[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: 40CFR205.157-2]

[Page 131]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                         Subpart D--Motorcycles
 
Sec. 205.157-2  Compliance with standards.

    (a)(1) Prior to distribution in commerce of vehicles of a specific 
configuration, the first manufacturer of such vehicle must verify such 
configurations in accordance with the requirements of this subpart.
    (2) [Reserved]
    (3) At any time following receipt of notice under paragraph 
(a)(2)(iii) of this section with respect to a configuration, the 
Administrator may require that the manufacturer ship test vehicles to an 
EPA test facility for the required production verification testing.
    (b) The requirements for purposes of testing by the Administrator 
and selective enforcement auditing with regard to each vehicle 
configuration consist of:
    (1) Testing in accordance with Sec. 205.160-4 of a vehicle selected 
in accordance with Sec. 205.160-2.
    (2) Compliance of the test vehicle with the applicable standard when 
tested in accordance with Sec. 205.160-4.
    (c)(1) In lieu of testing vehicles of every configuration as 
described in paragraph (b) of this section, the manufacturer may elect 
to verify the configuration based on representative testing. The 
requirements of representative testing are:
    (i) Grouping configurations into categories where each category is 
determined by a separate combination of at least the following 
parameters (a manufacturer may use more parameters):
    (A) Engine type: (1) Gasoline-two stroke; (2) gasoline-four stroke; 
(3) gasoline-rotary; and (4) other.
    (B) Engine displacement.
    (C) Engine configuration: (1) Number of cylinders; and (2) cylinder 
arrangement (i.e., in line, opposed, etc.)
    (ii) Identifying the configuration within each category which emits 
the highest A-weighted sound level (in dB).
    (iii) Testing in accordance with Sec. 205.160-4 of a vehicle 
selected in accordance with Sec. 205.160-2 which much be a vehicle of 
the configuration which is identified pursuant to paragraph (c)(1)(ii) 
of this section as having the highest sound pressure level (estimated or 
actual) within the category.
    (iv) Demonstrating compliance of that vehicle with the applicable 
standard when tested in accordance with the test procedure specified in 
Appendix I.
    (2) Where the requirements of paragraph (c)(1) of this section are 
complied with, all those configurations contained within a category are 
considered represented by the tested vehicle.
    (3) Where the manufacturer tests a vehicle configuration which has 
not been determined as having the highest sound pressure level of a 
category, but all other requirements of paragraph (c)(1) of this section 
are complied with, all those configurations contained within that 
category which are determined to have sound pressure levels not greater 
than the tested vehicle are considered to be represented by the tested 
vehicle; however, a manufacturer must for purposes of Testing by the 
Administrator and Selective Enforcement Auditing verify according to the 
requirements of (b)(1) and/or (c)(1) of this section any configurations 
in the subject category which have a higher sound pressure level than 
the vehicle configuration tested.
    (d) A manufacturer may elect for purposes of Testing by the 
Administrator and Selective Enforcement Auditing to use representative 
testing pursuant to paragraph (c) of this section for all or part of his 
product line.
    (e) The manufacturer has the following alternatives if any test 
vehicle is determined to not be in compliance with applicable standards:
    (1) In the case of representative testing, a new test vehicle from 
another configuration must be selected according to the requirements of 
paragraph (c) of this section, in order to verify the configurations 
represented by the non-compliant vehicle.
    (2) Modify the test vehicle and demonstrate by testing that it meets 
applicable standards. The manufacturer must modify all production 
vehicles of the same configuration in the same manner as the test 
vehicle before distribution into commerce.

[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]

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