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EPA Kit Builds

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Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Fri Feb 23, 2007 2:29 pm

EPA Kit Builds

http://www.epa.gov/EPA-AIR/2004/January/Day-15/a006.htm
G. Exemption for Motorcycle Kits and Custom Motorcycles

During the rulemaking we sought comment on the need for emission
control requirements for motorcycle engines distinct and separate from
the current and future requirements for complete motorcycles. We sought
comment in this area because we had identified a small sector in the
motorcycle market where the engine manufacturer and chassis
manufacturer are not the same entity. This includes two very small
parts of the market: one in which motorcycles are assembled by
individuals from parts and subassemblies procured from motorcycle kit
marketers or other separate sources; and another in which elaborate
custom motorcycles are created for display by collectors. At this time,
we are not including any certification requirements for engine
manufacturers.
See discussion in Chapter 1.5 of the Summary and
Analysis of Comments. The small volume motorcycle manufacturers who
purchase the vast majority of engines from other entities for
incorporation into the motorcycles will continue to be subject to the
regulations, and will continue to meet the requirements of the
regulations, as they have in the past.
However, for those individuals who put together a single motorcycle
for individual use and businesses that produce a handful of custom
motorcycles for display, we believe it is appropriate not to require
these entities to have to certify their assembled vehicles. Therefore,
we are promulgating provisions for two special exemptions. The first is
a one-time exemption for any person building a motorcycle from a kit
for individual use. We believe that the small benefit of having single
individuals certify to the standards is outweighed by the substantial
burden to these individuals in certifying.
Moreover, because the
engines in such kits generally are built by the same companies as those
engines going to the small volume motorcycle manufacturers, who still
must certify and who will represent the majority of the engine-makers'
production, we believe that most of the engines will be the same or
very similar to the engines used in the certified motorcycles.
Individuals may not use this provision as a regulatory loophole to
modify or customize a certified motorcycle in a manner which adversely
affects emissions. This provision is limited to one motorcycle per
individual over the life of the provision.

In the case where the owner of the kit motorcycle is not the
assembler of the motorcycle, the limitation of one motorcycle per
person applies to the purchaser of the kit components of the
motorcycle, who we expect is the end user of the motorcycle, rather
than to the person or persons who actually assemble the motorcycle. A
kit purchaser may have the kit assembled by another party and retain
the one-time exemption for the motorcycle. In order to qualify for the
exemption under these circumstances, the kit must be purchased by the
ultimate owner before assembly begins.
Parties or businesses who
purchase kit motorcycles for assembly and retail sale are not covered
by this exemption.
The second exemption is a sales-limited exemption for elaborate
custom motorcycles that are created for display by collectors. The
chassis of these ``display'' motorcycles are usually unique designs,
while the engines are either purchased from independent engine
manufacturers or custom built from engine components. Current
regulations in 40 CFR 85.1707 contain provisions which provide an
exemption applicable for all motor vehicles and engines produced solely
for display purposes. While these regulations are generally appropriate
for display engines, certain aspects of the current custom-built
motorcycle market make it appropriate to add a new provision applicable
only to such motorcycles. In particular, because these motorcycles are
often sold to collectors, the current exemption, which does not apply
to engines that are sold, would not be applicable. Therefore, we are
adding a limited exemption for custom manufacturers to sell a small
number of these engines every year, with the conditions discussed
below. It is our understanding that these motorcycles are rarely
operated on public streets. Therefore, as a condition of this
exemption, these motorcycles would be allowed to operate on public
streets or highways only as necessary to the display purpose, such as
traveling to and from motorcycle shows. No request for the exemption is
necessary for motorcycles that will not be sold or leased. However,
manufacturers planning to sell motorcycles for display under this
exemption will be required to notify EPA of their intent before they
sell any exempted motorcycles. They must also maintain sales records of
exempted motorcycles for at least three years and make them available
to EPA upon request. Sales under this exemption would be limited to
less than 25 per year per manufacturer. Every motorcycle exempted under
this provision must include a label that identifies the manufacturer
and includes the following statement: THIS MOTORCYCLE IS EXEMPT FROM
EPA EMISSION REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT
TO 40 CFR 86.407-78(c). We will generally allow manufacturers to locate
the label where it will not detract from the appearance of the
motorcycle. For example, We could allow the label to be located under
the seat.
As noted elsewhere, EPA may be revisiting several issues related to
motorcycle standards in the context of the 2006 technology review and
review of a possible World Motorcycle Test Cycle. One of the issues we
may be reviewing at that time is whether it is appropriate to regulate
motorcycle engine manufacturers or motorcycle kit manufacturers under
the motorcycle regulations. If we agree to regulate loose engine sales
at that time, these exemption provisions may no longer be necessary,
since both kit builders and custom manufacturers would be able to
purchase certified engines.
...(No way a fuel-dumping Linkert is ever going to pass a "World Motorcycle Test Cycle" review)... Therefore, we may propose to remove or
modify these provisions in the future. - [[Page 2416]]

