[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.305]

[Page 641]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES
AND VEHICLES--Table of Contents
 
         Subpart D_Testing Production-Line Vehicles and Engines
 
Sec.  1051.305  How must I prepare and test my production-line vehicles or engines?

    (a) Test procedures. Test your production-line vehicles or engines 
using the applicable testing procedures in subpart F of this part to 
show you meet the emission standards in subpart B of this part.
    (b) Modifying a test vehicle or engine. Once a vehicle or engine is 
selected for testing (see Sec.  1051.310), you may adjust, repair, 
prepare, or modify it or check its emissions only if one of the 
following is true:
    (1) You document the need for doing so in your procedures for 
assembling and inspecting all your production vehicles or engines and 
make the action routine for all the vehicles or engines in the engine 
family.
    (2) This subpart otherwise specifically allows your action.
    (3) We approve your action in advance.
    (c) Malfunction. If a vehicle or engine malfunction prevents further 
emission testing, ask us to approve your decision to either repair it or 
delete it from the test sequence.
    (d) Setting adjustable parameters. Before any test, we may adjust or 
require you to adjust any adjustable parameter to any setting within its 
physically adjustable range.
    (1) We may adjust or require you to adjust idle speed outside the 
physically adjustable range as needed only until the vehicle or engine 
has stabilized emission levels (see paragraph (e) of this section). We 
may ask you for information needed to establish an alternate minimum 
idle speed.
    (2) We may make or specify adjustments within the physically 
adjustable range by considering their effect on emission levels, as well 
as how likely it is someone will make such an adjustment with in-use 
vehicles.
    (3) We may adjust the air-fuel ratio within the adjustable range 
specified in Sec.  1051.115(d).
    (e) Stabilizing emission levels. Before you test production-line 
vehicles or engines, you may operate the vehicle or engine to stabilize 
the emission levels. Using good engineering judgment, operate your 
vehicles or engines in a way that represents the way they will be used. 
You may operate each vehicle or engine for no more than the greater of 
two periods:
    (1) 50 hours or 500 kilometers.
    (2) The number of hours or kilometers you operated the emission-data 
vehicle used for certifying the engine family (see 40 CFR part 1065, 
subpart E, or the applicable regulations governing how you should 
prepare your test vehicle or engine).
    (f) Damage during shipment. If shipping a vehicle or engine to a 
remote facility for production-line testing makes necessary an 
adjustment or repair, you must wait until after the initial emission 
test to do this work. We may waive this requirement if the test would be 
impossible or unsafe, or if it would permanently damage the vehicle or 
engine. Report to us, in your written report under Sec.  1051.345, all 
adjustments or repairs you make on test vehicles or engines before each 
test.
    (g) Retesting after invalid tests. You may retest a vehicle or 
engine if you determine an emission test is invalid under subpart F of 
this part. Explain in your written report reasons for invalidating any 
test and the emission results from all tests. If you retest a vehicle or 
engine, you may ask us within ten days of testing. We will generally 
answer within ten days after we receive your information.

[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40498, July 13, 2005]