enable the Administrator to identify those vehicles or engines which are covered by a certificate of conformity. § 85.6

Production vehicles and engines.

(a) Any manufacturer obtaining certification under this part shall supply to the Administrator, upon his request, a reasonable number of production vehicles or engines selected by the Administrator which are representative of the engines, emission control systems, fuel systems, and transmissions offered and typical of production models available for sale under the certificate. These vehicles or engines shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. Engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.

(b) Any manufacturer obtaining certification under this part shall notify the Administrator, on a quarterly basis, of the number of vehicles of each engine family engine displacement - exhaust emission control system-fuel systemtransmission type-inertia weight class combination or the number of engines of each engine family-engine displacementexhaust emission control system-fuel system combination produced for sale in the United States during the preceding quarter. A manufacturer may elect to provide this information every 60 days instead of quarterly, to combine it with the notification required under § 85.5.

(c) All light duty vehicles covered by a certificate of conformity under § 85.55 (a) shall be adjusted by the manufacturer to the ignition timing specification detailed in § 85.4 (a) (4) (iv).

§ 85.7

Emission control system operation during test.

All emission control systems installed on or incorporated in a new motor vehicle or new motor vehicle engine shall be functioning during all test procedures in this part.

§ 85.8 Special test procedures.

The Administrator may, on the basis of a written application therefor by a manufacturer, prescribe test procedures, other than those set forth in this part, for any motor vehicle or motor vehicle engine which he determines is not susceptible to satisfactory testing by the procedures set forth herein.

§ 85.9

Maintenance of records; submittal of information; right of entry.

(a) The manufacturer of any new motor vehicle or new motor vehicle engine subject to any of the standards prescribed in this part shall establish and maintain the following adequately organized and indexed records:

(1) Identification and description of all vehicles or engines for which testing is required under this part.

(2) A description of all emission control systems which are installed on or incorporated in each vehicle or engine.

(3) A description of the procedures used to test such vehicles or engines.

(4) Test data on each emission data vehicle or engine which will show its emissions at 0 and 4,000 miles or 0 and 125 hours, respectively.

(5) Test data on each durability vehicle or engine which will show the performance of the systems installed on or incorporated in the vehicle or engine during extended mileage or operation, as well as a record of all pertinent maintenance performed on the vehicle or engine.

(b) The manufacturer of any new motor vehicle or new motor vehicle engine subject to any of the standards prescribed in this part shall submit to the Administrator at the time of issuance by the manufacturer copies of all instructions or explanations regarding the use, repair, adjustment, maintenance, or testing of such vehicle or engine relevant to the control of crankcase, exhaust, or evaporative emissions, issued by the manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers: Provided, That any material not translated into the English language need not be submitted unless specifically requested by the Administrator.

(c) The manufacturer of any new motor vehicle or new motor vehicle engine subject to any of the standards prescribed in this part shall permit officers or employees duly designated by the Administrator, upon presenting appropriate credentials and a written notice to the manufacturer:

(1) To enter, at reasonable times, any premises used during the certification procedure for purposes of monitoring tests and mileage accumulation proce

dures, observing maintenance procedures, and verifying correlation or calibration of test equipment, or

(2) To inspect, at reasonable times, records, files, and papers compiled by such manufacturer in accordance with paragraph (a) of this section.

A separate notice shall be given for each such inspection, but a separate notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness.

Subpart B-Crankcase Emissions (Gasoline Fueled Vehicles and Engines)

§ 85.10 Applicability.

The provisions of this subpart are applicable to all new gasoline fueled light duty vehicles, except motorcycles, and heavy duty engines beginning with the 1972 model year for such vehicles and engines. § 85.11

sions.

Standards 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 Test procedures.

Every manufacturer of new motor vehicles or new motor vehicle engines subject to the standard prescribed in this subpart shall, prior to taking any of the actions specified in section 203 (a) (1) of the Act, test or cause to be tested motor vehicles or motor vehicle engines in accordance with good engineering practice to ascertain that such test vehicles or engines, with proper maintenance, will meet the requirements of § 85.11 for the useful life of the vehicle or engine.

If, pursuant to § 85.55 (a) the Administrator issues a certificate of conformity for the class or classes of motor vehicles or motor vehicle engines, represented by such test vehicles or engines, any new motor vehicle or motor vehicle engine which is in all material respects of substantially the same construction as such test vehicle or engine shall be deemed to be in conformity with the requirement of § 85.11.

(a) Exhaust emissions from 1975 model year vehicles shall not exceed: (1) Hydrocarbons-0.41 gram per vehicle mile.

(2) Carbon monoxide-3.4 grams per vehicle mile.

(3) Oxides of nitrogen-3.0 grams per vehicle mile.

(b) Exhaust emissions from 1976 and later model year vehicles shall not exceed:

(1) Hydrocarbons-0.41 gram per vehicle mile.

(2) Carbon monoxide-3.4 grams per vehicle mile.

(3) Oxides of nitrogen-0.4 gram per vehicle mile.

