Control of Air Pollution; Final Rule for New Gasoline Spark- Ignition Marine Engines; Exemptions for New Nonroad Compression- Ignition Engines at or Above 37 Kilowatts and New Nonroad Spark- Ignition Engines at or Below 19 Kilowatts

SUMMARY: As directed under section 213 of the Clean Air Act as amended

in 1990 (CAA), EPA is regulating exhaust emissions from new spark-

ignition (SI) gasoline marine engines (including outboard engines,

personal watercraft engines, and jet boat engines) because exhaust

emissions from SI gasoline marine engines cause or contribute to ozone

concentrations in more than one ozone nonattainment area. Once the

program is fully implemented, manufacturers of these engines must

demonstrate to EPA that hydrocarbon emissions are reduced, by 75% from

present levels, by testing engines representative of the product line

before sale and after use. The result of these regulations will be a

new generation of cleaner gasoline marine engines available to boaters.

EPA is also revising existing regulations for new nonroad CI

engines at or above 37 kW and new nonroad SI engines at or below 19 kW

so as to include exemptions comparable to exemptions provided to

highway engines.

DATES: This regulation is effective December 3, 1996. The reference of

certain publications listed in the regulations is approved by the

Director of the Federal Register as of December 3, 1996. The

information collection requirements contained in 40 CFR Part 91 have

not been approved by the Office of Management (OMB) and are not

effective until OMB has approved them. EPA will publish a document in

the Federal Register announcing the effective date.

A public workshop for manufacturers who must comply with this

regulation will be held on November 13, 1996 beginning at 10 a.m.

ADDRESSES: For information or compliance assistance, manufacturers who

must comply with this regulation may contact the Office of Mobile

Sources, Engine Programs and Compliance Division, Engine Compliance

Programs Group, 501 3rd Street, Washington, DC 20005. The public

workshop will be held at 501 3rd Street, Washington, DC 20005.

Materials relevant to this rulemaking are contained in a docket at

the following address: EPA Air Docket (LE-131), Attention: Docket

Number A-92-28, room M-1500, 401 M Street, SW., Washington, DC 20460.

Materials contained in this docket may be reviewed at this location

from 8:00 a.m. until noon and from 1:30 p.m. until 3:30 p.m. Monday

through Friday. As provided in 40 CFR part 2, a reasonable fee may be

charged by EPA for photocopying.

FOR FURTHER INFORMATION CONTACT: Deanne R. North, Office of Mobile

Sources, Engine Programs and Compliance Division, at (313) 668-4283 or

James A. Blubaugh, Office of Mobile Sources, Engine Programs and

Compliance Division, (202) 233-9244.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

Entities potentially regulated by this action are those which

manufacture SI gasoline marine engines. Regulated categories and

entities include:

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Category Examples of regulated entities

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Industry.......................... Outboard engine manufacturers,

personal watercraft engine

manufacturers, jetboat engine

manufacturers

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could potentially be regulated by this action. Other types of entities

not listed in the table could also be regulated. To determine whether

your product is regulated by this action, you should carefully examine

the applicability criteria in Sec. 91.1 of title 40 of the Code of

Federal Regulations. If you have questions regarding the applicability

of this action to a particular product, consult the person listed in

the preceding FOR FURTHER INFORMATION CONTACT section.

II. Obtaining Copies of Documents

This preamble, the final regulatory language, the Summary and

Analysis of Comments, and the Regulatory Impact Analysis are also

available electronically on the Technology Transfer Network (TTN),

which is an electronic bulletin board system (BBS) operated by EPA's

Office of Air Quality Planning and Standards. The service is free of

charge, except for the cost of the phone call. Users are able to access

and download TTN files on their first call using a personal computer

and modem per the following information.

TTN BBS: 919-541-5742 (1200-14400 bps, no parity, 8 data bits, 1 stop

bit) Voice Helpline: 919-541-5384

Also accessible via Internet: TELNET ttnbbs.rtpnc.epa.gov Off-line:

Mondays from 8:00 a.m. to 12:00 Noon ET

A user who has not called TTN previously will first be required to

answer some basic informational questions for registration purposes.

After completing the registration process, proceed through the

following menu choices from the Top Menu to access information on this

rulemaking.

GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)

OMS--Mobile Sources Information

Rulemaking & Reporting

Non-Road

File area #1. Non-Road Marine Engines

At this point, the system will list all available files in the

chosen category in chronological order with brief descriptions. To

download a file, select a transfer protocol that is supported by the

terminal software on your own computer, then set your own software to

receive the file using that same protocol.

If unfamiliar with handling compressed (that is, ZIP'ed) files, go

to the TTN top menu, System Utilities (Command: 1) for information and

the necessary program to download in order to unZIP the files of

interest after downloading to your computer. After getting the files

you want onto your computer, you can quit the TTN BBS with the

oodbye command.

Please note that due to differences between the software used to

develop the document and the software into which the document may be

downloaded, changes in format, page length, etc. may occur.

III. Contents

IV. Statutory Authority and Background

A. Statutory Authority

B. Background

V. Requirements of the Final Rule--Overview

A. Outboards and Personal Watercraft, and Jetboat Engines

B. Emission Standards

C. Administrative Programs

1. Pre-production Certification

i. Beginning of Emission Standard Phase-in

ii. Stabilization of Certification Program

2. Production Line Testing and Compliance

3. In-Use Testing and Remediation

i. In-Use Testing Program

[[Page 52089]]

ii. In-Use Credit Program

iii. Recall Provisions

4. Consumer Warranty on Emission Components

5. Manufacturer Reporting of Engines with Emission effects and

Voluntary Emission Recalls

6. Tampering with Emission Components

7. Engines Excluded or Exempted from Regulations

8. Prohibition on Importation of Uncertified Engines into the

United States

9. Revisions to Small SI (40 CFR Part 90) and Large CI (40 CFR

Part 89) Regulations--Added Exemptions

VI. Discussion of Issues

A. No Sterndrive or Inboard Emission Standards

B. Outboard/Personal Watercraft (OB/PWC) Emission Standards Meet

Statutory Criteria

VII. Regulatory Impact Analysis

VIII. Administrative Requirements

A. Reporting and Recordkeeping Requirements

B. Impact on Small Entities

C. Submission to Congress and the General Accounting Office

D. Executive Order 12866

E. Unfunded Mandates Reform Act of 1995

IV. Statutory Authority and Background

A. Statutory Authority

Authority for the actions set forth in this rule is granted to EPA

by sections 203, 204, 205, 206, 207, 208, 213, 215, 216, and 301(a) of

the Clean Air Act as amended (42 U.S.C. 7522, 7523, 7524, 7525, 7541,

7542, 7547, 7549, 7550, and 7601(a)).

B. Background

Pursuant to section 213(a) of the Clean Air Act as amended

(hereafter, ``CAA''), EPA undertook a study of emissions from nonroad

engines and vehicles to determine whether such emissions are

significant contributors to ozone or carbon monoxide (CO)

concentrations in more than one nonattainment area. A nonattainment

area is a specified area that has failed to attain the applicable

National Ambient Air Quality Standard (NAAQS) for a given pollutant.

Based on the 1991 Nonroad Engine and Vehicle Emission Study (available

in the docket) 1, EPA determined that emissions of CO, oxides of

nitrogen (NOX), and volatile organic compounds (VOC) from nonroad

engines, equipment, and vehicles do, in fact, contribute significantly

to ozone and CO concentrations in more than one NAAQS nonattainment

area. This significance determination was finalized on June 17, 1994

(59 FR 31306) and is incorporated by reference into this final

rulemaking.

---------------------------------------------------------------------------

\1\ EPA Publication Number 211A-2001 (November, 1991).

---------------------------------------------------------------------------

Under section 213(a)(3) of the CAA, EPA is required to regulate

those categories or classes of new nonroad engines, equipment, and

vehicles that in EPA's judgement cause or contribute to ozone and CO

concentrations in more than one nonattainment area. On November 9,

1994, EPA published a Notice of Proposed Rulemaking (NPRM) establishing

emission standards for new gasoline spark-ignition (SI) and diesel

compression-ignition (CI) marine engines pursuant to section 213(a) of

the CAA.2 On February 7, 1996, EPA published a Supplemental Notice

of Proposed Rulemaking (SNPRM).3 In the course of the comment

period for the NPRM, some commenters suggested that EPA consider new

approaches to some of the items addressed in the proposal; also, it

became apparent that some aspects of the proposed regulation were not

addressed in sufficient detail in the NPRM and needed additional

development for further comment. The SNPRM sought to address these

matters.

---------------------------------------------------------------------------

\2\ 59 FR 55930 (November 9, 1994).

3 61 FR 4600 (Feb. 7, 1996).

---------------------------------------------------------------------------

EPA has determined that gasoline SI marine engines cause or

contribute to ozone concentrations in more than one nonattainment area

(See Chapter 3 of the RIA). EPA is finalizing emission standards today

for gasoline SI marine engines. For gasoline marine engines, the

primary pollutants affected by this rule are hydrocarbons (HC), which

are a primary component of VOCs. EPA is deferring finalization of

emission standards for diesel CI marine engines until a later

rulemaking.

The gasoline SI marine engine HC emission standards should decrease

HC emissions from such engines by approximately 75 percent from

projected baseline emission levels by the year 2025. Due to the long

lives of a small portion of marine engines, EPA does not anticipate

that complete fleet turnover will occur until around the year 2050.

V. Requirements of the Final Rule--Overview

Beginning in 1998, manufacturers of brand new SI gasoline marine

engines used in outboards, personal watercraft, and jetboats must

comply with this rule. This rule does not regulate in any way boat

engines which already are in use.

Today's rule imposes different requirements for the subcategory of

outboard, personal watercraft and jetboat (OB/PWC) engines than for the

subcategory of sterndrive and inboard engines (SD/Is). Outboards,

personal watercraft, and jetboat engines are the engines that EPA is

most concerned about from the standpoint of pollution because they

currently utilize, for the most part, 2-stroke technology that emits

high rates of HC exhaust emissions. Current, unregulated, SD/Is are far

cleaner than OB/PWC. The result of this regulation will be that OB/PWC

engines will be dramatically cleaner: They will be near the lower

emission levels exhibited by today's SD/I engines. By imposing emission

standards on only OB/PWC engines, EPA will achieve the greatest degree

of emissions reduction achievable from new gasoline SI marine engines

as a whole through the application of technology, taking cost

(including cost to boaters) and other factors into account. See 42

U.S.C. 7545(a)(3). Further discussion of EPA's rationale for not

regulating SD/I engines is provided in Section V below.

The engine technology changes resulting from this regulation will

be profound. The new generation of OB/PWC engine technology will not

only be more environmentally friendly, but will provide boaters with

many performance advantages. First, and most important for the

environment, the new generation of OB/PWC engines will be much cleaner.

However, the engines will also be easier to start, have improved

performance, faster acceleration, and less noise. Boaters will realize

hundreds of dollars in fuel savings due to significant fuel economy

improvements. With the new fuel systems and engine designs, the hassle

of mixing fuel and oil will be gone. As an added benefit to the boat

owner, the emissions performance of the new generation of marine

engines will be guaranteed by a three year or 200 hour warranty. These

points are outlined below in Table 1.

Table 1.--Benefits of New Technology OB/PWC Marine Engines

Less pollution.................................. Stringent exhaust

emission standards,

cleaner exhaust.

Higher Performance.............................. Easier to start

engine, better

throttle response,

smoother idling, and

faster and smoother

acceleration.

[[Page 52090]]

Better Fuel Economy............................. Boaters will use over

30% less fuel for the

same amount of

boating.

A Better Boating Experience..................... Less blue smoke, less

smelly fumes, and

less noise.

Less Hassle Refueling........................... Eliminates the hassle

of measuring or

guessing the proper

amount of oil when

refueling, no pre-

mixing fuel and oil.

------------------------------------------------------------------------

Provided below is an overview of the major program elements of the

gasoline marine engine rule finalized today. For a full discussion of

the significant comments received on this rulemaking and EPA's reasons

for finalizing the rule as set forth today, the reader should refer to

the Summary and Analysis of Comments document available in the docket.

A. Outboard, Personal Watercraft, and Jetboat Engines

Outboards and personal watercraft (i.e., Jet Skis, Wave Runners,

etc.) are defined in 40 CFR 91.3. For purposes of this rulemaking,

jetboats are considered personal watercrafts and are subject to the

pollution control requirements outlined here for OB/PWC unless derived

from sterndrive and inboard type marinized automotive blocks. The

Administrator may designate a jetboat engine to be a sterndrive or

inboard type of engine if the engine is comparable in technology and

emissions to an inboard or sterndrive engine.

B. Emission Standards

The emission standards finalized today for outboards, personal

watercraft, and jetboats require a very large reduction in hydrocarbon

emissions on a brake specific basis (i.e., g/kw-hr) with only a slight

increase in NOX emissions. The standards vary by rated power and

apply to a manufacturer's entire fleet. The standards require

increasingly stringent HC control over the course of a nine-year phase-

in period beginning in model year 1998. By the end of the phase-in,

each manufacturer must meet an HC+NOX emission standard on a

corporate average basis that represents a 75 percent reduction in HC

compared to unregulated levels. EPA's administrative program

requirements are designed to ensure that the targeted reductions

actually occur by making manufacturers responsible for testing engines,

reporting the results to EPA, and demonstrating compliance with the

emission standards. The administrative program requirements are

described below in section C.

Corporate average standard: The gasoline marine emission standard

finalized today is an average emission standard meaning that the

manufacturer's product line of outboards and personal watercraft must

comply with the emission standards on a corporate average basis. The

corporate average emission standard structure helps to make the

standard technologically achievable by offering manufacturers

flexibility in achieving the HC reductions required. Further, the

structure minimizes cost by allowing the manufacturers and the market

to determine the best way to achieve the targeted reductions over time.

EPA sets the standards that apply to the engines in the manufacturer's

new sales fleet, which in effect sets the required reduction in the

manufacturer's corporate average emission level. The manufacturer

determines on its own what type of control technology to apply to which

engines. This flexibility is essential because the emission standard

will require revolutionary technology that does not currently exist

across the product line, the leadtime for implementation is short, and

targeted reductions across the phase-in are large. Additionally,

uncertainty exists regarding the viability and durability of control

technology because prototypes have not yet been designed for many

current engine models. Averaging means that an engine family in a

manufacturer's product line could be certified to an emissions level in

excess of the applicable emission standard, so long as its excess

emissions are offset by an engine family that is certifed to an

emissions level below the applicable emission standard. In other words,

any emissions in excess of the average emission standard must be

balanced by emissions lower than the average emission standard.

Full actual life emissions are taken into account when calculating

this balance. The calculation includes:

The difference between the applicable emission standard

and the engine family emission limit (FEL),

Sales in the applicable model year,

Average annual use in hours,

The power output of the engine family,

The future survival probability of each engine,

The net present value of the credits over time.

If a FEL is above the applicable emission standard, then the engine

family is generating negative credits. Conversely, if the FEL is below

the applicable emission standard then the engine family is generating

positive credits. After the negative and positive credits are added up

across the manufacturer's product line, the manufacturer must have a

net positive or zero emission credit balance.

