Approval Details

Valid E.O.


This Executive Order approved the specified parts on on December 15, 2004.
As of Sunday, October 20th, 2019 this Executive Order has not been overturned or superceeded.

Approved Parts

Part NumberModels
31760-04, 31763-04, 31765-04, 312005 model-year Harley-Davidson, FXD, FXST, FLT, XL models with either a 1450, 1200, or 883 cc engine.

This Executive Order may be listed as:
  • C.A.R.B.E.O. D-338-50
  • Executive Order 338-50 / D338-50
  • ARB # D-338-50
  • Executive Order No: D-338-50
  • C.A.R.B. No. D-338-50
  • Resolution D-338-50
For Free CARB Executive Order Status verification, email an image of the device Executive Order label as well as the Year/Make/Model and Test Group # of the vehicle to [email protected]

Download: Executive Order D-338-50 PDF

D-338-50 Document:

                                        State of California _
                                    AIR RESOURCES BOARD
                                  EXECUTIVE ORDER D—338—50

                            Relating to Exemptions Under Section 27156
                                         of the Vehicle Code

                                  Harley—Davidson Motor Company
   7                                Performance Ignition Modules

Pursuant to the authority vested in the Air Resources Board by Section 27156 of the Vehicle
Code; and

Pursuant to the authority vested in the undersigned by Section 39515 and Section 39516 of the
Health and Safety Code and Executlve Order G—02—003;

IT IS ORDERED AND RESOLVED: That the installation of the Performance Ignition Modules
manufactured and marketed by the Harley—Davidson Motor Company, 3700 W. Juneau
Avenue, P.O. Box 653, Milwaukee, Wisconsin 53201 has been found not to reduce the
effectiveness of the applicable vehicle pollution control system and, therefore, is exempt from
the prohibitions of Section 27156 of the Vehicle Code for the following 2004 and 2005
model—year Harley—Davidson motorcycles:

Part No.                      ‘     Engine Disp.                Model   _
31760—04                            1450 co                     FXD
31763—04                            1450 cc                     FXST
31765—04                            1450 co                     FLT
31784—04                            883 cCc                     XL
31785—04                            1200 cc                     XL

This Executive Order is valid provided that the installation instructions for the Performance
Ignition Modules will not recommend tuning the vehicle to specifications different from those of
the vehicle manufacturer.

This Executive Order shall not apply to any Performance Ignition Modules advertised, offered
for sale, sold with, or installed on a motor vehicle prior to or concurrent with transfer to an
ultimate purchaser.

Changes made to the design or operating conditions of the Performance Ignition Modules, as
exempt by the Air Resources Board, which adversely affect the performance of the vehicle‘s
pollution control system shall mvahdate this Executive Order.

Marketing of the Performance Ignition Modules using any identification other than that shown in
this Executive Order or marketing of the Performance Ignition Modules for an application other
than those listed in this Executive Order shall be prohibited unless prior approval is obtained
from the Air Resources Board. Exemption of the Performance Ignition Modules shall not be
construed as exemption to sell, offer for sale, or advertise any component of the kit as an
individual device.

This Executive Order does not constitute any opinion as to the effect the use of the
Performance Ignition Modules may have on any warranty either expressed or implied by the
vehicle manufacturer.

                                               .   -2-

This exemption is issued based on an engineering evaluation ahd information supplied by the
Harley—Davidson Motor Company which demonstrates that the Performance Ignition Module
contains modifications made outside the parameters of the Cold Start CVS—75 Federal Test _
Procedure. However, the ARB finds that reasonable grounds exist to believe that use of the
Performance Ignition Modules may adversely affect emissions of motorcycles when operating
under conditions outside the parameters of the previously prescribed test procedures.
Acgordingly, the ARB reserves the right to conduct additional emission tests, in the future, as
such tests are developed, that will more adequately measure emissions from all cycle phases.
If such test results demonstrate that the Performance Ignition Module adversely affects
emissions during off—cycle conditions (defined as those conditions which are beyond the
parameters of the Cold—Start CVS—75 Federal Test Procedure), this Executive Order shall be
effectively rescinded as of the date the test results are validated. Further, if such test results or
other evidence provides the ARB with reason to suspect that the Performance Ignition Modules
will affect the durability of the emission control systems, the Harley—Davidson Motor Company
shall be required to submit durability data to show that the durability of the motorcycle emission
control system is not, in fact, affected and/or that the add—on or modified part demonstrates
adequate durability.


In addition to the foregoing, the ARB reserves the right in the future to review this Executive
Order and the exemption provided herein to assure that the exempted add—on or modified part
continues to meet the standards and procedures of Title 13, California Code of Regulations,
Section 2222, et seq.

No claim of any kind, such as "Approved by the Air Resources Board", may be made with
respect to the action taken herein in any advertising or other oral or written communication.

Violation of any of the above conditions shall be grounds for revocation of this order. The order
may be revoked only after a ten—day written notice of intention to revoke the order, in which
period the holder of the order may request in writing a hearing to contest the proposed
revocation. If a hearing is requested, it shall be held within ten days of receipt of the request
and the order may not be revoked until a determination is made after the hearing that grounds
for revocation exist.

Executed at El Monte, California, this [fi ' day of December 2004.

                                     Alle%yons, Chief
                                     Mobile Source Operations Division


Document Created: 2005-09-01 12:39:38
Document Modified: 2005-09-01 12:39:38

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