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(a) Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained to ensure that engines meet the applicable emission standards. The purpose of this section is to require engine manufacturers to affix a label (or labels) on each production engine (or watercraft, as applicable) to provide the engine owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. These specifications also require the engine manufacturer to permanently identify the engine with a unique identification number that will be used for enforcement purposes, including in-use testing.
(b) Applicability. This section applies to:
(1) Model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013;
(2) Engine manufacturers and original equipment manufacturers, as applicable, that have certified such engines; and
(3) Original equipment manufacturers, regardless of whether they have certified the engine, if their equipment obscures the emission control labels of such certified engines.
(c) Engine Label and Location.
(1) A legible label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area of the engine (e.g., block or crankcase) in such a way that it will be readily visible to the average person after installation of the engine in the watercraft. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine or watercraft assembly (as applicable) that satisfy the requirements of Subsection (c)(2)(A) or (c)(2)(B) below, as applicable. Such labels must be attached on all complete engine assemblies that are produced by an engine manufacturer.
(2) (A) Personal Watercraft and Outboard Engines. In selecting an acceptable location, the engine manufacturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or watercraft, as applicable) part that is likely to be replaced during the engine's (or watercraft's, as applicable) useful life or that is not integral to the engine's operation. The engine label must not be affixed to any engine (or watercraft, as applicable) component that is easily detached from the engine. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location.
(B) Inboard and Sterndrive Engines. In selecting an acceptable location, the engine manufacturer must consider visibility and the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). The engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label. The engine label must contain the unique identification number that has been assigned to the engine, pursuant to subsection (a) of this section. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location.
(3) The engine label information must be written in the English language and use block letters (i.e., sans serif, uppercase characters) except for units of measurement, which may be sans serif, lower-case characters. The characters must be of a color that contrasts with the background of the label.
(4) The engine label must contain the following information:
(A) The heading "EMISSION CONTROL INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
(i) 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.
(ii) Approval under paragraph (4)(B)(i) above does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed by these provisions on the applicable engines.
(C) The statement, "THIS (WATERCRAFT'S ENGINE or ENGINE, as applicable) IS CERTIFIED TO OPERATE ON (specify operating fuel(s))."
(D) Identification of the Exhaust Emission Control System (Abbreviations may be used and must conform to the nomenclature and abbreviations provided in the latest revision of the Society of Automotive Engineer's (SAE) procedure J1930, "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms", and as specified in section 1977, Title 13, California Code of Regulations.
(E) Any specific fuel or engine lubricant requirements (e.g., fuel-oil ratio(s), lead content, research octane number, engine lubricant type).
(F) Date of manufacture (day (optional), month and year).
(G) An unconditional statement of compliance with the appropriate model year California regulations. For example, "THIS ENGINE CONFORMS TO (model year) CALIFORNIA EMISSION REGULATIONS FOR SPARK-IGNITION MARINE ENGINES." For an engine family certified in California with an FEL different from the FEL assigned federally for the engine family, the following statement shall be appended to the unconditional statement of compliance: AND IS CERTIFIED TO (specify FEL) g/kW-hr HC+NOx ENGINE FAMILY EXHAUST EMISSION STANDARD IN CALIFORNIA."
(H) The engine family identification (i.e., engine family name). The engine family identification shall be in accordance with the current format used by the United States Environmental Protection Agency.
(I) Engine displacement (in cubic centimeters, cubic inches, or liters) of the individual engine upon which the engine label is affixed.
(J) The maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: valve lash, ignition timing, idle air/fuel setting procedure and value (e.g., idle speed drop), high idle speed and spark plug gap. 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, battery, 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 substitute 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.
(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 in one or more of the following ways:
(A) Exclude the information required in Subsections (4)(C), (D) and (E) from the engine label. This information must be specified elsewhere on the engine, or in the owner's manual.
(B) Substitute the information required in Subsection (4)(J) with the statement, "REFER TO THE OWNER'S MANUAL FOR MAINTENANCE SPECIFICATIONS AND ADJUSTMENTS." When such a statement is used, the information required by Subsection (4)(J) must be specified in the owner's manual.
