[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.442-78]

[Page 642-643]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES--Table of Contents
 
   Subpart E_Emission Regulations for 1978 and Later New Motorcycles, 
                           General Provisions
 
Sec. 86.442-78  Denial, revocation, or suspension of certification.

    (a) Notwithstanding the fact that any certification vehicle(s) may 
comply with other provisions of this subpart, the Administrator may 
withhold or deny the issuance of a certificate of conformity (or suspend 
or revoke any such certificate which has been issued) with respect to 
any such vehicle(s) if:
    (1) The manufacturer submits false or incomplete information in his 
application for certification thereof; or
    (2) The manufacturer renders inaccurate or invalid any test data 
which he submits pertaining thereto or otherwise circumvents the intent 
of the Act or of this subpart with respect to such vehicle; or
    (3) Any EPA Enforcement Officer is denied access on the terms 
specified in Sec. 86.441 to any facility or portion thereof which 
contains any of the following:
    (i) The vehicle, or
    (ii) Any components used or considered for use in its modification 
or build-up into a certification vehicle, or
    (iii) Any production vehicle which is or will be claimed by the 
manufacturer to be covered by the certificate, or
    (iv) Any step in the construction of a vehicle described in 
paragraph (c) of this section, or
    (v) Any records, documents, reports, or histories required by this 
part to be kept concerning any of the above.
    (4) Any EPA Enforcement Officer is denied ``reasonable assistance'' 
(as defined in Sec. 86.444) in examining any of the items listed in 
paragraph (a)(1)(iii) of this section.
    (b) The sanctions of withholding, denying, revoking, or suspending 
of a certificate may be imposed for the reasons in paragraph (a) of this 
section only when the infraction is substantial.
    (c) In any case in which a manufacturer knowingly submits false or 
inaccurate information, or knowingly renders inaccurate or invalid any 
test data, or commits any fraudulent acts and such acts contribute 
substantially to the Administrator's decision to

[[Page 643]]

issue a certificate of conformity, the Administrator may deem such 
certificate void ab initio.
    (d) In any case in which certification of a vehicle is proposed to 
be withheld, denied, revoked, or suspended under paragraph (a) (3) or 
(4) of this section, and in which the Administrator has presented to the 
manufacturer involved reasonable evidence that a violation of Sec. 
86.441 in fact occurred, the manufacturer, if the wishes to contend 
that, even though the violation occurred, the vehicle in question was 
not involved in the violation to a degree that would warrant 
withholding, denial, revocation, or suspension of certification under 
either paragraph (a) (3) or (4) of this section, shall have the burden 
of establishing that contention to the satisfaction of the 
Administrator.
    (e) Any revocation or suspension of certification under paragraph 
(a) of this section shall:
    (1) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.444 
hereof.
    (2) Extend no further than to forbid the introduction into commerce 
of vehicles previously covered by the certification which are still in 
the hands of the manufacturer, except in cases of such fraud or other 
misconduct as makes the certification invalid ab initio.
    (f) The manufacturer may request in the form and manner specified in 
Sec. 86.443 that any determination made by the Administrator under 
paragraph (a) of this section to withhold or deny certification be 
reviewed in a hearing conducted in accordance with Sec. 86.444. If the 
Administrator finds, after a review of the request and supporting data, 
that the request raises a substantial factual issue, he will grant the 
request with respect to such issue.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56738, Oct. 28, 1977]