OHRV Amendments

Second 15-day Notice May 2, 2007 

## APPENDIX I

STAFF’S PROPOSED MODIFICATIONS TO THE PROPOSED

REGULATION ORDER

Title 13 California Code of RegulationsOHRV Amendments

Second 15-day Notice May 2, 2007 I -2 Staff’s Proposed Modifications to the Proposed Regu lation Order

CALIFORNIA REGULATION FOR NEW 1997 AND LATER OFF-HI GHWAY

RECREATIONAL VEHICLES AND ENGINES

NOTE: The following text shows the additional modi fications to the previously proposed regulatory text. Unless otherwise indicat ed below, the originally proposed new provisions are shown in pla in text, the proposed modifications made available for public comment on March 29, 2007, are

shown in underline to indicate additions and strike out to show deletions. The second set of modifications now being made avai lable for public

comment is shown in double underline to indicate additions and bold

italicized strike through to indicate deletions. Only comments relating

to the modifications described in this second notic e will be considered by the Executive Officer. The symbol “* * * * *” indicates that the text that immediately follows the symbols remains u nchanged from the previous proposed regulation order.

Amend section 2411, title 13, California Code of Re gulations, to read as follows:

§ 2411. Definitions.

(a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the California Code of Regulations, apply with the foll owing additions:

* * * * *

(17) “Off-Road Sport Vehicle” means any off-highway motor vehicle that has all of the following features and characteristi cs: designed to travel on four wheels, having bench or bucket seating for one or m ore persons, having a steering wheel for steering control, designed for o peration over rough terrain, having a rear payload of less than 350 pounds not exceeding 600 pounds

, having an internal combustion engine with a displac ement less than or equal to one liter, and is capable of speeds 25 miles per ho ur or more. Vehicles otherwise meeting the definition for sand cars but powered by an engine with a displacement less than or equal to one liter are co nsidered off-road sport

vehicles.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 4301 3, 43018 and 43105, Health and Safety Code.OHRV Amendments

Second 15-day Notice May 2, 2007 I -3 Reference: Sections 43000, 43009.5, 43013, 43018, 4 3101, 43104, 43105, 43106, 43107, and 43204-43205.5, Health and Safety Code.

Comment

: The modified text in section 2411(a)(17) is a te chnical modification that more accurately describes the payload capacity of these new types of off-road recreational vehicles. This change reflec ts the Board’s intent to include this vehicle into California’s off-highway recreati onal vehicle regulation. It is also

consistent with the information received in the fir st 15-day public comment period.

Amend section 2112, title 13, California Code of Re gulations, to read as follows:

§ 2412. Emission Standards and Test Procedures – Ne w Off-Highway Recreational Vehicles and Engines.

(b)

* * * * *

(2) Evaporative Emissions. With the exception of vehicles certified solely w ith compression-ignition engines, E e vaporative emissions must not exceed:

Evaporative Emissions

Vehicle & Model Year Emission Component Permeation

Standard Test

Temperature

Fuel Tank

Permeation 1.5 28 °C (82 °F) ALL Off-Highway

Recreational Vehicles

2008 and Later g/m 2 /day (1) Hose Permeation 15.0 23 °C (73 °F)

1. Grams per square meter per day.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, and 43107, Health and Safety Code. Reference: Sections 43013, 43018, 43102, 43104 and 43107, Health and Safety

Code.

Comment

: The modified text in section 2412(b)(2) is inten ded to clarify that compression-ignition off-highway recreational vehic les are not subject to the evaporative emission standards contained in this re gulation. There was no intent in the staff’s original proposal to expand the Cali fornia’s OHRV evaporative emission requirements beyond those contained in the federal rule. This change

is consistent with the information received in the first 15-day public comment period.