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han proper communications by parties or amici curiae. | 81.113 Ex parte communications.

Only persons employed by or assigned o work with the reviewing authority who perform no investigative or prosecuting unction in connection with a proceeding shall communicate ex parte with the reviewing authority, or the presiding offcer, or any employee or person involved in the decisional process in such proceedings with respect to the merits of that or a factually related proceeding. The reviewing authority, the presiding officer, or any employee or person involved in the decisional process of a proceeding shall communicate ex parte with respect to the merits of that or a factually related proceeding only with persons employed by or assigned to work with them and who perform no investigative or prosecuting function in connection with the proceeding. $ 81.114 Expeditious treatment.

Requests for expeditious treatment of matters pending before the responsible Department official or the presiding officer are deemed communications on the merits, and are improper except when forwarded from parties to a proceeding and served upon all other parties thereto. Such communications should be in the form of a motion, $ 81.115 Matters not prohibited.

A request for information which merely inquires about the status of a proceeding without discussing issues or expressing points of view is not deemed an ex parte communication. Such requests should be directed to the Civil Rights hearing clerk. Communications with respect to minor procedural matters or inquiries or emergency requests for extensions of time are not deemed ex parte communications prohibited by $ 81.113. Where feasible, however, such communications should be by letter with copies to all parties. Ex parte communications between a respondent and the responsible Department official or the Secretary with respect to securing such respondent's voluntary compliance with any requirement of Part 80 of this title are not prohibited. 8 81.116 Filing of ex parte communica

tions. A prohibited communication in writing received by the Secretary, the reviewing authority, or by the presiding

officer, shall be made public by placing it in the correspondence file of the docket in the case and will not be considered as part of the record for decision. If the prohibited communication is received orally, a memorandum setting forth its substance shall be made and filed in the correspondence section of the docket in the case. A person referred to in such memorandum may file a comment for inclusion in the docket if he considers the memorandum to be incorrect. Subpart 1-Posttermination

Proceedings $ 81.121 Posttermination proceedings.

(a) An applicant or recipient adversely affected by the order terminating, discontinuing, or refusing Federal financial assistance in consequence of proceedings pursuant to this title may request the responsible Department official for an order authorizing payment, or permitting resumption, of Federal financial assistance. Such request shall be in writing and shall affirmatively show that since entry of the order, it has brought its program or activity into compliance with the requirements of the Act, and with the Regulation thereunder, and shall set forth specifically, and in detail, the steps which it has taken to achieve such compliance. If the responsible Department official denies such request the applicant or recipient shall be given an expeditious hearing if it so requests in writing and specifies why it believes the responsible Department official to have been in error. The request for such a hearing shall be addressed to the responsible Department official and shall be made within 30 days after the applicant or recipient is informed that the responsible Department official has refused to authorize payment or permit resumption of Federal financial assistance.

(b) In the event that a hearing shall be requested pursuant to subparagraph (a) of this section, the hearing procedures established by this part shall be applicable to the proceedings, except as otherwise provided in this section.

Subpart M—Definitions 8 81.131 Definitions.

The definitions contained in $ 80.13 of this subtitle apply to this part, unless the context otherwise requires, and the term reviewing authority” as used herein includes the Secretary of Health. Education, and Welfare, with respect to action by that official under $ 81.106.

Transition provisions: (a) The amendments herein shall become effective upon publication in the FEDERAL REGISTER.

(b) These rules shall apply to any proceeding or part thereof to which Part 80 of this title as amended effective October 19, 1967 (published in the FEDERAL REGISTER for Oct. 19, 1967), and as the same may be hereafter amended, applies. In the case of any proceeding or part thereof governed by the provisions of Part 80 as that part existed prior to such amendment, the rules in this Part 81 shall apply as if these amendments were not in effect.

PART 85_CONTROL OF AIR POLLU

TION FROM NEW MOTOR VE-
HICLES AND NEW MOTOR VE-
HICLE ENGINES

Subpart--General Provisions Sec. 85.1 Definitions. 85.2 General standards: increase in emis

sions; unsafe conditions. 85.3 Abbreviations.

Subpart-Crankcase Emissions 85.10 Applicability. 85.11 Standards for crankcase emissions. 85.12 Standards for crankcase emission con

trol systems and devices.

Subpart-Exhaust Emissions 85.20 Applicability. 85.21 Standards for exhaust emissions. 85.22 Standards for exhaust emission con

trol systems and devices.
Subpart-Certification of Motor Vehicles and

Motor Vehicle Engines
85.60 Applicability.
85.61 Application for certification,
85.62 Certification.

