Code of Federal Regulations: Containing a Codification of Documents of ...

under this section on any additive registered for such manufacturer. He may not require any test as a prerequisite of registration unless it is part of a test protocol established by regulation a reasonable time prior to notification by the manufacturer.

§ 79.7 Samples for test purposes.

When the Administrator requires for test purposes a fuel or additive which is not readily available in the open market, he may request the manufacturer of such fuel or additive to furnish a sample in a reasonable quantity. The fuel or additive manufacturer shall comply with such request within 30 days.

§ 79.8 Penalties.

Any person who violates section 211(a) of the Act or who fails to furnish any information required under this part shall forfeit and pay to the United States a civil penalty of $10,000 for each and every day of the continuance of such violation, which shall accrue to the United States and be recovered in a civil suit in the name of the United States, brought in the district in which such person does business. The Administrator may, upon application therefor, remit or mitigate any such forfeiture; and he shall have authority to determine the facts upon all such applications.

Subpart B-Fuel Registration Procedures

§ 79.10 Notification of fuel manufacturer.

Any manufacturer of a designated fuel who wishes to have such fuel registered shall notify the Administrator in accordance with § 79.11 at least 60 days prior to the date prescribed for such fuel in Subpart D or, after such prescribed date, at least 30 days prior to the date on which such fuel manufacturer proposes to begin to sell, offer for sale, or introduce into commerce such fuel. If a fuel manufacturer produces more than one grade or brand of a designated fuel, only one notification or report is required for that designated fuel, showing highest, lowest, and average values for all such grades or brands. Each notification shall be

signed by the fuel manufacturer or his agent and shall be submitted on such forms as the Administrator will supply on request.

§ 79.11 Information and assurances to be provided by the fuel manufacturer.

Each notification submitted by a fuel manufacturer shall include the following:

(a) The commercial identifying name of each additive that will or may be used in a designated fuel subsequent to the date prescribed for such fuel in Subpart D;

(b) The name of the additive manufacturer of each additive named;

(1) In the case of an additive which has been or is being used in the designated fuel, the range during any 3month or longer period prior to the date of submission;

(2) In the case of an additive which has not been used in the designated fuel, the expected or estimated range;

(d) The purpose-in-use of each additive named;

(e) The description (or identification, in the case of a generally accepted method) of a suitable analytical technique (if one is known) that can be used to detect the presence of each named additive in the designated fuel and/or to measure its concentration therein;

(f) Such other data and information as are specified in the designation of the fuel in Subpart D;

(g) Assurances that the fuel manufacturer will notify the Administrator in writing and within a reasonable time of any change in:

(1) The name of any additive previously reported;

(2) The name of the manufacturer of any additive being used;

(3) The purpose-in-use of any additive;

(4) Information submitted pursuant to paragraph (e) of this section;

(h) Assurances that the fuel manufacturer will not represent, directly or indirectly, in any notice, circular, letter, or other written communication, or any written, oral, or pictorial notice or other announcement in any

publication or by radio or television, that registration of the fuel constitutes endorsement, certification, or approval by any agency of the United States.

§ 79.12 Determination of noncompliance. Whenever the Administrator determines that a notification fails to comply with the regulations of this part, he shall within 30 days of receipt of the notification (in the case of registration prior to the date prescribed for the fuel in Subpart D, by such prescribed date) inform the noncomplying fuel manufacturer of the reasons for such determination.

[41 FR 21324, May 25, 1976]

§ 79.13 Registration.

(a) If the provisions of this part requiring the submission of information and the giving of assurances have been complied with for a particular fuel, the Administrator shall, within 30 days of receipt of the notification (in the case of registration prior to the date prescribed for the fuel in Subpart D, by such prescribed date), register that fuel and notify the fuel manufacturer of such registration.

(b) The Administrator shall maintain a list of registered fuels, which shall be available to the public upon request.

[40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976]

879.14 Termination of registration of fuels.

Registration may be terminated by the Administrator if the fuel manufacturer requests such termination in writing.

Subpart C-Additive Registration Procedures

879.20 Notification by additive manufacturer.

Except as provided in § 79.23(b), any manufacturer of a designated additive who wishes to have such additive registered shall notify the Administrator in accordance with § 79.21 at least 150 days prior to the date prescribed for such additive in Subpart D or, after

such prescribed date, at least 30 days prior to the date on which such additive manufacturer proposes to begin to sell, offer for sale, or introduce into commerce such additive. Each notification shall be signed by the additive manufacturer or his agent and shall be submitted on such forms as the Administrator will supply upon request.

