FINAL REGULATION ORDER 

NOTE: This document is wriften in a style to indicate changes from the existing 

provisions. AII existing language is indicated by plain text. AII additions to 

language are indicated by underlined text. AII deletions to language are 

indicated by strikeeut. Only those portions containing the suggested 

modifications from existing provisions are included. AII other portions 

remain unchanged and are indicated by the symbol "* ****" for reference. 

Amend sections 2111, 2112, Appendix A to Article 2.1, 2139, 2147, 2440, 2441, 2442, 

2443.1, 2443.2, 2443.3, 2444.1, 24442, 2445.1, 2445.2; 2446, and 2474, and delete 

section 2448, title 13 California Code of Regulations, to read as follows: 

Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing 

Article 2.1. Procedures for In-Use Vehicle Voluntary and Influenced Recalls 

§ 2111. Applicability 

(a) These procedures shall apply to: 

*** ~ * 

(4) California-certified 2008 model vear spark-ignition 

sterndrive/inboard marine engines with maximum rated power less 

reauirements in Section 2442(b)(1) and all California-certified 2009 

and subsequent model-year spark-ignition sterndrive/inboard and 

^~ *^ ;;d;;ve marine enqines. 

***** 

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, and 43106 Health 

and Safety Code. 

Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 

43107 and 43204-43205.5, Health and Safety Code. 
Definitions. 

"Capture rate" means ... 

***** 

"Useful life" means, for the purposes of this article: 

W * * * * 

(20) For 2004 and subsequent model-year heavy heavy-duty diesel 

engines, 2004 and subsequent model-year heavy-duty diesel urban 

buses, 2004 and subsequent model-year heavy-duty diesel engines 

to be used in urban buses, and 2004 and subsequent model year 

hybrid-electric urban buses for carbon monoxide, particulate, and 

oxides of nitrogen plus non-methane hydrocarbon emissions 

standards, a period of use of 10 years or 435,000 miles, or 22,000 

hours, whichever first occurs, or any alternative useful life period 

approved by the Executive OfPicer, except as provided in 

paragraphs (19){+) 20 Aand {1-9)(ii) ( 0)(B) 2 . 

Ea 

(A) The useful life limit of 22,000 hours in paragraph (19) of this 

definition is effective as a limit to the useful life only when an 

accurate hours meter is provided by the manufacturer with 

the engine and only when such hours meter can reasonably 

be expected to operate properly over the useful life of the 

engine. 

{i4 

(B) For an individual engine, if the useful life hours limit of 

22,000 hours is reached before the engine reaches 10 years 

or 100,000 miles, the useful life shall become 10 years or 

100,000 miles, whichever occurs first, as required under 

Clean Air Act section 202(d) (42 U.S.C. 7521(d)). 

* W * * W 

(23) A For California-certified 288W008 and subsequent model year 

spark-ignition sterndrive/inboard ar+d sternd ~+ve marine engines 

complying with the Option 42 requirements in Section 2442(b)(1), 

and for California-certified 2-89$2009 and subsequent model-year 

spark-ignition sterndrive/inboard an~d °*°,;;ddrive marine engines 

with 

a maximum rated or maximum engine power less than or equal to 

485 kilowatts , a. period of ten years or 480 hours, whichever first 

occurs. . 

2 

§ 2112. 

(a) 
(B) ForCalifornia-certified 2009 and subseauent model year 

spark-ignition sterndrive/inboard marineengines greater than 

485 kilowatts, a period of one year or 50 hours, whichever first 

occurs. Manufacturers ofspark-ionition sternd rive/i n board marine 

engines greater than 485 kilowatts may petition the Executive 

Officer for a approval of a shorter period when appropriate. 

Appendix A to Article 2.1 

California ln-Use Vehicle Emission-Related Recall Procedures, Enforcement Test 

Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year 

Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and 

Engines, Motorcycles, 1997 and Sub,sequent Model-Year OfF-Road Motorcycles and 

AII-Terrain Vehicles, 2000 and Subsequent Model-Year,Off-Road Compression-Ignition 

Engines, and 2008 and Subsequent Model-Year Spark-Ignition labeard-and 

Sterndrive/InboardMarine Engines. 

Vehicle and Engine Parameters, Components, and Specifications 

Passenger Car, Light-Duty Truck, Medium-Duty Vehicle, Motorcycle; and Inboard 

and Sterndrive Parameters and Specifications. 

F. Engine Cooling System: Thermostat calibration. 

456 

G. Exhaust Emission Control system. 

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105 and 

43806, Health and Safety Code; and Section 28114, Vehicle Code. 

Reference: Sections 39002, 39003, 39500, 43000, 43009.5, 43013, 43018, 43100, 

43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204-43205.5, 43206, 

43210, 43211, 43212, 43213 and 43806, Health and Safety Code; and Section 28114, 

Vehicle Code. 

3 
Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing 

Article 2.3. In-Use Vehicle Enforcement Test Procedures 

§ 2139. Testing. 

(h) For spark-ignition inNoard and sternd rive/i n board marine engines, in-use 

compliance tests shall be performed pursuant to section 2442, Title 13, 

California Code of Regulations. The in-use compliance testing shall use 

the same test procedure utilized for the specific engine's original 

certification testing. 

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, 

Health and Safety Code. 

Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100, 43101, 

43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5 and 

43211-43213, Health and Safety Code. 

Eli 
Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing 

Article 2.4. Procedures for Reporting Failures of Emission-Related Components 

§ 2147. Demonstration of Compliance with Emission Standards. 

(b) A manufacturer may test properly maintained in-use vehicles with the 

failed emission-related component pursuant to the applicable certification 

emission tests specified in Title 13, California Code of Regulations, 

Section 1960.1 or 1961, as applicable, for passenger cars, light-duty 

trucks and medium-duty vehicles, Section 1956.8 for heavy-duty engines 

and vehicles, Section 1958 for motorcycles, and Section 2442 for inbeard 

and sterndrive/inboardmarine engines. The emissions shall be projected 

to the end of the vehicle'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 foliowing: 

Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. 

Reference: Sections 43000, 43009.5, 43018, 43101 ;43104, 43105, 43106, 43107 and 

43204-43205.5, Health and Safety Code. 
Chapter 9. Off-Road Vehicles and Engines P®Ilution Control Devices 

Article 4.7. Spark-Ignition Marine Engines 

§ 2440. Applicabiiity. 

(a) 

(3) Spark-ignition iab®ard and sterndrive /inboard 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. 

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. 

1.9 
§ 2441. Definitqons. 

(a) 

(5) "Boat manufacturer," as it applies in Section 2442(b), means any person or 

business entity engaged in the manufacturing, assembling, or importing of new 

vessels equipped with-inbeard er sterndrive/inboard engines for sale in 

California, or engaged in the sale, offer for sale, introduction, delivery or 

importation of such.vessels into California for introduction into commerce. 

Included are those who act for and are under the control of any such person or 

business entity in connection with the distribution of such vessels. The term boat 

manufacturer does not include any person or business entity whose sole 

activities are the direct sale of said vessels to ultimate purchasers or the 

servicing of said vessels. 

(21) "Enhanced Evaporative Control System" means an intepration of evaporative 

control hardware including activated carbon canisters, low permeation fuel hoses. 

(Z422) "Exhaust emissions" means matter emitted into the environment from any 

opening downstream from the exhaust port of a spark-ignition marine engine. 

(2223) "Executive Officer" means the Executive OfPicer of the Air Resources 

Board or his or her authorized representative. 

(2324) "Executive Order" means an order issued by the Executive Officer 

certifying engines for sale in California. 

(2425) "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. 

(2526) "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 injeotion components, and all fuel 

system vents. 

(2027) "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 

7 
than short-term trim adjustments. These long-term adjustments compensate for 

engine difFerences and gradual changes that occur over time. 

(2728) "Functional check" for an output component means verification of proper 

response to a computer command. For an input component, functional check. 

means, verifcation of the input signal being in the range of normal operation, 

incl uding evaluation of the signal's rationality in comparison to all available 

information. 

(29) "High Performance Encline" or "High PerPormance SD/1 Engine" means a 

spark-ignition sterndrive/inboard marine engine with maximum engine power 

greater than 373 kilowafts. 

(2930) "Inspection criteria" means the pass and fail numbers associated with a 

particular sampling plan. 

(31)"Intermediate Volume Manufacturer" means an engine manufacturer that 

produces high perPormance and/or standard perPormance sterndrive/inboard 

engines for sale in California in combined guantities greater than 75 units but 

less than 500 units annually. 

(32)"Jet boat" means a vessel that uses an installed internal combustion engine 

powering a water jet pump as its primary source of propulsion and is designed 

with open area for carrying passengers. 

(33)"Large Volume Manufacturer" means an engine manufacturer that produces 

high perFormance and standard performance sterndrive/inboard engines for sale 

in California in combined guantities equal to or greater than 500 units annually_ 

{3&} 34 "Low-permeation-#ue srsupply) hose" means a fuel hose that does 

not exceed a 15.0 grams per square meter per day permeation rate on CE10 fuel 

at 23° Celsius- zesteQ ,a, °° per SAE J1527. 

{~1}Q "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 componenfs 

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. 

0 
(32)~ "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. 

{33}jq7j "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. 

(34} 381 "Marine watercraft" means every description of boat, ship or other 

artificial contrivance used, or capable of being operated on water. 

temperatures and providing better insulation for electrical contacts that might 

otherwise be exposed to corrosive sea water: 

(40) "Maximum Engine Power" means the maximum brake powet point on the 

nominal power curve for the engine configuration. The nominal power curve of 

an encaine configuration is the relationship between maximum available engine 

specifications for the engine. This information mav also be expressed bv a 

production engines considering normal production variabilitv. The power value 

power for an engine familv is the weighted average value of maximum engine 

power for each engine configuration within the engine family based on the total 

California production volume of enaines produced from the engine family_ 

Alternately: 

(A) For outboard or personal watercraft engines, mazimum engine power 

emission standard under ~ 2442(a). 

0 
(35),(411 "Maximum Rated Power" means the maximum brake kilowatt output of 

an engine at rated speed, as stated in the manufacturer's application for 

certification. 

(42) "Maximum Test Speed" means: 

(A) the engine speed during sustained operation with maximum operator 

demand when testing other than a two-stroke engine installed in a vessel, 

or 

(B) the same as defined in 40 CFR 1045.501 and 40 CFR 1065.1001 

when te.sting a two-stroke engine installed in a vesseC or any engine on an 

engine dynamometer. 

specified in the test .. -. 

..- . -r's annual new model 

production •-.. which includes of the calendar- . - 

model rAear is named ends no later than December 31 of the calendar- . 

does notbegin earlier of the previous calendar 

engine manufacturero annual new..- production period, model year 

.. 

- I - - - 

 - 

" 

- 

. 

when 4is used With FespeGt 

Orderissued URder this . 

ArtiGle whiGh is appliGable to suGh - 

"New Propulsion Marine Engine". . . -w," — for purposes 

of this Article, means any of the following: 

(A) A freshly manufactured propulsion marine engine for which the 

of this paragraph (A), the engine is new from the time it is produced until 

10 
the ultimate purchaser receives the title or the product is placed into 

senrice whichever comes first. 

(B) An engine intended to be used as a propulsion marine engine that was 

(C) A propulsion marine engine that has been previously placed into 

service in an excluded application, where that engine is installed in a 

vessel subject to the reauirements of these regulations. The en.gine is no 

longer new when it is placed into marine service covered by these 

regulations. For example, this would apply to an auxiliary marine engine 

that becomes a propulsion marine engine. 

(D) An engine not covered by paragraphs (A) through (C) of this definition 

that is intended to be installed in a new vessel. This generally includes 

placed into service, whichever comes first. 

(E) An imported marine engine determined bV federal regulations to be 

new per the criteria defined in 40 CFR 1045.801 for imported propulsion 

marine engines. 

(W 45 "Nonconformity" or "Noncompliance," ; for purposes of Title 13, California 

Code of Regulations, section 2444.1, means that: 

(A)a significant number, determined by the Executive OPFicer ; 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. 

(46) "Nontrailerable boat" means a vessel equal to or greater than 8 meters in 

length or 2.6 meters or more wide. 

(3g) 47 "Operating cycle" consists of engine startup, engine run, and engine 

shutoff. 

11 
(48) 48 "Original equipment manufacturer" means a manufacturer who 

purchases engines for installation in its equipment for sale to ultimate 

purchasers. 

(444 4g) "Outboard engine" means a spark ignition rnaFiRe engine that, when 

an assembly of 

a spark-ignition marine enaine and drive unit used to propel a vessel from a 

properly mounted position external to the hull of the vessel. An outboard drive 

unit is partially submerged during operation and can be tilted out of the water 

when not in use . 

(50) "Personal watercraft" means a vessel less than 4.0 meters (approximately 

13 feet) in length that uses an installed internal combustion engine powering a 

not a personal watercraft. 

~ '- • • 

•. • • 

engine used to•••- a perso nal 

(43,) 52 "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). 

enoines to high performance sternd rive/i n board engines is 12 to 1 or greater. 

