§ 86.1010-96 - Compliance with acceptable quality level and passing and failing criteria for Selective Enforcement Audits.

(a) The prescribed acceptable quality level is 40 percent.

(b) A failed engine or vehicle is one whose final deteriorated test results pursuant to § 86.1009(c), for one or more of the applicable pollutants, including fuel spitback, exceed the applicable emission standard or compliance level. For the CST as described in subpart O of this part, a vehicle fail determination is made if the final deteriorated test results for HC and/or CO emissions from any CST exceed the applicable emission standard.

(c) Pass/fail criteria. (1) The manufacturer must test heavy-duty engines, heavy duty vehicles, or light-duty trucks comprising the test sample until a pass decision is reached for all pollutants, or a fail decision is reached for one pollutant. A pass decision is reached when the cumulative number of failed engines or vehicles, as defined in paragraph (b) of this section, for each pollutant is less than or equal to the pass decision number appropriate to the cumulative number of engines or vehicles tested. A fail decision is reached when the cumulative number of failed engines or vehicles for one or more pollutants is greater than or equal to the fail decision number appropriate to the cumulative number of engines or vehicles tested. The pass and fail decision numbers associated with the cumulative number of engines or vehicles tested are determined by use of the tables in appendix X to this part appropriate to the projected sales as made by the heavy-duty engine or heavy-duty vehicle manufacturer in its Application for Certification, or as made by the light-duty truck manufacturer as made in its report submitted under § 600.207-80(a)(2) of this chapter (Automobile Fuel Economy Regulations). In the tables in appendix X to this part, sampling plan “stage” refers to the cumulative number of engines or vehicles tested. Once a pass or fail decision has been made for a particular pollutant, the number of engines or vehicles whose final deteriorated test results exceed the emission standard or compliance level, if applicable, for that pollutant may not be considered any further for purposes of the audit.

(2) CST criteria only. A pass/fail decision is made based on the CST in its entirety rather than on a per pollutant basis. The manufacturer must test vehicles comprising the test sample until a pass or fail decision is reached for the CST. A pass decision is reached when the cumulative number of failed vehicles, as defined in paragraph (b) of this section, based on CST testing, is less than or equal to the pass decision number appropriate to the cumulative number of vehicles tested. A fail decision is reached when the cumulative number of failed vehicles based on CST testing is greater than or equal to the fail decision number appropriate to the cumulative number of vehicles tested. The pass and fail decision numbers associated with the cumulative number of vehicles tested are determined by use of the tables in appendix X to this part appropriate to the projected sales as made by the light-duty truck manufacturer as made in its report submitted under § 600.207-80(a)(2) of this chapter (Automobile Fuel Economy Regulations). In the tables in appendix X to this part, sampling plan “stage” refers to the cumulative number of engines or vehicles tested. Once a pass or fail decision has been made based on CST testing, the number of vehicles whose final deteriorated test results exceed any of the emission standards for any CST may not be considered any further for purposes of the audit.

(d) Passing or failing of a SEA occurs when the decision is made on the last engine or vehicle required to make a decision under paragraph (c) of this section.

(e) The Administrator may terminate testing earlier than required in paragraph (c) of this section.