---
kind: "section"
citation: "40 C.F.R. § 205.171-9"
title: "40"
number: "205.171-9"
heading: "Continued testing."
url: "https://uscodex.org/cfr/40/205.171-9"
---

# §205.171-9. Continued testing.

- (a) If an SEA failure occurs according to [paragraph (b)](/cfr/40/205.171-8.md?p=b) of § 205.171-8, the Administrator may require that any or all exhaust systems of that category produced at that plant be tested before distribution in commerce.
- (b) The Administrator will notify the manufacturer in writing of his intent to require continued testing of exhaust systems under [paragraph (a)](#a) of this section.
- (c) The manufacturer may request a hearing on the issues of whether the SEA was conducted properly; whether the criteria for SEA failure have been met; and the appropriateness or scope of a continued testing order. If a hearing is requested, the hearing will begin no later than 15 days after the date on which the Administrator received the hearing request. Neither the request for a hearing nor the fact that a hearing is in progress will affect the responsibility of the manufacturer to commence and continue testing required by the Administrator pursuant to [paragraph (a)](#a) of this section.
- (d) Any tested exhaust system which demonstrates conformance with the applicable standard may be distributed into commerce.
- (e) Any distribution into commerce of an exhaust system which does not comply with the applicable standard is a prohibited act.

## Notes

### Authority

Authority: Sec. 6 of the Noise Control Act (42 U.S.C. 4905).

### Source

Source: 45 FR 86718, Dec. 31, 1980, unless otherwise noted.

### Authority

Authority: Secs. 6, 10, 11, 13, Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912).

### Source

Source: 41 FR 15544, Apr. 13, 1976, unless otherwise noted.