[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: 40CFR1051.325]



[Page 642-643]

 

                   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.  1051.325  What happens if an engine family fails the 

production-line requirements?



    (a) We may suspend your certificate of conformity for an engine 

family if it fails under Sec.  1051.315. The suspension may apply to all 

facilities producing vehicles or engines from an engine family, even if 

you find noncompliant vehicles or engines only at one facility.

    (b) We will tell you in writing if we suspend your certificate in 

whole or in



[[Page 643]]



part. We will not suspend a certificate until at least 15 days after the 

engine family fails. The suspension is effective when you receive our 

notice.

    (c) Up to 15 days after we suspend the certificate for an engine 

family, you may ask for a hearing (see Sec.  1051.820). If we agree 

before a hearing that we used erroneous information in deciding to 

suspend the certificate, we will reinstate the certificate.

    (d) Section 1051.335 specifies steps you must take to remedy the 

cause of the engine family's production-line failure. All the vehicles 

you have produced since the end of the last test period are presumed 

noncompliant and should be addressed in your proposed remedy. We may 

require you to apply the remedy to engines produced earlier if we 

determine that the cause of the failure is likely to have affected the 

earlier engines.

    (e) You may request to amend the application for certification to 

raise the FEL of the engine family before or after we suspend your 

certificate if you meet the requirements of Sec.  1051.225(f).



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40499, July 13, 2005]