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the regulations of this subpart, he will issue a certificate of conformity with respect to such engine(s).

(2) Such certificate will be issued for such period not more than one model year as the Administrator may determine and upon such terms as he may deem necessary to assure that any new motor vehicle engine covered by the certificate will meet the requirements of the Act and this subpart.

(b) (1) The Administrator will determine whether an engine covered by the application complies with applicable standards by observing the following relationships:

(i) A test engine selected under $ 85.974-5(b) (2) or (4) shall represent all engines in the same engine family of the same engine displacement-exhaust emission control system combination.

(ii) A test engine selected under $ 85.974–2(b) (3) shall represent all en gines of the same engine-system combination.

(iii) A test engine selected under $ 85.974-5(c) (1) shall represent all engines of the same engine-system combination.

(2) The Administrator will proceed as in paragraph (a) of this section with respect to the engines 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 $ 85.974-29, the Administrator determines that one or more test engines 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 $ 85.905 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 engine(s) determined not in compliance with applicable standards:

(i) Request a hearing under $ 85.905, or

(ii) Delete from the application for certification the engines represented by the failing test engine. (Engines so deleted may be included in a later request for certification under $ 85.974-32.) The Administrator will then select in place of each failing engine an alternate engine chosen in accordance with selection criteria employed in selecting the engine that failed, or

(iii) Modify the test vehicle and demonstrate by testing that it meets applicable standards. Another engine which is in all material respects the same as the first engine, 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. § 85.974–31 Separate certification.

Where possible a manufacturer should include in a single application for certification all engines 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 engines and the computation of test results will be determined separately for each application, $ 85.974-32 Addition of an engine after

certification. (a) If a manufacturer proposes to add to his product line an engine of the same engine-system combination as engines previously certified but which was not described in the application for certification when the test engine(s) representing other engines 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 $ 85.974–34. This notification shall include a full description of the engine to be added.

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

(c) If, after a review of the test re- notification to the Administrator for a ports and data submitted by the manu maximum of 30 days, unless the Adminfacturer, and data derived from any test- istrator grants an extension in writing. ing conducted under $ 85.974-29, the Ad- This period may be shortened by a notifiministrator determines that the test en- cation in accordance with paragraph (e) gine(s) meets all applicable standards, of this section. the appropriate certificate will be (c) If the Administrator determines, amended accordingly. If the Administra- based upon a description of the addition tor determines that the test engine(s) or change, that no test data will be redoes not meet applicable standards, he quired, he will notify the manufacturer will proceed under $ 85.974-30(b).

in writing of the acceptability of the ad$ 85.974–33 Changes to an engine cov

dition or change. If the Administrator ered by certification.

determines that test data will be re

quired, he will notify the manufacturer (a) The manufacturer shall notify the to rescind the change within 5 days of Administrator of any change in produc receipt of the notification. The Administion engines in respect to any of the trator will then proceed as in $ 85.974-32 parameters listed in $ 85.974-5(a) (3) or (b) and (c), or $ 85.974–33 (b) and (c) $ 85.974-5(b) (3), giving a full description

as appropriate. of the change. Such notification shall be (d) Election to produce engines under in advance of the change unless the this section will be deemed to be a conmanufacturer elects to follow the proce sent to recall all engines which the Addure described in $ 85.974–34.

ministrator determines under $ 85.974_32 (b) Based upon the description of the

(c) do not meet applicable standards, and change, and data derived from such test to cause such nonconformity to be remeing as the Administrator may require or

died at no expense to the owner. conduct, the Administrator will determine whether the engine, as modified, $ 85.974–35 Labeling. would still be covered by the certificate (a) (1) The manufacturer of any of conformity then in effect.

heavy duty diesel engine subject to the (c) If the Administrator determines

standards prescribed in $ 85.974–1 shall, that the outstanding certificate would

at the time of manufacture, affix a percover the modified engines, he will notify

manent, legible label, of the type and the manufacturer in writing. Except as

in the manner described below, containprovided in $ 85.974–34, the change may ing the information hereinafter provided, not be put into effect prior to the manu

to all production models of such engines facturer's receiving this notification. If

available for sale to the public and covthe Administrator determines that the

ered by a certificate of conformity under modified engines would not be covered

$ 85.974–30(a). by the certificate then in effect, then the

(2) A plastic or metal label shall be modified engines shall be treated as addi

welded, bonded, or otherwise permations to the product line subject to

nently attached to the engine in a posi$ 85.974–32.