Nine-year phase-in: The applicable emission standards are phased-in

beginning in the 1998 model year and fully implemented in the 2006

model year. A phase-in of the emission standard is necessary to help

make the standard technologically achievable. For example, a

manufacturer may gradually phase-in new technology accross its product

line instead of changing all of its product line in a single year. This

allows the manufacturer needed flexibility to apply the unproven

control techonology in a systematic way, given concerns regarding

control technology viability and durability. The applicable emission

standard for each year of the phase-in is calculated in reference to a

baseline curve which describes, on average, the current emission rates

of the entire power output range (e.g., 2 horsepower to 300 horsepower)

of unregulated OB/PWC engines. EPA's standard structure requires

manufacturers to reduce brake specific (i.e., g/kw-hr) HC emissions by

at least 75 percent in 2006, the final year of the phase-in.

HC+NOX emission standard: The numerical values of the

applicable emission standards are described in detail below and in

section 91.207 of the regulatory text. As proposed in the SNPRM, EPA is

finalizing an HC+NOX average emission standard which retains the

75 percent reduction in HC emissions and the 6.0 g/kw-hr NOX level

in 2006 and later years proposed in the NPRM. This standard will take

the form of an HC+NOX function that becomes more stringent each

year for a nine year phase-in period. This function results from

reducing baseline HC emissions to at most 25 percent of the

uncontrolled level while allowing an increase of NOX from 2.0 to

6.0 g/kw-hr incrementally over nine years. Some NOX increase is

technologically inevitable if HC reductions of 75 percent or more are

to be achieved. The expected increase in total NOX emissions from

these engines is small compared to the large HC inventory reductions.

[[Page 52091]]

The following formulas and tables summarize the HC+NOX

emission standard for each rated power of the engine family as

finalized for OB/PWC:

[GRAPHIC] [TIFF OMITTED] TR04OC96.000

HCbase=hydrocarbon base average level in g/kw-hr

P=rated power of the engine family in kilowatt (kw).

[GRAPHIC] [TIFF OMITTED] TR04OC96.001

NOXbase=oxides of nitrogen base average level

To determine the HC+NOX level for the base year, HCbase

and NOXbase are added. HC and NOX are both changed to their

final year level in equal increments. To calculate the HC+NOX

standard for a given model year and rated power, use Table 2 and the

following equation:

[GRAPHIC] [TIFF OMITTED] TR04OC96.002

HC+NOX=emission standard in a given model year in g/kw-hr

A=hydrocarbon reduction factor based in a given model year.

B=NOX level factor in a given model year

C=maximum HC+NOX average, in g/kw-hr, in a given model year

Table 2.--OB/PWC Engines

[Factors for calculation of HC+NOX emission standard]

------------------------------------------------------------------------

Model year A B C

------------------------------------------------------------------------

1998......................................... 0.917 2.44 278

1999......................................... 0.833 2.89 253

2000......................................... 0.750 3.33 228

2001......................................... 0.667 3.78 204

2002......................................... 0.583 4.22 179

2003......................................... 0.500 4.67 155

2004......................................... 0.417 5.11 130

2005......................................... 0.333 5.56 105

2006 and after............................... 0.250 6.00 81

------------------------------------------------------------------------

The HC+NOX standard for PWC does not go into effect until

1999. At this time, PWC engines will be required to meet the same

standard as OB engines. Initially, OB and PWC are in separate averaging

sets; however, beginning in 2001, OB and PWC enter the same averaging

set.

No carbon monoxide standard: EPA is not finalizing the carbon

monoxide (CO) cap, proposed in the NPRM, of 400

g/kw-hr for OB/PWC gasoline marine engines. See the Summary and

Analysis of Comments for a discussion of this issue.

C. Administrative Programs

In recognition of the unique nature of the marine industry, EPA is

finalizing some innovative administrative programs for OB/PWC. EPA

believes the OB/PWC programs introduced here are appropriately designed

for OB/PWC compliance demonstration because of the market structure and

smaller size of the marine engine industry and the nature of the

technology used.

EPA has taken a cradle-to-grave approach to the emission

performance of the manufacturer's product line. EPA's goal is to

promote high quality engine design, production, and in-use emission

performance through a system of manufacturer based testing programs.

These innovative compliance programs will encourage the gain and use of

emission information, allowing the manufacturer and EPA to better

understand the emissions of an engine family. EPA wants the

manufacturers to quickly climb the learning curve with respect to the

emissions performance of their engines. This approach uses a cycle of

evaluation, learning, and incorporation of information on emission

characteristics to promote the production of high quality marine

engines that achieve significant reductions in emissions throughout

their useful lives.

The individual elements of the compliance program are described

below. These individual elements are interactive. For example, the

certification program entails estimation by the manufacturer of the

emission performance of the engine family once it is in production and

throughout its useful life. The production line testing program

provides information to the manufacturer, prior to introduction of the

engine into commerce, on how well the manufacturer is producing the

engine from an emission perspective. It is in essence a quality control

program which encourages the manufacturer to develop accurate emission

estimates for certification and make corrections to the certification

data when the previous estimates were found to be in error or to take

action on its own to keep the emission quality within limits, such as

the institution of appropriate production line changes. When the

manufacturer cannot make production line changes, the manufacturer may

change the engine family emission limit (FEL) so long as the

manufacturer can maintain corporate average compliance with the

emission standards.

Additionally, the in-use testing program provides significant

information on how well the emission quality of the engines is holding

up in actual use. If an engine family's emissions are higher and worse

on average than its FEL, EPA allows the manufacturer to balance those

exceedances with credits from other engine families that had better in-

use emission performance on average than their respective FELs.

The gasoline marine administrative programs focus on incentives

toward compliance, flexibilities to achieve targeted reductions, and

the spread of

[[Page 52092]]

knowledge to facilitate emission quality improvements. By offereing

these incentive, flexibilities, and knowledge, the programs outlined

above, and other details described below, allow gasoline marine engines

to achieve dramatic HC reductions through substantial engine changes

while minimizing cost. Additionally, EPA has carefully constructed the

requirements to minimize the information collection requirements. The

information required elicits only the amount of information that would

be useful to the manufacturers in producing high quality emission

performance, and is complete enough to assist EPA in performing its

responsibilities to monitor and enforce compliance to the requirements

of this rule. To facilitate evaluation of this information, EPA is

developing an interactive, computer-based compliance monitoring system

that will take advantage of the latest technology available to lower

compliance monitoring costs for both the manufacturers and EPA.

EPA expects that the administrative programs for gasoline marine

engines finalized here will work well and ensure compliance, that

manufacturers will pursue compliance in good faith, and that the

environment benefits in accordance with the targeted reductions.

However, these programs are innovative and are unproven and may not on

their own ensure such results, EPA is maintaining backstop measures

such as selective enforcement auditing and mandatory recall. EPA hopes

that circumstances do not arise that would warrant imposing these

backstop measures.

1. Pre-Production Certification

Under sections 203, 206, and 213 of the CAA, all gasoline marine

engine families must be certified by EPA as meeting applicable emission

standards before they are introduced into commerce (42 U.S.C.

7522(a)(1), 7525(a)(1), 7547(d)). In order to meet this requirement,

manufacturers must submit an Application for Certification that

identifies the engine family emission limit (i.e., FEL). If the engine

family conforms to the applicable requirements, EPA issues a

certificate of conformity. This certificate of conformity allows the

manufacturer to introduce the engine family into commerce.

Compliance is on a corporate average basis as explained above in

section B with respect to the emission standards. Therefore, at the end

of the model year, the manufacturer must have a net positive or zero

emission credit balance to be in compliance. In addition, each engine

family must comply with its certification FEL. If the manufacturer is

not in compliance, EPA is authorized under sections 206(b) and 213(d)

to suspend or revoke the applicable certificates of conformity.

As this regulation is somewhat unique with respect to the emission

standards and the way in which they are phased-in, EPA is finalizing

some flexibilities for manufacturers during the early years of the

phase in of emission standards to help manufacturers convert to the new

emission control technology as soon as possible while minimizing cost.

Some unique aspects include phasing in the emission standard by

targeted percentage emission reduction targets and requiring the entire

product line to be included in the average during the phase-in. EPA

believes that focusing the manufacturers investments on the new

technology that will be introduced, rather than on existing technology

that will be phased out of production anyway, will promote greater

emissions reductions over time. Also, some flexibilities add extra

incentive toward earlier than required reductions (e.g., early

banking). As the phase in progresses, however, these flexibilities

cease so that there is not an inadvertant incentive toward the

continuing production of the higher emitting existing technology. As

the program is phased-in, some requirements are brought in to

strengthen the overall corporate average and ensure the numerical

integrity of the reduction targets, for example, by requiring test

results rather than the baseline curve to identify existing technology

FELs. At the end of the phase-in, it is important that all engine

families have equivalent requirements so as to ensure that the cleanest

technology is promoted. The compliance flexibilities for the early

years of the program are described below.

i. Beginning of Emission Standard Phase-In

Several important flexbilities and provisions exist in the

beginning of the emission standard phase-in period, as follows.

Averaging sets: EPA is separating the averaging sets in the

beginning of the emission standard phase-in but is finalizing a single

averaging set for model year 2001 and later. EPA thinks the flexibility

afforded by a single averaging set will greatly facilitate the most

cost-effective emission reductions over the phase-in period.

The averaging sets for personal watercraft and outboards are split

for the first three years of the phase-in. In other words, EPA is

restricting the use of any positive personal watercraft credits being

used to offset negative outboard engine credits and vice versa before

the model year 2001. This initial split in the averaging sets will

assure that in the early years of the program, control technology is

being applied to both personal watercraft and outboard engines.

If the sets were not split, the possibility would exist that

control could be disproportionately applied to one type of engine over

the other across the market. Some manufacturers have expressed support

for split sets in the early years of the program because they are

concerned with potential negative competitive effects of

disproportionate application of control technology. EPA is more

concerned with maintaining a single averaging set for OB/PWC in the

long term because it promotes economic efficiency and will minimize

consumer cost in achieving the significant HC reductions contemplated

in this rule.

Therefore, the early years of split ABT sets assures that control

technology is applied to both types of engines and mitigates some

manufacturers' concern over anti-competitive effects. Yet, limiting

this restriction to only the first few years of the program assures

that in the long run the market is encouraged to take advantage of the

most cost-effective emission reductions across the new sales fleet.

Early banking: The early banking flexibility allows manufacturers

to certify their entire product line before the implementation date of

this rule. The manufacturers would then receive a portion of their

emissions reductions as banked credits to be used in future years. This

flexibility allows manufacturers to ease their transition into meeting

tighter emission standards over time. Most importantly, EPA achieves an

air quality benefit that would not have otherwise been achieved because

a portion of the credits generated for environmental benefit is

retained. The value of the banked credits provides an incentive for

manufacturers to introduce clean technology earlier than required.

EPA will allow engines in the outboard averaging set to potentially

earn credits for model year 1997. To generate credits, a manufacturer

must meet the 1998 model year emission HC+NOX reduction target on

a corporate average basis. If the manufacturer meets the 1998 model

year emission reduction target (i.e., 8.3% corporate average

reduction), the manufacturer may bank any credits in excess of half the

1998 model year target (i.e., credits may be banked in excess of a

4.15% corporate reduction target).

[[Page 52093]]

EPA will allow engines in the personal watercraft averaging set to

potentially earn credits for model years 1997 and 1998. Although

personal watercraft are not required to attain reductions until the

1999 model year, EPA is finalizing early banking provisions because EPA

thinks extra flexibility is needed when the standards are first

implemented to facilitate adoption of control technology, due to the

additional packaging constraints that personal watercraft manufacturers

must address. In keeping with the policy for outboard early banking

credits, if the manufacturer meets the 1998 model year emission

reduction target (i.e., 8.3% corporate average reduction), the

manufacturer may bank any credits in excess of half the 1998 model year

target (i.e., credits may be banked in excess of a 4.15% corporate

reduction target).

In addition, for model year 1997, EPA will allow PWC manufacturers

to bank any credits in excess of half the 1998 model year reduction

target (i.e., credits may be banked in excess of a 4.15% corporate

average reduction target). However, for 1997, PWC manufacturers do not

have to meet the 8.3% reduction target. EPA is relaxing this aspect for

1997 model year PWC early banking because EPA thinks it will be

signficantly more difficult for PWC manufacturers to apply control

technology in 1997 due to packaging constraints. However, outboard

manufacturers do not have the same difficulties as PWC manufacturers in

applying control technology and therefore are required to exceed a 8.3%

corporate reduction to gain 1997 early banking credits.

Multi-year averaging: EPA will allow manufacturers who cannot

adequately cover the negative emission credits in their product line

for certification either in model year 1998 or 1999 to make up the

required reductions by model year 2000. EPA will allow a maximum of 30%

of the 1998 model year or 20% of the 1999 model year required

reductions for outboards to be made up by the 2000 model year. EPA will

allow a maximum of 50% the 1999 model year required reduction for PWC

to be made up by the 2000 model year.

As the implementation of these emission standards begins relatively

early (i.e., effectively less than one model year after this notice),

this flexibility is needed because it will be challenging for the

manufacturers to meet the targeted reduction. However, EPA's concern

about foregone benefits associated with noncompliance is mitigated

because the manufacturers must remediate these foregone benefits in the

future. Thus, EPA is allowing a needed flexibility while at the same

time ensuring that there are no foregone benefits.

Existing technology flexibilities: Resources in this industry are

scarce. Therefore, directing manufacturers investment towards future

technologies will promote greater emission reductions overall. The

focus of manufacturer investment and effort should be on the design,

development, and testing of new, clean technology, rather than on

existing, uncontrolled technology that will be eliminated anyway.

Therefore, EPA is implementing a simplified certification process for

the existing, uncontrolled engines as well as waiving some post-

certification requirements. EPA thinks these flexibilities offer the

right balance between assuring the manufacturers are achieving the

targeted reductions and optimizing investment in the control technology

of the future.

``Existing technology'' OB/PWC engine families are considered to be

those engines in production for the 1997 or previous model years that

do not utilize newer technologies. The simplified certification process

for these engines will involve reduced data submission requirements.

Another flexibility concerns the acceptance of alternative test

data. In the beginning of the certification program, there will be many

existing technology engine families in the manufacturers' product

lines. As testing facilities are somewhat limited and manufacturers

must begin a concentrated effort to design, certify, produce, and sell

new technology engines, EPA will allow manufacturers to use surrogate

data (e.g., previous test results or the baseline curve) to estimate

the FEL's of existing technology engine families. However, as

compliance is on a corporate average basis, it is important that FEL's

be adequately estimated in order to ensure the targeted emission

reductions are achieved. Therefore, EPA will require that by the end of

model year 2000, all engine families have certification quality test

results to represent the FEL's. Further, EPA is requiring that

manufacturers retroactively apply this data to any existing technology

engine families that previously used other data (e.g., previous test

results or the baseline curve) in model years 1998, 1999, or 2000 for

credit calculation purposes, and by the end of model year 2000 must

make up any credit shortfalls that may exist from model year 1998,

1999, and 2000.

