Approval Details

Valid E.O.


This Executive Order approved the specified parts on on March 22, 1995.
As of Sunday, October 13th, 2019 this Executive Order has not been overturned or superceeded.

Approved Parts

1995 and older model-year gasoline or diesel-fueled vehicles.The MARC-1 fluid conditioner is an add-on device attached to the fuel line in a motor vehicle. The MARC-1 fluid conditioner by being installed in the engine alters the original design of a motor vehicle pollution control system.

This Executive Order may be listed as:
  • C.A.R.B.E.O. D-376
  • Executive Order 376 / D376
  • ARB # D-376
  • Executive Order No: D-376
  • C.A.R.B. No. D-376
  • Resolution D-376
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-376 PDF

D-376 Document:

                                                   (Page 1 of 2)

                            State of California
                            AIR RESOURCES BOARD

                           EXECUTIVE ORDER D—376
                 Relating to Exemptions Under Section 27156
                            of the Vehicle Code

                            POSITIVE ATTRACTIONS
                             FLUID CONDITIONER
WHEREAS, Vehicle Code Section 27156 and Title 13 California Code of
Regulations (hereafter "CCR") Section 2222(e), authorize 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, Positive Attractions has applied to the ARB for exemption from the
prohibitions of Vehicle Code Section 27156 for the MARC—1 fluid conditioner
for 1995 and older model—year gasoline— or diesel—fueled vehicles.

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

     1.    The MARC—1 fluid conditioner is an add—on device attached to the
          fuel line in a motor vehicle.

     2.   ‘The MARC—1 fluid conditioner is intended for use with a requ1red
           motor vehicle poliution contro] system.

     3.   The MARC—1 fluid conditioner by being installed in the engine
          alters the original desxgn of a motor vehicle pollution control
          system    —                                            _

     4.   The MARC—1 f1u1d conditioner 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).
     5.   The MARC—1 fluid conditioner does not reduce the effectiveness of
   Toz    any required motor vehicle pollution control device.       .

     6.    The Air Resources Board, in the exercise of technical judgement,
          is aware of no basis on which the MARC—1 fluid conditioner will
          provide an increase in fuel economy.
     7.   It has not been determined what effect the use of the MARC—1 fluid
          conditioner may have on any warranty,either expressed or 1mp11ed,
          by :h$1mgnufacturer—of a motor vehicle on which the device is
     8.   The MARC—1 fiuid conditioner is not a certified motor vehicle
          pollution control device pursuant to the Health and Safety Code
          Section 43644.

     9.    The Air Resources Board by granting an exemption to Positive
          Attractions for their MARC—1 f1u1d conditioner does not recommend
          or endorse in any way the MARC—1 fiuid conditioner for emissions
          reduction, fuel economy, or any other purpose.

POSITIVE ATTRACTIONS                               EXECUTIVE ORDER D—376
                                                   (Page 2 of 2)

IT IS HEREBY RESOLVED that the Positive Attractions MARC—1 fluid conditioner
is exempt from the prohibitions of Vehiclie Code Section 27156 for
installation on 1995 and older model—year vehicles powered with gasoline or
diesel internal combustion 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.

     2.   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 a?proved by the Air Resources Board prior to
          marketing in California.
     3.   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 Air
          Resources Board. 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.

     4.   Any oral or written references to this Executive Order or its
          content by Positive Attractions, 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 Positive Attractions MARC—1
          fluid conditioner and is only a finding that the device is exempt
          from the prohibitions of Vehicle Code Section 27156.

     5.   No claim of an} 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 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 géZéE day

                                       Mobite Source Division

Document Created: 2005-09-01 12:39:55
Document Modified: 2005-09-01 12:39:55

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