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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 33:33:1.0.1.5.41.0.26.1 | 33 | Navigation and Navigable Waters | I | E | 86 | PART 86—ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES | § 86.01 Whistles. | USCG | (a) Frequencies and range of audibility. The fundamental frequency of the signal shall lie within the range 70-700 Hz. The range of audibility of the signal from a whistle shall be determined by those frequencies, which may include the fundamental and/or one or more higher frequencies, which lie within the range 180-700 Hz (±1%) for a vessel of 20 meters or more in length, or 180-2100 Hz (±1%) for a vessel of less than 20 meters in length and which provide the sound pressure levels specified in paragraph (c) of this section. (b) Limits of fundamental frequencies. To ensure a wide variety of whistle characteristics, the fundamental frequency of a whistle shall be between the following limits: (i) 70-200 Hz, for a vessel 200 meters or more in length. (ii) 130-350 Hz, for a vessel 75 meters but less than 200 meters in length. (iii) 250-700 Hz, for a vessel less than 75 meters in length. (c) Sound signal intensity and range of audibility. A whistle fitted in a vessel shall provide, in the direction of maximum intensity of the whistle and at a distance of 1 meter from it, a sound pressure level in at least one 1/3 rd-octave band within the range of frequencies 180-700 Hz (±1%) for a vessel of 20 meters or more in length, or 180-2100 Hz (±1%) for a vessel of less than 20 meters in length, of not less than the appropriate figure given in Table 86.01(c) of this section. The range of audibility in Table 86.01(c) is the approximate range at which a whistle may be heard on its forward axis with 90% probability in conditions of still air on board a vessel having average background noise level at the listening posts (taken to be 68 dB in the octave band centered on 250 Hz and 63 dB in the octave band centered on 500 Hz). It is shown for information purposes only. In practice, the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post t… | ||||||
| 33:33:1.0.1.5.41.0.26.2 | 33 | Navigation and Navigable Waters | I | E | 86 | PART 86—ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES | § 86.02 Bell or gong. | USCG | (a) Intensity of signal. A bell or gong, or other device having similar sound characteristics shall produce a sound pressure level of not less than 110 dB at 1 meter. (b) Construction. Bells and gongs shall be made of corrosion-resistant material and designed to give clear tone. The diameter of the mouth of the bell shall be not less than 300 mm for vessels of 20 meters or more in length. Where practicable, a power-driven bell striker is recommended to ensure constant force but manual operation shall be possible. The mass of the striker shall be not less than 3 percent of the mass of the bell. | ||||||
| 33:33:1.0.1.5.41.0.26.3 | 33 | Navigation and Navigable Waters | I | E | 86 | PART 86—ANNEX III: TECHNICAL DETAILS OF SOUND SIGNAL APPLIANCES | § 86.03 Approval. [Reserved] | USCG | |||||||
| 34:34:1.1.1.1.29.1.113.1 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.1 What is the purpose of the Drug and Alcohol Abuse Prevention regulations? | ED | [61 FR 66225, Dec. 17, 1996] | The purpose of the Drug and Alcohol Abuse Prevention regulations is to implement section 22 of the Drug-Free Schools and Communities Act Amendments of 1989, which added section 1213 to the Higher Education Act. These amendments require that, as a condition of receiving funds or any other form of financial assistance under any Federal program, an institution of higher education (IHE) must certify that it has adopted and implemented a drug prevention program as described in this part. | |||||
| 34:34:1.1.1.1.29.1.113.2 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.2 What Federal programs are covered by this part? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | The Federal programs covered by this part include— (a) All programs administered by the Department of Education under which an IHE may receive funds or any other form of Federal financial assistance; and (b) All programs administered by any other Federal agency under which an IHE may receive funds or any other form of Federal financial assistance. | |||||
| 34:34:1.1.1.1.29.1.113.3 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.3 What actions shall an IHE take to comply with the requirements of this part? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, 66226, Dec. 17, 1996] | (a) An IHE shall adopt and implement a drug prevention program as described in § 86.100 to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities. (b) An IHE shall provide a written certification that it has adopted and implemented the drug prevention program described in § 86.100. | |||||
| 34:34:1.1.1.1.29.1.113.4 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.4 What are the procedures for submitting a drug prevention program certification? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996] | An IHE shall submit to the Secretary the drug prevention program certification required by § 86.3(b). | |||||
| 34:34:1.1.1.1.29.1.113.5 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.5 What are the consequences if an IHE fails to submit a drug prevention program certification? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) An IHE that fails to submit a drug prevention program certification is not eligible to receive funds or any other form of financial assistance under any Federal program. (b) The effect of loss of eligibility to receive funds or any other form of Federal financial assistance is determined by the statute and regulations governing the Federal programs under which an IHE receives or desires to receive assistance. | |||||
| 34:34:1.1.1.1.29.1.113.6 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.6 When must an IHE submit a drug prevention program certification? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996] | (a) After October 1, 1990, except as provided in paragraph (b) of this section, an IHE is not eligible to receive funds or any other form of financial assistance under any Federal program until the IHE has submitted a drug prevention program certification. (b)(1) The Secretary may allow an IHE until not later than April 1, 1991, to submit the drug prevention program certification, only if the IHE establishes that it has a need, other than administrative convenience, for more time to adopt and implement its drug prevention program. (2) An IHE that wants to receive an extension of time to submit its drug prevention program certification shall submit a written justification to the Secretary that— (i) Describes each part of its drug prevention program, whether in effect or planned; (ii) Provides a schedule to complete and implement its drug prevention program; and (iii) Explains why it has a need, other than administrative convenience, for more time to adopt and implement its drug prevention program. (3) An IHE shall submit a request for an extension to the Secretary. | |||||
| 34:34:1.1.1.1.29.1.113.7 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | A | Subpart A—General | § 86.7 What definitions apply to this part? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996] | (a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR part 77: Department EDGAR Secretary (b) Other definitions. The following terms used in this part are defined as follows: Compliance agreement means an agreement between the Secretary and an IHE that is not in full compliance with its drug prevention program certification. The agreement specifies the steps the IHE will take to comply fully with its drug prevention program certification, and provides a schedule for the accomplishment of those steps. A compliance agreement does not excuse or remedy past violations of this part. Institution of higher education means— (1) An institution of higher education, as defined in 34 CFR 600.4; (2) A proprietary institution of higher education, as defined in 34 CFR 600.5; (3) A postsecondary vocational institution, as defined in 34 CFR 600.6; and (4) A vocational school, as defined in 34 CFR 600.7. | |||||
| 34:34:1.1.1.1.29.2.113.1 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | B | Subpart B—Institutions of Higher Education | § 86.100 What must the IHE's drug prevention program include? | ED | The IHE's drug prevention program must, at a minimum, include the following: (a) The annual distribution in writing to each employee, and to each student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study, of— (1) Standards of conduct that clearly prohibit, at a minimum, the unlawful possession, use, or distribution of illicit drugs and alcohol by students and employees on its property or as part of any of its activities; (2) A description of the applicable legal sanctions under local, State, or Federal law for the unlawful possession or distribution of illicit drugs and alcohol; (3) A description of the health risks associated with the use of illicit drugs and the abuse of alcohol; (4) A description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to employees or students; and (5) A clear statement that the IHE will impose disciplinary sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by paragraph (a)(1) of this section. For the purpose of this section, a disciplinary sanction may include the completion of an appropriate rehabilitation program. (b) A biennial review by the IHE of its program to— (1) Determine its effectiveness and implement changes to the program if they are needed; and (2) Ensure that the disciplinary sanctions described in paragraph (a)(5) of this section are consistently enforced. | ||||||
| 34:34:1.1.1.1.29.2.113.2 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | B | Subpart B—Institutions of Higher Education | § 86.101 What review of IHE drug prevention programs does the Secretary conduct? | ED | The Secretary annually reviews a representative sample of IHE drug prevention programs. | ||||||
| 34:34:1.1.1.1.29.2.113.3 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | B | Subpart B—Institutions of Higher Education | § 86.102 What is required of an IHE that the Secretary selects for annual review? | ED | If the Secretary selects an IHE for review under § 86.101, the IHE shall provide the Secretary access to personnel, records, documents and any other necessary information requested by the Secretary to review the IHE's adoption and implementation of its drug prevention program. | ||||||
| 34:34:1.1.1.1.29.2.113.4 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | B | Subpart B—Institutions of Higher Education | § 86.103 What records and information must an IHE make available to the Secretary and the public concerning its drug prevention program? | ED | (a) Each IHE that provides the drug prevention program certification required by § 86.3(b) shall, upon request, make available to the Secretary and the public a copy of each item required by § 86.100(a) as well as the results of the biennial review required by § 86.100(b). (b)(1) An IHE shall retain the following records for three years after the fiscal year in which the record was created: (i) The items described in paragraph (a) of this section. (ii) Any other records reasonably related to the IHE's compliance with the drug prevention program certification. (2) If any litigation, claim, negotiation, audit, review, or other action involving the records has been started before expiration of the three-year period, the IHE shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the regular three-year period, whichever is later. | ||||||
| 34:34:1.1.1.1.29.4.113.1 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | D | Subpart D—Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE | § 86.300 What constitutes a violation of this part by an IHE? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66226, Dec. 17, 1996] | An IHE violates this part by— (a) Receiving any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification in accordance with § 86.3(b); or (b) Violating its certification. Violation of a certification includes failure of an IHE to— (1) Adopt or implement its drug prevention program; or (2) Consistently enforce its disciplinary sanctions for violations by students and employees of the standards of conduct adopted by an IHE under § 86.100(a)(1). | |||||
| 34:34:1.1.1.1.29.4.113.2 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | D | Subpart D—Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE | § 86.301 What actions may the Secretary take if an IHE violates this part? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) If an IHE violates its certification, the Secretary may issue a response to the IHE. A response may include, but is not limited to— (1) Provision of information and technical assistance; and (2) Formulation of a compliance agreement designed to bring the IHE into full compliance with this part as soon as feasible. (b) If an IHE receives any form of Federal financial assistance without having submitted a certification or violates its certification, the Secretary may impose one or more sanctions on the IHE, including— (1) Repayment of any or all forms of Federal financial assistance received by the IHE when it was in violation of this part; and (2) The termination of any or all forms of Federal financial assistance that— (i)(A) Except as specified in paragraph (b)(2)(ii) of this section, ends an IHE's eligibility to receive any or all forms of Federal financial assistance. The Secretary specifies which forms of Federal financial assistance would be affected; and (B) Prohibits an IHE from making any new obligations against Federal funds; and (ii) For purposes of an IHE's participation in the student financial assistance programs authorized by title IV of the Higher Education Act of 1965 as amended, has the same effect as a termination under 34 CFR 668.94. | |||||
| 34:34:1.1.1.1.29.4.113.3 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | D | Subpart D—Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE | § 86.302 What are the procedures used by the Secretary for providing information or technical assistance? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) The Secretary provides information or technical assistance to an IHE in writing, through site visits, or by other means. (b) The IHE shall inform the Secretary of any corrective action it has taken within a period specified by the Secretary. | |||||
| 34:34:1.1.1.1.29.4.113.4 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | D | Subpart D—Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE | § 86.303 What are the procedures used by the Secretary for issuing a response other than the formulation of a compliance agreement or the provision of information or technical assistance? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) If the Secretary intends to issue a response other than the formulation of a compliance agreement or the provision of information or technical assistance, the Secretary notifies the IHE in writing of— (1) The Secretary's determination that there are grounds to issue a response other than the formulation of a compliance agreement or providing information or technical assistance; and (2) The response the Secretary intends to issue. (b) An IHE may submit written comments to the Secretary on the determination under paragraph (a)(1) of this section and the intended response under paragraph (a)(2) of this section within 30 days after the date the IHE receives the notification of the Secretary's intent to issue a response. (c) Based on the initial notification and the written comments of the IHE the Secretary makes a final determination and, if appropriate, issues a final response. (d) The IHE shall inform the Secretary of the corrective action it has taken in order to comply with the terms of the Secretary's response within a period specified by the Secretary. (e) If an IHE does not comply with the terms of a response issued by the Secretary, the Secretary may issue an additional response or impose a sanction on the IHE in accordance with the procedures in § 86.304. | |||||
| 34:34:1.1.1.1.29.4.113.5 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | D | Subpart D—Responses and Sanctions Issued or Imposed by the Secretary for Violations by an IHE | § 86.304 What are the procedures used by the Secretary to demand repayment of Federal financial assistance or terminate an IHE's eligibility for any or all forms of Federal financial assistance? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) A designated Department official begins a proceeding for repayment of Federal financial assistance or termination, or both, of an IHE's eligibility for any or all forms of Federal financial assistance by sending the IHE a notice by certified mail with return receipt requested. This notice— (1) Informs the IHE of the Secretary's intent to demand repayment of Federal financial assistance or to terminate, describes the consequences of that action, and identifies the alleged violations that constitute the basis for the action; (2) Specifies, as appropriate— (i) The amount of Federal financial assistance that must be repaid and the date by which the IHE must repay the funds; and (ii) The proposed effective date of the termination, which must be at least 30 days after the date of receipt of the notice of intent; and (3) Informs the IHE that the repayment of Federal financial assistance will not be required or that the termination will not be effective on the date specified in the notice if the designated Department official receives, within a 30-day period beginning on the date the IHE receives the notice of intent described in this paragraph— (i) Written material indicating why the repayment of Federal financial assistance or termination should not take place; or (ii) A request for a hearing that contains a concise statement of disputed issues of law and fact, the IHE's position with respect to these issues, and, if appropriate, a description of which Federal financial assistance the IHE contends need not be repaid. (b) If the IHE does not request a hearing but submits written material— (1) The IHE receives no additional opportunity to request or receive a hearing; and (2) The designated Department official, after considering the written material, notifies the IHE in writing whether— (i) Any or all of the Federal financial assistance must be repaid; or (ii) The proposed termination is dismissed or imposed as of a specified date. | |||||
