ATTACHMENT B

State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PRO CEDURES

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLE S 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 Fed eral Regulations, and sections of Subparts B, C, F, and I, Part 1051, Tit le 40, Code of Federal Regulations . California provisions which replace specific fed eral provisions are denoted by the words “DELETE” for the federal l anguage and “REPLACE WITH” or “ADD” for the new California lang uage. The symbols

“****” and “...” mean that the federal text that im mediately follows the symbols is unchanged and incorporated by reference into the California Standards and Test Procedures. Sections of the federal regul ations which are not listed are not part of the California Standards and Test P rocedures.

This Document is printed in a style to indicate cha nges from the existing provisions. All existing language is indicated by plain type. All additions to language are indicated by underline . All deletions to language are indicated by strikeout

.2

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PRO CEDURES

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLE S AND ENGINES

The following provisions of Subpart E and F, Part 8 6, Title 40, Code of Federal Regulations, as adopted or amended by the U. S. Env ironmental 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 H IGHWAY VEHICLES

AND ENGINES

Subpart E, General Provisions for Emission Regulati ons for 1978 and Later New Motorcycles

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

86.401-78 General Applicability. 42 FR 1126, Jan. 5, 1977.

DELETE

86.401-90 General Applicability. 54 FR 14539, Apr. 11, 1989.

(a) DELETE,

REPLACE WITH: (a) This subpart applies to all 1997 and later mode l year off-road motorcycles, all-terrain vehicles, golf carts, and engines used in such vehi cles produced on or after January 1,

1997.

(b) DELETE

(c) DELETE

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

* * * *

“Administrator” DELETE,

REPLACE WITH:

“Administrator” means the Executive Officer of the Air Resources Board, or their designee.

* * * *3

“All-Terrain Vehicle” (ATV) Class I” means any motorized off-highway vehicle 50 inches (1270 mm) or less in overall width, with an unladen dry weight of 606 pounds (275 kg) or
less, that has all of the following features and characte ristics: designed to travel on four or

more low pressure tires, having a seat designed to be st raddled by the operator and handlebars for steering control, and intended for use by a single operator and no passengers. The vehicle is designed to carry not m ore than 350 pounds (160 kg) payload, excluding the operator , and is powered by an internal combustion engine. Width and unladen weight shall be exclusive of accessories an d optional equipme nt. A golf cart is not, for purposes of this regulation, to be classif ied as an all-terrain vehicle.

ADD: “All-Terrain Vehicle (ATV) Class II” means a motori zed off-highway vehicle possessing the same features and characteristics as Class I ATVs, but having straddle seating for one operator and one passenger.

ADD: (C) “All-Terrain Vehicle (ATV) Class III” means any off-highway motor vehicle that has all of the following features and characte ristics: designed to travel on four or more wheels, having bench or bucket seating for two or more persons, designed for operation over rough terrain, having either a rear payload 350 pounds or more or seating for six or more passengers, having an engin e displacement less than or equal to one liter, having a maximum brake power less tha n or equal to 30 kilowatts, and is capable of speeds over 25 miles per hour.

“Certificate of Conformity” means an Executive Orde r.

“Certification” means certification as defined in S ection 39018 of the Health and Safety

Code.

* * * *

“EPA Enforcement Officer” DELETE,

REPLACE WITH:

“EPA Enforcement Officer” means an “ARB Enforcement Officer” which means any employee of the Air Resources Board so designated i n writing by the Executive Officer of the Air Resources Board or by the Executive Officer ’s designee.

* * * *

“Executive Order” means an order issued by the Exec utive Officer of the Air Resources Board certifying engines for sale in California.

“Exhaust Emissions” DELETE,

REPLACE WITH:

“Exhaust Emissions” means substances emitted to the atmosphere from any opening4

downstream from the exhaust port of an off-highway recreational vehicle.

* * * *

ADD:

“Golf Cart” means a vehicle used to convey equipmen t and no more than two persons, including the driver, to play the game of golf in a n area designated as a golf course. Golf carts are designed to have an unladen weight of les s than 1,300 pounds and carry not more than 100 pounds, excluding passengers, accesso ries and optional equipment. A golf cart is not used for grounds keeping or maintenance purposes.

* * * *

“Motorcycle” DELETE,

REPLACE WITH: “Motorcycle” means Off-Road Motorcycle, All-Terrain Vehicle, and Engines used in such

vehicles.

* * * *

ADD: “Off-Highway Recreational Vehicle Engines” or “Engi nes” are identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, d iesel, or alternate- fuel powered engines or electric motors that are designed for powering off- road recreational vehicles and engines
included in, but not limited to use in, the following: off-road motorcycles, all-terrain v ehicles, and golf carts. All engines and equipment that fal l within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this
category.

“Off-Road Equipment and Vehicle” means any non-stat ionary device, powered by an internal combustion engine or electric motor, used primarily off the highways, to propel, move, or draw persons or property including any dev ice propelled, moved, or drawn exclusively by human power, and used in, but not li mited to the following applications: Marine Vessels, Construction/Farm Equipment, Locomo tives, Utility engines and Lawn and Garden Equipment, Off-Road Motorcycles, and Off-Hig hway Vehicles.

