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(continued)
(f) Credit calculation and manufacturer compliance with emission standards.
(1) For each engine family, HC+NO x and Particulate Matter certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation.and Particulate Matter certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation.
Credits = (Standard - FEL) x Sales x Power x EDP x Load Factor
Where:
Standard = the current and applicable small off-road engine HC+NO x (NMHC+NO x) or Particulate Matter emission standard as determined in Section 2403.
FEL = the family emission limit for the engine family in grams per brake-horsepower hour or g/kW-hr as applicable.
Sales = eligible sales as defined in section 2401. Annual sales projections are used to project credit availability for initial certification. Actual sales volume is used in determining actual credits for end-of-year compliance determination.
Power = the sales weighted maximum modal power, in horsepower or kilowatts as applicable. This is determined by multiplying the maximum modal power of each configuration within the family by its eligible sales, summing across all configurations and dividing by the eligible sales of the entire family. Manufacturers may use an alternative if approved by the Executive Officer (for example, maximum modal power of the test engine).
EDP = the Emissions Durability Period for which the engine family was certified.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For approved alternate test procedures, the load factor must be calculated according to the following formula:
Where:
%MTT mode i = percent of the maximum torque for mode i
%MTS mode i = percent of the maximum engine rotational speed for mode i
WF mode i = the weighting factor for mode i
(2) Manufacturer compliance with the emission standard is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero, except that the sum of positive and negative credits for a given class may be less than zero as allowed under paragraph (3) of this section.
(3) If, as a result of production line testing as required in section 2407, an engine family is determined to be in noncompliance, the manufacturer may raise its FEL for past and future production as necessary. Further, a manufacturer may carry a negative credit balance (known also as a credit deficit) for the subject class and model year forward to the next model year. The credit deficit may be no larger than that created by the nonconforming family. If the credit deficit still exists after the model year following the model year in which the nonconformity occurred, the manufacturer must obtain and apply credits to offset the remaining credit deficit at a rate of 1.2 grams for each gram of deficit within the next model year. The provisions of this paragraph are subject to the limitations in paragraph (4) of this section.
(4) Regulations elsewhere in this section notwithstanding, if an engine manufacturer experiences two or more production line testing failures pursuant to the regulations in section 2407 of this article in a given model year, the manufacturer may raise the FEL of previously produced engines only to the extent that such engines represent no more than 10% of the manufacturer's total eligible sales for that model year. For any additional engines determined to be in noncompliance, the manufacturer must conduct offsetting projects approved in advance by the Executive Officer.
(5) If, as a result of production line testing under section 2407, a manufacturer desires to lower its FEL, it may do so subject to Executive Officer approval and demonstration that the family would meet the new FEL in the production line testing using the existing data.
(6) Except as allowed at paragraph (c) of this section, when a manufacturer is not in compliance with the applicable emission standard by the date 270 days after the end of the model year, considering all credit calculations and transactions completed by then, the manufacturer will be in violation of these regulations and the Executive Officer may, voidab initio the Executive Orders of engine families for which the manufacturer has not obtained sufficient positive emission credits.
(g) Certification Using Credits.
(1) In the application for certification a manufacturer must:
(A) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's belief, cause the manufacturer to be in noncompliance under paragraph (f)(2) when all credits are calculated for all the manufacturer's engine families.
(B) Declare an FEL for each engine family for HC+NOx (NMHC+NO x) and Particulate Matter, if applicable. The FEL must have the same number of significant digits as the emission standard.
(C) Indicate the projected number of credits generated/needed for this family; the projected applicable eligible sales volume and the values required to calculate credits as given in paragraph (f).
(D) Submit calculations in accordance with paragraph (f) of projected emission credits (positive or negative) based on production projections for each family.
(E)1. If the engine family is projected to generate negative emission credits, state specifically the source (manufacturer/engine family or reserved) and quantity of the credits necessary to offset the credit deficit according to projected production.
2. If the engine family is projected to generate credits, state specifically the recipient (manufacturer/engine family or reserved) and quantity of the credits used to offset a deficit, banked, or traded, according to where the projected credits will be applied.
(2) The manufacturer may supply the information required above in subparagraphs (C), (D), and (E) by use of a spreadsheet detailing the manufacturer's annual production plans and the credits generated or consumed by each engine family.
(3) All Executive Orders issued are conditional upon manufacturer compliance with the provisions of this section both during and after the model year of production.
(4) Failure to comply with all provisions of this section will be considered to be a failure to satisfy the conditions upon which the Executive Order was issued, and the Executive Order may be determined to be voidab initio.
(5) The manufacturer bears the burden of establishing to the satisfaction of the Executive Officer that the conditions upon which the Executive Order was issued were satisfied or waived.
(6) Projected credits based on information supplied in the certification application may be used to obtain an Executive Order. However, any such credits may be revoked based on review of end-of-year reports, follow-up audits, and any other verification steps considered appropriate by the Executive Officer.
(h) Maintenance of records.