(C) Exclude the information required by Subsection (4)(F) on the engine label if the date the engine was manufactured is stamped or labeled permanently on the engine (e.g., within the serial number), and this date is readily visible.
(d) For Inboard and Sterndrive Engines used solely for Competition.
Engines manufactured solely for use in sanctioned competition are not required to comply with the emission standards and other requirements. Manufacturers may incorporate the engine label to identify the engines as produced for competition according to the provisions in this subsection.
(1) A legible label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area of the engine in such a way that it will be readily visible to the average person after installation of the engine in the watercraft. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine that satisfy the requirements of Subsection (d)(2). Such labels must be attached on all complete engine assemblies that are produced by an engine manufacturer.
(2) In selecting an acceptable location, the engine manufacturer must consider visibility and the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). The engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label. The engine label must contain the unique identification number that has been assigned to the engine, pursuant to subsection (a) of this section. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location.
(3) The engine label information must be written in the English language and use block letters (i.e., sans serif, uppercase characters) except for units of measurement, which may be sans serif, lower-case characters. The characters must be of a color that contrasts with the background of the label.
(4) The engine label must contain the following information:
(A) The heading "EMISSION CONTROL INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
(i) 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.
(ii) Approval under paragraph (4)(B)(i) above does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed by these provisions on the applicable engines.
(C) Date of manufacture (day (optional), month and year).
(D) An unconditional statement of noncompliance with the appropriate model year California regulations. For example, "THIS ENGINE DOES NOT CONFORM TO (model year) CALIFORNIA EMISSION REGULATIONS FOR SPARK-IGNITION MARINE ENGINES AND MAY NOT BE INSTALLED ON A BOAT FOR ANY PURPOSE OTHER THAN COMPETITION."
(E) Engine displacement (in cubic centimeters, cubic inches, or liters) of the individual engine upon which the engine label is affixed.
(e) An engine label may state that such engine conforms to any other applicable state or federal emission standards for new spark-ignition marine engines, or any other information that the engine manufacturer deems necessary for, or useful to, the proper operation and satisfactory performance of the engine.
(f) Engine identification number. Each engine must have a legible, unique engine identification number permanently affixed to or engraved on the engine.
(g) Supplemental Engine Label Content and Location for Personal Watercraft and Outboard Engines only.
(1) When a final engine, equipment, or watercraft assembly that is marketed to any ultimate purchaser is manufactured and the engine label affixed by the engine manufacturer is not readily visible, the manufacturer of the final engine, equipment or watercraft assembly (i.e., original equipment manufacturer) must affix a supplemental engine label upon the engine, equipment or watercraft. The supplemental label must be made of plastic or metal, and must be welded, riveted or otherwise affixed permanently to an area of the engine, equipment or watercraft so as to be readily visible.
(2) The original equipment manufacturer required to affix a supplemental 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, equipment or watercraft component that is likely to be replaced during the useful life of the engine, equipment or watercraft (as applicable), and/or is not integral to the engine's operation. Such a label must not be attached to any engine or equipment component that is easily detached from the engine, equipment or watercraft (as applicable).
(3) The supplemental engine label must conform to the engine label requirements in Subsections (c)(3) and (4), except that the date of manufacture specified in Subsection (c)(4)(F) 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, equipment or watercraft so as to be readily visible. The original equipment manufacturer must also display the engine identification number elsewhere on the engine that is readily visible if the original number is obscured by the equipment manufacturer's equipment.
(h) As used in this section, readily visible means that a label is readable by an average person from a distance of 46 centimeters (18 inches) without any obstructions from equipment, watercraft 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, the label and engine identification information required by these specifications must be no smaller than two (2) millimeters in height (with the exception of units of measurement) provided that no equipment or engine parts (including all engine manufacturer available optional equipment), except for flexible parts, obstruct the label(s).
