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CHAPTER IV-LOW EMISSION VEHICLE

CERTIFICATION BOARD

Part

400 Procedures for certification of low emission vehicles.

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All terms used herein shall have the meaning given them in the Clean Air Act (42 U.S.C. 1857f-1 et seq.), as amended by Public Law 91-604, and in § 85.320 of this title.

§ 400.2 Application for certification.

(a) Any person desiring certification of a motor vehicle as a low-emission vehicle which will be a suitable substitute for a class or model of motor vehicles in use by agencies of the Federal Government shall file an application with the Administrator of the Environmental Protection Agency in accordance with § 85.322 of this title. In addition to the information required by Subpart S of Part 85 of this title, the application shall contain the data required by § 400.4.

(b) Upon written request by the applicant the Board may waive any require

ment of 400.4 for data or information if it deems that such data is unnecessary, inappropriate, or cannot be obtained by procedures described in § 400.4. Such waiver may be conditioned upon the applicant's agreement to test the motor vehicle under such alternative procedures as the Board specifies.

(c) Upon making a determination that any motor vehicle is a low-emission vehicle pursuant to section 212(c) of the Act, the Administrator will transmit a copy of the application for certification to the Board. The Board shall publish a notice of each application received in the FEDERAL REGISTER as soon as practicable after receipt thereof. The Board shall solicit, receive, and evaluate written comments and documents from interested parties in support of, or in opposition to, certification of the applicant vehicle.

§ 400.3 Requirements for certification.

Any vehicle submitted for certification as a low-emission vehicle shall comply with the Federal Motor Vehicle Safety Standards and regulations (49 CFR Part 571) which will be applicable to that class of vehicle during the anticipated certification period, as defined in § 85.320 of this title, and shall in all other respects be safe to operate and maintain.

§ 400.4 Submission of required data.

Applications for certification shall include data concerning the following factors:

(a) Safety (1) Hazards related to unfamiliarity. These are defined as any

device or design feature which constitute a potential hazard because of its unusual character. In addition to analytical evidence that the danger arising from such features has been mitigated by the application of suitable protective measures, the applicant shall submit familiarization and training materials containing descriptions of these features, protective measures and instructions, and warnings relative to their operation. These materials shall address the potentially hazardous features in terms of:

(1) Driver response to unconventional hardware and performance characteristics;

(i) Protection of persons and property in close proximity to the vehicle; and

(iii) Servicing and procedures.

maintenance

(2) Hazards related to failure mode. Any device or design feature whose failure mode(s) may cause personal injury or property damage constitutes an avoidable potential hazard when such injury or damage would not be caused in the absence of such device or feature. A safety analysis shall be submitted describing any protective measures and fail safe provisions applied to such devices or features. In addition, results of any component failure which necessitates replacements or repair under paragraph (c)(1) of this section must be described.

(b) Performance characteristics. (1) Engine startup time from key-on to self-sustaining idle.

(2) Acceleration from standing start (warm engine) to 60 miles per hour velocity.

(3) Acceleration in merging traffic from 25 miles per hour to 70 miles per hour velocity.

(4) Results of tests under the applicable Department of Transportation high-speed pass maneuver.

(5) Maximum sustained velocity on a 5 percent grade.

(6) Maximum speed capability over a 1-mile course.

(7) Vehicle operating temperature range.

(8) Maximum vehicle range at an average 70 miles per hour velocity without supplementing energy storage.

(9) Predicted vehicle efficiency in terms of miles per unit fuel consumption at vehicle mileage of 0, 20,000, 50,000,

and 100,000 miles when operated over the dynamometer schedules in Part 85 of this title at 20° F., 60° F., and 100° F. and when operated at constant speeds of 15, 35, and 60 miles per hour at the same temperatures.

(10) Vehicle frontal area, drag coefficient, and rolling resistance.

(11) Engine internal displacement, or equivalent.

(12) Engine compression ratio, or equivalent.

(13) Engine brake horse power and torque versus engine revolution per minute.

(14) Minimum turning circle diameter. (15) Accessory power requirements (average and peak).

Performance test conditions are nominally 85° F., 14.6 pounds per square inch absolute, level grade, unless otherwise specified, and a vehicle test weight equal to curb weight plus 300 pounds for lightduty vehicles, and gross vehicle weight for heavy-duty vehicles.

(c) Reliability potential. (1) Raw test data in accordance with §§ 85.322 (b) or 85.324 of this title indicating the types and frequencies of vehicle component failures, covering all vehicle components including power plant, drive train, electrical and structural system. Components replacement and repairs made prior to submission of the application shall also be detailed. All data must include the date, time, and mileage of the replacement or repair. Reduced reliability data in the form of mean time to component failure may be presented at the option of the applicant; however, all raw data used must also be included in the application.

(2) Projected system reliability and reliability goals must also be included: These estimates may be based on reliability histories of similar systems.

(d) Serviceability. (1) Passenger comfort, seating capacity, and heating and cooling performance.

(2) Instrumentation, including any necessary special warning devices.

(3) Controls for vehicle operation. (4) Anticipated useful lifetime of the vehicle and its power plant.

(5) Brake type (drum, disc, etc.). (6) Tire size and type and reserve load capacity.