(1) The manufacturer must establish, maintain, and retain the following adequately organized and indexed records for each engine family:
(A) ARB engine family identification code,
(B) Family Emission Limit (FEL) or FELs where FEL changes have been implemented during the model year,
(C) Maximum modal power for each configuration sold or an alternative approved by the Executive Officer.
(D) Projected sales volume for the model year, and
(E) Records appropriate to establish the quantities of engines that constitute eligible sales for each power rating for each FEL.
(2) Any manufacturer producing an engine family participating in trading reserved credits must maintain the following records on a quarterly basis for each such engine family:
(A) The engine family,
(B) The actual quarterly and cumulative applicable production/sales volume,
(C) The values required to calculate credits as given in paragraph (f),
(D) The resulting type and number of credits generated/required,
(E) How and where credit surpluses are dispersed, and
(F) How and through what means credit deficits are met.
(3) The manufacturer must retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy or reduced to microfilm, diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained.
(4) Nothing in this section limits the Executive Officer's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.
(5) Pursuant to a request made by the Executive Officer, the manufacturer must submit to the Executive Officer the information that the manufacturer is required to retain.
(6) ARB may voidab initio the Executive Order for an engine family for which the manufacturer fails to retain the records required in this section or to provide such information to the Executive Officer upon request.
(i) End-of-year and final reports.
(1) End-of-year and final reports must indicate the engine family, the actual sales volume, the values required to calculate credits as given in paragraph (f), and the number of credits generated/required. Manufacturers must also submit how and where credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. Copies of contracts related to credit trading must be included or supplied by the broker, if applicable. The report must include a calculation of credit balances to show that the credit summation for each class of engines is equal to or greater than zero (or less than zero in cases of negative credit balances as permitted in paragraph (f)(3).
(2) The calculation of eligible sales (as defined in section 2401) for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California, that provide high levels of confidence that eligible sales are accurately counted.
(3)(A) End-of-year reports must be submitted within 90 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.
(B) Unless otherwise approved by the Executive Officer, final reports must be submitted within 270 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.
(4) Failure by a manufacturer to submit any end-of-year or final reports in the specified time for any engines subject to regulation under this section is a violation of Section 2403 for each engine.
(5) A manufacturer generating credits for banking only who fails to submit end-of-year reports in the applicable specified time period (90 days after the end of the model year) may not use the credits until such reports are received and reviewed by ARB. Use of projected credits pending ARB review is not permitted in these circumstances.
(6) Errors discovered by ARB or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected in the final report.
(7) If ARB or the manufacturer determines that a reporting error occurred on an end-of-year or final report previously submitted to ARB under this section, the manufacturer's credits and credit calculations must be recalculated. Erroneous positive credits will be void except as provided in paragraph (h) of this section. Erroneous negative credit balances may be adjusted by ARB.
(8) If within 270 days of the end of the model year, ARB review determines a reporting error in the manufacturer's favor (that is, resulting in an increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB must restore the credits for use by the manufacturer.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2409. Emission Reduction Credits - Production Credit Program for New Engines.
(a) Applicability. The 1998 model year and later small off-road engines subject to the provisions of this article are eligible to participate in the production emission credit program described in this section for HC +NO x (or NMHC+NO x, as applicable) and Particulate Matter emissions.
(b) General provisions.
(1) The production credit program for eligible small off-road engines is described in this section. Participation in this program is voluntary.
(2) Any 2000 model year or later engine family subject to the provisions of this article is eligible to participate in the production credit program described in this section. Any 1998 or 1999 model year engine family subject to the provisions of this article is eligible to participate in the production emissions credit program described in this section provided it conforms with the requirements of section 2403.
(3) Credits generated and used in the certification averaging, banking, and trading program pursuant to the provisions of section 2408 may not be used in the production credit program.
(4) An engine family with a compliance level, as determined by production line testing pursuant to section 2407, below the applicable FEL to which the engine family is certified may generate emission credits for averaging, banking, or trading in the production credit program.
(5) Positive credits generated in a given model year may be used in that model year and/or in any subsequent model year.
(c) Averaging.
(1) A manufacturer may use averaging across engine families to demonstrate a zero or positive credit balance for a model year. Positive credits to be used in averaging may be obtained from credits generated by another engine family of the same model year, credits banked in previous model years, or credits obtained through trading.
(2) Production emission credits used for the certification emission credit program must be discounted 1.1 grams to 1 gram.
(d) Banking.
(1) A manufacturer of an engine family with a production compliance level below the FEL to which the engine family is certified for a given model year may bank positive production credits for that model year for use in certification averaging, trading, or, at the Executive Officer's discretion, to remedy noncompliance of another engine family.
