[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1039.225]



[Page 503-504]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

                  Subpart C_Certifying Engine Families

 

Sec.  1039.225  How do I amend my application for certification to 

include new or modified engines or to change an FEL?



    Before we issue you a certificate of conformity, you may amend your 

application to include new or modified engine configurations, subject to 

the provisions of this section. After we have issued your certificate of 

conformity, you may send us an amended application requesting that we 

include new or modified engine configurations within the scope of the 

certificate, subject to the provisions of this section. You must amend 

your application if any changes occur with respect to any information 

included in your application.

    (a) You must amend your application before you take either of the 

following actions:

    (1) Add an engine (that is, an additional engine configuration) to 

an engine family. In this case, the engine added must be consistent with 

other engines in the engine family with respect to the criteria listed 

in Sec.  1039.230.

    (2) Change an engine already included in an engine family in a way 

that may affect emissions, or change any of the components you described 

in your application for certification. This includes production and 

design changes that may affect emissions any time during the engine's 

lifetime.

    (3) Modify an FEL for an engine family, as described in paragraph 

(f) of this section.

    (b) To amend your application for certification, send the Designated 

Compliance Officer the following information:

    (1) Describe in detail the addition or change in the engine model or 

configuration you intend to make.

    (2) Include engineering evaluations or data showing that the amended 

engine family complies with all applicable requirements. You may do this 

by showing that the original emission-data engine is still appropriate 

with respect to showing compliance of the amended family with all 

applicable requirements.

    (3) If the original emission-data 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) We may ask for more test data or engineering evaluations. You 

must give us these within 30 days after we request them.

    (d) For engine families already covered by a certificate of 

conformity, we will determine whether the existing certificate of 

conformity covers your new or modified nonroad engine. You may ask for a 

hearing if we deny your request (see Sec.  1039.820).

    (e) For engine families already covered by a certificate of 

conformity, you may start producing the new or modified nonroad engine 

anytime after you send us your amended application, before we make a 

decision under paragraph (d) of this section. However, if we determine 

that the affected engines do not meet applicable requirements, we will 

notify you to cease production of the engines and may require you to 

recall the engines at no expense to the owner. Choosing to produce 

engines under this paragraph (e) is deemed to be consent to recall all 

engines that we determine do not meet applicable emission standards or 

other requirements and to remedy the nonconformity at no expense to the 

owner. If you do not provide information required under paragraph (c) of 

this section within 30 days, you must stop producing the new or modified 

nonroad engines.

    (f) You may ask to change your FEL in the following cases:

    (1) You may ask to raise your FEL after the start of production. You 

may not apply the higher FEL to engines you have already introduced into 

commerce. Use the appropriate FELs with corresponding sales volumes to 

calculate your average emission level, as described in 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 engines 

indicating that your engines comply with the lower FEL. You may create a 

separate subfamily with the lower FEL.



[[Page 504]]



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 engines 

produced after the change.



[69 FR 39213, June 29, 2004, as amended at 70 FR 40463, July 13, 2005]