------------------------------------------------------------------------------
(Therefore, there's a need to organize behind the AMA, by letter or email of intent, to let the EPA know we don't mind the one-emissions-free kit bike regulation, but don't include us in any World M/C Test standards). The AMA will support us http://www.amadirectlink.com/. I spoke with Imre Szauter on the phone and he told me all he knew, directed me to this section of the document, plus gave me an inside direct number to the EPA official who is a direct contact for our issues. I'm waiting for a call from the EPA and will post any updates.) This will remain a live-topic as facts are revealed.
I wrote JW to tell him Tedd ought to call his rolling chassis's "Exemption Kits" or any handle he can hold a marketing death-grip on. I can't believe that Tedd Cycle, J&P, FHP, Colony, Paughco, Cycle Electric, Eastern, and anybody else that has a stake in keeping our heritage alive, isn't barking mad about the prospect of losing the right to build the coolest motorcycles on the planet. :?
-----------------------------------------------------------------------------------
Yea, it's presently a mess. I get lost if it gets any more cluttered than this. Vol. 2 is on the table to the left. I'm reading it and making procedural changes as I install components for some final photos. Image
---------------------------------------------------------------------------------
http://www.amazon.com/Mechanics-Owners- ... F8&s=books
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Sun Feb 25, 2007 3:41 pm

From my conversations with the AMA and interpertation of what's written, they've left a path open for everybody. Arlen Ness gets to build his show bikes (they'll even let him ride them to the venue), every member of your family can title a kit build and after five years they can even sell it. So, the only states that can't participate in kit-builds are Calif. and NY.
Calif. may rescind their prohibition after the kit market gets established. The ONLY two problems with kits:
1. The V-Twin motors and transmissions. You have to convince people that having to take their new motor and transmission to a diagnostics mechanic to check it out first, is all part of the building program. Or you can buy a Knuckle motor from FHP or a Pan or Knuckle motor from Accurate Engineering and use it right out of the box.
2. The people who can afford to build a kit Knuck or Pan, are usually too lazy to build their own. They want to push a button to start the motor. So, you lose alot of cash-qualified people right there.
But, we're still here. And, there are people that build kits, only you don't hear about them yet. Some might show up around the country this summer. Mine will. 8)
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Sun Feb 25, 2007 5:25 pm

AMA actually stands for common man's interests

Yep. I haven't had any contact with them before. Now, that I have, I believe they do. They called me on their nickle to explain the situation. I don't b.s. no body about no thing. I expect to hear from the EPA directly tomorrow and if I don't, I'll be calling them. I have their number. It's not too hard to get what you want from the rules makers, but they have to hear from you to know what you want. It's easier to say well, they're out to keep all the kit builds off the streets, but that's not so.
My surprise is not the EPA, it's the manufacturers of our parts who we don't hear from. They're the ones who seem ambivalent about it. I'm learning more all the time.
<<

