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]]
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(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.

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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.

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http://www.amazon.com/Mechanics-Owners- ... F8&s=books