40 CFR § 610.35 - Driveability and performance tests.

---
identifier: "/us/cfr/t40/s610.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 610.35 - Driveability and performance tests."
title_number: 40
title_name: "Protection of Environment"
section_number: "610.35"
section_name: "Driveability and performance tests."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "Q"
subchapter_name: "ENERGY POLICY"
part_number: "610"
part_name: "FUEL ECONOMY RETROFIT DEVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 511, Motor Vehicle Information and Cost Savings Act, as amended (sec. 301, Pub. L. 94-163, 89 Stat. 915 (15 U.S.C. 2011))."
regulatory_source: "44 FR 17946, Mar. 23, 1979, unless otherwise noted."
cfr_part: "610"
---


# 610.35 Driveability and performance tests.

If the Administrator determines that driveability and performance of a vehicle may be adversely affected by the use of a device, a number of automobiles to be determined by the Administrator will be subjected to the driveability and performance tests discussed in §§ 610.62 and 610.63, respectively.