(i) The label(s), engine identification number(s) and any adhesives used must be designed to withstand, for the engine's or watercraft's useful life, typical environmental conditions in the area where the label(s) required by this section are affixed. Typical equipment environmental conditions include, but are not limited to, exposure to extreme heat or cold, engine fuels, lubricants and coolants (e.g., gasoline, motor oil, saltwater, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels and engine identification numbers comply with these requirements.
(j) The engine manufacturer must obtain approval from the Executive Officer for all label and engine identification number formats and locations in conjunction with the engine family certification. Approval of specific maintenance settings on labels is not required; however, the format for all such setting and tolerances, if any, is subject to review. If the Executive Officer finds that the information on the label or engine identification number is vague or subject to misinterpretation, or that the location does not comply with these specifications, the Executive Officer may require that the label(s), engine identification number(s) or location(s) be modified accordingly.
(k) 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.
(l) The Executive Officer may approve alternate label and engine identification number locations. The Executive Officer may also, upon request, waive or modify the label content requirements provided that the intent of this section is met.
(m)(1) If the Executive Officer finds any engine manufacturer using labels and engine identification numbers that are different from those approved or 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 and subject to being enjoined 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. Additional penalties may be assessed to the extent permissible 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 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 applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. Additional penalties may be assessed to the extent permissible under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.


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 2443.2. Consumer/Environmental Label Requirements.
(a) Purpose. The purpose of this section is to require engine manufacturers to affix a single label on each production spark-ignition marine engine (or watercraft, as applicable) that provides potential engine owners, engine owners, and enforcement personnel with information on the relative cleanliness of the engine under the Air Resources Board's standards.
(b) Applicability. This section applies to:
(1) Model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013;
(2) Federally certified spark-ignition marine engines produced prior to model year 2001 that comply with the emission standards pursuant to section 2442; and
(3) Spark-ignition personal watercraft and outboard marine engines produced prior to model year 2001 and shown by the manufacturer to comply with the emission standards pursuant to section 2442.
(c) If an engine manufacturer has certified a spark-ignition marine engine family to an FEL at or below the exhaust emission standard designated in section 2442(a), Table 1, the engine manufacturer (or equipment/watercraft manufacturer who uses such engines) must label each new engine within the engine family as a compliant engine pursuant to this section. If the engine family fails in-use compliance and/or production line testing and corrective action is not taken within thirty (30) days, the engine manufacturer must cease representation of any engines within the family as compliant engines. In this case, corrective action refers only to physical changes made to bring the engine into compliance with its original FEL. Spark-ignition marine engines as described in paragraph (b)(2) may be labeled pursuant to the provisions of this section before the 2001 model year if such engines comply with Title 40, Code of Federal Regulations, Part 91 [October 4, 1996], which is incorporated herein by reference. Spark-ignition marine engines as described in paragraph (b)(3) may be labeled pursuant to the provisions of this section before the 2001 model year if such engines are tested using certification test procedures plus a thirty (30) percent deterioration factor, as applicable. Alternative demonstrations of emissions performance may be used for engines described in paragraphs (b)(2) and (b)(3) if the engine manufacturer demonstrates to the Executive Officer's satisfaction that the emissions performance is representative of actual emissions for the engine family. Any use of the label described below counter to the requirements set forth herein violates this section and may subject the engine manufacturer to penalties as permitted by Part 5, Division 26 of the Health and Safety Code.
(1) Facsimiles of the label format are shown in Figure 1.
Figure 1

(NOTE: Labels are not to scale.)

(A) The engine manufacturer must ensure that the label has the following characteristics:
(i) Oval shape;
(ii) Dimensions of no less than three inches wide by two and a half inches high, except that it may be no less than two inches by one and two thirds inches high for engines that have power outputs of 11.2 kW (15 hp) or less;
(iii) A watermark as shown in Figure 2 that is a clear laminate. The watermark must cover the entire label and be screened at no less than fifteen percent; and
(iv) All written information required by paragraph (c)(4)(B) must be in the English language and the font must be sans serif. The characters must be a minimum of two (2) millimeters in height except as specified in paragraph (b)(1)(B)(i)(d), and of a color that contrasts with the background on which it is displayed.
