[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1408]

[Page 540-541]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
                Subpart O--Urban Bus Rebuild Requirements
 
Sec. 85.1408  Objections to certification.

    (a) At any time prior to certification, the MOD Director may notify 
the equipment certifier that such equipment shall not be certified 
pending further investigation. The basis upon which this notification 
shall be made may include, but not be limited to, information or test 
results submitted by the equipment certifier, or public comments 
submitted on the equipment which indicate:
    (1) The test procedure used to demonstrate compliance with the 
particulate matter emission standard or percent reduction of 
Sec. 85.1403 was not in compliance with the heavy-duty engine Federal 
Test Procedure of 40 CFR part 86 or an alternative test procedure 
approved by the Agency under Sec. 85.1414; or
    (2) Use of the candidate equipment may cause an urban bus engine to 
exceed any applicable emission requirements; or
    (3) Use of the candidate equipment could cause or contribute to an 
unreasonable risk to public health, welfare or safety in its operation 
or function; or
    (4) Installation of the candidate equipment requires procedures or 
materials which would likely cause such equipment to be improperly 
installed under normal conditions or would likely result in an urban bus 
engine being misadjusted; or
    (5) Information and/or data required to be in the notification of 
intent to certify as provided by Sec. 85.1407 have not been provided or 
may be inadequate; or
    (6) The life cycle cost estimates provided by the equipment 
certifier do not accurately reflect the true life cycle costs for the 
candidate equipment.
    (b) The equipment certifier must respond in writing to the 
statements made in the notification by the MOD Director, or the MOD 
Director shall withdraw the equipment certifier's notification of intent 
to certify. A copy of the certifier's response will be placed in the 
public docket.
    (1) Any party interested in the outcome of a decision as to whether 
retrofit/rebuild equipment may be certified may provide the MOD Director 
with any relevant written information up to ten days after the certifier 
responds to the MOD Director's objection.
    (2) Any interested party may request additional time to respond to 
the information submitted by the equipment certifier. The MOD Director 
upon a showing of good cause by the interested party may grant an 
extension of time to reply up to 30 days.
    (3) The equipment certifier may reply to information submitted by 
interested parties. Notification of intent to reply shall be submitted 
to the MOD Director within 10 days of the date information from 
interested parties is submitted to the MOD Director.
    (4) The MOD Director may, at his or her discretion, allow oral 
presentations by the equipment certifier or any interested party in 
connection with contested equipment certification.
    (c) If notification has been provided to an equipment certifier 
pursuant to paragraph (a) of this section, the MOD Director shall, after 
reviewing all pertinent data and information, render a decision and 
inform the equipment certifier in writing as to whether such equipment 
may be certified and, if so, under what conditions the equipment may be 
certified. The written decision shall include an explanation of the 
reasons therefor.

[[Page 541]]

    (1) The decision by the MOD Director shall be provided to the 
certifier after receipt of all necessary information by the certifier or 
interested parties, or of the date of any oral presentation regarding 
the certification, whichever occurs second.
    (2) A copy of the decision shall be sent to all interested parties 
identified in paragraphs (b)(3) and (b)(4) of this section.
    (3) Within 20 days of receipt of a decision made pursuant to 
paragraph (c) of this section, any party may file a written appeal to 
the Office Director. The Office Director may, in his or her discretion, 
allow additional oral or written submissions, prior to rendering a final 
decision. The schedule for such submission shall be in accordance with 
the schedule specified in Sec. 85.1408(b).
    (4) If no party files an appeal with the Office Director within 20 
days, then the decision of the MOD Director shall be final.
    (5) The Office Director shall make a final decision regarding the 
certification of equipment after receipt of all necessary information by 
the equipment certifier or from the date of any oral presentation, 
whichever occurs later.
    (6) A copy of all final decisions made under this section shall be 
published in the Federal Register.