(54) "Rebuild" or "Rebuilding" refers to a malor overhaul in which the en iq ne's 

pistons or power assemblies are replaced or other chanqes that significantly 

occurs commonly within the useful life period. 

in 
(444(551 "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. 

{4,5}L561 "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. 

{46-}L571 "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. Upori Executive Officer approval, an engine 

manufacturer may calculate its eligible sales through market analysis of actual 

federal production or sales volumes. 

~~ "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 inarine 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. 

(59)"Small Volume Manufacturer" means an engine manufacturer that produces 

high performance and/or standard perPormance sterndrive/inboard engines for 

sale in California in combined guantities egual to or less than 75 units annuallv 

(60) "Spark-ignition" means relating to a gasoline-fuefed engine or any other type 

of engine with a spark plug (or other sparking device) and with operating 

power during norma) operation: 

(48)j61) "Spark-ignition marine engine" or "Spark-ignition propulsion marine 

en ine" 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, iRbeard and sterndrive/inboard engines, 

(62) "Standard Performance Engine" or'`Standard Performance SD/I Engine" 

means a spark-ignition sternd rive/in board marine engine with maximum engine 

power less than or equal to 373 kilowatts. 

„ 

i[t3 
(63) "Sternd rive/in board engine" or "sterndrive/inboard marine engine" means a 

spark-ignition engine that is used to propel a vessel, but is not an outboard 

encaine or a personal watercraft engine. This includes engines on propeller 

driven vessels, iet boats, air boats, and hovercraft. 

(5( ~ 64 "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. 

(54-) 65) "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, inbeard and sternd rive/i n board marine engines, as incorporated bv 

reference in Section 2447. 

Qon#i+mhnr 09 9nnC. Thic+ rJr ~ n„mnn# 'o r.+#r~ rl hv rrnfnrrnnno hor..in 

, -r~crr. 

(&2) 66 "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. 

(53)&71 "U.S.C." means United States Code. 

(-54~ 68) "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. 

(55~ 69 "Useful life" for spark-ignition marine engines means nine years for 

personal watercraft engines and sixteen years for outboard, iRbearc# and 

sterndrive/inboard engines. 

~W 70 "Warranty period" means the period of time the engine or part is covered 

by the warranty provisions. 

"Warranty station" means any dealer, service center or other agent that 

is authorized by the engine manufacturer to perPorm 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. 

14 
§ 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 comrnerce must not exceed the hydrocarbon plus oxides of 

nitrogen (HC+NOx) exhaust emission standards listed in Table 1.1 

Table 1.2during its designated useful life: 

Table 1.1, 

Corporate Average Emission Standards by Implementation Date 

HC+NOX (g/kW-hr) 

Model Year 

Max. Famify 

Emission Limit (FEL) Ptx < 4.3 kW1 Ptx z 4.3 kW1 

2001-2003 Not Applicable 81.00 (0.25 X(151+557/Pa 9)) + 6.0 

2004-2007 80 64.80 (0.20 X(151+557/Ptxo 9)) + 4.8 

2008 and Later? 44 30.00 (0.09 x(151+557/Ptx° 9)) + 2.1 

15 
Table 1.2 

Outboard and Personal Watercraft Carbon PNonoxide Standards 

ENGINE 

CATEGORY MODELYEAR 

POWER 

CATEGORYa 

kil owa fts 

CO STANDARD 

[pramsperkilowatt-hourl 

OB/PWCb 2009 and later 

kW <_ 40 500 - 5 x P° 

kW > 40 300.0 

where: 

Ptx 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, x 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 1.1, FELs 

are not applicable for any model year and Pt x means the average 

power in kW (sales-weighted) of the subject engine family produced 

for sale in California in model year x. 

Compliance with theHC+NOustandards on a corporate average 

basis is determined as follows: 

n 

Y, (PRODjx)(FELJz)(PJz) 

i n = STDca 

E (PRODjx )(P,x) 

j=1 

where: 

n = Total number of engine families (by category) 

PRODjX= Number of units each engine family j produced for 

sale in California in model year x. 

16 
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 1.1; (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 ofPering 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. 

PiX = 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 1.1, 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. 

(b) Model year 2003 and later model year spark-ignitioninbeard-and 

sternd rive/in board marine engines: 

(1) Exhaust emissions from all new model year 2003 and later 

spark-ignition-iabeard--ar~d-sterndrive/inboard marine engines must 

not exceed the-ex4at+st emission standards listed in Table 2.1 (a) 

for standard performance engines and 2.1(b) for high performance 

engines, for the designated emission durability test period. 

(A) Prior to Model Year 2007 certification, each engine 

manufacturer must select either Option 1(OPT 1) or 

Option 2(OPT 2) for its entire production of standard 

performance engines for the 2007 and 2008 model years: 

17 
Table 2.1 a 

Standard Performance 4nbeardFSterndrive/inboard Marine Engine Standards 

RATFD EXHAUST STANDARDS 

MODEL 

YEAR 

POWER 

CATEGORY

1 COMPLIANCE 

~z OPTION - 

DURABILITY SUPPLEMENTAL 4e MEASURE - NMHC

~a 

x 

~y 

-+NO TYPE - _ _ CO 

(kilowatts] [hours/years] [gramsperkifowatt-hour] rams er 

~ kifowall-ho 

22006 kW <_ 373 N/A N/A 16.0 AVE6 None 

OPT 1 

N/A 16.0 (55%) AVE6 

None 

480110 5.0 (45%) FIXED 2007 kW <_ 373 

OPT 2 N/A 14.0 FIXED Low-Permeation 

Fuel Line Hoses N/A 

OPT 1 

N/A 16.0 (25%) AVE6 

None 

8 kW <_ 373 480 / 10 5.0 (75%) FIXED 

OPT 2 480 / 10 5.0 FIXED Low-Permeation 

Fuel Line Hoses 

k2OO9 

kW <_ 373 480 / 10 5.06'~`8 FIXED 75_07' 9 

and 

later 

N/A 4-W4-3 586 AV€ Carryover$1-0 ~ 

- - 

14W->-486 5854-4 `a.86 AVE 

Notes: 

1, For 2010 and subseguent model vears an engii 

42. Once a manufacturer has chosen an option, th 

23, f•hy4res2rbenF 

non-melhane comoonent of hvdrocarbon mav t 

34. Corporate averaging.(AVE) may be usetl to de 

45. Supplemental measures may be different than 

5 

6. 

67. 

ance with the ezhaust emission standard, except where a FIXED standard is required 

provide equal and verifiable emission reductions to those indicated 

8. 

. The same or befter supplemental emission control hardware used to-meet-tke•siandard comolv in 2007 must be usetl every 

(i e nol iust the fuel line hosel must be low-oermeafon bo;gs 

(A) At the time of, or prior to model year 2009 certification, each 

manufacturer must declare whether it will comply with the 

high performance exhaust standard of 5.0 g -/kW-hr HC+NOx 

through averaging or whether it will comply with the less 

stringent small volume hiclh performance HC+NOx exhaust 

standard through the incorporation of enhanced evaporative 

control svstems on vessels using standard performance 

enaines for 2009 and subsequent model vear enqine 

production. 

~ 
MODEL POWERa 

CATEGORY DURABILITY 

HC°+NO, 

STANDARD 

Caramsoerkilowa(t-hourl CO 

STANDARD 

.YEAR kilowatts 

(hours/vears/ 

- 

" 

SmaII Volume Manufacturers or Large Volume rams er 

kilowatt-houtl 

 . 

Intarmediate Volume . 

Manufacturers that are not 

or Qualified 

Intermediate 

Qualified Intertnediate Volume Volume 

anufacturers Manufacturer 

2009 - 

2010 

373 < kW <_ 485 1500/ 3 16_0d 

5. 0e 350.Od 

kW > 485 50° / 1 25.Od 

2011 

and later 

373 < kW <_ 485 1500/ 3 16_Od 

e 5_0 350.0 d 

kW > 485 50° / 1 22.Od 

a For 2010 and subseuuent model vears an enoine or enoine familv's oower categorv is based on maximum enoine power othenmise maximum 

rated power mav be used . 

(C) (74}1N!o crankcase emissipns shall be discharged into the 

ambient atmosphere from 2003 and later spark-ignition 

inbeard and sterndrive/inboard marine engines. 

(D) EB-}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. 

19 
KM 

(E) fG}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. 

(,2) Evaporative Reguirements for AII High PerPormance Engine 

Manufacturers and Boat Manufacturers: 

(A) For 2009 and subseauent model year engines, each engine 

or that is introduced, delivered or imported into California for 

system components to meet or exceed the diurnal and 

ermeation desi n s ecifications listed in Table 2.2 

throughout the useful life of the engine. 

Table 2.2 Sterndrive/Inboard Marine Evaporative Design Specifications 

offered for sale in California that uses a high Performance 

engine. 

(3) f23Compliance with the standards on a corporate averaging basis is 

calculated as follows: 

all 
n 

~IPPnII 

~—~ r"~~ J

1(FT 1 

j=I _ 

n 

—~(P.R.OD 

j=i 

~ ) 

n 

Z (PRODJz)(EL j)(Pjx ) 

j-' n = Corporate Average 

E(PRODjx )(Pjx ) 

j=1 

where: 

= Total number of engine families available for 

averaging 

PRODjX= Number of engines in engine family j produced for 

sale in California in model year x. 

ELiX = The measured Ntv1HC+NO xemission levels for engine 

family j in model year x; 

x. Engine power must be calculated using SAE 

standard J1228, November 1991, incorporated herein 

by reference. 

(A) 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 

EL(s). 

(B) 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. 

(C) The engine mahufacturer's average P4AAHC+NO Xexhaust 

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. 

21 
* * * * * 

(4) 0)Alternate Reauirements for Standard Performance 

Manufacturers: 

(A) Requirements of engine manufacturers and boat 

manufacturers under Option 2 and using Low Permeation 

Fuel Line Hose: 

f,°t) 

1. Each engine manufacturer that chooses Option 2 must 

provide written instructions, as part of the installation 

materials provided to purchasers of the engine, to use 

Low Permeation Fuel Line Hose for the primary fuel line 

connecting the fuel tank to the engine of any boat 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. 

0: 

2. Each boat manufacturer must install Low Permeation 

Fuel Line Hose for the pr)mary fuel line connecting the 

fuel tank to the engine of any boat that is manufactured 

for sale, sold, or offered for sale in California that uses 

an engine from a manufacturer that chooses Option 2. 

(4) (B) Supplemental Measures: Prior to Model Year 2007 

certification, manufacturers choosing Option 2 may request 

Executive Officer approval of a supplemental measure as an 

alternative to meeting the requirements of paragraph (b)(3). 

In determining whether to approve a request, the Executive 

Officer will consider the following: 

Whether the proposed supplemental measure would 

achieve reductions in P1MHC+NO x equivalent to using 

Low-Permeation Fuel Line Hoses, 

(9) 2. The engine manufacturer's measures to ensure 

successful implementation of the proposed supplemental 

measure, 

m 
(-G} 3. The durability of the proposed supplemental measure, 

and 

49} 4. Any additional information the Executive Officer deems 

relevant. 

(5) Alternate Requirements for Large Volume and Qualified 

Intermediate Volume Manufacturers. 

qualified intermediate volume engine manufacturer may certifv high 

that they do either (A) or (B): 

A. The manufacturer ensures that a sufficient number of boats 

using standard performance engines are equipped with 

enhanced evaporative control systems to fully compensate 

1. Each encqine manufacturer must provide written 

instructions, as part of the installation materials 

provided to purchasers of the engine, to use 

enhanced evaporative control systems on anv boat 

that is manufactured for sale sold or ofFered for sale 

in California orthat is introduced delivered or 

imported into California for introduction into 

commerce that uses a standard performance engine 

intended to aualifv the engine manufacturer to certifv 

its high performance engines using the HC+NOr 

standards intended for small volume high 

perFormance manufacturers in Table 2.1(b) of this 

section. The engine manufacturer shall also provide 

evidence to the Executive Officer, as part of its 

application for certification, that the supplier(s) of the 

enhanced evaporative control system has designed 

the system components to meet or exceed the 

diurnal and permeation design specifications listed in 

Table 2.2 throughout the useful life of the engine. 

23 
: 

2. Each boat manufacturer must install an enhanced 

evaporative control system on evey boat that is 

manufactured for sale sold or offered for sale in 

California that uses a standard performance engine 

intended to gualify the engine manufacturer to certify 

its high performance engines using the HC+NOr 

standards intended for small volume high 

performance manufacturers in Table 2.1(b) of this 

section. 

standard. 

1. The manufacturer must submit a plan prior to 

certification of any high performance engine family. 

The Executive Officer musf approve a plan before 

certifving any of the manufacturer's enaine families. 

To be approved, the plan must meet the following 

criteria: 

i. The total emissions benefit of the measures must 

provide reductions eguivalent to the 5.0 g/kw-hr 

HC+NOy standard. 

ii. The emissions reductions achieved from the 

measures must be verifiable. 

iii. The measures must be enforceable. 

iv. Except as allowed by Sections 2442(g)(2), or 

2442(g)(3), no engine famities can exceed the 

emissions standards in 2442(b). 

v. The plan must include backstop provisions to be 

followed in the event that a measure or measures 

are not able to be fully implemented. 

