Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The recall plan for both voluntary and
influenced recalls shall contain the following information unless otherwise
specified:
(1) A description of each class or
category of vehicle, engine, or trailer subject to recall including the number
of vehicles, engines, or trailers to be recalled, the engine family, test
group, vehicle family, trailer family, or a subgroup thereof, the model year,
the make, the model, and such other information as may be required to identify
the vehicles, engines, or trailers to be recalled.
(2) A description of the nonconformity and
the specific modifications, alterations, repairs, adjustments, or other changes
to be made to correct the vehicles, engines, or trailers.
(3) A description of the method by which the
manufacturer will determine the names and addresses of vehicle, engine, or
trailer owners and the manufacturer's method and schedule for notifying the
service facilities and vehicle, engine, or trailer owners of the
recall.
(4) A description of the
procedure to be followed by vehicle, engine, or trailer owners to obtain
correction of the nonconformity. This shall include the date on or after which
the owner can have the nonconformity remedied, the time reasonably necessary to
perform the labor to remedy the nonconformity, and the designation of
facilities at which the nonconformity can be remedied.
(5) If some or all of the nonconforming
vehicles, engines, or trailers are to be remedied by persons other than dealers
or authorized warranty agents of the manufacturer, a description of such class
of persons.
(6) A copy of the
letter of notification to be sent to vehicle, engine, or trailers
owners.
(7) A description of the
system by which the manufacturer will assure that an adequate supply of parts
will be available to perform the repair under the recall plan, including the
date by which an adequate supply of parts will be available to initiate the
repair campaign, and the method to be used to assure the supply remains both
adequate and responsive to owner demand.
(8) A copy of all necessary instructions to
be sent to those persons who are to perform the repair.
(9) A description of the impact of the
proposed repairs or adjustments on fuel economy, driveability, performance and
safety of each class or category of vehicles, engines, or trailers to be
recalled and a brief summary of the data, technical studies, or engineering
evaluations which support these descriptions.
(10) Under an influenced recall, an estimate
of the capture rate from the proposed recall derived from actual data and/or
manufacturer experience. A 60 percent capture rate shall be assigned for
recalls based exclusively on noncompliance as defined in section
2112(h)(1),
above.
(11) Under an influenced
recall based on noncompliance as defined in Section
2112(h)(2),
above, a description of the impact of the proposed changes on the average
emissions from the vehicles, engines, or trailers to be recalled. The
description shall contain the following:
(A)
Average noncompliance emission levels.
(B) Average emission reduction per pollutant
resulting from the recall repair. These averages shall be verified by the
manufacturer by applying the proposed recall repairs to two or more in-use
vehicles, engines, or trailers representing the average noncompliance emission
levels. Only those vehicles, engines, or trailers with baseline-emission levels
within 25 percent of the average emission levels of noncomplying pollutant(s)
established under the in-use enforcement test program may be used by
manufacturers to verify proposed recall repairs. The Executive Officer may
allow the use of vehicles, engines, or trailers exceeding these limits if none
which meet the limits can be reasonably procured. In the case of heavy-duty
engines, the average emission levels may be verified using laboratory engines,
subject to approval by the Executive Officer.
(C) An estimate of the average emission level
per pollutant for the class or category of vehicles, engines, or trailers after
repair as corrected by the estimated capture rate. The estimated average
emission level shall comply with the applicable emission standard. The
Executive Officer may waive the requirement for average emission compliance
with the standards provided the emission level per vehicle or trailer repaired
is reduced to its new-vehicle or trailer certification emission level at a
minimum capture rate of 60 percent.
1.
Renumbering and amendment of text previously incorporated by reference in
Section 2112 to Section 2114 filed
1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see
Registers 86, No. 38 and 83, No. 17.
2. Amendment of NOTE filed
1-26-95; operative 1-26-95 pursuant to Government Code section
11343.4(d)
(Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air
Act (42 U.S.C. §
7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S.
Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations
regarding new off-road vehicles and engines. Accordingly, the Air Resources
Board will not seek to enforce the off-highway recreational vehicle regulations
until such time as it receives authorization from the U.S. EPA.
3.
Amendment of subsections (a)(1), (a)(10) and (a)(11) filed 10-28-99; operative
11-27-99 (Register 99, No. 44).
4. Editorial correction restoring
inadvertently omitted subsection (a)(10) (Register 99, No. 45).
5.
Amendment of section NOTE filed 12-22-2021; operative 4-1-2022 (Register 2021,
No. 52). Transmission deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
38501,
38505,
38510,
38560,
39600,
39601,
43013,
43018
and
43105,
Health and Safety Code. Reference: Health and Safety Code Sections
38501,
38505,
38510,
38560,
43000,
43009.5,
43013,
43018,
43101,
43104,
43105,
43106,
43107
and
43204-
43205.5,
Health and Safety Code.
