[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: 40CFR205.57-1]



[Page 121-122]

 

                   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.  205.57-1  Test request.



    (a) The Administrator will request all testing under Sec.  205.57 by 

means of a test request addressed to the manufacturer.

    (1) Except as provided in paragraphs (a) (2) and (3) of this 

section, the Administrator will not issue to a manufacturer during any 

model year more test requests than a number determined by dividing the 

total number of vehicles subject to this regulation which the 

manufacturer projects he will produce during that model year by 25,000 

and rounding to the next higher whole number: Except, that the 

Administrator may issue one additional test request beyond the annual 

limit to any manufacturer for each time a batch sequence for any 

category, configuration or subgroup thereof of such manufacturer's 

production is rejected in accordance with Sec.  205.57-7.

    (2) Any test request issued against a category, configuration or 

subgroup thereof which the Administrator has reason to believe does not 

meet the standards specified in Sec.  205.52 will not be counted against 

the annual limit on test requests described in paragraph (a)(1) of this 

section. Any such request shall include a statement of the 

Administrator's reason for such belief.

    (3) Any test request under which testing is not completed will not 

be counted against the annual limit on test requests described in 

paragraph (a)(1) of this section.

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

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

an EPA Enforcement Officer to the plant manager or other responsible 

official as designated by the manufacturer.

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

configuration or subgroup thereof selected for testing, the batch from 

which sampling is to begin, the batch size, the manufacturer's plant or 

storage facility from which the vehicles must be selected, the time at 

which a vehicle must be selected. The test request will also provide for 

situations in which the selected configuration or category is 

unavailable for testing. The test request may include an alternative 

category or configuration selected for testing in the event that 

vehicles of the first specified category or configuration are not 

available for testing because the vehicles are not being manufactured at 

the specified plant and/or are not being manufactured during the 

specified time or not being stored at the specified plant or storage 

facility.

    (d) Any manufacturer shall, upon receipt of the test request, select 

and test a batch sample of vehicles from two consecutively produced 

batches of the vehicle category or configurations specified in the test 

request in accordance with these regulations and the conditions 

specified in the test request.

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

request shall be initiated within such period as is specified within the 

test request: Except, that such 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 any 24-hour period do not permit testing: Provided, That these 

conditions for that period are recorded.

    (2) The manufacturer shall complete emission testing on a minimum of 

five vehicles per day unless otherwise provided for by the Administrator 

or unless ambient test site conditions only permit the testing of a 

lesser number: Provided, that ambient test site weather conditions for 

that period are recorded.

    (3) The manufacturer will be allowed 24 hours to ship vehicles from 

a batch 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: 

Except, that the Administrator may approve more time based upon a 

request by the manufacturer accompanied by a satisfactory justifi 

cation.

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

cease to distribute into commerce vehicles of a



[[Page 122]]



specified category or configuration being manufactured at a particular 

facility if:

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

request issued by the Administrator pursuant to this section; or

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

of this section.

    (g) A cease-to-distribute order shall not be issued under paragraph 

(f) of this section if such refusal is caused by conditions and 

circumstances outside the control of the manufacturer which renders it 

impossible to comply with the provisions of a test request or any other 

requirements of this section. Such conditions and circumstances shall 

include, but are not limited to, any uncontrollable factors which result 

in the temporary unavailability of equipment and personnel needed to 

conduct the required tests, such as equipment break-down or failure or 

illness of personnel, but shall not include failure of the manufacturer 

to adequately plan for and provide the equipment and personnel needed to 

conduct the tests. The manufacturer will bear the burden of establishing 

the presence of the conditions and circumstances required by this 

paragraph.

    (h) Any such order shall be issued only after a notice and 

opportunity for a hearing.



[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61459, Dec. 5, 1977; 43 

FR 12326, Mar. 24, 1978]