Subpart—Hearings on Certification 85.63 Hearing. 85.64 Hearing file. 85.65 Representation. 85.66 Prehearing conference. 85.67 Conduct of hearings. 85.68 Findings, recommendations, and de

cision.
Subpart-Test Procedure for Vehicle Exhaust

Emissions (Gasoline Engines)
85.70 Introduction.
85.71 Fuel specifications.
85.72 Dynamometer operation cycle.
85.73 Dynamometer procedure.
85.74 Three-speed manual transmissions.
85.75 Four-speed manual transmissions.
85.76 Automatic transmissions.

Sec. 85.77 Engine starting. 85.78 Sampling and analytical system. 85.79 Information to be recorded on charts. 85.80 Calibration and instrument checks. 85.81 Cold start test run. 85.82 Chart reading. 85.83 Calculations. 85.84 Test vehicles. 85.85 Test conditions. 85.86 Mileage accumulation and emission

measurements. 85.87 Compliance with emission standards. Subpart-Importation of New Motor Vehicles or

New Motor Vehicle Engines 85.200 Applicability. 85.201 Determination of conformity of new

motor vehicles and new motor vehicle engines not covered by

certification. 85.202 Admission of new motor vehicles

and new motor vehicle engines covered by certification or determi

nation of conformity. 85.203 Admission of new motor vehicles and

new motor vehicle engines not covered by certification or determination of conformity at the time

of entry. 85.204 Notice to Customs officials.

Appendix A: AMA Test Route Detroit, Mich., and vicinity (average speed 32 m.p.b.).

Appendix B: Modified AMA city driving schedule.

AUTHORITY: The provisions of this Part 85 issued under sec. 1, 77 Stat. 400, secs. 202, 203, 206, 207, 79 Stat. 992; 42 U.S.C. 1857g (a), 3251, 3252, 3255, 3256, unless otherwise noted.

SOURCE: The provisions of this Part 85 appear at 31 F.R. 5170, Mar. 30, 1966, unless otherwise noted.

Subpart-General Provisions § 85.1 Definitions,

(a) As used in this part, all terms not defined herein shall have the meaning given them in the Act.

(b) "Act” means the Motor Vehicle Air Pollution Control Act (Title II of the Clean Air Act as added by Public Law 89-272), 42 U.S.C. 1857, et seq.

(c) "Secretary” means the Secretary of Health, Education, and Welfare.

(d) “Surgeon General” means the Surgeon General of the Public Health Serv. ice. Department of Health, Education. and Welfare.

(e) “Exhaust emission” mear stances emitted to the atmosp

om opening downstream from the exhaust port of a motor vehicle

Model year” means the annual

otion period of new motor vehicles pro or new motor vehicle engines

19

an On

vehicle engines designated

by the calendar year in which such pe- AMA-Automoblie Manufacturers Associariod ends, provided that if the manufac

tion. turer does not so designate vehicles and

Accel-Acceleration.

CO-Carbon Monoxide. engines manufactured by him, then the

CO, Carbon Dioxide. model year with respect to such vehicles

Conc-Concentration. and engines shall mean the 12-month Decel-Deceleration. period beginning January 1 of the year EP-End Point. specified herein.

Evap-Evaporated. (g) "System or device" includes any F-Fahrenheit. motor vehicle engine modification which

Gal-Gallon(s).

HC-Hydrocarbon (s). controls or causes the reduction of sub

Hi-High. stances emitted from motor vehicles or HP-Horsepower. motor vehicle engines.

ID_Internal Diameter. (h) "Lifetime emissions" means the Lb-Pound(s). average level of exhaust emissions from Max-Maximum. a new motor vehicle engine equivalent

Min-Minimum; also minute(s). to 100,000 miles of normal operation of a

M1-Millilitre(s).

MPH-Miles per hour. motor vehicle in an urban area.

Mm-Millimeter(s). 8 85.2 General standards: increase in MvMillivolt(s). emissions; unsafe conditions.

N -Nitrogen.

NONumber. (a) In addition to all other standards

Ppm-Parts per million (parts by volume). or requirements imposed by this part,

Psi-Pounds per square inch. any system or device installed on or in Psig-Pounds per square inch gauge. corporated in a new motor vehicle or new RPM-Revolutions per minute. motor vehicle engine to prevent or con RVP-Reid Vapor Pressure. trol air pollution therefrom in compli Sec-Second(s). ance with regulations in this part:

SS-Stainless Steel.