Figure 2

(B) Multiple levels of cleanliness. Progressively clean engines shall carry the following notations (as applicable):
(i) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 1 must include the phrase "LOW EMISSION" and a single star symbol as shown in Figure 1.
(ii) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 2 must include the phrase "VERY LOW EMISSION" and two star symbols as shown in Figure 1.
(iii) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 3 must include the phrase "ULTRA LOW EMISSION" and three star symbols as shown in Figure 1.
(iv) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 4 must include the phrase "SUPER ULTRA LOW EMISSION" and four star symbols as shown in Figure 1.
Table 1. Hydrocarbon plus Oxides of Nitrogen Standards (in g/kW-hr)

Tier P <4.3 P
1 81.00 (0.25 x (151+557/P 0.9))+6.0))+6.0
2 64.80 (0.20 x (151+557/P 0.9))+4.8
3 30.00 (0.09 x (151+557/P 0.9))+2.1
4 5.0 5.0
Where P means the average power
in kW (sales-weighted) of the
subject engine family.

(iv) All phrases encircling the top portion must have block characters that are a minimum of five (5) millimeters in height except that the characters may be three (3) millimeters for labels sized as allowed pursuant to paragraph (c)(1)(A)(i) for engines that have power outputs of 11.2 kW (15 hp) or less.
(C) Language other than that specified in paragraph (b)(1)(B) must not be used unless permitted by the Executive Officer.
(D) The color of the outer oval and stars on the labels must contrast with the engine cover or watercraft hull. The color of the interior oval (i.e., background for the stars) must contrast with the color of the outer oval and stars.
(2) Label Location. For outboard engines, a single label must be permanently affixed to the back of the engine cover or cowling. For personal watercraft, a single label must be affixed two to three inches to the right of the required location of the California Assigned Vessel Number displayed on the port side of the hull. For inboard and sterndrive engines, labels must be affixed to the engine and to the port side of the hull, either to the right or left and in close proximity to the required location of the California Assigned Vessel Number. Each label must be manufactured and permanently affixed so that it cannot be removed without destroying or defacing the label, must be readily visible and must not be affixed to any location that is likely to be replaced during the engine's useful life. For the purposes of this paragraph, readily visible means that the label's shape and number of stars are discernible from a distance of 100 feet.
(3) The labels and any adhesives used must be designed to withstand, for the engine's or watercraft's useful life, typical environmental conditions in the area where the labels required by this section are affixed. Typical equipment environmental conditions include, but are not limited to, exposure to extreme heat or cold, moisture, engine fuels, lubricants and coolants (e.g., gasoline, motor oil, saltwater, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels and engine identification numbers comply with these requirements.
(4) For Personal Watercraft and Outboard Marine Engines:
(A) Labels must be affixed to new watercraft or engines by the engine manufacturer or the original equipment manufacturer. If affixed by the original equipment manufacturer, the engine manufacturer remains the ultimate party responsible for ensuring that the labels are correctly administered. Improper labeling or distribution of labels will subject the engine manufacturer to penalties as described in paragraph (h).
(B) Labels on engines or watercraft described in paragraphs (b)(2) and (b)(3) may be applied by either the engine manufacturer, the original equipment manufacturer, distributors or dealers. However, the engine manufacturer remains the ultimate party responsible for ensuring that the labels are correctly administered. Improper labeling or distribution of labels will subject the engine manufacturer to penalties as described in paragraph (h). If the labels are applied by the distributor or dealer, the engine manufacturer must include its name and a serial number on the lower portion of the label as shown in Figure 1. The format of the serial number will be two alpha characters followed by five numeric characters (e.g., AA12345). The serial numbers must be recorded by the distributor or dealer and reported to the manufacturer of the engine when installed on a pre-2001 model year watercraft or engine. These numbers must be made available to the Executive Officer upon request.
