(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 NO1, 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 paragraph. (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. 97-025-7341 turer'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, unless subsequently invalidated by the Administrator, shall comprise the official data for the vehicle at that prescribed test point and the manufacturer's data for that prescribed test point shall not be used in determining compliance with emission standards. (2) Whenever the Administrator does not conduct a test on a test vehicle at a test point, the manufacturer's test data 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) (i) The emission data vehicle presented to the Administrator for testing shall be calibrated within the production tolerances applicable to the manufacturer's specifications to be shown on the vehicle label (see § 85.074–35(a) (4) (iv)) as specified in the application for certification. If the Administrator determines that a vehicle is not within such tolerances, the vehicle shall be adjusted at the facility designated by the Administrator prior to the test and an engineering report shall be submitted to the Administrator describing the corrective action taken. Based on the engineering report, the Administrator will determine if the vehicle shall be used as an emission data vehicle. (ii) If the Administrator determines that the test data developed under paragraph (b) (3) (1) would cause the emission data vehicle to fail due to excessive 4,000 mile emissions or by application of the appropriate deterioration factor, then the following procedure shall be observed: (a) The manufacturer may request a retest. Before the retest, the vehicle may be readjusted to manufacturer's specifi cations, if these adjustments were made incorrectly prior to the first test, and other maintenance or repairs may be performed in accordance with § 85.074–6. All work on the vehicle shall be done at such location and under such conditions as the Administrator may prescribe. (b) The vehicle will be retested by the Administrator and the results of this test shall comprise the official data for the emission data vehicle. (4) If sufficient durability data are not available at the time of any emission test conducted under paragraph (a) of this section, to enable the Administrator to determine whether an emission data vehicle would fail, the manufacturer may request a retest in accordance with the provisions of paragraphs (c) (3) (i) (a) and (b). 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. (2) Such certificate will be issued for such period not more than 1 model 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 the Act and this subpart. (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 § 85.074-5(b) (2) or (4) shall represent all vehicles in the same engine family of the same engine displacement-exhaust emission control system-evaporative emission control system combination. (1) A test vehicle selected under § 85.074-5 (b) (3) shall represent all vehicles the same in the same engine family of the same engine displacementexhaust emission control system-transmission type-fuel system combination. (iii) A test § 85.074-5(c) (1) cles of the 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 a substantial factual issue, he shall provide the manufacturer a hearing in accordance 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: or (1) Request a hearing under § 85.005, (ii) Delete from the application for certification the vehicles represented by the failing 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 (ii) 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 certification 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. § 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 covered 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 § 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 § 85.07432(c) do not meet applicable standards, or (2) A plastic or metal label shall be welded, riveted, 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 identification numbers. (a) The manufacturer of any light duty motor vehicle covered by a certificate of conformity under § 85.074-30(a) shall, not later than 60 days after its manufacture, submit to the Administrator the vehicle identification number of such vehicle: Provided, That this requirement shall not apply with respect to any vehicle manufactured within any State, as defined in section 302(d) of the Act. (b) The requirements of this section may be waived with respect to any manufacturer who provides information satisfactory to the Administrator which will enable the Administrator to identify those vehicles which are covered by a certificate of conformity. § 85.074-37 Production vehicles. (a) Any manufacturer obtaining certification under this subpart shall supply to the Administrator, upon his request, a reasonable number of production vehicles 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 shall be supplied for testing at such time and place and for such reasonable periods as the Administrator may require. (b) Any manufacturer obtaining certification under this subpart 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 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 § 85.074-36. (c) All light duty vehicles covered by a certificate of conformity under § 85.07430(a) shall be adjusted by the manufacturer to the ignition timing specification detailed in § 85.074-35 (a) (4) (iv). § 85.074-38 Maintenance instructions. (a) The manufacturer shall furnish or cause to be furnished to the ultimate purchaser of each new motor vehicle subject to the standards prescribed in § 85.074-1, written instructions for the maintenance and use of the vehicle by the ultimate purchaser as may be reasonable and necessary to assure the proper functioning of emission control systems. (1) Such instructions shall be provided for those vehicle and engine components listed in Appendix VI to this part (and for any other components) to the extent that maintenance of these components is necessary to assure the proper functioning of emission control systems. (2) Such instructions shall be in clear, and to the extent practicable, nontechnical language. (b) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. § 85.074-39 Submission of maintenance instructions. (a) The manufacturer shall provide to the Administrator, no later than the time of the submission required by § 85.074-4, a copy of the maintenance instructions which the manufacturer proposes to supply to the ultimate purchaser in accordance with § 85.074-38 (a). The Administrator will review such instructions to determine whether they are reasonable and necessary to assure the proper functioning of the vehicle's emission control systems. The Adminístrator will notify the manufacturer of his determination whether such instructions are reasonable and necessary to assure the proper functioning of the emission control systems. (b) Any revision to the maintenance instructions which will affect emissions shall be supplied to the Administrator at least 30 days before being supplied to the ultimate purchaser unless the Administrator consents to a lesser period of time. |