[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: 40CFR205.159]

[Page 133-134]
 
                   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. 205.159  Testing by the Administrator.

    (a)(1) In order for the Administrator to determine whether such 
vehicles or a manufacturer's test facility conform to applicable 
regulations, the Administrator may require that vehicles to be tested 
pursuant to the Act be submitted to him, at such place and time as he 
reasonably designates. He may designate the quantity of vehicles and the 
duration of time he reasonably requires for the purpose of conducting 
tests in accordance with test procedures described in appendix I. The 
manner in which the Administrator conducts such tests, the EPA test 
facility, and the test procedures employed will be based upon good 
engineering practice and meet or exceed the requirements of appendix I 
of the regulations.
    (2) If the Administrator specifies that he will conduct such testing 
at the manufacturer's facility, the manufacturer shall make available 
instrumentation and equipment of the type required for test operations 
by these regulations. The Administrator may conduct such tests with his 
own equipment, having specifications equal to or exceeding the 
performance specifications of the instrumentation and equipment required 
in these regulations.
    (3) The manufacturer may observe tests conducted by the 
Administrator pursuant to this section on vehicles produced by the 
manufacturer and may copy the data accumulated from such tests. The 
manufacturer may inspect any of the vehicles before and after testing by 
the Administrator.
    (b)(1) If, based on tests conducted by the Administrator, or on 
other relevant information, the Administrator determines that the test 
facility does not meet the requirements of appendix I (or the 
requirements for an alternative test procedure approved under 
Sec. 205.154), the Administrator will give notice to the manufacturer in 
writing of his determination and the reasons underlying it.
    (2) The manufacturer may, at any time within 15 days after receipt 
of a notice issued under paragraph (b)(1) of this section, request a 
hearing conducted in accordance with 5 U.S.C. 554 on the issue of 
whether his test facility met the requirements as specified in appendix 
I (or the alternative procedure). Such notice will not take effect until 
15 days after its receipt by the manufacturer or, if a hearing is 
requested under this paragraph, until adjudication by the Administrative 
law judge.
    (3) After any notice issued under paragraph (b)(1) of this section 
has taken effect, no data thereafter derived from that test facility 
will be acceptable for purposes of this subpart.
    (4) The manufacturer may request in writing that the Administrator 
reconsider his determination under paragraph (b)(1) of this section 
based on data or information which indicates

[[Page 134]]

that changes have been made to the test facility and that those changes 
have resolved the reasons for disqualification.
    (5) Within 10 working days after receipt of the manufacturer's 
request for reconsideration pursuant to paragraph (b)(4) of this 
section, the Administrator will notify the manufacturer of his 
determination and of the reasons underlyng it with regard to the 
requalification of the test facility.
    (c) The Administrator will assume all reasonable costs associated 
with shipment of vehicles to the place designated pursuant to paragraph 
(a) of this section except with respect to:
    (1) Any production verification testing performed at a place other 
than the manufacturer's facility as provided in Sec. 205.157-2(a), or as 
a result of the manufacturer's not owning or having access to a test 
facility;
    (2) Testing of a reasonable number of vehicles (i) for purposes of 
selective enforcement auditing under Sec. 205.160, (ii) or if the 
manufacturer has failed to establish that there is a correlation between 
its test facility and the EPA test facility, (iii) or the Administrator 
has reason to believe, and provides the manufacturer with a statement of 
such reason, that the vehicles to be tested would fail to meet the 
standard prescribed in this subpart if tested at the EPA test facility 
even though they would meet such standard if tested at the 
manufacturer's test facility;
    (3) Any testing performed during a period when a notice issued 
pursuant to paragraph (b) of this section is in effect;
    (4) Any testing performed at a place other than the manufacturer's 
facility as a result of the manufacturer's failure to permit the 
Administrator to conduct or monitor testing as required by this subpart; 
and
    (5) Testing of up to 10 percent of the manufacturer's test vehicles 
for a model year if the Administrator determines testing these vehicles 
at the EPA test site is necessary to assure that a manufacturer has 
acted or is acting in compliance with the Act.

[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]