State of California 

AIR RESOURCES BOARD 

Second Notice of Public Availability of Modified Text 

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CALIFORNIA 

REGULATION FOR NEW 1997 AND LATER OFF-HIGHWAY RECREATIONAL 

VEHICLES AND ENGINES 

Public Hearing Date: July 20, 2006 

First Public Availability Dates: March 29, 2007 – April 13, 2007 

Second Public Availability Date: May 2, 2007 

Deadline for Second Public Comment: May 18, 2007 

This notice announces a second, supplemental period in which the public may 

comment on additional proposed modifications for the “Off-Highway Recreational 

Vehicle” regulation. No action is necessary by the public, unless persons wish to 

comment on the additional modifications. 

Background 

The Air Resources Board (ARB or the Board) administers regulations that 

establish emission standards for new 1997 and later off-highway recreational 

vehicles such as off-road motorcycles and all terrain vehicles. At its July 20, 

2006 public hearing, the Board approved amendments to sections 2411-2413 

and 2415, title 13, California Code of Regulations (CCR), which include the 

following changes to the off-highway recreational vehicle regulations: 1) adding 

evaporative emission standards; 2) expanding the off-highway recreational 

category to include off-road utility vehicles, off-road sport vehicles, and sand 

cars; 3) clarifying the vehicle labeling requirements; and 4) modifying the dates of 

the riding seasons for noncomplying off-road motorcycles and all-terrain vehicles. 

In response to comments received after the Staff Report’s June 2, 2006 

publication date, staff presented proposed modifications to the regulations, which 

the Board approved in Attachment C to Resolution 06-23. These proposed 

modifications included a minor change to the proposed riding seasons, and the 

addition of off-road sport vehicles and sand cars to the off-highway recreational 

vehicle category. Included with these additional vehicle types is the option for 

manufacturers to demonstrate compliance with California’s exhaust emission 

standards using either chassis-based testing or engine-based testing. The 

regulations under which these vehicles were previously classified allowed 

engine-based testing only. 
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Additional Modifications 

Based on comments received during the first public comment period for the 

modified regulatory text, staff is proposing additional clarifying and technical 

modifications that are consistent with the Board’s approval of the regulation. 

Excerpts of the regulation, with additional modifications shown and documents 

incorporated by reference in the regulation, are set forth in Appendices I and II. 

Items for which the regulatory text proposed herein is not verbatim with the 

modified text approved by the Board carry the descriptor “new conforming 

modification.” Following is a summary of the proposed additional modifications. 

TITLE 13 REGULATION 

§ 2411. Definitions. 

The (a)(17) definition of “off-road sport vehicle” was amended to allow for a 

higher payload capacity: increasing from 350 to 600 pounds. 

New conforming modification. 

The increased payload capacity for carrying cargo is a technical modification that 

more accurately reflects the Board’s intent to include this vehicle type into 

California’s off-highway recreational vehicle regulation. As staff presented to the 

Board, OHRVs have evolved considerably since this regulation was first adopted 

in 1994. Although it shares some characteristics with the off-road utility vehicle, 

the off-road sport vehicle is much more of a recreational vehicle and belongs in 

the OHRV category. At the time of the public hearing, staff had recognized that 

these new types of vehicles would have less payload capacity than the off-road 

utility vehicles. However, staff later learned in the first 15-day public comment 

period that a 350-pound limit was insufficient. The 600-pound limit is still less 

than that of off-road utility vehicles, which can carry 800 pounds or more. This 

change streamlines industry’s certification efforts because all of these sport 

vehicles certify under the federal off-road recreational vehicle rule; therefore, 

industry will be able to use the same emission test procedures in California as 

they do federally. 

§ 2412. Emission Standards and Test Procedures – New Off-Highway 

Recreational Vehicles and Engines. 

Under subsection (b), compression-ignition off-highway recreational vehicles are 

not subject to the evaporative emission standards in paragraph (2). 

New conforming modification. 

This amended text clarifies staff’s intent to harmonize California’s regulation with 

the federal evaporative requirements. The new text, which expressly excludes 

compression-ignition off-highway recreational vehicles from the evaporative 
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emission requirements, is a clarifying modification. Because of its low volatility, 

diesel fuel does not permeate through fuel tanks and hoses like gasoline does; 

therefore, staff did not intend the first 15-day modifications to result in requiring 

compression-ignition vehicles to meet the new evaporative emission standards. 

In addition, evaporative emission control regulations generally are not targeted at 

vehicles that operate on diesel fuel; 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. 

TEST PROCEDURES 

The title 13 text changes described above were also proposed for incorporation 

into the test procedures as follows: 

86.402-78: The definition of “off-road sport vehicle” was amended to allow for a 

higher payload capacity: increasing from 350 to 600 pounds. 

New conforming modification. 

1051.5: This section was added to clarify that compression-ignition vehicles are 

not subject to the evaporative emission requirements. 

New conforming modification. 

All related regulatory documents, including the proposed modifications, are 

available at the ARB’s Internet site: 

http://www.arb.ca.gov/regact/ohrv2006/ohrv2006.htm. Printed copies are also 

available and may be obtained from Ms. Irma Ramirez, Mobile Source Control 

Division, at (626) 575-6632 or fax (626) 575-6686. 

COMMENT SUBMITTAL 

In accordance with section 11346.8 of the Government Code, the Board directed 

the Executive Officer to adopt sections 2411-2413 and 2415, title 13, CCR, and 

the incorporated test procedure document, after making the proposed modified 

text available to the public for comment for a period of at least 15 days. The 

Board further provided that the Executive Officer shall consider such written 

comments as may be submitted during this period, shall make such modifications 

as may be appropriate in light of the comments received, and shall present the 

regulations to the Board for further consideration if warranted. 

Written comments on the proposed modifications may be submitted by postal 

mail, electronic mail, or facsimile as follows: 

Postal mail: Clerk of the Board, Air Resources Board 

1001 I Street, Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 
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Facsimile submittal: (916) 322-3928 

In order to be considered by the Executive Officer, comments must be directed to 

the ARB in one of the three forms described above and received by the ARB by 

5:00 p.m. on the deadline date for public comment listed at the beginning of this 

notice. Only comments relating to the above-described modifications to the text 

of the regulations and incorporated Test Procedures document will be considered 

by the Executive Officer. 

Appendices (2) 

I – Staff’s Modifications to the Proposed Regulation Order 

II – Test Procedures