“Off-Road Motorcycle” means any two or three wheele d vehicle equipped with an internal combustion engine and weighing less than 1,499 poun ds. An off-road motorcycle is primarily designed for use off highways. These vehi cles are mainly used for recreational riding on dirt trails but are not limited to this p urpose.

* * * *5

“Total Test Distance” DELETE,

REPLACE WITH: “Total Test Distance” is defined as the appropriate distance the vehicle should be driven to stabilize the emission characteristics of the engin e. The manufacturer shall determine the appropriate distance.

ADD: “Ultimate Purchaser” means the first person who in good faith purchases or leases a new engine, vehicle, or piece of equipment for purposes other than resale.

* * * *

“Useful life” DELETE,

REPLACE WITH:

“Useful life” is defined as follows:

ENGINE DISPLACEMENT USEFUL LIFE (in cubic centimeters) (in years and Kilometers )

0 to less than 170 5 years or 10,000 km 170 to less than 280 5 years or 10,000 km 280 or greater 5 years or 10,000 km

* * * *

ADD: “Vehicle Identification Number (VIN)” means an alph a numeric code which has been permanently assigned by the manufacturer to a vehic le. The VIN is unique to each vehicle and may contain information deemed necessary by gov erning agencies. Unless otherwise noted, the VIN will follow formats specified in the Code of Federal Regulations 49, Chapter V, Parts 565, 566, and 571, section 571.115 – Vehicle Identification Number – Content Requirements.

86.403-78 Abbreviations.

ARB- California Air Resources Board.

* * * * Bhp- Brake-horsepower. Bhp-hr- Brake horsepower-hour.

* * * * Hp- Horsepower.

* * * *

PM- Particulate Matter

* * * *6

86.404-78 Section Numbering

* * * *

86.405-78 Measurement system.

* * * *

86.406-78 Introduction, structure of subpart, furth er information.

DELETE

86.407-78 Certificate of conformity required.

DELETE,

REPLACE WITH: Every new off-road motorcycle, all-terrain vehicle, golf cart, and engines used in such vehicles produced for sale, lease, or use, or introduced into commerce in California which is subject to any of the standards prescribed in this subpart is required to be covered by an executive order issued pursuant to this subpart.

86.408-78 General Standards; Increase in Emissions; Unsafe Conditions.

(a) DELETE, “Any system installed on or incorporate d in a new motorcycle to enable such vehicle to conform to standards imposed by this sub part:”

REPLACE WITH: “Any system installed on or incorporated in a new o ff-road motorcycle, all-terrain vehicle, golf cart or engines used in such vehicles to enable such vehicles to conform to standards imposed by this subpart:”

(b) DELETE,

REPLACE WITH: (b) Every manufacturer of new off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, which subject to any of the standards imposed by this subpart shall test or cause to be tested off-road m otorcycles, all-terrain vehicles, and engines used in such vehicles, in accordance wi th good engineering practice to ascertain that such test vehicles will meet the req uirements of this section for the

useful life of the vehicle.

86.409-78 Defeat Devices, Prohibition.

(a) motorcycle DELETE,

REPLACE WITH: “off-road motorcycle, all-terrain vehicle, golf car t, or engine used in such vehicles,”7

* * * *

86.410-90 Emission standards for 1990 and later mod el year motorcycles. 54 FR

14539, Apr. 11, 1989

(a) DELETE,

REPLACE WITH: (a)(1) Exhaust emissions from 1997 and later off-ro ad motorcycles and all-terrain vehicles (Class I and Class II) with engines greater than 90 cc must not exceed:

(I i) Hydrocarbons. 1.2 grams per vehicle kilometer. Compliance is based on a manufacturer’s corporate average basis, as provided in (b) below. (ii) Carbon Monoxide. 15.0 grams per vehicle kilom eter.

(2) Exhaust emissions from 1999 and later off-r oad motorcycles and all-terrain vehicles (Class I and Class II) with engines 90 cc or less must not exceed:

(I i) Hydrocarbons. 1.2 grams per vehicle kilometer. Compliance is based on a manufacturer’s corporate average basis, as provided in (b) below. (ii) Carbon Monoxide. 15.0 grams per vehicle kilom eter.

(3) Exhaust emissions from 2007 and later all-t errain vehicles (Class III) must not

exceed: (i) Hydrocarbons plus oxides of nitrogen. 12.0 grams per kilowatt-hour. Compliance is based on a manufacturer’s corporate a verage basis, as provided in (b) below. (ii) Carbon Monoxide. 400 grams per kilowatt-hour.

(3 4 ) The standards set forth in paragraphs (a)(1) and (a)(2) of this section refer to the exhaust emitted over driving schedules as set forth in subpart F and measured and calculated in accordance with those procedures.

(b) DELETE,

REPLACE WITH: (b) Compliance with a standards to be applied as a “corporate average” shall be

determined as follows:

STD = ) D O R P ( ) (STD ) D O R P (

ca

jx n

j=1 jx

jx n

j=1 

## ∑ ∑8

n = Off-road motorcycle and all-terrain vehicle eng ine families.

PROD jx = Number of units in engine family j produced for s ale in California in model

year x.

