hours of operation and the two best fit straight lines, fitted by the method of least squares, will be drawn through these data points.

(ii) The deterioration factors will be calculated as follows:

A percent opacity "a", interpolated to 1,000 hours, minus percent opacity "a", interpolated to 125 hours.

B= percent opacity "b", interpolated to 1,000 hours, minus percent opacity "b", interpolated to 125 hours.

(2) The "percent opacity" values to compare with the standards will be the average of the opacity values "a" and "b" for the emission data engines within

an engine family to which is added the respective factors A and B of subparagraph (1) of this paragraph for that family: Provided, That in the event that there is no durability data engine for a family of emission data engines (as might occur in the durability date engine selection process) the deterioration factor for an engine having the same combustion cycle and the same method of air aspiration and most nearly the same fuel feed per stroke shall be used in calculating emissions for such family of emission data engines.

[33 F.R. 8304, June 4, 1968, as amended at 34 F.R. 11097, July 1, 1969]

The provisions of this subpart are applicable to new motor vehicles and new motor vehicle engines which are subject to the standards prescribed in this part and are offered for importation into the United States for sale or resale. As used in this subpart, the term United States means the customs territory of the United States as defined in 19 U.S.C. 1202 and the Virgin Islands, Guam, and American Samoa.

§ 85.201 Admission of test vehicles or engines.

Any new motor vehicle or new motor vehicle engine offered for importation as a test vehicle or engine shall not be refused entry if the entry documents contain a declaration by the importer that such vehicle or engine is being supplied to the Secretary of Health, Education, and Welfare for certification testing pursuant to § 85.51.

§ 85.202 Admission of new motor vehicles and new motor vehicle engines covered by a certificate of formity.

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Any new motor vehicle or new motor vehicle engine which is in all material respects of substantially the same construction as the test vehicle or engine for which a certificate of conformity has been issued under § 85.52 shall not be refused admission into the United States if the entry documents include a declaration by the importer that such certificate of conformity has been issued, giving the number and date thereof, and that the new motor vehicle or new motor vehicle engine for which entry is requested is in all material respects of substantially the same construction as the test vehicle or engine for which the certificate was issued and is being entered during the period for which the certificate is effective.

§ 85.203 Admission of new motor vehicles and new motor vehicle engines not covered by a certificate of conformity at the time of entry.

(a) Any new motor vehicle or new motor vehicle engine which is in all material respects of substantially the same construction as a test vehicle or engine for which an application for certification is pending before the Secretary may be conditionally admitted in accordance with 19 CFR 12.73, but shall be refused final admission into the United States unless:

(1) Not later than 5 days following such conditional admission the importer has submitted to the Secretary a written request that such vehicle or engine be permitted entry pending certification of the test vehicle or engine to which such vehicle or engine conforms, which request shall contain the following:

(1) A statement that the vehicle or engine is in all material respects of substantially the same construction as a test vehicle or engine for which application for a certificate of conformity is pending before the Secretary;

(ii) Identification of the place where the vehicle or engine will be stored while certification is pending, and an acknowledgement of responsibility for the custody of the vehicle or engine during that period;

(2) The bonding and entry requirements of the Bureau of Customs set forth in 19 CFR 12.73 have been met; and

(3) The Secretary has issued the requested certificate of conformity.

(b) Any new motor vehicle or new motor vehicle engine which is not in all material respects of substantially the same construction as a test vehicle or engine for which a certificate of conformity has been issued may be conditionally admitted in accordance with 19 CFR 12.73, but shall be refused final admission into the United States unless:

(1) Not later than 5 days following such conditional admission the importer has submitted to the Secretary a written request that he be allowed to modify the vehicle or engine to make it conform to

applicable standards, which request shall contain the following:

(i) A statement, acceptable to the Secretary, specifying the modifications or alterations which are necessary to render the vehicle or engine in all material respects substantially the same construction as such test vehicle or engine;

(ii) The date by which the modifications or alterations will be accomplished, said date to be not later than 75 days from the date of entry, and the place where the vehicle or engine will be stored pending a determination of conformity under this paragraph;

(iii) An acknowledgement of responsibility for the custody of the vehicle or engine while the modifications or alterations are being made and while a determination of conformity is pending;

(iv) Authorization for representatives of the Department of Health, Education,

and Welfare to inspect the vehicle or engine at any reasonable time for the purpose of making a determination of conformity;

(2) The bonding and entry requirements of the Bureau of Customs set forth in 19 CFR 12.73 have been met; and

(3) The Secretary has issued to the importer a written determination of conformity, stating that the vehicle or engine is in all material respects of substantially the same construction as a test vehicle or engine for which a certificate of conformity has been issued. § 85.204 Prohibited importations.

The importation of new motor vehicles and new motor vehicle engines subject to the standards prescribed in this part, otherwise than in accordance with the provisions of this subpart, is prohibited.