Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Unless a public hearing is requested by the manufacturer, a recall plan shall
be submitted to the Chief, Emissions Certification and Compliance Division,
4001 Iowa Ave, Riverside, CA 92507, within the time limit specified in the
notification. The Executive Officer may grant the manufacturer an extension
upon good cause shown.
(b) The
recall plan shall contain the following:
(1) A
description of each class or category of vehicle, engine, or trailer to be
recalled, including the engine family, test group, vehicle family, trailer
family, or sub-group 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, corrections, adjustments or other changes to be made to bring the
vehicles, engines, or trailers into conformity including a brief summary of the
data and technical studies which support the manufacturer's decision regarding
the specific corrections to be made.
(3) A description of the method by which the
manufacturer will determine the names and addresses of vehicle, engine, or
trailer owners and the method by which they will be notified.
(4) A description of the procedure to be
followed by vehicle, engine, or trailer owners to obtain correction of the
nonconformity including the date on or after which the owner can have the
nonconformity remedied, the time reasonably necessary to perform the labor
required to correct the nonconformity, and the designation of facilities at
which the nonconformity can be remedied. The repair shall be completed within a
reasonable time designated by the Executive Officer from the date the owner
delivers the vehicle, engine, or trailer for repair. This requirement becomes
applicable on the date designated by the manufacturer as the date on or after
which the owner can have the nonconformity 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 and a statement indicating that the participating members of the
class will be properly equipped to perform such remedial action.
(6) The capture rate required for each class
or category of vehicle, engine, or trailer to be recalled. Under recalls based
on exceedance of emission standards, the capture rate shall be calculated using
the following formula:
| R= | (Ef --
Es) x 100% | |
|
|
| [DELTA] |
|
where: R = capture rate (see section
2112(a), above,
for definition).
[DELTA] = average reduction per vehicle or trailer
resulting from the recall repair (see subsection (b)(12)(B), below, for
determination).
Ef = average noncompliance emission level determined from
in-use enforcement testing and other sources.
Es = emission standard for a particular pollutant.
An 80 percent capture rate shall be required for recalls
based exclusively on noncompliance as defined in section
2112(h)(1),
above.
(7) The plan may
specify the maximum incentives (such as a tune-up or specified quantity of
gasoline), if any, the manufacturer will offer to induce vehicle, engine, or
trailer owners to present their vehicles or trailers for repair, as evidence
that the manufacturer has made a good faith effort to repair the percentage of
vehicles, engines, or trailers specified in the plan. The plan shall include a
schedule for implementing actions to be taken including identified increments
of progress towards implementation and deadlines for completing each such
increment.
(8) A copy of the letter
of notification to be sent to vehicle, engine, or trailer owners.
(9) 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.
(10) A copy of all
necessary instructions to be sent to those persons who are to perform the
repair under the recall plan.
(11)
A description of the impact of the proposed changes 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.
(12) A description of the impact of the
proposed changes on the average emissions of the vehicles, engines, or trailers
to be recalled based on noncompliance as defined in section
2112(h)(2),
above. The description shall contain the following:
(A) Average noncompliance emission
levels.
(B) Average emission
reduction or increase 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 by using laboratory engines, subject to approval by the Executive
Officer.
(C) An estimate of the
average emission level per pollutant for a class or category of vehicles,
engines, or trailers after repair as corrected by the required capture rate.
The estimated average emission level shall comply with the applicable emission
standards. If the average emissions levels achieved by applying the average
emission reduction per vehicle, engine, or trailer after repair and the
estimated capture rate, do not achieve compliance with the emissions standards,
a manufacturer shall propose other measures to achieve average emissions
compliance.
(13) Any
other information, reports, or data which the Executive Officer may reasonably
determine to be necessary to evaluate the recall plan.
1.
Renumbering and amendment of text previously incorporated by reference in
section 2113 to section 2125 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 subsections
(b)(6) and (b)(12) filed 8-30-91; operative 9-30-91 (Register 92, No.
14).
3. 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.
4.
Amendment of section and 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 HSC 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.
