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facturer and data derived from any additional testing conducted pursuant to $ 85.075-29, the Administrator determines that a test vehicle(s) conforms to the regulations of this subpart, he will issue a certificate of conformity with respect to such vehicle(s).

(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 $ 85.075-5(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.

(ii) A test vehicle selected under $ 85.075-5(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 vehicle selected under $ 85.075-5(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 $ 85.075-29, 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:

(i) Request a hearing under $ 85.005, or

(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 $85.075-32.) 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. 8 85.075-31 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 cer-. tification of part of his product line. The selection of test vehicles and the computation of test results will be determined: separately for each application, $ 85.075–32 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 $ 85.075-34. This notification: shall include a full description of the vehicle to be added.

(b) The Administrator may require tion to the Administrator, the manufacthe manufacturer to perform such tests turer may proceed to put the addition on the test vehicle(s) representing the or change into effect. vehicle to be added which would have (b) The manufacturer may continue been required if the vehicle had been to produce vehicles as described in the included in the original application for notification to the Administrator for a certification.

maximum of 30 days, unless the Admin(c) If, after a review of the test re istrator grants an extension in writing. ports and data submitted by the manu This period may be shortened by a notififacturer, and data derived from any test- cation in accordance with paragraph (c) ing conducted under $ 85.075-29, the Ad of this section. ministrator determines that the test (c) If the Administrator determines, vehicle(s) meets all applicable standards, based upon a description of the addition the appropriate certificate will be or change, that no test data will be reamended accordingly. If the Adminis quired, he will notify the manufacturer trator determines that the test vehicle(s) in writing of the acceptability of the addoes not meet applicable standards, he dition or change. If the Administrator will proceed under $ 85.075-30(b).

determines that test data will be re& 85.075–33 Changes to a vehicle coy

quired, he will notify the manufacturer ered by certification.

to rescind the change within 5 days of

receipt of the notification. The Adminis(a) The manufacturer shall notify the

trator will then proceed as in $ 85.075-32 Administrator of any change in produc (b) and (c), or $ 85.075-33 (b) and (c) tion vehicles in respect to any of the

as appropriate. parameters listed in $ 85.075-5(a) (3) or

(d) Election to produce vehicles under $ 85.075-5(b) (3), giving a full descrip

this section will be deemed to be a contion of the change. Such notification

sent to recall all vehicles which the Adshall be in advance of the change unless

ministrator determined under $ 85.075the manufacturer elects to follow the

32(c) do not meet applicable standards, procedure described in $ 85.075–34.

and to cause such nonconformity to be (b) Based upon the description of the remedied at no expanse to the owner. change, and data derived from such test

$ 85.075–35 Labeling. ing as the Administrator may require or conduct. the Administrator will deter (a) (1) The manufacturer of any light mine whether the vehicle, as modified, duty motor vehicle subject to the standwould still be covered by the certificate ards prescribed in § 85.075–1 shall, at of conformity then in effect.

the time of manufacture, affix a per(c) If the Administrator determines manent, legible label, of the type and in that the outstanding certificate would the manner described below, containing cover the modified vehicles, he will notify the information hereinafter provided, the manufacturer in writing. Except as to all production models of such vehicles provided in $ 85.075-34 the change may available for sale to the public and cornot be put into effect prior to the manu ered by a certificate of conformity under facturer's receiving this notification. If $ 85.075-30(a). the Administrator determines that the (2) A plastic or metal label shall be modified vehicles would not be covered welded, riveted, or otherwise perby the certificate then in effect, then the manently attached in a readily visible modified vehicles shall be treated as ad position in the engine compartment. ditions to the product line subject to (3) The label shall be affixed by the $ 85.075–32.

vehicle manufacturer, who has been is$ 85.075-34 Alternative procedure for

sued the certificate of conformity for notification of additions and changes.

such vehicle, in such a manner that it

cannot be removed without destroying or (a) A manufacturer may, in lieu of

defacing the label, and shall not be afnotifying the Administrator in advance

fixed to any equipment which is easily of an addition of a vehicle under

detached from such vehicle. $ 85.075-32 or a change in a vehicle under $ 85.075-33, notify him concur

(4) The label shall contain the followrently with the making of the change if

ing information lettered in the English the manufacturer believes the addition or language in block letters and numerals, change will not require any testing under which shall be of a color that contrasts the appropriate section. Upon notifica- with the background of the label:

