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(A) The emission reductions from the recalled and repaired equipment or engines and the mitigation measures are equivalent to achieving the capture rate; and
(B) The emission reductions from the mitigation measures are real and verifiable; and
(C) The mitigation measures are implemented in a timely manner.
(c) Initiation and Notification of Ordered Emission-Related Recalls.
(1) A manufacturer shall be notified whenever the Executive Officer has determined, based on production-line test results or in-use test results, enforcement testing results, or any other information, that a substantial number of a class or category of equipment or engines produced by that manufacturer, although properly maintained and used, contain a failure in an emission-related component which, if uncorrected, may result in the equipments' or engines' failure to meet applicable standards over their useful lives; or whenever a class or category of equipment or engines within their useful lives, on average, do not conform to the emission standards prescribed pursuant to 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, as applicable to the model year of such equipment or engines.
(2) It shall be presumed for purposes of this section that an emission-related failure will result in the exceedance of emission standards unless the manufacturer presents evidence in accordance with the procedures set forth in subsections (A), (B), and (C) which demonstrates to the satisfaction of the Executive Officer that the failure will not result in exceedance of emission standards within the useful life of the equipment or engine.
(A) In order to overcome the presumption of noncompliance set forth in paragraph (c)(2) above, the average emissions of the equipment and engines with the failed emission-related component must comply with applicable emission standards. A manufacturer may demonstrate compliance with the emission standards by following the procedures set forth in either paragraphs (c)(2)(B) or (c)(2)(C) of this section.
(B) A manufacturer may test properly maintained in-use equipment with the failed emission-related component pursuant to the applicable certification emission tests specified in Section 2433, Title 13 of the California Code of Regulations. The emissions shall be projected to the end of the equipment's or engine's useful life using in-use deterioration factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following:
(i) "Assigned" in-use deterioration factors provided by the ARB on a manufacturer's conditions; request and based on ARB in-use testing; or,
(ii) deterioration factors generated during certification, provided adjustments are made to account for equipment aging, customer hour usage-accumulation practices, type of failed component, component failure mode, effect of the failure on other emission-control components, commercial fuel and lubricant quality, and any other factor which may affect the equipment's or engine's operating or,
(iii) subject to approval by the Executive Officer, a manufacturer-generated deterioration factor. Such deterioration factor must based on in-use data generated from certification emission tests performed on properly maintained and used equipment in accordance with the procedures set forth in Section 2433 of Title 13 of the California Code of Regulations, and the equipment from which it was derived must be representative of the in-use fleet with regard to emissions performance and equipped with similar emission control technology as equipment with the failed component.
(C) In lieu of the equipment or engine emission testing described in subsection (B) above and subject to approval by the Executive Officer, a manufacturer may perform an engineering analysis, laboratory testing or bench testing, when appropriate, to demonstrate the effect of the failure.
(3) The notification shall include a description of each class or category of equipment or engines encompassed by the determination of nonconformity, shall set forth the factual basis for the determination and shall designate a date at least 45 business days from the date of receipt of such notification by which the manufacturer shall submit a plan to remedy the nonconformity.
(4) Availability of Public Hearing.
(A) The manufacturer may request a public hearing pursuant to the procedures set forth in Subchapter 1.25, Division 3, Chapter 1, Title 17, California Code of Regulations to contest the finding of nonconformity and the necessity for or the scope of any ordered corrective action.
(B) If a manufacturer requests a public hearing pursuant to subsection (A) above, and if the Executive Officer's determination of nonconformity is confirmed at the hearing, the manufacturer shall submit the recall plan required by Section 2439 within 30 days after receipt of the Board's decision.
(5) Ordered Recall Plan.
(A) Unless a public hearing is requested by the manufacturer, a recall plan shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, within the time limit specified in the notification. The Executive Officer may grant the manufacturer an extension upon good cause shown.
