[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: 40CFR205.160-2]

[Page 135-136]
 
                   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. 205.160-2  Test sample selection and preparation.

    (a) Vehicles comprising the sample which are required to be tested 
under a test request in accordance with this subpart must be selected 
consecutively as they are produced. Before the official test, the test 
vehicle must not be prepared, tested, modified, adjusted, or maintained 
in any manner unless such preparation, tests, modifications, adjustments 
or maintenance are part of the manufacturer's prescribed manufacturing 
and inspection procedures, and are documented in the manufacturer's 
internal vehicle assembly and inspection procedures, are required or 
permitted under this subpart, or are approved in advance by the 
Administrator. For purposes of this section, prescribed manufacturing 
and inspection procedures include quality control testing and assembly 
procedures normally performed by the manufacturer on like products 
during early production if the resulting testing is not biased by this 
procedure. In the case of imported products, the manufacturer may 
perform adjustments, preparations, modification or tests normally 
performed at the port of entry by the manufacturer to prepare the 
vehicle for delivery to a dealer or customer.
    (1) Equipment or fixtures necessary to conduct the test may be 
installed on

[[Page 136]]

the vehicle if such equipment or fixtures have no effect on the noise 
emissions of the vehicle, as determined by the measurement methodology.
    (2) In the event of a vehicle malfunction (i.e., failure to start, 
etc.) the manufacturer may perform the maintenance that is necessary to 
enable the vehicle to operate in a normal manner. This maintenance must 
be documented and reported in the SEA report.
    (3) No quality control, quality assurance testing, assembly or 
selection procedures may be used on the test vehicle or any portion of 
the test vehicle including parts and subassemblies, unless such quality 
control, quality assurance testing, assembly or selection procedures are 
used normally during the production and assembly of all other vehicles 
of this configuration which will be distributed in commerce, are 
required or permitted under this subpart or are approved in advance by 
the Administrator.
    (4) If a vehicle is unable to complete the noise tests, the 
manufacturer may replace the vehicle. Any replacement vehicle must be a 
production vehicle of the same configuration as the replaced vehicle or 
a noisier configuration and will be subject to all the provisions of 
these regulations. Any replacement must be reported in the SEA report.
    (b) The Acceptable Quality Level (AQL) is 10 percent. The 
appropriate sampling plans associated with the designated AQL are 
contained in Appendix II or the test request.
    (c) The vehicles of the category, configuration or configuration 
subgroup selected for testing must be assembled by the manufacturer for 
distribution in commerce using the manufacturer's normal production 
process.
    (d) Unless otherwise indicated in the test request, the manufacturer 
must initiate testing with the vehicles of the category, configuration 
or configuration subgroup specified in the test request which are next 
scheduled for production after receipt of the test request.
    (e) The manufacturer must keep on hand all products in the test 
sample until the sample is accepted or rejected in accordance with 
Sec. 205.160-6; except that vehicles actually tested and found to be in 
conformance with this regulation need not be kept.

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