[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: 40CFR86.610-98]

[Page 34-35]
 
                   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. 86.610-98  Compliance with acceptable quality level and passing and 
failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle is one whose final deteriorated test results 
pursuant to Sec. 86.609-98(c) exceed at least one of the applicable 
emission standards associated with the test procedures pursuant to 
Sec. 86.608-98(a).
    (c)(1) Pass/fail criteria. The manufacturer shall test vehicles 
comprising the test sample until a pass decision is reached for all of 
the pollutants associated with all of the test procedures

[[Page 35]]

pursuant to Sec. 86.608-98(a) or a fail decision is reached for one of 
these pollutants. A pass decision is reached when the cumulative number 
of failed vehicles, as defined in paragraph (b) of this section, for 
each pollutant is less than or equal to the fail decision number 
appropriate to the cumulative number of vehicles tested. A fail decision 
is reached when the cumulative number of failed vehicles for one 
pollutant is greater than or equal to the fail decision number 
appropriate to the cumulative number of vehicles tested. The pass and 
fail decision numbers associated with the cumulative number of vehicles 
tested are determined by use of the tables in appendix XI of this part 
appropriate for the annual projected sales as made by the manufacturer 
in its report submitted under Sec. 600.207-80(a)(2) of this chapter 
(Automobile Fuel Economy Regulations). In the tables in appendix XI of 
this part, sampling plan ``stage'' refers to the cumulative number of 
vehicles tested. Once a pass decision has been made for a particular 
pollutant associated with a particular test procedure pursuant to 
Sec. 86.608-98(a), the number of vehicles whose final deteriorated test 
results exceed the emission standard for that pollutant may not be 
considered any further for purposes of the audit.
    (2) CST criteria only. For CST testing pursuant to subpart O, a pass 
or fail decision is determined according to the pass/fail criteria 
described in paragraph (c)(1) of this section, except that for each 
vehicle, the CST in its entirety is considered one pollutant.
    (d) Passing or failing of an SEA audit occurs when the decision is 
made on the last vehicle required to make a decision under paragraph (c) 
of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[59 FR 16304, Apr. 6, 1994]