(B) The recall plan shall contain the following:
(i) A description of each class or category of equipment or engine to be recalled, including the engine family or sub-group thereof, the model-year, the make, the model, and such other information as may be required to identify the equipment or engines to be recalled.
(ii) A description of the nonconformity and the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the equipment or engines into conformity including a brief summary of the data and technical studies which support the manufacturer's decision regarding the specific corrections to be made.
(iii) A description of the method by which the manufacturer will determine the names and addresses of equipment or engine owners and the method by which they will be notified.
(iv) A description of the procedure to be followed by equipment or engine owners to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied. The repair shall be completed within a reasonable time designated by the Executive Officer from the date the owner delivers the equipment or engine for repair. This requirement becomes applicable on the date designated by the manufacturer as the date on or after which the owner can have the nonconformity remedied.
(v) If some or all of the nonconforming equipment or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons and a statement indicating that the participating members of the class will be properly equipped to perform such remedial action.
(vi) The capture rate required for each class or category of equipment or engine to be recalled. Under recalls based on exceedance of emission standards, the capture rate shall be at a minimum 80 percent of the equipment or engine within the subject engine family.
(vii) The plan may specify the maximum incentives (such as a free tune-up or specified quantity of free fuel), if any, the manufacturer will offer to induce equipment or engine owners to present their equipment for repair, as evidence that the manufacturer has made a good faith effort to repair the percentage of equipment or engines specified in the plan. The plan shall include a schedule for implementing actions to be taken including identified increments of progress towards implementation and deadlines for completing each such increment.
(viii) A copy of the letter of notification to be sent to equipment or engine owners.
(ix) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the recall plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand.
(x) A copy of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan.
(xi) A description of the impact of the proposed changes on fuel economy, operation, performance and safety of each class or category of equipment or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these descriptions.
(xii) A description of the impact of the proposed changes on the average emissions of the equipment or engines to be recalled based on noncompliance described in subsection (c)(1), above. The description shall contain the following:
(1.) Average noncompliance emission levels.
(2.) Average emission reduction or increase per pollutant resulting from the recall repair. These averages shall be verified by the manufacturer by applying the proposed recall repairs to two or more in-use equipment or engines representing the average noncompliance emission levels. Only those equipment or engines with baseline emission levels within 25 percent of the average emission levels of noncomplying pollutant(s) established under the in-use enforcement test program may be used by manufacturers to verify proposed recall repairs. The Executive Officer may allow the use of equipment or engines exceeding these upper averaging noncompliance limits if none which meet the limits can be reasonably procured.
(3.) An estimate of the average emission level per pollutant for a class or category of equipment or engines after repair as corrected by the required capture rate. The estimated average emission level shall comply with the applicable emission standards. If the average emissions levels achieved by applying the average emission reduction per equipment or engine after repair and the estimated capture rate, do not achieve compliance with the emissions standards, a manufacturer shall propose other measures to achieve average emissions compliance.
(xiii) Any other information, reports, or data which the Executive Officer may reasonably determine to be necessary to evaluate the recall plan.
(6) Approval and Implementation of Recall Plan.
(A) If the Executive Officer finds that the recall plan is designed effectively to correct the nonconformity and complies with the provisions of this Section, he or she will so notify the manufacturer in writing. Upon receipt of the approval notice from the Executive Officer, the manufacturer shall commence implementation of the approved plan. Notification of equipment or engine owners and the implementation of recall repairs shall commence within 45 days of the receipt of notice unless the manufacturer can show good cause for the Executive Officer to extend the deadline.
(B) If the Executive Officer does not approve the recall plan or the mitigation measures provided in this Section as submitted, the Executive Officer shall order modification of the plan or mitigation measures with such changes and additions as he or she determines to be necessary. The Executive Officer shall notify the manufacturer in writing of the disapproval and the reasons for the disapproval.
