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vehicle, engine or engine-transmission combination, give reasonable notice in writing and opportunity for a hearing to the applicant on such matters, and a statement, as applicable, of the grounds on which such certification is proposed to be denied or of the terms on which such certificate is proposed to be issued together with copies of any reports, data, or record of tests conducted by the Surgeon General which are considered to support the proposed action.
(b) A Presiding Officer will be designated by the Secretary for the purposes of the hearing either in the notice or after receipt of a request for a hearing.
(c) The General Counsel will represent the Department of Health, Education, and Welfare in any hearing under this subpart and will be deemed a party to all proceedings in connection with such hearing.
(d) A request for a hearing pursuant to notice given under paragraph (a) of this section shall be made in writing by an authorized representative of the applicant and shall be filed with the Secretary, or if a Presiding Officer has been designated, with such Officer, within the time allowed by such notice. The request shall specify which of the grounds or terms set out in the notice, or in the statement accompanying such notice, is claimed to be erroneous and the reasons therefor.
(e) A brief or memorandum of arguments in support of the applicant's position may be filed with the request for a hearing or within 15 days after the mailing or filing of the request.
(f) If a time and place for the hearing have not been fixed by the Secretary in the notice given under paragraph (a) of this section, the hearing shall be held as soon as practicable at a time and place fixed by the Secretary or by the Presiding Officer. $ 85.64 Hearing file.
(a) Upon receipt of a request for a hearing pursuant to this section, a hearing file will be established by the Presiding Officer. The file shall consist of the notice issued by the Secretary under $ 85.63 together with any accompanying material, the request for a hearing and the memorandum of arguments, if any, submitted therewith and all documents relating to the request for certification, including the application for certification and all documents sub
mitted therewith, and correspondence and other data material to the hearing.
(b) The appeal file will be available for inspection by the applicant at the office of the Presiding Officer. 8 85.65 Representation.
An applicant may appear in person, or may be represented by counsel or by any other duly authorized representative. $ 85.66 Prehearing conference.
(a) The Presiding Officer upon the request of any party, or in his discretion, may arrange for a prehearing conference at a time and place specified by him to consider the following:
(1) Simplification of the issues;
(2) Stipulations, admissions of fact, and the introduction of documents;
(3) Limitation of the number of expert witnesses;
(4) Possibility of agreement disposing of all or any of the issues in dispute;
(5) Such other matters as may aid in the disposition of the hearing, including such additional tests as may be agreed upon by the parties.
(b) The results of the conference shall be reduced to writing by the Presiding Officer and made a part of the record. § 85.67 Conduct of hearings.
(a) Hearings shall be conducted by the Presiding Officer in an informal but orderly and expeditious manner. The parties may offer oral or written evidence, subject to the exclusion by the Presiding Officer of irrelevant, immaterial and repetitious evidence.
(b) Witnesses will not be required to testify under oath. However, the Presiding Officer shall call to the attention of witnesses that their statements may be subject to the provisions of Title 18 U.S.C. 1001 which imposes penalties for knowingly making false statements or representations, or using false documents in any matter within the jurisdiction of any department or agency of the United States.
(c) Any witness may be examined or cross-examined by the Presiding Officer, the parties or their representatives.
(d) Hearings shall be reported verbatim. Copies of transcripts of proceedings may be purchased by the applicant from the reporter.
(e) All written statements, charts, tabulations, and similar data offered in
cedure yields single values for hydrocarbon and carbon monoxide concentrations from a given vehicle for comparison with the standards. However, the finding that the vehicle or engine operates within the standards is not judged on the basis of a single vehicle or single engine. Performance is judged on the basis of emissions of groups of test vehicles. $ 85.71 Fuel specifications.
(a) The following fuel specifications, or substantially equivalent specifications approved by the Surgeon General, will be used in emission testing. The type fuel recommended by the vehicle or engine manufacturer shall be used.
evidence at the hearing shall, upon a showing satisfactory to the Presiding Oficer of their authenticity, relevancy and materiality, be received in evidence and shall constitute a part of the record.
(f) Oral argument may be permitted in the discretion of the Presiding Officer and shall be reported as part of the record unless otherwise ordered by him. $ 85.68 Findings, recommendations and
decision. (a) The Presiding Officer shall submit written findings and recommendations to the Secretary. Such findings and recommendations shall be based upon the substantial evidence of record.
