OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

APPENDIX II 

STAFF’S PROPOSED MODIFICATIONS TO THE INCORPORATED 

TEST PROCEDURES 

The following text shows the additional modifications to the previously proposed 

regulatory text. Unless otherwise indicated below, the originally proposed new 

provisions are shown in plain text, the proposed modifications made available for 

public comment on March 29, 2007, are shown in underline to indicate additions 

and strikeout to show deletions. The second set of modifications now being made 

available for public comment is shown in double underline to indicate additions 

and bold italicized strikethrough to indicate deletions. Only comments relating 

to the modifications described in this second notice will be considered by the 

Executive Officer. 
OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

II-2

State of California 

AIR RESOURCES BOARD 

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PROCEDURES 

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLES AND 

ENGINES 

Adopted: May 26, 1995 

Amended: October 22, 1999 

Amended: <insert date of amendment here> 

NOTE: This document incorporates by reference, with noted modifications, 

sections of Subparts E and F, Part 86, Title 40, Code of Federal Regulations, and 

sections of Subparts B, C, F, and I, Part 1051, Title 40, Code of Federal 

Regulations. California provisions which replace specific federal provisions are 

denoted by the words “DELETE” for the federal language and “REPLACE WITH” 

or “ADD” for the new California language. The symbols “* * * * *” and “...” mean 

that the federal text that immediately follows the symbols is unchanged and 

incorporated by reference into the California Standards and Test Procedures. 

Sections of the federal regulations which are not listed are not part of the 

California Standards and Test Procedures. For completeness, additions to the 

federal regulations occurring since this document was last amended are also 

included. 
OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

II-3

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PROCEDURES 

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLES AND 

ENGINES 

The following provisions of Subpart E and F, Part 86, Title 40, Code of Federal 

Regulations, as adopted or amended by the U. S. Environmental Protection 

Agency on the date listed are adopted and incorporated herein by this reference 

as the California Exhaust Emission Standards and Test Procedures for 1997 and 

Later Off-Highway recreational vehicles and engines, except as altered or 

replaced by the provisions set forth below. 

PART 86, CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY 

VEHICLES AND ENGINES 

Subpart E, General Provisions for Emission Regulations for 1978 and Later New 

Motorcycles 

SOURCE: 42 FR 1126, Jan. 5, 1977, unless otherwise 

86.402-78 Definitions. 49 FR 48138, Dec. 10, 1984 

* * * * * 

ADD: 

“Off-Road Sport Vehicle” means any off-highway motor vehicle that has all of the 

following features and characteristics: designed to travel on four wheels, having 

bench or bucket seating for one or more persons, having a steering wheel for 

steering control, designed for operation over rough terrain, having a rear payload

of less than 350 pounds not exceeding 600 pounds, having an internal 

combustion engine with a displacement less than or equal to one liter, and is 

capable of speeds 25 miles per hour 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 considered off-road sport vehicles.

* * * * * 

Comment: The modified text in section 86.402-78 is a technical modification that 

more accurately describes the payload capacity of these new types of off-road 

recreational vehicles. This change reflects the Board’s intent to include this 

vehicle into California’s off-highway recreational vehicle regulation. It is also 

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

period. 
OHRV Amendments 

Second 15-day Notice 

May 2, 2007 

II-4

The following provisions of Subparts A, B, C, F, and I, Part 1051, Title 40, Code 

of Federal Regulations, as adopted or amended by the U. S. Environmental 

Protection Agency on the date listed are adopted and incorporated herein by this 

reference as the California Exhaust Emission Standards and Test Procedures for 

1997 and Later Off-Highway recreational vehicles and engines. The following 

modifications generally substitute California references for federal references, but 

do not change any standard, implementation, or test procedure related to the 

evaporative control requirements found in the incorporated subparts of the 

federal regulation. 

PART 1051, CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES 

AND VEHICLES 

Subpart A, Determining How to Follow This Part

1051.5. Which engines are excluded or exempted from this part’s requirements?

DELETE

REPLACE WITH:

You may exclude vehicles with compression-ignition engines.

Subpart B, Emission Standards and Related Requirements 

* * * * * 

Comment: The addition of subpart A and section 1051.5 is intended to clarify 

that compression-ignition off-highway recreational vehicles are not subject to the 

evaporative emission standards contained in this regulation. There was no intent 

in the staff’s original proposal to expand the California’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.