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.

§ 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

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

(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.

§ 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 (Exand fan directed at radiator. ception: air-cooled engines.) Alternate: hood down, proportional air blowing.

(4) Flywheels giving equivalent inertia as shown in the following table shall be used.

Equivalent Inertia Wheels, lb.

1500

2000

2500

3000

23500)

4000 2 4500) 5000

1 To obtain car or 2-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:

(e) The car speed (m.p.h.) as measured from the dynamometer rolls shall be used for all conditions.

§ 85.74 Three-speed manual transmissions.

(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

(f) Deceleration: The modes shall be run at closed throttle in high gear with clutch engaged, maintaining a constant deceleration rate by using the vehicle brakes. For those modes which decelerate to zero, the clutch should be depressed when speed drops below 15 m.p.h.

If the vehicle decelerates more rapidly than required with no braking, the decelerations should be made at closed throttle even though less than the specified time is required. Indicate the end of the (50-0 or 30-15) deceleration, continue at that speed until the specified time has elapsed, then proceed with the next sequence.

(g) Optional shift points: When recommended by the manufacturer in the owner's operating manual, second gear may be used in sequences 6 and 7 of § 85.72(a). If this option is utilized, it shall be reported in test results submitted under § 85.61 and a copy of the applicable owner's operating manual shall be submitted with such report.

§ 85.75 Four-speed manual transmissions.

(a) Use the same procedure as 3-speed manual transmissions with the following exceptions:

(b) If transmission ratio in first gear exceeds 5.0, follow the procedure for three-speed manual transmission vehicles as if the first gear did not exist.

(c) If an acceleration cannot be made within the specified time, reduce the time in the next steady speed mode to the extent necessary to compensate for time lost.

(d) Optional shift points: When recommended by the manufacturer in the owner's operating manual, second gear may be used in sequences 6 and 7 of § 85.72(a). If this option is utilized, it

shall be reported in test results submitted under § 85.61 and a copy of the applicable owner's operating manual shall be submitted with such report.

§ 85.76

Automatic transmissions.

(a) All test conditions should be run with the transmission in "Drive" (highest gear).

(b) Idle: Idle should be run with the transmission in "Drive" and the wheels braked (except first idle; see § 85.77).

(c) Cruise: The vehicle should be driven at constant throttle position to maintain specified speed in highest gear.

(d) Accelerations: Modes should be run at nearly constant acceleration allowing the transmission to shift automatically through the normal sequence of gears.

(e) Decelerations: These modes should be run at closed throttle, maintaining a constant deceleration by using the vehicle brakes. If the vehicle decelerates more rapidly than required, the test should be run as for Manual Transmission Vehicles (See § 85.74(f)).

§ 85.77 Engine starting.

(a) The engine is to be started according to the manufacturer's recommended starting procedure and run in the neutral position at about 1,100 r.p.m. (or maximum r.p.m. at which clutch remains disengaged if automatically operated) for a total of 40 seconds.

(b) Put the transmission in gear so that the first acceleration can be started at the end of 40 seconds. The emissions for the first idle are to be read the last 3 seconds in neutral. This initial idle replaces the idle in the first 7-mode cycle.

(c) To start manual choke vehicles, pull the choke out to 1⁄2 of its full manual travel. Immediately after the start, push the choke in until the idle speed is about 1,100 r.p.m. If the choke has no substantial effect on r.p.m., push the choke in to the 14-out position. Near the end of the first 15-50 acceleration run, push choke in all the way.

(d) In all of these sequences, the operator may use more choke, more r.p.m., and decreased rate of acceleration, etc., in the first cycle, where necessary to keep the engine running.

§ 85.78 Sampling and analytical system.

(a) Schematic drawing: The following figure (Figure 1) is a schematic

Recorders, two dual. Valves,

gases.

S.S., 3-way for calibrating

Meter Relay, one 50 mv full scale. The Surgeon General will, upon request by a manufacturer, furnish a list of the specific equipment used in Federal facilities for testing under the regulations in this part.

(c) Assembling equipment:

(1) The components are assembled as shown in Figure 1 on following page. There are two parallel sampling trains, one supplying exhaust to the low range hydrocarbon analyzer and the other to the carbon dioxide, carbon monoxide, and high range hydrocarbon analyzers. While the latter is shown connected in series, parallel flow is also acceptable. Each train has its own secondary filter and pump. These pumps are downstream from the analyzers to minimize "hangup." Provision is also made for introducing nitrogen and calibrating gas into each train.

(2) The train containing the low range hydrocarbon analyzer is equipped

with a solenoid valve to shut off the exhaust flow during decelerations and to allow purge air to enter the sampling train. The instrument operator should anticipate high deceleration hydrocarbons and trigger the valve manually. As a safeguard the meter relay is set to trigger the valve automatically at 1,750 to 2,000 ppm on the high range hydrocarbon analyzer.

(3) Provision shall be made (not shown in Figure 1) for the following:

(i) Maintaining pressure constant at entrance to instruments, particularly when running tailpipe device inlets (e.g. backpressure regulation by controlled bleed off);

(ii) Maintaining constant flow rate through instruments (e.g. pressure drop regulator).

(d) The following points shall be carefully followed when assembling the equipment:

(1) Minimize length of all connecting lines, using stainless steel line and closely-butted hydrocarbon resistant joints.

(2) Locate instrumentation as close as possible to tailpipe.

(3) Check system for leaks.

(4) Ground all units electrically.

(e) Initial check of assembled equipment.

(1) Turn on power and warm up analyzers (minimum 2 hours). (As a matter of good practice, power is left on continuously; but, when instruments are not in use, chopper motor is turned off and should be turned on 30 min. before testing.)

(2) Check out all equipment according to manufacturer's specifications.

(3) Flow-through time for exhaust gas sampling line should not exceed 1 second.

(4) Turn on analyzer pumps and adjust the flow rate through the low HC instrument to 7 liters per minute and through the high HC instrument 3 liters per minute. Record manometer pressures while drawing air from the tailpipe end of sample line using analyzer pumps. (5) Determine "hangup" in system as described in § 85.81.

(f) Preventive Maintenance. This includes cleaning sampling system, servicing pumps, filters, recorders, and analyzers. Servicing frequency depends on total operating time. (See discussion of hangup.)