| 34:34:1.1.1.1.29.5.113.1 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.400 What is the scope of this subpart? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) The procedures in this subpart are the exclusive procedures governing appeals of decisions by a designated Department official to demand the repayment of Federal financial assistance or terminate the eligibility of an IHE to receive some or all forms of Federal financial assistance for violations of this part. (b) An Administrative Law Judge (ALJ) hears appeals under this subpart. | |||||
| 34:34:1.1.1.1.29.5.113.10 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.409 What are the procedures for conducting a hearing on the record? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) A hearing on the record is an orderly presentation of arguments and evidence conducted by an ALJ. (b) An ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless— (1) The ALJ determines, after reviewing all appropriate submissions, that an evidentiary hearing is needed to resolve a material factual issue in dispute; or (2) The ALJ determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case. (c) The hearing process may be expedited as agreed by the ALJ, the designated Department official, and the IHE. Procedures to expedite may include, but are not limited to, the following: (1) A restriction on the number or length of submissions. (2) The conduct of the hearing by telephone conference call. (3) A review limited to the written record. (4) A certification by the parties to facts and legal authorities not in dispute. (d)(1) The formal rules of evidence and procedures applicable to proceedings in a court of law are not applicable. (2) The designated Department official has the burden of persuasion in any proceeding under this subpart. (3)(i) The parties may agree to exchange relevant documents and information. (ii) The ALJ may not order discovery, as provided for under the Federal Rules of Civil Procedure, or any other exchange between the parties of documents or information. (4) The ALJ accepts only evidence that is relevant and material to the proceeding and is not unduly repetitious. (e) The ALJ makes a transcribed record of any evidentiary hearing or oral argument that is held, and makes the record available to— (1) The designated Department official; and (2) The IHE on its request and upon payment of a fee comparable to that prescribed under the Department of Education Freedom of Information Act regulations (34 CFR part 5). | |||||
| 34:34:1.1.1.1.29.5.113.11 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.410 What are the procedures for issuance of a decision? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a)(1) The ALJ issues a written decision to the IHE, the designated Department official, and the Secretary by certified mail, return receipt requested, within 30 days after— (i) The last brief is filed; (ii) The last day of the hearing if one is held; or (iii) The date on which the ALJ terminates the hearing in accordance with § 86.401(c)(3). (2) The ALJ's decision states whether the violation or violations contained in the Secretary's notification occurred, and articulates the reasons for the ALJ's finding. (3) The ALJ bases findings of fact only on evidence in the hearing record and on matters given judicial notice. (b)(1) The ALJ's decision is the final decision of the agency. However, the Secretary reviews the decision on request of either party, and may review the decision on his or her own initiative. (2) If the Secretary decides to review the decision on his or her own initiative, the Secretary informs the parties of his or her intention to review by written notice sent within 15 days of the Secretary's receipt of the ALJ's decision. (c)(1) Either party may request review by the Secretary by submitting a brief or written materials to the Secretary within 20 days of the party's receipt of the ALJ's decision. The submission must explain why the decision of the ALJ should be modified, reversed, or remanded. The other party shall respond within 20 days of receipt of the brief or written materials filed by the opposing party. (2) Neither party may introduce new evidence on review. (d) The decision of the ALJ ordering the repayment of Federal financial assistance or terminating the eligibility of an IHE does not take effect pending the Secretary's review. (e)(1) The Secretary reviews the ALJ's decision considering only evidence introduced into the record. (2) The Secretary's decision may affirm, modify, reverse or remand the ALJ's decision and includes a statement of reasons for the decision. | |||||
| 34:34:1.1.1.1.29.5.113.12 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.411 What are the procedures for requesting reinstatement of eligibility? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a)(1) An IHE whose eligibility to receive any or all forms of Federal financial assistance has been terminated may file with the Department a request for reinstatement as an eligible entity no earlier than 18 months after the effective date of the termination. (2) In order to be reinstated, the IHE must demonstrate that it has corrected the violation or violations on which the termination was based, and that it has met any repayment obligation imposed upon it under § 86.301(b)(1) of this part. (b) In addition to the requirements of paragraph (a) of this section, the IHE shall comply with the requirements and procedures for reinstatement of eligibility applicable to any Federal program under which it desires to receive Federal financial assistance. | |||||
| 34:34:1.1.1.1.29.5.113.2 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.401 What are the authority and responsibility of the ALJ? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) The ALJ regulates the course of the proceeding and conduct of the parties during the hearing and takes all steps necessary to conduct a fair and impartial proceeding. (b) The ALJ is not authorized to issue subpoenas. (c) The ALJ takes whatever measures are appropriate to expedite the proceeding. These measures may include, but are not limited to— (1) Scheduling of conferences; (2) Setting time limits for hearings and submission of written documents; and (3) Terminating the hearing and issuing a decision against a party if that party does not meet those time limits. (d) The scope of the ALJ's review is limited to determining whether— (1) The IHE received any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification; or (2) The IHE violated its certification. | |||||
| 34:34:1.1.1.1.29.5.113.3 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.402 Who may be a party in a hearing under this subpart? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) Only the designated Department official and the IHE that is the subject of the proposed termination or recovery of Federal financial assistance may be parties in a hearing under this subpart. (b) Except as provided in this subpart, no person or organization other than a party may participate in a hearing under this subpart. | |||||
| 34:34:1.1.1.1.29.5.113.4 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.403 May a party be represented by counsel? | ED | A party may be represented by counsel. | ||||||
| 34:34:1.1.1.1.29.5.113.5 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.404 How may a party communicate with an ALJ? | ED | (a) A party may not communicate with an ALJ on any fact at issue in the case or on any matter relevant to the merits of the case unless the other party is given notice and an opportunity to participate. (b)(1) To obtain an order or ruling from an ALJ, a party shall make a motion to the ALJ. (2) Except for a request for an extension of time, a motion must be made in writing unless the parties appear in person or participate in a conference telephone call. The ALJ may require a party to reduce an oral motion to writing. (3) If a party files a written motion, the party shall do so in accordance with § 86.405. (4) Except for a request for an extension of time, the ALJ may not grant a party's written motion without the consent of the other party unless the other party has had at least 21 days from the date of service of the motion to respond. However, the ALJ may deny a motion without awaiting a response. (5) The date of service of a motion is determined by the standards for determining a filing date in § 86.405(d). | ||||||
| 34:34:1.1.1.1.29.5.113.6 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.405 What are the requirements for filing written submissions? | ED | [57 FR 56795, Nov. 30, 1992] | (a) Any written submission under this subpart must be filed by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages. (b) If a party files a brief or other document, the party shall serve a copy of the filed material on the other party on the filing date by hand-delivery or by mail. If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission. (c) Any written submission must be accompanied by a statement certifying the date that the filed material was filed and served on the other party. (d)(1) The filing date for a written submission is the date the document is— (i) Hand-delivered; (ii) Mailed; or (iii) Sent by facsimile transmission. (2) If a scheduled filing date falls on a Saturday, Sunday, or Federal holiday, the filing deadline is the next Federal business day. (e) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department. (f) If a document is filed by facsimile transmission, the Secretary or the designated Department official, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time. | |||||
| 34:34:1.1.1.1.29.5.113.7 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.406 What must the ALJ do if the parties enter settlement negotiations? | ED | (a) If the parties to a case file a joint motion requesting a stay of the proceedings for settlement negotiations or for the parties to obtain approval of a settlement agreement, the ALJ grants the stay. (b) The following are not admissible in any proceeding under this part: (1) Evidence of conduct during settlement negotiations. (2) Statements made during settlement negotiations. (3) Terms of settlement offers. (c) The parties may not disclose the contents of settlement negotiations to the ALJ. If the parties enter into a settlement agreement and file a joint motion to dismiss the case, the ALJ grants the motion. | ||||||
| 34:34:1.1.1.1.29.5.113.8 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.407 What are the procedures for scheduling a hearing? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a) If the IHE requests a hearing by the time specified in § 86.304(a)(3), the designated Department official sets the date and the place. (b)(1) The date is at least 15 days after the designated Department official receives the request and no later than 45 days after the request for hearing is received by the Department. (2) On the motion of either or both parties, the ALJ may extend the period before the hearing is scheduled beyond the 45 days specified in paragraph (b)(1) of this section. (c) No termination takes effect until after a hearing is held and a decision is issued by the Department. (d) With the approval of the ALJ and the consent of the designated Department official and the IHE, any time schedule specified in this section may be shortened. | |||||
| 34:34:1.1.1.1.29.5.113.9 | 34 | Education | 86 | PART 86—DRUG AND ALCOHOL ABUSE PREVENTION | E | Subpart E—Appeal Procedures | § 86.408 What are the procedures for conducting a pre-hearing conference? | ED | [55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996] | (a)(1) A pre-hearing conference may be convened by the ALJ if the ALJ thinks that such a conference would be useful, or if requested by— (i) The designated Department official; or (ii) The IHE. (2) The purpose of a pre-hearing conference is to allow the parties to settle, narrow, or clarify the dispute. (b) A pre-hearing conference may consist of— (1) A conference telephone call; (2) An informal meeting; or (3) The submission and exchange of written material. | |||||
| 40:40:22.0.1.1.2.0.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | § 86.1 Incorporation by reference. | EPA | [89 FR 28154, Apr. 18, 2024, as amended at 89 FR 50234, June 13, 2024] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA, Air and Radiation Docket Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004; www.epa.gov/dockets ; (202) 202-1744. For information on inspecting this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources: (a) ASTM International (ASTM). ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959; (610) 832-9585; www.astm.org. (1) ASTM C1549-09, Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer, approved August 1, 2009 (“ASTM C1549”); IBR approved for § 86.1869-12(b). (2) ASTM D86-12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 (“ASTM D86”); IBR approved for §§ 86.113-04(a); 86.113-94(b); 86.213(a); 86.513(a). (3) ASTM D93-13, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved July 15, 2013 (“ASTM D93”); IBR approved for § 86.113-94(b). (4) ASTM D445-12, Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity), approved April 15, 2012 (“ASTM D445”); IBR approved for § 86.113-94(b). (5) ASTM D613-13, Standard Test Method for Cetane Number of Diesel Fuel Oil, approved December 1, 2013 (“ASTM D613”); IBR approved for § 86.113-94(b). (6) ASTM D975-13a, Standard Specification for Diesel Fuel Oils,… | |||||
| 40:40:22.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-2 Definitions. | EPA | [61 FR 54878, Oct. 22, 1996] | The definitions of § 86.098-2 continue to apply to 1998 and later model year vehicles. The definitions listed in this section apply beginning with the 2000 model year. AC1 means a test procedure as described in § 86.162-00 which simulates testing with air conditioning operating in an environmental test cell by adding the air conditioning compressor load to the normal dynamometer forces. AC2 means a test procedure as described in § 86.162-00 which simulates testing with air conditioning operating in an environmental test cell by adding a heat load to the passenger compartment. Alternative fuels means any fuel other than gasoline and diesel fuels, such as methanol, ethanol, and gaseous fuels. 866 Cycle means the test cycle that consists of the last 866 seconds (seconds 505 to 1372) of the EPA Urban Dynamometer Driving Schedule, described in § 86.115-00 and listed in appendix I, paragraph (a), of this part. Environmental test cell means a test cell capable of wind-speed, solar thermal load, ambient temperature, and humidity control or simulation which meets the requirements of § 86.161-00 for running emission tests with the air conditioning operating. Federal Test Procedure, or FTP means the test procedure as described in § 86.130-00 (a) through (d) and (f) which is designed to measure urban driving tail pipe exhaust emissions and evaporative emissions over the Urban Dynamometer Driving Schedule as described in appendix I to this part. 505 Cycle means the test cycle that consists of the first 505 seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving Schedule, described in § 86.115-00 and listed in appendix I, paragraph (a), of this part. SC03 means the test cycle, described in § 86.160-00 and listed in appendix I, paragraph (h), of this part, which is designed to represent driving immediately following startup. Supplemental FTP, or SFTP means the additional test procedures designed to measure emissions during aggressive and microtransient driving, as described in § 86.159-00 over the US06… | |||
| 40:40:22.0.1.1.2.1.1.10 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-11 Emission standards for 2004 and later model year diesel heavy-duty engines and vehicles. | EPA | [62 FR 54721, Oct. 21, 1997, as amended at 65 FR 6848, Feb. 10, 2000; 65 FR 59945, Oct. 6, 2000; 79 FR 23688, Apr. 28, 2014] | This section applies to 2004 and later model year diesel HDEs. (a)(1) Exhaust emissions from new 2004 and later model year diesel HDEs shall not exceed the following: (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + NMHC) for engines fueled with either petroleum fuel, natural gas, or liquefied petroleum gas, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions. (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol, 2.4 grams per brake horsepower-hour (0.89 gram per megajoule), as measured under transient operating conditions. (C) Optional standard. Manufacturers may elect to certify to an Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour (0.93 gram per megajoule), as measured under transient operating conditions, provided that Non-methane Hydrocarbons (or equivalent for methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines), as measured under transient operating conditions. (D) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.004-15 or superseding applicable sections. If the manufacturer elects to include engine families in any of these programs, the NO X plus NMHC (or NO X plus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. Additionally, families certified to the optional standard contained in paragraph (a)(1)(i)(C) of this section shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use of credits. (E) [Reserv… | |||