TEL-Tetraethyl Lead. (1) Shall not in its operation or func

TML-Tetramethyl Lead. tion cause the emission into the am

V-Volt(s). bient air of any noxious or toxic matter Vs-Versus. that is not emitted in the operation of WOT-Wide open throttle. such motor vehicle or motor vehicle Wt-Weight. engine without such system or device,

--Feet.

"-Inches. except as specifically permitted by reg

°-Degree(s). ulations; and

M-Percent. (2) Shall not in its operation or function, or malfunction, result in any unsafe Subpart-Crankcase Emissions condition endangering the motor vehicle,

$ 85.10 Applicability. or its occupants, or persons or property in close proximity to the vehicle.

The provisions of this subpart are ap(b) The manufacturer of any new plicable (a) to new motorcycles and new motor vehicle or new motor vehicle motorcycle engines beginning with the engine on or in which a system or model year 1969 for such vehicles or device is installed or incorporated to engines and (b) to all other gasoline comply with the regulations in this powered new motor vehicles and new part shall, prior to any of the actions motor vehicle engines beginning with the specified in section 203(a) (1) of the model year 1968 for such vehicles or Act, test, or cause to be tested, such engines. As used in this subpart, the term motor vehicle or engine in accordance "motorcycle" means any motor vehicle with good engineering practice to ascer having a seat or saddle for the use of the tain that vehicles or engines so equipped

rider and designed to travel on not more will meet the requirements of this sec

than three wheels (including any tricycle tion for not less than 50,000 miles as

wheel arrangement) in contact with the measured in accordance with mileage

ground and weighing less than 1,500 accumulation provisions of the Test Procedures for Vehicle Exhaust Emis

pounds. sions (Gasoline Engines) of this part.

132 F.R. 12851, Sept. 9, 1967] $ 85.3 Abbreviations.

$ 85.11 Standard for crankcase emisThe abbreviations used in this part

sions. have the following meanings in both cap- No crankcase emissions shall be disital and lower case:

charged into the ambient atmosphere from any new motor vehicle or new mo- ment in excess of 100 cubic inches but tor vehicle engine subject to this subpart. not more than 140 cubic inches: $ 85.12 Standards for crankcase emis.

(i) Hydrocarbons-350 parts per milsion control systems and devices.

lion.

(ii) Carbon monoxide—2.0 percent by The manufacturer of any new motor

volume. vehicle or new motor vehicle engine on

(3) Vehicles with an engine displaceor in which a system or device is in

ment in excess of 140 cubic inches: stalled or incorporated to comply with

(1) Hydrocarbons—275 parts per the requirements of $ 85.11 shall, prior

million. to any of the actions specified in section

(ii) Carbon monoxide-1.5 percent by 203(a) (1) of the Act, test, or cause to

volume. be tested, such motor vehicle or engine, (b) The standard set forth in parain accordance with good engineering

graph (a) of this section refers to a practice to ascertain that vehicles or

composite sample representing the drivengines so equipped and maintained in

ing cycles set forth in the Test Proceaccordance with the manufacturer's rec

dure for Vehicle Exhaust Emissions ommendations can be expected to meet

(Gasoline Engines) of this part and the requirements of $ 85.11 for not less

measured in accordance with those prothan 1 year after sale and delivery to

cedures. the ultimate purchaser.

$ 85.22 Standards for exhaust emission Subpart-Exhaust Emissions

control systems and devices. $ 85.20 Applicability.

The manufacturer of any new motor (a) The provisions of this subpart are

vehicle or new motor vehicle engine on applicable to all gasoline powered new

or in which a system or device is incormotor vehicles and new motor vehicle

porated or installed to comply with the engines beginning with the model year

requirements of $ 85.21 shall, prior to 1968 for such vehicles or engines except

any of the actions specified in section (1) motorcycles and motorcycle engines;

203(a) (1) of the Act, test or cause to (2) commercial vehicles over one-half

be tested such motor vehicle or engine ton or equivalent and engines installed

in accordance with the Test Procedure in such vehicles; i.e., vehicles whose de

for Vehicle Exhaust Emissions (Gasoline sign capacity is in excess of one-half

Engines) of this part to ascertain that ton or equivalent; and (3) motor vehicles

the lifetime emissions of motor vehicles with an engine displacement of less than

or engines so equipped, as measured and 50 cubic inches.

calculated in accordance with those pro(b) As used in this section:

cedures, and tested for durability as (1) “Commercial vehicle" means a

therein set forth, will meet the requirevehicle designed primarily for the trans

ments of $ 85.21. portation of persons for hire or for the Subpart-Certification of Motor Vetransportation of property.

hicles and Motor Vehicle Engines (2) “Motorcycle" means any motor vehicle having a seat or saddle for the use § 85.60 Applicability. of the rider and designed to travel on not The provisions of this subpart are apmore than three wheels (including any

plicable to new motor vehicles and new tricycle wheel arrangement) in contact motor vehicle

motor vehicle engines subject to the with the ground and weighing less than

standards prescribed in this part. 1,500 pounds.

