[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: 40CFR86.448-2006]

[Page 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. 86.448-2006  What are the provisions for producing motorcycles under 
50 cc with engines already certified under other programs?

    (a) You may produce a highway motorcycle (that is, a motorcycle that 
is a motor vehicle) under 50 cc using a nonroad engine if you meet four 
criteria:
    (1) The engine or vehicle is certified to 40 CFR part 90 or part 
1051.
    (2) The engine is not adjusted outside the engine manufacturer's 
specifications, as described in Sec. 86.447-2006(c)(2) and (d).
    (3) The engine or vehicle is not modified in any way that may affect 
its emission control.
    (4) Fewer than 50 percent of the engine model's total sales, from 
all companies, are used in highway motorcycles.
    (b) If you produce a 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 motorcycle in a 
position where it will remain clearly visible.
    (i) Include the heading: ``Highway Motorcycle Emission Control 
Information''.
    (ii) Include your full corporate name and trademark.
    (iii) State: ``THIS MOTORCYCLE WAS PRODUCED WITH A NONROAD ENGINE 
FOR HIGHWAY USE WITHOUT AFFECTING THE ENGINE'S EMISSION CONTROLS.''.
    (c) This section does not apply if you manufacture the engine 
yourself; see Sec. 86.447-2006.
    (d) Upon request, you must send to EPA emission test data on the 
duty cycle for Class I motorcycles.
    (e) 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]