Terms Used In 29 CFR Part 782 - Exemption From Maximum Hours Provisions for Certain Employees of Motor Carriers

• Adjusted configuration: means the test configuration after adjustment of engine calibrations to the retrofit specifications, but excluding retrofit hardware installation. See 40 CFR 610.11
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• City Fuel Economy Test: means the test procedures specified in 40 CFR part 86, except as those procedures are modified in these protocols. See 40 CFR 610.11
• Configuration: means the mechanical arrangement, calibration and condition of a test automobile, with particular respect to carburetion, ignition timing, and emission control systems. See 40 CFR 610.11
• Contract: A legal written agreement that becomes binding when signed.
• 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. See 40 CFR 610.11

• Docket: A log containing brief entries of court proceedings.
• Durability fleet: means a fleet of automobiles operated for mileage accumulation used to assess deterioration effects associated with the retrofit device. See 40 CFR 610.11
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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. See 40 CFR 610.11
• Highway Fuel Economy Test: means the test procedure described in § 600. See 40 CFR 610.11
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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. See 40 CFR 610.11
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Preconditioning: means the operation of an automobile through one (1) EPA Urban Dynamometer Driving Schedule, described in 40 CFR part 86. See 40 CFR 610.11
• 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. See 40 CFR 610.11
• program: means the sequence of analyses and tests prescribed by the Administrator as described in § 610. See 40 CFR 610.11
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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. See 40 CFR 610.11
• Retrofitted configuration: means the test configuration after adjustment of engine calibrations to the retrofit specifications and after all retrofit hardware has been installed. See 40 CFR 610.11
• Statute: A law passed by a legislature.
• Test data: means any information which is a quantitative measure of any aspect of the behavior of a retrofit device. See 40 CFR 610.11
• Zero device-miles: means the period of time between retrofit installation and the accumulation of 100 miles of automobile operation after installation. See 40 CFR 610.11