[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2010 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Part 85 to Sec. 86.599-99
Revised as of July 1, 2010
Protection of Environment
________________________
Containing a codification of documents of general
applicability and future effect
As of July 1, 2010
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 725
Alphabetical List of Agencies Appearing in the CFR...... 745
List of CFR Sections Affected........................... 755
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 85.501 refers
to title 40, part 85,
section 501.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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OMB CONTROL NUMBERS
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collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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(c) The incorporating document is drafted and submitted for
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[[Page vii]]
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Director,
Office of the Federal Register.
July 1, 2010.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-two
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts
72-80, parts 81-84, part 85-Sec. 86.599-99, part 86 (86.600-1-end of
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189,
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2010.
Chapter I--Environmental Protection Agency appears in all thirty-two
volumes. Regulations issued by the Council on Environmental Quality,
including an Index to Parts 1500 through 1508, appear in the volume
containing part 1000 to end. The OMB control numbers for title 40 appear
in Sec. 9.1 of this chapter.
For this volume, Robert J. Sheehan, III was Chief Editor. The Code
of Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 85 to Sec. 86.599-99)
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Part
chapter i--Environmental Protection Agency (Continued)...... 85
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
85 Control of air pollution from mobile sources 5
86 Control of emissions from new and in-use
highway vehicles and engines............ 144
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 85_CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
Subparts A-E [Reserved]
Subpart F_Exemption of Aftermarket Conversions From Tampering
Prohibition
Sec.
85.501 General applicability.
85.502 Definitions.
85.503 Conditions of exemption.
85.504 Applicable standards.
85.505 Labeling.
Subparts G-N [Reserved]
Subpart O_Urban Bus Rebuild Requirements
85.1401 General applicability.
85.1402 Definitions.
85.1403 Particulate standard for pre-1994 model year urban buses
effective at time of engine rebuild or engine replacement.
85.1404 Maintenance of records for urban bus operators; submittal of
information; right of entry.
85.1405 Applicability.
85.1406 Certification.
85.1407 Notification of intent to certify.
85.1408 Objections to certification.
85.1409 Warranty.
85.1410 Changes after certification.
85.1411 Labeling requirements.
85.1412 Maintenance and submittal of records for equipment certifiers.
85.1413 Decertification.
85.1414 Alternative test procedures.
85.1415 Treatment of confidential information.
Subpart P_Importation of Motor Vehicles and Motor Vehicle Engines
85.1501 Applicability.
85.1502 Definitions.
85.1503 General requirements for importation of nonconforming vehicles
and engines.
85.1504 Conditional admission.
85.1505 Final admission of certified vehicles.
85.1506 Inspection and testing of imported motor vehicles and engines.
85.1507 Maintenance of certificate holder's records.
85.1508 ``In Use'' inspections and recall requirements.
85.1509 Final admission of modification and test vehicles.
85.1510 Maintenance instructions, warranties, emission labeling and fuel
economy requirements.
85.1511 Exemptions and exclusions.
85.1512 Admission of catalyst and O2 sensor-equipped
vehicles.
85.1513 Prohibited acts; penalties.
85.1514 Treatment of confidential information.
85.1515 Emission standards and test procedures applicable to imported
nonconforming motor vehicles and motor vehicle engines.
Subpart Q [Reserved]
Subpart R_Exclusion and Exemption of Motor Vehicles and Motor Vehicle
Engines
85.1701 General applicability.
85.1702 Definitions.
85.1703 Definition of motor vehicle.
85.1704 Who may request an exemption.
85.1705 Testing exemption.
85.1706 Pre-certification exemption.
85.1707 Display exemption.
85.1708 National security exemption.
85.1709 Export exemptions.
85.1710 Granting of exemptions.
85.1711 Submission of exemption requests.
85.1712 Treatment of confidential information.
85.1713 Delegated-assembly exemption.
85.1714 Replacement-engine exemption.
85.1715 Aircraft meeting the definition of motor vehicle.
Subpart S_Recall Regulations
85.1801 Definitions.
85.1802 Notice to manufacturer of nonconformity; submission of Remedial
Plan.
85.1803 Remedial Plan.
85.1804 Approval of Plan: Implementation.
85.1805 Notification to vehicle or engine owners.
85.1806 Records and reports.
85.1807 Public hearings.
85.1808 Treatment of confidential information.
Appendix A to Subpart S--Interpretive Ruling for Sec. 85.1803--Remedial
Plans
Subpart T_Emission Defect Reporting Requirements
85.1901 Applicability.
85.1902 Definitions.
85.1903 Emissions defect information report.
85.1904 Voluntary emissions recall report; quarterly reports.
85.1905 Alternative report formats.
85.1906 Report filing: Record retention.
85.1907 Responsibility under other legal provisions preserved.
85.1908 Disclaimer of production warranty applicability.
[[Page 6]]
85.1909 Treatment of confidential information.
Subpart U [Reserved]
Subpart V_Emissions Control System Performance Warranty Regulations and
Voluntary Aftermarket Part Certification Program
85.2101 General applicability.
85.2102 Definitions.
85.2103 Emission performance warranty.
85.2104 Owners' compliance with instructions for proper maintenance and
use.
85.2105 Aftermarket parts.
85.2106 Warranty claim procedures.
85.2107 Warranty remedy.
85.2108 Dealer certification.
85.2109 Inclusion of warranty provisions in owners' manuals and warranty
booklets.
85.2110 Submission of owners' manuals and warranty statements to EPA.
85.2111 Warranty enforcement.
85.2112 Applicability.
85.2113 Definitions.
85.2114 Basis of certification.
85.2115 Notification of intent to certify.
85.2116 Objections to certification.
85.2117 Warranty and dispute resolution.
85.2118 Changes after certification.
85.2119 Labeling requirements.
85.2120 Maintenance and submittal of records.
85.2121 Decertification.
85.2122 Emission-critical parameters.
85.2123 Treatment of confidential information.
Appendix I to Subpart V--Recommended Test Procedures and Test Criteria
and Recommended Durability Procedures To Demonstrate
Compliance With Emission Critical Parameters
Appendix II to Subpart V--Arbitration Rules
Subpart W_Emission Control System Performance Warranty Short Tests
85.2201 Applicability.
85.2202 General provisions.
85.2203 Short test standards for 1981 and later model year light-duty
vehicles.
85.2204 Short test standards for 1981 and later model year light-duty
trucks.
85.2205-85.2206 [Reserved]
85.2207 On-board diagnostics test standards.
85.2208 Alternative standards and procedures.
85.2209 2500 rpm/idle test--EPA 81.
85.2210 Engine restart 2500 rpm/idle test--EPA 81.
85.2211 Engine restart idle test--EPA 81.
85.2212 Idle test--EPA 81.
85.2213 Idle test--EPA 91.
85.2214 Two speed idle test--EPA 81.
85.2215 Two speed idle test--EPA 91.
85.2216 Loaded test--EPA 81.
85.2217 Loaded test--EPA 91.
85.2218 Preconditioned idle test--EPA 91.
85.2219 Idle test with loaded preconditioning--EPA 91.
85.2220 Preconditioned two speed idle test--EPA 91.
85.2221 [Reserved]
85.2222 On-board diagnostic test procedures.
85.2223 On-board diagnostic test report.
85.2224 Exhaust analysis system--EPA 81.
85.2225 Steady state test exhaust analysis system--EPA 91.
85.2226-85.2228 [Reserved]
85.2229 Dynamometer--EPA 81.
85.2230 Steady state test dynamometer--EPA 91.
85.2231 On-board diagnostic test equipment requirements.
85.2232 Calibrations, adjustments--EPA 81.
85.2233 Steady state test equipment calibrations, adjustments, and
quality control--EPA 91.
85.2234-85.2236 [Reserved]
85.2237 Test report--EPA 81.
85.2238 Test report--EPA 91.
Subpart X_Determination of Model Year for Motor Vehicles and Engines
Used in Motor Vehicles Under Section 177 and Part A of Title II of the
Clean Air Act
85.2301 Applicability.
85.2302 Definition of model year.
85.2303 Duration of model year.
85.2304 Definition of production period.
85.2305 Duration and applicability of certificates of conformity.
Subpart Y_Fees for the Motor Vehicle and Engine Compliance Program
85.2401 Assessment of fees.
Appendixes I-VII to Part 85 [Reserved]
Appendix VIII to Part 85--Vehicle and Engine Parameters and
Specifications
Authority: 42 U.S.C. 7401-7671q.
Subparts A-E [Reserved]
Subpart F_Exemption of Aftermarket Conversions From Tampering
Prohibition
Source: 59 FR 48490, Sept. 21, 1994, unless otherwise noted.
Sec. 85.501 General applicability.
(a) Sections 85.502 through 85.505 are applicable to aftermarket
conversion systems for which an enforcement exemption is sought from the
tampering
[[Page 7]]
prohibitions contained in section 203 of the Act.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles
under the provisions of 40 CFR part 86, subpart S.
[65 FR 59943, Oct. 6, 2000]
Sec. 85.502 Definitions.
(a) The Act means the Clean Air Act as amended (42 U.S.C. 7501 et
seq.).
(b) Administrator means the Administrator of the Environmental
Protection Agency or his or her authorized representative.
(c) Aftermarket conversion system means any combination of hardware,
including but not limited to fuel storage and fuel metering hardware,
which is installed on a light-duty vehicle, light-duty truck, heavy-duty
vehicle, or heavy-duty engine with the effect of allowing the vehicle or
engine to operate on a fuel other than the fuel which the vehicle or
engine was originally certified to use. Components which do not affect
the emissions performance of the converted vehicle or engine, as
determined by the Administrator, are not included for the purposes of
this subpart.
(d) Aftermarket conversion installer means any company or individual
which installs an aftermarket conversion system on a light-duty vehicle,
light-duty truck, heavy-duty vehicle, or heavy-duty engine with the
effect of allowing the vehicle or engine to operate on a fuel other than
the fuel which the vehicle or engine was originally certified to use.
(e) Aftermarket conversion certifier means any company or individual
which assembles the various aftermarket conversion hardware components
into a particular combination or configuration and certifies that
combination or configuration according to the provisions of this
subpart.
(f) Model Year means the manufacturer's annual production period (as
determined by the Administrator) which includes January 1 of such
calendar year: Provided, That if the manufacturer has no annual
production period, the term model year shall mean the calendar year.
Sec. 85.503 Conditions of exemption.
(a) As a condition of receiving an enforcement exemption from the
tampering prohibitions contained in section 203 of the Act, an
aftermarket conversion certifier must certify the aftermarket conversion
system, using the applicable procedures in part 86 of this chapter, and
meeting the applicable standards and requirements in Sec. Sec. 85.504
and 85.505, and accept liability for in-use performance of the
aftermarket conversion system as outlined in this part.
(b) As a condition of receiving an enforcement exemption from the
tampering prohibitions contained in section 203 of the Act, an
aftermarket conversion installer must:
(1) Install a conversion which has been certified as a new vehicle
or engine, using the applicable procedures in part 86 of this chapter,
and meeting the applicable standards and requirements in Sec. Sec.
85.504 and 85.505; and
(2) Accept liability for in-use performance of the aftermarket
conversion system as outlined in this part.
Sec. 85.504 Applicable standards.
(a) The emission standards applicable to conversions of 1993 and
later model year vehicles and engines are:
(1) All of the requirements that would apply if the conversion were
being certified as if it were a new vehicle or engine.
(2) If a vehicle or engine to be converted was originally certified
to a NOX or particulate family emission limit other than the
applicable new vehicle NOX or particulate standard, the
family emission limit is the applicable standard.
(b) The emission standards applicable to conversions of 1992 and
earlier model year vehicles and engines are:
(1) Exhaust hydrocarbons (as applicable by fuel type). The Tier 0
hydrocarbon standards, as applicable by vehicle class, contained in
Sec. Sec. 86.094-8 and 86.094-9 of this chapter, and the hydrocarbon
standards, as applicable by engine class, contained in Sec. Sec.
86.094-10 and 86.094-11 of this chapter;
[[Page 8]]
(2) CO, NOX and particulate. The applicable CO, NOX and
particulate standards or NOX and particulate family emission
limits the vehicle or engine was originally certified as meeting;
(3) Evaporative hydrocarbons. Any evaporative requirements
applicable to the original vehicle or engine will remain applicable to
the conversion if the converted vehicle or engine retains the ability to
operate on the fuel which it was designed and certified to use.
Sec. 85.505 Labeling.
(a) The aftermarket conversion certifier shall provide with each
aftermarket conversion system a supplemental emission control
information label, which shall be affixed by the aftermarket conversion
installer in a permanent manner to each converted vehicle, in a location
adjacent to the original emission control information label required in
Sec. 86.092-35 of this chapter. If the supplemental label cannot be
placed adjacent to the original label, it shall be placed in a location
where it will be seen by a person viewing the original label.
(b) The supplemental label shall be affixed in such a manner that it
cannot be removed without destroying or defacing the label. The label
shall not be affixed to any equipment which is easily detached from the
vehicle.
(c) The supplemental label shall clearly state that the vehicle has
been equipped with an aftermarket conversion system designed to allow it
to operate on a fuel other than the fuel it was originally manufactured
to operate on, and shall identify the fuel(s) which the vehicle is
designed to use.
(d) The supplemental label shall show the vehicle model year; the
aftermarket conversion certifier's name, address and telephone number;
the installer's name, address, and telephone number; the date on which
the aftermarket conversion system was installed; the mileage of the
vehicle at the time of the conversion; and shall state that the
converted vehicle complies with federal emission requirements.
(e) The supplemental label shall list any original parts that were
removed during installation of the aftermarket conversion system, as
well as any changes in tune-up specifications required for the
aftermarket conversion system.
Subparts G-N [Reserved]
Subpart O_Urban Bus Rebuild Requirements
Source: 58 FR 21386, Apr. 21, 1993, unless otherwise noted.
Sec. 85.1401 General applicability.
The requirements of this subpart shall be applicable to 1993 and
earlier model year urban buses operating in consolidated metropolitan
statistical areas and metropolitan statistical areas with a 1980
population of 750,000 or more that have their engines rebuilt or
replaced after January 1, 1995.
Sec. 85.1402 Definitions.
The definitions of this section apply to this subpart.
Agency means the Environmental Protection Agency.
Certified equipment or Retrofit/Rebuild Equipment means equipment
certified in accordance with the certification regulations contained in
this subpart.
Emission related parts means those parts installed for the specific
purpose of controlling emissions or those components, systems, or
elements of design which must function properly to assure continued
emission compliance.
Engine configuration means the set of components, tolerances,
specifications, design parameters, and calibrations related to the
emissions performance of the engine and specific to a subset of an
engine family having a unique combination of displacement, fuel
injection calibration, auxiliary emission control devices and emission
control system components.
Engine rebuild means an activity, occurring over one or more
maintenance events, involving:
(1) Disassembly of the engine including the removal of the cylinder
head(s); and
(2) The replacement or reconditioning of more than one major
cylinder component in more than half of the cylinders.
[[Page 9]]
Engine replacement means the removal of an engine from the coach
followed by the installation of another engine.
In-use compliance period for purposes of in-use testing means a
period of 150,000 miles.
Maintenance event means a single maintenance activity for which the
engine is removed from service. Once the engine is returned to service,
the maintenance event is considered done.
Major cylinder component means piston assembly, cylinder liner,
connecting rod, or piston ring set.
MOD Director means Director of Manufacturers Operations Division,
Office of Mobile Sources--Office of Air and Radiation of the
Environmental Protection Agency.
Office Director means the Director for the Office of Mobile
Sources--Office of Air and Radiation of the Environmental Protection
Agency or an authorized representative of the Office Director.
Operator means transit authority, state, city department, or private
or public entity controlling the use of one or more urban buses.
Original engine configuration means the engine configuration at time
of initial sale.
Original equipment part means a part present in or on an engine at
the time an urban bus is originally sold to the ultimate purchaser.
Scheduled maintenance means those maintenance events required by the
equipment certifier in order to ensure that the retrofitted engine will
maintain its emissions performance over the in-use compliance period.
Urban bus has the meaning set forth in Sec. 86.091-2 of this
chapter.
Written instructions for proper maintenance and use means those
maintenance and operation instructions specified in the warranty as
being necessary to assure compliance of the retrofit/rebuild equipment
with applicable emission standards for the in-use compliance period.
Sec. 85.1403 Particulate standard for pre-1994 model year urban buses
effective at time of engine rebuild or engine replacement.
(a) Operators of urban buses in areas described in Sec. 85.1401
shall be in compliance with one of the two programs described in
paragraphs (b) and (c) of this section. An operator may switch between
programs from year to year only if the operator has been in compliance
with all the requirements of the newly chosen program at all times
between January 1, 1995 and the date on which the operator chooses to
switch programs.
(b) Program 1: Performance based requirement. Program 1 requires
that affected urban buses meet a particulate standard of 0.10 g/bhp-hr
effective at time of engine rebuild or replacement and thereafter. The
requirement to meet the 0.10 g/bhp-hr standard is automatically waived
if no equipment has been certified that meets the 0.10 g/bhp-hr standard
and has a life cycle cost of $7,940 or less (in 1992 dollars) for the
engine being rebuilt. Program 1 contains fallback requirements for
engines for which the 0.10 g/bhp-hr standard is waived. Such urban bus
engines must receive equipment that provides a 25 percent reduction in
particulate emissions relative to the particulate level of the original
engine configuration. This 25 percent reduction requirement is
automatically waived if no equipment has been certified for the engine
being rebuilt that provides a 25 percent reduction in particulate
emissions and has a life cycle cost $2,000 or less (in 1992 dollars). In
cases where equipment is not available to either meet a 0.10 g/bhp-hr
standard for less than the applicable cost ceiling or achieve a 25
percent reduction for less than the applicable cost ceiling, the urban
bus is required to be equipped with an engine rebuilt to the original
engine configuration or a configuration certified to have a particulate
level lower than that of the original engine configuration.
(1) Exhaust emissions from any urban bus for which this subpart is
applicable shall not exceed a particulate standard of 0.10 grams per
brake horsepower-hour (0.037 grams per megajoule) if equipment is
available for the engine model of such urban bus at time of engine
rebuild or engine replacement, as specified in paragraph (b)(1)(i) of
this section.
(i) Equipment is available for a particular engine model if
equipment has
[[Page 10]]
been certified to a particulate standard of 0.10 grams per brake
horsepower-hour (0.037 grams per megajoule), and the equipment for the
engine model has been approved for certification for six months or more,
and has a life cycle cost as determined under paragraph (b)(1)(ii) of
this section that does not exceed the life cycle cost ceiling specified
in paragraph (b)(1)(iii) of this section.
(ii) The life cycle cost of equipment is equal to the sum of the
purchase price, the installation cost, the incremental fuel cost, the
cost of any fuel additives required, and the incremental maintenance
cost associated with the equipment each as defined in paragraphs
(b)(1)(ii)(A) through (b)(1)(ii)(E) of this section minus an engine
replacement credit as defined in paragraph (b)(1)(ii)(F) of this section
if the equipment replaces an existing engine with a new engine.
(A) The purchase price is defined as the price at which the
equipment (including all parts necessary to install and operate the
equipment properly) is offered to the operator. The purchase price
excludes reasonable shipping and handling fees and taxes, and equipment
costs incurred by the urban bus operator for a standard rebuild.
(B)(1) The installation cost is defined as the labor cost of
installing the equipment on an urban bus engine, incremental to a
standard rebuild, based on a labor rate of $35 per hour. The
installation cost is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.007
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(2) The estimated number of hours necessary to install the equipment
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(C) The incremental fuel cost is defined as the increased fuel costs
or the fuel savings due to the use of the equipment. (By definition,
fuel savings will be negative values.) The calculation of incremental
fuel cost will depend on the type of equipment being installed.
(1)(i) For equipment not requiring a change from on road federal
diesel fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.008
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(ii) The percent change in fuel economy will be determined as part
of the equipment certification process, as detailed in Sec. 85.1407. If
equipment causes the fuel economy of the engine to increase, the value
of the fuel economy % reduction in the above equation shall be a
negative value.
[[Page 11]]
(2) For equipment requiring a fuel other than on-road federal diesel
fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.009
Where,
[GRAPHIC] [TIFF OMITTED] TN30AU93.010
(i) For equipment/alternative fuel that is being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the discounted lifetime mileage is 129,104
miles. For equipment/alternative fuel that is not being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the discounted lifetime mileage is based on the
age of the urban bus engine being rebuilt as specified in the following
table:
------------------------------------------------------------------------
Discounted
Age of engine at time of rebuild lifetime
miles
------------------------------------------------------------------------
5 Years................................................... 229,478
6 Years................................................... 204,881
7 Years................................................... 180,703
8 Years................................................... 155,902
9 Years................................................... 131,505
10 Years.................................................. 109,680
11 Years.................................................. 90,608
12 Years.................................................. 70,200
13 Years.................................................. 48,364
14 Years.................................................. 25,000
15 or more Years.......................................... 0
------------------------------------------------------------------------
(ii) The cost per mile for diesel fuel is calculated based on the
following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.011
(iii) For equipment/alternative fuel that is being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the price of diesel fuel per gallon, excluding
taxes, is $0.72 x (CPIR/CPI1992). For equipment/
alternative fuel that is not being certified under Sec. 85.1407 as
available to all affected operators for less than the life cycle cost
ceiling, the price of diesel fuel per gallon, excluding taxes, is the
price at which the operator currently purchases diesel fuel, excluding
taxes.
(iv) The cost per mile for alternative fuels is calculated based on
the following equation:
[[Page 12]]
[GRAPHIC] [TIFF OMITTED] TN30AU93.012
(v) In order for the equipment/alternative fuel to be required, the
fuel supplier must provide a contract to the urban bus operator
specifying the cost of the fuel for the life of the engine being
retrofitted. The contract must specify the maximum incremental cost,
compared to the cost of diesel fuel on a per mile basis, at which the
fuel will be sold. As part of the contract, the fuel supplier must also
provide on-site facilities, meeting all applicable safety and fire code
requirements, for refueling the urban bus engines being retrofitted,
unless the operator already has sufficient refueling facilities or the
operator agrees to use off-site refueling facilities.
(vi) The fuel economy of the engine retrofitted with the equipment
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(D) For equipment requiring the use of a fuel additive, the fuel
additive cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.013
(1) For diesel-fueled engines, the fuel economy of the engine is 3.3
miles per gallon. For alternatively-fueled engines, the fuel economy of
the engine shall be determined as part of the equipment certification
process, as detailed in Sec. 85.1407.
(2) For equipment/fuel additive that is being certified under Sec.
85.1407 as available to all affected operators for less than the life
cycle cost ceiling, the discounted lifetime mileage is 129,104 miles.
For equipment/fuel additive that is not being certified under Sec.
85.1407 as available to all affected operators for less than the life
cycle cost ceiling, the discounted lifetime mileage is based on the age
of the urban bus engine being rebuilt as specified in the following
table:
------------------------------------------------------------------------
Discounted
Age of engine at time of rebuild lifetime
miles
------------------------------------------------------------------------
5 Years................................................... 229,478
6 Years................................................... 204,881
7 Years................................................... 180,703
8 Years................................................... 155,902
9 Years................................................... 131,505
10 Years.................................................. 109,680
11 Years.................................................. 90,608
12 Years.................................................. 70,200
13 Years.................................................. 48,364
14 Years.................................................. 25,000
15 or more Years.......................................... 0
------------------------------------------------------------------------
(3) The price of the fuel additive is the price at which the fuel
additive supplier supplies the fuel additive to the urban bus operator.
In order for the equipment/fuel additive to be required, the equipment/
fuel additive supplier must provide a contract to the urban
[[Page 13]]
bus operator specifying the maximum cost at which the fuel additive will
be sold for the life of the engine being retrofitted.
(4) The amount of fuel additive required per gallon of diesel fuel
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(E) The incremental maintenance cost of the equipment is equal to
the cost of the parts necessary for scheduled maintenance of the
retrofit equipment incremental to cost of the parts necessary for
maintenance of an original, non-retrofitted engine. The incremental
maintenance cost will be determined as part of the equipment
certification process, as detailed in Sec. 85.1407.
(F) For equipment which replaces an existing urban bus engine with a
new, previously unused engine, a credit will be applied to the life
cycle cost. The engine replacement credit will be determined as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.014
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CP11992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(iii) The life cycle cost ceiling for complying with the 0.10 grams
per brake horsepower-hour (0.037 grams per megajoule) particulate
rebuild standard is calculated by the following equation at the time of
rebuild:
[GRAPHIC] [TIFF OMITTED] TN30AU93.015
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(2) If no equipment meets the provisions of paragraph (b)(1) of this
section for a particular model of urban bus engine, then any urban bus
for which this subpart is applicable shall use equipment that has been
certified to achieve at least a 25 percent reduction in particulate
emissions from the original certified particulate emission level of the
urban bus engine model being rebuilt, if such equipment is available as
specified in paragraph (b)(2)(i) of this section. If no certification
data exists for the emission level of the original urban bus engine
configuration as initially certified, then other test data collected
over the heavy-duty engine Federal Test Procedure, or an approved
alternative test procedure prescribed under Sec. 85.1414, may be
considered in determining the percent reduction.
(i) Equipment is available for a particular engine model if
equipment has been certified to achieve at least a 25 percent reduction
in particulate emissions from original levels, and the equipment for the
engine model has been approved for certification for six months or more,
and has a life cycle cost as determined under paragraph (b)(2)(ii) of
this section that does not exceed the life cycle cost ceiling specified
in paragraph (b)(2)(iii) of this section.
(ii) The life cycle cost of equipment is equal to the sum of the
purchase price, the installation cost, the incremental fuel cost, the
cost of any fuel additives required, and the incremental maintenance
cost associated with the equipment each as defined in paragraphs
(b)(2)(ii)(A) through (b)(2)(ii)(E)
[[Page 14]]
of this section minus an engine replacement credit as defined in
paragraph (b)(2)(ii)(F) of this section if the equipment replaces an
existing engine with a new engine.
(A) The purchase price is defined as the price at which the
equipment (including all parts necessary to install and operate the
equipment properly) is offered to the operator. The purchase price
excludes reasonable shipping and handling fees and taxes, and equipment
costs incurred by the urban bus operator for a standard rebuild.
(B)(1) The installation cost is defined as the labor cost of
installing the equipment on an urban bus engine, incremental to a
standard rebuild, based on a labor rate of $35 per hour. The
installation cost is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.016
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(2) The estimated number of hours necessary to install the equipment
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(C) The incremental fuel cost is defined as the increased fuel costs
or the fuel savings due to the use of the equipment. (By definition,
fuel savings will be negative values.) The calculation of incremental
fuel cost will depend on the type of equipment being installed.
(1)(i) For equipment not requiring a change from on road federal
diesel fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.017
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(ii) The percent change in fuel economy will be determined as part
of the equipment certification process, as detailed in Sec. 85.1407. If
equipment causes the fuel economy of the engine to increase, the value
of the fuel economy % reduction in the above equation shall be a
negative value.
(2) For equipment requiring a fuel other than on road federal diesel
fuel, the incremental fuel cost shall be calculated as follows:
[[Page 15]]
[GRAPHIC] [TIFF OMITTED] TN30AU93.018
Where,
[GRAPHIC] [TIFF OMITTED] TN30AU93.019
(i) For equipment/alternative fuel that is being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the discounted lifetime mileage is 129,104
miles. For equipment/alternative fuel that is not being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the discounted lifetime mileage is based on the
age of the urban bus engine being rebuilt as specified in the following
table:
------------------------------------------------------------------------
Discounted
Age of engine at time of rebuild lifetime
miles
------------------------------------------------------------------------
5 years.................................................... 229,478
6 years.................................................... 204,881
7 years.................................................... 180,703
8 years.................................................... 155,902
9 years.................................................... 131,505
10 years................................................... 109,680
11 years................................................... 90,608
12 years................................................... 70,200
13 years................................................... 48,364
14 years................................................... 25,000
15 or more years........................................... 0
------------------------------------------------------------------------
(ii) The cost per mile for diesel fuel is calculated based on the
following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.020
(iii) For equipment/alternative fuel that is being certified under
Sec. 85.1407 as available to all affected operators for less than the
life cycle cost ceiling, the price of diesel fuel per gallon, excluding
taxes, is $0.72x(CPIR/CPI1992). For equipment/
alternative fuel that is not being certified under Sec. 85.1407 as
available to all affected operators for less than the life cycle cost
ceiling, the price of diesel fuel per gallon, excluding taxes, is the
price at which the operator currently purchases diesel fuel, excluding
taxes.
(iv) The cost per mile for alternative fuels is calculated based on
the following equation:
[[Page 16]]
[GRAPHIC] [TIFF OMITTED] TN30AU93.021
(v) In order for the equipment/alternative fuel to be required, the
fuel supplier must provide a contract to the urban bus operator
specifying the cost of the fuel for the life of the engine being
retrofitted. The contract must specify the incremental cost, compared to
the cost of diesel fuel on a per mile basis, at which the fuel will be
sold. As part of the contract, the fuel supplier must also provide on-
site facilities, meeting all applicable safety and fire code
requirements, for refueling, the urban bus engines being retrofitted,
unless the operator already has sufficient refueling facilities or the
operator agrees to use off-site refueling facilities. The fuel supplier
must also provide for any modifications to existing facilities that are
necessary due to the use of the equipment/alternative fuel to meet
applicable safety and fire code requirements.
(vi) The fuel economy of the engine retrofitted with the equipment
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(D) For equipment requiring the use of a fuel additive, the fuel
additive cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.022
(1) For diesel-fueled engines, the fuel economy of the engine is 3.3
miles per gallon. For alternatively-fueled engines, the fuel economy of
the engine shall be determined as part of the equipment certification
process, as detailed in Sec. 85.1407.
(2) For equipment/fuel additive that is being certified under Sec.
85.1407 as available to all affected operators for less than the life
cycle cost ceiling, the discounted lifetime mileage is 129,104 miles.
For equipment/fuel additive that is not being certified under Sec.
85.1407 as available to all affected operators for less than the life
cycle cost ceiling, the discounted lifetime mileage is based on the age
of the urban bus engine being rebuilt as specified in the following
table:
------------------------------------------------------------------------
Discounted
Age of engine at time of rebuild lifetime
miles
------------------------------------------------------------------------
5 years.................................................... 229,478
6 years.................................................... 204,881
7 years.................................................... 180,703
8 years.................................................... 155,902
9 years.................................................... 131,505
10 years................................................... 109,680
11 years................................................... 90,608
12 years................................................... 70,200
13 years................................................... 48,364
14 years................................................... 25,000
15 or more years........................................... 0
------------------------------------------------------------------------
[[Page 17]]
(3) The price of the fuel additive is the price at which the fuel
additive supplier supplies the fuel additive to the urban bus operator.
In order for the equipment/fuel additive to be required, the equipment/
fuel additive supplier must provide a contract to the urban bus operator
specifying the maximum cost at which the fuel additive will be sold for
the life of the engine being retrofitted.
(4) The amount of fuel additive required per gallon of diesel fuel
will be determined as part of the equipment certification process, as
detailed in Sec. 85.1407.
(E) The incremental maintenance cost of the equipment is equal to
the cost of the parts necessary for scheduled maintenance of the
retrofit equipment incremental to cost of the parts necessary for
maintenance of an original, non-retrofitted engine. The incremental
maintenance cost will be determined as part of the equipment
certification process, as detailed in Sec. 85.1407.
(F) For equipment which replaces an existing urban bus engine with a
new, previously unused engine, a credit will be applied to the life
cycle cost. The engine replacement credit will be determined as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.023
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(iii) The life cycle cost ceiling for complying with the 25 percent
particulate emission reduction requirement is calculated by the
following equation at the time of rebuild:
[GRAPHIC] [TIFF OMITTED] TN30AU93.024
Where,
CPIR is the most recent published Consumer Price Index at
time of rebuild (for ``all items'' as published by the U.S. Bureau of
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as
published by the U.S. Bureau of Labor Statistics) for 1992.
(3)(i) Urban buses covered by this subpart for which no equipment is
available under paragraphs (b)(1) or (b)(2) of this section shall be
equipped with one of the following:
(A) The original engine rebuilt to its original engine configuration
as specified in paragraph (b)(3)(ii) of this section; or
(B) An engine identical to its original engine which has been
rebuilt to its original configuration as specified in paragraph
(b)(3)(ii) of this section; or
(C) An engine of a configuration with a certification PM level lower
than the original configuration; or
(D) A replacement engine with a particulate matter certification
level lower than the original engine.
(ii) All replacement or rebuilt parts shall be equivalent to the
original equipment specifications.
(4) Notwithstanding paragraph (b)(3) of this section, if as of July
1, 1996, no equipment has been certified to meet the cost ceiling
requirements of paragraphs (b)(1) or (b)(2) of this section, then urban
buses covered by this subpart shall be equipped with equipment that has
been certified to achieve at least a 25 percent reduction in particulate
emissions from the original certified particulate emission level of the
urban bus engine model being rebuilt, provided the equipment does not
require any of the following:
[[Page 18]]
(i) A switch from mechanical control to electronic control; or
(ii) Installation of exhaust aftertreatment equipment; or
(iii) The use of a fuel different from the fuel on which the engine
currently operates.
(c) Program 2: Averaging based program. Program 2 requires affected
urban bus operators to meet an annual average fleet particulate
emissions level, rather than requiring each individual rebuilt urban bus
engine in the operator's fleet to meet a specific particulate emission
level. Under Program 2, each affected fleet operator must reduce
particulate emissions from its affected urban buses (i.e., 1993 and
earlier model year urban buses) to a level low enough to meet an annual
average target level for a fleet (TLF) for particulate emissions (in
grams per brake horsepower-hour). The TLF is calculated for each year of
the program beginning in 1996. During each calendar year, the average
particulate emissions level from all of the operator's pre-1994 model
year urban buses must be at or below the TLF for that calendar year. The
TLF for a particular calendar year is calculated based on the Agency's
determination of the projected emission level for each engine model in
the operator's pre-1994 model year urban bus fleet, as specified in
paragraph (c)(1)(iii) of this section, and based on a schedule for
rebuilding of affected urban bus engines, as specified in paragraph
(c)(1)(iv) of this section.
(1) During each calendar year starting with 1996, urban bus
operators shall be in compliance with an annual Target Level for a Fleet
(TLF) of particulate emissions calculated using the equation defined in
paragraph (c)(1)(i) of this section. Operators must comply with a TLF,
rounded to two places after the decimal, until all pre-1994 urban buses
have been retired from the operator's fleet.
(i) An urban bus operator's annual Target Level for a Fleet (TLF)
for a particular calendar year shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.025
Where,
CY is the calendar year.
MY is the model year.
BMY is the number of urban buses of that model year in the
operator's fleet as of January 1, 1995, plus any urban buses of that
model year added to the fleet after January 1, 1995.
WPMY is the weighted average of projected particulate
emissions for urban buses of that model year calculated using the
formula in paragraph (c)(1)(ii) of this section.
(ii) The weighted average of projected particulate emissions for
urban buses of a particular model year is calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.026
[[Page 19]]
Where,
MY is the model year.
z is the number of different engine models in the fleet of model year
MY.
Bz is the number of urban buses in the operator's fleet as of
January 1, 1995 (including those added after January 1, 1995) equipped
with a specific engine model of the given model year.
Pz is the projected particulate emission level of that engine
model provided in paragraphs (c)(1)(iii) and (c)(1)(iv) of this section.
(iii)(A) Pre-rebuild particulate emission levels and projected post-
rebuild particulate emission levels in grams per brake horsepower-hour
(g/bhp-hr) are based on engine type and model year and are specified in
the following table. The appropriate particulate level, pre-rebuild or
post-rebuild, shall be determined using the information contained in
paragraph (c)(1)(iv) of this section.
----------------------------------------------------------------------------------------------------------------
Projected
Pre-rebuild post-
particulate rebuild
Engine model Model year of engine level (g/ particulate
bhp-hr) level (g/
bhp-hr)
----------------------------------------------------------------------------------------------------------------
DDC 6V92TA................................... 1979-1987.............................. 0.50 0.30
1988-1989.............................. 0.30 0.10
DDC 6V92TA DDECI............................. 1986-1987.............................. 0.30 0.30
DDC 6V92TA DDECII............................ 1988-1991.............................. 0.31 0.10
1992................................... 0.25 0.10
1993 (no trap)......................... 0.25 0.10
1993 (trap)............................ 0.07 0.07
DDC Series 50................................ 1993................................... 0.16 0.10
DDC 6V71N.................................... 1973-1987.............................. 0.50 0.50
1988-1989.............................. 0.50 0.10
DDC 6V71T.................................... 1985-1986.............................. 0.50 0.50
DDC 8V71N.................................... 1973-1984.............................. 0.50 0.50
DDC 6L71TA................................... 1990................................... 0.59 0.10
1988-1989.............................. 0.31 0.10
DDC 6L71TA DDEC.............................. 1990-1991.............................. 0.30 0.10
Cummins L10.................................. 1985-1987.............................. 0.65 0.65
1988-1989.............................. 0.55 0.10
1990-1991.............................. 0.46 0.10
Cummins L10 EC............................... 1992................................... 0.25 0.10
1993 (trap)............................ 0.05 0.05
Alternatively-fueled engines................. Pre-1994............................... 0.10 0.10
Other engines................................ Pre-1988............................... 0.50 0.50
1988-1993.............................. (\1\) 0.10
----------------------------------------------------------------------------------------------------------------
\1\ Certification level.
(B) For the TLF calculations as specified in paragraph (c)(1)(iv) of
this section, post-rebuild particulate emissions levels for a specific
engine model shall be equal to the following:
(1) 0.10 g/bhp-hr, for any engine model (other than any model year
1984 and 1987 engine models, and those engine models indicated in
paragraph (c)(1)(iii)(B)(4) of this section) for which equipment has
been certified by July 1, 1994 as meeting the emission and cost
requirements of paragraph (b)(1) of this section for all affected urban
bus operators;
(2) For any engine model for which no equipment has been certified
by July 1, 1994 as meeting the requirements of paragraph (b)(1) of this
section for all affected urban bus operators, (and for any model year
1984 and 1987 engine models) for which equipment has been certified by
July 1, 1994 as meeting the emission and cost requirements of paragraph
(b)(2) of this section for all affected urban bus operators, the post-
rebuild particulate emission level shall equal the lowest emission level
(greater than or equal to 0.10 g/bhp-hr) certified for any such
equipment;
(3) For any engine model for which no equipment has been certified
by July 1, 1994 as meeting the emission and cost requirements of
paragraph (b)(1) or paragraph (b)(2) of this section for all affected
urban bus operators, the post-rebuild particulate emission level shall
equal the pre-rebuild particulate level;
(4) For any engine model with a pre-rebuild particulate level below
0.10 g/
[[Page 20]]
bhp-hr, the post-rebuild particulate emission level shall equal the pre-
rebuild particulate level;
(5) Notwithstanding paragraph (c)(1)(iii)(C)(3) of this section, if
by July 1, 1994, no equipment has been certified for any of the engine
models listed in the table at paragraph (c)(1)(iii)(A) of this section,
then the post-rebuild particulate levels shall be as indicated in the
table at paragraph (c)(1)(iii)(A) of this section.
(C) For TLF calculations as specified in paragraph (c)(1)(iv) of
this section, post-rebuild particulate emission levels for a specific
engine model shall be equal to the following:
(1) 0.10 g/bhp-hr, for any engine model (other than those indicated
in paragraph (c)(1)(iii)(C)(4) of this section) for which equipment has
been certified by July 1, 1996 as meeting the emission and cost
requirements of paragraph (b)(1) of this section for all affected urban
bus operators;
(2) For any engine model for which no equipment has been certified
by July 1, 1996 as meeting the requirements of paragraph (b)(1) of this
section for all affected urban bus operators, but for which equipment
has been certified by July 1, 1996 as meeting the emission and cost
requirements of paragraph (b)(2) of this section for all affected urban
bus operators, the post-rebuild particulate emission level shall equal
the lowest emission level (greater than or equal to 0.10 g/bhp-hr)
certified for any such equipment;
(3) For any engine model for which no equipment has been certified
by July 1, 1996 as meeting the requirements of either paragraph (b)(1)
or paragraph (b)(2) of this section, the post-rebuild particulate
emission level shall equal the pre-rebuild particulate level;
(4) For any engine model with a pre-rebuild particulate level below
0.10 g/bhp-hr, the post-rebuild particulate emission level shall equal
the pre-rebuild particulate level;
(5) Notwithstanding paragraph (c)(1)(iii)(C)(3) of this section, if
by July 1, 1996, no equipment has been certified to meet the emission
requirements of paragraph (b)(1) or paragraph (b)(2) of this section for
any of the engine models listed in the table at paragraph (c)(1)(iii)(A)
of this section, then the post-rebuild particulate levels shall be the
pre-rebuild particulate levels specified in the table at paragraph
(c)(1)(iii)(A) of this section.
(D) For TLF calculations as specified in paragraph (c)(1)(iv) of
this section, post-rebuild particulate emission levels for a specific
engine model shall be equal to the following:
(1) 0.10 g/bhp-hr, for any engine model (other than those indicated
in paragraph (c)(1)(iii)(D)(4) of this section) for which equipment has
been certified by July 1, 1998 as meeting the emission and cost
requirements of paragraph (b)(1) of this section for all affected urban
bus operators;
(2) For any engine model for which no equipment has been certified
by July 1, 1998 as meeting the requirements of paragraph (b)(1) of this
section for all affected urban bus operators, but for which equipment
has been certified by July 1, 1996 as meeting the emission and cost
requirements of paragraph (b)(2) of this section for all affected urban
bus operators, the post-rebuild particulate emission level shall equal
the lowest emission level (greater than or equal to 0.10 g/bhp-hr)
certified by July 1, 1998 for any such equipment;
(3) For any engine model for which no equipment has been certified
by July 1, 1998 as meeting the emission and cost requirements of
paragraph (b)(1) or (b)(2) of this section, the post-rebuild particulate
emission level shall equal the pre-rebuild particulate level;
(4) For any engine model with a pre-rebuild particulate level below
0.10 g/bhp-hr, the post-rebuild particulate emission level shall equal
the pre-rebuild particulate level;
(5) Notwithstanding paragraph (c)(1)(iii)(D)(3) of this section, if
by July 1, 1998, no equipment has been certified to meet the emission
requirements of paragraph (b)(1) or (b)(2) of this section for any of
the engine models listed in the table at paragraph (c)(1)(iii)(A) of
this section, then the post-rebuild particulate levels shall be the pre-
rebuild particulate levels specified in the table at paragraph
(c)(1)(iii)(A) of this section; and
(6) Notwithstanding paragraph (c)(1)(iii)(D)(3) of this section, if
by
[[Page 21]]
July 1, 1998, equipment has been certified to meet the emissions
requirements of paragraph (b)(1) or (b)(2) of this section for any of
the engine models listed in the table at paragraph (c)(1)(iii)(A) of
this section, but no equipment has been certified by July 1, 1998 to
meet the life-cycle cost requirements of paragraph (b)(1) or (b)(2) of
this section, then the post-rebuild particulate levels shall be as
specified in the following table:
----------------------------------------------------------------------------------------------------------------
Post-
Pre-rebuild rebuild PM
Engine model Model year sold PM level level (g/
(g/bhp-hr) bhp-hr)
----------------------------------------------------------------------------------------------------------------
DDC 6V92TA.................................... 1979-1987............................. 0.50 0.30
1988-1989............................. .30 .30
DDC 6V92TA DDECI.............................. 1986-1987............................. .30 .30
DDC 6V92TA DDECII............................. 1988-1991............................. .31 .25
1992.................................. .25 .25
1993 (no trap)........................ .25 .25
1993 (trap)........................... .07 .07
DDC Series 50................................. 1993.................................. .16 .16
DDC 6V71N..................................... 1973-1987............................. .50 .50
1988-1989............................. .50 .50
DDC 6V71T..................................... 1985-1986............................. .50 .50
DDC 8V71N..................................... 1973-1984............................. .50 .50
DDC 6L71TA.................................... 1990.................................. .59 .59
1988-1989............................. .31 .31
DDC 6L71TA DDEC............................... 1990-1991............................. .30 .30
Cummins L10................................... 1985-1987............................. .65 .46
1988-1989............................. .55 .46
1990-1991............................. .46 .46
Cummins L10 EC................................ 1992.................................. .25 .25
1993 (trap)........................... .05 .05
Alternatively-fueled Engines.................. Pre-1994.............................. .10 .10
Other Engines................................. Pre-1988.............................. .50 .50
1988-1993............................. (\1\) (\1\)
----------------------------------------------------------------------------------------------------------------
(\1\) New engine certification level.
(iv) To determine which particulate (PM) emission level from
paragraph (c)(1)(iii) of this section is used for a particular model
year engine in a fleet for the TLF of a given calendar year, use the
following table:
------------------------------------------------------------------------
Year for which
Model year of TLF is being Particulate emission level (see
engine calculated Sec. 85.1403(c)(1)(iii))
------------------------------------------------------------------------
1993............... 1996-1998........ Pre-Rebuild Level.\1\
1999-2001........ Post-Rebuild Level.\3\
2002-thereafter.. Post-Rebuild Level.\4\
1992............... 1996-1998........ Pre-Rebuild Level.\1\
1999-2003........ Post-Rebuild Level.\3\
2004-thereafter.. Post-Rebuild Level.\4\
1991............... 1996-1997........ Pre-Rebuild Level.\1\
1998-2002........ Post-Rebuild Level.\3\
2003-thereafter.. Post-Rebuild Level.\4\
1990............... 1996-1999........ Pre-Rebuild Level.\1\
2000-thereafter.. Post-Rebuild Level.\4\
1989............... 1996-1999........ Pre-Rebuild Level.\1\
2000-thereafter.. Post-Rebuild Level.\4\
1988............... 1996-1998........ Pre-Rebuild Level.\1\
1999-thereafter.. Post-Rebuild Level.\3\
1987............... 1996-1998........ Post-Rebuild Level.\2\
1999-thereafter.. Post-Rebuild Level.\3\
1986............... 1996-1997........ Pre-Rebuild Level.\1\
1998-thereafter.. Post-Rebuild Level.\3\
1985............... 1996............. Pre-Rebuild Level.\1\
1997-thereafter.. Post-Rebuild Level.\2\
1984............... 1996-thereafter.. Post-Rebuild Level.\2\
Pre-1984........... 1996-thereafter.. Pre-Rebuild Level.\1\
------------------------------------------------------------------------
\1\ The pre-rebuild PM level established in paragraph (c)(1)(iii)(A) of
this section.
\2\ The post-rebuild PM level established pursuant to paragraph
(c)(1)(iii)(B) of this section.
\3\ The post-rebuild PM level established pursuant to paragraph
(c)(1)(iii)(C) of this section.
\4\ The post-rebuild PM level established pursuant to paragraph
(c)(1)(iii)(D) of this section.
[[Page 22]]
(2) To determine compliance under this program, the TLF, rounded to
two places after the decimal, shall be compared with an annual Fleet
Level Attained (FLA) of particulate emissions calculated using the
equation defined in paragraph (c)(2)(i) of this section, and also
rounded to two places after the decimal. At all times during a given
calendar year, the FLA must be at or below the TLF for the same calendar
year in order for the fleet to be in compliance.
(i) An urban bus operator shall calculate its Fleet Level Attained
(FLA) using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.027
Where,
MY is the model year.
MY1 is the model year of the oldest urban bus in an
operator's fleet.
BMY is the number of urban buses of model year MY in an
operator's fleet, excluding those urban buses older than fifteen years
that meet a 0.10 grams per brake horsepower-hour particulate standard.
BR is the number of 1993 and earlier model year urban buses
retired since January 1, 1995 that would have been less than 15 years
old, as calculated by the model year of the urban bus on December 31st
of the given calendar year, but does not include retired urban buses
that are replaced by other 1993 and earlier model year urban buses.
WEMY is the weighted average of engine-specific particulate
emissions for urban buses in that model year in an operator's fleet,
excluding those urban buses older than fifteen years that meet a 0.10
grams per brake horsepower-hour particulate standard, calculated using
the formula in paragraph (c)(2)(ii) of this section.
(ii) The weighted average of engine specific particulate emissions
for urban buses of a particular model year, excluding those urban buses
older than fifteen years that meet a 0.10 grams per brake horsepower-
hour particulate standard is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.028
Where,
q is the number of different engine configurations in a given model
year, excluding those urban buses older than fifteen years that meet a
0.10 grams per brake horsepower-hour particulate standard.
Bq is the number of urban buses with a specific engine
configuration.
Eq is the engine-specific particulate emission level for a
given configuration.
(iii) The Eq shall be defined as:
(A) The pre-rebuild level as specified in paragraph (c)(1)(iii) of
this section in cases where an engine has not been rebuilt after January
1, 1995 or has been rebuilt to its original configuration; or
(B) The particulate emission level (in grams per brake horsepower-
hour) achieved after installing emission control equipment on the urban
bus at
[[Page 23]]
time of rebuild, where an engine has been rebuilt using emission control
equipment after January 1, 1995. Such particulate emission levels will
be established by the equipment certifier during equipment
certification; or
(C) 0.10 grams per brake horsepower-hour (0.037 grams per megajoule)
for urban buses covered by the provisions specified in paragraph (d)(1)
of this section; or
(D) The particulate emission level (in grams per brake horsepower-
hour) of the upgrade engine configuration for urban buses covered by the
provisions specified in paragraph (d)(3) of this section; or
(E) The particulate emission level (in grams per brake horsepower-
hour) determined by applying an additional percent reduction in
particulate emissions to the particulate levels determined in paragraphs
(c)(2)(iii)(A) through (c)(2)(iii)(D) of this section for those urban
buses operating on diesel-based fuels which achieve particulate
reductions beyond federally required diesel fuel with 0.05 weight
percent sulfur content. Such additional percent reductions will be
determined through certification of such diesel-based fuels as specified
in Sec. 85.1407.
(d)(1) Operators of urban buses covered by this subpart which have
had particulate traps installed prior to January 1, 1995, or are powered
by an alternative fuel that significantly reduces particulate emissions
compared to emissions from diesel fuel, may assume that such urban buses
are operating at a PM level of 0.10 grams per brake horsepower-hour
(0.037 grams per megajoule) for purposes of meeting the requirements set
forth in paragraphs (b) and (c) of this section as long as such urban
buses have engines that are properly calibrated and maintained in
accordance with equipment manuals and instructions, and the operator has
no reason to believe otherwise.
(2) Any urban buses which have had particulate traps installed prior
to January 1, 1995, or are powered by a fuel that significantly reduces
particulate emissions compared to emissions from diesel fuel, whose
engines have not been properly calibrated and maintained in accordance
with equipment manuals and instructions or the operator has reason to
believe otherwise, shall be treated as if such equipment was not
installed for purposes of determining compliance with paragraphs (b) and
(c) of this section.
(3) Operators of urban buses covered by this subpart which have
upgrade kits installed prior to January 1, 1995, may assume that such
urban buses are operating at the PM level of the upgraded engine
configuration for purposes of meeting the requirements set forth in
paragraphs (b) and (c) of this section.
(e)(1) The standard and percent emission reductions requirements set
forth in paragraphs (b) and (c) of this section refer to exhaust emitted
over the operating schedule set forth in paragraph (f)(2) of appendix I
to part 86 of this chapter and measured and calculated in accordance
with the procedures set forth in subpart N of part 86 of this chapter.
(2) Equipment certifiers may also submit emission results from EPA-
approved alternative test procedures showing compliance with the 25
percent reduction requirements of paragraphs (b) and (c) of this
section. As required in Sec. 85.1414, the equipment certifier shall
supply information on the alternative test procedure which supports the
certifier's claims that the alternative test procedure is typical of in-
use urban bus operation.
(f) Every operator subject to the requirements prescribed in this
section shall keep records of all engine rebuilds and replacements
performed on urban buses as required in Sec. 85.1404, and maintain
evidence that their urban buses are in compliance with the requirements
of paragraphs (b) or (c) of this section.
(g) Operators shall affix the label provided with the equipment,
required under Sec. 85.1411(a), to the engine being rebuilt with the
equipment.
[58 FR 21386, Apr. 21, 1993, as amended at 63 FR 14635, Mar. 26, 1998]
Sec. 85.1404 Maintenance of records for urban bus operators;
submittal of information; right of entry.
(a) The operator of any urban bus for which this subpart is
applicable shall maintain and retain the following adequately organized
and indexed records
[[Page 24]]
beginning January 1, 1995. Each operator shall keep such records until
the five year anniversary of a rebuild or until the engine is rebuilt
again, whichever occurs first.
(1) General records. The records required to be maintained under
this paragraph shall consist of all purchase records, receipts, and part
numbers for parts and components used in the rebuilding of urban bus
engines.
(2) Individual records. A brief history of each urban bus subject to
the rebuild provisions prescribed under this section including the
records and documentation required to be maintained under Sec.
85.1403(f) of this subpart.
(3) Fuel purchase records. The records required under this paragraph
consist of all purchase records of fuels for which the operator is
claiming additional emission reductions under Sec.
85.1403(c)(2)(iii)(E), purchase records for fuel additives required for
use with equipment, and purchase records for fuels, other than diesel
fuel, which are used with dual-fueled engines.
(b)(1) Any operator subject to the requirements under this section
shall provide any EPA Enforcement Officer, upon presentation of
credentials during operating hours, access to the following:
(i) Any facility where records required to be maintained under this
section are generated or stored.