(2) Unless otherwise approved by the Executive Officer, a manufacturer that generates positive production credits must wait 30 days after it has both completed production testing for the model year for which the credits were generated and submitted the report required by paragraph (g)(1) before it may bank credits for use in future averaging or trading. During the 30 day period, the Executive Officer will work with the manufacturer to correct any error in calculating banked credits, if necessary.
(e) Trading.
(1) An engine manufacturer may exchange positive production emission credits with other engine manufacturers through trading.
(2) Production credits for trading can be obtained from credits banked for model years prior to the model year of the engine family requiring production credits.
(3) Traded production credits can be used for certification averaging or banking.
(4) Unless otherwise approved by the Executive Officer, a manufacturer that generates positive production credits must wait 30 days after it has both completed production testing for the model year for which the credits were generated and submitted the report required by paragraph (g)(1) before it may transfer credits to another manufacturer or broker.
(5) In the event of a negative credit balance resulting from a transaction, both the buyer and the seller are liable, except in cases involving fraud. Engine families participating in a trade that leads to a negative credit balance may be subject to suspension or revocation of the Executive Order if the engine manufacturer having the negative credit balance is unable or unwilling to obtain sufficient credits in the time allowed.
(f) Credit calculation. For each participating engine family, and for each regulated pollutant (HC+NO x (NMHC+NO x) and Particulate Matter) emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation:
Credits = (FEL - CL) x Sales x Power x EDP x Load Factor
Where:
FEL = The applicable Family Emission level to which the engine family was certified.
CL = compliance level of the deteriorated production line testing results for the subject pollutant in g/bhp-hr or g/kW-hr as applicable.
Sales = sales or eligible sales as defined in section 2401.
Power = the sales weighted maximum modal power, in horsepower or kilowatts as applicable, as calculated from the applicable test procedure as described in Section 2403. This is determined by multiplying the maximum modal power of each configuration within the family by its eligible sales, summing across all configurations and dividing by the eligible sales of the entire family. Where testing is limited to certain configurations designated by the Executive Officer, the maximum modal power for the individual configuration(s) must be used. Manufacturers may use an alternative if approved by the Executive Officer.
EDP = the Emissions Durability Period for which the engine family was certified.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For approved alternate test procedures, the load factor must be calculated according to the Load Factor formula found in paragraph (f)(1) of Section 2408.
(g) Maintenance of records.
(1) Any manufacturer that is participating in the production credit program set forth in this section must establish, maintain, and retain the records required by paragraph (h) of Section 2408 with respect to its participation in the production credit program.
(2) The Executive Officer may voidab initio an Executive Order for an engine family for which the manufacturer fails to retain the records required under this section or to provide such information to the Executive Officer upon request.
(h) Reporting requirements.
(1) Any manufacturer who participates in the production credit program is required to submit a production credit report with the end of the model year production testing report required under Section 2407 within 90 days of the end of the production testing of a given model year's engine families. This report must show the calculation of credits from all the production testing conducted by the manufacturer for a given model year's engines. Such report must show the applications of credits, the trading of credits, the discounting of credits that are used and the final credit balance. The manufacturer may submit corrections to such end of model year reports in a final report for a period of up to 270 days after the end of the production testing of a given model year's engine families.
(2) The calculation of eligible sales (as defined in section 2401) for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California, that provide high levels of confidence that eligible sales are accurately counted.
(3) Reports must be submitted to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.
(4) A manufacturer that fails to submit a timely end of year report as required in paragraph (h )(1) of this section will be considered ineligible to have participated in the production credit program.
(5) If the Executive Officer or the manufacturer determines that a reporting error occurred on an end of model year report previously submitted under this section, or an engine family production testing report submitted under section 2407, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative credits may be adjusted by the Executive Officer. An update of previously submitted "point of first retail sale" information is not considered an error and no increase in the number of credits will be allowed unless an actual error occurred in the calculation of credits due to an error in the "point of first retail sale" information from the time of the original end of model year report.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2410. Applicability.
(a)(1) This article applies to all new off-highway recreational vehicles and engines manufactured for use in such vehicles produced on or after January 1, 1997, for sale, lease, use, and introduction into commerce in California. (See Note below.)
(2) New off-highway recreational vehicles and engines used in such vehicles, subject to any of the standards set forth in Article 3, shall be certified for use and sale by the Air Resources Board and covered by an Executive Order, pursuant to Section 2412 of this Article.
(b) Each part of this article is severable, and in the event that any part of this chapter or article is held to be invalid, the remainder of this article continues in full force and effect.
(c) This article includes provisions for certification, labeling requirements, emission standard enforcement, recall, and use restrictions.
Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. s 7543(e)(2), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code. Reference: Sections 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code.



