[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: 40CFR205.57-1]

[Page 119-120]
 
                   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. 205.57-1  Test request.

    (a) The Administrator will request all testing under Sec. 205.57 by 
means of a test request addressed to the manufacturer.
    (1) Except as provided in paragraphs (a) (2) and (3) of this 
section, the Administrator will not issue to a manufacturer during any 
model year more test requests than a number determined by dividing the 
total number of vehicles subject to this regulation which the 
manufacturer projects he will produce during that model year by 25,000 
and rounding to the next higher whole number: Except, that the 
Administrator may issue one additional test request beyond the annual 
limit to any manufacturer for each time a batch sequence for any 
category, configuration or subgroup thereof of such manufacturer's 
production is rejected in accordance with Sec. 205.57-7.
    (2) Any test request issued against a category, configuration or 
subgroup thereof which the Administrator has reason to believe does not 
meet the standards specified in Sec. 205.52 will not be counted against 
the annual limit on test requests described in paragraph (a)(1) of this 
section. Any such request shall include a statement of the 
Administrator's reason for such belief.
    (3) Any test request under which testing is not completed will not 
be counted against the annual limit on test requests described in 
paragraph (a)(1) of this section.
    (b) The test request will be signed by the Assistant Administrator 
for Enforcement or his designee. The test request will be delivered by 
an EPA Enforcement Officer to the plant manager or other responsible 
official as designated by the manufacturer.
    (c) The test request will specify the vehicle category, 
configuration or subgroup thereof selected for testing, the batch from 
which sampling is to begin, the batch size, the manufacturer's plant or 
storage facility from which the vehicles must be selected, the time at 
which a vehicle must be selected. The test request will also provide for 
situations in which the selected configuration or category is 
unavailable for testing. The test request may include an alternative 
category or configuration selected for testing in the event that 
vehicles of the first specified category or configuration are not 
available for testing because the vehicles are not being manufactured at 
the specified plant and/or are not being manufactured during the 
specified time or not being stored at the specified plant or storage 
facility.
    (d) Any manufacturer shall, upon receipt of the test request, select 
and test a batch sample of vehicles from two consecutively produced 
batches of the vehicle category or configurations specified in the test 
request in accordance with these regulations and the conditions 
specified in the test request.
    (e)(1) Any testing conducted by the manufacturer pursuant to a test 
request shall be initiated within such period as is specified within the 
test request: Except, that such 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 any 24-hour period do not permit testing: Provided, That these 
conditions for that period are recorded.
    (2) The manufacturer shall complete emission testing on a minimum of 
five vehicles per day unless otherwise provided for by the Administrator 
or unless ambient test site conditions only permit the testing of a 
lesser number: Provided, that ambient test site weather conditions for 
that period are recorded.
    (3) The manufacturer will be allowed 24 hours to ship vehicles from 
a batch 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: 
Except, that 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 to distribute into commerce vehicles of a

[[Page 120]]

specified category or configuration being manufactured at a particular 
facility if:
    (1) The manufacturer refuses to comply with the provisions of a test 
request issued by the Administrator pursuant to this section; or
    (2) The manufacturer refuses to comply with any of the requirements 
of this section.
    (g) A cease-to-distribute order shall not be issued under paragraph 
(f) of this section if such refusal is caused by conditions and 
circumstances outside the control of the manufacturer which renders it 
impossible to comply with the provisions of a test request or any other 
requirements of this section. Such conditions and circumstances shall 
include, but are not limited to, any uncontrollable factors which result 
in the temporary unavailability of equipment and personnel needed to 
conduct the required tests, such as equipment break-down or failure or 
illness of personnel, but shall not include failure of the manufacturer 
to adequately plan for and provide the equipment and personnel needed to 
conduct the tests. The manufacturer will bear the burden of establishing 
the presence of the conditions and circumstances required by this 
paragraph.
    (h) Any such order shall be issued only after a notice and 
opportunity for a hearing.

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61459, Dec. 5, 1977; 43 
FR 12326, Mar. 24, 1978]