[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.608-88]

[Page 18-20]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES (CONTINUED)--Table of Contents
 
  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles
 
Sec. 86.608-88  Test procedures.

    (a) The prescribed test procedures are contained in subpart B of 
this part 86. For purposes of Selective Enforcement Audit testing, the 
manufacturer shall not perform any of the test procedures in subpart B 
of this part relating to evaporative emission testing, except as 
specified in paragraph (a)(2) of this section.
    (1) The Administrator may, on the basis of a written application by 
a manufacturer, prescribe test procedures other than those in subpart B 
of this part for any motor vehicle which he determines is not 
susceptible to satisfactory testing using the procedures in subpart B of 
this part.
    (2) The following exceptions to the test procedures in subpart B of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may use test fuel meeting the specifications of 
paragraph (a)(1) or (b)(2) of Sec. 86.113-82 for mileage accumulation. 
Otherwise, the manufacturer may use fuels other than those specified in 
this section only with advance approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131(a), and may drain the test fuel from other than the 
lowest point of the tank, as specified in Sec. 86.131(b), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available to the Administrator 
upon request.
    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning had been performed on 
certification test vehicles of the same configuration.
    (iv) The manufacturer shall perform the heat build procedure 11 to 
34 hours following vehicle preconditioning rather than according to the 
time period specified in paragraph Sec. 86.133(a). All references in 
Sec. 86.133 to an evaporative emission enclosure (SHED) and analyzing 
for HC during the heat build can be ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135(e): Provided, 
That the slave tires are the same size.
    (vi) The cold start exhaust emission test described in Sec. 86.137 
shall follow the heat build procedure described in Sec. 86.133 by not 
more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140.
    (A) When testing diesel vehicles, the manufacturer shall allow a 
minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2 
hours warm-up for the CO, CO2 and NOX analyzers. 
(Power is normally left on infrared and chemiluminescent analyzers. When 
not in use, the chopper motors of the infrared analyzers are turned off 
and the phototube high voltage supply to the

[[Page 19]]

chemiluminescent analyzers is placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of subpart 
G of this part.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water to the fuel system, 
allowing the pressure to stabilize, and isolating the fuel system from 
the pressure source. Following isolation of the fuel system, pressure 
must not drop more than 2.0 inches of water in 5 minutes. If required, 
the manufacturer shall perform corrective action in accordance with 
paragraph Sec. 86.608(d) and report this action in accordance with 
paragraph Sec. 86.609(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(2)(ii) of this section 
if approved in advance by the Administrator.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment, repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a lower 
engine idle speed than will be possible within the physically adjustable 
range of the idle speed parameter on the vehicle when it has accumulated 
4,000 miles, all other parameters being adjusted identically for the 
purpose of comparison. The Administrator, in making or specifying such 
adjustments, will consider the effect of the deviation from the 
manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use light-duty vehicles or light-duty trucks. In determining 
likelihood, the Administrator will consider factors such as, but not 
limited to, the effect of the adjustment on vehicle performance 
characteristics and surveillance information from similar in-use 
vehicles.
    (c) Prior to performing exhaust emission testing on an SEA test 
vehicle, the manufacturer may accumulate on each vehicle a number of 
miles equal to the greater of 4,000 miles, or the number of miles the 
manufacturer accumulated during certification on the emission-data 
vehicle corresponding to the configuration specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgment to obtain emission results representative of normal 
production vehicles. This mileage accumulation must be consistent with 
the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24 hour period, unless otherwise 
provided by the Administrator.

[[Page 20]]

    (i) The first 24 hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24 hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance or deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, That the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator. The manufacturer shall 
complete emission testing on a minimum of four vehicles per 24 hour 
period including voided tests for each available test cell at his 
testing facility: Except, That the Administrator may approve a longer 
period based upon a request by the manufacturer accompanied by 
satisfactory justification.
    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with paragraph (d) of 
Sec. 86.610 based on the first test on each vehicle; except, that the 
Administrator may approve retesting at other times during the audit 
based upon a request by the manufacturer accompanied by a satisfactory 
justification. The manufacturer may test each vehicle a total of three 
times. The manufacturer shall test each vehicle the same number of 
times. The manufacturer may accumulate additional mileage on test 
vehicles before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 44 
FR 2975, Jan. 12, 1979; 45 FR 14524, Mar. 5, 1980; 47 FR 49813, Nov. 2, 
1982; 49 FR 48482, Dec. 12, 1984. Redesignated and amended at 54 FR 
2123, Jan. 19, 1989]