[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1048.225]

[Page 557-558]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1048_CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION 
ENGINES--Table of Contents
 
                  Subpart C_Certifying Engine Families
 
Sec. 1048.225  How do I amend my application to include new or modified 
engines?

    (a) You must amend your application for certification before you 
take either of the following actions:
    (1) Add an engine to a certificate of conformity (this includes any 
changes you make in selecting emission standards under Sec. 
1048.205(m)(1)).
    (2) Make a design change for a certified engine family that may 
affect emissions or an emission-related part over the engine's lifetime.
    (b) Send the Designated Officer a request to amend the application 
for certification for an engine family. In your request, do all of the 
following:
    (1) Describe the engine model or configuration you are adding or 
changing.
    (2) Include engineering evaluations or reasons why the original test 
engine is or is not still appropriate.

[[Page 558]]

    (3) If the original test engine for the engine family is not 
appropriate to show compliance for the new or modified nonroad engine, 
include new test data showing that the new or modified nonroad engine 
meets the requirements of this part.
    (c) You may start producing the new or modified nonroad engine 
anytime after you send us your request. If we determine that the 
affected engines do not meet applicable requirements, we will require 
you to cease production of the engines and to recall and correct the 
engines at no expense to the owner. If you choose to produce engines 
under this paragraph (c), we will consider that to be consent to recall 
all engines that we determine do not meet applicable standards or other 
requirements and to remedy the nonconformity at no expense to the owner.
    (d) You must give us test data within 30 days if we ask for more 
testing, or stop producing the engine if you cannot do this. You may 
give us an engineering evaluation instead of test data if we agree that 
you can address our questions without test data.
    (e) If we determine that the certificate of conformity would not 
cover your new or modified nonroad engine, we will send you a written 
explanation of our decision. In this case, you may no longer produce 
these engines, though you may ask for a hearing for us to reconsider our 
decision (see Sec. 1048.820).