[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR600.005-81]

[Page 864-866]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 600_FUEL ECONOMY OF MOTOR VEHICLES--Table of Contents
 
    Subpart A_Fuel Economy Regulations for 1977 and Later Model Year 
                     Automobiles_General Provisions
 
Sec. 600.005-81  Maintenance of records and rights of entry.

    The provisions of this section are applicable to all fuel economy 
data vehicles. Certification vehicles are required to meet the 
provisions of 40 CFR 86.000-7 or 40 CFR 86.1844-01, as applicable:
    (a) The manufacturer of any new motor vehicle subject to any of the 
standards or procedures prescribed in this part shall establish, 
maintain, and retain the following adequately organized and indexed 
records:
    (1) General records. (i) Identification and description of all 
vehicles for which data are submitted to meet the requirements of this 
part.
    (ii) A description of all procedures used to test each vehicle.
    (iii) A copy of the information required to be submitted under Sec. 
600.006 fulfills the requirements of paragraph (a)(1)(i) of this 
section.
    (2) Individual records. (i) A brief history of each vehicle for 
which data are submitted to meet the requirements of this part, in the 
form of a separate booklet or other document for each separate vehicles, 
in which must be recorded:
    (A) The steps taken to ensure that the vehicle with respect to its 
engine, drive train, fuel system, emission control system components, 
exhaust after treatment device, vehicle weight, or any other device or 
component, as applicable, will be representative of production vehicles. 
In the case of electric vehicles, the manufacturer should describe the 
steps taken to ensure that the vehicle with respect to its electic 
traction motor, motor controller, battery configuration, or any other 
device or component, as applicable, will be representative of production 
vehicles.
    (B) A complete record of all emission tests performed under part 86, 
all fuel economy tests performed under part 600 (except tests actually 
performed by EPA personnel), and all electic vehicle tests performed 
according to procedures promulgated by DOE, including all individual 
worksheets and other

[[Page 865]]

documentation relating to each such test or exact copies thereof; the 
date, time, purpose, and location of each test; the number of miles 
accumulated on the vehicle when the tests began and ended; and the names 
of supervisory personnel responsible for the conduct of the tests.
    (C) A description of mileage accumulated since selection of buildup 
of such vehicles including the date and time of each mileage 
accumulation listing both the mileage accumulated and the name of each 
driver, or each operator of the automatic mileage accumulation device, 
if applicable. Additionally, a description of mileage accumulated prior 
to selection or buildup of such vechicle must be maintained in such 
detail as is available.
    (D) If used, the record of any devices employed to record the speed 
of mileage, or both, of the test vehicle in relationship to time.
    (E) A record and description of all maintenance and other servicing 
performed, within 2,000 miles prior to fuel economy testing under this 
part, giving the date and time of the maintenance or service, the reason 
for it, the person authorizing it, and the names of supervisory 
personnel responsible for the conduct of the maintenance or service. A 
copy of the maintenance information to be submitted under Sec. 600,006-
81 fulfills the requirements of this paragraph.
    (F) A brief description of any significant events affecting the 
vehicle during any time of the period covered by the history not 
described in an entry under one of the previous headings including such 
extraordinary events as vehicle accidents or driver speeding citations 
or warnings.
    (3) The manufacturer shall retain all records required under this 
subpart for a period of five years after the end of the model year to 
which they relate. Records may be retained as hard copy or reduced to 
microfilm, punch cards, etc., depending on the record retention 
procedures of the manufacturer, provided that in every case all the 
information contained in hard copy shall be retained.
    (b)(1) Any manufacturer who has supplied fuel economy data to meet 
the requirements of this part shall admit any EPA Enforcement Officer 
during operating hours upon presentation of credentials at any of the 
following:
    (i) Any facility where any fuel economy tests from which data are 
submitted or any procedures or activities connected with these tests are 
performed.
    (ii) Any facility where any new motor vehicle which is being, was, 
or is to be tested is present.
    (iii) Any facility where any construction process used in the 
modification or buildup of a vehicle into a fuel economy data vehicle is 
taking place or has taken place.
    (iv) Any facility where any record or other document relating to any 
of the above is located.
    (2) Upon admission to any facility referred to in paragraph (b)(1) 
of this section, the manufacturer shall allow any EPA Enforcement 
Officer:
    (i) To inspect and monitor any part or aspect of procedures, 
activities, and testing facilities, including, but not limited to, 
monitoring vehicle preconditioning; emission and fuel economy tests and 
mileage accumulation; maintenance; vehicle soak and storage procedures; 
and to verify correlation of calibration of test equipment;
    (ii) To inspect and make copies of any required records, designs, or 
other documents; and
    (iii) To inspect and photograph any part or aspect of any fuel 
economy vehicle and any components to be used in the construction 
thereof.
    (3) Any EPA Enforcement Officer will be furnished, by those in 
charge of facility being inspected, with such reasonable assistance as 
may be required to help discharge any function listed in this paragraph 
(b). Each manufacturer is required to have those in charge of the 
facility furnish such reasonable assistance without charge to EPA 
whether or not the manufacturer controls the facility.
    (4) The duty to admit any EPA Enforcement Officer shall be 
applicable whether or not the manufacturer owns or controls the facility 
in question and is applicable to both domestic and foreign manufacturers 
and facilities. An EPA Enforcement Officer will not attempt to make any 
inspections which the officer has been informed are in

[[Page 866]]

contravention of any law. However, if local law makes it impossible for 
the EPA Enforcement Officer to verify or to ensure the accuracy of data 
generated at a facility such that no informed judgment can properly be 
made as to the accuracy or reliability of data generated by or obtained 
for the facility, then a vehicle or data from that vehicle shall not be 
accepted for use in subpart C or F of this part (unless the 
Administrator is otherwise convinced of the accuracy and reliability of 
such data).
    (5) For purposes of this paragraph (b):
    (i) ``Presentation of credentials'' means display of the document 
designating a person as an EPA Enforcement Officer.
    (ii) Where vehicle, component, or engine storage areas or facilities 
are concerned, ``operating hours'' shall mean all times during which 
personnel other than custodial personnel are at work in the vicinity of 
the area or facility and have access to it.
    (iii) For facilities or areas other than those covered by paragraph 
(b)(5)(ii) of this section, the term, ``operating hours'' will mean all 
times during which an assembly line is in operation or all times during 
which testing, maintenance, mileage accumulation, production or 
compilation of records, or any other procedure or activity related to 
fuel economy testing, or to vehicle manufacturer or assembly, is being 
carried out in a facility.
    (iv) ``Reasonable assistance'' means providing timely and 
unobstructed access to and opportunity for the copying of any record, 
book, paper, or document required to be maintained under this section 
and providing timely and unobstructed access to any motor vehicle, 
testing facility, or testing equipment.
    (v) Any entry without 24 hours prior written or oral notification to 
the affected manufacturer shall be authorized in writing by the 
Assistant Administrator for Enforcement.

[45 FR 49259, July 24, 1980, as amended at 64 FR 23973, May 4, 1999]