[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: 40CFR85.1413]

[Page 542-544]
 
                   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. 85.1413  Decertification.

    (a) The MOD Director may notify an equipment certifier that the 
Agency has made a preliminary determination that certain retrofit/
rebuild equipment should be decertified.

[[Page 543]]

    (1) Such a preliminary determination may be made if there is reason 
to believe that the equipment manufactured has failed to comply with 
Secs. 85.1405 through 85.1414. Information upon which such a 
determination will be made includes but is not limited to the following:
    (i) The equipment was certified on the basis of emission tests, and 
the procedures used in such tests were not in substantial compliance 
with a portion or portions of the heavy-duty engine Federal Test 
Procedure contained in 40 CFR part 86 or an alternative test prescribed 
under 40 CFR 85.1414; or
    (ii) Use of the certified equipment is causing urban bus engine 
emissions to exceed emission requirements for any regulated pollutant; 
or
    (iii) Use of the certified equipment causes or contributes to an 
unreasonable risk to public health, welfare or safety or severely 
degrades driveability operation or function; or
    (iv) The equipment has been modified in a manner requiring 
recertification pursuant to Sec. 85.1410; or
    (v) The certifier of such equipment has not established, maintained 
or retained the records required pursuant to Sec. 85.1412 or fails to 
make the records available to the MOD Director upon written request 
pursuant to Sec. 85.1412; or
    (vi) The life cycle cost of the equipment exceeds the limits 
specified in Sec. 85.1403(b)(1)(iii) or Sec. 85.1403(b)(2)(iii).
    (2) Notice of a preliminary determination to decertify shall 
contain:
    (i) A description of the noncomplying equipment;
    (ii) The basis for the MOD Director's preliminary decision; and
    (iii) The date by which the certifier must:
    (A) Terminate the sale of the equipment as certified equipment; or
    (B) Make the necessary change (if so recommended by the Agency); or
    (C) Request an opportunity in writing to dispute the allegations of 
the preliminary decertification.
    (b) If the equipment certifier requests an opportunity to respond to 
the preliminary determination, the certifier and other parties 
interested in the MOD Director's decision whether to decertify the 
equipment shall, within 15 days of the date of the request, submit 
written presentations, including the relevant information and data, to 
the MOD Director. The MOD Director, in his or her discretion, may 
provide an opportunity for oral presentations.
    (1) 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.
    (2) The equipment certifier may have an extension of up to 30 days 
to 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.
    (c) If an equipment certifier has disputed the allegations of the 
preliminary decisions, the MOD Director shall, after reviewing any 
additional information, notify the equipment certifier of his or her 
decision whether the equipment may continue to be sold as certified. 
This notification shall include an explanation upon which the decision 
was made and the effective date for decertification, where appropriate.
    (d) Within 20 days from the date of a decision made pursuant to 
paragraph (c) of this section, any adversely affected party may appeal 
the decision to the Office Director.
    (1) A petition for appeal to the Office Director must state all of 
the reasons why the decision of the MOD Director should be reversed.
    (2) The Office Director may, in his or her discretion, allow 
additional oral or written testimony.
    (3) If no appeal is filed with the Office Director within the 
permitted time period, the decision of the MOD Director shall be final.
    (e) If a final decision is made to decertify equipment under 
paragraph (d) of this section, the certifier of such equipment shall 
notify his immediate customers that, as of the date of the final 
determination, the equipment in question has been decertified. The

[[Page 544]]

equipment certifier shall offer to replace decertified equipment in the 
customer's inventory with certified replacement equipment or, if unable 
to do so, shall at the customer's request repurchase such inventory at a 
reasonable price. The immediate customers must stop selling the 
equipment once the certifier has notified the customer that the 
equipment has been decertified.
    (f) Notwithstanding the requirements of paragraph (e) of this 
section, equipment purchased by an urban bus operator prior to 
decertification, shall be considered certified pursuant to this subpart.