State of California

AIR RESOURCES BOARD

Second Notice of Public Availa bility 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, supplemen tal period in which the public may comment on additional proposed modificati ons 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 approv ed amendments to sections 2411-2413 and 2415, title 13, California Code of Regulations (CCR), which include the following changes to the off-highway recreat ional vehicle regulations: 1) adding evaporative emission standar ds; 2) expanding the o ff-highway recreational category to include off-road utility vehi cles, off-road sport vehicles, and sand cars; 3) clarifying the vehicle labeling requi rements; and 4) modifying the dates of the riding seasons for noncomplying off-r oad motorcycles and all-terrain vehicles.

In response to comments received afte r the Staff Report’s June 2, 2006 publication date, staff pres ented 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 s and cars to the off-highway recreational vehicle category. Included with these addi tional vehicle types is the option for manufacturers to demonstrate complianc e with California’s exhaust emission standards using either chassis-based te sting or engine-based testing. The regulations under which these vehicles were previously classified allowed engine-based testing only.2 Additional Modifications

Based on comments received during the first public comment period for the modified regulatory text, staff is proposi ng additional clarif ying and technical

modifications that are consistent with t he Board’s approval of the regulation. Excerpts of the regulation, with addi tional modifications shown and documents incorporated by reference in the regulati on, are set forth in Appendices I and II. Items for which the regulatory text pr oposed 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 spor t 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 in tent to include this vehicle type into California’s off-highway recreational vehicl e regulation. As st aff presented to the Board, OHRVs have evolved co nsiderably since this regulation was first adopted in 1994. Although it shares some characte ristics 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 t he 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 l earned in the first 15-day public comment period that a 350-pound limit was insuffi cient. The 600-pound limit is still less than that of off-road utility vehicles, wh ich can carry 800 pounds or more. This change streamlines industry’s certification efforts because all of these sport vehicles certify under the f ederal off-road recreational vehicle rule; therefore, industry will be able to use the same emi ssion test procedures in California as they do federally.

§ 2412. Emission Standards and Te st Procedures – New Off-Highway Recreational Vehicles and Engines.

Under subsection (b), compre ssion-ignition off-highway recreational vehicles are not subject to the evaporative em ission standards in paragraph (2). New conforming modification.

This amended text clarifies st aff’s intent to harmonize California’s regulation with the federal evaporative requi rements. The new text, which expressly excludes compression-ignition off-hi ghway recreational vehicles from the evaporative3 emission requirements, is a cl arifying modification. Bec ause of its low volatility, diesel fuel does not permeate through f uel tanks and hoses like gasoline does; therefore, staff did not int end the first 15-day modification s to result in requiring compression-ignition vehicl es to meet the new evapor ative emission standards. In addition, evaporative emission control regul ations generally are not targeted at vehicles that operate on dies el fuel; there was no intent in the staff’s original proposal to expand the California’s O HRV 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 evaporat ive emission requirements. New conforming modification.

All related regulatory documents, incl uding the proposed modifications, are

available at the ARB’s Internet site: http://www.arb.ca.gov/r egact/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 sect ions 2411-2413 and 2415, title 13, CCR, and the incorporated test procedure documen t, 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 sha ll consider such written comments as may be submitted during this period, shall make such modifications as may be appropriate in light of the co mments received, and shall present the regulations to the Board for furt her consideration if warranted.

Written comments on the proposed modifi cations 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.php4 Facsimile submittal: (916) 322-3928

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

the ARB in one of the three forms de scribed above and received by the ARB by 5:00 p.m. on the deadline date for public co mment listed at the beginning of this notice. Only comments relating to the abov e-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