[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: 40CFR205.55-2]

[Page 116-117]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                   Subpart B--Medium and Heavy Trucks
 
Sec. 205.55-2  Compliance with standards.

    (a)(1) Prior to distribution in commerce of vehicles of a specific 
configuration, the first manufactures of such vehicles must verify such 
configurations in accordance with the requirements of this subpart.
    (2) [Reserved]
    (3) At any time following receipt of notice under this section with 
respect to a configuration, the Administrator may require that the 
manufacturer ship test vehicles to the EPA test facility in order for 
the Administrator to perform the tests required for production 
verification.
    (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. 205.54 of a vehicle selected in 
accordance with Sec. 205.57-2, and
    (2) Compliance of the test vehicle with the applicable standard when 
tested in accordance with Sec. 205.54.
    (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 which consist of:
    (i) Grouping configurations into a category where each category will 
be determined by a separate combination of at least the following 
parameters (a manufacturer may use more parameters):
    (a) Engine type.
    (1) Gasoline--two stroke cycle.
    (2) Gasoline--four stroke cycle.
    (3) Diesel--two stroke cycle.
    (4) Diesel--four stroke cycle.
    (5) Rotary--wankel.
    (6) Turbine.
    (7) Other.
    (b) Engine manufacturer.
    (c) Engine displacement.
    (d) Engine configuration (e.g., L-6, V-8, etc.).
    (e) Series (i.e., cab design) including but not limited to 
conventional, cab over engine, and cab forward.
    (ii) Identifying the configuration within each category which emits 
the highest sound pressure level (dBA) based on his best technical 
judgment and/or emission test data;
    (iii) Testing in accordance with Sec. 205.54 of a vehicle selected 
in accordance with Sec. 205.57-2 which must 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; and
    (iv) Compliance of the test vehicle with applicable standards when 
tested in accordance with Sec. 205.54.
    (2) Where the requirements of paragraph (c)(1) 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

[[Page 117]]

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 with that category 
which are determined to have sound pressure levels no 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 paragraphs (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) [Reserved]
    (e) The manufacturer may, at his option, proceed with any of the 
following alternatives with respect to any vehicle determined not 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.

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61458, Dec. 5, 1977; 47 
FR 57714, Dec. 28, 1982; 48 FR 27040, June 13, 1983]