s 2411. Definitions.
(a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the California Code of Regulations, apply with the following additions:
(1) "All-Terrain Vehicle (ATV)" means any motorized off-highway vehicle 50 inches (1270mm) or less in overall width, designed to travel on four low pressure tires, having a seat designed to be straddled 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 more than 350 pounds (160 kg) payload, excluding the operator, and is powered by an internal combustion engine. Width shall be exclusive of accessories and optional equipment. A golf cart is not, for purposes of this regulation, to be classified as an all-terrain vehicle.
(2) "ARB Enforcement Officer" means any employee of the Air Resources Board so designated in writing by the Executive Officer of the Air Resources Board or by the Executive Officer's designee.
(3) "Assembly-Line Tests" are those tests or inspections which are performed on or at the end of the assembly-line.
(4) "Confirmatory testing" means an ARB directed follow-up emissions test and inspection of the test engine or test vehicle that had been used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests can be conducted at ARB or contracted-out facilities or at the manufacturer's facility.
(5) "Crankcase Emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.
(6) "Emission Control System" includes any component, group of components, or engine modification which controls or causes the reduction of substances emitted from an engine.
(7) "End of Assembly-Line" is defined as that place where the final inspection test or quality-audit test is performed by the manufacturer.
(8) "Exhaust Emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine.
(9) "Final Calendar Quarter Production" is defined as the calendar quarter in which the production of an engine family ends.
(10) "Fuel System" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, evaporative controls and all fuel system vents.
(11) "Golf Cart" means a vehicle used to convey equipment and no more than two persons, including the driver, to play the game of golf in an area designated as a golf course. Golf carts are designed to have an unladen weight of less than 1,300 pounds and carry not more than 100 pounds, excluding passengers, accessories and optional equipment. A golf cart is not used for grounds keeping or maintenance purposes.
(12) "Manufacturer" means the engine or vehicle manufacturer that applies to have the vehicle or engine certified.
(13) "Off-Highway Recreational Vehicle Engines" or "Engines" are identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, diesel, 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 vehicles, and golf carts. All engines and equipment that fall 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.
(14) "Off-Highway Vehicle (OHV) Area" is defined as a public land area in which the riding of off-highway recreational vehicles is allowed. These areas are managed by public land agencies, such as the California Department of Parks and Recreation, the Bureau of Land Management, the United States Forest Service, cities, counties, and other jurisdictions.
(15) "Off-Road Equipment and Vehicle" means any non-stationary 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 device propelled, moved, or drawn exclusively by human power, and used in, but not limited to the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Utility engines and Lawn and Garden Equipment, Off-Road Motorcycles, and Off-Highway Vehicles.
(16) "Off-Road Motorcycle" means any two- or three-wheeled vehicle equipped with an internal combustion engine and weighing less than 1,499 pounds. An off-road motorcycle is primarily designed for use off highways. These vehicles are mainly used for recreational riding on dirt trails but are not limited to this purpose.
(17) "Scheduled Maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the manufacturer which is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.
(18) "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.
(19) "Unscheduled Maintenance" means any inspection, adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems which is performed to correct or diagnose a part failure which was not anticipated.
(20) "Vehicle Identification Number (VIN)" means an alpha numeric code which has been permanently assigned by the manufacturer to a vehicle. The VIN is unique to each vehicle and may contain information deemed necessary by governing agencies. If a manufacturer cannot obtain a federal VIN from the National Highway Traffic Safety Administration for their vehicles, an alternative VIN approved by the Executive Officer of the Air Resources Board may be used. Unless otherwise noted, the VIN and alternate VIN will follow formats specified in the Code of Federal Regulations 49, Chapter V, Parts 565, 566, and 571, which are incorporated herein by reference.
(21) "Zero Emission Vehicle" means any vehicle which produces zero exhaust emissions of any criteria pollutant under any and all possible operational modes.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43107, Health and Safety Code. Reference: Sections 43013, 43018, 43101 and 43107, Health and Safety Code.



