(a) The manufacturer may request a hearing on the Administrator's decision if the Administrator rejects any of the following:
(1) The use of a manufacturer's fuel economy data vehicle, in accordance with § 600.008(e) or (g), or
(2) The use of fuel economy data, in accordance with § 600.008(c), or (f), or
(3) The determination of a vehicle configuration, in accordance with § 600.206(a), or
(4) The identification of a car line, in accordance with § 600.002, or
(5) The fuel economy label values determined by the manufacturer under § 600.312-08(a), then:
(b) The request for a hearing must be filed in writing within 30 days after being notified of the Administrator's decision. The request must be signed by an authorized representative of the manufacturer and include a statement specifying the manufacturer's objections to the Administrator's determinations, with data in support of such objection.
(c) If, after the review of the request and supporting data, the Administrator finds that the request raises one or more substantial factual issues, the Administrator shall provide the manufacturer with a hearing in accordance with the provisions of 40 CFR part 1068, subpart G.
(d) A manufacturer's use of any fuel economy data which the manufacturer challenges pursuant to this section shall not constitute final acceptance by the manufacturer nor prejudice the manufacturer in the exercise of any appeal pursuant to this section challenging such fuel economy data.
[76 FR 39530, July 6, 2011]