(5) For Inboard and Sterndrive Marine Engines:
(A) Labels on Engines. Labels must be affixed to new engines by the engine manufacturer. The engine manufacturer is responsible for ensuring that appropriate environmental labels are properly applied to its engines. Improper labeling or distributing of labels will subject the engine manufacturer to penalties as described in paragraph (h) of this section.
(B) Labels on Watercraft. Labels must be affixed to the port side of watercraft by the watercraft/original equipment manufacturer. The watercraft/original equipment manufacturer is responsible for ensuring that appropriate labels are properly applied to its watercraft. Improper labeling or distributing of hull environmental labels will subject the watercraft/original equipment manufacturer to penalties as described in paragraph (h).
Engine manufacturers are responsible for providing labels that correspond with the engine for all engines supplied to watercraft/original equipment manufacturers. Engine manufacturers also are responsible for providing to the watercraft/original equipment manufacturers instructions regarding label selection and placement. Failure to provide appropriate labels and instructions to the watercraft/original equipment manufacturer will subject the engine manufacturer to penalties as described in paragraph (h) of this section.
(d) If the engine or watercraft cannot be adequately labeled under the requirements of paragraph (c), the engine manufacturer may request modification of these requirements from the Executive Officer.
(e) Replacement engines installed in hulls, cowlings or watercraft that had been previously labeled in accordance with these specifications must have identical or improved emissions to that of the original certified engine.
(f) Samples of all labels produced pursuant to this section must be submitted to the Executive Officer with the applicable certification application.
(g) Engines that are labeled in accordance with this section and subsequently modified with add-on or modified parts that are not exempted by the Executive Officer are subject to label removal by an ARB Enforcement Officer or other authorized party.
(h) If the Executive Officer finds any engine manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the discernibility or durability requirements set forth in these specifications, the engine manufacturer will be subject to being enjoined from any further sales or distribution of applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. If the Executive Officer finds any engines or watercraft with labels that are not affixed in accordance with paragraph (c)(1)(B), the engine manufacturer or watercraft/original equipment manufacturer that was resonsible for label placement must remove the labels from all affected watercraft and engines and will be subject to being enjoined from any further sales or distribution, of applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. Additional penalties may be assessed to the extent permissible under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine or equipment manufacturer, the Executive Officer will consider any information provided by the engine or equipment manufacturer.


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 2443.3. Environmental Label/Consumer Notification Requirements.
(a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013.
(b) A nonpermanent label (i.e., hang tag) must be attached to each personal watercraft or outboard engine, as applicable, at time of sale. A nonpermanent label (i.e., hang tag) produced and supplied by the engine manufacturer must be attached, by the seller, to each inboard and sterndrive engine or watercraft, as applicable, when introduced for sale to ultimate purchasers. Environmental labels pursuant to this section shall include a copy of the following:
Front of Hang Tag:
Back of Hang Tag:
One Star - Low-Emission The one-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2001 exhaust emission standards. Engines meeting these standards have 75% lower emissions than conventional carbureted two-stroke engines. These engines are equivalent to the U.S. EPA's 2006 standards for marine engines.
Two Stars - Very Low Emission The two-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2004 exhaust emission standards. Engines meeting these standards have 20% lower emissions than One Star - Low-Emission engines.
Three Stars - Ultra Low Emission The three-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2008 exhaust emission standards or the Sterndrive and Inboard marine engine 2003-2008 exhaust emission standards. Engines meeting these standards have 65% lower emissions than One Star - Low Emission engines.
Four Stars - Super Ultra Low Emission The four-star label identifies engines that meet the Air Resources Board's Sterndrive and Inboard marine engine 2009 exhaust emission standards. Personal Watercraft and Outboard marine engines may also comply with these standards. Engines meeting these standards have 90% lower emissions than One Star - Low Emission engines.

Cleaner Watercraft - Get the Facts 1-800-END-SMOG www.arb.ca.gov
(1) Facsimiles of the four environmental labels, as described in section 2443.2(c)(1), with the appropriate label circled or otherwise identified as being applicable to the spark-ignition marine engine, must be displayed on the nonpermanent label. Each facsimile must have dimensions no less than one inch by four-fifths inch.