s 2412. Emission Standards and Test Procedures - New Off-Highway Recreational Vehicles and Engines.
(a) This section applies to all off-highway recreational vehicles and engines used in such vehicles produced on or after January 1, 1997.
(b) For purposes of certification in California, manufacturers must comply with the following exhaust emissions from new off-highway recreational vehicles and engines that are sold, leased, used, or introduced into commerce in California. Exhaust emissions must not exceed:
Emission Standards

Vehicle &
Model Hydro- Oxides of Carbon Particulate
Year carbon Nitrogen Monoxide Matter [FN1]
Off-Road Motorcycles 1.2 [FN2] - 15.0 -
and All-Terrain Vehicles
with Engines Greater
Than 90 cc [FN3]
1997 and Later
(g/km) [FN4]
Off-Road Motorcycles and 1.2 [FN2] - 15.0 -
and All-Terrain Vehicles
with Engines 90 cc or Less
1999 and Later
(g/km)

All-Terrain Vehicle Shall comply with exhaust emission standards
Option equivalent to the off-road motorcycle and all-
1997 and Later terrain vehicle standard using the utility test
procedures set forth in CCR, Title 13, section 2403,
and the incorporated document "California Exhaust
Emission Standards and Test Procedures for 1995 and
Later Small Off-Road Engines," which is hereby
incorporated by reference herein. [FN5]

Golf Carts in Federal Ozone
Non-Attainment Areas ZERO ZERO ZERO ZERO
1997 and Later

Off-Road Motorcycle Vehicles and engines that do not meet the
emissions
and All-Terrain standards noted above may be certified subject
to the
Vehicle Option: use restrictions described in subsection (f)
below.
1997 and Later Vehicles
with Engines Greater Than
90 cc, and 1999 and Later
Vehicles with Engines
90 cc or Less
______________
[FN1] Applicable to diesel and two-stroke spark ignited engines only.
[FN2] Compliance with the 1.2 grams per kilometer HC standard to be applied as
a "corporate average" shall be determined as provided in subsection (d). Each
engine family shall have only one applicable standard.
[FN3] Cubic centimeter.
[FN4] Grams per kilometer.
[FN5] Compliance with the equivalent all-terrain vehicle HC standard to be
applied as a "corporate average" shall be determined as provided in
subsection (d). Each engine family shall have only one applicable standard.

