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  1. Member
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    #101
    Also if these epa standards are not passed by Congress they are not laws just recommendations.

  2. Member rds_nc's Avatar
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    #102
    Quote Originally Posted by yatesville88fan View Post
    Also if these epa standards are not passed by Congress they are not laws just recommendations.
    Federal agencies "make laws" by creating regulations, also known as rules, through a process called rulemaking, where they are authorized by Congress to implement specific aspects of a law by publishing proposed rules, soliciting public comment, and then finalizing the rule after considering feedback; this process is primarily governed by the Administrative Procedure Act (APA) and is considered "quasi-legislative" power delegated to agencies by Congress. [1, 2, 3, 4, 5, 6]

    Key points about how federal agencies make laws: [2, 3, 7]

    • Congressional authority: Congress is the only branch that can create laws, but they often delegate authority to agencies to create specific regulations needed to implement those laws. [2, 3, 7]
    • Notice and comment rulemaking: The primary method for agencies to create regulations is through a "notice and comment" process, where they publish a proposed rule in the Federal Register, allow public input, and then finalize the rule. [1, 2, 4]
    • Federal Register: This official publication is where proposed and final agency regulations are published. [1, 2, 4]
    • Administrative Procedure Act (APA): This law outlines the procedures that agencies must follow when creating regulations, including the notice and comment process. [2, 4, 8]


    Generative AI is experimental.

    [1] https://www.gao.gov/federal-rulemaking
    [2] https://law.duke.edu/lib/research-gu...nistrative-law
    [3] https://libguides.law.gsu.edu/c.php?g=253374&p=1689765
    [4] https://guides.loc.gov/administrative-law/rules
    [5] https://en.wikipedia.org/wiki/United...nistrative_law
    [6] https://guides.law.mercer.edu/federal
    [7] https://obamawhitehouse.archives.gov/1600/legislative-branch
    [8] https://www.epa.gov/laws-regulations...-procedure-act
    He/him
    Kayak fishing in a Native Slayer Max 12.5
    Lowrance Elite 9 ti2

  3. Endeavor to Persevere
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    #103
    In all reality, what do you stand to gain by flashing your motor? A few miles per hour? Get to "your" fishing spot 3.72589 seconds before the guy with the un flashed motor only to get pissed when he pulls in on you? Is it really worth potentially doing damage to your motor?

    Yes, it is their boat and motor, that is true and they can do with it as they see fit. But I wonder how many guys with flashed motors bitch cry and moan to the manufacture when their hot rod blows up?
    There's lots of decaffeinated brands that are just as tasty as the real thing.

    Hi Mike.

  4. Member novakevlar's Avatar
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    #104
    [/QUOTE]
    Quote Originally Posted by 188Musky View Post
    OK.

    If you modify your motor, it’s illegal, too.
    FIFY

    What's so hard to understand about the law and things that are illegal. General reading comprehension? I'm not judging those who modify their engines, but it's a fact that it probably is illegal. I'm not losing sleep over it.

    IMG_4763.jpeg

  5. Member novakevlar's Avatar
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    #105
    Quote Originally Posted by Rider99XX View Post
    In all reality, what do you stand to gain by flashing your motor? A few miles per hour? Get to "your" fishing spot 3.72589 seconds before the guy with the un flashed motor only to get pissed when he pulls in on you? Is it really worth potentially doing damage to your motor?

    Yes, it is their boat and motor, that is true and they can do with it as they see fit. But I wonder how many guys with flashed motors bitch cry and moan to the manufacture when their hot rod blows up?
    Besides gaining HP, you can gain fuel efficiency if the AFR the OEM runs is overly rich. I picked up about 10% in the midrange. Also some engines like the 4.2 grey Yamaha, a 250 is just a detuned 300, so by tuning it you're not exceeding the design by much more.

    You can also solve underpropping issues and even help cure oil making because the engine runs hotter.

  6. Endeavor to Persevere
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    #106
    Quote Originally Posted by novakevlar View Post
    Besides gaining HP, you can gain fuel efficiency if the AFR the OEM runs is overly rich. I picked up about 10% in the midrange. Also some engines like the 4.2 grey Yamaha, a 250 is just a detuned 300, so by tuning it you're not exceeding the design by much more.

    You can also solve underpropping issues and even help cure oil making because the engine runs hotter.
    There's lots of decaffeinated brands that are just as tasty as the real thing.

    Hi Mike.

  7. Member River-Bandit's Avatar
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    #107
    Quote Originally Posted by EuropeanAM View Post
    I'm certainly not a legal expert... but I'm also not willing to participate in the fines and penalties applicable to Manufacturers, Dealers, Owners, Operators, etc.