Pa

Site Admin

Posts: 4776

Joined: Sun Mar 12, 2000 1:01 am

Location: Ohio USA

Post Sun Feb 25, 2007 6:33 pm

I shouldn't stick my face in this one. FACE STUCK :lol: But don't stick your head in the sand either Plumber. The "sand" meaning, the want to hear from you peoples. Their nickle is yours by the way. Their ears are their polls. Toss the kind of bread they toss, where they toss it, and you will have a voice. IP nailed this one IMO. Pa
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Mon Feb 26, 2007 11:57 am

It's probably the right time to form a kit-builders chapter within the AMA. http://www.ama-cycle.org/ Think about it, and then start collecting names of manufacturers that want to contribute nothing more than their name. We'll get a roster of names and purpose. The purpose is to preserve the enthusiast's link with the past history of kick-starting a Linkert carburetored, emissions exempt, motorcycle. One per-person-per-lifetime as stated by the EPA article, Jan. 2004.
We don't want any EPA regulatory changes for now, but when it comes time for the World M/C Test, we want a voice, to ensure that we get to keep free-breathing Linkert's. That's all we want.
We will support whatever muffler system design that Harley-Davidson® had in stock between years 1936 and 1964 - Nothing less, nothing more.
Vintage Twin® is a company owned by myself and Stett http://www.stettsironhorseranch.com/. It has two meanings. One is for Vintage Big Twin and the other is a (Twin) of 1936-1964 Harley-Davidson® The title of our book was given the "we do not have a problem with your new title" approval from the Harley-Davidson Motor Co. on March 27, 1998.
So, think of a name for the chapter we would have within the AMA. The AMCA is on the AMA site, but they want nothing to do with replica - although they owe Chuck Wesholski an honorary lifetime membership, IMO. :lol:
Unless I'm missing something essential, a person can build replica Knuckle and Panheads in 48 states of America. [Note: I could be here, back-pedaling furiously next week, I if find some crippling information past what I know now.]
If anyone's up to it, decide who wants the task and pm me, and I'll give you another lead. We'll present the AMA with a charter of the above information once collected and see where if goes from there.
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Tue Feb 27, 2007 8:47 am

But don't stick your head in the sand either Plumber. The "sand" meaning, they want to hear from you peoples.
Au contre mon frere...we're in hot pursuit.
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Pa

Site Admin

Posts: 4776

Joined: Sun Mar 12, 2000 1:01 am

Location: Ohio USA

Post Tue Feb 27, 2007 8:27 pm

:lol: :lol: :wink:
<<

sleeper

User avatar

Posts: 1538

Joined: Thu Jun 19, 2003 12:01 am

Post Tue Feb 27, 2007 11:28 pm

The Big auto-makers get a break w/every econo-box they sell.. They have a deal that it entitles them to build & sell another, Big ASS GAS hogging SUV or Hummer or like that..
That's why they can still build em..
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Thu Mar 01, 2007 10:31 am

3/1/07. I talked to the EPA kit-czar. The EPA guidleines stand as written. If your one-kit-per-person-per-lifetime kit was emissions exempt today, it will be emissions exempt if there is ever a World Motorcycle Test Bike established in the future. "...to afford any regulating authorities (of the 50 states) the option of using the "test" if needed". Happy building. Knuckle and Panhead motors will still ride beneath the radar, as we always have and Linkert lives on. 8)
This is a press-release from S&S about their carburetor EPA certified motor, not their fuel-injected motor, available for use in 49 states (not in California), combined with a certified back-pressure exhaust and available for kit bilds. See them at Daytona.
--------------- ------------------- ---------------------------

01/12/2007 - S&S 1st To Obtain EPA Engine Certification!

S&S® CYCLE, INC. FIRST TO OBTAIN EPA ENGINE CERTIFICATION!
LA CROSSE, WI (January 12, 2007) S&S Cycle, Inc., manufacturer of high-quality, American-made engine assemblies and Proven Performance® components, successfully procured EPA Certification on all three of its V-Series engine families. This is in compliance with the rules and regulations of the EPA’s letter of guidance dated July 25, 2006 CISD-06-15 (MC).