(c)(1) The test procedures for determining certification and compliance with the standards for exhaust emissions from new off-road motorcycles, all-terrain vehicles, and golf carts are set forth in "California Exhaust Emission Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines," adopted November 23, 1994, and last amended October 22, 1999, which are hereby incorporated by reference herein and which in turn incorporate by reference Subparts E and F, Title 40, Code of Federal Regulations. Manufacturers of the following are not required to perform emissions testing, but must file an application of certification and comply with the administrative requirements outlined in the procedures to certify their vehicles for sale in California:
(A) Golf carts,
(B) Off-road motorcycles and all-terrain vehicles, and engines used in such vehicles, as described in subsection (f) below.
(2) The test procedures for determining certification and compliance with the standards for exhaust emissions from all-terrain vehicle engines (those engines utilizing the optional standards noted in (b) above) are set forth in "California Exhaust Emission Standards and Tests Procedures for 1995 and Later Small Off-Road Engines," adopted March 20, 1992, and last amended March 23, 1999.
(d) Compliance with a standard to be applied as a "corporate average" shall be determined as follows:
n = Off-road motorcycle and all-terrain vehicle engine families.
PRODjx = Number of units in engine family j produced for sale in California
in model year x
STDjx = 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
individual engine family exhaust emission standard shall exceed
2.5 g/km, and (2) no engine family designation or engine family
exhaust emission standard 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 "California Exhaust
Emissions Standards and Test Procedures for 1997 and Later Off-
Highway Recreational Vehicles and Engines" adopted
November 23, 1994, and shall be required to meet the
manufacturer's designated HC exhaust emission standard as
a condition of the certification Executive Order. Prior to
certification the manufacturer shall also submit estimated
production volumes for each engine family
to be offered for sale in California.
STDca = A manufacturer's corporate average HC exhaust emissions from
those California off-road motorcycles and all-terrain vehicles
subject to the California corporate average HC exhaust emissions
standard, as established by an Executive Order certifying the
California production for the model year. This order must be
obtained prior to the issuance of certification Executive Orders
for individual engine families for the model year and shall
include but not be limited to the following requirements:

(1) During the manufacturer's production year, for each vehicle produced for sale in California, the manufacturer must provide the following information to the Executive Officer within 30 days after the last day in each calendar quarter:
(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 produced 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 production for the model year.
(3) Production and sale of vehicles which result in non-compliance with the California standard for the model year shall cause a manufacturer to be subject to civil penalties, according to applicable provisions of the Health and Safety Code. All excess emissions resulting from non-compliance with the California standard shall be made up in the following model year.
(4) For a period of up to one year following the end of the model year, for each model the manufacturer shall submit California sales and registration data as it becomes available.
(e) As an option to the standards set forth in subsection (b) above, exhaust emissions from 1997 and later all-terrain vehicle engines must not exceed the equivalent to the off-road motorcycle and all-terrain vehicle standard using the test procedures set forth in "California Exhaust Emission Standards and Test Procedures for 1995 and Later Small Off-Road Engines", adopted March 20, 1992, and last amended March 23, 1999, which is hereby incorporated by reference herein.
(f) Off-road motorcycles and ATVs, and engines used in such vehicles, that do not meet the emissions standards in subsection (b) above may operate only during certain periods of time at certain off-highway vehicle (OHV) riding areas. Section 2415 of this Article lists these California OHV riding areas and their associated riding seasons for off-highway recreational vehicles that are subject to use restrictions.
(g)(1) On or after January 1, 1997, no new engines greater than 90 cc may be produced for sale to replace off-road motorcycles, all-terrain vehicles and engines used in such vehicles, unless those engines comply with the emission control standards in effect at the time of replacement.
(2) On or after January 1, 1997, manufacturers may not produce for sale in federal ozone non-attainment areas of California new, non-zero emission engines for golf carts.
(3) On or after January 1, 1999, no new engines 90 cc or less may be produced for sale to replace off-road motorcycle and all-terrain vehicle engines, unless those engines comply with the emission control standards in effect at the time of replacement.
(h) The Executive Officer may find that any off-road motorcycles, all-terrain vehicles or engines used in such vehicles certified to comply with California emission standards and test procedures for on-road or other off-road applications are in compliance with these regulations.
(i) No crankcase emissions shall be discharged into the ambient atmosphere from 1997 and later off-road motorcycles, all-terrain vehicles, golf carts, or engines used in such vehicles.


Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code. Reference: Sections 43013, 43018 and 43107, Health and Safety Code.



s 2413. Emission Control Labels - New Off-Highway Recreational Vehicles.
All off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, except those certified according to section 2412(f), produced on or after January 1, 1997, for sale, lease, use or introduction into commerce in California, shall comply with the labeling requirements of Title 13, California Code of Regulations, Chapter 1, Article 2, Section 1965, 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), and which are hereby incorporated by reference herein. Any reference to motorcycles in the incorporated documents applies to off-road motorcycles, all-terrain vehicles, and engines used in such vehicles.


Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code. Reference: Sections 43013, 43018 and 43107, Health and Safety Code.



s 2414. New Off-Highway Recreational Vehicle Engine Emission Standards, Enforcement and Recall Provisions, Warranty, Quality Audit, and New Engine Testing.
This section applies to off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, except those certified according to section 2412(f), produced on or after January 1, 1997, for sale, lease, use or introduction into commerce in California. Off-road motorcycles, all-terrain vehicles, and engines used in such vehicles are subject to Title 13, California Code of Regulations, Chapter 2, Articles 2.1 through 2.3, and the incorporated Appendix A, "California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, and Motorcycles", which are incorporated by reference herein.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5 and 43210, Health and Safety Code. Reference: Sections 43013, 43018, 43105, 43107, 43205.5 and 43210, Health and Safety Code.



s 2415. California Off-Highway Vehicle Areas and Riding Seasons for Off-Highway Recreational Vehicles with Use Restrictions.
(a) The following table lists the public off-highway vehicle (OHV) areas of California designated for off-highway recreational vehicle operation, including off-highway motorcycle and ATV operation. Model year 2003 and later off-highway motorcycles and ATVs that are certified pursuant to section 2412(f) are permitted to operate in the areas noted below only during the applicable riding seasons noted. Off-highway motorcycles and ATVs that meet the emissions standards noted in section 2412(b) are not subject to riding season use restrictions. This table contains the following information: OHV area managing entities, OHV area names, and the applicable riding seasons.
Table 1 OHV Areas and Their Riding Seasons for Vehicles With Use Restrictions

