(a) Applicability. The requirements of this subsection apply to short tests conducted under Emissions Performance Warranty through December 31, 1993. The requirements of § 85.2238 apply concurrently until December 31, 1993, after which the requirements of § 85.2238 are solely in effect. The following exceptions apply: In a state where the Administrator has approved a SIP revision providing for implementation of a basic centralized program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the requirements of this section are concurrently in effect until June 30, 1994, for 1995 and earlier model year vehicles or engines; in a state where the Administrator has approved a SIP revision providing for implementation of an enhanced program meeting the requirements of part 51, subpart S of this chapter, according to the schedule specified in § 51.373 of this chapter, the requirements of this section are concurrently in effect until December 31, 1995, for 1995 and earlier model year vehicles or engines.
(b) Upon failure of a short test, the vehicle's operator or owner shall be furnished with a test report containing:
(1) Vehicle description, including either license plate or manufacturer identification number, and odometer readings.
(2) Date of test.
(3) Name of individual or organization performing the test and location thereof.
(4) Type of short test performed.
(5) Test results, exhaust concentrations for each mode measured.
(c) The test report shall certify that the short test was performed in accordance with these regulations and it shall be signed by an individual who either performed the test or has actual knowledge of the performance of the test.
(d) For purposes of this section, “failure of a short test” means that the vehicle exceeded the standards in this subpart or the Inspection/Maintenance standards of the jurisdiction, whichever is less stringent.
[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 58416, Nov. 1, 1993]
Title 40 published on 2012-07-01
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