[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: 40CFR1051.225]

[Page 615-616]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES
--Table of Contents
 
                  Subpart C_Certifying Engine Families
 
Sec. 1051.225  How do I amend my application to include new or modified 
vehicles or to change an FEL?

    (a) You must amend your application for certification before you 
take either of the following actions:
    (1) Add a vehicle to a certificate of conformity.
    (2) Make a design change for a certified engine family that may 
affect emissions or an emission-related part over the vehicle's 
lifetime.
    (3) Modify an FEL for an engine family, as described in paragraph 
(f) of this section.
    (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 vehicle model or configuration you are adding or 
changing.
    (2) Include engineering evaluations or reasons why the original test 
vehicle or engine is or is not still appropriate.
    (3) If the original test vehicle or engine for the engine family is 
not appropriate to show compliance for the new or modified vehicle, 
include new test data showing that the new or modified vehicle meets the 
requirements of this part.
    (c) You may start producing the new or modified vehicle anytime 
after the time at which you send us your request (for example, the day 
you mail your request). If we determine that the affected vehicles do 
not meet applicable requirements, we will require you to cease 
production of the vehicles and to recall and correct the vehicles at no 
expense to the owner. If you choose to produce vehicles under this 
paragraph, we will consider that to be consent to recall all vehicles 
that we determine do not meet applicable standards and 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 vehicle if you are not able to 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.

[[Page 616]]

    (e) If we determine that the certificate of conformity would not 
cover your new or modified vehicle, we will send you a written 
explanation of our decision. In this case, you may no longer produce 
these vehicles, though you may ask for a hearing for us to reconsider 
our decision (see Sec. 1051.820).
    (f) You may ask to change your FEL in the following cases:
    (1) You may ask to raise your FEL for your engine family after the 
start of production. You must use the higher FEL for the entire family 
to calculate your average emission level under subpart H of this part. 
In your request, you must demonstrate that you will still be able to 
comply with the applicable average emission standards as specified in 
subparts B and H of this part.
    (2) You may ask to lower the FEL for your engine family after the 
start of production only when you have test data from production 
vehicles indicating that your vehicles comply with the lower FEL. You 
may create a separate subfamily with the lower FEL. Otherwise, you must 
use the higher FEL for the family to calculate your average emission 
level under subpart H of this part.
    (3) If you change the FEL during production, you must include the 
new FEL on the emission control information label for all vehicles 
produced after the change.