(b) The decision will be rendered by the Secretary. A copy of the decision shall be provided to the parties and shall be available for public inspection at the Office of the Chief, Division of Air Pollution, Public Health Service. Subpart—Test Procedure for Vehicle
Exhaust Emissions (Gasoline En
gines) $ 85.70 Introduction.
The following procedure will be used in the testing program under section 206 of the Act to determine the conformity of new motor vehicles and new motor vehicle engines with the standards set forth in this part.
(a) The test consists of a prescribed sequence of vehicle operating conditions on a chassis dynamometer with continuous sampling of the exhaust gases through an analytical train. The test is applicable to vehicles equipped with catalytic or direct-flame afterburners, induction system modifications, or other systems or devices, or to uncontrolled vehicles. The test applies to all passenger cars and light trucks up to and including one-half ton or equivalent.
(b) The basic test is designed to determine hydrocarbon and carbon monoxide concentrations for an "average" trip in a metropolitan area of about 17 minutes from a cold start. The test consists of two parts: 4 seven-mode warmup cycles and 3 seven-mode hot cycles (5th cycle not read). The average concentrations for the warmup cycles and the hot cycles are combined to yield the reported values.
(c) It will be noted that this test pro
3.. 4. 5. 6. 7.
0.042 2. (0-25)
.244 2. 2 ) 14 (25-30)
34 (2) 30
49 30-15 -1.4 11
.050 (15-30) 1. 2 12.5)
) 29 8. (30-50) 1.2
104 (2) 9.. 50-20 -1.2 25
0.029 10. 20-0 -2.5 8
137 (2) 1 On first cycle only idle engine in neutral at 1,000 to 1,200 rpm for 40 seconds. All subsequent idle periods will be as specified: in gear, at normal speed, and for 20 seconds. See $85. 77
Data not read.
(b) The following equipment shall be used for dynamometer tests:
(1) Chassis Dynamometer-equipped with power absorption unit and flywheels.
(2) Fan having sufficient capacity to maintain engine cooling during sustained operation on dynamometer. 8 85.73 Dynamometer procedure.
(a) The vehicle will be tested from a cold start. Four warmup cycles and 3 hot cycles make a complete test. (The fifth cycle is not read.)
(b) Special considerations:
(1) On rolls less than 20 inches in diameter, the rear tires shall be inflated to 45 p.s.i. pressure in order to prevent casing damage.
(2) The vehicle shall be nearly level when tested in order to prevent unusual fuel distribution from that normally observed.
(3) Test shall be made with hood up and fan directed at radiator. (Exception: air-cooled engines.) Alternate: hood down, proportional air blowing.
(4) Flywheels giving equivalent inertia as shown in the following table shall be used. Loaded vehicle
Equivalent Inertia weight, 16.1
1500 Up to 1750. 1751 to 2250_
2500 2251 to 27502751 to 3500.
4000 3501 to 4500.
2 4500) (4251-4750 4501 to 6000.-----
5000 1 To obtain car or 12-ton truck loaded weights, add 400 pounds to the published shipping weight. If published weight is unknown, add 300 pounds to the actual vehicle weight to determine weight category.
2500-pound increments may be optionally used if applied consistently.
(c) The power absorption unit shall be adjusted to produce road load at 50 m.p.h. To originally determine the horsepower setting on a particular dynamometer the following procedure shall be used:
(1) Select three vehicles at each of the following loaded weights: 1500, 3000, and 4000 lb.
(2) Determine intake manifold vacuum on each car at 50 m.p.h. on a level road (average of both directions, stabilized for a minimum of 15 sec.).
(3) Read the horsepower for each car at the determined intake manifold vacuum and 50 m.p.h. on the particular dynamometer.
(4) Average the three horsepowers measured for each weight class and use the appropriate average for setting dynamometer road load for all vehicles as follows:
Equivalent Loaded vehicle
vehicle weight, lb.
road load Less than 2250.
3000 Greater than 3500.-
4000 (d) Practice cycles shall be run to find the correct throttle action to allow completion of the accelerations in the specified time at the constant rates of acceleration specified. A manifold vacuum gauge or an acceleration meter may be used as driving aids. Preferably a tape recorded instruction playback or a pretraced speed VS. time recorder should be followed. Care should be taken to avoid throttle closures in the transition from acceleration to 30 cruise.
