Approval Details

Valid E.O.

Validity

This Executive Order approved the specified parts on on January 20, 1994.
As of Friday, September 13th, 2024 this Executive Order has not been overturned or superceeded.

Approved Parts

Models
1993 and older model-year vehicles with gasoline or diesel powered engine

This Executive Order may be listed as:
  • C.A.R.B.E.O. D-352
  • Executive Order 352 / D352
  • ARB # D-352
  • Executive Order No: D-352
  • C.A.R.B. No. D-352
  • Resolution D-352
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-352 PDF

D-352 Document:


CARB_D-352

                                                       (Page 1 of 3)

                             _ State of California
                              AIR RESOURCES BOARD

                             EXECUTIVE ORDER D—352
                  Relating to Exemptions Under Section 27156
                             of the Vehicle Code

                  Advanced Power Systems International, Inc.
                             Fitch Fuel Catalyst

WHEREAS, Vehicle Code Section 27156 and Title 13 California Code of
Regulations (hereafter "CCR") Section 2222(e), authorizes the California Air
Resources Board (ARB) and its Executive Officer to exempt add—on and
modified parts from the prohibitions of Vehicle Code Section 27156.

WHEREAS, Advanced Power Systems International, Inc. has applied to the ARB
for exemption from the prohibitions of Vehicle Code Section 27156 for the
Fitch Fuel Catalyst.

WHEREAS, pursuant to the authority vested in the Executive Officer by Health
and Safety Code Section 39515 and in the Chief, Mobile Source Division by
Health and Safety Code Section 39516 and Executive Order G~45—5, the Air
Resources Board finds:

     1.   — The Fitch Fuel Cafalyst is an add—on device that is attached to
            the fuel line in a motor vehicle.

     2.    The fuel line is part of the required motor vehicle pollution
           control system.                                 5o0

     3.    The Fitch Fuel Catalyst is intended for use with a required
           pollution control system.

     4.    The Fitch Fuel Catalyst by being installéd on the fuel line alters
           the original design of a motor vehiqle pollution control system.

     5.    The Fitch Fuel Catalyst is a device subject to the prohibitions of
           Vehicle Code Section 27156 and an add—on part as defined by 13 CCR
           Section 1900(b)(1).

     6.    The Fitch Fuel Catalyst does not reduce the effectiveness of any
           required motor vehicle pollution control device.

     7.    The ARB, in the exercise of technical judgement, is aware of no
           basis on which the Fitch Fuel Catalyst will provide either a
           decrease in emission or an increase in fuel economy.

    8.     It has not been determined what effect use of the Fitch Fuel
          ‘Catalyst may have on any warranty, either expressed or implied, by
           the manufacturer of a motor vehicle on which the device is
           installed.                            '          ~


Advanced Power Systems International, Inc.          ORDER D—352
Fitch Fuel Catalyst                                (Page 2 of 3)


     9.     The Fitch Fuel Catalyst is not a certified motor vehicle pollution
            control device pursuant to Health and Safety Code Section 43644.

     10.    The ARB by granting an exemption to Advanced Power Systems
            International, Inc. for the Fitch Fuel Catalyst does not recommend
            or endorse in any way the Fitch Fuel Catalyst for emissions
            reduction, fuel economy, or any other purpose.

IT IS HEREBY RESOLVED that the Fitch Fuel Catalyst is exempt from the
prohibitions of Vehicle Code Section 27156 for installation on 1993 and
earlier model—year véhicles with gasoline or diesel engines subject to the
following conditions:

     1.     This exemption shall not apply to any device, apparatus, or
            mechanism advertised, offered for sale or sold with, or installed
            on, a motor vehicle prior to or concurrent with transfer to an
            ultimate purchaser.

           No changes are permitted to the device as described in the
           application for exemption. Any changes to the device, applicable
           model year, or other factors addressed in this order must be
           evaluated and approved by the ARB prior to marketing in
           California.

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

           Any oral or written references. to.this Executive Order or its
           content by the Advanced Power Systems International,    Inc.,   its
           — principals, agents, employees, distributors, dealers, or other
           representatives must include the disclaimer that the Executive
           Order or the exemption it provides is not an endorsement or
           approval of any fuel economy or emissions reduction claims for the
           Fitch Fuel Catalyst and is only a finding that the device is
           exempt from the prohibitions of Vehicle Code Section 27156.

           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.


Advanced Power Systems International, Inc.      EXECUTIVE ORDER D—352
Fitch Fuel Catalyst                              (Page 3 of 3)


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 after hearing
that grounds for revocation exist.

Executed at El Monte, California, this,   C>7c£\aay of January, 1994.




                                   Assistant Division Chief
                                   Mobile Source Division



Document Created: 2005-09-01 12:40:17
Document Modified: 2005-09-01 12:40:17

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