[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]