(ii) Any facility where engine rebuilding or replacement takes
place.
(2) Upon admission to any facility referred to in paragraph (b)(1)
of this section, any EPA Enforcement Officer shall be allowed:
(i) To inspect and make copies of records required to be maintained
under this section.
(ii) To inspect and photograph any urban bus and engine subject to
the standards set forth in Sec. 85.1403 of this subpart.
(iii) To inspect and monitor any activity related to the rebuilding
or replacement of an engine in an urban bus for which these regulations
are applicable as described in Sec. 85.1401 of this subpart.
Sec. 85.1405 Applicability.
The provisions of Sec. Sec. 85.1405 through 85.1414 apply to
retrofit/rebuild equipment which is to be installed on or used with 1993
and earlier model year urban buses whose engines are rebuilt or replaced
after January 1, 1995. For the purposes of Sec. Sec. 85.1405 through
85.1414, ``equipment'' includes alternative fuels and fuel additives to
be used with urban bus engines.
Sec. 85.1406 Certification.
(a) Certification compliance shall be demonstrated as follows:
(1) Test procedure and emission results. The emission test to be
used is the heavy-duty engine Federal Test Procedure as set forth in the
applicable portions of part 86 of this chapter or an approved
alternative test procedure prescribed under Sec. 85.1414. Certification
emission testing must be carried out using representative production
equipment as provided in paragraph (b) of this section. The test results
must demonstrate that the retrofit/rebuild equipment will comply with
either the particulate emission requirements of Sec. Sec.
85.1403(b)(1)(i) or 85.1403(b)(2)(i), or provide some level of
particulate emission reduction, and will not cause the urban bus engine
to fail to meet any applicable Federal emission requirements set for
that engine in the applicable portions of 40 CFR part 86, provided the
equipment is properly installed.
(2) Emission test engine selection. (i) The test engine used must
represent the ``worst case'' with respect to particulate emissions of
all those engine configurations for which the retrofit/rebuild equipment
is being certified. The worst case engine configuration shall be the
engine configuration having the highest engine-out particulate matter
emission levels, when properly maintained and used, prior to
installation of the retrofit/rebuild equipment. EPA reserves the right
to request data or information showing that the particulate emission
reduction efficiency of the retrofit/rebuild equipment being certified
under this paragraph, for use with more than one engine family, does not
vary significantly among the engine families.
(ii) The results of certification tests using the worst case engine
selections made in this section shall be applicable for the other engine
configurations for
[[Page 25]]
which the retrofit/rebuild equipment is designed.
(iii) The worst case test engine selected for certification emission
testing is not required to meet Federal emission standards before the
retrofit/rebuild equipment is installed. However, each test engine shall
have representative emissions performance that is close to the standards
and have no obvious or suspected emission defects. Each test engine
shall be tuned properly and set to the engine manufacturer's
specifications before testing is performed. Any excessively worn or
malfunctioning emission related part shall be repaired or replaced with
a new part prior to testing.
(iv) To demonstrate compliance with the particulate emission
requirements of Sec. 85.1403(b)(1)(i), the test engine used may be a
new unused engine, an in-use engine that has been rebuilt previously, or
an in-use engine that has not been rebuilt previously.
(v) (A) To demonstrate compliance with the particulate emission
requirements of Sec. 85.1403(b)(2)(i) on engines for which particulate
certification data exists, the test engine used may be a new unused
engine, an in-use engine that has been rebuilt previously, or an in-use
engine that has not been rebuilt previously.
(B) To demonstrate compliance with the particulate emission
requirements of Sec. 85.1403(b)(2)(i) on engines for which no
particulate certification data exists, the test engine used may be a new
unused engine, or an in-use engine that is newly rebuilt to its original
configuration.
(b) Diesel test fuel. Federally required low sulfur diesel fuel
(with a sulfur content of 0.05 weight percent) shall be used for all new
emissions testing required to be performed for certification of
retrofit/rebuild equipment for diesel-fueled urban bus engines.
(c) Test equipment selection. Certification shall be based upon
tests utilizing representative production equipment selected in a random
manner.
(d) Replacing original equipment parts. Installation of any
certified retrofit/rebuild equipment shall not result in the permanent
removal or rendering inoperative of any original equipment emission
related part other than the part(s) being replaced. Furthermore,
installation of any certified retrofit/rebuild equipment shall not cause
or contribute to an unreasonable risk to the public health, welfare or
safety, or result in any additional range of parameter adjustability or
accessibility to adjustment than that of the vehicle manufacturer's
emission related part.
(e) Affects on engine on-board diagnostic system. Installation of
any certified retrofit/rebuild equipment shall not alter or render
inoperative any feature of the on-board diagnostic system incorporated
by the engine manufacturer. The certified equipment may integrate with
the existing diagnostic system if it does not alter or render
inoperative any features of the system.
(f) In-use enforcement. (1) As a condition of certification, the
equipment certifier agrees to notify operators who have installed this
equipment and repair the equipment without cost to the operator when the
Agency determines that a substantial number of the equipment kits, when
properly maintained and used, and in actual use throughout the in-use
compliance period, do not meet emission requirements.
(2) If the equipment certifier disagrees with such determination of
nonconformity and so advises the MOD Director, the MOD Director shall
afford the equipment certifier and other interested persons an
opportunity to present their views and evidence in support thereof at a
public hearing conducted in accordance with procedures found in Sec.
85.1807. For purposes of this section, substitute the word ``equipment''
in place of the phrase ``motor vehicles and engines.''
Sec. 85.1407 Notification of intent to certify.
(a) Prior to the sale of any certified retrofit/rebuild equipment,
notification of the intent to certify must be approved by the MOD
Director.
(1) All notifications shall include:
(i) Identification of the candidate retrofit/rebuild equipment to be
certified, including a list of parts and part numbers;
(ii) Identification of all engine configurations for which the
equipment is being certified including make(s), engine model(s), model
year(s), engine
[[Page 26]]
size(s) and all other specific configuration characteristics necessary
to assure that the equipment will not be installed in any configuration
for which it has not been certified;
(iii) All results and documentation of tests and procedures used by
the equipment certifier as evidence of compliance with the emission
requirements specified in Sec. 85.1406;
(iv) A description of the test equipment selection criteria used,
and a statement that the test equipment used for certification testing
is representative production equipment consistent with Sec. 85.1406(c);
(v) A description of the test engine selection criteria used, and
rationale that supports the technical judgment of the equipment
certifier that the engine configuration used for certification testing
represents worst case with respect to particulate matter emissions of
all those configurations for which the retrofit/rebuild equipment is
being certified, and all data that supports that conclusion;
(vi) A copy of the written instructions for proper maintenance and
use of the equipment, including instructions as to whether the engine
must be rebuilt to its original configuration before installing the
equipment;
(vii) The scheduled maintenance required for the equipment over the
in-use compliance period, including service intervals of the retrofit/
rebuild equipment which detail the maintenance and replacement intervals
in months and/or miles, as applicable;
(viii) A copy of the warranty language to be provided to the
operator pursuant to both Sec. Sec. 85.1409(a) and 85.1409(b);
(ix) A statement of commitment and willingness to comply with all
the relevant terms and conditions of this subpart;
(x) A statement by the equipment certifier that use of its certified
equipment will not cause a substantial increase to urban bus engine
emissions in any normal driving mode not represented during
certification testing; and
(xi) The office or officer of the equipment certifier authorized to
receive correspondence regarding certification requirements pursuant to
this subpart.
(2) If an equipment certifier wishes to certify equipment for use
under Sec. 85.1403(b) for all affected urban bus operators as specified
in Sec. 85.1401, the notification shall also contain all data and
documentation used by the equipment certifier as evidence of compliance
with the life cycle cost requirements specified in Sec.
85.1403(b)(1)(ii) or Sec. 85.1403(b)(2)(ii); including:
(i) The price to be charged to an urban bus operator for the
equipment, excluding shipping and handling costs and taxes;
(ii) A detailed breakout of the total number of hours necessary to
install the equipment, and the number of hours necessary to install the
equipment, incremental to a standard rebuild;
(iii) For equipment not requiring a change from on road diesel fuel,
the percent change in fuel economy for an urban bus engine retrofitted
with the equipment compared to the original engine based on testing
performed over the heavy-duty engine Federal test procedure or an
approved alternative test procedure prescribed under Sec. 85.1414,
including all test data supporting the reported change in fuel economy;
(iv) For alternatively-fueled equipment, the fuel economy of the
retrofitted engine based on testing performed over an approved test
procedure prescribed under Sec. 85.1414, including all test data
supporting the reported fuel economy, and the unit price of the
alternative fuel that will be charged to all affected urban bus
operators;
(v) For equipment requiring a fuel additive, the amount of fuel
additive required per gallon of fuel and the unit price of the fuel
additive that will be charged to all affected urban bus operators; and
(vi) A list of the scheduled maintenance for an engine with the
retrofit, and a detailed breakdown of the cost of the parts necessary to
perform scheduled maintenance, incremental to the cost of the parts
necessary for maintenance typically performed on an engine without the
equipment.
(3) If an equipment certifier wishes to certify equipment for use
under Sec. 85.1403(b), but not for use by all affected urban bus
operators as specified
[[Page 27]]
in Sec. 85.1401, the notification shall, in addition to the data and
documentation specified in paragraph (a)(1) of this section, also
contain data and documentation that demonstrate compliance with the life
cycle cost requirements specified in Sec. 85.1403(b)(1)(ii) or Sec.
85.1403(b)(2)(ii) including:
(i) A detailed breakout of the total number of hours necessary to
install the equipment, and the number of hours necessary to install the
equipment, incremental to a standard rebuild;
(ii) The percent change in fuel economy for an urban bus engine
retrofitted with the equipment compared to the original engine based on
testing performed over the heavy-duty engine Federal test procedure or
an approved alternative test procedure prescribed under Sec. 85.1414,
including all test data supporting the reported change in fuel economy;
(iii) A list of the scheduled maintenance for an engine with the
retrofit, and a detailed breakdown of the cost of the scheduled
maintenance, incremental to the cost of maintenance typically performed
on an engine without the equipment;
(iv) For alternatively-fueled equipment, the fuel economy of the
retrofitted engine based on testing performed over an approved test
procedure prescribed under Sec. 85.1414, including all test data
supporting the reported fuel economy;
(v) For equipment requiring a fuel additive, the amount of fuel
additive required per gallon of fuel; and
(vi) A description of the type of urban bus operator to which the
equipment certifier expects to sell the equipment for less than the life
cycle cost requirements specified in Sec. 85.1403(b)(1)(ii) or Sec.
85.1403(b)(2)(ii).
(4) The notification shall be signed by an officer of the equipment
certifier attesting to the accuracy and completeness of the information
supplied in the notification.
(5) Notification to the Agency shall be by certified mail or another
method by which date of receipt can be established.
(6) Two complete and identical copies of the notification and any
subsequent industry comments on any such notification shall be submitted
by the equipment certifier to: MOD Director, MOD (6405J), Attention:
Retrofit/Rebuild Equipment, 401 ``M'' Street SW., Washington, DC 20460.
(7) A copy of the notification submitted under paragraph (a)(6) of
this section will be placed in a public docket and a summary will be
published in the Federal Register. Any party interested in the outcome
of the decision as to whether retrofit/rebuild equipment may be
certified, may submit comments to the MOD Director on any notice in the
public docket for 45 days after the summary of the notification of
intent to certify has been published in the Federal Register.
(b)(1) For an urban bus operator to take credit for additional
particulate emission reductions for use of a clean diesel fuel under
Sec. 85.1403(c)(2)(iii)(E), the following information must be submitted
to the Agency:
(i) The additional percent reduction in particulate emissions for
engines operated on the clean diesel fuel.
(A) The additional percent reduction in particulate emissions shall
be calculated based on the results of emission tests performed on urban
bus engines using federally required low sulfur fuel and the fuel for
which the certifier is demonstrating addition emission reductions.
(B) The additional percent reduction in particulate emissions shall
be calculated based on the following equation:
[[Page 28]]
[GRAPHIC] [TIFF OMITTED] TN30AU93.029
(ii) The emission testing results for hydrocarbons, carbon monoxide,
and oxides of nitrogen. The results must show that use of the clean
diesel fuel does not lead to increases in any of these emissions.
(2) Emission test results must be submitted for all of the engine
models for which an urban bus operator wishes to claim additional
particulate emission reductions.
(3) Emissions test results shall be measured over the heavy-duty
engine Federal test procedure or an approved alternative test procedure
prescribed under Sec. 85.1414.
(c) The MOD Director reserves the right to review an application to
determine if the submitted documents adequately meet all the
requirements for certification specified in Sec. Sec. 85.1406 and
85.1407. The MOD Director shall determine and will publish in the
Federal Register the effective date of certification of the candidate
equipment. Equipment may be sold as certified after the effective date
of certification.
Effective Date Note: Information collection requirements in Sec.
85.1407 have not been approved by the Office of Management and Budget
(OMB) and are not effective until OMB has approved them.
Sec. 85.1408 Objections to certification.
(a) At any time prior to certification, the MOD Director may notify
the equipment certifier that such equipment shall not be certified
pending further investigation. The basis upon which this notification
shall be made may include, but not be limited to, information or test
results submitted by the equipment certifier, or public comments
submitted on the equipment which indicate:
(1) The test procedure used to demonstrate compliance with the
particulate matter emission standard or percent reduction of Sec.
85.1403 was not in compliance with the heavy-duty engine Federal Test
Procedure of 40 CFR part 86 or an alternative test procedure approved by
the Agency under Sec. 85.1414; or
(2) Use of the candidate equipment may cause an urban bus engine to
exceed any applicable emission requirements; or
(3) Use of the candidate equipment could cause or contribute to an
unreasonable risk to public health, welfare or safety in its operation
or function; or
(4) Installation of the candidate equipment requires procedures or
materials which would likely cause such equipment to be improperly
installed under normal conditions or would likely result in an urban bus
engine being misadjusted; or
(5) Information and/or data required to be in the notification of
intent to certify as provided by Sec. 85.1407 have not been provided or
may be inadequate; or
(6) The life cycle cost estimates provided by the equipment
certifier do not accurately reflect the true life cycle costs for the
candidate equipment.
(b) The equipment certifier must respond in writing to the
statements made in the notification by the MOD Director, or the MOD
Director shall withdraw the equipment certifier's notification of intent
to certify. A copy of the certifier's response will be placed in the
public docket.
(1) Any party interested in the outcome of a decision as to whether
retrofit/rebuild equipment may be certified may provide the MOD Director
with any relevant written information
[[Page 29]]
up to ten days after the certifier responds to the MOD Director's
objection.
(2) Any interested party may request additional time to respond to
the information submitted by the equipment certifier. The MOD Director
upon a showing of good cause by the interested party may grant an
extension of time to reply up to 30 days.
(3) The equipment certifier may reply to information submitted by
interested parties. Notification of intent to reply shall be submitted
to the MOD Director within 10 days of the date information from
interested parties is submitted to the MOD Director.
(4) The MOD Director may, at his or her discretion, allow oral
presentations by the equipment certifier or any interested party in
connection with contested equipment certification.
(c) If notification has been provided to an equipment certifier
pursuant to paragraph (a) of this section, the MOD Director shall, after
reviewing all pertinent data and information, render a decision and
inform the equipment certifier in writing as to whether such equipment
may be certified and, if so, under what conditions the equipment may be
certified. The written decision shall include an explanation of the
reasons therefor.
(1) The decision by the MOD Director shall be provided to the
certifier after receipt of all necessary information by the certifier or
interested parties, or of the date of any oral presentation regarding
the certification, whichever occurs second.
(2) A copy of the decision shall be sent to all interested parties
identified in paragraphs (b)(3) and (b)(4) of this section.
(3) Within 20 days of receipt of a decision made pursuant to
paragraph (c) of this section, any party may file a written appeal to
the Office Director. The Office Director may, in his or her discretion,
allow additional oral or written submissions, prior to rendering a final
decision. The schedule for such submission shall be in accordance with
the schedule specified in Sec. 85.1408(b).
(4) If no party files an appeal with the Office Director within 20
days, then the decision of the MOD Director shall be final.
(5) The Office Director shall make a final decision regarding the
certification of equipment after receipt of all necessary information by
the equipment certifier or from the date of any oral presentation,
whichever occurs later.
(6) A copy of all final decisions made under this section shall be
published in the Federal Register.
Sec. 85.1409 Warranty.
(a) As a condition of certification, the retrofit/rebuild equipment
certifier shall warrant that if the certified equipment is properly
installed and maintained as stated in the written instructions for
proper maintenance and use, the equipment will not cause an urban bus
engine to exceed the emission requirements of this subpart and the
emission standards set forth in 40 CFR part 86. This retrofit/rebuild
equipment warranty shall extend for a period of 150,000 miles from when
the equipment is installed.
(b) As a condition of certification, the retrofit/rebuild equipment
certifier shall provide an emissions defect warranty that if the
certified equipment is properly installed and maintained as stated in
the written instructions for proper maintenance and use, the equipment
certifier will replace all defective parts, free of charge. This
emissions defect warranty shall extend for a period of 100,000 miles
from when the equipment is installed.
Sec. 85.1410 Changes after certification.
The equipment certifier shall recertify any retrofit/rebuild
equipment which was certified pursuant to Sec. 85.1406 and to which
modifications are made affect emissions or the capability of the
equipment to meet any other requirement of this subpart.
Sec. 85.1411 Labeling requirements.
(a) All retrofit/rebuild equipment certified pursuant to this
subpart shall contain a label that shall be affixed to the rebuilt
engine which states, ``Certified to EPA Urban Bus Engine Rebuild
Standards,'' the model and serial number of the equipment, the
particulate emissions certification level of the
[[Page 30]]
equipment, and the name of the equipment certifier or other party
designated to determine the validity of warranty claims. The label
containing the information must be made durable and readable for at
least the in-use compliance period of the equipment.
(b) The package in which the certified retrofit/rebuild equipment is
contained, or an insert as described in paragraph (c) of this section,
must have the following information conspicuously placed thereon:
(1) The statement ``Certified by (name of certifier or warranter) to
EPA Urban Bus Engine Rebuild Emission Standards''; and
(2) A list of the vehicles or engines (in accordance with Sec.
85.1407(a)(1)(ii)) for which the equipment is certified, unless such
information is provided as specified in paragraph (d) of this section.
(c) The package in which the certified retrofit/rebuild equipment is
contained must include the following information provided on a written
insert:
(1) A list of the vehicles or engines (in accordance with Sec.
85.1407(a)(1)(ii)) for which the equipment is certified, unless such
information is provided as specified in paragraph (d) of this section;
(2) A list of all of the parts and identification numbers for the
parts included in the package;
(3) The instructions for proper installation of the equipment;
(4) A statement of the maintenance or replacement interval for which
the retrofit/rebuild equipment is certified; and
(5) A description of the maintenance necessary to be performed on
the retrofit/rebuild equipment in the proper maintenance and use of the
equipment.
(d) The information required by paragraphs (b)(2) and (c)(1) of this
section may be provided in a catalog rather than on the package or on an
insert, provided that access to the catalog is readily available to
purchasers and installers of the equipment.
(e) When an equipment certifier desires to certify existing in-
service stocks of its products, it may do so provided:
(1) The equipment does not differ in any operational or durability
characteristic from the equipment specified in the notification made
pursuant to Sec. 85.1407; and
(2) An information sheet is made available to all parties selling
the equipment.
(i) The information sheet shall be provided with all equipment sold
as certified; and
(ii) The information sheet shall contain all of the information
specified in paragraph (b) of this section.
Effective Date Note: Information collection requirements in Sec.
85.1411 have not been approved by the Office of Management and Budget
(OMB) and are not effective until OMB has approved them.
Sec. 85.1412 Maintenance and submittal of records for equipment
certifiers.
(a) For each certified retrofit/rebuild equipment, the equipment
certifier must establish, maintain and retain for 5 years from the date
of certification the following adequately organized and indexed records:
(1) Detailed production drawings showing all dimensions, tolerances,
performance requirements and material specifications and any other
information necessary to completely describe the equipment;
(2) All data obtained during testing of the equipment and subsequent
analyses based on that data, including the mileage and the vehicle or
engine configuration determinants;
(3) All information used in determining those vehicles or engine for
which the equipment is represented as being equivalent from an emissions
standpoint to the original equipment being replaced;
(4) A description of the quality control plan used to monitor
production and assure compliance of the equipment with the applicable
certification requirements;
(5) All data taken in implementing the quality control plan, and any
subsequent analyses of that data; and
(6) All in-service data, analyses performed by the equipment
certifier and correspondence with vendors, distributors, consumers,
retail outlets or engine manufacturers regarding any design, production
or in-service problems associated with 25 or more pieces of any
certified equipment.
[[Page 31]]
(b) The records required to be maintained in paragraph (a) of this
section shall be made available to the Agency upon the written request
of the MOD Director.
(c) If the equipment certifier is selling equipment that is not
certified as available to all affected urban bus operators under Sec.
85.1403(b) and Sec. 85.1407, then the equipment certifier shall submit
to EPA, at the time an offer is made, a copy of all offers made to
affected urban bus operators for which the equipment certifier has
offered to sell its certified equipment for less than the life cycle
cost limits specified in Sec. 85.1403(b)(1)(iii) or Sec.
85.1403(b)(2)(iii). The equipment certifier may assert that some of the
information is entitled to confidential treatment as provided in Sec.
85.1414.
Effective Date Note: Information collection requirements in Sec.
85.1412 have not been approved by the Office of Management and Budget
(OMB) and are not effective until OMB has approved them.
Sec. 85.1413 Decertification.
(a) The MOD Director may notify an equipment certifier that the
Agency has made a preliminary determination that certain retrofit/
rebuild equipment should be decertified.
(1) Such a preliminary determination may be made if there is reason
to believe that the equipment manufactured has failed to comply with
Sec. Sec. 85.1405 through 85.1414. Information upon which such a
determination will be made includes but is not limited to the following:
(i) The equipment was certified on the basis of emission tests, and
the procedures used in such tests were not in substantial compliance
with a portion or portions of the heavy-duty engine Federal Test
Procedure contained in 40 CFR part 86 or an alternative test prescribed
under 40 CFR 85.1414; or
(ii) Use of the certified equipment is causing urban bus engine
emissions to exceed emission requirements for any regulated pollutant;
or
(iii) Use of the certified equipment causes or contributes to an
unreasonable risk to public health, welfare or safety or severely
degrades driveability operation or function; or
(iv) The equipment has been modified in a manner requiring
recertification pursuant to Sec. 85.1410; or
(v) The certifier of such equipment has not established, maintained
or retained the records required pursuant to Sec. 85.1412 or fails to
make the records available to the MOD Director upon written request
pursuant to Sec. 85.1412; or
(vi) The life cycle cost of the equipment exceeds the limits
specified in Sec. 85.1403(b)(1)(iii) or Sec. 85.1403(b)(2)(iii).
(2) Notice of a preliminary determination to decertify shall
contain:
(i) A description of the noncomplying equipment;
(ii) The basis for the MOD Director's preliminary decision; and
(iii) The date by which the certifier must:
(A) Terminate the sale of the equipment as certified equipment; or
(B) Make the necessary change (if so recommended by the Agency); or
(C) Request an opportunity in writing to dispute the allegations of
the preliminary decertification.
(b) If the equipment certifier requests an opportunity to respond to
the preliminary determination, the certifier and other parties
interested in the MOD Director's decision whether to decertify the
equipment shall, within 15 days of the date of the request, submit
written presentations, including the relevant information and data, to
the MOD Director. The MOD Director, in his or her discretion, may
provide an opportunity for oral presentations.
(1) Any interested party may request additional time to respond to
the information submitted by the equipment certifier. The MOD Director
upon a showing of good cause by the interested party may grant an
extension of time to reply up to 30 days.
(2) The equipment certifier may have an extension of up to 30 days
to reply to information submitted by interested parties. Notification of
intent to reply shall be submitted to the MOD Director within 10 days of
the date information from interested parties is submitted to the MOD
Director.
(c) If an equipment certifier has disputed the allegations of the
preliminary decisions, the MOD Director shall,
[[Page 32]]
after reviewing any additional information, notify the equipment
certifier of his or her decision whether the equipment may continue to
be sold as certified. This notification shall include an explanation
upon which the decision was made and the effective date for
decertification, where appropriate.
(d) Within 20 days from the date of a decision made pursuant to
paragraph (c) of this section, any adversely affected party may appeal
the decision to the Office Director.
(1) A petition for appeal to the Office Director must state all of
the reasons why the decision of the MOD Director should be reversed.
(2) The Office Director may, in his or her discretion, allow
additional oral or written testimony.
(3) If no appeal is filed with the Office Director within the
permitted time period, the decision of the MOD Director shall be final.
(e) If a final decision is made to decertify equipment under
paragraph (d) of this section, the certifier of such equipment shall
notify his immediate customers that, as of the date of the final
determination, the equipment in question has been decertified. The
equipment certifier shall offer to replace decertified equipment in the
customer's inventory with certified replacement equipment or, if unable
to do so, shall at the customer's request repurchase such inventory at a
reasonable price. The immediate customers must stop selling the
equipment once the certifier has notified the customer that the
equipment has been decertified.
(f) Notwithstanding the requirements of paragraph (e) of this
section, equipment purchased by an urban bus operator prior to
decertification, shall be considered certified pursuant to this subpart.
Sec. 85.1414 Alternative test procedures.
As a part of the certification process, as set forth in Sec.
85.1406, a certifier may request that the Agency approve an alternative
test procedure, other than the heavy-duty engine Federal test procedure,
to show compliance with the 25 percent reduction in particulate matter
emissions as noted in Sec. 85.1403(b)(2)(i). The alternative test may
be a chassis-based test, but the alternative test shall be
representative of in-use urban bus operation. The requestor shall supply
relevant technical support to substantiate its claim of
representativeness. Upon an acceptable showing that an alternative test
is representative of in-use urban bus operation, the Agency shall
determine whether to set such alternative test procedures through
rulemaking. The provisions of the certification process apply to such a
request for alternative procedures.
Effective Date Note: Information collection requirements in Sec.
85.1414 have not been approved by the Office of Management and Budget
(OMB) and are not effective until OMB has approved them.
Sec. 85.1415 Treatment of confidential information.
(a) Any certifier may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to the Agency.
(c) To assert that information submitted pursuant to this subpart is
confidential, a certifier must indicate clearly the items of information
claimed confidential by marking, circling, bracketing, stamping, or
otherwise specifying the confidential information. In addition to the
complete and identical copies submitted pursuant to Sec. 85.1407(a)(6),
the submitter shall also provide two identical copies of its submittal
from which all confidential information shall be deleted. If a need
arises to publicly release nonconfidential information, the Agency will
assume that the submitter has accurately deleted all confidential
information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in 40 CFR part 2, subpart B.
[[Page 33]]
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by the Agency
without further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
Subpart P_Importation of Motor Vehicles and Motor Vehicle Engines
Authority: 42 U.S.C. 7522, 7525, 7541, 7542(a) and 7601(a).
Source: 52 FR 36156, Sept. 25, 1987, unless otherwise noted.
Sec. 85.1501 Applicability.
(a) Except where otherwise indicated, this subpart is applicable to
motor vehicles and motor vehicle engines which are offered for
importation or imported into the United States and for which the
Administrator has promulgated regulations under part 86 prescribing
emission standards but which are not covered by certificates of
conformity issued under section 206(a) of the Clean Air Act (i.e., which
are nonconforming vehicles as defined below), as amended, and part 86 at
the time of conditional importation. Compliance with regulations under
this subpart shall not relieve any person or entity from compliance with
other applicable provisions of the Clean Air Act.
(b) Regulations prescribing further procedures for importation of
motor vehicles and motor vehicle engines into the Customs territory of
the United States, as defined in 19 U.S.C. 1202, are set forth at 19 CFR
12.73.
(c) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles
under the provisions of 40 CFR part 86, subpart S.
[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999; 65
FR 59943, Oct. 6, 2000]
Sec. 85.1502 Definitions.
(a) As used in this subpart, all terms not defined herein have the
meanings given them in 19 CFR 12.73, in the Clean Air Act, as amended,
and elsewhere in parts 85 and 86 of this chapter.
(1) Act. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
(2) Administrator. The Administrator of the Environmental Protection
Agency.
(3) Certificate of conformity. The document issued by the
Administrator under section 206(a) of the Act.
(4) Certificate holder. The entity in whose name the certificate of
conformity for a class of motor vehicles or motor vehicle engines has
been issued.
(5) The Federal Compliance Testing sequence (FCT). The testing
sequence that incorporates all of the testing requirements of part 86
applicable at the time of an emissions test conducted pursuant to this
subpart.
(6) FTP. The Federal Test Procedure at part 86.
(7) Independent commercial importer (ICI). An importer who is not an
original equipment manufacturer (OEM) (see definition below) or does not
have a contractual agreement with an OEM to act as its authorized
representative for the distribution of motor vehicles or motor vehicle
engines in the U.S. market.
(8) Model year. The manufacturer's annual production period (as
determined by the Administrator) which includes January 1 of such
calendar year; Provided, That if the manufacturer has no annual
production period, the term ``model year'' shall mean the calendar year
in which a vehicle is modified. A certificate holder shall be deemed to
have produced a vehicle or engine when the certificate holder has
modified the nonconforming vehicle or engine.
(9) Nonconforming vehicle or engine. A motor vehicle or motor
vehicle engine which is not covered by a certificate of conformity prior
to final or conditional importation and which has not been finally
admitted into the United States under the provisions of Sec. 85.1505,
Sec. 85.1509 or the applicable provisions of Sec. 85.1512. Excluded
from this definition are vehicles admitted under provisions of Sec.
85.1512 covering EPA approved manufacturer and U.S. Government Agency
catalyst and O2 sensor control programs.
(10) Original equipment manufacturer (OEM). The entity which
originally
[[Page 34]]
manufactured the motor vehicle or motor vehicle engine prior to
conditional importation.
(11) Original production (OP) year. The calendar year in which the
motor vehicle or motor vehicle engine was originally produced by the
OEM.
(12) Original production (OP) years old. The age of a vehicle as
determined by subtracting the original production year of the vehicle
from the calendar year of importation.
(13) Running changes. Those changes in vehicle or engine
configuration, equipment or calibration which are made by an OEM or ICI
in the course of motor vehicle or motor vehicle engine production.
(14) United States. United States includes the States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin
Islands.
(15) Useful life. A period of time/mileage as specified in part 86
for a nonconforming vehicle which begins at the time of resale (for a
motor vehicle or motor vehicle engine owned by the ICI at the time of
importation) or release to the owner (for a motor vehicle or motor
vehicle engine not owned by the ICI at the time of importation) of the
motor vehicle or motor vehicle engine by the ICI after modification and/
or test pursuant to Sec. 85.1505 or Sec. 85.1509.
(16) Working day. Any day on which Federal government offices are
open for normal business. Saturdays, Sundays, and official Federal
holidays are not working days.
(b) [Reserved]
[52 FR 36156, Sept. 25, 1987, as amended at 61 FR 5842, Feb. 14, 1996;
70 FR 40430, July 13, 2005]
Sec. 85.1503 General requirements for importation of nonconforming
vehicles and engines.
(a) A nonconforming vehicle or engine offered for importation into
the United States must be imported by an ICI who is a current holder of
a valid certificate of conformity unless an exemption or exclusion is
granted by the Administrator under Sec. 85.1511 of this subpart or the
vehicle is eligible for entry under Sec. 85.1512.
(b) Final admission shall not be granted unless:
(1) The vehicle or engine is covered by a certificate of conformity
issued in the name of the importer under part 86 and the certificate
holder has complied with all requirements of Sec. 85.1505; or
(2) The vehicle or engine is modified and emissions tested in
accordance with the provisions of Sec. 85.1509 and the certificate
holder has complied with all other requirements of Sec. 85.1509; or
(3) The vehicle or engine is exempted or excluded under Sec.
85.1511; or
(4) The vehicle was covered originally by a certificate of
conformity and is otherwise eligible for entry under Sec. 85.1512.
(c) In any one certificate year (e.g., the current model year), an
ICI may finally admit no more than the following numbers of
nonconforming vehicles or engines into the United States under the
provisions of Sec. 85.1505 and Sec. 85.1509, except as allowed by
paragraph (e) of this section:
(1) 5 heavy-duty engines.
(2) A total of 50 light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles.
(3) 50 highway motorcycles.
(d) For ICIs owned by a parent company, the importation limits in
paragraph (c) of this section include importation by the parent company
and all its subsidiaries.
(e) An ICI may exceed the limits outlined paragraphs (c) and (d) of
this section, provided that any vehicles/engines in excess of the limits
meet the emission standards and other requirements outlined in the
provisions of Sec. 85.1515 for the model year in which the motor
vehicle/engine is modified (instead of the emission standards and other
requirements applicable for the OP year of the vehicle/engine).
[52 FR 36156, Sept. 25, 1987, as amended at 70 FR 40430, July 13, 2005]
Sec. 85.1504 Conditional admission.
(a) A motor vehicle or motor vehicle engine offered for importation
under Sec. 85.1505, Sec. 85.1509 or Sec. 85.1512 may be conditionally
admitted into the United States, but shall be refused final admission
unless:
(1) At the time of conditional admission, the importer has submitted
to the
[[Page 35]]
Administrator a written report that the subject vehicle or engine has
been permitted conditional admission pending EPA approval of its
application for final admission under Sec. 85.1505, Sec. 85.1509, or
Sec. 85.1512. This written report shall contain the following:
(i) Identification of the importer of the vehicle or engine and the
importer's address and telephone number;
(ii) Identification of the vehicle or engine owner and the vehicle
or engine owner's address, telephone number and taxpayer identification
number;
(iii) Identification of the vehicle or engine;
(iv) Information indicating under what provision of these
regulations the vehicle or engine is to be imported;
(v) Identification of the place where the subject vehicle or engine
will be stored until EPA approval of the importer's application to the
Administrator for final admission;
(vi) Authorization for EPA Enforcement Officers to conduct
inspections or testing otherwise permitted by the Act or regulations
thereunder;
(vii) Identification, where applicable, of the certificate by means
of which the vehicle is being imported;
(viii) The original production year of the vehicle; and
(ix) Such other information as is deemed necessary by the
Administrator.
(b) Such conditional admission shall not be under bond for a vehicle
or engine which is imported under Sec. 85.1505 or Sec. 85.1509. A bond
will be required for a vehicle or engine imported under applicable
provisions of Sec. 85.1512. The period of conditional admission shall
not exceed 120 days. During this period, the importer shall store the
vehicle or engine at a location where the Administrator will have
reasonable access to the vehicle or engine for his/her inspection.
Sec. 85.1505 Final admission of certified vehicles.
(a) A motor vehicle or engine may be finally admitted into the
United States upon approval of the certificate holder's application to
the Administrator. Such application shall be made either by completing
EPA forms or by submitting the data electronically to EPA's computer, in
accordance with EPA instructions. Such application shall contain:
(1) The information required in Sec. 85.1504(a);
(2) Information demonstrating that the vehicle or engine has been
modified in accordance with a valid certificate of conformity. Such
demonstration shall be made in one of the following ways:
(i) Through an attestation by the certificate holder that the
vehicle or engine has been modified in accordance with the provisions of
the certificate holder's certificate, and presentation to EPA of a
statement by the appropriate OEM that the OEM will provide to the
certificate holder and to EPA information concerning running changes to
the vehicle or engine described in the certificate holder's application
for certification, and actual receipt by EPA of notification by the
certificate holder of any running changes already implemented by the OEM
at the time of application and their effect on emissions; or
(ii) Through an attestation by the certificate holder that the
vehicle or engine has been modified in accordance with the provisions of
the certificate holder's certificate of conformity and that the
certificate holder has conducted an FTP test, at a laboratory within the
United States, that demonstrates compliance with Federal emission
requirements on every third vehicle or third engine imported under that
certificate within 120 days of entry, with sequencing of the tests to be
determined by the date of importation of each vehicle or engine. Should
the certificate holder have exceeded a threshold of 300 vehicles or
engines imported under the certificate without adjustments or other
changes in accordance with paragraph (a)(3) of this section, the amount
of required FTP testing may be reduced to every fifth vehicle or engine.
In order to make a demonstration under paragraph (a)(2)(i) of this
section, a certificate holder must have received permission from the
Administrator to do so;
(3) The results of every FTP test which the certificate holder
conducted on the vehicle or engine. Should a subject vehicle or engine
have failed an
[[Page 36]]
FTP at any time, the following procedures are applicable:
(i) The certificate holder may either:
(A) Conduct one FTP retest that involves no adjustment of the
vehicle or engine from the previous test (e.g., adjusting the RPM,
timing, air-to-fuel ratio, etc.) other than adjustments to adjustable
parameters that, upon inspection, were found to be out of tolerance.
When such an allowable adjustment is made, the parameter may be reset
only to the specified (i.e., nominal) value (and not any other value
within the tolerance band); or
(B) Initiate a change in production (running change) under the
provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable, that
causes the vehicle to meet Federal emission requirements.
(ii) If the certificate holder chooses to retest in accordance with
paragraph (a)(3)(i)(A) of this section:
(A) Such retests must be completed no later than five working days
subsequent to the first FTP test;
(B) Should the subject vehicle or engine fail the second FTP, then
the certificate holder must initiate a change in production (a running
change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01,
as applicable, that causes the vehicle to meet Federal emission
requirements.
(iii) If the certificate holder chooses to initiate a change in
production (a running change) under the provisions of 40 CFR 86.084-
14(c)(13) or 86.1842-01 as applicable, that causes the vehicle to meet
Federal requirements, changes involving adjustments of adjustable
vehicle parameters (e.g., adjusting the RPM, timing, air/fuel ratio)
must be changes in the specified (i.e., nominal) values to be deemed
acceptable by EPA.
(iv) Production changes made in accordance with this section must be
implemented on all subsequent vehicles or engines imported under the
certificate after the date of importation of the vehicle or engine which
gave rise to the production change.
(v) Commencing with the first vehicle or engine receiving the
running change, every third vehicle or engine imported under the
certificate must be FTP tested to demonstrate compliance with Federal
emission requirements until, as in paragraph (a)(2)(ii) of this section,
a threshold of 300 vehicles or engines imported under the certificate is
exceeded, at which time the amount of required FTP testing may be
reduced to every fifth vehicle or engine.
(vi) Reports concerning these running changes shall be made to both
the Manufacturers Operations and Certification Divisions of EPA within
ten working days of initiation of the running change. The cause of any
failure of an FTP shall be identified, if known;
(4) The applicable deterioration factor;
(5) The FTP results adjusted by the deterioration factor;
(6) Such other information that may be specified by applicable
regulations or on the certificate under which the vehicle or engine has
been modified in order to assure compliance with requirements of the
Act;
(7) All information required under Sec. 85.1510;
(8) An attestation by the certificate holder that the certificate
holder is responsible for the vehicle's or engine's compliance with
Federal emission requirements, regardless of whether the certificate
holder owns the vehicle or engine imported under this section;
(9) The name, address and telephone number of the person who the
certificate holder prefers to receive EPA notification under Sec.
85.1505(c); and
(10) Such other information as is deemed necessary by the
Administrator.
(b) EPA approval for final admission of a vehicle or engine under
this section shall be presumed not to have been granted if a vehicle has
not been properly modified to be in conformity in all material respects
with the description in the application for certification or has not
complied with the provisions of Sec. 85.1505(a)(2) or its final FTP
results, adjusted by the deterioration factor, if applicable, do not
comply with applicable emission standards.
(c) Except as provided in Sec. 85.1505(b), EPA approval for final
admission of a vehicle or engine under this section shall be presumed to
have been granted should the certificate holder not have received oral
or written notice from EPA to the contrary within 15 working
[[Page 37]]
days of the date of EPA's receipt of the certificate holder's
application under Sec. 85.1505(a). Such EPA notice shall be made to an
employee of the certificate holder. If application is made on EPA forms,
the date on a certified mail receipt shall be deemed to be the official
date of notification to EPA. If application is made by submitting the
data electronically, the date of acceptance by EPA's computer shall be
deemed to be the official date of notification to EPA. During this 15
working day period, the vehicle or engine must be stored at a location
where the Administrator will have reasonable access to the vehicle or
engine for his/her inspection.
[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]
Sec. 85.1506 Inspection and testing of imported motor vehicles and
engines.
(a) In order to allow the Administrator to determine whether a
certificate holder's production vehicles or engines comply with
applicable emission requirements or requirements of this subpart, EPA
Enforcement Officers are authorized to conduct inspections and/or tests
of vehicles or engines imported by the certificate holder. EPA
Enforcement Officers shall be admitted during operating hours upon
demand and upon presentation of credentials to any of the following:
(1) Any facility where any vehicle or engine imported by the
certificate holder under this subpart was or is being modified, tested
or stored; and
(2) Any facility where any record or other document relating to
modification, testing or storage of the vehicles or engines, or required
to be kept by Sec. 85.1507, is located.
EPA may require inspection or retesting of vehicles or engines at the
test facility used by the certificate holder or at an EPA-designated
testing facility, with transportation and/or testing costs to be borne
by the certificate holder.
(b) Upon admission to any facility referred to in paragraph (a) of
this section, any EPA Enforcement Officer shall be allowed during
operating hours:
(1) To inspect and monitor any part or aspect of activities relating
to the certificate holder's modification, testing and/or storage of
vehicles or engines imported under this subpart;
(2) To inspect and make copies of any records or documents related
to modification, testing and storage of a vehicle or engine, or required
by Sec. 85.1507; and
(3) To inspect and photograph any part or aspect of any such vehicle
or engine and any component used in the assembly thereof.
(c) Any EPA Enforcement Officer shall be furnished, by those in
charge of a facility being inspected, with such reasonable assistance as
he/she may request to help him/her discharge any function listed in this
subpart. A certificate holder shall cause those in charge of a facility
operated for its benefit to furnish such reasonable assistance without
charge to EPA (whether or not the certificate holder controls the
facility).
(d) The requirements of paragraphs (a), (b) and (c) of this section
apply whether or not the certificate holder owns or controls the
facility in question. Noncompliance with the requirements of paragraphs
(a), (b) and (c) may preclude an informed judgment that vehicles or
engines which have been or are being imported under this subpart by the
certificate holder comply with applicable emission requirements or
requirements of this subpart. It is the certificate holder's
responsibility to make such arrangements as may be necessary to assure
compliance with paragraphs (a), (b) and (c) of this section. Failure to
do so, or other failure to comply with paragraphs (a), (b) and (c), may
result in sanctions as provided for in the Act or Sec. 85.1513(e).
(e) Duly designated Enforcement Officers are authorized to proceed
ex parte to seek warrants authorizing the inspection or testing of the
motor vehicles or motor vehicle engines described in paragraph (a) of
this section whether or not the Enforcement Officer first attempted to
seek permission from the certificate holder or facility owner to inspect
such motor vehicles or motor vehicle engines.
(f) The results of the Administrator's test under this section shall
comprise
[[Page 38]]
the official test data for the vehicle or engine for purposes of
determining whether the vehicle or engine should be permitted final
entry under Sec. 85.1505 or Sec. 85.1509.
(g) For purposes of this section:
(1) ``Presentation of Credentials'' shall mean display of the
document designating a person as an EPA Enforcement Officer.
(2) Where vehicle storage areas or facilities are concerned,
``operating hours'' shall means all times during which personnel other
than custodial personnel are at work in the vicinity of the area or
facility and have access to it.
(3) Where facilities or areas other than those specified in
paragraph (g)(2) of this section are concerned, ``operating hours''
shall mean all times during which the facility is in operation.
(4) ``Reasonable assistance'' includes, but is not limited to,
clerical, copying, interpreting and translating services, and the making
available on request of personnel of the facility being inspected during
their working hours to inform the EPA Enforcement Officer of how the
facility operates and to answer his/her questions.
Sec. 85.1507 Maintenance of certificate holder's records.
(a) The certificate holder subject to any of the provisions of this
subpart shall establish, maintain and retain for six years from the date
of entry of a nonconforming vehicle or engine imported by the
certificate holder, adequately organized and indexed records,
correspondence and other documents relating to the certification,
modification, test, purchase, sale, storage, registration and
importation of that vehicle or engine, including but not limited to:
(1) The declaration required by 19 CFR 12.73;
(2) Any documents or other written information required by a Federal
government agency to be submitted or retained in conjunction with the
certification, importation or emission testing of motor vehicles or
motor vehicle engines;
(3) All bills of sale, invoices, purchase agreements, purchase
orders, principal or agent agreements and correspondence between the
certificate holder and the purchaser, of each vehicle or engine, and any
agents of the above parties;
(4) Documents providing parts identification data associated with
the emission control system installed on each vehicle or engine
demonstrating that such emission control system was properly installed
on such vehicle or engine;
(5) Documents demonstrating that, where appropriate, each vehicle or
engine was emissions tested in accordance with the Federal Test
Procedure.
(6) Documents providing evidence that the requirements of Sec.
85.1510 have been met.
(7) Documents providing evidence of compliance with all relevant
requirements of the Clean Air Act, the Energy Tax Act of 1978, and the
Energy Policy and Conservation Act;
(8) Documents providing evidence of the initiation of the ``15 day
hold'' period for each vehicle or engine imported pursuant to Sec.
85.1505 or Sec. 85.1509;
(9) For vehicles owned by the ICI at the time of importation,
documents providing evidence of the date of sale subsequent to
importation, together with the name, address and telephone number of the
purchaser, for each vehicle or engine imported pursuant to Sec. 85.1505
or Sec. 85.1509;
(10) For vehicles not owned by the ICI at the time of importation,
documents providing evidence of the release to the owner subsequent to
importation for each vehicle or engine imported pursuant to Sec.
85.1505 or Sec. 85.1509; and
(11) Documents providing evidence of the date of original
manufacture of the vehicle or engine.
(b) The certificate holder is responsible for ensuring the
maintenance of records required by this section, regardless of whether
facilities used by the certificate holder to comply with requirements of
this subpart are under the control of the certificate holder.
Sec. 85.1508 ``In Use'' inspections and recall requirements.
(a) Vehicles or engines which have been imported, modified and/or
FTP tested by a certificate holder pursuant to Sec. 85.1505 or Sec.
85.1509 may be inspected
[[Page 39]]
and emission tested by EPA throughout the useful lives of the vehicles
or engines.
(b) Certificate holders shall maintain for six years, and provide to
EPA upon request, a list of owners of all vehicles or engines imported
by the certificate holder under this subpart.
(c) A certificate holder will be notified whenever the Administrator
has determined that a substantial number of a class or category of the
certificate holder's vehicles or engines, although properly maintained
and used, do not conform to the regulations prescribed under section 202
when in actual use throughout their useful lives (as determined under
section 202(d)). After such notification, the Recall Regulations at part
85, subpart S, shall govern the certificate holder's responsibilities
and references to a manfacturer in the Recall Regulations shall apply to
the certificate holder.
Sec. 85.1509 Final admission of modification and test vehicles.
(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of
this section, a motor vehicle or motor vehicle engine may be imported
under this section by a certificate holder possessing a currently valid
certificate of conformity only if:
(1)(i) The vehicle or engine is six OP years old or older; or
(ii) The vehicle was owned, purchased and used overseas by military
or civilian employees of the U.S. Government and
(A) An ICI does not hold a currently valid certificate for that
particular vehicle; and
(B) The Federal agency employing the owner of such vehicle
determines that such owner is stationed in an overseas area which either
prohibits the importation of U.S.-certified vehicles or which does not
have adequate repair facilities for U.S.-certified vehicles; and
(C) The Federal agency employing the personnel owning such vehicles
determines that such vehicles are eligible for shipment to the United
States at U.S. Government expense; and
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holders ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section.
(b) In calendar year 1988, a motor vehicle or motor vehicle engine
originally produced in calendar years 1983 through 1987 may be imported
under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate
of conformity for a vehicle or engine model originally produced in
calendar years 1987 or 1988 and the make (i.e., the OEM) and fuel type
of such certified model is the same as the make and fuel type of the
vehicle or engine being imported under this section; and
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holder's ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section.
(c) In calendar year 1989, a motor vehicle or motor vehicle engine
originally produced in calendar years 1984 through 1987 may be imported
under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate
of conformity for a vehicle or engine model originally produced in
calendar years 1988 or 1989 and the make and fuel type of such certified
model is the same as the make and fuel type of the vehicle or engine
being imported under this section; and
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holders ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section,
(d) In calendar year 1990, a motor vehicle or motor vehicle engine
originally produced in calendar years 1985 through 1987 may be imported
under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate
of conformity for a vehicle or engine model originally produced in
calendar years 1989 or 1990 and the make and fuel type of such certified
model is the same as the make and fuel type of the vehicle or engine
being imported under this section; and
[[Page 40]]
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holders ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section.
(e) In calendar year 1991, a motor vehicle or motor vehicle engine
originally produced in calendar years 1986 and 1987 may be imported
under this section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate
of conformity for a vehicle or engine model originally produced in
calendar years 1990 or 1991 and the make and fuel type of such certified
model is the same as the make and fuel type of the vehicle or engine
being imported under this section; and
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holders ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section.
(f) In calendar year 1992, a motor vehicle or motor vehicle engine
originally produced in calendar year 1987 may be imported under this
section by a certificate holder if:
(1) The certificate holder possesses a currently valid certificate
of conformity for a vehicle or engine model originally produced in
calendar year 1991 or 1992 and the make and fuel type of such certified
model is the same as the make and fuel type of the vehicle or engine
being imported under this section; and
(2) The certificate holder's name has not been placed on a currently
effective EPA list of certificate holders ineligible to import such
modification/test vehicles, as described in paragraph (j) of this
section.
(g) A motor vehicle or motor vehicle engine conditionally imported
under this section may be finally admitted into the United States upon
approval of the certificate holder's application to the Administrator.
Such application shall be made either by completing EPA forms or, if the
applicant chooses, by submitting the data electronically to EPA's
computer, in accordance with EPA instructions. Such application shall
contain:
(1) The identification information required in Sec. 85.1504;
(2) An attestation by the certificate holder that the vehicle or
engine has been modified and/emission tested in accordance with the FTP
at a laboratory within the United States;
(3) The results of any FTP;
(4) The deterioration factor assigned by EPA;
(5) The FTP results adjusted by the deterioration factor;
(6) An attestation by the certificate holder that emission testing
and development of fuel economy data as required by Sec. 85.1510 was
performed after the vehicle or engine had been modified to conform to
Department of Transportation safety standards;
(7) All information required under Sec. 85.1510;
(8) An attestation by the certificate holder that the certificate
holder is responsible for the vehicle's or engine's compliance with
Federal emission requirements, regardless of whether the certificate
holder owns the vehicle or engine imported under this section.
(9) The name, address and telephone number of the person who the
certification holder prefers to receive EPA notification under Sec.
85.1509(i).
(10) For any vehicle imported in accordance with paragraphs (b)
through (f) of this section, an attestation by the certificate holder
that the vehicle is of the same make and fuel type as the vehicle
covered by a qualifying certificate as described in paragraphs (b)
through (f) of this section, as applicable.
(11) Such other information as is deemed necessary by the
Administrator.
(h) EPA approval for final admission of a vehicle or engine under
this section shall be presumed not to have been granted if a vehicle's
final FTP results, adjusted by the deterioration factor, if applicable,
do not comply with applicable emission standards.
(i) Except as provided in Sec. 85.1509(h), EPA approval for final
admission of a vehicle or engine under this section shall be presumed to
have been granted should the certificate holder not have received oral
or written notice from EPA to the contrary within 15 working days of the
date of EPA's receipt of the
[[Page 41]]
certificate holder's application under Sec. 85.1509(g). Such EPA notice
shall be made to an employee of the certificate holder. If application
is made on EPA form, the date of a certified mail receipt shall be
deemed to be the official date of notification to EPA. If application is
made by submitting the data electronically, the date of acceptance by
EPA's computer shall be deemed to be the official date of notification
to EPA. During this 15 working day period, the vehicle or engine must be
stored at a location where the Administrator will have reasonable access
to inspect the vehicle or engine.
(j) EPA list of certificate holders ineligible to import vehicles
for modification/test. EPA shall maintain a current list of certificate
holders who have been determined to be ineligible to import vehicles or
engines under this section. Such determinations shall be made in
accordance with the criteria and procedures in Sec. 85.1513(e) of this
subpart.
(k) Inspections. Prior to final entry, vehicles or engines imported
under this section are subject to special inspections as described in
Sec. 85.1506 with these additional provisions:
(1) If a significant number of vehicles imported by a certificate
holder fail to comply, in the judgment of the Administrator, with
emission requirements upon inspection or retest, or if the certificate
holder fails to comply with any provision of these regulations that
pertain to vehicles imported pursuant to Sec. 85.1509, the certificate
holder may be placed on the EPA list of certificate holders ineligible
to import vehicles under this section as specified in paragraph (j) of
this section and Sec. 85.1513(e);
(2) Individual vehicles or engines which fail an FTP retest or
inspection must be repaired and retested, as applicable, to demonstrate
compliance with emission requirements before final admission.
(3) Unless otherwise specified by EPA, the costs of all retesting
under this subsection, including transportation, shall be borne by the
certificate holder.
(l) In-Use inspection and testing. Vehicles or engines imported
under this section may be tested or inspected by EPA at any time during
the vehicle's or engine's useful life in accordance with Sec. 85.1508
(a) and (b). If, in the judgment of the Administrator, a significant
number of properly maintained and used vehicles or engines imported by
the certificate holder fail to meet emission requirements, the name of
the certificate holder may be placed on the EPA list of certificate
holders ineligible to import vehicles under the modification/test
provision as specified in paragraph (j) of this section and Sec.
