[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: 40CFR204.57-9]



[Page 100-101]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 204_NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of 

Contents

 

                   Subpart B_Portable Air Compressors

 

Sec.  204.57-9  Prohibition of distribution in commerce; manufacturer's 

remedy.



    (a) The Administrator will permit the cessation of continued testing 

under Sec.  204.57-8 once the manufacturer has taken the following 

actions:

    (1) Submit a written report to the Administrator which identifies 

the reason for the noncompliance of the compressors, describes the 

problem, and describes the proposed quality control and/or quality 

assurance remedies to be taken by the manufacturer to correct the 

problem or follows the requirements for an engineering change. Such 

requirements include the following:

    (i) Any change to a configuration with respect to any of the 

parameters stated in Sec.  204.55-3 shall constitute the addition of a 

new and separate configuration or category to the manufacturer's product 

line.

    (ii) When a manufacturer introduces a new category or configuration 

to his product line, he shall proceed in accordance with Sec.  204.55-2.

    (iii) If the configuration to be added can be grouped within a 

verified category and the new configuration is estimated to have a lower 

sound level than a previously verified configuration with the same 

category, the configuration shall be considered verified.

    (2) Demonstrates that the specified compressor category, 

configuration or subgroup thereof has passed a retest conducted in 

accordance with Sec.  204.57 and the conditions specified in the initial 

test request.

    (3) The manufacturer may begin testing under paragraph (a)(2) of 

this section, upon submitting such report, and may cease continued 

testing upon making the demonstration required by paragraph (a)(2) of 

this section: Provided, That the Administrator may require resumption of 

contined testing if he determines that the manufacturer has not 

satisfied the requirements of paragraphs (a) (1) and (2) of this 

section.



[[Page 101]]



    (4) In lieu of paragraphs (a) (1) and (2) of this section, the 

Administrator will permit the cessation of continued testing under Sec.  

204.57-8 with respect to any subgroup of a nonconforming category or 

configuration if the manufacturer demonstrates to the satisfaction of 

the Administrator that such subgroup does not exhibit the cause of the 

nonconformity of such category or configuration.

    (b) Any compressor failing the prescribed noise emission tests 

conducted pursuant to this Subpart B may not be distributed in commerce 

until necessary adjustments or repairs have been made and the compressor 

passes a retest.

    (c) No compressors of a rejected batch which are still in the hands 

of the manufacturer may be distributed in commerce unless the 

manufacturer has demonstrated to the satisfaction of the Administrator 

that such compressors do, in fact, conform to the regulations; except, 

that any compressor that has been tested and does, in fact, conform with 

these regulations may be distributed in commerce.



(Secs. 6, 10, 13, Pub. L. 92-574 (42 U.S.C. 4909 and 4912))



[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 

FR 57712, Dec. 28, 1982]