(C) The manufacturer may contest the Executive Officer's disapproval by requesting a public hearing pursuant to the procedures set forth in Subchapter 1.25, Division 3, Chapter 1, Title 17, California Code of Regulations. As a result of the hearing, the Board may affirm, overturn or modify the Executive Officer's action. In its decision, affirming or modifying, the Board shall specify the date by which the manufacturer shall commence notifying equipment or engine owners and implementing the required recall repairs.
(D) If no public hearing is requested in accordance with (C) above, the manufacturer shall incorporate the changes and additions required by the Executive Officer and shall commence notifying equipment or engine owners and implementing the required recall repairs within 60 days of the manufacturer's receipt of the Executive Officer's disapproval.
(7) Notification of Owners.
(A) Notification to equipment or engine owners shall be made by first class mail or by such other means as approved by the Executive Officer provided, that for good cause, the Executive Officer may require the use of certified mail to ensure an effective notification.
(B) The manufacturer shall use all reasonable means necessary to locate equipment or engine owners provided, that for good cause, the Executive Officer may require the manufacturer to use motor equipment registration lists, as applicable, available from State or commercial sources to obtain the names and addresses of equipment or engine owners to ensure effective notification.
(C) The Executive Officer may require subsequent notification by the manufacturer to equipment or engine owners by first class mail or other reasonable means provided, that for good cause, the Executive Officer may require the use of certified mail to ensure effective notification.
(D) The notification of equipment or engine owners shall contain the following:
(i) The statement: "The California Air Resources Board has determined that your (equipment or engine) (is or may be) releasing air pollutants which exceed (California or California and Federal) standards. These standards were established to protect your health and welfare from the dangers of air pollution."
(ii) A statement that the nonconformity of any such equipment or engines will be remedied at the expense of the manufacturer.
(iii) A statement that eligibility may not be denied solely on the basis that the equipment or engine owner used parts not manufactured by the original equipment manufacturer, or had repairs performed by outlets other than the equipment or engine manufacturer's franchised dealers.
(iv) A clear description of the components which will be affected by the recall action and a general statement of the measures to be taken to correct the nonconformity.
(v) [Reserved]
(vi) A description of the adverse effects, if any, that an uncorrected nonconformity would have on the performance, fuel economy, or driveability of the equipment or engine or to the function of other engine components.
(vii) A description of the procedure which the equipment or engine owner should follow to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to correct the nonconformity, and a designation of the facilities located in California at which the nonconformity can be remedied.
(viii) After the effective date of the recall enforcement program referred to above, a statement that a certificate showing that the equipment has been repaired under the recall program shall be issued by the service facilities and that such a certificate may be required as a condition of equipment registration or operation, as applicable.
(ix) A card to be used by a equipment or engine owner in the event the equipment or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the equipment or engine was sold.
(x) The statement: "In order to ensure your full protection under the emission warranty made applicable to your (equipment or engine) by State or Federal law, and your right to participate in future recalls, it is recommended that you have your (equipment or engine) serviced as soon as possible. Failure to do so could be determined to be a lack of proper maintenance of your (equipment or engine)".
(xi) A telephone number provided by the manufacturer, which may be used to report difficulty in obtaining recall repairs.
(xii) The manufacturer shall not condition eligibility for repair on the proper maintenance or use of the equipment except for strong or compelling reasons and with approval of the Executive Officer; however, the manufacturer shall not be obligated to repair a component which has been removed or altered so that the recall action cannot be performed without additional cost.
(xiii) No notice sent pursuant to Section (D), nor any other communication sent to equipment or engine owners or dealers shall contain any statement, express or implied, that the nonconformity does not exist or will not degrade air quality.
(xiv) The manufacturer shall be informed of any other requirements pertaining to the notification under this section which the Executive Officer has determined are reasonable and necessary to ensure the effectiveness of the recall campaign.
(8) Repair Label.
(A) The manufacturer shall require those who perform the repair under the recall plan to affix a label to each equipment or engine repaired or, when required, inspected under the recall plan.
