Approval Details

Valid E.O.

Validity

This Executive Order approved the specified parts on on February 25, 2011.
As of Saturday, October 19th, 2019 this Executive Order has not been overturned or superceeded.

Approved Parts

Part NumberModelsModification
see pdfsee pdfsee pdf

This Executive Order may be listed as:
  • C.A.R.B.E.O. D-338-64
  • Executive Order 338-64 / D338-64
  • ARB # D-338-64
  • Executive Order No: D-338-64
  • C.A.R.B. No. D-338-64
  • Resolution D-338-64
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-338-64 PDF

D-338-64 Document:



                                     —_       State of California
                                   AIR RESOURCES BOARD




                                   EXECUTIVE ORDER D—338—84
                            Relating to Exemptions Under Section 27156
                                         of the Vehicle Code

                                 Hartey—Davidson Motor Company
                                    Street Performance Tuner


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

 Pursuant to the authorlty 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 Street Performance Tuner,
 marketed and manufactured by the Harley—Davidson Motor Company, 3700 W. Juneau Avenue,
 Milwaukee, Wisconsin 53208 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 2007 to 2011 model year Harley—Davidson motorcycles equipped with a
 1584cc, 1690cc, or 1800cc engine and a three—way catalysts with dual oxygen sensors, and all
 2007 to 2011 model year HarleyDavndson Sportster motorcycles.

 The Street Performance Tuner must be used with one of the following Harley—DaVIdson new
 motorcycle upgrade option packages:

 Upgrade Option         .                 O            Engine Displacement (cubic centimeters)
— Air Cleaner                                          1584, 1690, 1800, (Sportster 883 and 1200)

 Cylinder and Pistons                              |                O   1690
 Cylinder, Pistons, Camshatft                                            1690

 Cylinder, Pistons, Camshaft, Cylinder Heads                            . 1800

 The Harley—Davidson Street Performance Tuner is a hand held programmer designed to          .
 reprogram the FLASH memory chiplocated in the motorcycle‘s ECU module. The programmer
 is designed to download OEM calibration related to hardware upgrades. Emission—related data
 files cannot be modified by the end user.

 The final configuration of the Street Performance Tuner with upgrade options are the same as
 the new motorcycles certified under Executive Order A—005—0165, engine family
 BHDXCO1.2CEA, and A—005—0169, engine family BHDXCO1.80AED. The Street Performance
 Tuner is designed for single motorcycle applications, cannotbe installed on any other Harley
 Davidson motorcycle after initial use. User data files are based on the vehicle identification
 number located in the stock ECUmodule and end user cannot program ECU with calibration not
 intended for that motorcycle.


                                                   _2

  This Executive Order is granted based on Harley—Davidson‘s new motorcycle certification
  information and submitted emission test data with the Street Performance Tuner installed
  which showed compliance with emission standards.

__ This Executive Order is valid provided that the installation instructions for the Street
  Performance Tuner will not recommend tuning the motorcycleto specifications different from
  those of the Harley—Davidson Motor Company.

  Changes made to the design or operating conditions of the Street Performance Tuner, as
  exempt by the Air Resources Board, which adversely affect the performance of the motorcycle‘s
  pollution control system shall invalidate this Executive Order.

  Marketing of the Street Performance Tuner using any identification other than that shown in this
  Executive Order or marketing of the Street Performance Tuner for an application other than
  those listed in this Executive Order shall be prohibited unless prior approval is obtained from the
  Air Resources Board.

  This Executive Order does not constitute any opinion as to the effect the use of the Street
  Performance Tuner may have on any warranty either expressed or implied by the
  Harley—Davidson Motor Company.

. In addition to the foregoing, the Air Resources Board 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.

  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 STREET
  PERFORMANCE TUNER.

  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     0’25/4 day of February 2011.




                                         . Acrrenes
                                        Annette Hebert, Chief
                                           obile Source Operations Division


     HARLEY—DAVIDSON MOTOR COMPANY — STREET PERFORMANCE TUNER — D—338—64


                                           EVALUATION SUMMARY

     Manufacturer Name: Harley—Davidson Motor Company

     Néme of Device: Street Performance Tuner
                                                            1

     Background:
           The Harley—Davidson Motor Company, 3700 W. Juneau Avenue, Milwaukee, Wisconsin
     53208, has applied for an exemption from the prohibitions in Section 27156 of the California Vehicle
     Code (VC) for the Street Performance Tuner designed for 2007 to 2011 model year Harley—Davidson
     motorcycles equipped with a 1584cc, 1690cc, or 1800cc engine and a three—way catalysts with dual
     oxygen sensors, and all 2007 to 2011 model year Harley—Davidson Sportster motorcycles.

     Recommendation:                                              -    S                .
          Grant exemption to Harley—Davidson as requested, and issue Executive Order D—338—64.

     Device Description:                                                                            1
 .           The Harley—Davidson Street Performance Tuner is a hand held programmer designed to
     reprogram the FLASH memory chip located in the motorcycle‘s ECU module. The programmer is
     designed to download OEM calibration to match any OEM hardware upgrades ‘installed after the
     vehicle has been sold to its ultimate purchaser. The Street Performance Tuner is designed for
     single motorcycle applications, and cannot be installed on any other Harley Davidson motorcycle:
     after initial use. The end user can only access data files that are available for a specific vehicle
     identification number, as determined by the stock ECU module and the end user cannot program the
     ECU with calibrations not intended for that motorcycle. Emission—related data files cannot be
     modified by the end user. The final configuration of the Street Performance Tuner with upgrade
     options are the same as the new motorcycles certified under Executive Order A—005—0165, engine :
     family BHDXCO1.2CEA, and A—005—0169, engine family BHDXCO1.80AED.

     Discussion/Basis for the Recommendation:                                                               ,
            The Street Performance Tuner used in conjunction with Harley—Davidson‘s hardware upgrade
     packages would be equivalent to Harley—Davidson‘s new vehicle certified configurations and
     therefore, should be compliant with applicable motorcycle emission standards. However, staff
     expressed concern that end users may download data files to upgrade the calibration eyen though
     no hardware upgrade options have been installed. TheStreet Performance Tuner‘s design limits the
     available data files/calibration that the owner can download to his/her motorcycle. In addition, to
— address this concern, Harley—Davidson submitted emission test data generated on two 2010 model
  year Touring motorcycles with the worst case calibration installed but with no hardware modifications
  in order to simulate downloading of incorrect calibrations. Emissions testing. consisted of two —Cold—
  Start CVS—75 Federal Test Procedure (FTP) test cycles. Results from emissions testing conducted
     at Harley—Davidson‘s own emissions laboratory are shown below (in grams per kilometer).

         2010 1584cc Touring :                        ,       CVS—75 FTP
                                                          HC+NOx       CO
         Standards                                        0.50         12.0
         1800cc Calibration Average 2 Tests w/df          0.13           2.4


         2010 1800cc Touring                     ~          CVS—75 FTP _
                          '                          ~ HC+NOx        CO
         Standards                                     0.50          12.0 — .
         1584ce Calibration Average 2 Tests w/df — 0.31                  3.3


                                                 2.


The emission test results in the modified configuration were below the applicable certification
emission standards. Therefore, no adverse effect in emissions is expected even if customers
download incorrect calibrations to their motorcycles.

Harley—Davidson‘s Street Performance Tuner meets the criteria for exempting general criteria parts
for those motorcycles listed in the Executive Order.



Document Created: 2011-06-08 15:24:31
Document Modified: 2011-06-08 15:24:31

Previous E.O. D-338-63 | Previous E.O. D-337 | Next E.O. D-338-65 | Next E.O. D-339