Proposed
Regulation
Order
Amend
Title
13,
California
Code
of
Regulations,
section
1958
to
read
as
follows:

[
Note:
Proposed
amendments
for
this
rulemaking
as
noticed
in
the
45­
day
comment
period
are
shown
in
bold
underlined
text
to
indicate
additions
and
strikeout
to
indicate
deletions.
Changes
proposed
at
the
December
10,
1998
Board
Hearing
are
shown
in
bold
double
underlined
text
to
indicate
additions
and
bold
strikeout
to
indicate
deletions.]

§
1900(
b)(
17)
"
Motorcycle
Engine"
means
an
engine
which
is
used
to
propel
a
new,
street­
use
motorcycle.

§
1958.
Exhaust
Emission
Standards
and
Test
Procedures
 
Motorcycles
and
Motorcycle
Engines
Manufactured
on
or
after
January
1,
1978.

(
a)
This
section
shall
be
applicable
to
motorcycles,
motorcycle
engines,
and
the
manufacturers
of
either
motorcycles
or
motorcycle
engines
produced
on
or
after
January
1,
1978.
Motorcycles
and
motorcycle
engines
are
excluded
from
the
requirements
of
this
section
if:

(
1)
The
engine
displacement
is
less
than
50
cubic
centimeters,
or
(
2)
An
80
kilogram
(
176
pound)
driver
cannot:

(
A)
start
from
a
dead
stop
using
only
the
engine,
or
(
B)
exceed
a
maximum
speed
of
40
kilometers
per
hour
(
24.9
miles
per
hour)
on
a
level
paved
surface.
(
b)
Exhaust
emissions
from
new
street­
use
motorcycles
and
motorcycle
engines,
subject
to
registration
and
sold
and
registered
in
this
state,
shall
not
exceed:

Exhaust
Emission
Table
of
Standards
(
grams
per
kilometer)

Exhaust
Emission
Standards
(
grams
per
kilometer)
Model­
Year
Engine
Displacement
(
in
cubic
centimeters)
Hydrocarbon
(
HC)
+
Oxides
of
Nitrogen
(
NOx)
Carbon
Monoxide
1978
to
1979
50
to
less
than
170
5.0
(
HC
only)
17
1978
to
1979
170
to
less
than
750
5.0
+
0.0155(
D­
170)*
(
HC
only)
17
1978
to
1979
750
or
greater
14
(
HC
only)
17
1980
to
1981
All
(
50
cc
or
larger)
5.0
(
HC
only)
17
1982
and
subsequent
50
cc
to
279
cc
1.0
(
HC
only)
12
1982
through
1985
(
manufactured
prior
to
March
1,
1985)
280
cc
or
greater
2.5
(
HC
only)
12
1985
(
manufactured
after
February
28,
1985)
through
1987
280
cc
or
greater
1.4
(
HC
only),
applied
as
a
corporate
average,
**
provided
that
each
engine
family
shall
have
only
one
applicable
standard
12
1988
and
subsequent
through
2003
280
cc
to
699
cc
1.0
(
HC
only),
applied
as
a
corporate
average,
**
provided
that
each
engine
family
shall
have
only
one
applicable
standard
12
1988
and
subsequent
through
2003
700
cc
or
greater
1.4
(
HC
only),
applied
as
a
corporate
average,
**
provided
that
each
engine
family
shall
have
only
one
applicable
standard
12
2004
through
2007
280
cc
or
greater
1.4
(
HC
+
NOx),
applied
as
a
corporate
average,
**
provided
that
each
engine
family
shall
have
only
one
applicable
standard
12
2008
and
subsequent
280
cc
or
greater
0.8
(
HC
+
NOx),
applied
as
a
corporate
average,
**
provided
that
each
engine
family
shall
have
only
one
applicable
standard
12
*
D
=
engine
displacement
of
motorcycles
in
cubic
centimeters.
**
Compliance
with
a
standard
to
be
applied
as
a
"
corporate
average"
shall
be
determined
as
follows:
where,

n
=
Class
III
motorcycle
engine
families
(
engines
with
displacement
of
280
cc
or
greater
manufactured
after
February
28,
1985).

PRODjx
=
Number
of
units
of
Class
III
engine
family
j
produced
for
sale
in
California
in
model
year
x
STDjx
=
The
manufacturer
designated
HC
or
HC
+
NOx
emission
standard,
whichever
applies,
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
(
1)
for
Model
Year
1988
through
2003
motorcycle
engines
and
motorcycles
with
engine
displacement
of
280
cc
or
greater,
no
individual
engine
family
exhaust
emission
standard
shall
exceed
2.5
g/
km
HC,
and
(
2)
for
Model
Year
2004
and
subsequent
motorcycle
engines
and
motorcycles
with
engine
displacement
of
280
cc
or
greater,
no
individual
engine
family
exhaust
emission
standard
shall
exceed
2.5
g/
km
HC+
NOx,
and
(
3)
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
(
4)
prior
to
sale
or
offering
for
sale
in
California,
each
engine
family
shall
be
certified
in
accordance
with
Section
1958(
c)
and
shall
be
required
to
meet
the
manufacturer's
designated
HC
or
HC
+
NOx
standard,
whichever
applies,
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
or
HC
+
NOx
exhaust
emissions,
whichever
applies,
from
those
California
motorcycles
or
motorcycle
engines
subject
to
the
California
corporate
average
HC
or
HC
+
NOx
exhaust
emission
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
engine
family,
the
manufacturer
shall
provide
the
following
information
to
the
Executive
Officer
within
30
days
after
the
last
day
in
each
calendar
quarter:
(
aA)
vehicle
identification
numbers
and
an
explanation
of
the
identification
code;
(
bB)
the
total
number
of
vehicles
or
motorcycle
engines
produced
for
sale
in
California
and
their
applicable
designated
emissions
standards.

