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(3) The engine label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label.
(4) The engine label must contain the following information:
(A) The label heading must read: "Important Engine Informationor "IMPORTANT EMISSION INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
1. An engine manufacturer may request the Executive Officer's approval to delete its name and trademark, and substitute the name and trademark of another engine manufacturer, original equipment manufacturer, or third-party distributor.
2. Such an approval does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed on the applicable engines by this Article.
(C) For alternate-fuel or dual-fuel engines, "This engine is certified to operate on(specify operating fuel(s))."
(D) Identification of the Exhaust Emission Control System. The method utilized to identify the exhaust emission control systems must conform to the emission-related nomenclature and abbreviations method provided in the Society of Automotive Engineers' recommended practice J1930, "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms -Equivalent to ISO/TR 15031-2: April 30, 2002", April 2002; and as specified in Section 1977, Title 13, California Code of Regulations.
(E) For otto-cycle engines, the maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: valve lash, ignition timing, idle air/fuel mixture setting procedure and value (e.g., idle CO, idle speed drop), and high idle speed. For diesel-cycle engines, the specifications and adjustments recommended by the engine manufacturer, including, as applicable: initial injection timing, and fuel rate (in mm [FN3] /stroke) at rated power. These specifications must indicate the proper transmission position, (if applicable), during tune-up and what accessories, if any, should be in operation, and what systems, if any (e.g., vacuum advance, air pump), should be disconnected during the tune-up. If the engine manufacturer does not recommend adjustment of the foregoing specifications, the engine manufacturer may include in lieu of the "specifications" the single statement "No other adjustments needed." For all engines, the instructions for tune-up adjustments must be sufficiently clear on the engine label to preclude the need for a mechanic or equipment owner to refer to another document in order to correctly perform the adjustments.
(F) Any specific fuel or engine lubricant requirements (e.g., lead content, research octane number, engine lubricant type).
(G) The date of engine manufacture (month and year).
(H) An unconditional statement of compliance with the appropriate calendar year (for 1995-1999) or model year(s) (for 2000 and later) California regulations; for example, "This engine meets 2005 California EXH EMISSION regulations for SMALL OFF-ROAD engines." For engines certified to emission standards subject to a durability period as set forth in s2403(b), the durability period must be stated in the owner's manual.
(I) Engine displacement (in cubic centimeters) of the engine upon which the engine label is attached.
(J) The engine family identification (i.e., engine family name).
(5) If there is insufficient space on the engine to accommodate an engine label that contains all of the information required in Subsection (4) above, the Executive Officer may allow the engine manufacturer to modify the engine label as follows:
(A) Exclude the information required in Subsections (4)(C), (D), (E), (F), and (I) from the engine label. The fuel or lubricant information must be specified elsewhere on the engine, or in the owner's manual.
(B) Substitute the information required in Subsection (4)(E) with the statement: "Refer to owner's manual for maintenance specifications and adjustments." When such a statement is used, the information required by Subsection (4)(E) must appear in the owner's manual.
(C) Exclude the information required by Subsection (4)(G) on the engine label if the date the engine was manufactured is stamped permanently on the engine, and this stamped date is readily visible.
(D) Make such other reasonable modifications or abbreviations as may be approved by the Executive Officer.
(d) An engine label may state that the engine conforms to any applicable federal, Canadian, or European emission standards for new equipment engines; or any other information that the engine manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the engine.
(e) Supplemental Engine Label Content and Location.
(1) When a final equipment assembly that is marketed to any ultimate purchaser is manufactured and the engine label attached by the engine manufacturer is obscured (i.e., not readily visible), the manufacturer of the final equipment assembly (i.e., original equipment manufacturer) must attach a supplemental engine label upon the engine or equipment. The supplemental engine label must be plastic or metal, must meet the visibility, durability and formatting requirements of paragraphs (f), (g) and (h), and must be welded, riveted or otherwise attached permanently to an area of the engine or equipment assembly so as to be readily visible to the average person.