(B) The label shall be placed in a location as approved by the Executive Officer and shall be fabricated of a material suitable for such location and which is not readily removable.
(C) The label shall contain the recall campaign number and a code designating the facility at which the repair, inspection for repair, was performed.
(9) Proof of Correction Certificate. The manufacturer shall require those who perform the recall repair to provide the owner of each equipment or engine repaired with a certificate, through a protocol and in a format prescribed by the Executive Officer, which indicates that the noncomplying equipment or engine has been corrected under the recall program. This requirement shall become effective and applicable upon the effective date of the recall enforcement program referred to in this section, above.
(10) Capture Rates and Alternative Measures.
The manufacturer shall comply with the capture rate specified in the recall plan as determined pursuant to this Section, above, by the end of the fifth quarter, as defined in Section 2112(j), Chapter 2, Title 13 of the California Code of Regulations, following the quarter in which the notification of equipment or engine owners was initiated. If, after good faith efforts, the manufacturer cannot correct the percentage of equipment specified in the plan by the applicable deadlines and cannot take other measures to bring the engine family into compliance with the standards, the manufacturer shall propose mitigation measures to offset the emissions of the unrepaired equipment within 45 days from the last report filed pursuant to Section 2439(c)(13), below. The Executive Officer shall approve such measures provided that:
(A) The emission reductions from the recalled and repaired equipment or engines and the mitigation measures are equivalent to achieving the capture rate; and
(B) The emission reductions from the mitigation measures are real and verifiable; and
(C) The mitigation measures are implemented in a timely manner.
(11) Preliminary Tests. The Executive Officer may require the manufacturer to conduct tests on components and equipment or engines incorporating a proposed correction, repair, or modification reasonably designed and necessary to demonstrate the effectiveness of the correction, repair, or modification.
(12) Communication with Repair Personnel. The manufacturer shall provide to the Executive Officer a copy of all communications which relate to the recall plan directed to dealers and other persons who are to perform the repair. Such copies shall be mailed to the Executive Officer contemporaneously with their transmission to dealers and other persons who are to perform the repair under the recall plan.
(13) Recordkeeping and Reporting Requirements.
(A) The manufacturer shall maintain sufficient records to enable the Executive Officer to conduct an analysis of the adequacy of the recall campaign. For each class or category of equipment or engine, the records shall include, but need not be limited to, the following:
(i) Engine family involved and recall campaign number as designated by the manufacturer.
(ii) Date owner notification was begun, and date completed.
(iii) Number of equipment or engines involved in the recall campaign.
(iv) Number of equipment or engines known or estimated to be affected by the nonconformity.
(v) Number of equipment or engines inspected pursuant to the recall plan and found to be affected by the nonconformity.
(vi) Number of inspected equipment or engines.
(vii) Number of equipment or engines receiving repair under the recall plan.
(viii) Number of equipment or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify).
(ix) Number of equipment or engines determined to be ineligible for recall action due to removed or altered components.
(x) A listing of the identification numbers of equipment 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, as specified in subsection (C) below, may be changed by the Executive Officer depending on the needs of recall enforcement.
(xi) Any service bulletins transmitted to dealers which relate to the nonconformity and which have not previously been submitted.
(xii) All communications transmitted to equipment or engine owners which relate to the nonconformity and which have not previously been submitted.
(B) If the manufacturer determines that the original responses to subsections (A)(iii) and (iv) of these procedures are incorrect, revised figures and an explanatory note shall be submitted. Responses to subsections (A)(v), (vi), (vii), (viii), and (ix) shall be cumulative totals.
(C) Unless otherwise directed by the Executive Officer, the information specified in subsection (A) of these procedures shall be included in six quarterly reports or two annual reports, beginning with the quarter in which the notification of owners was initiated, or until all nonconforming equipment or engines involved in the campaign have been remedied, whichever occurs sooner. Such reports shall be submitted no later than 25 days after the close of each calendar quarter.