(c) The standards set forth in paragraphs (a) and (b) of this section refer to the exhaust emitted over a driving schedule as set forth in the applicable sections of "Test Procedures for Vehicle Exhaust and Fuel Evaporative Emissions (Gasoline Fueled Light Duty Vehicles)" of this part and measured and calculated in accordance with those procedures. § 85.22 Standard for fuel evaporative

emissions.

(a) Fuel evaporative emissions from vehicles beginning with the 1972 model year shall not exceed:

(1) Hydrocarbons-2 grams per test. (b) The standard set forth in paragraph (a) of this section refers to a composite sample of the fuel evaporative emissions collected under the conditions set forth in the "Test Procedures for Vehicle Exhaust and Fuel Evaporative Emissions (Gasoline Fueled Light Duty Vehicles)" of this part and measured in accordance with those procedures. § 85.23 Test procedures.

Every manufacturer of new motor vehicles subject to the standards prescribed

in this subpart shall, prior to taking any of the actions specified in section 203 (a)(1) of the Act, test or cause to be tested motor vehicles in accordance with test procedures in Subpart H of this part to ascertain that such test vehicles meet the requirements of §§ 85.21 and 85.22, as applicable. If, pursuant to § 85.55(a), the Administrator issues a certificate of conformity for the class or classes of vehicles represented by such test vehicles, any new motor vehicle which is in all material respects of substantially the same construction as such test vehicles shall be deemed to be in conformity with the requirements of §§ 85.21 and 85.22, as applicable.

Subpart D-Exhaust Emissions (Gasoline Fueled Heavy Duty Engines) § 85.30

Applicability.

The provisions of this subpart are applicable to new gasoline fueled heavy duty engines beginning with the 1972 model year. § 85.31 sions.

Standards for exhaust emis

(a) Exhaust emissions from new gasoline fueled heavy duty engines shall not exceed:

(1) Hydrocarbons-275 p.p.m. (2) Carbon monoxide-1.5 percent by volume.

(b) The standards set forth in paragraph (a) of this section refer to a composite sample representing the operating cycles set forth in the applicable sections of "Test Procedures for Engine Exhaust Emissions (Gasoline Fueled Heavy Duty Engines)" of this part and measured in accordance with those procedures.

§ 85.32 Test procedures.

Every manufacturer of new motor vehicle engines subject to the standards prescribed in this subpart shall, prior to taking any of the actions specified in section 203 (a) (1) of the Act, test or cause to be tested motor vehicle engines in accordance with test procedures prescribed in Subpart I of this part to ascertain that such test engines meet the requirements of § 85.31. If, pursuant to § 85.55 (a), the Administrator issues a certificate of conformity for the class or classes of motor vehicle engines represented by such test engines, any new motor vehicle engine which is in all material respects of substantially the same

The provisions of this subpart are applicable to new heavy duty diesel engines beginning with the 1972 model year.

§ 85.41 Standards for exhaust smoke.

(a) The opacity of smoke emissions from new diesel engines subject to this subpart shall not exceed:

(1) 40 percent during the engine acceleration mode.

(2) 20 percent during the engine lugging mode.

(b) The standards set forth in paragraph (a) of this section refer to exhaust smoke emissions generated under the conditions set forth in the "Test Procedures for Engine Exhaust Emissions (Heavy Duty Diesel Engines)" of this part and measured and calculated in accordance with those procedures. § 85.42 Test procedures.

Every manufacturer of new motor vehicle engines subject to the standards prescribed in this subpart shall, prior to taking any of the actions specified in section 203 (a) (1) of the Act, test or cause to be tested motor vehicle engines in accordance with test procedures prescribed in Subpart J of this part, to ascertain that such test engines meet the requirements of § 85.41. If, pursuant to § 85.55(a), the Administrator issues a certificate of conformity for the class or classes of motor vehicle engines represented by such test engines, any motor vehicle engine which is in all material respects of substantially the same construction as such test engines shall be deemed to be in conformity with the requirements of § 85.41.

Subpart F-Certification of Motor Vehicles and Motor Vehicle Engines § 85.50

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. As used in this subpart, the term "vehicle" and "test vehicle" shall include engines and test engines, respectively.

§ 85.51 Application for certification.

(a) An application for a certificate of conformity to the regulations applicable to any new motor vehicle shall be made to the Administrator by the 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 covered by the application and a description of their emission control systems.

(2) Projected U.S. sales data sufficient to enable the Administrator to select a test fleet representative of the vehicles for which certification is requested.

(3) A description of the test equipment and fuel proposed to be used.

(4) A description of the proposed mileage accumulation procedure for durability testing.

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

(6) At the option of the manufacturer, the proposed composition of the emission data and durability data test fleet.

§ 85.52 Approval of procedure and equipment; test fleet selections.

Based upon the information provided in the application for certification, and any other information the Administrator may require, the Administrator will approve or disapprove in whole or in part the mileage accumulation procedure and equipment and fuel proposed by the manufacturer, and notify him in writing of such determination. Where any part of a proposal is disapproved, such notification will specify the reasons for disapproval. The Administrator will select a test fleet in accordance with § 85.89, § 85.110, or § 85.30, as appropriate.

