[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: 40CFR1051.620]



[Page 656-657]

 

                   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.  1051.620  When may a manufacturer obtain an exemption for 

competition recreational vehicles?



    (a) We may grant you an exemption from the standards and 

requirements of this part for a new recreational vehicle on the grounds 

that it is to be used



[[Page 657]]



solely for competition. The provisions of this part other than those in 

this section do not apply to recreational vehicles that we exempt for 

use solely for competition.

    (b) We will exempt vehicles that we determine will be used solely 

for competition. The basis of our determinations are described in 

paragraphs (b)(1), (b)(2), and (c) of this section. Exemptions granted 

under this section are good for only one model year and you must request 

renewal for each subsequent model year. We will not approve your renewal 

request if we determine the vehicles will not be used solely for 

competition.

    (1) Off-highway motorcycles. Motorcycles that are marketed and 

labeled as only for competitive use and that meet at least four of the 

criteria listed in paragraphs (b)(1)(i) through (vi) of this section are 

considered to be used solely for competition, except in cases where 

other information is available that indicates that they are not used 

solely for competition. The following features are indicative of 

motorcycles used solely for competition:

    (i) The absence of a headlight or other lights.

    (ii) The absence of a spark arrestor.

    (iii) The absence of manufacturer warranty.

    (iv) Suspension travel greater than 10 inches.

    (v) Engine displacement greater than 50 cc.

    (vi) The absence of a functional seat. (For example, a seat with 

less than 30 square inches of seating surface would generally not be 

considered a functional seat).

    (2) Snowmobiles and ATVs. Snowmobiles and ATVs meeting all of the 

following criteria are considered to be used solely for competition, 

except in cases where other information is available that indicates that 

they are not used solely for competition:

    (i) The vehicle or engine may not be displayed for sale in any 

public dealership.

    (ii) Sale of the vehicle must be limited to professional racers or 

other qualified racers.

    (iii) The vehicle must have performance characteristics that are 

substantially superior to noncompetitive models.

    (c) Vehicles not meeting the applicable criteria listed in paragraph 

(b) of this section will be exempted only in cases where the 

manufacturer has clear and convincing evidence that the vehicles will be 

used solely for competition.

    (d) You must permanently label vehicles exempted under this section 

to clearly indicate that they are to be used only for competition. 

Failure to properly label a vehicle will void the exemption for that 

vehicle.

    (e) If we request it, you must provide us any information we need to 

determine whether the vehicles are used solely for competition.



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40504, July 13, 2005]