    I don't see how someone can manage to read 40CFR Part 1068 and then claim it's "legal to screw around with emissions-related devices and settings".

    See: https://www.ecfr.gov/current/title-4...er-U/part-1068
    Don, If the factory 300 meets emission standards and you put that tune into a 250 then would it be legal as far as emission standards ?? looks like it would to me ,,

  8. Member dwtaylor's Avatar
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    #108
    Quote Originally Posted by EuropeanAM View Post
    I'm certainly not a legal expert... but I'm also not willing to participate in the fines and penalties applicable to Manufacturers, Dealers, Owners, Operators, etc.

    I don't see how someone can manage to read 40CFR Part 1068 and then claim it's "legal to screw around with emissions-related devices and settings".

    See: https://www.ecfr.gov/current/title-4...er-U/part-1068
    Don, nice to see you in the lounge. Sorry, I don't have a serial number for this thread

    To me, its common sense that if you modify something inside the warranty period, said warranty is no longer valid. OEMs should have the discretion to determine if a tune voids warranty and that is that.

    I also propose a motion to start imposing a ban on anyone suggesting to flash/tune outboards on this website with an exception of the high performance engine threads. For every one person that suggests it, there are like 10 that poke fun of it and it can derail a thread quickly. BBC would be a better place without the constant barrage of the flash bro(s), IMO.

  9. Member
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    #109
    So funny how Karens complain about an outboard thats flashed but not all the cars/trucks on the road that are modified and way more dangerous.

    Boating accidents are rare and often times it's a single boat incident. Weird... and what about freedoms to add horsepower if you want to?

  10. young angler 188Musky's Avatar
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    #110
    Quote Originally Posted by novakevlar;13851516

    FIFY

    What's so hard to understand about the law and things that are illegal. General reading comprehension? I'm not judging those who modify their engines, but it's a fact that it probably is illegal. I'm not losing sleep over it.

    [ATTACH=CONFIG
    567465[/ATTACH]
    You didn’t fix anything.

    While we are talking about reading comprehension, the statement I responded to was this:

    Quote Originally Posted by EuropeanAM View Post
    I'm not aware of any outboard manufacturer that permits performance modification of production engines while under warranty. Quite simply: It's ILLEGAL.
    I made absolutely no mention of emissions, nor did Don in his original statement. What’s so hard to understand that modifying your motor to increase performance isn’t illegal?

  11. Member
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    #111
    Quote Originally Posted by dwtaylor View Post
    Don, nice to see you in the lounge. Sorry, I don't have a serial number for this thread

    To me, its common sense that if you modify something inside the warranty period, said warranty is no longer valid. OEMs should have the discretion to determine if a tune voids warranty and that is that.

    I also propose a motion to start imposing a ban on anyone suggesting to flash/tune outboards on this website with an exception of the high performance engine threads. For every one person that suggests it, there are like 10 that poke fun of it and it can derail a thread quickly. BBC would be a better place without the constant barrage of the flash bro(s), IMO.
    If you don’t like a post just don’t click on it. Pretty simple.

  12. Member
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    #112
    Quote Originally Posted by rds_nc View Post
    Federal agencies "make laws" by creating regulations, also known as rules, through a process called rulemaking, where they are authorized by Congress to implement specific aspects of a law by publishing proposed rules, soliciting public comment, and then finalizing the rule after considering feedback; this process is primarily governed by the Administrative Procedure Act (APA) and is considered "quasi-legislative" power delegated to agencies by Congress. [1, 2, 3, 4, 5, 6]

    Key points about how federal agencies make laws: [2, 3, 7]

    • Congressional authority: Congress is the only branch that can create laws, but they often delegate authority to agencies to create specific regulations needed to implement those laws. [2, 3, 7]
    • Notice and comment rulemaking: The primary method for agencies to create regulations is through a "notice and comment" process, where they publish a proposed rule in the Federal Register, allow public input, and then finalize the rule. [1, 2, 4]
    • Federal Register: This official publication is where proposed and final agency regulations are published. [1, 2, 4]
    • Administrative Procedure Act (APA): This law outlines the procedures that agencies must follow when creating regulations, including the notice and comment process. [2, 4, 8]


    Generative AI is experimental.

    [1] https://www.gao.gov/federal-rulemaking
    [2] https://law.duke.edu/lib/research-gu...nistrative-law
    [3] https://libguides.law.gsu.edu/c.php?g=253374&p=1689765
    [4] https://guides.loc.gov/administrative-law/rules
    [5] https://en.wikipedia.org/wiki/United...nistrative_law
    [6] https://guides.law.mercer.edu/federal
    [7] https://obamawhitehouse.archives.gov/1600/legislative-branch
    [8] https://www.epa.gov/laws-regulations...-procedure-act
    That delegation of authority has caused a lot of problems in our country too.

