[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: 40CFR86.607-84]

[Page 17-18]
 
                   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. 86.607-84  Sample selection.

    (a) Vehicles comprising a test sample which are required to be 
tested, pursuant to a test order issued in accordance with this subpart, 
will be selected at the location and in the manner specified in the test 
order. If a manufacturer determines that the test vehicles cannot be 
selected in the manner specified in the test order, an alternative 
selection procedure may be employed: Provided, That the manufacturer 
requests approval of the alternative procedure in advance of the start 
of test sample selection and that the Administrator approves the 
procedure. Special order vehicles are exempt from sample selection 
unless a test sample cannot be completed otherwise.
    (b) The manufacturer shall have assembled the test vehicles of the 
configuration selected for testing using its normal mass production 
processes for vehicles to be distributed into commerce. During the 
audit, the manufacturer shall inform the Administrator of any change(s) 
implemented in its production processes, including quality

[[Page 18]]

control, which may be reasonably expected to affect the emissions of the 
vehicles selected, between the time the manufacturer received the test 
order and the time the manufacturer finished selecting test vehicles.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test vehicles or any portion thereof, including parts 
and subassemblies, that has not been or will not be used during the 
production and assembly of all other vehicles of that configuration.
    (d) The test order may specify that EPA Enforcement Officers, rather 
than the manufacturer, will select the test vehicles according to the 
method described in paragraph (a) of this section.
    (e) The order in which test vehicles are selected determines the 
order in which test results are to be used in applying the sampling plan 
in accordance with Sec. 86.610.
    (f) The manufacturer shall keep on hand all untested vehicles, if 
any, comprising the test sample until a pass or fail decision is reached 
in accordance with paragraph (d) of Sec. 86.610. The manufacturer may 
ship any tested vehicle which has not failed in accordance with 
paragraph (a) of Sec. 86.610. However, once a manufacturer ships any 
vehicle from the test sample, it relinquishes the prerogative to conduct 
retests provided in paragraph (i) of Sec. 86.608.

[49 FR 48482, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]