(
2)
The
manufacturer's
average
HC
or
HC
+
NOx
exhaust
emissions,
whichever
applies,
shall
meet
the
applicable
corporate
average
standard
at
the
end
of
the
manufacturer's
production
for
the
model
year.

[
Note:
No
changes
are
proposed
for
Section
1958(
b)(
3)
through
(
e)]

(
f)
(
1)
Small
Volume
Manufacturers:
Exhaust
emission
standards
for
from
Class
III
motorcycles
and
motorcycle
engines
of
produced
by
small
volume
manufacturers
shall
not
be
exceeded
are
as
follows:

(
A)
For
Model
Year
19848
through
2007,
Class
III
motorcycle
engines
and
no
motorcycles
with
engine
displacements
between
280
cc
and
699
cc
shall
emit
no
more
than
1.0
gram
per
kilometer
hydrocarbon,
applied
as
a
corporate
average,
provided
that
no
engine
family
shall
emit
greater
than
2.5
grams
per
kilometer
hydrocarbon
for
the
1984,
1985,
1986,
and
1987
model
years;
Class
III
motorcycle
engines
and
motorcycles
with
engine
displacements
of
700
cc
or
greater
shall
emit
no
more
than
1.4
gram
per
kilometer
hydrocarbon,
applied
as
a
corporate
average,
provided
that
no
engine
family
shall
emit
greater
than
2.5
grams
per
kilometer
hydrocarbon.
(
B)
For
Model
Year
2008
and
subsequent,
Class
III
no
motorcycles
and
motorcycle
engines
shall
exceed
emit
no
more
than
1.4
grams
per
kilometer
HC+
NOx,
applied
as
a
corporate
average,
provided
that
no
engine
family
shall
emit
greater
than
2.5
grams
per
kilometer
HC
+
NOx.

To
obtain
certification
as
a
small
volume
manufacturer
pursuant
to
this
subsection,
the
manufacturer
shall
submit
product
information
and
estimated
sales
data
with
the
certification
application
for
each
engine
family
sold
in
California.
As
a
condition
of
obtaining
certification
as
a
small
volume
manufacturer,
the
manufacturer
shall
submit
annually
to
the
state
board
Executive
Officer
a
summary
of
its
efforts
and
progress
toward
meeting
more
stringent
hydrocarbon
HC
+
NOx
exhaust
emission
standards.
The
summary
shall
include
a
description
of
the
manufacturer's
current
hydrocarbon
HC
+
NOx
emission
control
development
status,
along
with
supporting
test
data,
and
future
planned
development
work.
(
2)
For
purposes
of
this
subsection
(
f)(
1)(
A),
a
small
volume
manufacturer
is
one
which
sells
less
than
5,000
new
Class
I,
II,
and
III
motorcycles
per
model
year
in
California.
For
purposes
of
subsection
(
f)(
1)(
B),
a
small
volume
manufacturer
is
one
which
sells
no
more
than
1,000
300
new
Class
I,
II,
and
III
(
combined)
motorcycles
or
motorcycle
engines
for
use
in
model
year
2004
or
any
subsequent
model
year
in
California.

(
g)
Early­
Compliance
Credits
Manufacturers
which
sell
Class
III
motorcycles
or
motorcycle
engines
in
California
certified
as
meeting
either
a
0.8
g/
km
or
0.4
g/
km
HC+
NOx
level
prior
to
Model
Year
2008
can
receive
credits
for
use
in
the
Model
Year
2008
corporate
average
upon
written
approval
by
the
Executive
Officer.
Each
unit
of
Class
III
motorcycle
or
motorcycle
engine
sold
between
Model
Years
1999
and
2008
and
which
meets
the
requirements
of
this
subsection
shall
be
multiplied
by
whichever
X
multiplier
applies,
as
shown
in
the
following
table:

Table
of
Multipliers
to
Encourage
Early
Compliance
with
the
Proposed
Tier­
2
Standard
and
Beyond
Multiplier
(
X)
for
Use
in
MY
2008
Corporate
Averaging
Model
Year
Sold
Early
Tier­
2
Compliant
Certified
at
0.4
g/
km
HC+
NOx
1999
through
2004
1.5
3.0
2005
1.375
2.5
2006
1.250
2.0
2007
1.125
1.5
2008
and
subsequent
1.0
1.0
Note:
Each
unit
of
early
Tier­
2
compliant
and
0.4
g/
km
certified
motorcycles
and
motorcycle
engines
is
counted
cumulatively
toward
the
MY
2008
corporate
average.

(
h)
Sunset
Review
Within
five
years
from
the
effective
data
of
adoption
or
date
of
implementation,
which
ever
comes
later,
the
Air
Resources
Board,
in
consultation
with
the
Secretary
for
Environmental
Protection,
shall
review
the
provisions
of
this
section
to
determine
whether
it
should
be
retained,
revised,
or
repealed.

Note:
Authority
cited:
Sections
39600,
39601,
43013,
43101,
43104,
and
43107,
Health
and
Safety
Code.
Reference:
Sections
39002,
39003,
43000,
43013,
43100,
43101,
43104,
and
43107,
Health
and
Safety
Code;
and
Cal.
Stats.
83,
Ch.
103.
