SEMA News—August 2015

REQUIRED READING

SEMA Is on Your Side

Readers know that this is an industry of passion, so the media is quick to share the news and spread the word when legislation comes up that affects the industry. This is a good thing for readers, since legislation can change quickly, and staying up to date on the current status is important.

The following online and print outlets will keep you informed on the efforts of the association in terms of monitoring key legislative issues and other events such as the annual Collector Car Appreciation Day. If they are not already on your list of required readings, we recommend that you add them today.

SEMA News—August 2015

REQUIRED READING

SEMA Is on Your Side

Readers know that this is an industry of passion, so the media is quick to share the news and spread the word when legislation comes up that affects the industry. This is a good thing for readers, since legislation can change quickly, and staying up to date on the current status is important.

The following online and print outlets will keep you informed on the efforts of the association in terms of monitoring key legislative issues and other events such as the annual Collector Car Appreciation Day. If they are not already on your list of required readings, we recommend that you add them today.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

Ramping Up for Off-Roaders

SEMA has created a dedicated section on the SEMA Action Network site for information on off-road issues. Visit www.semasan.com/offroad.

SEMA has sought to protect motorized recreation on public lands for decades—with good reason. SEMA’s mission is to protect enthusiasts from unreasonable government actions that threaten their rides, whether on the highway or backcountry trails. It’s also harder to market off-road products when there are fewer places to enjoy them.

The threats are very real. In recent decades, thousands of miles of roads and trails across the nation have been closed due to restrictive land-use designations. That trend continues. In California alone, motorized access to the backcountry deserts has shrunk from 50% open use on public lands in 1976 to 12.5% in 2007. Only 2% of the California desert is currently open to off-highway
vehicles (OHVs).

Politicians and regulators are being lobbied from many different directions on how to manage federal public lands. Within that battle, SEMA advocates for both dedicated OHV areas and shared-use land access that recognizes the importance of motorized recreation to the economy and for families and individuals.

Now is an especially crucial time to protect motorized recreation. Most federal public land is managed by the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM). Each agency continues to review its travel-management policies, sometimes eliminating routes, trails and open areas that have existed for decades. In the U.S. Congress, legislation is pending that would add even more lands to the Wilderness System (no motorized access allowed), which currently encompasses more than 109 million acres (16% of the United States). President Obama is also threatening to create more National Monuments despite having designated 16 to date, which cover millions of acres.

In response, SEMA is expanding its commitment to OHV recreation, with a primary focus on the four-wheel segment. There have been many successes, but more can be done to coordinate efforts and communicate a stronger message. In fact, SEMA has created a dedicated section on the SEMA Action Network site for more information on off-road issues. Visit www.semasan.com/offroad.

Recent Successes

• Johnson Valley, California: Saved 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

• Hermosa Creek, Colorado: Congress designated 70,650 acres of federal land in the San Juan National Forest as the “Hermosa Creek Special Management Area,” guaranteeing continued motorized vehicle and snowmobile access.

• Cape Hatteras, North Carolina: Congress required the Department of the Interior to amend its 2012 Cape Hatteras National Seashore Recreation Area rule to allow OHV access to seasonal routes for longer periods, create more reasonably sized Endangered Species Act (ESA) protected areas, and construct new vehicle access points and roads.

	In Johnson Valley, California, SEMA helped to save 96,000 acres from expansion of a U.S. Marine Corp base. The land is a dedicated OHV area and home to the King of the Hammers event.

Current Pursuits

• ROV Standard: Challenge an unnecessary mandatory safety standard proposed by the Consumer Product Safety Commission for recreational off-highway vehicles (ROVs) in favor of an existing industry standard that allows for future design innovations and allows for a variety of ROV uses.

• Moab Utah Trail System: Defend against national monument designation and resulting closures.

• National Monuments: Support legislation in Congress to curtail the president’s power to unilaterally designate national monuments.

• Endangered Species Act: Support legislation in Congress to reform the 40-year-old ESA by requiring the federal government to release data used to make listings of threatened or endangered animals and plants, require that state data be included in the calculations when making such determinations, report how much money is spent on ESA-related lawsuits, and place reasonable caps on attorney fees.