| 40:40:22.0.1.1.2.1.1.11 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-15 NO | EPA | [62 FR 54722, Oct. 21, 1997, as amended at 65 FR 59946, Oct. 6, 2000; 86 FR 34364, June 29, 2021] | (a) Overview. (1) Heavy-duty engines eligible for NO X plus NMHC and particulate averaging, trading and banking programs are described in the applicable emission standards sections in this subpart. For manufacturers not selecting Options 1 or 2 contained in § 86.005-10(f), the ABT program requirements contained in § 86.000-15 apply for 2004 model year Otto-cycle engines, rather than the provisions contained in this section. Participation in these programs is voluntary. (2)(i) Engine families with FELs exceeding the applicable standard shall obtain emission credits in a mass amount sufficient to address the shortfall. Credits may be obtained from averaging, trading, or banking, within the averaging set restrictions described in this section. (ii) Engine families with FELs below the applicable standard will have emission credits available to average, trade, bank or a combination thereof. Credits may not be used for averaging or trading to offset emissions that exceed an FEL. Credits may not be used to remedy an in-use nonconformity determined by a Selective Enforcement Audit or by recall testing. However, credits may be used to allow subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL. (b) Participation in the NO X plus NMHC and/or particulate averaging, trading, and banking programs shall be done as follows: (1) During certification, the manufacturer shall: (i) Declare its intent to include specific engine families in the averaging, trading and/or banking programs. Separate declarations are required for each program and for each pollutant (i.e., NO X plus NMHC, and particulate). (ii) Declare an FEL for each engine family participating in one or more of these two programs. (A) The FEL must be to the same level of significant digits as the emission standard (one-tenth of a gram per brake horsepower-hour for NO X plus NMHC emissions and one-hundredth of a gram per brake horsepower-hour for particulate emissions). (B) In no case may the FEL … | |||
| 40:40:22.0.1.1.2.1.1.12 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-16 Prohibition of defeat devices. | EPA | [65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005] | (a) No new heavy-duty vehicle or heavy-duty engine shall be equipped with a defeat device. (b) The Administrator may test or require testing on any vehicle or engine at a designated location, using driving cycles and conditions which may reasonably be expected to be encountered in normal operation and use, for the purpose of investigating a potential defeat device. (c) [Reserved] (d) For vehicle and engine designs designated by the Administrator to be investigated for possible defeat devices: (1) General. The manufacturer must show to the satisfaction of the Administrator that the vehicle or engine design does not incorporate strategies that reduce emission control effectiveness exhibited during the applicable Federal emissions test procedures when the vehicle or engine is operated under conditions which may reasonably be expected to be encountered in normal operation and use, unless one of the specific exceptions set forth in the definition of “defeat device” in § 86.004-2 has been met. (2) Information submissions required. The manufacturer will provide an explanation containing detailed information (including information which the Administrator may request to be submitted) regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies incorporated for operation both during and outside of the applicable Federal emission test procedure. | |||
| 40:40:22.0.1.1.2.1.1.13 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-21 Application for certification. | EPA | [62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000; 79 FR 23688, Apr. 28, 2014] | Section 86.004-21 includes text that specifies requirements that differ from § 86.094-21. Where a paragraph in § 86.094-21 is identical and applicable to § 86.004-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” (a)-(b)(3) [Reserved]. For guidance see § 86.094-21. (b)(4)(i) [Reserved] (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (6) Participation in averaging programs —(i) Particulate averaging. (A) If the manufacturer elects to participate in the particulate averaging program for diesel light-duty vehicles and/or diesel light-duty trucks or the particulate averaging program for heavy-duty diesel engines, the application must list the family particulate emission limit and the projected U.S. production volume of the family for the model year. (B) The manufacturer shall choose the level of the family particulate emission limits, accurate to hundredth of a gram per mile or hundredth of a gram per brake horsepowerhour for HDEs. (C) The manufacturer may at any time during production elect to change the level of any family particulate emission limit(s) by submitting the new limit(s) to the Administrator and by demonstrating compliance with the limit(s) as described in §§ 86.090-2 and 86.094-28(b)(5)(i). (ii) NO X and NO X plus NMHC averaging. (A) If the manufacturer elects to participate in the NO X averaging program for light-duty trucks or otto-cycle HDEs or the NO X plus NMHC averaging program for diesel-cycle HDEs, the application must list the family emission limit and the projected U.S. production volume of the family for the model year. (B) The manufacturer shall choose the level of the family emission limits, accurate to one-tenth of a gram per mile or to one-tenth of a gram per brake horsepower-hour for HDEs. (C) The manufacturer may at any time during production elect to change the level of any family emission limit(s) by submitting the new limits to the Administrator and by demonstrating co… | |||
| 40:40:22.0.1.1.2.1.1.14 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-25 Maintenance. | EPA | [62 FR 54725, Oct. 21, 1997, as amended at 79 FR 23688, Apr. 28, 2014; 79 FR 46371, Aug. 8, 2014; 81 FR 73973, Oct. 25, 2016] | Section 86.004-25 includes text that specifies requirements that differ from § 86.094-25. Where a paragraph in § 86.094-25 is applicable to § 86.004-25, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-25.”. (a)(1) Applicability. This section applies to light-duty vehicles, light-duty trucks, and HDEs. (2) Maintenance performed on vehicles, engines, subsystems, or components used to determine exhaust, evaporative or refueling emission deterioration factors, as appropriate, is classified as either emission-related or non-emission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance. (b) Introductory text through (b)(3)(ii) [Reserved]. For guidance see § 86.094-25. (b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(iii) (A)-(E) of this section shall occur at 50,000 miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter. (A) Crankcase ventilation valves and filters. (B) Emission-related hoses and tubes. (C) Ignition wires. (D) Idle mixture. (E) Exhaust gas recirculation system related filters and coolers. (iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter. (v) For otto-cycle heavy-duty engines, the adjustment, cleaning, repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)-(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-hour) intervals thereafter. (A) Catalytic converter. (B) Air injection system components. (C) Fuel injectors. (D) Electronic engine control unit and its associated sensors (except ox… | |||
| 40:40:22.0.1.1.2.1.1.15 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-26 Mileage and service accumulation; emission measurements. | EPA | [65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005; 79 FR 23688, Apr. 28, 2014] | (a)-(b) [Reserved] (c)(1) Paragraph (c) of this section applies to heavy-duty engines. (2) Two types of service accumulation are applicable to heavy-duty engines, as described in paragraphs (c)(2)(i) and (ii) of this section. For Otto-cycle heavy-duty engines exhaust emissions, the service accumulation method used by a manufacturer must be designed to effectively predict the deterioration of emissions in actual use over the full useful life of the of the candidate in-use vehicles and must cover the breadth of the manufacturer's product line that will be covered by the durability procedure. Manufacturers not selecting Options 1 or 2 described in § 86.005-10(f) may certify Otto-cycle engines using the provisions contained in § 86.094-26(c)(2) rather than those contained in this paragraph (c)(2) for 2004 model year engine families certified using carry-over durability data, except for those engines used for early credit banking as allowed in § 86.000-15(k). (i) Service accumulation on engines, subsystems, or components selected by the manufacturer under § 86.094-24(c)(3)(i). The manufacturer determines the form and extent of this service accumulation, consistent with good engineering practice, and describes it in the application for certification. (ii) Dynamometer service accumulation on emission data engines selected under § 86.094-24(b)(2) or (3). The manufacturer determines the engine operating schedule to be used for dynamometer service accumulation, consistent with good engineering practice. A single engine operating schedule shall be used for all engines in an engine family-control system combination. Operating schedules may be different for different combinations. (3) Exhaust emission deterioration factors will be determined on the basis of the service accumulation described in § 86.000-26(b)(2)(i) and related testing, according to the manufacturer's procedures. (4) The manufacturer shall determine, for each engine family, the number of hours at which the engine system combination is stabilized for emis… | |||
| 40:40:22.0.1.1.2.1.1.16 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-28 Compliance with emission standards. | EPA | [61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997; 65 FR 59948, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001; 71 FR 31486, Aug. 30, 2006; 77 FR 34145, June 8, 2012; 79 FR 23688, Apr. 28, 2014; 81 FR 73974, Oct. 25, 2016] | (a)-(b) [Reserved] (c)(1) Paragraph (c) of this section applies to heavy-duty engines. (2) The applicable exhaust emission standards (or family emission limits, as appropriate) for Otto-cycle engines and for diesel-cycle engines apply to the emissions of engines for their useful life. (3) Since emission control efficiency generally decreases with the accumulation of service on the engine, deterioration factors will be used in combination with emission data engine test results as the basis for determining compliance with the standards. (4)(i) Paragraph (c)(4) of this section describes the procedure for determining compliance of an engine with emission standards (or family emission limits, as appropriate), based on deterioration factors supplied by the manufacturer. Deterioration factors shall be established using applicable emissions test procedures. NO X plus NMHC deterioration factors shall be established based on the sum of the pollutants. When establishing deterioration factors for NO X plus NMHC, a negative deterioration (emissions decrease from the official exhaust emissions test result) for one pollutant may not offset deterioration of the other pollutant. Where negative deterioration occurs for NO X and/or NMHC, the official exhaust emission test result shall be used for purposes of determining the NO X plus NMHC deterioration factor. (ii) Separate exhaust emission deterioration factors, determined from tests of engines, subsystems, or components conducted by the manufacturer, shall be supplied for each engine-system combination. For Otto-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO X . NO X plus NMHC, and idle CO, for those engines utilizing aftertreatment technology (e.g., catalytic converters). For diesel-cycle engines, separate factors shall be established for transient NMHC (NMHCE), CO, NO X . NO X plus NMHC and exhaust particulate. For diesel-cycle smoke testing, separate factors shall also be established for the acceleration mode (designated as “… | |||
| 40:40:22.0.1.1.2.1.1.17 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-38 Maintenance instructions. | EPA | [62 FR 54728, Oct. 21, 1997, as amended at 68 FR 38455, June 27, 2003; 79 FR 23688, Apr. 28, 2014] | (a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. (1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language. (2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. (b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.004-25. (c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b). (d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necess… | |||
| 40:40:22.0.1.1.2.1.1.18 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.004-40 Heavy-duty engine rebuilding practices. | EPA | [62 FR 54729, Oct. 21, 1997, as amended at 66 FR 5160, Jan. 18, 2001] | The provisions of this section are applicable to heavy-duty engines subject to model year 2004 or later standards and are applicable to the process of engine rebuilding (or rebuilding a portion of an engine or engine system). The process of engine rebuilding generally includes disassembly, replacement of multiple parts due to wear, and reassembly, and also may include the removal of the engine from the vehicle and other acts associated with rebuilding an engine. Any deviation from the provisions contained in this section is a prohibited act under section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)). (a) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications) and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if: (1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emissions control as the original parts; and (2) Any parameter adjustment or design element change is made only: (i) In accordance with the original engine manufacturer's instructions; or (ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions. (b) When an engine is being rebuilt and remains installed or is reinstalled in the same vehicle, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a configuration of the same or later model year as the original engine. (c) At time of rebuild, emissions… | |||
| 40:40:22.0.1.1.2.1.1.19 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.005-1 General applicability. | EPA | [65 FR 59949, Oct. 6, 2000] | Section 86.005-1 includes text that specifies requirements that differ from § 86.001-1. Where a paragraph in § 86.001-1 is identical and applicable to § 86.005-1, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.001-1.”. (a) Applicability. The provisions of this subpart generally apply to 2005 and later model year new Otto-cycle heavy-duty engines used in incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and later model year new diesel-cycle heavy-duty engines. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section or paragraph. The provisions of this subpart continue to generally apply to 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-cycle and diesel-cycle light-duty trucks, and 2004 and earlier model year new Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR. Provisions generally applicable to 2001 and later model year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and later model year new Otto-cycle and diesel-cycle light-duty trucks, and 2005 and later model year Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR are located in subpart S of this part. (b) Optional applicability. (1) A manufacturer may request to certify any 2003 or 2004 model year heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the light-duty truck provisions located in subpart S of this part. Heavy-duty engine or vehicle provisions of this subpart A do not apply to such a vehicle. This option is not available in the 2003 model year for manufacturers choosing Otto-cycle HDE option 1 in paragraph (c)(1) of this section, or in the 2004 model year for manufacturers choosing Otto-cycle HDE option 2 in paragraph (c)(2… | |||
| 40:40:22.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-3 Abbreviations. | EPA | [61 FR 54878, Oct. 22, 1996] | The abbreviations in § 86.098-3 continue to apply to 1998 and later model year vehicles. The abbreviations in this section apply beginning with the 2000 model year: A/C—Air conditioning FTP—Federal Test Procedure SFTP—Supplemental Federal Test Procedure WOT—Wide Open Throttle A/C—Air conditioning FTP—Federal Test Procedure SFTP—Supplemental Federal Test Procedure WOT—Wide Open Throttle | |||