2. If the manufacturer does not implement the plan as 

approved, the Executive Officer may rescind 

certification of the affected engine families until a 

revised plan is approved. 

(c) Not-to-Exceed (NTE) Limits 

24 
~ NTE limits are calculated for each pollutant as the product of the 

individual standard (STD) for that pollutant and the applicable NTE 

multiplier (M). The mathematical expression of this equation is 

"NTE Limit = (STD) X (M)." 

(A) (STD) is defined as either: 

1. the emission standard specified in Tables 1.1. 1.2, or 

2.1(a) of § 2442 for each pollutant for an en ine 

family not certified using averaging, or; 

2. the FEL (or corporate averaging eguivalent) for each 

pollutant for an engine familvi certified using any form 

of averaging. 

(B) (M) is defined as follows: 

1. For engine families certified with a catalvtic converter, 

the values listed in Table 2.3 below shall apply across 

the applicable zone specified in Part 1, section 20.. 

paragraph (c) of the incorporated Test Procedures; or 

Table 2.3 

NTE Multipliers for Catalyst-Eguipped Engines 

Pollutant Subzone 1 Subzone 2 

HC+NOx 1.50 1.00 

CO N/A 1.00 

2. For two-stroke engine families certified without a 

catalytic converter, the values listed in Table 2.4 

below shall apply. Compliance with the NTE Limits 

for these engine families shall be based on the 

weighted discrete mode emissions measurement 

method specified in Part I, section 20., paragraph (c) 

of the incorporated Test Procedures: or 

25 
Table 2.4 

NTE Multipliers for Two-Stroke Engines without Catalysts 

I Pollutant AII Test Points 

HC+NOx 1.2 

CO 1.2 

3. For all other enaine families that do not meet the 

criteria in (c)(1)(B)1. or (c)(1)(B)2. above, the values 

listed in Table 2.5 below shall applk across the 

applicable zone specified in Part I, section 20., 

paragraph (c) of the incorporated Test Procedures. 

Table 2.5 

NTE Multipliers for Four-Stroke Engines without Catalysts 

Pollutant Subzone 1 Subzone 2 

HC+NOx 1.40 1.60 

CO 1.50 1.50 

(2) Each NTE Limit shall be rounded to the same number of decimal 

places as the applicable standard in Tables 1.1, 1.2 or 2.1(a) of 

§ 2442 for each pollutant. 

(3)

from the 2009 model year. This may include models that were 

certified to federal reauirements only, so long as no new testing is 

procedures incorporated by reference in § 2447. 

(4) NTE limits do not apply to high perPormance enaines. 

(d) Voluntary Standards. Model Year 2009 and later spark-ignition marine 

enaines: 

§ 2444.2) shall display a five-star consumer/environmental emission label 

(see § 2443.2 and § 2443.3). 

90 
rOl 

Table 3 - Voluntary Standards 

HC ~ +NOX 

STANDARD 

CO 

STANDARD 

PERMEATION DIURNAL 

STANDARDZ STANDARDS 

rams er 

s uare meter erda rams r 

kilowatt-hourl 

rams r 

kilowatt-hourl 

ram er 

aallon per davl Hose3 Tank4 - 

2.50 50,0 15.0 1.5 0.4 

(3) Spark-ignition marine engines certified to the voluntary standards are 

shall be identical in specifications to the most stringent certified emissions 

watercraft and so longas the emissions performance of the new 

replacement engine is at least as stringent as that of the engine beina 

replaced. New replacement engines that do not comply with current vear 

emission reguirements must be labeled as follows: 

"SALE OR INSTALLATION OF THIS ENGINE FOR ANY 

PURPOSE OTHER THAN TO REPLACE AN ENGINE OF 

SIMILAR OR LESS STRINGENT EMISSIONS 

PERFORMANCE IS A VIOLATION OF CALIFORNIA LAW 

SUBJECT TO CIVIL PENALTY." 

kc4uf 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." 

(g) Special Provisioris for Engine and/or Vessel Manufacturers 

(1) Jet Boat Enpines 

27 
(A) Jet boat engine families previously certified to the HC+NOx 

standards for outboard enpines and personal watercraft in 

carbon monoxide standards for OB/PWC engines in 

Table 1.2. 

m 

§ 2442(b) upon introduction, except that these new jet boat 

engine families may be cross-category averaged with any 

otherjet boat or personal watercraft engine family to comply 

with those standards until 2012, 

1. Notwithstanding subparagraph 2. below, an engine family 

certified to the § 2442(a) standards prior to 2010 but not 

previousiy used in a jet boat application would be 

considered a new jet boat engine family in 2010. 

2. Replacements for discontinued jet boat engine farnilies. 

In 2010 and 2011, if a jet boat engine certified to the 

§ 2442(a) standards prior to 2010 is discontinued the 

the replacement engine family is certified to an FEL at or 

below the certified emissions level of the family it 

replaces. 

(C) Jet boat engines previously certified in the same engine 

family with personal watercraft engines must be certified 

separately and to a unigue engine family beginning in 2012. 

separately and to a unigue engine family beainning in 2010. 

(D) The OBD-M requirements in § 2444.2 would apply to new jet 

boat_engine families in 2010 and to all jet boat engine 

families in 2012. 

(2) Discontinuation of Marinized Sterndrive/Inboard Engines. 

Sternd rive/in board engine manufacturers who marinize base 

engines produced by another manufacturer may request a 

discontinuation allowance from the Executive Officer, subiect to the 

following: 

W. 
(A) The base engine manufacturer has announced that it plans 

to discontinue the base engine. 

(B) Each marinizer mav have a discontinuation allowance for 

only one engine family in effect at any time. As an 

necessarily limited to, the pre-marinized base configuration 

(C) The discontinuation allowance would allow the marinizing 

manufacturer to continue to certify the engine family to be 

discontinued to emission levels that are less stringent than 

the standards otherwise reguired for sterndrivelinboard 

engines in § 2442 (b) for a total of four modelyears, 

provided that on a corporate averape basis, the 

manufacturer meets the reguired standards in § 2442 (b). 

(D) Manufacturers shall not certifv engine families to emission 

component variation would not violate this prohibition unless 

the fluctuations result in an exceedance of the standards to 

which the engine family was previouslvi certified. 

(E) Manufacturers shall comply with all applicable OBD-M and 

evaporative reguirements in effect for: 

lm 

$ 2442 (b); and 

2. any current production engine family that has previously 

been certified with OBD-M or evaporative systems. 

(F) The applicable reguirements of §§ 2442(b)(3), 2443.1, and 

2443.2, includina averaging, records keepinq reporting, and 

(3) General Hardship Relief Provision 

ME 
that would result in extreme financial or technical hardship to the 

(A) The manufacturer could not have reasonably anticipated the 

situation for which relief is reauested and has substantiated 

that the circumstances resulting in the hardship were bevond 

its control to avert• and 

(B) The manufacturer has exhausted all existing relief provisions 

in trying to remedy the situation: and 

(C) The manufacturer has proposed an effective, implementable, 

and enforceable plan to make up for any emission benefits 

that would be lost should the requested relief be provided. 

~ Practices for Rebuildinp Engines. The rebuilding practices described in 

Part I, Section 7 of the incorporated test procedures shall apply to all 

spark-ignition marine engines subject to the reauirements of $ 2442 that 

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. 

m 
§ 2443.1. Emission Control Labels - Model Year 2001 and Later Spark-ignition 

Marine Engines. 

(a)

(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-inbeaKkarfd sterndrive/inboardmarine engines, 

which have been certified to the applicable emission standards 

pursuant to Health and Safety Code section 43013; 

(c) ' Engine Label and Location. 

«l 

(B) tnbeardand Sterndrive/InboardEngines. In selecting an 

acceptable location, the engine rnanufacturer 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 thaf 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 Iabel, the Executive Officer will determine a 

suitable location, 

(4) The engine label must contain the following information: 

(A) ~ « 

(B) The full corporate name or trademark of the engine 

manufacturer. 

0) 

1. An engine manufacturer may request the Executive 

Officer's approval to delete its name and trademark, and 

substitute the name and trademark of another engine 

31 
manufacturer, original equipment manufacturer or third-party 

distributor. 

R 

2. Approval under paragraph (4)(B)(41. above does not 

relieve the engine manufacturer granted an engine family 

Executive Order of any requirements imposed by these 

provisions on the applicable engines. 

W W W * * 

(D) Identification of the Exhaust and/or Evaporative Emission 

Control System(s) (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 Regulationsl. 

W W W * W 

(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+NO X 

ENGINE FAMILY EXHAUST EMISSION STANDARD IN 

CALIFORNIA." 

32 
(H) The engine and evaporative family identification (s) (i.e., 

engine and, where applicable evaporative family nameLsl). 

The engine and evaporative family identificationLsl shall be 

in accordance with the current formatLsl used by the United 

States Environmental Protection Agency. 

(d) For4abeard-and Sterndrivellnboard Engines used solely for Competition. 

(4) 

(B) The full corporate name or trademark of the engine 

manufacturer. 

kq 

1. An engine manufacturer may request the Executive. 

Officer's approval to delete its name and trademark, and 

substitute the name and trademark of another engine 

manufacturer, original equipment manufacturer or third-party 

distributor. . 

~ 

2. Approval under paragraph (4)(B)N}1. above does not 

relieve the engine manufacturer granted an engine family 

Executive Order of any requirements imposed by these 

provisions on the applicable engines. 

NOTE: Authoritycited: 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. 

33 
§ 2443.2. Consumer / Environmental Label Requirements. 

(a)

(b) Applicability. This section applies to: 

(1) Model year 2001 and later spark-ignition persona ► watercraft and 

outboard marine engines and model year 2003 and later 

spark-ignition inbeard-and sterndrive/inboard marine engines, 

which have been certified to the applicable emission standards 

pursuant to Health and Safety Code section 43013; 

(c)

(1) Facsimiles of the label format are shown in Figure 1. 

Figure 1 

~5Lr~ 

.~:.,.~~-.~..~ ~ ~ 

., ..... ... 

(NOTE: Labels are not to scale.) 

(A) The engine manufacturer must ensure that the label has the 

following characteristics: 

(4) 

1. Oval shape; 

R 

2. Dimensions of no less than three inches wide by two 

and a half inches high, except that it may be no less than 

34 
two inches by one and two-thirds inches high for engines 

that have power outputs of 11.2 kW (15 hp) or less; 

R 

3. Watermark 

fl) For all except five star labels.Aa 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 

ii For five star labels a colored or black and 

white watermark consisting of the central portion of 

the California State flag as shown in the five star label 

format in Figure 1. The waterntark must cover the 

entire label and be screened at no less than fifteen 

percent; and 

HM 

4. Ali 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)f13)(+)(d) c 1 BZ5_, 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 #ollowing notations (as applicable). 

E+3 

1. 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. 

35 
~ 

2. 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. 

t~ 

3. 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: 

OV) 

4., 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. 

5. An enqine that has an FEL or that has been certified 

at or below the hydrocarbon plus oxides of nitroaen standard 

listed in Table 1 of this section for Tier 5 must include the 

phras_e"LEVEL FIVE EXTREMELY CLEAN" and five star 

svmbols as shown in Figure 1 

Table 1 

Hydrocarbon plus Oxides of Nitrogen Standards (in g/kW-hr) 

Tier P< 4.3 P? 4.3 

1 81.00 (0.25 X (151+557/1309)) + 6.0 

2 64.80 (0.20 X(151+557/Po s)) + 4.8 

3 30.00 (0.09 x (151+557/P09)) + 2.1 

4 5.0 5.0 

5 2_5 2_5 

Where P means the average power in kW (sales-weighted) of the subject engine family. 

01 
~ 

6. AII 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){+}2. 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 permifted 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 

+nbeard and sterndrive/inboard 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 distarice of 100 feet. 

(5) For-Inboard-and Sterndrive/Inboard Marine Engines: 

(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 in 

accordance with the provisions in § 2442 (e) . 

37 
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. 

91 
§ 2443.3. Environmental Label/Consumer Notification Requirements. 

(a) Applicability. This section applies to model year 2001 and later sparkignition personal watercraft and outboard marine engines and model year 

2003 and later spark-ignition inbeardand sterndrive /inboard 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 aftached 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 aftached, by the seller, to each inbsard and 

sterndrive/inboard 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: 

The Star Label means Cleaner Marine Engines 

This engine has been certified as a: 

(<Check appropriate box.>) 

The Symbol for Cleaner Marine Engines: 

Cleaner Air and Water — for a healthier lifestyle and environment. 

Better Fuel Economy — burns up to 30 - 40 percent less gas and oil than 

conventional carbureted two-stroke engines, saving money and resources. 

Longer Emissions Warranty — protects consumer for worry free operation. 

39 
Back of Hang Tag: 

<facsimile of the one-star label> 

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. 

<facsimile of the two-star label> 

Two Stars — Very Low Emission 

The two-star Iabel 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. 

<facsimile of the three-star label> 

Three Stars — Ultra Low Emission 

The three-star label ideritifies 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. 

<facsimile of the four-star label> 

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 oomply with these standards. Engines meeting these standards have 

90% lower emissions than One Star — Low Emission engines. 