(2) The original equipment manufacturer required to attach a supplemental engine label must consider the possibility of accidental damage to the supplemental engine label in the determination of the label location. Such a label must not be attached to any engine or equipment component that is likely to be replaced during the useful life of the engine or equipment (as applicable). Such a label must not be attached to any engine or equipment component that is detached easily from the engine or equipment (as applicable).
(3) The supplemental engine label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label.
(4) A supplemental engine label must contain the information as specified in Subsection (c)(4) (and (l), as applicable), except that the date of engine manufacture specified in (c)(4)(G) may be deleted from the supplemental engine label. When the date of engine manufacture does not appear on the supplemental engine label, the responsible original equipment manufacturer must display (e.g., label, stamp, etc.) the date elsewhere on the engine or equipment so as to be readily visible.
(f) As used in these specifications, readily visible to the average person means that a label is readable from a distance of 46 centimeters (18 inches) without any obstructions from equipment or engine parts (including all engine manufacturer or original equipment manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, information required by these specifications to be printed on the engine and supplemental engine (as applicable) must be no smaller than 2 millimeters in height provided that no equipment or engine parts (including all manufacturer available optional equipment), except for flexible parts, obstruct the label(s).
(g) The labels and any adhesives used must be designed to withstand, for the engine's or equipment's useful life, typical equipment environmental conditions in the area where the labels required by this section are attached. Typical equipment environmental conditions include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels comply with these requirements.
(h) The engine manufacturer must obtain approval from the Executive Officer for all label formats and locations in conjunction with the engine family certification. Approval of the specific maintenance settings is not required; however, the format for all such settings and tolerances, if any, is subject to review. If the Executive Officer finds that the information on the label is vague or subject to misinterpretation, or that the location does not comply with these specifications, the Executive Officer may require that the label or its location be modified accordingly.
(i) Samples of all actual production labels used within an engine family must be submitted to the Executive Officer within thirty days after the start of production. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production original equipment manufacturer labels that are accessible to the engine manufacturers due to the direct market arrangement between such manufacturers.
(j) The Executive Officer may approve alternate label locations or may, upon request, waive or modify the label content requirements provided that the intent of these specifications is met.
(k)(1) If the Executive Officer finds any engine manufacturer using labels that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the engine manufacturer will be subject to revocation or suspension of Executive Orders for the applicable engine families, or enjoined from any further sales or distribution, of such noncompliant engine families, or subgroups within the engine families, in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer.
(2) If the Executive Officer finds any original equipment manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the equipment manufacturer will be subject to being enjoined from any further sales, or distribution, of the applicable equipment product line that uses such noncompliant labels in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.
(l) Air Index Label Content and Location. For engines certified to emission standards subject to a durability period as set forth in s2403(b) and for engines used to meet the requirements of s2403(c),each engine manufacturer must make Air Index and durability period information available to potential ultimate purchasers.
(1) The Air Index for each engine family is determined by the following formula:
Air Index = FEL x 3, Standard
rounded to the nearest whole number in accordance with ASTM E 29-93a (May 1993),
where
FEL= the Family Emission Limit (or standard, if averaging is not being used) for the engine; and
Standard = The HC+NO x emissions standard, as applicable in s 2403 (b).
(2) The emissions durability period must be indicated by the actual hours, by the descriptive terms shown in the table below, or by both.
For 2000 through 2004 model year small off-road engines:
Descriptive term Applicable to Emissions Durability Period
Moderate 50 hours (0-65 cc, inclusive)
125 hours (greater than 65 cc)
Intermediate 125 hours (0-65 cc, inclusive)
250 hours (greater than 65 cc)
Extended 300 hours (0-65 cc, inclusive)
500 hours (greater than 65 cc)
For 2005and subsequent model year
small off-road engines:
Descriptive term Applicable to Emissions Durability Period
Moderate 50 hours (0-80 cc, inclusive)
125 hours (greater than 80 cc)
Intermediate 125 hours (0-80 cc, inclusive)
250 hours (greater than 80 cc)
Extended 300 hours (0-80 cc, inclusive)
500 hours (greater than 80 cc)
1000 hours (225 cc and greater)

(3) The Air Index information must include a graphical representation of the Air Index, information regarding the significance of the Air Index, and an indication of the emissions durability period of the engine.