| 40:40:22.0.1.1.2.1.1.20 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.005-10 Emission standards for 2005 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [65 FR 59950, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 FR 72927, Dec. 8, 2005; 79 FR 23688, Apr. 28, 2014] | Section 86.005-10 includes text that specifies requirements that differ from § 86.099-10. Where a paragraph in § 86.099-10 is identical and applicable to § 86.005-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.099-10.” (a)(1) Exhaust emissions from new 2005 and later model year Otto-cycle HDEs, except for Otto-cycle HDEs subject to the alternative standards in paragraph (f) of this section, shall not exceed: (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO X + NMHC) for engines fueled with either gasoline, natural gas, or liquefied petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per megajoule). (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NO X + NMHCE) for engines fueled with methanol. 1.0 grams per brake horsepower-hour (0.37 grams per megajoule). (C) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the emissions ABT programs for HDEs, within the restrictions described in § 86.098-15. If the manufacturer elects to include engine families in any of these programs, the NO X plus NMHC (or NO X plus NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour (1.7 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. (ii)(A) Carbon monoxide for engines intended for use in all vehicles, except as provided in paragraph (a)(3) of this section. 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions. (B) Carbon monoxide for engines intended for use only in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 pounds. 37.1 grams per brake horsepower-hour (13.8 grams per megajoule), as measured under transient operating conditions. (C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing aftertreatment technology, and not certified to the onboard diag… | |||
| 40:40:22.0.1.1.2.1.1.21 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-11 Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles. | EPA | [65 FR 59954, Oct. 6, 2000, as amended at 66 FR 5161, Jan. 18, 2001; 70 FR 34619, June 14, 2005; 70 FR 40432, July 13, 2005; 71 FR 51486, Aug. 30, 2006; 73 FR 37192, June 30, 2008; 81 FR 73974, Oct. 25, 2016; 88 FR 4473, Jan. 24, 2023] | This section applies to new 2007 and later model year diesel heavy-duty engines and vehicles. Starting in model year 2021, this section also applies to all heavy HDE, regardless of fuel or combustion cycle (see 40 CFR 1036.140(a) and 1036.150(c)). Section 86.007-11 includes text that specifies requirements that differ from § 86.004-11. Where a paragraph in § 86.004-11 is identical and applicable to § 86.007-11, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-11.” (a)(1) Exhaust emissions from new 2007 and later model year diesel HDEs shall not exceed the following: (i) Oxides of Nitrogen (NO X ). (A) 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its diesel HDE families in any or all of the NO X and NO X plus NMHC emissions ABT programs for HDEs, within the restrictions described in § 86.007-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NO X FELs may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010 and later. This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. (ii)(A) Nonmethane hydrocarbon (NMHC) for engines fueled with diesel fuel. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (B) Nonmethane-nonethane hydrocarbon (NMNEHC) for engines fueled with natural gas or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (C) Nonmethane hydrocarbon equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (iii) Carbon monoxide. 15.5 grams per brake horsepower-hour (5.77 grams per megajoule). (iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037 g… | |||
| 40:40:22.0.1.1.2.1.1.22 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-15 NO | EPA | [66 FR 5163, Jan. 18, 2001] | Section 86.007-15 includes text that specifies requirements that differ from § 86.004-15. Where a paragraph in § 86.004-15 is identical and applicable to § 86.007-15, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-15.” (a)-(l) [Reserved]. For guidance see § 86.004-15. (m) The following provisions apply for model year 2007 and later engines (including engines certified during years 2007-2009 under the phase-in provisions of § 86.007-11(g)(1), § 86.005-10(a), or § 86.008-10(f)(1)). These provisions apply instead of the provisions of paragraphs § 86.004-15 (a) through (k) to the extent that they are in conflict. (1) Manufacturers of Otto-cycle engines may participate in an NMHC averaging, banking and trading program to show compliance with the standards specified in § 86.008-10. The generation and use of NMHC credits are subject to the same provisions in paragraphs § 86.004-15 (a) through (k) that apply for NO X plus NMHC credits, except as otherwise specified in this section. (2) Credits are calculated as NO X or NMHC credits for engines certified to separate NO X and NMHC standards. NO X plus NMHC credits (including banked credits and credits that are generated during years 2007-2009 under the phase-in provisions of § 86.007-11(g)(1), § 86.005-10(a), or § 86.008-10(f)(1)) may be used to show compliance with 2007 or later NO X standards (NO X or NMHC standards for Otto-cycle engines), subject to an 0.8 discount factor (e.g., 100 grams of NO X plus NMHC credits is equivalent to 80 grams of NO X credits). (3) NO X or NMHC (or NO X plus NMHC) credits may be exchanged between heavy-duty Otto-cycle engine families certified to the engine standards of this subpart and heavy-duty Otto-cycle engine families certified to the chassis standards of subpart S of this part, subject to an 0.8 discount factor (e.g., 100 grams of NO X (or NO X plus NMHC) credits generated from engines would be equivalent to 80 grams of NO X credits if they a… | |||
| 40:40:22.0.1.1.2.1.1.23 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-17 Onboard diagnostics for engines used in applications less than or equal to 14,000 pounds GVWR. | EPA | [79 FR 23688, Apr. 28, 2014] | Heavy-duty engines intended to be installed in heavy duty vehicles at or below 14,000 pounds GVWR that are subject to standards under this subpart must meet onboard diagnostic requirements as specified in § 86.1806. | |||
| 40:40:22.0.1.1.2.1.1.24 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-21 Application for certification. | EPA | [65 FR 59954, Oct. 6, 2000, as amended at 70 FR 40433, July 13, 2005; 71 FR 51487, Aug. 30, 2006; 79 FR 23689, Apr. 28, 2014] | Section 86.007-21 includes text that specifies requirements that differ from § 86.004-21, 86.094-21 or 86.096-21. Where a paragraph in § 86.004-21, 86.094-21 or 86.096-21 is identical and applicable to § 86.007-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.004-21.”, “[Reserved]. For guidance see § 86.094-21.”, or “[Reserved]. For guidance see § 86.096-21.”. (a)-(b)(3) [Reserved]. For guidance see § 86.094-21. (b)(4)(i) [Reserved] (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (b)(5)(v)-(b)(6) [Reserved]. For guidance see § 86.004-21. (b)(7)-(b)(8) [Reserved]. For guidance see § 86.094-21. (c)-(j) [Reserved]. For guidance see § 86.094-21. (k)-(l) [Reserved] (m)-(n) [Reserved]. For guidance see § 86.004-21. (o) For diesel heavy-duty engines, the manufacturer must provide the following additional information pertaining to the supplemental emission test conducted under § 86.1360-2007: (1) Weighted brake-specific emissions data (i.e., in units of g/bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for which a brake-specific emission standard is established in this subpart; (2) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), brake specific gaseous emission data for each of the 12 non-idle test points (identified under § 86.1360-2007(b)(1)) and the 3 EPA-selected test points (identified under § 86.1360-2007(b)(2)); (3) For engines subject to the MAEL (see § 86.007-11(a)(3)(ii)), concentrations and mass flow rates of all regulated gaseous emissions plus carbon dioxide; (4) Values of all emission-related engine control variables at each test point; (5) A statement that the test results correspond to the test engine selection criteria in 40 CFR 1065.401. The manufacturer also must maintain records at the manufacturer's facility which contain all test data, engineering analyses, and other information which provides the basis for this statement, where such information exists. The manufactur… | |||
| 40:40:22.0.1.1.2.1.1.25 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-23 Required data. | EPA | [66 FR 5164, Jan. 18, 2001, as amended at 74 FR 56373, Oct. 30, 2009; 78 FR 36388, June 17, 2013; 79 FR 23689, Apr. 28, 2014] | Section 86.007-23 includes text that specifies requirements that differ from § 86.098-23 or § 86.001-23. Where a paragraph in § 86.098-23 or § 86.001-23 is identical and applicable to § 86.007-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-23.” or “[Reserved]. For guidance see § 86.001-23.”. (a)-(b)(1) [Reserved]. For guidance see § 86.098-23. (b)(2) [Reserved] (b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23. (c) Emission data from c ertification vehicles and engines. The manufacturer shall submit emission data for each applicable emission standard from vehicles and engines tested in accordance with applicable test procedures and in such numbers as specified. These data shall include zero-mile or zero-hour data, if generated, and emission data generated for certification as required under § 86.004-26. However, manufacturers may provide a statement in the application for certification that vehicles and engines comply with the following standards instead of submitting test data, provided that the statement is supported by previous emission tests, development tests, or other appropriate information, and good engineering judgment: (1) Idle CO, smoke, or particulate matter emissions from methanol-fueled or gaseous-fueled diesel-cycle certification engines. (2) Particulate matter emissions from Otto-cycle certification engines or gaseous-fueled certification engines. (3) CO emissions from diesel-cycle certification engines. (4) Formaldehyde emissions from petroleum-fueled engines. (5) Particulate matter and formaldehyde emissions when conducting Selective Enforcement Audit testing of Otto-cycle engines. (6) Smoke from methanol-fueled or petroleum-fueled diesel-cycle certification engines. (7) Smoke when conducting Selective Enforcement Audit testing of diesel-cycle engines. (8) Evaporative emissions from vehicles fueled by natural gas, liquefied petroleum gas, or hydrogen. (d)-(e)(1) [Reserved]. For guidance see § 8… | |||
| 40:40:22.0.1.1.2.1.1.26 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.007-30 Certification. | EPA | [74 FR 8360, Feb. 24, 2009, as amended at 79 FR 23689, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016] | (a)(1)(i) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under § 86.091-7(c) and any other pertinent data or information, the Administrator determines that a test vehicle(s) (or test engine(s)) meets the requirements of the Act and of this subpart, he will issue a certificate of conformity with respect to such vehicle(s) (or engine(s)) except in cases covered by paragraphs (a)(1)(ii) and (c) of this section. (ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If, after a review of the statement(s) of compliance submitted by the manufacturer under § 86.094-23(b)(4) and any other pertinent data or information, the Administrator determines that the requirements of the Act and this subpart have been met, he will issue one certificate of conformity per manufacturer with respect to the evaporative emission family(ies) covered by paragraph (c) of this section. (2) Such certificate will be issued for such period not to exceed one model year as the Administrator may determine and upon such terms as he may deem necessary or appropriate to assure that any new motor vehicle (or new motor vehicle engine) covered by the certificate will meet the requirements of the Act and of this part. (3)(i) One such certificate will be issued for each engine family. For gasoline-fueled and methanol-fueled light-duty vehicles and light-duty trucks, and petroleum-fueled diesel cycle light-duty vehicles and light-duty trucks not certified under § 86.098-28(g), one such certificate will be issued for each engine family-evaporative/refueling emission family combination. Each certificate will certify compliance with no more than one set of in-use and certification standards (or family emission limits, as appropriate). (ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, one such certificate will be issued for each manufacturer and will certify compliance for those vehicles previously identified in that manufacturer's statement(s) of complianc… | |||
| 40:40:22.0.1.1.2.1.1.27 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.008-10 Emission standards for 2008 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [66 FR 5165, Jan. 18, 2001, as amended at 75 FR 22978, Apr. 30, 2010; 79 FR 23689, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016; 88 FR 4474, Jan. 24, 2023] | This section applies to new 2008 and later model year Otto-cycle heavy-duty engines and vehicles. Starting in model year 2021, this section applies to light HDE and medium HDE, but it no longer applies to heavy HDE (see 40 CFR 1036.140(a) and 1036.150(c)). (a)(1) Exhaust emissions from new 2008 and later model year Otto-cycle HDEs shall not exceed: (i)(A) Oxides of Nitrogen (NO X ). 0.20 grams per brake horsepower-hour (0.075 grams per megajoule). (B) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the NO X and NO X plus NMHC emissions ABT programs for HDEs, within the restrictions described in § 86.008-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the NO X FEL may not exceed 0.50 grams per brake horsepower-hour (0.26 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, banking, or trading programs. The NO X FEL cap is 0.80 for model years before 2011 for manufacturers choosing to certify to the 1.5 g/bhp-hr NO X + NMHC standard in 2003 or 2004, in accordance with § 86.005-10(f). (ii)(A) Nonmethane hydrocarbon (NMHC) for engines fueled with gasoline. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (B) Nonmethane-nonethane hydrocarbon (NMNEHC) for engines fueled with natural gas or liquefied petroleum gas. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (C) Nonmethane hydrocarbon equivalent (NMHCE) for engines fueled with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per megajoule). (D) A manufacturer may elect to include any or all of its Otto-cycle HDE families in any or all of the hydrocarbon emission ABT programs for HDEs, within the restrictions described in § 86.007-15 or § 86.004-15. If the manufacturer elects to include engine families in any of these programs, the hydrocarbon FEL may not exceed 0.30 grams per brake horsepower-hour. This ceiling value applies whether credits for the fa… | |||
| 40:40:22.0.1.1.2.1.1.28 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-2 Definitions. | EPA | [74 FR 8369, Feb. 24, 2009] | The definitions of § 86.004-2 continue to apply to 2004 and later model year vehicles. The definitions listed in this section apply beginning with the 2010 model year. DTC means diagnostic trouble code. Engine or engine system as used in §§ 86.007-17, 86.007-30, 86.010-18, and 86.010-38 means the engine, fuel system, induction system, aftertreatment system, and everything that makes up the system for which an engine manufacturer has received a certificate of conformity. Engine start as used in § 86.010-18 means the point when the engine reaches a speed 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). For hybrid vehicles or for engines employing alternative engine start hardware or strategies (e.g., integrated starter and generators.), the manufacturer may use an alternative definition for engine start (e.g., key-on) provided the alternative definition is based on equivalence to an engine start for a conventional vehicle. Functional check , in the context of onboard diagnostics, means verifying that a component and/or system that receives information from a control computer responds properly to a command from the control computer. Ignition cycle as used in § 86.010-18 means a cycle that begins with engine start, meets the engine start definition for at least two seconds plus or minus one second, and ends with engine shutoff. Limp-home operation as used in § 86.010-18 means an operating mode that an engine is designed to enter upon determining that normal operation cannot be maintained. In general, limp-home operation implies that a component or system is not operating properly or is believed to be not operating properly. Malfunction means the conditions have been met that require the activation of an OBD malfunction indicator light and storage of a DTC. MIL-on DTC means the diagnostic trouble code stored when an OBD system has detected and confirmed that a malfunction exists (e.g., typically on the second drive… | |||
| 40:40:22.0.1.1.2.1.1.29 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-18 On-board Diagnostics for engines used in applications greater than 14,000 pounds GVWR. | EPA | [74 FR 8369, Feb. 24, 2009, as amended at 76 FR 57374, Sept. 15, 2011; 78 FR 36388, June 17, 2013; 86 FR 34364, June 29, 2021; 88 FR 4474, Jan. 24, 2023] | (a) General. Heavy-duty engines intended for use in a heavy-duty vehicle weighing more than 14,000 pounds GVWR must be equipped with an on-board diagnostic (OBD) system capable of monitoring all emission-related engine systems or components during the life of the engine. The OBD requirements of 40 CFR 1036.110 apply starting in model year 2027. In earlier model years, manufacturers may meet the requirements of this section or the requirements of 40 CFR 1036.110. Note that 40 CFR 1036.150(v) allows for an alternative communication protocol before model year 2027. The OBD system is required to detect all malfunctions specified in paragraphs (g), (h), and (i) of this section even though the OBD system is not required to use a unique monitor to detect each of those malfunctions. (1) When the OBD system detects a malfunction, it must store a pending, a MIL-on, or a previous-MIL-on diagnostic trouble code (DTC) in the onboard computer's memory. A malfunction indicator light (MIL) must also be activated as specified in paragraph (b) of this section. (2) Data link connector. (i) For model years 2010 through 2012, the OBD system must be equipped with a data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section. (ii) For model years 2013 and later, the OBD system must be equipped with a standardized data link connector to provide access to the stored DTCs as specified in paragraph (k)(2) of this section. (3) The OBD system cannot be programmed or otherwise designed to deactivate based on age and/or mileage. This requirement does not alter existing law and enforcement practice regarding a manufacturer's liability for an engine beyond its regulatory useful life, except where an engine has been programmed or otherwise designed so that an OBD system deactivates based on age and/or mileage of the engine. (4) Drive cycle or driving cycle , in the context of this § 86.010-18, means operation that meets any of the conditions of paragraphs (a)(4)(i) through (a)(4)(iv) of this… | |||