<facsimile of the five-star Iabel> 

Five Stars - Level Five Extremelv Clean 

The five-star label identifies enaines that meet the Air Resources Board's Voluntarv Standards 

for snark-ignition marine enaines. Enaines meeting these standards have 50% lower emissions 

than Four Stars — Super Ultra Low Emission engines. 

<White Space for dealer or manufacturer identification or additional 

information> 

Cleaner Watercraft — Get the Facts 

1-800-END-SMOG 

www.arb.ca.gov 

M1 
(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)(13)(41. and (iI)2. need to 

be displayed on the nonpermanent label until the earlier of: 

(3) For personal watercraft, facsimiles of only the "Low Emission 

Engine" and "Very Low Emission Engine" labels described in 

sections 2443.2(c)(1)(13)(41. and (02. need to be displayed on the 

nonpermanent label until the earlier of: 

/4 For anv spark-ignition marine engine or personal watercraft not 

certified to the voluntary standards in § 2442(d), facsimiles of oniv 

labels described in §& 2443.2(c)(1)(B)1. through 24412(c)(1)(13)4. 

need to be displayed on the nonpermanent label, except as 

permitted in (b)(2) and (b)(3) of this section: 

f44 

(5) AII textual information (i.e., characters and/or lettering) required by 

this section must be no smaller than two (2) millimeters in height. 

(c)

(d) Samples of all labels produced pursuant to this section must be submifted 

to the Executive Officer with the applicable certification application. The 

become illegible, damaged, or othenvise not intact at the time of sale, for a 

period of two years, when displayed under normal conditions. 

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. 

41 
§ 2444.1. In-Use Compliance Testing and Recall Regulations — Nlodel Year 

2001 and Later Spark-Ignition Marine Engines. 

(a) Applicability. This section applies to model year 2001 and later sparkignition 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~abeard-afld sternd rive/in board 

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)

(3) 

(B) 

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1. 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. 

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2. 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. 

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3. 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 fior that family must be tested. If this 

engine fails any standard, testing must.beconducted 

as outlined in paragraphs (b)(3)(B), as applicable. 

(E) 

WA 
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1. engine family production in California is less than or 

equal to 20 peryear; or 

N4 

2. 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 

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3. other compelling circumstances associated with the 

structure of the industry and uniqueness of sparkignition marine engine applications. Such alternatives 

shall be designed to determine whether the engine 

family is in compliance in-use. 

(F)

(G)

~4 

1. 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. 

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2. The engine manufacturer may perform minimal "setto-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. 

m 

43 
3. At least one valid emission test, performed according 

to the test procedures outlined in ParY IV of the Test 

Procedures is required for each in-use engine. 

f+v) 

4. The Executive OfPicer may waive portions or 

requirements of the test procedures, if any, that are 

not necessary to determine in-use compliance. 

m 

5. 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. 

(e) 

(4) Record keeping and Reporting Requirements. 

(A) 

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1. Engine family and emission recall campaign number 

designated by the engine manufacturer. 

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2. Date enginelwatercraft owner notification was begun, 

and date completed. 

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3. Number of engines involved in the voluntary or 

ordered recall campaign. 

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4. Number of engines known or estimated to be afFected 

by the nonconformity and an explanation of how this 

number was determined. 

(v) 

5. Number of engines inspected pursuant to the 

voluntary orordered recall plan. 

(V4) 

6. Number of inspected engines found to be affected by 

the nonconformity. 

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7. Number of engines receiving repair under the recall 

plan and a listing of these engines' engine 

identification numbers. 

(v44 

8. Number of engines determined to be ineligible for 

recall action due to removed or modified parts. 

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9. A copy of any service bulletins transmitted to dealers 

or other authorized repair facilities which pertain to the 

nonconformity to be corrected and that have not 

previously been reported. 

~ 

10. A copy of all communications transmitted to 

engine/watercraft owners that refate to the 

nonconformity and that have not previously been 

submitted. 

(B) If the engine manufacturer determines that any of the . 

information submitted pursuant to paragraph (4)(A) above 

has changed or was incorrect, revised information and an 

explanation must be submitted. Responses to subsections 

and (ix}g. above shall be 

cumulative totals. 

(C)

E+3 

1. To whom notification was given; 

0) 

45 
2. Whose engines were repaired or inspected under the 

recall plan; and 

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3. Whose engines were determined not to qualify for 

repair due to removed or modified components. 

(p) 

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. 

.. 
§ 2444.2. On-Board Engine Malfunction Detection System Requirements - 

Model Year 2007 and Later Spark-ignition-Inbeard-and 

Sternd rive/I n board Marine Engines. 

(a) (1) Engines certified under Option 1 of Section 2442(b)(1): 

AII 2007 and 2008 model year spark-ignition-iinbeafd-and standard 

performance sterndrive/inboard marine engines certified to the 

5.0 grams per kilowaft-hour HC+NOXstandard shall comply with the 

requirements for subsections (b) through (i) below, except as noted. 

For all 2009 model year and later spark-ignition4abeard--and 

standard perPormance sterndrive/inboard marine engines, the 

requirements in italics shall also apply. 

(2) Engines certified under Option 2 of Section 2442(b)(1): 

AII 2008-2009 model year spark-ignition inbeard-ard standard 

perFormance sternd rive/in board marine engines shall comply with 

the requirements for subsections (b) through (i) below, except as 

noted. For all 2010 model year and later spark-ignition standard 

performance inbeard aad sternd rive/i n board marine engines, the 

requirements in italics shall also apply. 

(3) High PerFormance Engines 

AII 2009-2010 model vear spark-ignition high performance 

This section shall be implemented according to the provisions of the 

following subsections or by means determined by the Executive OfPicer to 

be equivalent in meeting the requirements of this section. 

(b) General requirements. 

(1) Spark-ignition sterndrive-and-inbeard/inboard marine engines sold 

as new shall be equipped with an integrated malfunction detection 

and notification system, hereinafter known as On-bBoard 

Diagnostics-Marine (OBD-M) system, to identify emission=related 

malfunctions of the catalyst, fuel system, primary oxygen sensors 

used for feedback fuel control, secondary oxygen sensors (if 

47 
equipped) used for catalyst monitoring, computer-sensed 

comprehensive components, and the on-board computer itself, by 

means of diagnostic trouble codes stored in non-volatile computer 

memory. For this section, a computer-sensed comprehensive 

component is any electronic device that: 

(A) provides information to the on-board computer and 

significantly impacts emissions when malfunctioning; or 

(B) is used to enable or disable any other OBD-M monitoring 

strategy. 

' 

RIN

..- ~ ~ . . . -. - - •: ~ ~ 

. - -. -. . .- - . - - .- - . . . 

_ . .. ....Trr....._ .............._ ~_.«.~....,..~._.., .~r.... 

-• . - - .- -. -. . 

.. IWERMIRRIPRIMMIRM 

.. 

~ 1110 . . -. - .- 

. .- -. . • . .- . - -. 

. provide an equivalent .-. -- of catalyst protectioh . Otherwise 

-.. . of that subsection.- voluntary. 

.. 

(3) The OBD-M system shall not be required to detect any 

emissions-related malfunction that prevents the engine from 

starting. The OBD-M system shall not be required to monitor any 

emissions-related component or system if the only reliable way to 

accomplish such monitoring would either significantly impair 

48 
engine/vessel operability or decrease the safety involved with 

operating the engine/vessel. 

(4) ; OBD-M systems shall have the capability to activate an audio or 

visual alert device located on the marine vessel to inform vessel 

occupants in the event of a malfunction, and to transmit diagnostic 

information locally via a standardized data link connector. 

(5) Spark-ignition sterndrive-and-/inboard marine vessels shall be 

equipped with an audio alert device and/or visual alert device that is 

compatible with the activation function of the OBD-M system on the 

installed engine. 

(A) If equipped, the audio alert device shall provide sufficient 

volume and intensity to be readily perceptib1e to vessel 

occupants during normal modes of vessel operation and 

occupant activity, but shall not exceed applicable maximum 

noise levels as set by authorized federal or State agencies. 

Further, the audio alert device shall in no way impede the 

function of required sound-signaling devices, or other safetyrelated devices, already present on the vessel. The audio 

alert device shall sound briefly in the engine-run key position 

before engine cranking to indicate that the audio alert device 

is functional. 

(B) If equipped, the visual alert device shall provide sufficient 

activation and be located such that it is readily visible under 

normal lighting conditions, but shall in no way impede the 

function of any visual distress-signaling device, fog signal, or 

navigational light. The visual alert device shall activate in 

the engine-run key position before engine cranking to 

indicate that the visual alert device is functional and shall, 

when activated, display the phrase "Service Required" or an 

equivalent standardized phrase or symbol to be determined 

as specified in Subsection (h). 

(6) Malfunction thresholds for catalyst, misfire, fuel system, oxygen 

sensor, and computer-sensed comprehensive component 

diagnostics, shall be determined by the engine manufacturer. 

However, the engine manufacturer must demonstrate that the 

determination of these thresholds is sufficient for detecting 

emission-related malfunctions in a timely and meaningful manner 

subject to Executive Officer approval (see Subsection (f)(2)). 

(7) Regarding diagnostic system monitoring and audio/visual alert 

device activation requirements, engine manufacturers are required 

to define monitoring conditions that are representative of typical 

. .~ 
in-use operation, and which will result in the routine execution and 

completion of all OBD-M diagnostics in-use. 

(8) For model years 2007-2008 on engines complying with paragraph 

(a)(1) of this section,-and for model years 2008-2009 on engines 

complying with paragraph (a)(2) of this section, and for model vears 

2009-2010 on engines complving with paragraph (a)(3) of this 

section, activation of the audio/visual alert device upon detection of 

excessive engine misfire or a catalyst, fuel system, or oxygen 

sensor malfunction shall be optional. However, there are no 

exemptions from storing diagnostic trouble codes in non-volatile 

computer memory during these model years for any malfunction. 

The OBD-M must be capable of fully communicating stored 

information to a generic scan tool via the standardized data link 

connector. 

(9) , Engine manufacturers may employ alternate statistical audio/visual 

alert device activation and diagnostic trouble code storage 

protocols to those specified in these requirements, subject to 

Executive Officer approval, based on comparable timeliness in 

detecting a malfunction and evaluating system performance. 

(10) Should emission control devices/strategies be introduced on the 

engine in addition to those identified herein as requiring monitoring 

(e.g., exhaust gas recirculation)„the engine manufacturers shall 

notify the Executive Officer and submit a plan for monitoring the 

new device/strategy prior to its incorporation into the OBD-M 

system. This would not apply to carbon canisters, non permeable 

fuel tanks, or low-permeation hoses sheuld they be used to comply 

with the 

evaporative reguirements for high performance engines in 

§ 2442(b)(2), the Option 2 requirements for standard performance 

engines in § 2442(b)(4), or the alternative reguirements for large 

(11) Engine manufacturers may request Executive Officer approval to 

disable any diagnostic strategy at ambient engine starting 

temperatures below forty (40) degrees Fahrenheit (low ambient 

temperature conditions may be determined based on intake air or 

engine coolant temperature at engine starting), and at elevations 

above six thousand five hundred (6,500) feet above sea level 

provided the engine manufacturer submits data and/or an 

engineering evaluation which adequately demonstrate that 

monitoring would be unreliable when such conditions exist. 

Notwithstanding, diagnostic system disablement may be requested 

at other ambient engine starting temperatures if the engine 

manufacturer adequately demonstrates with data and/or an 

50 
engineering evaluation that misdiagnosis would occur due to the 

impact of such ambient temperatures on the performance of the 

component itself. 

(12) Engine manufacturers may disable individual monitors that can be 

afPected by running out of fuel, provided disablement will not occur 

when the fuel level is above fifteen percent of the nominal capacity 

of the fuel tank. 

(13) The Executive Officer may grant an extension for compliance with 

the requirements of this section, with respect to an engine model or 

engine family, if the engine manufacturer demonstrates that a 

present electronic control system cannot be modified in time for the 

2007,-or 2008 . or 2009 model year, as applicable per subsection (a) 

of this section, because major design changes, not consistent with 

the engine manufacturer's projected changeover schedule, would 

be needed to comply with the provisions of the regulation. The 

period of extension shall not exceed that period of time necessary 

to enable modification of the electronic control system in 

accordance with the engine manufacturer's projected changeover 

schedule, or a period of two years, whichever first occurs. Engine 

manufacturers requesting an extension shall, no later than six 

months prior to the applicable model year, submit to the Executive 

Officer a written request for exemption, sefting forth the required 

demonstration and specifying the period for which the extension is 

requested. 

(14) AII engines certified to the 5.0 gram per kilowaft-hour faFMHC+NO x 

standard, including those engines certified using the corporate 

averaging provisions in 2442(b) and discontinuation allowance in 

2442 2, must be equipped with OBD-M for the engine's 

emission-related components. Notwithstanding, current production 

engines not vet reguired to possess an OBD-M svstem would not 

be reguired to incorporate OBD-M under the discontinuation 

allowance until the allowance had expired. 

(c) Monitoring requirements. 

(1) Catalyst monitoring. 

