[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.105]

[Page 602-603]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES
--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec. 1051.105  What are the exhaust emission standards for off-highway 
motorcycles?

    (a) Apply the exhaust emission standards in this section by model 
year. Measure emissions with the off-highway motorcycle test procedures 
in subpart F of this part.
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may use the averaging, banking, and trading provisions of subpart H 
of this part to show compliance with the HC+NOX and/or CO 
standards (an engine family meets emission standards even if its family 
emission limit is higher than the standard, as long as you show that the 
whole averaging set of applicable engine families meet the applicable 
emission standards using emission credits, and the vehicles within the 
family meet the family emission limit). The phase-in values specify the 
percentage of your U.S.-directed production that must comply with the 
emission standards for those model

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years. Calculate this compliance percentage based on a simple count of 
production units within the engine family. Table 1 follows:

            Table 1 of Sec. 1051.105--Exhaust Emission Standards for Off-Highway Motorcycles (g/km)
----------------------------------------------------------------------------------------------------------------
                                                                 Emission standards     Maximum allowable family
                                                   Phase-in  --------------------------      emission limits
            Phase                 Model year      (percent)                            -------------------------
                                                                 HC+NOX         CO         HC+NOX         CO
----------------------------------------------------------------------------------------------------------------
Phase 1......................  2006............           50          2.0           25         20.0           50
                              -------------------
                               2007 and later..          100          2.0           25         20.0           50
----------------------------------------------------------------------------------------------------------------

    (2) For model years 2007 and later you may choose to certify all of 
your off-highway motorcycles to an HC+NOX standard of 4.0 g/
km and a CO standard of 35 g/km, instead of the standards listed in 
paragraph (a)(1) of this section. To certify to the standards in this 
paragraph (a)(2), you must comply with the following provisions:
    (i) You may not request an exemption for any off-highway motorcycles 
under Sec. 1051.620
    (ii) At least ten percent of your off-highway motorcycles for the 
model year must have four of the following features:
    (A) The absence of a headlight or other lights.
    (B) The absence of a spark arrestor.
    (C) The absence of manufacturer warranty.
    (D) Suspension travel greater than 10 inches.
    (E) Engine displacement greater than 50 cc.
    (F) The absence of a functional seat.
    (iii) You may use the averaging and banking provisions of subpart H 
of this part to show compliance with this HC+NOX standard, 
but not this CO standard. If you use the averaging or banking provisions 
to show compliance, your FEL for HC+NOX may not exceed 8.0 g/
km for any engine family. You may not use the trading provisions of 
subpart H of this part.
    (3) You may certify off-highway motorcycles with engines that have 
total displacement of 70 cc or less to the exhaust emission exhaust 
standards in Sec. 1051.615 instead of certifying them to the exhaust 
emission standards of this section.
    (b) Apply the exhaust emission standards in this section for off-
highway motorcycles using each type of fuel specified in 40 CFR part 
1068, subpart C, for which they are designed to operate. You must meet 
the numerical emission standards for hydrocarbons in this section based 
on the following types of hydrocarbon emissions for off-highway 
motorcycles powered by the following fuels:
    (1) Gasoline- and LPG-fueled off-highway motorcycles: THC emissions.
    (2) Natural gas-fueled off-highway motorcycles: NMHC emissions.
    (3) Alcohol-fueled off-highway motorcycles: THCE emissions.
    (c) Your off-highway motorcycles must meet emission standards over 
their full useful life (Sec. 1051.240 describes how to use 
deterioration factors to show this). The minimum useful life is 10,000 
kilometers or five years, whichever comes first. You must specify a 
longer useful life for the engine family in terms of kilometers if the 
average service life of your vehicles is longer than the minimum value, 
as follows:
    (1) Except as allowed by paragraph (c)(2) of this section, your 
useful life (in kilometers) may not be less than either of the 
following:
    (i) Your projected operating life from advertisements or other 
marketing materials for any vehicles in the engine family.
    (ii) Your basic mechanical warranty for any engines in the engine 
family.
    (2) Your useful life may be based on the average service life of 
vehicles in the engine family if you show that the average service life 
is less than the useful life required by paragraph (c)(1) of this 
section, but more than the minimum useful life (10,000 kilometers). In 
determining the actual average service life of vehicles in an engine 
family, we will consider all available information and analyses. Survey 
data is allowed but not required to make this showing.

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