| 40:40:22.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-7 Maintenance of records; submittal of information; right of entry. | EPA | [61 FR 54878, Oct. 22, 1996, as amended at 79 FR 23687, Apr. 28, 2014] | Section 86.000-7 includes text that specifies requirements that differ from § 86.091-7 or § 86.094-7. Where a paragraph in § 86.091-7 or § 86.094-7 is identical and applicable to § 86.000-7, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.091-7.” or “[Reserved]. For guidance see § 86.094-7.” (a) introductory text through (a)(2) [Reserved]. For guidance see § 86.091-7. (a)(3) [Reserved]. For guidance see § 86.094-7. (b)-(c)(2) [Reserved]. For guidance see § 86.091-7. (c)(3) [Reserved]. For guidance see § 86.094-7. (c)(4)-(d)(1)(v) [Reserved]. For guidance see § 86.091-7. (d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see § 86.094-7. (d)(3)-(g) [Reserved]. For guidance see § 86.091-7. (h)(1) [Reserved] (h)(2)-(h)(5) [Reserved]. For guidance see § 86.094-7. (6) EPA may void ab initio a certificate for a vehicle certified to Tier 1 certification standards or to the respective evaporative and/or refueling test procedure and accompanying evaporative and/or refueling standards as set forth or otherwise referenced in § 86.098-10 for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request. | |||
| 40:40:22.0.1.1.2.1.1.30 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.010-38 Maintenance instructions. | EPA | [74 FR 8408, Feb. 24, 2009, as amended at 75 FR 22978, Apr. 30, 2010; 79 FR 23689, Apr. 28, 2014] | (a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in § 86.099-8, § 86.004-9, § 86.004-10, or § 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of § 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. (1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language. (2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. (b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under § 86.004-25. (c) Scheduled emission-related maintenance in addition to that performed under § 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under § 86.004-25(b). (d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necess… | |||
| 40:40:22.0.1.1.2.1.1.31 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.012-2 Definitions. | EPA | [76 FR 57375, Sept. 15, 2011] | The definitions of § 86.010-2 continue to apply to model year 2010 and later model year vehicles. The definitions listed in this section apply beginning with model year 2012. Urban bus means a passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intracity operation, i.e. , within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g. , rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. | |||
| 40:40:22.0.1.1.2.1.1.32 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.016-1 General applicability. | EPA | [76 FR 57375, Sept. 15, 2011, as amended at 79 FR 23690, Apr. 28, 2014; 81 FR 73975, Oct. 25, 2016; 88 FR 4474, Jan. 24, 2023] | (a) Applicability. The provisions of this subpart apply for certain types of new heavy-duty engines and vehicles as described in this section. As described in paragraph (j) of this section, most of this subpart no longer applies starting with model year 2027. Note that this subpart does not apply for light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, or vehicles at or below 14,000 pounds GVWR that have no propulsion engine, such as electric vehicles; see subpart S of this part for requirements that apply for those vehicles. In some cases, manufacturers of heavy-duty engines and vehicles can choose to meet the requirements of this subpart or the requirements of subpart S of this part; those provisions are therefore considered optional, but only to the extent that manufacturers comply with the other set of requirements. In cases where a provision applies only for a certain vehicle group based on its model year, vehicle class, motor fuel, engine type, or other distinguishing characteristics, the limited applicability is cited in the appropriate section. The provisions of this subpart apply for certain heavy-duty engines and vehicles as follows: (1) The provisions of this subpart related to exhaust emission standards apply for diesel-cycle and Otto-cycle heavy-duty engines installed in vehicles above 14,000 pounds GVWR; however, these vehicles may instead be certified under subpart S of this part in certain circumstances as specified in § 86.1801. (2) The provisions of this subpart related to exhaust emission standards apply for engines that will be installed in incomplete heavy-duty vehicles at or below 14,000 pounds GVWR; however, these vehicles may instead be certified under subpart S of this part as specified in § 86.1801. (3) Diesel-cycle and Otto-cycle complete heavy-duty vehicles at or below 14,000 pounds GVWR and the corresponding engines are not subject to the provisions of this subpart related to exhaust emission standards, except that these provisions are optional for diesel-cycle… | |||
| 40:40:22.0.1.1.2.1.1.33 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.078-3 Abbreviations. | EPA | [42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980; 74 FR 56373, Oct. 30, 2009] | The abbreviations in this section apply to this subpart and also to subparts B, D, H, I, J, N, O and P of this part and have the following meanings: accel.—acceleration. AECD—Auxiliary emission control device. API—American Petroleum Institute. ASTM—American Society for Testing and Materials. BHP—Brake horsepower. BSCO—Brake specific carbon monoxide. BSHC—Brake specific hydrocarbons. BSNO X —Brake specific oxides of nitrogen. C—Celsius. cfh—cubic feet per hour. CFV—Critical flow venturi. CFV-CVS—Critical flow venturi—constant volume sampler. CH 4 methane. CL—Chemiluminescence. CO 2 —carbon dioxide. CO—Carbon monoxide. conc.—concentration. cfm—cubic feet per minute. CT—Closed throttle. cu. in.—cubic inch(es). CVS—Constant volume sampler. decel.—deceleration. EP—End point. evap.—evaporative. F—Fahrenheit. FID—Flame ionization detector. FL—Full load. ft.—feet. g—gram(s). gal.—U.S. gallon(s). GVW—Gross vehicle weight. GVWR—Gross vehicle weight rating. h—hour(s). H 2 O—water. HC—hydrocarbon(s). HFID—Heated flame ionization detector. Hg—mercury. hi—high. hp.—horsepower. IBP—Initial boiling point. ID—Internal diameter. in.—inch(es). K—kelvin. kg—kilogram(s). km—kilometer(s). kPa—kilopascal(s). lb.—pound(s). lb.-ft.—pound-feet. m—meter(s). max.—maximum. mg—milligram(s). mi.—mile(s). min.—minute(s). ml—milliliter(s). mm—millimeter(s). mph—miles per hour. mv—millivolt(s). N 2 —nitrogen. NDIR—Nondispersive infrared. NO—nitric oxide. NO 2 —nitrogen dioxide. N 2 O nitrous oxide. NO X —oxides of nitrogen. No.—Number. O 2 —oxygen. Pb—lead. pct.—percent. PDP-CVS—Positive displacement pump—constant volume sampler. ppm—parts per million by volume. ppm C—parts per million, carbon. psi—pounds per square inch. psig—pounds per square inch gauge. PTA—Part throttle acceleration. PTD—Part throttle deceleration. R—Rank… | |||
| 40:40:22.0.1.1.2.1.1.34 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.078-6 Hearings on certification. | EPA | [81 FR 73975, Oct. 25, 2016] | If a manufacturer's request for a hearing is approved, EPA will follow the hearing procedures specified in 40 CFR part 1068, subpart G. | |||
| 40:40:22.0.1.1.2.1.1.35 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-31 Separate certification. | EPA | [42 FR 45149, Sept. 8, 1977] | Where possible a manufacturer should include in a single application for certification all vehicles (or engines) for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles (or test engines) and the computation of test results will be determined separately for each application. | |||
| 40:40:22.0.1.1.2.1.1.36 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-32 Addition of a vehicle or engine after certification. | EPA | [42 FR 45149, Sept. 8, 1977] | (a) If a manufacturer proposes to add to his product line a vehicle (or engine) of the same engine-system combination as vehicles (or engines) previously certified but which was not described in the application for certification when the test vehicle(s) (or test engine(s)) representing other vehicles (or engines) of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in § 86.079-34. This notification shall include a full description of the vehicle (or engine) to be added. (b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) (or test engine(s)) representing the vehicle (or engine) to be added which would have been required if the vehicle (or engine) had been included in the original application for certification. (c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under § 86.079-29, the Administrator determines that the test vehicle(s) or test engine(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) (or test engine(s)) does not meet applicable standards, he will proceed under § 86.079-30(b). | |||
| 40:40:22.0.1.1.2.1.1.37 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-33 Changes to a vehicle or engine covered by certification. | EPA | [42 FR 45149, Sept. 8, 1977] | (a) The manufacturer shall notify the Administrator of any change in production vehicles (or production engines) in respect to any of the parameters listed in § 86.079-24(a)(3), § 86.079-24(b)(1)(iii), § 86.079-24(b)(2) (iii) or § 86.079-24(b)(3)(iii) as applicable, giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in § 86.079-34. (b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct. The Administrator will determine whether the vehicle (or engine), as modified, would still be covered by the certificate of conformity then in effect. (c) If the Administrator determines that the outstanding certificate would cover the modified vehicles (or engines) he will notify the manufacturer in writing. Except as provided in § 86.079-34 the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles (or engines) would not be covered by the certificate then in effect, the modified vehicles (or engines) shall be treated as additions to the product line subject to § 86.079-32. | |||
| 40:40:22.0.1.1.2.1.1.38 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.079-39 Submission of maintenance instructions. | EPA | [42 FR 45151, Sept. 8, 1977] | (a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 86.079-23, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with § 86.079-38(a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's (or engine's) emission control systems. The Administrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems. (b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time. | |||
| 40:40:22.0.1.1.2.1.1.39 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.080-12 Alternative certification procedures. | EPA | [45 FR 26045, Apr. 17, 1980] | (a)(1) The Administrator will determine which of the following certification procedures (paragraph (a)(3) or (a)(4) of this section) may be used to demonstrate compliance for each heavy-duty engine, light-duty vehicle, and light-duty truck engine family for which certification is sought. (2) The families selected for the procedure described in paragraph (a)(3) of this section will be subject to this procedure at the option of the manufacturer. (3) The following provisions apply to those heavy-duty engine, light-duty vehicle, and light-duty truck engine families which the Administrator has specified may be subject to the abbreviated certification review procedure. (i) The manufacturer shall satisfy all applicable requirements of part 86 necessary to demonstrate compliance with the applicable standards for each class of new motor vehicles or new motor vehicle engines for which certification is sought. (ii) As specifically allowed by the Administrator, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family for which certification is sought and which are within the jurisdiction of the Administrator, with the exception that the Administrator will determine whether a test vehicle, or test engine, has met the applicable emission standards. (iii) The manufacturer shall maintain, update, and correct all records and information required. (iv) The Administrator may review a manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator. (v) At the Administrator's request, the manufacturer shall notify the Administrator of the status of the certification program including projected schedules of those significant accomplishments specified by the Administrator. (vi) The manufacturer shall permit the Administrator to inspect any facilities, records, and vehicles from which data are obtained under the abbreviated certification review procedure.… | |||
| 40:40:22.0.1.1.2.1.1.4 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.000-24 Test vehicles and engines. | EPA | [61 FR 54882, Oct. 22, 1996, as amended at 79 FR 23687, Apr. 28, 2014] | (a) [Reserved. (b) introductory text [Reserved] (b)(1)(i) Vehicles are chosen to be operated and tested for emission data based upon engine family groupings. Within each engine family, one test vehicle is selected. If air conditioning is projected to be available on any vehicles within the engine family, the Administrator will limit selections to engine codes which have air conditioning available and will require that any vehicle selected under this section has air conditioning installed and operational. The Administrator selects as the test vehicle the vehicle with the heaviest equivalent test weight (including options) within the family which meets the air conditioning eligibility requirement discussed earlier in this section. If more than one vehicle meets this criterion, then within that vehicle grouping, the Administrator selects, in the order listed, the highest road-load power, largest displacement, the transmission with the highest numerical final gear ratio (including overdrive), the highest numerical axle ratio offered in that engine family, and the maximum fuel flow calibration. (ii) The Administrator selects one additional test vehicle from within each engine family. The additional vehicle selected is the vehicle expected to exhibit the highest emissions of those vehicles remaining in the engine family. The selected vehicle will include an air conditioning engine code unless the Administrator chooses a worst vehicle configuration that is not available with air conditioning. If all vehicles within the engine family are similar, the Administrator may waive the requirements of this paragraph. (b)(1)(iii)-(b)(1)(vi) [Reserved] (c)-(f) [Reserved] (g)(1)-(2) [Reserved] (g)(3) Except for air conditioning, where it is expected that 33 percent or less of a carline, within an engine-system combination, will be equipped with an item (whether that item is standard equipment or an option) that can reasonably be expected to influence emissions, that item may not be installed on any emission data vehicle or d… | |||
| 40:40:22.0.1.1.2.1.1.40 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.082-2 Definitions. | EPA | [46 FR 50475, Oct. 13, 1981, as amended at 47 FR 49807, 49808, Nov. 2, 1982; 62 FR 31233, June 6, 1997; 79 FR 23690, Apr. 28, 2014] | (a) The definitions of this section apply to this subpart and also to subparts B, D, I, and R of this part. (b) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act: Accuracy means the difference between a measurement and true value. Act means part A of title II of the Clean Air Act, 42 U.S.C. as amended, 7521, et seq. Administrator means the Administrator of the Environmental Protection Agency or his authorized representative. Auxiliary Emission Control Device (AECD) means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), catalyst usage, and other engine and emission control system characteristics specified by the Administrator. Basic vehicle frontal area means the area enclosed by the geometric projection of the basic vehicle along the longitudinal axis, which includes tires but excludes mirrors and air deflectors, onto a plane perpendicular to the longitudinal axis of the vehicle. Body style means a level of commonality in vehicle construction as defined by number of doors and roof treatment (e.g., sedan, convertible, fastback, hatchback). Body type means a name denoting a group of vehicles that are either in the same car line or in different car lines provided the only reason the vehicles qualify to be considered in different car lines is that they are produced by a separate division of a single manufacturer. Calibrating gas means a gas of known concentration which is used to establish the response curve of an analyzer. Calibration means the set of specifications, including tolerances, unique to a particular design, version, or application of a compon… | |||