[40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976]

§ 79.21 Information and assurances to be provided by the additive manufacturer. Each notification submitted by an additive manufacturer shall include the following:

(a) The chemical composition of the additive with the methods of analysis identified, except that

(1) If the chemical composition is not known, full disclosure of the chemical process of manufacture will be accepted in lieu thereof;

(2) In the case of an additive for engine oil, only the name, percentage by weight, and method of analysis of each element in the additive are required provided, however, that a percentage figure combining the percentages of carbon, hydrogen, and/or oxygen may be provided unless the breakdown into percentages for these individual elements is already known to the registrant.

(3) In the case of a purchased component, only the name, manufacturer, and percent by weight of such purchased component are required if the manufacturer of the component will, upon request, furnish the Administrator with the chemical composition thereof.

(b) The chemical structure of each compound in the additive if such structure is known and is not adequately specified by the name given under "chemical composition." Nominal identification is adequate if mixed isomers are present.

(c) The description (or identification, in the case of a generally accepted method) of a suitable analytical technique (if one is known) that can be used to detect the presence of the additive in any fuel named in the designation and/or to measure its concentration therein.

(d) Fuels in which the use of the additive is recommended and the manufacturer's recommended range of concentration and purpose-in-use in each.

(e) Such other data and information as are specified in the designation of the additive in Subpart D.

(f) Assurances that any change in information submitted pursuant to (1) paragraphs (a), (b), (c), and (d) of this section will be provided to the Administrator in writing within 30 days of such change; and (2) paragraph (e) of this section as provided in § 79.5(b).

(g) Assurances that the additive manufacturer will not represent, directly or indirectly, in any notice, circular, letter, or other written communication or any written, oral, or pictorial notice or other announcement in any publication or by radio or television, that registration of the additive constitutes endorsement, certification, or approval by any agency of the United States.

[40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976]

§ 79.22 Determination of noncompliance.

Whenever the Administrator determines that a notification fails to comply with the regulations of this part, he shall within 30 days of the receipt of the notification (in the case of registration prior to the date prescribed for the additive in Subpart D, by such prescribed date) inform the noncomplying additive manufacturer of the reasons for such determination. [41 FR 21324, May 25, 1976]

§ 79.23 Registration.

(a) If the provisions of this part requiring the submission of information and the giving of assurances have been complied with for a particular additive, the Administrator shall, within 30 days of receipt of the notification (in the case of registration prior to the date prescribed for the additive in Subpart D, by such prescribed date), register that additive and notify the additive manufacturer of such registration.

(b) Any additive which had been registered under the provisions of this part prior to the promulgation date of these regulations shall be deemed reg

(a) All additives produced or sold for use in motor vehicle gasoline and/or motor vehicle diesel fuel are hereby designated. The Act defines the term "motor vehicle" to mean any self-propelled vehicle designed for transporting persons or property on a street or highway. For purposes of this registration, however, additives specifically manufactured and marketed for use in motorcycle fuels are excluded.

(b) All designated additives must be registered by July 7, 1976, except as provided in § 79.23(b).

facturer as a result of testing conducted for reasons other than additive registration or reporting purposes, the additive manufacturer shall furnish the highest, lowest, and average values of the impurities in each designated additive, if greater than 0.1 percent by weight. The methods of analysis in making the determinations shall also be given.

(d) In accordance with §§ 79.5(b) and 79.21(e), and to the extent such information is known to the additive manufacturer, he shall furnish summaries of any information developed by or specifically for him concerning the following items:

(1) Mechanisms of action of the additive;

(2) Reactions between the additive and the fuels listed in paragraph (a) of this section;

(3) Identification and measurement of the emission products of the additive when used in the fuels listed in paragraph (a) of this section;

(4) Effects of the additive on all emissions;

(5) Toxicity and any other public health or welfare effects of the emission products of the additive;

(6) Effects of the emission products of the additive on the performance of emission control devices/systems. Such submissions shall be accompanied by a description of the test procedures used in obtaining the information. Information will be considered to be known to the additive manufacturer if a report thereon has been prepared and circulated or distributed outside the research department or division.

