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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>20</VOL>
    <DATE>2007-07-01</DATE>
    <ORIGINALDATE>2007-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Compliance with acceptable quality level and passing and failing criteria for selective enforcement audits.</TITLE>
    <GRANULENUM>91.608</GRANULENUM>
    <HEADING>Section 91.608</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="2">AIR PROGRAMS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 91" SEQ="1">CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES</PARENT>
      <PARENT HEADING="Subpart G" SEQ="0">Selective Enforcement Auditing Regulations</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 91.608</SECTNO>
    <SUBJECT>Compliance with acceptable quality level and passing and failing criteria for selective enforcement audits.</SUBJECT>
    <P>(a) The prescribed acceptable quality level is 40 percent.</P>

    <P>(b) A failed engine is one whose final test results pursuant to § 91.509(b), for HC+NO<E T="52">X</E>. exceed the applicable family emission level.</P>

    <P>(c) The manufacturer must test engines comprising the test sample until a pass decision is reached for HC+NO<E T="52">X</E> or a fail decision is reached for HC+NO<E T="52">X</E>. A pass decision is reached when the cumulative number of failed engines, as defined in paragraph (b) of this section, for HC+NO<E T="52">X</E> is less than or equal to the pass decision number, as defined in paragraph (d) of this section, appropriate to the cumulative number of engines tested. A fail decision is reached when the cumulative number of failed engines for HC+NO<E T="52">X</E> is greater than or equal to the fail decision number, as defined in paragraph (d) of this section, appropriate to the cumulative number of engines tested.</P>

    <P>(d) The pass and fail decision numbers associated with the cumulative number of engines tested are determined by using the tables in Appendix A to this subpart, “Sampling Plans for Selective Enforcement Auditing of Marine Engines,” appropriate to the projected sales as made by the manufacturer in its report to EPA under § 91.504(c)(1). In the tables in Appendix A to this subpart, sampling plan “stage” refers to the cumulative number of engines tested. Once a pass or fail decision has been made for HC+NO<E T="52">X</E>. the number of engines with <PRTPAGE P="377"/>final test results exceeding the emission standard for HC+NO<E T="52">X</E> shall not be considered any further for the purposes of the audit.</P>
    <P>(e) Passing or failing of an SEA occurs when the decision is made on the last engine required to make a decision under paragraph (c) of this section.</P>
    <P>(f) The Administrator may terminate testing earlier than required in paragraph (c) of this section.</P>
  </SECTION>
</CFRGRANULE>

