[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1051.301]



[Page 639]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

--Table of Contents

 

         Subpart D_Testing Production-Line Vehicles and Engines

 

Sec.  1051.301  When must I test my production-line vehicles or engines?





    (a) If you produce vehicles that are subject to the requirements of 

this part, you must test them as described in this subpart. If your 

vehicle is certified to g/kW-hr standards, then test the engine; 

otherwise, test the vehicle. The provisions of this subpart do not apply 

to small-volume manufacturers.

    (b) We may suspend or revoke your certificate of conformity for 

certain engine families if your production-line vehicles or engines do 

not meet the requirements of this part or you do not fulfill your 

obligations under this subpart (see Sec. Sec.  1051.325 and 1051.340).

    (c) Other requirements apply to vehicles and engines that you 

produce. Other regulatory provisions authorize us to suspend, revoke, or 

void your certificate of conformity, or order recalls for engines 

families without regard to whether they have passed these production-

line testing requirements. The requirements of this subpart do not 

affect our ability to do selective enforcement audits, as described in 

part 1068 of this chapter. Individual vehicles and engines in families 

that pass these production-line testing requirements must also conform 

to all applicable regulations of this part and part 1068 of this 

chapter.

    (d) You may ask to use an alternate program for testing production-

line vehicles or engines. In your request, you must show us that the 

alternate program gives equal assurance that your products meet the 

requirements of this part. If we approve your alternate program, we may 

waive some or all of this subpart's requirements.

    (e) If you certify an engine family with carryover emission data, as 

described in Sec.  1051.235(c), and these equivalent engine families 

consistently pass the production-line testing requirements over the 

preceding two-year period, you may ask for a reduced testing rate for 

further production-line testing for that family. The minimum testing 

rate is one vehicle or engine per engine family. If we reduce your 

testing rate, we may limit our approval to any number of model years. In 

determining whether to approve your request, we may consider the number 

of vehicles or engines that have failed the emission tests.

    (f) We may ask you to make a reasonable number of production-line 

vehicles or engines available for a reasonable time so we can test or 

inspect them for compliance with the requirements of this part.

    (g) The requirements of this subpart do not apply to engine families 

certified under the provisions of Sec.  1051.630.

    (h) Vehicles certified to the following standards are exempt from 

the production-line testing requirements of this subpart if no engine 

families in the averaging set participate in the averaging, banking, and 

trading program described in subpart H of this part:

    (1) Phase I or Phase 2 standards in Sec.  1051.103

    (2) Phase I standards in Sec.  1051.105

    (3) Phase I standards in Sec.  1051.107.

    (4) The standards in Sec.  1051.615.

    (5) The standards in Sec.  1051.145.



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40498, July 13, 2005]



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