[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: 40CFR205.159]



[Page 135-136]

 

                   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.  205.159  Testing by the Administrator.



    (a)(1) In order for the Administrator to determine whether such 

vehicles or a manufacturer's test facility conform to applicable 

regulations, the Administrator may require that vehicles to be tested 

pursuant to the Act be submitted to him, at such place and time as he 

reasonably designates. He may designate the quantity of vehicles and the 

duration of time he reasonably requires for the purpose of conducting 

tests in accordance with test procedures described in appendix I. The 

manner in which the Administrator conducts such tests, the EPA test 

facility, and the test procedures employed will be based upon good 

engineering practice and meet or exceed the requirements of appendix I 

of the regulations.

    (2) If the Administrator specifies that he will conduct such testing 

at the manufacturer's facility, the manufacturer shall make available 

instrumentation and equipment of the type required for test operations 

by these regulations. The Administrator may conduct such tests with his 

own equipment, having specifications equal to or exceeding the 

performance specifications of the instrumentation and equipment required 

in these regulations.

    (3) The manufacturer may observe tests conducted by the 

Administrator pursuant to this section on vehicles produced by the 

manufacturer and may copy the data accumulated from such tests. The 

manufacturer may inspect any of the vehicles before and after testing by 

the Administrator.

    (b)(1) If, based on tests conducted by the Administrator, or on 

other relevant information, the Administrator determines that the test 

facility does not meet the requirements of appendix I (or the 

requirements for an alternative test procedure approved under Sec.  

205.154), the Administrator will give notice to the manufacturer in 

writing of his determination and the reasons underlying it.

    (2) The manufacturer may, at any time within 15 days after receipt 

of a notice issued under paragraph (b)(1) of this section, request a 

hearing conducted in accordance with 5 U.S.C. 554 on the issue of 

whether his test facility met the requirements as specified in appendix 

I (or the alternative procedure). Such notice will not take effect until 

15 days after its receipt by the manufacturer or, if a hearing is 

requested under this paragraph, until adjudication by the Administrative 

law judge.

    (3) After any notice issued under paragraph (b)(1) of this section 

has taken effect, no data thereafter derived from that test facility 

will be acceptable for purposes of this subpart.

    (4) The manufacturer may request in writing that the Administrator 

reconsider his determination under paragraph (b)(1) of this section 

based on data or information which indicates



[[Page 136]]



that changes have been made to the test facility and that those changes 

have resolved the reasons for disqualification.

    (5) Within 10 working days after receipt of the manufacturer's 

request for reconsideration pursuant to paragraph (b)(4) of this 

section, the Administrator will notify the manufacturer of his 

determination and of the reasons underlyng it with regard to the 

requalification of the test facility.

    (c) The Administrator will assume all reasonable costs associated 

with shipment of vehicles to the place designated pursuant to paragraph 

(a) of this section except with respect to:

    (1) Any production verification testing performed at a place other 

than the manufacturer's facility as provided in Sec.  205.157-2(a), or 

as a result of the manufacturer's not owning or having access to a test 

facility;

    (2) Testing of a reasonable number of vehicles (i) for purposes of 

selective enforcement auditing under Sec.  205.160, (ii) or if the 

manufacturer has failed to establish that there is a correlation between 

its test facility and the EPA test facility, (iii) or the Administrator 

has reason to believe, and provides the manufacturer with a statement of 

such reason, that the vehicles to be tested would fail to meet the 

standard prescribed in this subpart if tested at the EPA test facility 

even though they would meet such standard if tested at the 

manufacturer's test facility;

    (3) Any testing performed during a period when a notice issued 

pursuant to paragraph (b) of this section is in effect;

    (4) Any testing performed at a place other than the manufacturer's 

facility as a result of the manufacturer's failure to permit the 

Administrator to conduct or monitor testing as required by this subpart; 

and

    (5) Testing of up to 10 percent of the manufacturer's test vehicles 

for a model year if the Administrator determines testing these vehicles 

at the EPA test site is necessary to assure that a manufacturer has 

acted or is acting in compliance with the Act.



[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]