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termining compliance with the standards.

(c) The procedure for determining compliance of a new light duty motor vehicle with exhaust and fuel evaporative emission standards is as follows:

(1) Separate emission deterioration factors shall be determined from the emission results of the durability vehicle for each engine-system combination. A separate factor shall be established for exhaust HC, exhaust CO, exhaust NO, and fuel evaporative HC.

(i) The applicable results to be used in determining the deterioration factors for each combination shall be:

(a) All valid emission data from the tests required under $ 85.074–7(b), except the 0-mile tests. This shall include the official test results, as determined in $ 85.074–29, for all tests conducted on all durability vehicles of the combination selected under $ 85.074-5(c) (including all vehicles elected to be operated by the manufacturer under $ 85.074-5(c) (3)).

(b) All valid emission data from the tests conducted before and after the maintenance provided in $ 85.074-6(a) (1) (i).

(c) All emission data from tests required by maintenance approved under $ 85.074–6(a) (1) (ix), in those cases where the Administrator conditioned his approval for the performance of such maintenance on the inclusion of such data in the deterioration factor calculation.

(ii) All applicable results shall be plotted as a function of the mileage on the system, rounded to the nearest mile, and the best fit straight lines, fitted by the method of least squares, shall be drawn through all these data points. The interpolated 4,000- and 50,000-mile points on this line must be within the standards provided in $ 85.074-1 or the data will not be acceptable for use in calculation of a deterioration factor, unless no applicable data point exceeded the standard.

(iii) An exhaust emission deterioration factor shall be calculated for each combination as follows: factor= exhaust emissions interpolated to 50,000 miles exhaust emissions interpolated to 4,000 miles These interpolated values shall be carried out to a minimum of four places to the right of the decimal point before di

viding one by the other to determine the deterioration factor. The results shall be rounded to three places to the right of the decimal point in accordance with ASTM E 29-67.

(iv) An evaporative emission deterioration factor shall be calculated for each combination by subtracting the evaporative emissions interpolated to 4,000 miles from the evaporative emissions interpolated to 50,000 miles. These interpolated values shall be carried out, in accordance with ASTM E 29–67, to a minimum of three decimal places to the right of the decimal point before subtracting one from the other to determine the deterioration factor.

(2) (i) The exhaust emission test results for each emission data vehicle shall be multiplied by the appropriate deterioration factor: Provided, That if a deterioration factor as computed in paragraph (c) (1) (iii) of this paragraph is less than one, that deterioration factor shall be one for the purposes of this paragraph.

(ii) The evaporative emission test results for each combination shall be adjusted by addition of the appropriate deterioration factor: Provided, That if a deterioration factor as computed in paragraph (c) (1) (iv) of this section is less than zero, that deterioration factor shall be zero for the purposes of this

(3) The emissions to compare with the standard shall be the adjusted emissions of paragraph (c) (2) (i) and (ii) for each emission data vehicle. Before any emission value is compared with the standard, it shall be rounded, in accordance with ASTM E 29–67, to two significant figures. The rounded emission values may not exceed the standard.

(4) Every test vehicle of an engine family must comply with all applicable standards, as determined in paragraph (c)(3), before any vehicle in that family may be certified. $ 85.074–29 Testing by the Administra

tor. (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 manufac

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turer's facility, in which case instrumen- cations, if these adjustments were made tation and equipment specified by the incorrectly prior to the first test, and Administrator shall be made available other maintenance or repairs may be by the manufacturer for test operations. performed in accordance with $ 85.074-6. Any testing conducted at a manufac- All work on the vehicle shall be done at turer's facility pursuant to this para such location and under such conditions graph shall be scheduled by the manu as the Administrator may prescribe. facturer as promptly as possible.

