40 CFR §205.51
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)As used in this subpart, all terms not defined herein shall have the meaning given them in the Act or in other subparts of this part.
- (1)Acceptable Quality Level means the maximum percentage of failing vehicles that for purposes of sampling inspection, can be considered satisfactory as a process average.
- (2)Acceptance of a batch means that the number of noncomplying vehicles in the batch sample is less than or equal to the acceptance number as determined by the appropriate sampling plan.
- (3)Batch means the collection of vehicles of the same category, configuration or subgroup thereof as designated by the Administrator in a test request, from which a batch sample is to be drawn, and inspected to determine conformance with the acceptability criteria.
- (4)Batch size means the number as designated by the Administrator in the test request of vehicles of the same category or configuration in a batch.
- (5)Batch sample means the collection of vehicles of the same category, configuration or subgroup thereof which are drawn from a batch and from which test samples are drawn.
- (6)Batch sample size means the number of vehicles of the same category or configuration in a batch sample.
- (7)Cab over axle or cab over engine means the cab which contains the operator/passenger compartment is directly above the engine and front axle and the entire cab can be tilted forward to permit access to the engine compartment.
- (8)Category means a group of vehicle configurations which are identical in all material aspects with respect to the parameters listed in § 205.55-2.
- (9)Configuration means the basic classification unit of a manufacturer's product line and is comprised of all vehicle designs, models or series which are identical in material aspects with respect to the parameters listed in § 205.55-3.
- (10)Acceptance of a Batch sequence means that the number of rejected batches in the sequence is less than or equal to the acceptance number as determined by the appropriate sampling plan.
- (11)Rejection of a Batch sequence means that the number of rejected batches in a sequence is equal to or greater than the rejection number as determined by the appropriate sampling plan.
- (12)Capable of Transportation of Property on a street or highway means that the vehicle:
- (i)Is self propelled and is capable of transporting any material or fixed apparatus, or is capable of drawing a trailer or semi-trailer;
- (ii)Is capable of maintaining a cruising speed of at least 25 mph over level, paved surface;
- (iii)Is equipped or can readily be equipped with features customarily associated with practical street or highway use, such features including but not being limited to: A reverse gear and a differential, fifth wheel, cargo platform or cargo enclosure, and
- (iv)Does not exhibit features which render its use on a street or highway impractical, or highly unlikely, such features including, but not being limited to, tracked road means, an inordinate size or features ordinarily associated with combat or tactical vehicles.
- (13)Exhaust System means the system comprised of a combination of components which provides for enclosed flow of exhaust gas from engine exhaust port to the atmosphere.
- (14)Gross Combination Weight Rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination vehicle.
- (15)Gross Vehicle Weight Rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.
- (16)Inspection Criteria means the rejection and acceptance numbers associated with a particular sampling plan.
- (17)Model year means the manufacturer's annual production period which includes January 1 of such calendar year: Provided, that if the manufacturer has no annual production period, the term “model year” shall mean the calendar year.
- (18)Noise Control System includes any vehicle part, component or system the primary purpose of which is to control or cause the reduction of noise emitted from a vehicle.
- (19)Noise emission test means a test conducted pursuant to the measurement methodology specified in this subpart.
- (20)[Reserved]
- (21)Rejection of a batch means the number of noncomplying vehicles in the batch sample is greater than or equal to the rejection number as determined by the appropriate sampling plan.
- (22)Shift means the regular production work period for one group of workers.
- (23)Test sample means the collection of vehicles from the same category, configuration or subgroup thereof which is drawn from the batch sample and which will receive noise emissions tests.
- (24)Failing vehicle means that the measured emissions of the vehicle, when measured in accordance with the applicable procedure, exceeds the applicable standard.
- (25)Acceptance of a vehicle means that the measured emissions of the vehicle when measured in accordance with the applicable procedure, conforms to the applicable standard.
- (26)Tampering means those acts prohibited by section 10(a)(2) of the Act.
- (27)Test sample size means the number of vehicles of the same category or configuration in a test sample.
- (28)Test vehicle means a vehicle selected and used to demonstrate compliance with the applicable noise emission standards.
- (29)Vehicle means any motor vehicle, machine or tractor, which is propelled by mechanical power and capable of transportation of property on a street or highway and which has a gross vehicle weight rating in excess of 10,000 pounds and a partially or fully enclosed operator's compartment.