(a)

(1) Exhaust emissions from Class I and Class II motorcycles shall not exceed the standards listed in the following table:

(2) Exhaust emissions from Class III motorcycles shall not exceed the standards listed in the following table:

(b) The standards set forth in paragraphs (a) (1) and (2) of this section refer to the exhaust emitted over the driving schedule as set forth in subpart F and measured and calculated in accordance with those procedures.

(c) Compliance with the HC + NOX standards set forth in paragraph (a)(2) of this section may be demonstrated using the averaging provisions of §86.449.

(d) No crankcase emissions shall be discharged into the ambient atmosphere from any new motorcycle subject to this subpart.

(e) Manufacturers with fewer than 500 employees worldwide and producing fewer than 3,000 motorcycles per year for the United States are considered small-volume manufacturers for the purposes of this section. The following provisions apply for these small-volume manufacturers:

(1) Small-volume manufacturers are not required to comply with the Tier 1 standards applicable to Class III motorcycles until model year 2008.

(2) Small-volume manufacturers are not required to comply with the Tier 2 standards applicable to Class III motorcycles.

(3) Small-volume manufacturers are not required to comply with permeation requirements in paragraph (g) of this section until model year 2010.

(f) Manufacturers may choose to certify their Class I and Class II motorcycles to an HC + NOX standard of 1.4 g/km instead of the 1.0 g/km HC standard listed in paragraph (a)(1) of this section. Engine families certified to this standard may demonstrate compliance using the averaging provisions of §86.449.

(g) Model year 2008 and later motorcycles must comply with the evaporative emission standards described in 40 CFR 1051.110. Manufacturers may show compliance using the design-based certification procedures described in 40 CFR 1051.245. Manufacturers may comply with the tank permeation standards using the averaging provisions in 40 CFR part 1051, subpart H, but may not include any motorcycles equipped with metal fuel tanks in their average emission level. Manufacturers may not average between highway motorcycle engine families and recreational vehicle families.

[69 FR 2436, Jan. 15, 2004, as amended at 70 FR 40434, July 13, 2005; 81 FR 73979, Oct. 25, 2016]