(b) The vehicle will be retested by the (b) (1) Whenever the Administrator Administrator and the results of this test conducts a test on a test vehicle, the re- shall comprise the official data for the sults of that test, unless subsequently emission data vehicle. invalidated by the Administrator, shall (4) If sufficient durability data are not comprise the official data for the vehicle available at the time of any emission test at that prescribed test point and the conducted under paragraph (a) of this manufacturer's data for that prescribed section, to enable the Administrator to test point shall not be used in determin determine whether an emission data veing compliance with emission standards. hicle would fail, the manufacturer may

(2) Whenever the Administrator does request a retest in accordance with the not conduct a test on a test vehicle at a provisions of paragraphs (c)(3) (1) (a) test point, the manufacturer's test data and (6). If the manufacturer does not will be accepted as the official data for promptly make such request, he shall be that test point: Provided, That if the deemed to have waived the right to a Administrator makes a determination retest. A request for retest must be made based on testing under paragraph (a) of before the manufacturer removes the vethis section, that there is a lack of cor hicle from the test premises. relation between the manufacturer's test equipment and the test equipment used

$ 85.074-30 Certification. by the Administrator, no manufacturer's

(a) (1) If, after a review of the test test data will be accepted for purposes of reports and data submitted by the manucertification until the reasons for the facturer and data derived from any adlack of correlation are determined and ditional testing conducted pursuant to the validity of the data is established by $ 85.074-29, the Administrator deterthe manufacturer.

mines that a test vehicle(s) conforms to (3) (i) The emission data vehicle pre the regulations of this subpart, he will sented to the Administrator for testing issue a certificate of conformity with reshall be calibrated within the production spect to such vehicle(s). tolerances applicable to the manufac- (2) Such certificate will be issued for turer's specifications to be shown on the such period not more than 1 model year vehicle label (see $ 85.074-35(a) (4) (iv)) as the Administrator may determine and as specified in the application for certifi- upon such terms as he may deem neccation. If the Administrator determines essary to assure that any new motor that a vehicle is not within such toler- vehicle covered by the certificate will ances, the vehicle shall be adjusted at meet the requirements of the Act and the facility designated by the Adminis- this subpart.

rior to the test and an engineer- (b) (1) The Administrator will deter. ing report shall be submitted to the Ad- mine whether a vehicle covered by the ministrator describing the corrective application complies with applicable action taken. Based on the engineering standards by observing the following report, the Administrator will determine relationships: if the vehicle shall be used as an emis (i) A test vehicle selected under sion data vehicle.

8 85.074-5(b) (2) or (4) shall represent (ii) If the Administrator determines all vehicles in the same engine family of

all vehicles in the same that the test data developed under para

the same engine displacement-exhaust graph (b) (3) (1) would cause the emis

emission control system-evaporative sion data vehicle to fail due to excessive

emission control system combination. 4,000 mile emissions or by application of


factor, the appropriate deterioration

A test vehicle selected under

$ 85.074-5(b) (3) shall represent all vethen the following procedure shall be observed:

hicles the same in the same engine (a) The manufacturer may request a family of the same engine displacementretest. Before the retest, the vehicle may exhaust emission control system-transbe readjusted to manufacturer's specifi- mission type-fuel system combination.

(iii) A test vehicle selected under & 85.074-5(c) (1) 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 & 85.074–29, 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 & substantial factual issue, he shall provide the manufacturer a hearing in accord. ance with $ 85.005 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:

(1) Request a hearing under $ 85.005, or

(ii) Delete from the application for certification the vehicles represented by the falling test vehicle. (Vehicles so deleted may be included in a later request for certification under $ 85.074–32.) The Administrator will then select in place of each failing vehicle an alternate vehicle chosen in accordance with selection criteria employed in selecting the vehicle that failed, or

(iii) Modify the test vehicle and demonstrate by testing that it meets applicable standards. Another vehicle which is in all material respects the same as the first vehicle, as modified, shall then be operated and tested in accordance with applicable test procedures.

(5) If the manufacturer does not request a hearing or present the required

data under subparagraph (4) of this paragraph, the Administrator will deny certification. $ 85.074–31 Separate certification.