The purpose of the EPA letter was to permit engine manufactures to adopt a “worst-case” engine certification process as part of the national program for highway motorcycles. This process will allow any customer or small volume manufacturer (<3000 annual units) (excluding California) to build an approved motorcycle “for highway use.” To be considered for approval, the customer must follow the requirements provided with the engine pertaining to installation and maintenance.
S&S customers will have the option of choosing from EPA certified V-Series engines in 3 5/8-inch bore (96 cubic inches), 4-inch bore (113 cubic inches) and the 4 1/8”-inch bore (124 cubic inches), all equipped with carburetors.
Engineering Manager Michael Scaletta said, “This is a historic day for S&S. The goal at S&S was to be one of the first, if not the first engine manufactures to sell an EPA certified engine according to the letter of guidance. This in turn will allow dealers and distributors to purchase an S&S Certified engine with no additional gaseous emissions testing needed for an on-highway motorcycle in 49 states. I would like to thank the MIC V-Twin association for their hard work on this issue. Indeed, this is a good day for the v-twin motorcycle enthusiast.”

“This is a very important announcement for the v-twin industry, including every builder and shop in the US. We have been working hard on these certifications since the letter of guidance was issued in July of 2006 and I’m extremely happy to see all three of the engine families approved just as the 2007 season is ready to kick off,” said VP of Product Development, Scott Sjovall.

The request for a Certificate to cover all three of the S&S engine families has been approved by the EPA and S&S is in possession of the Certificates. Each EPA Certified engine will come with an Installation Manual, Engine Owners Manual and permanent label to designate the vehicle meets EPA regulations. Some of the information listed in the Installation Manual will include the gear ratio (n/v), worst-case vehicle weight, exhaust system back pressure range, and label placement. The Owner’s Manual will include the emission component warranty, engine maintenance requirements, and anti-tampering requirements given by the EPA, to name a few.

“The S&S product development team, particularly Jan Smith, is to be congratulated for the effort put forth to allow S&S to be the first in the performance aftermarket to obtain certification through the EPA’s engine certification program,” said S&S president Brett Smith. “Additionally, the joint effort put forth by peers and competitors alike on the MIC’s American V-Twin Aftermarket Committee is indicative of what working toward a common goal for the sake of an entire industry can accomplish.” Smith went on to say, “I would especially like to thank Pam Amette from the MIC and Tom Austin from Sierra Research in assisting the committee with making this possible. What started with a letter of guidance issued by the EPA on July 25th, 2006 has become a reality on January 11th, 2007 for S&S and its’ valued customers.”

S&S plans to have the V96E (EPA 49-State Certified) released for sale in February 2007. Finishes will include black powder-coat, polished, natural-cast and natural-billet.
References: CISD-06-15(MC) EPA Letter of Guidance, Dated July 25, 2006, “Certification Procedure for Highway Motorcycle Engines”
http://www.sscycle.com/
<<

Pa

Site Admin

Posts: 4776

Joined: Sun Mar 12, 2000 1:01 am

Location: Ohio USA

Post Thu Mar 01, 2007 5:17 pm

Great work Plumber !! That sure puts my mind at ease, at least until I get a bit paranoid again. :wink: Pa
<<

Curt!

