u-ra-tion for any reason will result in a suspension of the Certificate as it applies to the corresponding exempted con-fig-u-ra-tion(s) of that model type, unless there is at least one other corresponding non-exempt con-fig-u-ra-tion of the same model type still covered by the Certificate. The suspension of the Certificate as it applies to the exempted con-fig-u-ra-tion(s) will be terminated when any one of the following occurs:</P> <P>(i) Another corresponding non-exempt con-fig-u-ra-tion(s) receive(s) coverage under the Certificate; or</P> <P>(ii) Suspension of the Certificate as it applies to the corresponding non-exempt con-fig-u-ra-tion(s) is terminated; or</P> <P>(iii) The Agency's action(s), with respect to suspension, revocation, voiding, or withdrawal of the Certificate as it applies to the corresponding non-exempt con-fig-u-ra-tion(s), is reversed.</P> <P>(3) The sale of a vehicle for principal use at a designated high-altitude location that has been exempted as set forth in paragraph (h) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.</P> <P>(i)(1) The manufacturers may exempt 1994 and later model year vehicles from compliance at low altitude with the emission standards set forth in paragraph (a) of this section and § 86.090-8 (b) if the vehicles:</P> <P>(i) Are not intended for sale at low altitude; and</P> <P>(ii) Are equipped with a unique, high-altitude axle ratio (rear-wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel drive vehicles) with a higher N/V ratio than other con-fig-u-ra-tions of that model type which are certified in compliance with the emission standards of paragraph (a) of this section and § 86.090-8 (b) under low-altitude conditions.</P> <P>(2) The sale of a vehicle for principal use at low altitude that has been exempted as set forth in paragraph (i)(1) of this section will be considered a violation of section 203(a)(1) of the Clean Air Act.</P> <P>(j) Any exempted light-duty vehicle that a manufacturer wishes to certify for sale under the provisions of § 86.090-8 (h) or paragraph (i) of this section is subject to the provisions of subpart Q of this part.</P> <P>(k) <E T="03">Cold Temperature Carbon Monoxide (CO) Standards.</E> (1) For gasoline-fueled light-duty vehicles, a minimum of the percentage shown in table A94-16 of a manufacturer's sales of the applicable model year's light-duty vehicles shall not exceed the applicable cold temperature CO standard of 10.0 grams per mile for an intermediate useful life of 50,000 miles, as measured and calculated <PRTPAGE P="209"/>under the provisions set forth in subpart C of this part. This standard applies under both low and high altitude conditions. At the manufacturer's option, the manufacturer may combine the sales of gasoline-fueled light-duty vehicles and gasoline-fueled light-duty trucks in determining compliance with the required 1994 and 1995 model year phase-in percentages as included in table A94-16.</P> <P>(2)(i) Sales percentages for the purposes of determining compliance with paragraph (k)(1) of this section shall be based on total actual and, at the manufacturer's option, combined U.S. sales of light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year by a manufacturer to a dealer, distributor, fleet operator, broker, or any other entity which comprises the point of first sale.</P> <P>(ii) The manufacturer may petition the Administrator to allow actual volume produced for U.S. sales to be used in lieu of actual U.S. sales for purposes of determining compliance with the implementation schedule sales percentages of table A94-16. Such petition shall be submitted within 30 days of the end of the model year the Manufacturers Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume.</P> <P>(iii) The manufacturer may count towards the sales percentages those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks of the applicable model year sold in the state of California or in jurisdictions which have adopted the California emission standards under section 177 of the Clean Air Act if those light-duty vehicles, light light-duty trucks, and heavy light-duty trucks certified have been to meet the federally mandated cold CO standards. If this option is taken, all light-duty vehicles, light light-duty trucks, and heavy light-duty trucks sold in California and such jurisdictions shall be counted toward the total upon which the sales percentage is based. If this option is not taken, light-duty vehicles, light light-duty trucks, and heavy light-duty trucks sold in California or such jurisdictions are to be excluded from counting toward either the total upon which the sales percentage is based or the sales percentage itself.</P> <P>(iv) Small volume manufacturers, as defined in § 86.092-14(b) (1) and (2), are exempt from the implementation schedules of table A94-16 for model years 1994 and 1995. This exemption does not apply to small volume engine families as defined in § 86.092-14(b)(5).</P> <P>(v) The manufacturer must state at the time of applying for the Certificate, based on projected U.S. sales or projected production for U.S. sale, which engine families will be used to attain the required implementation schedule sales percentages.</P> <CITA>[56 FR 25740, June 5, 1991, as amended at 57 FR 31898, July 17, 1992; 59 FR 48494, Sept. 21, 1994; 62 FR 47120, Sept. 5, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 86.094-9</SECTNO> <SUBJECT>Emission standards for 1994 and later model year light-duty trucks.</SUBJECT> <P>(a)(1) <E T="03">Standards—</E>(i) <E T="03">Light light-duty trucks.</E> Exhaust emission from 1994 and later model year light light-duty trucks shall meet all standards in Tables A94-8, A94-9, A94-11 and A94-12 in the rows designated with the applicable fuel type and loaded vehicle weight, according to the implementation schedule in Tables A94-7 and A94-10 as follows (optional for 1994 through 1996 model year gaseous-fueled light light-duty trucks):</P> <P>(A)(<E T="03">1</E>)(<E T="03">i</E>) A minimum of the percentage shown in table A94-7 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94-8 and shall not exceed the applicable Tier 1 standards in table A94-9. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94-9.</P> <P>(<E T="03">ii</E>) Optionally, a minimum of the percentage shown in table A94-7 of a manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the applicable Tier 1 standards. Under this option, the light-duty vehicles shall not exceed the applicable Tier 1 standards in table A94-2 of § 86.094-8 and shall not exceed the applicable Tier 1 standards in table A94-3 of § 86.094-8. Further, the light light-duty <PRTPAGE P="210"/>trucks shall not exceed the applicable Tier 1 standards in table A94-8 and shall not exceed the applicable Tier 1 standards of table A94-9. The remaining percentage of the manufacturer's combined sales of the applicable model year's light-duty vehicles and light light-duty trucks shall not exceed the corresponding Tier 0 standards.</P> <P>(<E T="03">2</E>) A minimum of the percentage shown in table A94-10 of a manufacturer's sales of the applicable model year's light light-duty trucks shall not exceed the applicable Tier 1 standards in table A94-11 and shall not exceed the applicable Tier 1 standards in table A94-12. The remaining vehicles shall not exceed the applicable Tier 0 standards in table A94-12.</P> <GPOTABLE CDEF="s200,10" COLS="2" OPTS="L2,i1"> <TTITLE>Table A94-7—Implementation Schedule for Light Light-Duty Trucks for HCs, CO, and NO<E T="52">X</E> </TTITLE> <BOXHD> <CHED H="1">Model year</CHED> <CHED H="1">Tier 1 percentage</CHED> </BOXHD> <ROW> <ENT I="01">1994</ENT> <ENT>40</ENT> </ROW> <ROW> <ENT I="01">1995</ENT> <ENT>80</ENT>