Where possible a manufacturer should include in a single application for certifi. cation all vehicles for which certification is required. A manufacturer may, however, choose to apply separately for certification of part of his product line. The selection of test vehicles and the computation of test results will be determined separately for each application. 8 85.074–32 Addition of a vehicle after

certification. (a) If a manufacturer proposes to add to his product line a vehicle of the same engine-system combination as vehicles previously certified but which was not described in the application for certification when the test vehicle(s) representing other vehicles of that combination was certified, he shall notify the Administrator. Such notification shall be in advance of the addition unless the manufacturer elects to follow the procedure described in $ 85.074–34. This notification shall include a full description of the vehicle to be added.

(b) The Administrator may require the manufacturer to perform such tests on the test vehicle(s) representing the vehicle to be added which would have been required if the vehicle had been included in the original application for certification.

(c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under $ 85.074-29, the Administrator determines that the test vehicle(s) meets all applicable standards, the appropriate certificate will be amended accordingly. If the Administrator determines that the test vehicle(s) does not meet applicable standards, he will proceed under $ 85.074–30(b). $ 85.074-33 Changes to a vehicle cov.

ered by certification. (a) The manufacturer shall notify the Administrator of any change in production vehicles in respect to any of the parameters listed in $ 85.074-5(a) (3) or $ 85.074–5(b) (3), giving a full description of the change. Such notification shall be in advance of the change unless the manufacturer elects to follow the procedure described in $ 85.074–34.

(b) Based upon the description of the change, and data derived from such testing as the Administrator may require or conduct, the Administrator will determine whether the vehicle, as modified, would still be covered by the certificate of conformity then in effect.

(c) If the Administrator determines that the outstanding certificate would cover the modified vehicles, he will notify the manufacturer in writing. Except as provided in $ 85.074-34, the change may not be put into effect prior to the manufacturer's receiving this notification. If the Administrator determines that the modified vehicles would not be covered by the certificate then in effect, then the modified vehicles shall be treated as additions to the product line subject to 8 85.074-32. $ 85.074-34 Alternative procedure for

notification of additions and changes. (a) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle under $ 85.074-32 or a change in a vehicle under $ 85.074–33, notify him concurrently with the making of the change if the manufacturer believes the addition or change will not require any testing under the appropriate section. Upon notification to the Administrator, the manufacturer may proceed to put the addition or change into effect.

(b) The manufacturer may continue to produce vehicles as described in the notification to the Administrator for a maximum of 30 days, unless the Administrator grants an extension in writing. This period may be shortened by a notification in accordance with paragraph (c) of this section.

(c) If the Administrator determines, based upon a description of the addition or change, that no test data will be required, he will notify the manufacturer in writing of the acceptability of the addition or change. If the Administrator determines that test data will be required, he will notify the manufacturer to rescind the change within 5 days of receipt of the notification. The Administrator will then proceed as in $ 85.074-32 (b) and (c), or $ 85.074–33 (b) and (c) as appropriate.

(d) Election to produce vehicles under this section will be deemed to be a consent to recall all vehicles which the Administrator determines under $ 85.074_ 32(c) do not meet applicable standards,

and to cause such nonconformity to be
remedied at no expense to the owner.
$ 85.074–35 Labeling.

(a) (1) The manufacturer of any light
duty motor vehicle subject to the stand-
ards prescribed in $ 85.074-1 shall, at the
time of manufacture, affix a permanent,
legible label, of the type and in the man-
ner described below, containing the in-
formation hereinafter provided, to all
production models of such vehicles avail-
able for sale to the public and covered
by a certificate of conformity under
$ 85.074-30(a).

(2) A plastic or metal label shall be welded, riveted, or otherwise permanently attached in a readily visible position in the engine compartment.

(3) The label shall be affixed by the vehicle manufacturer, who has been issued the certificate of conformity for such vehicle, in such a manner that it cannot be removed without destroying or defacing the label, and shall not be affixed to any equipment which is easily detached from such vehicle.

(4) The label shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label:

(i) The label heading: Vehicle Emission Control Information;

(ii) Full corporate name and trademark of manufacturer;

(iii) Engine displacement (in cubic inches) and engine family identification;

(iv) Engine tuneup specifications and adjustments, as recommended by the manufacturer, including idle speed, ignition timing, and the idle air-fuel mixture setting procedure and value (e.g. idle co, idle air-fuel ratio, idle speed drop). These specifications should indicate the proper transmission position during tuneup and what accessories (e.g., air-conditioner), if any should be in operation;

(v) The statement: "This Vehicle Conforms to U.S.E.P.A. Regulations Applicable to 1974 Model Year New Motor Vehicles."