STD jx = The manufacturer designated HC exhaust emission standard for engine family j in model year x, which shall be determined by the manufacturer subject to the following conditions: (1) no individ ual engine family exhaust emission standard shall exceed 2.5 g/km, and (2) no engine family designation or engine family exhaust emission stand ard shall be amended in a model year after the engine family is certified for the model year, and (3) prior to sale or offering for sale in California, each engine family shall be certified in accordance with these test procedures, and shall be required to meet the manufacturer’s design ated HC exhaust

emission standard as a condition of the certificati on Executive Order.

Prior to certification the manufacturer shall also submit estimated production volumes for each engine family to be off ered for sale in

California.

STD
ca = A manufacturer’s corporate average HC exhaust em issions from those

California off-road motorcycles and all-terrain veh icles subject to the California corporate average HC exhaust emissions s tandard, as established by an Executive Order certifying the Ca lifornia production for the model year. This order must be obtained prior to the issuance of certification Executive Orders for individual engin e families for the model year and shall include but not be limited to the fo llowing requirements:

(1) During the manufacturer’s production year, for each vehicle produced for sale in California, the manufacturer must provide the follo wing information to the Executive Officer within 30 days after the last day in each calendar quarter:

(I i ) vehicle identification numbers and an explanation of the identification code if applicable;

(ii) model number and engine size of vehicle;

(iii) the total number of vehicles marketed and pro duced for sale in California and their applicable designated emissions standards ;

(2) The manufacturer’s average HC exhaust emissions shall meet the corporate average standard at the end of the manufacturer’s p roduction for the model year.

(3) Production and sale of vehicles which result in noncompliance with the California standard for the model year shall cause a manufactu rer to be subject to civil penalties, according to applicable provisions of the Health an d Safety Code. All excess emissions9

resulting from non-compliance with the California s tandard shall be made up in the following model year. (4) For a period of up to one year following the en d of the model year, for each

model the manufacturer shall submit California sale s and registration data as it becomes

available.

ADD: (c) As an option to the standards set forth in sect ion (a)(1) above, exhaust emissions from 1997 and later all-terrain vehicle engines mus t not exceed the equivalent to the off-road motorcycle and all-terrain vehicle standar d using the test procedures set

forth in “California Exhaust Emission Standards and Test Procedures for 1995 and

Later -2004 Small Off-Road Engines”, adopted March 20, 1992, a nd last amended
March 26, 1998 July 26, 2004 , which is hereby incorporated by reference herein. Compliance with the optional HC standard is based o n a manufacturer’s corporate average basis, as provided in (b) above.

(d)(1) Emissions from 1997 and later model year gol f carts operating in federal ozone

non-attainment areas of California must not exceed zero grams hydrocarbon, carbon monoxide, oxides of nitrogen, and particulat e matter.

(2) These vehicles must be certified by the Exe cutive Officer pursuant to all applicable regulations set forth in CCR, Title 13, Chapter 9. Emission test procedures are not applicable to these vehicles.

(3) On or after January 1, 1997, manufacturers must not produce for sale in federal

ozone non-attainment areas of California new nonzer o emission engines for use in golf carts.

(e)(1) As an option to the standards set forth in s ection (a) above, off-road motorcycles and ATVs, and engines used in such vehicles, that d o not meet the emissions standards in section (a) may operate only during ce rtain periods at certain offhighway vehicle (OHV) riding areas. CCR, Title 13, Chapter 9, Article 3, Section 2415 lists these California OHV riding areas and th eir associated riding seasons for off-highway recreational vehicles that are subject to use restrictions.

(2) These vehicles must be certified by the Exe cutive Officer pursuant to all applicable regulations set forth in CCR, Title 13, Chapter 9. Emission testing is not applicable

to these vehicles.

(f) No crankcase emissions shall be discharged into the ambient atmosphere from 1997 and later off-road motorcycles, all-terrain ve hicles, golf carts, or engines used

in such vehicles.

(g) The Executive Officer may find that any off-roa d motorcycles, all-terrain vehicles, or engines used in such vehicles certified to comply w ith California emission standards10

and test procedures for on-road or other off-road a pplications are in compliance with these regulations.

86.411 - 78 Maintenance instructions, vehicle purch aser.

(a) “motorcycle” DELETE,

REPLACE WITH: “off-road motorcycle, all-terrain vehicle, golf car t, and engines used in such vehicles”

* * * *

86.412 - 78 Maintenance instructions, submission to Administrator.

* * * *

(a)(1) DELETE,

REPLACE WITH: (a)(1) The manufacturer must provide to the Executi ve Officer, at least 30 days before being supplied to the ultimate purchaser (unless th e Executive Officer consents to a lesser period of time), a copy of the maintenance i nstructions which the manufacturer proposes to supply to the ultimate pur chaser. The instructions must include the periodic and anticipated maintenance co ntained in the applications for

certification or contained in the manufacturers’ re cords. Such instructions must be reasonable and necessary to assure the proper funct ioning of the vehicle’s emission control systems.

* * * *

b) “motorcycle” DELETE,

REPLACE WITH: “off-road motorcycle, all-terrain vehicle, golf car t, and engines used in such vehicles”

* * * *

86.413 - 78 Labeling. 42 FR 56737, Oct. 28, 1977

(a) DELETE,

REPLACE WITH: (a) All 1997 and later model year off-road motorcyc les, all-terrain vehicles, and engines used in such vehicles, except those certified accor ding to 86.410-90(e), have California labeling requirements which shall be con sistent with (a) these test procedures, and (b) Title 13, California Code of Re gulations, Chapter 9, Section 2413 and the incorporated “ California Motor Vehicle Emission Control and Smog

Index Label Specifications” , adopted March 1, 1978, as last amended June 24, 1996 (as corrected September 20. 1996), which are i ncorporated herein by11

reference

.