• Bonneville Salt Flats: Pursue a comprehensive salt-replenishment program by the BLM, racing community and private landowners.

In the Spotlight: Utah Public Lands Initiative

SEMA is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the “Utah Public Lands Initiative,” which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). Under the initiative, these eight counties are in the process of putting forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation. U.S. Rep. Rob Bishop (R-UT), chairman of the House Natural Resources Committee, and Rep. Jason Chaffetz (R-UT) have led the effort to bring the various interests together and will introduce legislation in 2015 to finalize the agreements. In total, more than 20 million acres of land will be impacted by the initiative. President Obama does not intend to pursue a “Greater Canyonlands National Monument” while local, state and federal stakeholders seek to reach an accord.

Why Is This Bird Ruffling Our Feathers?

SEMA supports the efforts to establish and manage smaller sage grouse recovery zones in cooperation with private and public landowners.

Everyone wants the greater sage grouse to thrive. The sage grouse is a unique bird of the American West with an odd but captivating mating dance. It’s had a tough life in recent decades due to loss of habitat. Federal and state regulators and private landowners are now scrambling to help protect a bird that has a 165-million-acre range spanning 11 western states.

At issue is the Endangered Species Act and the clumsy mandates that emerge when a plant or animal is listed as threatened or endangered. The government frequently reacts by closing access to thousands of acres of land. In the process, more money is spent on lawyers and court battles than in intervening with active management to help the plant or animal survive.

The U.S. Fish and Wildlife Service is scheduled to decide by September whether or not to list the greater sage grouse. Federal, state and private stakeholders have been working for months and years to put enough protections in place to make that unnecessary. They are focused on three specific goals: reducing habitat fragmentation and lowering noise levels that frighten the bird, improving existing conditions, and reducing the threat of wildfires. Fires destroy sage bush, which is frequently replaced by invasive cheat grass and juniper trees, home to predators such as hawks and falcons.

SEMA supports the efforts to establish and manage smaller recovery zones in cooperation with private and public landowners. This could include restricting and rerouting OHV travel where habitat is being managed, without otherwise limiting motorized recreation and harming the region’s economy.

While we await a listing decision by the U.S. Fish and Wildlife Service, SEMA-supported legislation has been introduced in Congress that would provide more time, if necessary, to develop adequate government/private sector land-use protections.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

U.S. Government Regulation of Specialty Auto Parts

A Guide to Compliance

At the federal level, automobiles and auto parts are regulated by two agencies: the National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA). NHTSA oversees vehicle-safety issues.

SEMA members manufacture, distribute and retail parts and accessories for use on passenger cars, trucks, recreational and special-interest collector vehicles of all kinds. These products include performance, functional, restoration and styling-enhancement equipment of various designs and performance specifications. However, many of these parts are required to meet a variety of state and federal laws and regulations. Complying with these requirements is no easy task, but it can be made easier with a simple understanding of which parts are regulated, who regulates them and how manufacturers can innovate new products for automobiles within the bounds of the law. The following summarizes regulatory oversight basics.

Overview

At the federal level, automobiles and auto parts are regulated by two agencies: the National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA). NHTSA oversees vehicle-safety issues. The EPA regulates vehicle emissions. States and local jurisdictions are permitted to establish their own safety laws and regulations as long as they do not conflict with a federal standard. The California Air Resources Board (CARB) has the authority to establish tougher vehicle emissions standards, which other states may then adopt.

NHTSA

NHTSA issues Federal Motor Vehicle Safety Standards (FMVSS) that establish minimum safety performance requirements for new cars and parts. There are only a handful of equipment safety standards. They cover items such as tires, lighting, brake hoses and glazing. The other safety standards set performance requirements for the entire vehicle. They are divided into three broad categories: crash avoidance (e.g., tire-pressure monitoring systems and electronic stability control), crashworthiness (e.g., front-, side- and rear-impact standards) and post-crash (e.g., fuel spillage and flammability).

It’s important to note that FMVSS only establishes performance requirements, not design mandates. For example, headlights must comply with certain photometric specifications, such as requirements on the amount, color and intensity of light to be produced, but their designs are not restricted to a specific shape, such as round or square.