Finally, EPA is offering existing technology engines exemptions

from the regulations promulgated today for production line testing,

selective enforcement auditing, and in-use testing; as well as

regulations for emission defect reporting, reporting of voluntary

emissions recalls, and warranty provisions (all of these post-

certification programs are described below). These flexibilities will

be available through the 2003 model year, unless the manufacturers

commits to a specific schedule on ceasing production of the existing

technology engine family by the end of model year 2005 and EPA approves

continued production until then.

ii. Stabilization of Certification Program

Beginning in model year 2001, all engine families must have FELs

adequately identified by certification quality test data. Thus, by the

end of model year 2000, all existing technology engine families that

had FELs based on other data (e.g., previous test results or the

baseline curve) must be in compliance in model year 2000 with credits

that reflect a revised FEL adequately identified by certification

quality test data. EPA refers to this process as a ``true-up'' of the

corporate average reduction levels, such that FELs and credit balances

for model years 1998-2000 will be based on actual test data.

Beginning in model year 2004, any existing technology engine family

that the manufacturer intends to continue producing will be required to

meet the full range of administrative requirements. With the exception

of existing technology engine families that the manufacturer commits to

discontinue by the end of model year 2004 or 2005 (and EPA approves),

the certification process is augmented with production line testing,

in-use testing, emission-defect reporting, and defect warranty

requirements.

2. Production Line Testing and Compliance

As proposed, EPA is finalizing an innovative quality control

program in which the manufacturer monitors the emissions quality of

engine families with respect to the engine family emission limit (FEL)

that the manufacturer chooses for certification. In essence, this

program assures EPA and the manufacturer that the engines are being

built as designed.

EPA is finalizing the marine engine production line testing program

for the reasons described below, as well as the reasons cited in the

NPRM and SNPRM. Under this emission compliance program, manufacturers

test engines as they leave the production line. The

[[Page 52094]]

statistical procedure employed in this program will enable

manufacturers to select engines at appropriate sampling rates for

emission testing.

This program is different than the approach EPA uses for other

mobile sources, such as on-highway motor vehicles. The more traditional

approach relied on for assuring that the engines are produced as

designed for other mobile sources is called Selective Enforcement

Auditing (SEA). In the SEA program, EPA audits the emissions of new

production engines by requiring manufacturers to test engines pulled

off the production line upon short notice. This spot checking approach

relies largely on the deterrent effect: The premise is that

manufacturers would design their engines and production processes and

take other steps necessary to make sure their engines are produced as

designed and thereby avoid the penalties associated with failing SEA

tests, should EPA unexpectedly do an audit.

EPA has taken a different approach in the marine engine production

line testing program: This program implements a more flexibly organized

testing regime that acts as a quality control method that manufacturers

will proactively utilize and monitor to assure compliance.

Manufacturers will continue to take steps to produce engines within

statistical tolerances and assure compliance aided by the quality

control data generated by PLT which will identify poor quality in real

time.

As proposed, EPA is employing a statistical procedure known as the

Cumulative Sum (CumSum) Procedure in the Production Line Testing

Program that will enable manufacturers to select engines at appropriate

sampling rates for emission testing and will determine whether

production line engines are complying on average with emission

standards. CumSum procedures are used for the detection of changes in

the average level of a process; this procedure is useful both as an

assessment tool for EPA and a quality control tool for engine

manufacturers. The procedure is capable of detecting significant

changes in the average level of a process, while ignoring minor

fluctuations that are simply acceptable variation in the process.

EPA will also finalize a SEA program that will serve as a backstop

measure should the marine engine production line testing program become

problematic. For example, if EPA became aware of reporting fraud or

improper testing procedures, it would be appropriate for EPA to perform

selective enforcement audits to assure compliance. Additional reasons

for SEA are discussed in the proposal and supplemental proposal.

Should production line or SEA testing show that an engine family is

not complying with its FEL, EPA may suspend or revoke the engine family

Certificate of Conformity in whole or in part. Before the suspension or

revocation goes into effect, EPA will work with the manufacturer to

facilitate approval of the required production line remedy in order to

eliminate the need to halt production if possible. To have the

certificate reinstated subsequent to a suspension, or reissued

subsequent to a revocation, the manufacturer must raise the FEL for the

applicable production engines or demonstrate by showing passing data

that improvements, modifications, or replacement have brought the

engine family into compliance with the existing FEL. If the

manufacturer raises the FEL, all data accumulated during the model year

but prior to the FEL change would be recalculated with the new FEL,

including the certification credits.

Under the final rule, EPA may allow FEL changes to engines

previously produced based on PLT testing. EPA is adopting this more

flexible approach for this rulemaking as a pilot program provision.

This rulemaking is an appropriate place to try this provision because

the total scope of the marine requirements include a fairly

comprehensive production line testing and in-use testing program based

on the principle of gaining more and better emission information upon

which to determine compliance. EPA will monitor manufacturers' use of

FEL changes and may implement appropriate regulatory changes if

manufacturers are attempting to change FELs to levels that do not

provide adequate assurance of in-use emission levels (e.g., ``shaving

FELs'') or gaming the system to skew certification credits at the

expense of or to the benefit of in-use credits.

While EPA may allow FEL changes to apply to engines previously

produced based on PLT data and Administrator approval, EPA has not

allowed this for Selective Enforcement Auditing (SEA) or as an

alternative to recall in the past for other mobile sources and is not

allowing it for SEA or as an alternative to recall of gasoline marine

engines either. Allowing FEL changes to be made on engines previously

produced in this rulemaking does not imply that it will be preferred

for other rulemakings, SEA, or as an alternative to recall in the

future. EPA thinks it important that the deterrent effect of the SEA

and recall programs be maintained. Therefore, exceedance of the FEL in

an SEA may be the basis for recall and exceedance of the FEL in use may

be the basis for recall or the use of the in-use credit program.

Both the production line testing and SEA programs are authorized

under section 206(b) of the CAA, 42 U.S.C. 7525(b). This provision of

the CAA authorizes EPA to test new production engines to determine

whether such engines do in fact conform to the emission standards with

respect to which the certificate of conformity was issued. In addition,

the Agency may require that a manufacturer test the engines in

compliance with conditions specified by EPA. Further, section 208(a)

directs manufacturers to establish and maintain records, perform tests

where such testing is not otherwise reasonably available under Part A,

Title II, of the CAA, make reports, and provide information that the

agency may reasonably require to determine whether the manufacturer has

complied with applicable emission standards. 42 U.S.C. 7542(a).

3. In-Use Testing and Remediation

As proposed, EPA is finalizing a manufacturer's in-use testing

program. This testing will provide information regarding the in-use

emission performance of engines in relation to the expected in-use

performance to which the engines were designed and built. Further, the

Agency is allowing manufacturers to engage in averaging, banking and

trading of in-use emission credits to reconcile the in-use test results

as an alternative to mandatory recall. Positive emission credits may be

generated from an engine family whose average in-use emission

performance is lower than its FEL and may be used to offset in-use

emission performance in excess of the FEL by another engine family

discovered through the in-use testing program. Based on such use of

credits, EPA would plan on not making a determination that a

substantial number of engines in the engine family fail to conform with

the applicable standards.

Manufacturer based in-use testing is advantageous because it is an

innovative method of gaining acceptable knowledge of in-use engine

emission performance. Further, the in-use credit program allows for an

expedient and appropriate remediation under the circumstances. An

alternative to mandatory recall is also necessary based on the limited

ability to conduct effective recalls as discussed in more detail below.

In the more traditional approach, EPA focuses on targeted audit testing

wherein the deterrent threat of recalling and fixing engines is

designed

[[Page 52095]]

to provide incentive to manufacturers to ensure engines comply in-use.

EPA is finalizing the recall provisions as a backstop measure, yet is

hopeful that the new approach of the in-use testing program and in-use

credit program is effective and obviates the need for the Agency to

consider the recall provisions.

i. In-Use Testing Program

This program contains elements designed to minimize the burden on

the industry while maintaining a strong incentive to build engines that

meet applicable standards when in actual use. Gasoline marine engine

manufacturers will be subject to an in-use testing period of up to 10

years or 350 hours (whichever occurs first), except for personal

watercraft, which would be 5 years or 350 hours of operation (whichever

occurs first).

The in-use testing program provides that a portion of a

manufacturer's engine families will be tested each year and provides

for greatly reduced testing if the initial engines are in compliance.

Manufacturers may establish different fleets of engines for their in-

use testing program. Each engine within a fleet must have experienced

conditions that are representative of actual in-use conditions. EPA

will provide guidance for manufacturers in establishing proper

maintenance practices for their in-use testing program.

Under this program, the manufacturer will have certain discretion

to establish its own in-use testing program within EPA's guidelines.

For example, EPA may designate a certain engine family to be tested for

a particular model year. At that time, the manufacturer can determine

when and where the in-use testing will take place at its own

facilities.

In-use compliance with emission standards will be determined based

on test results using the same test procedure as that used in

certification. The in-use testing program is authorized under section

208(a) of the CAA, 42 U.S.C. 7542(a). Section 208(a) directs

manufacturers to establish and maintain records, perform tests where

such testing is not otherwise reasonably available under Part A, Title

II, of the CAA, make reports, and provide information that the agency

may reasonably require to determine whether the manufacturer has

complied with applicable emission standards. 42 U.S.C. 7542(a).

ii. In-Use Credit Program

EPA is finalizing the marine engine in-use credit program which is

designed to reduce compliance cost without reducing environmental

benefits. The program provides manufacturers with flexibility in

addressing potential in-use noncompliance in a way that EPA agrees

would avoid the need for a determination of nonconformity under section

207(c) of the Act, and thereby avoid a recall. As proposed,

participation in this program is voluntary.

The flexibility that this program provides is appropriate given the

particular circumstances of the marine engine industry. In the event

that engine families fail in-use testing, EPA believes that recalling

the nonconforming engines would be particularly burdensome and

impractical for this industry, mainly due to the difficulty of tracking

the nonconforming engines. If registration with a government entity

occurs, it is the vessel that is registered, not the vessel's engine;

manufacturers of marine engines do not typically know in what vessels

their engines are installed. Tracking the engines would thus be

cumbersome and difficult, especially because manufacturers estimate

that the owner moves or the vessel is typically sold about four years

after the initial purchase. Therefore, recalling the engines would

likely require substantial resources, yet not be highly effective in

actually remedying the excess emissions.

The Agency has the authority to promulgate this in-use credit

program under the circumstances. The CAA provides that the marine

engine emission standards, when finalized, shall be subject to section

207 of the Act, ``with such modifications of the applicable regulations

* * * as the Administrator deems appropriate.'' 42 U.S.C. 7547(d).

Section 213 requires engines to comply with emission standards when in

actual use throughout their regulatory useful lives, and section 207

requires a manufacturer to remedy in-use nonconformity when EPA

determines that a substantial number of properly maintained and used

engines fail to conform with the applicable emission standards. 42

U.S.C. 7541. Once EPA makes this determination, recall would be

necessary to remedy the nonconformity. However, under the circumstances

here, where OB/PWC marine engines use ABT to comply with the emission

standards at certification and it is expected that recall would be

impractical and largely ineffective, it is appropriate not to make a

determination of substantial nonconformity where a manufacturer uses

ABT to offset in-use noncompliance. Thus, the CAA offers EPA the

discretion to not make a section 207(c) determination of substantial

nonconformity where a marine engine manufacturer uses ABT to offset any

noncompliance with the statute's in-use performance requirements.

Though the language of section 213(d) is silent on the issue of

averaging, it allows EPA considerable discretion in determining what

modifications to the on-highway regulatory scheme are appropriate for

nonroad engines.

In-use credits are based upon in-use testing conducted by the

manufacturer. For a given engine family, the in-use compliance level

(CL) is determined by averaging the results from in-use testing

performed for that engine family. If the in-use CL is below the

applicable FEL to which the engine family is certified, the

manufacturer will generate in-use credits for that engine family. If

the in-use CL is above the applicable FEL, the engine family will

experience a credit deficit. The in-use credit program credits are

calculated in the same manner as the certification credits, except that

the basis is the difference between the CL and the FEL, not between the

FEL and the standard. All other elements of the credit calculation are

the same, including the use of engine family sales, use, sales-weighted

power, load factor, and survival probability.

iii. Recall Provisions

EPA will be actively monitoring and evaluating the results of the

in-use testing and in-use credit programs so as to ensure that it is

unnecessary to utilize the recall provisions. However, if these new,

innovative programs do not produce adequate assurance of corporate in-

use compliance, the recall provisions serve as a backstop that can be

utilized.

EPA expects that remedial action under section 207(c) would be

largely ineffective, both because industry structure and engine owner

turnover make it difficult for a manufacturer to identify the owners of

a nonconforming engine, and because safety recalls of marine engines

have generated little consumer response in the past. This is why the

in-use credit program is an important element of the overall compliance

program. However, despite the difficulties associated with recalling

gasoline marine engines, EPA is finalizing the provisions because the

in-use credit program is a new and unproven type of program to address

in-use compliance and EPA thinks that applying the recall subpart makes

it more direct and expedient to take action if necessary. Section

213(d) of the CAA provides that new nonroad engines ``shall be

subject'' to the provisions of sections 206-209 (42 U.S.C. 7547(d)).

[[Page 52096]]

Under section 207(c) of the CAA the Administrator must require

manufacturers to recall applicable engines if the Administrator

determines that a substantial number of properly maintained and used

engines are tested and found not to conform with applicable emissions

standards when in actual use throughout their useful life. See Center

for Auto Safety v. EPA, 747 F.2d 1 (D.C. Cir. 1984).

As proposed, the useful life and in-use testing period for spark-

ignition marine engines will be for 10 years or 350 hours of operation

(whichever occurs first), except personal watercraft, which would be 5

years or 350 hours of operation (whichever occurs first). The actual

repair period for which a manufacturer must remedy nonconformities

would not be limited by the in-use testing period but by the regulatory

useful life. Thus any resulting recall may apply to all engines of the

recall family within the regulatory useful life at the time EPA makes a

determination of substantial nonconformity. However, the age and hours

of operation of the engine at the time of repair is not relevant. So

long as an engine was within its useful life as of the date of the

nonconformity determination, it is subject to recall repair even if it

has been operated beyond the useful life period at the time the

manufacturer recalls the engine or the repair is performed.

Given the unique nature of the OB/PWC industry, all innovative

compliance program elements described above, and the complications with

recall described above for this industry, EPA thinks it appropriate to

excercise discretion to limit recall repair liability in this rule in

this way. The Agency does not expect limiting the recall repair

liability as described above to affect compliance enforcement or the

emission reductions expected from this rule.4

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\4\ EPA's authority to impose recall repair liability is broader

than EPA chooses to finalize with respect to the marine final

rulemaking today. See 40 CFR part 85, subpart S, appendix A. See

also GM v. Ruckelshaus, 742 F.2d 1561 (D.C. Cir. 1984) (en banc),

cert. denied, 471 U.S. 1074 (1985). The action taken today is

limited to OB/PWC spark-ignition marine engines and does not affect

the recall repair liability of other mobile sources. Further, it is

based on the unique circumstances cited above.

