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Part 400

Procedures for certification of low emission vehicles.

PART 400-PROCEDURES FOR CER- ment of $ 400.4 for data or information TIFICATION OF LOW-EMISSION

if it deems that such data is unnecessary, VEHICLES

inappropriate, or cannot be obtained by

procedures described in $ 400.4. Such Bec.

waiver may be conditioned upon the ap400.1 Definitions.

plicant's agreement to test the motor 400.2 Application for certification.

vehicle under such alternative proce400.8 Requirements for certification. 400.4 Submission of required data.

dures as the Board specifies. 400.5 Additional data: submission of test

(c) Upon making a determination vehicles.

that any motor vehicle is a low-emission 400.6 Certification: publication of decision. vehicle pursuant to section 212(c) of the 400.7 Postcertification testing.

Act, the Administrator will transmit & AUTHORITY: The provisions of this part copy of

the application for certification 400 issued under sec. 212, 84 Stat. 1676, Pub- to the Board. The Board shall publish Uc Law 91-604.

a notice of each application received in SOURCE: The provisions of this part 400 the FEDERAL REGISTER as soon as pracappear at 36 F.R. 12214, June 29, 1971, unless ticable after receipt thereof. The Board otherwise noted.

shall solicit, receive, and evaluate written & 400.1 Definitions.

comments and documents from inter

ested parties in support of, or in opposiAll terms used herein shall have the

tion to, certification of the applicant meaning given them in the Clean Air Act

vehicle. (42 U.S.C. 1857f-1 et seq.), as amended by Public Law 91-604, and in 85.320 of $ 400.3 Requirements for certification. this title.

Any vehicle submitted for certification $ 400.2 Application for certification. as a low-emission vehicle shall comply

with the Federal Motor Vehicle Safety (a) Any person desiring certification

Standards and regulations (49 CFR Part of a motor vehicle as a low-emission vehicle which will be a suitable substitute

571) which will be applicable to that for a class or model of motor vehicles in

class of vehicle during the anticipated use by agencies of the Federal Govern

certification period, as defined in $ 85.320 ment shall file an application with the

of this title, and shall in all other respects Administrator of the Environmental Pro- be safe to operate and maintain. tection Agency in accordance with

8 400.4 Submission of required data. $ 85.322 of this title. In addition to the information required by Subpart S of

Applications for certification shall inPart 85 of this title, the application shall clude data concerning the following contain the data required by $ 400.4.

factors: (b) Upon written request by the appli- (a) Safety-(1) Hazards related to cant the Board may waive any require- unfamiliarity. These are defined as any

device or design feature which constitute & 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;

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

(iil) Servicing and maintenance procedures.

(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 trafic 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 & 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 eficiency 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• P., and when operated at constant speeds of 15, 35, and 60 miles per hour at the same temperatures.

(10) Vehicle frontal area, drag coeficient, 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 vehiclo 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 tbo date, time, and mileage of the replacoment 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 date 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 rellability 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 vehiclo 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 typo.
(9) Hip room (front and rear).

(10) Head and leg room (front and (2) A record of all maintenance parts rear).

costs for each test article. (11) Entrance height (front and rear). (3) A record of maintenance time and

(12) Curb weight (full fuel, oll, etc, no labor cost for each test article in terms passengers).

of clock/hours/maintenance activity, (13) Weight distribution (front and man-hours/maintenance activity, and rear).

dollars/maintenance activity. (14) Wheelbase. (15) Overall length, width, height.

$ 400.5 Additional data: submission of (16) Ground clearance.

test vehicles. (17) Overhang (front and rear).