85.1513(e).
Sec. 85.1510 Maintenance instructions, warranties, emission labeling
and fuel economy requirements.
The provisions of this section are applicable to all vehicles or
engines imported under the provisions of Sec. Sec. 85.1505 and 85.1509.
(a) Maintenance instructions. (1) The certificate holder shall
furnish to the purchaser or to the owner of each vehicle or engine
imported under Sec. 85.1505 or Sec. 85.1509 of this section, written
instructions for the maintenance and use of the vehicle or engine by the
purchaser or owner. Each application for final admission of a vehicle or
engine shall provide an attestation that such instructions have been or
will be (if the ultimate producer is unknown) furnished to the purchaser
or owner of such vehicle or engine at the time of sale or redelivery.
The certificate holder shall maintain a record of having furnished such
instructions.
(2) For each vehicle or engine imported under Sec. 85.1509, the
maintenance and use instructions shall be maintained in a file
containing the records for that vehicle or engine.
(3) Such instructions shall not contain requirements more
restrictive than those set forth in 40 CFR part 86, subpart A or subpart
S, as applicable (Maintenance Instructions), and shall be in sufficient
detail and clarity that an automotive mechanic of average training and
ability can maintain or repair the vehicle or engine.
(4) Certificate holders shall furnish with each vehicle or engine a
list of the emission control parts, and emission-related parts added by
the certificate holder and the emission control and emission related
parts furnished by the OEM.
[[Page 42]]
(b) Warranties. (1) Certificate holders shall provide to vehicle or
engine owners emission warranties identical to those required by
sections 207 (a) and (b) of the Act and 40 CFR part 85, subpart V. The
warranty period for each vehicle or engine shall commence on the date
the vehicle or engine is delivered by the certificate holder to the
ultimate purchaser or owner.
(2) Certificate holders shall ensure that these warranties:
(i) Are insured by a prepaid mandatory service insurance policy
underwritten by an independent insurance company;
(ii) Are transferable to each successive owner for the periods
specified in sections 207 (a) and (b); and
(iii) Provide that in the absence of a certificate holder's facility
being reasonably available (i.e., within 50 miles) for performance of
warranty repairs, such warranty repairs may be performed anywhere.
(3) Certificate holders shall attest in each application for final
admission that such warranties will be or have been provided. Copies of
such warranties shall be maintained in a file containing the records for
that vehicle or engine.
(c) Emission labeling. (1) The certificate holder shall affix a
permanent legible label in a readily visible position in the engine
compartment. The label shall meet all the requirements of part 86 and
shall contain the following statement ``This vehicle or engine was
originally produced in (month and year of original production). It has
been imported and modified by (certificate holder's name, address and
telephone number) to conform to U.S. emission regulations applicable to
the (year) model year.'' If the vehicle or engine is owned by the
certificate holder at the time of importation, the label shall also
state ``this vehicle or engine is warranted for five years or 50,000
miles from the date of purchase, whichever comes first.'' If the vehicle
or engine is not owned by the certificate holder at the time of
importation, the label shall state ``this vehicle or engine is warranted
for five years or 50,000 miles from the date of release to the owner,
whichever comes first.'' For vehicles imported under Sec. 85.1509, the
label shall clearly state in bold letters that ``this vehicle has not
been manufactured under a certificate of conformity but meets EPA air
pollution control requirements under a modification/test program.'' In
addition, for all vehicles, the label shall contain the vacuum hose
routing diagram applicable to the vehicles.
(2) As part of the application to the Administrator for final
admission of each individual vehicle or engine under Sec. 85.1509, the
certificate holder shall maintain a copy of such label for each vehicle
or engine in a file containing the records for that vehicle or engine.
Certificate holders importing under Sec. 85.1505 or Sec. 85.1509 shall
attest to compliance with the above labeling requirements in each
application for final admission.
(d) Fuel economy labeling. (1) The certificate holder shall affix a
fuel economy label that complies with the requirements of 40 CFR part
600, subpart D.
(2) For purposes of generating the fuel economy data to be
incorporated on such label, each vehicle imported under Sec. 85.1509
shall be considered to be a separate model type.
(3) As part of the application to the Administrator for final
admission of each individual vehicle or engine imported under Sec.
85.1509, the certificate holder shall maintain a copy of such label for
each vehicle or engine in a file containing the records for that vehicle
or engine. In each application for final admission of a vehicle or
engine under Sec. 85.1505 or Sec. 85.1509, the certificate holder
shall attest to compliance with the above labeling requirements.
(e) Gas guzzler tax. (1) Certificate holders shall comply with any
applicable provisions of the Energy Tax Act of 1978, 26 U.S.C. 4064, for
every vehicle imported under Sec. Sec. 85.1505 and 85.1509.
(2) For vehicles not owned by the certificate holder, the
certificate holder shall furnish to the vehicle owner applicable IRS
forms (currently numbered 720 (Quarterly Federal Excise Tax) and 6197
(Fuel Economy Tax Computation Form)) which relate to the collection of
the gas guzzler tax under the Energy Tax Act of 1978, 26 U.S.C. 4064.
[[Page 43]]
(3) As part of the certificate holder's application to EPA for final
admission of each vehicle imported under Sec. 85.1509, the certificate
holder shall furnish any fuel economy data required by the Energy Tax
Act of 1978, 15 U.S.C. 4064.
(f) Corporate Average Fuel Economy (CAFE). (1) Certificate holders
shall comply with any applicable CAFE requirements of the Energy Policy
and Conservation Act, 15 U.S.C. 2001 et seq., and 40 CFR part 600, for
all vehicles imported under Sec. Sec. 85.1505 and 85.1509.
[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]
Sec. 85.1511 Exemptions and exclusions.
(a) Individuals, as well as certificate holders, shall be eligible
for importing vehicles into the United States under the provisions of
this section, unless otherwise specified.
(b) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine entitled to one of the temporary
exemptions of this paragraph may be conditionally admitted into the
United States if prior written approval for such conditional admission
is obtained from the Administrator. Conditional admission shall be under
bond. A written request for approval from the Administrator shall
contain the identification required in Sec. 85.1504(a)(1) (except for
Sec. 85.1504(a)(1)(v)) and information that indicates that the importer
is entitled to the exemption. Noncompliance with provisions of this
section may result in the forfeiture of the total amount of the bond or
exporation of the vehicle or engine. The following temporary exemptions
are permitted by this paragraph:
(1) Exemption for repairs or alterations. Owners of fleet vehicles
or engines may import such vehicles or engines solely for purposes of
repairs or alterations. Such vehicles or engines may not be registered
or licensed in the United States for use on public roads and highways.
They may not be sold or leased in the United States and must be exported
upon completion of the repairs or alterations.
(2) Testing exemption. Testing vehicles or engines may be imported
by any person subject to the requirements of 40 CFR 85.1705 and 85.1708.
Test vehicles or engines may be operated on and registered for use on
public roads or highways provided that the operation is an integral part
of the test. The exemption shall be limited to a period not exceeding
one year from the date of importation unless a request is made by the
appropriate importer concerning the vehicle in accordance with Sec.
85.1705(f) for a subsequent one-year period.
(3) Precertification exemption. Prototype vehicles for use in
applying to EPA for certification may be imported by independent
commercial importers subject to applicable provisions of 40 CFR 85.1706
and the following requirements:
(i) No more than one prototype vehicle for each engine family for
which an independent commercial importer is seeking certification shall
be imported by each independent commercial importer.
(ii) Unless a certificate of conformity is issued for the prototype
vehicle, the total amount of the bond shall be forfeited or the vehicle
must be exported within 180 days from the date of entry.
(4) Display exemptions. (i) Vehicles or engines intended solely for
display may be imported subject to the requirements of 40 CFR 85.1707.
(ii) Display vehicles or engines may be imported by any person.
Display vehicles or engines may not be sold in the United States and may
not be registered or licensed for use on or operated on public roads or
highways in the United States, unless an applicable certificate of
conformity has been received.
(c) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine may be finally admitted into the United
States under this paragraph if prior written approval for such final
admission is obtained from the Administrator. Conditional admission of
these vehicles is not permitted for the purpose of obtaining written
approval from the Administrator. A request for approval shall contain
the identification information required in Sec. 85.1504(a)(1) (except
for Sec. 85.1504(a)(1)(v)) and information that indicates that the
importer is entitled to the exemption or exclusion.
[[Page 44]]
The following exemptions or exclusions are permitted by this paragraph:
(1) National security exemption. Vehicles may be imported under the
national security exemption found at 40 CFR 85.1708. Only persons who
are manufacturers may import a vehicle under a national security
exemption.
(2) Hardship exemption. The Administrator may exempt on a case-by-
case basis certain motor vehicles from Federal emission requirements to
accommodate unforeseen cases of extreme hardship or extraordinary
circumstances. Some examples are as follows:
(i) Handicapped individuals who needs a special vehicle unavailable
in a certified configuration;
(ii) Individuals who purchase a vehicle in a foreign country where
resale is prohibited upon the departure of such as individual;
(iii) Individuals emigrating from a foreign country to the U.S. in
circumstances of severe hardship.
(d) Foreign diplomatic and military personnel may import
nonconforming vehicles without bond. At the time of admission, the
importer shall submit to the Administrator the written report required
in Sec. 85.1504(a)(1) (except for information required by Sec.
85.1504(a)(1)(v)). Such vehicles may not be be sold in the United
States.
(e) Racing exclusion. Racing vehicles may be imported by any person
provided the vehicles meet one or more of the exclusion criteria
specified in 40 CFR 85.1703. Racing vehicles may not be registered or
licensed for use on or operated on public roads and highways in the
United States.
(f) Exclusions/exemptions based on date of original manufacture. (1)
Notwithstanding any other requirements of this subpart, the following
motor vehicles or motor vehicle engines are excluded from the
requirements of the Act in accordance with section 216(3) of the Act and
may be imported by any person:
(i) Gasoline-fueled light-duty vehicles and light-duty trucks
originally manufactured prior to January 1, 1968.
(ii) Diesel-fueled light-duty vehicles originally manufactured prior
to January 1, 1975.
(iii) Diesel-fueled light-duty trucks originally manufactured prior
to January 1, 1976.
(iv) Motorcycles originally manufactured prior to January 1, 1978.
(v) Gasoline-fueled and diesel-fueled heavy-duty engines originally
manufactured prior to January 1, 1970.
(2) Notwithstanding any other requirements of this subpart, a motor
vehicle or motor vehicle engine not subject to an exclusion under Sec.
85.1511(f)(1) but greater than twenty OP years old is entitled to an
exemption from the requirements of the Act, provided that it is imported
into the United States by a certificate holder. At the time of
admission, the certificate holder shall submit to the Administrator the
written report required in Sec. 85.1504(a)(1) (except for information
required by Sec. 85.1504(a)(1)(v)).
(g) Applications for exemptions and exclusions provided for in
paragraphs (b) and (c) of this section shall be mailed to:
Investigation/Imports Section (EN-340F), Office of Mobile Sources, U.S.
Environmental Protection Agency, Washington, DC 20460.
(h) Vehicles conditionally or finally admitted under paragraphs
(b)(2), (b)(4), (c)(1), (c)(2), and (f)(2) of this section must still
comply with all applicable requirements, if any, of the Energy Tax Act
of 1978, the Energy Policy and Conservation Act and any other Federal or
state requirements.
[52 FR 36156, Sept. 25, 1987; 52 FR 43827, Nov. 16, 1987]
Sec. 85.1512 Admission of catalyst and O[bdi2] sensor-equipped vehicles.
(a)(1) Notwithstanding other provisions of this subpart, any person
may conditionally import a vehicle which:
(i) Was covered by a certificate of conformity at the time of
original manufacture or had previously been admitted into the United
States under Sec. 85.1505 or Sec. 85.1509 (after June 30, 1988).
(ii) Was certified, or previously admitted under Sec. 85.1505 or
Sec. 85.1509 (after June 30, 1988), with a catalyst emission control
system and/or O2 sensor;
(iii) Is labeled in accordance with 40 CFR part 86, subpart A or
subpart S, or, where applicable, Sec. 85.1510(c); and
(iv) Has been driven outside the United States, Canada and Mexico or
[[Page 45]]
such other countries as EPA may designate.
(2) Such vehicle must be entered under bond pursuant to 19 CFR 12.73
unless it is included in a catalyst and O2 sensor control
program approved by the Administrator upon such terms as may be deemed
appropriate. Catalyst and O2 sensor programs conducted by
manufacturers may be approved each model year.
(b) For the purpose of this section, ``catalyst and O2
sensor control program'' means a program instituted and maintained by a
manufacturer, or any U.S. Government Agency for the purpose of
preservation, replacement, or initial installation of catalytic
converters and cleaning and/or replacement of O2 sensors and,
if applicable, restricted fuel filler inlets.
(c) For the purpose of this section, ``driven outside the United
States, Canada and Mexico'' does not include mileage accumulated on
vehicles solely under the control of manufacturers of new motor vehicles
or engines for the purpose of vehicle testing and adjustment, and
preparation for shipment to the United States.
(d) Vehicles conditionally imported pursuant to this section and
under bond must be modified in accordance with the certificate of
conformity applicable at the time of manufacture. In the case of
vehicles previously imported under Sec. 85.1509 or Sec. 85.1504 (prior
to July 1, 1988), the replacement catalyst and O2 sensor, if
applicable, must be equivalent (in terms of emission reduction) to the
original catalyst and O2 sensor. Such vehicles may be granted
final admission upon application to the Administrator, on forms
specified by the Administrator. Such application shall contain the
information required in Sec. 85.1504(a)(1) (i) through (v) and shall
contain both an attestation by a qualified mechanic that the catalyst
has been replaced and the O2 sensor has been replaced, if
necessary, and that both parts are functioning properly, and a copy of
the invoice for parts and labor.
[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]
Sec. 85.1513 Prohibited acts; penalties.
(a) The importation of a motor vehicle or motor vehicle engine which
is not covered by a certificate of conformity other than in accordance
with this subpart and the entry regulations of the U.S. Customs Service
at 19 CFR 12.73 is prohibited. Failure to comply with this section is a
violation of section 203(a)(1) of the Act.
(b) Unless otherwise permitted by this subpart, during a period of
conditional admission, the importer of a vehicle shall not:
(1) Operate the vehicle on streets or highways,
(2) Sell or offer the vehicle or engine for sale, or
(3) Store the vehicle on the premises of a dealer.
(c) Any vehicle or engine conditionally admitted pursuant to Sec.
85.1504, Sec. 85.1511 or Sec. 85.1512, and not granted final admission
within 120 days of such conditional admission, or within such additional
time as the U.S. Customs Service may allow, shall be deemed to be
unlawfully imported into the United States in violation of section
203(a)(1) of the Act, unless such vehicle or engine shall have been
delivered to the U.S. Customs Service for export or other disposition
under applicable Customs laws and regulations. Any vehicles or engines
not so delivered shall be subject to seizure by the U.S. Customs
Service.
(d) Any importer who violates section 203(a)(1) of the Act is
subject to a civil penalty under section 205 of the Act of not more than
$32,500 for each vehicle or engine subject to the violation. In addition
to the penalty provided in the Act, where applicable, under the
exemption provisions of Sec. 85.1511(b), or under Sec. 85.1512, any
person or entity who fails to deliver such vehicle or engine to the U.S.
Customs Service is liable for liquidated damages in the amount of the
bond required by applicable Customs laws and regulations.
(e)(1) A certificate holder whose vehicles or engines imported under
Sec. 85.1505 or Sec. 85.1509 fail to conform to Federal emission
requirements after modification and/or testing under the Federal Test
Procedure (FTP) or who fails to comply with applicable provisions of
[[Page 46]]
this subpart, may, in addition to any other applicable sanctions and
penalties, be subject to any, or all, of the following sanctions:
(i) The certificate holder's currently held certificates of
conformity may be revoked or suspended;
(ii) The certificate holder may be deemed ineligible to apply for
new certificates for up to 3 years; and
(iii) The certificate holder may be deemed ineligible to import
vehicles or engines under Sec. 85.1509 in the future and be placed on a
list of certificate holders ineligible to import vehicles or engines
under the provisions of Sec. 85.1509.
(2) Grounds for the actions described in paragraph (e)(1) of this
section shall include, but not be limited to, the following:
(i) Action or inaction by the certificate holder or the laboratory
performing the FTP on behalf of the certificate holder which results in
fraudulent, deceitful or grossly inaccurate representation of any fact
or condition which affects a vehicle's or engine's eligibility for
admission to the U.S. under this subpart;
(ii) Failure of a significant number of vehicles or engines imported
to comply with Federal emission requirements upon EPA inspection or
retest; or
(iii) Failure by a certificate holder to comply with requirements of
this subpart.
(3) The following procedures govern any decision to suspend, revoke,
or refuse to issue certificates under this subpart:
(i) When grounds appear to exist for the actions described in
paragraph (e)(1) of this section, the Administrator shall notify the
certificate holder in writing of any intended suspension or revocation
of a certificate, proposed ineligibility to apply for new certificates,
or intended suspension of eligibility to conduct modification/testing
under Sec. 85.1509, and the grounds for such action.
(ii) Except as provided by paragraph (e)(3)(iv) of this section, the
certificate holder must take the following actions before the
Administrator will consider withdrawing notice of intent to suspend or
revoke the certificate holder's certificate or the certificate holder's
eligibility to perform modification/testing under Sec. 85.1509:
(A) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the vehicle or engines, describes
the proposed remedy, including a description of any proposed quality
control and/or quality assurance measures to be taken by the certificate
holder to prevent the future occurrence of the problem, and states the
date on which the remedies will be implemented; or
(B) Demonstrate that the vehicles or engines do in fact comply with
applicable regulations in this chapter by retesting such vehicles or
engines in accordance with the FTP.
(iii) A certificate holder may request within 15 calendar days of
the Administrator's notice of intent to suspend or revoke a certificate
holder's eligibility to perform modification/testing or certificate that
the Administrator grant such certificate holder a hearing:
(A) As to whether the tests have been properly conducted,
(B) As to any substantial factual issue raised by the
Administrator's proposed action.
(iv) If, after the Administrator notifies a certificate holder of
his/her intent to suspend or revoke a certificate holder's certificate
of conformity or its eligibility to perform modification/testing under
Sec. 85.1509 and prior to any final suspension or revocation, the
certificate holder demonstrates to the Administrator's satisfaction that
the decision to initiate suspension or revocation of the certificate or
eligibility to perform modification/testing under Sec. 85.1509 was
based on erroneous information, the Administrator will withdraw the
notice of intent.
(4) Hearings on suspensions and revocations of certificates of
conformity or of eligibility to perform modification/testing under Sec.
85.1509 shall be held in accordance with the following:
(i) Applicability. The procedures prescribed by this section shall
apply whenever a certificate holder requests a hearing pursuant to
subsection (e)(3)(iii).
(ii) Hearing under paragraph (e)(3)(iii) of this section shall be
held in
[[Page 47]]
accordance with the procedures outlined in Sec. 88.613, where
applicable, provided that where Sec. 86.612 is referred to in Sec.
86.613: Section 86.612(a) is replaced by Sec. 85.1513(d)(2); and Sec.
86.612(i) is replaced by Sec. 85.1513(d)(3)(iii).
(5) When a hearing is requested under this paragraph and it clearly
appears from the data or other information contained in the request for
a hearing, or submitted at the hearing, that there is no genuine and
substantial question of fact with respect to the issue of whether the
certificate holder failed to comply with this subpart, the Administrator
will enter an order denying the request for a hearing, or terminating
the hearing, and suspending or revoking the certificate of conformity or
the certificate holder's eligibility to perform modification/testing
under Sec. 85.1509.
(6) In lieu of requesting a hearing under paragraph (e)(3)(iii) of
this section, a certificate holder may respond in writing to EPA's
charges in the notice of intent to suspend or revoke. Such a written
response must be received by EPA within 30 days of the date of EPA's
notice of intent. No final decision to suspend or revoke will be made
before that time.
[52 FR 36156, Sept. 25, 1987, as amended at 70 FR 40430, July 13, 2005]
Sec. 85.1514 Treatment of confidential information.
(a) Any importer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, an importer must indicate clearly the items of information
claimed confidential by marking, circling, bracketing, stamping, or
otherwise specifying the confidential information. Furthermore, EPA
requests, but does not require, that the submitter also provide a second
copy of its submittal from which all confidential information has been
deleted. If a need arises to publicly release nonconfidential
information, EPA will assume that the submitter has accurately deleted
the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter.
Sec. 85.1515 Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.
(a) Notwithstanding any other requirements of this subpart, any
motor vehicle or motor vehicle engine conditionally imported pursuant to
Sec. 85.1505 or Sec. 85.1509 and required to be emission tested shall
be tested using the FCT at 40 CFR part 86 applicable to current model
year motor vehicles and motor vehicle engines at the time of testing.
(b) The emission standards applicable to nonconforming light-duty
vehicles and light-duty trucks imported pursuant to this subpart are
outlined in tables 1 and 2 of this section, respectively. The useful
life as specified in tables 1 and 2 of this section is applicable to
imported light-duty vehicles and light-duty trucks, respectively.
(c)(1) Nonconforming motor vehicles or motor vehicle engines of 1994
OP model year and later conditionally imported pursuant to Sec. 85.1505
or Sec. 85.1509 shall meet all of the emission standards specified in
40 CFR part 86 for the OP year of the vehicle or motor vehicle engine.
At the option of the ICI, the nonconforming motor vehicle may comply
with the emissions standards in 40 CFR 86.1708-99 or 86.1709-99, as
applicable to a light-duty vehicle or light light-duty truck, in lieu of
the otherwise applicable emissions standards specified in 40 CFR part 86
for the OP year of the vehicle. The provisions of 40 CFR 86.1710-99 do
not apply to imported nonconforming motor vehicles. The useful life
specified in 40 CFR part 86
[[Page 48]]
for the OP year of the motor vehicle or motor vehicle engine is
applicable where useful life is not designated in this subpart.
(2)(i) Nonconforming light-duty vehicles and light light-duty trucks
(LDV/LLDTs) originally manufactured in OP years 2004, 2005 or 2006 must
meet the FTP exhaust emission standards of bin 9 in Tables S04-1 and
S04-2 in 40 CFR 86.1811-04 and the evaporative emission standards for
light-duty vehicles and light light-duty trucks specified in 40 CFR
86.1811-01(e)(5).
(ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty passenger
vehicles (MDPVs) originally manufactured in OP years 2004 through 2006
must meet the FTP exhaust emission standards of bin 10 in Tables S04-1
and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative emission
standards specified in 40 CFR 86.1811-04(e)(5). For 2004 OP year HLDTs
and MDPVs where modifications commence on the first vehicle of a test
group before December 21, 2003, this requirement does not apply to the
2004 OP year. ICIs opting to bring all of their 2004 OP year HLDTs and
MDPVs into compliance with the exhaust emission standards of bin 10 in
Tables S04-1 and S04-2 in 40 CFR 86.1811-04 , may use the optional
higher NMOG values for their 2004-2006 OP year LDT2s and 2004-2008
LDT4s.
(iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) originally manufactured in OP years 2007 and
2008 must meet the FTP exhaust emission standards of bin 8 in Tables
S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative
standards specified in 40 CFR 86.1811-04(e)(5).
(iv) Nonconforming LDV/LDTs originally manufactured in OP years 2007
and later and nonconforming HLDTs and MDPVs originally manufactured in
OP years 2009 and later must meet the FTP exhaust emission standards of
bin 5 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04, and the
evaporative standards specified in 40 CFR 86.1811(e)(1) through (e)(4).
(v) ICIs are exempt from the Tier 2 and the interim non-Tier2 phase-
in intermediate percentage requirements for exhaust, evaporative, and
refueling emissions described in 40 CFR 86.1811-04.
(vi) In cases where multiple standards exist in a given model year
in 40 CFR part 86 due to phase-in requirements of new standards, the
applicable standards for motor vehicle engines required to be certified
to engine-based standards are the least stringent standards applicable
to the engine type for the OP year.
(vii) Nonconforming LDV/LLDTs originally manufactured in OP years
2009 and later must meet the evaporative emission standards in Table
S09-1 in 40 CFR 86.1811-09(e). However, LDV/LLDTs originally
manufactured in OP years 2009 and 2010 and imported by ICIs who qualify
as small volume manufacturers as defined in 40 CFR 86.1838-01 are exempt
from the LDV/LLDT evaporative emission standards in Table S09-1 in 40
CFR 86.1811-09(e), but must comply with the Tier 2 evaporative emission
standards in Table S04-3 in 40 CFR 86.1811-04(e).
(viii) Nonconforming HLDTs and MDPVs originally manufactured in OP
years 2010 and later must meet the evaporative emission standards in
Table S09-1 in 40 CFR 86.1811-09(e). However, HLDTs and MDPVs originally
manufactured in OP years 2010 and 2011 and imported by ICIs, who qualify
as small volume manufacturers as defined in 40 CFR 86.1838-01, are
exempt from the HLDTs and MDPVs evaporative emission standards in Table
S09-1 in 40 CFR 86.1811-09(e), but must comply with the Tier 2
evaporative emission standards in Table S04-3 in 40 CFR 86.1811-04(e).
(3)(i) As an option to the requirements of paragraph (c)(2) of this
section, independent commercial importers may elect to meet lower bins
in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in
paragraph (c)(2) of this section and bank or sell credits as permitted
in 40 CFR 86.1860-04 and 40 CFR 86.1861-04. An ICI may not meet higher
bins in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in
paragraph (c)(2) of this section unless it demonstrates to the
Administrator at the time of certification that it has obtained
appropriate and sufficient
[[Page 49]]
NOX credits from another manufacturer, or has generated them
in a previous model year or in the current model year and not
transferred them to another manufacturer or used them to address other
vehicles as permitted in 40 CFR 86.1860-04 and 40 CFR 86.1861-04.
(ii) Where an ICI desires to obtain a certificate of conformity
using a bin higher than specified in paragraph (c)(2) of this section,
but does not have sufficient credits to cover vehicles produced under
such certificate, the Administrator may issue such certificate if the
ICI has also obtained a certificate of conformity for vehicles certified
using a bin lower than that required under paragraph (c)(2) of this
section. The ICI may then produce vehicles to the higher bin only to the
extent that it has generated sufficient credits from vehicles certified
to the lower bin during the same model year.
(4) [Reserved]
(5) Except for the situation where an ICI desires to bank, sell or
use NOX credits as described in paragraph (c)(3) of this
section, the requirements of 40 CFR 86.1811-04 related to fleet average
NOX standards and requirements to comply with such standards
do not apply to vehicles modified under this subpart.
(6) ICIs using bins higher than those specified in paragraph (c)(2)
of this section must monitor their production so that they do not
produce more vehicles certified to the standards of such bins than their
available credits can cover. ICIs must not have a credit deficit at the
end of a model year and are not permitted to use the deficit
carryforward provisions provided in 40 CFR 86.1860-04(e).
(7) The Administrator may condition the certificates of conformity
issued to ICIs as necessary to ensure that vehicles subject to paragraph
(c) of this section comply with the appropriate average NOX
standard for each model year.
(8)(i) Nonconforming LDV/LLDTs originally manufactured in OP years
2010 and later must meet the cold temperature NHMC emission standards in
Table S10-1 in 40 CFR 86.1811-10(g).
(ii) Nonconforming HLDTs and MDPVs originally manufactured in OP
years 2012 and later must meet the cold temperature NHMC emission
standards in Table S10-1 in 40 CFR 86.1811-10(g).
(iii) ICIs, which qualify as small volume manufacturers, are exempt
from the cold temperature NMHC phase-in intermediate percentage
requirements described in 40 CFR 86.1811-10(g)(3). See 40 CFR 86.1811-
04(k)(5)(vi) and (vii).
(iv) As an alternative to the requirements of paragraphs (c)(8)(i)
and (ii) of this section, ICIs may elect to meet a cold temperature NMHC
family emission level below the cold temperature NMHC fleet average
standards specified in Table S10-1 of 40 CFR 86.1811-10 and bank or sell
credits as permitted in 40 CFR 86.1864-10. An ICI may not meet a higher
cold temperature NMHC family emission level than the fleet average
standards in Table S10-1 of 40 CFR 86.1811-10 as specified in paragraphs
(c)(8)(i) and (ii) of this section, unless it demonstrates to the
Administrator at the time of certification that it has obtained
appropriate and sufficient NMHC credits from another manufacturer, or
has generated them in a previous model year or in the current model year
and not traded them to another manufacturer or used them to address
other vehicles as permitted in 40 CFR 86.1864-10.
(v) Where an ICI desires to obtain a certificate of conformity using
a higher cold temperature NMHC family emission level than specified in
paragraphs (c)(8)(i) and (ii) of this section, but does not have
sufficient credits to cover vehicles imported under such certificate,
the Administrator may issue such certificate if the ICI has also
obtained a certificate of conformity for vehicles certified using a cold
temperature NMHC family emission level lower than that required under
paragraphs (c)(8)(i) and (ii) of this section. The ICI may then import
vehicles to the higher cold temperature NMHC family emission level only
to the extent that it has generated sufficient credits from vehicles
certified to a family emission level lower than the cold temperature
NMHC fleet average standard during the same model year.
(vi) ICIs using cold temperature NMHC family emission levels higher
than the cold temperature NMHC fleet average standards specified in
paragraphs (c)(8)(i) and (ii) of this section
[[Page 50]]
must monitor their imports so that they do not import more vehicles
certified to such family emission levels than their available credits
can cover. ICIs must not have a credit deficit at the end of a model
year and are not permitted to use the deficit carryforward provisions
provided in 40 CFR 86.1864-10.
(vii) The Administrator may condition the certificates of conformity
issued to ICIs as necessary to ensure that vehicles subject to this
paragraph (c)(8) comply with the applicable cold temperature NMHC fleet
average standard for each model year.
(d) Except as provided in paragraph (c) of this section, ICI's must
not participate in emission-related programs for emissions averaging,
banking and trading, or nonconformance penalties.
Table 1 to Sec. 85.1515--Emission Standards Applicable to Imported Light-Duty Motor Vehicles \1,2,3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oxides of Diesel Evaporative Useful
OP Year Hydrocarbon Carbon monoxide nitrogen Particulate hydrocarbon (years/miles) life
--------------------------------------------------------------------------------------------------------------------------------------------------------
1968-76......................... 1.5 gpm 15 gpm 3.1 gpm ................ 6.0 g/test 5/50,000
1977-79......................... 1.5 gpm 15 gpm 2.0 gpm ................ 6.0 g/test 5/50,000
1980............................ 0.41 gpm 7.0 gpm 2.0 gpm ................ 6.0 g/test 5/50,000
1981............................ 0.41 gpm 3.4 gpm 1.0 gpm ................ 2.0 g/test 5/50,000
1982-86......................... 0.41 gpm 3.4 gpm 1.0 gpm 0.60 gpm 2.0 g/test 5/50,000
1987-93......................... 0.41 gpm 3.4 gpm 1.0 gpm 0.20 gpm 2.0 g/test 5/50,000
1994 and later.................. (\4\) (\4\) (\4\) (\4\) (\4\) (\4\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Diesel particulate standards apply only to diesel fueled light-duty vehicles. Evaporative hydrocarbon standards apply only to non-diesel fueled
light-duty vehicles. For alternative fueled light-duty vehicles, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon
equivalent grams carbon per test, as applicable.
\2\ No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty vehicle.
\3\ All light-duty vehicles shall meet the applicable emission standards at both low and high-altitudes according to the procedures specified in 40 CFR
part 86 for current model year motor vehicles at the time of testing.
\4\ Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).
Table 2--Emission Standards Applicable to Imported Light-Duty Trucks \1,2,3,4,5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oxides of Diesel Evaporative Useful
OP year Hydrocarbon Carbon monoxide nitrogen Particulate hydrocarbon (years/miles) life
--------------------------------------------------------------------------------------------------------------------------------------------------------
1968-78......................... 2.0 gpm 20 gpm 3.1 gpm ................ 6.0 g/test 5/50,000
1979-80......................... 1.7 gpm 18 gpm 2.3 gpm ................ 6.0 g/test 5/50,000
1981............................ 1.7 gpm 18 gpm 2.3 gpm ................ 2.0 g/test 5/50,000
1982-83......................... 1.7 gpm 18 gpm 2.3 gpm 0.60 gpm 2.0 g/test 5/50,000
(2.0) (26) (2.3) (0.60) (2.6)
1984............................ 0.80 gpm 10 gpm 2.3 gpm 0.60 gpm 2.0 g/test 5/50,000
(1.0) (14) (2.3) (0.60) (2.6)
1985-86......................... 0.80 gpm 10 gpm 2.3 gpm 0.60 gpm 2.0 g/test 11/120,000
(1.0) (14) (2.3) (0.60) (2.6)
1987............................ 0.80 gpm 10 gpm 2.3 gpm 0.26 gpm 2.0 g/test 11/120,000
(1.0) (14) (2.3) (0.26) (2.6)
1988-89......................... 0.80 gpm 10 gpm 1.2 gpm\6\ 0.26 gpm\7\ 2.0 g/test 11/120,000
(1.0) (14) (1.2) (2.0) (2.6)
0.80 gpm 10 gpm 1.7 gpm\6\ 0.45 gpm\7\ 2.0 g/test 11/120,000
(1.0) (14) (1.7) (0.26) (2.6)
0.80 gpm 10 gpm 2.3 gpm\6\ 0.45 gpm\7\ 2.0 g/test 11/120,000
(1.0) (14) (2.3) (0.26) (2.6)
1990-93......................... 0.80 gpm 10 gpm 1.2 gpm\8\ 0.26 gpm\7\ 2.0 g/test 11/120,000
(1.0) (14) (1.2) (0.26) (2.6)
0.80 gpm 10 gpm 1.7 gpm\8\ 0.45 gpm\7\ 2.0 g/test 11/120,000
(1.0) (14) (1.7) (0.26) (2.6)
1994 and later.................. (\9\) (\9\) (\9\) (\9\) (\9\) (\9\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Diesel particulate standards apply only to diesel fueled light-duty trucks. Evaporative hydrocarbon standards apply only to non-diesel fueled light-
duty trucks. For alternative fueled light-duty trucks, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon equivalent
grams carbon per test, as applicable.
\2\ No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty truck.
\3\ A carbon monoxide standard of 0.50% of exhaust flow at curb idle is applicable to all 1984 and later model year light-duty trucks sold to, or owned
by, an importer for principal use at other than a designated high-altitude location. This requirement is effective for light-duty trucks sold to, or
owned by an importer for principal use at a designated high-altitude location beginning with the 1988 model year.
\4\ All 1982 OP year and later light-duty trucks sold to, or owned by, an importer for principal use at a designated high-altitude location shall meet
high-altitude emission standards according to the requirements specified in 40 CFR part 86 for current model year light-duty trucks at the time of
testing.
\5\ Standards in parentheses apply to motor vehicles sold to, or owned by, an importer for principal use at a designated high-altitude location. These
standards must be met at high-altitude according to the procedures specified in 40 CFR part 86 for current model year motor vehicles at the time of
testing.
[[Page 51]]
\6\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight and 6,000 pounds or
less gross vehicle weight the 1.7 gpm standard applies to light-duty trucks greater than 3,750 pound loaded vehicle weight and 6,000 pounds or less
gross vehicle weight; the 2.3 gpm standard applies to light-duty trucks 6,001 pounds gross vehicle weight and greater.
\7\ The diesel particulate standard of 0.26 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 0.45 gpm
standard applies to light-duty trucks 3,751 pounds and greater loaded vehicle weight.
\8\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 1.7 gpm standard
applies to light-duty trucks 3,751 pounds and greater loaded vehicle weight.
\9\ Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).
[61 FR 5842, Feb. 14, 1996, as amended at 62 FR 31232, June 6, 1997; 63
FR 964, Jan. 7, 1998; 65 FR 6847, Feb. 10, 2000; 70 FR 40430, July 13,
2005; 72 FR 8560, Apri. 27, 2007]
Subpart Q [Reserved]
Subpart R_Exclusion and Exemption of Motor Vehicles and Motor Vehicle
Engines
Authority: Secs. 208(b)(1), 216(2), and 301, Clean Air Act (42
U.S.C. 7522, 7550, and 7061).
Source: 39 FR 32611, Sept. 10, 1974, unless otherwise noted.
Sec. 85.1701 General applicability.
(a) The provisions of this subpart regarding exemption are
applicable to new and in-use motor vehicles and motor vehicle engines.
(b) The provisions of this subpart regarding exclusion are
applicable after the effective date of these regulations.
(c) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles
under the provisions of 40 CFR part 86, subpart S.
[39 FR 32611, Sept. 10, 1974, as amended at 64 FR 23919, May 4, 1999; 65
FR 59943, Oct. 6, 2000]
Sec. 85.1702 Definitions.
(a) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act:
(1) Export exemption means an exemption granted by statute under
section 203(b)(3) of the Act for the purpose of exporting new motor
vehicles or new motor vehicle engines.
(2) National security exemption means an exemption which may be
granted under section 203(b)(1) of the Act for the purpose of national
security.
(3) Pre-certification vehicle means an uncertified vehicle which a
manufacturer employs in fleets from year to year in the ordinary course
of business for product development, production method assessment, and
market promotion purposes, but in a manner not involving lease or sale.
(4) Pre-certification vehicle engine means an uncertified heavy-duty
engine owned by a manufacturer and used in a manner not involving lease
or sale in a vehicle employed from year to year in the ordinary course
of business for product development, production method assessment and
market promotion purposes.
(5) Testing exemption means an exemption which may be granted under
section 203(b)(1) for the purpose of research investigations, studies,
demonstrations or training, but not including national security.
[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980;
47 FR 30484, July 14, 1982]
Sec. 85.1703 Definition of motor vehicle.
(a) For the purpose of determining the applicability of section
216(2), a vehicle which is self-propelled and capable of transporting a
person or persons or any material or any permanently or temporarily
affixed apparatus shall be deemed a motor vehicle, unless any one or
more of the criteria set forth below are met, in which case the vehicle
shall be deemed not a motor vehicle:
(1) The vehicle cannot exceed a maximum speed of 25 miles per hour
over level, paved surfaces; or
(2) The vehicle lacks features customarily associated with safe and
practical street or highway use, such features including, but not being
limited to, a reverse gear (except in the case of motorcycles), a
differential, or safety features required by state and/or federal law;
or
[[Page 52]]
(3) The vehicle exhibits features which render its use on a street
or highway unsafe, impractical, or highly unlikely, such features
including, but not being limited to, tracked road contact means, an
inordinate size, or features ordinarily associated with military combat
or tactical vehicles such as armor and/or weaponry.
(b) [Reserved]
[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980;
73 FR 59178, Oct. 8, 2008; 75 FR 22977, Apr. 30, 2010]
Sec. 85.1704 Who may request an exemption.
(a) Any person may request a testing exemption.
(b) Any manufacturer may request a national security exemption under
Sec. 85.1708.
(c) For manufacturers, vehicles or engines for export purposes are
exempt without application, subject to the provisions of Sec. 85.1709.
For eligible manufacturers, as determined by Sec. 85.1706, vehicles or
engines for pre-certification purposes are exempt without application,
subject to the provisions of Sec. 85.1706(a).
[45 FR 13733, Mar. 3, 1980, as amended at 47 FR 30484, July 14, 1982]
Sec. 85.1705 Testing exemption.
(a) Any person requesting a testing exemption must demonstrate the
following:
(1) That the proposed test program has a purpose which constitutes
an appropriate basis for an exemption in accordance with section
203(b)(1);
(2) That the proposed test program necessitates the granting of an
exemption;
(3) That the proposed test program exhibits reasonableness in scope;
and
(4) That the proposed test program exhibits a degree of control
consonant with the purpose of the program and the Environmental
Protection Agency's (hereafter EPA) monitoring requirements. Paragraphs
(b), (c), (d), and (e) of this section describe what constitutes a
sufficient demonstration for each of the four above identified elements.
(b) With respect to the purpose of the proposed test program, an
appropriate purpose is one which is consistent with one or more of the
bases for exemption set forth under section 203(b)(1), namely, research,
investigations, studies, demonstrations, or training, but not including
national security. A concise statement of purpose is a required item of
information.
(c) With respect to the necessity that an exemption be granted,
necessity arises from an inability to achieve the stated purpose in a
practicable manner without performing or causing to be performed one or
more of the prohibited acts under section 203(a). In appropriate
circumstances time constraints may be a sufficient basis for necessity,
but the cost of certification alone, in the absence of extraordinary
circumstances, is not a basis for necessity.
(d) With respect to reasonableness, a test program must exhibit a
duration of reasonable length and affect a reasonable number of vehicles
or engines. In this regard, required items of information include:
(1) An estimate of the program's duration;
(2) The maximum number of vehicles or engines involved; and
(e) With respect to control, the test program must incorporate
procedures consistent with the purpose of the test and be capable of
affording EPA monitoring capability. As a minimum, required items of
information include:
(1) The technical nature of the test;
(2) The site of the test;
(3) The time or mileage duration of the test;
(4) The ownership arrangement with regard to the vehicles or engines
involved in the test;
(5) The intended final disposition of the vehicles or engines;
(6) The manner in which vehicle identification numbers or the engine
serial numbers will be identified, recorded, and made available; and
(7) The means or procedure whereby test results will be recorded.
(f) A manufacturer of new motor vehicles or new motor vehicle
engines may request a testing exemption to cover any vehicles and/or
engines intended for use in test programs planned
[[Page 53]]
or anticipated over the course of a subsequent one-year period. Unless
otherwise required by the Director, Manufacturers Operations Division, a
manufacturer requesting such an exemption need only furnish the
information required by paragraphs (a)(1) and (d)(2) of this section
along with a description of the recordkeeping and control procedures
that will be employed to assure that the vehicles and/or engines are
used for purposes consistent with section 203(b)(1).
[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980;
47 FR 30484, July 14, 1982]
Sec. 85.1706 Pre-certification exemption.
(a) Except as provided in paragraph (b) of this section, any pre-
certification vehicle or pre-certification vehicle engine, as defined by
Sec. 85.1702(a) (3) or (4), is exempt from section 203(a), without
application, if the manufacturer complies with the following terms and
conditions:
(1) The manufacturer shall create, maintain, and make available at
reasonable times for review or copying by appropriate EPA employees
records which provide each vehicle identification or engine serial
number, indicate the use of the vehicle or engine on exempt status and
indicate the final disposition of any vehicle or engine removed from
exempt status; and
(2) Unless the requirement is waived or an alternative procedure is
approved by the Director, Manufacturers Operations Division, the
manufacturer shall permanently affix to each vehicle or engine on exempt
status in a readily visible portion of the engine compartment (on a
readily visible portion of a heavy-duty engine or in a readily
accessible position on a motorcycle) a label which cannot be removed
without destruction or defacement and which states in the English
language, in block letters and numerals of a color that contrasts with
the background of the label, the following information:
(i) The label heading: Emission Control Information;
(ii) Full corporate name and trademark of manufacturer;
(iii) Engine displacement, engine family identification and model
year of vehicle or engine; or person or office to be contacted for
further information about the vehicle or engine;
(iv) The statement: THIS VEHICLE OR ENGINE IS EXEMPT FROM THE
PROHIBITIONS OF SECTIONS 203(a)(1), (3) and (4) OF THE CLEAN AIR ACT, AS
AMENDED.
(3) No provision of paragraph (a)(2) of this section shall prevent a
manufacturer from including any other information it desires on the
label.
(b) Any manufacturer that desires a pre-certification exemption and
is in the business of importing, modifying or testing uncertified
vehicles for resale under the provisions of 40 CFR 85.1501, et seq.,
must apply to the Director, Manufacturers Operations Division. The
Director may require such manufacturers to submit information regarding
the general nature of the fleet activities, the number of vehicles
involved, and a demonstration that adequate record-keeping procedures
for control purposes will be employed.
[47 FR 30484, July 14, 1982]
Sec. 85.1707 Display exemption.
Where an uncertified vehicle or engine is a display vehicle or
engine to be used solely for display purposes, will not be operated on
the public streets or highways except for that operation incident and
necessary to the display purpose, and will not be sold unless an
applicable certificate of conformity has been received, no request for
exemption of the vehicle or engine is necessary.
[39 FR 32611, Sept. 10, 1974. Redesignated and amended at 47 FR 30484,
July 14, 1982]
Sec. 85.1708 National security exemption.
A manufacturer requesting a national security exemption must state
the purpose for which the exemption is required and the request must be
endorsed by an agency of the Federal Government charged with
responsibility for national defense.
[39 FR 32611, Sept. 10, 1974. Redesignated at 47 FR 30484, July 14,
1982]
Sec. 85.1709 Export exemptions.
(a) A new motor vehicle or new motor vehicle engine intended solely
for export, and so labeled or tagged on the outside of the container and
on the
[[Page 54]]
vehicle or engine itself, shall be subject to the provisions of section
203(a) of the Act, unless the importing country has new motor vehicle
emission standards which differ from the USEPA standards.
(b) For the purpose of paragraph (a) of this section, a country
having no standards, whatsoever, is deemed to be a country having
emission standards which differ from USEPA standards.
(c) EPA shall periodically publish in the Federal Register a list of
foreign countries which have in force emissions standards identical to
USEPA standards and have so notified EPA. New motor vehicles or new
motor vehicle engines exported to such countries shall comply with USEPA
certification regulations.
(d) It is a condition of any exemption for the purpose of export
under section 203(b)(3) of the Act, that such exemption shall be void ab
initio with respect to a new motor vehicle or new motor vehicle engine
intended solely for export where:
(1) Such motor vehicle or motor vehicle engine is sold, or offered
for sale, to an ultimate purchaser in the United States for purposes
other than export; and
(2) The motor vehicle or motor vehicle engine manufacturer had
reason to believe that any such vehicle would be sold or offered for
sale as described in paragraph (d)(1) of this section.
[39 FR 32611, Sept. 10, 1974. Redesignated at 47 FR 30484, July 14,
1982]
Sec. 85.1710 Granting of exemptions.
(a) If upon completion of the review of an exemption request, as
required by Sec. Sec. 85.1705 and 85.1708, the granting of an exemption
is deemed appropriate, a memorandum of exemption will be prepared and
submitted to the person requesting the exemption. The memorandum will
set forth the basis for the exemption, its scope, and such terms and
conditions as are deemed necessary. Such terms and conditions will
generally, include, but are not limited to, agreements by the applicant
to conduct the exempt activity in the manner described to EPA, create
and maintain adequate records accessible to EPA at reasonable times,
employ labels for the exempt engines or vehicles setting forth the
nature of the exemption, take appropriate measures to assure that the
terms of the exemption are met, and advise EPA of the termination of the
activity and the ultimate disposition of the vehicles or engines.
(b) Any exemption granted pursuant to paragraph (a) of this section
shall be deemed to cover any subject vehicle or engine only to the
extent that the specified terms and conditions are complied with. A
breach of any term or condition shall cause the exemption to be void ab
initio with respect to any vehicle or engine. Consequently, the causing
or the performing of an act prohibited under sections 203(a) (1) or (3)
of the Clean Air Act other than in strict conformity with all terms and
conditions of this exemption shall render the person to whom the
exemption is granted, and any other person to whom the provisions of
section 203 are applicable, liable to suit under sections 204 and 205 of
the Act.
[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980.
Redesignated and amended at 47 FR 30485, July 14, 1982]
Sec. 85.1711 Submission of exemption requests.
Requests for exemption or furtheinformation concerning exemptions
and/or the exemption request review procedure should be addressed to:
Director
Manufacturers Operations Division (EN-340)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.,
Washington, DC 20460
[39 FR 32611, Sept. 10, 1974, as amended at 44 FR 61962, Oct. 29, 1979.
Redesignated and amended at 47 FR 30485, July 14, 1982]
Sec. 85.1712 Treatment of confidential information.
(a) Any person or manufacturer may assert that some or all of the
information submitted pursuant to this subpart is entitled to
confidential treatment as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a person or manufacturer
[[Page 55]]
must indicate clearly the items of information claimed confidential by
marking, circling, bracketing, stamping, or otherwise specifying the
confidential information. Furthermore, EPA requests, but does not
require, that the submitter also provide a second copy of it submittal
from which all confidential information has been deleted. If a need
arises to publicly release nonconfidential information, EPA will assume
that the submitter has accurately deleted the confidential information
from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to ths subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34797, Aug. 27, 1985]
Sec. 85.1713 Delegated-assembly exemption.
The provisions of 40 CFR 1068.261 related to shipping engines that
are not yet in their certified configuration apply for manufacturers of
heavy-duty highway engines starting in the 2010 model year, with the
following exceptions and clarifications:
(a) The relevant prohibitions are in Clean Air Act section 203 (42
U.S.C. 7522), rather than 40 CFR 1068.101.
(b) References to equipment should be understood as references to
vehicles.
(c) The provisions related to reduced auditing rates in 40 CFR
1068.261(d)(3)(iii) apply starting with the 2014 model year.
(d) The provisions related to supplemental labeling described in 40
CFR 1068.261(c)(7)(i) and (ii) apply starting with the 2010 model year.
(e) The engine's model year does not change based on the date the
vehicle manufacturer adds the aftertreatment device.
[73 FR 59178, Oct. 8, 2008]
Sec. 85.1714 Replacement-engine exemption.
(a) Engine manufacturers may use the provisions of 40 CFR 1068.240
to exempt new replacement heavy-duty highway engines as specified in
this section.
(b) The following provisions from 40 CFR part 1068 apply for all
complete and partially complete engines produced by an engine
manufacturer choosing to produce any exempt replacement engines under
this section:
(1) The definition of engine in 40 CFR 1068.30.
(2) The provisions of 40 CFR 1068.260 and 1068.262.
(c) Notify us in writing that you intend to use the provisions of
this section prior to producing such engines. An authorized
representative of your company must approve and sign the notification.
Your notification is considered to be your agreement to comply with all
the requirements of this section.
(d) Engine manufacturers choosing to use the provisions of this
section may opt out by sending us written notice that they will no
longer introduce into U.S. commerce engines exempted under this section.
[73 FR 59178, Oct. 8, 2008]
Sec. 85.1715 Aircraft meeting the definition of motor vehicle.
This section applies for aircraft meeting the definition of motor
vehicle in Sec. 85.1703.
(a) For the purpose of this section, aircraft means any vehicle
capable of sustained air travel above treetop heights.
(b) The standards, requirements, and prohibitions of 40 CFR part 86
do not apply for aircraft or aircraft engines. Standards apply
separately to certain aircraft engines, as described in 40 CFR part 87.
[75 FR 22977, Apr. 30, 2010]
Subpart S_Recall Regulations
Authority: Sec. 301(a), Clean Air Act, 81 Stat. 504, as amended by
sec. 15(c), 84 Stat. 1713 (42 U.S.C. 1857g(a)). The regulations
implement sec. 207(c) (1)-(2), Clean Air Act, 84 Stat. 1697 (42 U.S.C.
1847f-5a(c)(1)-(2)); sec.
[[Page 56]]
208(a), Clean Air Act, 81 Stat. 501, as renumbered by sec. 8(a), 84
Stat. 1694 (42 U.S.C. 1857f-6(a)).
Source: 39 FR 44375, Dec. 23, 1974, unless otherwise noted.
Sec. 85.1801 Definitions.
For the purposes of this subpart, except as otherwise provided,
words shall be defined as provided for by sections 214 and 302 of the
Clean Air Act, 42 U.S.C. 1857, as amended.
(a) Act shall mean the Clean Air Act, 42 U.S.C. 1857, as amended.
(b) Days shall mean calendar days.
Sec. 85.1802 Notice to manufacturer of nonconformity; submission of
Remedial Plan.
(a) A manufacturer will be notified whenever the Administrator has
determined that a substantial number of a class or category of vehicles
or engines produced by that manufacturer, although properly maintained
and used, do not conform to the regulations prescribed under section 202
of the Act in effect during (and applicable to) the model year of such
vehicle. The notification will include a description of each class or
category of vehicles or engines encompassed by the determination of
nonconformity, will give the factual basis for the determination of
nonconformity (except information previously provided the manufacturer
by the Agency), and will designate a date, no sooner than 45 days from
the date of receipt of such notification, by which the manufacturer
shall have submitted a plan to remedy the nonconformity.
(b) Unless a hearing is requested pursuant to Sec. 85.1807, the
remedial plan shall be submitted to the Administrator within the time
limit specified in the Administrator's notification, provided that the
Administrator may grant the manufacturer an extension upon good cause
shown.
(c) If a manufacturer requests a public hearing pursuant to Sec.
85.1807, unless as a result of such hearing the Administrator withdraws
his determination of nonconformity, the manufacturer shall submit the
remedial plan within 30 days of the end of such hearing.
[39 FR 44375, Dec. 23, 1974, as amended at 42 FR 36456, July 15, 1977]
Sec. 85.1803 Remedial Plan.
(a) When any manufacturer is notified by the Administrator that a
substantial number of any class or category of vehicles or engines,
although properly maintained and used, do not conform to the regulations
(including emission standards) or family particulate emission limits, as
defined in part 86 promulgated under section 202 of the Act and in
effect during (and applicable to) the model year of such class or
classes of vehicles or engines, the manufacturer shall submit a plan to
the Administrator to remedy such nonconformity. The plan shall contain
the following:
(1) A description of each class or category of vehicle or engine to
be recalled including the model year, the make, the model, and such
other information as may be required to identify the vehicles or engines
to be recalled.