(A) Purpose and scope: 

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1. The diagnostic system shall monitor the catalyst 

system on spark-ignited marine engines to ensure 

that the performance of the catalyst has not been 

compromised due to engine misfire or other factors 

that can decrease catalyst durability. 

51 
~ 

. 

2. Manufacturers of spark-ignited lean-burn marine 

engines may request that the Executive Officer 

exempt such applications from these catalyst 

monitoring requirements if it can be demonstrated 

that a reliable monitoring technology is not available 

The Executive Officer shall approve such a request 

upon determining that all reasonable monitoring 

technologies have been considered to the extent 

possible. 

(B) Malfunctioniag criteria: 

0) 

1. The catalyst system shall be considered 

malfunctioning when the temperature of the 

measured catalyst(s) exceeds a threshold value, as 

determined by the engine manufacturer, indicating 

abnormally high operating temperature; or when the 

catalyst temperature fails to reach a minimum value, 

as determined by the engine manufacturer, indicating 

"light-ofr' of the catalyst after a manufacturerspecified time interval has elapsed. 

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2. Subject to executive officer approval, alternate 

malfunction criteria (e.g., correlating oxygen sensor 

frequencies to catalyst conversion efficiency) may'be 

employed by the engine manufacturer if the alternate 

criteria are appropriate and would provide for 

enhanced monitoring capability. 

(C) Monitoring conditions: 

0) 

1. The engine manufacturer shall define conditions for 

monitoring the catalyst with the constraints that the 

check shall: 

a. be conducted at the earliest acceptable 

opportunity encountered after the beginning of 

each operating cycle; and 

b. the monitoring system shall operate at least 

once per in-use operating cycle during which 

the engine manufacturer-defined monitoring 

conditions are met. 

52 
(D) Malfunction}ng notification and diagnostic trouble code 

storage: 

0 

1. Upon detection of a catalyst malfunction, the 

audio/visual alert device shall be activated and a diagnostic 

trouble code stored no later than the end of the next 

operating cycle during which monitoring occurs provided the 

malfunction is again present. 

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2. The diagnostic system shall temporarily disable 

catalyst monitoring when a malfunction exists that could 

affect the proper evaluation of catalyst efficiency. 

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3. The monitoring method for the catalyst(s) shall be 

capable of detecting when a catalyst trouble code has been 

cleared (except diagnostic system self-clearing), but the 

catalyst has not been replaced (e.g., catalyst 

over_temperature approaches may not be acceptable). 

(2) Fuel system monitoring. 

(A) Purpose and scope: 

The diagnostic system shall monitor the fuel delivery system 

for its ability to dynamically adjust fuel delivery. 

(B) Malfunction criteria: 

The engine manufacturer shall establish malfunction criteria 

to monitor the fuel delivery system. If the engine is equipped 

with fuel trim circuitry, the engine manufacturer shall include 

as one of the malfunction criteria the condition where the 

trim circuitry has used up all of the trim adjustment allowed 

within the engine manufacturer's selected limit(s). Engine 

manufacturers may compensate the criteria limit(s) 

appropriately for changes in altitude or for other similar 

identifiable operating conditions when they occur. 

(C) Monitoring conditions: 

The fuel system shall be monitored continuously for the 

presence of a malfunction. 

(D) Malfunction notification and diagnostic trouble code storage: 

F'fc3 
H3 

1. For fuel systems with short-term trim only capability, 

the diagnostic system shall store a diagnostic . trouble 

code after the fuel system has attained the criteria 

limit for an engine manufacturer-defined time interval 

sufficient to determine a malfunction. If the 

malfunction criteria limit and time interval are 

exceeded, the audio/visual alert device shall be 

activated and a diagnostic trouble code stored no 

later than the end of the next operating cycle in which 

the criteria and interval are again exceeded; unless 

operating conditions similar to those under which the 

problem was originally detected 

(man ufactu rer-defined conditions) have been 

encountered without such an exceedance, in which 

case the initial temporary code and stored conditions 

may be erased. Furthermore, if similar operating 

conditions are not encountered during forry (40) 

operating cycles subsequent to the initial detection of 

a malfunction, the initial temporary code and stored 

conditions may be erased. 

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2. . For fuel systems with long-term fuel trim capability, 

upon aftaining a long-term based malfunction criteria 

limit independent of, or in combination with, the 

short-term trim system status, the audio/visual alert 

device shall be activated and a diagnostic trouble 

code stored no later than the end of the next 

operating cycle if the malfunction is again detected. If 

the malfunction is not detected during the second 

operating cycle, the audio/visual alert device shall be 

activated and a diagnostic trouble code stored no 

later than the next operating cycle.in which the 

malfunction is again detected; unless operating 

conditions similar to those under which the problem 

was originally detected (man ufactu rer-defined 

conditions) have been encountered without an 

indication of a malfunction, in which case the initial 

temporary code and stored conditions may be 

erased. Furthermore, if similar operating conditions 

are not encountered during forty (40) operating cycles 

subsequent to the initial detection of a malfunction, 

the initial temporary code and stored conditions may 

be erased. 

(3) Oxygen sensor monitoring. 

54 
(A) Purpose and scope: 

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1. The diagnostic system shall monitor the output 

voltage and response rate of all primary (fuel control) 

oxygen (lambda) sensors for malfunction. It shall also 

monitor secondary oxygen sensors when used as a 

monitoring device for proper output voltage and/or 

response rate. Response rate is the time required for 

the oxygen sensor to switch from lean-to-rich once it 

is exposed to a richer than stoichiometric exhaust gas 

mixture br from rich-to-lean when exposed to a leaner 

than stoichiometric exhaust gas mixture. As a 

precaution, measuring oxygen sensor switching 

frequency may not be an adequate indicator of 

oxygen sensor response rate, particularly at low 

speeds. 

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2. Either the lean-to-rich or both the lean-to-rich and 

rich-to-lean response rates shall be checked. 

Response rate checks shall evaluate the portions of 

the sensor's dynamic signal that are most affected by 

sensor malfunctions such as aging or poisoning. 

Engine manufacturers may observe the voltage 

envelope of the sensor when cycled at a frequency of 

1.5 Hertz or greater, as determined by the engine 

manufacturer, to evaluate a slow response rate 

sensor (i.e., a slow sensor cannot achieve maximum 

and/or minimum voltage as will a good sensor, given 

a properly chosen switching frequency and fuel step 

change for the check). With Executive OfPicer 

approval, engine manufacturers may use alternative 

parameters to comply with this requirement such as 

voltage ranges and fuel-air switching frequencies 

based on a determination that the modifications will 

result in an accurate and timely evaluation of the 

sensor. 

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3. For sensors with different characteristics, the engine 

manufacturer shall submit data and an engineering 

evaluation to the Executive Officer for approval based 

on showing equivalent evaluation of the sensor. 

(B) Malfunction criteria: 

55 
An oxygen sensor shall be considered malfunctioning when 

the voltage, response rate, or other criteria, as determined 

by the engine manufacturer, are exceeded, or when sensor 

output characteristics are no longer sufficient (e.g., lack of 

sensor switching) for use as a diagnostic system monitoring 

device (e.g., for catalyst efficiency monitoring). 

(C) Monitoring conditions: 

(+} 

1. The engine manufacturer shall define conditions for 

monitoring the oxygen sensor(s) with the constraints 

that the check shall: 

a. be conducted at the earliest acceptable 

opportunity encountered after the beginning of 

each operating cycle; and 

b. operate at least once per in-use operating 

cycle during which the engine 

manufacturer-defined monitoring conditions are 

met. 

(+i} 

2. For primary oxygen sensors(s) used for fuel control, 

the response rate and output voltage shall be 

rimonitored for malfunction after the engine has 

commenced closed-loop operation. If the oxygen 

sensor(s) is used as part of the monitoring strategy for 

the catalyst, the oxygen sensor(s) diagnostics should 

be scheduled to execute before the catalyst 

diagnostics begin. 

(D) Malfunction notification and diagnostic trouble code storage: 

Upon detection of any oxygen sensor malfunction, the 

diagnostic system shall store a diagnostic trouble code and 

the audio/visual alert device shall activate no later than the 

end of the next operating cycle during which monitoring 

occurs provided the malfunction is again present. 

(4) Computer-sensed comprehensive component monitoring. 

(A) Purpose and scope: 

The diagnostic system shall monitor for malfunction any 

computer-sensed electronic engine components not 

otherwise described in this subsection that provide input to 

61,09, 
(directly or indirectly) the on-board computer, and that~} 

can affect emissions during any reasonable in-use operating 

condition; or-2} are used as part of the diagnostic strategy for 

any other monitored system or component. 

(i3 

1. The monitoring system shall have the capability of 

detecting, at a minimum, lack of circuit continuity and out of 

range values to ensure proper operation of the input device: 

The determination of out of range values shall include logic ' 

evaluation of available information to determine if a 

component is operating withfn its normal range (e.g., a low 

throttle position sensor voltage would not be reasonable at a 

high engine speed with a high mass airflow sensor reading). 

To the extent feasible, said logic evaluation shall be "twosided" (i.e., verify a sensor output is not inappropriately high 

or low). 

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2. Computer-sensed comprehensive components may 

include, but are not limited to, the engine speed sensor, 

crank angle sensor, knock sensor, throttle position sensor, 

coolant temperature sensor, cam position sensor, and other 

electronic components such as sensors and fuel injectors. 

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3. The coolant temperature sensor shall be monitored 

for achieving a stabilized minimum temperature levet that is 

needed to achieve closed-/oop operation within an engine 

manufacturer-specified time interval after starting the engine. 

The time interval shall be a function of starting engine 

coolant temperature and/or a function of intake air 

temperature. Engine manufacturers may suspend or delay 

the diagnostic if the engine is subjected to conditions which 

could lead to false diagnosis (e.g., engine operation at idle 

for more than 50 to 75 percent of the warm-up time). 

(B) Malfunction criteria: 

Computer-sensed comprehensive components shall be 

considered malfunctioning when, at a minimum, lack of 

circuit continuity or engine manufacturer-specified 

out-of-range values occur. 

(C) Monitoring conditions: 

Computer-sensed components shall be monitored 

continuously for proper range of values and circuit continuity. 

57 
For rationality rnonitoring (where applicable), engine 

manufacturers shall define appropriate operating conditions 

that are representative of typical in-use operation and will 

result in the routine executiori and completion of all 

diagnostics in-use. Rationality monitoring shall occur at 

least once per operating cycle during which the engine 

manufacturer-deflned monitoring conditions are met. 

(D) Malfunction notificafion and diagnostic trouble code storage: 

Upon detecting a malfunction, the diagnostic system shall 

store a diagnostic trouble code and activate the audio/visual 

alert device no later than the end of the next operating cycle 

during which monitoring occurs provided the malfunction is 

again detected. 

(5) Misfire monitoring. 

(A) Purpose and scope: 

The diagnostic system shall identify the occurrence of 

engine misfire that can result in damage to the catalyst 

system. Identification of the misfiring cylinder is not 

required, however all pafterns of misfire must be identified 

regardless of whether it occurs in a single or multiple number 

of cylinders. 

(B) Malfunctioning criteria: 

The diagnostic system shall identify a malfunction when the 

total number of misfires evaluated in 200 

crankshaft-revolution increments for each engine speed and 

load condition exceeds a percentage (determined by the 

engine manufacturer to cause damage to the catalyst 

system) of the total number of firing events in each 

increment. These threshold percentages shall be provided 

in the certification documentation. Subject to Executive 

Officer approval, an interval longer than 200 

crankshaft-revolutions may be used. The engine 

manufacturer shall submit in the certification documentation 

catalyst temperature data versus percent misfire over the full 

range of engine speed and load conditions. Alternatively, 

catalyst temperature data may be submifted for every 

500 rpm increment along the Propeller Law curve beginning 

U~3 
at engine idle and continuing throughout the "Not to Exceed 

Zone" for marine propulsion engines with Fixed- and 

Variable-pitch propellers, as defined in 40 CFR, section 

94.106, (July 1, 2001), which is incorporated by reference 

herein. The data shall be obtained from a representative 

cross section (from small to large displacements) of an 

engine manufacturer's production. Up to three such engine 

evaluations shall be documented per engine manufacturer, 

though an engine manufacturer may submit more data, if 

desired. An engineering evaluation shall be provided for 

establishing malfunction criteria for the remainder of engine 

families in the engine manufacturer's product line. The 

Executive Officer shall waive the evaluation requirement 

each year if, in the judgment of the Executive Officer, 

technological changes do not affect the previously 

determined malfunction criteria. 

(C) Monitoring conditions: 

(4 

1. Monitoring for misfire shall be continuous from engine 

starting under all steady-state positive torque engine 

speeds and load conditions. 

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2. As an exception to monitoring misfire during all 

positive torque operating conditions, engine 

manufacturers may disable misfire monitoring in the 

engine operating region bound by the positive torque 

line (i.e., engine load with the transmission in neutral), 

and the two following engine operating points: 

a. an engine speed of 3,000 rpm with the engine 

load at the positive torque line; and 

b: the redline engine speed (defined in section 

2441) with the engine's manifold vacuum at 

four inches of inercury lower than that at the 

positive torque line. 