(A) The Air Index information should be conveyed in the general the form of the following example.
Note: The lower the Air Index, the less pollution.
This engine is certified to be emissions compliant for the following use:
Moderate [or appropriate hours, or both]
X Intermediate [or appropriate hours, or both]
Extended [or appropriate hours, or both]
Check the owner's manual for further details.
(B) The Executive Officer, upon request, may waive or modify the form of the Air Index information or may approve alternative forms, provided that the intent of providing Air Index information is met.
(4) No earlier than January 1, 2003, the Executive Officer will conduct a hearing to assess consumer awareness of Air Index information in purchasing decisions.
(A) At such hearing the Executive Officer will compare the degree of consumer awareness of Air Index information by purchasers of engines not meeting specifications (A)-(C) in subsection (l)(5) to the degree of consumer awareness of Air Index information by purchasers of engines substantially meeting specifications (A)-(C) of subsection (l)(5). If the Executive Officer determines that the degree of consumer awareness is statistically equivalent, the provisions of subsections (l)(1-3) shall remain in effect and the Executive Officer will not require engine manufacturers to meet the requirements of subsection (l)(5).
(B) If the Executive Officer determines that there are insufficient engines meeting specifications (A)-(C) in subsection (l)(5) to make the above comparison, the Executive Officer will compare the degree of consumer awareness of Air Index information by purchasers of engines not meeting specifications (A)-(C) in subsection (l)(5) to other similar consumer information programs including, but not limited to, the passenger car Smog Index labeling program. If the Executive Officer determines that the degree of consumer awareness is statistically equivalent to other similar consumer information programs, the provisions of subsections (l) (1-3) shall remain in effect and the Executive Officer will not require engine manufacturers to meet the requirements of subsection (l)(5).
(C) If the Executive Officer determines that the degree of consumer awareness is not statistically equivalent under (A) and (B), then no earlier than at the beginning of the first full model year following the Executive Officer's final determination, provided that manufacturers have no less than 9 months of lead time, the Executive Officer will require engine manufacturers to meet the requirements of subsection (l)(5).
(5) If the Executive Officer has made the determination in subsection (l)(4)(C), then the following requirements apply:
(A) All information required on the Air Index Label must be no smaller than 2 millimeters in height.
(B) The Air Index Label must be noticeable from a distance of 150 centimeters (59 inches) without any obstructions by equipment or engine parts, including all engine manufacturer or original equipment manufacturer (as applicable) available optional equipment. For engines that are installed in an engine compartment that is easily accessible to the ultimate purchaser, this subsection (l)(5)(B) may be satisfied by a generic label or hang tag stating "LOOK INSIDE THE ENGINE COMPARTMENT FOR IMPORTANT EMISSIONS INFORMATION," or by other means, subject to the Executive Officer's approval.
(C) The Air Index Label must be located in at least one of the following locations:
1. included on the engine label;
2. included as an additional engine label, designed and intended for removal only by the ultimate purchaser; or
3. included as an engine or equipment hang-tag designed or intended for removal only by the ultimate purchaser;
(D) For engines 0-65 cc (up to 80 cc beginning with the 2005 model year), inclusive, the engine manufacturer must also arrange for a label with the engine family's Air Index to be attached to the equipment packaging.
(E) The Executive Officer, upon request, may waive or modify the form of the Air Index Label or may approve alternative forms, sizes or locations, provided that the intent of the Air Index Label requirement is met.
(6) The labeling and consumer information provisions of subsection (l) shall not apply to engines that are not the primary power source of the equipment in which they are installed or to engines that are installed in equipment that the engine or equipment manufacturer can demonstrate, to the Executive Officer's reasonable satisfaction, are used almost exclusively in commercial applications in which consumer information are not likely to affect a purchasing decision.


Note: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2405. Defects Warranty Requirements for 1995 and Later Small Off-Road Engines.
(a) Applicability. This section applies to 1995 and later small off-road engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser.
(b) General Emissions Warranty Coverage. The manufacturer of each small off-road engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and
(2) Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects to the part as described in the engine manufacturer's application for certification for a period of two years.