(b) The provisions of this section shall not prevent a manufacturer from also reciting on the label that such vehicle conforms to any applicable State emission standard for new motor vehicles or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the vehicle.

$ 85.074-36 Submission of vehicle iden- the ultimate purchaser as may be reatification numbers.

sonable and necessary to assure the (a) The manufacturer of any light proper functioning of emission control duty motor vehicle covered by a certifi

systems. cate of conformity under $ 85.074–30(a)

(1) Such instructions shall be proshall, not later than 60 days after its

or its vided for those vehicle and engine commanufacture, submit to the Administra

ponents listed in Appendix VI to this part tor the vehicle identification number of (and for any other components) to the such vehicle: Provided, That this re

extent that maintenance of these comquirement shall not apply with respect

ponents is necessary to assure the proper to any vehicle manufactured within any

functioning of emission control systems. State, as defined in section 302(d) of

(2) Such instructions shall be in clear, the Act.

and to the extent practicable, nontechni(b) The requirements of this section

cal language. may be waived with respect to any manu

(b) The maintenance instructions refacturer who provides information satis

quired by this section shall contain a factory to the Administrator which will

general description of the documentation enable the Administrator to identify

which the manufacturer will require those vehicles which are covered by a

from the ultimate purchaser or any subcertificate of conformity.

sequent purchaser as evidence of compli

ance with the instructions. $ 85.074–37 Production vehicles.

$ 85.074–39 Submission of mainte(a) Any manufacturer obtaining cer

nance instructions. tification under this subpart shall supply to the Administrator, upon his request, a

(a) The manufacturer shall provide reasonable number of production vehi

to the Administrator, no later than the cles selected by the Administrator

time of the submission required by which are representative of the engines,

$ 85.074-4, a copy of the maintenance inemission control systems, fuel systems,

structions which the manufacturer proand transmissions offered and typical of

poses to supply to the ultimate purchaser production models available for sale

in accordance with $ 85.074-38(a). The under the certificate. These vehicles · Administrator will review such instrucshall be supplied for testing at such time

such time tions to determine whether they are reaald place and for such reasonable pe

sonable and necessary to assure the riods as the Administrator may require.

proper functioning of the vehicle's (b) Any manufacturer obtaining cer

emission control systems. The Administification under this subpart shall notify

trator will notify the manufacturer of the Administrator, on a quarterly basis,

his determination whether such instrucof the number of vehicles of each engine

tions are reasonable and necessary to family - engine displacement - exhaust

assure the proper functioning of the emission control system-fuel system

emission control systems. transmission type-inertia weight class

(b) Any revision to the maintenance combination produced for sale in the

instructions which will affect emissions United States during the preceding

shall be supplied to the Administrator quarter. A manufacturer may elect to

at least 30 days before being supplied to provide this information every 60 days

the ultimate purchaser unless the Adinstead of quarterly, to combine it

ministrator consents to a lesser period of with the notification required under

time. $ 85.074-36.

& 85.075-) Emission standards for 1975 (c) All light duty vehicles covered by a

model year vehicles. certificate of conformity under $ 85.074

(a) (1) Exhaust emissions from 1975 30(a) shall be adjusted by the manufac

model year vehicles shall not exceed: turer to the ignition timing specification

(1) Hydrocarbons. 0.41 gram per vedetailed in $ 85.074–35(a) (4) (iv).

hicle mile. & 85.074–38 Maintenance instructions. (ii) Carbon monoxide. 3.4 grams per

(a) The manufacturer shall furnish vehicle mile. or cause to be furnished to the ultimate (iii) Oxides of nitrogen. 3.1 grams per purchaser of each new motor vehicle vehicle mile. subject to the standards prescribed in (2) The standards set forth in para$ 85.074-1, written instructions for the graph (a) (1) of this section refer to the maintenance and use of the vehicle by exhaust emitted over a driving schedule

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