Approval Details

Valid E.O.

Validity

This Executive Order approved the specified parts on on September 12, 2005.
As of Monday, December 17th, 2018 this Executive Order has not been overturned or superceeded.

Approved Parts

Part NumberModels
31763-04, 31765-04, 31784-04, 312004 through 2006 model-year Harley-Davidson, 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-338-53
  • Executive Order 338-53 / D338-53
  • ARB # D-338-53
  • Executive Order No: D-338-53
  • C.A.R.B. No. D-338-53
  • Resolution D-338-53
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-338-53 PDF

D-338-53 Document:



                                      State of California
                                  AIR RESOURCES BOARD

                                EXECUTIVE ORDER D—338—53

                        Relating to Exemptions Under Section 27156
                                     of the Vehicle Code

                               Harley—Davidson Motor Company
                                 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 Executive 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 through
2006 model year Harley—Davidson motorcycles:

Part No.                            Engine Disp.                Model
31763—04                            1450 ce                     FXST
31765—04                            1450 co                     FLT
31784—04                            883 cc                      XL
31785—04                            1200 cc                     XL

This Executive Order is valid provided 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 invalidate 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 and information supplied by
the Hariey—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. Accordingly, 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.

THIS EXECUTIVE ORDER DOES NOT CONSTITUTE A CERTIFICATION,
ACCREDITATION, APPROVAL, OR ANY OTHER TYPE OF ENDORSEMENT BY THE AIR
RESOURCES BOARD OF ANY CLAIMS OF THE APPLICANT CONCERNING
ANTI—POLLUTION BENEFITS OR ANY ALLEGED BENEFITS OF HARLEY—DAVIDSON
MOTOR COMPANY‘S PERFORMANCE IGNITION MODULES.

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   ZZfl day of September 2005.



                                     Alle    ons, Chief
                                     Mobile Source Operations Division




 HARLEY—DAVIDSON MOTOR COMPANY—PERFORMANCE IGNITION MODULES—D—338—53



Document Created: 2006-03-17 09:32:06
Document Modified: 2006-03-17 09:32:06

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