(2) For outboard engines greater than 130 horsepower, facsimiles of only the "Low Emission Engine" and "Very Low Emission Engine" labels described in sections 2443.2(c)(1)(B)(i) and (ii) need to be displayed on the nonpermanent label until the earlier of:
(A) the 2004 model year; or
(B) the first model year after the date the ARB certifies the first outboard engine family greater than 130 horsepower to the 2008 model year standards.
(3) For personal watercraft, facsimiles of only the "Low Emission Engine" and "Very Low Emission Engine" labels described in sections 2443.2(c)(1)(B)(i) and (ii) need to be displayed on the nonpermanent label until the earlier of:
(A) the 2004 model year; or
(B) the first model year after the date the ARB certifies the first personal watercraft engine family to the 2008 model year standards.
(4) All textual information (i.e., characters and/or lettering) required by this section must be no smaller than two (2) millimeters in height.
(c) The information required by paragraph (b) must also be provided in the owner's manual and in the engine manufacturer's application for certification.
(d) Samples of all labels produced pursuant to this section must be submitted to the Executive Officer with the applicable certification application.


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 2444. In-Use Compliance Testing and Recall Regulations - Model Year 2001 and Later Spark-Ignition Marine Engines.


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 2444.1. In-Use Compliance Testing and Recall Regulations - Model Year 2001 and Later Spark-Ignition Marine Engines.
(a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013. Spark-ignition inboard and sterndrive marine engines shall comply with the in-use compliance testing and recall requirements found in Title 13, California Code of Regulations, Sections 2111 through 2140 and 2147.
(b) Manufacturer In-Use Compliance Test Procedures.
(1) For the purposes of this section, the Air Resources Board will accept emission data collected from the in-use testing program implemented by the United States Environmental Protection Agency as specified in Title 40, Code of Federal Regulations, section 91.803 [October 4, 1996], which is incorporated herein by reference.
(2) The Executive Officer, may, upon notice to the engine manufacturer and after review of the engine families identified by the United States Environmental Protection Agency for federal in-use testing, prescribe that a California-specific in-use testing program be conducted pursuant to paragraph (b)(3) at the engine manufacturer's expense if:
(A) The results obtained from the federal in-use test program pursuant to paragraphs (b)(1) of this section are determined not to be representative of engines sold and operated in California; or,
(B) The necessity is supported by other data or information (e.g., California-only engine families).
(3) California In-Use Testing Program.
(A) The Executive Officer shall identify engine families and those configurations within families offered for sale in California that the engine manufacturer must then subject to in-use testing for the specified model year. The number of engine families identified shall not exceed 25 percent of the engine manufacturer's families offered for sale in California. The Executive Officer may allow for reduced testing upon the engine manufacturer's demonstration of consistent compliance with the applicable emission standards.
(B) Number of Engines to be Tested. The number of engines to be tested by an engine manufacturer must be determined by the following method:
(i) A minimum of two (2) engines per family provided that no engine fails any standard. For each failing engine, two (2) more engines must be tested until the total number equals ten.
(ii) For engine families of less than 50 engines (California sales) for the identified model year or for engine manufacturers who make less than or equal to 200 engines (California sales) for that model year, a minimum of one engine per family provided that this engine does not fail any standard. If this engine fails, two (2) more engines shall be tested. For each additional engine failure, the engine manufacturer must continue testing two (2) additional engines until the total number equals eleven.
(iii) If an engine family was certified using carryover emission data and has been previously tested under paragraph (b)(3)(B) without an ordered recall, then only one engine for that family must be tested. If this engine fails any standard, testing must be conducted as outlined in paragraphs (b)(3)(B), as applicable.
(C) At the discretion of the Executive Officer, an engine manufacturer may test more engines than the minimums described in paragraph (b)(3)(B) or may concede failure before testing a total of ten engines.