Posts: 903

Joined: Sat Dec 30, 2000 1:01 am

Location: Hill City, Ks. USA

Post Thu Mar 01, 2007 6:52 pm

Boy, S&S sure knows how to spin a story. Now, there is one motor EPA certified in the S&S lineup. An Evo motor. Soon there will be one configuration of twin cam, and one version of the shovelhead. All of the X-Drive motors will be certified. Each EPA certified motor comes with it's own manual covering what can be done to the engine. Brett Smith said "It will be a very short manual" I've heard as few as 20 pages compared to 250 for a regular service manual. The dealer that puts these motors in the bike has to sign an agreement that he will not modify the motor in any way, or stray from the original specs when repairing the motor. The GVW must be under 900 pounds. The exhaust must carry XXX back pressure. Upon completion the dealer must take photos of the bike and submit them to S&S before a certificate of compliance will be issued. There are tons of rules governing how the bike must be built.
You can build any bike you want as long as it looks like we tell you it should look like.
The bright spot is that anyone can build a non-compliant bike. I doubt if I'd wear out another bike in my lifetime. Sure stinks for the guy that want to build 5 bikes a year to sell. Gonna put him outa business. Never mind the guy that wants to build 5 new bikes with WL motors in them.
Then again if states ignore the regs like they did in '79, this discussion is moot.
Curt!
<<

Plumber

Posts: 1536

Joined: Tue Aug 26, 2003 12:01 am

Location: S.Calif.

Post Thu Mar 01, 2007 7:42 pm

The bright spot is that anyone can build a non-compliant bike.

Sure stinks for the guy that want to build 5 bikes a year to sell. Gonna put him outa business. Never mind the guy that wants to build 5 new bikes with WL motors in them.
The same guy could have unlimitless people bring him the parts to build them their one kit. It might promote a monthly magazine in the future or IronWorks having a kit-build section. A kit-craze for awhile. There'd be alot of rolling kits that people would dessert because the going got too tough and expensive. We'll see. Fuel blends should improve. Any real aftermarket organization might get California to rescind. The representative (Montanaldo) that wrote the state-bill, didn't get re-elected.
Then again if states ignore the regs like they did in '79, this discussion is moot.
True.
------------------------------------------------------------------------------------
3/5/07
Kirk –

With regards to your specific question, currently there is a one-bike per lifetime exemption for non-EPA conforming emissions motorcycles. No other type of vehicle has this federal emissions exemption.

As you cited, different states also have different standards, some more strict than the federal standard, as is the case in California.

However, the federal exemption still stands and therefore, no legislation is needed at this time to protect the EPA exclusion.

Please see original EPA exemption language below and feel free to contact me should you have any further questions/concerns.

Best Regards,
Pete

Peter G. Nonis
AmericanMotorcyclistAssociation
rights. riding. racing.
101 Constitution Avenue, N.W.
Suite 800 West
Washington, DC 20001
202.742.4303
202.742.4304 (f)
pnonis@ama-cycle.org