(2) A description of the specific modifications, alterations,
repairs, corrections, adjustments or other changes to be made to bring
the vehicles or engines into conformity including a brief summary of the
data and technical studies which support the manufacturer's decision as
to the particular remedial changes to be used in correcting the
nonconformity.
(3) A description of the method by which the manufacturer will
determine the names and addresses of vehicle or engine owners.
(4) A description of the proper maintenance or use, if any, upon
which the manufacturer conditions eligibility for repair under the
remedial plan, an explanation of the manufacturer's reasons for imposing
any such condition, and a description of the proof to be required of a
vehicle or engine owner to demonstrate compliance with any such
condition. Eligibility may not be denied solely on the basis that the
vehicle or engine owner used parts not manufactured by the original
equipment vehicle manufacturer, or had repairs performed by outlets
other than the vehicle manufacturer's franchised dealers. No maintenance
or use condition may be imposed unless it is, in the judgement of the
Administrator, demonstrably related to preventing the nonconformity.
[[Page 57]]
(5) A description of the procedure to be followed by vehicle or
engine owners to obtain correction of the nonconformity. This shall
include designation of the date on or after which the owner can have the
nonconformity remedied, the time reasonably necessary to perform the
labor required to correct the nonconformity, and the designation of
facilities at which the nonconformity can be remedied: Provided, That
repair shall be completed within a reasonable time designated by the
Administrator from the date the owner first tenders his vehicle or
engine after the date designated by the manufacturer as the date on or
after which the owner can have the nonconformity remedied.
(6) If some or all of the nonconforming vehicles or engines are to
be remedied by persons other than dealers or authorized warranty agents
of the manufacturer, a description of the class of persons other than
dealers and authorized warranty agents of the manufacturer who will
remedy the nonconformity, and a statement indicating that the
participating members of the class will be properly equipped to perform
such remedial action.
(7) Three copies of the letters of notification to be sent to
vehicle or engine owners.
(8) A description of the system by which the manufacturer will
assure that an adequate supply of parts will be available to perform the
repair under the remedial plan including the date by which an adequate
supply of parts will be available to initiate the repair campaign, the
percentage of the total parts requirement of each person who is to
perform the repair under the remedial plan to be shipped to initiate the
campaign, and the method to be used to assure the supply remains both
adequate and responsive to owner demand.
(9) Three copies of all necessary instructions to be sent to those
persons who are to perform the repair under the remedial plan.
(10) A description of the impact of the proposed changes on fuel
consumption, driveability, and safety of each class or category of
vehicles or engines to be recalled and a brief summary of the data,
technical studies, or engineering evaluations which support these
conclusions.
(11) Any other information, reports or data which the Administrator
may reasonably determine is necessary to evaluate the remedial plan.
(b)(1) Notification to vehicle or engine owners shall be made by
first class mail or by such means as approved by the Administrator:
Provided, That for good cause, the Administrator may require the use of
certified mail to ensure an effective notification.
(2) The manufacture shall use all reasonable means necessary to
locate vehicle or engine owners: Provided, That for good cause, the
Administrator may require the manufacturer to use motor vehicle
registration lists as available from State or commercial sources to
obtain the names and addresses of vehicle or engine owners to ensure an
effective notification.
(3) The Administrator reserves the right to require the manufacturer
to send by first class mail or other reasonable means subsequent
notification to vehicle or engine owners: Provided, That for good cause,
the Administrator may require the use of certified mail to ensure an
effectctive notification.
(c)(1) The manufacturer shall require those who perform the repair
under the remedial plan to affix a label to each vehicle or engine
repaired or, when required, inspected under the remedial plan.
(2) The label shall be placed in such location as approved by the
Administrator consistent with State law and shall be fabricated of a
material suitable for the location in which it is installed and which is
not readily removable intact.
(3) The label shall contain:
(i) The recall campaign number; and
(ii) A code designating the campaign facility at which the repair,
or inspection for repair was performed.
(4) The Administrator reserves the right to waive any or all of the
requirements of this paragraph if he determines that they constitute an
unwarranted burden to the manufacturer.
(d) The Administrator may require the manufacturer to conduct tests
on components and vehicles or engines incorporating a proposed change,
repair, or modification reasonably designed
[[Page 58]]
and necessary to demonstrate the effectiveness of the change, repair, or
modification.
Note: An interpretive ruling regarding Sec. 85.1803 is published in
appendix A to this subpart.
[39 FR 44375, Dec. 23, 1974, as amended at 40 FR 28067, July 3, 1975; 42
FR 36456, July 15, 1977; 45 FR 36398, May 30, 1980; 48 FR 33462, July
21, 1983]
Sec. 85.1804 Approval of Plan: Implementation.
(a) If the Administrator finds that the remedial plan is designed
and effective to correct the nonconformity, he will so notify the
manufacturer in writing. If the remedial plan is not approved, the
Administrator will provide the manufacturer notice of the disapproval
and the reasons for the disapproval in writing.
(b) Upon receipt of notice from the Administrator that the remedial
plan has been approved, the manufacturer shall commence implementation
of the approved plan. Notification of vehicle or engine owners shall be
in accordance with requirements of this subpart and shall proceed as
follows:
(1) When no public hearing as described in Sec. 85.1807 is
requested by the manufacturer, notification of vehicles or engine owners
shall commence within 15 working days of the receipt by the manufacturer
of the Administrator's approval unless otherwise specified by the
Administrator.
(2) When a public hearing as described in Sec. 85.1807 is held,
unless as a result of such hearing the Administrator withdraws the
determination of nonconformity, the Administrator shall, within 60 days
after the completion of such hearing, order the manufacturer to provide
prompt notification of such nonconformity.
Sec. 85.1805 Notification to vehicle or engine owners.
(a) The notification of vehicle or engine owners shall contain the
following:
(1) The statement: ``The Administrator of the U.S. Environmental
Protection Agency has determined that your vehicle or engine may be
emitting pollutants in excess of the Federal emission standards or
family particulate emission limits, as defined in part 86. These
standards or family particulate emission limits, as defined in part 86
were established to protect the public health or welfare from the
dangers of air pollution.''
(2) A statement that the nonconformity of any such vehicles or
engines which have been, if required by the remedial plan, properly
maintained and used, will be remedied at the expense of the
manufacturer.
(3) A description of the proper maintenance or use, if any, upon
which the manufacturer conditions eligibility for repair under the
remedial plan and a description of the proof to be required of a vehicle
or engine owner to demonstrate compliance with such condition.
Eligibility may not be denied solely on the basis that the vehicle or
engine owner used parts not manufactured by the original equipment
vehicle manufacturer, or had repairs performed by outlets other than the
vehicle manufacturer's franchised dealers.
(4) A clear description of the components which will be affected by
the remedy and a general statement of the measures to be taken to
correct the nonconformity.
(5) A statement that such nonconformity if not repaired may cause
the vehicle or engine to fail an emission inspection test when such
tests are required under State or local law.
(6) A description of the adverse affects, if any, that an
uncorrected nonconformity would have on the performance or driveability
of the vehicle or engine.
(7) A description of the adverse affects, if any, that such
nonconformity would have on the functions of other engine components.
(8) A description of the procedure which the vehicle or engine owner
should follow to obtain correction of the nonconformity. This shall
include designation of the date on or after which the owner can have the
nonconformity remedied, the time reasonably necessary to perform the
labor required to correct the nonconformity, and the designation of
facilities at which the nonconformity can be remedied.
(9) A card to be used by a vehicle or engine owner in the event the
vehicle or engine to be recalled has been sold.
[[Page 59]]
Such card should be addressed to the manufacturer and shall provide a
space in which the owner may indicate the name and address of the person
to whom the vehicle or engine was sold.
(10) The statement: ``In order to ensure your full protection under
the emission warranty made applicable to your (vehicle or engine) by
Federal law, and your right to participate in future recalls, it is
recommended that you have (vehicle or engine) serviced as soon as
possible. Failure to do so could legally be determined to be a lack of
proper maintenance of your (vehicle or engine).''
(b) No notice sent pursuant to paragraph (a) of this section nor any
other contemporaneous communication sent to vehicle or engine owners or
dealers shall contain any statement or implication that the
nonconformity does not exist or that the nonconformity will not degrade
air quality.
(c) The manufacturer shall be informed of any other requirements
pertaining to the notification under this section which the
Administrator has determined are reasonable and necessary to ensure the
effectiveness of the recall campaign.
[39 FR 44375, Dec. 23, 1974, as amended at 48 FR 33462, July 21, 1983]
Sec. 85.1806 Records and reports.
(a) The manufacturer shall provide to the Administrator a copy of
all communications which relate to the remedial plan directed to dealers
and other persons who are to perform the repair under the remedial plan.
Such copies shall be mailed to the Administrator contemporaneously with
their transmission to dealers and other persons who are to perform the
repair under the remedial plan.
(b) The manufacturer shall provide for the establishment and
maintenance of records to enable the Administrator to conduct a
continuing analysis of the adequacy of the recall campaign. The records
shall include, for each class or category of vehicle or engine, but need
not be limited to, the following:
(1) Recall campaign number as designated by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the recall campaign.
(4) Number of vehicles or engines known or estimated to be affected
by the nonconformity.
(5) Number of vehicles or engines inspected pursuant to the remedial
plan.
(6) Number of inspected vehicles found to be affected by the
nonconformity.
(7) Number of vehicles actually receiving repair under the remedial
plan.
(8) Number of vehicles determined to be unavailable for inspection
or repair under the remedial plan due to exportation, theft, scrapping
or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for
remedial action due to a failure to properly maintain or use such
vehicles or engines.
(c) If the manufacturer determines that the original answers for
paragraphs (b) (3) and (4) of this section are incorrect, revised
figures and an explanatory note shall be submitted. Answers to
paragraphs (b) (5), (6), (7), and (8), and (9) of this section shall be
cumulative totals.
(d) Unless otherwise directed by the Administrator, the information
specified in paragraph (b) of this section shall be included in
quarterly reports, with respect to each recall campaign, for six
consecutive quarters beginning with the quarter in which the
notification of owners was initiated, or until all nonconforming
vehicles or engines involved in the campaign have been remedied,
whichever occurs sooner. Such reports shall be submitted no later than
25 working days after the close of each calendar quarter.
(e) The manufacturer shall maintain in a form suitable for
inspection, such as computer information storage devices or card files,
lists of the names and addresses of vehicles or engine owners.
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the remedial
plan; and
(3) When eligibility for repair is conditioned on proper maintenance
or use, that were determined not to qualify for such remedial action.
[[Page 60]]
(f) The records described in paragraph (e) of this section shall be
made available to the Administrator upon request.
(g) The records and reports required by this section shall be
retained for not less than 5 years.
[39 FR 44375, Dec. 23, 1974; 40 FR 3447, Jan. 22, 1975]
Sec. 85.1807 Public hearings.
(a) Definitions. The following definitions shall be applicable to
this section:
(1) ``Hearing Clerk'' shall mean the Hearing Clerk of the
Environmental Protection Agency.
(2) ``Intervener'' shall mean a person who files a petition to be
made an intervener pursuant to paragraph (g) of this section and whose
petition is approved.
(3) ``Manufacturer'' refers to a manufacturer contesting a recall
order directed at that manufacturer.
(4) ``Party'' shall include the Environmental Protection Agency, the
manufacturer, and any interveners.
(5) ``Presiding Officer'' shall mean an Administrative Law Judge
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as
amended).
(6) ``Environmental Appeals Board'' shall mean the Board within the
Agency described in Sec. 1.25 of this title. The Administrator
delegates authority to the Environmental Appeals Board to issue final
decisions in appeals filed under this subpart. Appeals directed to the
Administrator, rather than to the Environmental Appeals Board, will not
be considered. This delegation of authority to the Environmental Appeals
Board does not preclude the Environmental Appeals Board from referring
an appeal or a motion filed under this subpart to the Administrator for
decision when the Environmental Appeals Board, in its discretion, deems
it appropriate to do so. When an appeal or motion is referred to the
Administrator, all parties shall be so notified and the rules in this
part referring to the Environmental Appeals Board shall be interpreted
as referring to the Administrator.
(b) Request for public hearing. (1)(i) If the manufacturer disagrees
with the Administrator's finding of nonconformity he may request a
public hearing as described in this section. Requests for such a hearing
shall be filed with the Administrator not later than 45 days after the
receipt of the Administrator's notification of nonconformity unless
otherwise specified by the Administrator. Two copies of such request
shall simultaneously be served upon the Director of the Manufacturers
Operations Division and two copies filed with the Hearing Clerk. Failure
of the manufacturer to request a hearing within the time provided shall
constitute a waiver of his right to such a hearing. In such a case, the
manufacturer shall carry out the recall order as required by Sec.
85.1803-6.
(ii) Subsequent to the expiration of the period for requesting a
hearing as of right, the Administrator may, in his discretion and for
good cause shown, grant the manufacturer a hearing to contest the
nonconformity.
(2) The request for a public hearing shall contain:
(i) A statement as to which classes or categories of vehicles or
engines are to be the subject of the hearing;
(ii) A concise statement of the issues to be raised by the
manufacturer at the hearing for each class or category of engine or
vehicle for which the manufacturer has requested the hearing; and
(iii) A statement as to reasons the manufacturer believes he will
prevail on the merits on each of the issues so raised.
(3) A copy of all requests for public hearings shall be kept on file
in the Office of the Hearing Clerk and shall be made available to the
public during Agency business hours.
(c) Filing and service. (1) An original and two copies of all
documents or papers required or permitted to be filed pursuant to this
section shall be filed with the Hearing Clerk. Filing shall be deemed
timely if mailed, as determined by the postmark, to the Hearing Clerk
within the time allowed by this section. If filing is to be accomplished
by mailing, the documents shall be sent to the address set forth in the
notice of public hearing as described in paragraph (f) of this section.
(2) Except for requests to commence a hearing, at the same time a
party
[[Page 61]]
files with the Hearing Clerk any additional issues for consideration at
the hearing or any written testimony, documents, papers, exhibits, or
materials, proposed to be introduced into evidence or papers filed in
connection with any appeal, it shall serve upon all other parties copies
thereof. A certificate of service shall be provided on or accompany each
document or paper filed with the Hearing Clerk. Documents to be served
upon the Director of the Manufacturers Operations Division shall be
mailed to: Director, Manufacturers Operations Division, U.S.
Environmental Protection Agency (EG-340), 1200 Pennsylvania Ave., NW.,
WSM, Washington, DC 20460. Service by mail is complete upon mailing.
(d) Time. (1) In computing any period of time prescribed or allowed
by this section, except as otherwise provided, the day of the act or
event from which the designated period of time begins to run shall not
be included. Saturdays, Sundays, and Federal legal holidays shall be
included in computing any such period allowed for the filing of any
document or paper, except that when such period expires on a Saturday,
Sunday, or Federal legal holiday, such period shall be extended to
include the next following business day.
(2) A prescribed period of time within which a party is required or
permitted to do an act shall be computed from the time of service,
except that when service is accomplished by mail, three days shall be
added to the prescribed period.
(e) Consolidation. The Administrator or the Presiding Officer in his
discretion may consolidate two or more proceedings to be held under this
section for the purpose of resolving one or more issues whenever it
appears that such consolidation will expedite or simplify consideration
of such issues. Consolidation shall not affect the right of any party to
raise issues that could have been raised if consolidation had not
occurred.
(f) Notice of public hearings. (1) Notice of a public hearing under
this section shall be given by publication in the Federal Register.
Notice will be given at least 30 days prior to the commencement of such
hearings.
(2) The notice of a public hearing shall include the following
information:
(i) The purpose of the hearing and the legal authority under which
the hearing is to be held;
(ii) A brief summary of the Administrator's determination of
nonconformity;
(iii) A brief summary of the manufacturer's basis for contesting the
Administrator's determination of nonconformity;
(iv) Information regarding the time and location of the hearing and
the address to which all documents required or permitted to be filed
should be sent;
(v) The address of the Hearing Clerk to whom all inquiries should be
directed and with whom documents are required to be filed;
(vi) A statement that all petitions to be made an intervener must be
filed with the Hearing Clerk within 25 days from the date of the notice
of public hearing and must conform to the requirements of paragraph (g)
of this section.
(3) The notice of public hearing shall be issued by the Assistant
Administrator for Enforcement and General Counsel.
(g) Interveners. (1) Any person desiring to intervene in a hearing
to be held under section 207(c)(1) of the Act shall file a petition
setting forth the facts and reasons why he thinks he should be permitted
to intervene.
(2) In passing upon a petition to intervene, the following factors,
among other things, shall be considered by the Presiding Officer:
(i) The nature of the petitioner's interest including the nature and
the extent of the property, financial, environmental protection, or
other interest of the petitioner;
(ii) The effect of the order which may be entered in the proceeding
on petitioner's interest;
(iii) The extent to which the petitioner's interest will be
represented by existing parties or may be protected by other means;
(iv) The extent to which petitioner's participation may reasonably
be expected to assist materially in the development of a complete
record;
[[Page 62]]
(v) The effect of the intervention on the Agency's statutory
mandate.
(3) A petition to intervene must be filed within 25 days following
the notice of public hearing under section 207(c) (1) of the Act and
shall be served on all parties. Any opposition to such petition must be
filed within five days of such service.
(4) All petitions to be made an intervener shall be reviewed by the
Presiding Officer using the criteria set forth in paragraph (g)(2) of
this section and considering any oppositions to such petition. Where the
petition demonstrates that the petitioner's interest is limited to
particular issues, the Presiding Officer may, in granting such petition,
limit petitioner's participation to those particular issues only.
(5) If the Presiding Officer grants the petition with respect to any
or all issues, he shall so notify, or direct the Hearing Clerk to
notify, the petitioner and all parties. If the Presiding Officer denies
the petition he shall so notify, or direct the Hearing Clerk to notify,
the petitioner and all parties and shall briefly state the reasons why
the petition was denied.
(6) All petitions to be made an intervener shall include an
agreement by the petitioner, and any person represented by the
petitioner, to be subject to examination and cross-examination and to
make any supporting and relevant records available at its own expense
upon the request of the Presiding Officer, on his own motion or the
motion of any party or other intervener. If the intervener fails to
comply with any such request, the Presiding Officer may in his
discretion, terminate his status as an intervener.
(h) Intervention by motion. Following the expiration of the time
prescribed in paragraph (g) of this section for the submission of
petitions to intervene in a hearing, any person may file a motion with
the Presiding Officer to intervene in a hearing. Such a motion must
contain the information and commitments required by paragraphs (g) (2)
and (6) of this section, and, in addition, must show that there is good
cause for granting the motion and must contain a statement that the
intervener shall be bound by agreements, arrangements, and other
determinations which may have been made in the proceeding.
(i) Amicus Curiae. Persons not parties to the proceedings wishing to
file briefs may do so by leave of the Presiding Officer granted on
motion. A motion for leave shall identify the interest of the applicant
and shall state the reasons why the proposed amicus brief is desirable.
(j) Presiding Officer. The Presiding Officer shall have the duty to
conduct a fair and impartial hearing in accordance with 5 U.S.C. 554,
556 and 557, to take all necessary action to avoid delay in the
disposition of the proceedings and to maintain order. He shall have all
power consistent with Agency rule and with the Administrative Procedure
Act necessary to this end, including the following:
(1) To administer oaths and affirmations;
(2) To rule upon offers of proof and receive relevant evidence;
(3) To regulate the course of the hearings and the conduct of the
parties and their counsel therein;
(4) To hold conferences for simplification of the issues or any
other proper purpose;
(5) To consider and rule upon all procedural and other motions
appropriate in such proceedings;
(6) To require the submission of direct testimony in written form
with or without affidavit whenever, in the opinion of the Presiding
Officer, oral testimony is not necessary for full and true disclosure of
the facts. Testimony concerning the conduct and results of tests and
inspections may be submitted in written form.
(7) To enforce agreements and orders requiring access as authorized
by law;
(8) To require the filing of briefs on any matter on which he is
required to rule;
(9) To require any party or any witness, during the course of the
hearing, to state his position on any issue;
(10) To take or cause depositions to be taken whenever the ends of
justice would be served thereby;
(11) To make decisions or recommend decisions to resolve the
disputed issues of the record of the hearing.
[[Page 63]]
(12) To issue, upon good cause shown, protective orders as described
in paragraph (n) of this section.
(k) Conferences. (1) At the discretion of the Presiding Officer,
conferences may be held prior to or during any hearing. The Presiding
Officer shall direct the Hearing Clerk to notify all parties and
interveners of the time and location of any such conference. At the
discretion of the Presiding Officer, persons other than parties may
attend. At a conference the Presiding Officer may:
(i) Obtain stipulations and admissions, receive requests and order
depositions to be taken, identify disputed issues of fact and law, and
require or allow the submission of written testimony from any witness or
party;
(ii) Set a hearing schedule for as many of the following as are
deemed necessary by the Presiding Officer:
(A) Oral and written statements;
(B) Submission of written direct testimony as required or authorized
by the Presiding Officer;
(C) Oral direct and cross-examination of a witness where necessary
as prescribed in paragraph (p) of this section;
(D) Oral argument, if appropriate.
(iii) Identify matters of which official notice may be taken;
(iv) Consider limitation of the number of expert and other
witnesses;
(v) Consider the procedure to be followed at the hearing; and
(vi) Consider any other matter that may expedite the hearing or aid
in the disposition of the issue.
(2) The results of any conference including all stipulations shall,
if not transcribed, be summarized in writing by the Presiding Officer
and made part of the record.
(l) Primary discovery (exchange of witness lists and documents). (1)
At a prehearing conference or within some reasonable time set by the
Presiding Officer prior to the hearing, each party shall make available
to the other parties the names of the expert and other witnesses the
party expects to call, together with a brief summary of their expected
testimony and a list of all documents and exhibits which the party
expects to introduce into evidence. Thereafter, witnesses, documents, or
exhibits may be added and summaries of expected testimony amended upon
motion by a party.
(2) The Presiding Officer, may, upon motion by a party or other
person, and for good cause shown, by order (i) restrict or defer
disclosure by a party of the name of a witness or a narrative summary of
the expected testimony of a witness, and (ii) prescribe other
appropriate measures to protect a witness. Any party affected by any
such action shall have an adequate opportunity, once he learns the name
of a witness and obtains the narrative summary of his expected
testimony, to prepare for the presentation of his case.
(m) Other discovery. (1) Except as so provided by paragraph (l) of
this section, further discovery, under this paragraph, shall be
permitted only upon determination by the Presiding Officer:
(i) That such discovery will not in any way unreasonably delay the
proceeding;
(ii) That the information to be obtained is not obtainable
voluntarily; and
(iii) That such information has significant probative value. The
Presiding Officer shall be guided by the procedures set forth in the
Federal Rules of Civil Procedure, where practicable, and the precedents
thereunder, except that no discovery shall be undertaken except upon
order of the Presiding Officer or upon agreement of the parties.
(2) The Presiding Officer shall order depositions upon oral
questions only upon a showing of good cause and upon a finding that:
(i) The information sought cannot be obtained by alternative
methods; or
(ii) There is a substantial reason to believe that relevant and
probative evidence may otherwise not be preserved for presentation by a
witness at the hearing.
(3) Any party to the proceeding desiring an order of discovery shall
make a motion or motions therefor. Such a motion shall set forth:
(i) The circumstances warranting the taking of the discovery;
(ii) The nature of the information expected to be discovered; and
(iii) The proposed time and place where it will be taken. If the
Presiding Officer determines the motion should
[[Page 64]]
be granted, he shall issue an order for the taking of such discovery
together with the conditions and terms thereof.
(4) Failure to comply with an order issued pursuant to this
paragraph may lead to the inference that the information to be
discovered would be adverse to the person or party from whom the
information was sought.
(n) Protective orders: in camera proceedings. (1) Upon motion by a
party or by the person from whom discovery is sought, and upon a showing
by the movant that the disclosure of the information to be discovered,
or a particular part thereof, (other than emission data) would result in
methods or processes entitled to protection as trade secrets of such
person being divulged, the Presiding Officer may enter a protective
order with respect to such material. Any protective order shall contain
such terms governing the treatment of the information as may be
appropriate under the circumstances to prevent disclosure outside the
hearing: Provided, That the order shall state that the material shall be
filed separately from other evidence and exhibits in the hearing.
Disclosure shall be limited to parties to the hearing, their counsel and
relevant technical consultants, and authorized representatives of the
United States concerned with carrying out the Act. Except in the case of
the government, disclosure may be limited to counsel to parties who
shall not disclose such information to the parties themselves. Except in
the case of the government, disclosure to a party or his counsel shall
be conditioned on execution of a sworn statement that no disclosure of
the information will be made to persons not entitled to receive it under
the terms of the protective order. (No such provision is necessary where
government employees are concerned because disclosure by them is subject
to the terms of 18 U.S.C. 1905.)
(2)(i) A party or person seeking a protective order may be permitted
to make all or part of the required showing in camera. A record shall be
made of such in camera proceedings. If the Presiding Officer enters a
protective order following a showing in camera, the record of such
showing shall be sealed and preserved and made available to the Agency
or court in the event of appeal.
(ii) Attendance at any in camera proceeding may be limited to the
Presiding Officer, the Agency, and the person or party seeking the
protective order.
(3) Any party, subject to the terms and conditions of any protective
order issued pursuant to paragraph (n)(1) of this section, desiring for
the presentation of his case to make use of any in camera documents or
testimony shall make application to the Presiding Officer by motion
setting forth the justification therefor. The Presiding Officer, in
granting any such motion, shall enter an order protecting the rights of
the affected persons and parties and preventing unnecessary disclosure
of such information, including the presentation of such information and
oral testimony and cross-examination concerning it in executive session,
as in his discretion is necessary and practicable.
(4) In the submittal of proposed findings, briefs, or other papers,
counsel for all parties shall make a good faith attempt to refrain from
disclosing the specific details of in camera documents and testimony.
This shall not preclude references in such proposed findings, briefs, or
other papers to such documents or testimony including generalized
statements based on their contents. To the extent that counsel consider
it necessary to include specific details in their presentations, such
data shall be incorporated in separate proposed findings, briefs, or
other papers marked ``confidential'', which shall become part of the in
camera record.
(o) Motions. (1) All motions, except those made orally during the
course of the hearing, shall be in writing and shall state with
particularity the grounds therefor, shall set forth the relief or order
sought, and shall be filed with the Hearing Clerk and served upon all
parties.
(2) Within ten days after service of any motion filed pursuant to
this section, or within such other time as may be fixed by the
Environmental Appeals Board or the Presiding Officer, as appropriate,
any party may serve and file an answer to the motion. The movant
[[Page 65]]
shall, if requested by the Environmental Appeals Board or the Presiding
Officer, as appropriate, serve and file reply papers within the time set
by the request.
(3) The Presiding Officer shall rule upon all motions filed or made
prior to the filing of his decision or accelerated decision, as
appropriate. The Environmental Appeals Board shall rule upon all motions
filed prior to the appointment of a Presiding Officer and all motions
filed after the filing of the decision of the Presiding Officer or
accelerated decision. Oral argument of motions will be permitted only if
the Presiding Officer or the Environmental Appeals Board, as
appropriate, deems it necessary.
(p) Evidence. (1) The official transcripts and exhibits, together
with all papers and requests filed in the proceeding, shall constitute
the record. Immaterial or irrelevant parts of an admissible document
shall be segregated and excluded so far as practicable. Documents or
parts thereof subject to a protective order under paragraph (n) of this
section shall be segregated. Evidence may be received at the hearing
even though inadmissible under the rules of evidence applicable to
judicial proceedings. The weight to be given evidence shall be
determined by its reliability and probative value.
(2) The Presiding Officer shall allow the parties to examine and to
crossexamine a witness to the extent that such examination and cross-
examination is necessary for a full and true disclosure of the facts.
(3) Rulings of the Presiding Officer on the admissibility of
evidence, the propriety of examination and cross-examination and other
procedural matters shall appear in the record.
(4) Parties shall automatically be presumed to have taken exception
to an adverse ruling.
(q) Interlocutory appeal. (1) An interlocutory appeal may be taken
to the Environmental Appeals Board either (i) with the consent of the
Presiding Officer and where he certifies on the record or in writing
that the allowance of an interlocutory appeal is clearly necessary to
prevent exceptional delay, expense or prejudice to any party or
substantial detriment to the public interest, or (ii) absent the consent
of the Presiding Officer, by permission of the Environmental Appeals
Board.
(2) Applications for interlocutory appeal of any ruling or order of
the Presiding Officer may be filed with the Presiding Officer within 5
days of the issuance of the ruling or order being appealed. Answers
thereto by other parties may be filed within 5 days of the service of
such applications.
(3) The Presiding Officer shall rule on such applications within 5
days of the filing of such application or answers thereto.
(4) Applications to file such appeals absent consent of the
Presiding Officer shall be filed with the Environmental Appeals Board
within 5 days of the denial of any appeal by the Presiding Officer.
(5) The Environmental Appeals Board will consider the merits of the
appeal on the application and any answers thereto. No oral argument will
be heard nor other briefs filed unless the Environmental Appeals Board
directs otherwise.
(6) Except under extraordinary circumstances as determined by the
Presiding Officer, the taking of an interlocutory appeal will not stay
the hearing.
(r) Record. (1) Hearings shall be stenographically reported and
transcribed, and the original transcript shall be part of the record and
the sole official transcript. Copies of the record shall be filed with
the Hearing Clerk and made available during Agency business hours for
public inspection. Any person desiring a copy of the record of the
hearing or any part thereof shall be entitled to the same upon payment
of the cost thereof.
(2) The official transcripts and exhibits, together with all papers
and requests filed in the proceeding, shall constitute the record.
(s) Proposed findings, conclusions. (1) Within 20 days of the close
of the reception of evidence, or within such longer time as may be fixed
by the Presiding Officer, any party may submit for the consideration of
the Presiding Officer proposed findings of fact, conclusions of law, and
a proposed rule or order, together with reasons therefor and briefs
[[Page 66]]
in support thereof. Such proposals shall be in writing, shall be served
upon all parties, and shall contain adequate references to the record
and authorities relied on.
(2) The record shall show the Presiding Officer's ruling on the
proposed findings and conclusions except when his order disposing of the
proceeding otherwise informs the parties of the action taken by him
thereon.
(t) Decision of the Presiding Officer. (1) Unless extended by the
Environmental Appeals Board, the Presiding Officer shall issue and file
with the Hearing Clerk his decision within 30 days after the period for
filing proposed findings as provided for in paragraph (s) of this
section has expired.
(2) The Presiding Officer's decision shall become the opinion of the
Environmental Appeals Board (i) when no notice of intention to appeal as
described in paragraph (u) of this section is filed, 30 days after the
issuance thereof, unless in the interim the Environmental Appeals Board
shall have taken action to review or stay the effective date of the
decision; or (ii) when a notice of intention to appeal is filed but the
appeal is not perfected as required by paragraph (u) of this section, 5
days after the period allowed for perfection of an appeal has expired
unless within that 5 day period, the Environmental Appeals Board shall
have taken action to review or stay the effective date of the decision.
(3) The Presiding Officer's decision shall include a statement of
findings and conclusions, as well as the reasons or basis therefor, upon
all the material issues of fact or law presented on the record and an
appropriate rule or order. Such decision shall be supported by
substantial evidence and based upon a consideration of the whole record.
(4) At any time prior to the issuance of his decision, the Presiding
Officer may reopen the proceeding for the reception of further evidence.
Except for the correction of clerical errors, the jurisdiction of the
Presiding Officer is terminated upon the issuance of his decision.
(u) Appeal from the Decision of the Presiding Officer. (1) Any party
to a proceeding may appeal the Presiding Officer's decision to the
Environmental Appeals Board, Provided, That within 10 days after
issuance of the Presiding Officer's decision such party files a notice
of intention to appeal and an appeal brief within 30 days of such
decision.
(2) When an appeal is taken from the decision of the Presiding
Officer, any party may file a brief with respect to such appeal. The
brief shall be filed within 20 days of the date of the filing of the
appellant's brief.
(3) Any brief filed pursuant to this paragraph shall contain in the
order indicated, the following:
(i) A subject index of the matter in the brief, with page
references, and a table of cases (alphabetically arranged), textbooks,
statutes, and other material cited, with page references thereto;
(ii) A specification of the issues intended to be urged;
(iii) The argument presenting clearly the points of fact and law
relied upon in support of the position taken on each issue, with
specific page references to the record and the legal or other material
relied upon; and
(iv) A proposed form of rule or order for the Environmental Appeals
Board's consideration if different from the rule or order contained in
the Presiding Officer's decision.
(4) No brief in excess of 40 pages shall be filed without leave of
the Environmental Appeals Board.
(5) Oral argument will be allowed in the discretion of the
Environmental Appeals Board.
(v) Review of the Presiding Officer's Decision in Absence of Appeal.
(1) If, after the expiration of the period for taking an appeal as
provided for by paragraph (u) of this section, no notice of intention to
appeal the decision of the Presiding Officer has been filed, or if
filed, not perfected, the Hearing Clerk shall so notify the
Environmental Appeals Board.
(2) The Environmental Appeals Board, upon receipt of notice from the
Hearing Clerk that no notice of intention to appeal has been filed, or
if filed, not perfected pursuant to paragraph (u) of this section, may,
on its own motion, within the time limits specified
[[Page 67]]
in paragraph (t)(2) of this section, review the decision of the
Presiding Officer. Notice of the intention of the Environmental Appeals
Board to review the decision of the Presiding Officer shall be given to
all parties and shall set forth the scope of such review and the issue
which shall be considered and shall make provision for filing of briefs.
(w) Decision on appeal or review. (1) Upon appeal from or review of
the Presiding Officer's decision, the Environmental Appeals Board shall
consider such parts of the record as are cited or as may be necessary to
resolve the issues presented and, in addition shall to the extent
necessary or desirable exercise all the powers which it could have
exercised if it had presided at the hearing.
(2) In rendering its decision, the Environmental Appeals Board shall
adopt, modify, or set aside the findings, conclusions, and rule or order
contained in the decision of the Presiding Officer and shall set forth
in its decision a statement of the reasons or bases for its action.
(3) In those cases where the Environmental Appeals Board determines
that it should have further information or additional views of the
parties as to the form and content of the rule or order to be issued,
the Environmental Appeals Board, in its discretion, may withhold final
action pending the receipt of such additional information or views, or
may remand the case to the Presiding Officer.
(x) Reconsideration. Within twenty (20) days after issuance of the
Environmental Appeals Board's decision, any party may file with the
Environmental Appeals Board a petition for reconsideration of such
decision, setting forth the relief desired and the grounds in support
thereof. Any petition filed under this subsection must be confined to
new questions raised by the decision or the final order and upon which
the petitioner had no opportunity to argue before the Presiding Officer
or the Environmental Appeals Board. Any party desiring to oppose such a
petition shall file and answer thereto within ten (10) days after the
filing of the petition. The filing of a petition for reconsideration
shall not operate to stay the effective date of the decision or order or
to toll the running of any statutory time period affecting such decision
or order unless specifically so ordered by the Environmental Appeals
Board.
(y) Accelerated decision: Dismissal. (1) The Presiding Officer, upon
motion of any party or sua sponte, may at any time render an accelerated
decision in favor of the Agency or the manufacturer as to all or any
part of the proceeding, without further hearing or upon such limited
additional evidence such as affidavits as he may require, or dismiss any
party with prejudice, under any of the following conditions:
(i) Failure to state a claim upon which relief can be granted, or
direct or collateral estoppel;
(ii) There is no genuine issue of material fact and a party is
entitled to judgment as a matter of law; or
(iii) Such other and further reasons as are just, including
specifically failure to obey a procedural order of the Presiding
Officer.
(2) If under this paragraph an accelerated decision is issued as to
all the issues and claims joined in the proceeding, the decision shall
be treated for the purposes of these procedures as the decision of the
Presiding Officer as provided in paragraph (p) of this section.
(3) If under this paragraph, judgment is rendered on less than all
issues or claims in the proceeding, the Presiding Officer shall
determine what material facts exist without substantial controversy and
what material facts are actually and in good faith controverted. He
shall thereupon issue an order specifying the facts which appear without
substantial controversy, and the issues and claims upon which the
hearing will proceed.
(z) Conclusion of hearing. (1) If, after the expiration of the
period for taking an appeal as provided for by paragraph (u) of this
section, no appeal has been taken from the Presiding Officer's decision,
and, after the expiration of the period for review by the Environmental
Appeals Board on its own motion as provided for by paragraph (v) of this
section, the Environmental Appeals Board does not move to review such
decision, the hearing will be deemed to
[[Page 68]]
have ended at the expiration of all periods allowed for such appeal and
review.
(2) If an appeal of the Presiding Officer's decision is taken
pursuant to paragraph (u) of this section, or if, in the absence of such
appeal, the Environmental Appeals Board moves to review the decision of
the Presiding Officer pursuant to paragraph (v) of this section, the
hearing will be deemed to have ended upon the rendering of a final
decision by the Environmental Appeals Board.
(aa) Judicial Review. (1) The Administrator hereby designates the
Deputy General Counsel, Environmental Protection Agency as the officer
upon whom copy of any petition for judicial review shall be served.
Such officer shall be responsible for filing in the court the record
on which the order of the Environmental Appeals Board is based.
(2) Before forwarding the record to the court, the Agency shall
advise the petitioner of costs of preparing it and as soon as payment to
cover fees is made shall forward the record to the court.
[39 FR 44375, Dec. 23, 1974; 40 FR 3447, Jan. 22, 1975, as amended at 44
FR 61962, Oct. 29, 1979; 57 FR 5329, Feb. 13, 1992]
Sec. 85.1808 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a person or manufacturer must indicate clearly the items
of information claimed confidential by marking, circling bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information has been deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Environmental Appeals Board only to the extent and by means of the
procedures set forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34797, Aug. 27, 1985, as amended at 57 FR 5330, Feb. 13, 1992]
Sec. Appendix A to Subpart S of Part 85--Interpretive Ruling for Sec.
85.1803--Remedial Plans
The purpose of this rule is to set forth EPA's interpretation
regarding one aspect of a motor vehicle or motor vehicle engine
manufacturer's recall liability under section 207(c)(1) of the Clean Air
Act, 42 U.S.C. 7641(c)(1). This rule will provide guidance to vehicle
and engine manufacturers to better enable them to submit acceptable
remedial plans.
Section 207(c)(1) requires the Administrator to base a recall order
on a determination that a substantial number of in-use vehicles or
engines within a given class or category of vehicles or engines,
although properly maintained and used, fail to conform to the
regulations prescribed under section 202 when in actual use throughout
their useful lives. After making such a determination, he shall require
the manufacturer to submit a plan to remedy the nonconformity of any
such vehicles or engines. The plan shall provide that the manufacturer
will remedy, at the manufacturer's expense, all properly maintained and
used vehicles which experienced the nonconformity during their useful
lives regardless of their age or mileage at the time of repair.
(Secs. 207 and 301(a), Clean Air Act, as amended, 42 U.S.C. 7541 and
7601(a))
[45 FR 36398, May 30, 1980]
Subpart T_Emission Defect Reporting Requirements
Authority: Secs. 208(a) and 301(a), Clean Air Act, as amended (42
U.S.C. 1857f-6(a) and 1857g(a)).
[[Page 69]]
Source: 42 FR 28128, June 2, 1977, unless otherwise noted.
Sec. 85.1901 Applicability.
The requirements of this subpart shall be applicable to all 1972 and
later model year vehicles and engines. The requirement to report
emission-related defects affecting a given class or category of vehicles
or engines shall remain applicable for five years from the end of the
model year in which such vehicles or engines were manufactured.
Sec. 85.1902 Definitions.
For the purposes of this subpart and unless otherwise noted:
(a) Act shall mean the Clean Air Act, 42 U.S.C. 1857, as amended.
(b) The phrase emission-related defect shall mean a defect in
design, materials, or workmanship in a device, system, or assembly
described in the approved Application for Certification (required by 40
CFR 86.1843-01 and 86.1844-01, 40 CFR 86.098-22 and like provisions of
subpart A of this part and 40 CFR part 86) which affects any parameter
or specification enumerated in appendix VIII of this part.
(c) The phrase useful life shall be given the meaning ascribed to it
by section 202(d) of the Act and regulations promulgated thereunder.
(d) The phrase Voluntary Emissions Recall shall mean a repair,
adjustment, or modification program voluntarily initiated and conducted
by a manufacturer to remedy any emission-related defect for which direct
notification of vehicle or engine owners has been provided.
(e) The phrase ultimate purchaser shall be given the meaning
ascribed to it by section 214 of the Act.
(f) The term manufacturer shall be given the meaning ascribed to it
by section 214 of the Act.
[42 FR 28128, June 2, 1977, as amended at 64 FR 23919, May 4, 1999]
Effective Date Note: At 75 FR 25677, May 7, 2010, Sec. 85.1902 was
amended by revising paragraphs (b) and (d), effective July 6, 2010. For
the convenience of the user, the revised text is set forth as follows:
Sec. 85.1902 Definitions.
* * * * *
(b) The phrase emission-related defect shall mean:
(1) A defect in design, materials, or workmanship in a device,
system, or assembly described in the approved Application for
Certification (required by 40 CFR 86.1843-01 and 86.1844-01, and by 40
CFR 86.001-22 and similar provisions of 40 CFR part 86) which affects
any parameter or specification enumerated in appendix VIII of this part;
or
(2) A defect in the design, materials, or workmanship in one or more
emissions control or emission-related parts, components, systems,
software or elements of design which must function properly to assure
continued compliance with vehicle emission requirements, including
compliance with CO2, CH4, N2O, and
carbon-related exhaust emission standards;
* * * * *
(d) The phrase Voluntary Emissions Recall shall mean a repair,
adjustment, or modification program voluntarily initiated and conducted
by a manufacturer to remedy any emission-related defect for which direct
notification of vehicle or engine owners has been provided, including
programs to remedy defects related to emissions standards for
CO2, CH4, N2O, and/or carbon-related
exhaust emissions.
* * * * *
Sec. 85.1903 Emissions defect information report.
(a) A manufacturer shall file a defect information report whenever,
on the basis of data obtained subsequent to the effective date of these
regulations:
(1) The manufacturer determines in accordance with procedures
established by the manufacturer to identify safety related defects
(pursuant to 15 U.S.C. 1381 et seq., as amended) that a specific
emission-related defect exists; and
(2) That the specific emission-related defect exists in twenty-five
or more vehicles or engines of the same model year.
No report shall be filed under this paragraph for any emission-related
defect corrected prior to the sale of the affected vehicles or engines
to an ultimate purchaser.
(b) Defect information reports required under paragraph (a) of this
section shall be submitted not more than 15 working days after an
emission-related defect is found to affect twenty-five vehicles or
engines of the same
[[Page 70]]
model year. Items of information required by paragraph (c) of this
section that are either not available within that period or are
significantly revised shall be submitted as they become available.
(c) Except as provided in paragraph (b) of this section, each defect
report shall contain the following information in substantially the
format outlined below:
(1) The manufacturer's corporate name.
(2) A description of the defect.
(3) A description of each class or category of vehicles or engines
potentially affected by the defect including make, model, model year,
and such other information as may be required to identify the vehicles
or engines affected.
(4) For each class or category of vehicle or engine described in
response to paragraph (c)(3) of this section, the following shall also
be provided:
(i) The number of vehicles or engines known or estimated to have the
defect and an explanation of the means by which this number was
determined.
(ii) The address of the plant(s) at which the potentially defective
vehicles or engines were produced.
(5) An evaluation of the emissions impact of the defect and a
description of any driveability problems which a defective vehicle might
exhibit.
(6) Available emissions data which relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.
Sec. 85.1904 Voluntary emissions recall report; quarterly reports.
(a) When any manufacturer initiates a voluntary emissions recall
campaign involving twenty-five or more vehicles or engines, the
manufacturer shall submit a report describing the manufacturer's
voluntary emissions recall plan as prescribed by this section within 15
working days of the date owner notification was begun. The report shall
contain the following:
(1) A description of each class or category of vehicle or engine
recalled including the number of vehicles to be recalled, the model
year, the make, the model, and such other information as may be required
to identify the vehicles or engines recalled.
(2) A description of the specific modifications, alterations,
repairs, corrections, adjustments, or other changes to be made to
correct the vehicles or engines affected by the emission-related defect.
(3) A description of the method by which the manufacturer will
determine the names and addresses of vehicle or engine owners and the
method by which they will be notified.
(4) A description of the proper maintenance or use, if any, upon
which the manufacturer conditions eligibility for repair under the
remedial plan, an explanation of the manufacturer's reasons for imposing
any such condition, and a description of the proof to be required of a
vehicle or engine owner to demonstrate compliance with any such
condition.
(5) A description of the procedure to be followed by vehicle or
engine owners to obtain correction of the nonconformity. This shall
include designation of the date on or after which the owner can have the
nonconformity remedied, the time reasonably necessary to perform the
labor to remedy the defect, and the designation of facilities at which
the defect can be remedied.
(6) If some or all of the nonconforming vehicles or engines are to
be remedied by persons other than dealers or authorized warranty agents
of the manufacturer, a description of the class of persons other than
dealers and authorized warranty agents of the manufacturer who will
remedy the defect.
(7) Three copies of the letters of notification to be sent to
vehicle or engine owners.
(8) A description of the system by which the manufacturer will
assure that an adequate supply of parts will be available to perform the
repair under the remedial plan including the date by which an adequate
supply of parts will be available to initiate the repair campaign, the
percentage of the total parts requirement of each person who is to
perform the repair under the remedial plan to be shipped to initiate the
campaign, and the method to be used to assure the supply remains both
adequate and responsive to owner demand.
[[Page 71]]
(9) Three copies of all necessary instructions to be sent to those
persons who are to perform the repair under the remedial plan.
(10) A description of the impact of the proposed changes on fuel
consumption, driveability, and safety of each class or category of
vehicles or engines to be recalled.
(11) A sample of any label to be applied to vehicles or engines
which participate in the voluntary recall campaign.
(b) Unless otherwise specified by the Administrator, the
manufacturer shall report on the progress of the recall campaign by
submitting subsequent reports for six consecutive quarters commencing
with the quarter after the voluntary emissions recall campaign actually
begins. Such reports shall be submitted no later than 25 working days
after the close of each calendar quarter. For each class or category of
vehicle or engine subject to the voluntary emissions recall campaign,
the quarterly report shall contain the:
(1) Emission recall campaign number, if any, designated by the
manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the voluntary
emissions recall campaign.
(4) Number of vehicles or engines known or estimated to be affected
by the emission-related defect and an explanation of the means by which
this number was determined.
(5) Number of vehicles or engines inspected pursuant to the
voluntary emissions recall plan.
(6) Number of inspected vehicles found to be affected by the
emission-related defect.
(7) Number of vehicles actually receiving repair under the remedial
plan.
(8) Number of vehicles determined to be unavailable for inspection
or repair under the remedial plan due to exportation, theft, scrapping,
or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for
remedial action due to a failure to properly maintain or use such
vehicles or engines.
(10) Three copies of any service bulletins transmitted to dealers
which relate to the defect to be corrected and which have not previously
been reported.
(11) Three copies of all communications transmitted to vehicle or
engine owners which relate to the defect to be corrected and which have
not previously been submitted.
(c) If the manufacturer determines that any of the information
requested in paragraph (b) of this section has changed or was incorrect,
revised information and an explanatory note shall be submitted. Answers
to paragraphs (b)(5), (6), (7), (8), and (9) of this section shall be
cumulative totals.
(d) The manufacturer shall maintain in a form suitable for
inspection, such as computer information storage devices or card files,
the names and addresses of vehicles or engine owners:
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the remedial
plan; and
(3) Who were determined not to qualify for such remedial action when
eligibility is conditioned on proper maintenance or use.
(e) The records described in paragraph (d) of this section shall be
made available to the Administrator upon request.
Sec. 85.1905 Alternative report formats.
(a) Any manufacturer may submit a plan for making either of the
reports required by Sec. Sec. 85.1903 and 85.1904 on computer cards,
magnetic tape or other machine readable format. The proposed plan shall
be accompanied by sufficient technical detail to allow a determination
that data requirements of these sections will be met and that the data
in such format will be usable by EPA.
(b) Upon approval by the Administrator of the proposed reporting
system, the manufacturer may utilize such system until otherwise
notified by the Administrator.
Sec. 85.1906 Report filing: Record retention.
(a) The reports required by Sec. Sec. 85.1903 and 85.1904 shall be
sent to: Director, Manufacturers Operations Division (EN 340),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
[[Page 72]]
(b) The information gathered by the manufacturer to compile the
reports required by Sec. Sec. 85.1903 and 85.1904 shall be retained for
not less than five years from the date of the manufacture of the
vehicles or engines and shall be made available to duly authorized
officials of the EPA upon request.
[42 FR 28128, June 2, 1977, as amended at 44 FR 61962, Oct. 29, 1979]
Sec. 85.1907 Responsibility under other legal provisions preserved.
The filing of any report under the provisions of this subpart shall
not affect a manufacturer's responsibility to file reports or
applications, obtain approval, or give notice under any provision of
law.
Sec. 85.1908 Disclaimer of production warranty applicability.
(a) The act of filing an Emission Defect Information Report pursuant
to Sec. 85.1903 is inconclusive as to the existence of a defect subject
to the Production Warranty provided by section 207 (a) of the Act.
(b) A manufacturer may include on each page of its Emission Defect
Information Report a disclaimer stating that the filing of a Defect
Information Report pursuant to these regulations is not conclusive as to
the applicability of the Production Warranty provided by section 207(a)
of the Act.
Sec. 85.1909 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a manufacturer must indicate clearly the items of
information claimed confidential by marking, circling, bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information has been deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted all confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34798, Aug. 27, 1985]
Subpart U [Reserved]
Subpart V_Emissions Control System Performance Warranty Regulations and
Voluntary Aftermarket Part Certification Program
Authority: Secs. 203, 207, 208, and 301(a), Clean Air Act, as
amended (42 U.S.C. 7522, 7541, 7542, and 7601(a)).
Source: 45 FR 34839, May 22, 1980, unless otherwise noted.
Sec. 85.2101 General applicability.
(a) Sections 85.2101 through 85.2111 are applicable to all 1981 and
later model year light-duty vehicles and light-duty trucks.
(b) References in this subpart to engine families and emission
control systems shall be deemed to apply to durability groups and test
groups as applicable for manufacturers certifying new light-duty
vehicles and light-duty trucks under the provisions of 40 CFR part 86,
subpart S.
[64 FR 23919, May 4, 1999]
Sec. 85.2102 Definitions.
(a) As used in Sec. Sec. 85.2101 through 85.2111 all terms not
defined herein shall have the meaning given them in the Act:
[[Page 73]]
(1) Act means Part A of Title II of the Clean Air Act, 42 U.S.C.
7421 et seq. (formerly 42 U.S.C. 1857 et seq.), as amended.
(2) Office Director means the Director for the Office of Mobile
Sources--Office of Air and Radiation of the Environmental Protection
Agency or other authorized representative of the Office Director.
(3) Certified part means a part certified in accordance with the
aftermarket part certification regulations contained in this subpart.
(4) Emission performance warranty means that warranty given pursuant
to this subpart and section 207(b) of the Act.
(5) Office Director-approved emission test or Emission Short Test
means any test prescribed under 40 CFR 85.2201 et seq., and meeting all
of the requirements thereunder.
(6) Model year means the manufacturer's annual production period (as
determined by the Office Director) which includes January 1 of such
calendar year; however, if the manufacturer has no annual production
period, the term ``model year'' shall mean the calendar year.
(7) Original equipment part means a part present in or on a vehicle
at the time the vehicle is sold to the ultimate purchaser, except for
components installed by a dealer which are not manufactured by the
vehicle manufacturer or are not installed at the direction of the
vehicle manufacturer.
(8) Owner means the original purchaser or any subsequent purchaser
of a vehicle.
(9) Owner's manual means the instruction booklet normally provided
to the purchaser of a vehicle.
(10) Useful life means that period established pursuant to section
202(d) of the Act and regulations promulgated thereunder.
(11) Vehicle means a light duty vehicle or a light duty truck.
(12) Warranty booklet means a booklet, separate from the owner's
manual, containing all warranties provided with the vehicle.
(13) Written instructions for proper maintenance and use means those
maintenance and operation instructions specified in the owner's manual
as being necessary to assure compliance of a vehicle with applicable
emission standards for the useful life of the vehicle that are:
(i) In accordance with the instructions specified for performance on
the manufacturer's prototype vehicle used in certification (including
those specified for vehicles used under special circumstances), and
(ii) In compliance with the requirements of 40 CFR 86.094-38 or
86.1808-01 (as appropriate for the applicable model year vehicle/engine
classification); and
(iii) In compliance with any other regulations promulgated by the
Office Director governing maintenance and use instructions.
(14) Emission related parts means those parts installed for the
specific purpose of controlling emissions or those components, systems,
or elements of design which must function properly to assure continued
vehicle emission compliance.
(15) Objective evidence of an emission related repair means all
diagnostic information and data, the actual parts replaced during
repair, and any other information directly used to support a warranty
claim, or to support denial of such a claim.
(16) Valid emission performance warranty claim means a claim in
which there is no evidence that the vehicle had not been properly
maintained and operated in accordance with manufacturer instructions,
the vehicle failed to conform to applicable emission standards as
measured by an Office Director-approved type of emission warranty test
during its useful life and the owner is subject to sanction as a result
of the test failure.
