[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.604-84]

[Page 14]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES (CONTINUED)--Table of Contents
 
  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles
 
Sec. 86.604-84  Testing by the Administrator.

    (a) The Administrator may require by test order that vehicles of a 
specified configuration be selected in a manner consistent with the 
requirements of Sec. 86.607 and submitted to him at such place as he may 
designate for the purpose of conducting emission tests. These tests 
shall be conducted in accordance with Sec. 86.608 of these regulations 
to determine whether vehicles manufactured by the manufacturer conform 
with the regulations with respect to which the certificate of conformity 
was issued.
    (b)(1) Whenever the Administrator conducts a test on a test vehicle 
or the Administrator and manufacturer each conduct a test on the same 
test vehicle, the results of the Administrator's test shall comprise the 
official data for that vehicle.
    (2) Whenever the manufacturer conducts all tests on a test vehicle, 
the manufacturer's test data will be accepted as the official data: 
Provided, That if the Administrator makes a determination based on 
testing under paragraph (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) In the event that testing conducted under paragraph (a) of this 
section demonstrates a lack of agreement under paragraph (b)(2), of this 
section, the Administrator will:
    (1) Notify the manufacturer in writing of his determination that the 
test facility is inappropriate for conducting the tests required by this 
subpart and the reasons therefor, and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) 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.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]