[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: 40CFR205.57-8]



[Page 125]

 

                   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.  205.57-8  Continued testing.



    (a) If a batch sequence is rejected in accordance with paragraph (b) 

of Sec.  205.57-7, the Administrator may require that any or all 

vehicles of that category, configuration of subgroup thereof produced at 

that plant be tested before distribution in commerce.

    (b) The Administrator will notify the manufacturer in writing of his 

intent to require such continued testing of vehicles pursuant to 

paragraph (a) of this section.

    (c) The manufacturer may request a hearing on the issues of whether 

the selective enforcement audit was conducted properly; whether the 

criteria for batch sequence rejection in Sec.  204.57-7 have been met; 

and, the appropriateness or scope of a continued testing order. In the 

event that a hearing is requested, the hearing shall begin no later than 

15 days after the date on which the Administrator received the hearing 

request. Neither the request for a hearing nor the fact that a hearing 

is in progress shall affect the reponsibility of the manufacturer to 

commence and continue testing required by the Administrator pursuant to 

paragraph (a) of this section.

    (d) Any tested vehicle which demonstrated conformance with the 

applicable standards may be distributed into commerce.

    (e) Any knowing distribution into commerce of a vehicle which does 

not comply with the applicable standards is a prohibited act.



[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 44 

FR 54296, Sept. 19, 1979]