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

(ii) Full corporate name and trademark of manufacturer;

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., airconditioner), if any, should be in operation;

(V) The statement: “This Vehicle Conforms to U.S.E.P.A. Regulations Applicable to 1975 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 or engine conforms to any applicable State emission standards 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. $ 85.075–36 Submission of vehicle iden

tification numbers. (a) The manufacturer of any light duty motor vehicle covered by a certificate of conformity under $ 85.075-30(a) shall, not later than 60 days after its manufacturer, 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

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 displacementexhaust emission control system-fuel system-transmission type-inertia weight class combination produced for sale in the United States during the proceding quarter. A manufacturer may elect to provide this information every 60 days instead or quarterly, to combine it with the notification required under $ 85.075–36.

(c) All light duty vehicles covered by a certificate of conformity under $ 85.075-30(a) shall be adjusted by the manufacturer to the ignition timing specification detailed in $ 85.075-35(a) (4) (iv). § 85.075-38 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 $ 85.075–1, 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 compli. ance with the instructions.

(3) Such instructions shall specify the performance of all scheduled maintenance performed by the manufacturer under $ 85.075-6(a) and shall explain the conditions under which EGR system and catalytic converter maintenance is to be performed (e.g., what type of warning device is being employed and whether the device is activated by component

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. $ 85.075-37 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

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failure or the need for periodic the term "model year” shall mean the maintenance).

calendar year. 8 85.075-39 Submission

(4) "Gross vehicle weight” means the of mainte

manufacturer's gross weight rating for nance instructions.

the individual vehicle. (a) The manufacturer shall provide (5) "Heavy duty vehicle" means any to the Administrator, no later than the motor vehicle either designed primarily time of the submission required by for transportation of property and rated $ 85.075-4, a copy of the maintenance in at more than 6,000 pounds GVW or destructions which the manufacturer pro signed primarily for transportation of poses to supply to the ultimate purchaser persons and having a capacity of more in accordance with $ 85.075-38(a). The than 12 persons. Administrator will review such instruc (6) "Heavy duty engine" means any tions to determine whether they are rea- engine which the engine manufacturer sonable and necessary to assure the could reasonably expect to be used for proper functioning of the vehicle's emis- motive power in a heavy duty vehicle. sion control systems. The Administrator (7) "System" includes any motor vewill notify the manufacturer of his de hicle engine modification which controls termination whether such instructions or causes the reduction of substances are reasonable and necessary to assure emitted from motor vehicle engines. the proper functioning of the emission (8) "Engine family” means the basic control systems.

classification unit of a manufacturer's (b) Any revision to the maintenance product line used for the purpose of test instructions which will affect emissions fleet selection and determined in acshall be supplied to the Administrator cordance with $ 85.773-5(a). at least 30 days before being supplied to (9) "Engine-system combination" the ultimate purchaser unless the Ad- means an engine family-exhaust emisministrator consents to a lesser period of sion control system-fuel evaporative time.

emission control system (where applica

ble) combination. Subparts B-G [Reserved]

(10) "Fuel system" means the comSubpart H-Emission Regulations for

bination of fuel tank, fuel pump, fuel

lines, and carburetor, or fuel injection New Gasoline-Fueled Heavy Duty

components, and includes all fuel sysEngines

tem vents and fuel evaporative emission SOURCE: 37 FR 24279, Nov. 15, 1972, unless control systems. otherwise noted.

(11) "Crankcase emissions" means & 85.701 General applicability.

airborne substances emitted to the at

mosphere from any portion of the enThe provisions of this subpart are ap gine crankcase ventilation or lubrication plicable to new gasoline-fueled heavy

systems. duty engines beginning with the 1973 (12) "Exhaust emissions" means submodel year.

stances emitted to the atmosphere from & 85.702 Definitions.

any opening downstream from the ex

haust port of a motor vehicle engine. (a) As used in this subpart, all terms

(13) Zero (0) hours means that point not defined herein shall have the mean

after normal assembly line operations ing given them in the Act:

and adjustments and before one (1) "Act" means Part A of Title II of

additional operating hour has been the Clean Air Act, 42 U.S.C. 1857f-1

accumulated. through f-7, as amended by Public Law

(14) "Calibrating gas" means a gas of 91-640.

known concentration which is used to (2) "Administrator" means the Ad

establish the response curve of an ministrator of the Environmental Pro analyzer. tection Agency or his authorized repre (15) "Span gas" means a gas of known sentative.

concentration which is used routinely to (3) "Model year" means the manu set the output level of an analyzer. facturer's annual production period (as (16) "Oxides of Nitrogen" means the determined by the Administrator) which sum of the nitric oxide and nitrogen diincludes January 1 of such calendar oxide contained in a gas sample as if the year: Provided, That if the manufac- nitric oxide were in the form of nitrogen turer has no annual production period, dioxide.