(Secs. 211, 301(a), Clean Air Act as amended (40 U.S.C. 7545, 7601(a)))

[40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976; 43 FR 28490, June 30, 1978]

§ 79.32 Motor vehicle gasoline.

(a) The following fuels commonly or commercially known or sold as motor vehicle gasoline are hereby individually designated:

(1) Motor vehicle gasoline, unleaded-motor vehicle gasoline that contains no more than 0.05 gram of lead per gallon;

(2) Motor vehicle gasoline, leaded, premium-motor vehicle gasoline that contains more than 0.05 gram of lead per gallon and is sold as "premium;"

(3) Motor vehicle gasoline, leaded, non-premium-motor vehicle gasoline that contains more than 0.05 gram of lead per gallon but is not sold as "premium."

The Act defines the term "motor vehicle" to mean any self-propelled vehicle designed for transporting persons or property on a street or highway. For purposes of this registration, however, gasoline specifically blended and marketed for motorcycles is excluded.

(b) All designated motor vehicle gasolines must be registered by September 7, 1976.

(c) In accordance with §§ 79.5(a)(2) and 79.11(f), and to the extent such information is known to the fuel manufacturer as a result of testing conducted for reasons other than fuel registration or reporting purposes, the fuel manufacturer shall furnish the data listed below. The highest, lowest, and average values of the listed characteristics/properties are to be reported. For initial registration, data shall be given for any 3-month or longer period prior to the date of submission. For annual reports thereafter, data shall be for the calendar year, except that if the first required annual report covers a period of less than a year, the data may be for such shorter period.

(1) Hydrocarbon composition (aromatic content, olefin content, saturate content), with the methods of analysis identified;

(2) Polynuclear organic material content, sulfur content, and trace element content, with the methods of analysis identified;

(3) Reid vapor pressure;

(4) Distillation temperatures (10 percent point, end point);

(5) Research octane number and motor octane number.

(d) In accordance with §§ 79.5(a)(2) and 79.11(f), and to the extent such information is known to the fuel manufacturer, he shall furnish summaries of any information developed by or specifically for him concerning the following items:

(1) Mechanisms of action of each additive he reports;

(2) Reactions between such additives and motor vehicle gasoline;

(3) Identification and measurement of the emission products of such additives when used in motor vehicle gasoline;

(4) Effects of such additives on all emissions;

(5) Toxicity and any other public health or welfare effects of the emission products of such additives;

(6) Effects of the emission products of such additives on the performance of emission control devices/systems. Such submissions shall be accompanied by a description of the test procedures used in obtaining the information. Information will be considered to be known to the fuel manufacturer if a report thereon has been prepared and circulated or distributed outside the research department or division. [40 FR 52011, Nov. 7, 1975, as amended at 41 FR 21324, May 25, 1976]

§ 79.33

Motor vehicle diesel fuel.

(a) The following fuels commonly or commercially known or sold as motor vehicle diesel fuel are hereby individually designated:

(1) Motor vehicle diesel fuel, grade 1-D;

(2) Motor vehicle diesel fuel, grade 2-D.

The Act defines the term "motor vehicle" to mean any self-propelled vehicle designed for transporting persons or property on a street or highway.

(b) All designated motor vehicle diesel fuels must be registered within 12 months after promulgation of this part.

be for the calendar year, except that if the first required annual report covers a period of less than a year, the data may be for such shorter period.

(1) Hydrocarbon composition (aromatic content, olefin content, saturate content), with the methods of analysis identified;

(2) Polynuclear organic material content, sulfur content, and trace element content, with the methods of analysis identified;

(3) Distillation temperatures (90 percent point, end point);

(4) Cetane number or cetane index;

(1) Mechanisms of action of each additive he reports;

(2) Reactions between such additives and motor vehicle diesel fuel;

(3) Identification and measurement of the emission products of such additives when used in motor vehicle diesel fuel;

(4) Effects of such additives on all emissions;

(5) Toxicity and any other public health or welfare effects of the emission products of such additives.

Such submission shall be accompanied by a description of the test procedures used in obtaining the information. Information will be considered to be known to the fuel manufacturer if a report thereon has been prepared and circulated or distributed outside the research department or division.

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