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4. Consumer Warranty on Emission Components

In accordance with section 207(a) of the CAA, manufacturers must

warrant to the ultimate purchaser and any subsequent purchaser, for a

specified warranty period set by EPA, that the emission related

components and systems of OB/PWC engines are free from defects in

material or workmanship which would cause such engine to fail to

conform with applicable regulations. The statute also requires

manufacturers to provide a ``time of sale'' warranty that the engine is

designed, built, and equipped so as to conform at the time of sale with

applicable emission regulations. See 42 U.S.C. 7541(a)(1). This

consumer warranty covers both ``major emission control components'' and

``emission related components''. Major emission control components

include such items as catalytic converters, exhaust gas recirculation,

air injection systems, and thermal reactors. Such components have a

significant effect on the emissions of the engine if they are defective

or malfunctioning. Emission related components include such systems and

related sensors as the fuel metering system, ignition system, and air

induction system. These components affect emission performance but are

different from major emission control components in that they are not

designed specifically for emission control.

EPA has decided to phase-in the defect warranty requirements in the

early years of the program, gradually increasing the warranty time

period until in model year 2004 and after the warranty period is 3

years or 200 hours, whichever comes first, for major emission control

components and 2 years or 200 hours, whichever comes first, for

emission related components. For model years 2001, 2002, and 2003,

emission related components need only be covered for 1 year while the

major emission control components, which EPA is most concerned about,

will be warranted for 3 years or 200 hours beginning in 2001. For model

years 2000 and sooner, major emission control components and emission

related components need only be covered for a minimum of 1 year.

Current standard manufacturers warranties of the type this rule

applies to are one year in length. Some manufacturers offer two year

warranties, but this is the exception rather than the norm. The

warranty requirements in this rule double or triple the warranty time

period for those items related to the emission characteristics of the

engine. This warranty will help ensure the manufacturing of a durable

emission system and will require the manufacturer to cover all repairs

and replacements involving emission related components at no cost to

the ultimate purchaser during the warranty period.

5. Manufacturer Reporting of Engines With Emission Defects and

Voluntary Emission Recalls

The Agency is adopting the proposed emission defect reporting

regulations which require a manufacturer to file a defect information

report whenever a manufacturer identifies the existence of a specific

emission-related defect in 25 or more engines manufactured in the same

model year. However, no report would need to be filed if the defect was

corrected prior to the sale of the affected engines to the ultimate

purchaser. Further, manufacturers must file a report whenever a

voluntary emission recall is undertaken.

Reporting of emission defects is important in helping EPA identify

engine families for in-use testing and assisting in resolution of

warranty claims and monitoring misbuilds and other emission quality

issues across manufacturers.

6. Tampering With Emission Components

In accordance with section 203(a)(3)(A), the Agency is adopting

provisions that will prohibit tampering with marine engine emission

components. All persons will be prohibited from tampering with any

emission-related component or element of design installed on or in a

marine engine. Marine tampering provisions will help ensure that in-use

engines remain in certified configurations and continue to comply with

emission requirements. The Agency has applied the existing policies

developed for on-highway tampering to engines included in this rule.

(See Office of Enforcement and General Counsel; Mobile Source

Enforcement Memorandum No. 1A, June 25, 1974.)

7. Engines Excluded or Exempted From Regulations

EPA is adopting the proposed regulations which allow manufacturers

and other persons, where appropriate, to obtain exemptions from

regulation for certain purposes. These purposes include research,

investigations, studies, demonstrations, training, or for reasons of

national security. Export exemptions, manufacturer-owned engine

exemptions, and some national security exemptions are granted without

application. Other exemptions are obtained by application.

Nonconforming engines used solely in competition will be excluded

from this rule. Engines other than those used in competition may be

excluded if the Administrator determines that the exclusion is

necessary because emission

[[Page 52097]]

control modifications would be unsafe, impractical, or highly unlikely

because of features that are not easily removed.

8. Prohibition on Importation of Uncertified Engines Into the United

States

Nonconforming marine engines originally manufactured after the

effective date of this rule, will not be permitted to be imported for

purposes of resale, except as specifically permitted by this action.

This rule provides certain exemptions for various reasons, including

temporary exemptions for repairs and alterations, testing and display,

and permanent importation exemptions for national security and certain

marine engines proven to be identical, in all material respects, to

their corresponding EPA certified versions.

The Agency has decided not to establish an independent commercial

importers (ICI) program for marine engines.

9. Revisions to Small SI (40 CFR part 90) and Large CI (40 CFR part 89)

Regulations--Added Exemptions

EPA is finalizing the provisions, as proposed, regarding exemptions

for other nonroad regulations, including small SI engines and large CI

engines. No comments were received that opposed these provisions. The

exemptions for nonroad categories are now comparable to highway

engines. The finalized provisions include the addition of competition

exclusion and revised criteria for national security exemption.

V. Discussion of Issues

This section of the preamble discusses the two most significant

issues that arose in comments on the NPRM and SNPRM. There are many

important issues that are not discussed here, rather, that are analyzed

in the Summary and Analysis of Comments document. This is a separate

document and is available to the public, as described in the

Supplementary Information section at the beginning of this preamble.

Further discussion of the two issues presented here also appear in the

Summary and Analysis of Comments document.

A. No Sterndrive or Inboard Emission Standards

A sterndrive or inboard (SD/I) engine is an engine which utilizes a

four-stroke, automotive style engine block which has been modified

(i.e., marinized) to facilitate the marine application. The design is

such that the engine (and drive unit in the case of inboard engines) is

internal to the hull of the marine vessel. These current, uncontrolled

SD/I engines are over 85 percent cleaner than existing OB/PWC engines

for HC. With this rule seeking a 75 percent reduction in emissions from

OB/PWC engines on average, these SD/I engines will remain comparatively

cleaner than levels expected to be achieved from regulated OB/PWC by MY

2006.

Section 213(a)(3) directs EPA to establish emission standards for

``classes or categories'' of new nonroad engines which achieve the

``greatest degree of emission reduction achievable through the

application of technology * * *, giving appropriate consideration to

the cost of applying such technology within the period of time

available to manufacturers'' and other factors. 42 U.S.C. 7545(a)(3).

In this rulemaking, EPA is treating all marine spark-ignition engines

as one ``class or category'' of new nonroad engines for which EPA is

establishing emission standards. SD/Is constitute one subclass or

subcategory of the marine SI class or category, while OB/PWC

constitutes another subclass or subcategory. In the SNPRM, EPA

requested comment on two proposals for SD/I emission standards: (1) \2/

3\ MY 2006 OB/PWC HC+NOX cap SD/I emission standard (with the

proposed ``postcard cert'' program) or, (2) no SD/I emission standard.

In general, commenters supported both the SNPRM proposals. After

further analyzing the comments and both options, EPA is finalizing no

SD/I emission standards.5

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\5\ The Summary and Analysis of Comments document provides a

full discussion of the comments received on this issue.

---------------------------------------------------------------------------

EPA has determined that it is appropriate to impose the HC+NOX

emission standard for OB/PWC described above, and no HC or NOX

standard for SD/I. EPA believes not imposing an emission standard for

SD/I engines achieves greater emission reductions from gasoline marine

engines as a class or category than would imposition of SD/I emission

standards as proposed in the NPRM or SNPRM, and at less cost to the

gasoline marine engine industry as a whole. Because there will be no

costs of regulatory compliance imposed on SD/I engines, these engines

will become relatively cheaper than regulated OB/PWC. This shift in

relative cost is expected to encourage manufacturers to offer a greater

range of SD/I engines, including smaller SD/Is that could compete with

smaller power output OB/PWC. As a result, EPA expects to realize

greater emission reductions from the gasoline marine engine category as

a whole due to some substitution of SD/Is for OB/PWC than would be

expected to occur with the alternative proposals for SD/I emission

standards proposed in the NPRM and SNPRM, and at lesser cost.6

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\6\ The SNPRM proposal to apply a level of two-thirds of the

final OB/PWC curve would not require manufacturers to physically

change the engines. However, to the extent that an emission standard

imposes costs on SD/I engines, such standards may tend to limit SD/I

substitution for OB/PWC. Therefore, somewhat less emissions

reductions would be obtained than if there were no SD/I standard at

all, while more cost would be imposed on the gasoline marine engine

industry as a whole.

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In the SNPRM, EPA requested comment on whether the imposition of

SD/I standards at the level proposed in the SNPRM would offer a useful

backstop against emissions backsliding (i.e. worsening of emissions

performance) by SD/I. EPA did not receive any comments suggesting a

concern with potential backsliding. The only comment received indicated

that the risk of backsliding was low because the market is driven by

performance and would already have exhibited backsliding if this

involved a performance increase. Since this is not the case, the

commenter indicated that backsliding was unlikely.

EPA believes that emissions backsliding is not a realistic concern

with SD/I for several reasons. First, these engines have been moving

toward electronic fuel injection technology to gain better control over

engine performance, which may also result in better emission

performance. Second, customer demands for both low odor and low smoke

discourage manufacturers from selling engines that have higher

emissions. Third, emission performance of the engine blocks used in

marine engines is improving because of carryover of on-highway

emission-related block designs.

EPA plans to issue guidance to states that provides information on

the relative emissions from the class or category of gasoline marine

engines. This guidance will explain that EPA is not finalizing emission

standards for the subclass or subcategory of SD/I engines because they

are relatively clean. If at some point in the future it may be

appropriate to regulate SD/I engines, EPA believes it is generally more

efficient to regulate SD/I engines on a national basis. Information

voluntarily provided by industry that exemplifies the emission

characteristics of the fleet of SD/I engines will be included in the

guidance. However, EPA is not requiring the reporting of such

information.

[[Page 52098]]

B. Outboard/Personal Watercraft (OB/PWC) Emission Standards Meet

Statutory Criteria

EPA is finalizing an HC+NOX average emission standard, which

when completely phased-in (model year 2006), will result in at least an

overall 75 percent reduction in HC emissions from OB/PWC compared to

baseline levels. The HC emission reduction will come from the use of

cleaner technologies, such as 2-stroke direct injection, 4-stroke,

catalyst, or other technologies, for OB/PWC.

EPA has determined that this standard for the OB/PWC subcategory,

together with the lack of a standard for SD/I, is appropriate under the

statutory criteria of CAA section 213(a)(3). In selecting emission

standards for new nonroad engines, section 213(a)(3) directs EPA to

establish ``the greatest degree of emission reduction achievable

through the application of technology* * *, giving appropriate

consideration to the cost of applying such technology with in the

period of time available to manufacturers'' and other factors. 42

U.S.C. 7545(a)(3). The Regulatory Impact Analysis and Summary and

Analysis of Comments Document further discuss all issues relating to

the appropriateness of the emission standard according to the statutory

criteria specified in section 213(a)(3), including technology, cost,

noise, energy, and safety factors. In assessing the impact of

techological changes and considering the associated cost impacts, EPA

analyzed the following among other factors.

1. The marginal cost-effectiveness of emission control.

2. Consideration of price elasticity effects.

3. Spreading capital control costs over time.

4. The level of the NOX standard and associated technology

options.

5. The emission standard structure.

Based on this analysis, EPA proposed in the NPRM the OB/PWC HC

standard incorporated into the HC+NOX standard for OB/PWC

finalized in this action.

Some commentors questioned the use of marginal cost-effectiveness

as a consideration in setting the emission standard while other

commenters supported this approach. The language of section 213(a)(3)

does not expressly require EPA to use a cost-effectiveness analysis

when establishing a new nonroad engine standard. However, the language

does give EPA broad latitude to give consideration to the cost of

applying new emission reducing technologies. One option that EPA

retains in giving ``appropriate'' consideration to such cost is to look

at cost-effectiveness (and also price elasticity effects and the spread

of capital control costs over time). EPA thinks it appropriate to take

into consideration marginal cost-effectiveness in setting the gasoline

marine OB/PWC HC+NOX emission standard because it is a reasonable

way to take into account the sensitive financial position of the

industry, the discretionary nature of the purchases and the resulting

impact on emissions, and the magnitude of investment estimated to

reduce exhaust emissions. A further discussion of these issues may be

found in the RIA, the Summary and Analysis, and the two prior

proposals.

Figure 1 shows the marginal cost-effectiveness of control

technology for gasoline marine OB/PWC. This curve represents the

emission reductions, including the tradeoff between HC and NOX,

associated with the cost of control technologies for OB/PWC engine

families. The underlying data is based on manufacturer's best estimates

of control technology options. EPA's analysis of these estimates has

concluded that they are reasonable estimates. To the extent that they

are not exact, EPA nonetheless expects the shape of the curve to remain

consistent. These conclusions are discussed in more detail throughout

the Regulatory Impact Analysis.

EPA has chosen to set the average HC+NOX emission standard at

an HC reduction of 75 percent from baseline levels. EPA believes that

the OB/PWC HC+NOX standard adopted today is appropriately based on

the criteria set out in CAA section 213(a)(3). The standard will

achieve significant reductions from a previously unregulated category,

calling for significant investment to develop and apply the

technological changes needed to achieve these reductions. This

technology will be available, and will not impose undue costs on either

the industry or consumers. Beyond this 75 percent level costs

dramatically rise disproportionately in relation to further reductions.

The marginal cost-effectiveness curve is practically vertical at the 90

percent HC reduction level. EPA believes that a 75 percent reduction

level, at this time, is the appropriate level of reductions based on

all of the criteria found in CAA section 213(a)(3).

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[[Page 52100]]

VI. Regulatory Impact Analysis

EPA performed a draft Regulatory Impact Analysis (RIA) for the NPRM

and received comment from the public regarding this draft RIA. Such

comments are discussed in the Summary and Analysis of Comments Document

and in the Regulatory Impact Analysis that was revised for this final

rulemaking. These are separate documents from this preamble and are

available to the public, as described in the Supplementary Information

section at the beginning of this preamble. An extensive discussion of

the emission reduction technology that EPA evaluated may be found in

the RIA.

The cost-effectiveness of the program for OB/PWC engines is

approximately $1000 per ton HC reduced. This number represents EPA's

estimate of the ratio of the net present value of the annualized costs

to consumers to the net present value of the annualized national HC

inventory reduction in tons. These net present values are taken over

the time horizon in which the fleet is expected to fully turn over.

This ratio is relatively low compared to most other HC national

reduction strategies.

EPA expects that average costs for OB/PWC engines will increase

modestly, approximately 10-15%, or approximately $700 on the average

power output engine. These modest increases would potentially be much

larger if EPA had not structured the emission standard and

administrative program provisions with the broadest market

flexibilities possible. This action is designed to provide

manufacturers with the utmost flexibility to find the lowest cost

solutions to meeting the emission reduction targets.

Table 3 shows approximate percent reductions in the national OB/PWC

HC inventory that this regulation will produce. Emission reductions are

achieved via fleet turnover and thus the 75 percent reduction is not

approached until years after the implementation date. The time horizon

for complete fleet turnover is very long for gasoline marine engines,

potentially up to 50 years for some engines.

Table 3.--Projected Inventory Reductions

------------------------------------------------------------------------

Percent

reduction

Year in OB/PWC

HC

inventory

------------------------------------------------------------------------

2000....................................................... 4

2005....................................................... 26

2010....................................................... 52

2015....................................................... 68

2020....................................................... 73

2030....................................................... 75

2040....................................................... 75

2050....................................................... 75

------------------------------------------------------------------------

VII. Administrative Requirements

A. Reporting and Recordkeeping Requirements

The information collection requirements in this rule have been

submitted for approval to the Office of Management and Budget (OMB)

under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. EPA prepared

eight Information Collection Request (ICR) documents for the NPRM. Two

ICRs were approved before publication of the SNPRM and new ICRs were

submitted as a result of the revised proposals. Copies of the ICR

documents may be obtained from Sandy Farmer, Information Policy Branch;

EPA; 401 M St., SW. (mail code 2136); Washington, DC 20460 or by

calling (202) 260-2740.

