[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: 40CFR205.55-2]



[Page 118-119]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

Contents

 

                    Subpart B_Medium and Heavy Trucks

 

Sec.  205.55-2  Compliance with standards.



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

configuration, the first manufactures of such vehicles must verify such 

configurations in accordance with the requirements of this subpart.

    (2) [Reserved]

    (3) At any time following receipt of notice under this section with 

respect to a configuration, the Administrator may require that the 

manufacturer ship test vehicles to the EPA test facility in order for 

the Administrator to perform the tests required for production 

verification.

    (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.  205.54 of a vehicle selected in 

accordance with Sec.  205.57-2, and

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

tested in accordance with Sec.  205.54.

    (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 which consist of:

    (i) Grouping configurations into a category where each category will 

be determined by a separate combination of at least the following 

parameters (a manufacturer may use more parameters):

    (a) Engine type.

    (1) Gasoline--two stroke cycle.

    (2) Gasoline--four stroke cycle.

    (3) Diesel--two stroke cycle.

    (4) Diesel--four stroke cycle.

    (5) Rotary--wankel.

    (6) Turbine.

    (7) Other.

    (b) Engine manufacturer.

    (c) Engine displacement.

    (d) Engine configuration (e.g., L-6, V-8, etc.).

    (e) Series (i.e., cab design) including but not limited to 

conventional, cab over engine, and cab forward.

    (ii) Identifying the configuration within each category which emits 

the highest sound pressure level (dBA) based on his best technical 

judgment and/or emission test data;

    (iii) Testing in accordance with Sec.  205.54 of a vehicle selected 

in accordance with Sec.  205.57-2 which must 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; and

    (iv) Compliance of the test vehicle with applicable standards when 

tested in accordance with Sec.  205.54.

    (2) Where the requirements of paragraph (c)(1) 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



[[Page 119]]



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 with that category 

which are determined to have sound pressure levels no 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 paragraphs (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) [Reserved]

    (e) The manufacturer may, at his option, proceed with any of the 

following alternatives with respect to any vehicle determined not 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.



[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61458, Dec. 5, 1977; 47 

FR 57714, Dec. 28, 1982; 48 FR 27040, June 13, 1983]