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Yep, but those of us not in CA don't have to worry about that since there are no emissions control requirements on bikes in our states. At least not in mine, so I saved a few hundred by just drilling mine out and it runs great and cooler now.
Emissions standards are unfortunately a Federal thing. California just takes it a bit further That's why there are 49 state vehicles and 50 state types. The 50 state are good also in California. Drilling out your cat is just as much of a no-no as me replacing my cat header with a non-cat header. So far nobody is looking in either case.
Is the Cat only in the newer 09 and 10 models? I have an 08 and I saw Jamie's post about the new headers and it got me thinking...
California Models have had the Catalytic Converter in the mufflers for several years. The CARB (California Air Resources Board) had Harley change the location in 2009 from the mufflers to the headers because it was so easy for the owners to remove the Cat by just changing the mufflers.
I'm not sure when the Catalytic Converter was first placed in the mufflers.
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