(c) The warranty on emissions-related parts will be interpreted as follows:
(1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by Subsection (d) must be warranted for the warranty period defined in Subsection (b)(2). If any such part fails during the period of warranty coverage, it must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under the warranty must be warranted for the remaining warranty period.
(2) Any warranted part that is scheduled only for regular inspection in the written instructions required by Subsection (d) must be warranted for the warranty period defined in Subsection (b)(2). A statement in such written instructions to the effect of "repair or replace as necessary" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period.
(3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by Subsection (d) must be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the owner at a warranty station.
(5) Notwithstanding the provisions of Subsection (4) above, warranty services or repairs must be provided at all manufacturer distribution centers that are franchised to service the subject engines.
(6) The owner must not be charged for diagnostic labor that leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station.
(7) The engine manufacturer is liable for damages to other engine components proximately caused by a failure under warranty of any warranted part.
(8) Throughout the engine's warranty period defined in Subsection (b)(2), the engine manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts.
(9) Any replacement part may be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the engine manufacturer.
(10) Add-on or modified parts that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts will be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer will not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part.
(11) The Executive Officer may request and, in such case, the engine manufacturer must provide, any documents that describe that manufacturer's warranty procedures or policies.
(d) Each manufacturer must include a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine.
(1) Fuel Metering System
(A) Carburetor and internal parts (and/or pressure regulator or fuel injection system).
(B) Air/fuel ratio feedback and control system.
(C) Cold start enrichment system.
(2) Air Induction System
(A) Controlled hot air intake system.
(B) Intake manifold.
(C) Air filter.
(3) Ignition System
(A) Spark Plugs.
(B) Magneto or electronic ignition system.
(C) Spark advance/retard system.
(4) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable.
(B) EGR rate feedback and control system.
(5) Air injection System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of flow.
(C) Distribution manifold.
(6) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(7) Particulate Controls
(A) Traps, filters, precipitators, and any other device used to capture particulate emissions.
(8) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive valves and switches.
(B) Electronic controls.
(C) Hoses, belts, connectors, and assemblies.
(e) Each manufacturer must furnish with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions must be consistent with this article and applicable regulations contained herein.
(f) Each engine manufacturer must submit the documents required by Subsection (d) with the engine manufacturer's application for engine certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by Subsection (d) is a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsection (d) within 90 days of the date such documents are received from the engine manufacturer. Any disapproval must be accompanied by a statement of the reasons thereof. In the event of disapproval, the engine manufacturer may file for an adjudicative hearing pursuant to Title 17, California Code of Regulations, Section 60040 et seq., to review the decision of the Executive Officer.
(g) In the application for engine certification, each engine manufacturer must include a statement regarding the maintenance of the engine for clean air. The statement must include, but not be limited to, information on carburetor adjustment, air filter care and replacement schedule, spark plug maintenance and inspection, proper fuel/oil ratio for low emissions, use of appropriate fuel, proper fueling and fuel mixing, proper method of disposing of oil and oil containers, engine maintenance, and a maintenance schedule to ensure that the owner returns to a servicing center to check for deposits, debris build-up, etc.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2405.1. Emission-Related Defect Reporting Requirements.
(a) Applicability. This section applies to 2005 model year and later small off-road engines. The requirement to report emission-related defects affecting a given class or category of engines will remain applicable for five years from the end of the calendar year in which such engines were manufactured.
(b) A manufacturer must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations:
(1) The manufacturer determines, in accordance with procedures established by the manufacturer to identify either safety-related or performance defects, that a specific emission-related defect exists; and
(2) A specific emission-related defect exists in 25 or more engines of a given engine family manufactured in the same Executive Order or model year.
(c) No report must be filed under this section for any emission-related defect corrected prior to the sale of the affected engines to ultimate purchasers.
(d) The manufacturer must submit defect information reports to Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731, not more than 15 working days after an emission-related defect is found to affect 25 or more engines manufactured in the same Executive Order or model year. Information required by paragraph (e) of this section that is either not available within 15 working days or is significantly revised must be submitted the Executive Officer as it becomes available.
