[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: 40CFR205.160-1]



[Page 136-137]

 

                   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.  205.160-1  Test request.



    (a) The Administrator will request all testing under Sec.  205.160 

by means of a test request addressed to the manufacturer.

    (b) The test request will be signed by the Assistant Administrator 

for Enforcement or his designee. The test request will be delivered to 

the plant manager or other responsible official as designated by the 

manufacturer.

    (c) The test request will specify the vehicle category, 

configuration or configuration subgroup selected for testing, the 

manufacturer's plant or storage facility from which the vehicles must be 

selected, and the time at which the vehicles must be selected. The test 

request will also provide for situations in which the selected category, 

configuration, or configuration subgroup is unavailable for testing. The 

test request may include an alternative category, configuration, or 

configuration subgroup designated for testing in the event that vehicles 

of the first specified category, configuration, or configuration 

subgroup are not available for testing because the vehicles are not 

being manufactured at the specified plant, are not being manufactured 

during the specified time, or are not being stored at the specified 

plant or storage facility.

    (d)(1) If the manufacturer projects a yearly production of fewer 

than 50 vehicles of the specified category, configuration or 

configuration subgroup to be tested, then within five (5) days of 

receipt of the request, the manufacturer must notify the Administrator 

of such low volume production. The Administrator will then provide a 

revised test request specifying a testing plan which imposes no greater 

risk of failure (5%) at the acceptable quality level (10%) than the plan 

in Appendix II. Upon receipt of the revised test request, the 

manufacturer must select and test a sample of vehicles from the 

category, configuration or configuration subgroup specified in the test 

request in accordance with this subpart and the conditions specified in 

the test request.



[[Page 137]]



    (2) If the manufacturer produces 50 or more vehicles of the 

specified category, configuration or configuration subgroup per year, 

then upon receipt of the test request, the manufacturer must select and 

test a sample of vehicles from the category, configuration or 

configuration subgroup specified in the test request in accordance with 

this subpart and the conditions specified in the test request.

    (e)(1) Any testing conducted by the manufacturer under a test 

request must be initiated within the time period specified in the test 

request; except that initiation may be delayed for increments of 24 

hours or one business day where ambient test site weather conditions, or 

other conditions beyond the control of the manufacturer, in that 24-hour 

period, do not permit testing. The manufacturer must record the 

conditions for this period.

    (2) The manufacturer must complete noise emission testing on a 

minimum of ten vehicles per day unless otherwise provided by the 

Administrator or unless ambient test site conditions permit only the 

testing of a lesser number in which case the ambient test site weather 

conditions for that period must be recorded.

    (3) The manufacturer is allowed 24 hours to ship vehicles from a 

sample from the assembly plant to the testing facility if the facility 

is not located at the plant or in close proximity to the plant. The 

Administrator may approve more time based upon a request by the 

manufacturer accompanied by a satisfactory justification.

    (f) The Administrator may issue an order to the manufacturer to 

cease distribution in commerce of vehicles of a specified category, 

configuration, or configuration subgroup being manufactured at a 

particular facility, if:

    (1) The manufacturer refuses to comply with the provisions of a test 

request issued by the Administrator under this section; or

    (2) The manufacturer refuses to comply with any of the requirements 

of this section.

    (g) A cease distribution order will not be issued under paragraph 

(f) of this section if the manufacturer's refusal is caused by 

conditions and circumstances outside his control which render compliance 

with the provisions of a test request or with any other requirements of 

this section impossible. Conditions and circumstances outside the 

control of the manufacturer include, but are not limited to, the 

temporary unavailability of equipment and personnel needed to conduct 

the required tests caused by uncontrollable factors, such as equipment 

breakdown or failure or illness of personnel. Failure of the 

manufacturer to adequately plan for and provide the equipment and 

personnel needed to conduct the tests do not constitute uncontrollable 

factors. The manufacturer must bear the burden of establishing the 

presence of the conditions and circumstances required by this paragraph.

    (h) Any order to cease distribution will be issued only after a 

notice and opportunity for a hearing in accordance with 5 U.S.C. 554.