(D) 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, lists of the names and addresses of equipment or engine owners:
(i) To whom notification was given;
(ii) Who received remedial repair or inspection under the recall plan; and
(iii) Who were denied eligibility for repair due to removed or altered components.
(E) The records and reports required by these procedures shall be retained for not less than one year beyond the useful life of the equipment or engines involved, or one year beyond the reporting time frame specified in subsection (C) above, whichever is later.
(14) Penalties.
Failure by a manufacturer to carry out all recall actions ordered by the Executive Officer pursuant to Sections 2439(c) of these procedures is a violation of Health and Safety Code Section 43013 and 43105 and shall subject the manufacturer, on a per engine basis, to any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq.
(d) Extension of Time. The Executive Officer may extend any deadline in the plan if he or she finds in writing that a manufacturer has shown good cause for such extension.
(e) The Executive Officer may waive any or all of the requirements of these procedures if he or she determines that the requirement constitutes an unwarranted burden on the manufacturer without a corresponding emission reduction.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43106, 43107, 43150-43154, 43205-43205.5 and 43210-43212, Health and Safety Code.


s 2440. Applicability.
(a)(1) This article applies to model year 2001 and later spark-ignition marine engines, unless otherwise indicated.
(2) Every new spark-ignition marine engine that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into commerce, and which is subject to any of the standards prescribed in this article must be covered by an Executive Order, issued pursuant to this article.
(3) Spark-ignition inboard and sterndrive marine engines produced by the engine manufacturer to be used solely for competition are exempt from the requirements of this article, except section 2443.1, provided that the marine watercraft in which the engine is installed is designed, built, and used solely for competition. Marine watercraft not registered with a nationally-recognized organization that sanctions professional competitive events or used for amateur or occasional competition do not meet the competition exemption criteria.
(b) Each part of this article is severable, and in the event that any part of this chapter is held to be invalid, the remainder of this article remains in full force and effect.
(c)(1) For purposes of this article, military tactical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
(2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the federal national security exemption, 40 CFR, subpart J, section 90.908, which is incorporated by reference herein. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a federal certificate of conformity has been issued under 40 CFR Part 91, subpart B, which is incorporated by reference herein.
(3) The U.S. Department of Defense shall submit to the ARB a list of all vehicles and equipment that are exempted under the above provisions and which are located in the State of California. If any additional vehicle and equipment types are added to the list during any calendar year, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2441. Definitions.
(a) Definitions in section 1900(b), Division 3, Chapter 9, Title 13 of the California Code of Regulations, apply with the following additions:
(1) "Abuse" means incorrect or improper operation of an engine or equipment unit that results in the failure of an emission-related part.
(2) "Acceptable quality level" (AQL) means the maximum percentage of failing engines that can be considered a satisfactory process average for sampling inspections.
(3) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer or by the Executive Officer's designee.
(4) "Base Fuel Schedule" refers to the fuel calibration schedule programmed into the Engine Control Module or PROM when manufactured or when updated by some off-board source, prior to any learned on-board correction.
(5) "Capture rate" means the percentage of in-use engines subject to recall which must be corrected to bring the class of engines into compliance. The number of engines subject to recall shall be based on the actual number of engines in use as verified by engine registration records compiled and prepared by industry, or a comparable source as determined by the Executive Officer at the time a recall is initiated.
(6) "Carryover engine family" means an engine family that undergoes certification using carryover test data from previous model years.
(7) "Certification" means, with respect to new spark-ignition marine engines, obtaining an Executive Order for an engine family complying with the spark-ignition marine engine exhaust emission standards and requirements specified in Title 13, California Code of Regulations, sections 2442 and 2447.
(8) "Complete engine assembly" or "complete engine configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required for the assembly to be installed in a new unit of equipment.
(9) "Continuous monitoring" means sampling at a rate no less than two samples per second. If for engine control purposes, a computer input component is sampled less frequently, the value of the component may instead be evaluated each time sampling occurs.