(17) Reasonable expense means any expense incurred due to repair of
a warranty failure caused by a non-original equipment certified part,
including, but not limited to, all charges in any expense categories
that would be considered payable by the involved vehicle manufacturer to
its authorized dealer under a similar warranty situation where an
original equipment part was the cause of the failure. Included in
``reasonable expense'' are any additional costs incurred specifically
due to the processing of a claim involving a certified aftermarket part
or parts as
[[Page 74]]
covered in these regulations. The direct parts and labor expenses of
carrying out repairs is immediately chargeable to the part manufacturer.
All charges beyond the actual parts and labor repair expenses must be
amortized over the number of claims and/or over a number of years in a
manner that would be considered consistent with generally accepted
accounting principles. These expense categories shall include but are
not limited to the cost of labor, materials, record keeping, special
handling, and billing as a result of replacement of a certified
aftermarket part.
(18) MOD Director means Director of Manufacturers Operations
Division, Office of Mobile Sources--Office of Air and Radiation of the
Environmental Protection Agency.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989; 64
FR 23919, May 4, 1999]
Sec. 85.2103 Emission performance warranty.
(a) The manufacturer of each vehicle to which this subpart applies
shall warrant in writing that if:
(1) The vehicle is maintained and operated in accordance with the
written instructions for proper maintenance and use and
(2) The vehicle fails to conform at any time during its useful life
to the applicable emission standards or family emission limits as
determined by an EPA-approved emission test, and
(3) Such nonconformity results or will result in the vehicle owner
having to bear any penalty or other sanction (including the denial of
the right to use the vehicle) under local, State or Federal law, then
the manufacturer shall remedy the nonconformity at no cost to the owner;
except that, if the vehicle has been in operation for more than 24
months or 24,000 miles, the manufacturer shall be required to remedy
only those nonconformities resulting from the failure of components
which have been installed in or on the vehicle for the sole or primary
purpose of reducing vehicle emissions and that were not in general use
prior to model year 1968.
(b) The warranty period shall begin on the date the vehicle is
delivered to its ultimate purchaser, or if the vehicle is first placed
in service as a ``demonstrator'' or ``company'' car prior to delivery,
on the date it is first placed in service.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]
Sec. 85.2104 Owners' compliance with instructions for proper
maintenance and use.
(a) An emission performance warranty claim may be denied on the
basis of noncompliance by a vehicle owner with the written instructions
for proper maintenance and use.
(b) When determining whether an owner has complied with the written
instructions for proper maintenance and use, a vehicle manufacturer may
require an owner to submit evidence of compliance only with those
written maintenance instructions for which the manufacturer has an
objective reason for believing:
(1) Were not performed; and
(2) If not performed could be the cause of the particular vehicle's
exceeding applicable emission standards.
(c) Evidence of compliance with a maintenance instruction may
consist of:
(1) A maintenance log book which has been validated at the
approximate time or mileage intervals specified for service by someone
who regularly engages in the business of servicing automobiles for the
relevant maintenance instruction(s); or
(2) A showing that the vehicle has been submitted for scheduled
maintenance servicing at the approximate time or mileage intervals
specified for service to someone who regularly engages in the business
of servicing automobiles for the purpose of performing the relevant
maintenance; or
(3) A statement by the vehicle owner that he or she performed the
maintenance at the approximate time or mileage interval specified
including a showing,
(i) That the owner purchased and used proper parts, and
(ii) Upon request by the vehicle manufacturer, that the owner is
able to perform the maintenance properly.
[[Page 75]]
(d) Except as provided in paragraph (e) of this section, the time/
mileage interval for scheduled maintenance services shall be the service
interval specified for the part in the written instructions for proper
maintenance and use.
(e) For certified parts having a maintenance or replacement interval
different from that specified in the written instructions for proper
maintenance and use, the time/mileage interval shall be the service
interval for which the part was certified.
(f) The owner may perform maintenance or have maintenance performed
more frequently then required in the maintenance instructions.
(g) Except as provided in paragraph (h) of this section, a
manufacturer may deny an emission performance warranty claim on the
basis of noncompliance with the written instructions for proper
maintenance and use only if:
(1) An owner is not able to comply with a request by a manufacturer
for evidence pursuant to paragraph (c) of this section; or
(2) Notwithstanding the evidence presented pursuant to paragraph (c)
of this section, the manufacturer is able to prove that the vehicle
failed an emission short test because:
(i) The vehicle was abused, or
(ii) An instruction for the proper maintenance and use was performed
in a manner resulting in a component's being improperly installed or a
component or related parameter's being adjusted substantially outside of
the manufacturer's specifications, or
(iii) Unscheduled maintenance was performed on a vehicle which
resulted in the removing or rendering inoperative of any component
affecting the vehicle's emissions.
(h) In no case may a manufacturer deny an emission performance
warranty claim on the basis of:
(1) Warranty work or predelivery service performed by any facility
authorized by the vehicle manufacturer to perform such work or service;
or
(2) Work performed in an emergency situation to rectify an unsafe
condition, including an unsafe driveability condition, attributable to
the manufacturer, provided the vehicle owner has taken steps to put the
vehicle back in a conforming condition in a timely manner; or
(3) The use of any uncertified part or non-compliance with any
written instruction for proper maintenance and use which is not relevant
to the reason that the vehicle failed to comply with applicable emission
standards; or
(4) Any cause attributable to the vehicle manufacturer; or
(5) The use of any fuel which is commonly available in the
geographical area in which the vehicle or engine is located, unless the
written instructions for proper maintenance and use specify that the use
of that fuel would adversely affect the emission control devices and
systems of the vehicle, and there is commonly available information for
the owner to identify the proper fuel to be used.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]
Sec. 85.2105 Aftermarket parts.
(a) No valid emission performance warranty claim shall be denied on
the basis of the use of a properly installed certified aftermarket part
in the maintenance or repair of a vehicle. A vehicle manufacturer that
honors a valid emission performance warranty claim involving a certified
aftermarket part may seek reimbursement for reasonable expenses incurred
in honoring the claim by following the warranty claim procedures listed
in Sec. 85.2107(c).
(b) Except as provided in Sec. 85.2104(h), a vehicle manufacturer
may deny an emission performance warranty claim on the basis of an
uncertified aftermarket part used in the maintenance or repair of a
vehicle if the vehicle manufacturer can demonstrate that the vehicle's
failure to meet emission standards was caused by use of the uncertified
part. A warranty claim may be denied if the vehicle manufacturer submits
a written document to the vehicle owner that the vehicle owner is unable
or unwilling to refute. The document must:
(1) Establish a causal connection between the emissions short test
failure and use of the uncertified part, and,
(2) Assert that:
[[Page 76]]
(i) Removal of the uncertified part and installation of any
comparable certified or original equipment part previously removed or
replaced during installation of the uncertified part will resolve the
observed emissions failure in the vehicle, and/or
(ii) Use of the uncertified part has caused subsequent damage to
other specified certified components such that replacement of these
components would also be necessary to resolve the observed vehicle
emissions failure, and,
(3) List all objective evidence as defined in Sec. 85.2102 that was
used in the determination to deny warranty. This evidence must be made
available to the vehicle owner or EPA upon request, and
(c) A part not required to be replaced at a definite interval in
accordance with the written instructions for maintenance and use shall
be warranted for the full term of any warranty mandated by the Act.
Instructions to replace a component only if checked and found to be
operating below specification shall have no bearing on warrranty
coverage, unless an owner did not follow such an instruction prior to
the short test failure and noncompliance with that instruction caused
the failure of another vehicle component relevant to the nonconformity.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]
Sec. 85.2106 Warranty claim procedures.
(a) A claim under the emission performance warranty may be raised
immediately upon the failure of an EPA-approved emission test if, as a
result of that failure, an owner is required to take action of any kind
in order to avoid imposition of a penalty or sanction. An owner need not
suffer the loss of the right to use a vehicle, be fined, incur repair
expenses, or actually bear any penalty or sanction to satisfy the
requirement of Sec. 85.2103(a)(3). That requirement shall be met if a
test failure sets a procedure in motion under which the owner will bear
a penalty or sanction if a vehicle is not brought into conformity or
repaired to some specified extent within some specified period of time.
(b) A warranty claim may be submitted by bringing a vehicle to:
(1) Any repair facility authorized by the vehicle manufacturer to
service that model vehicle, or
(2) Any repair facility authorized by the vehicle manufacturer to
perform emission performance warranty repairs for that model vehicle.
(c) To the extent required by any Federal or State law, whether
statutory or common law, a vehicle manufacturer shall be required to
provide a means for non-franchised repair facilities to perform emission
performance warranty repairs.
(d) The manufacturer of each vehicle to which the warranty is
applicable shall establish procedures as to the manner in which a claim
under the emission performance warranty is to be processed. The
procedures shall:
(1) Provide for a final decision by the vehicle manufacturer within
a reasonable time, not to exceed 30 days from the time at which the
vehicle is initially presented for repair or within the time period
during which an owner is required by local, State or federal law to have
the vehicle repaired without incurring further penalties or sanctions
(whichever is shorter), unless a delay
(i) Is requested by the vehicle owner, or
(ii) Is caused by an event not attributable to the vehicle
manufacturer or the warranty repair facility; and
(2) Require that if the facility at which the vehicle is initially
presented for repair is unable for any reason to honor the particular
claim, then, unless this requirement is waived in writing by the vehicle
owner, the repair facility shall forward the claim to an individual or
office authorized to make emission performance warranty determinations
for the manufacturer.
(e) Within the time period specified in paragraph (d) of this
section the manufacturer shall:
(1) Notify the owner that it will honor the claim; or
(2) Provide the owner, in writing, with an explanation of the basis
upon which the claim is being denied; or
[[Page 77]]
(3) If the basis of the claim denial involves use of an uncertified
part, provide the owner in writing with an explanation of the basis upon
which the claim is being denied according to all criteria specified in
Sec. 85.2105(b).
(f) Failure to notify an owner within the required time period (as
determined under paragraph (d) of this section) for reasons that are not
attributable to the vehicle owner or events which are not beyond the
control of the vehicle manufacturer or the repair facility, shall result
in the vehicle manufacturer being responsible for repairing the
warranted items free of charge to the vehicle owner.
(g) The vehicle manufacturer shall incur all costs associated with a
determination that an emission performance warranty claim is valid.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32588, Aug. 8, 1989]
Sec. 85.2107 Warranty remedy.
(a) The manufacturer's obligation under the emission performance
warranty shall be to make all adjustments, repairs or replacements
necessary to assure that the vehicle complies with applicable emission
standards of the U.S. Environmental Protection Agency, that it will
continue to comply for the remainder of its useful life (if proper
maintenance and operation are continued), and that it will operate in a
safe manner. The manufacturer shall bear all costs incurred as a result
of the above obligation, except that after the first 24 months or 24,000
miles (whichever first occurs) the manufacturer shall be responsible
only for:
(1) The adjustment, repair or replacement of those components which
have been installed in or on a vehicle for the sole or primary purpose
of reducing vehicle emissions, and which were not in general use prior
to model year 1968; and
(2) All other components which must be adjusted, repaired or
replaced to enable a component repaired or replaced under paragraph
(a)(1) of this section to perform properly.
(b) Under the Emissions Performance Warranty, the manufacturer shall
be liable for the total cost of the remedy for any vehicle validly
presented for repair to any authorized service facility authorized by
the vehicle manufacturer. State or local limitations as to the extent of
the penalty or sanction imposed upon an owner of a failed vehicle shall
have no bearing on this liability.
(c) The remedy provided under paragraph (a) of this section shall
include the repair or replacement of certified parts as required in
Sec. 85.2105(a). To seek reimbursement from the involved certified
aftermarket part manufacturer for reasonable expenses incurred due to
the certified aftermarket parts determined to be the cause of a
performance warranty failure, the vehicle manufacturer must:
(1) Retain all parts replaced during the performance warranty
repair, and
(2) Follow the procedures laid out in Sec. 85.2117.
(d) If a manufacturer is unable (for reasons not attributable to the
vehicle owner or events beyond the control of the vehicle manufacturer
or an authorized repair facility) to repair a vehicle within the time
period specified under Sec. 85.2106(d) after the initial presentation
of the vehicle to an authorized repair facility, then the owner shall be
entitled to have the warranty remedy performed, at the expense of the
manufacturer, by any repair facility of the owner's choosing.
(e) The vehicle manufacturer may deny warranty for a failure caused
by an uncertified part in accordance with the criteria in Sec. 85.2105.
[45 FR 34839, May 22, 1980, as amended at 54 FR 32588, Aug. 8, 1989]
Sec. 85.2108 Dealer certification.
(a) Upon the delivery of each new light-duty motor vehicle, the
dealer shall furnish to the purchaser a certificate which states that:
(1) Based upon written notification furnished by the manufacturer,
the dealer has knowledge that the vehicle is covered by an EPA
Certificate of Conformity;
(2) Based upon a visual inspection of emissions control devices,
there are no apparent deficiencies in the installation of such devices
by the manufacturer. The visual inspection required by this subsection
is limited to those emission control devices or portions
[[Page 78]]
thereof which are visible without removal or adjustment of any component
or system of the vehicle, whether emissions related or otherwise.
(3) The dealer has performed all emission control system preparation
required by the manufacturer prior to the sale of the vehicle, as set
forth in the current predelivery service manual furnished by the
manufacturer.
(b) The certificate shall further state that if the vehicle fails an
EPA-approved emission test prior to the expiration of three months or
4,000 miles (whichever occurs first) from the date or mileage at the
time of delivery of the vehicle to the ultimate purchaser, and the
vehicle has been maintained and used in accordance with the written
instructions for proper maintenance and use, then the vehicle
manufacturer shall remedy the nonconformity under the emission
performance warranty.
(c) For the purpose of this section, the term emission control
devices shall be limited to all devices installed on a vehicle for the
sole or primary purpose of controlling vehicle emissions and which were
not in general use prior to 1968.
(d) A vehicle manufacturer shall provide the Sec. 85.2108 remedy
free of charge to the vehicle owner for any vehicle which, although
maintained in accordance with the written instructions for proper
maintenance and use, fails an emission short test prior to the
expiration of three months or 4,000 miles from the time of sale to the
ultimate purchaser, without regard to whether a penalty or sanction is
imposed because of the emissions short-test failure.
(e) The dealer certification required by this section shall not be
construed as either a representation or a warranty, express or implied,
by the dealer that the emission control system or any part thereof is
without defect nor that the system will properly perform.
[46 FR 38692, July 29, 1981]
Sec. 85.2109 Inclusion of warranty provisions in owners' manuals and
warranty booklets.
(a) A manufacturer shall furnish with each new motor vehicle, a full
explanation of the Emission Performance Warranty, including at a minimum
the following information:
(1) A basic statement of the coverage of the emissions performance
warranty as set out in Sec. 85.2103. This shall be separated from any
other warranty given by the manufacturer and shall be prefaced by the
title ``Emissions Performance Warranty'' set in bold face type; and
(2) A list of all items which are covered by the emission
performance warranty for the full useful life of the vehicle. This list
shall contain all components which have been installed in or on a
vehicle solely or primarily for the purpose of reducing vehicle
emissions, except those components which were in general use prior to
model year 1968. All items listed pursuant to this subsection shall be
described in the same manner as they are likely to be described on a
service facility work receipt for that vehicle; and
(3) A list or a reference to the location of the instructions for
proper maintenance and use, together with the time and/or mileage
interval at which such instructions are to be performed; and
(4) An explanation of the effect that the use of certified parts
will have on the emission performance warranty. This explanation shall
comport with the provisions of Sec. 85.2105 (b) and (c), including a
statement in boldface type that maintenance, replacement, or repair of
the emission control devices and systems may be performed by any
automotive repair establishment or individual using any certified part;
and
(5) Complete instructions as to when and how an owner may bring a
claim under the emissions performance warranty, as governed by
Sec. Sec. 85.2104 and 85.2106. These instructions shall include:
(i) An explanation of the point in time at which a claim may be
raised; and
(ii) Complete procedures as to the manner in which a claim may be
raised; and
(iii) The provisions for manufacturer liability contained in Sec.
85.2106(f) if the manufacturer fails to respond within the time period
set in accordance with Sec. 85.2106(d);
[[Page 79]]
(6) An explanation that an owner may obtain further information
concerning the emission performance warranty or that an owner may report
violations of the terms of the Emission Performance Warranty by
contacting the Director, Field Operations and Support Division (6406J),
Environmental Protection Agency, 401 ``M'' Street, SW., Washington, DC
20460 (Attention: Warranty Claim).
(b) The warranty information shall be provided in the same document
as other warranties provided with the vehicle.
(c) If a separate warranty booklet is provided with the vehicle, the
owner's manual shall contain, at a minimum, the following information:
(1) A general list of all warranties covering the vehicle; and
(2) A statement that detailed warranty information can be found in
the warranty booklet.
(d) If a separate warranty booklet is not provided with the vehicle,
the information specified in paragraph (a) of this section shall be
contained in the owner's manual.
[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993]
Sec. 85.2110 Submission of owners' manuals and warranty statements to
EPA.
(a) The manufacturer of each vehicle to which this subpart applies
shall submit a copy to EPA of both the owner's manual and warranty
booklet (if applicable) for each model vehicle, except that, if the same
warranty information is to be provided for more than one model vehicle,
the manufacturer may submit copies for a single model vehicle with a
statement that such copies are complete and accurate representation of
the warranty information provided with all other specified models.
(1) The owner's manuals and warranty booklets should be received by
EPA 60 days prior to the introduction of the vehicle for sale.
(2) If the manuals and warranty booklets are not in their final
printed format 60 days prior to the introduction of the vehicle for
sale, a manufacturer may submit the most recent draft at that time,
provided that final versions are submitted within 15 days of the final
printing.
(b) All materials described in paragraph (a) of this section shall
be sent to: Director, Field Operations and Support Division (6406J),
Environmental Protection Agency, 401 ``M'' Street, SW., Washington, DC
20460 (Attention: Warranty Booklet).
[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993]
Sec. 85.2111 Warranty enforcement.
The following acts are prohibited and may subject a manufacturer to
up to a $32,500 civil penalty for each offense, except as noted in
paragraph (d) of this section:
(a) Selling or leasing a light duty vehicle without providing in
writing the warranty information required by Sec. 85.2109;
(b) Failing or refusing to comply with the terms and conditions of
the Emission Performance Warranty with respect to any vehicle to which
this subpart applies. Acts constituting such a failure or refusal shall
include, but are not limited to, the following,
(1) Failure to honor a valid warranty claim,
(2) Performance of a warranty repair in a manner which cannot
reasonably be expected to allow the vehicle to meet applicable emission
standards for the remainder of its useful life,
(3) Failure of a manufacturer to reimburse a dealer or other
designated agent for performance of a vehicle repair made pursuant to
this subpart, and
(4) Failure of a manufacturer to supply a part necessary to perform
a warranty repair within the time limit specified under Sec.
85.2106(d), unless such failure is for a reason not attributable to the
vehicle manufacturer or the warranty repair facility;
(c) To provide directly or indirectly in any communication to the
ultimate purchaser or any subsequent purchaser that the emission
performance warranty coverage is conditioned upon the use of any name
brand part, component, or system or upon service (other than a component
or service provided without charge under the terms of the
[[Page 80]]
purchase agreement), unless the communication is made pursuant to a
written waiver by the Office Director.
(d) The maximum penalty value listed in this section is shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993; 70
FR 40432, July 13, 2005]
Sec. 85.2112 Applicability.
The provisions of Sec. Sec. 85.2112 through 85.2122 apply to
emission related automotive aftermarket parts which are to be installed
in or on 1968 and later model year light-duty vehicles and light-duty
trucks.
[54 FR 32588, Aug. 8, 1989]
Sec. 85.2113 Definitions.
As used in this subpart, all terms not defined shall have the
meaning given them in the Act:
(a) Act means Part A of Title II of the Clean Air Act, 42 U.S.C.
7421 et seq. (formerly 42 U.S.C. 1857 et seq.) as amended.
(b) Aftermarket part means any part offered for sale for
installation in or on a motor vehicle after such vehicle has left the
vehicle manufacturer's production line.
(c) Aftermarket part manufacturer means:
(1) A manufacturer of an aftermarket part or,
(2) A party that markets aftermarket parts under its own brand name,
or,
(3) A rebuilder of original equipment or aftermarket parts, or
(4) A party that licenses others to sell its parts.
(d) Agency means the Environmental Protection Agency.
(e) Certified aftermarket part means any aftermarket part which has
been certified pursuant to this subpart.
(f) Emission warranty means those warranties given by vehicle
manufacturers pursuant to section 207 of the Act.
(g) Emission-critical parameters means those critical parameters and
tolerances which, if equivalent from one part to another, will not cause
the vehicle to exceed applicable emission standards with such parts
installed.
(h) Engine family means the basic classification unit of a vehicle's
product line for a single model year used for the purpose of emission-
data vehicle or engine selection and as determined in accordance with 40
CFR 86.078-24.
(i) Vehicle or engine configuration means the specific
subclassification unit of an engine family or certified part application
group as determined by engine displacement, fuel system, engine code,
transmission and inertia weight class, as applicable.
(j) Certification vehicle emission margin for a certified engine
family means the difference between the EPA emission standards and the
average FTP emission test results of that engine family's emission-data
vehicles at the projected applicable useful life mileage point (i.e.,
useful life mileage for light-duty vehicles is 50,000 miles and for
light-duty trucks is 120,000 miles for 1985 and later model years or
50,000 miles for 1984 and earlier model years).
(k) Applications means all vehicle or engine configurations for
which one part is being certified as set forth in the aftermarket part
manufacturer's notification of intent to certify pursuant to Sec.
85.2115(a)(1).
[45 FR 78458, Nov. 25, 1980, as amended at 54 FR 32588, Aug. 8, 1989]
Sec. 85.2114 Basis of certification.
(a) Prior to certifying, the aftermarket part manufacturer must
determine:
(1) Whether the part to be certified is an emission related part as
defined in Sec. 85.2102. The MOD Director shall deny certification to
any parts which he or she determines is not an emission related part.
(2) The vehicle or engine configurations for which this part is
being certified. These are the vehicle and engine designs for which the
aftermarket part manufacturer intends to sell the certified aftermarket
part.
(3) Whether the part qualifies under one of the part categories,
listed in Sec. 85.2122 of this subpart that are eligible
[[Page 81]]
to certify using emission critical parameters and, if so, whether the
manufacturer elects to demonstrate certification using emission critical
parameters. An aftermarket part may be certified under this category
only if the part's emission-critical parameters, as set forth in Sec.
85.2122, are equivalent to those of the original equipment or previously
certified part it is to replace. Compliance with the emission-critical
parameters discussed in paragraph (b) of this section may be
demonstrated by compliance with the relevant test procedures and
criteria specified in appendix I to this subpart. The requirements of
this paragraph apply to all on-road vehicles and engines. Alternatively,
the manufacturer may elect to demonstrate certification compliance
according to the emission test procedures described in paragraph (c) of
this section.
(b) For parts eligible to certify using emission-critical
parameters, certification compliance can be demonstrated as follows. (1)
The durability procedure contained in appendix I to this subpart can be
used. As an alternative, the aftermarket part manufacturer may use a
different durability procedure if it can demonstrate to the MOD Director
that the alternative procedure results in an improved technical
evaluation of the part's influence on vehicle or engine emissions for
its useful life mileage interval, or results in a significant cost
savings to the aftermarket part manufacturer with no loss in technical
validity compared to the recommended durability procedure. The
aftermarket part manufacturer shall receive the written approval from
the MOD Director prior to implementation of the alternative procedures.
(2) Compliance with certification requirements is based on
conformance with all emission-critical parameters in Sec. 85.2122. This
shall be accomplished by performing such procedures, tests, or analyses
described in appendix I, or other procedures subject to the MOD
Director's approval, necessary to ascertain with a high degree of
certainty the emission-critical parameter specifications and tolerances
for the aftermarket part and the original equipment or previously
certified part for which an equivalent aftermarket certified part is to
be used.
(i) If information is available in appendix I of this subpart to
identify the applicable emission-critical parameters, the aftermarket
part certifier must use such information.
(ii) If sampling and analysis of original equipment or previously
certified parts is relied upon, the aftermarket part certifier must use
sound statistical sampling techniques to ascertain the mean and range of
the applicable emission parameters.
(iii) If an aftermarket part replaces more than one part on the same
application, it may be certified only if the aftermarket part meets the
applicable emission-critical parameters of Sec. 85.2122 for each part
or parts which the aftermarket part is to replace. If an aftermarket
part is to replace more than one part or an entire system, compliance
must be demonstrated for all emission-critical parameters involved,
except those which relate solely to the interface between the parts
being replaced by the aftermarket part.
(c) For parts certifying on the basis of emission test results,
durability demonstration testing shall be conducted as follows. (1)
Prior to certification emission testing, the actual aftermarket part
used for certification testing must meet the durability demonstration
requirements of this paragraph for at least the part's useful life
mileage interval.
(i) If an original equipment part has no scheduled replacement
interval, then the useful life mileage interval of the aftermarket part
of that type or which replaces the function of that part may be
certified with a service interval less than the useful life of the motor
vehicle or motor vehicle engine, or
(ii) If any provision of 40 CFR part 86 establishes a minimum
replacement or service interval for an original equipment part during
vehicle or engine certification, then the useful life mileage interval
of the aftermarket part of that type or which replaces the function of
that part is said minimum interval.
(2) The part manufacturer must decide whether it can demonstrate to
the MOD Director that, during normal vehicle operation, the candidate
part will
[[Page 82]]
not accelerate deterioration of any original equipment emission related
parts. This demonstration must be based on technical rationale that
shows that the candidate part has no significant physical or operational
effect on any original emission components or system which would be
different than that experienced by the vehicle operating with all
original equipment emission system parts. The part's effect on each
major emission system must be addressed separately in the demonstration.
(i) If the aftermarket part to be certified accelerates
deterioration of any existing emission related parts then certification
shall be carried out as specified under the paragraph (c)(3) of this
section for parts that accelerate deterioration of existing emission
related parts.
(ii) If the aftermarket part manufacturer can demonstrate that the
part to be certified will not accelerate deterioration of any existing
emission related components, then the manufacturer can certify according
to paragraph (c)(4) in this section for parts demonstrated to not
accelerate deterioration of existing emission related parts.
(3) For aftermarket parts that accelerate deterioration of existing
emission related parts during normal operation. (i) The aftermarket test
part can be installed on the durability test vehicle and aged for 50,000
miles using the vehicle durability driving schedules contained in part
86, appendix IV. As an alternative, the aftermarket part manufacturer
may use a different durability procedure if it can demonstrate to the
MOD Director that the alternative procedure results in an improved
technical evaluation of the part's influence on vehicle or engine
emissions for the part's useful life mileage interval, or results in a
significant cost savings to the aftermarket part manufacturer with no
loss in technical validity compared to the recommended durability
schedules in part 86, appendix IV. The aftermarket part manufacturer
shall receive the written approval from the MOD Director prior to
implementation of the alternative procedures.
Note: At the time of certification emission testing, the same part
and vehicle combination used for mileage accumulation shall be used for
emission testing.
(ii) Where the comparable original equipment part has a recommended
replacement interval of less than 50,000 miles, the test part shall be
replaced no sooner than its useful life mileage interval during the
required 50,000 mile durability demonstration.
Note: At the time of certification emission testing, one of the
aftermarket parts that accumulated at least its useful life mileage
during the aging process under this paragraph shall be installed on the
durability test vehicle that has accumulated 50,000 miles.
(4) For aftermarket parts demonstrated not to accelerate
deterioration on existing emission related parts during normal
operation, the part manufacturer must determine whether the part will
cause a noticeable change in vehicle driveability.
(i) Parts that cause no noticeable change in vehicle driveability,
performance, and/or fuel economy when the part fails, the durability
driving schedules contained in part 86, appendix IV can be used. As an
alternative, the aftermarket part manufacturer may use a different
durability procedure if it can demonstrate to the MOD Director that the
alternative procedure results in an improved technical evaluation of the
part's influence on vehicle or engine emissions for its useful life
mileage interval, or results in a significant cost savings to the
aftermarket part manufacturer with no loss in technical validity
compared to the durability schedules in part 86, appendix IV. The
aftermarket part manufacturer shall receive the written approval from
the MOD Director prior to implementation of the alternative procedures.
(ii) Parts demonstrated to cause a noticeable change in vehicle
driveability, performance, and/or fuel economy when the part fails, are
exempt from aging if the part manufacturer can demonstrate to the MOD
Director that the primary failure mode of the aftermarket component or
system affects the driveability, performance, and/or fuel economy of the
vehicle at a level readily detectable by the driver and likely to result
in near term repair of failing components and correction of the
emissions failure. (Use of on-board diagnostics and malfunction
indicators
[[Page 83]]
as covered in paragraph (g) of this section is not necessarily an
adequate demonstration that the certified part will be replaced. The
part manufacturer must demonstrate that the diagnostic and malfunction
indicator system will routinely result in repair or replacement of the
part in use).
(5) For parts which only affect evaporative emissions performance,
the aftermarket part manufacturer shall determine and demonstrate to the
MOD Director the appropriate durability procedure to age its part. The
demonstration shall include all documentation, analyses, and test
results that support this determination, and the documentation that
support the durability procedure results shall be submitted with the
notification of intent to certify as per Sec. 85.2115 and is subject to
MOD Director's review.
(6) Durability demonstration vehicle selection. The demonstration
vehicle used must represent the ``worst case'' of all the configurations
for which the aftermarket part is being certified. The worst case
configuration shall be that configuration which will likely cause the
most deterioration in the performance characteristics of the aftermarket
part which influence emissions during the part's useful life mileage.
The worst case configuration shall be selected from among those
configurations for which the aftermarket part is to be certified. One of
the following two methods shall be used to select the worst case
durability demonstration vehicle(s):
(i) In the first method, the selection shall be based on a technical
judgment by the aftermarket part manufacturer of the impact of the
particular design, or calibration of a particular parameter or
combination of parameters, and/or an analysis of appropriate data, or
(ii) In the second alternative method, the selection shall be made
from among those vehicle configurations with the heaviest equivalent
test weight, and within that group, the largest displacement engine.
(d) For parts certifying on the basis of emission test results,
certification compliance shall be demonstrated as follows. (1) The
emission test to be used is the Federal Test Procedure as set forth in
the applicable portions of 40 CFR part 86. Certification emission
testing must be carried out using representative production aftermarket
parts as provided in paragraph (e) of this section. The test results
must demonstrate that the proper installation of the certified
aftermarket part will not cause the vehicle to fail to meet any
applicable Federal emission requirements under section 202 of the Act.
(2) The following portions of the Federal Test Procedure are not
required to be performed when certifying a part using emission testing:
(i) The evaporative emissions portion, if the aftermarket
manufacturer has an adequate technical basis for believing that the part
has no effect on the vehicle's evaporative emissions;
(ii) The exhaust emissions portion, if the part manufacturer has an
adequate technical basis for believing that the part has no affect on
the vehicle's exhaust emissions; and
(iii) Other portions therein which the part manufacturer believes
are not relevant; Provided, That the part manufacturer has requested and
been granted a waiver in writing by the MOD Director for excluding such
portion.
(3) Exhaust Emission Testing. Certification exhaust emission testing
for aftermarket parts shall be carried out in the following manner:
(i) For light duty vehicle parts that accelerate deterioration of
existing emission related parts, at least one emission test is required.
The test(s) shall be performed according to the Federal Test Procedure
on the same test vehicle and aftermarket part combination that was
previously aged as required. The results of all tests performed shall be
averaged for each emission constituent. The average values shall meet
all applicable Federal emission requirements under section 202 of the
Act.
(A) For aftermarket parts where the comparable original equipment
part has no recommended replacement interval, the same part and vehicle
combination used for the durability demonstration shall be used for
certification exhaust emission testing.
(B) For aftermarket parts where the comparable original equipment
part
[[Page 84]]
has a recommended replacement interval of less than 50,000 miles, one of
the aftermarket parts that accumulated at least the part's useful life
mileage during the durability demonstration must be installed on the
durability demonstration vehicle that has accumulated 50,000 miles for
certification exhaust emission testing.
(ii) For light duty truck parts that accelerate deterioration of
existing emission related parts.
(A) An emission test shall be performed on emission test vehicles at
4000 miles and at 50,000 miles, with the part installed. Exhaust
emission deterioration factors for the test vehicle shall be calculated
from these two test results. The aftermarket part manufacturer may elect
to perform other emission tests at interim mileages. However, any
interim tests must be spaced at equal mileage intervals. If more than
one test is performed at any one mileage point, then all tests at this
point shall be averaged prior to determining the deterioration factor.
The deterioration factor shall be calculated using the least squares
straight line method, in accordance with Sec. 86.088-28(a). The
deterioration factor for each emission constituent shall be used to
linearly project the 50,000 mile test result out to 120,000 miles. The
projected 120,000 mile test result shall meet light duty truck emission
standards.
(B) As an option, the light-duty truck part manufacturer may
durability age the test vehicle and aftermarket part to 120,000 miles,
and then perform one Federal Test Procedure test. The actual test
results in this case must pass all Federal emission standards.
(iii) For parts demonstrated to not accelerate deterioration of
existing emission related parts during normal operation:
(A) If parts cause no noticeable change in vehicle driveability,
performance, and/or fuel economy when the part fails, the certification
exhaust emission test vehicle need not be the same vehicle as that used
for durability demonstration. Upon completion of aging, one Federal Test
Procedure test shall be performed with the aged aftermarket part
installed on a test vehicle that has just completed one Federal Test
Procedure test in the original equipment configuration (i.e., before the
aftermarket part or system is installed). If more than one test is
performed either before or after the aftermarket part is installed, then
an equivalent number of tests must be performed in both configurations.
The results of all tests performed before the part is installed shall be
averaged and the results of all tests performed after the part is
installed shall be averaged for each emission constituent. The
difference in Federal Test Procedure emission results between the tests
with the aged aftermarket part installed and the test vehicle in the
original equipment configuration shall be less than or equal to the
certification vehicle emission margin of any and all of the
certification test vehicles from the various configurations for which
the aftermarket part is being certified.
(B) For parts demonstrated to cause a noticeable change in vehicle
driveability, performance, and/or fuel economy when the part fails, no
durability aging of the part is required before certification emission
testing. One Federal Test Procedure test shall be performed on the test
vehicle in its original equipment configuration (i.e., before the
aftermarket part or system is installed) and one test with an
aftermarket part representative of production (as provided in paragraph
(e) of this section) installed on the test vehicle. If more than one
test is performed either before or after the aftermarket part is
installed, then an equivalent number of tests must be performed in both
configurations. The results of all tests performed with the aftermarket
part installed shall be averaged and the results of all tests performed
in the original equipment configuration shall be averaged for each
emission constituent. The difference in Federal Test Procedure emission
results between the tests with the aftermarket part installed and the
test vehicle in the original equipment configuration shall be less than
or equal to the certification vehicle emission margin of any and all of
the certification test vehicles from the various configurations for
which the aftermarket part is being certified.
[[Page 85]]
(4) Evaporative emission testing. For parts determined by the part
manufacturer (with appropriate technical rationale) to affect only
evaporative emissions performance, at least one evaporative emissions
portion of the Federal Test Procedure test shall be performed on the
vehicle in its original equipment configuration and at least one with
the aftermarket part installed. Both the original equipment and
aftermarket part shall be aged according to paragraph (c)(5) of this
section prior to testing. If more than one test is performed either
before or after the aftermarket part is installed, then an equivalent
number of tests must be performed in both configurations. The emission
results of all tests performed before the part is installed shall be
averaged and the emission results of all tests performed after the part
is installed shall be averaged. The difference in Federal Test Procedure
emission results between the tests with the aged aftermarket part
installed and the test vehicle in the original equipment configuration
shall be less than or equal to the certification vehicle emission margin
of any and all of the certification test vehicles from the various
configurations for which the aftermarket part is being certified.
(5) Emission test vehicle selection: The test vehicle used must
represent the ``worst case'' with respect to emissions of all those
configurations for which the aftermarket part is being certified. The
worst case configuration shall be that configuration which, having the
aftermarket part installed, is least likely to meet the applicable
emission standards among all those configurations on which the
aftermarket part is intended to be installed as a certified aftermarket
part. One of the following two methods shall be used to select the worst
case emission test vehicle(s):
(i) In the first method, the selection shall be based on a technical
judgment by the aftermarket part manufacturer of the impact of the
particular design or calibration of a particular parameter or
combination of parameters and/or an analysis of appropriate data, or
(ii) In the second alternative method, two defined worst case test
vehicles shall be selected from the vehicle configurations using the
following criteria:
(A) The first test vehicle is that engine family for which the
largest number of parts are projected to be sold. Within that family the
manufacturer shall select the configurations with the heaviest
equivalent test weight, and then within that group the configuration
with the largest displacement engine.
(B) The second test vehicle shall be from a different vehicle
manufacturer than the first test vehicle, or if the aftermarket part
applies to only one vehicle manufacturer, from a different engine
family. Engine families are determined by the vehicle manufacturer or
when certifying under 40 CFR part 86. Within that group, the second test
vehicle is selected from the vehicle configurations with the heaviest
equivalent test weight, and then, within that group, the configuration
with the largest displacement engine. If a part applies to only one
engine family then only the vehicle specified in paragraph
(d)(5)(ii)(A), of this section, is required to be tested.
(iii) The results of certification tests using the worst case
vehicle selections made in this section shall only be applicable for
configurations that are required to meet the same or less stringent
(numerically higher) emission standards than those of the worst case
configuration.
(iv) The worst case test vehicle(s) selected for certification
emission testing is(are) not required to meet Federal emission standards
in its original configuration. However, each test vehicle shall have
representative emissions performance that is close to the standards and
have no obvious emission defects. Each test vehicle shall be tuned
properly and set to the vehicle manufacturer's specifications before
testing is performed. Any excessively worn or malfunctioning emission
related part shall be repaired prior to testing.
(e) Test part selection. Certification shall be based upon tests
utilizing representative production aftermarket parts selected in a
random manner in accordance with accepted statistical procedures.
(f) Replacing original equipment parts. Installation of any
certified
[[Page 86]]
aftermarket part shall not result in the removal or rendering
inoperative of any original equipment emission related part other than
the part(s) being replaced. Furthermore, installation of any certified
aftermarket part shall not require the readjustment of any other
emission related part to other than the vehicle manufacturer
specifications, cause or contribute to an unreasonable risk to the
public health, welfare or safety, or result in any additional range of
parameter adjustability or accessibility to adjustment than that of the
vehicle manufacturer's emission related parts.
(g) Affects on vehicle on board diagnostic system. Installation of
any certified aftermarket part shall not alter or render inoperative any
feature of the on-board diagnostic system incorporated by the vehicle
manufacturer. The certified part may integrate with the existing
diagnostic system if it does not alter or render inoperative any
features of the system. However, use of on-board diagnostics or warning
indicators to alert the driver to part failure is not sufficient by
itself to qualify the part for exemption from aging under paragraph
(c)(4)(ii) of this section. The part manufacturer must demonstrate that
the diagnostic and malfunction indicator system will routinely result in
repair or replacement of the aftermarket part in use.
[54 FR 32588, Aug. 8, 1989]
Sec. 85.2115 Notification of intent to certify.
(a) At least 45 days prior to the sale of any certified automotive
aftermarket part, notification of the intent to certify must be received
by the Office Director.
(1) The notification shall include:
(i) Identification of each part to be certified; and.
(ii) Identification of all vehicle or engine configurations for
which the part is being certified including make(s), model(s), year(s),
engine size(s) and all other specific configuration characteristics
necessary to assure that the part will not be installed in any
configuration for which it has not been certified; and
(iii) All determinations, demonstrations, technical rationale, and
documentation provided in Sec. 85.2114; and
(iv) Any and all written waivers and approvals obtained from the MOD
director as provided in Sec. 85.2114, and any correspondence with EPA
regarding certification of that part; and
(v) A description of the tests, techniques, procedures, and results
utilized to demonstrate compliance with Sec. 85.2114(b) applicable to
parts eligible to certify using emission-critical parameters, except
that, if the procedure utilized is recommended in appendix I of this
subpart, then only a statement to this effect is necessary. A
description of all statistical methods and analyses used to determine
the emission-critical parameters of the original equipment parts and
compliance of the certified part(s) with those parameters including
numbers of parts tested, selection criteria, means, variance, etc; and
(vi) All results and documentation of tests and procedures used by
the part manufacturer as evidence of compliance with the durability and
emission requirements specified in Sec. 85.2114; and
(vii) A discussion of the technical basis(es) for foregoing any
portion of the Federal Test Procedure when applicable; and
(viii) A description of the test part selection criteria used, and a
statement that the test part(s) used for certification testing is(are) a
representative production aftermarket part(s) consistent with Sec.
85.2114(e); and
(ix) A description of the test and demonstration vehicle selection
criteria used, and rationale that supports the technical judgment that
the vehicle configurations used for emission testing and durability
demonstration represent worst case with respect to emissions of all
those configurations for which the aftermarket part is being certified,
and all data that supports that conclusion; and
(x) The service intervals of the part, including maintenance and
replacement intervals in months and/or miles, as applicable, and a
statement indicating whether it is different than the service,
maintenance, and replacement interval of the original equipment
requirements; and
[[Page 87]]
(xi) A statement, if applicable, that the part will not meet the
labeling requirements of Sec. 85.2119(a) and the description of the
markings the aftermarket manufacturer intends to put on the part in
order to comply with Sec. 85.2119(b); and
(xii) A statement that the aftermarket part manufacturer accepts, as
a condition of certification, the obligation to comply with the warranty
requirements and dispute resolution procedures provided in Sec.
85.2117; and
(xiii) A statement of commitment and willingness to comply with all
the relevant terms and conditions of this subpart; and
(xiv) A statement by the aftermarket part manufacturer that use of
its certified part will not cause a substantial increase to vehicle
emissions in any normal driving mode not represented during
certification or compliance testing; and
(xv) The office or officer of the aftermarket part manufacturer
authorized to receive correspondence regarding certification
requirements pursuant to this subpart.
(2) The notification shall be signed by an individual attesting to
the accuracy and completeness of the information supplied in the
notification.
(3) Notification to the Agency shall be by certified mail or another
method by which date of receipt can be established.
(4) Two complete and identical copies of the notification and any
subsequent industry comments on any such notification shall be submitted
by the aftermarket manufacturer to: Mod Director, MOD (EN-340F),
Attention: Aftermarket Parts, 401 ``M'' St. SW., Washington, DC 20460.
(5) A copy of the notification submitted under paragraph (a)(4) of
this section will be placed in a public docket. Comments on any notice
in the public docket may be made to the MOD Director.
(b) The MOD Director reserves the right to review an application to
determine if the submitted documents adequately meet all the
requirements for certification specified in Sec. Sec. 85.2114 and
85.2115. A part may be sold as certified 45 days after the receipt by
the Agency of the notification given pursuant to this subsection
provided that the Office Director has not notified the part manufacturer
otherwise.
[54 FR 32591, Aug. 8, 1989]
Sec. 85.2116 Objections to certification.
(a) At any time prior to the end of the 45-day period after a
notification of intent to certify an aftermarket part is received as
specified in Sec. 85.2115, the MOD Director may notify the manufacturer
of the aftermarket part that such aftermarket part may not be certified
pending further investigation. The basis upon which this notification
shall be made may include, but not be limited to, information or test
results which indicate:
(1) Compliance with the applicable emission-critical parameters was
not achieved or that the testing methods used to demonstrate compliance
with the emission-critical parameters were inadequate;
(2) The part is to be certified on the basis of emission testing,
and the procedure used in such tests was not in compliance with those
portions of the Federal Test Procedure not waived pursuant to Sec.
85.2114(d)(2).
(3) Use of the certified part may cause a vehicle to exceed any
applicable emission requirements;
(4) The durability requirement of Sec. 85.2114 has not been
complied with;
(5) Use of the certified part could cause or contribute to an
unreasonable risk to public health, welfare or safety in its operation
or function;
(6) Installation of the certified part requires procedures or
equipment which would likely cause it to be improperly installed under
normal conditions or would likely result in a vehicle being misadjusted;
or
(7) Information and/or data required to be in the notification of
intent to certify as provided by Sec. 85.2115 have not been provided or
may be inadequate; or,
(8) Documentation submitted under Sec. 85.2114(c)(4)(ii) was
determined inadequate for durability exemption.
(b) The aftermarket part manufacturer must respond in writing to the
statements made in the notification by the MOD Director, or the
aftermarket
[[Page 88]]
part manufacturer shall withdraw its notification of intent to certify.
(1) Any party interested in the outcome of a decision as to whether
a part may be certified may provide the MOD Director with any relevant
written information up to ten days after the manufacturer responds to
the MOD Director's objection.
(2) Any interested party may request additional time to respond to
the information submitted by the part manufacturer. The MOD Director
upon a showing of good cause by the interested party may grant an
extension of time to reply up to 30 days.
(3) The part manufacturer may reply to information submitted by
interested parties. Notification of intent to reply shall be submitted
to the MOD Director within 10 days of the date information from
interested parties is submitted to the MOD Director.
(4) The MOD Director may, at his or her discretion, allow oral
presentations by the aftermarket manufacturer or any interested party in
connection with a contested part certification.
(c) If an objection has been sent to an aftermarket part
manufacturer pursuant to paragraph (a) of this section, the MOD Director
shall, after reviewing all pertinent data and information, render a
decision and inform the aftermarket part manufacturer in writing as to
whether such part may be certified and, if so, under what conditions the
part may be certified. The written decision shall include an explanation
of the reasons therefor.
(1) The decision by the MOD Director shall be provided to the
manufacturer within 30 working days of receipt of all necessary
information by the manufacturer or interested parties, or of the date of
any oral presentation regarding the certification, whichever occurs
second.
(2) A copy of the decision shall be sent to all identified
interested parties.
(3) Within 20 days of receipt of a decision made pursuant to this
subsection, any party may file a written appeal to the Office Director.
The Office Director may, in his or her discretion, allow additional oral
or written submissions, prior to rendering a final decision. The
schedule for such submission shall be in accordance with the schedule
specified in Sec. 85.2116(b).
(4) If no party files an appeal with the Office Director within 20
days, then the decision of the MOD Director shall be final.
(5) The Office Director shall make a final decision regarding the
certification of a part within 30 working days of receipt of all
necessary information by the part manufacturer or from the date of any
oral presentation, whichever occurs later.
(6) A copy of all final decisions made under this section shall be
published in the Federal Register.
[45 FR 78460, Nov. 25, 1980, as amended at 54 FR 32592, Aug. 8, 1989]
Sec. 85.2117 Warranty and dispute resolution.
(a) Warranty. (1) As a condition of certification, the aftermarket
part manufacturer shall warrant that if the certified part is properly
installed it will not cause a vehicle to exceed Federal emission
requirements as determined by an emission test approved by EPA under
section 207(b)(1) of the Act. This aftermarket part warranty shall
extend for the remaining performance warranty period of any vehicle on
which the part is installed, or for the warranty period specified for an
equivalent original equipment component, if this period is shorter than
the remaining warranty period of the vehicle.
(2) The aftermarket part manufacturer's minimum obligation under
this warranty shall be to reimburse vehicle manufacturers for all
reasonable expenses incurred as a result of honoring a valid emission
performance warranty claim which arises because of the use of the
certified aftermarket part.
(3) The procedure used to process a certified aftermarket part
warranty claim is as follows. The time requirements are in units of
calendar days.
(i) The vehicle manufacturer shall submit, by certified mail or
another method by which date of receipt can be established, a bill for
reasonable expenses incurred to the part manufacturer for reimbursement.
Accompanying the bill shall be a letter to the part manufacturer with an
explanation of how the certified part caused the
[[Page 89]]
failure and a copy of the warranty repair order or receipt establishing
the date that the performance repair was initiated by the vehicle owner.
(ii) The parts retained pursuant to Sec. 85.2107(c)(1) shall be
retained until the reimbursement process is resolved. The vehicle
manufacturer shall store these parts or transfer these parts to the
involved certified part manufacturer for storage. If the vehicle
manufacturer transfers these parts to the certified part manufacturer,
the part manufacturer shall retain these parts:
(A) For at least one year from the date of repair involving these
parts, if the part manufacturer does not receive a bill from the vehicle
manufacturer within that time period, or
(B) Until the claim reimbursement process has been resolved, if the
part manufacturer receives a bill from the vehicle manufacturer within
one year of the date of repair involving these parts.
(iii) If the vehicle manufacturer transfers the parts retained
pursuant to paragraph (a)(3)(ii) of this section to the part
manufacturer, a bill shall be submitted to the part manufacturer within
one year of the date of initiation of the actual repair by the vehicle
owner. If this requirement is not met, the vehicle manufacturer shall
forfeit all rights to the reimbursement provisions provided in this
regulation.
(iv) Storage costs are not reimbursable as part of a performance
warranty claim.
(b) Dispute resolution. (1) The part manufacturer shall respond to
the vehicle manufacturer within 30 days of receipt of the bill by paying
the claim or requesting a meeting to resolve any disagreement. A meeting
shall occur within the next two week period. At this meeting the parties
shall, in all good faith, attempt to resolve their disagreement.
Discussions should be completed within 60 days of receipt of the bill
for the warranty claim by the part manufacturer.
(2) If the parties cannot resolve their disagreement within 60 days,
either party may file for arbitration. Neither party may file for
arbitration within 60 days unless both parties agree to seek arbitration
prior to the end of the 60-day period. If, after 60 days, either party
files, then both parties shall submit to arbitration.
(3) This arbitration shall be carried out pursuant to the
Arbitration Rules contained in appendix II of this subpart which are
based on Commercial Arbitration Rules published by the American
Arbitration Association, revised and in effect as of September 1, 1988.
The Arbitration Rules detail the procedures to be followed by the
parties and the arbitrator in resolving disputes under this section.
They can be varied only with the agreement of both parties. If either
involved manufacturer refuses to participate in the arbitration process,
that party is treated as if it had lost the arbitration and is required
to pay all reasonable expenses.
(4) Any party losing the arbitration has the right to resort to an
appropriate federal district court or state court, subject to the
established rules of that court regarding subject matter jurisdiction
and personal jurisdiction.
(5) If the vehicle manufacturer wins the arbitration, the part
manufacturer must provide reimbursement in accordance with the
arbitrator's award and decision. Such reimbursement must be made within
30 days of the award and decision.
(6)(i) If the part manufacturer refuses to pay a lost arbitration
award, the involved part will be decertified pursuant to 40 CFR 85.2121,
provided that if the part manufacturer resorts to a court of competent
jurisdiction, decertification will be withheld pending the outcome of
such judicial determination.
(ii) In addition, under these circumstances, the vehicle
manufacturer has the right to bring an enforcement action on the
arbitration award and decision in the appropriate federal district court
or state court, subject to the established rules of that court regarding
subject matter jurisdiction and personal jurisdiction. If this court
agrees with the arbitrator's award and decision, reimbursement shall be
made within 30 days of the court's decision unless the court orders
otherwise.
[54 FR 32592, Aug. 8, 1989]
Sec. 85.2118 Changes after certification.
The aftermarket part manufacturer shall be required to recertify any
part which:
[[Page 90]]
(a) Was certified pursuant to Sec. 85.2114(b) and to which
modifications are subsequently made which could affect the results of
any test or judgment made that the part meets all of the applicable
Emission-Critical Parameters;
(b) Was certified pursuant to Sec. 85.2114(c) and to which
modifications are made which are likely to affect emissions or the
capability of the part to meet any other requirement of this subpart; or
(c) Was certified and is subsequently modified in a manner affecting
the durability of the part or any emission control device, engine or the
vehicle upon which such part is installed.
[45 FR 78461, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]
Sec. 85.2119 Labeling requirements.
(a) Except as specified in paragraph (b) of this section, each part
certified pursuant to these regulations shall have ``Certified to EPA
Standards'' and the name of the aftermarket part manufacturer or other
party designated to determine the validity of warranty claims placed on
the part. The name of the aftermarket part manufacturer or other party
and the statement, ``Certified to EPA Standards,'' must be made durable
and readable for at least the useful life mileage interval of the part.
(b) In lieu of the name of the aftermarket part manufacturer or
other party and ``Certified to EPA Standards,'' the part may contain
unique identification markings. A description of the marking and
statement that such marking is intended in lieu of the name of the
aftermarket part manufacturer or other party and ``Certified to EPA
Standards,'' shall be made to the Agency in the notification of intent
to certify. The unique symbol shall not be used on any uncertified or
decertified part built or assembled after the date of decertification.
(c) The package in which the certified aftermarket part is contained
must have the following information conspicuously placed thereon:
(1) The statement ``Certified by (name of manufacturer or warranter)
to EPA Emission Standards'',
(2) A list of the vehicles or engines (in accordance with Sec.
85.2115(a)(1)(ii)) for which the part has been certified,
(3) A statement of the maintenance or replacement interval for which
the part has been certified, if the interval is of a shorter duration
than the interval specified in the written instructions for proper
maintenance and use for the original equipment,
(4) A description of the maintenance necessary to be performed on
the part in the proper maintenance and use of the part, if such
maintenance is in addition to or different from that maintenance
necessary on the original equipment part, and
(5) The instructions for proper installation if different from the
vehicle manufacturer's recommended installation instruction for that
part.