| 40:40:22.0.1.1.2.1.1.41 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.082-34 Alternative procedure for notification of additions and changes. | EPA | [46 FR 50486, Oct. 13, 1981, as amended at47 FR 49807, Nov. 2, 1982] | (a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle (or engine) under § 86.079-32 or a change in a vehicle (or engine) under § 86.079-33, notify the Administrator concurrently with making an addition of a vehicle or a change in a vehicle, if the manufacturer determines that following the change all vehicles (or engines) effected by the addition or change will still meet the applicable emission standards. Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may desire to include to support the manufacturer's determination. The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing. (b) The Administrator may require that additional emission testing be performed to support the manufacturers original determination submitted in paragraph (a) of this section. If additional testing is required the Administrator shall proceed as in § 86.079-32 (b) and (c) or § 86.079-33 (b) and (c) as appropriate. Additional test data, if requested, must be provided within 30 days of the request or the manufacturer must rescind the addition or change immediately. The Administrator may grant additional time to complete testing. If based on this additional testing or any other information, the Administrator determines that the vehicles effected by the addition or change do not meet the applicable standards the Administrator will notify the manufacturer to rescind the addition or change immediately upon receipt of the notification. (c) Election to produce vehicles (or engines) under this section will be deemed to be a consent to recall all vehicles (or engines) which the Administrator determines under § 86.079-32(c) do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner. | |||
| 40:40:22.0.1.1.2.1.1.42 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.084-2 Definitions. | EPA | [45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982; 48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec. 10, 1984; 70 FR 40433, July 13, 2005] | The definitions in § 86.082-2 remain effective. The definitions listed in this section apply beginning with the 1984 model year. Approach angle means the smallest angle in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire. Axle clearance means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile. Breakover angle means the supplement of the largest angle, in the plan side view of an automobile, that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile. Curb-idle means: (1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged and with the air conditioning system, if present, turned off. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position), and with the air conditioning system, if present, turned off. (2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. (Measured idle speed may be used in lieu of curb-idle speed for the emission tests when the difference between measured idle speed and curb idle speed is sufficient to cause a void test under 40 CFR 1065.530 but not sufficient to permit adjustment in accordance with 40 CFR part 1065, subpart E. Departure angle means the smallest angle, in a plan side view of an automobile, formed by the level surface on which the automobile is standing and a l… | |||
| 40:40:22.0.1.1.2.1.1.43 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.084-4 Section numbering; construction. | EPA | [81 FR 73976, Oct. 25, 2016] | (a) The model year of initial applicability is indicated by the last two digits of the 5-digit group. A section remains in effect for subsequent model years until it is superseded. The number following the hyphen designates what previous section is replaced by a future regulation. For example, § 86.005-1 applies to model year 2005 and later vehicles and engines until it is superseded. Section 86.016-1 takes effect with model year 2016 and continues to apply until it is superseded; § 86.005-1 no longer applies starting with model year 2016, except as specified by § 86.016-1. (b) If a regulation in this subpart references a section that has been superseded or no longer exists, this should be understood as a reference to the same section for the appropriate model year. For example, if a regulation in this subpart refers to § 86.001-30, it should be taken as a reference to § 86.007-30 or any later version of that section that applies for the appropriate model year. However, this does not apply if the reference to a superseded section specifically states that the older provision applies instead of any updated provisions from the section in effect for the current model year; this occurs most often as part of the transition to new emission standards. (c) Except where indicated, the language in this subpart applies to both vehicles and engines. In many instances, language referring to engines is enclosed in parentheses and immediately follows the language discussing vehicles. | |||
| 40:40:22.0.1.1.2.1.1.44 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-2 Definitions. | EPA | [48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983; 52 FR 47863, Dec. 16, 1987; 79 FR 23690, Apr. 28, 2014] | The definitions of § 86.084-2 remain effective. The definitions listed in this section apply beginning with the 1985 model year. Abnormally treated vehicle, any diesel light-duty vehicle or diesel light-duty truck that is operated for less than five miles in a 30 day period immediately prior to conducting a particulate emissions test. Composite particulate standard, for a manufacturer which elects to average diesel light-duty vehicles and diesel light-duty trucks together in the particulate averaging program, means that standard calculated according to the following equation and rounded to the nearest hundredth gram-per-mile: Where: PROD LDV represents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year. STD LDT represents the light-duty truck particulate standard. Where: PROD LDV represents the manufacturer's total diesel light-duty vehicle production for those engine families being included in the average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total diesel light-duty truck production for those engine families being included in the average for a given model year. STD LDT represents the light-duty truck particulate standard. Family particulate emission limit means the diesel particulate emission level to which an engine family is certified in the particulate averaging program, expressed to an accuracy of one hundredth gram-per-mile. Production-weighted average means the manufacturer's production-weighted average particulate emission level, for certification purposes, of all of its diesel engine families included in the particulate averaging program. It is calculated at the end of the mo… | |||
| 40:40:22.0.1.1.2.1.1.45 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-20 Incomplete vehicles, classification. | EPA | [79 FR 23690, Apr. 28, 2014] | For purposes of this part: (a) A heavy-duty gasoline-fueled vehicle is considered to be a complete vehicle if it has the primary load carrying device or container attached at the time the vehicle leaves the control of the manufacturer of the engine, and is considered to be an incomplete vehicle if it does not. (b) For all other heavy-duty vehicles, a vehicle that has the primary load carrying device or container attached at the time the vehicle is introduced into U.S. commerce is considered to be a complete vehicle. Vehicles not considered to be complete vehicles are incomplete vehicles. For purposes of determining when a vehicle is introduced into U.S. commerce, an assembly of motor vehicle parts is deemed to be a vehicle if either of the following applies: (1) A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes at least an engine, a transmission, and a frame. (Note: For purposes of this definition, any electrical, mechanical, and/or hydraulic devices attached to engines for the purpose of powering wheels are considered to be transmissions.) (2) A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes a passenger compartment attached to a frame with axles. | |||
| 40:40:22.0.1.1.2.1.1.46 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.085-37 Production vehicles and engines. | EPA | [48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994; 62 FR 31233, June 6, 1997; 79 FR 23690, Apr. 28, 2014; 81 FR 73976, Oct. 25, 2016] | (a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon request, a reasonable number of production vehicles (or engines) selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmission offered and typical of production models available for sale under the certificate. These vehicles (or engines) shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer. (b) [Reserved] (c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle manufacturer obtaining certification under this part shall notify the Administrator, on a yearly basis, of the number of engines or vehicles of such engine family-evaporative emission family-engine displacement-exhaust emission control system-fuel system combination produced for sale in the United States during the preceding year. | |||
| 40:40:22.0.1.1.2.1.1.47 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.088-2 Definitions. | EPA | [50 FR 10648, Mar. 15, 1985] | The definitions in § 86.085-2 remain effective. The definitions in this section apply beginning with the 1988 model year. Composite NO X standard, for a manufacturer which elects to average light-duty trucks subject to the NO X standard of § 86.088-9(a)(iii)(A) together with those subject to the NO X standard of § 86.088-9(a)(iii)(B) in the light-duty truck NO X averaging program, means that standard calculated according to the following equation and rounded to the nearest one-tenth gram per mile: Where: PROD A = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(A) and included in the average for a given model year, STD A = The NO X standard of § 86.088-9(a)(iii)(A), PROD B = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(B) and included in the average for a given model year, and STD B = The NO X standard of § 86.088-9(a)(iii)(B). Where: PROD A = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(A) and included in the average for a given model year, STD A = The NO X standard of § 86.088-9(a)(iii)(A), PROD B = The manufacturer's total light-duty truck production for those engine families subject to the standard of § 86.088-9(a)(iii)(B) and included in the average for a given model year, and STD B = The NO X standard of § 86.088-9(a)(iii)(B). Critical emission-related components are those components which are designed primarily for emission control, or whose failure may result in a significant increase in emissions accompanied by no significant impairment (or perhaps even an improvement) in performance, driveability, and/or fuel economy as determined by the Administrator. Critical emission-related maintenance means that maintenance to be performed on critical emission-related components. Emission-related maintenance means that maintenance which does… | |||
| 40:40:22.0.1.1.2.1.1.48 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-2 Definitions. | EPA | [55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995; 62 FR 31233, June 6, 1997; 76 FR 57376, Sept. 15, 2011] | The definitions in § 86.088-2 remain effective. The definitions in this section apply beginning with the 1990 model year. Averaging for heavy-duty engines means the exchange of NO X and particulate emission credits among engine families within a given manufacturer's product line. Averaging set means a subcategory of heavy-duty engines within which engine families can average and trade emission credits with one other. Banking means the retention of heavy-duty engine NO X and particulate emission credits, by the manufacturer generating the emission credits, for use in future model year certification programs as permitted by regulation. Composite particulate standard, for a manufacturer which elects to average light-duty vehicles and light-duty trucks together in either the petroleum-fueled or methanol-fueled light-duty particulate averaging program, means that standards calculated using the following equation and rounded to the nearest one-hundredth (0.01) of a gram per mile: Where: PROD LDV represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty vehicle production for those engine families being included in the appropriate average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty truck production for those engine families being included in the appropriate average for a given model year. STD LDT represents the light-duty truck particulate standard. Where: PROD LDV represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty vehicle production for those engine families being included in the appropriate average for a given model year. STD LDV represents the light-duty vehicle particulate standard. PROD LDT represents the manufacturer's total petroleum-fueled diesel or methanol-fueled diesel light-duty truck production for those engine families being included in the a… | |||
| 40:40:22.0.1.1.2.1.1.49 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-3 Abbreviations. | EPA | [55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995] | (a) The abbreviations in § 86.078-3 remain effective. The abbreviations in this section apply beginning with the 1990 model year. (b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, M, N, and P of this part, and have the following meanings: DNPH—2,4-dinitrophenylhydrazine. FEL—Family emission limit. GC—Gas chromatograph. HPLC—High-pressure liquid chromatography. MeOH—Methanol (CH 3 OH). Mg—Megagram(s) (1 million grams) MJ—Megajoule(s) (1 million joules) THCE—Total Hydrocarbon Equivalent UV—Ultraviolet. DNPH—2,4-dinitrophenylhydrazine. FEL—Family emission limit. GC—Gas chromatograph. HPLC—High-pressure liquid chromatography. MeOH—Methanol (CH 3 OH). Mg—Megagram(s) (1 million grams) MJ—Megajoule(s) (1 million joules) THCE—Total Hydrocarbon Equivalent UV—Ultraviolet. | |||
| 40:40:22.0.1.1.2.1.1.5 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-2 Definitions. | EPA | [59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996] | The definitions of § 86.000-2 continue to apply to 2000 and later model year vehicles. The definitions listed in this section apply beginning with the 2001 model year. Useful life means: (1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative and/or refueling emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is defined as a period of use of 10 years or 100,000 miles, whichever occurs first. (2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever occurs first. The useful life of evaporative emission and/or refueling control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96, and/or the refueling emission test requirements of § 86.151-2001, is also defined as a period of 11 years or 120,000 miles, whichever occurs first. (3) For an Otto-cycle heavy-duty engine family: (i) For hydrocarbon and carbon monoxide standards, a period of use of 8 years or 110,000 miles, whichever first occurs. (ii) For the oxides of nitrogen standard, a period of use of 10 years or 110,000 miles, whichever first occurs. (iii) For the portion of evaporative emission control systems subject to the evaporative emission test requirements of § 86.1230-96, a period of use of 10 years or 110,000 miles… | |||
| 40:40:22.0.1.1.2.1.1.50 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-5 General standards; increase in emissions; unsafe conditions. | EPA | [54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996; 88 FR 4474, Jan. 24, 2023] | (a)(1) Every new motor vehicle (or new motor vehicle engine) manufactured for sale, sold, offered for sale, introduced, or delivered for introduction to commerce, or imported into the United States for sale or resale which is subject to any of the standards prescribed in this subpart shall be covered by a certificate of conformity issued pursuant to §§ 86.090-21, 86.090-22, 86.090-23, 86.090-29, 86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34. (2) No heavy-duty vehicle manufacturer shall take any of the actions specified in section 203(a)(1) of the Act with respect to any Otto-cycle or diesel heavy-duty vehicle which uses an engine which has not been certified as meeting applicable standards. (3) Notwithstanding paragraphs (a) (1) and (2) of this section, a light or heavy duty motor vehicle equipped with an engine certified to the nonroad provision of 40 CFR part 89 may be sold, offered for sale or otherwise introduced into commerce by a motor vehicle manufacturer to a secondary manufacturer if the motor vehicle manufacturer obtains written assurance from the secondary manufacturer that such vehicle will be converted to a nonroad vehicle or to a piece of nonroad equipment, as defined in 40 CFR part 89, before title is transferred to an ultimate purchaser. Failure of the secondary manufacturer to convert such vehicles to nonroad vehicles or equipment prior to transfer to an ultimate purchaser shall be considered a violation of section 203(a) (1) and (3) of the Clean Air Act. (b)(1) Any system installed on or incorporated in a new motor vehicle (or new motor vehicle engine) to enable such vehicle (or engine) to conform to standards imposed by this subpart. (i) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic substance that would not be emitted in the operation of such vehicle (or engine) without such system, except as specifically permitted by regulation; and (ii) Shall not in its operation, function or malfunction result in any unsafe condition e… | |||
