Executive Order D-450-6
State of California
AIR RESOURCES BOARD
EXECUTIVE ORDER D-450-6
Relating to Exemptions Under Section 27156 of the California Vehicle Code
High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct
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 High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct, p/n 56502 and 56498, respectively, produced and marketed by Racing Beat, 4789 East Wesley Drive, Anaheim, California 92807, has been found not to reduce the effectiveness of the applicable vehicle pollution control systems and, therefore, is exempt from the prohibitions of Section 27156 of the Vehicle Code for the 1999 to 2005 model-year Mazda Miata, nonturbocharged.
The High Flow Air Intake Assembly includes the following main components: open-element reusable air filter, intake system tubing, crankcase ventilation hose (as applicable, which may be silicone, and a color other than black), assorted brackets, and hardware. The Carbon Fiber Cold Air Duct is a formed composite duct that directs air to the intake system open-element air filter, and is offered as an optional accessory to the High Flow Air Intake Assembly.
This Executive Order is valid provided that the installation instructions for the High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct will not recommend tuning the vehicle to specifications different from those of the vehicle manufacturer.
Changes made to the design or operating conditions of the High Flow, Air Intake Assembly and/or Carbon Fiber Cold Air Duct, as exempt by the Air Resources Board, which adversely affect the performance of the vehicle's pollution control system shall invalidate this Executive Order.
This Executive Order shall not apply to any High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct advertised, offered for sale, sold with, or installed on a new motor vehicle prior to or concurrent with transfer to an ultimate purchaser.
Marketing of the High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct using any identification other than that shown in this Executive Order or marketing of the High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct 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 High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct may have on any warranty either expressed or implied by the vehicle manufacturer.
This Executive Order is granted based on previous examination of the On-Board Diagnostic 11 (OBD-11) system of a 2001 model-year California-certified Mazda Miata (engine family 1TKXV01.8CJA, LEV, PC) in the modified configuration, and an engineering evaluation of the emissions impact of the devices if measured using the Cold-Start CVS-75 Federal Test Procedure.
If test results or other evidence provides the Air Resources Board with reason to suspect that the High Flow Air Intake Assembly and/or Carbon Fiber Cold Air Duct will affect the durability of emission control systems, Racing Beat shall be required to submit durability data to show that the durability of vehicle emission control systems are not, in fact, affected and/or that each add-on or modified part demonstrates adequate durability.
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 RACING BEAT'S HIGH FLOW AIR INTAKE ASSEMBLY AND CARBON FIBER COLD AIR DUCT.
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 20th day of April 2005.
Allen Lyons, Chief
Mobile Source Operations Division
RACING BEAT - HIGH FLOW AIR INTAKE ASSEMBLY AND CARBON FIBER COLD AIR DUCT - D-450-6