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the failing test vehicle. (Vehicles so de- accordingly. If the Administrator deterleted may be included in a later request mines that the test vehicle(s) does not for certification under $ 85.57.) The Ad- meet applicable standards, he will proministrator will then select in place of ceed under $ 85.55(b). each failing vehicle an alternate vehicle

§ 85.58 Changes to a vehicle covered chosen in accordance with selection

by certification. criteria employed in selecting the vehicle

(a) The manufacturer shall notify the that failed, or

Administrator of any change in produc(iii) Modify the test vehicle and demonstrate by testing that it meets appli

tion vehicles in respect to any of the cable standards. Another vehicle which

parameters listed in $ 85.89(a) (3),

$ 85.89(b) (3), or $ 85.110(b) (3), givis in all material respects the same as

ing a full description of the change. Such the first vehicle, as modified, shall then be operated and tested in accordance

notification shall be in advance of the with applicable test procedures.

change unless the manufacturer elects

to follow the procedure described in (5) If the manufacturer does not re

§ 85.59. quest a hearing or present the required data under subparagraph (4) of this

(b) Based upon the description of the

change, and data derived from such testparagraph, the Administrator will deny

ing as the Administrator may require or certification.

conduct, the Administrator will deter§ 85.56 Separate certification.

mine whether the vehicle, as modified, Where possible a manufacturer should

would still be covered by the certificate include in a single application for certifi

of conformity then in effect. cation all vehicles for which certification

(c) If the Administrator determines is required. A manufacturer may, how

that the outstanding certificate would ever, choose to apply separately for cer

cover the modified vehicles, he will notify tification of part of his product line. The

the manufacturer in writing. Except as selection of test vehicles and the compu

provided in $ 85.59 the change may not be tation of test results will be determined

put into effect prior to the manufacseparately for each application.

turer's receiving this notification. If the

Administrator determines that the modi§ 85.57 Addition of a vehicle after fied vehicles would not be covered by the certification.

certificate then in effect, then the modi(a) If a manufacturer proposes to add fied vehicles shall be treated as additions to his product line a vehicle of the same to the product line subject to § 85.57. engine-system combination as vehicles S 85.59 Alternative procedure for noti. previously certified but which was not

fication of additions and changes. described in the application for certification when the test vehicle(s) represent

(a) A manufacturer may, in lieu of ing other vehicles of that combination

notifying the Administrator in adyance was certified, he shall notify the Admin

of an addtion of a vehicle under $ 85.57 or istrator. Such notification shall be in ad

a change in a vehicle under § 85.58, novance of the addition unless the manu

tify him concurrently with the making of facturer elects to follow the procedure

the change if the manufacturer believes described in $ 85.59. This notification

the addition or change will not require shall include a full description of the

any testing under the appropriate section. vehicle to be added.

Upon notification to the Administrator, (b) The Administrator may require

the manufacturer may proceed to put the

addition or change into effect. the manufacturer to perform such tests on the test vehicle(s) representing the

(b) The manufacturer may continue vehicle to be added which would have

to produce vehicles as described in the been required if the vehicle had been

notification to the Administrator for a included in the original application for

maximum of 30 days, unless the Admincertification.

istrator grants an extension in writing. (c) If, after a review of the test re

This period may be shortened by a notifi

cation in accordance with paragraph (c) ports and data submitted by the manu

of this section. facturer, and data derived from any test

(c) If the Administrator determines, ing conducted under $ 85.54, the Adminis- based upon a description of the addition trator determines that the test vehicle(s) or change, that no test data will be remeets all applicable standards, the ap- quired, he will notify the manufacturer propriate certificate will be amended in writing of the acceptability of the ad

part.

dition or change. If the Administrator (1) Simplification of the issues; . determines that test data will be required, (2) Stipulations, admissions of fact, he will notify the manufacturer to re and the introduction of documents; scind the change within 5 days of receipt (3) Limitation of the number of exof the notification. The Administrator pert witnesses; will then proceed as in $ 85.57 (b) and (4) Possibility of agreement disposing (c), or $ 85.58 (b) and (c) as appro of all or any of the issues in dispute; priate.

(5) Such other matters as may aid in (d) Election to produce vehicles under the disposition of the hearing, including this section will be deemed to be a con- such additional tests as may be agreed sent to recall all vehicles which the Ad- upon by the parties. ministrator determines under $ 85.57(c) (b) The results of the conference shall do not meet applicable standards, and to be reduced to writing by the Presiding cause such nonconformity to be remedied Officer and made part of the record. at no expense to the owner.

