State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-07-004

Amendments to the California Regulations for New 19 97 and Later Off-Highway Recreational Vehicles and Engines

WHEREAS, on July 20, 2006, the Air Resources Board (the Board or ARB) conducted a public hearing to consider amendments to the Califo rnia regulations for new 1997 and later off-highway recreational vehicles and engines , as set forth in the Initial Statement of Reasons released to the public on June 2, 2006;

WHEREAS, following the public hearing on, the Board adopted Resolution 06-23 in which the Board approved amendments to title 13, Ca lifornia Code of Regulations (CCR), division 3, chapter 9, article 3, “Off-Highw ay Recreational Vehicles and Engines,” sections 2411, 2412, 2413, and 2415, as s et forth in A thereto, and to the incorporated “California Exhaust Emissions Standard s and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Eng ines,” as set forth in Attachment B thereto, with the modifications described in Attach ment C thereto;

WHEREAS, Resolution 06-23 directed the Executive Of ficer to take final action to adopt the regulatory amendments set forth in Attachments A and B to Resolution 06-23, with such other conforming modifications as might be app ropriate, after making the modified regulatory language available to the public for a p eriod of at least 15 days, provided that

the Executive Officer considered such written comme nts as might be submitted during this period, make such further modifications as mig ht be appropriate in light of the comments received or as necessary to ensure consist ency with the modifications approved by the Board, and presented the regulatory amendments to the Board for

further consideration if she determined that this w as warranted;

WHEREAS, on March 29, 2007, the modified regulation s, reflecting the amendments approved by the Board and other changes made to bes t reflect the intent of the Board at the hearing and to respond to comments, were made a vailable for public comment for a period of at least 15 days, with the changes to the originally proposed text clearly indicated, in accordance with the provisions of tit le 1, California Code of Regulations, section 44;

WHEREAS, written comments were received during the first 15-day comment period and those comments have been considered by the Exec utive Officer.

WHEREAS, on May 2, 2007, additional modifications w ere prepared in response to the comments received during the first 15-day comment p eriod, and were made available for public comment for a period of at least 15 days , with the changes to the previously proposed text clearly indicated, in accordance with the provisions of title 1, California Code of Regulations, section 44;Executive Order R-07-004 -2-

WHEREAS, written comments were received during the second 15-day comment period and those comments have been considered by the Exec utive Officer;

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in Resolution 06-23 are incorporated by reference here in.

IT IS FURTHER ORDERED that the following regulation s are amended as set forth in Attachment 1 hereto: title 13, CCR, division 3, cha pter 9, article 3, “Off-Highway Recreational Vehicles and Engines,” sections 2411, 2412, 2413, and 2415, as set forth in A thereto, and to the incorporated “California E xhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreatio nal Vehicles and Engines.”

Executed this _ 1 st

__ day of __ June_ , 2007, at Sacramento, California.

__________/s/__________ Catherine Witherspoon

Executive Officer

Attachments