You may ask us to apply a higher in-use FEL for certain in-use engines, subject to the provisions of this section. Note that Sec. 1036.225 contains provisions related to changing FELs during a model year.
(a) Purpose. This section is intended to address circumstances in which it is in the public interest to apply a higher in-use FEL based on forfeiting an appropriate number of emission credits.
(b) FELs. When applying higher in-use FELs to your engines, we would intend to accurately reflect the actual in-use performance of your engines, consistent with the specified testing provisions of this part.
(c) Equivalent families. We may apply the higher FELs to other families in other model years if they used equivalent emission controls.
(d) Credit forfeiture. Where we specify higher in-use FELs under this section, you must forfeit CO2 emission credits based on the difference between the in-use FEL and the otherwise applicable FEL. Calculate the amount of credits to be forfeited using the applicable equation in Sec. 1036.705, by substituting the otherwise applicable FEL for the standard and the in-use FEL for the otherwise applicable FEL.
(e) Requests. Submit your request to the Designated Compliance Officer. Include the following in your request:
(1) The engine family name and model year of the engines affected.
(2) A list of other engine families/model years that may be affected.
(3) The otherwise applicable FEL for the engine families along with your recommendations for higher in-use FELs.
(4) Your source of credits for forfeiture.
(f) Relation to recall. You may not request higher in-use FELs for any engine families for which we have made a determination of nonconformance and ordered a recall. You may, however, make such requests for engine families for which you are performing a voluntary emission recall.
(g) Approval. We may approve your request if we determine that you meet the requirements of this section and such approval is in the public interest. We may include appropriate conditions with our approval or we may approve your request with modifications.