	The California Air Resources Board has the authority to establish tougher vehicle emissions standards, which other states may then adopt.

While most specialty auto parts are not directly covered by a safety standard, they are still subject to NHTSA oversight. First, equipment manufacturers, distributors and commercial installers cannot market or install a product that would knowingly take a vehicle out of compliance with a federal safety standard. This is called the “make inoperative” prohibition. For example, it would be illegal to market colored bulbs that, when installed, would not allow the required lamps to meet the color and performance requirements of the federal lighting standard. Second, a manufacturer must notify NHTSA when it has determined that an auto part has a safety-related defect. NHTSA will then work with the manufacturer on an appropriate remedy, such as customer notification and recall. NHTSA also has the authority to conduct its own safety investigations and may impose civil fines for failure to comply with its safety standards and other rules.

If covered by a safety standard, the manufacturer self-certifies that the equipment complies with the regulations. Certification is automatically presumed by NHTSA when the product is offered for sale. NHTSA is an agency within the Department of Transportation (DOT). NHTSA itself does not certify the products, although a few standards require that the DOT acronym be marked on the equipment as an affirmative declaration that the product meets the standard. A few safety standards require that other information also be marked on the equipment, such as manufacturer identification, date of manufacture and size or construction characteristics.

How does NHTSA regulate tires? NHTSA has established safety standards for all types of tires, from retreads to truck tires. FMVSS No. 139 covers all new radial tires for use on passenger cars, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 10,000 lbs. or less.

A manufacturer or installer must have a reasonable basis for concluding that a specialty auto part will meet a safety standard or not trigger the make-inoperative prohibition when installed. A reasonable basis could be formed through an engineering analysis, computer simulation and/or actual testing. Submission of documentation to NHTSA is not required, although all documentation should be kept by the manufacturer and installer for future reference.

Companies that manufacture or import any equipment covered by an FMVSS are required to register with NHTSA. The company is then placed in NHTSA’s manufacturer database, which is categorized by product type. There are separate registration requirements for manufacturers of tires, retreaded tires, brake hoses and glazing, since NHTSA also assigns manufacturer identification numbers to be used on these items.

Imported equipment is also subject to NHTSA standards and oversight. Foreign manufacturers, assemblers and importers are required to designate a permanent resident of the United States as the manufacturer’s agent for service of process, notices, orders and decisions. This rule applies to all types of imported equipment, regardless of whether it is covered by the FMVSS. This guarantees that someone in the United States is accountable if there is a problem with a vehicle or item of equipment.

State and Local Jurisdictions

States and local jurisdictions are free to enact equipment regulations that are identical to NHTSA standards or, in the absence of a federal rule, establish their own laws and regulations. Frequent examples of separate state or local standards are laws covering auxiliary lighting equipment such as fog lamps, sound levels for exhaust and stereo systems, bumper/frame-height restrictions and window-tinting transmittance parameters. It is the responsibility of the manufacturer to be aware of federal, state and local laws and regulations in order to meet all legal requirements.

EPA/CARB

	It’s important to note that the FMVSS establish only performance requirements, not design mandates. For example, headlights must comply with certain photometric specifications, such as requirements on the amount, color and intensity of light to be produced, but their designs are not restricted to a specific shape, such as round or square.

Emissions-related aftermarket parts are regulated by the EPA, CARB and various other state-level air-quality agencies. California established its own clean-air law before the federal Clean Air Act (CAA) was enacted into law and has the authority to put in place more stringent vehicle-emissions standards. Other states may adopt those stricter standards.

Parts and components affecting the emissions of a motor vehicle are subject to anti-tampering laws and require testing and certification to demonstrate that they do not unacceptably increase emissions. Air filters, camshafts, exhaust headers, fuel filters, intake/exhaust components, transmissions and turbochargers are examples of parts regulated by the EPA and CARB. It is illegal to knowingly manufacture, sell or install a part or component that would negatively affect emissions performance. It is also illegal to knowingly remove or render inoperative any device already installed for emissions compliance.