Misfire detection systems unable to detect all misfire 

patterns under all required conditions shall be 

evaluated for compliance by the Executive Officer 

based on, but not limited to, the following factors: 

C. the magnitude of the region(s) in which misfire 

detection is limited, 

» '~'7 
the degree to which misfire detection is limited 

in the region(s) (i.e., the probability of detection 

of misfire events), 

e. the frequency with which said region(s) are 

expected to be encountered in-use, 

the type of misfire patterns for which misfire 

detection is troublesome, and 

g. demonstration that the monitoring technology 

employed is not inherently incapable of 

detecting misfire under required conditions 

(i.e., compliance can be achieved on other 

engines). 

The evaluation shall be based on the following misfire 

patterns: 

h. equally sp2ced misfire occurring on randomly 

selected cylinders, 

single cylinder continuous misfire; and 

paired cylinder (cylinders firing at the same 

crank angle) continuous misfire. 

Further, with Executive Officer approval, the engine 

manufacturer may disable misfire monitoring or 

employ higher malfunction criteria when misfire 

cannot be distinguished from other effects (e.g., 

turbulence causing the propeller to alternately emerge 

from then re-submerge into the water.) when using 

the best reasonably available monitoring technology. 

The engine manufacturer shall present data and/or an 

engineering evaluation to the Executive Officer to 

justify the proposed action. Executive Officer 

approval shall be based on the extent to which 

monitoring is expected to be disabled in relation to the 

capabilities of the best available monitoring 

technologies as applied to other engines. However, 

any such disablement occurring within the first 

5 seconds after engine starting shall not require 

Executive Officer approval. Additionally, for engines 

with greater than eight cylinders, the Executive Officer 

shall waive the requirements of this sectiorr provided 

the engine manufacturer submits data and/or an 

engineering evaluation which adequately 

We 
demonstrates that misfiYe detection throughout the 

required operating region cannot be achieved when 

employing proven monitoring technology (i.e., a 

technology that provides for compliance with these 

requirements on other engines) and provided misfire 

is detected to the fullest extent permifted by the 

technology. 

(D) Malfunction notification and diagnostic trouble code storage: 

~ 

1. Upon detection of the level of misfire specified in 

subsection (b)(5)(B) above, the following criteria shall 

apply for audio/visual alert device activation and 

diagnostic trouble code storage: 

a. A temporary diagnostic trouble code shall be 

stored no later than after the third exceedance 

of the specified misfire level when operating in 

the region bound by modes 2 through 5 of the 

spark-ignition marine engine test cycle and no 

later than after the first exceedance of the 

specified misfire level when operating at any 

other engine speed and load condition during a 

single operating cycle. If the level of misfire is 

exceeded again (a single exceedance) during 

the following operating cycle, or the next 

operating cycle in which similar conditions are 

encountered (manufacturer defined 

conditions), the audio/visual alert device shall 

activate, a diagnostic trouble code shall be 

stored, and the audio/visual alert device shall 

remain continuously activated, even if the 

misfire ceases. The initial temporary code and 

stored conditions may be erased if misfire is 

not detected during the following operating 

cycle and similar conditions have been ' 

encountered without an exceedance of the 

specified misfire level. The code and 

conditions may also be erased if similar 

operating conditions are not encountered 

during forty operating cycles subsequent to the 

initial detection of a malfunction. 

b. Notwithstanding, in engines that provide fuel 

shutoff and default fuel control to prevent over 

fueling during misfire conditions, the 

audio/visual alert device need not activate 

61 
provided that the fuel shutoff and default 

control shall be activated as soon as misfire is 

detected. Fuel shutoff and default fuel control 

may be deactivated only to permit fueling 

outside of the misfire range. 

(d) Additional audio/visual alert device activation and diagnostic trouble code 

storage protocol. 

(1) Audio/visual alert device activation: For all emission-related 

components/systems, upon final determination of a malfunction, the 

OBD-M system shall activate an audio or visual alert device. 

(A) If so equipped, visual alert devices shall remain activated 

continuously whenever a malfunction has been identified by 

the OBD-M system, and may be deactivated only according 

to the provisions in paragraph (2) below, or with a scan tool 

after appropriate repairs have been effected. 

(B) If so equipped, audio alert devices may remain activated 

continuously when a malfunction has been identified by the 

OBD-M system; however, the Executive Officer shall 

consider alternative strategies in which the audio alert is 

activated on a discontinuous, but repetitive, basis. To be 

acceptable, discontinuous audio alert strategies must convey 

a sense of urgency to vessel operators regarding the 

presence of OBD-M malfunctions. 

Upon fulfillment of the standardization processes referred to in 

subsection (g) below, a protocol for audio alert device activation 

shall be specified authorizing only discontinuous activation. A 

standardized notification format is necessary to facilitate consumer 

association of the audio alert paftern with the identification of an 

OBD-M malfunction independent of manufacturer or platform. 

OBD-M system designers are encouraged to cooperate fully with 

each other and the ARB early on in this endeavor to minimize the 

redesigning of OBD- M audio alert activation algorithms once a 

standardized protocol has been finalized. 

(C) The diagnostic system shall store a diagnostic trouble code 

whenever the audio/visual alert device is activated. The 

diagnostic system shall activate the audio/visual alert device 

and shall store a diagnostic trouble code whenever the 

engine enters a default or'9imp home" mode of operation. 

The diagnostic system shall activate the audio/visua) alert 

device and shall store a diagnostic trouble code whenever 

the engine control system fails to enter closed-loop operation 

C:3!a 
(if employed) within an engine manufacturer specified 

minimum time interval. 

(2) Audio/visual alert device deactivation: 

(A) Misfire and Fuel System Malfunctions: For misirre or fuel 

system malfunctions, the audio/visual alert device may be 

deactivated if the fault does not recur when monitored during 

three subsequent sequential operating cycles in w,hich 

conditions are similar to those under which the malfunction 

was first determined. 

(B) AII Other Malfunctions: For all other faults, the audio/visual 

alert device may be deactivated after three subsequent 

sequential operating cycles during which the monitoring 

system responsible for activating the audio/visual alert 

device functions without detecting the malfunction and if no 

other malfunction has been identified that would 

independently activate the audio/visual alert device 

according to the requirements outlined above. 

(3) Erasing a diagnostic trouble code: The diagnostic system may 

erase a diagnostic trouble code. if the same fault is not re-registered 

in at least forty. (40) engine warm-up cycles, and the audio/visual 

alert device is not activated for that diagnostic troiible code. 

(e) Tampering protection: Computer-coded engine operating parameters shall 

not be changeable without the use of specialized tools and procedures 

(e.g. soldered or potted computer components ot sealed (or soldered) 

computer enclosures). Subject to Executive Officer approval, engine 

manufacturers may exempt from this requirement those product lines that 

are unlikely to require protection. Criteria to be evaluated in making an 

exemption include, but are not limited to, current availability of 

performance chips, high performance capability of the engine, and sales 

volume. 

(f) Certification documentation: The engine manufacturer shall submit the 

following documentation for each engine family at the time of certification. 

With Executive Officer approval, one or more of the documentation 

requirements specified in this section may be waived or altered if the 

information required would be redundant or unnecessariEy burdensome to 

generate: 

(1) A written description of the functional operation of each monitoring 

strategy within the diagnostic system. 

63 
(2) A table providing the following information for each monitored 

component or system (either computer-sensed or -controlled) of the 

emission control system: 

(A) corresponding diagnostic trouble code. 

(B) monitoring method or procedure for malfunction detection. 

(C) primary malfunction detection parameter and its type of 

output signal. 

(D) fault criteria limits used to evaluate output signal of primary 

parameter. 

(E) other monitored secondary parameters and conditions (in 

engineering units) necessary for malfunction detection. 

(F) monitoring time length and frequency of checks. 

(G) criteria for activating the audio/visual alert device. 

(3) A logic flowchart describing the general method of detecting 

malfunctions for each monitored emission-related component or 

system. To the extent possible, abbreviations in SAE J1930 

"Electrical/Electronic Systems Diagnostic Terms, Definitions, 

Abbreviations, and Acronyms," May 1998, shall be used. J1930 is 

incorporated by reference herein. The information required in the 

s#art table under (2) above may instead be included in this flow 

chart, provided all of the information required in (2) is included. 

(4) A listing and block diagram of the input parameters used to 

calculate or determine calculated load values and the input 

parameters used to calculate or determine fuel trim values. 

(5) Any other information determined by the Executive Officer to be 

necessary to demonstrate compliance with the requirements of this 

section. 

(g) Confirmatory testing: The ARB may perform confirmatory testing of engine 

manufacturers' diagnostic systems for compliance with requirements of 

this section in accordance with malfunction criteria submitted in the engine 

manufacturer's approved certification documentation. The ARB or its 

designee may install appropriately deteriorated or malfunctioning 

components in an otherwise properly functioning test engine (or simulate a 

deteriorated or malfunctioning component response) in order to test the 

fuel system, oxygen sensor, catalyst system, and misfire (if applicable) 

monitors for compliance with the applicable constraints in this section. 

L-Ti 
Diagnostic systems of a representative sample of engines that uniformly 

fail to meet the requirements of this section may be recalled for correction. 

.. . • - - 

' - - - - 

~ •• „ 

Ma • - 

- • •. • -•. • • • _• • • • - •• • 

•UOTIYOTns • • lslolma- •i ~ - 

• •• _ - - •. • -• • - • •- -• - • • 

conventions referenced elsewhere in this section. Manufacturers mav 

petition the Executive Officer to use updated versions of the referenced 

standardized conventions or the temporarv employment of alternative 

conventions under the provisions of § 2442(g)(3). 

(i) Implementation schedule. 

(1) These OBD-M requirements, unless otherwise specified, shall be 

implemented beginning with the 2007 model year for engines 

complying with (a)(1) of this section, and-with the 2008 model year 

for engines complying with (a)(2) of this section, and virith the 2009 

model year for engines complying with (a)(3) of this section. 

(2) AII engine manufacturers shall meet these OBD-M requirements by 

the 2009 model year for engines complying with (a)(1) of this 

section, and-the 2010 model year for engines complying with (a)(2) 

of this section, and the 2011 model year for engines complying with 

(a)(3) of this section. 

(3) The Executive Officer, upon receipt of an application from the 

engine manufacturer, may certify the engines in question even 

though said engines may not comply with one or more of the 

requirements of these subsections. Such certification is contingent 

upon the extent to which these requirements are satisfied overall on 

the engine applications in question and a demonstrated good-faith 

effort to meet these requirements in full by evaluating and 

considering the best available monitoring technology. Each 

incident of non-compliance will be recorded as a deficiency. 

(A) Engine manufacturers of non-complying systems shall be 

subject to fines pursuant to section 43016 of the California 

Health and Safety Code for each deficiency identified subject 

to the following limitations: 

65 
4+3 

1. The specified fines shall apply to the third and 

subsequently identified deficiencies; with the 

exception that fines shall apply to all monitoring 

system deficiencies wherein a required monitoring 

strategy is completely absent from the OBD-M 

system; and 

R 

2. Engine manufacturers may not carry over monitoring 

system deficiencies formore than two model years 

unless it can be adequately demonstrated that 

substantial engine hardware modifications and 

additional lead time beyond two years would be 

necessary to correct the deficiency, in which case the 

deficiency may•be carried over for three model years: 

(B) For the third deficiency and every deficiency thereafter 

identified in an engine model, the fines shall be in the 

amount of $25 per deficiency per engine for non-compliance 

with any of the monitoring requirements specified in this 

section. Total fines per engine under this section shall not 

exceed $250 per engine and shall be payable to the State 

Treasurer for deposit in the Air Pollution Control Fund. 

NOTE: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43104, and 

44036.2, Health and Safety Code; Sections 27156 and 38395 Vehicle Code. 

Reference: Sections 39002, 39003, 39667, 43000, 43004, 43008.6, 43013, 43016, 

43018;43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and 44036.2, 

Health and Safety Code; Sections 27156, 38391, and 38395, Vehicle Code: 

.. 
§ 2445.1. Defects Warranty Requirements for 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, and to 

model year 2003 and later spark-ignition-inbeard-aad sterndrive/inboard 

marine engines. The warranty period begins on the date the engine or 

equipment is delivered to an uitimate purchaser or first placed into service 

(e.g., a demonstration engine or watercraft). 

(b)

(c) « ~ 

(1) For model year 2001 and later spark-ignition personal watercraft 

and outboard marine engines, a period of 4 years or 250 hours of 

use, whichever first occurs-f+rst. 

(2) For model year 2003-2005 spark-ignitionanbeard and 

stetndrive/inboard marine engines, a period of 2 years. 

(3) For model year 2006 and later spa rk-ig nition-inbeard-and 

sterndrive/inboard marine engines: 

(e) 

t~ 

(10) Evaporative System 

(A) Carbon Canister(s) 

(B) Fuel Tank(s) 

(C) Purpe Valve(s) 

(11) Miscelianeous Items Used in Above Systems 

(A) Hoses, clamps, fittings, tubing, sealing gaskets or devices, 

and mounting hardware 

(B) Pulleys, belts and idlers 

(C) Vacuum, temperature, check, and time sensitive valves and 

switches 

(D) Electronic Controls 

67 
(g) Exclusions. 