The eight ICR documents that have been prepared are:

------------------------------------------------------------------------

EPA ICR

document Type of information

number

------------------------------------------------------------------------

1722.01.. Certification/AB&T.

282.07... Emission Defect Information.

1723.01.. Importation of Nonconforming Engines.

1724.01.. Selective Enforcement Auditing.

0012.08.. Engine Exclusion Determination.

0095.07.. Precertification and Testing Exemption.

1725.01.. Manufacturers' Assembly Line Testing.

1726.01.. Manufacturers' In-use Testing.

1763..... In-Use Credit Program.

------------------------------------------------------------------------

Each ICR document estimates the public reporting, recordkeeping,

and testing burden for collecting the specified information, including

time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing the

collection of information. EPA estimates that the public burden for the

collection of information for all ICRs under the final rule as a whole

would average approximately 6,900 hours annually for a typical engine

manufacturer. This estimate is based on the revised estimates submitted

as a result of the proposals. The original estimates included estimates

of very low burden for some small manufacturers (such as gasoline SD/I

manufacturers) and smaller estimates for compression-ignition diesel

engine manufacturers that produced a lower average number in the

previous proposals. The hours spent by a manufacturer for information

collection activities in any given year would be highly dependent upon

manufacturer specific variables, such as the number of engine families,

production changes, emissions defects, etc.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden to Chief, Information Policy Branch, EPA, 401 M Street, SW. (PM-

223Y), Washington, DC 20460; and to the Office of Information and

Regulatory Affairs, Office of Management and Budget, Washington, DC

20503, marked ``Attention: Desk Officer for EPA.''

B. Impact on Small Entities

EPA has determined that the final regulations do not have a

significant impact on a substantial number of small entities. This is

largely because the final rulemaking does not apply to SD/I or diesel

compression-ignition (CI) engines. As explained in the SNPRM, EPA

proposed many flexibilities for SD/I and diesel CI manufacturers

because of EPA concerns regarding the significant impact on a

substantial number of small manufacturers of SD/I or diesel CI engines.

However, EPA is not finalizing emission standards for SD/I or diesel CI

engines.

EPA does not think the final rule being promulgated will have a

significant impact on a substantial number of small entities primarily

because there is not a substantial number of small OB/PWC manufacturers

which this rule affects. One OB/PWC manufacturer who commented on the

rule may be considered a small entity by virtue of having less than 500

employees for parent company and subsidiaries. EPA suspects that there

is one additional manufacturer that may qualify as a small entity. The

other OB/PWC manufacturers exceed the applicable size standard for the

relevant type of small business as established by the Small Business

Administration. Therefore, it appears that there may be at most two

small entities affected by this rule.

EPA is finalizing many flexibilities for smaller volume OB/PWC

engine manufacturers and smaller volume engine families. Also, EPA has

taken into consideration the potential competitive impacts on some

smaller volume manufacturers in finalizing

[[Page 52101]]

provisions relating to averaging emissions across OB and PWC products.

The Summary and Analysis of Comments addresses these flexibilities and

competitive concerns.

C. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is a ``major rule'' as defined by 5 U.S.C.

804(a).

D. Executive Order 12866

Under Executive Order 12866,7 the Agency must determine

whether the regulatory action is ``significant'' and therefore subject

to review by OMB and the requirements of the Executive Order. The Order

defines ``significant regulatory action'' as one that is likely to

result in a rule that may:

---------------------------------------------------------------------------

\7\ 58 FR 51735 (October 4, 1993).

---------------------------------------------------------------------------

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or state, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

Pursuant to the terms of Executive Order 12866, the Agency has

determined that this rulemaking is a ``significant regulatory action''

because it may have an annual effect on the economy of $100 million or

more or may adversely affect in a material way that sector of the

economy involved with the production of gasoline marine engines. As

such, this action was submitted to OMB for review. Changes made in

response to OMB suggestions or recommendations will be documented in

the public record.

E. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.

L. 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``Federal mandates'' that

may result in expenditures to State, local, and tribal governments, in

the aggregate, or to the private sector, of $100 million or more in any

one year. Before promulgating an EPA rule for which a written statement

is needed, section 205 of the UMRA generally requires EPA to identify

and consider a reasonable number of regulatory alternatives and adopt

the least costly, most cost-effective or least burdensome alternative

that achieves the objectives of the rule. The provisions of section 205

do not apply when they are inconsistent with applicable law. Moreover,

section 205 allows EPA to adopt an alternative other than the least

costly, most cost-effective or least burdensome alternative if the

Administrator publishes with the final rule an explanation why that

alternative was not adopted. Before EPA establishes any regulatory

requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under

section 203 of the UMRA a small government agency plan. The plan must

provide for notifying potentially affected small governments, enabling

officials of affected small governments to have meaningful and timely

input in the development of EPA regulatory proposals with significant

Federal intergovernmental mandates, and informing, educating, and

advising small governments on compliance with the regulatory

requirements.

Today's rule contains no Federal intergovernmental mandates (under

the regulatory provisions of Title II of the UMRA) because there are no

enforceable duties on State, local, or tribal governments. However, EPA

has determined that this rule contains a Federal mandate that may

result in expenditures of $100 million or more for the marine industry

in any one year. Accordingly, EPA has prepared under section 202 of the

UMRA a written statement which is included in the Regulatory Impact

Analysis (RIA). A qualitative and quantitative assessment of the

anticipated benefits and costs of this rule is available in the written

statement included in the RIA. In summary, this rule achieves

reductions in HC which will contribute to the reduction of VOCs and

ozone in ozone nonattainment areas throughout the U.S. The cost-

effectiveness of this rule is approximately $1000 per ton HC reduced.

The annualized costs of this rulemaking exceed $300 million in 2006,

which is roughly 7% of projected retail expenditures on OB/PWC in that

year. The average cost for OB/PWC engines will increase approximately

10-15% or $700 on the average power output engine.

EPA identified and considered a range of options in its proposal of

this rule, as described in detail in the NPRM and SPNRM. In finalizing

this rule, EPA has adopted the least costly, most cost-effective or

least burdensome alternative that achieves the objectives of the rule

and complies with the Agency's statutory mandate under section

213(a)(3) of the Clean Air Act.

List of Subjects

40 CFR Part 89

Environmental protection, Administrative practice and procedure,

Air pollution control, Confidential business information, Imports,

Incorporation by reference, Labeling, Nonroad source pollution,

Reporting and recordkeeping requirements.

40 CFR Part 90

Environmental protection, Administrative practice and procedure,

Air pollution control, Confidential business information, Imports,

Incorporation by reference, Labeling, Nonroad source pollution,

Reporting and recordkeeping requirements.

40 CFR Part 91

Environmental protection, Administrative practice and procedure,

Air pollution control, Confidential business information, Imports,

Incorporation by reference, Labeling, Nonroad source pollution,

Reporting and recordkeeping requirements.

Dated: July 31, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I of the

Code of Federal Regulations is amended as follows:

PART 89--[AMENDED]

1. The authority citation for part 89 continues to read as follows:

Authority: Sections 202, 203, 204, 205, 206, 207, 208, 209, 213,

215, 216, and 301(a) of the Clean Air Act, as amended (42 U.S.C.

7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550,

and 7601(a)).

[[Page 52102]]

2. Section 89.2 is amended by revising the definition of ``new'' to

read as follows:

Sec. 89.2 Definitions.

* * * * *

New for purposes of this part, means a nonroad engine, nonroad

vehicle, or nonroad equipment the equitable or legal title to which has

never been transferred to an ultimate purchaser until after the engine,

vehicle, or equipment is placed into service, then the engine, vehicle,

or equipment will no longer be new after it is placed into service. A

nonroad engine, vehicle, or equipment is placed into service when it is

used for its functional purposes. With respect to imported nonroad

engines, nonroad vehicles, or nonroad equipment, the term ``new'' means

an engine, vehicle, or piece of equipment that is not covered by a

certificate of conformity issued under this part at the time of

importation, and that is manufactured after the effective date of a

regulation issued under this part which is applicable to such engine,

vehicle, or equipment (or which would be applicable to such engine,

vehicle, or equipment had it been manufactured for importation into the

United States.

* * * * *

3. Section 89.908 is revised to read as follows:

Sec. 89.908 National security exemption.

(a)(1) Any nonroad engine, otherwise subject to this part, which is

used in a vehicle that exhibits substantial features ordinarily

associated with military combat such as armor and/or permanently

affixed weaponry and which will be owned and/or used by an agency of

the federal government with responsibility for national defense, will

be considered exempt from these regulations for purposes of national

security. No request for exemption is necessary.

(2) Manufacturers may request a national security exemption for any

nonroad engine, otherwise subject to this part, which does not meet the

conditions described in paragraph (a)(1) of this section. A

manufacturer requesting a national security exemption must state the

purpose for which the exemption is required and the request must be

endorsed by an agency of the federal government charged with

responsibility for national defense.

(b) EPA will maintain a list of models of nonroad engines (and the

vehicles which use them) that have been granted a national security

exemption under paragraph (a)(2) of this section. This list will be

available to the public and may be obtained by writing to the following

address: Group Manager, Engine Compliance Programs Group, Engine

Programs and Compliance Division (6403J) Environmental Protection

Agency, 401 M Street SW, Washington, DC 20460.

PART 90--[AMENDED]

4. The authority citation for part 90 continues to read as follows:

Authority: Sections 203, 204, 205, 206, 207, 208, 209, 213, 215,

216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522,

7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)).

5. Section 90.903 is revised to read as follows:

Sec. 90.903 Exclusions, application of section 216 (10) and (11) of

the Act.

(a) For the purpose of determining the applicability of section

216(10) of the Act, an internal combustion engine (including the fuel

system) that is not used in a motor vehicle is deemed a nonroad engine,

if it meets the definition in subpart A of this part. For the purpose

of determining the applicability of section 216(11) of the Act, a

vehicle powered by a nonroad engine is deemed a nonroad vehicle, if it

meets the definition in subpart A of this part.

(b) EPA will maintain a list of models of nonroad engines and

models of nonroad vehicles that have been determined to be excluded

because they are used solely for competition. This list will be

available to the public and may be obtained by writing to the following

address: Group Manager, Engine Compliance Programs Group, Engine

Programs and Compliance Division (6403J) Environmental Protection

Agency, 401 M Street SW., Washington, DC 20460.

(c) Upon written request with supporting documentation, EPA will

make written determinations as to whether certain engines are or are

not nonroad engines. Engines that are determined not to be nonroad

engines are excluded from regulations under this part.

6. Section 90.908 is revised to read as follows:

Sec. 90.908 National security exemption.

(a)(1) Any nonroad engine, otherwise subject to this part, which is

used in a vehicle or equipment that exhibits substantial features

ordinarily associated with military combat such as armor and/or

permanently affixed weaponry and which will be owned and/or used by an

agency of the federal government with responsibility for national

defense, will be considered exempt from this part for purposes of

national security. No request for exemption is necessary.

(2) Manufacturers may request a national security exemption for any

nonroad engine, otherwise subject to this part, which does not meet the

conditions described in paragraph (a)(1) of this section. A

manufacturer requesting a national security exemption must state the

purpose for which the exemption is required and the request must be

endorsed by an agency of the federal government charged with

responsibility for national defense.

(b) EPA will maintain a list of models of nonroad engines (and the

vehicles or equipment which use them) that have been granted a national

security exemption under paragraph (a)(2) of this section. This list

will be available to the public and may be obtained by writing to the

following address: Group Manager, Engine Compliance Programs Group,

Engine Programs and Compliance Division (6403J) Environmental

Protection Agency, 401 M Street SW., Washington, DC 20460.

7. Part 91 is added to read as follows:

PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES

Subpart A--General

Sec.

91.1 Applicability.

91.2 Applicable date.

91.3 Definitions.

91.4 Acronyms and abbreviations.

91.5 Table and figure numbering; position.

91.6 Reference materials.

91.7 Treatment of confidential information.

Subpart B--Emission Standards and Certification Provisions

91.101 Applicability.

91.102 Definitions.

91.103 Averaging, banking, and trading of exhaust emission credits.

91.104 Exhaust emission standards for outboard and personal

watercraft engines.

91.105 Useful life period, recall, and warranty periods.

91.106 Certificate of conformity.

91.107 Application for certification.

91.108 Certification.

91.109 Requirement of certification--closed crankcase.

91.110 Requirement of certification--prohibited controls.

91.111 Requirement of certification--prohibition of defeat devices.

91.112 Requirement of certification--adjustable parameters.

91.113 Requirement of certification--emission control information

label and engine identification number.

[[Page 52103]]

91.114 Requirement of certification--supplying production engines

upon request.

91.115 Certification procedure--determining engine power and engine

families.

91.116 Certification procedure--test engine selection.

91.117 Certification procedure--service accumulation.

91.118 Certification procedure--testing.

91.119 Certification procedure--use of special test procedures.

91.120 Compliance with Family Emission Limits over useful life.

91.121 Certification procedure--recordkeeping.

91.122 Amending the application and certificate of conformity.

91.123 Denial, revocation of certificate of conformity.

91.124 Request for hearing.

91.125 Hearing procedures.

91.126 Right of entry and access.

Subpart C--Averaging, Banking, and Trading Provisions

91.201 Applicability.

91.202 Definitions.

91.203 General provisions.

91.204 Averaging.

91.205 Banking.

91.206 Trading.

91.207 Credit calculation and manufacturer compliance with emission

standards.

91.208 Certification.

91.209 Maintenance of records.

91.210 End-of-year and final reports.

91.211 Notice of opportunity for hearing.

Subpart D--Emission Test Equipment Provisions

91.301 Scope; applicability.

91.302 Definitions.

91.303 Acronyms and abbreviations.

91.304 Test equipment overview.

91.305 Dynamometer specifications and calibration accuracy.

91.306 Dynamometer torque cell calibration.

91.307 Engine cooling system.

91.308 Lubricating oil and test fuel.

91.309 Engine intake air temperature measurement.

91.310 Engine intake air humidity measurement.

91.311 Test conditions.

91.312 Analytical gases.

91.313 Analyzers required.

91.314 Analyzer accuracy and specifications.

91.315 Analyzer initial calibration.

91.316 Hydrocarbon analyzer calibration.

91.317 Carbon monoxide analyzer calibration.

91.318 Oxides of nitrogen analyzer calibration.

91.319 NOX converter check.

91.320 Carbon dioxide analyzer calibration.

91.321 NDIR analyzer calibration.

91.322 Calibration of other equipment.

91.323 Analyzer bench checks.

91.324 Analyzer leakage check.

91.325 Analyzer interference checks.

Appendix A to Subpart D of Part 91--Tables

91.326 Pre- and post-test analyzer calibration.

91.327 Sampling system requirements.

91.328 Measurement equipment accuracy/calibration frequency table.

91.329 Catalyst thermal stress test.

Appendix B to Subpart D of Part 91--Figures

Subpart E--Gaseous Exhaust Test Procedures

91.401 Scope; applicability.

91.402 Definitions.

91.403 Symbols and abbreviations.

91.404 Test procedure overview.

91.405 Recorded information.

91.406 Engine parameters to be measured and recorded.

91.407 Engine inlet and exhaust systems.

91.408 Pre-test procedures.

91.409 Engine dynamometer test run.

91.410 Engine test cycle.

91.411 Post-test analyzer procedures.

91.412 Data logging.

91.413 Exhaust sample procedure--gaseous components.

91.414 Raw gaseous exhaust sampling and analytical system

description.