(D) The Executive Officer will consider failure rates, average emission levels and the existence of any defects among other factors in determining whether to pursue remedial action under this subsection. The Executive Officer may request an ordered recall pursuant to paragraph (e)(2)
(E) The Executive Officer may approve an alternative to engine manufacturer in-use testing where:
(i) engine family production in California is less than or equal to 20 per year; or
(ii) engines cannot be obtained for testing because they are used substantially in watercraft that are not conducive to engine removal such as large watercraft where the engine cannot be removed without dismantling either the engine or the watercraft; or
(iii) other compelling circumstances associated with the structure of the industry and uniqueness of spark-ignition marine engine applications. Such alternatives shall be designed to determine whether the engine family is in compliance in-use.
(F) Collection of In-Use Engines. The engine manufacturer shall procure in-use engines that have been operated between half and three-quarters of the engine's useful life. For purposes of paragraph (b) only, "useful life" means ten (10) years or 350 hours of operation for outboard engines and five (5) years or 350 hours of operation for personal watercraft engines. The engine manufacturer may test engines from more than one model year in a given year. The engine manufacturer shall begin testing within twelve (12) months after receiving notice that the Executive Officer has identified a particular engine family for testing and shall complete testing within twelve months from the start of such testing. Test engines may be procured from sources associated with the engine manufacturer (i.e., manufacturer-established fleet engines, etc.) or from sources not associated with the engine manufacturer (i.e., consumer-owned engines, independently-owned fleet engines, etc.).
(G) Maintenance, Procurement and Testing of In-Use Engines.
(i) A test engine must have a maintenance and use history representative of actual in-use conditions.
a. The engine manufacturer must obtain information from the end users regarding the accumulated usage, maintenance, operating conditions and storage of the test engines.
b. Documents used in the procurement process must be maintained as required by section 30 of the Test Procedures.
(ii) The engine manufacturer may perform minimal "set-to-specification" maintenance on components of a test engine that are not subject to parameter adjustment. Maintenance may include only that which is listed in the owner's manual for engines with the amount of service and age of the acquired test engine. Documentation shall be maintained and retained as required by section 30 of the Test Procedures.
(iii) At least one valid emission test, performed according to the test procedures outlined in Part IV of the Test Procedures is required for each in-use engine.
(iv) The Executive Officer may waive portions or requirements of the test procedures, if any, that are not necessary to determine in-use compliance.
(v) If a selected in-use engine fails to comply with any applicable emission standard, the engine manufacturer must determine the reason for noncompliance. The engine manufacturer must report all such reasons of noncompliance within fifteen days of completion of testing.
(c) Reports and Evaluation
(1) The engine manufacturer must maintain and submit sufficient records to the Executive Officer within three months of completing testing from the in-use program. These records must include, but need not be limited to, the following for each test engine:
(A) Engine family.
(B) Engine model.
(C) Engine identification (or serial) number.
(D) Date of manufacture.
(E) Estimated hours of use.
(F) Date and time of each test attempt.
(G) Results (if any) of each test attempt.
(H) Results of all emission testing.
(I) Summary of all maintenance and/or adjustments performed.
(J) Summary of all modifications and/or repairs.
(K) Determinations of noncompliance and probable causes of failure.
(L) Description of operating and storage conditions.
(2) If the results of the in-use emission tests indicate that the average emissions of the test engines for any regulated pollutant exceed the applicable emission standards specified in Title 13, California Code of Regulations, section 2442, the entire engine population so represented shall be deemed to exceed the standards. The Executive Officer shall notify the engine manufacturer of the test results and upon receipt of the notification, the engine manufacturer has 45 days to submit a plan to make up all excess emissions resulting from in-use testing non-compliance in accordance with paragraph (c)(3). If excess emissions cannot be made up in accordance with paragraph (c)(3), the engine manufacturer must implement a voluntary recall plan in accordance with the applicable portions of paragraphs (d) and (e). If no excess emissions cannot be made up in accordance with paragraph (c)(3) and the engine manufacturer does not implement a voluntary recall plan, the Executive Officer may prescribe the implementation of an ordered recall pursuant to the applicable portions of paragraph (e)(2).