(d) The information required by paragraphs (c )(4) and (5) of this
section may be provided on a written insert with the certified
aftermarket part if the insert also contains the information required in
paragraphs (c) (1), (2) and (3) of this section.
(e) The information required by paragraph (c)(2) of this section may
be provided in a catalog rather than on the package or on an insert:
Provided, That access to the catalog is readily available to purchasers
and installers of the part.
(f) When an aftermarket part manufacturer desires to certify
existing in-service stocks of its products, it may do so provided:
(1) The part does not differ in any operational or durability
characteristic from the aftermarket parts specified in the notification
made pursuant to Sec. 85.2115, and
(2) A supplemental information sheet is made available to all
parties selling the part.
(i) The supplemental sheet shall be made available in sufficient
quantities so that it can be provided with all parts sold as certified,
and
(ii) The supplemental sheet shall contain all of the information
specified in paragraph (c) of this section.
[45 FR 78461, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]
[[Page 91]]
Sec. 85.2120 Maintenance and submittal of records.
(a) For each certified aftermarket part, the aftermarket part
manufacturer must establish, maintain and retain for 5 years the
following adequately organized and indexed records:
(1) Detailed production drawings showing all dimensions, tolerances,
performance requirements and material specifications and any other
information necessary to completely describe the part;
(2) A description of the testing program, including all production
part sampling techniques used to verify compliance of the certified
aftermarket part with the applicable Emission-Critical Parameters and
durability requirements;
(3) All data obtained during testing of the part and subsequent
analyses based on that data, including the milege and the vehicle or
engine configuration determinants if emission testing is utilized as the
basis for certification;
(4) All information used in determining those vehicles for which the
part is represented as being equivalent from an emissions standpoint to
the original equipment part;
(5) A description of the quality control plan used to monitor
production and assure compliance of the part with the applicable
certification requirements;
(6) All data taken in implementing the quality control plan, and any
subsequent analyses of that data;
(7) A description of all the methodology, analysis, testing and/or
sampling techniques used to ascertain the emission critical parameter
specifications of the originial equipment part; and
(8) All in-service data, analyses performed by the manufacturer and
correspondence with vendors, distributors, consumers, retail outlets or
vehicle manufacturers regarding any design, production or in-service
problems associated with 25 or more of any certified part.
(b) The records required to be maintained in paragraph (a) of this
section shall be made available to the Agency upon the written request
of the MOD Director.
(c) For parts certified only for vehicles with less than 5 years of
emission performance warranty coverage remaining, records must be kept
for 3 years or until they determine that approximately 80% of the
applicable vehicles are outside the warranty period, whichever occurs
second.
(d) This section shall expire 5 years from the effective date of
this regulation unless renewed prior to that date.
[45 FR 78461, Nov. 25, 1980]
Sec. 85.2121 Decertification.
(a) The MOD Director may notify an aftermarket part manufacturer
that the Agency has made a preliminary determination that one or more
parts should be decertified.
(1) Such a preliminary determination may be made if there is reason
to believe that the part manufactured has failed to comply with
Sec. Sec. 85.2112 through 85.2122. Information upon which such a
determination will be made includes but is not limited to the following.
(i) Tests required to be performed to demonstrate compliance of the
part with the applicable Emission-Critical Parameters
(A) Were not performed on the part(s), or
(B) Were insufficient to demonstrate compliance;
(ii) The part was certified on the basis of emission tests, and
(A) The procedures used in such tests were not in substantial
compliance with a portion or portions of the Federal Test Procedure
which were not waived pursuant to Sec. 85.2114(d);
(B) The emission results were not in compliance with the
requirements of Sec. 85.2114(d); or
(C) The procedures used for part aging for durability demonstration
were not in substantial compliance with the durability cycle required by
Sec. 85.2114.
(iii) Use of the certified part is causing vehicle emissions to
exceed emission requirements for any regulated pollutant;
(iv) Use of the certified part causes or contributes to an
unreasonable risk to public health, welfare or safety or severely
degrades drivability operation or function;
[[Page 92]]
(v) The part has been modified in a manner requiring recertification
pursuant to Sec. 85.2118; or
(vi) The manufacturer of such parts has not established, maintained
or retained the records required pursuant to Sec. 85.2120 or fails to
make the records available to the MOD Director upon written request
pursuant to Sec. 85.2120.
(vii) Documentation required to support the type of durability
demonstration used for a part under Sec. 85.2114:
(A) Were not submitted for the part, or
(B) Were insufficient to justify a claim of durability exemption
status.
(viii) The aftermarket part manufacturer failed to pay a lost
arbitration settlement within 30 days of the arbitrator's decision or
within 30 days after completion of judicial review, if any.
(2) Notice of a preliminary determination to decertify shall
contain:
(i) A description of the noncomplying part(s);
(ii) The basis for the MOD Director's preliminary decision; and
(iii) The date by which the manufacturer must
(A) Terminate the sale of the part as a certified part, or
(B) Make the necessary change (if so recommended by the Agency), and
(C) Request an opportunity in writing to dispute the allegations of
the preliminary decertification.
(b) If the aftermarket part manufacturer requests an opportunity to
respond to the preliminary determination, the manufacturer and other
parties interested in the MOD Director's decision whether to decertify a
part may, within 15 days of the date of the request, submit written
presentations, including the relevant information and data, to the MOD
Director. The MOD Director, in his or her discretion, may provide an
opportunity for oral presentations.
(1) Any interested party may request additional time to respond to
the information submitted by the part manufacturer. The MOD Director
upon a showing of good cause by the interested party may grant an
extension of time to reply up to 30 days.
(2) The part manufacturer may have an extension of up to 30 days to
reply to information submitted by interested parties. Notification of
intent to reply shall be submitted to the MOD Director within 10 days of
the date information from interested parties is submitted to the MOD
Director.
(c) If a part manufacturer has disputed the allegations of the
preliminary decisions, the MOD Director shall, after reviewing any
additional information, notify the aftermarket part manufacturer of his
or her decision whether the part may continue to be sold as certified.
This notification shall include an explanation upon which the decision
was made and the effective date for decertification, where appropriate.
(d) Within 20 days from the date of a decision made pursuant to
paragraph (c) of this section, any adversely affected party may appeal
the decision to the Office Director.
(1) A petition for appeal to the Office Director must state all of
the reasons why the decision of the MOD Director should be reversed.
(2) The Office Director may, in his or her discretion, allow
additional oral or written testimony.
(3) If no appeal is filed with the Office Director within the
permitted time period, the decision of the MOD Director shall be final.
(e) If a final decision is made to decertify a part under paragraph
(d) of this section, the manufacturer of such part shall notify his
immediate customers (other than retail customers) that, as of the date
of the final determination, the part in question has been decertified.
The part manufacturer shall offer to replace decertified parts in the
customer's inventory with certified replacement parts or, if unable to
do so, shall at the customer's request repurchase such inventory at a
reasonable price.
(f) Notwithstanding the requirements of paragraph (e) of this
section, a part purchased by a vehicle owner as certified, shall be
considered certified pursuant to this subpart.
[45 FR 78462, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]
Sec. 85.2122 Emission-critical parameters.
(a) The following parts may be certified in accordance with Sec.
85.2114(b):
[[Page 93]]
(1) Carburetor Vacuum Break (Choke Pull-Off). (i) The emission-
critical parameters for carburetor vacuum breaks are:
(A) Diaphragm Displacement.
(B) Timed Delay.
(C) Modulated Stem Displacement.
(D) Modulated Stem Displacement Force.
(E) Vacuum Leakage.
(ii) For the purposes of this paragraph:
(A) ``Diaphragm Displacement'' means the distance through which the
center of the diaphragm moves when activated. In the case of a non-
modulated stem, diaphragm displacement corresponds to stem displacement.
(B) ``Timed Delay'' means a delayed diaphragm displacement
controlled to occur within a given time period.
(C) ``Modulated Stem Displacement'' means the distance through which
the modulated stem may move when actuated independent of diaphragm
displacement.
(D) ``Modulated Stem Displacement Force'' means the amount of force
required at start and finish of a modulated stem displacement.
(E) ``Vacuum Leakage'' means leakage into the vacuum cavity of a
vacuum break.
(F) ``Vacuum Break'' (``Choke Pull-off'') means a vacuum-operated
device to open the carburetor choke plate a predetermined amount on cold
start.
(G) ``Modulated Stem'' means a stem attached to the vacuum break
diaphragm in such a manner as to allow stem displacement independent of
diaphragm displacement.
(H) ``Vacuum Purge System'' means a vacuum system with a controlled
air flow to purge the vacuum system of undesirable manifold vapors.
(2) Carburetor Choke Thermostats. (i) The emission-critical
parameters for all Choke Thermostats are:
(A) Thermal Deflection Rate.
(B) Mechanical Torque Rate.
(C) Index Mark Position.
(ii) The emission-critical parameters for Electrically-Heated Choke
Thermostats are:
(A) Those parameters set forth in paragraph (a)(2)(i) of this
section
(B) Time to rotate coil tang when electrically energized
(C) Electrical circuit resistance
(D) Electrical switching temperature
(iii) For the purpose of this paragraph:
(A) ``Choke'' means a device to restrict air flow into a carburetor
in order to enrich the air/fuel mixture delivered to the engine by the
carburetor during cold-engine start and cold-engine operation.
(B) ``Thermostat'' means a temperature-actuated device.
(C) ``Electrically-heated Choke'' means a device which contains a
means for applying heat to the thermostatic coil by electrical current.
(D) ``Thermostatic Coil'' means a spiral-wound coil of thermally-
sensitive material which provides rotary force (torque) and/or
displacement as a function of applied temperature.
(E) ``Thermostatic Switch'' means an element of thermally-sensitive
material which acts to open or close an electrical circuit as a function
of temperature.
(F) ``Mechanical Torque Rate'' means a term applied to a
thermostatic coil, defined as the torque accumulation per angular degree
of deflection of a thermostatic coil.
(G) ``Thermal Deflection Rate'' means the angular degrees of
rotation per degree of temperature change of the thermostatic coil.
(H) ``Index or Index Mark'' means a mark on a choke thermostat
housing, located in a fixed relationship to the thermostatic coil tang
position to aid in assembly and service adjustment of the choke.
(I) ``PTC Type Choke Heaters'' means a positive termperature
coefficient resistant ceramic disc capable of providing heat to the
thermostatic coil when electrically energized.
(3) Carburetor Accelerator Pumps. (i) The emission-critical
parameter for accelerator pumps (plungers or diaphragms) is the average
volume of fuel delivered per stroke by the pump within prescribed time
limits.
(ii) For the purpose of this paragraph an ``Accelerator Pump
(Plunger or Diaphragm)'' means a device used to provide a supplemental
supply of fuel during increasing throttle opening as required.
[[Page 94]]
(4) Positive Crankcase Ventilation (PCV) Valves. (i) The emission-
critical parameter for a PCV valve is the volume of flow as a function
of pressure differential across the valve.
(ii) For the purposes of this paragraph a ``PCV Valve'' means a
device to control the flow of blow-by gasses and fresh air from the
crankcase to the fuel induction system of the engine.
(5) Breaker Points. (i) The emission-critical parameters for breaker
points are:
(A) Bounce.
(B) Dwell Angle.
(C) Contact Resistance.
(ii) For the purposes of this paragraph:
(A) ``Breaker Point'' means a mechanical switch operated by the
distributor cam to establish and interrupt the primary ignition coil
current.
(B) ``Bounce'' means unscheduled point contact opening(s) after
initial closure and before scheduled reopening.
(C) ``Dwell Angle'' means the number of degrees of distributor
mechanical rotation during which the breaker points are conducting
current.
(D) ``Contact Resistance'' means the opposition to the flow of
current between the mounting bracket and the insulated terminal.
(6) Capacitors/Condensers. (i) The emission-critical parameters for
capacitors/condensers are:
(A) Capacitance.
(B) Series Resistance.
(C) Breakdown Voltage.
(ii) For the purposes of this paragraph:
(A) ``Capacitance'' means the property of a device which permits
storage of electrically-separated charges when differences in electrical
potential exist between the conductors and measured as the ratio of
stored charge to the difference in electrical potential between
conductors.
(B) ``Series Resistance'' means the sum of resistances from the
condenser plates to the condenser's external connections.
(C) ``Breakdown Voltage'' means the voltage level at which the
capacitor fails.
(D) ``Capacitor/Condenser'' means a device for the storage of
electrical energy consisting of two oppositely charged conducting plates
separated by a dielectric and which resists the flow of direct current.
(7) Distributor Caps and/or Rotors. (i) The emission-critical
parameters for distributor caps and/or rotors are:
(A) Physical and Thermal Integrity.
(B) Dielectric Strength.
(C) Flashover.
(ii) For the purposes of this paragraph:
(A) ``Flashover'' means the discharge of ignition voltage across the
surface of the distributor cap and/or rotor rather than at the spark
plug gap.
(B) ``Dielectric Strength'' means the ability of the material of the
cap and/or rotor to resist the flow of electric current.
(C) ``Physical and Thermal Integrity'' means the ability of the
material of the cap and/or rotor to resist physical and thermal
breakdown.
(8) Spark Plugs. (i) The emission critical parameters for spark
plugs are:
(A) Heat Rating.
(B) Gap Spacing.
(C) Gap Location.
(D) Flashover.
(E) Dielectric Strength.
(ii) For the purposes of this paragraph:
(A) ``Spark Plug'' means a device to suitably deliver high tension
electrical ignition voltage to the spark gap in the engine combustion
chamber.
(B) ``Heat Rating'' means that measurement of engine indicated mean
effective pressure (IMEP) value obtained on the engine at a point when
the supercharge pressure is 25.4mm (one inch) Hg below the preignition
point of the spark plug, as rated according to SAE J549A Recommended
Practice.
(C) ``Gap Spacing'' means the distance between the center electrode
and the ground electrode where the high voltage ignition arc is
discharged.
(D) ``Gap Location'' means the position of the electrode gap in the
combustion chamber.
(E) ``Dielectric Strength'' means the ability of the spark plug's
ceramic insulator material to resist electrical breakdown.
(F) ``Flashover'' means the discharge of ignition voltage at any
point other than at the spark plug gap.
[[Page 95]]
(9) Inductive System Coils. (i) The emission-critical parameters for
inductive system coils are:
(A) Open Circuit Voltage Output.
(B) Dielectric Strength.
(C) Flashover.
(D) Rise Time.
(ii) For the purposes of this paragraph:
(A) ``Coil'' means a device used to provide high voltage in an
inductive ignition system.
(B) ``Flashover'' means the discharge of ignition voltage across the
coil.
(C) ``Dielectric Strength'' means the ability of the material of the
coil to resist electrical breakdown.
(D) ``Rise Time'' means the time required for the spark voltage to
increase from 10% to 90% of its maximum value.
(10) Primary Resistors. (i) The emission-critical parameter for
primary resistors is the DC resistance.
(ii) For the purpose of this paragraph, a ``Primary Resistor'' means
a device used in the primary circuit of an inductive ignition system to
limit the flow of current.
(11) Breaker Point Distributors. (i) The emission-critical
parameters for breaker point distributors are:
(A) Spark Timing.
(1) Centrifugal Advance Characteristics.
(2) Vacuum Advance Characteristics.
(B) Dwell Angle.
(C) Breaker point contact operation.
(D) Electrical resistance to ground.
(E) Capacity for compatibility with generally available original
equipment and certified replacement parts listed in Sec. 85.2112(a)
(5), (6), (7), and (9).
(ii) For the purposes of this paragraph:
(A) ``Distributor'' means a device for directing the secondary
current from the induction coil to the spark plugs at the proper
intervals and in the proper firing order.
(B) ``Distributor Firing Angle'' means the angular relationship of
breaker point opening from one opening to the next in the firing
sequence.
(C) ``Dwell Angle'' means the number of degrees of distributor
mechanical rotation during which the breaker points are capable of
conducting current.
(12) Engine Valves. [Reserved]
(13) Camshafts. [Reserved]
(14) Pistons. [Reserved]
(15) Oxidizing Catalytic Converter. (i) The emission-critical
parameters for oxidizing catalytic converters are:
(A) Conversion Efficiency.
(B) Light-off Time.
(C) Mechanical and Thermal Integrity.
(ii) For the purposes of this paragraph including the relevant test
procedures in the appendix:
(A) ``Catalytic Converter'' means a device installed in the exhaust
system of an internal combustion engine that utilizes catalytic action
to oxidize hydrocarbon (HC) and carbon monoxide (CO) emissions to carbon
dioxide (CO2) and water (H2O).
(B) ``Conversion Efficiency'' means the measure of the catalytic
converter's ability to oxidize HC/CO to CO2/H2O
under fully warmed-up conditions stated as a percentage calculated by
the following formula:
[GRAPHIC] [TIFF OMITTED] TC15NO91.093
(C) ``Light-off Time'' or ``LOT'' means the time required for a
catalytic converter (at ambient temperature 68-86 [deg]F) to warm-up
sufficiently to convert 50% of the incoming HC and CO to CO2
and H2 O.
(D) ``Peak Air Flow'' means the maximum engine intake mass air flow
rate measure during the 195 second to 202 second time interval of the
Federal Test Procedure.
(E) ``Feed Gas'' means the chemical composition of the exhaust gas
measured at the converter inlet.
(F) ``Aged Catalytic Converter'' means a converter that has been
installed on a vehicle or engine stand and operated thru a cycle
specifically designed to chemically age, including exposure to
representative lead concentrations, and mechanically stress the
catalytic converter in a manner representative of in-use vehicle or
engine conditions.
(G) ``Mechanical and Thermal Intergrity'' means the ability of a
converter to continue to operate at its previously determined efficiency
and light-off time and be free from exhaust leaks when subject to
thermal and mechanical stresses representative of the intended
application.
[[Page 96]]
(16) Air Cleaner Filter Element. (i) The emission-critical
parameters for Air Cleaner Filter Elements are:
(A) Pressure drop.
(B) Efficiency.
(ii) For the purpose of this paragraph:
(A) ``Air Cleaner Filter Element'' means a device to remove
particulates from the primary air that enters the air induction system
of the engine.
(B) ``Pressure Drop'' means a measure, in kilopascals, of the
difference in static pressure measured immediately upstream and
downstream of the air filter element.
(C) ``Efficiency'' means the ability of the air cleaner or the unit
under test to remove contaminant.
(17) Electronic Inductive Ignition System and Components. [Reserved]
(18) Electronic Inductive Distributors. [Reserved]
(b) Additional part standards. [Reserved]
[45 FR 78462, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]
Sec. 85.2123 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this subpart is entitled to confidential treatment
as provided by 40 CFR part 2, subpart B.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this subpart is
confidential, a manufacturer must indicate clearly the items of
information claimed confidential by marking, circling, bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information shall be deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted all confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this subpart is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in part 2, subpart B, of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with 40 CFR
2.204(c)(2)(i)(A).
[50 FR 34798, Aug. 27, 1985]
Sec. Appendix I to Subpart V of Part 85--Recommended Test Procedures and
Test Criteria and Recommended Durability Procedures To Demonstrate
Compliance With Emission Critical Parameters
A. Carburetor Vacuum Break (Choke Pull-Off)
1. Test Procedure and Criteria
a. Vacuum leakage: Apply 457 13 mm (18.0
0.5 inches) Hg. vacuum to the vacuum unit to
achieve full diaphragm displacement. Seal vacuum source to unit. There
shall be no visible loss of diaphragm displacement or drop in vacuum
gauge reading after a 15 second observation. Vacuum purge system and
diaphragm displacement adjusting screw holes should be temporarily
sealed during this test when applicable.
b. Diaphragm displacement: At stabilized temperature of -29 [deg]C
and 121 [deg]C (-20 [deg]F and 250 [deg]F) with 457 13 mm (18.0 0.5 inches) Hg. vacuum
applied to unit, the diaphragm displacement shall be within 1 mm (0.04 inches) of the nominal original equipment
displacement. The vacuum purge system must be open during this test when
applicable. Adjusting screws that limit displacement should be
temporarily removed and adjusting screw holes temporarily sealed during
this test.
c. Timed delay (when applicable): With 457 13
mm (18.0 0.5 inches) Hg. applied to the unit, the
vacuum break diaphragm displacement shall occur within 20% of the original equipment time over the specified
range of displacement. The diaphragm displacement shall be timed over
the same distance for the original equipment as the replacement part and
shall not be less than 60% of the total displacement range. The vacuum
purge system must be open and the adjusting screw holes should be
temporarily sealed during this test when applicable.
d. Modulated stem displacement (when applicable): With a force
sufficient to extend the modulated stem to its full displacement, the
displacement shall be within 0.8 mm (0.03 inches) of the original equipment specification.
[[Page 97]]
e. Modulated stem displacement force (when applicable): The force
required to start and finish the modulated stem displacement shall be
within 35% of the original equipment specification
for forces up to 142 grams (5 ounces) and shall be within 20% of the original equipment specification for forces
exceeding 142 grams (5 ounces).
2. Durability Procedures: After 250,000 full displacement cycles
(from atmospheric pressure to a minimum of 530mm (21 inches) Hg. vacuum
at a temperature of 79 [deg]C (175 [deg]F)) in air, the following
conditions shall be met:
a. Diaphragm displacement shall not degrade more than 10% from the
original test measurements of paragraph 1.b. above.
b. Timed delay shall not degrade more than 10% from the original
test measurement in paragraph 1.c. above.
c. Following these tests, the units must be free of visible defects.
B. Carburetor Choke Thermostats
1. Test Procedures and Criteria
a. All chokes
i. Thermal deflection rate
When tested on a suitable fixture, the deflection rate shall be
within 6% of the original equipment value. The
initial temperature and final temperature for purposes of this test may
vary but shall exhibit a test temperature range of at least 44 [deg]C
(80 [deg]F). Recommended test equipment, test procedures, and associated
calculations are outlined in ASTM B389 (latest revision) or American
National Standards Institute Z155-20.
ii. Mechanical torque rate
When tested on a suitable fixture, the torque rate shall be within
12% of the mean original equipment value.
Recommended test equipment, test procedures, and associated calculations
are outlined in ASTM B362 (latest revision) or American National
Standards Institute Z155-18 (latest revision).
iii. Index mark position
When stabilized for four hours at room temperature, the relative
position of the thermostatic coil outer tang or loop and the index mark,
when corrected to 24 [deg]C (75 [deg]F), shall be within 5 angular degrees of the mean original equipment
positions.
b. Electrically-heated Chokes
i. Time to rotate coil tang
When tested on a suitable fixture, the time to rotate through a
prescribed angle at a prescribed temperature and prescribed voltage, for
the specfic choke device under test shall be within 12 seconds or 25% of the mean
original equipment value whichever is greater.
ii. Electrical circuit resistance
In an electrically-heated choke utilizing PTC type choke heater, the
circuit resistance shall be within 1.5 ohms of the
mean original equipment value at 24 3 [deg]C
(75[deg] 5 [deg]F) unenergized.
iii. Electrical switching temperature
In an electrically heated choke thermostat utilizing a thermostatic
disc switch in the electrical circuit, the temperature to open the
circuit shall be within 5.5 [deg]C (10 [deg]F) and
the temperature to close the circuit shall be within 11 [deg]C (20 [deg]F) of the mean original equipment
value. Circuit opening temperature shall be measured on a decreasing
temperature change, and the circuit closing temperature shall be
measured on an increasing temperature change.
C. Carburetor Accelerator Pumps
1. Test Procedure and Criteria
a. Expose plunger or diaphragm assembly to temperatures of -30
[deg]C (-20 [deg]F) for 70 hours and at 70 [deg]C (158 [deg]F) for 24
hours, with a commercial grade fuel or equivalent.
b. Within one hour after temperature exposure of 1.a. above, each
plunger or diaphragm assembly, when installed in an applicable
carburetor or test fixture, shall at room temperature deliver a volume
of test fluid (Stoddard solvent or equivalent) from a 10 stroke cycle,*
within 30% of the volume from a 10 stroke cycle of
an original equipment plunger or diaphragm assembly.
---------------------------------------------------------------------------
*10 stroke cycle: 10 strokes from closed throttle plate position to
wide open throttle plate position occurring within a 15-25 second time
period.
---------------------------------------------------------------------------
2. Durability Procedure: After 250,000 operational cycles, at
approximately 30 cycles per minute at room temperature in test fluid,
the output of the plunger/diaphragm shall not drop below 90% of the low
limit as established in 1.b.
D. Positive Crankcase Ventilation (PCV) Valve
1. Test Procedure and Criteria
a. Measure the flow of the PCV valve in standard cubic feet per
minute (SCFM) vs. pressure differential across the valve over a range of
operating pressures from 4-22 inches Hg., at standard atmospheric
conditions (21.1 [deg]C (70 [deg]F) at 755mm (29.92 inches).
b. A PCV valve shall flow within the vehicle manufacturer's
specifications or shall meet the following criteria: Whenever the mean
of the original equipment flow curve is below 1 SCFM, a maximum
deviation of the mean replacement PCV valve shall not exceed 0.1 SCFM. Whenever the mean original equipment curve is
equal to or greater than 1 SCFM, a maximum deviation of the mean of the
replacement PCV valve shall not exceed 10%. The
total flow tolerance of the replacement valve shall not exceed the
original equipment variation from the mean, at any pressure
differential.
2. Durability Procedure: The flow of any specific PCV valve must not
deviate from the flow curve of the original equipment PCV
[[Page 98]]
valve by more than the total original allowable tolerance when each is
similarly operated in the intended vehicle application over the service
interval stated by the certifier.
E. Breaker Points
1. Test Procedures and Criteria
a. Set up test system circuit and equipment per Figure 1 with an OE
breaker point assembly. Connect the primary to a 14 .5 V DC regulated power supply.
b. Record dwell angle and open-circuit output voltage at 300 and 500
distributor rpm and at 500 rpm intervals up to the maximum speed of the
intended application.
c. Insert the replacement part in the test system and repeat the
observations per b above under identical test conditions.
d. The data observed with the replacement part in the system must
meet the following criteria:
(1) The dwell angle change: Not to exceed that of the original
equipment by more than 2[deg] at all measured rpm
intervals.
[GRAPHIC] [TIFF OMITTED] TC01MY92.109
(2) The open circuit output voltage (M-3): Not less than 90% of the
OE breaker point assembly at any measured rpm.
e. Repeat step c above at -40 [deg]C (-40 [deg]F) and 100 [deg]C
(212 [deg]F).
f. The breaker points shall operate without evidence of point bounce
at all test speeds and temperatures and shall operate easily without
binding when operated manually.
2. Durability Procedures
a. Set up a bench ignition system using an applicable distributor or
electro-mechanical equivalent.
b. Install the breaker point assembly under test in the distributor,
lubricate and adjust
[[Page 99]]
per applicable vehicle manufacturer's specifications. Use applicable
coil, primary resistor, capacitor, cap and rotor.
c. Connect the primary of the test system with a power supply
regulated at 14 0.5 V DC for a 12V system.
d. The secondary portion of the test system is to be connected to a
12 2KV spark gap.
e. An external heat source shall generate an ambient temperature of
70[deg] (158 [deg]F) for the distributor.
f. Drive the distributor at 1750 50 rpm for
200 hours. After each 50 hour interval, run the distributor for 5
minutes with one open circuit spark gap instead of a 12KV gap.
g. The replacement breaker point assembly must have the capability
of performing throughout the duration of the test without evidence of
any failure resulting in loss of spark in the 12KV spark gap.
h. After the 200 hours repeat step 1.c. above. The open circuit
output voltage must be at least 90% of that measured in 1.c.
F. Capacitors/Condensers
1. Test Procedures and Criteria
a. The electrostatic capacitance of the replacement condenser shall
be within 20% of the value of the original part at
20 3 [deg]C (68 5 [deg]F).
The capacitance is to be measured on a capacitance bridge having an
accuracy of 1% at 1 KHz frequency.
b. Set up the test system in accordance with Figure 1. The condenser
series resistance shall be such that the output voltage at 500
distributor rpm with the replacement condenser shall not be less than
90% of the output voltage (M-3) with the original equipment condenser.
c. The capacitor must be able to withstand a minimum test voltage of
500V DC for a minimum of 0.1 seconds without failure.
d. (1) Measure capacitance after 4 hours minimum soak at 70[deg]
(158 [deg]F).
(2) After one hour at room temperature, place capacitor at -18
[deg]C (0 [deg]F) for 4 hours minimum and measure capacitance.
(3) Place capacitor at room temperature for 4 hours minimum and
measure capacitance.
e. After thermal cycling, repeat 1.a. and b. The results must be
within 10 percent of the intital measurements.
2. Durability Procedure
a. Set up a bench ignition system using an applicable distributor or
an electro-mechanical equivalent.
b. Install the capacitor under test in the distributor adjusted to
applicable vehicle manufacturer's specifications. Use applicable coil,
primary resistor, breaker points, cap and rotor.
c. Connect the primary of the test system with a power supply
regulated at 14 0.5V DC for 12V system.
d. The secondary portion of the test system is to be connected to a
12 2KV spark gap.
e. An external heat source shall generate an ambient temperature of
70 [deg]C (158 [deg]F) for the distributor.
f. Drive the distributor at 1750 50 rpm for
200 hours. After each 50 hour interval, run the distributor for 5
minutes with one open circuit spark gap instead of a 12KV gap.
g. The replacement part must have the capability of performing
throughout the duration of the test without evidence of any failure
resulting in loss of spark in the 12KV spark gap.
h. After the 200 hours, the condenser shall be within 10 percent of
the capacitance and voltage measured in 1.a. and b. respectively.
G. Distributor Caps and/or Rotors
1. Test Procedures and Criteria
a. Set up test system in accordance with the circuit and equipment
per Figure 1 with OE distributor cap and/or rotor. Connect the primary
to a 14 .5V DC regulated power supply.
b. Record open circuit output voltage (M-3) at 300 and 500
distributor rpm and at intervals of 500 distributor rpm up to the
maximum speed of the intended application.
c. Insert the intended replacement part(s) in the system and repeat
step b. above under identical test conditions.
d. Subject the intended replacement part to the following thermal
sequence through five complete cycles:
1. 12 hours at -40 [deg]C (-40 [deg]F)
2. 2 hours at room temperature
3. 4 hours at 100 [deg]C (212 [deg]F)
4. 2 hours at room temperature.
e. Repeat step b. above with the replacement part(s).
f. The output voltages measured with the replacement part(s) in the
system must be at least 90% of the output voltage with the OE cap and/or
rotor.
2. Durability Procedures
a. Set up test system in accordance with circuit and equipment per
Figure 1.
b. Install the cap and/or rotor under test in distributor, lubricate
and adjust per applicable vehicle manufacturer's specifications. Use
equivalent coil, primary resistor, breaker points and capacitor.
c. Connect the primary of the test system with a power supply
regulated at 14 0.5 V D.C.
1. In breaker point operated systems, connect secondary to a 12
KV2 KV gap.
2. In electronic ignition systems, connect secondary to a gap
equivalent to at least 50% of peak open-circuit voltage.
d. An external heat source shall generate an ambient temperature of
70[deg] (158 [deg]F) for the distributor.
[[Page 100]]
e. Distributor shall be driven at 1750 50 rpm
for 200 hours. After each 50 hours interval, run the distributor for 5
minutes with one open-circuit spark gap instead of a 12KV gap.
f. The replacement part(s) must have the capability of performing
throughout the duration of the test without evidence of any failure
resulting in loss of spark at the spark gap.
g. Repeat step 1.c. above. The open circuit output voltage must be
at least 90% of that measured in step 1.c.
h. The replacement cap and/or rotor must be free of any visual
cracks, arcing or melting.
H. Spark Plugs
1. Test Procedures and Criteria
a. Heat rating: When comparatively rated in the SAE 17.6 Spark Plug
Rating engine according to the SAE J549A Recommended Practice, the
comparative average rating of at least five (5) replacement spark plugs
shall be within 15 percent of the average IMEP of at least five (5) OE
spark plugs.
b. Gap spacing: The electrode spark gap shall be equivalent or
adjustable to the recommended gap for the original equipment spark plug.
c. Gap location: The electrode gap position in the chamber shall be
the same as specified by the vehicle manufacturer.
d. Flashover: The spark plug terminal end, with the properly fitted
connecting boot, shall not flash-over at peak anticipated voltage for
the intended application when electrode gap is 15% larger than vehicle
manufacturer's gap specifications.
I. Inductive System Coils
1. Test Procedures and Criteria
a. Set up the circuit in accordance with Figure 1. Operate the
circuit by an applicable distributor or equivalent triggering device and
applicable primarly resistor with a 50 pf load at 14.0 0.50 volts DC input as applicable and stabilized at an
ambient temperature of 20 [deg]C 3 [deg]C (68
[deg]F 5 [deg]F).
b. With the original equipment coil installed, record the
predominant minimum peak voltage and rise time at 300 and 500
distributor rpm, and at 500 rpm intervals up to the maximum intended
operating speed. The measurement is to be taken after 4 minutes
operation at each speed.
c. Install the replacement coil to be tested and repeat step b.
above.
d. The replacement coil shall have an open-circuit output voltage
(M-3) at least 90% of the OE coil output voltage and a rise time not to
exceed 110% of original equipment coil at each distributor test speed.
2. Durability Procedure
a. Install the replacement ignition coil in the ignition system
using the applicable rotor, cap, capacitor, breaker points, and primary
resistor.
[GRAPHIC] [TIFF OMITTED] TC01MY92.110
b. Operate the circuit with a regulated power supply of 14.0 .5 volts DC connected to the primary at an ambient
temperature of 70 [deg]C (158 [deg]F) at 1750 50
distributor rpm for a duration of 200 hours. After each 50 hour
interval, run the distributor for 5 minutes with one open-circuit spark
gap instead of a 12KV gap.
c. The ignition coil shall perform throughout the test without any
evidence of coil failure which would result in the loss of the spark in
the 12 KV spark gap.
d. Repeat Step 1.c. above. The open-circuit output voltage must be
at least 90% of that measured in 1.c.
J. Primary Resistors
1. Test Procedures and Criteria.
a. Configure the circuit shown in Figure 2, using the original
equipment resistor.
b. At 20 3 [deg]C (68 5
[deg]F), apply voltage for 15 minutes; maintain current at 2.5 amps. At
conclusion of 15 minutes, read voltage and current. Calculate resistance
using the relationship
[[Page 101]]
R=E/I,
where:
R=Resistance in ohms,
E=Voltage (V) in volts,
I=Current (A) in amps.
c. Replace OE test sample with part to be certified and repeat step
b. above.
d. Resistance of the part shall be within 20%
of original equipment resistance.
2. Durability Procedure.
a. Using the circuit shown in Figure 1, apply current at 70 [deg]C
(150 [deg]F), for 200 hours.
b. After 200 hours retest as in step 1.c. above, and verify that
resistance is within 20% of the value as measured
in step 1.b. above.
K. Distributors--Breaker Point
1. Test Procedures and Criteria.
a. Using an appropriate test installation, operate the distributor
through its intended speed range.
b. The advance mechanism shall function within the tolerance of the
vehicle manufacturer's original specification over the speed range of
the intended application as to vacuum and centrifugal advance.
c. The advance mechanism shall repeatedly return to the zero setting
0.5 distributor degrees after advancing and
retarding through the operating range.
d. The distributor firing angle accuracy shall remain within the
originally specified tolerances throughout the speed range of the
intended application.
e. The distributor shall be capable of maintaining the dwell angle
of the original equipment specification with 2
degrees throughout the speed range of the intended application.
f. The distributor shall be capable of open-circuit output voltage
(M-3) equal to at leat 90 percent of the voltage produced by the
original equipment system over the speed range of the intended
application.
2. Durability Procedure.
a. At an ambient temperature of 70 [deg]C (150 [deg]F), operate the
distributor at 1750 50 rpm for 200 hours.
b. The distributor must meet the requirements of paragraph 1.b.
through f. after the 200 hours.
L. Reserved for Engine Valves
M. Reserved for Camshafts
N. Reserved for Pistons
O. Oxidizing Catalytic Converters
1. Test Procedures and Criteria.
(a) The fresh and aged conversion efficiencies of the replacement
oxidizing catalytic converter shall be equal to or exceed those of the
original equipment converter for CO and HC emissions. The fresh and aged
Light-off Time (LOT) of the replacement converter shall be equal to or
less than those of the original equipment converter for CO and HC
emissions. These parameters shall be determined for both fresh and aged
converters under the same conditions using the following steady state
feed gas concentrations and conditions for LOT and Conversion Efficiency
respectively:
------------------------------------------------------------------------
Conversion
LOT efficiency
------------------------------------------------------------------------
Exhaust mass flow rate.......... See note (2)...... See note (1).
Total hydrocarbons.............. See note (3)...... See note (3).
Carbon monoxide................. 1.0 to 2.5%....... 1.0 to 2.5%.
Hydrogen........................ 0.33x% CO maximum. 0.33x% CO maximum.
Oxygen.......................... 1.5x% CO minimum.. 1.5x% CO minimum.
Converter inlet gas temperature. 650 [deg]F to 850 650 [deg]F to 850
[deg]F. [deg]F.
------------------------------------------------------------------------
Note 1: Not less than peak air flow of the vehicle or engine
configuration being certified for. If more than one vehicle or engine
application is to be covered by a generic converter, the greatest peak
vehicle or engine air flow shall be used.
Note 2: Between 0.10 and 0.40 times the value determined in Note 1.
Note 3: 500-2000 parts per million by volume minimum based on
Methane calibration. If a non-engine simulator gas source is used, a
mixture ratio of 10% propane to 90% propylene by volume will constitute
an acceptable synthetic for total exhaust hydrocarbons.
(i) LOT tests shall be conducted by exposing the converter to a step
change in temperature, from ambient to that specified above: 650[deg]-
850 [deg]F. Converter inlet and outlet exhaust emissions as measured.
Light-off Time is then determined by recording the time required for the
converter to reduce the outlet emissions (HC and CO) to 50% of the inlet
emissions, on a volumetric concentration basis, measured from the step
temperature change.
(ii) Conversion efficiency measurements shall be obtained by passing
stabilized-feed gas through the converter (at conditions specified
above) and making simultaneous measurements of inlet and outlet emission
volume concentrations. The conversion efficiency for CO and HC is then
calculated.
(iii) The particular conditions for which LOT and conversion
efficiency are measured (i.e., exhaust mass flow rate, total
hydrocarbons, carbon monoxide, hydrogen, oxygen, and converter inlet
temperature) for the replacement converter and original equipment
converter tests must not vary from one another by more than 10%.
(b) Fresh and aged catalytic converters may be obtained by operating
the converter on individual vehicle or engine application
[[Page 102]]
for which it is intended on the Federal Test Procedure road durability
driving cycle. A fresh converter results when the converter has operated
between 2000 and 5000 miles or equivalent hours. An aged converter
results when the converter has been operated for the warranted life of
the original equipment converter.
(c) Where one generic converter is intended to cover multiple
vehicle or engine configurations, converter aging may be obtained per
Paragraph (b) above, on a vehicle or engine which represents the
greatest peak air flow of the group of vehicle configurations to be
covered, and whose calibration and feed gas concentrations are
representative of the vehicle or engine configurations being certified
for.
2. Other Considerations.
(a) Replacement converter must fit within the width and length space
envelope of the original equipment converter. Converter spacing from the
underbody and for ground clearance must be the same or greater than the
original equipment converter application.
(b) Pressure drop measured between inlet and outlet pipe
interconnecting points on the replacement converter shall be within
25% of similar measurements for the original
equipment converter being replaced, when measured at each of three flow
conditions 50 SCFM, 100 SCFM, and 150 SCFM with a suitable fluid medium
such as air. Maximum allowable exhaust gas leakage from the replacement
coverter shall be 0.4 cubic feet per minute measured at 4.0 pounds per
square inch differential. All measurements must be normalized to equal
density conditions.
(c) Converter skin temperature shall be measured during the
converter efficiency test. The skin temperature for the replacement
converter must equal or be less than that for the original equipment
converter.
P. Air Cleaner Filter Element
1. Test Procedures and Criteria.
(a) Using test equipment and procedures specified in SAE-J726c,
perform:
(i) Air Flow and Pressure Drop Test (2.3) at 200 SCFM, record test
conditions and pressure drop.
(ii) Efficiency Test (2.4) to measure full life efficiency at 200
SCFM to a total pressure drop of 9 inches of water, record test
conditions and test duration from first to last addition of standard
dust, weigh test element and absolute filter at end of test using three
randomly selected original equipment air filter elements.
(b) Perform tests as in (a) above, under conditions controlled to
within 10% of the corresponding original equipment
test conditions, for three randomly selected replacement air filter
elements.
(c) The replacement air filter element average recorded test
results. The pressure drop in (i) and absolute filter weight in (ii)
must be equal to or less than those average results for the original
equipment test results. The replacement air filter averaged test results
for element weight in (ii) must be equal to or larger than averaged
result for the original equipment averaged test results.
2. Durability Procedure.
(a) After use in the intended vehicle or engine application for the
recommended service interval, the replacement element shall evidence an
increase in pressure drop (as measured in 1 (a)(i) above) equal to or
less than that of the original equipment air filter element tested in
the identical manner.
[45 FR 78464, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]
Sec. Appendix II to Subpart V of Part 85--Arbitration Rules
Part A--Pre-Hearing
Section 1: Initiation of Arbitration
Either party may commence an arbitration under these rules by filing
at any regional office of the American Arbitration Association (the AAA)
three copies of a written submission to arbitrate under these rules,
signed by either party. It shall contain a statement of the matter in
dispute, the amount of money involved, the remedy sought, and the
hearing locale requested, together with the appropriate administrative
fee as provided in the Administrative Fee Schedule of the AAA in effect
at the time the arbitration is filed. The filing party shall notify the
MOD Director in writing within 14 days of when it files for arbitration
and provide the MOD Director with the date of receipt of the bill by the
part manufacturer.
Unless the AAA in its discretion determines otherwise and no party
disagrees, the Expedited Procedures (as described in Part E of these
Rules) shall be applied in any case where no disclosed claim or
counterclaim exceeds $32,500, exclusive of interest and arbitration
costs. Parties may also agree to the Expedited Procedures in cases
involving claims in excess of $32,500.
All other cases, including those involving claims not in excess of
$32,500 where either party so desires, shall be administered in
accordance with Parts A through D of these Rules.
Section 2: Qualification of Arbitrator
Any arbitrator appointed pursuant to these Rules shall be neutral,
subject to disqualification for the reasons specified in Section 6. If
the parties specifically so agree in writing, the arbitrator shall not
be subject to disqualification for said reasons.
[[Page 103]]
The term ``arbitrator'' in these rules refers to the arbitration
panel, whether composed of one or more arbitrators.
Section 3: Direct Appointment by Mutual Agreement of Parties
The involved manufacturers should select a mutually-agreeable
arbitrator through which they will resolve their dispute. This step
should be completed within 90 days from the date of receipt of the
warranty claim bill by the part manufacturer.
Section 4: Appointment From Panel
If the parties have not appointed an arbitrator and have not
provided any other method of appointment, the arbitrator shall be
appointed in the following manner: 90 days from the date of receipt of
the warranty claim bill by the part manufacturer, the AAA shall submit
simultaneously to each party to the dispute an identical list of names
of persons chosen from the National Panel of Commercial Arbitrators,
established and maintained by the AAA.
Each party to the dispute shall have ten days from the mailing date
in which to cross off any names objected to, number the remaining names
in order of preference, and return the list to the AAA. If a party does
not return the list within the time specified, all persons named therein
shall be deemed acceptable. From among the persons who have been
approved on both lists, and in accordance with the designated order of
mutual preference, the AAA shall invite the acceptance of an arbitrator
to serve. If the parties fail to agree on any of the persons named, or
if acceptable arbitrators are unable to act, or if for any other reason
the appointment cannot be made from the submitted lists, the AAA shall
have the power to make the appointment from among other members of the
panel without the submission of additional lists.
Section 5: Number of Arbitrators; Notice to Arbitrator of Appointment
The dispute shall be heard and determined by one arbitrator, unless
the AAA in its discretion, directs that a greater number of arbitrators
be appointed.
Notice of the appointment of the arbitrator shall be mailed to the
arbitrator by the AAA, together with a copy of these rules, and the
signed acceptance of the arbitrator shall be filed with the AAA prior to
the opening of the first hearing.
Section 6: Disclosure and Challenge Procedure
Any person appointed as an arbitrator shall disclose to the AAA any
circumstance likely to affect impartiality, including any bias or any
financial or personal interest in the result of the arbitration or any
past or present relationship with the parties or their representatives.
Upon receipt of such information from the arbitrator or another source,
the AAA shall communicate the information to the parties and, if it
deems it appropriate to do so, to the arbitrator and others. Upon
objection of a party to the continued service of an arbitrator, the AAA
shall determine whether the arbitrator should be disqualified and shall
inform the parties of its decision, which shall be conclusive.
Section 7: Vacancies
If for any reason an arbitrator should be unable to perform the
duties of the office, the AAA may, on proof satisfactory to it, declare
the office vacant. Vacancies shall be filled in accordance with the
applicable provisions of these rules.
In the event of a vacancy in a panel of arbitrators after the
hearings have commenced, the remaining arbitrator or arbitrators may
continue with the hearing and determination of the controversy, unless
the parties agree otherwise.
Section 8: Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules insofar as they
relate to the arbitrator's powers and duties. When there is more than
one arbitrator and a difference arises among them concerning the meaning
or application of these rules, it shall be decided by a majority vote.
If that is unobtainable, either an arbitrator or a party may refer the
question to the AAA for final decision. All other rules shall be
interpreted and applied by the AAA.
Section 9: Administrative Conference and Preliminary Hearing
At the request of any party or at the discretion of the AAA, an
administrative conference with the AAA and the parties and/or their
representatives will be scheduled in appropriate cases to expedite the
arbitration proceedings.
In large or complex cases, at the request of any party or at the
discretion of the arbitrator or the AAA, a preliminary hearing with the
parties and/or their representatives and the arbitrator may be scheduled
by the arbitrator to specify the issues to be resolved, stipulate to
uncontested facts, and to consider any other matters that will expedite
the arbitration proceedings. Consistent with the expedited nature of
arbitration, the arbitrator may, at the preliminary hearing, establish
(i) the extent of and the schedule for the production of relevant
documents and other information, (ii) the identification of any
witnesses to be called, and (iii) a schedule for further hearings to
resolve the dispute.
[[Page 104]]
Section 10: Fixing of Locale
The parties may mutually agree on the locale where the arbitration
is to be held. If any party requests that the hearing be held in a
specific locale and the other party files no objection thereto within
ten days after notice of the request has been mailed to it by the AAA,
the locale shall be the one requested. If a party objects to the locale
requested by the other party, the AAA shall have the power to determine
the locale and its decision shall be final and binding.
Part B--The Hearing
Section 1: Date, Time, and Place of Hearing
The arbitrator shall set the date, time, and place for each hearing.
The AAA shall mail to each party notice thereof at least ten days in
advance, unless the parties by mutual agreement waive such notice or
modify the terms thereof.
Section 2: Representation
Any party may be represented by counsel or other authorized
representative. A party intending to be so represented shall notify the
other party and the AAA of the name and address of the representative at
least three days prior to the date set for the hearing at which that
person is first to appear. When such a representative initiates an
arbitration or responds for a party, notice is deemed to have been
given.
Section 3: Attendance at Hearings
The arbitrator shall maintain the privacy of the hearings unless the
law provides to the contrary. Representatives of the MOD director, and
any persons having a direct interest in the arbitration are entitled to
attend hearings. The arbitrator shall otherwise have the power to
require the exclusion of any witness, other than a party or other
essential person, during the testimony of any other witness. It shall be
discretionary with the arbitrator to determine the propriety of the
attendance of any other person.
Section 4: Oaths
Before proceeding with the first hearing, each arbitrator may take
an oath of office and, if required by law, shall do so. The arbitrator
may require witnesses to testify under oath administered by any duly
qualified person and, if it is required by law or requested by any
party, shall do so.
Section 5: Majority Decision
All decisions of the arbitrators must be by a majority. The award
must also be made by a majority.
Section 6: Order of Proceedings and Communication with Arbitrator
A hearing shall be opened by the filing of the oath of the
arbitrator, where required; by the recording of the date, time, and
place of the hearing, and the presence of the arbitrator, the parties
and their representatives, if any; and by the receipt by the arbitrator
of the statement of the claim and the answering statement, if any.
The arbitrator may, at the beginning of the hearing, ask for
statements clarifying the issues involved. In some cases, part or all of
the above will have been accomplished at the preliminary hearing
conducted by the arbitrator pursuant to Part A Section 9 of these Rules.
The complaining party shall then present evidence to support its
claim. The defending party shall then present evidence supporting its
defense. Witnesses for each party shall submit to questions or other
examination. The arbitrator has the discretion to vary this procedure
but shall afford a full and equal opportunity to all parties for the
presentation of any material and relevant evidence.
Exhibits, when offered by either party, may be received in evidence
by the arbitrator.
The names and addresses of all witnesses and a description of the
exhibits in the order received shall be made a part of the record.
There shall be no direct communication between the parties and an
arbitrator other than at oral hearing, unless the parties and the
arbitrator agree otherwise. Any other oral or written communication from
the parties to the neutral arbitrator shall be directed to the AAA for
transmittal to the arbitrator.
Section 7: Evidence
The parties may offer such evidence as is relevant and material to
the dispute and shall produce such evidence as the arbitrator may deem
necessary to an understanding and determination of the dispute. An
arbitrator or other person authorized by law to subpoena witnesses or
documents may do so upon the request of any party or independently.
The arbitrator shall be the judge of the relevance and materiality
of the evidence offered, and conformity to legal rules of evidence shall
not be necessary. All evidence shall be taken in the presence of all of
the arbitrators and all of the parties, except where any of the parties
is absent, in default, or has waived the right to be present.
Section 8: Evidence by Affidavit and Post-hearing Filing of Documents or
Other Evidence
The arbitrator may receive and consider the evidence of witnesses by
affidavit, but
[[Page 105]]
shall give it only such weight as the arbitrator deems it entitled to
after consideration of any objection made to its admission.
If the parties agree or the arbitrator directs that documents or
other evidence be submitted to the arbitrator after the hearing, the
documents or other evidence shall be filed with the AAA for transmission
to the arbitrator. All parties shall be afforded an opportunity to
examine such documents or other evidence.
Section 9: Closing of Hearing
The arbitrator shall specifically inquire of all parties whether
they have any further proofs to offer or witnesses to be heard. Upon
receiving negative replies or if satisfied that the record is complete,
the arbitrator shall declare the hearing closed and a minute thereof
shall be recorded. If briefs are to be filed, the hearing shall be
declared closed as of the final date set by the arbitrator for the
receipt of briefs. If documents are to be filed as provided for in Part
B Section 9 and the date set for their receipt is later than that set
for the receipt of briefs, the later date shall be the date of closing
the hearing. The time limit within which the arbitrator is required to
make the award shall commence to run, in the absence of other agreements
by the parties, upon the closing of the hearing.
Section 10: Reopening of Hearing
The hearing may be reopened on the arbitrator's initiative, or upon
application of a party, at any time before the award is made. The
arbitrator may reopen the hearing and shall have 30 days from the
closing of the reopened hearing within which to make an award.
Section 11: Waiver of Oral Hearing
The parties may provide, by written agreement, for the waiver of
oral hearings.
Section 12: Waiver of Rules
Any party who proceeds with the arbitration after knowledge that any
provision or requirement of these rules has not been complied with and
who fails to state an objection thereto in writing, shall be deemed to
have waived the right to object.
Section 13: Extensions of Time
The parties may modify any period of time by mutual agreement. The
AAA or the arbitrator may for good cause extend any period of time
established by these rules, except the time for making the award. The
AAA shall notify the parties of any extension.
Section 14: Serving of Notice
Each party shall be deemed to have consented that any papers,
notices, or process necessary or proper for the initiation or
continuation of an arbitration under these rules; for any court action
in connection therewith; or for the entry of judgment on any award made
under these rules may be served on a party by mail addressed to the
party or its representative at the last known address or by personal
service, inside or outside the state where the arbitration is to be
held, provided that reasonable opportunity to be heard with regard
thereto has been granted to the party.
The AAA and the parties may also use facsimile transmission, telex,
telegram, or other written forms of electronic communication to give the
notices required by these rules.
Part C--Award and Decision
Section 1: Time of Award
The award shall be made promptly by the arbitrator and, unless
otherwise agreed by the parties or specified by law, no later than 30
days from the date of closing the hearing, or, if oral hearings have
been waived, from the date of the AAA's transmittal of the final
statements and proofs to the arbitrator.
Section 2: Form of Award
The award shall be in writing and shall be signed by the arbitrator,
or if a panel is utilized, a majority of the arbitrators. It shall be
accompanied by a written decision which sets forth the reasons for the
award. Both the award and the decision shall be filed by the arbitrator
with the MOD Director.
Section 3: Scope of Award
The arbitrator may grant to the vehicle manufacturer any repair
expenses that he or she deems to be just and equitable.
Section 4: Award upon Settlement
If the parties settle their dispute during the course of the
arbitration, the arbitrator may set forth the terms of the agreed
settlement in an award. Such an award is referred to as a consent award.
The consent award shall be filed by the arbitrator with the MOD
Director.
Section 5: Delivery of Award to Parties
Parties shall accept as legal delivery of the award, the placing of
the award, or a true copy thereof in the mail addressed to a party or
its representative at the last known address, personal service of the
award, or the filing of the award in any other manner that is permitted
by law.