(e) Each defect report must contain the following information in substantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A description of the defect and part number(s).
(3) A description of each class or category of engines potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected.
(4) For each class or category of engine described in response to paragraph (e)(3) of this section, the following must also be provided:
(A) The number of engines known or estimated to have the defect and an explanation of the means by which this number was determined.
(B) The address of the plant(s) at which the potentially defective engines were produced.
(5) An evaluation of the emissions impact of the defect and a description of any operational problems which a defective engine might exhibit.
(6) Emission data which relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2405.2. Voluntary Emission Recall Program.
(a) When any manufacturer initiates a voluntary emissions recall campaign involving 25 or more engines, the manufacturer must submit a report describing the manufacturer's voluntary emissions recall plan as prescribed by this section within 15 working days prior to the date owner notification was issued. The report must contain the following:
(1) A description of each class or category of engines recalled including the number of engines to be recalled, the model year, the make, the model, and such other information as may be required to identify the engines recalled;
(2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the engines affected by the emission-related defect;
(3) A description of the method by which the manufacturer will notify engine owners and, if applicable, the method by which the manufacturer will determine the names and addresses of engine owners;
(4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the recall plan, an explanation of the manufacturer's reasons for imposing any such conditions, and a description of the proof to be required of an engine owner to demonstrate compliance with any such conditions;
(5) A description of the procedure to be followed by engine owners to obtain correction of the nonconformity. This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied;
(6) A description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the defect;
(7) When applicable, three copies of any letters of notification to be sent engine owners;
(8) A description of the system by which the manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan, and that the supply remains both adequate and responsive to owner demand;
(9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan;
(10) A description of the impact of the proposed changes on fuel consumption, performance, and safety of each class or category of engines to be recalled;
(11) A sample of any label to be applied to engines which participated in the voluntary recall campaign.
(b) The manufacturer must submit at least one report on the progress of the recall campaign. Such report must be submitted no later than 18 months from the date notification was begun and include the following information:
(1) The methods used to notify both engine owners, dealers and other individuals involved in the recall campaign;
(2) The number of engines known or estimated to be affected by the emission-related defect and an explanation of the means by which this number was determined;
(3) The number of engines actually receiving repair under the plan; and
(4) The number of engines determined to be ineligible for remedial action due to a failure to properly maintain or use such engines.
(c) Send the defect report, voluntary recall plan, and the voluntary recall progress report to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731.
(d) Retain the information gathered by the manufacturer to compile the reports for not less than five years from the date of the manufacture of the engines. The manufacturer must make this information available to duly authorized officials of the ARB upon request.
(e) The filing of any report under the provisions of this section does not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any provision of law.
(f) The act of filing an Emission Defect Information Report is inconclusive as to the existence of a defect subject to the warranty provided by section 2405.
(g) A manufacturer may include on each page of its Emission Defect Information Report a disclaimer stating that the filing of a Defect Information Report pursuant to these regulations is not conclusive as to the applicability of the warranty provided by section 2405.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2405.3. Ordered Recalls.
(a)(1) If the Executive Officer determines that a substantial number of any class or category of engines, although properly maintained and used, do not conform to the regulations prescribed under Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, when in actual use throughout their durability period (as defined under section 2403), the Executive Officer shall immediately notify the manufacturer of such nonconformity and require the manufacturer to submit a plan for remedying the nonconformity of the engines with respect to which such notification is given.
(A) The manufacturer's plan shall provide that the nonconformity of any such engines which are properly used and maintained will be remedied at the expense of the manufacturer.
(B) If the manufacturer disagrees with such determination of nonconformity and so advises the Executive Officer, the Executive Officer shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing pursuant to Article 1, Subchapter 1.25, Chapter 1, Division 3, Title 17, California Code of Regulations. Unless, as a result of such hearing, the Executive Officer withdraws such determination of nonconformity, the Executive Officer shall, within 60 days after the completion of such hearing, order the manufacturer to provide prompt notification of such nonconformity in accordance with paragraph (a)(2) of this section. The manufacturer shall comply in all respects with the requirements of this subpart.
