[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR203.5]



[Page 86]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 203_LOW-NOISE-EMISSION PRODUCTS--Table of Contents

 

Sec.  203.5  Suitable substitute decision.



    (a) If the Administrator determines that a product is a low-noise-

emission product, then within one hundred and eighty (180) days of such 

determination, in consultation with the appropriate Federal agencies, 

the Administrator will decide whether such product is a suitable 

substitute for any class or model or product being purchased by the 

Federal Government for use by its agencies. Such decision will be based 

upon the data obtained under Sec.  203.2, the Administrator's evaluation 

of the data, comments of interested parties, and, as the Administrator 

deems appropriate, an actual inspection or test of the product at such 

places and times as the Administrator may designate.

    (b) In order to compare the data for any class or model of product 

with any class or model of product presently being purchased by the 

Federal Government for which the applicant seeks to have its product 

substituted, the Administrator will enter into appropriate agreements 

with other Government agencies to gather the necessary data regarding 

such class or model.

    (c) Immediately upon making the decision as to whether a product 

determined to be a low-noise-emission product is a suitable substitute 

for any product or class of products being purchased by the Federal 

Government for its use, the Administrator shall publish in the Federal 

Register notice of such decision and the reasons therefor.

    (d) If the Administrator decides that the product is a suitable 

substitute for products being purchased by the Federal Government, he 

will issue a certificate that the product is a suitable substitute for a 

product or class of products presently being purchased by the Federal 

Government and will specify with particularity the product or class of 

products for which the certified product is a suitable substitute.

    (e) Any certification made under this section shall be effective for 

a period of one year from date of issuance.