(7) Steering type (worm and roller, rack and pinion, etc.).

(8) Front and rear suspension type.
(9) Hip room (front and rear).

Chapter IV-Low Emission Vehicle Certification Board

(10) Head and leg room (front and rear).

(11) Entrance height (front and rear). (12) Curb weight (full fuel, oil, etc., no passengers).

(13) Weight distribution (front and rear).

(14) Wheelbase.

(15) Overall length, width, height.

(16) Ground clearance.

(17) Overhang (front and rear).
(18) Usable trunk space.

(19) Fuel tank capacity.

(e) Fuel availability. If any test article requires the use of fuels, working fluids, coolants, lubricants, or other fluids other than those readily available through conventional motor vehicle marketing channels, the applicant shall submit detailed procurement specifications for all required fuels and fluids including any special storage and handling requirements associated with the specified fuels and fluids. The procurement of such fuels and fluids must be shown to be capable to accomplishment in a manner which complies with the Department of Transportation regulations (49 CFR Parts 100-199) concerning the transportion of hazardous materials.

(f) Noise level-(1) Maximum noise. The maximum noise generated by the vehicle when measured in accordance with SAE Procedure J986a

(2) Low speed noise. The maximum noise generated by the vehicle measured in accordance with SAE Procedure J896a, except that a constant vehicle velocity of 30 m.p.h. is used on the passby, the vehicle being in the highest gear in which it can be operated at that speed.

(3) Idle noise. The maximum noise generated by the vehicle when measured in accordance with SAE Procedure J986a, except that the engine is idling (clutch disengaged or in neutral gear) and the vehicle passes by at a speed of less than 10 m.p.h. The microphone will be placed at 10 feet from the centerline of the vehicle pass line.

(g) Maintenance cost potential. (1) A specification of normal vehicle maintenance procedures including inspection, parts replacement or refurbishment, and time/mileage for replacement or refurbishment. The specifications should be sufficient for use by regular maintenance personnel. Any maintenance details requiring special attention, special equipment or special personnel must be separately specified.

$ 400.6

(2) A record of all maintenance parts costs for each test article.

(3) A record of maintenance time and labor cost for each test article in terms of clock/hours/maintenance activity, man-hours/maintenance activity, and dollars/maintenance activity.

§ 400.5

Additional data: submission of test vehicles.

(a) The Board may require the submission of any other information or date which it deems necessary and appropriate to assist it in deciding whether to certify any motor vehicle prior to reaching such a decision. The Board may require that any one or more of the applicant's test vehicles be submitted to an authorized representative of the Board at such place or places and at such time or times as the Board may specify for the purpose of testing the suitability of such vehicle as a substitute for any class or model of vehicle presently being purchased by the Federal Government.

(b) In order to compare the results of any test vehicle with any class or model of motor vehicle presently being purchased by the Federal Government and for which the applicant seeks to have its vehicle substituted, the Board shall enter into appropriate agreements with other Government agencies to gather the necessary data regarding such class or model.

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(a) Within 180 days of the determination of the Administrator in accordance with § 85.326 of this title that the applicant test vehicle is a low-emission vehicle, the Board will reach a decision by majority vote of the entire Board as to whether the test vehicle is a suitable substitute for any class or model of vehicle or engines presently being purchased by the Federal Government for use by its agencies. Such decision shall be based upon the data obtained pursuant to §§ 400.4 and 400.5, the Board's evaluation of the validity of the data, comments of interested parties, and, as the Board deems appropriate, an actual inspection of the vehicle at such places and times as the Board may prescribe. The Board will also determine whether the vehicle is an inherently lowpolluting vehicle.

(b) Immediately upon making the decision as to whether a vehicle is a suitable

substitute for any class or classes of vehicles presently being purchased by the Federal Government for use by its agencies, the Board will publish in the FEDERAL REGISTER notice of such decision, including the reasons therefor and any dissenting views.

(c) If the test vehicle is a low-emission vehicle as determined by the Administrator and the Board decides that it is suitable for use as a substitute for a class or model of vehicles presently being purchased by the Federal Government for use by its agencies, the Board will issue a certification of that vehicle. The certification will specify with particularity the class or model of vehicles for which the certified vehicle is a suitable substitute.

(d) Any certification under this section shall be effective for a period of 1 year from the date of issuance.

(e) A determination of procurement costs of any certified low emission vehicle will be made by the Administrator of General Services in accordance with such

procedures as he may prescribe and with subsection (e) of section 212 of the Clean Air Act.

§ 400.7 Postcertification testing.

The Board may, from time to time, request the Administrator to test the emissions from certified low-emission vehicles purchased by the Federal Government. If at any time the Administrator finds that the emission levels exceed the rates on which the Administrator based his determination under § 85.326 of this title, he will notify the Board. Thereupon the Board will give the supplier of such vehicles written notice of such finding, publish such findings in the FEDERAL REGISTER, and give the supplier an opportunity to make necessary repairs, adjustments, or replacements as the Board directs. If the repairs, adjustments, or replacements are not made within the period set by the Board, the Board may order the supplier to show cause why the vehicle involved should be eligible for recertification.

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