(2) Any notification required to be given by the manufacturer under paragraph (a)(1) of this section with respect to any class or category of engines shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2405.1(d).
(3)(A) Prior to an ARB ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to regulations at section 2405.2. Such manufacturer is subject to the reporting and recordkeeping requirements of section 2405.2(c) and (d).
(B) Once ARB determines that a substantial number of engines fail to conform with the requirements of Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, the manufacturer will not have the option of a voluntary recall.
(b) The manufacturer bears all cost obligation a dealer incurs as a result of a requirement imposed by paragraph (a) of this section. The transfer of any such cost obligation from a manufacturer to a dealer through franchise or other agreement is prohibited.
(c) Any inspection of an engine for purposes of paragraph (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such engine voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2406. Emission Control System Warranty Statement.
(a) Each manufacturer must furnish a copy of the following statement with each new 1995 and later small off-road engine, using those portions of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND
OBLIGATIONS

The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the emission control system warranty on your (year(s)) (equipment type or small off-road) engine. In California, new small off-road engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the emission control system on your (equipment type or small off-road) engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your small off-road engine.
Your emission control system may include parts such as the carburetor or fuel-injection system, the ignition system, and catalytic converter. Also included may be hoses, belts, connectors and other emission-related assemblies.
Where a warrantable condition exists, (manufacturer's name) will repair your (equipment type or small off-road) engine at no cost to you including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
The 1995 and later small off-road engines are warranted for two years. If any emission-related part on your engine is defective, the part will be repaired or replaced by (manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
- As the (equipment type or small off-road) engine owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your (equipment type or small off-road) engine, but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance.
- As the (equipment type or small off-road) engine owner, you should however be aware that (manufacturer's name) may deny you warranty coverage if your (equipment type or small off-road) engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications.
- You are responsible for presenting your (equipment type or small off-road) engine to a (manufacturer's name) distribution center as soon as a problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days.
If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX.
(b) Commencing with the 1995 calendar year, each manufacturer must furnish with each new engine a warranty statement that generally describes the obligations and rights of the manufacturer and owner under this article. Manufacturers must also include in the warranty statement a phone number the consumer may use to obtain their nearest franchised service center.
(c) Each manufacturer must submit the documents required by Subsections (a) and (b) with the manufacturer's preliminary application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) will be a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval must be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.


s 2407. New Engine Compliance and Production Line Testing -New Small Off-Road Engine Selection, Evaluation, and Enforcement Action.
(a) Compliance Test Procedures.
(1) The Executive Officer may, with respect to any new engine family or subgroup being sold, offered for sale, or manufactured for sale in California, order an engine manufacturer to make available for compliance testing and/or inspection a reasonable number of engines, and may direct that the engines be delivered to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where specified by the Executive Officer. The Executive Officer may also, with respect to any new engine family or subgroup being sold, offered for sale, or manufactured for sale in California, have an engine manufacturer compliance test and/or inspect a reasonable number of engines at the engine manufacturer's facility under the supervision of an ARB Enforcement Officer. Engines must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines that would result in an unreasonable disruption of the engine manufacturer's distribution system.
A subgroup may be selected for compliance testing only if the Executive Officer has reason to believe that the emissions characteristics of that subgroup are substantially in excess of the emissions of the engine family as a whole.
(2) For all 1995 and subsequent small off-road engines selected for compliance testing, the selection and testing of engines and the evaluation of data must be made in accordance with the procedures set forth herein.
(3) These procedures are applicable, commencing with the 1995 calendar year, to any engine family or any subgroup within an engine family selected for compliance testing pursuant to this section.
(4) All testing must be conducted in accordance with the applicable calendar year (for 1995-1999) or model year (for 2000 and later) certification emission test procedures. Any adjustable engine parameters must be set to values or positions that are within the range available to the ultimate purchaser as determined by the ARB Enforcement Officer. For example, an engine carburetor with an adjustable idle fuel/air mixture must be compliance tested at any mixture position requested by the ARB Enforcement Officer that is within the range of adjustment available to the end-use operator. Engine service accumulation (i.e., break-in) before testing may be performed on test engines to the same extent it is performed on production line testing engines (See subsection (d)). No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on engines chosen for compliance testing without the written consent of the Executive Officer. Such consent must not be unreasonably withheld where such adjustment or alteration is required to render the engine testable and reasonably operative.