tion in which it will be readily visible 137 FR 24307, Nov. 15, 1972, as amended at after installation in the vehicle. 38 FR 17167, June 28, 1973]

(3) The label shall be attached to an $ 85.974–34 Alternative procedure for

engine part necessary for normal engine

operation and not normally requiring renotification of additions and changes.

placement during engine life. (a) A manufacturer may, in lieu of

(4) The label shall contain the follownotifying the Administrator in advance

ing information lettered in the English of an addition of an engine under $ 85,

language in block letters and numerals 974-32 or a change in an engine under which shall be of a color that contrasts $ 85.974–33, notify him concurrently with with the background of the label: the making of the change if the manu (i) The label heading: Engine Exhaust facturer believes the addition or change Emission Control Information; will not require any testing under the (ii) Full corporate name and tradeappropriate section. Upon notification to mark of manufacturer; the Administrator, the manufacturer (iii) Engine family identification and may proceed to put the addition or model; change into effect.

(iv) Date of engine manufacture (b) The manufacturer may continue (month and year); to produce engines as described in the (v) Engine specification:

Advertised hp. ------ ------ r.p.m.

and necessary to assure the proper funcFuel rate @ advertised hp. ------ m.m.3/ tioning of emission control systems. stroke.

(1) Such instructions shall be proValve lash ------ (inches). Initial injection timing (if adjustable)----

vided for those engine components listed (The information applicable to each engine

in Appendix VI to this part (and for any is to be inserted on the appropriate line.) other components) to the extent that

maintenance of these components is nec(vi) The statement: This Engine Con

essary to assure the proper functioning forms to U.S. Environmental Protection

of emission control systems. Agency Regulations Applicable to 1974

(2) Such instructions shall be in clear, model year heavy duty diesel engines.

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

cal language. not prevent a manufacturer from also

(b) The maintenance instruction rereciting on the label that such engine

quired by this section shall contain a conforms to any applicable State emis

general description of the documentation sion standards for new motor vehicle en

which the manufacturer will require gines or any other information that such

from the ultimate purchaser or any submanufacturer deems necessary for, or

sequent purchaser as evidence of compliuseful to the proper operation and satis

ance with the instructions. factory maintenance of the engine.

(c) The label may be made up of one & 85.974-39 Submission of maintenance or more pieces provided that all pieces

instructions. are permanently attached to the same

(a) The manufacturer shall provide engine or vehicle part as applicable.

to the Administrator, no later than the $ 85.974–36 (Reserved]

time of the submission required by $ 85.974-37 Production engines.

$ 85.974-4, a copy of the maintenance in

structions which the manufacturer pro(a) Any nanufacturer obtaining cer poses to supply to the ultimate purchaser tification under this subpart shall supply in accordance with $ 85.974–38(a). The to the Administrator, upon his request, a Administrator will review such instrucreasonable number of production engines tions to determine whether they are reaselected by the Administrator which are sonable and necessary to assure the representative of the engines, emission proper functioning of the engine's emiscontrol systems, fuel systems, and trans sion control systems. The Administrator missions offered and typical of produc- will notify the manufacturer of his detion models available for sale under the termination whether such instructions certificate. These engines shall be sup- are reasonable and necessary to assure plied for testing at such time and place the proper functioning of the emission and for such reasonable periods as the control systems. Administrator may require. Engines (b) Any revision to the maintenance supplied under this paragraph may be instructions which will affect emissions required to be mounted in chassis and shall be supplied to the Administrator appropriately equipped for operation on at least 30 days before being supplied to a chassis dynamometer.

the ultimate purchaser unless the Ad(b) Any manufacturer obtaining cer ministrator consents to a lesser period of tification under this part shall notify time. the Administrator, on a quarterly basis, of the number of engines of each engine

Subparts K-0—[Reserved] family-engine displacement-exhaust

Subpart P-Importation of Motor emission control system-fuel system combination produced for sale in the

Vehicles and Motor Vehicle Engines United States during the preceding SOURCE: 37 FR 24314, Nov. 15, 1972, unless quarter.

otherwise noted. $ 85,974–38 Maintenance instructions. $ 85.1501 Applicability.

