[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: 40CFR1068.410]

[Page 843-844]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR 
NONROAD PROGRAMS--Table of Contents
 
                Subpart E_Selective Enforcement Auditing
 
Sec.  1068.410  How must I select and prepare my engines?

    (a) Selecting engines. Select engines as described in the test 
order. If you are unable to select test engines this way, you may ask us 
to approve an alternate plan, as long as you make the request before you 
start selecting engines.
    (b) Assembling engines. Produce and assemble test engines using your 
normal production and assembly process for that engine family.
    (1) Notify us directly if you make any change in your production, 
assembly, or quality control processes that might affect emissions 
between the time you receive the test order and the time you finish 
selecting test engines.
    (2) If you do not fully assemble engines at the specified location, 
we will describe in the test order how to select components to finish 
assembling the engines. Assemble these components onto the test engines 
using your documented assembly and quality control procedures.
    (c) Modifying engines. Once an engine is selected for testing, you 
may adjust, repair, prepare, or modify it or check its emissions only if 
one of the following is true:
    (1) You document the need for doing so in your procedures for 
assembling and inspecting all your production engines and make the 
action routine for all the engines in the engine family.
    (2) This subpart otherwise allows your action.
    (3) We approve your action in advance.
    (d) Engine malfunction. If an engine malfunction prevents further 
emission testing, ask us to approve your decision to either repair the 
engine or delete it from the test sequence.
    (e) Setting adjustable parameters. Before any test, we may adjust or 
require you to adjust any adjustable parameter to any setting within its 
physically adjustable range.
    (1) We may adjust or require you to adjust idle speed outside the 
physically adjustable range as needed until the engine has stabilized 
emission levels (see paragraph (f) of this section). We may ask you for 
information needed to establish an alternate minimum idle speed.
    (2) We may make or specify adjustments within the physically 
adjustable range by considering their effect on emission levels, as well 
as how likely it is someone will make such an adjustment with in-use 
engines.

[[Page 844]]

    (f) Stabilizing emission levels. Before you test production-line 
engines, you may operate the engine to stabilize the emission levels. 
Using good engineering judgment, operate your engines in a way that 
represents the way production engines will be used. You may operate each 
engine for no more than the greater of two periods:
    (1) 50 hours.
    (2) The number of hours you operated your emission-data engine for 
certifying the engine family (see 40 CFR part 1065, subpart E).
    (g) Damage during shipment. If shipping an engine to a remote 
facility for testing under a selective enforcement audit makes necessary 
an adjustment or repair, you must wait until after the initial emission 
test to do this work. We may waive this requirement if the test would be 
impossible or unsafe, or if it would permanently damage the engine. 
Report to us, in your written report under Sec.  1068.450, all 
adjustments or repairs you make on test engines before each test.
    (h) Shipping engines. If you need to ship engines to another 
facility for testing, make sure the test engines arrive at the test 
facility within 24 hours after being selected. You may ask that we allow 
more time if you are unable to do this.
    (i) Retesting after invalid tests. You may retest an engine if you 
determine an emission test is invalid under the standard-setting part. 
Explain in your written report reasons for invalidating any test and the 
emission results from all tests. If you retest an engine and, within ten 
days after testing, ask to substitute results of the new tests for the 
original ones, we will answer within ten days after we receive your 
information.
    (i) Retesting after invalid tests. You may retest an engine if you 
determine an emission test is invalid. Explain in your written report 
reasons for invalidating any test and the emission results from all 
tests. If you retest an engine and, within ten days after testing, ask 
to substitute results of the new tests for the original ones, we will 
answer within ten days after we receive your information.
    (j) Retesting after reaching a fail decision. You may retest your 
engines once a fail decision for the audit has been reached based on the 
first test on each engine under Sec.  1068.420(c). You may test each 
engine up to a total of three times, but you must perform the same 
number of tests on each engine. You may further operate the engine to 
stabilize emission levels before testing, subject to the provisions of 
paragraph (f) of this section. We may approve retesting at other times 
if you send us a request with satisfactory justification.

[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39270, June 29, 2004; 70 
FR 40516, July 13, 2005]