91.415 Raw gaseous sampling procedures.

91.416 Intake air flow measurement specifications.

91.417 Fuel flow measurement specifications.

91.418 Data evaluation for gaseous emissions.

91.419 Raw emission sampling calculations.

91.420 CVS concept of exhaust gas sampling system.

91.421 Dilute gaseous exhaust sampling and analytical system

description.

91.423 Exhaust gas analytical system; CVS grab sample.

91.424 Dilute sampling procedure--CVS calibration.

91.425 CVS calibration frequency.

91.426 Dilute emission sampling calculations.

91.427 Catalyst thermal stress resistance evaluation.

Appendix A to Subpart E of Part 91--Tables

Appendix B to Subpart E of Part 91--Figures

Subpart F--Manufacturer Production Line Testing Program

91.501 Applicability.

91.502 Definitions.

91.503 Production Line Testing by the Manufacturer.

91.504 Maintenance of records; submittal of information.

91.505 Right of entry and access.

91.506 Engine sample selection.

91.507 Test procedures.

91.508 Cumulative Sum (CumSum) Procedure.

91.509 Calculation and reporting of test results.

91.510 Compliance with criteria for production line testing.

91.511 Suspension and revocation of certificates of conformity.

91.512 Request for public hearing.

91.513 Administrative procedures for public hearing.

91.514 Hearing procedures.

91.515 Appeal of hearing decision.

91.516 Treatment of confidential information.

Subpart G--Selective Enforcement Auditing Regulations

91.601 Applicability.

91.602 Definitions.

91.603 Applicability of part 91, subpart F.

91.604 Test orders.

91.605 Testing by the Administrator.

91.606 Sample selection.

91.607 Test procedures.

91.608 Compliance with acceptable quality level and passing and

failing criteria for selective enforcement audits.

Appendix A to Subpart G of Part 91--Sampling Plans for Selective

Enforcement Auditing of Marine Engines

Subpart H--Importation of Nonconforming Marine Engines

91.701 Applicability...

91.702 Definitions.

91.703 Admission.

91.704 Exemptions and exclusions.

91.705 Prohibited acts; penalties.

91.706 Treatment of confidential information.

Subpart I--In-Use Testing and Recall Regulations

91.801 Applicability.

91.802 Definitions.

91.803 Manufacturer in-use testing program.

91.804 Maintenance, procurement and testing of in-use engines.

91.805 In-use test program reporting requirements.

91.806 Voluntary emissions recall.

Subpart J--Emission-Related Defect Reporting Requirements, Voluntary

Emission Recall Program

91.901 Applicability.

91.902 Definitions.

91.903 Applicability to Part 85, subpart T.

91.904 Voluntary emission recall.

91.905 Reports, voluntary recall plan filing, record retention.

91.906 Responsibility under other legal provisions preserved.

91.907 Disclaimer of production warranty applicability.

Subpart K--Exclusion and Exemption of Marine SI Engines

91.1001 Applicability.

91.1002 Definitions.

91.1003 Exclusions based on section 216(10) of the Act.

91.1004 Who may request an exemption.

91.1005 Testing exemption.

91.1006 Manufacturer-owned exemption and precertification

exemption.

91.1007 Display exemption.

91.1008 National security exemption.

91.1009 Export exemptions.

91.1010 Granting of exemptions.

91.1011 Submission of exemption requests.

91.1012 Treatment of confidential information.

Subpart L--Prohibited Acts and General Enforcement Provisions

91.1101 Applicability.

91.1102 Definitions.

91.1103 Prohibited acts.

91.1104 General enforcement provisions.

[[Page 52104]]

91.1105 Injunction proceedings for prohibited acts.

91.1106 Penalties.

91.1107 Warranty provisions.

91.1108 In-use compliance provisions.

Subpart M--Emission Warranty and Maintenance Instructions

91.1201 Applicability.

91.1202 Definitions.

91.1203 Emission warranty, warranty period.

91.1204 Furnishing of maintenance and use instructions to ultimate

purchaser.

Subpart N--In-Use Credit Program for New Marine Engines

91.1301 Applicability.

91.1302 Definitions.

91.1303 General provisions.

91.1304 Averaging.

91.1305 Banking.

91.1306 Trading.

91.1307 Credit calculation.

91.1308 Maintenance of records.

91.1309 Reporting requirements.

91.1310 Notice of opportunity for hearing.

Authority: Secs. 203, 204, 205, 206, 207, 208, 209, 213, 215,

216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522,

7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)).

Subpart A--General

Sec. 91.1 Applicability.

(a) This part and all its subparts apply to marine spark-ignition

engines used to propel marine vessels as defined in the General

Provisions of the United States Code, 1 U.S.C.3 (1992), unless

otherwise indicated.

(b) Sterndrive and inboard engines are exempt from this part.

(c) Existing technology OB/PWC are exempt from Sec. 91.112 and

subparts D, E, F, G, I (Secs. 91.803 through 91.805), J, M and N

through model year 2003.

Sec. 91.2 Applicable date.

This part applies to marine spark-ignition engines beginning with

the 1998 model year, except where otherwise specified.

Sec. 91.3 Definitions.

The following definitions apply to this part 91. All terms not

defined herein have the meaning given them in the Act.

Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et.seq.

Adjustable parameter means any device, system, or element of design

which is physically capable of being adjusted (including those which

are difficult to access) and which, if adjusted, may affect emissions

or engine performance during emission testing or normal in-use

operation.

Administrator means the Administrator of the Environmental

Protection Agency or his or her authorized representative.

Auxiliary emission control device means any element of design that

senses temperature, engine speed, engine RPM, transmission gear, or any

other parameter for the purpose of activating, modulating, delaying, or

deactivating the operation of any part of the emission control system.

Certification means, with respect to new SI marine engines,

obtaining a certificate of conformity for an engine family complying

with the marine SI engine emission standards and requirements specified

in this part.

Emission control system means any device, system, or element of

design which controls or reduces the emission of substances from an

engine.

Engine as used in this part, refers to marine SI engine.

Engine family means a group of engines, as specified in

Sec. 91.115.

EPA enforcement officer means any officer, employee, or authorized

representative of the U.S. Environmental Protection Agency so

designated in writing by the Administrator (or by his or her designee).

Exhaust emissions means matter emitted into the atmosphere from any

opening downstream from the exhaust port of a marine engine.

Existing technology OB/PWC means an outboard engine or a personal

watercraft engine which was in production for the 1997 or any previous

model years and that did not utilize newer technologies such as four-

stroke technology, direct-injection two-stroke technology, catalyst

technology, or other technology used to comply with emission standards

which the Administrator determines is a new type of OB/PWC technology.

Family Emission Limit (FEL) means an emission level that is

declared by the manufacturer to serve in lieu of an emission standard

for certification and for the averaging, banking, and trading program.

A FEL must be expressed to the same number of decimal places as the

applicable emission standard.

Fuel system means all components involved in the transport,

metering, and mixture of the fuel from the fuel tank to the combustion

chamber(s) including the following: Fuel tank, fuel tank cap, fuel

pump, fuel lines, oil injection metering system, carburetor or fuel

injection components, and all fuel system vents.

Gross power means the power measured at the crankshaft or its

equivalent (for outboards, the power may be measured at the propeller

shaft), the engine being equipped only with the standard accessories

(such as oil pumps, coolant pumps, and so forth) necessary for its

operation on the test bed.

Identification number means a unique specification (for example,

model number/serial number combination) which allows a particular

marine SI engine to be distinguished from other similar engines.

Inboard engine means a four stroke marine SI engine that is

designed such that the propeller shaft penetrates the hull of the

marine vessel while the engine and the remainder of the drive unit is

internal to the hull of the marine vessel.

Marine spark-ignition engine means any engine used to propel a

marine vessel, which utilizes the spark-ignition combustion cycle.

Marine engine manufacturer means any person engaged in the

manufacturing or assembling of new marine SI engines or the importing

of such engines for resale, or who acts for and is under the control of

any such person in connection with the distribution of such engines. A

marine SI engine manufacturer does not include any dealer with respect

to new marine SI engines received by such person in commerce.

Marine vessel means every description of watercraft or another

artificial contrivance used, or capable of being used, as a means of

transportation on water, as defined in 1 U.S.C. 3 (1992).

Marine vessel manufacturer means any person engaged in the

manufacturing or assembling of new marine vessels or importing such

marine vessels for resale, or who acts for and is under the control of

any such person in connection with the distribution of such vehicles. A

marine vessel manufacturer does not include any dealer with respect to

new marine vessels received by such person in commerce.

Model year means the manufacturer's annual new model production

period which includes January 1 of the calendar year for which the

model year is named, ends no later than December 31 of the calendar

year, and does not begin earlier than January 2 of the previous

calendar year. Where a manufacturer has no annual new model production

period, model year means the calendar year.

New, for purposes of this part, means a nonroad engine, nonroad

vehicle, or nonroad equipment the equitable or legal title to which has

never been transferred to an ultimate purchaser. Where the equitable or

legal title to the engine, vehicle or equipment is not transferred to

an ultimate purchaser

[[Page 52105]]

until after the engine, vehicle, or equipment is placed into service,

then the engine, vehicle, or equipment will no longer be new after it

is placed into service. A nonroad engine, vehicle, or equipment is

placed into service when it is used for its functional purposes. With

respect to imported nonroad engines, nonroad vehicles, or nonroad

equipment, the term ``new'' means an engine, vehicle, or piece of

equipment that is not covered by a certificate of conformity issued

under this part at the time of importation, and that is manufactured

after the effective date of a regulation issued under this part which

is applicable to such engine, vehicle, or equipment, or which would be

applicable to such engine, vehicle, or equipment had it been

manufactured for importation into the United States.

Nonroad engine has the meaning as defined in 40 CFR 89.2.

Nonroad vehicle has the meaning as defined in 40 CFR 89.2.

Nonroad equipment has the meaning as defined in 40 CFR 89.2.

Operating hours means:

(1) For engine storage areas or facilities, all times during which

personnel other than custodial personnel are at work in the vicinity of

the storage area or facility and have access to it.

(2) For all other areas or facilities, all times during which an

assembly line is in operation or all times during which testing,

maintenance, 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 engine manufacture or assembly is being carried

out in a facility.

Outboard engine is a marine SI engine that, when properly mounted

on a marine vessel in the position to operate, houses the engine and

drive unit external to the hull of the marine vessel.

Personal watercraft engine (PWC) is a marine SI engine that does

not meet the definition of outboard engine, inboard engine or

sterndrive engine, except that the Administrator in his or her

discretion may classify a PWC as an inboard or sterndrive engine if it

is comparable in technology and emissions to an inboard or sterndrive

engine.

Presentation of credentials means the display of the document

designating a person as an EPA enforcement officer or EPA authorized

representative.

Scheduled maintenance means any adjustment, repair, removal,

disassembly, cleaning, or replacement of components or systems required

by the manufacturer to be performed on a periodic basis to prevent part

failure or marine vessel or engine malfunction, or those actions

anticipated as necessary to correct an overt indication of malfunction

or failure for which periodic maintenance is not appropriate.

Sterndrive engine means a four stroke marine SI engine that is

designed such that the drive unit is external to the hull of the marine

vessel, while the engine is internal to the hull of the marine vessel.

Test engine means the engine or group of engines that a

manufacturer uses during certification, production line and in-use

testing to determine compliance with emission standards.

Ultimate purchaser means, with respect to any new marine SI engine

the first person who in good faith purchases such new marine SI engine

for purposes other than resale.

Used solely for competition means exhibiting features that are not

easily removed and that would render its use other than in competition

unsafe, impractical, or highly unlikely.

Warranty period means the period of time the engine or part is

covered by the warranty provisions.

Sec. 91.4 Acronyms and abbreviations.

The following acronyms and abbreviations apply to this part 91.

AECD--Auxiliary emission control device

ASME--American Society of Mechanical Engineers

ASTM--American Society for Testing and Materials

CAA--Clean Air Act

CAAA--Clean Air Act Amendments of 1990

CLD--chemiluminescent detector

CO--Carbon monoxide

CO2--Carbon dioxide

EPA--Environmental Protection Agency

FEL--Family Emission Limit

g/kw-hr--grams per kilowatt hour

HC--hydrocarbons

HCLD--heated chemiluminescent detector

HFID--heated flame ionization detector

ICI--Independent Commercial Importer

MY--Model Year

NDIR--non-dispersive infrared analyzer

NIST--National Institute for Standards and Testing

NO--Nitric oxide

NO2--Nitrogen dioxide

NOX--Oxides of nitrogen

OB--Outboard engine

O2--Oxygen

OEM--Original engine manufacturer

PMD--paramagnetic detector

PWC--personal watercraft

RPM--revolutions per minute

SAE--Society of Automotive Engineers

SEA--Selective Enforcement Auditing

SI--Spark-ignition

U.S.C.--United States Code

VOC--Volatile organic compounds

ZROD--zirconium dioxide sensor

Sec. 91.5 Table and figure numbering; position.

(a) Tables for each subpart appear in an appendix at the end of the

subpart. Tables are numbered consecutively by order of appearance in

the appendix. The table title will indicate the topic.

(b) Figures for each subpart appear in an appendix at the end of

the subpart. Figures are numbered consecutively by order or appearance

in the appendix. The figure title will indicate the topic.

Sec. 91.6 Reference materials.

(a) Incorporation by reference. 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, Air and Radiation Docket and Information

Center, 401 M Street, SW., Washington, DC 20460, or at the Office of

the Federal Register, 800 N. Capitol St. NW., 7th Floor, Suite 700,

Washington, DC 20001.

(b) The following paragraphs and tables set forth the material that

has been incorporated by reference in this part.

(1) ASTM material. The following table sets forth material from the

American Society for Testing and Materials which 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 Sec. 91.6, 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.

[[Page 52106]]

------------------------------------------------------------------------

Document number and name 40 CFR part 91 reference

------------------------------------------------------------------------

ASTM D86-93:

Standard Test Method for Appendix A to Subpart D.

Distillation of

Petroleum Products.

ASTM D323-90:

Standard Test Method for Appendix A to Subpart D.

Vapor Pressure of

Petroleum Products (Reid

Method).

ASTM D1319-93:

Standard Test Method for Appendix A to Subpart D.

Hydrocarbon Types in

Liquid Petroleum

Products by Fluorescent

Indicator Adsorption.

ASTM D2622-92:

Standard Test Method for Appendix A to Subpart D.

Sulfur in Petroleum

Products by X-Ray

Spectrometry.

ASTM D2699-92:

Standard Test Method for Appendix A to Subpart D.

Knock Characteristics of

Motor Fuels by the

Research Method.

ASTM D2700-92:

Standard Test Method for Appendix A to Subpart D.

Knock Characteristics of

Motor and Aviation Fuels

by the Motor Method.

