[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: 40CFR205.57-9]



[Page 125-126]

 

                   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.  205.57-9  Prohibition on distribution in commerce; manufacturer's 

remedy.



    (a) The Administrator will permit the cessation of continued testing 

under Sec.  205.57-8 once the manufacturer has taken the following 

actions:

    (1) Submit a written report to the Administrator which identifies 

the reason for the noncompliance of the vehicles, describes the problem 

and describes the proposed quality control and/or quality assurance 

remedies to be taken by the manufacturer to correct the problem or 

follows the requirements for an engineering change. Such requirements 

include the following:

    (i) Any change to a configuration with respect to any of the 

parameters stated in Sec.  205.55-3 shall constitute the addition of a 

new and separate configuration or category to the manufacturer's product 

line.

    (ii) When a manufacturer introduces a new category or configuration 

to his product line, he shall proceed in accordance with Sec.  205.55-2.

    (iii) If the configuration to be added can be grouped within a 

verified category and the new configuration is estimated to have a lower 

sound pressure level than a previously verified configuration within the 

same category, the configuration shall be considered verified.

    (2) Demonstrates that the specified vehicle category, configuration 

or subgroup thereof has passed a retest conducted in accordance with 

Sec.  205.57 and the conditions specified in the initial test request.

    (3) The manufacturer may begin testing under paragraph (a)(2) of 

this section upon submitting such report, and may cease continued 

testing upon making the demonstration required by paragraph (a)(2) of 

this section, provided that the Administrator may require resumption of 

continued testing if he determines that the manufacturer has not 

satisfied the requirements of paragraphs (a)(1) and (2) of this section.



[[Page 126]]



    (b) Any vehicle failing the prescribed noise emission tests 

conducted pursuant to this Subpart B may not be distributed in commerce 

until necessary adjustments or repairs have been made and the vehicle 

passes a retest.

    (c) No vehicles of a rejected batch which are still in the hands of 

the manufacturer may be distributed in commerce unless the manufacturer 

has demonstrated to the satisfaction of the Administrator that such 

vehicles do in fact conform to the regulations: Except, that any vehicle 

that has been tested and does, in fact, conform with these regulations 

may be distributed in commerce.



[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 47 

FR 57715, Dec. 28, 1982]