(b) DELETE

86.414 - 78 Submission of vehicle identification n umber.

(a) DELETE,

REPLACE WITH:

(a) Upon the request by the Executive Officer, the manufacturer of any off-road motorcycle or all-terrain vehicle shall, within 30 days, identify by vehicle identification number, the vehicle(s) covered by th e executive order.

(b) DELETE,

REPLACE WITH: (b)(1) The manufacturer of any off-road motorcycle or all-terrain vehicle certified under an

Executive Order shall furnish to the Executive Offi cer, at the beginning of each model year, its vehicle identification-number (VIN) coding syst em description which identifies such vehicle(s) as covered by the Executive Order.

(b)(2) The (VIN) shall be consistent with the Code of Federal Regulations 49, Chapter V,
Parts 565, 566, and 571, section 571.115 – Vehicle Identification Number – Content Requirements, which are incorporated herein by refe rence, except as noted below.

(b)(3) Manufacturers shall identify all California certified off-road motorcycles and all-terrain vehicles meeting the emission standards in 86.410-90(a) by using any letter or digit other than the letter “C” or the digit “3” in the eighth character of the VIN.

(b)(4) Manufacturers shall exclusively reserve all letters and digits other than the letter “C” or the digit “3” for use in the eighth character of the VIN of California certified off-road motorcycles and all-terrain vehicles meeting the em ission standards in 86.410-90(a).

(b)(5) Manufacturers shall use either the letter “C ” or the digit “3” for use in the eighth character of the VIN of California off-road motorcy cles and all-terrain vehicles meeting the requirements in 86.410-90(e).

(b)(6)In lieu of (b)(3) and (b)(4) above, manufactu rers may, at their option, agree to identify off-road motorcycles and all-terrain vehicles that do not meet the emission standards in 86.410-90(a), and do not meet the requirements in 8 6.410-90(e), and are offered for sale in California, by using the letter “C” or the digit “3” in the eighth character of the VIN.

86.415 - 78 Production vehicles. 49 FR 48138, Dec. 10, 1984.

* * * *12

86.416 - 80 Application for certification. 49 FR 48 138, Dec. 10, 1984.

(a) DELETE, “New motorcycles produced by a manufact urer whose projected sales in the United States is 10,000 or more units (for the model year in which certification if sought) are covered by the following:”

REPLACE WITH: “New off-road motorcycles, all-terrain vehicles, an d engines used in such vehicles are covered by the following:”

* * * *

(iii) DELETE,

REPLACE WITH: (iii) Projected California sales data sufficient to enable the Executive Officer to select a test fleet representative of the vehicles for which certification is requested.

* * * *

(b) DELETE,

REPLACE WITH: (b) For new 1997 and subsequent model golf carts an d off-road motorcycles and allterrain vehicles meeting the requirements of 86.410 -90(e) [“the vehicle(s)”], the certification application shall include the followi ng, as applicable:

(1) Identification and description of the vehicle(s ) covered by the application.

(2) Identification of the curb weight and gross veh icle weight rating of the

vehicle.

(3) Identification and description of the propulsio n system for the vehicle (golf carts only).

(4) Projected number of vehicles produced and deliv ered for sale or use in California, and projected California sales.

(5) All information necessary for proper and safe o peration and maintenance of the vehicle, including recharging information (golf carts only), and other relevant information as determined by the Executive Officer.

(6) A copy of the owner’s manual must be submitted during certification for approval by the Executive Officer. The manual must include the information as required by subsections (1), (2), (3), and (5) a bove.13

(c) DELETE,

REPLACE WITH: (c)(1) Manufacturers of off-road motorcycles, all-t errain vehicles, and engines used in

such vehicles must submit to the Executive Officer the number of vehicles, and engines used in such vehicles, marketed and produce d for sale in California.

(2) Such data must be submitted on a quarterly basis for all such vehicles and engines identified in the preceding paragraph that have bee n produced for sale in California on or after January

_ 1, 1997. In addition to the data required under pa ragraph (c)(1), manufacturers must also provide the model n umber and VIN of each vehicle or engine sold for use in California and the number sold for use in California for each model. These data must be provided to the Exe cutive Officer within 30 days after the last day in each calendar quarter.

* * * *

86.417 - 78 Approval of application for certificati on.

* * * *

86.418 - 78 Test fleet selection.

(a) DELETE,

REPLACE WITH: Test fleet selection and requirements on test vehic les are found in 86.419 to 86.423.

86.419 - 78 Engine displacement, motorcycle classes

.

* * * *

(b)(1) DELETE,

REPLACE WITH: (b)(1) Class I - 0 to 169 cc displacement (0 to 10. 4 cu. in.).

* * * *

86.420 - 78 Engine families. 44 FR 48205, Aug. 17, 1979.

* * * *

86.421 - 78 Test fleet.

* * * *14

(b) DELETE

* * * *

86.422 - 78 Administrator’s fleet.