$ 85.64 Conduct of hearings. Subpart G—Hearings on Certification (a) Hearings shall be conducted by 8 85.60 Hearing.

the Presiding Officer in an informal but

orderly and expeditious manner. The (a) After granting a request for a hearing under $ 85.55, the Administrator

parties may offer oral or written evi

dence, subject to the exclusion by the will designate a Presiding Officer for the

Presiding Officer of irrelevant, immahearing.

terial, and repetitious evidence. (b) The General Counsel will repre

(b) Witnesses will not be required to sent the Environmental Protection

testify under oath. However, the PreAgency in any hearing under this sub

siding Officer shall call to the attention

of witnesses that their statements may (c) If a time and place for the hearing

be subject to the provisions of title 18 have not been fixed by the Administrator

U.S.C. 1001 which imposes penalties for under $ 85.55, the hearing shall be held as

knowingly making false statements or soon as practicable at a time and place

representations, or using false documents fixed by the Administrator or by the Pre

in any matter within the jurisdiction of siding Officer.

any department or agency of the United 8 85.61 Hearing file.

States. (a) Upon his appointment pursuant

(c) Any witness may be examined to $ 85.60, the Presiding Officer will

or cross-examined by the Presiding Offiestablish a hearing file. The file shall cer, the parties, or their representatives. consist of the notice issued by the Admin (d) Hearings shall be reported veristrator under $ 85.55, together with any batim. Copies of transcripts of proceedaccompanying material, the request for ings may be purchased by the applicant a hearing and the supporting data sub from the reporter. mitted therewith and all documents re (e) All written statements, charts, lating to the request for certification, tabulations, and similar data offered in including the application for certifica- evidence at the hearing shall, upon a tion and all documents submitted there showing statisfactory to the Presiding with, and correspondence and other data Officer of their authenticity, relevancy, material to the hearing.

and materiality, be received in evidence (b) The appeal file will be available and shall constitute a part of the record. for inspection by the applicant at the (f) Oral argument may be permitted office of the Presiding Officer.

in the discretion of the Presiding Officer $ 85.62 Representation.

and shall be reported as part of the An applicant may appear in person, or

record unless otherwise ordered by him. inay be represented by counsel or by any § 85.65 Initial and final decisions. other duly authorized representative.

(a) The Presiding Officer shall make 8 85.63 Prehearing conference.

an initial decision which shall include (a) The Presiding Officer upon the re

written findings and conclusions and the quest of any party, or in his discretion,

reasons or basis therefor on all the mamay arrange for a prehearing conference terial issues of fact, law or discretion at a time and place specified by him to presented on the record. The findings, consider the following:

conclusions, and written decision shall

be provided to the parties and made a part of the record. The initial decision shall become the decision of the Secretary without further proceedings unless there is an appeal to the Administrator or motion for review by the Administrator within 20 days of the date the initial decision was filed.

(b) On appeal from or review of the initial decision the Administrator shall have all the powers which he would have in making the initial decision including the discretion to require or allow briefs, oral argument, the taking of additional evidence or the remanding to the Presiding Officer for additional proceedings. The decision by the Administrator shall include written findings and conclusions and the reasons or basis therefor on all the material issues of fact, law, or discretion presented on the appeal or considered in the review. Subpart H-Test Procedures for Ve

hicle Exhaust and Fuel Evaporative Emissions (Gasoline Fueled Light

Duty Vehicles) § 85.70 Introduction.

The procedures described in this subpart will be the test program to determine the conformity of gasoline fueled light duty vehicles with the applicable standards set forth in this part.

(a) The test consists of prescribed sequences of fueling, parking, and operating conditions. The exhaust gases generated during vehicle operation are diluted with air and sampled continuously for subsequent analysis of specific components by prescribed analytical techniques. The fuel evaporative emissions are collected for subsequent weighing during both vehicle parking and operating events. The test applies to vehicles equipped with catalytic or directflame afterburners, induction system modifications, or other systems or to uncontrolled vehicles and engines.

(b) The exhaust emission test is designed to determine hydrocarbon, carbon monoxide, and oxides of nitrogen mass emissions while simulating an average trip in an urban area of 7.5 miles. The test consists of engine startups and vehicle operation on a chassis dynamometer through a specified driving schedule, as described in Appendix A to this part. A proportional part of the diluted exhaust emissions is collected continuously, for subsequent analysis, using a constant volume (variable dilution) sampler.

