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han proper communications by parties officer, shall be made public by placing ir amici curiae.

it in the correspondence file of the docket

in the case and will not be considered 81.113 Ex parte communications.

as part of the record for decision. If the Only persons employed by or assigned prohibited communication is received o work with the reviewing authority who orally, a memorandum setting forth its perform no investigative or prosecuting substance shall be made and filed in the unction in connection with a proceeding correspondence section of the docket in shall communicate ex parte with the re- the case. A person referred to in such riewing authority, or the presiding ofi- memorandum may file a comment for cer, or any employee or person involved inclusion in the docket if he considers the in the decisional process in such proceed- memorandum to be incorrect. ings with respect to the merits of that or a factually related proceeding. The re

Subpart - Posttermination viewing authority, the presiding officer,

Proceedings or any employee or person involved in the

$ 81.121 Posttermination proceedings. decisional process of a proceeding shall communicate ex parte with respect to

(a) An applicant or recipient adthe merits of that or a factually related versely affected by the order terminating, proceeding only with persons employed discontinuing, or refusing Federal finanby or assigned to work with them and cial assistance in consequence of proceedwho perform no investigative or pros- ings pursuant to this title may request ecuting function in connection with the the responsible Department official for an proceeding.

order authorizing payment, or permitting

resumption, of Federal financial assist$ 81.114 Expeditious treatment.

ance. Such request shall be in writing Requests for expeditious treatment of and shall affirmatively show that since matters pending before the responsible entry of the order, it has brought its Department official or the presiding offi- program or activity into compliance with cer are deemed communications on the the requirements of the Act, and with the merits, and are improper except when Regulation thereunder, and shall set forwarded from parties to a proceeding forth specifically, and in detail, the steps and served upon all other parties thereto. which it has taken to achieve such comSuch communications should be in the pliance. If the responsible Department form of a motion,

official denies such request the applicant $ 81.115 Matters not prohibited.

or recipient shall be given an expeditious

hearing if it so requests in writing and A request for information which mere- specifies why it believes the responsible iy inquires about the status of a pro- Department official to have been in error. ceeding without discussing issues or ex- The request for such a hearing shall be pressing points of view is not deemed an addressed to the responsible Department ex parte communication. Such requests official and shall be made within 30 days should be directed to the Civil Rights after the applicant or recipient is inhearing clerk. Communications with re- formed that the responsible Department spect to minor procedural matters or in- official has refused to authorize payment quiries or emergency requests for ex

or permit resumption of Federal financial tensions of time are not deemed ex parte

assistance. communications prohibited by $ 81.113.

(b) In the event that a hearing shall Where feasible, however, such communications should be by letter with copies to

be requested pursuant to subparagraph all parties. Ex parte communications be

(a) of this section, the hearing procetween a respondent and the responsible

dures established by this part shall be Department official or the Secretary with applicable to the proceedings, except as respect to securing such respondent's otherwise provided in this section. voluntary compliance with any requirement of Part 80 of this title are not pro

Subpart M-Definitions hibited.

$ 81.131 Definitions. $ 81.116 Filing of ex parte communica- The definitions contained in g 80.13 of tions.

this subtitle apply to this part, unless the A prohibited communication in writ- context otherwise requires, and the term ing received by the Secretary, the re- “reviewing authority” as used herein inviewing authority, or by the presiding cludes the Secretary of Health, Education, and Welfare, with respect to action Sec. by that official under $ 81.106.

85.77 Engine starting. Transition provisions: (a) The amend

85.78 Sampling and analytical system.

85.79 ments herein shall become effective upon

Information to be recorded on charts.

85.80 Calibration and instrument checks. publication in the FEDERAL REGISTER.

85.81 Cold start test run. (b) These rules shall apply to any 85.82 Chart reading. proceeding or part thereof to which Part 85.83 Calculations. 80 of this title as amended effective Oc- 85.84 Test vehicles. tober 19, 1967 (published in the FEDERAL 85.85 Test conditions. REGISTER for Oct. 19, 1967), and as the

85.86 Mileage accumulation and emission

measurements. same may be hereafter amended, applies.

