G/TBT/N/USA/1630  
16 July 2020 
(20-4861) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:  Environmental Protection Agency, Air Resources Board, State of 
California [1658]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]: 
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Vehicle  add-on or modified parts; Road vehicles in general (ICS 43.020), Road vehicle 
systems (ICS 43.040)  
5. Title, number of pages and lang uage(s) of the notified document:  Proposed 
Procedures for the Exemption of Add -on and Modified Part(s) for On -Road Vehicles/Engines 
(4 page(s), in English)  
6. Description of content:  Proposed Rule - Amends rules to incorporate by reference 
various federal  regulations and test methods. The United States Environmental Protection 
Agency (U.S. EPA) has adopted regulations applicable to aftermarket parts in the Code of 
Federal Regulations, title 40, part 85. Federally, an aftermarket emission control device is 
covered under U.S. EPA's 1974 "Interim Tampering Enforcement Policy." However, these 
regulations establish only a voluntary self -certification program. In contrast, the California 
Air Resources Board's (CARB) aftermarket parts procedures require aftermarke t part 
manufacturers to receive and obtain an exemption before they can offer parts for sale in 
California.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
• No. 23 -Z, California Regulatory Notice Register 5 June 2020 (pages 800 -804):  
https://oal.ca.gov/wp -content/uploads/sites/166/2020/06/2 020-Notice -Register -
Number -23-Z-June-5-2020.pdf  
• Procedures for the Exemption of Add -On and Modified Part(s) for On Road 
Vehicles/Engines:  
https://ww2.arb.ca.gov/rulemaking/2020/ampts2020  G/TBT/N/USA/1630  
 
- 2 - 
 
  • California Code of Regulations (CCR) Title 13. Motor Vehicles; Division 3. Air 
Resources Board; Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution 
Control Devices and Fuel Additives; Article 2. Aftermarket Parts; Section 2222, 
2224:  
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofReg ula
tions?guid=IC48552E1D46911DE8879F88E8B0DAAAE&transitionType=Default&con
textData=%28sc.Default%29  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 July 2020  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/cr nattachments/2020/TBT/USA/20_4263_00_e.pdf