[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: 40CFR205.157-2]



[Page 133]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 205_TRANSPORTATION EQUIP MENT NOISE EMISSION CONTROLS--Table of 

Contents

 

                          Subpart D_Motorcycles

 

Sec.  205.157-2  Compliance with standards.



    (a)(1) Prior to distribution in commerce of vehicles of a specific 

configuration, the first manufacturer of such vehicle must verify such 

configurations in accordance with the requirements of this subpart.

    (2) [Reserved]

    (3) At any time following receipt of notice under paragraph 

(a)(2)(iii) of this section with respect to a configuration, the 

Administrator may require that the manufacturer ship test vehicles to an 

EPA test facility for the required production verification testing.

    (b) The requirements for purposes of testing by the Administrator 

and selective enforcement auditing with regard to each vehicle 

configuration consist of:

    (1) Testing in accordance with Sec.  205.160-4 of a vehicle selected 

in accordance with Sec.  205.160-2.

    (2) Compliance of the test vehicle with the applicable standard when 

tested in accordance with Sec.  205.160-4.

    (c)(1) In lieu of testing vehicles of every configuration as 

described in paragraph (b) of this section, the manufacturer may elect 

to verify the configuration based on representative testing. The 

requirements of representative testing are:

    (i) Grouping configurations into categories where each category is 

determined by a separate combination of at least the following 

parameters (a manufacturer may use more parameters):

    (A) Engine type: (1) Gasoline-two stroke; (2) gasoline-four stroke; 

(3) gasoline-rotary; and (4) other.

    (B) Engine displacement.

    (C) Engine configuration: (1) Number of cylinders; and (2) cylinder 

arrangement (i.e., in line, opposed, etc.)

    (ii) Identifying the configuration within each category which emits 

the highest A-weighted sound level (in dB).

    (iii) Testing in accordance with Sec.  205.160-4 of a vehicle 

selected in accordance with Sec.  205.160-2 which much be a vehicle of 

the configuration which is identified pursuant to paragraph (c)(1)(ii) 

of this section as having the highest sound pressure level (estimated or 

actual) within the category.

    (iv) Demonstrating compliance of that vehicle with the applicable 

standard when tested in accordance with the test procedure specified in 

Appendix I.

    (2) Where the requirements of paragraph (c)(1) of this section are 

complied with, all those configurations contained within a category are 

considered represented by the tested vehicle.

    (3) Where the manufacturer tests a vehicle configuration which has 

not been determined as having the highest sound pressure level of a 

category, but all other requirements of paragraph (c)(1) of this section 

are complied with, all those configurations contained within that 

category which are determined to have sound pressure levels not greater 

than the tested vehicle are considered to be represented by the tested 

vehicle; however, a manufacturer must for purposes of Testing by the 

Administrator and Selective Enforcement Auditing verify according to the 

requirements of (b)(1) and/or (c)(1) of this section any configurations 

in the subject category which have a higher sound pressure level than 

the vehicle configuration tested.

    (d) A manufacturer may elect for purposes of Testing by the 

Administrator and Selective Enforcement Auditing to use representative 

testing pursuant to paragraph (c) of this section for all or part of his 

product line.

    (e) The manufacturer has the following alternatives if any test 

vehicle is determined to not be in compliance with applicable standards:

    (1) In the case of representative testing, a new test vehicle from 

another configuration must be selected according to the requirements of 

paragraph (c) of this section, in order to verify the configurations 

represented by the non-compliant vehicle.

    (2) Modify the test vehicle and demonstrate by testing that it meets 

applicable standards. The manufacturer must modify all production 

vehicles of the same configuration in the same manner as the test 

vehicle before distribution into commerce.



[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]



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