[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1051.105]



[Page 617-618]

 

                   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 generate or use emission credits under the averaging, banking, 

and trading (ABT) program for HC+NOX and CO emissions, as 

described in subpart H of this part. This requires that you specify a 

family emission limit for each pollutant you include in the ABT program 

for each engine family. These family emission limits serve as the 

emission standards for the engine family with respect to all required 

testing instead of the standards specified in this section. 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 meets 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 years. Calculate this compliance 

percentage based on a simple count of your U.S.-directed production 

units within each certified engine family compared with a simple count 

of your total U.S.-directed production units. 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.



[[Page 618]]



    (3) You may certify off-highway motorcycles with engines that have 

total displacement of 70 cc or less to the exhaust emission standards in 

Sec.  1051.615 instead of certifying them to the exhaust emission 

standards of this section. Count all such vehicles in the phase-in 

(percent) requirements of this section.

    (b) The exhaust emission standards in this section apply for off-

highway motorcycles using the fuel type on 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. For off-highway motorcycles with engines that 

have total displacement greater than 70 cc, the minimum useful life is 

10,000 kilometers or five years, whichever comes first. For off-highway 

motorcycles with engines that have total displacement of 70 cc or less, 

the minimum useful life is 5,000 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.



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40487, July 13, 2005]