Section 6: Release of Documents for Judicial Proceedings
The AAA shall, upon the written request of a party, furnish to the
party, at its expense, certified copies of any papers in the AAA's
[[Page 106]]
possession that may be required in judicial proceedings relating to the
arbitration.
Part D--Fees and Expenses
Section 1: Administrative Fee
The AAA shall be compensated for the cost of providing
administrative services according to the AAA Administrative Fee Schedule
and the AAA Refund Schedule. The Schedules in effect at the time the
demand for arbitration or submission agreement is received shall be
applicable.
The administrative fee shall be advanced by the initiating party or
parties, subject to final allocation at the end of the case.
When a claim or counterclaim is withdrawn or settled, the refund
shall be made in accordance with the Refund Schedule. The AAA may, in
the event of extreme hardship on the part of any party, defer or reduce
the administrative fee.
Section 2: Expenses
The loser of the arbitration is liable for all arbitration expenses
unless determined otherwise by the arbitrator.
Section 3: Arbitrator's Fee
An arrangement for the compensation of an arbitrator shall be made
through discussions by the parties with the AAA and not directly between
the parties and the arbitrator. The terms of compensation of arbitrators
on a panel shall be identical.
Section 4: Deposits
The AAA may require the parties to deposit in advance of any
hearings such sums of money as it deems necessary to defray the expense
of the arbitration, including the arbitrator's fee, if any, and shall
render an accounting to the parties and return any unexpended balance at
the conclusion of the case.
Part E--Expedited Procedures
Section 1: Notice by Telephone
The parties shall accept all notices from the AAA by telephone. Such
notices by the AAA shall subsequently be confirmed in writing to the
parties. Should there be a failure to confirm in writing any notice
hereunder, the proceeding shall nonetheless be valid if notice has, in
fact, been given by telephone.
Section 2: Appointment and Qualifications of Arbitrator
The AAA shall submit simultaneously to each party an identical list
of five proposed arbitrators drawn from the National Panel of Commercial
Arbitrators, from which one arbitrator shall be appointed.
Each party may strike two names from the list on a preemptory basis.
The list is returnable to the AAA within seven days from the date of the
AAA's mailing of the list to the parties.
If for any reason the appointment of an arbitrator cannot be made
from the list, the AAA may make the appointment from among other members
of the panel without the submission of additional lists.
The parties will be given notice by the AAA by telephone of the
appointment of the arbitrator, who shall be subject to disqualification
for the reasons specified in Part A, Section 6. The parties shall notify
the AAA, by telephone, within seven days of any objection to the
arbitrator appointed. Any objection by a party to the arbitrator shall
be confirmed in writing to the AAA with a copy to the other party or
parties.
Section 3: Date, Time, and Place of Hearing
The arbitrator shall set the date, time, and place of the hearing.
The AAA will notify the parties by telephone, at least seven days in
advance of the hearing date. Formal Notice of Hearing will be sent by
the AAA to the parties and the MOD Director.
Section 4: The Hearing
Generally, the hearing shall be completed within one day, unless the
dispute is resolved by the submission of documents. The arbitrator, for
good cause shown, may schedule an additional hearing to be held within
seven days.
Section 5: Time of Award
Unless otherwise agreed by the parties, the award shall be rendered
not later than 14 days from the date of the closing of the hearing.
Section 6: Applicability of Rules
Unless explicitly contradicted by the provisions of this part,
provisions of other parts of the Rules apply to proceedings conducted
under this part.
[54 FR 32593, Aug. 8, 1989, as amended at 70 FR 40432, July 13, 2005]
Subpart W_Emission Control System Performance Warranty Short Tests
Authority: Secs. 207, 301(a), Clean Air Act as amended (42 U.S.C.
7541(b) and 7601(a)).
Sec. 85.2201 Applicability.
(a) This subpart contains the short tests and standards to be
employed in conjunction with the Emissions Performance Warranty, subpart
V.
(b) Calendar and model year limitations. Certain test procedures
contained
[[Page 107]]
in this subpart are subject to calendar and model year limitations.
Otherwise, unless specifically indicated, the provisions of this subpart
may be used to establish warranty eligibility for any 1981 and later
model year light-duty vehicle and light-duty truck when tested during
its useful life as prescribed under the Emissions Performance Warranty,
in subpart V of this part.
(c) Special recommendations for Ford Motor Company and Honda Prelude
vehicles. Due to unique emission control systems, 1981 through 1987
model year vehicles manufactured by Ford Motor Company and 1984 through
1985 model year Honda Preludes must be tested with procedures that
either incorporate a special engine restart feature or utilize a
dynamometer to simulate a road load. The Agency has included short tests
with the special engine restart feature in this subpart even though
these vehicles are no longer eligible for the Emissions Performance
Warranty, to ensure they are properly tested by state or other I/M
authorities. Short tests incorporating the restart feature are the
Engine restart 2500 rpm/Idle test--EPA 81 (Sec. 85.2210), Engine
restart idle test--EPA 81 (Sec. 85.2211), Idle test--EPA 91 (Sec.
85.2213), Two speed idle test--EPA 91 (Sec. 85.2215), Preconditioned
idle test--EPA 91 (Sec. 85.2218), Idle test with loaded
preconditioning--EPA 91 (Sec. 85.2219), and Preconditioned two speed
idle test--EPA 91 (Sec. 85.2220). Short tests utilizing a dynamometer
are the Loaded test--EPA 81 (Sec. 85.2216) and Loaded test--EPA 91
(Sec. 85.2217). This recommendation does not apply to tests conducted
at altitudes above 4000 feet. Any of the short test procedures may be
used for other vehicles which are similarly no longer eligible for
performance warranty coverage.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58400, Nov. 1, 1993]
Sec. 85.2202 General provisions.
The definitions and abbreviations in subpart A of part 86 of this
chapter apply to this subpart.
[49 FR 24323, June 12, 1984]
Sec. 85.2203 Short test standards for 1981 and later model year
light-duty vehicles.
(a) For light-duty vehicles for which the test procedures described
in Sec. 85.2209, Sec. 85.2210, Sec. 85.2211, Sec. 85.2212, Sec.
85.2214, or Sec. 85.2216 are used to establish Emissions Performance
Warranty eligibility (that is, 1981 and later model year light-duty
vehicles at low altitude and 1982 and later model year vehicles at high
altitude to which high altitude certification standards of 1.5 g/mile HC
and 15 g/mile CO or less apply), short test emissions for all tests and
test modes may not exceed the standards listed in paragraphs (a)(1) and
(2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(b) For light-duty vehicles for which the test procedure described
in Sec. 85.2214 is used to establish Emissions Performance Warranty
eligibility (that is, 1981 and later model year light-duty vehicles at
low altitude and 1982 and later model year vehicles at high altitude to
which high altitude certification standards of 1.5 g/mile HC and 15 g/
mile CO or less apply), the lowest readings from the two idle modes must
be used to determine compliance. Short test emissions may not exceed the
standards listed in paragraphs (b)(1) and (2) of this section.
(1) Hydrocarbons: 200 ppm as hexane.
(2) Carbon monoxide: 1.0%.
(c) For gasoline-fueled light-duty vehicles for which any of the
test procedures described in Sec. 85.2213, Sec. 85.2215, Sec.
85.2217, Sec. 85.2218, Sec. 85.2219, or Sec. 85.2220 are utilized to
establish Emissions Performance Warranty eligibility (that is, 1981 and
later model year light-duty vehicles at low altitude and 1982 and later
model year vehicles at high altitude to which high altitude
certification standards of 1.5 g/mile HC and 15 g/mile CO or less
apply), short test emissions for all tests and test modes may not exceed
the standards listed in paragraphs (c)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
[58 FR 58401, Nov. 1, 1993]
[[Page 108]]
Sec. 85.2204 Short test standards for 1981 and later model year
light-duty trucks.
(a) For light-duty trucks for which the test procedures described in
Sec. 85.2209, Sec. 85.2210, Sec. 85.2211, Sec. 85.2212, Sec.
85.2214, or Sec. 85.2216 are used to establish Emissions Performance
Warranty eligibility (that is, 1981 and later model year light-duty
trucks at low altitude and 1982 and later model year trucks at high
altitude to which high altitude certification standards of 2.0 g/mile HC
and 26 g/mile CO or less apply), short test emissions may not exceed the
standards listed in paragraphs (a)(1) and (2) of this section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
(b) For light-duty trucks for which the test procedure described in
Sec. 85.2214 is used to establish Emissions Performance Warranty
eligibility (that is, 1981 and later model year light-duty trucks at low
altitude and 1982 and later model year trucks at high altitude to which
high altitude certification standards of 2.0 g/mile HC and 26 g/mile CO
or less apply), the lowest readings from the two idle modes must be used
to determine compliance. Short test emissions may not exceed the
standards listed in paragraphs (b)(1) and (2) of this section.
(1) Hydrocarbons: 200 ppm as hexane.
(2) Carbon monoxide: 1.0%.
(c) For 1981 and later model year gasoline-fueled light-duty trucks
for which any of the test procedures described in Sec. 85.2213, Sec.
85.2215, Sec. 85.2217, Sec. 85.2218, Sec. 85.2219, or Sec. 85.2220
are utilized to establish Emissions Performance Warranty eligibility
(that is, 1981 and later model year light-duty trucks at low altitude
and 1982 and later model year trucks at high altitude to which high
altitude certification standards of 2.0 g/mile HC and 26 g/mile CO or
less apply), short test emissions for all tests and test modes may not
exceed the standards listed in paragraphs (c)(1) and (2) of this
section.
(1) Hydrocarbons: 220 ppm as hexane.
(2) Carbon monoxide: 1.2%.
[58 FR 58401, Nov. 1, 1993]
Sec. Sec. 85.2205-85.2206 [Reserved]
Sec. 85.2207 On-board diagnostics test standards.
(a) [Reserved]
(b) A vehicle shall fail the on-board diagnostics test if it is a
1996 or newer vehicle and the vehicle connector is missing, has been
tampered with, or is otherwise inoperable.
(c) A vehicle shall fail the on-board diagnostics test if the
malfunction indicator light is commanded to be illuminated and it is not
visually illuminated according to visual inspection.
(d) A vehicle shall fail the on-board diagnostics test if the
malfunction indicator light is commanded to be illuminated for one or
more OBD diagnostic trouble codes (DTCs), as defined by SAE J2012. The
procedure shall be done in accordance with SAE J2012 Diagnostic Trouble
Code Definitions, (MAR92). This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies of SAE J2012 may be obtained from the
Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No.
A-94-21 at EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside
Mall, 401 M Street SW, Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(e) [Reserved]
[61 FR 40946, Aug. 6, 1996, as amended at 63 FR 24433, May 4, 1998; 66
FR 18178, Apr. 5, 2001]
Sec. 85.2208 Alternative standards and procedures.
(a)(1) As a part of the certification process, as set forth in 40
CFR part 86, subparts A and S, a manufacturer may request an alternative
short test standard or short test procedure for any vehicle or engine
for which the standards or procedures specified in this subpart are not
appropriate. The requestor shall supply relevant test data and
[[Page 109]]
technical support to substantiate the claim and shall also recommend
alternative test procedures and/or standards for the Administrator's
consideration. Upon an acceptable showing that the general standards or
procedures are not appropriate, the Administrator shall set alternative
standards or procedures through rulemaking. The administrative
provisions of the certification process (see 40 CFR part 86, subparts A
and S), apply to such a request for alternative standards or procedures.
(2) Any such alternative standards or test procedures must be
specified on the emission control information label to be effective for
that particular vehicle or engine. The Administrator may waive this
requirement if it is determined that a given model year of production
for which an alternative test procedure is promulgated is too far
advanced at the time of promulgation to make such a requirement
practical.
(3) Alternative test procedures may be approved if the Administrator
finds that:
(i) Such procedures are in accordance with good engineering
practice, including errors of commission (at cutpoints corresponding to
equivalent emission reductions) no higher than the tests they would
replace;
(ii) Such procedures show a correlation with the Federal Test
Procedure (with respect to their ability to detect high emitting
vehicles and ensure their effective repair) equal to or better than the
tests they would replace; and
(iii) Such procedures would produce equivalent emission reductions
in combination with other program elements.
(b) A State or other I/M authority conducting or supervising tests
under this subpart may request to use quality control procedures which
are different than those in Sec. 85.2217. After an appropriate
opportunity for public comment, the Administrator may approve the
requested procedures provided the requested procedures are equivalent to
those in Sec. 85.2217. The requestor shall supply relevant test data
and technical support to substantiate the claim that the procedures are
equivalent to the specifications described in Sec. 85.2217. Following a
preliminary determination by the Administrator that an alternative
procedure is equvalent, a Federal Register notice will be published
announcing the request and explaining EPA's preliminary determination.
All information relevant to the preliminary determination will be made
available for comment in the public docket. Interested parties will be
given 30 days to submit comments, and if EPA concludes that the
preliminary determination was not in error, a final Federal Register
notice will be published granting the State permission to use the
alternative procedure.
(c)(1) A state or other I/M authority conducting or supervising
tests under this subpart may request to use alternative short test
standards or procedures. The requester must supply relevant test data
and technical support to substantiate the claim and must also recommend
alternative standards or test procedures for the Administrator's
consideration. If the Administrator determines that the alternative
standards or procedures satisfy the provisions of the Clean Air Act, 42
U.S.C. 7541 paragraphs (b)(i), (b)(ii), and (b)(iii) of this section,
the Administrator will set alternative standards or procedures through
rulemaking.
(2) Alternative test procedures may be approved if the Administrator
finds that:
(i) Such procedures are in accordance with good engineering
practice, including errors of commission (at cutpoints corresponding to
equivalent emission reductions) no higher than the tests they would
replace;
(ii) Such procedures show a correlation with the Federal Test
Procedure (with respect to their ability to detect high emitting
vehicles and ensure their effective repair) equal to or better than the
tests they would replace; and
(iii) Such procedures would produce equivalent emission reductions
in combination with other program elements.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58401, Nov. 1, 1993; 64
FR 23920, May 4, 1999]
Sec. 85.2209 2500 rpm/idle test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish
[[Page 110]]
Emissions Performance Warranty eligibility through December 31, 1993,
except as allowed in paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through June 30,
1994.
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off.
(c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized
operating condition and adjusted as required in Sec. 85.2217.
(2) Attach tachometer pick up.
(3) With engine idling and transmission in neutral, the sample probe
shall be inserted into the tailpipe.
(4) The engine speed shall be increased to 2500 300 rpm, with transmission in neutral. Record exhaust
concentrations after stabilized readings are obtained or at the end of
30 seconds, whichever occurs first. This process shall be repeated as
necessary for multiple exhaust pipes, or hardware which is capable of
simultaneously sampling multiple tailpipes may be used. However, if this
hardware is not used, exhaust concentrations from each pipe shall be
measured within the 30 second period if stable readings can be obtained
from both pipes before the 30 seconds have elapsed. If this is not
possible, the procedures shall be conducted through step (5) for the
first pipe and then the entire procedure beginning from step (3) shall
be repeated for the second pipe. Neither multiple readings nor
simultaneous sampling hardware is necessary for exhaust systems in which
the exhaust pipes originate from a common point.
(5) The engine speed shall be reduced to free idle with transmission
in neutral. Record exhaust concentrations after stabilized readings are
obtained or at the end of 30 seconds, whichever occurs first. Repeat as
specified in paragraph (b)(4) of this section for multiple exhaust
pipes, unless hardware capable of simultaneous sampling of multiple
exhaust pipes is used.
(6) For vehicles with multiple exhaust pipes, the separate results
from each pipe for each mode (as specified in paragraphs (c)(4) and (5)
of this section) must be numerically averaged for each pollutant, unless
hardware which is capable of simultaneously sampling multiple exhaust
pipes has been used.
(7) Exhaust concentration measurements from both the idle mode and
the high speed mode are required.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]
Sec. 85.2210 Engine restart 2500 rpm/idle test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish
[[Page 111]]
Emissions Performance Warranty eligibility through December 31, 1993,
except as allowed in paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through June 30,
1994.
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off.
(c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized
operating condition and adjusted as required in Sec. 85.2217.
(2) Attach tachometer pick up.
(3) The engine shall be turned off and then restarted.
(4) With engine idling and transmission in neutral, the sample probe
shall be inserted into the tailpipe.
(5) The engine speed shall be increased to 2500 300 rpm, with the transmission in neutral. Record
exhaust concentrations after stabilized readings are obtained or at the
end of 30 seconds, whichever occurs first. This process shall be
repeated as necessary for multiple exhaust pipes, or hardware which is
capable of simultaneously sampling vehicles with multiple tailpipes may
be used. However, if this hardware is not used, exhaust concentrations
from each pipe shall be measured within the 30 second period if stable
readings can be obtained from both pipes before the 30 seconds have
elapsed. If this is not possible, the procedure shall be conducted
through step (6) for the first pipe and then the entire procedure
beginning from step (3) shall be repeated for the second pipe. Neither
multiple readings nor simultaneous sampling hardware is necessary for
exhaust pipes originating from a common point.
(6) The engine speed shall be reduced to free idle with transmission
in neutral. Record exhaust concentrations after stabilized readings are
obtained or at the end of 30 seconds, whichever occurs first. This
process shall be repeated as necessary for multiple exhaust pipes, or
hardware which is capable of simultaneously sampling vehicles with
multiple tailpipes may be used. However, if this hardware is not used,
exhaust concentrations from both pipes shall be measured in this step
(6) within the 30 second period if stable readings can be obtained
before the 30 seconds have elasped. If this is not possible, the entire
procedure beginning from step (3) shall be repeated for the second pipe.
For vehicles with multiple exhaust pipes only one of which was measured
in step (5) before the 30 seconds at 2500 300 rmp
had elapsed, the entire procedure beginning from step (3) shall be
repeated for the second pipe after this step (6) is completed for the
first pipe. Neither multiple readings nor simultaneous sampling hardware
is necessary for exhaust pipes originating from a common point.
[[Page 112]]
(7) For vehicles with multiple exhaust pipes, the separate results
from each pipe for each mode (as specified in paragraphs (c) (5) and (6)
of this section) must be numerically averaged for each pollutant, unless
hardware which is capable of simultaneously sampling multiple exhaust
pipes has been used.
(8) Exhaust concentration measurements from both the idle mode and
the high speed mode are required.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]
Sec. 85.2211 Engine restart idle test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish Emissions Performance
Warranty eligibility through December 31, 1993, except as allowed in
paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through June 30,
1994.
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off.
(c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized
operation condition and adjusted as required in Sec. 85.2217.
(2) Attach tachometer pick up.
(3) The engine shall be turned off and then restarted.
(4) With engine idling and transmission in neutral, the sample probe
shall be inserted into the tailpipe.
(5) The engine speed shall be increased to 2500 rpm 300 rpm, with transmission in neutral, for 30 seconds.
(6) The engine speed shall be reduced to free idle with transmission
in neutral. Record exhaust concentrations after stabilized readings are
obtained or at the end of 30 seconds, whichever occurs first. This
process shall be repeated as necessary for multiple exhaust pipes, or
hardware which is capable of simultaneously sampling vehicles with
multiple tailpipes may be used. However, if this type of hardware is not
used, exhaust concentrations from each pipe shall be measured within the
30 second period if stable readings can be obtained from both pipes
before the 30 seconds have elapsed. If this is not possible, the entire
procedure beginning from step (3) shall be repeated for the second pipe.
Neither multiple readings nor simultaneous sampling hardware is
necessary for exhaust systems in which the exhaust pipes originate from
a common point.
(7) Multiple readings from multiple exhaust pipes shall be
numerically averaged, if taken.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]
Sec. 85.2212 Idle test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish
[[Page 113]]
Emissions Performance Warranty eligibility through December 31, 1993,
except as allowed in paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through June 30,
1994.
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off.
(c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized
operating condition and adjusted as required in Sec. 85.2217.
(2) Optional: The engine may be preconditioned by operating it at
2500 300 rpm for up to 30 seconds.
(3) With engine idling and transmission in neutral, the sample probe
shall be inserted into the tailpipe. Record exhaust concentrations after
stabilized readings are obtained or at the end of 30 seconds, whichever
occurs first. This process shall be repeated as necessary for multiple
exhaust pipes, or hardware which is capable of simultaneously sampling
vehicles with multiple tailpipes may be used. Neither multiple readings
nor simultaneous sampling hardware is necessary for exhaust systems in
which the exhaust pipes originate from a common point.
(4) Multiple readings from multiple exhaust pipes shall be
numerically averaged, if taken.
[49 FR 24323, June 12, 1984, as amended at 58 FR 58403, Nov. 1, 1993]
Sec. 85.2213 Idle test--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations must begin ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a minimum rate of once every 0.75 second. The measured value for
pass/fail determinations is a simple running average of the measurements
taken over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous measured values
for HC and CO are below or equal to the applicable short test standards.
A vehicle fails the test mode if the values for either HC or CO, or
both, in all simultaneous pairs of values are above the applicable
standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO2 falls below six percent or the vehicle's engine
stalls at any time during the test sequence.
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines
[[Page 114]]
equipped with multiple exhaust pipes must be sampled simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a first-chance
test and a second-chance test as described in paragraphs (b)(1) (i) and
(ii) of this section.
(i) The first-chance test, as described under paragraph (c) of this
section, consists of an idle mode.
(ii) The second-chance test as described under paragraph (d) of this
section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements listed in
paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the
transmission in neutral or park and all accessories turned off. The
engine must be at normal operating temperature (as indicated by a
temperature gauge, temperature lamp, touch test on the radiator hose, or
other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be
attached to the vehicle in accordance with the analyzer manufacturer's
instructions. For 1996 and newer model year vehicles the OBD data link
connector will be used to monitor RPM. In the event that an OBD data
link connector is not available or that an RPM signal is not available
over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO2 must be
greater than or equal to six percent.
(c) First-chance test. The test timer starts (tt=0) when the
conditions specified in paragraph (b)(2) of this section are met. The
overall maximum test time for the first-chance test is 145 seconds
(tt=145). The first-chance test consists of an idle mode only.
(1) The mode timer starts (mt=0) when the vehicle engine speed is
between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls
below 350 rpm, the mode timer resets to zero and resumes timing. The
minimum mode length is determined as described under paragraph (c)(2) of
this section. The maximum mode length is 90 seconds elapsed time
(mt=90).
(2) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (c)(2) (i)
through (v) of this section.
(i) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(ii) The vehicle passes the idle mode and the test terminates at the
end of an elapsed time of 30 seconds (mt=30), if prior to that time the
criteria of paragraph (c)(2)(i) of this section are not satisfied and
the measured values are less than or equal to the applicable short test
standards as determined by the procedure described in paragraph (a)(2)
of this section.
(iii) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), the measured values are less than or
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (c)(2) (i), (ii), and (iii) of this
section is satisfied by an elapsed time of 90 seconds (mt=90).
Alternatively, the vehicle may be failed if the provisions of paragraphs
(c)(2) (i) and (ii) of this section are not met within an elapsed time
of 30 seconds.
(v) Optional. The vehicle may fail the first-chance test and the
second-chance test may be omitted if no exhaust gas concentration lower
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
(d) Second-chance test. If the vehicle fails the first-chance test,
the test
[[Page 115]]
timer resets to zero (tt=0) and a second-chance test is performed. The
overall maximum test time for the second-chance test is 425 seconds
(tt=425). The test consists of a preconditioning mode followed
immediately by an idle mode.
(1) Preconditioning mode. The mode timer starts (mt=0) when the
engine speed is between 2200 and 2800 rpm. The mode continues for an
elapsed time of 180 seconds (mt=180). If engine speed falls below 2200
rpm or exceeds 2800 rpm for more than five seconds in any one excursion,
or 15 seconds over all excursions, the mode timer resets to zero and
resumes timing.
(2) Idle mode--(i) Ford Motor Company and Honda vehicles. The
engines of 1981-1987 model year Ford Motor Company vehicles and 1984-
1985 model year Honda Preludes must be shut off for not more than ten
seconds and restarted. This procedure may also be used for 1988-1989
model year Ford Motor Company vehicles but may not be used for other
vehicles. The probe may be removed from the tailpipe or the sample pump
turned off if necessary to reduce analyzer fouling during the restart
procedure.
(ii) The mode timer starts (mt=0) when the vehicle engine speed is
between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls
below 350 rpm, the mode timer resets to zero and resumes timing. The
minimum idle mode length is determined as described in paragraph
(d)(2)(iii) of this section. The maximum idle mode length is 90 seconds
elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the idle mode is terminated in accordance with paragraphs
(d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30), if prior to that time
the criteria of paragraph (d)(2)(iii)(A) of this section are not
satisfied and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standards described in paragraph (a)(2) of
this section.
(D) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of
this section is satisfied by an elapsed time of 90 seconds (mt=90).
[58 FR 58403, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]
Sec. 85.2214 Two speed idle test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish Emissions Performance
Warranty eligibility through December 31, 1993, except as allowed in
paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through June 30,
1994.
[[Page 116]]
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off.
(c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized
operating condition and adjusted as required in Sec. 85.2217.
(2) Attach tachometer pick up.
(3) With engine idling and transmission in neutral, the sample probe
shall be inserted into the tailpipe. Record exhaust concentrations after
stabilized readings are obtained or at the end of 30 seconds, whichever
occurs first. This process shall be repeated as necessary for multiple
exhaust pipes, or hardware which is capable of simultaneously sampling
vehicles with multiple tailpipes may be used. Neither multiple readings
nor simultaneous sampling hardware is necessary for exhaust systems in
which the exhaust pipes originate from a common point.
(4) The engine speed is increased to 2500 300
rpm, with transmission in neutral. Record exhaust concentrations after
stabilized readings are obtained or at the end of 30 seconds, whichever
occurs first. Repeat as specified in paragraph (c)(3) of this section
for multiple exhaust pipes, if necessary.
(5) The engine speed is reduced to free idle with transmission in
neutral. Record exhaust concentrations after stabilized readings are
obtained or at the end of 30 seconds, whichever occurs first. Repeat as
specified in paragraph (c)(3) of this section for multiple exhaust
pipes, if necessary.
(6) For vehicles with multiple exhaust pipes, the separate results
from each pipe for each mode (as specified in paragraphs (c)(3), (4),
and (5) of this section) must be numerically averaged for each
pollutant, unless hardware which is capable of simultaneously sampling
multiple tailpipe vehicles has been used.
(7) The idle mode final results shall be the lowest HC and lowest CO
readings from steps (3) and (5).
(d) Exhaust concentration measurements from both the idle mode and
the high-speed mode are not required. The short test may be used to
evaluate emissions from either mode alone or from both modes, the choice
being made by the jurisdiction implementing the inspection program. If
exhaust concentrations are not measured on a given mode, the vehicle
must be operated at the specified test condition for 15 to 30 seconds.
The final idle mode, described in paragraph (c)(5) of this section, may
be omitted if only high-speed mode exhaust concentrations are to be
measured or if the vehicle is below idle standards on the first
measurement, paragraph (c)(3) of this section. The high-speed mode may
be omitted if only idle mode exhaust concentrations are to be measured
and if the vehicle is below idle standards on the first measurement.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58404, Nov. 1, 1993]
Sec. 85.2215 Two speed idle test--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations begins ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a rate of once every 0.75 second. The measured value for pass/fail
determinations is a simple running average of the measurements taken
over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable short test standards. A
vehicle
[[Page 117]]
fails the test mode if the values for either HC or CO, or both, in all
simultaneous pairs of values are above the applicable standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO\2\ falls below six percent or the vehicle's engine stalls at any
time during the test sequence.
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines equipped with multiple exhaust pipes must be sampled
simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a first-chance
test and a second-chance test as described in paragraphs (b)(1) (i) and
(ii) of this section.
(i) The first-chance test, as described under paragraph (c) of this
section, consists of an idle mode followed by a high-speed mode.
(ii) The second-chance high-speed mode, as described under paragraph
(c) of this section, immediately follows the first-chance high-speed
mode. It is performed only if the vehicle fails the first-chance test.
The second-chance idle mode, as described under paragraph (d) of this
section, follows the second-chance high-speed mode and is performed only
if the vehicle fails the idle mode of the first-chance test.
(2) The test sequence begins only after the requirements listed in
paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the
transmission in neutral or park and all accessories turned off. The
engine must be at normal operating temperature (as indicated by a
temperature gauge, temperature lamp, touch test on the radiator hose, or
other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be
attached to the vehicle in accordance with the analyzer manufacturer's
instructions. For 1996 and newer model year vehicles the OBD data link
connector will be used to monitor RPM. In the event that an OBD data
link connector is not available or that an RPM signal is not available
over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO\2\ must be greater
than or equal to six percent.
(c) First-chance test and second-chance high-speed mode. The test
timer starts (tt=0) when the conditions specified in paragraph (b)(2) of
this section are met. The overall maximum test time for the first-chance
test and second-chance high-speed mode is 425 seconds (tt=425). The
first-chance test consists of an idle mode followed immediately by a
high-speed mode. This is followed immediately by an additional second-
chance high-speed mode, if necessary.
(1) First-chance idle mode. (i) The mode timer starts (mt=0) when
the vehicle engine speed is between 350 and 1100 rpm. If engine speed
exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to zero
and resumes timing. The minimum idle mode length is determined as
described in paragraph (c)(1)(ii) of this section. The maximum idle mode
length is 90 seconds elapsed time (mt=90).
(ii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode terminated as described in paragraphs (c)(1)(ii) (A)
through (E) of this section.
(A) The vehicle passes the idle mode and the mode is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the mode is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (c)(1)(ii)(A) of this section are not
satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
[[Page 118]]
(C) The vehicle passes the idle mode and the mode is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), the measured values are less than or
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the mode is terminated if
none of the provisions of paragraphs (c)(1)(ii) (A), (B), and (C) of
this section is satisfied by an elapsed time of 90 seconds (mt=90).
Alternatively, the vehicle may be failed if the provisions of paragraphs
(c)(1)(ii) (A) and (B) of this section are not met within an elapsed
time of 30 seconds.
(E) Optional. The vehicle may fail the first-chance test and the
second-chance test may be omitted if no exhaust gas concentration less
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
(2) First-chance and second-chance high-speed modes. This mode
includes both the first-chance and second-chance high-speed modes, and
follows immediately upon termination of the first-chance idle mode.
(i) The mode timer resets (mt=0) when the vehicle engine speed is
between 2200 and 2800 rpm. If engine speed falls below 2200 rpm or
exceeds 2800 rpm for more than two seconds in one excursion, or more
than six seconds over all excursions within 30 seconds of the final
measured value used in the pass/fail determination, the measured value
is invalidated and the mode continued. If any excursion lasts for more
than ten seconds, the mode timer resets to zero (mt=0) and timing
resumes. The minimum high-speed mode length is determined as described
under paragraphs (c)(2) (ii) and (iii) of this section. The maximum
high-speed mode length is 180 seconds elapsed time (mt=180).
(ii) Ford Motor Company and Honda vehicles. For 1981-1987 model year
Ford Motor Company vehicles and 1984-1985 model year Honda Preludes, the
pass/fail analysis begins after an elapsed time of ten seconds (mt=10)
using the following procedure. This procedure may also be used for 1988-
1989 model year Ford Motor Company vehicles but may not be used for
other vehicles.
(A) For vehicles that passed the idle mode, a pass or fail
determination is used to determine whether the high-speed test should be
terminated prior to or at the end of an elapsed time of 180 seconds
(mt=180), as described in paragraphs (c)(2)(ii)(A) (1) through (4) of
this section.
(1) The vehicle passes the high-speed mode and the test is
immediately terminated if, prior to an elapsed time of 30 seconds
(mt=30), the measured values are less than or equal to 100 ppm HC and
0.5 percent CO.
(2) The vehicle passes the high-speed mode and the test is
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior
to that time, the criteria of paragraph (c)(2)(ii)(A)(1) of this section
are not satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(3) The vehicle passes the high-speed mode and the test is
immediately terminated if, at any point between an elapsed time of 30
seconds (mt=30) and 180 seconds (mt=180), the measured values are less
than or equal to the applicable short test standards as determined by
the procedure described in paragraph (a)(2) of this section.
(4) Restart. If at an elapsed time of 90 seconds (mt=90) the
measured values are greater than the applicable short test standards as
determined by the procedure described in paragraph (a)(2) of this
section, the vehicle's engine must be shut off for not more than ten
seconds after returning to idle and then is restarted. The probe may be
removed from the tailpipe or the sample pump turned off if necessary to
reduce analyzer fouling during the restart procedure. The mode timer
will stop upon engine shut off (mt=90) and resume upon engine restart.
The pass/fail determination resumes as follows after 100 seconds have
elapsed (mt=100).
(i) The vehicle passes the high-speed mode and the test is
immediately terminated if, at any point between an elapsed time of 100
seconds (mt=100) and 180 seconds (mt=180), the measured
[[Page 119]]
values are less than or equal to the applicable short test standards
described in paragraph (a)(2) of this section.
(ii) The vehicle fails the high-speed mode and the test is
terminated if paragraph (c)(2)(ii)(A)(4)(i) of this section is not
satisfied by an elapsed time of 180 seconds (mt=180).
(B) A pass or fail determination is made for vehicles that failed
the idle mode and the high-speed mode terminated at the end of an
elapsed time of 180 seconds (mt=180) as described in paragraphs
(c)(2)(ii)(B) (1) and (2) of this section.
(1) The vehicle passes the high-speed mode and the mode is
terminated at an elapsed time of 180 seconds (mt=180) if any measured
values of HC and CO exhaust gas concentrations during the high-speed
mode are less than or equal to the applicable short test standards as
determined by the procedure described in paragraph (a)(2) of this
section.
(2) Restart. If at an elapsed time of 90 seconds (mt=90) the
measured values of HC and CO exhaust gas concentrations during the high-
speed mode are greater than the applicable short test standards as
determined by the procedure in paragraph (a)(2) of this section, the
vehicle's engine must be shut off for not more than ten seconds after
returning to idle and then is restarted. The probe may be removed from
the tailpipe or the sample pump turned off if necessary to reduce
analyzer fouling during the restart procedure. The mode timer will stop
upon engine shut off (mt=90) and resume upon engine restart. The pass/
fail determination resumes, as described in paragraphs (c)(2)(ii)(B)(2)
(i) and (ii) of this section after 100 seconds have elapsed (mt=100).
(i) The vehicle passes the high-speed mode and the mode is
terminated at an elapsed time of 180 seconds (mt=180) if any measured
values of HC and CO exhaust gas concentrations during the high-speed
mode are less than or equal to the applicable short test standards as
determined by the procedure described in paragraph (a)(2) of this
section.
(ii) The vehicle fails the high-speed mode and the test is
terminated if paragraph (c)(2)(ii)(B)(2)(i) of this section is not
satisfied by an elapsed time of 180 seconds (mt=180).
(iii) All other light-duty motor vehicles. The pass/fail analysis
for vehicles not specified in paragraph (c)(2)(ii) of this section
begins after an elapsed time of ten seconds (mt=10) using the procedure
described in paragraphs (c)(2)(iii) (A) and (B) of this section.
(A) For vehicles that passed the idle mode, a pass or fail
determination is used to determine whether the high-speed mode should be
terminated prior to or at the end of an elapsed time of 180 seconds
(mt=180), as described in paragraphs (c)(2)(iii)(A) (1) through (4) of
this section.
(1) The vehicle passes the high-speed mode and the test is
immediately terminated if, prior to an elapsed time of 30 seconds
(mt=30), any measured values are less than or equal to 100 ppm HC and
0.5 percent CO.
(2) The vehicle passes the high-speed mode and the test is
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior
to that time, the criteria of paragraph (c)(2)(iii)(A)(1) of this
section are not satisfied, and the measured values are less than or
equal to the applicable short test standards as determined by the
procedure in paragraph (a)(2) of this section.
(3) The vehicle passes the high-speed mode and the test is
immediately terminated if, at any point between an elapsed time of 30
seconds (mt=30) and 180 seconds (mt=180), the measured values are less
than or equal to the applicable short test standards as determined by
the procedure described in paragraph (a)(2) of this section.
(4) The vehicle fails the high-speed mode and the test is terminated
if none of the provisions of paragraphs (c)(2)(iii)(A) (1), (2), and (3)
of this section is satisfied by an elapsed time of 180 seconds (mt=180).
(B) A pass or fail determination is made for vehicles that failed
the idle mode and the high-speed mode terminated at the end of an
elapsed time of 180 seconds (mt=180) as described in paragraphs
(c)(2)(iii)(B) (1) and (2) of this section.
(1) The vehicle passes the high-speed mode and the mode is
terminated at an elapsed time of 180 seconds (mt=180) if any measured
values are less than or
[[Page 120]]
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(2) The vehicle fails the high-speed mode and the test is terminated
if paragraph (c)(2)(iii)(B)(1) of this section is not satisfied by an
elapsed time of 180 seconds (mt=180).
(d) Second-chance idle mode. If the vehicle fails the first-chance
idle mode and passes the high-speed mode, the test timer resets to zero
(tt=0) and a second-chance idle mode begins. The overall maximum test
time for the second-chance idle mode is 145 seconds (tt=145). The test
consists of an idle mode only.
(1) The engines of 1981-1987 model year Ford Motor Company vehicles
and 1984-1985 model year Honda Preludes must be shut off for not more
than ten seconds and restarted. The probe may be removed from the
tailpipe or the sample pump turned off if necessary to reduce analyzer
fouling during the restart procedure. This procedure may also be used
for 1988-1989 model year Ford Motor Company vehicles but may not be used
for other vehicles.
(2) The mode timer starts (mt=0) when the vehicle engine speed is
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls
below 350 rpm the mode timer resets to zero and resumes timing. The
minimum second-chance idle mode length is determined as described in
paragraph (d)(3) of this section. The maximum second-chance idle mode
length is 90 seconds elapsed time (mt=90).
(3) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the second-chance idle mode is terminated in accordance with
paragraphs (d)(3) (i) through (iv) of this section.
(i) The vehicle passes the second-chance idle mode and the test is
immediately terminated if, prior to an elapsed time of 30 seconds
(mt=30), any measured values are less than or equal to 100 ppm HC and
0.5 percent CO.
(ii) The vehicle passes the second-chance idle mode and the test is
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior
to that time, the criteria of paragraph (d)(3)(i) of this section are
not satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(iii) The vehicle passes the second-chance idle mode and the test is
immediately terminated if, at any point between an elapsed time of 30
seconds (mt=30) and 90 seconds (mt=90), the measured values are less
than or equal to the applicable short test standards as determined by
the procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the second-chance idle mode and the test is
terminated if none of the provisions of paragraphs (d)(3) (i), (ii), and
(iii) of this section is satisfied by an elapsed time of 90 seconds
(mt=90).
[58 FR 58405, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]
Sec. 85.2216 Loaded test--EPA 81.
(a)(1) General calendar year applicability. The test procedure
described in this section may be used to establish Emissions Performance
Warranty eligibility through December 31, 1993, except as allowed in
paragraph (a)(2) of this section.
(2) Special calendar and model year applicability. (i) The extended
applicability described in paragraphs (a)(2) (ii) through (iv) of this
section is restricted to 1995 and earlier model year vehicles or
engines.
(ii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
decentralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the test procedure described in this section may be used
to establish Emissions Performance Warranty eligibility through December
31, 1993.
(iii) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of a basic
centralized program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in
[[Page 121]]
Sec. 51.373 of this chapter, the test procedure described in this
section may be used to establish Emissions Performance Warranty
eligibility through June 30, 1994.
(iv) In a state for which the Administrator has approved a State
Implementation Plan revision providing for the implementation of an
enhanced program meeting the requirements of part 51, subpart S of this
chapter, according to the schedule specified in Sec. 51.373 of this
chapter, the test procedure described in this section may be used to
establish Emissions Performance Warranty eligibility through December
31, 1995.
(b) General requirements. Vehicles shall be tested in as-received
condition. Engines shall be at normal operating temperature and not
overheating (as indicated by gauge, warning light or boiling radiator)
with all accessories off. An auxiliary cooling fan is optional
(c) Test sequence. (1) The dynamometer and analyzers shall be
warmed-up, in stabilized operating condition and adjusted as required in
Sec. Sec. 85.2216 and 85.2217.
(2) The vehicle shall be placed on the dynamometer.
(3) The sample probe shall be inserted into the tailpipe.
(4) Optional. A high speed mode, maximum 50 mph and 30 seconds
duration, is permitted if vehicle overheating does not occur.
(5) Drive for automatic or 3rd gear for manual transmissions shall
be used. The vehicle shall be operated at 30 1 mph
roll speed while measuring exhaust HC and CO. Record exhaust
concentrations after stabilized readings are obtained or at the end of
30 seconds, whichever occurs first. This process shall be repeated as
necessary for multiple exhaust pipes, or hardware which is capable of
simultaneously sampling vehicles with multiple tailpipes may be used.
Neither multiple readings nor simultaneous sampling hardware is
necessary for exhaust systems in which the exhaust pipes originate from
a common point.
(6) The vehicle must be idled with transmission in neutral. Record
exhaust concentrations after stabilized readings are obtained or at the
end of 30 seconds, whichever occurs first. Repeat as specified in
paragraph (c)(5) of this section for multiple exhaust pipes, if
necessary.
(7) For vehicles with multiple exhaust pipes, the separate results
from each pipe for each mode (as specified in paragraphs (c)(5) and (6)
of this section) must be numerically averaged for each pollutant, unless
hardware which is capable of simultaneously sampling multiple tailpipe
vehicles has been used.
(d) Exhaust concentration measurements from both the loaded mode and
the idle mode are not required. The short test may be used to evaluate
emissions from either mode alone or from both modes, the choice being
made by the jurisdiction implementing the inspection program. If exhaust
concentrations are not measured on the loaded mode the vehicle shall be
operated at the specified test condition for 15 to 30 seconds. If idle
exhaust concentrations are not measured, the idle mode may be omitted.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58407, Nov. 1, 1993]
Sec. 85.2217 Loaded test--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations begins ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a minimum rate of once every 0.75 seconds. The measured value for
pass/fail determinations is a simple running average of the measurements
taken over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable short test standards. A
vehicle fails the test mode if the values for either HC or CO, or both,
in all simultaneous pairs of values are above the applicable standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO2 falls below six percent or the vehicle's
[[Page 122]]
engine stalls at any time during the test sequence.
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines equipped with multiple exhaust pipes must be sampled
simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a loaded mode
using a chassis dynamometer followed immediately by an idle mode as
described in paragraphs (c) (1) and (2) of this section.
(2) The test sequence begins only after the requirements described
in paragraphs (b)(2) (i) through (v) of this section are met.
(i) The dynamometer must be warmed up, in stabilized operating
condition, adjusted, and calibrated in accordance with the procedures of
Sec. 85.2233. Prior to each test, variable-curve dynamometers must be
checked for proper setting of the road-load indicator or road-load
controller.
(ii) The vehicle is tested in as-received condition with all
accessories turned off. The engine must be at normal operating
temperature (as indicated by a temperature gauge, temperature lamp,
touch test on the radiator hose, or other visual observation indicating
that overheating has not occurred).
(iii) The vehicle must be operated during each mode of the test with
the gear selector in the position described in paragraphs (b)(2)(iii)
(A) and (B) of this section.
(A) In drive for automatic transmissions and in second (or third if
more appropriate) for manual transmissions for the loaded mode.
(B) In park or neutral for the idle mode.
(iv) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(v) The measured concentration of CO plus CO2 must be
greater than or equal to six percent.
(c) Overall test procedure. The test timer starts (tt=0) when the
conditions specified in paragraph (b)(2) of this section are met and the
mode timer initiates as specified in paragraph (c)(1) of this section.
The overall maximum test time is 240 seconds (tt=240). The test is
immediately terminated upon reaching the overall maximum test time.
(1) Loaded mode--(i) Ford Motor Company and Honda vehicles.
(Optional.) The engines of 1981-1987 model year Ford Motor Company
vehicles and 1984-1985 model year Honda Preludes must be shut off for
not more than ten seconds and restarted. This procedure may also be used
for 1988-1989 model year Ford Motor Company vehicles but may not be used
for other vehicles. The probe may be removed from the tailpipe or the
sample pump turned off if necessary to reduce analyzer fouling during
the restart procedure.
(ii) The mode timer starts (mt=0) when the dynamometer speed is
within the limits specified for the vehicle engine size according to the
following schedule. If the dynamometer speed falls outside the limits
for more than five seconds in one excursion, or 15 seconds over all
excursions, the mode timer resets to zero and resumes timing. The
minimum mode length is determined as described in paragraph
(c)(1)(iii)(A) of this section. The maximum mode length is 90 seconds
elapsed time (mt=90).
Dynamometer Test Schedule
------------------------------------------------------------------------
Normal loading,
Gasoline engine size, No. Roll speed, mph brake hp
cylinders (kph) (kilowatts)
------------------------------------------------------------------------
4 or less....................... 22-25 (35-40)..... 2.8-4.1 (2.1-3.1)
5-6............................. 29-32 (47-52)..... 6.8-8.4 (5.1-6.3)
7 or more....................... 32-35 (52-56)..... 8.4-10.8 (6.3-8.1)
------------------------------------------------------------------------
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (c)(1)(iii)(A)
through (C) of this section.
(A) The vehicle passes the loaded mode and the mode is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standard described in paragraph (a)(2) of
this section.
[[Page 123]]
(B) The vehicle fails the loaded mode and the mode is terminated if
paragraph (c)(1)(iii)(A) of this section is not satisfied by an elapsed
time of 90 seconds (mt=90).
(C) Optional. The vehicle may fail the loaded mode and any
subsequent idle mode may be omitted if no exhaust gas concentration less
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
(2) Idle mode--(i) Ford Motor Company and Honda vehicles.
(Optional.) The engines of 1981-1987 model year Ford Motor Company
vehicles and 1984-1985 model year Honda Preludes must be shut off for
not more than ten seconds and restarted. This procedure may also be used
for 1988-1989 model year Ford Motor Company vehicles but may not be used
for other vehicles. The probe may be removed from the tailpipe or the
sample pump turned off if necessary to reduce analyzer fouling during
the restart procedure.
(ii) The mode timer starts (mt=0) 5 seconds after the dynamometer
speed has reached zero. The minimum idle mode length is determined as
described in paragraph (c)(2)(iii) of this section. The maximum idle
mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (c)(2)(iii) (A)
through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (c)(2)(iii)(A) of this section are not
satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standards described in paragraph (a)(2) of
this section.
(D) The vehicle fails the idle mode and the test terminates if none
of the provisions of paragraphs (c)(2)(iii) (A), (B), and (C) of this
section is satisfied by an elapsed time of 90 seconds (mt=90).
[58 FR 58407, Nov. 1, 1993]
Sec. 85.2218 Preconditioned idle test--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations begins ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a minimum rate of once every 0.75 second. The measured value for
pass/fail determinations is a simple running average of the measurements
taken over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable short test standards. A
vehicle fails the test mode if the values for either HC or CO, or both,
in all simultaneous pairs of values are above the applicable standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO2 falls below six percent or the vehicle's engine
stalls at any time during the test sequence.
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines equipped with multiple exhaust pipes must be sampled
simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a first-chance
test and a second-chance test as described in paragraphs (b)(1) (i) and
(ii) of this section.
[[Page 124]]
(i) The first-chance test, as described under paragraph (c) of this
section, consists of a preconditioning mode followed by an idle mode.
(ii) The second-chance test as described under paragraph (d) of this
section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described
in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the
transmission in neutral or park and all accessories turned off. The
engine must be at normal operating temperature (as indicated by a
temperature gauge, temperature lamp, touch test on the radiator hose, or
other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be
attached to the vehicle in accordance with the analyzer manufacturer's
instructions. For 1996 and newer model year vehicles the OBD data link
connector will be used to monitor RPM. In the event that an OBD data
link connector is not available or that an RPM signal is not available
over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO2 must be
greater than or equal to six percent.
(c) First-chance test. The test timer starts (tt=0) when the
conditions specified in paragraph (b)(2) of this section are met. The
overall maximum test time is 200 seconds (tt=200). The first-chance test
consists of a preconditioning mode followed immediately by an idle mode.
(1) Preconditioning mode. The mode timer starts (mt=0) when the
engine speed is between 2200 and 2800 rpm. The mode continues for an
elapsed time of 30 seconds (mt=30). If engine speed falls below 2200 rpm
or exceeds 2800 rpm for more than five seconds in any one excursion, or
15 seconds over all excursions, the mode timer resets to zero and
resumes timing.
(2) Idle mode. (i) The mode timer starts (mt=0) when the vehicle
engine speed is between 350 and 1100 rpm. If engine speed exceeds 1100
rpm or falls below 350 rpm, the mode timer resets to zero and resumes
timing. The minimum idle mode length is determined as described in
paragraph (c)(2)(ii) of this section. The maximum idle mode length is 90
seconds elapsed time (mt=90).
(ii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode terminates as described in paragraphs (c)(2)(ii) (A)
through (E) of this section.
(A) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test terminates at the
end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the
criteria of paragraph (c)(2)(ii)(A) of this section are not satisfied,
and the measured values are less than or equal to the applicable short
test standards as determined by the procedure described in paragraph
(a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standards as determined by the procedure
described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test terminates if none
of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of this
section is satisfied by an elapsed time of 90 seconds (mt=90).
Alternatively, the vehicle may be failed if the provisions of paragraphs
(c)(2) (i) and (ii) of this section are not met within an elapsed time
of 30 seconds.
(E) Optional. The vehicle may fail the first-chance test and the
second-chance test may be omitted if no exhaust gas concentration less
than 1800 ppm HC is
[[Page 125]]
found at an elapsed time of 30 seconds (mt=30).
(d) Second-chance test. If the vehicle fails the first-chance test,
the test timer resets to zero and a second-chance test is performed. The
overall maximum test time for the second-chance test is 425 seconds. The
test consists of a preconditioning mode followed immediately by an idle
mode.
(1) Preconditioning mode. The mode timer starts (mt=0) when engine
speed is between 2200 and 2800 rpm. The mode continues for an elapsed
time of 180 seconds (mt=180). If the engine speed falls below 2200 rpm
or exceeds 2800 rpm for more than five seconds in any one excursion, or
15 seconds over all excursions, the mode timer resets to zero and
resumes timing.
(2) Idle mode--(i) Ford Motor Company and Honda vehicles. The
engines of 1981-1987 model year Ford Motor Company vehicles and 1984-
1985 model year Honda Preludes must be shut off for not more than ten
seconds and then restarted. The probe may be removed from the tailpipe
or the sample pump turned off if necessary to reduce analyzer fouling
during the restart procedure. This procedure may also be used for 1988-
1989 model year Ford Motor Company vehicles but may not be used for
other vehicles.
(ii) The mode timer starts (mt=0) when the vehicle engine speed is
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls
below 350 rpm, the mode timer resets to zero and resumes timing. The
minimum idle mode length is determined as described in paragraph
(d)(2)(iii) of this section. The maximum idle mode length is 90 seconds
elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A)
through (D) of this section.
(A) The vehicle passes the idle mode and the test immediately
terminates if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (d)(2)(iii)(A) of this section are not
satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standards described in paragraph (a)(2) of
this section.
(D) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of
this section is satisfied by an elapsed time of 90 seconds (mt=90).
[58 FR 58408, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]
Sec. 85.2219 Idle test with loaded preconditioning--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations begins ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a minimum rate of once every 0.75 second. The measured value for
pass/fail determinations is a simple running average of the measurements
taken over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable short test standards. A
vehicle fails the test mode if the values for either HC or CO, or both,
in all simultaneous pairs of values are above the applicable standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO2 falls below 6 percent or the vehicle's engine stalls
at any time during the test sequence.
[[Page 126]]
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines equipped with multiple exhaust pipes must be sampled
simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a first-chance
test and a second-chance test as described in paragraphs (b)(1) (i) and
(ii) of this section.
(i) The first-chance test, as described under paragraph (c) of this
section, consists of an idle mode.
(ii) The second-chance test as described under paragraph (d) of this
section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described
in paragraphs (b)(2) (i) through (v) of this section are met.
(i) The dynamometer must be warmed up, in stabilized operating
condition, adjusted, and calibrated in accordance with the procedures of
Sec. 85.2233. Prior to each test, variable-curve dynamometers must be
checked for proper setting of the road-load indicator or road-load
controller.
(ii) The vehicle is tested in as-received condition with all
accessories turned off. The engine must be at normal operating
temperature (as indicated by a temperature gauge, temperature lamp,
touch test on the radiator hose, or other visual observation indicating
that overheating has not occurred).
(iii) The vehicle must be operated during each mode of the test with
the gear selector in the position described in paragraphs (b)(2)(iii)
(A) and (B) of this section.
(A) In drive for automatic transmissions and in second (or third if
more appropriate) for manual transmissions for the loaded
preconditioning mode.
(B) In park or neutral for the idle mode.
(iv) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(v) The measured concentration of CO plus CO2 must be
greater than or equal to 6 percent.
(c) First-chance test. The test timer starts (tt=0) when the
conditions specified in paragraph (b)(2) of this section are met. The
overall maximum test time is 155 seconds (tt=155). The first-chance test
consists of an idle mode only.
(1) The minimum mode length is determined as described in paragraph
(c)(2) of this section. The maximum mode length is 90 seconds elapsed
time (mt=90).
(2) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode terminates in accordance with paragraphs (c)(2) (i) through
(v) of this section.
