(1) The engine displacement is less than 50 cubic centimeters, or

(2) An 80 kilogram (176 pound) driver cannot

(1) for Model Year 1988 through 2003 motorcycle engines and motorcycles with engine displacement of 280 cc or greater, no individual engine family exhaust emission standard shall exceed 2.5 g/km HC, and

(2) for Model Year 2004 and subsequent motorcycle engines and motorcycles with engine displacement of 280 cc or greater, no individual engine family exhaust emission standard shall exceed 2.5 g/km HC+NOx, and

(3) no engine family designation or engine family exhaust emission standard shall be amended in a model year after the engine family is certified for the model year, and

(4) prior to sale or offering for sale in California, each engine family shall be certified in accordance with Section 1958(c) and shall be required to meet the manufacturer's designated HC or HC + NOx standard, whichever applies, as a condition of the certification Executive Order. Prior to certification the manufacturer shall also submit estimated production volumes for each engine family to be offered for sale in California.

(1) During the manufacturer's production year, for each engine family, the manufacturer shall provide the following information to the Executive Officer within 30 days after the last day in each calendar quarter:

(2) The manufacturer's average HC or HC + NOx exhaust emissions, whichever applies, shall meet the applicable corporate average standard at the end of the manufacturer's production for the model year.

(3) Production and sale of vehicles which result in non-compliance with the California standard for the model year shall cause a manufacturer to be subject to civil penalties, per vehicle, pursuant to Health and Safety Code Section 43154. All excess emissions resulting from final non-compliance with the California standard shall be made up in the following model year.

(4) For a period of up to one year following the end of the model year, for each model the manufacturer shall submit California sales and registration data as it becomes available.

(1) When the word “Administrator” is used in these federal regulations, it shall mean the executive officer of the state board.

(2) When a California service accumulation vehicle is used, the California standards for Class I and II motorcycles for the manufacturer designated standards (STD_jx) for Class III motorcycles as defined above shall supersede corresponding federal standards in Subpart E of the federal regulations.

(3) Pursuant to the federal certification protocol under 40 CFR Section 86.432-78, a manufacturer has the option of applying an outlier test point procedure. Where the manufacturer chooses to apply the optional procedure, the California statistical outlier procedure entitled “Calculation of t-Statistic for Deterioration Data Outlier Test,” dated December 17, 1976, shall be used to test for irregular data from a durability-data set. If any data point is identified by the manufacturer as a statistical outlier, the executive officer shall determine, on the basis of an engineering analysis of the cause of the outlier submitted by the manufacturer, whether the outlier is to be rejected. The outlier shall be rejected only if the executive officer determines that the outlier does not reflect representative characteristics of the emission control system anomaly, test procedure error, or an extraordinary circumstance not expected to recur. Only the identified outlier shall be eliminated; other data at that test point (i.e., data for other pollutants) shall not be eliminated unless the executive officer determines, based on the engineering analysis, that they also do not reflect representative characteristics of the emission control system. All durability test data, including any outliers and the manufacturer's engineering analysis shall be submitted with the final application.

(4) When a federal service accumulation vehicle does not meet the applicable California engine family standards, a stabilized “worst case” California configuration vehicle may be utilized to demonstrate compliance with the California standards.

(2) To obtain certification as a small volume manufacturer pursuant to this subsection, the manufacturer shall submit product information and estimated sales data with the certification application for each engine family sold in California. As a condition of obtaining certification as a small volume manufacturer, the manufacturer shall submit annually to the Executive Officer a summary of its efforts and progress toward meeting more stringent HC + NOx exhaust emission standards. The summary shall include a description of the manufacturer's current HC + NOx emission control development status, along with supporting test data, and future planned development work.

(3) For purposes of subsection 1958(f)(1), the following provisions apply:

(1) Manufacturers which sell Class III motorcycles or motorcycle engines in California certified as meeting either a 0.8 g/km or 0.4 g/km HC+NOx level prior to Model Year 2008 can receive credits for use in the Model Year 2008 corporate average upon written approval by the Executive Officer. Each unit of Class III motorcycle or motorcycle engine sold between Model Years 1999 and 2008 and which meets the requirements of this subsection shall be multiplied by whichever X multiplier applies, as shown in the following table:

(2) Applications for early compliance credits pursuant to this subsection shall include in writing all emissions data, test protocols, equipment specifications, operating conditions, and any other technical information requested by the Executive Officer.

(3) The Executive Order approving early compliance credits under this subsection shall specify the exact amount of credits granted, the date of expiration for the credits, and all enforcement provisions applicable to the use of early compliance credits. Each motorcycle and each motorcycle that incorporates an engine for which early compliance credits have been granted pursuant to this subsection shall specify on its “California Motor Vehicle Emission Control And Smog Index Label” (Section 1965, Title 13, California Code of Regulations), in addition to all other existing requirements, the actual HC + NOx engine family exhaust emissions level for which the vehicle or engine has been granted early compliance credit.