* * * *

86.423 - 78 Test vehicles. 49 FR 48138, Dec. 10, 19 84.

(a)(1) DELETE,

REPLACE WITH: (a)(1) The manufacturer may perform a zero-kilomete r exhaust emission test.

* * * *

(a)(3) DELETE

* * * *

86.425 - 78 Test procedures.

(a) DELETE,

REPLACE WITH: (a) Off-road motorcycle and all-terrain vehicle emi ssion test procedures are found in Subpart F. All-terrain vehicles shall be tested on the Class I cycle, regardless of the engine displacement. With prior approval by the Ex ecutive Officer, manufacturers of all-terrain vehicles (Class I and Class II) may use the emission test procedures incorporated in California Code of Regulations, Tit le 13, Sections 2403 to certify

their vehicles. Manufacturers of Class III all-ter rain vehicles must use the emission test procedures of Section 2403. The Executive Officer shall grant approval to those manufacturers who provide information and tes t results showing the appropriate emission standards on the small off-road engine test cycle that are equivalent to the all-terrain vehicle emission stan dards set forth in 86.410-90(a)(1).

The Executive Officer shall consider data submitted by the manufacturer from engines similar to the engine to be certified. Thi s data will include, but not be limited to, the engine size, performance, operating charact eristics, and technology used. The data should be statistically valid in order to set the complying emissions standard applicable for the engine family to be cer tified on the small off-road engine test cycle.

* * * *15

86.426 - 78 Service accumulation. 42 FR 56737, Oct. 28, 1977.

DELETE,

REPLACE WITH: Manufacturers shall determine the appropriate servi ce accumulation for their vehicles.

86.427 - 78 Emission tests. 49 FR 48139, Dec. 10, 1 984.

(a)(1) DELETE,

REPLACE WITH: (a)(1) Each test vehicle shall be driven with all e mission control systems installed and operating for a period of time as deemed appropriat e by the manufacturer to stabilize the emission characteristics of the engine.

* * * *

(b) DELETE,

REPLACE WITH: (b) All vehicles shall undergo at least two emissio n tests at intervals specified by the manufacturer. Additional tests may be performed at the manufacturer' s option.

(c) DELETE

(d) DELETE

(e) DELETE

* * * *

86.428 - 80 Maintenance, scheduled; test vehicles.

DELETE,

REPLACE WITH: Periodic maintenance on the engine, emission contro l system, and fuel system of test

vehicles shall be scheduled for the same intervals that will be specified in the

manufacturer’s maintenance instructions furnished t o the ultimate purchaser.

86.429 - 78 Maintenance, unscheduled; test vehicles

.

* * * *

86.430-78 Vehicle failure. 49 FR 48139, Dec. 10, 19 84.

* * * *16

86.431 - 78 Data submission. 49 FR 48139, Dec. 10, 1984.

(a) DELETE,

REPLACE WITH: (a) Data from all tests (including voided tests) pe rformed by a manufacturer shall be included in the applications.

* * * *

86.432 - 78 Deterioration factor. 49 FR 48139, Dec. 10, 1984.

(a) DELETE,

REPLACE WITH: (a) The manufacturer shall determine the appropriat e deterioration factors.

* * * *

(c) DELETE,

REPLACE WITH: (c) Manufacturers shall determine the appropriate d eterioration factor for the designated

useful life.

(d) DELETE

* * * *

(f) DELETE

86.434 - 78 Testing by the Administrator. 49 FR 481 39, Dec. 10, 1984.

(a) DELETE,

REPLACE WITH: (a) At the conclusion of certification testing by m anufacturers, the ARB may require confirmatory testing. The ARB will designate where such testing shall be performed.

* * * *

86.435 - 78 Extrapolated emission values. 49 FR 481 39, Dec. 10, 1984.

DELETE

86.436 - 78 Additional service accumulation. 49 FR 48139, Dec. 10, 1984.

DELETE17

86.437 - 78 Certification. 47 FR 49807, Nov. 2, 198 2.

(a) DELETE, “New motorcycles produced by a manufact urer whose projected sales in the United States is 10,000 or more units (for the mode l year in which certification is sought) are covered by the following:”

REPLACE WITH: “Manufacturers of new off-road motorcycles and all- terrain vehicles produced on or after January

_ 1, 1997, shall submit to the Executive Officer a state ment that the test vehicles,

for which data are submitted, have been tested, and conform to the requirements of the regulations to their designated useful life.”

* * * *

(b) DELETE

86.438 - 78 Amendments to the application.

* * * *

86.439 - 78 Alternative procedure for notification of additions and changes. 49 FR 48139,

Dec. 10, 1984.

* * * * 86.440 - 78 Maintenance of records. 49 FR 48140, De c. 10, 1984.

* * * *

86.441 - 78 Right of entry.

* * * *

86.442 - 78 Denial, revocation, or suspension of ce rtification. 42 FR 56738, Oct. 28, 1977.

* * * *

86.443 - 78 Request for hearing.

* * * *

86.444 - 78 Hearings on certification.

* * * *18

Subpart F -- Emission Regulations for 1978 and Late r New Motorcycles; Test Procedures

SOURCE: 42 FR 1137, Jan. 5, 1977, unless otherwise noted.