In 1974, the EPA issued Memorandum 1A to clarify enforcement of the CAA’s prohibitions. Simply put, aftermarket emissions-related equipment is self-certified by the manufacturer as being compliant with the CAA, and the manufacturer must have a “reasonable basis” to conclude that the equipment will not take the vehicle out of compliance. Although no test data is required to be submitted to the EPA, the agency has the right to investigate a company’s methods for forming a reasonable basis. Under Memorandum 1A, testing the product to the Federal Test Procedure (FTP), including useful-life durability testing, is deemed by the EPA to be a reasonable basis.

To receive an EO, a manufacturer must provide the California Air Resources Board with a description of the part to be sold or installed and the vehicles for which it is produced. SEMA’s “Black Book” walks through the basic steps for obtaining an EO and includes tips on how to simplify the process.

While the EPA relies upon self-certification, CARB requires the submission and approval of test data to prove that emissions-related aftermarket equipment sold into the state is compliant. Once reviewed and approved, CARB will assign an Executive Order (EO) number to the tested product, which the manufacturer should then mark on the product, its packaging and marketing materials. The EPA recognizes an EO from CARB as a reasonable basis for concluding that the part does not take a vehicle out of compliance under Memorandum 1A. Parts awarded an EO by CARB for legal sale and use in California are generally considered legal for sale and use in the other 49 states.

To receive an EO, a manufacturer must provide CARB with a description of the part to be sold or installed and the vehicles for which it is produced. If CARB requires testing, it will list the vehicle(s) on which the part must be tested by make, model, year and possible engine family. Vehicles are grouped into engine families or test groups for exhaust emissions and into evaporative families for evaporative emissions. Within each family, the vehicles share similar designs and are expected to have similar emission characteristics. An EO is issued to certify equipment for an engine family in combination with one or more evaporative families. The EO is valid for equipment produced during the specified model year. Equipment produced for future model-year vehicles require another EO. Thousands of emission-related products made by SEMA-member manufacturers have been granted EO numbers.

SEMA’s “Black Book” (www.sema.org/blackbook) walks through the basic steps for obtaining an EO and includes tips on how to simplify the process. Since the EO tests do not include EPA in-use durability tests, it is the preferred method for demonstrating compliance for both the EPA and CARB. Note that some companies use a “49-state legal” disclaimer for a product that does not have an EO. The EPA considers such a disclaimer to be invalid unless the product has satisfied the EPA’s FTP and durability testing requirements.

For additional information on this topic, with links to even more resources, visit to www.sema.org/federal-regulation-aftermarket-parts.

SEMA PAC President’s Club Spotlight: Dave Wrobleski   Dave Wrobleski is the vice president of operations at Jim Wrobleski & Co., which is headquartered in Michigan City, Indiana. He is an eight-year member of the SEMA PAC President’s Club and previously served on SEMA’s Board of Directors. “In the specialty-equipment side of the automotive aftermarket, there are several forces we have no control over,” Wrobleski said. “When it comes to government regulations at the state and federal level, we must be vigilant. Our voices need to be heard. In continuing to support our industry and livelihood, I feel that being a member of the President’s Club is an absolute must.” For more information on SEMA PAC, please contact SEMA PAC and Congressional Relations Manager Christian Robinson at 202-783-6007 x20 or christianr@sema.org.

SEMA News—August 2015

LEGISLATIVE AND TECHNICAL AFFAIRS
By Stuart Gosswein

U.S. Government Regulation of Specialty Auto Parts

A Guide to Compliance

At the federal level, automobiles and auto parts are regulated by two agencies: the National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA). NHTSA oversees vehicle-safety issues.

SEMA members manufacture, distribute and retail parts and accessories for use on passenger cars, trucks, recreational and special-interest collector vehicles of all kinds. These products include performance, functional, restoration and styling-enhancement equipment of various designs and performance specifications. However, many of these parts are required to meet a variety of state and federal laws and regulations. Complying with these requirements is no easy task, but it can be made easier with a simple understanding of which parts are regulated, who regulates them and how manufacturers can innovate new products for automobiles within the bounds of the law. The following summarizes regulatory oversight basics.

