40 CFR 1042.310
§ 1042.310 Engine selection for Category 1 and Category 2 engines.
United States · 40 CFR — Protection of Environment · Status: effective
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- Citation
- 40 CFR 1042.310, § 1042.310 Engine selection for Category 1 and Category 2 engines, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/195191
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Full text
(a) For Category 1 and Category 2 engine families, the minimum sample size is one engine. You may ask us to approve treating commercial and recreational engines as being from the same engine family for purposes of production-line testing if you certify them using the same emission-data engine.
(b) Select engines for testing as follows:
(1) For Category 1 engines, randomly select one engine within the first 60 days of the start of production for each engine family.
(2) For Category 2 engines, randomly select one engine within 60 days after you produce the fifth engine from an engine family (or from successive families that are related based on your use of carryover data under § 1042.230(d)).
(3) If you do not produce an engine from the engine family in the specified time frame, test the next engine you produce.
(4) Test engines promptly after selecting them. You may preferentially select and test engines earlier than we specify.
(5) You meet the requirement to randomly select engines under this section if you assemble the engine in a way that fully represents your normal production and quality procedures.
(c) For each engine that fails to meet emission standards, select two engines from the same engine family from the next fifteen engines produced or within seven days, whichever is later. If you do not produce fifteen additional engines within 90 days, select two additional engines within 90 days or as soon as practicable. Test engines promptly after selecting them. If an engine fails to meet emission standards for any pollutant, count it as a failing engine under this paragraph (c).
(d) Continue testing until one of the following things happens:
(1) You test the number of engines required under paragraphs (b) and (c) of this section. For example, if the initial engine fails and then two engines pass, testing is complete for that engine family.
(2) The engine family does not comply according to § 1042.315 or you choose to declare that the engine family does not comply with the requirements of this subpart.
(e) You may elect to test more randomly chosen engines than we require under this section.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.