Download the Code of Federal Regulations in XML.
The Electronic Code of Federal Regulations (e-CFR) is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Publishing Office.
Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF
Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.
Purchase individual CFR titles from the U.S. Government Online Bookstore.
Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.
Electronic Code of Federal Regulations
Title 40: Protection of Environment
§94.203 Application for certification.
(a) For each engine family that complies with all applicable standards and requirements, the manufacturer shall submit to the Administrator a completed application for a certificate of conformity.
(b) The application shall be approved and signed by the authorized representative of the manufacturer.
(c) The application shall be updated and corrected by amendment, where necessary, as provided for in §94.210 to accurately reflect the manufacturer's production.
(d) Each application shall include all the following information:
(1)(i) A description of the basic engine design, including but not limited to, the engine family specifications, the provisions of which are contained in §94.204.
(ii) A list of distinguishable configurations to be included in the engine family.
(2) An explanation of how the emission control system operates, including detailed descriptions of:
(i) All emission control system components;
(ii) The injection timing map or maps (i.e., degrees before or after top-dead-center), and any functional dependence of such timing on other operational parameters (e.g., engine coolant temperature or engine speed);
(iii) Each auxiliary emission control device (AECD); and
(iv) All fuel system components to be installed on any production or test engine(s).
(3) A description of the test engine.
(4) Special or alternate test procedures, if applicable.
(5) A description of the operating cycle and the period of operation necessary to accumulate service hours on the test engine and stabilize emission levels.
(6) A description of all adjustable operating parameters (e.g., injection timing and fuel rate), including all the following:
(i) The nominal or recommended setting and the associated production tolerances.
(ii) The physically adjustable range (Note: if this is different than the intended adjustable range, describe why these are different).
(iii) The limits or stops used to limit adjustable ranges.
(iv) Production tolerances of the limits or stops used to establish each physically adjustable range.
(v) Information relating to the reason that the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are the most effective means possible of preventing adjustment of parameters to settings outside the manufacturer's specified adjustable ranges on in-use engines.
(7) For families participating in the averaging, banking, and trading program, the information specified in subpart D of this part.
(8) Projected U.S.-directed production volume information for each configuration.
(9) A description of the test equipment and fuel used.
(10) All test data obtained by the manufacturer on each test engine, including CO2 and CH4 as specified in 40 CFR 89.407(d)(1) and §94.103(c) for Category 1 engines, §94.104(e) for Category 2 engines, and §94.109(d) for Category 3 engines. Small-volume manufacturers may omit measurement and reporting of CH4.
(11) The intended useful life period for the engine family, in accordance with §94.9(a).
(12) The intended deterioration factors for the engine family, in accordance with §94.218.
(13) All information required for EPA to interpret all messages and parameters broadcast on an engine's controller area network, including but not limited to message or parameter identification, scaling, limit, offset, and transfer function. (The manufacturer may reference publicly released controller area network standards where applicable. The format of this information shall be provided in a format similar to publicly released documents pertaining to controller area network standards.)
(14) (i) For Category 1 and Category 2 engines, a statement that the all the engines included in the engine family comply with the Not To Exceed standards specified in §94.8(e) when operated under all conditions which may reasonably be expected to be encountered in normal operation and use; the manufacturer also must provide a detailed description of all testing, engineering analyses, and other information which provides the basis for this statement.
(15) An unconditional statement certifying that all engines included in the engine family comply with all requirements of this part and the Clean Air Act.
(16) A statement indicating duty-cycle and application of the engine (e.g., used to propel planing vessels, use to propel vessels with variable-pitch propellers, constant-speed auxiliary, recreational, etc.).
(e) At the Administrator's request, the manufacturer shall supply such additional information as may be required to evaluate the application.
(f)(1) If the manufacturer submits some or all of the information specified in paragraph (d) of this section in advance of its full application for certification, the Administrator shall review the information and make the determinations required in §94.208 (d) within 90 days of the manufacturer's submittal.
(2) The 90-day decision period is exclusive of any elapsed time during which EPA is waiting for additional information requested from a manufacturer regarding an adjustable parameter (the 90-day period resumes upon receipt of the manufacturer's response). For example, if EPA requests additional information 30 days after the manufacturer submits information under paragraph (f)(1) of this section, then the Administrator would make a determination within 60 days of the receipt of the requested information from the manufacturer.
(g)(1) The Administrator may modify the information submission requirements of paragraph (d) of this section, provided that all of the information specified therein is maintained by the manufacturer as required by §94.215, and amended, updated, or corrected as necessary.
(2) For the purposes of this paragraph (g), §94.215 includes all information specified in paragraph (d) of this section, whether or not such information is actually submitted to the Administrator for any particular model year.
(3) 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.
[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68346, Nov. 8, 2002; 68 FR 9785, Feb. 28, 2003; 74 FR 56374, Oct. 30, 2009]