Overview

At the federal level, automobiles and auto parts are regulated by two agencies: the National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA). NHTSA oversees vehicle-safety issues. The EPA regulates vehicle emissions. States and local jurisdictions are permitted to establish their own safety laws and regulations as long as they do not conflict with a federal standard. The California Air Resources Board (CARB) has the authority to establish tougher vehicle emissions standards, which other states may then adopt.

NHTSA

NHTSA issues Federal Motor Vehicle Safety Standards (FMVSS) that establish minimum safety performance requirements for new cars and parts. There are only a handful of equipment safety standards. They cover items such as tires, lighting, brake hoses and glazing. The other safety standards set performance requirements for the entire vehicle. They are divided into three broad categories: crash avoidance (e.g., tire-pressure monitoring systems and electronic stability control), crashworthiness (e.g., front-, side- and rear-impact standards) and post-crash (e.g., fuel spillage and flammability).

It’s important to note that FMVSS only establishes performance requirements, not design mandates. For example, headlights must comply with certain photometric specifications, such as requirements on the amount, color and intensity of light to be produced, but their designs are not restricted to a specific shape, such as round or square.

	The California Air Resources Board has the authority to establish tougher vehicle emissions standards, which other states may then adopt.

While most specialty auto parts are not directly covered by a safety standard, they are still subject to NHTSA oversight. First, equipment manufacturers, distributors and commercial installers cannot market or install a product that would knowingly take a vehicle out of compliance with a federal safety standard. This is called the “make inoperative” prohibition. For example, it would be illegal to market colored bulbs that, when installed, would not allow the required lamps to meet the color and performance requirements of the federal lighting standard. Second, a manufacturer must notify NHTSA when it has determined that an auto part has a safety-related defect. NHTSA will then work with the manufacturer on an appropriate remedy, such as customer notification and recall. NHTSA also has the authority to conduct its own safety investigations and may impose civil fines for failure to comply with its safety standards and other rules.

If covered by a safety standard, the manufacturer self-certifies that the equipment complies with the regulations. Certification is automatically presumed by NHTSA when the product is offered for sale. NHTSA is an agency within the Department of Transportation (DOT). NHTSA itself does not certify the products, although a few standards require that the DOT acronym be marked on the equipment as an affirmative declaration that the product meets the standard. A few safety standards require that other information also be marked on the equipment, such as manufacturer identification, date of manufacture and size or construction characteristics.

How does NHTSA regulate tires? NHTSA has established safety standards for all types of tires, from retreads to truck tires. FMVSS No. 139 covers all new radial tires for use on passenger cars, trucks, buses and trailers with a gross vehicle weight rating (GVWR) of 10,000 lbs. or less.

A manufacturer or installer must have a reasonable basis for concluding that a specialty auto part will meet a safety standard or not trigger the make-inoperative prohibition when installed. A reasonable basis could be formed through an engineering analysis, computer simulation and/or actual testing. Submission of documentation to NHTSA is not required, although all documentation should be kept by the manufacturer and installer for future reference.

Companies that manufacture or import any equipment covered by an FMVSS are required to register with NHTSA. The company is then placed in NHTSA’s manufacturer database, which is categorized by product type. There are separate registration requirements for manufacturers of tires, retreaded tires, brake hoses and glazing, since NHTSA also assigns manufacturer identification numbers to be used on these items.

Imported equipment is also subject to NHTSA standards and oversight. Foreign manufacturers, assemblers and importers are required to designate a permanent resident of the United States as the manufacturer’s agent for service of process, notices, orders and decisions. This rule applies to all types of imported equipment, regardless of whether it is covered by the FMVSS. This guarantees that someone in the United States is accountable if there is a problem with a vehicle or item of equipment.

State and Local Jurisdictions

States and local jurisdictions are free to enact equipment regulations that are identical to NHTSA standards or, in the absence of a federal rule, establish their own laws and regulations. Frequent examples of separate state or local standards are laws covering auxiliary lighting equipment such as fog lamps, sound levels for exhaust and stereo systems, bumper/frame-height restrictions and window-tinting transmittance parameters. It is the responsibility of the manufacturer to be aware of federal, state and local laws and regulations in order to meet all legal requirements.

EPA/CARB

	It’s important to note that the FMVSS establish only performance requirements, not design mandates. For example, headlights must comply with certain photometric specifications, such as requirements on the amount, color and intensity of light to be produced, but their designs are not restricted to a specific shape, such as round or square.