(17) "Useful life" means a period of -Degrees. use of 5 years or of 50,000 miles of ve- EmSummation. hicle operation or 1,500 hours of engine & 85.704. General standards: Increase in operation (or an equivalent period of

emissions; unsafe conditions. 1,500 hours of dynamometer operation), whichever first occurs.

(a) (1) Every new motor vehicle engine (18) "Scheduled maintenance" means

manufactured for sale, sold, offered for any adjustment, repair, removal, disas

sale, introduced or delivered for intro

duction into commerce, or imported into sembly, cleaning, or replacement of engine components or systems which is

the United States for sale or resale which

is subject to any of the standards preperformed on a periodic basis to prevent

scribed in this subpart shall be covered part failure or vehicle (if the engine

by a certificate of conformity issued purwere installed in a vehicle) malfunction. (19)

suant to 8 85.773-2 through $ 85.773-4 "Unscheduled maintenance"

and $ 85.773-29 through | 85.773–34 of means any adjustment, repair, removal,

this subpart. disassembly, cleaning, or replacement of

(2) No heavy duty vehicle manufacengine components or systems which is

turer shall take any of the actions speci performed to correct a part failure or

fied in section 203(a) (1) of the Act with vehicle (if the engine were installed in

respect to any gasoline-fueled heavy duty a vehicle) malfunction.

vehicle which uses an engine which has (37 FR 24279, Nov. 15, 1972, as amended at

not been certified as meeting applicable 38 FR 17164, June 28, 1973]

standards. Such manufacturer shall pro§ 85.703 Abbreviations.

vide to the Administrator prior to the The abbreviations used in this subpart

beginning of each model year a statehave the following meanings in both

ment signed by an authorized repre

sentative which includes the following capital and lowercase:

information: ASTM-American Society for Testing and

(i) A description of the vehicles which Materials.

will be produced subject to this section; BHP-Brake horsepower.

(ii) Identification of the engines used BSCO Brake specific carbon monoxide.

in the vehicles; BSHC-Brake specific hydrocarbons.

(iii) Projected sales data on each veBSNO.Brake specific oxides of nitrogen.

hicle engine combination; C.-Centigrade. C.1..-Cubic feet per hour.

(iv) A statement that the engines will CO, Carbon dioxide.

not be modified by the vehicle manuCoCarbon monoxide.

facturer or a detailed specification of any Conc.-Concentration.

changes which will be made. Changes CT-Closed Throttle

made solely for the purpose of mounting C.1.m.-Cubic feet per minute.

an engine in a vehicle need not be EP-End point.

included. F.-Fahrenheit.

(b) (1) Any system installed on or inFL-Full load. Gal.-U.S. Gallon(s).

corporated in a new motor vehicle engine Gm.-Gram(s)

to enable such vehicle to conform to GVW-Gross vehicle weight.

standards imposed by this subpart: H20-Water.

(i) Shall not in its operation or funcHC-Hydrocarbon(s).

tion cause the emission into the ambient Hg-Mercury.

air of any noxious or toxic substance that IBP-Initial boiling point.

would not be emitted in the operation of Max.-Maximum. Min.-Minimum.

such engine without such system, except N-Nitrogen.

as specifically permitted by regulation; NDIR-Nondispersive infrared.

and NO_Nitric oxide.

(1) Shall not in its operation, funcNO,Nitrogen dioxide.

tion, or malfunction result in any unsafe NON-Oxides of nitrogen.

condition endangering the motor vehicle, Pb-Lead.

its occupants, or persons or property in P.p.m.--Parts per million by volume.

close proximity to the vehicle. PTA-Parts throttle accel.

(2) Every manufacturer of new motor PTD-Part throttle decel. R.p.m.-Revolutions per minute.

vehicle engines subject to any of the RVP-Reid vapor pressure.

standards imposed by this subpart shall, Sec.-Second(s),

prior to taking any of the actions speciWOT—Wide open throttle.

fied in section 203(a) (1) of the Act, " Inches.

test or cause to be tested motor vehicle

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