(2) Engine manufacturers must warrant engines for the yearly warranty 

period specified in paragraph (c). For Outboard and Personal 

Watercraft engines ;and for+nbeard/sterndrive/inboard engines 

greater than 485 kilowatts, manufacturers may warrant engines for 

the hour warranty period if the engines: 

(A) are equipped with hour meters; (an ECM-integrated hour 

meterfor+nbeard/sterndrive/inboard 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. 

, 

. . : 
§ 2445.2. Emission Control Warranty Statements. 

(a) Each engine manufacturer must provide a verbatim copy of the following 

statement with each new 2001 model year and later spark-ignition 

personal watercraft and outboard marine engine and with each new 2003 

model year and later spark-ignition-inbeard-ane sterndrive/inboard marine 

engine, using those portions of the statement applicable to the engine. 

CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT 

YOUR WARRANTY RIGHTS AND OBLIGATION8 

The California Air Resources Board (and engine manufacturer's name, 

optional) is (are) pleased to explain the emission control system warranty 

on your (model year)('+nbeard;sterndrive/inboard , outboard, or personal 

watercraft) engine. In California, neW (inbeard ;sternd rive/in board , 

outboard, or personal watercraft) engines must be designed, built and 

equipped to meet the State's stringent anti-smog standards. (Engine 

manufacturer's name) must warrant the emission control system on your 

(+nbeard;sterndrive/inboard , outboard, or personal watercraft) engine for 

the periods of time listed below provided there has been no abuse, neglect 

or improper maintenance of your (iabsard ;sterndrive/inboard , outboard or 

personal watercraft) engine. 

Your emission control system may include parts such as the carburetor or 

fuel injection system, the ignition system, and catalytic converter. Also 

included may be hoses, belts, connectors and other emission-related 

assemblies. 

Where a warrantable condition exists, (engine manufacturer's name) will 

repair your (+nbeard;sterndrive/inboard, outboard or personal watercraft) 

engine at no cost to you, including diagnosis, parts and labor. 

MANUFACTURER'S WARRANTY COVERAGE; 

(For spark-ignition personal watercraft and outboard marine engines:) 

Select emission control parts from model year 2001 and later (outboard or 

personal watercraft) engines are warranted for 4 years, or for 250 hours of 

use, whichever first occurs-fifst. 

(For 2003 - 2005 spark-ignition inbeard and sterndrive /inboard marine 

engines:) 

Select emission control parts from model year 2003 - 2005 (inbeard or 

sterndrive/inboard) engines are warranted for 2 years. 

:• 
(For 2006 - 2008 spark-ignition iabeard aad sterndrive/inboard marine 

engines certified according to Option 1 in Section 2442(b)(1):) 

Select emission control parts from model year 2006 - 2008 (+nbeard-®r 

sterndrive/inboard ) engines are warranted for 2 years. 

(For 2006 - 2007 spark-ignition inbeard and sterndrive /inboard marine 

engines certified according to Option 2 in Section 2442(b)(1):) 

Select emission control parts from model year 2006 - 2007 (+nbeard ar 

sterndrive/inboard ) engines are warranted for 2 years. 

(For 2008 spark-ignition iaboard and sterndrive /inboard marine engines 

certified according to Option 2 in Section 2442(b)(1):) 

Select emission control parts from model vear 2008 (+nboard er 

sternd rive/in board) engines are warranted for 3 years or 480 hours, 

whichever first occurs. 

(For 2009 and later spark-ignition iRbeard and sterndrive/inboard marine 

engines 373 kilowatts and less:) 

Select emission control parts from modelyear 2009 and later (inbeard-er 

sternd rive/in board ) engines are warranted for 3 years or 480 hours, 

whichever first occurs. 

(For 2009 and later spark-ignition inbeard and sterndrive/inboard marine 

engines greater than 373 kilowatts, but less than or equal to 485 

kilowatts:) 

Select electronic emission-related control parts from model year 2009 and 

later (inbeard er sterndrive/iriboard engines are warranted for 3 years or 

480 hours, whichever first occurs. Select mechanical emission-related 

components are warranted for 3 years or 150 hours of operation, 

whichever first occurs. 

(For 2009 and later spark-ignition 'nbeard-and sterndrive /inboard marine 

engines greater than 485 kilowatts:) 

Select electronic emission-related control parts from model year 2009 and 

later (iebeard-or sternd rive/in board ) engines are warranted for 3 years or 

480 hours, whichever first occurs. Select mechanical emission-related 

components are warranted for 1 year or 50 hours of operation, whichever 

first occurs. 

However, warranty coverage based on the hourly period is only permitted 

for engines that are equipped with hour meters as defined in s 2441(a)(13) 

or their equivalent. If any emission-related part on your engine is 

defective under warranty, the part will be repaired or replaced by (engine 

manufacturer's name). 

70 
OWNER'S WARRANTY RESPONSIBILITIES: 

— As the (+nbeard;sterndrive/inboard , outboard or personal watercraft) 

engine owner, you are responsible for the performance of the required 

maintenance listed in your owner's manual. (Engine manufacturer's 

name) recommends that you retain all receipts covering maintenance on 

your (int3eaFd;sterndrive/i n board , outboard or personal watercraft) engine, 

but (engine manufacturer's name) cannot deny warranty solely for the lack 

of receipts or your failure to ensure the performance of all scheduled 

maintenance. 

— As the (+nbeard;sterndrive/inboard , outboard or personal watercraft) 

engine owner, you should however be aware that (engine manufacturer's 

name) may deny you warranty coverage if your (inbeard ; 

sterndrive/inboard;outboard or personal watercraft) engine or a part has 

failed due to abuse, neglect, improper maintenance or unapproved 

modifications. 

— You are responsible for presenting your (+nbeard;sterndrive/inboard , 

outboard or personal watercraft) engine to a(engine manufacturer's 

name) distribution center as soon as a problem exists. The warranty 

repairs will be completed in a reasonable amount of time, not to exceed 30 

days. 

If you have any questions regarding your warranty rights and . 

responsibilities, you should contact (Insert chosen contact of engine 

manufacturer) at 1-XXX-XXX-XXXX. 

w w w w w 

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. 

71 
§ 2446. 2001 and Later Model Year Production-Line Test Procedures and 

Selective Enforcement Auditing Regulations for Spark-Ignition 

Marine Engines. 

(a) Applicability. This section applies to 2001 and later spark-ignition 

personal watercraft and outboard marine engines. The allowable methods 

of production-line testing are specified in subsections (b) and (c), unless 

the engine manufacturer can satisfactorily provide an alternate method 

that shows an equivalent assurance of compliance to that of subsection 

(b). The engine manufacturer must choose only one method for each 

model year and submit its method of production-line testing to the 

Executive Officer for approval no later than 90 days prior to the start of the 

subject model year production. The 2003 and later spark-ignition iAbeard 

and sternd riVe/in board marine engines are only subject to the selective 

enforcement audit requirements specified within subsections (d) and (e) of 

this section. 

(b) 2001 and Later Model Year Quality-Audit Production Line Test Procedures 

(4) 

(B) 

E+3 

1. The total production and sample size for each engine 

family. 

R 

2. Engine identification numbers and explanation of the 

identification code. 

(44 

3. The applicable emissions standards or Family 

Emission Levels for each engine family. 

{+V) 

4. A description of each test engine or equipment 

(i.e., date of test, engine family, engine size, engine 

or equipment identification number, fuel system, 

dynamometer power absorber setting in horsepower 

or kilowatts, engine code or calibration number, and 

test location). 

72 
~ 

5. The exhaust emission data for HC+NOxfor each test 

engine or equipment. The data reported shall provide 

two significant figures beyond the number of 

significant figures in the applicable emission standard. 

(vi) 

6. The retest emissions data, as described in Paragraph 

(v)5. above for any engine or unit of equipment failing 

the initial test, and description of the corrective 

measures taken, including specific components 

replaced or adjusted. 

(Viq 

7. A statistical analysis of the quality-audit test results for 

each engine family stating: 

4-. 

a. Number of engines or units of equipment 

tested. 

2L. 

b. Average emissions and standard deviations of 

the sample for HC+NOX . 

(vi~) 

8. Every aborted test data and reason for tlie aborted 

test. 

OX4 

9. The applicable quarterly report shall include the date 

of the end of the engine manufacturer's model year 

production for an engine family. 

10. The required information for all engine families in 

production during the quarter regardless of sample 

size. 

Od) 

11. The start and stop dates of batch-produced engine 

family production. 

(1) 

(c). 

73 
(4 

1. For newly certified engine families: After two (2) 

engines are tested, the engine manufacturer will 

calculate the required sample size for the model year 

according to the Sample Size Equation in paragraph 

(c)(1)(B) of this section. 

R 

2. For carry-over engine families: After one engine is 

tested, the engine manufacturer must combine the 

test with the last test result from the previous model 

year and then calculate the required sample size for 

the model year according to the Sample Size 

Equation in paragraph (B) of this section. 

f+{E} 

3. The engines must be representative of the engine 

manufacturer's California sales. Each engine will be 

selected from the end of the assembly line. All engine 

models within the engine family must be included in 

the sample pool. Each selected engine for qualityaudit testing must pass the inspection test, by being 

equipped with the appropriate emission control 

systems certified by the ARB. The procedure for 

randomly selecting engines or units of equipment 

must be submitted to the Chief, Mobile Source 

Operations Division, P.O. Box 8001, 9528 Telstar 

Avenue, EI Monte, CA, 91734-8001, before the start 

of production for the first year of production. 

rnmi 

LuII 

4. a. Prior to the beginning of the 2001 model year, 

if an engine manufacturer cannot provide 

actual California sales data, it must provide its 

total production and an estimate of California 

sales at the end of the model year. The engine 

manufacturer must also provide supporting 

material for its estimate. 

b. For the 2001 and later model years, engine 

manufacturers must provide actual California 

sales, or other information acceptable to the 

Executive Officer, including, but not limited to, 

an estimate based on market analysis and 

federal production or sales. 

74 

(A) 
(B) {+)1. Engine manufacturers must calculate the required 

sample size for the model year for each engine family 

using the Sample Size Equation below. N is 

calculated from each test result. The number N 

indicates the number of tests required for the model 

year for an engine family. N is recalculated after each 

test. Test results used to calculate the variables in 

the Sample Size Equation must be final deteriorated 

test results as specified in paragraph (c)(3)(C). 

N— r (t9s*a') I z +1 L (x - FELi=) 

where: 

N = Required sample size for the model year. 

T95 = 95% confidence coefFicient. It is dependent on the 

actual number of tests completed, n, as specified in 

the table in paragraph (c)(1)(B)(42. of this section. 

defines one-tail, 95% confidence intervals. 

FELix = Family Emission Limit 

v = Actual test sample standard deviation calculated from 

the following equation: 

I (X, - x) z 

6 = 

n-1 

where: 

X; = Emission test result for an individual engine 

x = Mean of emission test results of the actual sample 

n = The actual number of tests completed in an engine 

family 

H42. Actual Number of Tests (n) and 1-tail Confidence 

Coefficients (t 95) are listed in Table 3 below: 

75 
Table 3 

~ - - - 

n t95 n t95 n t95 

2 6.31 12 1.80 22 1.72 

3 2.92 13 1.78 23 1.72 

4 2.35 14 1.77 24 1.71 

5 2.13 15 1.76 25 1.71 

6 2:02 16 1.75 26 1.71 

7 1.94 17 1.75 27 1.71 

8 1.90 18 1.74 28 1.70 

9 1.86 19 1.73 29 1.70 

10 1.83 20 1.73 30 1.70 

11 1.81 21 1.72 00 1.645 

~ 

3. An engine manufacturer must distribute the testing of 

the remaining number of engines needed to meet the 

required sample size N, evenly throughout the 

remainder of the model year. 

~ 

4. After each new test, the required sample size, N, is 

recalculated using updated sample means, sample 

standard deviations and the appropriate 95% 

confidence coefficient. 

m 

5. An engine manufacturer must continue testirig and 

updating each engine family's sample size 

calculations according to paragraphs (c)(1)(B)@1. 

through (c)(1)(B)(iv~4. of this section until a decision is 

made to stop testing as described in paragraph 

(c)(1)(B){vo. of this section or a noncompliance 

decision is made pursuant to paragraph (c)(2)(A)(v35. 

of this section. 

(V4) 

6. If, at any time throughout the model year, the 

calculated required sample size, N, for an engine 

family is less than or equal to the actual sample size, 

n, and the sample mean, x, for each regulated 

pollutant is less than or equal to the FEL for that 

pollutant, the engine manufacturer may stop testing 

that engine family except as required by paragraph 

(c)(2)(A)fv4)6 .. 

76 
(V++) 

Z. If, at any time throughout the model year, the sample 

mean, x, for any regulated pollutant is greater than the 

FEL, the engine manufacturer must continue testing 

that engine family at the appropriate maximum 

sampling rate. 

("4 

8. The maximum required sample size for an engine 

family (regardless of the required sample size, N, as 

calculated in paragraph (c)(1)(13)(41. of this section) is 

thirty (30) tests per model year. 

