[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1502]

[Page 545-546]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
   Subpart P--Importation of Motor Vehicles and Motor Vehicle Engines
 
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 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 Customs territory of 
the United States as defined in 19 U.S.C. 1202, and the Virgin Islands, 
Guam, American Samoa and the Commonwealth of the Northern Mariana 
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

[[Page 546]]

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]