(10) "Emission control system" means any device, system, or element of design that controls or reduces the emission of substances from an engine.
(11) "Enforcement test results" means data or information gathered through enforcement programs conducted by the Air Resources Board. These programs include, but are not limited to, field inspections, in-use compliance testing, assembly-line testing.
(12) "Engine family" means a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification.
(13) "Engine identification number" means a unique specification (for example, model number/serial number combination) that allows each spark-ignition marine engine to be distinguished from other similar engines.
(14) "Engine manufacturer" means the manufacturer granted certification.
(15) "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause.
(16) "Engine start" is defined as the point at which normal, synchronized spark and fuel control is obtained or when the engine reaches a speed 150 revolutions per minute (rpm) below the normal, warmed-up idle speed.
(17) "Exhaust emissions" means matter emitted into the environment from any opening downstream from the exhaust port of a spark-ignition marine engine.
(18) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative.
(19) "Executive Order" means an order issued by the Executive Officer certifying engines for sale in California.
(20) "Family Emission Limit" means an emission value assigned by a marine engine manufacturer to an engine family for the purpose of complying with a corporate average exhaust emission standard. The Family Emission Limit (FEL) must not exceed the limit specified in this Article.
(21) "Fuel system" means all components involved in the transport, metering, and mixture of the fuel from the fuel tank to the combustion chamber(s) including, but not limited to the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, and all fuel system vents.
(22) "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. These long-term adjustments compensate for engine differences and gradual changes that occur over time.
(23) "Functional check" for an output component means verification of proper response to a computer command. For an input component, functional check means verification of the input signal being in the range of normal operation, including evaluation of the signal's rationality in comparison to all available information.
(24) "Inboard Engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the propeller shaft penetrates the hull of the marine watercraft while the engine and the remainder of the drive unit is internal to the hull of the marine watercraft.
(25) "Inspection criteria" means the pass and fail numbers associated with a particular sampling plan.
(26) "Malfunction" means the inability of an emission-related component or system to remain within design specifications. Further, malfunction refers to the deterioration of any of the above components or systems to a degree that would likely cause the emissions of an aged engine with the deteriorated components or systems present at the beginning of the applicable certification emission test to exceed the HC+NOx emission standard by more than 50 percent, unless otherwise specified, as applicable pursuant to Chapter 1 (commencing with Section 1900), Division 3, title 13, of the California Code of Regulations.
(27) "Marine engine manufacturer" means any person engaged in the manufacturing or assembling of new spark-ignition marine engines or the importing of such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines. A spark-ignition marine engine manufacturer does not include any dealer with respect to new spark-ignition marine engines received by such person in commerce.
(28) "Marine warm-up cycle" means sufficient engine operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 140 degrees Fahrenheit.
(29) "Marine watercraft" means every description of boat, ship or other artificial contrivance used, or capable of being operated on water.
(30) "Model year" means the engine manufacturer's annual new model production period which includes January 1 of the calendar year for which the model year is named, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previous calendar year. Where an engine manufacturer has no annual new model production period, model year means the calendar year.
(31) "New", for purposes of this Article, means a spark-ignition marine engine or watercraft the equitable or legal title to which has never been transferred to an ultimate purchaser. Where the equitable or legal title to the engine or watercraft is not transferred to an ultimate purchaser until after the engine or watercraft is placed into service, then the engine or watercraft will no longer be new after it is placed into service. A spark-ignition marine engine or watercraft is placed into service when it is used for its functional purposes. With respect to imported spark-ignition marine engines or watercraft, the term "new" means an engine or watercraft that is not covered by an Executive Order issued under this Article at the time of importation, and that is manufactured after the effective date of a section in this Article which is applicable to such engine or watercraft, or which would be applicable to such engine or watercraft had it been manufactured for importation into the United States.
