(a) If you produce freshly manufactured marine engines that are subject to the requirements of this part, you must test them as described in this subpart.

(b) We may suspend or revoke your certificate of conformity for certain engine families if your production-line engines do not meet the requirements of this part or you do not fulfill your obligations under this subpart (see §§ 1042.325 and 1042.340). Similarly, we may deny applications for certification for the upcoming model year if you do not fulfill your obligations under this subpart (see § 1042.255(c)(1)).

(c) Other regulatory provisions authorize us to suspend, revoke, or void your certificate of conformity, or order recalls for engine families, without regard to whether they have passed production-line testing requirements. The requirements of this subpart do not affect our ability to do selective enforcement audits, as described in 40 CFR part 1068. Individual engines in families that pass production-line testing requirements must also conform to all applicable regulations of this part and 40 CFR part 1068.

(d) You may ask to use another alternate program or measurement method for testing production-line engines. In your request, you must show us that the alternate program gives equal assurance that your engines meet the requirements of this part. We may waive some or all of this subpart's requirements if we approve your alternate program.

(e) If you certify a Category 1 or Category 2 engine family with carryover emission data, as described in § 1042.235(d), you may omit production-line testing if you fulfilled your testing requirements with a related engine family in an earlier year, except as follows:

(1) We may require that you perform additional production-line testing under this subpart in any model year for cause, such as if you file a defect report related to the engine family or if you amend your application for certification in any of the following ways:

(i) You designate a different supplier or change technical specifications for any critical emission-related components.

(ii) You add a new or modified engine configuration such that the test data from the original emission-data engine do not clearly continue to serve as worst-case testing for certification.

(iii) You change your family emission limit without submitting new emission data.

(2) If you certify an engine family with carryover emission data with no production-line testing for more than five model years, we may require that you perform production-line testing again for one of those later model years unless you demonstrate that none of the circumstances identified in paragraph (e)(1) of this section apply for the engine family.

(f) We may ask you to make a reasonable number of production-line engines available for a reasonable time so we can test or inspect them for compliance with the requirements of this part. For Category 3 engines, you are not required to deliver engines to us, but we may inspect and test your engines at any facility at which they are assembled or installed in vessels.

[88 FR 4661, Jan. 24, 2023]