OHV Area Managing
Entity [FN1] OHV Area Name Riding Season
Department of Parks and
Recreation (DPR) Carnegie Nov 1 - Apr 30
Clay Pit Nov 1 - Jun 30
Hollister Hills Oct 1 - May 31
Hungry Valley Oct 1 - Apr 30
Ocotillo Wells Oct 15 - May 15
Oceano Dunes Sep 15 - May 15
Prairie City Oct 15 - Apr 15
Mammoth Bar Oct 1 - May 31
Bureau of Land
Management (BLM)
Bakersfield District
Office Clear Creek Oct 1 - May 31
Management Area
Bishop Resource Year-round
Area
BLM Norcal Fort Sage OHV Area Year-round
Samoa Dunes Year-round
Black Sands Beach Year-round
Chappie-Shasta ORV Oct 1 - May 31
Area
South Cow Mountain Year-round
Recreational Area
Knoxville Recreation Year-round
Area
California Desert
District Office Olancha Dunes Year-round
Spangler Hills Oct 1 - May 31
Jawbone Oct 1 - May 31
Canyon/Dove
Springs
Dumont Dunes Nov 1 - Apr 30
Stoddard Valley Oct 1 - Apr 30
Johnson Valley Oct 1 - Apr 30
Superstition Oct 1 - May 31
Mountain
Imperial Sand Dunes Oct 1 - Apr 30
(Glamis/Gecko)
Plaster City Oct 1 - May 31
Imperial Sand Dunes Oct 1 - Apr 30
(Buttercup Valley)
Lark Canyon Dec 1 - Jan 31
(McCain Valley)
Rasor Oct 1 - Apr 30
Imperial Sand Dunes Oct 1 - Apr 30
(Mammoth Wash)
El Mirage/Shadow Nov 1 - Mar 15
Mountains
Rice Valley Dunes Year-round
Parker Strip Year-round
United States Forest
Service (USFS)
Angeles National
Forest Mt. Baldy Ranger Dec 1 - Jan 31
District
Rowher Flat Nov 1 - Mar 31
Tujunga Ranger Dec 1 - Jan 31
District
Littlerock Nov 1 - Mar 31
Cleveland National
Forest Corral Canyon Dec 1 - Jan 31
Wildomar Dec 1 - Feb 28/29 [FNa]
Eldorado National
Forest Mace Mill -Rock Oct 15 - May 31
Creek
Barrett Lake Year-round
Inyo National Forest Poleta Year-round
Lake Tahoe Basin
Management Unit Kings Beach Year-round
Los Padres National
Forest Alamo Mountain Oct 15 - Apr 30
Ballinger Canyon Nov 1 - Mar 15
Black Mountain Oct 1 - Apr 30
(Pozo-LaPanza)
Santa Barbara Nov 15 - Mar 15
Ranger District
Ortega Trail Nov 15 - Mar 15
Mendocino National
Forest Davis Flat Year-round
Lake Pillsbury Year-round
Elk Mountain Area Year-round
Plumas National
Forest Gold Lake Year-round
Dixie Mountain Year-round
Mosquito Year-round
Creek/Antelope
Lake/Lights Creek/
Canyon Dam
Deadman Year-round
Springs/Snake Lake
Cleghorn Bar/Poker Year-round
Flat/La Porte
Big Creek/Four Year-round
Tees/French
Creek/Bucks Summit
San Bernardino
National Forest Lake Arrowead Area Nov 1 - Feb 28/29 [FNa]
Big Bear Lake Area Nov 1 - Feb 28/29 [FNa]
San Jacinto Area Nov 1 - Feb 28/29 [FNa]
Lytle Creek Area Nov 1 - Feb 28/29 [FNa]
Sequoia National
Forest Tule River Ranger Nov 1 - Apr 30
District
Frog Meadow Area Nov 1 - Apr 30
Kennedy Meadows Year-round
Shasta-Trinity
National Forest Hayfork Area Year-round
McCloud Ranger Year-round
District
Sierra National
Forest Kings River Nov 1 - May 31
Shaver Lake Area Nov 1 - May 31
Hites Cove Nov 1 - May 31
Miami Creek Nov 1 - May 31
Six Rivers National
Forest Smith Rivers NRA Year-round
Stanislaus National
Forest Niagara Ridge Year-round
Area/Herring Creek
Date Flat Oct 1 - May 31
Area/Moore Creek
Area
Deer Creek Oct 1 - May 31
Area/Hull Creek
Area
Corral Hollow/Spicer Oct 1 - May 31
Tahoe National
Forest Foresthill OHV Area Oct 1 - May 31
Fordyce Jeep Trail Oct 1 - May 31
Truckee Ranger Year-round
District
Prosser Hills Area Year-round
Downieville Ranger Year-round
District
Cities, Counties, or
other Jurisdictions Frank Raines-Deer Oct 1 - May 31
Creek OHV Park
LaGrange ORV Nov 1 - Mar 31
Park
Park Moabi Year-round
Riverfront Park ORV Year-round
Area
County of Santa Nov 1 - Apr 30
Clara Motorcycle
Park
Black Butte Lake Year-round

_________
[FN1]1 The OHV area managing entities are indicated initalics, and the managing entity regions are indicated in regular text.
[FNa]a In leap years, February 29 is the last day of February.
(b) The Executive Officer shall publish in the California Regulatory Notice Register and notifypotentially affected OHV Area Managing Entities regarding revisions to Table 1 in subsection (a) at least 30 days before the revisions take effect, in the following situations: (continued)