86.501 - 78 Applicability.

* * * *

86.502 - 78 Definitions.

* * * *

86.503 - 78 Abbreviations.
DELETE,

REPLACE WITH: The abbreviations in 86.403-78 apply to this subpar t, with the following additions:

ARB- California Air Resources Board. Bhp- Brake-horsepower. Bhp-hr- Brake horsepower-hour. Hp- Horsepower.

PM- Particulate Matter.

86.504 - 78 Section numbering.

* * * *

86.505 - 78 Introduction; structure of subpart.

* * * *

86.508 - 78 Dynamometer. 42 FR 56738, Oct. 28, 1977

.

* * * *

86.509 - 90 Exhaust gas sampling system. 54 FR 1453 9, Apr. 11, 1989.

* * * *

86.511 - 90 Exhaust gas analytical system. 54 FR 14 539, Apr. 11, 1989.

* * * *19

86.513 - 90 Fuel and engine lubricant specification s. 54 FR 14544, Apr. 11, 1989.

* * * *

86.514 - 78 Analytical gases.

* * * *

86.515 - 78 EPA Urban Dynamometer Driving Schedule.

* * * *

86.516 - 90 Calibrations, frequency and overview. 5 4 FR 14546, Apr. 11, 1989.

* * * *

86.518 - 78 Dynamometer calibration.

* * * *

86.519 - 90 Constant volume sampler calibration. 54 FR 14546, Apr. 11, 1989.

* * * * 86.521 - 90 Hydrocarbon analyzer calibration. 54 FR 14546, Apr. 11, 1989.

* * * *

86.522 - 78 Carbon monoxide analyzer calibration.

* * * *

86.523 - 78 Oxides of nitrogen analyzer calibration . 52 FR 47870, Dec. 16, 1987.

* * * *

86.524 - 78 Carbon dioxide analyzer calibration.

* * * *

86.526 - 90 Calibration of other equipment. 54 FR 1 4551, Apr. 11, 1989.

* * * *20

86.527 - 90 Test procedures, overview. 54 FR 14551, Apr. 11, 1989.

* * * *

86.528 - 78 Transmissions.

* * * *

86.529 - 78 Road load force and inertia weight dete rmination.

* * * *

86.530 - 78 Test sequence, general requirements.

* * * *

86.531 - 78 Vehicle preparation.

* * * *

86.532 - 78 Vehicle preconditioning.

* * * * 86.535 - 90 Dynamometer procedure. 54 FR 14551, Apr . 11, 1989.

* * * *

86.536 - 78 Engine starting and restarting.

* * * *

86.537 - 90 Dynamometer test runs. 54 FR 14551, Apr . 11, 1989.

* * * *

86.540 - 90 Exhaust sample analysis. 54 FR 14551, A pr. 11, 1989.

* * * *

86.542 - 90 Records required. 54 FR 14551, Apr. 11, 1989.

* * * *

86.544 - 90 Calculations; exhaust emissions. 54 FR 14553, Apr. 11, 1989.21

The following provisions of Subparts B, C, F, and I , Part 1051, Title 40, Code of Federal Regulations, as adopted or amended by the U. S. Env ironmental 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 chang e any standard, implementation, or test procedure related to the evaporative control requir ements found in the incorporated subparts of the federal regulation.

PART 1051, CONTROL OF EMISSIONS FROM RECREATIONAL E NGINES AND

VEHICLES

Subpart B, Emission Standards and Related Requireme nts

SOURCE: 70 FR 40487, July 13, 2005, unless otherwi se noted.

1051.101 What emission standards and other requir ements must my vehicles meet?

DELETE.

1051.103 What are the exhaust emission standards for snowmobiles?

DELETE.

1051.105 What are the exhaust emission standards for off-highway motorcycles?

DELETE.

1051.107 What are the exhaust emission standards for all-terrain vehicles (ATVs) and offroad utility vehicles?

DELETE.

1051.110 What evaporative emission standards must my vehicles meet?

DELETE Introductory Text,

REPLACE WITH:

Your new vehicles must meet the emission standards of this section over their full useful life. Note that section 1051.245 of these test pro cedures allows you to use design-based certification instead of generating new emission da ta.

(a) DELETE

REPLACE WITH: (a) Beginning with the 2008 model year, permeation emissions from your vehicle's fuel tank(s) may not exceed 1.5 grams per square-meter p er day when measured with the test procedures for tank permeation in subpart F of this part of these test procedures. You may generate or use emission credits under the averagin g, banking, and trading (ABT)22

program, as described in Subpart H, Part 1051, Titl e 40, Code of Federal Regulations.

* * * *

1051.115 What other requirements must my vehicles meet?

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1051.120 What emission-related warranty requireme nts apply to me?

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1051.125 What maintenance instructions must I giv e to buyers?

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1051.130 What installation instructions must I gi ve to vehicle manufacturers?

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1051.135 How must I label and identify the vehicl es I produce?

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1051.137 What are the consumer labeling requireme nts?

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1051.145 What provisions apply only for a limited time?

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Subpart C, Certifying Engine Families

SOURCE: 70 FR 40492, July 13, 2005, unless otherwi se noted.

1051.201 What are the general requirements for ob taining a certificate of conformity?

DELETE.

