[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR610.30]

[Page 937]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 610_FUEL ECONOMY RETROFIT DEVICES--Table of Contents
 
                   Subpart C_Test Requirement Criteria
 
Sec. 610.30  General.


    (a) If the Administrator determines, by the criteria given in 
subpart B, that the claims made for a device are not supported by 
existing test data or other information, the Administrator will request 
the manufacturer to furnish additional information, and may design a 
test program to investigate those areas where claims appear to be 
erroneous or unsupported or where adverse effects due to use of the 
device are suspected.
    (b) In cases where the Administrator determines on the basis of the 
preliminary analysis that a device either can have no significant 
beneficial effect on fuel economy, or will have an adverse effect on 
emissions, he may elect not to design a test program or test the device 
and to publish only his preliminary analysis and conclusions.
    (c) If the evaluation was initiated upon application of a 
manufacturer (as described in Sec. 610.12(c)) and the manufacturer 
elects not to have the device tested, the Administrator's preliminary 
analysis and conclusions will be published.
    (d) For each device that the Agency intends to test, the 
Administrator will give the manufacturer prior notice by mail of the 
Agency's intent to test the device and provide the manufacturer the 
opportunity to attend the test sessions and to comment on the specific 
test design and results.

[44 FR 17946, Mar. 23, 1979, as amended at 49 FR 18489, May 1, 1984]