$ 85.61 Application for certification. $ 85.21 Standards for exhaust emissions.

(a) An application for a certificate of (a) Exhaust emissions from new motor

conformity to regulations applicable to vehicles and new motor vehicle engines

any new motor vehicle, new motor vesubject to this subpart shall not exceed:

hicle engine, or new motor vehicle (1) Vehicles with an engine displace

engine-transmission combination may be ment of 50 cubic inches or more but not

made to the Secretary by any manuin excess of 100 cubic inches:

facturer. (i) Hydrocarbons-410 parts per

(b) The application shall be in writing. million.

signed by an authorized representative (ii) Carbon monoxide-2.3 percent by

of the manufacturer, and shall include volume. (2) Vehicles with an engine displace- the following:

as

(1) Identification and description of the vehicles and engines with respect to which certification is requested.

(2) Durability data on such vehicles and engines tested in accordance with applicable test procedures in Test Procedure for Exhaust Emissions (Gasoline Engines) of this part, or demonstrably equivalent procedures, and in such numbers as there specified, which will show the performance of the system or device installed on or incorporated in the vehicle or engine for extended mileage, as well as a record of all pertinent maintenance performed on the test vehicles.

(3) Emission data on such vehicles and engines tested in accordance with the applicable exhaust emission test procedures, or demonstrably equivalent procedures, and in such numbers as there specified, which will show the low mileage performance on all the engines for which certification is requested.

(4) A description of tests performed to ascertain compliance with the general standards of $ 85.2 and the data derived from such tests.

(5) A statement of recommended maintenance and procedures necessary to assure that the vehicle and engine in operation conform to the regulations, a description of the program for training of personnel for such maintenance, and the equipment required.

(6) A statement that the vehicles and engines with respect to which data are submitted have been tested in accordance with the applicable test procedures, that they meet the requirements of such tests, and that, on the basis of such tests, they conform to the requirements of the regulations in this part. If such statements cannot be made with respect to any vehicle or engine tested, the vehicle or engine shall be identified, and all pertinent test data relating thereto shall be supplied.

(7) An agreement that, upon the Surgeon General's request made not later than 1 month after the submission of the application pursuant to this section, any one or more of the test vehicles or engines will be supplied to the Surgeon General at such place or places in the United States as he may designate for such testing as he may require, or will be made available at the manufacturer's facility for such testing: Provided, That in the latter case, it is further agreed that instrumentation and equipment specified by the Surgeon General will be made available for test

operations. Any testing conducted at a manufacturer's facility pursuant to this subparagraph will be scheduled promptly as possible subject to the availability of personnel and funds for such purpose.

(8) An agreement that a reasonable number of vehicles which are representative of the engines and transmissions offered and typical of production models available for sale to the public, covered under section 206(b) of the Act by a certificate of conformity issued with respect to such vehicles or their engines, and selected from time to time by the Surgeon General, will be supplied to him, after availability for public sale, for testing for such reasonable periods as he may require. $ 85.62 Certification.

(a) If, after a review of the test reports and data submitted by the manufacturer and data derived from such additional testing as the Surgeon General, may conduct, the Secretary determines that a new motor vehicle or new motor vehicle engine conforms to the regulations of this part, he will issue a certificate of conformity with respect to such vehicle or engine.

(b) Such certificate will be issued for such period not less than 1 model year as the Secretary may determine and upon such terms as he may deem necessary to assure that any new motor vehicle or new motor vehicle engine meeting the requirements of section 206(b) of the Act will meet the requirements of these regulations relating to durability and performance.

Subpart—Hearings on Certification 8 85.63 Hearing.

(a) If, after a review of the test reports and data submitted by the manufacturer and data derived from such additional testing as the Surgeon General may conduct, the Secretary has reason to believe that any new motor vehicle, new motor vehicle engine, or new motor vehicle engine-transmission combination, covered by an application for certification filed pursuant to $ 85.61, does not conform with the regulations of this part or that any certificate with respect thereto should be made on terms, as specified in $ 85.62(b), he will prior to the denial of a certificate or the issuance of a certificate on terms not agreed to by the applicant with respect to such

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