1051.205 What must I include in my application?

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1051.210 May I get preliminary approval before I complete my application?

DELETE.

1051.220 How do I amend the maintenance instructi ons in my application?

DELETE.

1051.225 How do I amend my application for certif ication to include new or modified vehicles or to change an FEL?

DELETE.23

1051.230 How do I select engine families?

DELETE.

1051.235 What emission testing must I perform for my application for a certificate of conformity?

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1051.240 How do I demonstrate that my engine fami ly complies with exhaust emission

standards?

DELETE.

1051.243 How do I determine deterioration factors from exhaust durability testing?

DELETE:

1051.245 How do I demonstrate that my engine fami ly complies with evaporative

emission standards?

(a) DELETE,

REPLACE WITH: (a) For purposes of certification, your engine fami ly is considered in compliance with the evaporative emission standards in subpart B of thes e test procedures and 2412(b), Title 13, California Code of Regulations (CCR), if you do either of the following:

(a)(1) DELETE,

REPLACE WITH: (a)(1) You have test results showing permeation emi ssion levels from the fuel tanks and fuel lines in the family are at or below the evapor ative standards in section 1051.110 of these test procedures and section 2412(b), Title 13 , CCR, throughout the useful life.

* * * *

(c) DELETE,

REPLACE WITH: (c) To compare emission levels with the emission st andards, apply deterioration factors to the measured emission levels. For permeation emissi ons, use the following procedures to

establish an additive deterioration factor. An add itive deterioration factor for a pollutant is

the difference between emissions at the end of the useful life and emissions at the lowhour test point. In these cases, adjust the offic ial emission results for each tested vehicle or engine at the selected test point by adding the factor to the measured emissions. If the factor is less than zero, use zero. Additive deter ioration factors must be specified to one more decimal place than the applicable standard:

(1) Section 1051.515 of these test procedures speci fies how to test your fuel tanks to develop deterioration factors. Small-volume manufa cturers may use assigned deterioration24

factors that we establish. Apply the deterioration factors as follows:

(i) Calculate the deterioration factor from emissio n tests performed before and after the durability tests as described in sections 1051.515( c) and (d) of these test procedures, using good engineering judgment. The durability tests de scribed in section 1051.515(d) of these test procedures represent the minimum requirements for determining a deterioration factor. You may not use a deterioration factor that is less than the difference between evaporative emissions before and after the durability tests as described in sections 1051.515(c) and (d) of these test procedures.

(ii) Do not apply the deterioration factor to test results for tanks that have already undergone these durability tests.

(2) Determine the deterioration factor for fuel lin es using good engineering judgment.

* * * *

(e)(1) DELETE,

REPLACE WITH: (e)(1) For certification to the evaporative standar ds specified in section 1051.110(a) of these test procedures and section 2412(b), Title 13 , CCR, with the control technologies shown in the following table:

* * * *

(e)(2) DELETE.

REPLACE WITH: (e)(2) For certification to the standards specified in section 1051.110(b) of these test procedures and section 2412(b), Title 13, CCR, with the control technologies shown in the following table:

* * * *

1051.250 What records must I keep and make availa ble to EPA?

DELETE.

1051.255 What decisions may EPA make regarding my certificate of conformity?

DELETE.25

Subpart F, Test Procedures

SOURCE: 70 FR 40499, July 13, 2005, unless otherwi se noted.

1051.501 What procedures must I use to test my ve hicles or engines?

DELETE Introductory Test (a) DELETE

(b) DELETE

(c) DELETE

REPLACE WITH: (c) Permeation testing. (1) Use the equipment and procedures specified in section 1051.515 of these test procedures to measure fuel t ank permeation emissions.

(2) DELETE

REPLACE WITH: (2) Prior to permeation testing of fuel hose, the h ose must be preconditioned by filling the hose with the fuel specified in paragraph (d)(3) of this section, sealing the openings, and soaking the hose for 4 weeks at 23 ±5 °C. To measu re fuel-line permeation emissions, use the equipment and procedures specified in SAE J 30 (incorporated by reference in section 1051.810 of these test procedures). The me asurements must be performed at 23 ±2 °C using the fuel specified in paragraph (d)( 3) of this section.

* * * *

(d)(1) DELETE

(d)(2) DELETE

REPLACE WITH: (d)(2) Fuel Tank Permeation. (i) For the preconditioning soak described in sect ion 1051.515(a)(1) of these test procedures and fuel sl osh durability test described in section 1051.515(d)(3) of these test procedures, use the fu el specified in Table 1 of section 1065.710, Title 40, Code of Federal Regulations, bl ended with 10 percent ethanol by volume. As an alternative, you may use Fuel CE10, which is Fuel C as specified in ASTM D 471–98 (incorporated by reference in section 1051.810 of these test procedures) blended with 10 percent ethanol by volume.

(ii) For the permeation measurement test in section 1051.515(b) of these test procedures, use the fuel specified in Table 1 of section 1065.7 10, Title 40, Code of Federal Regulations. As an alternative, you may use the fu el specified in paragraph (d)(2)(i) of this

section.26

(d)(3) DELETE

REPLACE WITH: (d)(3) Fuel Hose Permeation. Use the fuel specified in Table 1 of section 1065 .710, Title 40, Code of Federal Regulations, blended with 10 percent ethanol by volume for permeation testing of fuel lines. As an alternativ e, you may use Fuel CE10, which is Fuel C as specified in ASTM D 471–98 (incorporated by re ference in section 1051.810 of these test procedures) blended with 10 percent ethanol by volume.