ASTM D3231-89:

Standard Test Method for Appendix A to Subpart D.

Phosphorus in Gasoline.

ASTM D3606-92:

Standard Test Method for Appendix A to Subpart D.

Determination of Benzene

and Toluene in Finished

Motor and Aviation

Gasoline by Gas

Chromatography.

ASTM E29-93a:

Standard Practice for 91.207; 91.120; 91.509; 91.1307.

Using Significant Digits

in Test Data to

Determine Conformance

with Specifications.

------------------------------------------------------------------------

(2) SAE material. The following table sets forth material from the

Society of Automotive Engineers which 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

Sec. 91.7, 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.

------------------------------------------------------------------------

Document number and name 40 CFR part 91 reference

------------------------------------------------------------------------

SAE J1228/ISO 8665 November 91.104, 91.115; 91.118; 91.207; 91.1307.

1991 Small Craft-Marine

Propulsion Engine and

Systems-Power Measurements

and Declarations.

SAE J1930 June 1993 91.113.

Electrical/Electronic

Systems Diagnostic Terms,

Definitions, Abbreviations

and Acronyms.

SAE Paper 770141 Optimization 91.316

of a Flame Ionization

Detector for Determination

of Hydrocarbon in Diluted

Automotive Exhausts, Glenn

D. Reschke, 1977.

------------------------------------------------------------------------

Sec. 91.7 Treatment of confidential information.

(a) Any manufacturer may assert that some or all of the information

submitted pursuant to this part is entitled to confidential treatment

as provided by part 2, subpart B, of this chapter.

(b) Any claim of confidentiality must accompany the information at

the time it is submitted to EPA.

(c) To assert that information submitted pursuant to this subpart

is confidential, a manufacturer must indicate clearly the items of

information claimed confidential by marking, circling, bracketing,

stamping, or otherwise specifying the confidential information.

Furthermore, EPA requests, but does not require, that the submitter

also provide a second copy of its submittal from which all confidential

information has been deleted. If a need arises to publicly release

nonconfidential information, EPA will assume that the submitter has

accurately deleted the confidential information from this second copy.

(d) If a claim is made that some or all of the information

submitted pursuant to this subpart is entitled to confidential

treatment, the information covered by that confidentiality claim will

be disclosed by the Administrator only to the extent and by means of

the procedures set forth in part 2, subpart B, of this chapter.

(e) Information provided without a claim of confidentiality at the

time of submission may be made available to the public by EPA without

further notice to the submitter, in accordance with

Sec. 2.204(c)(2)(i)(A) of this chapter.

Subpart B--Emission Standards and Certification Provisions

Sec. 91.101 Applicability.

The requirements of this subpart B are applicable to all new marine

spark-ignition engines subject to the provisions of subpart A of this

part 91.

Sec. 91.102 Definitions.

The definitions in subpart A of this part 91 apply to this subpart.

All terms not defined herein or in subpart A of this part have the

meaning given them in the Act.

Sec. 91.103 Averaging, banking, and trading of exhaust emission

credits.

Regulations regarding averaging, banking, and trading provisions

along with applicable recordkeeping requirements are found in subpart C

of this part.

Sec. 91.104 Exhaust emission standards for outboard and personal

watercraft engines.

(a) New marine spark-ignition outboard and personal watercraft

engines for use in the U.S. must meet the following exhaust emission

standards for HC+NOX. The exhaust emission standard for each model

year is provided below. It is also used as input to the calculation

procedure in Sec. 91.207 to determine compliance with the corporate

average HC+NOX exhaust emission standard.

[[Page 52107]]

Hydrocarbon Plus Oxides of Nitrogen Exhaust Emission Standards

[grams per kilowatt-hour]

----------------------------------------------------------------------------------------------------------------

P X emission P > 4.3 kW HC+NOX emission

Model year standard by model year standard by model year

----------------------------------------------------------------------------------------------------------------

1998.................................................. 278.00 (0.917 x (151 + 557/P0.9))

+ 2.44

1999.................................................. 253.00 (0.833 x (151 + 557/P0.9))

+ 2.89

2000.................................................. 228.00 (0.750 x (151 + 557/P0.9))

+ 3.33

2001.................................................. 204.00 (0.667 x (151 + 557/P0.9))

+ 3.78

2002.................................................. 179.00 (0.583 x (151 + 557/P0.9))

+ 4.22

2003.................................................. 155.00 (0.500 x (151 + 557/P0.9))

+ 4.67

2004.................................................. 130.00 (0.417 x (151 + 557/P0.9))

+ 5.11

2005.................................................. 105.00 (0.333 x (151 + 557/P0.9))

+ 5.56

2006 and later........................................ 81.00 (0.250 x (151 + 557/P0.9))

+ 6.00

----------------------------------------------------------------------------------------------------------------

where:

P = the average power of an engine family in kW (sales weighted). The

power of each configuration is the rated output in kilowatts as

determined by SAE J1228. This procedure has been incorporated by

reference. See Sec. 91.6.

(b) Exhaust emissions are measured using the procedures set forth

in subpart E of this part.

(c) Manufacturers must designate a Family Emission Limit (FEL) for

HC+NOX for every engine family. The FEL may be equal to the

emission standard in paragraph (a) of this section. The FEL established

through certification serves as the emission standard for the engine

family and emissions may not exceed the FEL levels for HC+NOX for

all engines sold in the engine family, for their useful life.

(d) A manufacturer must comply with a corporate average HC+NOX

emission standard as determined in accordance with subpart C

Sec. 91.207.

Sec. 91.105 Useful life period, recall, and warranty periods.

(a) The useful life for PWC engines is a period of 350 hours of

operation or 5 years of use, whichever first occurs. The useful life

for Outboard marine spark-ignition engines is a period of 350 hours of

operation or 10 years of use, whichever first occurs.

(b) PWC engines are subject to recall testing for a period of 350

hours of operation or 5 years of use, whichever first occurs. Outboard

marine spark-ignition engines are subject to recall testing for a

period of 350 hours of operation or 10 years of use, whichever first

occurs. However, for purposes of this part only, if the Administrator

should issue a nonconformity determination, then only those engines

that are within the useful life as of the date of the nonconformity

determination are subject to recall repair requirements.

(c) Warranty periods are set out in subpart M of this part.

Sec. 91.106 Certificate of conformity.

(a) Every manufacturer of a new marine SI engine produced during or

after the 1998 model year for outboard engines and the 1999 model year

for PWC engines, must obtain a certificate of conformity covering each

engine family. The certificate of conformity must be obtained from the

Administrator prior to selling, offering for sale, introducing into

commerce, or importing into the United States the new marine SI engine.

(b) The certificate of conformity is valid for the model year for

which it is designated.

Sec. 91.107 Application for certification.

(a) For each engine family, the engine manufacturer must submit to

the Administrator a completed application for a certificate of

conformity, except that with respect to an existing technology OB/PWC

engine a manufacturer may, in lieu of providing such application,

submit to the Administrator summary testing and other information as

determined by the Administrator.

(b) The application must be approved and signed by the authorized

representative of the manufacturer.

(c) The application must be updated and corrected by amendment as

provided in Sec. 91.122 to accurately reflect the manufacturer's

production.

(d) Required content. Each application must include the following

information:

(1) A description of the basic engine design including, but not

limited to, the engine family specifications;

(2) An explanation of how the emission control system operates,

including a detailed description of all emission control system

components (detailed component calibrations are not required to be

included, however they must be provided if requested), each auxiliary

emission control device (AECD), and all fuel system components to be

installed on any production or test engine(s);

(3) Proposed test fleet selection and the rationale for the test

fleet selection;

(4) Special or alternative test procedures, if applicable;

(5) The description of the operating cycle and the service

accumulation period necessary to break in the test engine(s) and

stabilize emission levels and any maintenance scheduled;

(6) A description of all adjustable operating parameters, including

the following:

(i) The nominal or recommended setting and the associated

production tolerances;

(ii) The intended physically adjustable range;

(iii) The limits or stops used to establish adjustable ranges;

(iv) Production tolerances of the limits or stops used to establish

each physically adjustable range; and

(v) Information relating 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 to settings outside the manufacturer's

intended physically adjustable ranges on in-use engines;

(7) Regarding the averaging, banking, and trading provisions, the

information specified in Sec. 91.208;

(8) The proposed maintenance and use instructions the manufacturer

will furnish to the ultimate purchaser of each new engine and the

proposed emission control label;

(9) all test data, for HC, CO and NOX, obtained by the

manufacturer on each test engine;

(10) a statement that the test engine(s), as described in the

manufacturer's application for certification, has been tested in

accordance with the applicable test procedures, utilizing the fuels and

equipment described in the application,

[[Page 52108]]

and that on the basis of such tests the engine(s) conforms to the

requirements of this part; and

(11) an unconditional statement certifying that all engines in the

engine family comply with all requirements of this part and the Clean

Air Act.

(e) At the Administrator's request, the manufacturer must supply

such additional information as may be required to evaluate the

application including, but not limited to, projected marine SI engine

production.

(f) (1) The Administrator may modify the information submission

requirements of paragraph (d) of this section, provided the information

specified therein is maintained by the engine manufacturer as required

by Sec. 91.121, and amended, updated, or corrected as necessary.

(2) For the purposes of this paragraph, Sec. 91.121(a)(1) includes

all information specified in paragraph (d) of this section whether or

not such information is actually submitted to the Administrator for any

particular model year.

(3) The Administrator may review an engine manufacturer's records

at any time.

Sec. 91.108 Certification.

(a) If, after a review of the manufacturer's submitted application,

or with respect to an existing technology OB/PWC engine manufacturer's

summary information submitted pursuant to Sec. 91.107(a), information

obtained from any inspection, and such other information as the

Administrator may require, the Administrator determines that the

application or summary information is complete and that the engine

family meets the requirements of this part and the Clean Air Act, the

Administrator shall issue a certificate of conformity for the engine

family.

(b) The Administrator shall give a written explanation when

certification is denied. The manufacturer may request a hearing on a

denial. (See Sec. 91.124 for procedure.)

Sec. 91.109 Requirement of certification--closed crankcase.

(a) An engine's crankcase must be closed.

(b) For purposes of this section, ``crankcase'' means the housing

for the crankshaft and other related internal parts.

Sec. 91.110 Requirement of certification--prohibited controls.

(a) An engine may not be equipped with an emission control device,

system, or element of design for the purpose of complying with emission

standards if such device, system, or element of design will cause or

contribute to an unreasonable risk to public health, welfare, or safety

in its operation or function.

(b) An engine with an emission control device, system, or element

of design may not emit any noxious or toxic substance which would not

be emitted in the operation of such engine in the absence of the

device, system, or element of design except as specifically permitted

by regulation.

Sec. 91.111 Requirement of certification--prohibition of defeat

devices.

(a) An engine may not be equipped with a defeat device.

(b) For purposes of this section, ``defeat device'' means any

device, system, or element of design which senses operation outside

normal emission test conditions and reduces emission control

effectiveness.

(1) Defeat device includes any auxiliary 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 operation and use, unless such conditions are included in the

test procedure.

(2) Defeat device does not include such items which either operate

only during engine starting or are necessary to protect the engine (or

vehicle or equipment in which it is installed) against damage or

accident during its operation.

Sec. 91.112 Requirement of certification--adjustable parameters.

(a) Engines equipped with adjustable parameters must comply with

all requirements of this subpart for any adjustment in the physically

available range.

(b) An operating parameter is not considered adjustable if it is

permanently sealed by the manufacturer or otherwise not normally

accessible using ordinary tools.

(c) The Administrator may require that adjustable parameters be set

to any specification within the adjustable range during certification,

production line testing, selective enforcement auditing or any in-use

testing to determine compliance with the requirements of this part.

Sec. 91.113 Requirement of certification--emission control

information label and engine identification number.

(a) The engine manufacturer must affix at the time of manufacture a

permanent and legible label identifying each engine. The label must

meet the following requirements:

(1) Be attached in such a manner that it cannot be removed without

destroying or defacing the label;

(2) Be durable and readable for the entire engine life;

(3) Be secured to an engine part necessary for normal engine

operation and not normally requiring replacement during engine life;

(4) Be written in English; and

(5) Be located so as to be readily visible to the average person

after the engine is installed in the marine vessel.

(b) If the marine vessel obscures the label on the engine, the

marine vessel manufacturer must attach a supplemental label so that

this label is readily visible to the average person. The supplemental

label must:

(1) Be attached in such a manner that it cannot be removed without

destroying or defacing the label;

(2) Be secured to a marine vessel part necessary for normal

operation and not normally requiring replacement during the marine

vessel life; and

(3) Be identical to the label which was obscured.

(c) The label must contain the following information:

(1) The heading ``Emission Control Information;''

(2) The full corporate name and trademark of the engine

manufacturer;

(3) The statement, ``This (vessel's engine or engine, as

applicable) is certified to operate on (specify operating fuel(s));''

(4) Identification of the Exhaust Emission Control System

(Abbreviations may be used and must conform to the nomenclature and

abbreviations provided in SAE J1930. This procedure has been

incorporated by reference. See Sec. 91.6.;

(5) All engine lubricant requirements;

(6) date of manufacture [day(optional), month and year];

(7) The statement ``This engine conforms to [model year] U.S. EPA

regulations for marine SI engines.'';

(8) Family Emission Limits (FELs);

(9) EPA standardized engine family designation;

(10) Engine displacement [in cubic centimeters]; and

(11) Advertised power;

(12) Engine tuneup specifications and adjustments. These should

indicate the proper transmission position during tuneup, and

accessories, if any, that should be in operation;

(13) Fuel requirements;

(14) Other information concerning proper maintenance and use or

indicating compliance or noncompliance with other standards may be

indicated on the label.

(d) If there is insufficient space on the engine to accommodate a

label

[[Page 52109]]

including all the information required in paragraph (c) of this

section, the manufacturer may delete or alter the label as indicated in

this paragraph. The information deleted from the label must appear in

the owner's manual.

(1) Exclude the information required in paragraphs (c) (3), (4),

and (5) of this section. The fuel or lubricant may be specified

elsewhere on the equipment.

(2) Exclude the information required by paragraph (c)(6) of this

section, if the date the engine was manufactured is stamped on the

engine.

(3) For existing technology OB/PWC only, exclude the information

required by paragraphs (c) (10), (11), (13), and (14) of this section.

(e) The Administrator may, upon request, waive or modify the label

content requirements of paragraphs (c) and (d) of this section,

provided that the intent of such requirements is met.

(f) Engine Identification Number. Each engine must have a legible,

unique engine identification number permanently affixed to or engraved

on the engine.

Sec. 91.114 Requirement of certification--supplying production engines

upon request.

Upon the Administrator's request, the manufacturer must supply a

reasonable number of production engines for testing and evaluation.

These engines must be representative of typical production and supplied

for testing at such time and place and for such reasonable periods as

the Administrator may require.

Sec. 91.115 Certification procedure--determining engine power and

engine families.

(a) Engine power must be calculated using SAE J1228. This procedure

has been incorporated by reference. See Sec. 91.6.

(b) The manufacturer's product line must be divided into engine

families as specified by paragraph (c) of this section, comprised of

engines expected to have similar emission characteristics throughout

their useful life periods.