(5) If the engine manufacturer elects to specify a different break-in or adjustments, they will be performed by the engine manufacturer under the supervision of ARB personnel.
(6) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine is permitted only after test of the engine, except where 100 percent of the engine manufacturer's production is given that inspection or maintenance by the engine manufacturer's own personnel. The engine manufacturer may request that the engine be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine may be retested, and the original test results may be replaced by the after-repair test results.
(7) Engines must be randomly chosen from the selected engine family or subgroup. Each chosen engine must be tested according to the "California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines" ( "Emission Standards and Test Procedures"), adopted March 20, 1992, and last amended July 26, 2004, or "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines," adopted July 26, 2004, as applicable, to determine its emissions. Unique specialty hardware and personnel normally necessary to prepare the engine for the performance of the test as set forth in the Procedures must be supplied by the engine manufacturer within seven days after the request for such speciality hardware or personnel. Failure to supply this unique specialty hardware or personnel may not be used by the engine manufacturer as a cause for invalidation of the subsequent tests.
(8) Engines must be tested in groups of five until a "Pass" or "Fail" decision is reached for each pollutant independently for the engine family or subgroup in accordance with the following table:
Decide "Fail" Decide "Pass"
Number of If "U" is greater If "U" is less
Engines Tested than or equal to than or equal to
5 2.18 -0.13
10 2.11 0.51
15 2.18 0.88
20 2.29 1.16

where:
x i = the projected emissions of one pollutant for the ith engine tested.
m o = the applicable calendar year emission standard for that pollutant.
n = the number of engines tested.
(9) The Executive Officer will find that a group of engines has failed the compliance testing pursuant to the above table if the Executive Officer finds that the average emissions of the engines within the selected engine family or subgroup exceed the applicable calendar year new engine emission standard for at least one pollutant.
(10) If no decision can be reached after 20 engines have been tested, the Executive Officer will not make a "Fail" decision for the selected engine family or subgroup on the basis of these 20 tests alone. Under these circumstances the Executive Officer will elect to test 10 additional engines. If the average emissions from the 30 engines tested exceed any one of the exhaust emission standards for which a "Pass" decision has not been previously made, the Executive Officer will render a "Fail" decision.
(11) If the Executive Officer determines, in accordance with the procedures set forth in Subsection (a) that an engine family or any subgroup within an engine family, exceeds the emission standards for one or more pollutants, the Executive Officer will:
(A) Notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or enjoined from any further sales or distribution, of the noncompliant engines in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an engine manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the engine manufacturers and other interested parties, including the availability of emission reductions credits to remedy the failure.
(B) Notify the equipment manufacturer that the equipment manufacturer may be subject to being enjoined from any further sales, or distribution, of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the equipment manufacturer and other interested parties, including the availability of emissions reduction credits to remedy the failure.
(12) Engines selected for inspection must be checked to verify the presence of those emissions-related components specified in the engine manufacturer's application for certification, and for the accuracy of any adjustments, part numbers and labels specified in that application. If any engine selected for inspection fails to conform to any applicable law in Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new engines to determine "certification" as specified in Chapter 9, the Executive Officer will:
(A) Notify the engine manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the engine manufacturer from any further sales, or distribution, of the applicable noncompliant engine families or subgroups within the engine families in the State of California pursuant to Section 43017 of the Health and Safety Code. Before revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant engine families or subgroups within the State of California, or seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer and other interested parties, including the availability of emissions reductions credits to remedy the failure.
(B) Notify the equipment manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the equipment manufacturer from any further sales, or distribution, in the State of California of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Before revoking or suspending the ExecutiveOrder authorizing sales and distribution of the applicable noncompliant equipment, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer and other interested parties, including the availability of emissions reductions credits to remedy the failure. (continued)