(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 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 § 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.

(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 § 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.