(c) To be classed in the same engine family, engines must be

identical in all of the following applicable respects:

(1) The combustion cycle;

(2) The cooling mechanism;

(3) The cylinder configuration (inline, vee, opposed, bore

spacings, and so forth);

(4) The number of cylinders;

(5) The number of catalytic converters, location; volume, and

composition; and

(6) The thermal reactor characteristics.

(d) At the manufacturer's request, engines identical in all the

respects listed in paragraph (c) 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 is based upon the consideration of features such as:

(1) The bore and stroke;

(2) The combustion chamber configuration;

(3) The intake and exhaust timing method of actuation (poppet

valve, reed valve, rotary valve, and so forth);

(4) The intake and exhaust valve or port sizes, as applicable;

(5) The fuel system;

(6) The exhaust system; and

(7) The method of air aspiration.

(e) Where engines are of a type which cannot be divided into engine

families based upon the criteria listed in paragraph (c) of this

section, the Administrator shall establish families for those engines

based upon the features most related to their emission characteristics.

(f) Upon a showing by the manufacturer that the emission

characteristics during the useful life are expected to be similar,

engines differing in one or more of the characteristics in paragraph

(c) of this section may be grouped in the same engine family.

(g) Upon a showing by the manufacturer that the emission

characteristics during the useful life are expected to be dissimilar,

engines identical in all the characteristics in paragraph (c) of this

section may be divided into separate engine families.

Sec. 91.116 Certification procedure--test engine selection.

(a) The manufacturer must select, from each engine family, a test

engine of a configuration that the manufacturer deems to be most likely

to exceed the Family Emission Limit (FEL).

(b) At the manufacturer's option, the criterion for selecting the

worst case engine may be that engine configuration which has the

highest weighted brake-specific fuel consumption over the appropriate

engine test cycle.

(c) The test engine must be constructed to be representative of

production engines.

Sec. 91.117 Certification procedure--service accumulation.

(a)(1) Any engine required to be tested under Sec. 91.118 must be

operated with all emission control systems operating properly for a

period sufficient to stabilize emissions prior to such testing.

(2) A manufacturer may elect to consider emission levels as

stabilized when the test engine has accumulated 12 hours of service.

(b) No maintenance, other than recommended lubrication and filter

changes, may be performed during service accumulation without the

Administrator's approval.

(c) Service accumulation is to be performed in a manner using good

engineering judgment to ensure that emissions are representative of

production engines.

(d) The manufacturer must maintain, and provide to the

Administrator if requested, records stating the rationale for selecting

a service accumulation period different than 12 hours and records

describing the method used to accumulate hours on the test engine(s).

Sec. 91.118 Certification procedure--testing.

(a) Manufacturer testing. The manufacturer must test the test

engine using the specified test procedures and appropriate test cycle.

All test results must be reported to the Administrator.

(1) The test procedures to be used are detailed in subpart E of

this part.

(2) Emission test equipment provisions are described in subpart D

of this part.

(b) Administrator testing. (1) The Administrator may require that

any one or more of the test engines be submitted to the Administrator,

at such place or places as the Administrator may designate, for the

purposes of conducting emission tests. The Administrator may specify

that testing will be conducted at the manufacturer's facility, in which

case instrumentation and equipment specified by the Administrator must

be made available by the manufacturer for test operations. Any testing

conducted at a manufacturer's facility must be scheduled by the

manufacturer as promptly as possible.

(2)(i) Whenever the Administrator conducts a test on a test engine,

the results of that test will, unless subsequently invalidated by the

Administrator, comprise the official data for the engine and the

manufacturer's data will not be used in determining compliance with the

Family Emission Limit (FEL).

(ii) Prior to the performance of such a test, the Administrator may

adjust or cause to be adjusted any adjustable parameter of the test

engine which the Administrator has determined to be subject to

adjustment for testing, to any setting within the physically adjustable

range of that parameter, to determine whether the engine conforms to

the applicable Family Emission Limit (FEL).

(iii) For those engine parameters which the Administrator has not

[[Page 52110]]

determined to be subject to adjustment for testing, the test engine

presented to the Administrator for testing will be calibrated within

the production tolerances applicable to the manufacturer specification

shown on the engine label, as specified in the application for

certification.

(c) Use of carryover test data. In lieu of testing, the

manufacturer may submit, with the Administrator's approval, emission

test data used to certify substantially similar engine families in

previous years. This ``carryover'' test data is only allowable if the

data shows the test engine would fully comply with the applicable

Family Emission Limit (FEL).

(d) Scheduled maintenance during testing. No scheduled maintenance

may be performed during testing of the engine.

(e) Unscheduled maintenance on test engines. (1) Manufacturers may

not perform any unscheduled engine, emission control system, or fuel

system adjustment, repair, removal, disassembly, cleaning, or

replacement on a test engine without the advance approval of the

Administrator.

(2) The Administrator may approve such maintenance if:

(i) a preliminary determination has been made that a part failure

or system malfunction, or the repair of such failure or malfunction,

does not render the engine unrepresentative of engines in use, and does

not require direct access to the combustion chamber; and

(ii) a determination has been made that the need for maintenance or

repairs is indicated by an overt malfunction such as persistent

misfire, engine stall, overheating, fluid leakage, or loss of oil

pressure.

(3) Emission measurements may not be used as a means of determining

the need for unscheduled maintenance under paragraph (e)(2) of this

section.

(4) The Administrator must have the opportunity to verify the

extent of any overt indication of part failure (for example, misfire,

stall), or an activation of an audible and/or visual signal, prior to

the manufacturer performing any maintenance related to such overt

indication or signal.

(5) Unless approved by the Administrator prior to use, engine

manufacturers may not use any equipment, instruments, or tools to

identify malfunctioning, maladjusted, or defective engine components

unless the same or equivalent equipment, instruments, or tools are

available at dealerships and other service outlets and are used in

conjunction with scheduled maintenance on such components.

(6) If the Administrator determines that part failure or system

malfunction occurrence and/or repair rendered the engine

unrepresentative of production engines, the engine may not be used as a

test engine.

(7) Unless waived by the Administrator, complete emission tests are

required before and after any engine maintenance which may reasonably

be expected to affect emissions.

(f) Engine failure. A manufacturer may not use as a test engine any

engine which incurs major mechanical failure necessitating disassembly

of the engine. This prohibition does not apply to failures which occur

after completion of the service accumulation period.

(g) In lieu of providing or generating emission data under this

section for existing technology, the Administrator may allow the

manufacturer to demonstrate (on the basis of previous emission tests,

development tests, or other testing information) that the engine will

conform with the applicable FEL.

(h)(1) Manufacturers may select an FEL for existing technology OB/

PWC through: (i) model year 2000 based on the function 151+557/P

0.9 where P=average power of an engine family in kW (sales

weighted). The power of each configuration is the rated output in

kilowatts as determined by SAE J1228. (This procedure has been

incorporated by reference. See Sec. 91.6). The certificate of

conformity would be conditioned by requirements that the manufacturer

submit test data, as determined appropriate by the Administrator under

Sec. 91.118(h) by the end of model year 2000; that the FEL is revised

and approved by EPA to reflect the test data; that the credits

associated with the engine family are recalculated based on the

difference between the old FEL and the new FEL; and that the new FEL

applies to all engines covered by the certificate of conformity; or

(ii) Model year 2003 based on good engineering judgement.

(2) Upon request by the manufacturer, the Administrator has the

discretion to extend the time period set forth in paragraph (h)(1) of

this section for a specific engine family up to model year 2005 if the

Administrator determines that an engine family will be phased out of

U.S. production by model year 2005. As a condition to being granted

such an extension, the manufacturer must discontinue U.S. production

according to the schedule upon which the Administrator based the

extension. Failure to do so by the manufacturer will void the

certificate of conformity ab initio.

(i) A manufacturer request under paragraph (h)(2) of this section

must be in writing and must apply to a specific engine family. The

request must identify the engine family designation, the rationale

supporting the FEL choice, the type of information used as a basis for

the FEL (e.g., previous emission tests, development tests), the

specific source of the information including when the information was

generated, the schedule for phasing the engine family out of U.S.

production, and any other information the Administrator may require.

Sec. 91.119 Certification procedure--use of special test procedures.

(a) Use of special test procedures by EPA. The Administrator may

establish special test procedures for any engine that the Administrator

determines is not susceptible to satisfactory testing under the

specified test procedures set forth in subpart E of this part.

(b) Use of alternative test procedures by an engine manufacturer.

(1) A manufacturer may elect to use an alternative test procedure

provided that it yields results equivalent to the results from the

specified test procedure in subpart E, its use is approved in advance

by the Administrator, and the basis for equivalent results with the

specified test procedures is fully described in the manufacturer's

application.

(2) An engine manufacturer electing to use alternate test

procedures is solely responsible for the results obtained. The

Administrator may reject data generated under test procedures which do

not correlate with data generated under the specified procedures.

Sec. 91.120 Compliance with Family Emission Limits over useful life.

(a) If all test engines representing an engine family have

emissions, as determined in paragraph (c)(3)(iii) of this section, less

than or equal to the applicable Family Emission Limit (FEL) for each

pollutant as determined according to Sec. 91.104 (c), that family

complies with the Family Emission Limit .

(b) If any test engine representing an engine family has emissions

(as determined in paragraph (c)(3)(iii) of this section, greater than

the applicable Family Emission Limit for any pollutant as determined

according to Sec. 91.104(c), that family will be deemed not in

compliance with the Family Emission Limits.

(c)(1) The engine Family Emission Limits (FELs) apply to the

emissions of engines for their useful lives.

(2) Since emission control efficiency generally decreases with the

[[Page 52111]]

accumulation of service on the engine, deterioration factors must be

used in combination with emission data engine test results as the basis

for determining compliance with the standards.

(3)(i) Paragraph (c)(3)(ii) of this section describes the procedure

for determining compliance of an engine with family emission limits,

based on deterioration factors supplied by the manufacturer.

(ii) Separate exhaust emission deterioration factors, determined by

the manufacturer, must be supplied for each engine family. The

deterioration factors must be applied as follows:

(A) For marine spark-ignition engines not utilizing aftertreatment

technology (for example, catalytic converters), the official exhaust

emission results for each emission data engine at the selected test

point are adjusted by adding the appropriate deterioration factor to

the results. However, if the deterioration factor supplied by the

manufacturer is less than zero, it is zero for the purposes of this

paragraph.

(B) For marine spark-ignition engines utilizing aftertreatment

technology (for example, catalytic converters), the official exhaust

emission results for each emission data engine at the selected test

point are adjusted by multiplying the results by the appropriate

deterioration factor. However, if the deterioration factor supplied by

the manufacturer is less than one, it is one for the purposes of this

paragraph.

(iii) The emission values to compare with the Family Emission

Limits (FELs) are the adjusted emission values of paragraph (c)(3)(ii)

of this section, rounded to the same number of significant figures as

contained in the applicable standard in accordance with ASTM E 29-93a,

for each emission data engine. This procedure has been incorporated by

reference. See Sec. 91.6.

Sec. 91.121 Certification procedure--recordkeeping.

(a) The engine manufacturer must maintain the following adequately

organized records:

(1) Copies of all applications and summary information, as

applicable, filed with the Administrator;

(2) A copy of all data obtained through the production line and in-

use testing programs; and

(3) A detailed history of each test engine used for certification

including the following:

(i) A description of the test engine's construction, including a

general description of the origin and buildup of the engine, steps

taken to insure that it is representative of production engines,

description of components specially built for the test engine, and the

origin and description of all emission-related components;

(ii) A description of the method used for engine service

accumulation, including date(s) and the number of hours accumulated;

(iii) A description of all maintenance, including modifications,

parts changes, and other servicing performed, and the date(s), and

reason(s) for such maintenance;

(iv) A description of all emission tests performed, including

routine and standard test documentation, as specified in subpart E of

this part, date(s), and the purpose of each test;

(v) A description of all tests performed to diagnose engine or

emission control performance, giving the date and time of each and the

reason(s) for the test; and

(vi) A description of any significant event(s) affecting the engine

during the period covered by the history of the test engine but not

described by an entry under one of the previous paragraphs of this

section.

(b) Routine emission test data, such as test cell temperature and

relative humidity at start and finish of test and raw emission results

from each mode or test phase, must be retained for a period of one year

after issuance of all certificates of conformity to which they relate.

All other information specified in paragraph (a) of this section must

be retained for a period of eight years after issuance of all

certificates of conformity to which they relate.

(c) Records may be kept in any format and on any media, provided

that, at the Administrator's request, organized, written records in

English are promptly supplied by the manufacturer.

(d) The manufacturer must supply, at the Administrator's request,

copies of any engine maintenance instructions or explanations issued by

the manufacturer.

Sec. 91.122 Amending the application and certificate of conformity.

(a) The marine engine manufacturer must notify the Administrator

(1) When either an engine is to be added to a certificate of

conformity or changes are to be made to a product line covered by a

certificate of conformity which may potentially affect emissions,

emissions durability, an emission related part, or the durability of an

emission related part. Notification occurs when the manufacturer

submits and EPA receives a request to amend the original application

prior to either producing such engines or making such changes to a

product line. For existing technology OB/PWC engines only, notification

may occur periodically but must occur at least on a quarterly basis and

may be submitted summarily as determined by the Administrator.

(2) When an FEL is changed for an engine family, as allowed under

Sec. 91.203. Notification occurs when the manufacturer submits and EPA

receives a request to amend the original application. The manufacturer

may not change an FEL unless compliance under Sec. 91.207(b) is

maintained through the use of the revised FEL.

(b) The request to amend the engine manufacturer's existing

certificate of conformity must include the following information:

(1) A full description of the engine to be added or the change(s)

to be made in production;

(2) The manufacturer's proposed test engine selection(s); and

(3) Engineering evaluations or reasons why the original test engine

or FEL is or is not still appropriate.

(c) The Administrator may require the engine manufacturer to

perform tests on an engine representing the engine to be added or

changed.

(d) Decision by Administrator.

(1) Based on the submitted request and data derived from such

testing as the Administrator may require or conduct, the Administrator

must determine whether the proposed addition or change would still be

covered by the certificate of conformity then in effect.

(2) If the Administrator determines that the new or changed

engine(s) meets the requirements of this subpart and the Act, the

appropriate certificate of conformity will be amended.

(3) If the Administrator determines that the new or changed engines

would not be covered by the certificate of conformity, the

Administrator must provide a written explanation to the engine

manufacturer of his or her decision not to amend the certificate. The

manufacturer may request a hearing on a denial. See Sec. 91.125.

(4) If the Administrator determines that the revised FEL meets the

requirements of this subpart and the Act, the appropriate certificate

of conformity will be amended to reflect the revised FEL. The

certificate of conformity is revised conditional upon compliance under

Sec. 91.207(b).

(e)(1) Alternatively, an engine manufacturer may make changes in or

additions to production engines concurrently with requesting to amend

the application or certification of conformity as set forth in

paragraph (b) of this section, if the manufacturer determines that all

affected engines will

[[Page 52112]]

still meet applicable Family Emission Limits (FELs). The engine

manufacturer must supply supporting documentation, test data, and

engineering evaluations as appropriate to support its determination.

(2) If, after a review,

This text is long and has been trimmed here. Open the source document for the complete record.