California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2.2 - Procedures for in-Use Vehicle Ordered Recalls › Section 2125 - Ordered Recall Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless a
				  public hearing is requested by the manufacturer, a recall plan shall be
				  submitted to the Chief, Emissions Certification and Compliance Division, 4001
				  Iowa Ave, Riverside, CA 92507, within the time limit specified in the
				  notification. The Executive Officer may grant the manufacturer an extension
				  upon good cause shown.
(b) The
				  recall plan shall contain the following:
(1) A
				  description of each class or category of vehicle, engine, or trailer to be
				  recalled, including the engine family, test group, vehicle family, trailer
				  family, or sub-group thereof, the model-year, the make, the model, and such
				  other information as may be required to identify the vehicles, engines, or
				  trailers to be recalled.
(2) A
				  description of the nonconformity and the specific modifications, alterations,
				  repairs, corrections, adjustments or other changes to be made to bring the
				  vehicles, engines, or trailers into conformity including a brief summary of the
				  data and technical studies which support the manufacturer's decision regarding
				  the specific corrections to be made.
(3) A description of the method by which the
				  manufacturer will determine the names and addresses of vehicle, engine, or
				  trailer owners and the method by which they will be notified.
(4) A description of the procedure to be
				  followed by vehicle, engine, or trailer owners to obtain correction of the
				  nonconformity including the date on or after which the owner can have the
				  nonconformity remedied, the time reasonably necessary to perform the labor
				  required to correct the nonconformity, and the designation of facilities at
				  which the nonconformity can be remedied. The repair shall be completed within a
				  reasonable time designated by the Executive Officer from the date the owner
				  delivers the vehicle, engine, or trailer for repair. This requirement becomes
				  applicable on the date designated by the manufacturer as the date on or after
				  which the owner can have the nonconformity remedied.
(5) If some or all of the nonconforming
				  vehicles, engines, or trailers are to be remedied by persons other than dealers
				  or authorized warranty agents of the manufacturer, a description of such class
				  of persons and a statement indicating that the participating members of the
				  class will be properly equipped to perform such remedial action.
(6) The capture rate required for each class
				  or category of vehicle, engine, or trailer to be recalled. Under recalls based
				  on exceedance of emission standards, the capture rate shall be calculated using
				  the following formula:
R
=
(
Ef --
							 Es
) x 100%
[DELTA]
where: R = capture rate (see section
					 2112(a), above,
					 for definition).
[DELTA] = average reduction per vehicle or trailer
					 resulting from the recall repair (see subsection (b)(12)(B), below, for
					 determination).
Ef = average noncompliance emission level determined from
					 in-use enforcement testing and other sources.
Es = emission standard for a particular pollutant.
An 80 percent capture rate shall be required for recalls
					 based exclusively on noncompliance as defined in section
					 2112(h)(1),
					 above.
(7) The plan may
				  specify the maximum incentives (such as a tune-up or specified quantity of
				  gasoline), if any, the manufacturer will offer to induce vehicle, engine, or
				  trailer owners to present their vehicles or trailers for repair, as evidence
				  that the manufacturer has made a good faith effort to repair the percentage of
				  vehicles, engines, or trailers specified in the plan. The plan shall include a
				  schedule for implementing actions to be taken including identified increments
				  of progress towards implementation and deadlines for completing each such
				  increment.
(8) A copy of the letter
				  of notification to be sent to vehicle, engine, or trailer owners.
(9) A description of the system by which the
				  manufacturer will assure that an adequate supply of parts will be available to
				  perform the repair under the recall plan including the date by which an
				  adequate supply of parts will be available to initiate the repair campaign, and
				  the method to be used to assure the supply remains both adequate and responsive
				  to owner demand.
(10) A copy of all
				  necessary instructions to be sent to those persons who are to perform the
				  repair under the recall plan.
(11)
				  A description of the impact of the proposed changes on fuel economy,
				  driveability, performance and safety of each class or category of vehicles,
				  engines, or trailers to be recalled and a brief summary of the data, technical
				  studies, or engineering evaluations which support these descriptions.
(12) A description of the impact of the
				  proposed changes on the average emissions of the vehicles, engines, or trailers
				  to be recalled based on noncompliance as defined in section
				  2112(h)(2),
				  above. The description shall contain the following:
(A) Average noncompliance emission
				  levels.
(B) Average emission
				  reduction or increase per pollutant resulting from the recall repair. These
				  averages shall be verified by the manufacturer by applying the proposed recall
				  repairs to two or more in-use vehicles, engines, or trailers representing the
				  average noncompliance emission levels. Only those vehicles, engines, or
				  trailers with baseline emission levels within 25 percent of the average
				  emission levels of noncomplying pollutant(s) established under the in-use
				  enforcement test program may be used by manufacturers to verify proposed recall
				  repairs. The Executive Officer may allow the use of vehicles, engines, or
				  trailers exceeding these limits if none which meet the limits can be reasonably
				  procured. In the case of heavy-duty engines, the average emission levels may be
				  verified by using laboratory engines, subject to approval by the Executive
				  Officer.
(C) An estimate of the
				  average emission level per pollutant for a class or category of vehicles,
				  engines, or trailers after repair as corrected by the required capture rate.
				  The estimated average emission level shall comply with the applicable emission
				  standards. If the average emissions levels achieved by applying the average
				  emission reduction per vehicle, engine, or trailer after repair and the
				  estimated capture rate, do not achieve compliance with the emissions standards,
				  a manufacturer shall propose other measures to achieve average emissions
				  compliance.
(13) Any
				  other information, reports, or data which the Executive Officer may reasonably
				  determine to be necessary to evaluate the recall plan.