---
kind: "section"
citation: "40 C.F.R. § 85.1502"
title: "40"
number: "85.1502"
heading: "Definitions."
url: "https://uscodex.org/cfr/40/85.1502"
---

# §85.1502. Definitions.

- (a) As used in this subpart, all terms not defined herein have the meanings given them in [19 CFR 12.73](/cfr/19/12.73.md), in the Clean Air Act, as amended, and elsewhere in parts [85](/cfr/40/part85.md) and [86](/cfr/40/part86.md) of this chapter.
  - (1) **Act.** The Clean Air Act, as amended ([42 U.S.C. 7401](/usc/42/7401.md) 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)](/cfr/40/206.md?p=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](/cfr/40/part86.md) applicable at the time of an emissions test conducted pursuant to this subpart.
  - (6) **FTP.** The Federal Test Procedure at [part 86](/cfr/40/part86.md).
  - (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 [§ 85.1505](/cfr/40/85.1505.md), [§ 85.1509](/cfr/40/85.1509.md) or the applicable provisions of [§ 85.1512](/cfr/40/85.1512.md). Excluded from this definition are vehicles admitted under provisions of [§ 85.1512](/cfr/40/85.1512.md) 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 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](/cfr/40/part86.md) 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 [§ 85.1505](/cfr/40/85.1505.md) or [§ 85.1509](/cfr/40/85.1509.md).
  - (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]

## Notes

### Amendments

[52 FR 36156, Sept. 25, 1987, as amended at 61 FR 5842, Feb. 14, 1996; 70 FR 40430, July 13, 2005]

### Authority

Authority: 42 U.S.C. 7522, 7525, 7541, 7542(a) and 7601(a).

### Source

Source: 52 FR 36156, Sept. 25, 1987, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Amendments

[52 FR 36156, Sept. 25, 1987, as amended at 61 FR 5842, Feb. 14, 1996; 70 FR 40430, July 13, 2005]