[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: 40CFR205.160-1]

[Page 134-135]
 
                   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. 205.160-1  Test request.

    (a) The Administrator will request all testing under Sec. 205.160 by 
means of a test request addressed to the manufacturer.
    (b) The test request will be signed by the Assistant Administrator 
for Enforcement or his designee. The test request will be delivered to 
the plant manager or other responsible official as designated by the 
manufacturer.
    (c) The test request will specify the vehicle category, 
configuration or configuration subgroup selected for testing, the 
manufacturer's plant or storage facility from which the vehicles must be 
selected, and the time at which the vehicles must be selected. The test 
request will also provide for situations in which the selected category, 
configuration, or configuration subgroup is unavailable for testing. The 
test request may include an alternative category, configuration, or 
configuration subgroup designated for testing in the event that vehicles 
of the first specified category, configuration, or configuration 
subgroup are not available for testing because the vehicles are not 
being manufactured at the specified plant, are not being manufactured 
during the specified time, or are not being stored at the specified 
plant or storage facility.
    (d)(1) If the manufacturer projects a yearly production of fewer 
than 50 vehicles of the specified category, configuration or 
configuration subgroup to be tested, then within five (5) days of 
receipt of the request, the manufacturer must notify the Administrator 
of such low volume production. The Administrator will then provide a 
revised test request specifying a testing plan which imposes no greater 
risk of failure (5%) at the acceptable quality level (10%) than the plan 
in Appendix II. Upon receipt of the revised test request, the 
manufacturer must select and test a sample of vehicles from the 
category, configuration or configuration subgroup specified in the test 
request in accordance with this subpart and the conditions specified in 
the test request.

[[Page 135]]

    (2) If the manufacturer produces 50 or more vehicles of the 
specified category, configuration or configuration subgroup per year, 
then upon receipt of the test request, the manufacturer must select and 
test a sample of vehicles from the category, configuration or 
configuration subgroup specified in the test request in accordance with 
this subpart and the conditions specified in the test request.
    (e)(1) Any testing conducted by the manufacturer under a test 
request must be initiated within the time period specified in the test 
request; except that initiation may be delayed for increments of 24 
hours or one business day where ambient test site weather conditions, or 
other conditions beyond the control of the manufacturer, in that 24-hour 
period, do not permit testing. The manufacturer must record the 
conditions for this period.
    (2) The manufacturer must complete noise emission testing on a 
minimum of ten vehicles per day unless otherwise provided by the 
Administrator or unless ambient test site conditions permit only the 
testing of a lesser number in which case the ambient test site weather 
conditions for that period must be recorded.
    (3) The manufacturer is allowed 24 hours to ship vehicles from a 
sample from the assembly plant to the testing facility if the facility 
is not located at the plant or in close proximity to the plant. The 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) The Administrator may issue an order to the manufacturer to 
cease distribution in commerce of vehicles of a specified category, 
configuration, or configuration subgroup being manufactured at a 
particular facility, if:
    (1) The manufacturer refuses to comply with the provisions of a test 
request issued by the Administrator under this section; or
    (2) The manufacturer refuses to comply with any of the requirements 
of this section.
    (g) A cease distribution order will not be issued under paragraph 
(f) of this section if the manufacturer's refusal is caused by 
conditions and circumstances outside his control which render compliance 
with the provisions of a test request or with any other requirements of 
this section impossible. Conditions and circumstances outside the 
control of the manufacturer include, but are not limited to, the 
temporary unavailability of equipment and personnel needed to conduct 
the required tests caused by uncontrollable factors, such as equipment 
breakdown or failure or illness of personnel. Failure of the 
manufacturer to adequately plan for and provide the equipment and 
personnel needed to conduct the tests do not constitute uncontrollable 
factors. The manufacturer must bear the burden of establishing the 
presence of the conditions and circumstances required by this paragraph.
    (h) Any order to cease distribution will be issued only after a 
notice and opportunity for a hearing in accordance with 5 U.S.C. 554.