[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR600.009-85]

[Page 881-882]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 600_FUEL ECONOMY OF MOTOR VEHICLES--Table of Contents
 
    Subpart A_Fuel Economy Regulations for 1977 and Later Model Year 
                     Automobiles_General Provisions
 
Sec. 600.009-85  Hearing on acceptance of test data.

    (a)(1) If the Administrator rejects the following:
    (i) The use of a manufacturer's fuel economy data vehicle, in 
accordance withSec. 600.008 (e) or (g), or
    (ii) The use of fuel economy data, in accordance with Sec. 600.008 
(c), or (f), or
    (iii) The determination of a vehicle configuration, in accordance 
with Sec. 600.206(a), or
    (iv) The identification of a car line, in accordance with Sec. 
600.002(a)(20), or
    (v) The fuel economy label values determined by the manufacturer 
under Sec. 600.312(a), then
    (2)(i) The manufacturer may, within 30 days following receipt of 
notification of rejection, request a hearing on the Administrator's 
decision.
    (ii) The request must be in writing, signed by an authorized 
representative of the manufacturer, and include a statement specifying 
the manufacturer's objections to the Administrator's determinations, and 
data in support of such objection.
    (iii) If, after the review of the request and supporting data, the 
Administrator finds that the request raises a substantial factual 
issue(s), the Administrator shall provide the manufacturer with an 
opportunity to request a hearing in accordance with the provisions of 
this section with respect to such issue(s).
    (b)(1) After granting a request for a hearing under paragraph (a) of 
this section the Administrator will designate a Presiding Officer for 
the hearing.
    (2) The General Counsel will represent the Environmental Protection 
Agency in any hearing under this section.
    (3) If a time and place for the hearing has not been fixed by the 
Administrator under paragraph (a) of this section the hearing will be 
held as soon as practicable at a time and place fixed by the 
Administrator or by the Presiding Officer.
    (c)(1) Upon his appointment pursuant to paragraph (a) of this 
section, the Presiding Officer shall establish a hearing file. The file 
consists of the notice issued by the Administrator under paragraph (a) 
of this section together with any accompanying material, the

[[Page 882]]

request for a hearing and the supporting data submitted therewith and 
correspondence and other data material to the hearing.
    (2) The hearing file will be available for inspection by the 
applicant at the office of the Presiding Officer.
    (d) A manufacturer may appear in person, or may be represented by 
counsel or by any other duly authorized representative.
    (e)(1) The Presiding Officer upon the request of any party, or in 
his discretion, may arrange for a prehearing conference at a time and 
place specified by the Presiding Officer to consider the following:
    (i) Simplification and clarification of the issue;
    (ii) Stipulations, admissions of fact, and the introduction of 
documents;
    (iii) Limitation of the number of expert witnesses;
    (iv) Possibility of agreement disposing of all or any of the issues 
in dispute;
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
Presiding Officer and made part of the record.
    (f)(1) Hearings shall be conducted by the Presiding Officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to the exclusion by the Presiding Officer 
of irrelevant, immaterial and repetitious evidence.
    (2) Witnesses will not be required to testify under oath. However, 
the Presiding Officer shall call to the attention of witnesses that 
their statements may be subject to the provisions of 19 U.S.C. 1001 
which imposes penalties for knowingly making false statements or 
representations, or using false documents in any matter within the 
jurisdiction of any department or agency of the United States.
    (3) Any witnesses may be examined or cross-examined by the Presiding 
Officer, the parties, or their representatives.
    (4) Hearings shall be reported verbatim. Copies of transcripts of 
proceedings may be purchased by the applicant from the reporter.
    (5) All written statements, charts, tabulations, and similar data 
offered in evidence at the hearing shall, upon a showing satisfactory to 
the Presiding Officer of their authority, relevancy, and materiality, be 
received in evidence and shall constitute a part of the record.
    (6) Oral argument may be permitted in the discretion of the 
Presiding Officer and will be reported as part of the record unless 
otherwise ordered.
    (g)(1) The Presiding Officer will make an initial decision which 
shall include written findings and conclusions and the reasons or basis 
therefore on all material issues of fact, law or discretion presented on 
the record. The findings, conclusions, and written decisions shall be 
provided to the parties and made a part of the record. The initial 
decision shall become the decision of the Administrator without further 
proceedings unless there is an appeal to the Administrator or motion for 
review by the Administrator within 20 days of the date the initial 
decision was filed.
    (2) On appeal from or review of the initial decision the 
Administrator will have all the powers which he would have in making the 
initial decision including the discretion to require or allow briefs, 
oral argument, the taking of additional evidence or the remanding to the 
Presiding Officer for additional proceedings. The decision by the 
Administration will include written findings and conclusions and the 
reasons or basis therefor on all the material issues of fact, law or 
discretion presented on the appeal or considered in the review.
    (h) A manufacturer's use of any fuel economy data which the 
manufacturer challenges pursuant to this section shall not constitute 
final acceptance by the manufacturer nor prejudice the manufacturer in 
the exercise of any appeal pursuant to this section challenging such 
fuel economy data.

[49 FR 13844, Apr. 6, 1984; 49 FR 48149, Dec. 10, 1984]