Emissions-related aftermarket parts are regulated by the EPA, CARB and various other state-level air-quality agencies. California established its own clean-air law before the federal Clean Air Act (CAA) was enacted into law and has the authority to put in place more stringent vehicle-emissions standards. Other states may adopt those stricter standards.

Parts and components affecting the emissions of a motor vehicle are subject to anti-tampering laws and require testing and certification to demonstrate that they do not unacceptably increase emissions. Air filters, camshafts, exhaust headers, fuel filters, intake/exhaust components, transmissions and turbochargers are examples of parts regulated by the EPA and CARB. It is illegal to knowingly manufacture, sell or install a part or component that would negatively affect emissions performance. It is also illegal to knowingly remove or render inoperative any device already installed for emissions compliance.

In 1974, the EPA issued Memorandum 1A to clarify enforcement of the CAA’s prohibitions. Simply put, aftermarket emissions-related equipment is self-certified by the manufacturer as being compliant with the CAA, and the manufacturer must have a “reasonable basis” to conclude that the equipment will not take the vehicle out of compliance. Although no test data is required to be submitted to the EPA, the agency has the right to investigate a company’s methods for forming a reasonable basis. Under Memorandum 1A, testing the product to the Federal Test Procedure (FTP), including useful-life durability testing, is deemed by the EPA to be a reasonable basis.

To receive an EO, a manufacturer must provide the California Air Resources Board with a description of the part to be sold or installed and the vehicles for which it is produced. SEMA’s “Black Book” walks through the basic steps for obtaining an EO and includes tips on how to simplify the process.

While the EPA relies upon self-certification, CARB requires the submission and approval of test data to prove that emissions-related aftermarket equipment sold into the state is compliant. Once reviewed and approved, CARB will assign an Executive Order (EO) number to the tested product, which the manufacturer should then mark on the product, its packaging and marketing materials. The EPA recognizes an EO from CARB as a reasonable basis for concluding that the part does not take a vehicle out of compliance under Memorandum 1A. Parts awarded an EO by CARB for legal sale and use in California are generally considered legal for sale and use in the other 49 states.

To receive an EO, a manufacturer must provide CARB with a description of the part to be sold or installed and the vehicles for which it is produced. If CARB requires testing, it will list the vehicle(s) on which the part must be tested by make, model, year and possible engine family. Vehicles are grouped into engine families or test groups for exhaust emissions and into evaporative families for evaporative emissions. Within each family, the vehicles share similar designs and are expected to have similar emission characteristics. An EO is issued to certify equipment for an engine family in combination with one or more evaporative families. The EO is valid for equipment produced during the specified model year. Equipment produced for future model-year vehicles require another EO. Thousands of emission-related products made by SEMA-member manufacturers have been granted EO numbers.

SEMA’s “Black Book” (www.sema.org/blackbook) walks through the basic steps for obtaining an EO and includes tips on how to simplify the process. Since the EO tests do not include EPA in-use durability tests, it is the preferred method for demonstrating compliance for both the EPA and CARB. Note that some companies use a “49-state legal” disclaimer for a product that does not have an EO. The EPA considers such a disclaimer to be invalid unless the product has satisfied the EPA’s FTP and durability testing requirements.

For additional information on this topic, with links to even more resources, visit to www.sema.org/federal-regulation-aftermarket-parts.

SEMA PAC President’s Club Spotlight: Dave Wrobleski   Dave Wrobleski is the vice president of operations at Jim Wrobleski & Co., which is headquartered in Michigan City, Indiana. He is an eight-year member of the SEMA PAC President’s Club and previously served on SEMA’s Board of Directors. “In the specialty-equipment side of the automotive aftermarket, there are several forces we have no control over,” Wrobleski said. “When it comes to government regulations at the state and federal level, we must be vigilant. Our voices need to be heard. In continuing to support our industry and livelihood, I feel that being a member of the President’s Club is an absolute must.” For more information on SEMA PAC, please contact SEMA PAC and Congressional Relations Manager Christian Robinson at 202-783-6007 x20 or christianr@sema.org.