(32) "Nonconformity" or "Noncompliance", for the purposes of Title 13, California Code of Regulations, section 2444.1, means that:
(A) a significant number, determined by the Executive Officer, of a class of engines, although properly maintained and used, experience a failure of the same emission-related component(s) within their useful lives which, if uncorrected, results in the engines' failure to comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines; or
(B) a class of engines that at any time within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines.
(33) "Operating cycle" consists of engine startup, engine run, and engine shutoff.
(34) "Original equipment manufacturer" means a manufacturer who purchases engines for installation in its equipment for sale to ultimate purchasers.
(35) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.
(36) "Personal watercraft engine" means a spark-ignition marine engine that does not meet the definition of outboard engine, inboard engine or sterndrive engine, except that the Executive Officer may, in his or her discretion, classify a personal watercraft engine as an inboard or sterndrive engine if it is comparable in technology and emissions to an inboard or sterndrive engine.
(37) "Production-line tests" are emission tests performed on a sample of production engines produced for sale in California and conducted in accordance with Title 13, California Code of Regulations, section 2446(a).
(38) "Redline engine speed" means the engine manufacturer recommended maximum engine speed as normally displayed on instrument panel tachometers, or the engine speed at which fuel shutoff occurs.
(39) "Response rate," with regards to oxygen sensors, refers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air ratio above and below stoichiometric.
(40) "Sales" or "Eligible sales" means the actual or calculated sales of an engine family in California for the purposes of corporate averaging and production-line testing. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sales volumes.
(41) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer to be performed on a periodic basis to prevent part failure or marine watercraft or engine malfunction, or those actions anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.
(42) "Spark-ignition marine engine" means any engine used to propel a marine watercraft, and which utilizes the spark-ignition combustion cycle; including, but not limited to personal watercraft, outboard, inboard and sterndrive engines.
(43) "Sterndrive engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the marine watercraft.
(44) "Test engine" means the engine or group of engines that an engine manufacturer uses during certification, production line and in-use testing to determine compliance with emission standards.
(45) "Test Procedures" means the document entitled "California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines," which includes the standards and test procedures applicable to 2001 and later spark-ignition personal watercraft, outboard, inboard and sterndrive marine engines, as adopted October 21, 1999 and as amended June 6, 2002. This document is incorporated by reference herein.
(46) "Ultimate purchaser" means, with respect to any new spark-ignition marine engine, the first person who in good faith purchases such new spark-ignition marine engine for purposes other than resale.
(47) "U.S.C." means United States Code.
(48) "Used solely for competition" means exhibiting features that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely.
(49) "Useful life" for spark-ignition marine engines means nine years for personal watercraft engines and sixteen years for outboard, inboard and sterndrive engines.
(50) "Warranty period" means the period of time the engine or part is covered by the warranty provisions.
(51) "Warranty station" means any dealer, service center or other agent that is authorized by the engine manufacturer to perform diagnostic labor, repairs or replacements of warranted engine components.


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2442. Emission Standards.
(a) Model year 2001 and later model year spark-ignition personal watercraft and outboard marine engines:
(1) Exhaust emissions from new spark-ignition marine engines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce must not exceed the hydrocarbon plus oxides of nitrogen (HC+NOx) exhaust emission standards listed in Table 1 during its designated useful life:
Table 1.

Corporate Average Emission Standards by Implementation Date HC+NOx (g/kW-hr)

Model Year Max. Family
Emission
Limit (FEL) P P
2001-2003 Not Applicable 81.00 (0.25 x (151+557/P tx
0.9))+6.0))+6.0))+6.0
2004-2007 80 64.80 (0.20 x (151+557/P tx
0.9))+4.8))+4.8
2008 and 44 30.00 (0.09 x (151+557/P tx
Later 0.9))+2.1))+2.1

where:
P tx is the average power in kilowatts (kW) (sales-weighted) of the total number of spark-ignition marine engines produced for sale in California in model year x. Engine power must be calculated using the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference. Engine manufacturers must not determine P tx by combining the power outputs of outboard engines with the power outputs of personal watercraft engines.
