[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: 40CFR610.11]

[Page 998-1000]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 610_FUEL ECONOMY RETROFIT DEVICES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 610.11  Definitions.

    (a) Except as specifically defined below, all terms used in this 
part which are defined in 40 CFR part 86 or 40 CFR part 600 shall have 
the meanings provided therein.
    (1) ``Retrofit device'' or ``device'' means:
    (i) Any component, equipment, or other device (except a flow 
measuring

[[Page 999]]

instrument or other driving aid, or lubricant or lubricant additive) 
which is designed to be installed in or on an automobile as an addition 
to, as a replacement for, or through alteration or modification of, any 
original component, or other devices; or
    (ii) Any fuel additive which is to be added to the fuel supply of an 
automobile by means other than fuel dispenser pumps; and
    (iii) Which any manufacturer, dealer, or distributor of such device 
represents will provide higher fuel economy than would have resulted 
with the automobile as originally equipped, as determined under rules of 
the Administrator.
    (2) ``Automobile'' means any four-wheeled vehicle propelled by fuel 
which is manufactured primarily for use on public streets, roads, and 
highways (except any vehicle operated exclusively on a rail or rails), 
and which is rated at 6,000 lbs. gross vehicle weight or less.
    (3) ``Fuel economy'' means the average number of miles traveled by 
an automobile per gallon of gasoline (or equivalent amount of other 
fuel) consumed, as determined by the Administrator in accordance with 
procedures established under subpart D or F.
    (4) ``Manufacturer'' means a person or company which is engaged in 
the business of producing or assembling, and which has primary control 
over the design specifications, of a retrofit device for which a fuel 
economy improvement claim is made.
    (5) ``Retrofit'' means the addition of a new item, modification or 
removal of an existing item of equipment beyond that of regular 
maintenance, on an automobile after its initial manufacture.
    (6) ``Federal Test Procedure'' or ``City Fuel Economy Test'' means 
the test procedures specified in 40 CFR part 86, except as those 
procedures are modified in these protocols.
    (7) ``Highway Fuel Economy Test'' means the test procedure described 
in Sec. 600.111(b).
    (8) ``Operator'' means any person who installs, services or 
maintains a retrofit device in an automobile or who operates an 
automobile with a retrofit device installed.
    (9) ``Device integrity'' means the durability of a device and effect 
of its malfunction on vehicle safety or other parts of the vehicle 
system.
    (10) ``Test data'' means any information which is a quantitative 
measure of any aspect of the behavior of a retrofit device.
    (11) ``Testing agent'' means any person who develops test data on a 
retrofit device.
    (12) ``Preconditioning'' means the operation of an automobile 
through one (1) EPA Urban Dynamometer Driving Schedule, described in 40 
CFR part 86.
    (13) ``Configuration'' means the mechanical arrangement, calibration 
and condition of a test automobile, with particular respect to 
carburetion, ignition timing, and emission control systems.
    (14) ``Baseline configuration'' means the unretrofitted test 
configuration, tuned in accordance with the automobile manufacturer's 
specifications.
    (15) ``Adjusted configuration'' means the test configuration after 
adjustment of engine calibrations to the retrofit specifications, but 
excluding retrofit hardware installation.
    (16) ``Retrofitted configuration'' means the test configuration 
after adjustment of engine calibrations to the retrofit specifications 
and after all retrofit hardware has been installed.
    (17) ``Data fleet'' means a fleet of automobiles tested at ``zero 
device-miles'' in ``baseline configuration,'' the ``retrofitted 
configuration'' and in some cases the ``adjusted configuration,'' in 
order to determine the changes in fuel economy and exhaust emissions due 
to the ``retrofitted configuration,'' and where applicable the changes 
due to the ``adjusted configuration,'' as compared to the fuel economy 
and exhaust emissions of the ``baseline configuration.''
    (18) ``Durability fleet'' means a fleet of automobiles operated for 
mileage accumulation used to assess deterioration effects associated 
with the retrofit device.
    (19) ``Zero device-miles'' means the period of time between retrofit 
installation and the accumulation of 100 miles of automobile operation 
after installation.

[[Page 1000]]

    (20) ``Independent laboratory'' means a test facility operated 
independently of any motor vehicle, motor vehicle engine, or retrofit 
device manufacturer capable of performing retrofit device evaluation 
tests. Additionally, the laboratory shall have no financial interests in 
the outcome of these tests other than a fee charged for each test 
performed.
    (21) ``Evaluation program'' or ``program'' means the sequence of 
analyses and tests prescribed by the Administrator as described in Sec. 
610.13 in order to evaluate the performance of a retrofit device.
    (22) ``Preliminary analysis'' means the engineering analysis 
performed by EPA prior to testing prescribed by the Administrator based 
on data and information submitted by a manufacturer or available from 
other sources.

[44 FR 17946, Mar. 23, 1979, as amended at 49 FR 18489, May 1, 1984]