85.87 Compliance with emission standards. In the case of any proceeding or part thereof governed by the provisions of Subpart-Importation of New Motor Vehicles or Part 80 as that part existed prior to such

New Motor Vehicle Engines amendment, the rules in this Part 81 85.200 Applicability. shall apply as if these amendments were 85.201 Determination of conformity of new not in effect.

motor vehicles and new motor vehicle engines not covered by

certification. PART 85-CONTROL OF AIR POLLU

85.202 Admission of new motor vehicles TION FROM NEW MOTOR VE

and new motor vehicle engines HICLES AND NEW MOTOR VE

covered by certification or determi

nation of conformity. HICLE ENGINES

85.203 Admission of new motor vehicles and

new motor vehicle engines not Subpart--General Provisions Sec.

covered by certification or determi85.1 Definitions.

nation of conformity at the time 85.2 General standards: increase in emis

of entry.

85.204 Notice to Customs officials. sions; unsafe conditions. 85.3 Abbreviations.

Appendix A: AMA Test Route Detroit,

Mich., and vicinity (average speed 32 m.p.b.). Subpart-Crankcase Emissions

Appendix B: Modified AMA city driving 85.10 Applicability.

schedule. 85.11 Standards for crankcase emissions. 85.12 Standards for crankcase emission con

AUTHORITY: The provisions of this part 85

issued under sec. 1, 77 Stat. 400, secs. 202, trol systems and devices.

203, 206, 207, 79 Stat. 992; 42 U.S.C. 1857g(a), Subpart-Exhaust Emissions

3251, 3252, 3255, 3256, unless otherwise noted. 85.20 Applicability.

SOURCE: The provisions of this Part 85 ap85.21 Standards for exhaust emissions.

pear at 31 F.R. 5170, Mar. 30, 1966, unless 85.22 Standards for exhaust emission con- otherwise noted. trol systems and devices.

Subpart-General Provisions
Subpart-Certification of Motor Vehicles and
Motor Vehicle Engines

$ 85.1 Definitions, 85.60 Applicability.

(a) As used in this part, all terms not 85.61 Application for certification.

defined herein shall have the meaning 85.62 Certification.

given them in the Act. Subpart-Hearings on Certification

(b) "Act" means the Motor Vehicle

Air Pollution Control Act (Title II of the 85.63 Hearing.

Clean Air Act as added by Public Law 85.64 Hearing file.

89-272), 42 U.S.C. 1857, et seq. 85.65 Representation. 85.66 Prehearing conference.

(c) "Secretary” means the Secretary 85.67 Conduct of hearings.

of Health, Education, and Welfare. 85.68 Findings, recommendations, and de- (d) “Surgeon General” means the Surcision.

geon General of the Public Health Sery

ice, Department of Health, Education, Subpart—Test Procedure for Vehicle Exhaust Emissions (Gasoline Engines)

and Welfare.

(e) “Exhaust emission” means sub85.70 Introduction.

stances emitted to the atmosphere from 85.71 Fuel specifications.

any opening downstream from the ex85.72 Dynamometer operation cycle.

haust port of a motor vehicle engine, 85.73 Dynamometer procedure.

(f) "Model year” means the annual 85.74 Three-speed manual transmissions.

production period of new motor vehicles 85.75 Four-speed manual transmissions. 85.76 Automatic transmissions.

or new motor vehicle engines designated

by the calendar year in which such pe- AMA—Automobile 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.

Gal-Gallon(s). motor vehicle engine modification which controls or causes the reduction of sub

HC-Hydrocarbon (s).

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). $ 85.2 General standards: increase in MV—Millivolt(s). emissions; unsafe conditions.

N-Nitrogen.

No-Number. (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).

SS-Stainless Steel. ance with regulations in this part:

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 regulations; and

°-Degree(s).

-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 accumulation provisions of the Test

ground and weighing less than 1,500 Procedures for Vehicle Exhaust Emis

pounds. sions (Gasoline Engines) of this part. (32 F.R. 12851, Sept. 9, 1967) $ 85.3 Abbreviations.

& 85.11 Standard for crankcase emis

sions. The abbreviations used in this part 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

for Vehicle Exhaust Emissions (Gasoline in such vehicles; i.e., vehicles whose design capacity is in excess of one-half

Engines) of this part to ascertain that

the lifetime emissions of motor vehicles ton or equivalent; and (3) 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

therein set forth, will meet the require

ments of $ 85.21. vehicle designed primarily for the transportation 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 engines subject to the with the ground and weighing less than

standards prescribed in this part. 1,500 pounds.

$ 85.6l 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. (1) 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:

a

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

86-096-68-9

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