(2) An engine manufacturer may comply with the standards directly on an individual engine family basis. Consequently in Table 1, FELs are not applicable for any model year and P tx means the average power in kW (sales-weighted) of the subject engine family produced for sale in California in model year x.
Compliance with the standards on a corporate average basis is determined as follows:
n
R(PRODjx)(FELjx)(Pjx)
j
=1 =STDca n
R(PRODjx)(Pjx) j=1
where:
n = Total number of engine families (by category)
PRODjx = Number of units of each engine family j produced for sale in California in model year x.
FELjx = The Family Emission Limit (FEL) for engine family j in model year x, which must be determined by the engine manufacturer subject to the following conditions: (1) no individual engine family FEL shall exceed the maximum allowed value as specified in Table 1; (2) no engine family designation or FEL shall be amended in a model year unless the engine family is recertified; and (3) prior to sale or offering for sale in California, each engine family must be certified in accordance with the test procedures referenced in section 2447 and must meet the engine manufacturer's FEL as a condition of the Executive Order. Before certification, the engine manufacturer must also submit estimated production volumes for each engine family to be offered for sale in California.
Pjx = The average power in kW (sales-weighted) of engine family j produced for sale in California in model year x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference.
STDca = An engine manufacturer's calculated corporate average HC+NOx exhaust emissions from those California spark-ignition marine engines subject to the California corporate average HC+NOx exhaust emission standard determined from Table 1, as established by an Executive Order certifying the California production for the model year. This Executive Order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year.
(A) For purposes of compliance under this paragraph, engine manufacturers must not corporate average outboard engine families in combination with personal watercraft engine families.
(B) During the engine manufacturer's production year, for each engine family, the engine manufacturer shall provide the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark-ignition marine engines produced for sale in California and their applicable FEL(s).
(C) The Executive Order certifying the California production for a model year must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year.
(D) The engine manufacturer's average HC+NOx exhaust emissions must meet the corporate average standard at the end of the engine manufacturer's production for the model year. At the end of the model year, the manufacturer must calculate a corrected corporate average using sales or eligible sales rather than projected sales.
(E) Production and sale of spark-ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.
(F) For each model, the engine manufacturer shall submit California sales data ninety (90) days after the end of the model year.
(b) Exhaust emissions from new model year 2003 and later spark-ignition inboard and sterndrive marine engines must not exceed the exhaust emission standards listed in Table 2 for the designated emission durability test period.
Table 2. Inboard and Sterndrive Exhaust Emission Standards (by Implementation
Date)

Model Year HC+NO Durability Test Period
(grams per kilowatt hour) (hours)
2003-2008 1 16.0 2 -
2007 and Later 3 5.0 480

1. Engines with a maximum rated power exceeding 373 kilowatts (500 horsepower) are not required to comply with these standards.
2. Compliance with the HC+NO x standard may be averaged on a sales-weighted basis, across the engine manufacturers' California production, based on projected California sales or the projected California percentage of national sales.
3. For model year 2007, engine manufacturers shall certify a minimum of 45% of their California production (projected California sales or projected California percentage of national sales) to the standard. For model year 2008, engine manufacturers shall certify a minimum of 75% of their California production (projected California sales or projected California percentage of national sales) to the standard.
(1) No crankcase emissions shall be discharged into the ambient atmosphere from 2003 and later spark-ignition inboard and sterndrive marine engines.
(2) Production and sale of spark-ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.
(3) For each engine family, the engine manufacturer shall submit the total number of engines produced for sale in California, or the total number of engines produced for sale nationally, ninety (90) days after the end of the model year.
(c) The test equipment and test procedures for determining compliance with these standards are set forth in Parts III and IV, respectively, of the "Test Procedures."


Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



s 2443.1. Emission Control Labels - Model Year 2001 andLater Spark-Ignition Marine Engines. (continued)