(e) The car speed (m.p.h.) as measured from the dynamometer rolls shall be used for all conditions. $ 85.74 Three-speed manual transmis.
sions. (a) All test conditions except as noted shall be run in highest gear.
(b) Cars equipped with overdrive units shall be tested with overdrive locked out of operation,
(c) Idle: Idle shall be run with transmission in gear and with clutch disengaged (except first idle; see $ 85.77).
(d) Cruise: The vehicle shall be driven at a constant throttle position to maintain the cruising speed. An engine tachometer and vacuum gauge may be used as driving aids.
(e) Acceleration: Modes shall be run at nearly constant acceleration with the shift speeds as indicated below (where
possible; if not, cut into time of next shall be reported in test results submode). Shifting shall be accomplished mitted under $ 85.61 and a copy of the rapidly to minimize closed-throttle time. applicable owner's operating manual
shall be submitted with such report. Mode
Shift speed 0-25 accel.
Shirt at 15 and 25.
$ 85.76 Automatic transmissions. 15-30 accel.--
Use highest gear.
(a) All test conditions should be run (f) Deceleration: The modes shall be with the transmission in “Drive" (high. run at closed throttle in high gear with est gear). clutch engaged, maintaining a constant
(b) Idle: Idle should be run with the deceleration rate by using the vehicle
transmission in “Drive" and the wheels brakes. For those modes which decel
braked (except first Idle; see $ 85.77). erate to zero, the clutch should be de
(c) Cruise: The vehicle should be pressed when speed drops below 15 m.p.h.
driven at constant throttle position to If the vehicle decelerates more rapidly maintain specified speed in highest gear. than required with no braking, the de
(d) Accelerations: Modes should be celerations should be made at closed
run at nearly constant acceleration althrottle even though less than the speci
lowing the transmission to shift autofied time is required. Indicate the end
matically through the normal sequence of the (50—0 or 30–15) deceleration, con
of gears. tinue at that speed until the specified
(e) Decelerations: These modes time has elapsed, then proceed with the
should be run at closed throttle, mainnext sequence.
taining a constant deceleration by using (g) Optional shift points: When rec
the vehicle brakes. If the vehicle deommended by the manufacturer in the
celerates more rapidly than required, the owner's operating manual, second gear
test should be run as for Manual Transmay be used in sequences 6 and 7 of
mission Vehicles (See § 85.74(f)). $ 85.72(a). If this option is utilized, it shall be reported in test results sub- $ 85.77 Engine starting. mitted under $ 85.61 and a copy of the
(a) The engine is to be started acapplicable owner's operating manual shall be submitted with such report.
cording to the manufacturer's recom
mended starting procedure and run in § 85.75 Four-speed manual transmis- the neutral position at about 1,100 sions.
r.p.m. (or maximum r.p.m. at which (a) Use the same procedure as 3-speed
clutch remains disengaged if automatimanual transmissions with the following
cally operated) for a total of 40 seconds.
(b) Put the transmission in gear so exceptions:
that the first acceleration can be started Mode
or gear used
at the end of 40 seconds. The emissions 0-25 accel.
15 and 25. for the first idle are to be read the last 30 cruise
3 seconds in neutral. This initial idle 30–15 decel.
replaces the idle in the first 7-mode cycle. 15 cruise
(c) To start manual choke vehicles, 15-30 accel..
3d gear. 30–50 accel.
3d to 4th gear
pull the choke out to 1/2 of its full manual at 40 m.p.h.
travel. Immediately after the start, 50–20 decel..---
push the choke in until the idle speed
is about 1,100 r.p.m. If the choke has no (b) If transmission ratio in first gear substantial effect on r.p.m., push the exceeds 5.0, follow the procedure for
choke in to the 14-out position. Near three-speed manual transmission vehi
the end of the first 15-50 acceleration cles as if the first gear did not exist.
run, push choke in all the way. (c) If an acceleration cannot be made
(d) In all of these sequences, the opwithin the specified time, reduce the time in the next steady speed mode to
erator may use more choke, more r.p.m., the extent necessary to compensate for
and decreased rate of acceleration, etc., time lost.
