[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.446-2006]

[Page 645-646]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES--Table of Contents
 
   Subpart E_Emission Regulations for 1978 and Later New Motorcycles, 
                           General Provisions
 
Sec. 86.446-2006  What are the provisions for extending compliance 
deadlines for small-volume manufacturers under hardship?

    (a) After considering the circumstances, the Director of the Office 
of Transportation and Air Quality may extend the compliance deadline for 
you to meet new or revised emission standards, as long as you meet all 
the conditions and requirements in this section.
    (b) To be eligible for this exemption, you must qualify as a small-
volume manufacturer under Sec. 86.410-2006(e).
    (c) To apply for an extension, you must send the Designated 
Compliance Officer a written request. In your request, show that all the 
following conditions and requirements apply:
    (1) You have taken all possible business, technical, and economic 
steps to comply.
    (i) In the case of importers, show that you attempted to find a 
manufacturer capable of supplying complying products as soon as you 
became aware of the applicable requirements, but were unable to do so.
    (ii) For all other manufacturers, show that the burden of compliance 
costs prevents you from meeting the requirements of this chapter.
    (2) Not having the exemption will jeopardize the solvency of your 
company.
    (3) No other allowances are available under the regulations in this 
part to avoid the impending violation, excluding those in Sec. 86.445.
    (d) In describing the steps you have taken to comply under paragraph 
(c)(1) of this section, include at least the following information:
    (1) Describe your business plan, showing the range of projects 
active or under consideration.
    (2) Describe your current and projected financial standing, with and 
without the burden of complying fully with the regulations in this part.
    (3) Describe your efforts to raise capital to comply with 
regulations in this part (this may not apply for importers).
    (4) Identify the engineering and technical steps you have taken or 
plan to take to comply with the regulations in this part.
    (5) Identify the level of compliance you can achieve. For example, 
you may be able to produce engines that meet a somewhat less stringent 
emission standard than the regulations require.
    (e) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (f) You must give us other relevant information if we ask for it.

[[Page 646]]

    (g) An authorized representative of your company must sign the 
request and include the statement: ``All the information in this request 
is true and accurate, to the best of my knowledge.''
    (h) Send your request for this extension at least nine months before 
new standards apply. Do not send your request before the regulations in 
question apply to other manufacturers.
    (i) We may include reasonable requirements on an approval granted 
under this section, including provisions to recover or otherwise address 
the lost environmental benefit. For example, we may require that you 
meet a less stringent emission standard or buy and use available 
emission credits.
    (j) We will approve extensions of up to one year. We may review and 
revise an extension as reasonable under the circumstances.
    (k) Add a permanent, legible label, written in block letters in 
English, to a readily visible part of each motorcycle exempted under 
this section. This label must include at least the following items:
    (1) The label heading ``EMISSION CONTROL INFORMATION''.
    (2) Your corporate name and trademark.
    (3) Engine displacement (in liters) and model year of the motorcycle 
or whom to contact for further information.
    (4) The statement ``THIS MOTORCYCLE IS EXEMPT UNDER 40 CFR 86.446 
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

[69 FR 2437, Jan. 15, 2004]