(i) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(ii) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (c)(2)(i) of this section are not satisfied,
and the measured values are less than or equal to the applicable short
test standards as determined by the procedure described in paragraph
(a)(2) of this section.
(iii) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), the measured values are less than or
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(iv) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (c)(2)(i), (ii), and (iii) of this
section is satisfied by an elapsed time of 90 seconds (mt=90).
Alternatively, the vehicle may be failed if the provisions of paragraphs
(c)(2)(i) and (ii) of this section are not met within an elapsed time of
30 seconds.
(v) Optional. The vehicle may fail the first-chance test and the
second-chance test may be omitted if no exhaust gas
[[Page 127]]
concentration less than 1800 ppm HC is found at an elapsed time of 30
seconds (mt=30).
(d) Second-chance test. If the vehicle fails the first-chance test,
the test timer resets to zero (tt=0) and a second-chance test is
performed. The overall maximum test time for the second-chance test is
200 seconds (tt=200). The test consists of a preconditioning mode using
a chassis dynamometer, followed immediately by an idle mode.
(1) Preconditioning mode. (i) The mode timer starts (mt=0) when the
dynamometer speed is within the limits specified for the vehicle engine
size in accordance with the following schedule. The mode continues for a
minimum elapsed time of 30 seconds (mt=30). If the dynamometer speed
falls outside the limits for more than five seconds in one excursion, or
15 seconds over all excursions, the mode timer resets to zero and
resumes timing.
Dynamometer Test Schedule
------------------------------------------------------------------------
Normal loading,
Gasoline engine size, No. Roll speed, mph brake hp
cylinders (kph) (kilowatts)
------------------------------------------------------------------------
4 or less....................... 22-25 (35-40)..... 2.8-4.1 (2.1-3.1).
5-6............................. 29-32 (47-52)..... 6.8-8.4 (5.1-6.3).
7 or more....................... 32-35 (52-56)..... 8.4-10.8 (6.3-
8.1).
------------------------------------------------------------------------
(2) Idle mode--(i) Ford Motor Company and Honda vehicles.
(Optional.) The engines of 1981-1987 model year Ford Motor Company
vehicles and 1984-1985 model year Honda Preludes must be shut off for
not more than ten seconds and restarted. This procedure may also be used
for 1988-1989 model year Ford Motor Company vehicles but may not be used
for other vehicles. The probe may be removed from the tailpipe or the
sample pump turned off if necessary to reduce analyzer fouling during
the restart procedure.
(ii) The mode timer starts (mt=0) 5 seconds after the dynamometer
speed has reached zero. The minimum idle mode length is determined as
described in paragraph (d)(2)(iii) of this section. The maximum idle
mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A)
through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (d)(2)(ii)(A) of this section are not
satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), measured values are less than or equal
to the applicable short test standards described in paragraph (a)(2) of
this section.
(D) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (d)(2)(ii)(A), (B), and (C) of this
section is satisfied by an elapsed time of 90 seconds (mt=90).
[58 FR 58409, Nov. 1, 1993]
Sec. 85.2220 Preconditioned two speed idle test--EPA 91.
(a) General requirements--(1) Exhaust gas sampling algorithm. The
analysis of exhaust gas concentrations begins ten seconds after the
applicable test mode begins. Exhaust gas concentrations must be analyzed
at a minimum rate of once every 0.75 second. The measured value for
pass/fail determinations is a simple running average of the measurements
taken over five seconds.
(2) Pass/fail determination. A pass or fail determination is made
for each applicable test mode based on a comparison of the short test
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured
value for HC and CO as described in paragraph (a)(1) of this section. A
vehicle passes the test mode if any pair of simultaneous values for HC
and CO are below or equal to the applicable short test standards. A
vehicle
[[Page 128]]
fails the test mode if the values for either HC or CO, or both, in all
simultaneous pairs of values are above the applicable standards.
(3) Void test conditions. The test immediately terminates and any
exhaust gas measurements are voided if the measured concentration of CO
plus CO2 falls below six percent or the vehicle's engine
stalls at any time during the test sequence.
(4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle
engines equipped with multiple exhaust pipes must be sampled
simultaneously.
(5) The test is immediately terminated upon reaching the overall
maximum test time.
(b) Test sequence. (1) The test sequence consists of a first-chance
test and a second-chance test as described in paragraphs (b)(1) (i) and
(ii) of this section.
(i) The first-chance test, as described under paragraph (c) of this
section, consists of a first-chance high-speed mode followed immediately
by a first-chance idle mode.
(ii) The second-chance test as described under paragraph (d) of this
section is performed only if the vehicle fails the first-chance test.
(2) The test sequence begins only after the requirements described
in paragraphs (b)(2) (i) through (iv) of this section are met.
(i) The vehicle is tested in as-received condition with the
transmission in neutral or park and all accessories turned off. The
engine must be at normal operating temperature (as indicated by a
temperature gauge, temperature lamp, touch test on the radiator hose, or
other visual observation indicating that overheating has not occurred).
(ii) For all pre-1996 model year vehicles, a tachometer shall be
attached to the vehicle in accordance with the analyzer manufacturer's
instructions. For 1996 and newer model year vehicles the OBD data link
connector will be used to monitor RPM. In the event that an OBD data
link connector is not available or that an RPM signal is not available
over the data link connector, a tachometer shall be used instead.
(iii) The sample probe is inserted into the vehicle's tailpipe to a
minimum depth of 10 inches. If the vehicle's exhaust system prevents
insertion to this depth, a tailpipe extension must be used.
(iv) The measured concentration of CO plus CO2 must be greater than
or equal to six percent.
(c) First-chance test. The test timer starts (tt=0) when the
conditions specified in paragraph (b)(2) of this section are met. The
overall maximum test time is 290 seconds (tt=290). The first-chance test
consists of a high-speed mode followed immediately by an idle mode.
(1) First-chance high-speed mode. (i) The mode timer starts (mt=0)
when the vehicle engine speed is between 2200 and 2800 rpm. If the
engine speed falls below 2200 rpm or exceeds 2800 rpm for more than two
seconds in one excursion, or more than six seconds over all excursions
within 30 seconds of the final measured value used in the pass/fail
determination, the measured value is invalidated and the mode continued.
If any excursion lasts for more than ten seconds, the mode timer resets
to zero (mt=0) and timing resumes. The high-speed mode length is 90
seconds elapsed time (mt=90).
(ii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (c)(1)(ii)(A)
through (C) of this section.
(A) The vehicle passes the high-speed mode and the mode is
terminated at an elapsed time of 90 seconds (mt=90) if any measured
values are less than or equal to the applicable short test standards as
determined by the procedure described in paragraph (a)(2) of this
section.
(B) The vehicle fails the high-speed mode and the mode is terminated
if the requirements of paragraph (c)(1)(ii)(A) of this section are not
satisfied by an elapsed time of 90 seconds (mt=90).
(C) Optional. The vehicle may fail the first-chance test and any
subsequent test may be omitted if no exhaust gas concentration lower
than 1800 ppm HC is found at an elapsed time of 30 seconds (mt=30).
(2) First-chance idle mode. (i) The mode timer starts (mt=0) when
the vehicle engine speed is between 350 and
[[Page 129]]
1100 rpm. If the engine speed exceeds 1100 rpm or falls below 350 rpm,
the mode timer resets to zero and resumes timing. The minimum first-
chance idle mode length is determined as described in paragraph
(c)(2)(ii) of this section. The maximum first-chance idle mode length is
90 seconds elapsed time (mt=90).
(ii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (c)(2)(ii) (A)
through (D) of this section.
(A) The vehicle passes the idle mode and the test is immediately
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured
values are less than or equal to 100 ppm HC and 0.5 percent CO.
(B) The vehicle passes the idle mode and the test is terminated at
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time,
the criteria of paragraph (c)(2)(ii)(A) of this section are not
satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the idle mode and the test is immediately
terminated if, at any point between an elapsed time of 30 seconds
(mt=30) and 90 seconds (mt=90), the measured values are less than or
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(D) The vehicle fails the idle mode and the test is terminated if
none of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of
this section is satisfied by an elapsed time of 90 seconds (mt=90).
Alternatively, the vehicle may be failed if the provisions of paragraphs
(c)(2) (i) and (ii) of this section are not met within the elapsed time
of 30 seconds.
(d) Second-chance test. (1) If the vehicle fails either mode of the
first-chance test, the test timer resets to zero (tt=0) and a second-
chance test begins. The second-chance test is performed based on the
first-chance test failure mode or modes as described in paragraphs
(d)(1) (i) through (iii) of this section.
(i) If the vehicle failed only the first-chance high-speed mode, the
second-chance test consists of a second-chance high-speed mode as
described in paragraph (d)(2) of this section. The overall maximum test
time is 280 seconds (tt=280).
(ii) If the vehicle failed only the first-chance idle mode, the
second-chance test consists of a second-chance pre-conditioning mode
followed immediately by a second-chance idle mode as described in
paragraphs (d) (3) and (4) of this section. The overall maximum test
time is 425 seconds (tt=425).
(iii) If both the first-chance high-speed mode and first-chance idle
mode were failed, the second-chance test consists of the second-chance
high-speed mode followed immediately by the second-chance idle mode as
described in paragraphs (d) (2) and (4) of this section. However, if
during this second-chance procedure, the vehicle fails the second-chance
high-speed mode, then the second-chance idle mode may be eliminated. The
overall maximum test time is 425 seconds (tt=425).
(2) Second-chance high-speed mode--(i) Ford Motor Company and Honda
vehicles. The engines of 1981-1987 model year Ford Motor Company
vehicles and 1984-1985 model year Honda Preludes must be shut off for
not more than ten seconds and then restarted. The probe may be removed
from the tailpipe or the sample pump turned off if necessary to reduce
analyzer fouling during the restart procedure. This procedure may also
be used for 1988-1989 model year Ford Motor Company vehicles but may not
be used for other vehicles.
(ii) The mode timer resets (mt=0) when the vehicle engine speed is
between 2200 and 2800 rpm. If the engine speed falls below 2200 rpm or
exceeds 2800 rpm for more than two seconds in one excursion, or more
than six seconds over all excursions within 30 seconds of the final
measured value used in the pass/fail determination, the measured value
is invalidated and the mode continued. The minimum second-chance high-
speed mode length is determined as described in paragraphs (d)(2) (iii)
and (iv) of this section. If any excursion lasts for more than ten
[[Page 130]]
seconds, the mode timer resets to zero (mt=0) and timing resumes. The
maximum second-chance high-speed mode length is 180 seconds elapsed time
(mt=180).
(iii) In the case where the second-chance high-speed mode is not
followed by the second-chance idle mode, the pass/fail analysis begins
after an elapsed time of ten seconds (mt=10). A pass or fail
determination is made for the vehicle and the mode is terminated in
accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
(A) The vehicle passes the high-speed mode and the test is
immediately terminated if, prior to an elapsed time of 30 seconds
(mt=30), measured values are less than or equal to 100 ppm HC and 0.5
percent CO.
(B) The vehicle passes the high-speed mode and the test is
terminated if at the end of an elapsed time of 30 seconds (mt=30) if,
prior to that time, the criteria of paragraph (d)(2)(iii)(A) of this
section are not satisfied, and the measured values are less than or
equal to the applicable short test standards as determined by the
procedure described in paragraph (a)(2) of this section.
(C) The vehicle passes the high-speed mode and the test is
immediately terminated if, at any point between an elapsed time of 30
seconds (mt=30) and 180 seconds (mt=180), the measured values are less
than or equal to the applicable short test standards as determined by
the procedure described in paragraph (a)(2) of this section.
(D) The vehicle fails the high-speed mode and the test is terminated
if none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of
this section is satisfied by an elapsed time of 180 seconds (mt=180).
(iv) In the case where the second-chance high-speed mode is followed
by the second-chance idle mode, the pass/fail analysis begins after an
elapsed time of ten seconds (mt=10). A pass or fail determination is
made for the vehicle and the mode is terminated in accordance with
paragraphs (d)(2)(iv)(A) and (B) of this section.
(A) The vehicle passes the high-speed mode and the mode is
terminated at the end of an elapsed time of 180 seconds (mt=180) if any
measured values are less than or equal to the applicable short test
standards as determined by the procedure described in paragraph (a)(2)
of this section.
(B) The vehicle fails the high-speed mode and the mode is terminated
if paragraph (d)(2)(iv)(A) of this section is not satisfied by an
elapsed time of 180 seconds (mt=180).
(3) Second-chance preconditioning mode. The mode timer starts (mt=0)
when engine speed is between 2200 and 2800 rpm. The mode continues for
an elapsed time of 180 seconds (mt=180). If the engine speed falls below
2200 rpm or exceeds 2800 rpm for more than five seconds in any one
excursion, or 15 seconds over all excursions, the mode timer resets to
zero and resumes timing.
(4) Second-chance idle mode--(i) Ford Motor Company and Honda
vehicles. The engines of 1981-1987 model year Ford Motor Company
vehicles and 1984-1985 model year Honda Preludes must be shut off for
not more than ten seconds and then restarted. The probe may be removed
from the tailpipe or the sample pump turned off if necessary to reduce
analyzer fouling during the restart procedure. This procedure may also
be used for 1988-1989 model year Ford Motor Company vehicles but may not
be used for other vehicles.
(ii) The mode timer starts (mt=0) when the vehicle engine speed is
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls
below 350 rpm the mode timer resets to zero and resumes timing. The
minimum second-chance idle mode length is determined as described in
paragraph (d)(4)(iii) of this section. The maximum second-chance idle
mode length is 90 seconds elapsed time (mt=90).
(iii) The pass/fail analysis begins after an elapsed time of ten
seconds (mt=10). A pass or fail determination is made for the vehicle
and the mode is terminated in accordance with paragraphs (d)(4)(iii) (A)
through (D) of this section.
(A) The vehicle passes the second-chance idle mode and the test is
immediately terminated if, prior to an elapsed time of 30 seconds
(mt=30), measured values are less than or equal to 100 ppm HC and 0.5
percent CO.
[[Page 131]]
(B) The vehicle passes the second-chance idle mode and the test is
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior
to that time, the criteria of paragraph (d)(4)(iii)(A) of this section
are not satisfied, and the measured values are less than or equal to the
applicable short test standards as determined by the procedure described
in paragraph (a)(2) of this section.
(C) The vehicle passes the second-chance idle mode and the test is
immediately terminated if, at any point between an elapsed time of 30
seconds (mt=30) and 90 seconds (mt=90), measured values are less than or
equal to the applicable short test standards described in paragraph
(a)(2) of this section.
(D) The vehicle fails the second-chance idle mode and the test is
terminated if none of the provisions of paragraphs (d)(4)(iii) (A), (B),
and (C) of this section is satisfied by an elapsed time of 90 seconds
(mt=90).
[58 FR 58411, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]
Sec. 85.2221 [Reserved]
Sec. 85.2222 On-board diagnostic test procedures.
The test sequence for the inspection of on-board diagnostic systems
on 1996 and newer light-duty vehicles and light-duty trucks shall
consist of the following steps:
(a) The on-board diagnostic inspection shall be conducted with the
key-on/engine running (KOER), with the exception of inspecting for MIL
illumination as required in paragraph (d)(4) of this section, during
which the inspection shall be conducted with the key-on/engine off
(KOEO).
(b) The inspector shall locate the vehicle connector and plug the
test system into the connector.
(c) The test system shall send a Mode $01, PID $01 request in
accordance with SAE J1979 to determine the evaluation status of the
vehicle's on-board diagnostic system. The test system shall determine
what monitors are supported by the on-board diagnostic system, and the
readiness evaluation for applicable monitors in accordance with SAE
J1979. The procedure shall be done in accordance with SAE J1979 ``E/E
Diagnostic Test Modes,'' (DEC91). This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of SAE J1979 may be obtained
from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive,
Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No.
A-94-21 at EPA's Air Docket (LE-131), Room 1500 M, 1st Floor, Waterside
Mall, 401 M Street SW., Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(1) Coincident with the beginning of mandatory testing, repair, and
retesting based upon the OBD-I/M check, if the readiness evaluation
indicates that any on-board tests are not complete the customer shall be
instructed to return after the vehicle has been run under conditions
that allow completion of all applicable on-board tests. If the readiness
evaluation again indicates that any on-board test is not complete the
vehicle shall be failed.
(2) An exception to paragraph (c)(1) of this section is allowed for
MY 1996 to MY 2000 vehicles, inclusive, with two or fewer unset
readiness monitors, and for MY 2001 and newer vehicles with no more than
one unset readiness monitor. Vehicles from those model years which would
otherwise pass the OBD inspection, but for the unset readiness code(s)
in question may be issued a passing certificate without being required
to operate the vehicle in such a way as to activate those particular
monitors. Vehicles from those model years with unset readiness codes
which also have diagnostic trouble codes (DTCs) stored resulting in a
lit malfunction indicator light (MIL) must be failed, though setting the
unset readiness flags in question shall not be a prerequisite for
passing the retest.
(d) The test system shall evaluate the malfunction indicator light
status bit and record status information in the vehicle test record.
[[Page 132]]
(1) If the malfunction indicator status bit indicates that the
malfunction indicator light (MIL) has been commanded to be illuminated
the test system shall send a Mode $03 request to determine the stored
diagnostic trouble codes (DTCs). The system shall repeat this cycle
until the number of codes reported equals the number expected based on
the Mode 1 response. All DTCs resulting in MIL illumination shall be
recorded in the vehicle test record and the vehicle shall fail the on-
board diagnostic inspection.
(2) If the malfunction indicator light bit is not commanded to be
illuminated the vehicle shall pass the on-board diagnostic inspection,
even if DTCs are present.
(3) If the malfunction indicator light bit is commanded to be
illuminated, the inspector shall visually inspect the malfunction
indicator light to determine if it is illuminated. If the malfunction
indicator light is commanded to be illuminated but is not, the vehicle
shall fail the on-board diagnostic inspection.
(4) If the malfunction indicator light (MIL) does not illuminate at
all when the vehicle is in the key-on/engine-off (KOEO) condition, the
vehicle shall fail the on-board diagnostic inspection, even if no DTCs
are present and the MIL has not been commanded on.
[61 FR 40947, Aug. 6, 1996, as amended at 63 FR 24433, May 4, 1998; 66
FR 18178, Apr. 5, 2001]
Sec. 85.2223 On-board diagnostic test report.
(a) Motorists whose vehicles fail the on-board diagnostic test
described in Sec. 85.2222 shall be provided with the on-board
diagnostic test results, including the codes retrieved, the name of the
component or system associated with each fault code, the status of the
MIL illumination command, and the customer alert statement as stated in
paragraph (c) of this section.
(b) [Reserved]
(c) In addition to any codes which were retrieved, the test report
shall include the following language:
Your vehicle's computerized self-diagnostic system (OBD) registered
the fault(s) listed below. This fault(s) is probably an indication of a
malfunction of an emission component. However, multiple and/or seemingly
unrelated faults may be an indication of an emission-related problem
that occurred previously but upon further evaluation by the OBD system
was determined to be only temporary. Therefore, proper diagnosis by a
qualified technician is required to positively identify the source of
any emission-related problem.
[61 FR 40948, Aug. 6, 1996, as amended at 66 FR 18179, Apr. 5, 2001]
Sec. 85.2224 Exhaust analysis system--EPA 81.
(a) Applicability. The requirements of this subsection apply to
short tests conducted under Emissions Performance Warranty through
December 31, 1993. The requirements of Sec. 85.2225 apply concurrently
until December 31, 1993, after which the requirements of Sec. 85.2225
are solely in effect. The following exceptions apply: In a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of this
section are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of this section are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) Sampling system--(1) General requirements. The exhaust sampling
system shall consist of a sample probe, moisture separator and analyzers
for HC and CO.
(2) Dual sample probe requirements. If used, a dual sample probe
must provide equal flow in each leg. The equal flow criterion is
considered to be met if the flow rate in each leg of the probe (or an
identical model) has been measured under two sample flow rates (the
normal rate and a rate equal to the onset of low flow), and if the flow
rates in each of the legs are found to be equal to each other (15%).
[[Page 133]]
(c) Analyzers--(1) Accuracy. The HC analyzer shall have an accuracy
of 15 ppm at 200 to 220 ppm concentration HC (as
hexane). The CO analyzer shall have an accuracy of 0.1% CO from 1.0% to 1.2% concentration.
(2) Response time. Response time of the analyzers shall be 15
seconds to 95% of the final reading.
(3) Drift. Analyzer drift (up-scale and down-scale zero and span
wander) shall not exceed 0.1% CO and 15 ppm HC (as hexane) on the lowest range capable of
reading 1.0% or 200 ppm HC (as hexane) during a one-hour period.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58412, Nov. 1, 1993]
Sec. 85.2225 Steady state test exhaust analysis system--EPA 91.
(a) Special calendar and model year applicability. The requirements
of Sec. 85.2224 apply concurrently for tests conducted under Emission
Performance Warranty on 1995 and earlier model year vehicles or engines
until December 31, 1993, after which the requirements of this section
are solely in effect. The following exceptions apply: in a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of Sec.
85.2224 are concurrently in effect until June 30, 1994, for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of Sec. 85.2224 are concurrently in
effect until December 31, 1995, for 1995 and earlier model year vehicles
or engines.
(b) Sampling System--(1) General requirements. The sampling system
for steady state short tests consists, at a minimum, of a tailpipe
probe; a flexible sample line; a water removal system; particulate trap;
sample pump; flow control components; tachometer or dynamometer;
analyzers for HC, CO, and CO2; and digital displays for exhaust
concentrations of HC, CO, and CO2; and for engine rpm. Materials that
are in contact with the gases sampled may not contaminate or change the
character of the gases to be analyzed, including gases from alcohol-
fueled vehicles. The probe must be capable of being inserted to a depth
of at least ten inches into the tailpipe of the vehicle being tested or
into an extension boot, if one is used. A digital display for
dynamometer speed and load must be included if the test procedures
described in Sec. 85.2217 or Sec. 85.2219 are conducted. Minimum
specifications for optional NO analyzers are also described in this
section. The analyzer system must be able to test, as specified in
Sec. Sec. 85.2213, 85.2215, 85.2217, 85.2218, 85.2219, and 85.2220 all
model vehicles in service at the time of sale of the analyzer.
(2) Temperature operating range. The sampling system and all
associated hardware must be of a design certified to operate within the
performance specifications described in paragraph (c) of this section in
ambient air temperatures ranging from 41 to 110 [deg]F. The analyzer
system must, where necessary, include features to keep the sampling
system within the specified range.
(3) Humidity operating range. The sampling system and all associated
hardware must be of a design certified to operate within the performance
specifications described in paragraph (c) of this section at a minimum
of 80 percent relative humidity throughout the required temperature
range.
(4) Barometric pressure compensation. Barometric pressure
compensation must be provided. Compensation is made for elevations up to
6000 feet (above mean sea level). At any given altitude and ambient
conditions specified in paragraphs (b) (2) and (3) of this section,
errors due to barometric pressure changes of 2
inches of mercury may not exceed the accuracy limits specified in
paragraph (c) of this section.
(5) Dual sample probe requirements. When testing a vehicle with dual
exhaust pipes, a dual sample probe of a design certified by the analyzer
manufacturer to provide equal flow in each leg must be used. The equal
flow requirement is considered to be met if the flow rate in each leg of
the probe
[[Page 134]]
has been measured under two sample pump flow rates (the normal rate and
a rate equal to the onset of low flow), and if the flow rates in each of
the legs are found to be equal to each other (within 15 percent of the
flow rate in the leg having lower flow).
(6) System lockout during warmup. Functional operation of the gas
sampling unit must remain disabled through a system lockout until the
instrument meets stability and warmup requirements. The instrument is
considered ``warmed up'' when the zero and span readings for HC, CO, and
CO2 have stabilized, within 3 percent
of the full range of low scale, for five minutes without adjustment.
(7) Electromagnetic isolation and interference. Electromagnetic
signals found in an automotive service environment may not cause
malfunctions or changes in the accuracy in the electronics of the
analyzer system. The instrument design must ensure that readings do not
vary as a result of electromagnetic radiation and induction devices
normally found in the automotive service environment, including high
energy vehicle ignition systems, radio frequency transmission radiation
sources, and building electrical systems.
(8) Vibration and shock protection. System operation must be
unaffected by the vibration and shock encountered under the normal
operating conditions encountered in an automotive service environment.
(9) Propane Equivalency Factor. The Propane Equivalency Factor must
be displayed in a manner that enables it to be viewed conveniently,
while permitting it to be altered only by personnel specifically
authorized to do so.
(c) Analyzers--(1) Accuracy. The analyzers must be of a design
certified to meet the following accuracy requirements when calibrated to
the span points specified in Sec. 85.2233(e)(2):
----------------------------------------------------------------------------------------------------------------
Channel Range Accuracy Noise Repeatability
----------------------------------------------------------------------------------------------------------------
HC, as hexane........................... 0-400 12.
401-1000 30.
1001-2000 80.
CO, %................................... 0-2.00 0.06.
2.01-5.00 0.15.
5.01-9.99 0.40.
CO2, %.................................. 0-4.0 0.6.
4.1-14.0 0.5.
14.1-16.0 0.6.
NO, ppm................................. 0-1000 32.
1001-2000 60.
2001-4000 120.
----------------------------------------------------------------------------------------------------------------
(2) Minimum analyzer display resolution. The analyzer electronics
must have sufficient resolution to achieve the level of accuracy
indicated in paragraphs (c)(2)(i) through (v) of this section.
(i) HC 1 ppm HC as hexane.
(ii) CO 0.01% CO.
(iii) CO2 0.1% CO2.
(iv) NO 1 ppm NO.
(v) RPM 1 rpm.
(3) Response time. The response time from the probe to the display
for HC, CO, and CO2 analyzers may not exceed eight seconds to
90 percent of a step change in input. For NO analyzers, the response
time may not exceed twelve seconds to 90 percent of a step change in
input.
(4) Display refresh rate. Dynamic information being displayed must
be refreshed at a minimum rate of twice per second.
(5) Interference effects. The interference effects for non-interest
gases may not exceed 10 ppm for hydrocarbons,
0.05 percent for carbon monoxide, 0.20 percent for carbon dioxide, and 20 ppm for oxides of nitrogen.
(6) Low flow indication. The analyzer must provide an indication
when the sample flow is below the acceptable level. The sampling system
must be equipped with a flow meter (or equivalent) that indicates sample
flow degradation when meter error exceeds three percent of full scale,
or causes
[[Page 135]]
system response time to exceed 13 seconds to 90 percent of a step change
in input, whichever is less.
(7) Engine speed detection. The analyzer must utilize a tachometer
capable of detecting engine speed in revolutions per minute (rpm) with a
0.5 second response time and an accuracy of 3
percent of the true rpm.
(8) Test and mode timers. The analyzer must be capable of
simultaneously determining the amount of time elapsed in a test, and in
a mode within that test.
(9) Sample rate. The analyzer must be capable of measuring exhaust
concentrations of gases specified in this section at a minimum rate of
once every 0.75 second.
(d) Demonstration of conformity. The analyzer must be demonstrated
to the satisfaction of the inspection program manager, through
acceptance testing procedures, to meet the requirements of this section
and to be capable of being maintained as required in Sec. 85.2233.
[58 FR 58413, Nov. 1, 1993; 59 FR 33913, July 1, 1994]
Sec. Sec. 85.2226-85.2228 [Reserved]
Sec. 85.2229 Dynamometer--EPA 81.
(a) Applicability. The requirements of this subsection apply to
short tests conducted under Emissions Performance Warranty through
December 31, 1993. The requirements of Sec. 85.2230 apply concurrently
until December 31, 1993, after which the requirements of Sec. 85.2230
are solely in effect. The following exceptions apply: in a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of this
section are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of this section are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) The loaded test dynamometer shall be adjusted to produce a load
of 9.0 1.0 hp at 30 mph.
(c) Speed shall be measured from the dynamometer roll(s) with an
accuracy of 1.5 mph at 30 mph true roll speed.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58414, Nov. 1, 1993]
Sec. 85.2230 Steady state test dynamometer--EPA 91.
(a) Special calendar and model year applicability. The requirements
of Sec. 85.2229 apply concurrently for tests conducted under Emission
Performance Warranty on 1995 and earlier model year vehicles or engines
until December 31, 1993, after which the requirements of this section
are solely in effect. The following exceptions apply: In a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of Sec.
85.2229 are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of Sec. 85.2229 are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) The chassis dynamometer for steady state short tests must
provide the capabilities described in paragraphs (b) (1) through (7) of
this section.
(1) Power absorption. The dynamometer must be capable of applying a
load to the vehicle's driving tire surfaces at the horsepower and speed
levels specified in paragraph (c) of this section.
(2) Short-term stability. Power absorption at constant speed may not
drift more than 0.5 horsepower (hp) during any
single test mode.
(3) Roll weight capacity. The dynamometer must be capable of
supporting
[[Page 136]]
a driving axle weight up to four thousand (4,000) pounds or greater.
(4) Between roll wheel lifts. For dual-roll dynamometers, these must
be controllable and capable of lifting a minimum of four thousand
(4,000) pounds.
(5) Roll brakes. Rolls must be locked when the wheel lift is up.
(6) Speed indications. The dynamometer speed display must have a
range of 0 mph to 60 mph (or 0 kph to 100 kph), and a resolution and
accuracy of at least 1 mph (or 1 kph).
(7) Safety interlock. A roll speed sensor and safety interlock
circuit must be provided which prevents the application of the roll
brakes and upward lift movement at any roll speed above 0.5 mph (0.8
kph).
(c) The dynamometer must produce the load speed relationships
specified in Sec. Sec. 85.2217 and 85.2219.
[58 FR 58414, Nov. 1, 1993]
Sec. 85.2231 On-board diagnostic test equipment requirements.
(a) The test system interface to the vehicle shall include a plug
that conforms to SAE J1962 ``Diagnostic Connector.'' The procedure shall
be done in accordance with SAE J1962 ``Diagnostic Connector'' (JUN92).
This incorporation of reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51.
Copies of SAE J1962 may be obtained from the Society of Automotive
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.
Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air
Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 1200
Pennsylvania Ave., NW., Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(b) The test system shall be capable of communicating with the
standard data link connector of vehicles with certified OBD systems.
(c) The test system shall be capable of checking for the monitors
supported by the on-board diagnostic system and the evaluation status of
supported monitors (test complete/test not complete) in Mode $01 PID
$01, as well as be able to request the diagnostic trouble codes, as
specified in SAE J1979. In addition, the system shall have the
capability to include bi-directional communication for control of the
evaporative canister vent solenoid. SAE J1979 is incorporated by
reference and approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of all the SAE
documents cited above may be obtained from the Society of Automotive
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001.
Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air
Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 1200
Pennsylvania Ave., NW., Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(d) [Reserved]
[61 FR 40948, Aug. 6, 1996, as amended at 63 FR 24434, May 4, 1998; 66
FR 18179, Apr. 5, 2001]
Sec. 85.2232 Calibrations, adjustments--EPA 81.
(a) Applicability. The requirements of this subsection apply to
short tests conducted under Emissions Performance Warranty through
December 31, 1993. The requirements of Sec. 85.2233 apply concurrently
until December 31, 1993, after which the requirements of Sec. 85.2233
are solely in effect. The following exceptions apply: In a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of this
section are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S
[[Page 137]]
of this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of this section are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) Equipment shall be calibrated in accordance with the
manufacturers' instructions.
(c) Hourly checks. Within one hour prior to a test, the analyzers
shall be zeroed and spanned. Ambient air is acceptable as a zero gas; an
electrical span check is acceptable. Zero and span checks shall be made
on the lowest range capable of reading the short test standard.
Analyzers that perform an automatic zero/span adjustment every time a
test sequence is initiated are considered to meet the hourly checks.
(d) Daily checks. Within eight hours prior to a loaded test, the
dynamometer shall be checked for proper power absorber settings.
(e) Weekly checks--(1) Leak check. For analyzers with a separate
calibration or span port, CO readings using the span gas through the
probe and through the calibration port shall be made and compared;
discrepancies of over 3% shall require repair of leaks. No analyzer
adjustments shall be permitted during this check. The leak check and the
following gas span check may be combined into one operation.
(2) Gas span check. Within one week of the test, the analyzers shall
have been spanned using calibration gases which meet the requirements in
paragraph (d)(4) of this section and shall not have been readjusted
since to a non-conforming gas. If the analyzer reads the span gas within
2% of the span gas value or within .05% CO and 6 ppm HC (use the larger
of the two tolerances), then no adjustment of the analyzer is needed.
For this check the span gas may be introduced either through the
calibration port (if so equipped) or through the probe. This paragraph
does not prevent those who wish to always adjust the analyzer to the
exact span value from doing so.
(3) Gas span adjustment. If the analyzer fails to meet the gas span
check specifications, then the analyzer shall be adjusted by the
following procedures:
(i) For analyzers without a calibration port, perform a simple leak
check (e.g., cap the probe). Repair any leaks before continuing with
this procedure. Introduce the span gas through the probe for this
adjustment.
(ii) For analyzers with a calibration port, introduce the span gas
through the port for this adjustment.
(iii) Perform a zero adjustment and a flowing span gas adjustment.
Iterate between span and zero, as necessary, to obtain stable readings
within the gas span check specifications.
(iv) Check the electrical span without changing the zero or span
adjustments set in step (iii). If the electrical span does not match the
electrical span line or voltage level, locate the potentiometer that
controls the relationship between the gas span and the electrical span.
Adjust this control until the electrical span target is achieved.
(v) Following this procedure, if the gas span value cannot be held
within the 2% tolerance (or .05% CO and 6 ppm HC) while also meeting the
electrical span criteria, then the analysis system and calibration
bottle shall be removed from service until the problem is resolved and
the adjustment tolerance met.
(vi) Automatic analyzers that perform either a substantially similar
adjustment procedure or mathematical correction procedure are considered
to meet this adjustment procedure.
(4) Span gases. The span gas used for the weekly check shall be
traceable to NBS standards 2% and have
concentrations either:
(i) Between the standards specified in this subpart and the
jurisdiction's inspection standards for the 1981 model year light duty
vehicles, or
(ii) Within -50% to +100% of the standards in this subpart.
(f) Other checks. In addition to performing span and leak checks on
a periodic basis, these checks shall also be used to verify system
performance under the following special circumstances.
(1) Gas span check. Within one week of the test, the analyzers must
have been spanned using calibration gases which met the requirements in
paragraph (e)(4) of this section and must not have been readjusted since
to a
[[Page 138]]
non-conforming gas. If the analyzer reads the span gas within two
percent of the span gas value or within .05 percent of the CO and 6 ppm
HC (use the larger of the two tolerances), then no adjustment of the
analyzer is needed. (However, adjusting the analyzer to the exact span
value is not precluded.) For this check the span gas may be introduced
either through the calibration port, if so equipped, or through the
probe.
(2) Leak checks. Each time the sample line integrity is broken, a
leak check shall be performed prior to testing. A simple vacuum leak
check (i.e., block the probe and check for low flow) is considered
acceptable for these non-periodic checks.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58415, Nov. 1, 1993]
Sec. 85.2233 Steady state test equipment calibrations, adjustments,
and quality control--EPA 91.
(a) Special calendar and model year applicability. The requirements
of Sec. 85.2232 apply concurrently for tests conducted under Emission
Performance Warranty on 1995 and earlier model year vehicles or engines
until December 31, 1993, after which the requirements of this section
are solely in effect. The following exceptions apply: in a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of Sec.
85.2232 are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of Sec. 85.2232 are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) Equipment must be calibrated in accordance with the
manufacturers' instructions.
(c) Prior to each test--(1) Hydrocarbon hang-up check. Immediately
prior to each test the analyzer automatically performs a hydrocarbon
hang-up check. If the HC reading, when the probe is sampling ambient
air, exceeds 20 ppm, the system must be purged with clean air or zero
gas. The analyzer must be inhibited from continuing the test until HC
levels drop below 20 ppm.
(2) Automatic zero and span. The analyzer conducts an automatic zero
and span check prior to each test. The span check must include the HC,
CO, and CO2 channels and, if present, the NO channel. If zero and/or
span drift cause the signal levels to move beyond the adjustment range
of the analyzer, it must lock out from testing.
(3) Low flow. The system locks out from testing if the sample flow
is below the acceptable level as defined in Sec. 85.2225(c)(6).
(d) Leak check. A system leak check is performed within 24 hours
before the test in low volume stations (those performing less than 4,000
inspections per year) and within four hours in high-volume stations
(4,000 or more inspections per year) and may be performed in conjunction
with the gas calibration described in paragraph (e)(1) of this section.
If a leak check is not performed within the preceding 24 hours in low
volume stations and within four hours in high-volume stations or if the
analyzer fails the leak check, the analyzer must lock out from testing.
The leak check must be a procedure demonstrated to effectively check the
sample hose and probe for leaks and is performed in accordance with good
engineering practices. An error of more than 2
percent of the reading using low range span gas must cause the analyzer
to lock out from testing, and requires repair of leaks.
(e) Gas calibration. (1) On each operating day in high-volume
stations, analyzers must automatically require and successfully pass a
two-point gas calibration for HC, CO, and CO2 and must continually
compensate for changes in barometric pressure. Calibration must be
checked within four hours before the test and the analyzer adjusted if
the reading is more than two percent different from the span gas value.
In low-volume stations, analyzers must undergo a two-point calibration
within 72 hours before each test, unless changes
[[Page 139]]
in barometric pressure are compensated for automatically and statistical
process control demonstrates equal or better quality control using
different frequencies. Gas calibration is accomplished by introducing
span gas that meets the requirements of paragraph (e)(3) of this section
into the analyzer through the calibration port. No adjustment of the
analyzer is necessary if the analyzer reads the span gas within the
allowable tolerance range; that is, the square root of sum of the
squares of the span gas tolerance (described in paragraph (e)(3) of this
section) and the calibration tolerance (which is equal to two percent).
The gas calibration procedure corrects readings that exceed the
allowable tolerance range to the center of the allowable tolerance
range. The pressure in the sample cell must be the same with the
calibration gas flowing during calibration as with the sample gas
flowing during sampling. If the system is not calibrated, or the system
fails the calibration check, the analyzer must lock out from testing.
(2) Span points. A two-point gas calibration procedure must be
followed. The span is accomplished at one of the pairs of span points
listed in paragraphs (e)(2)(i) and (ii) of this section.
(i)(A) 300 ppm and 1200 ppm propane (HC).
(B) 1.0% and 4.0% carbon monoxide (CO).
(C) 6.0% and 12.0% carbon dioxide (CO2).
(D) (if equipped for nitric oxide) 1000 ppm and 3000 ppm nitric
oxide (NO).
(ii)(A) 0 ppm and 600 ppm propane (HC).
(B) 0.0% and 1.6% carbon monoxide (CO).
(C) 0.0% and 11.0% carbon dioxide (CO2)
(D) (if equipped for nitric oxide) 0 ppm and 1200 ppm nitric oxide
(NO).
(3) Span gases. The analyzed concentrations for the span gases used
for calibration must be nominally within two percent of the span points
specified in paragraph (d)(2) of this section and must be traceable to
National Institute of Standards and Technology (NIST) standards within
two percent. Zero gases must conform to the specifications given in
Sec. 86.114-79 (a)(5) of this chapter.
(f) Dynamometer checks--(1) Monthly check. Within one month
preceding each loaded test, the accuracy of the roll speed indicator
must be verified and the dynamometer must be checked for proper power
absorber settings.
(2) Semi-annual check. Within six months preceding each loaded test
as described in Sec. 85.2217, the road-load response of the variable-
curve dynamometer or the frictional power absorption of the dynamometer
must be checked by a coast down procedure similar to that described in
Sec. 86.118-78 of this chapter. The check is done at 30 mph (48 kph),
and a power absorption load setting to generate a power of 4.1
horsepower (or 3.057 kilowatts). The actual coast down time from 45 mph
to 15 mph (72 kph to 24 kph) must be within +1 second of the time
calculated by the equation in paragraph (f)(2)(i) of this section for
English system units or paragraph (f)(2)(ii) of this section for SI
units.
[GRAPHIC] [TIFF OMITTED] TR01NO93.000
where W is the total inertia weight as represented by the weight of the
rollers (excluding free rollers), and any inertia flywheels used,
measured in pounds, and P is power, measured in horsepower. If the coast
down time is not within the specified tolerance the dynamometer must be
taken out of service and corrective action must be taken.
[GRAPHIC] [TIFF OMITTED] TR01NO93.001
where W is the total inertia weight as represented by the weight of the
rollers (excluding free rollers), and any inertia flywheels used,
measured in kilograms, and P is power, measured in kilowatts. If the
coast down time is not within the specified tolerance the dynamometer
must be taken out of service and corrective action must be taken.
(g) Other checks. In addition to the other periodic checks described
in this section, those described in paragraphs (g)(1) and (2) of this
section are also used to verify system performance
[[Page 140]]
under the special circumstances described therein.
(1) Gas calibration. (i) Each time the analyzer electronic or
optical systems are repaired or replaced, a gas calibration is performed
prior to returning the unit to service.
(ii) In high-volume stations, monthly multi-point calibrations are
performed. Low-volume stations must perform multi-point calibrations
every six months. The calibration curve is checked at 20 percent, 40
percent, 60 percent, and 80 percent of full scale, and must be adjusted
or repaired if the specifications in Sec. 85.2225(c)(1) are not met.
(2) Leak checks. Each time the sample line integrity is broken, a
leak check is performed prior to testing.
[58 FR 58415, Nov. 1, 1993; 59 FR 33913, July 1, 1994]
Sec. Sec. 85.2234-85.2236 [Reserved]
Sec. 85.2237 Test report--EPA 81.
(a) Applicability. The requirements of this subsection apply to
short tests conducted under Emissions Performance Warranty through
December 31, 1993. The requirements of Sec. 85.2238 apply concurrently
until December 31, 1993, after which the requirements of Sec. 85.2238
are solely in effect. The following exceptions apply: In a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of this
section are concurrently in effect until June 30, 1994, for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of this section are concurrently in
effect until December 31, 1995, for 1995 and earlier model year vehicles
or engines.
(b) Upon failure of a short test, the vehicle's operator or owner
shall be furnished with a test report containing:
(1) Vehicle description, including either license plate or
manufacturer identification number, and odometer readings.
(2) Date of test.
(3) Name of individual or organization performing the test and
location thereof.
(4) Type of short test performed.
(5) Test results, exhaust concentrations for each mode measured.
(c) The test report shall certify that the short test was performed
in accordance with these regulations and it shall be signed by an
individual who either performed the test or has actual knowledge of the
performance of the test.
(d) For purposes of this section, ``failure of a short test'' means
that the vehicle exceeded the standards in this subpart or the
Inspection/Maintenance standards of the jurisdiction, whichever is less
stringent.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403,
58416, Nov. 1, 1993]
Sec. 85.2238 Test report--EPA 91.
(a) Special calendar and model year applicability. The requirements
of Sec. 85.2237 apply concurrently for tests conducted under Emission
Performance Warranty on 1995 and earlier model year vehicles or engines
until December 31, 1993, after which the requirements of this section
are solely in effect. The following exceptions apply: In a state where
the Administrator has approved a SIP revision providing for
implementation of a basic centralized program meeting the requirements
of part 51, subpart S of this chapter, according to the schedule
specified in Sec. 51.373 of this chapter, the requirements of Sec.
85.2237 are concurrently in effect until June 30, 1994 for 1995 and
earlier model year vehicles or engines; in a state where the
Administrator has approved a SIP revision providing for implementation
of an enhanced program meeting the requirements of part 51, subpart S of
this chapter, according to the schedule specified in Sec. 51.373 of
this chapter, the requirements of Sec. 85.2237 are concurrently in
effect until December 31, 1995 for 1995 and earlier model year vehicles
or engines.
(b) Upon failure of a short test, the vehicle's owner or operator
must be
[[Page 141]]
furnished with a test report containing the information listed in
paragraphs (b)(1) through (7) of this section.
(1) Vehicle description, including license plate number, vehicle
identification number, weight class, and odometer reading.
(2) Date and time of test.
(3) Name or identification number of the individual performing the
test and the location of the test station and lane.
(4) Type of emission test performed.
(5) Applicable emission test standards.
(6) Test results, including exhaust concentrations for each mode
measured.
(i) The reported exhaust concentrations are that pair of passing
exhaust concentrations or, if none are obtained, that pair of failing
exhaust concentrations, for which the product of HC+(151*CO) is a
minimum.
(ii) If a second-chance test is conducted the reported exhaust
concentrations are those obtained from the second-chance test.
(7) A statement indicating the availability of warranty coverage as
provided in section 207 of the Clean Air Act (42 U.S.C. 7541).
(c) The test report must certify that the short test was performed
in accordance with these regulations and, in the case of service station
based programs, it must be signed by the individual who performed the
test.
[58 FR 58416, Nov. 1, 1993]
Subpart X_Determination of Model Year for Motor Vehicles and Engines
Used in Motor Vehicles Under Section 177 and Part A of Title II of the
Clean Air Act
Source: 60 FR 4738, Jan. 24, 1995, unless otherwise noted.
Sec. 85.2301 Applicability.
The definitions provided by this subpart are effective February 23,
1995 and apply to all light-duty motor vehicles and trucks, heavy-duty
motor vehicles and heavy-duty engines used in motor vehicles, and on-
highway motorcycles as such vehicles and engines are regulated under
section 177 and Title II part A of the Clean Air Act.
Sec. 85.2302 Definition of model year.
Model year means the manufacturer's annual production period (as
determined under Sec. 85.2304) which includes January 1 of such
calendar year, provided, that if the manufacturer has no annual
production period, the term ``model year'' shall mean the calendar year.
Sec. 85.2303 Duration of model year.
A specific model year must always include January 1 of the calendar
year for which it is designated and may not include a January 1 of any
other calendar year. Thus, the maximum duration of a model year is one
calendar year plus 364 days.
Sec. 85.2304 Definition of production period.
(a) The ``annual production period'' for all models within an engine
family of light-duty motor vehicles, heavy-duty motor vehicles and
engines, and on-highway motorcycles begins either: when any vehicle or
engine within the engine family is first produced; or on January 2 of
the calendar year preceding the year for which the model year is
designated, whichever date is later. The annual production period ends
either: When the last such vehicle or engine is produced; or on December
31 of the calendar year for which the model year is named, whichever
date is sooner.
(b) The date when a vehicle or engine is first produced is the ``Job
1 date,'' which is defined as that calendar date on which a manufacturer
completes all manufacturing and assembling processes necessary to
produce the first saleable unit of the designated model which is in all
material respects the same as the vehicle or engine described in the
manufacturer's application for certification. The ``Job 1 date'' may be
a date earlier in time than the date on which the certificate of
conformity is issued.
[[Page 142]]
Sec. 85.2305 Duration and applicability of certificates of conformity.
(a) Except as provided in paragraph (b) of this section, a
certificate of conformity is deemed to be effective and cover the
vehicles or engines named in such certificate and produced during the
annual production period, as defined in Sec. 85.2304.
(b) Section 203 of the Clean Air Act prohibits the sale, offering
for sale, delivery for introduction into commerce, and introduction into
commerce, of any new vehicle or engine not covered by a certificate of
conformity unless it is an imported vehicle exempted by the
Administrator or otherwise authorized jointly by EPA and U.S. Customs
Service regulations. However, the Act does not prohibit the production
of vehicles or engines without a certificate of conformity. Vehicles or
engines produced prior to the effective date of a certificate of
conformity, as defined in paragraph (a) of this section, may also be
covered by the certificate if the following conditions are met:
(1) The vehicles or engines conform in all material respects to the
vehicles or engines described in the application for the certificate of
conformity:
(2) The vehicles or engines are not sold, offered for sale,
introduced into commerce, or delivered for introduction into commerce
prior to the effective date of the certificate of conformity;
(3) The Agency is notified prior to the beginning of production when
such production will start, and the Agency is provided full opportunity
to inspect and/or test the vehicles during and after their production;
for example, the Agency must have the opportunity to conduct selective
enforcement auditing production line testing as if the vehicles had been
produced after the effective date of the certificate.
(c) New vehicles or engines imported by an original equipment
manufacturer after December 31 of the calendar year for which the model
year was named are still covered by the certificate of conformity as
long as the production of the vehicle or engine was completed before
December 31 of that year. This paragraph does not apply to vehicles that
may be covered by certificates held by independent commercial importers
unless specifically approved by EPA.
(d) Vehicles or engines produced after December 31 of the calendar
year for which the model year is named are not covered by the
certificate of conformity for that model year. A new certificate of
conformity demonstrating compliance with currently applicable standards
must be obtained for these vehicles or engines even if they are
identical to vehicles or engines built before December 31.
(e) The extended coverage period described here for a certificate of
conformity (i.e., up to one year plus 364 days) is primarily intended to
allow flexibility in the introduction of new models. Under no
circumstances should it be interpreted that existing models may ``skip''
yearly certification by pulling ahead the production of every other
model year.
Subpart Y_Fees for the Motor Vehicle and Engine Compliance Program
Sec. 85.2401 Assessment of fees.
See 40 CFR part 1027 for the applicable fees associated with
certifying engines, vehicles, and equipment under this chapter.
[73 FR 59178, Oct. 8, 2008]
Sec. Appendixes I-VII to Part 85 [Reserved]
Sec. Appendix VIII to Part 85--Vehicle and Engine Parameters and
Specifications
a. light duty vehicle parameters and specifications
I. Basic Engine Parameters-Reciprocating
Engines.
1. Compression ratio.
2. Cranking compression pressure.
3. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
4. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Basic Engine Parameters--Rotary Engines.
1. Intake port(s).
a. Timing and overlap if exposed to the combustion chamber.
[[Page 143]]
2. Exhaust port(s).
a. Timing and overlap if exposed to the combustion chamber.
3. Cranking compression pressure.
4. Compression ratio.
III. Air Inlet System.
1. Temperature control system calibration.
IV. Fuel System.
1. General.
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibration.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibrations.
V. Injection System.
1. Control parameters and calibration.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
VI. Engine Cooling System.
1. Thermostat calibration.
VII. Exhaust Emission Control System.
1. Air injection system.
a. Control parameters and calibrations.
b. Pump flow rate.
2. EGR system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
4. Backpressure.
VIII. Evaporative Emission Control System.
1. Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
IX. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibration.
X. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
XI. Emission Control Related Warning Systems.
1. Control parameters and calibrations.
2. Component calibrations.
XII. Driveline Parameters.
1. Axle ratio(s).
b. heavy duty gasoline engine parameters and specifications
I. Basic Engine Parameters.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Air Inlet System.
1. Temperature control system calibration.
III. Fuel System.
1. General.
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibrations.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibration.
IV. Ignition System.
1. Control parameters and calibration.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
V. Engine Cooling System.
1. Thermostat calibration.
VI. Exhaust Emission Control System.
1. Air injection system.
a. Control parameters and calibrations.
b. Pump flow rate.
2. EGR system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
4. Backpressure.
VII. Evaporative Emission Control System.
[[Page 144]]
1. Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
VIII. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibrations.
IX. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibrations.
X. Emission Control Related Warning Systems.
1. Control parameters and calibrations.
2. Component calibrations.
c. heavy duty diesel engine parameters and specifications
I. Basic Engine Parameters-Four Stroke Cycle Reciprocating Engines.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
II. Basic Engine Parameters--Two-Stroke Cycle Reciprocating Engine.
1.-5. Same as Section C.I.
6. Intake port(s).
a. Timing in combustion cycle.
7. Exhaust port(s).
a. Timing in combustion cycle.
III. Air Inlet System.
1. Temperature control system calibration.
2. Maximum allowable air inlet restriction.
IV. Fuel System.
1. Fuel injection.
a. Control parameters and calibrations.
b. Transient enrichment system calibration.
c. Air-fuel flow calibration.
d. Altitude compensation system calibration.
e. Operating pressure(s).
f. Injector timing calibration.
V. Exhaust Emission Control System.
1. Maximum allowable backpressure.
VI. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibrations.
VII. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
[42 FR 28129, June 2, 1977]
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND
ENGINES--Table of Contents
Sec.
86.1 Reference materials.
Subpart A_General Provisions for Emission Regulations for 1977 and Later
Model Year New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty
Engines, and for 1985 and Later Model Year New Gasoline Fueled, Natural
Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled Heavy-
Duty Vehicles
86.000-2 Definitions.
86.000-3 Abbreviations.
86.000-7 Maintenance of records; submittal of information; right of
entry.
86.000-8 Emission standards for 2000 and later model year light-duty
vehicles.
86.000-9 Emission standards for 2000 and later model year light-duty
trucks.
86.000-16 Prohibition of defeat devices.
86.000-24 Test vehicles and engines.
86.000-26 Mileage and service accumulation; emission measurements.
86.000-28 Compliance with emission standards.
86.001-2 Definitions.
86.001-9 Emission standards for 2001 and later model year light-duty
trucks.
86.001-21 Application for certification.
86.001-22 Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment
for certification and Selective Enforcement Audit, adequacy of
limits, and physically adjustable ranges.
86.001-23 Required data.
86.001-24 Test vehicles and engines.
86.001-25 Maintenance.
86.001-26 Mileage and service accumulation; emission measurements.
86.001-28 Compliance with emission standards.
86.001-30 Certification.
86.001-35 Labeling.
86.004-2 Definitions.
86.004-9 Emission standards for 2004 and later model year light-duty
trucks.
86.004-11 Emission standards for 2004 and later model year diesel heavy-
duty engines and vehicles.
86.004-15 NO