than proper communications by parties or amici curiae. § 81.113 Ex parte communications. Only persons employed by or assigned Ito work with the reviewing authority who . perform no investigative or prosecuting function in connection with a proceeding 1. shall communicate ex parte with the reviewing authority, or the presiding officer, 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 pros=ecuting 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. § 81.116 Filing of ex parte communications. 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 L-Posttermination § 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. tion, 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 POLLUTION FROM NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES 85.200 Applicability. 85.201 85.202 85.203 85.204 Determination of conformity of new motor vehicles and new motor vehicle engines not covered by certification. Admission of new motor vehicles and new motor vehicle engines covered by certification or determination of conformity. Admission of new motor vehicles and new motor vehicle engines not covered by certification or determination of conformity at the time of entry. Notice to Customs officials. Appendix A: AMA Test Route-Detroit, Mich., and vicinity (average speed 32 m.p.h.). 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 (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 Service, Department of Health, Education, and Welfare. (e) "Exhaust emission" means substances emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine. (f) "Model year" means the annual production period of new motor vehicles or new motor vehicle engines designated by the calendar year in which such period ends, provided that if the manufacturer does not so designate vehicles and engines manufactured by him, then the model year with respect to such vehicles and engines shall mean the 12-month period beginning January 1 of the year specified herein. (g) "System or device" includes any motor vehicle engine modification which controls or causes the reduction of substances emitted from motor vehicles or motor vehicle engines. (h) "Lifetime emissions" means the average level of exhaust emissions from a new motor vehicle engine equivalent to 100,000 miles of normal operation of a motor vehicle in an urban area. § 85.2 General standards: increase in emissions; unsafe conditions. (a) In addition to all other standards or requirements imposed by this part, any system or device installed on or incorporated in a new motor vehicle or new motor vehicle engine to prevent or control air pollution therefrom in compliance with regulations in this part: (1) Shall not in its operation or function cause the emission into the ambient air of any noxious or toxic matter that is not emitted in the operation of such motor vehicle or motor vehicle engine without such system or device, except as specifically permitted by regulations; and (2) Shall not in its operation or function, or malfunction, result in any unsafe condition endangering the motor vehicle, or its occupants, or persons or property in close proximity to the vehicle. (b) The manufacturer of any new motor vehicle or new motor vehicle engine on or in which a system or device is installed or incorporated to comply with the regulations in this part shall, prior to any of the actions specified in section 203(a)(1) of the Act, test, or cause to be tested, such motor vehicle or engine in accordance with good engineering practice to ascertain that vehicles or engines so equipped I will meet the requirements of this section for not less than 50,000 miles as measured in accordance with mileage accumulation provisions of the Test Procedures for Vehicle Exhaust Emissions (Gasoline Engines) of this part. § 85.3 Abbreviations. The abbreviations used in this part have the following meanings in both capital and lower case: The provisions of this subpart are applicable (a) to new motorcycles and new motorcycle engines beginning with the model year 1969 for such vehicles or engines and (b) to all other gasoline powered new motor vehicles and new motor vehicle engines beginning with the model year 1968 for such vehicles or engines. As used in this subpart, the term "motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels (including any tricycle wheel arrangement) in contact with the ground and weighing less than 1,500 pounds. [32 F.R. 12851, Sept. 9, 1967] § 85.11 sions. Standard for crankcase emis No crankcase emissions shall be discharged into the ambient atmosphere from any new motor vehicle or new motor vehicle engine subject to this subpart. $ 85.12 Standards for crankcase emission control systems and devices. The manufacturer of any new motor vehicle or new motor vehicle engine on or in which a system or device is installed or incorporated to comply with the requirements of § 85.11 shall, prior to any of the actions specified in section 203(a)(1) of the Act, test, or cause to be tested, such motor vehicle or engine, in accordance with good engineering practice to ascertain that vehicles or engines so equipped and maintained in accordance with the manufacturer's recommendations can be expected to meet the requirements of § 85.11 for not less than 1 year after sale and delivery to the ultimate purchaser. Subpart-Exhaust Emissions § 85.20 Applicability. (a) The provisions of this subpart are applicable to all gasoline powered new motor vehicles and new motor vehicle engines beginning with the model year 1968 for such vehicles or engines except (1) motorcycles and motorcycle engines; (2) commercial vehicles over one-half ton or equivalent and engines installed in such vehicles; i.e., vehicles whose design capacity is in excess of one-half ton or equivalent; and (3) motor vehicles with an engine displacement of less than 50 cubic inches. (b) As used in this section: a (1) "Commercial vehicle" means vehicle designed primarily for the transportation of persons for hire or for the transportation of property. (2) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels (including any tricycle wheel arrangement) in contact with the ground and weighing less than 1,500 pounds. § 85.21 Standards for exhaust emissions. (a) Exhaust emissions from new motor vehicles and new motor vehicle engines subject to this subpart shall not exceed: (1) Vehicles with an engine displacement of 50 cubic inches or more but not in excess of 100 cubic inches: ment in excess of 100 cubic inches but not more than 140 cubic inches: (i) Hydrocarbons-350 parts per million. (ii) Carbon monoxide-2.0 percent by volume. (3) Vehicles with an engine displacement in excess of 140 cubic inches: (1) Hydrocarbons-275 parts per million. (ii) Carbon monoxide-1.5 percent by volume. (b) The standard set forth in paragraph (a) of this section refers to a composite sample representing the driving cycles set forth in the Test Procedure for Vehicle Exhaust Emissions (Gasoline Engines) of this part and measured in accordance with those procedures. § 85.22 Standards for exhaust emission control systems and devices. The manufacturer of any new motor vehicle or new motor vehicle engine on or in which a system or device is incorporated or installed to comply with the requirements of § 85.21 shall, prior to any of the actions specified in section 203 (a)(1) of the Act, test or cause to be tested such motor vehicle or engine in accordance with the Test Procedure for Vehicle Exhaust Emissions (Gasoline Engines) of this part to ascertain that the lifetime emissions of motor vehicles or engines so equipped, as measured and calculated in accordance with those procedures, and tested for durability as therein set forth, will meet the requirements of § 85.21. Subpart-Certification of Motor Vehicles and Motor Vehicle Engines § 85.60 Applicability. The provisions of this subpart are applicable to new motor vehicles and new motor vehicle engines subject to the standards prescribed in this part. § 85.61 Application for certification. (a) An application for a certificate of conformity to regulations applicable to any new motor vehicle, new motor vehicle engine, or new motor vehicle engine-transmission combination may be made to the Secretary by any manufacturer. (b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following: (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 86-096-68-9 operations. Any testing conducted at a manufacturer's facility pursuant to this subparagraph will be scheduled as 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. (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 § 85.63 (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 |