[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.57-9]

[Page 98-99]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                   Subpart B--Portable Air Compressors
 
Sec. 204.57-9  Prohibition of distribution in commerce; manufacturer's remedy.

    (a) The Administrator will permit the cessation of continued testing 
under Sec. 204.57-8 once the manufacturer has taken the following 
actions:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the compressors, describes the 
problem, and describes the proposed quality control and/or quality 
assurance remedies to be taken by the manufacturer to correct the 
problem or follows the requirements for an engineering change. Such 
requirements include the following:
    (i) Any change to a configuration with respect to any of the 
parameters stated in Sec. 204.55-3 shall constitute the addition of a 
new and separate configuration or category to the manufacturer's product 
line.
    (ii) When a manufacturer introduces a new category or configuration 
to his product line, he shall proceed in accordance with Sec. 204.55-2.
    (iii) If the configuration to be added can be grouped within a 
verified category and the new configuration is estimated to have a lower 
sound level than a previously verified configuration with the same 
category, the configuration shall be considered verified.
    (2) Demonstrates that the specified compressor category, 
configuration or subgroup thereof has passed a retest conducted in 
accordance with Sec. 204.57 and the conditions specified in the initial 
test request.
    (3) The manufacturer may begin testing under paragraph (a)(2) of 
this section, upon submitting such report, and may cease continued 
testing upon making the demonstration required by paragraph (a)(2) of 
this section: Provided, That the Administrator may require resumption of 
contined testing if he determines that the manufacturer has not 
satisfied the requirements of

[[Page 99]]

paragraphs (a) (1) and (2) of this section.
    (4) In lieu of paragraphs (a) (1) and (2) of this section, the 
Administrator will permit the cessation of continued testing under 
Sec. 204.57-8 with respect to any subgroup of a nonconforming category 
or configuration if the manufacturer demonstrates to the satisfaction of 
the Administrator that such subgroup does not exhibit the cause of the 
nonconformity of such category or configuration.
    (b) Any compressor failing the prescribed noise emission tests 
conducted pursuant to this Subpart B may not be distributed in commerce 
until necessary adjustments or repairs have been made and the compressor 
passes a retest.
    (c) No compressors of a rejected batch which are still in the hands 
of the manufacturer may be distributed in commerce unless the 
manufacturer has demonstrated to the satisfaction of the Administrator 
that such compressors do, in fact, conform to the regulations; except, 
that any compressor that has been tested and does, in fact, conform with 
these regulations may be distributed in commerce.

(Secs. 6, 10, 13, Pub. L. 92-574 (42 U.S.C. 4909 and 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 
FR 57712, Dec. 28, 1982]