[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: 40CFR1051.605]

[Page 632-633]
 
                   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 G_Compliance Provisions
 
Sec. 1051.605  What are the provisions for exempting vehicles from the 

requirements of this part if they use engines you have certified under 
the motor-vehicle program or the Large Spark-ignition program?

    (a) You may ask for an exemption under this section if you are the 
manufacturer of an engine certified under the motor-vehicle program or 
the Large Spark-ignition program. See Sec. 1051.610 if you are not the 
engine manufacturer.
    (b)(1) The only requirements or prohibitions from this part that 
apply to a vehicle that is exempt under this section are in this section 
and Sec. 1051.610.
    (2) If the 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 Sec. 
1068.101 of this chapter.
    (3) Vehicles exempted under this section are subject to all the 
requirements affecting engines and vehicles under 40 CFR part 86 or part 
1048, as applicable. The requirements and restrictions of 40 CFR part 86 
or 1048 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 motor vehicle or 
other nonrecreational application.
    (c) If you meet all the following criteria regarding your engine, 
the vehicle using the engine is exempt under this section:
    (1) The vehicle is produced using an engine or incomplete vehicle 
covered by a valid certificate of conformity under 40 CFR part 86 or 
part 1048.
    (2) No changes are made to the certified engine or vehicle that we 
could reasonably expect to increase any of its regulated emissions. For 
example, if any of the following changes are made to the engine, it does 
not qualify for this exemption:
    (i) Any fuel system or evaporative system parameters are changed 
from the certified configuration (this does not apply to refueling 
emission controls).
    (ii) Any other emission-related components are changed.

[[Page 633]]

    (iii) The engine cooling system is modified or assembled so that 
temperatures or heat rejection rates are outside the original engine's 
specified ranges.
    (3) The engine must have the emission control information label we 
require under 40 CFR part 86 or part 1048.
    (4) You must demonstrate that fewer than 50 percent of the engine 
model's total sales, from all companies, are used in recreational 
vehicles.
    (d) If you manufacture both the engine and vehicle under this 
exemption, you must do all of the following to keep the exemption valid:
    (1) Make sure the original emission control information 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 control information label, do the following:
    (i) Include the heading: ``Recreational Vehicle Emission Control 
Information''.
    (ii) Include your full corporate name and trademark.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR RECREATIONAL USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished installation (month and year).
    (3) Make sure the original and supplemental labels are readily 
visible after the engine is installed in the vehicle or, if the vehicle 
obscures the engine's emission control information label, make sure the 
vehicle manufacturer attaches duplicate labels, as described in Sec. 
1068.105 of this chapter.
    (4) Send the Designated 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 models you expect to produce under this exemption in 
the coming year.
    (iii) State: ``We produce each listed model for recreational 
application without making any changes that could increase its certified 
emission levels, as described in 40 CFR 1051.605.''.
    (e) If we request it, you must send us emission test data on the 
applicable recreational duty cycle(s). You may include the data in your 
application for certification under 40 CFR part 86 or part 1048, or in 
your letter requesting the exemption. We will generally not ask you for 
these data under normal circumstances, especially when they are more 
readily available from another source.