(3) All excess emissions resulting from in-use noncompliance with the California standard must be made up in the model year following the model year in which the notification of noncompliance is received. In-use noncompliance may not be remedied through implementation of the federal in-use credit program described in Title 40, Code of Federal Regulations, Part 91, Subpart N [October 4, 1996]. As an alternative to recall and with prior approval from the Executive Officer, the engine manufacturer may make up the excess emissions by any one or combination of the following options:
(A) Recertification of the noncompliant engine family to a lower emission level (or higher FEL) that makes up for the noncompliance, while maintaining compliance on a corporate average basis;
(B) Implementation of a running change and/or field fix on the noncompliant engine family;
(C) Implementation of market-based incentives, to be approved by the Executive Officer, to make up the noncompliance; or
(D) Payment of a noncompliance penalty to be determined by the Executive Officer on a per engine basis as provided by Part 5, Division 26 of the Health and Safety Code.
(d) Voluntary Emission Recalls.
(1) When an engine manufacturer initiates a voluntary emission recall campaign, the Executive Officer shall be notified of the recall at least thirty (30) days before owner notification is to begin. The engine manufacturer shall also submit a voluntary recall plan for approval, as described in paragraph (e) below. A voluntary recall plan shall be deemed approved by the Executive Officer within thirty (30) days after receipt of the recall plan unless objected to in the interim.
(2)(A) When any engine manufacturer, based on enforcement test results or any other information provided to or required by the ARB, proposes to initiate a voluntary emission recall program, the engine manufacturer shall submit for approval by the Executive Officer an emission recall plan as described in paragraph (e) below. The plan shall be submitted within 45 days following the receipt of a notification from the ARB that enforcement test results or other information demonstrate an engine noncompliance.
(B) The Executive Officer shall approve the recall plan in writing if it contains the information specified in paragraph (e) where specified and is designed to notify the engine/watercraft owner and correct the noncompliance in an expeditious manner. Notification of engine/watercraft owners and the implementation of recall repairs shall commence no later than the schedule specified under paragraph (e)(1)(C) and (e)(1)(D), respectively, unless the engine manufacturer can show good cause for the Executive Officer to extend the deadline. If the plan does not contain the provisions of paragraph (e), the Executive Officer shall disapprove the plan in writing and require revisions where deemed necessary. The engine manufacturer may contest such a disapproval by requesting a hearing pursuant to Subchapter 1.25, Title 17, California Code of Regulations. If no request for a hearing is made or the hearing upholds the disapproval, the engine manufacturer shall incorporate all requested revisions to the plan and begin implementation of the recall plan within sixty (60) days of receipt of the disapproval.
(C) The engine manufacturer may also request a public hearing pursuant to the procedures set forth in Subchapter 1.25, Title 17, California Code of Regulations to contest the finding of nonconformity and the need for an ordered recall. If such a hearing occurs and the nonconformity is confirmed therefrom, the engine manufacturer shall submit the recall plan required by paragraph (e)(2) within thirty (30) days after receipt of the Board's decision unless an extension is granted by the Executive Officer.
(e) Voluntary and Ordered Recall Plans.
(1) The recall plan for voluntary and ordered recalls must be submitted to the Executive Officer for review and must contain the following information unless otherwise specified:
(A) A description of each class or category of engines recalled, including the number of engines to be recalled, the model year, and such other information as may be required to identify the engines recalled;
(B) 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;
(C) A description of the method by which the engine manufacturer will notify engine/watercraft owners;
(D) A description of the procedure to be followed by engine/watercraft owners to obtain correction of the nonconformity. This may include the date on or after which the engine/watercraft owner can have the nonconformity corrected, the time reasonably necessary to perform the labor to correct the nonconformity and the designation of facilities at which the nonconformity can be remedied;
(E) A description of the class of persons other than dealers and authorized warranty agents of the engine manufacturer who will remedy the defect;
(F) A description of the system by which the engine manufacturer will assure that an adequate supply of parts is available to perform the repair under the 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 engine/watercraft owner demand;
(G) A copy of the letter of notification to be sent to engine/watercraft owners; and (continued)