[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: 40CFR205.56]

[Page 118-119]
 
                   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. 205.56  Testing by the Administrator.

    (a)(1) The Administrator may require that any vehicles to be tested 
pursuant to the Act be submitted to him, at such place and time as he 
may reasonably designate and in such quantity and for such time as he 
may reasonably require for the purpose of conducting tests in accordance 
with test procedures described in Sec. 205.54 to determine whether such 
vehicles or a manufacturer's test facility conform to applicable 
regulations. It is a condition of the requirements under this section 
that the manner in which the Administrator conducts such tests, the EPA 
test facility itself, and the test procedures he employs shall be based 
upon good engineering practice and meet or exceed the requirements of 
Sec. 205.54 of the regulations.
    (2) The Administrator may specify that he will conduct such testing 
at the manufacturer's facility, in which case instrumentation and 
equipment of the type required by these regulations shall be made 
available by the manufacturer for test operations. The Administrator may 
conduct such tests with his own equipment, which shall equal or exceed 
the performance specifications of the instrumentation or equipment 
specified by the Administrator in these regulations.
    (3) The manufacturer may observe tests conducted by the 
Administrator pursuant to this section on vehicles produced by such 
manufacturer and may copy the data accumulated from such tests. The 
manufacturer may inspect any such vehicles before and after testing by 
the Administrator.
    (b)(1) If, based on tests conducted by the Administrator or other 
relevant information, the Administrator determines that the test 
facility does not meet the requirements of Sec. 205.54-1 (a) and (b) he 
will notify the manufacturer in writing of his determination and the 
reasons therefor.
    (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 was in conformance. Such notice will not take effect until 
15 days after receipt by the manufacturer, or if a hearing is requested 
under this paragraph, until adjudication by the hearing examiner.
    (3) After any notification issued under paragraph (b)(1) of this 
section has taken effect, no data thereafter derived from such test 
facility will be acceptable for purposes of this part.
    (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 that changes have been made 
to the test facility and such changes have resolved the reasons for 
disqualification.
    (5) The Administrator will notify the manufacturer of his 
determination and an explanation of the reasons underlying it with 
regard to the requalification of the test facility within 10 working 
days after receipt of the manufacturer's request for reconsideration 
pursuant to paragraph (b)(4) of this section.
    (c)(1) 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:
    (i) [Reserved]
    (ii) Testing of a reasonable number of vehicles for purposes of 
selective enforcement auditing under Sec. 205.57 or testing of smaller 
numbers of vehicles, if the manufacturer has failed to establish that 
there is a correlation between its test facility and the EPA test 
facility or the Administrator has reason to believe, and provides the 
manufacturer a statement of such reasons, that the vehicles to be tested 
would fail to meet the standard prescribed in this subpart if tested at 
the EPA test facility, but would meet such standard if tested at the 
manufacturer's test facility;
    (iii) Any testing performed during a period when a notice of 
nonconfor- mance of the manufacturer's test facility issued pursuant to 
paragraph (b) of this section is in effect;
    (iv) Any testing performed at place other than the manufacturer's 
facility as a result of the manufacturer's failure to permit the 
Administrator to

[[Page 119]]

conduct or monitor testing as required by this part.

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, 61459, Dec. 5, 
1977; 47 FR 57715, Dec. 28, 1982]