1. (a) Unless otherwise specified by the Executive Officer, the manufacturer shall report on the progress of the recall campaign by submitting subsequent reports for six consecutive quarters commencing with the quarter after the recall campaign begins. Such reports shall be submitted no later than 25 days after the close of each calendar quarter to: Chief, Emissions Certification and Compliance Division, 4001 Iowa Ave, Riverside, CA 92507. For each class or category of vehicle or engine subject to the emission recall campaign, the quarterly report shall contain the following:

   1. (1) Engine family or test group and emission recall campaign number designated by the manufacturer.
   2. (2) Date owner notification was begun, and date completed.
   3. (3) Number of vehicles or engines involved in the recall campaign.
   4. (4) Number of vehicles or engines known or estimated to be affected by the nonconformity and an explanation of the means by which this number was determined.
   5. (5) Number of vehicles or engines inspected pursuant to the recall plan.
   6. (6) Number of inspected vehicles or engines found to be affected by the nonconformity.
   7. (7) Number of vehicles or engines receiving repair under the recall plan.
   8. (8) Number of vehicles or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify).
   9. (9) Number of vehicles or engines determined to be ineligible for recall action due to removed or altered components.
   10. (10) A listing of the identification numbers of vehicles or engines subject to recall but for whose repair the manufacturer has not been invoiced. This listing shall be supplied in a standardized computer data storage device to be specified by the Executive Officer. The frequency of this submittal may be changed by the Executive Officer depending on the needs of recall enforcement.
   11. (11) A copy of any service bulletins transmitted to dealers or other authorized repair facilities which relate to the nonconformity to be corrected and which have not previously been reported.
   12. (12) A copy of all communications transmitted to vehicle or engine owners which relate to the nonconformity and which have not previously been submitted.
2. (b) If the manufacturer determines that any of the information submitted to the Executive Officer pursuant to (a) above has changed or was incorrect, revised information and an explanatory note shall be submitted. Responses to subsections (a)(5), (6), (7), (8), and (9) above shall be cumulative totals.

3. (c) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, the names and addresses of vehicle or engine owners:

   1. (1) To whom notification was given;
   2. (2) Whose vehicles were repaired or inspected under the recall plan; and
   3. (3) Who were determined not to qualify for such recall action due to removed or altered components.
4. (d) The information gathered by the manufacturer to compile the reports required by these procedures shall be retained for not less than one year beyond the useful life of the vehicles or engines and shall be made available to authorized personnel of the Air Resources Board upon request.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow this section 2169.7.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 2169.7 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

Note: Authority cited: Sections 39500, 39600, 39601, 43000.5, 43013, 43018, 43204, 43205.5 and 43214, Health and Safety Code. Engine Mfrs Assn v. California Air Resources Board, (2014) 231 Cal. App.4th 1022. Reference: Sections 43000, 43100, 43101, 43102, 43106, 43107 and 43806, Health and Safety Code.

History

1. New section filed 12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

2. New first and second paragraphs and amendment of Note filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

3. New first and second paragraphs and amendment of Note refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.