(c) The fuel evaporative emission test is designed to determine fuel hydrocarbon evaporative emissions to the atmosphere as a consequence of urban driving, and diurnal temperature fluctuations during parking. It is associated with a series of events representative of a motor vehicle's operation, which result in fuel vapor losses directly from the fuel tank and carburetor. Activated carbon traps are employed in collecting the vaporized fuel. The test procedure is specifically aimed at coliecting and weighing:

(1) Diurnal breathing losses from the fuel tank and other parts of the fuel system when the fuel tank is subjected to a temperature increase representative of the diurnal range;

(2) Running losses from the fuel tank and carburetor resulting from a simulated trip on a chassis dynamometer; and

(3) Hot soak losses from the fuel tank and carburetor which result when the vehicle is parked and the hot engine is turned off. § 85.71 Gasoline specifications.

(a) Fuel having the following specifications or substantially equivalent specifications approved by the Administrator, shall be used in exhaust and evaporative emission testing. The lead content and octane rating of the fuel shall be in the range recommended by the vehicle or engine manufacturer.

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during the season during which the mileage accumulation takes place.

(c) The specification range of the fuels to be used under paragraph (b) of this section shall be reported in accordance with § 85.51(b) (3). $ 85.72 Vehicle and engine prepara

tion (fuel evaporative emissions). (a) (1) Apply appropriate leak-proof fittings to all fuel system external vents to permit collection of efiuent vapors from these vents during the course of the prescribed tests. Since the prescribed test requires the temporary plugging of the inlet pipe to the air cleaner, it will be necessary to install a probe for collecting the normal effluents from this source. Where antisurge/vent filler caps are employed on the fuel tank, plug off the normal vent if it does not conveniently lend itself to the collection of vapors which emanate from it, and introduce a separate vent, with appropriate fitting, on the cap. Where the fuel tank vent line terminus is inaccessible, sever the line at a convenient point near the fuel tank and install the collection system in a closed circuit assembly with the severed ends. All fittings shall terminate in 5/16-inch ID tube sections for ready connection to the collection systems and shall be designed for minimum dead space.

(2) The design and installation of the necessary fittings shall not disturb the normal function of the fuel system components or the normal pressure relationships in the system.

(b) (1) Inspect the fuel system carefully to insure the absence of any leaks to the atmosphere of either liquid or vapor which might affect the accuracy of the test or the performance of the control system. Corrective action, if any, shall be reported with the test results under $ 85.53.

(2) Care should be exercised, in the application of any pressure tests, neither to purge nor load the evaporative emission control system.

(c) Prepare fuel tank for recording the temperature of the prescribed test fuel at its approximate midvolume.

(d) Provide additional fittings and adapters, as required to accommodate a fuel drain at the lowest point possible in the tank as installed on the vehicle. $ 85.73 Vehicle preconditioning (fuel

evaporative emissions). Vehicle to be tested for compliance with the fuel evaporative emissions standard

of this part shall be preconditioned as follows:

(a) The test vehicle shall be operated under the conditions prescribed for mileage accumulation, $ 85.91, for 1 hour immediately prior to the operations prescribed below.

(b) The fuel tank shall be drained and specified test fuel (85.71(a)) added. The evaporative emission control system or device shall not be abnormally purged or loaded as a result of draining or fueling the tank.

(c) The test vehicle shall be placed on the dynamometer and operated over a simulated trip, according to the applicable requirements and procedures of $$ 85.75–85.80 except that the engine need not be cold when starting the run on the dynamometer and only a single trip of 7.5 miles shall be run. During the run the ambient temperature shall be between 68° F. and 86° F.

(d) The engine and cooling fan shall be stopped upon completion of the dynamometer operation and the vehicle permitted to soak either on or off the dynamometer stand at an ambient temperature between 76° F. and 86° F. for a period of not less than 1 hour prior to the soak period prescribed in $ 85.74 (a) (1). $ 85.74 Evaporative emission collection

procedure. The standard test procedure consists of three parts described below which shall be performed in sequence and without any interruption in the test conditions prescribed.