(a) The Board may require the sub(18) Usable trunk space.

mission of any other information or (19) Fuel tank capacity.

date which it deems necessary and (e) Fuel availability. If any test article appropriate to assist it in deciding requires the use of fuels, working fluids, whether to certify any motor vehiclo coolants, lubricants, or other fluids other prior to reaching such a decision. The than those readily available through

Board may require that any one or conventional motor vehicle marketing more of the applicant's test vehicles channels, the applicant shall submit de- be submitted to an authorized reptalled procurement specifications for all resentative of the Board at such place required fuels and fluids including any or places and at such time or times as the special storage and handling require

Board may specify for the purpose of ments associated with the specified fuels testing the suitability of such vehicle as and fluids. The procurement of such a substitute for any class or model of fuels and fluids must be shown to be vehicle presently being purchased by the capable to accomplishment in a manner Federal Government. which complies with the Department of (b) In order to compare the results Transportation regulations (49 CFR of any test vehicle with any class or Parts 100–199) concerning the transpor

model of motor vehicle presently being tion of hazardous materials.

purchased by the Federal Government (1) Noise level (1) Maximum noise. and for which the applicant seeks to have The maximum noise generated by the its vehicle substituted, the Board shall vehicle when measured in accordance enter into appropriate agreements with with SAE Procedure J986a

other Government agencies to gather the (2) Low speed noise. The maximum necessary data regarding such class or noise generated by the vehicle measured model, in accordance with SAE Procedure

$ 400.6

Certification: publication of deJ896a, except that a constant vehicle

cision. velocity of 30 m.p.h. is used on the pass

(a) Within 180 days of the determinaby, the vehicle being in the highest gear in which it can be operated at that speed.

tion of the Administrator in accordance (3) Idle noise. The maximum noise

with $ 85.326 of this title that the appli

cant test vehicle is a low-emission vehicle, generated by the vehicle when measured

the Board will reach a decision by majorin accordance with SAE Procedure

ity vote of the entire Board as to whether J986a, except that the engine is idling

the test vehicle is a suitable substitute for (clutch disengaged or in neutral gear) and the vehicle passes by at a speed of

any class or model of vehicle or engines less than 10 m.p.h. The microphone will

presently being purchased by the Federal be placed at 10 feet from the centerline

Government for use by its agencies. Such of the vehicle pass line.

decision shall be based upon the data ob(g) Maintenance cost potential. (1) A tained pursuant to $$ 400.4 and 400.5, specification of normal vehicle mainte- the Board's evaluation of the valldity of Dance procedures including inspection, the data, comments of interested parparts replacement or refurbishment, and ties, and, as the Board deems appropriate, time/mileage for replacement or refur- an actual inspection of the vehicle at bishment. The specifications should be such places and times as the Board may suficient for use by regular maintenance prescribe. The Board will also determine personnel, Any maintenance details re- whether the vehicle is an inherently lowquiring special attention, special equip- polluting vehicle. ment or special personnel must be sepa- (b) Immediately upon making the derately specified.

cision as to whether a vehicle is a suitable substitute for any class or classes of ve- procedures as he may prescribe and with hicles presently being purchased by the subsection (e) of section 212 of the Clean Federal Government for use by its agen- Air Act. cies, the Board will publish in the FED

$ 400.7 Postcertification testing. ERAL REGISTER notice of such decision, including the reasons therefor and any

The Board may, from time to time, dissenting views.

request the Administrator to test the (c) If the test vehicle is a low-emission

emissions from certified low-emission vevehicle as determined by the Administra- hicles purchased by the Federal Governtor and the Board decides that it is suita

ment. If at any time the Administrator ble for use as a substitute for a class or

finds that the emission ievels exceed the model of vehicles presently being pur

rates on which the Administrator based chased by the Federal Government for his determination under $ 85.326 of this use by its agencies, the Board will issue & title, he will notify the Board. Thereupon certification of that vehicle. The certifi- the Board will give the supplier of such cation will specify with particularity the

vehicles written notice of such finding, class or model of vehicles for which the publish such findings in the FEDERAL REGcertified vehicle is a suitable substitute.

ISTER, and give the supplier an opportu(d) Any certification under this sec

nity to make necessary repairs, adjusttion shall be effective for a period of 1

ments, or replacements as the Board year from the date of issuance.

directs. If the repairs, adjustments, or

replacements are not made within the (e) A determination of procurement period set by the Board, the Board may costs of any certified low emission vehicle

order the supplier to show cause why the will be made by the Administrator of vehicle involved should be eligible for General Services in accordance with such recertification.


A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the sub index volume to the Code of Federal Regulations which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of CFR Subtitles and Chapters
Redesignation Table
List of Sections Affected

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