[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: 40CFR86.447-2006] [Page 646-647] 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. 86.447-2006 What are the provisions for exempting motorcycles under 50 cc from the requirements of this part if they use engines certified under other programs? (a) This section applies to you if you manufacture engines under 50 cc for installation in a highway motorcycle (that is, a motorcycle that is a motor vehicle). See Sec. 86.448-2006 if you are not the engine manufacturer. (b) The only requirements or prohibitions from this part that apply to a motorcycle that is exempt under this section are in this section and Sec. 86.448-2006. (c) If you meet all the following criteria regarding your new engine, it is exempt under this section: (1) You must produce it under a valid certificate of conformity for one of the following types of engines or vehicles: (i) Class II engines under 40 CFR part 90. (ii) Recreational vehicles under 40 CFR part 1051. (2) You must not make any changes to the certified engine that we could reasonably expect to increase its exhaust emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption: (i) Change any fuel system parameters from the certified configuration. (ii) Change any other emission-related components. (iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine's specified ranges. (3) You must make sure the engine has the emission label we require under 40 CFR part 90 or part 1051. (4) You must make sure that fewer than 50 percent of the engine model's total sales, from all companies, are used in highway motorcycles. (d) If you produce only the engine, give motorcycle manufacturers any necessary instructions regarding what they may or may not change under paragraph (c)(2) of this section. Upon request, send EPA a list the motorcycle models you expect to be produced under this exemption in the model year (including motorcycles produced under Sec. 86.448-2006), and the manufacturers of those motorcycles. (e) If you produce both the engine and motorcycle under this exemption, you must do all of the following to keep the exemption valid: (1) Make sure the original emission label is intact. (2) Add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the vehicle. In your engine's emission label, do the following: (i) Include the heading: ``Highway Motorcycle Emission Control Information''. (ii) Include your full corporate name and trademark. [[Page 647]] (iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT AFFECTING ITS EMISSION CONTROLS.''. (iv) State the date you finished installation (month and year). (3) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information: (i) Identify your full corporate name, address, and telephone number. (ii) List the motorcycle models you expect to produce under this exemption in the coming year. (iii) State: ``We produce each listed model as a highway motorcycle without making any changes that could increase its certified emission levels, as described in 40 CFR 86.447.''. (f) If your vehicles do not meet the criteria listed in paragraph (c) of this section, they will be subject to the standards and prohibitions of this part. Producing these vehicles without a valid exemption or certificate of conformity would violate the prohibitions in Clean Air Act section 203 (42 U.S.C. 7522). (g) Upon request, you must send to EPA emission test data on the duty cycle for Class I motorcycles. You may include the data in your application for certification or in your letter requesting the exemption. (h) Vehicles exempted under this section are subject to all the requirements affecting engines and vehicles under 40 CFR part 90 or part 1051, as applicable. The requirements and restrictions of 40 CFR part 90 or 1051 apply to anyone manufacturing these engines, anyone manufacturing vehicles that use these engines, and all other persons in the same manner as if these engines were used in a nonroad application. [69 FR 2438, Jan. 15, 2004]