(a) Diurnal breathing loss test. (1) The test vehicle shall be allowed to “Soak” in an area where the ambient temperature is maintained between 60° F. and 86° F. for a period of not less than 10 hours. (The vehicle preparation requirements of $ 85.72 may be performed during this period.) It shall then be transferred to a soak area where the ambient temperature is maintained between 76° F. and 86° F. Upon admittance to the 76° F-86° F. soak area, the prescribed fuel tank thermocouple shall be connected to the recorder and the fuel and ambient temperatures recorded at a chart speed of approximately 12 inches per hour (or equivalent record).

(2) The fuel tank of the prepared test vehicle, preconditioned according to § 85.73 shall be drained and recharged with the specified test fuel, $ 85.71(a), to the prescribed "tank fuel volume," de

fined in $ 85.1. The temperature of the fuel following the charge to the tank shall be 60° F.+2° F. Care should be exercised against abnormal loading of the evaporative emission control system or device as a result of fueling the tank.

(3) Immediately following the fuel charge to the tank, the exhaust pipe(s) and inlet pipe to the air cleaner shall be plugged and the prescribed vapor collection systems installed on all fuel stystem external vents. Multiple vents may be connected to a single collection trap provided that, where there is more than one external vent on a fuel system distinguishing between carburetor and tank vapors, separate collection systems shall be employed to trap the vapors from the separate sources. Every precaution shall be taken to minimize the lengths of the collection tubing employed and to avoid sharp bends across the entire system.

(4) Artificial means shall be employed to heat the fuel in the tank to 84° F.. +2° F. The prescribed temperature of the fuel shall be achieved over a period of 60 minutes+10 minutes using a constant rate of heat input. After a minimum of 1 hour, following admittance to the 76° F.-86° F. soak area, the vehicle shall be moved onto the dynamometer stand for the subsequent part of the test. The fuel tank thermocouple may be temporarily disconnected to permit moving the test vehicle. Plugs shall be removed from the exhaust pipe(s) and inlet pipe to the air cleaner.

(b) Running loss test. (1) The vehicle shall be placed on the dynamometer and the fuel tank thermocouple reconnected. The fuel temperature and the ambient air temperature shall be recorded at a chart speed of approximately 12 inches per hour (or equivalent record).

(2) Where the only external vent(s) is located in the immediate vicinity of the carburetor air horn, such that any “running loss' emissions would be inducted into the engine, there is no requirement to collect any vapor losses during this part of the test and the vapor-loss measurement system shall be temporarily disconnected and clamped.

(3) The vehicle shall be operated on the dynamometer according to the requirements and procedures of $$ 85.75– 85.85. The engine and fan shall be turned off upon completion of the dynamometer run and the exhaust and air cleaner inlet pipes shall be replugged.

(4) Any vapor collection systems employed during this part of the test shall

be left intact for their continued use during the following part. Any part of the vapor collection system disconnected during this phase of the test shall be reconnected for the following phase.

(c) Hot soak test. Upon completion of the dynamometer run, the test vehicle shall be permitted to soak with hood down for a period of 1 hour at an ambient temperature between 76° F. and 86° F. This operation completes the test. The traps are disconnected and weighed according to § 85.82. § 85.75 Dynamometer driving schedule.

(a) The dynamometer driving schedule to be followed consists of a nonrepetitive series of idle, acceleration, cruise, and deceleration modes of various time sequences and rates. The driving schedule is defined by a smooth transition through the speed vs. time relationships listed in Appendix A. The time sequence begins upon starting the vehicle according to the startup procedure described in $ 85.80.

(b) A speed tolerance of +2 m.p.h. and a time tolerance of +1 second (or an algebraic combination of the two) from either the speed-time relationship prescribed in Appendix A or as printed on a driver's aid chart approved by the A ministrator are acceptable. Speed tolerances greater than 2 m.p.h. (such as occur when shifting manual transmission vehicles) are acceptable provided they occur for less than 2 seconds on any one occasion. Speeds lower than those prevehicle is operated at maximum available power during such occurrences. Further, speed deviations from those prescribed due to stalling are acceptable provided the provisions of $ 85.80(f) are adhered to. § 85.76 Dynamometer procedure.

(a) The dynamometer run consists of two tests, a "cold” start test after a minimum 12-hour soak according to the provisions of $ $ 85.73-85.74, and a “hot” start test with a 10-minute soak between the two tests. Engine startup, operation over the driving schedule, and engine shutdown make a complete cold start test. Engine startup and operation over the first 505 seconds of the driving schedule complete the hot start test. The exhaust emissions are diluted with air to a constant volume and a portion is sampled continuously during each test. The composite samples collected in bags are analyzed for hydrocarbons, carbon

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