| 40:40:22.0.1.1.2.1.1.51 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.090-27 Special test procedures. | EPA | [54 FR 14481, Apr. 11, 1989] | (a) The Administrator may, on the basis of written application by a manufacturer, prescribe test procedures, other than those set forth in this part, for any light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle which the Administrator determines is not susceptible to satisfactory testing by the procedures set forth in this part. (b) If the manufacturer does not submit a written application for use of special test procedures but the Administrator determines that a light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty vehicle is not susceptible to satisfactory testing by the procedures set forth in this part, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection in accordance with the provisions of § 86.090-22(c). | |||
| 40:40:22.0.1.1.2.1.1.52 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-2 Definitions. | EPA | [55 FR 30619, July 26, 1990] | The definitions of § 86.090-2 remain effective. The definitions listed in this section apply beginning with the 1991 model year. Urban bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines. | |||
| 40:40:22.0.1.1.2.1.1.53 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-7 Maintenance of records; submittal of information; right of entry. | EPA | [55 FR 30619, July 26, 1990, as amended at 75 FR 22978, Apr. 30, 2010] | (a) The manufacturer of any new motor vehicle (or new motor vehicle engine) subject to any of the standards or procedures prescribed in this subpart shall establish, maintain and retain the following adequately organized and indexed records. (1) General records. (i) The records required to be maintained by this paragraph shall consist of: (A) Identification and description of all certification vehicles (or certification engines) for which testing is required under this subpart. (B) A description of all emission control systems which are installed on or incorporated in each certification vehicle (or certification engine). (C) A description of all procedures used to test each such certification vehicle (or certification engine). (ii) A properly filed application for certification, following the format prescribed by the US EPA for the appropriate model year, fulfills each of the requirements of this paragraph (a)(1). (2) Individual records. (i) A brief history of each motor vehicle (or motor vehicle engine) used for certification under this subpart including: (A) In the case where a current production engine is modified for use in a certification vehicle (or as a certification engine), a description of the process by which the engine was selected and of the modifications made. In the case where the engine for a certification vehicle (or certification engine) is not derived from a current production engine, a general description of the buildup of the engine (e.g., experimental heads were cast and machined according to supplied drawings, etc.). In both cases above, a description of the origin and selection process for carburetor, distributor, fuel system components, fuel injection components, emission control system components, smoke exhaust emission control system components, and exhaust aftertreatment devices as applicable, shall be included. The required descriptions shall specify the steps taken to assure that the certification vehicle (or certification engine) with respect to its engine, drivetrain, fu… | |||
| 40:40:22.0.1.1.2.1.1.54 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.091-29 Testing by the Administrator. | EPA | [50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989; 58 FR 16020, Mar. 24, 1993; 79 FR 23690, Apr. 28, 2014] | (a) [Reserved] (b)(1) Paragraph (b) of this section applies to heavy-duty engines. (2) The Administrator may require that any one or more of the test engines be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible. (3)(i) Whenever the Administrator conducts a test on a test engine the results of that test, unless subsequently invalidated by the Administrator, shall comprise the official data for the engine at that prescribed test point and the manufacturer's data for that prescribed test point shall not be used in determining compliance with emission standards (or family emission limits, as appropriate). (ii) Whenever the Administrator does not conduct a test on a test engine at a test point, the manufacturer's test data will be accepted as the official data for that test point: Provided, That if the Administrator makes a determination based on testing under paragraph (b)(2) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer, And further provided, That if the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Administrator may refuse to accept that data as the official data pending retesting or submission of further information. (iii)(A)( 1 ) The Administrator may… | |||
| 40:40:22.0.1.1.2.1.1.55 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.092-2 Definitions. | EPA | [55 FR 7187, Feb. 28, 1990] | The definitions of § 86.091-2 remain effective. The definitions listed in this section apply beginning with the 1992 model year. (a) Proven emission control systems are emission control components or systems (and fuel metering systems) that have completed full durability testing evaluation over a vehicle's useful life in some other certified engine family, or have completed bench or road testing demonstrated to be equal or more severe than certification mileage accumulation requirements. Alternatively, proven components or systems are those that are determined by EPA to be of comparable functional quality and manufactured using comparable materials and production techniques as components or systems which have been durability demonstrated in some other certified engine family. In addition, the components or systems must be employed in an operating environment (e.g., temperature, exhaust flow, etc.,) similar to that experienced by the original or comparable components or systems in the original certified engine family. (b) Unproven emission control systems are emission control components or systems (and fuel metering systems) that do not qualify as proven emission control systems. (c) Similar systems are engine, fuel metering and emission control system combinations which use the same fuel (e.g., gasoline, diesel, etc.), combustion cycle (i.e., two or four stroke), general type of fuel system (i.e., carburetor or fuel injection), catalyst system (e.g., none, oxidization, three-way plus oxidization, three-way only, etc.), fuel control system (i.e., feedback or non-feedback), secondary air system (i.e., equipped or not equipped) and EGR (i.e., equipped or not equipped). (d) Conveniently available service facility and spare parts for small-volume manufacturers means that the vehicle manufacturer has a qualified service facility at or near the authorized point of sale or delivery of its vehicles and maintains an inventory of all emission-related spare parts or has made arrangements for the part manufacturer… | |||
| 40:40:22.0.1.1.2.1.1.56 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.093-2 Definitions. | EPA | [58 FR 15795, Mar. 24, 1993] | The definitions of § 86.092-2 continue to apply. The definitions listed in this section apply beginning with the 1993 model year. Bus means a heavy heavy-duty diesel-powered passenger-carrying vehicle with a load capacity of fifteen or more passengers that is centrally fueled, and all urban buses. This definition only applies in the context of §§ 86.093-11 and 86.093-35. Centrally fueled bus means a bus that is refueled at least 75 percent of the time at one refueling facility that is owned, operated, or controlled by the bus operator. Urban bus means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of fifteen or more passengers and intended primarily for intracity operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry-on luggage. The useful life for urban buses is the same as the useful life for other heavy heavy-duty diesel engines. | |||
| 40:40:22.0.1.1.2.1.1.57 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-2 Definitions. | EPA | [56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58 FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR 40496, Aug. 9, 1995] | The definitions of § 86.093-2 remain effective. The definitions listed in this section are effective beginning with the 1994 model year. Adjusted Loaded Vehicle Weight means the numerical average of vehicle curb weight and GVWR. Bi-directional control means the capability of a diagnostic tool to send messages on the data bus that temporarily overrides the module's control over a sensor or actuator and gives control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations. Data stream information means information (i.e., messages and parameters) originated within the vehicle by a module or intelligent sensors (i.e., a sensor that contains and is controlled by its own module) and transmitted between a network of modules and/or intelligent sensors connected in parallel with either one or two communication wires. The information is broadcast over the communication wires for use by other modules (e.g., chassis, transmission, etc.) to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration related information. Defeat device means an auxilary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless: (1) Such conditions are substantially included in the Federal emission test procedure; (2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident; or (3) The AECD does not go beyond the requirements of engine starting. Durability useful life means the highest useful life mileage out of the set of all useful life mileages that apply to a given vehicle. The durability useful life determines the duration of service accumulation on a durability data vehicle. The determination of durability useful life shall reflect any alternative useful life mileages approved by the Administrator under § 86.094… | |||
| 40:40:22.0.1.1.2.1.1.58 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-3 Abbreviations. | EPA | [56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995] | (a) The abbreviations in § 86.090-3 remain effective. The abbreviations in this section apply beginning with the 1994 model year. (b) The abbreviations in this section apply to this subpart, and also to subparts B, E, F, H, M, N and P of this part, and have the following meanings: ALVW—Adjusted Loaded Vehicle Weight LPG—Liquefied Petroleum Gas NMHC—Nonmethane Hydrocarbons NMHCE—Non-Methane Hydrocarbon Equivalent PM—Particulate Matter THC—Total Hydrocarbons ALVW—Adjusted Loaded Vehicle Weight LPG—Liquefied Petroleum Gas NMHC—Nonmethane Hydrocarbons NMHCE—Non-Methane Hydrocarbon Equivalent PM—Particulate Matter THC—Total Hydrocarbons | |||
| 40:40:22.0.1.1.2.1.1.59 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-7 Maintenance of records; submittal of information; right of entry. | EPA | [56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 75 FR 22978, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) Introductory text through (a)(2) [Reserved] (a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained. (b)-(c)(2) [Reserved] (c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained. (c)(4)-(d)(1)(v) [Reserved] (d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located. (2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed: (i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment; (ii) To inspect and make copies of any such records, designs, or other documents, including those record… | |||
| 40:40:22.0.1.1.2.1.1.6 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-21 Application for certification. | EPA | [61 FR 54886, Oct. 22, 1996] | Section 86.001-21 includes text that specifies requirements that differ from § 86.094-21 or § 86.096-21. Where a paragraph in § 86.094-21 or § 86.096-21 is identical and applicable to § 86.001-21, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.094-21.” or “[Reserved]. For guidance see § 86.096-21.” (a)-(b)(1)(i)(B) [Reserved]. For guidance see § 86.094-21. (b)(1)(i)(C) The manufacturer must submit a Statement of Compliance in the application for certification which attests to the fact that they have assured themselves that the engine family is designed to comply with the intermediate temperature cold testing criteria of subpart C of this part, and does not unnecessarily reduce emission control effectiveness of vehicles operating at high altitude or other conditions not experienced within the US06 (aggressive driving) and SC03 (air conditioning) test cycles. (b)(1)(i)(C)( 1 )-(b)(1)(ii)(C) [Reserved]. For guidance see § 86.094-21. (b)(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles (or engines) for which certification is requested, and data sufficient to determine projected compliance with the standards implementation schedules of § 86.000-8 and 86.000-9. Volume projected to be produced for U.S. sale may be used in lieu of projected U.S. sales. (b)(3) A description of the test equipment and fuel proposed to be used. (b)(4)(i) For light-duty vehicles and light-duty trucks, a description of the test procedures to be used to establish the evaporative emission and/or refueling emission deterioration factors, as appropriate, required to be determined and supplied in § 86.001-23(b)(2). (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see § 86.094-21. (b)(5)(v) For light-duty vehicles and applicable light-duty trucks with non-integrated refueling emission control systems, the number of continuous UDDS cycles, determined from the fuel economy on the UDDS applicable to the te… | |||
| 40:40:22.0.1.1.2.1.1.60 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-14 Small-volume manufacturer certification procedures. | EPA | [81 FR 73976, Oct. 25, 2016] | (a)(1) The small-volume manufacturer certification procedures described in paragraphs (b) and (c) of this section are optional. Small-volume manufacturers may use these optional procedures to demonstrate compliance with the general standards and specific emission requirements contained in this subpart. (2) To satisfy the durability data requirements of the small-volume manufacturer certification procedures, manufacturers of vehicles (or engines) as described in paragraph (b) of this section may use assigned deterioration factors that the Administrator determines by methods described in paragraph (c)(3)(ii) of this section. However, if no deterioration factor data (either the manufacturer's or industry-wide deterioration factor data) are available from previously completed durability data vehicles or engines used for certification, manufacturers of vehicles (or engines) as described in paragraph (b) of this section or with new technology not previously certified may use assigned deterioration factors that the Administrator determines by alternative methods, based on good engineering judgment. The factors that the Administrator determines by alternative methods will be published in an advisory letter or advisory circular. (b)(1) The optional small-volume manufacturer certification procedures apply to heavy-duty vehicles, and heavy-duty engines produced by manufacturers with U.S. sales, including all vehicles and engines imported under the provisions of §§ 85.1505 and 85.1509 of this chapter (for the model year in which certification is sought) of fewer than 10,000 units (Light-Duty Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines combined). (2) For the purpose of determining the applicability of paragraph (b)(1) of this section, the sales the Administrator shall use shall be the aggregate of the projected or actual sales of those vehicles and/or engines in any of these groupings: (i) Vehicles and/or engines produced by two or more firms, one of which is 10 percent or greater part owned by… | |||
| 40:40:22.0.1.1.2.1.1.61 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-21 Application for certification. | EPA | [58 FR 4009, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993, 60 FR 34335, June 30, 1995; 63 FR 70694, Dec. 22, 1998; 75 FR 22978, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) A separate application for a certificate of conformity shall be made for each set of standards (or family emission limits, as appropriate) and each class of new motor vehicles or new motor vehicle engines. Such application shall be made to the Administrator by the manufacturer and shall be updated and corrected by amendment. (b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following: (1)(i) Identification and description of the vehicles (or engines) covered by the application and a description of their engine (vehicles only), emission control system, and fuel system components. This description will include: (A) A detailed description of each Auxiliary Emission Control Device (AECD) to be installed in or on any vehicle (or engine) covered by the application; (B) A detailed justification of each AECD (described in (b)(1)(i)(A) of this section) which results in a reduction in effectiveness of the emission control system. Such a justification may be disapproved by consideration of currently available technology, whereupon the application for certification may be disapproved under § 86.094-22(b) for the incorporation of a defeat device; (ii)(A) The manufacturer shall provide to the Administrator in the application for certification: ( 1 ) A list of those parameters which are physically capable of being adjusted (including those adjustable parameters for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions; ( 2 ) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable range; ( 3 ) A description of the limits or stops used to establish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment; ( 4 ) The nominal or recommended setting, and the as… | |||
