[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: 40CFR205.160-2]



[Page 137-138]

 

                   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.  205.160-2  Test sample selection and preparation.



    (a) Vehicles comprising the sample which are required to be tested 

under a test request in accordance with this subpart must be selected 

consecutively as they are produced. Before the official test, the test 

vehicle must not be prepared, tested, modified, adjusted, or maintained 

in any manner unless such preparation, tests, modifications, adjustments 

or maintenance are part of the manufacturer's prescribed manufacturing 

and inspection procedures, and are documented in the manufacturer's 

internal vehicle assembly and inspection procedures, are required or 

permitted under this subpart, or are approved in advance by the 

Administrator. For purposes of this section, prescribed manufacturing 

and inspection procedures include quality control testing and assembly 

procedures normally performed by the manufacturer on like products 

during early production if the resulting testing is not biased by this 

procedure. In the case of imported products, the manufacturer may 

perform adjustments, preparations, modification or tests normally 

performed at the port of entry by the manufacturer to prepare the 

vehicle for delivery to a dealer or customer.

    (1) Equipment or fixtures necessary to conduct the test may be 

installed on



[[Page 138]]



the vehicle if such equipment or fixtures have no effect on the noise 

emissions of the vehicle, as determined by the measurement methodology.

    (2) In the event of a vehicle malfunction (i.e., failure to start, 

etc.) the manufacturer may perform the maintenance that is necessary to 

enable the vehicle to operate in a normal manner. This maintenance must 

be documented and reported in the SEA report.

    (3) No quality control, quality assurance testing, assembly or 

selection procedures may be used on the test vehicle or any portion of 

the test vehicle including parts and subassemblies, unless such quality 

control, quality assurance testing, assembly or selection procedures are 

used normally during the production and assembly of all other vehicles 

of this configuration which will be distributed in commerce, are 

required or permitted under this subpart or are approved in advance by 

the Administrator.

    (4) If a vehicle is unable to complete the noise tests, the 

manufacturer may replace the vehicle. Any replacement vehicle must be a 

production vehicle of the same configuration as the replaced vehicle or 

a noisier configuration and will be subject to all the provisions of 

these regulations. Any replacement must be reported in the SEA report.

    (b) The Acceptable Quality Level (AQL) is 10 percent. The 

appropriate sampling plans associated with the designated AQL are 

contained in Appendix II or the test request.

    (c) The vehicles of the category, configuration or configuration 

subgroup selected for testing must be assembled by the manufacturer for 

distribution in commerce using the manufacturer's normal production 

process.

    (d) Unless otherwise indicated in the test request, the manufacturer 

must initiate testing with the vehicles of the category, configuration 

or configuration subgroup specified in the test request which are next 

scheduled for production after receipt of the test request.

    (e) The manufacturer must keep on hand all products in the test 

sample until the sample is accepted or rejected in accordance with Sec.  

205.160-6; except that vehicles actually tested and found to be in 

conformance with this regulation need not be kept.



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