  13. Member novakevlar's Avatar
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    #113
    Quote Originally Posted by 188Musky View Post
    You didn’t fix anything.

    While we are talking about reading comprehension, the statement I responded to was this:



    I made absolutely no mention of emissions, nor did Don in his original statement. What’s so hard to understand that modifying your motor to increase performance isn’t illegal?
    What's so hard to understand that modifying your motor to increase performance actually may be illegal? Your statement is false.

    OK your turn.

  14. young angler 188Musky's Avatar
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    #114
    Quote Originally Posted by novakevlar View Post
    What's so hard to understand that modifying your motor to increase performance actually may be illegal? Your statement is false.

    OK your turn.
    Say I have a 225, which is the same engine as a 250, and perhaps a 300, save for the ECU and a couple other minor differences.

    You're saying it's illegal to put the same things on my 225 that the factory puts on the same engine to make a 250 or 300?

    .

  15. Member novakevlar's Avatar
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    #115
    Quote Originally Posted by 188Musky View Post
    Say I have a 225, which is the same engine as a 250, and perhaps a 300, save for the ECU and a couple other minor differences.

    You're saying it's illegal to put the same things on my 225 that the factory puts on the same engine to make a 250 or 300?

    .
    The rule says you can't tamper and cannot reprogram onboard computers, period. It doesn't say "you can reprogram as long as it's the same as it's bigger 300hp brother".

    Also consider these tunes may not just be putting back what was there. My 250 tune gets 332hp and raises the rev limit to 6500. The exhaust smells noticeably different. The fuel efficiency is better than a stock 300. I have no idea how the tune accomplishes this but it's not a stock 300.

    Could it be putting out LESS HC+NOx after the tune? Yeah but to the letter of the law it doesn't matter, if it's a certified engine then you can't legally tune it.

  16. Member
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    #116
    Tuning a motor whether it is an outboard or in a vehicle is not illegal. There wouldn't be thousands of tunes being sold for vehicles, boats, side by sides, Motorcycles, etc every day on an open market by reputable companies and distributors if that was the case. Putting a tune on your motor is not removing emissions equipment.
    2015 Triton 19TRX, 225 Optimax
    2006 Skeeter ZX190, 150 Yamaha SHO
    1989 Ranger 373V, Mercury 2.5L 200hp
    16' Tracker jon 25 hp Merc 2 cycle

  17. Team Catfish Original hatcreek's Avatar
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    #117
    And it's whispered that soon, if we all buy a tune
    Then the hall monitors will scold us all season
    And a new day will dawn, for those who run stock
    And the go-fasts will echo with laugher
    There's no apostrophe

  18. Member novakevlar's Avatar
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    #118
    Quote Originally Posted by PatriotAW4 View Post
    Tuning a motor whether it is an outboard or in a vehicle is not illegal. There wouldn't be thousands of tunes being sold for vehicles, boats, side by sides, Motorcycles, etc every day on an open market by reputable companies and distributors if that was the case. Putting a tune on your motor is not removing emissions equipment.
    Disagree. Read this article: https://www.roadandtrack.com/car-cul...omes-knocking/

  19. Member
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    #119
    Quote Originally Posted by dwtaylor View Post
    Don, nice to see you in the lounge. Sorry, I don't have a serial number for this thread

    To me, its common sense that if you modify something inside the warranty period, said warranty is no longer valid. OEMs should have the discretion to determine if a tune voids warranty and that is that.

    I also propose a motion to start imposing a ban on anyone suggesting to flash/tune outboards on this website with an exception of the high performance engine threads. For every one person that suggests it, there are like 10 that poke fun of it and it can derail a thread quickly. BBC would be a better place without the constant barrage of the flash bro(s), IMO.
    Anyone who proposes for people to be banned should themselves be banned. Lol
    96 Viper Coral202 225 Opti serial#1B011431

  20. Member
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    #120
    Quote Originally Posted by novakevlar View Post
    There was a whole lot more going on there than just tuning. You can disagree all you want but a simple search for a programmer for a commonly made vehicle will bring you up a dozen different ones, those aren't all illegal.
    2015 Triton 19TRX, 225 Optimax
    2006 Skeeter ZX190, 150 Yamaha SHO
    1989 Ranger 373V, Mercury 2.5L 200hp
    16' Tracker jon 25 hp Merc 2 cycle

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