[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: 40CFR205.57-9]

[Page 123-124]
 
                   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. 205.57-9  Prohibition on distribution in commerce; manufacturer's remedy.

    (a) The Administrator will permit the cessation of continued testing 
under Sec. 205.57-8 once the manufacturer has taken the following 
actions:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the problem 
and describes the proposed quality control and/or quality assurance 
remedies to be taken by the manufacturer to correct the problem or 
follows the requirements for an engineering change. Such requirements 
include the following:
    (i) Any change to a configuration with respect to any of the 
parameters stated in Sec. 205.55-3 shall constitute the addition of a 
new and separate configuration or category to the manufacturer's product 
line.
    (ii) When a manufacturer introduces a new category or configuration 
to his product line, he shall proceed in accordance with Sec. 205.55-2.
    (iii) If the configuration to be added can be grouped within a 
verified category and the new configuration is estimated to have a lower 
sound pressure level than a previously verified configuration within the 
same category, the configuration shall be considered verified.
    (2) Demonstrates that the specified vehicle category, configuration 
or subgroup thereof has passed a retest conducted in accordance with 
Sec. 205.57 and the conditions specified in the initial test request.
    (3) The manufacturer may begin testing under paragraph (a)(2) of 
this section upon submitting such report, and may cease continued 
testing upon making the demonstration required by paragraph (a)(2) of 
this section, provided that the Administrator may require resumption of 
continued testing if he determines that the manufacturer has not 
satisfied the requirements of paragraphs (a)(1) and (2) of this section.

[[Page 124]]

    (b) Any vehicle failing the prescribed noise emission tests 
conducted pursuant to this Subpart B may not be distributed in commerce 
until necessary adjustments or repairs have been made and the vehicle 
passes a retest.
    (c) No vehicles of a rejected batch which are still in the hands of 
the manufacturer may be distributed in commerce unless the manufacturer 
has demonstrated to the satisfaction of the Administrator that such 
vehicles do in fact conform to the regulations: Except, that any vehicle 
that has been tested and does, in fact, conform with these regulations 
may be distributed in commerce.

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 47 
FR 57715, Dec. 28, 1982]