[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: 40CFR1051.225]



[Page 632-633]

 

                   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 for certification to 

include new or modified vehicles or to change an FEL?



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

application to include new or modified vehicle 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 vehicle 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 any of the 

following actions:

    (1) Add a vehicle (that is, an additional vehicle configuration) to 

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

with other vehicles in the engine family with respect to the criteria 

listed in Sec.  1051.230.

    (2) Change a vehicle 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 vehicle model 

or configuration you intend to make.

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

engine



[[Page 633]]



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

showing that the original emission-data vehicle is still appropriate 

with respect to showing compliance of the amended family with all 

applicable requirements.

    (3) If the original emission-data vehicle 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) 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 vehicle. You may ask for a 

hearing if we deny your request (see Sec.  1051.820).

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

conformity, you may start producing the new or modified vehicle 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 vehicles do not meet applicable requirements, we will notify 

you to cease production of the vehicles and may require you to recall 

the vehicles at no expense to the owner. Choosing to produce vehicles 

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

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 

vehicles.

    (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.



[70 FR 40494, July 13, 2005]