Document ID: chunk:federal_register_of_legislation:F2012C00283:reg:32:p6
Version: federal_register_of_legislation:F2012C00283
Segment Type: reg
Provision Reference: reg 32 (pt 6/8)
Character Range: 128529–131423

emission must be determined and another vehicle is then taken at random from the sample.
              3.2.2.2. Where more than one vehicle meets the condition of this paragraph, the Administrative Department and the manufacturer must determine if the excess emission from both vehicles is due to the same cause or not.
              3.2.2.2.1. If the Administrative Department and the manufacturer both agree that the excess emission is due to the same cause, the sample is regarded as having failed and the plan of remedial measures outlined in paragraph 6. of Appendix 3 applies.
              3.2.2.2.2. If the Administrative Department and the manufacturer can not agree on either the cause of the excess emission from an individual vehicle or whether the causes for more than one vehicle are the same, another vehicle is taken at random from the sample, unless the maximum sample size has already been reached.
              3.2.2.3. When only one vehicle meeting the conditions of this paragraph has been found, or when more than one vehicle has been found and the Administrative Department and the manufacturer agree it is due to different causes, another vehicle is taken at random from the sample, unless the maximum sample size has already been reached.
              3.2.2.4. If the maximum sample size is reached and not more than one vehicle meeting the requirements of this paragraph has been found where the excess emission is due to the same cause, the sample is regarded as having passed with regard to the requirements of paragraph 3. of this appendix.
              3.2.2.5. If, at any time, the initial sample has been exhausted, another vehicle is added to the initial sample and that vehicle is taken.
              3.2.2.6. Whenever another vehicle is taken from the sample, the statistical procedure of paragraph 4. of this appendix is applied to the increased sample.
              3.2.3. In the specific case of a vehicle with a measured emission for any regulated pollutant within the "failure zone"[2].
              3.2.3.1. If the vehicle meets the conditions of this paragraph, the Administrative Department shall determine the cause of the excess emission and another vehicle is then taken at random from the sample.
              3.2.3.2. Where more than one vehicle meets the condition of this paragraph, and the Administrative Department determines that the excess emission is due to the same cause, the manufacturer shall be informed that the sample is regarded as having failed, together with the reasons for that decision, and the plan of remedial measures outlined in paragraph 6. of Appendix 3 applies.
              3.2.3.3. When only one vehicle meeting the conditions of this paragraph has been found, or when more than one vehicle has been found and the Administrative Department has determined that it is due to different causes, another vehicle is