(a) The manufacturer shall furnish (a) The provisions of this subpart are or cause to be furnished to the ultimate applicable to new motor vehicles and purchaser of each new engine subject to new motor vehicle engines which are of the standards prescribed in $ 85.974-1, fered for importation or imported into written instructions for the maintenance the United States by any person. As used and use of the vehicle or engine by the in this subpart, "new motor vehicles" ultimate purchaser as may be reasonable and "new motor vehicle engines" mean

new and used motor vehicles or engines (2) Identification of the place where manufactured after the effective date of such vehicle or engine will be stored a regulation issued under section 202 of while the application for certification is the Act which is applicable to such ve pending before the Administrator: Prohicles or engines (or which would have vided, That such vehicle or engine shall been applicable to such vehicles or en not be stored on the premises of, or subgines had they been manufactured for ject to access by or control of, any dealer; importation into the United States). The (3) An acknowledgment of responsiterm United States means the customs bility for the custody of the vehicle or territory of the United States as defined engine while certification is pending; and in 19 U.S.C. 1202, and the Virgin Islands, (b) The Administrator has issued the Guam, and American Samoa

requested certificate of conformity. (b) Regulations prescribing further

$ 85.1504 Admission pending modificaprocedures for entry of motor vehicles

tion. and motor vehicle engines into the customs territory of the United States, as

Any motor vehicle or motor vehicle defined in 19 U.S.C. 1202, are set forth engine offered for importation or imin 19 CFR 12.73.

ported pursuant to 19 CFR 12.73(b) (5)

(x) under a declaration that it is not $ 85.1502 Admission for testing.

covered by a certificate of conformity A motor vehicle or motor vehicle en with Federal motor vehicle emission gine offered for importation or imported standards may be conditionally admitted pursuant to 19 CFR 12.73(b) (5) (vi), into the United States, but shall be resolely for purposes of testing, may be fused final admission unless: operated on the public streets or high (a) Not later than 5 days following ways for a period not to exceed 1 year such conditional admission, the importer from the date of importation if the im or consignee has submitted to the Adporter or consignee receives prior writ ministrator a written request that he be ten approval of such operation from the allowed to modify the vehicle or engine Administrator. Requests for such ap so that it will be in conformity with approval shall be in writing, and shall plicable emission standards, which rebriefly describe the proposed testing pro- quest shall contain the following: gram, including the estimated duration (1) A statement, acceptable to the Adof such program.

ministrator, that specifies the modifica

tions which are necessary to render the 8 85.1503 Admission pending certifica

vehicle or engine in conformity with a tion.

test vehicle or engine for which a cerA motor vehicle or motor vehicle en tificate of conformity has been issued; gine offered for importation or imported or, if the vehicle or engine cannot be pursuant to 19 CFR 12.73(b) (5) (ix) un modified to bring it within a class of der a declaration that it is one of a class vehicles or engines represented by a test of vehicles or engines represented by test vehicle or engine for which a certificate vehicles or engines for which an applica- of conformity has been issued, the retion for certification of conformity with quest shall state that the importer or Federal motor vehicle emission standards consignee will demonstrate that the veis pending before the Administrator may hicle or engine is in conformity with apbe conditionally admitted into the United plicable emission standards by testing States, but shall be refused final admis the vehicle or engine or causing it to be sion unless:

tested in accordance with test procedures (a) Not later than 5 days following prescribed in 40 CFR Part 85: such conditional admission the importer (2) The date by which the modificaor consignee has submitted to the Ad tions will be accomplished; ministrator a written request that such (3) Identification of the place where vehicle or engine be permitted condi the vehicle or engine will be stored pendtional admission pending certification of ing a determination of conformity under the test vehicle which represents the

this paragraph: Provided, That such veclass of vehicles or engines to which such hicie or engine shall not be stored on the vehicle or engine belongs, which request premises of, or subject to access by or shall contain the following:

control of any dealer; (1) Identification of the test vehicle (4) An acknowledgment of responor engine which represents such vehicle sibility for the custody of the vehicle or or engine;

engine while the modifications are being


made and while a determination of con- such terms and conditions as the Adformity is pending;

ministrator may specify. (5) Authorization for representatives of the Environmental Protection Agency