G. Exemption for Motorcycle Kits and Custom Motorcycles

During the rulemaking we sought comment on the need for emission
control requirements for motorcycle engines distinct and separate from
the current and future requirements for complete motorcycles. We sought
comment in this area because we had identified a small sector in the
motorcycle market where the engine manufacturer and chassis
manufacturer are not the same entity. This includes two very small
parts of the market: one in which motorcycles are assembled by
individuals from parts and subassemblies procured from motorcycle kit
marketers or other separate sources; and another in which elaborate
custom motorcycles are created for display by collectors. At this time,
we are not including any certification requirements for engine
manufacturers. See discussion in Chapter 1.5 of the Summary and
Analysis of Comments. The small volume motorcycle manufacturers who
purchase the vast majority of engines from other entities for
incorporation into the motorcycles will continue to be subject to the
regulations, and will continue to meet the requirements of the
regulations, as they have in the past.
However, for those individuals who put together a single motorcycle
for individual use and businesses that produce a handful of custom
motorcycles for display, we believe it is appropriate not to require
these entities to have to certify their assembled vehicles. Therefore,
we are promulgating provisions for two special exemptions. The first is
a one-time exemption for any person building a motorcycle from a kit
for individual use. We believe that the small benefit of having single
individuals certify to the standards is outweighed by the substantial
burden to these individuals in certifying. Moreover, because the
engines in such kits generally are built by the same companies as those
engines going to the small volume motorcycle manufacturers, who still
must certify and who will represent the majority of the engine-makers'
production, we believe that most of the engines will be the same or
very similar to the engines used in the certified motorcycles.
Individuals may not use this provision as a regulatory loophole to
modify or customize a certified motorcycle in a manner which adversely
affects emissions. This provision is limited to one motorcycle per
individual over the life of the provision.
In the case where the owner of the kit motorcycle is not the
assembler of the motorcycle, the limitation of one motorcycle per
person applies to the purchaser of the kit components of the
motorcycle, who we expect is the end user of the motorcycle, rather
than to the person or persons who actually assemble the motorcycle. A
kit purchaser may have the kit assembled by another party and retain
the one-time exemption for the motorcycle. In order to qualify for the
exemption under these circumstances, the kit must be purchased by the
ultimate owner before assembly begins. Parties or businesses who
purchase kit motorcycles for assembly and retail sale are not covered
by this exemption.
The second exemption is a sales-limited exemption for elaborate
custom motorcycles that are created for display by collectors. The
chassis of these ``display'' motorcycles are usually unique designs,
while the engines are either purchased from independent engine
manufacturers or custom built from engine components. Current
regulations in 40 CFR 85.1707 contain provisions which provide an
exemption applicable for all motor vehicles and engines produced solely
for display purposes. While these regulations are generally appropriate
for display engines, certain aspects of the current custom-built
motorcycle market make it appropriate to add a new provision applicable
only to such motorcycles. In particular, because these motorcycles are
often sold to collectors, the current exemption, which does not apply
to engines that are sold, would not be applicable. Therefore, we are
adding a limited exemption for custom manufacturers to sell a small
number of these engines every year, with the conditions discussed
below. It is our understanding that these motorcycles are rarely
operated on public streets. Therefore, as a condition of this
exemption, these motorcycles would be allowed to operate on public
streets or highways only as necessary to the display purpose, such as
traveling to and from motorcycle shows. No request for the exemption is
necessary for motorcycles that will not be sold or leased. However,
manufacturers planning to sell motorcycles for display under this
exemption will be required to notify EPA of their intent before they
sell any exempted motorcycles. They must also maintain sales records of
exempted motorcycles for at least three years and make them available
to EPA upon request. Sales under this exemption would be limited to
less than 25 per year per manufacturer. Every motorcycle exempted under
this provision must include a label that identifies the manufacturer
and includes the following statement: THIS MOTORCYCLE IS EXEMPT FROM
EPA EMISSION REQUIREMENTS. ITS USE ON PUBLIC ROADS IS LIMITED PURSUANT
TO 40 CFR 86.407-78(c). We will generally allow manufacturers to locate
the label where it will not detract from the appearance of the
motorcycle. For example, We could allow the label to be located under
the seat.
As noted elsewhere, EPA may be revisiting several issues related to
motorcycle standards in the context of the 2006 technology review and
review of a possible World Motorcycle Test Cycle. One of the issues we
may be reviewing at that time is whether it is appropriate to regulate
motorcycle engine manufacturers or motorcycle kit manufacturers under
the motorcycle regulations. If we agree to regulate loose engine sales
at that time, these exemption provisions may no longer be necessary,
since both kit builders and custom manufacturers would be able to
purchase certified engines.
Therefore, we may propose to remove or
modify these provisions in the future.

these exemption provisions may no longer be necessary,
since both kit builders and custom manufacturers would be able to
purchase certified engines.
- Note: This statement means that one-kit-exempt-bikes would be part of any future WMTC standard. And again, the WMTC standard would be available to states that they could adopt, instead of creating their own standards. Kit bikes are legal in 49 states.
--------------------------------------------------------------------------------
3/6/07
I think you got it right Kirk, thanks so much. Pete

Peter G. Nonis
AmericanMotorcyclistAssociation
rights. riding. racing.
101 Constitution Avenue, N.W.
Suite 800 West
Washington, DC 20001
202.742.4303
202.742.4304 (f)
pnonis@ama-cycle.org

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