§ 85.53 Required data.

The manufacturer shall perform the tests required by the applicable test procedures, and submit to the Administrator the following information:

(a) Durability data on such vehicles tested in accordance with the applicable test procedures of this part, and in such

numbers as therein specified, which will show the performance of the systems installed on or incorporated in the vehicle for extended mileage or operation, as well as a record of all pertinent maintenance performed on the test vehicles.

(b) Emission data on such vehicles tested in accordance with the applicable emission test procedures of this part and in such numbers as therein specified, which will show their emissions after 0 miles or 0 hours, and 4,000 miles or 125 hours of operation (as appropriate).

(c) A description of tests performed to ascertain compliance with the general standards in § 85.3 and the data derived from such tests.

(d) A statement that the test vehicles with respect to which data are submitted have been tested in accordance with the applicable test procedures, that they meet the requirement 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 tested, the vehicle shall be identified, and all pertinent test data relating thereto shall be supplied.

§ 85.54 Testing by the Administrator.

(a) The Administrator may require that any one or more of the test vehicles be submitted to him, at such place or places as he may designate, for the purpose of conducting emissions tests. The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator shall be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufacturer as promptly as possible.

(b) (1) Whenever the Administrator conducts a test on a test vehicle, the results of that test shall comprise the official data for the vehicle at that prescribed test point.

(2) Whenever the Administrator does not conduct a test on a test vehicle at a test point, the manufacturer's test date will be accepted as the official data for that test point: Provided, That if the Administrator makes a determination based on testing under paragraph (a) of this section, that there is a lack of correlation between the manufacturer's test equipment and the test equipment used

by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer.

(3) If the Administrator determines that the test data developed under paragraph (a) of this section would cause a vehicle to fail due to excessive 4,000-mile or 125-hour emissions or excessive deterioration, then the following procedure shall be observed:

(i) The manufacturer may request a retest. Before the retest, the vehicle may be adjusted to manufacturer's specifications, and parts may be replaced in accordance with § 85.90, § 85.111, § 85.131, as appropriate. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe.

or

(ii) The vehicle will be retested by the Administrator and the results of this test shall comprise the official data for that prescribed test point.

(4) If sufficient durability data is not available, at the time of any emission test conducted under paragraph (a) of this section, to enable the Administrator to determine whether a test vehicle would fail, the manufacturer may request a retest in accordance with the provisions of subparagraph (3) (i) and (ii) of this paragraph. If the manufacturer does not promptly make such request, he shall be deemed to have waived the right to a retest. A request for retest must be made before the manufacturer removes the vehicle from the test premises.

(a) (1) If, after a review of the test reports and data submitted by the manufacturer and data derived from any additional testing conducted pursuant to § 85.54, the Administrator determines that a test vehicle(s) conforms to the regulations of this part, he will issue a certificate of conformity with respect to such vehicle(s).

(2) Such certificate will be issued for such period not less than 1 year as the Administrator may determine and upon such terms as he may deem necessary to assure that any new motor vehicle covered by the certificate will meet the requirements of these regulations relating to durability and performance.

(b) (1) The Administrator will determine whether a vehicle covered by the application complies with applicable

standards by observing the following relationships:

(i) A test vehicle selected under § 85.89 (b) (2) or (4), § 85.110 (b) (2) or (4), or § 85.130 (b) (2), as appropriate, shall represent all vehicles in the same engine family of the same engine displacement-exhaust emission control system-evaporative emission control system combination.

(ii) A test vehicle selected under § 85.89 (b) (3) or § 85.110(b) (3) as appropriate, shall represent all vehicles in the same engine family of the same engine displacement-exhaust emission control system-transmission type-fuel system combination.

(iii) A test vehicle selected under § 85.89 (c) (1), § 85.110 (c) (1), or § 85.130 (c)(1), as appropriate, shall represent all vehicles of the same engine-system combination.

(2) The Administrator will proceed as in paragraph (a) of this section with respect to the vehicles belonging to an engine family all of which comply with applicable standards.

(3) If, after a review of the test reports and data submitted by the manufacturer and data derived from any additional testing conducted pursuant to § 85.54, the Administrator determines that one or more test vehicles of the certification test fleet do not meet applicable standards, he will notify the manufacturer in writing, setting forth the basis for his determination. Within 30 days following receipt of the notification, the manufacturer may request a hearing on the Administrator's determination. The request shall be in writing, signed by an authorized representative of the manufacturer and shall include a statement specifying the manufacturer's objections to the Administrator's determination, and data in support of such objections. If, after a review of the request and supporting data, the Administrator finds that the request raises a substantial factual issue, he shall provide the manufacturer a hearing in accordance with subpart G with respect to such issue.

(4) The manufacturer may, at his option, proceed with any of the following alternatives with respect to any engine family represented by a test vehicle(s) determined not in compliance with applicable standards:

(i) Request a hearing under subpart G, or

(ii) Delete from the application for certification the vehicles represented by