(e) DELETE

* * * *

1051.505 What special provisions apply for testin g snowmobiles?

DELETE.

1051.510 What special provisions apply for testin g ATV engines? [Reserved]

DELETE.

1051.515 How do I test my fuel tank for permeatio n emissions?

* * * *

(a)(1) DELETE.

REPLACE WITH: (a) Preconditioning fuel soak. To precondition your fuel tank, follow these five steps: (1) Fill the tank with the fuel specified in sectio n 1051.501(d)(2)(i) of these test procedures, seal it, and allow it to soak at 28 ±5 °C for 20 we eks. Alternatively, the tank may be soaked for a shorter period of time at a higher temperatur e if you can show that the hydrocarbon permeation rate has stabilized.

* * * *

(a)(3) DELETE.

REPLACE WITH: (a)(3) Fill the fuel tank with the test fuel specif ied in section 1051.501(d)(2)(ii) of these test procedures to its nominal capacity. If you fill th e tank inside the temperature-controlled room or enclosure, do not spill any fuel.

* * * *

(b)(7) DELETE.

REPLACE WITH: (b)(7) At the end of the soak period, weigh the sea led fuel tank and record the weight to the nearest 0.1 grams. You may use less precise weight s as long as the difference in mass

from the start of the test to the end of the test h as at least three significant figures. Unless27

the same fuel is used in the preconditioning fuel s oak and the permeation test run, record weight measurements on five separate days per week of testing. The test is void if a linear plot of tank weight vs. test days for the full soak period for permeation testing specified in paragraph (b)(5) of this section yields a coefficie nt of determination (r 2 ) below 0.8. The coefficient of determination (r 2 ) is calculated per the following equation:



# ( ) 2

0 1

2 1

2

1 1 N

i y y refi

i

y N

i

i y a a y

r

y y

=

=  

− − ⋅  

= −  

−   

# ∑

∑

In this equation, “N” denotes sample size, “i” deno tes an index, “y” denotes a generic measured quantity, the superscript over-bar “ − “ denotes an arithmetic mean, and the subscript “ ref ” denotes the reference quantity being measured.

* * * *

(c) DELETE.

REPLACE WITH: (c) Determination of final test result. To determine the final test result, apply a deteri oration

factor to the measured emission level. The deterio ration factor is the difference between permeation emissions measured before and after the durability testing described in paragraph (d) of this section. Adjust the baseline test results for each tested fuel tank by adding the deterioration factor to the measured emi ssions. The deterioration factor determination must be based on good engineering jud gment. Therefore, during the durability testing, the test tank may not exceed th e fuel tank permeation standard described in section 2412(b), Title 13, CCR, (this is known as “line-crossing”). If the deterioration factor is less than zero, use zero.

* * * *

(d)(3) DELETE.

REPLACE WITH: (d)(3) Slosh testing. Perform a slosh test by filling the tank to 40 pe rcent of its capacity with the fuel specified in section 1051.501(d)(2)(i ) of these test procedures and rocking it at a rate of 15 cycles per minute until you reach one million total cycles. Use an angle

deviation of +15° to −15° from level. This test mu st be performed at a temperature of

28 °C ±5 °C.

* * * *

1051.520 How do I perform exhaust durability test ing?

DELETE.28

Subpart I, Definitions and Other Reference Informat ion

SOURCE: 70 FR 40507, July 13, 2005, unless otherwi se noted.

1051.801 What definitions apply to this part?

DELETE ALL DEFINITIONS:

ADD: The definitions in the California Health and Safety Code and in Title 13, CCR, § 2421, shall apply.

ADD: The definitions in Part 86.402-78 of these test pro cedures shall apply and shall take precedent in the event of conflict.

ADD: Act means California Health and Safety Code, Divisi on 26, and corresponding regulations, except where the context indicates oth erwise.

ADD: Clean Air Act means California Health and Safety Co de, Division 26, and corresponding regulations, except where the context indicates oth erwise.

ADD: Designated Compliance Officer means the Executive O fficer of the Air Resources Board (or the Executive Officer’s designee).

ADD: Designated Enforcement Officer means the Executive Officer of the Air Resources Board (or the Executive Officer’s designee).

ADD:

EPA or U.S. EPA means Air Resources Board.

ADD: We (us, our) means the Executive Officer of the Cal ifornia Air Resources Board and any authorized representatives.

ADD: You means, within the context of its usage, the tar get entity to which the regulatory provision applies. This is typically the engine ma nufacturer, but may occasionally refer to the equipment manufacturer or other entity as speci fied.29

1051.805 What symbols, acronyms, and abbreviation s does this part use?

DELETE.

1051.810 What materials does this part reference?

DELETE Introductory Text

* * * *

Table 2 Row 2 “SAE J1930, Electrical/Electronic Sys tems 1051.135 Diagnostic Terms, Definitions, Abbreviations, and Acronyms, May 1998. .......................”

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1051.815 What provisions apply to confidential in formation?

DELETE.

1051.820 How do I request a hearing?

DELETE.