$ 85.1507 Storage and prohibited oper.

ation or sale of vehicles or engines to inspect or test the vehicle or engine at

conditionally admitted. any reasonable time for the purpose of making a determination of conformity;

A motor vehicle or engine conditionand

ally admitted pursuant to $85.1503, (b) The Administrator has issued a $ 85.1504, or $ 85.1505 shall be stored and written determination stating that the shall not be operated on the public highvehicle or engine is in conformity ways or sold until such vehicle or enwith Federal motor vehicle emission gine has been granted final admission. standards.

Failure to comply with this provision

shall constitute a violation of section $ 85.1505 Admission pending receipt of

203(a)(1) of the Clean Air Act, as information.

amended. Any motor vehicle or motor vehicle

$ 85.1508 Prohibited importation; pen. engine offered for importation or im

alties. ported pursuant to 19 CFR 12.73(b) (5) (xi) under a declaration that the im

(a) The importation of any motor veporter or consignee does not possess suf

hicle or motor vehicle engine otherwise ficient information to make a knowledge than in accordance with any applicable able declaration may be conditionally provisions of this subpart and the bondadmitted into the United States, but shall ing and entry regulations of the Bureau be refused final admission unless:

of Customs set forth in 19 CFR 12.73 is (a) Not later than 5 days following prohibited. such conditional admission, the importer

(b) Any vehicle or engine conditionor consignee has submitted to the Ad

ally admitted pursuant to $ 85.1503, ministrator a written request that such $ 85.1504, or $ 85.1505 and not granted vehicle or engine be permitted entry final admission within 90 days of pending receipt of sufficient information conditional admission, or within such adto determine whether such vehicle or en ditional time as the Bureau of Customs gine is covered by a certificate of con may allow for good cause shown pursuant formity, and what modifications or test to 19 CFR 12.73(c), shall be deemed to be ing, if any, are required to bring the unlawfully imported into the United vehicle or engine into conformity with States in violation of section 203(a) (1) applicable emission standards, which re of the Clean Air Act unless such vehicle quest shall contain the following:

or engine shall have been delivered to the (1) Identification of the place where Bureau of Customs for export or other the vehicle or engine will be stored while disposition under applicable Customs the receipt of the information is pend laws and regulations. Any importer or ing: Provided, That such vehicle shall

consignee who violates section 203(a) (1)

of the Clean Air Act is subject to a civil not be stored on the premises of or subject to access by or control of, any dealer;

penalty of not more than $10,000 for

each violation. In addition to the penalty and

provided in the Clean Air Act, any im(2) An acknowledgment of responsi

porter or consignee who fails to deliver bility for the custody of the vehicle or

such vehicle or engine to the Bureau of engine during the period; and

Customs is liable for liquidated damages (b) The importer or consignee rede in the amount of the bond required by clares the vehicle in accordance with 19 applicable Customs laws and regulations. CFR 12.73(b) (5) (i) through (x).

Subpart Q-Low-Emission Vehicles 5 85.1506 Waiver of conditions of ad- SOURCE: 37 FR 24315, Nov. 15, 1972, unless mission.

otherwise noted. Upon the written request of the im- $ 85.1601 Definitions. porter or consignee, and for good cause

(a) As used in this subpart, all terms shown, the Administrator may waive any not defined herein shall have the meanof the conditions of admission set forth ing given them in the Clean Air Act (42 in $$ 85.1502, 85.1503(a), 85.1504(a), and U.S.C. 1857f-1 et seq.) and in $ 85.002: 85.1505(a), and may give written consent (1) "Motor vehicle" means any selfto admission of a vehicle or engine upon propelled vehicle designed for use in the

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