in the first cycle, where necessary to keep (d) Optional shift points: When rec- the engine running. ommended by the manufacturer in the
$ 85.78 Sampling and analytical system. owner's operating manual, second gear may be used in sequences 6 and 7 of (a) Schematic drawing: The follow$ 85.72(a). If this option is utilized, it ing figure (Figure 1) is a schematic
drawing of the exhaust gas sampling with a solenoid valve to shut off the and analytical system.
exhaust flow during decelerations and to (b) Equipment: The following equip- allow purge air to enter the sampling ment is used in the system:
train. The instrument operator should Exhaust gas sampling line to coarse filter:
anticipate high deceleration hydrocarStainless steel tubing (0.18'' ID).
bons and trigger the valve manually. Sampling lines to instruments: Stainless As a safeguard the meter relay is set to steel 0.18" ID with closely butted hydrocar- trigger the valve automatically at 1,750 bon resistant joints.
to 2,000 ppm on the high range hydroFilters:
carbon analyzer. (1-Coarse filter, glass wool in glass holder). (2-Paper extraction thimble filters, single
(3) Provision shall be made (not thickness, in glass holder).
shown in Figure 1) for the following: Condenser-4-5' Coll 0.18" ID S.S. tub- (i) Maintaining pressure constant at ing in water bath. An ice bath may be used entrance to instruments, particularly in condenser measuring low hydrocarbons. when running tailpipe device inlets The water bath in condenser measuring high (e.g. backpressure regulation by conhydrocarbons shall be at room temperature
trolled bleed off); (min. 60° F.). Solenoid valves-4" bore.
(ii) Maintaining constant flow rate Pumps, two: Capacity sufficient to meet through instruments (e.g. pressure drop test requirements.
regulator). Manometers, two.
(d) The following points shall be careCondensate traps, two.
fully followed when assembling the Analyzers, four: Nondispersive infrared type. (A useful reference on exhaust gas
equipment: content measurement has been issued by (1) Minimize length of all connecting Automobile Manufacturers Association, AMA lines, using stainless steel line and Engineering Notes 634, October 1963.)
closely-butted hydrocarbon resistant 2 Hydrocarbon analyzers (detectors sen- joints. sitized with 50 mm n-hexane). 1 Carbon monoxide analyzer.
(2) Locate instrumentation as close as 1 Carbon dioxide analyzer. (For best ac
possible to tailpipe. curacy in 10-15% CO, range of usual opera
(3) Check system for leaks. tion, higher than usual detector pressure (4) Ground all units electrically. is preferred.)
(e) Initial check of assembled equipFlowmeters, two_0–25 liters per minute
ment. capacity. Recorders, two dual.
(1) Turn on power and warm up Valves, S.S., 3-way
for calibrating analyzers (minimum 2 hours). (As a gases.
matter of good practice, power is left on Meter Relay, one 50 mv full scale.
continuously; but, when instruments are The Surgeon General will, upon request
not in use, chopper motor is turned off by a manufacturer, furnish a list of the
and should be turned on 30 min. before specific equipment used in Federal fa
testing.) cilities for testing under the regulations
(2) Check out all equipment accordIn this part.
ing to manufacturer's specifications. (c) Assembling equipment:
(3) Flow-through time for exhaust (1) The components are assembled as
gas sampling line should not exceed 1 shown in Figure 1 on following page.
second. There are two parallel sampling trains,
(4) Turn on analyzer pumps and adone supplying exhaust to the low range
just the flow rate through the low HC hydrocarbon analyzer and the other to
instrument to 7 liters per minute and the carbon dioxide, carbon monoxide, and
through the high HC instrument 3 liters high range hydrocarbon analyzers. per minute. Record manometer presWhile the latter is shown connected in sures while drawing air from the tailpipe series, parallel flow is also acceptable. end of sample line using analyzer pumps. Each train has its own secondary filter (5) Determine “hangup" in system as and pump.
These pumps are down- described in $ 85.81. stream from the analyzers to minimize (f) Preventive Maintenance. This in“hangup.” Provision is also made for cludes cleaning sampling system, servicintroducing nitrogen and calibrating gas ing pumps, filters, recorders, and analyzinto each train.
ers. Servicing frequency depends on to(2) The train containing the low tal operating time. (See discussion of range hydrocarbon analyzer is equipped hangup.)