[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
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

[[Page 504]]

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. 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]