| 40:40:22.0.1.1.2.1.1.62 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-22 Approval of application for certification; test fleet selections; determinations of parameters subject to adjustment for certification and Selective Enforcement Audit, adequacy of limits, and physically adjustable ranges. | EPA | [48 FR 4010, Jan. 12, 1993, as amended at 75 FR 22978, Apr. 30, 2010] | (a) After a review of the application for certification and any other information which the Administrator may require, the Administrator may approve the application and select a test fleet in accordance with § 86.094-24. (b) Disapproval of application. (1) The Administrator may disapprove in whole or in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed mileage (or service) accumulation procedures, test equipment, or fuel; or incorporation of defeat devices in vehicles (or on engines) described by the application. (2) The issuance of a certificate of conformity does not exempt the covered vehicles from further evaluation or testing for defeat device purposes as described in § 86.094-16. (c) Where any part of an application is rejected, the Administrator shall notify the manufacturer in writing and set forth the reasons for such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determinations, and data in support of such objections. If, after the review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with § 86.078-6 with respect to such issue. (d) Approval of test procedures. (1) [Reserved] (2) Light-duty trucks using the Standard Self-Approval durability Program and heavy-duty engines only. The Administrator does not approve the test procedures for establishing exhaust emission deterioration factors for light-duty trucks using the Standard Self-Approval Durability Program described in § 86.094-13(f) nor for heavy-duty engines. The manufacturer shall submit these procedures and determinations as required in § 86.094-21(b)(5)(i) prior to determining t… | |||
| 40:40:22.0.1.1.2.1.1.63 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.094-25 Maintenance. | EPA | [58 FR 4018, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993; 79 FR 23691, Apr. 28, 2014; 81 FR 73978, Oct. 25, 2016] | (a) [Reserved] (b) This section specifies emission-related scheduled maintenance for purposes of obtaining durability data and for inclusion in maintenance instructions furnished to purchasers of new motor vehicles and new motor vehicles engines under § 86.087-38. (1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same mileage intervals (or equivalent intervals if engines, subsystems, or components are used) that will be specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the motor vehicle or engine under § 86.094-35. This maintenance schedule may be updated as necessary throughout the testing of the vehicle/engine, provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test vehicle or engine. (2) Any emission-related maintenance which is performed on vehicles, engines, subsystems, or components must be technologically necessary to assure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to purchasers under § 86.010-38. (3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy duty engines, emission-related maintenance in addition to, or at shorter intervals than, that listed in paragraphs (b)(3) (i) through (vii) of this section will not be accepted as technologically necessary, except as provided in paragraph (b)(7) of this section. (i)(A) [Reserved] (B) The cleaning or replacement of Otto-cycle heavy duty engine spark plugs shall occur at 25,000 miles (or 750 hours) of use and at 25,000-mile (or 750-hour) intervals thereafter, for engines certified for use with unleaded fuel only. (ii) [Reserved] (4)-(6) [R… | |||
| 40:40:22.0.1.1.2.1.1.64 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.095-35 Labeling. | EPA | [56 FR 25755, June 5, 1991, as amended at 81 FR 73978, Oct. 25, 2016] | (a) The manufacturer of any motor vehicle (or motor vehicle engine) subject to the applicable emission standards (and family emission limits, as appropriate) of this subpart, shall, at the time of manufacture, affix a permanent legible label, of the type and in the manner described below, containing the information hereinafter provided, to all production models of such vehicles (or engines) available for sale to the public and covered by a Certificate of Conformity under § 86.007-30(a). (1)-(2) [Reserved] (3) Heavy-duty engines. (i) A permanent legible label shall be affixed to the engine in a position in which it will be readily visible after installation in the vehicle. (ii) The label shall be attached to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. (iii) The label shall contain the following information lettered in the English language in block letters and numerals which shall be of a color that contrasts with the background of the label: (A) The label heading: “Important Engine Information.”; (B) The full corporate name and trademark of the manufacturer; though the label may identify another company and use its trademark instead of the manufacturer's as long as the manufacturer complies with the branding provisions of 40 CFR 1068.45. (C) Engine displacement (in cubic inches or liters) and engine family and model designations; (D) Date of engine manufacture (month and year). The manufacturer may, in lieu of including the date of manufacture on the engine label, maintain a record of the engine manufacture dates. The manufacturer shall provide the date of manufacture records to the Administrator upon request; (E) Engine specifications and adjustments as recommended by the manufacturer. These specifications should indicate the proper transmission position during tune-up and what accessories (e.g., air conditioner), if any, should be in operation; (F) For Otto-cycle engines the label should include the idle speed, ignition timing, and t… | |||
| 40:40:22.0.1.1.2.1.1.65 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-2 Definitions. | EPA | [58 FR 16020, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993] | The definitions listed in this section apply beginning with the 1996 model year. The definitions of § 86.094-2 continue to apply to 1996 and later model year vehicles. Certification Short Test means the test, for gasoline-fueled Otto-cycle light-duty vehicles and light-duty trucks, performed in accordance with the procedures contained in 40 CFR part 86 subpart O. Diurnal breathing losses means diurnal emissions. Diurnal emissions means evaporative emissions resulting from the daily cycling of ambient temperatures. Hot soak emissions means evaporative emissions after termination of engine operation. Hot-soak losses means hot soak emissions. Resting losses means evaporative emissions that may occur continuously, that are not diurnal emissions, hot soak emissions, running losses, or spitback emissions. Running losses means evaporative emissions that occur during vehicle operation. Spitback emissions means evaporative emissions resulting from the loss of liquid fuel that is emitted from a vehicle during a fueling operation. Useful life means: (1) For light-duty vehicles, and for light light-duty trucks not subject to the Tier 0 standards of § 86.094-9(a), intermediate useful life and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 10 years or 100,000 miles, whichever occurs first, except as otherwise noted in § 86.094-9. The useful life of evaporative emission control systems on the portion of these vehicles subject to the evaporative emission test requirements of § 86.130-96 is defined as a period of use of 10 years or 100,000 miles, whichever occurs first. (2) For light light-duty trucks subject to the Tier 0 standards of § 86.094-9(a), and for heavy light-duty truck engine families, intermediate and/or full useful life. Intermediate useful life is a period of use of 5 years or 50,000 miles, whichever occurs first. Full useful life is a period of use of 11 years or 120,000 miles, whichever… | |||
| 40:40:22.0.1.1.2.1.1.66 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-3 Abbreviations. | EPA | [58 FR 58417, Nov. 1, 1993] | (a) The abbreviations in § 86.094-3 continue to apply. The abbreviation in this section applies beginning with the 1996 model year. (b) The abbreviation in this section applies to this subpart and to subpart O of this part, and has the following meaning: CST—Certification Short Test CST—Certification Short Test | |||
| 40:40:22.0.1.1.2.1.1.67 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.096-24 Test vehicles and engines. | EPA | [58 FR 58417, Nov. 1, 1993, as amended at 75 FR 22979, Apr. 30, 2010; 79 FR 23691, Apr. 28, 2014] | (a) General. This paragraph applies to the grouping of vehicles or engines into families. (1) The vehicles or engines covered by an application for certification will be divided into groupings of engines which are expected to have similar emission characteristics throughout their useful life. Each group of engines with similar emission characteristics is defined as a separate engine family. (2) To be classed in the same engine family, engines must be identical in all the respects listed in paragraphs (a)(2) (i) through (x) of this section. (i) The cylinder bore center-to-center dimensions. (ii)-(iii) [Reserved] (iv) The cylinder block configuration (air-cooled or water-cooled: L-6, 90 deg., V-8, and so forth). (v) The location of the intake and exhaust valves (or ports). (vi) The method of air aspiration. (vii) The combustion cycle. (viii) Catalytic converter characteristics. (ix) Thermal reactor characteristics. (x) Type of air inlet cooler (for example, intercoolers and after-coolers) for diesel heavy-duty engines. (3)(i) Engines identical in all the respects listed in paragraph (a)(2) of this section may be further divided into different engine families if the Administrator determines that they may be expected to have different emission characteristics. This determination will be based upon a consideration of the features of each engine listed in paragraphs (a)(3)(i) (A) through (G) of this section. (A) The bore and stroke. (B) The surface-to-volume ratio of the nominally dimensioned cylinder at the top dead center positions. (C) The intake manifold induction port sizes and configuration. (D) The exhaust manifold port size and configuration. (E) The intake and exhaust valve sizes. (F) The fuel system. (G) The camshaft timing and ignition or injection timing characteristics. (ii) Light-duty trucks and heavy-duty engines produced in different model years and distinguishable in the respects listed in paragraph (a)(2) of this section are treated as belonging to a single engine family if the A… | |||
| 40:40:22.0.1.1.2.1.1.68 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-2 Definitions. | EPA | [59 FR 16288, Apr. 6, 1994, as amended at 59 FR 48501, Sept. 21, 1994] | The definitions of § 86.096-2 continue to apply to 1996 and later model year vehicles. The definitions listed in this section apply beginning with the 1998 model year. Dispensed fuel temperature means the temperature (deg.F or deg.C may be used) of the fuel being dispensed into the tank of the test vehicle during a refueling test. Evaporative/refueling emission control system means a unique combination within an evaporative/refueling family of canister adsorptive material, purge system configuration, purge strategy, and other parameters determined by the Administrator to affect evaporative and refueling emission control system durability or deterioration factors. Evaporative/refueling emission family means the basic classification unit of a manufacturers' product line used for the purpose of evaporative and refueling emissions test fleet selection and determined in accordance with § 86.098-24. Fixed liquid level gauge means a type of liquid level gauge used on liquefied petroleum gas-fueled vehicles which uses a relatively small positive shutoff valve and is designed to indicate when the liquid level in the fuel tank being filled reaches the proper fill level. The venting of fuel vapor and/or liquid fuel to the atmosphere during the refueling event is generally associated with the use of the fixed liquid level gauge. Integrated refueling emission control system means a system where vapors resulting from refueling are stored in a common vapor storage unit(s) with other evaporative emissions of the vehicle and are purged through a common purge system. Non-integrated refueling emission control system means a system where fuel vapors from refueling are stored in a vapor storage unit assigned solely to the function of storing refueling vapors. Refueling emissions means evaporative emissions that emanate from a motor vehicle fuel tank(s) during a refueling operation. Refueling emissions canister(s) means any vapor storage unit(s) that is exposed to the vapors generated during refueling. Resting losses … | |||
| 40:40:22.0.1.1.2.1.1.69 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-3 Abbreviations. | EPA | [62 FR 54716, Oct. 21, 1997] | (a) The abbreviations in § 86.096-3 continue to apply. The abbreviations in this section apply beginning with the 1998 model year. (b) The abbreviations of this section apply to this subpart, and also to subparts B, E, F, G, K, M, N, and P of this part, and have the following meanings: T D —Dispensed fuel temperature ABT—Averaging, banking, and trading HDE—Heavy-duty engine T D —Dispensed fuel temperature ABT—Averaging, banking, and trading HDE—Heavy-duty engine | |||
| 40:40:22.0.1.1.2.1.1.7 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.001-23 Required data. | EPA | [61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997; 79 FR 23687, Apr. 28, 2014] | Section 86.001-23 includes text that specifies requirements that differ from § 86.098-23. Where a paragraph in § 86.098-23 is identical and applicable to § 86.001-23, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.098-23.” (a)-(b)(1) [Reserved]. For guidance see § 86.098-23. (b)(2) For light-duty vehicles and light-duty trucks, the manufacturer shall submit evaporative emission and/or refueling emission deterioration factors for each evaporative/refueling emission family-emission control system combination and all test data that are derived from testing described under § 86.001-21(b)(4)(i) designed and conducted in accordance with good engineering practice to assure that the vehicles covered by a certificate issued under § 86.001-30 will meet the evaporative and/or refueling emission standards in § 86.099-8 or § 86.001-9, as appropriate, for the useful life of the vehicle. (b)(3) and (b)(4) [Reserved]. For guidance see § 86.098-23. (c) Emission data (1) [Reserved] (c)(2)-(e)(1) [Reserved]. For guidance see § 86.098-23. (e)(2) For evaporative and refueling emissions durability, or light-duty truck or HDE exhaust emissions durability, a statement of compliance with paragraph (b)(2) of this section or § 86.098-23 (b)(1)(ii), (b)(3), or (b)(4) as applicable. (3) For certification of vehicles with non-integrated refueling systems, a statement that the drivedown used to purge the refueling canister was the same as described in the manufacturer's application for certification. Furthermore, a description of the procedures used to determine the number of equivalent UDDS miles required to purge the refueling canisters, as determined by the provisions of § 86.001-21(b)(5)(v) and subpart B of this part. Furthermore, a written statement to the Administrator that all data, analyses, test procedures, evaluations and other documents, on which the above statement is based, are available to the Administrator upon request. (f)-(g) [Reserved] (h)-(m) [R… | |||
| 40:40:22.0.1.1.2.1.1.70 | 40 | Protection of Environment | I | C | 86 | PART 86—CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES | A | Subpart A—General Provisions for Heavy-Duty Engines and Heavy-Duty Vehicles | § 86.098-10 Emission standards for 1998 and later model year Otto-cycle heavy-duty engines and vehicles. | EPA | [58 FR 15800, Mar. 24, 1993, as amended at 59 FR 48501, Sept. 21, 1994; 62 FR 54716, Oct. 21, 1997; 65 FR 59955, Oct. 6, 2000; 75 FR 22979, Apr. 30, 2010] | Section 86.098-10 includes text that specifies requirements that differ from § 86.096-10. Where a paragraph in § 86.096-10 is identical and applicable to § 86.098-10, this may be indicated by specifying the corresponding paragraph and the statement “[Reserved]. For guidance see § 86.096-10.” (a)(1) Except as provided for 2003 and 2004 model years in §§ 86.005-10(f) and 86.1816-05, exhaust emissions from new 1998 and later model year Otto-cycle heavy-duty engines shall not exceed: (i) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas, and intended for use in all vehicles except as provided in paragraph (a)(3) of this paragraph. (A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per megajoule), as measured under transient operating conditions. (B) Carbon monoxide. ( 1 ) 14.4 grams per brake horsepower-hour (5.36 grams per megajoule), as measured under transient operating conditions. ( 2 ) For Otto-cycle heavy-duty engines fueled with either gasoline or liquefied petroleum gas and utilizing aftertreatment technology: 0.50 percent of exhaust gas flow at curb idle. (C) Oxides of nitrogen ( 1 ) 4.0 grams per brake horsepower-hour (1.49 grams per megajoule), as measured under transient operating conditions. ( 2 ) A manufacturer may elect to include any or all of its gasoline-fueled Otto-cycle HDE families in any or all of the NO X or NO X plus NMHC ABT programs for HDEs, within the restrictions described in § 86.098-15 as applicable. If the manufacturer elects to include engine families in any of these programs, the NO X FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). This ceiling value applies whether credits for the family are derived from averaging, trading or banking programs. ( 3 ) A manufacturer may elect to include any or all of its liquified petroleum gas-fueled Otto-cycle HDE families in any or all of the NO X or NO X plus NMHC ABT programs for HDEs, within the restrictions described in § 86.098-15 as … |
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