~ 

9. Engine manufacturers may elect to test additional 

randomly chosen engines. AII additional randomly 

chosen engines tested in accordance with the testing 

procedures specified in the Test Procedures must be 

included in the Sample Size and Cumulative Sum 

equation calculations as defined in paragraphs 

(c)(1)(B){i}1. and (c)(2)(A){+)1. of this section, 

respectively. 

(2) 

(A) 

~4 

1. Engine manufacturers must construct the following 

Cumulative Sum Equation for each regulated pollutant 

for each engine family. Test results used to calculate 

the variables in the Cumulative Sum Equation must 

be final deteriorated test results as defined in 

paragraph (c)(3)(C). 

CG = max[0 or (CG - , + Xi — (FEL;x + F))] 

where: 

C; = The current Cumulative Sum statistic 

C;_i = The previous Cumulative Sum statistic. Prior to any 

testing, the Cumulative Sum statistic = 0(i.e., C o = 0) 

77 
X; = The current emission test result for an individual 

engine 

FELjx = Family Emission Limit 

F = 0.25 X o 

After each test, C; is compared to the action limit, H; the quantity that the 

Cumulative Sum statistic must exceed, in two (2) consecutive tests, before 

the engine family may be determined to be in noncompliance for purposes 

of paragraphs (a)(2)(A){auj4. and (a)(2)(A)(v35. 

H = The Action Limit. It is 5.0 x o and is a function of the 

standard deviation, Q. 

v = The sample standard deviation and is recalculated 

after each test. 

R 

2. After each engine is tested, the Cumulative Sum 

statistic must be promptly updated according to the 

Cumulative Sum Equation in paragraph (c)(2)(A)(+)1. of this 

section. 

EN+3 

3. If, at any time during the model year, an engine 

manufacturer amends the application for certification for an 

engine family as specified in Part 1, section 28 or 29 of the 

Test Procedures by performing an engine family modification 

(i.e., a change such as a running change involving a physical 

modification to an engine, a change in specification or 

sefting, the addition of a new configuration, or the use of a 

different deterioration factor), all previous sample size and 

Cumulative Sum statistic calculations for the model year will 

remain unchanged. 

(IV) 

4. A failed engine is one whose final deteriorated test 

results pursuant to paragraph (c)(3)(C), for a regulated 

pollutant exceeds the FEL for that pollutant. 

4V1 

5. An engine family may be determined to be in 

noncompliance if, at any time throughout the model year, the 

Cumulative Sum statistic, C;, for a regulated pollutant is 

greater than the action limit, H, for two (2) consecutive tests: 

Z:3 
V"7 

6. The engine manufacturer must perform a minimum of 

two tests per engine family per quarter, regardless of 

whether the conditions of paragraph (c)(1)(i3)(v+)6. have 

been met. The Executive Officer may waive the requirement 

of this paragraph if the engine manufacturer does not have a 

failing engine family in the prior two model years of testing. 

Ev~} 

7. AII results from previous quarters of the same model 

year must be included in the on-going Cumulative Sum 

analysis, provided that the engine family has not failed (e.g., 

if three engines of a family were tested in the first quarter, 

the first test of the second quarter would be considered as 

the fourth test). 

(W4~ 

8. If the Cumulative Sum analysis indicates that an 

engine family has failed, the engine manufacturer must notify 

the Chief of the Mobile Source Operations Division, in writing 

and by telephone, within ten working days. Corrective action 

will be taken as noted in paragraph (c)(4)(E). 

(ix) 

9. If an engine manufacturer performs corrective action, 

on a failed engine family and then resumes production, all 

previous tests will be void, and Cumulative Sum analysis will 

begin again with the next test. 

(3) 

(D) If, at any time during the model year, the Cumulative Sum statistic 

exceeds the applicable action limit, H, in two (2) consecutive tests, 

the engine family may be determined to be in noncompliance and 

the engine manufacturer must notify the Chief of the Mobile Source 

Operations Division 

91734 8801 ;within ten working days of such exceedance by the 

Cumulative Sum statistic. 

(E)

N3 

1. The location and description of the engine manufacturer's or 

other's exhaust emission test facilities that were utilized to 

conduct testing reported pursuant to this section; 

79 
F+tl 

2. Total production and sample sizes, N and n, foreach engine 

family; 

E+i+) 

3. The applicable emissions standards for each engine family; 

m 

4. A description of the process to obtain engines on a random 

basis; 

~ 

5. A description of the test engines or equipment (i.e., date of 

test, engine family, engine size, engine or equipment 

identification number, fuel system, dynamometer power 

absorber sefting in horsepower orkilowafts, engine code or 

calibration number, and test location); 

kvi) 

6. The date of the end of the engine manufacturer's model year 

production for each engine family; 

Ev++) 

7. For each test conducted, 

a. . A description of the test engine, including: 

-47 

Qi Configuration and engine family identification, 

ii Year, make, and build date, 

3:

fi!q Engine identification number and explanation 

of the identification code', and 

4:

iv Number of hours of service accumulated on 

engine prior to testing; 

b. Location where service accumulation was conducted 

and description of accumulation procedure and 

schedule; 

C. Test number, date„test procedure used, initial test 

results before and after rounding, and final test results 

80 
for all exhaust emission tests, whether valid or invalid, 

and the reason for invalidation, if applicable; 

The exhaust emission data for CO, NO x and HC for 

each test engine or watercraft. The data reported 

must provide two (2) significant figures beyond the 

number of significant figures in the applicable 

emission standard. 

e. The retest emissions data, as described in paragraph 

(b)(4)(B)(v)6. of this section, for any engine or 

watercraft failing the initial test, and description of the 

corrective measures taken, including specific 

components replaced or adjusted. 

A complete description of any adjustment, 

modification, repair, preparation, maintenance, and/or 

testing that was perFormed on the test engine, was not 

reported pursuant to any other part of this article, and 

will not be performed on all other production engines; 

A Cumulative Sum analysis, as required in paragraph 

(c)(2)(A)(+)1. of this section, of the production line test 

results for each engine family; 

h. Any other information the Executive Officer may 

request relevant to the determination whether the new 

engines being manufactured by the engine 

manufacturer do in fact conform with the regulations 

with respect to which the Executive Order was issued; 

(Vii+) 

8. For each failed engine as defined in paragraph (v+47.d., 

above, a description of the remedy and test results for a!I 

retests; 

ox~ 

9. Every aborted test data and reason for the aborted test; 

w 

10. The start.and stop dates of batch-produced engine family 

production; and 

(x4) 

11. The required information for all engine families in production 

during the quarter regardless of sample size. 

rsI 
(d) Test Procedures Applicable to AII Production-Line and Selective 

Enforcement Audit Testing. 

(3) 

(D) If an engine manufacturer determines that the emission test results 

of an engine or watercraft are invalid, the engine or equipment must be 

retested. Emission results from all tests must be reported. The engine 

manufacturer must iriclude a detailed report on the reasons for each 

invalidated test in the quarterly report for all production-line testing, or as 

required by theF~° ~esa;;veExecutive Officer for selective enforcement 

audit testing. 

(5) 

~ 
(A) The Executive Order is automatically suspended with respect to 

any engine failing pursuant to paragraph (b)(3)(D) or 

(c)(2)(A)(iv)4. or whose test results for a regulated pollutant 

exceed the emission standards efPective from the time that testing 

of that engine is completed. 

(B) The Executive Officer may suspend the Executive Order for an 

engine family that is determined to be in noncompliance pursuant 

to paragraphs (b)(3)(C) or (c)(2)(A)M5. This suspension will not 

occur before fifteen (15) days after the engine family is 

determined to be in noncompliance. 

(C) If the results of testing pursuant to these regulations indicate that 

erigines of a particular family produced at one plant of an engine 

manufacturer do not conform to the regulations with respect to 

which the Executive Order was issued, the Executive Officer may 

suspend the Executive Order with respect to that family for 

engines manufactured by the engine manufacturer at all other 

plants. 

(D) Notwithstanding the fact that engines described in the application 

for certification may be covered by an Executive Order, the 

Executive OfPicer may suspend such Executive Order 

immediately in whole or in part if the Executive OfPicer finds any 

one of the-following infractions to be substantial: 

~ 

1. The engine manufacturer refuses to comply with any 

of the requirements of this section. 

04 

2. The engine manufacturer submits false or incomplete 

information in any report or information provided to 

the Executive Officer under this section. 

R 

3. The engine manufacturer renders inaccurate any test 

data submitted under this section. 

OV4 

4. An ARB enforcement officer is denied the opportunity 

to conduct activities authorized in this section. 

m 

5. An ARB enforcement officer is unable to conduct 

activities authorized in paragraph (d)(2) of this section 

m 
because an engine manufacturer has located its 

facifity in a foreign jurisdiction where local law 

prohibits those activities. 

(E) The Executive Officer will notify the engine manufacturer in writing 

of any suspension or revocation of an Executive Order in whole 

or in part. A suspension or revocation is effective upon receipt of 

the notification or fifteen (15) days from the time an engine family 

is determined to be in noncompliance pursuant to paragraph 

(d)(1), except that the Executive Order is immediately suspended 

with respect to any failed engines as provided for in paragraph 

(b)(3)(D) or (c)(2)(+v-)4. of this section. 

(F) The Executive Officer may revoke an Executive Order for an engine 

family after the Executive Order has been suspended pursuant to 

paragraphs (d)(5)(B) or (C) of this section if the proposed remedy 

for the nonconformity, as reported by the engine manufacturer to 

the Executive Officer, is one requiring a design change or 

changes to the engine and/or emission control system as 

described in the application for certification of the affected engine 

family. 

(G) Once an Executive Order has been suspended for a failed engine, 

as provided for in paragraph (d)(5)(A) of this section, the engine 

manufacturer must take the following actions before the 

Executive Order is reinstated for that failed engine: 

(4~ 

1. Remedy the nonconformity; 

0) 

2. Demonstrate that the engine conforms to its 

applicable FEL by retesting the engine in accordance 

with these regulations; and 

(~ 

3. Submit a written report to the Executive Officer, after 

successful completion of testing on the failed engine, 

that contains a description of the remedy and test 

results for each engine in addition to other information 

that may be required by this part. 

(H) Once an Executive Order for a failed engine family has been 

suspended pursuant to paragraphs (d)(5)(B), (C) or (D) of this 

section, the engine manufacturer must take the following actions 

before the Executive Officer will consider reinstating the 

Executive Order: 

: 
H3 

1. Submit a written report to the Executive Officer that 

identifies the reason for the noncompliance of the engines, 

describes the proposed remedy, including a description of 

any proposed quality control and/or quality assurance 

measures to be taken by the engine manufacturer to prevent 

future occurrences of the problem, and states the date on 

which the remedies will be implemented. 

(4) 

2. Demonstrate that the engine family for which the 

Executive Order has been suspended does in fact comply 

with the regulations of paragraphs (b) or (c), as applicable, 

by testing as many engines as needed so that the 

Gumulative Sum statistic, as calculated in paragraph 

(c)(2)(A)(+}1., falls below the action limit, or the average 

emissions from the Quality-Audit testing as calculated in 

paragraph (b)(3)(A) remains below the FEL, as applicable. 

Such testing must comply with the provisions of paragraphs 

(b) or (c), as applicable. If the engine manufacturer elects to 

continue testing individual engines after suspension of an 

Executive Order, the Executive Order is reinstated for any 

engine actually determined to be in conformance with the 

emission standards through testing in accordance with the 

applicable test procedures, provided that the Executive 

Officer has not revoked the Executive Order pursuant to 

paragraph (d)(5)(F) of this section. 

(I) Once the Executive Order has been revoked for an engine family, if 

the engine manufacturer wants to introduce into commerce a 

modified version of that family, the following actions must be 

taken before the Executive Officer may issue an Executive Order 

for that modified family: 

H) 

1. If the Executive OfPicer determines that the proposed 

change(s) in engine design may have an effect on 

emission performance deterioration, the Executive 

Officer will notify the engine manufacturer, within five 

(5) working days after receipt of the report in 

paragraph (d)(5)(H)(41. of this section, whether 

subsequent testing under this section will be sufficient 

to evaluate the proposed change or changes or 

whether additional testing will be required; and 

~ 

2. After implementing the change or changes intended to 

remedy the nonconformity, the engine manufacturer 

m 
must demonstrate that the modified engine family 

does in fact conform with the regulations of 

paragraphs (b) or (c), as applicable, by testing as 

many engines as needed from the modified engine 

family so that the Cumulative Sum statistic, as 

calculated in paragraph (c)(2)(A)(+}1., falls below the 

action limit, or the average emissions from the 

Quality-Audit testing as calculated in paragraph 

(b)(3)(A) remains below the FEL, as applicable. 

When this requirement is met, the Executive Officer 

will reissue the Executive Order or issue a new 

Executive Order, as the case may be, to include that 

family. The revocation of engine family executive 

orders issued based on Cumulative Sum testing 

results remains in effect as long as the Cumulative 

Sum statistic remains above the action limit. 

(J) At any time after the suspension of an Executive Order for a test 

engine under to paragraph (d)(5)(A)of this section, but not later 

than fifteen (15) days (or such longer period as may be allowed 

by the Executive Officer) after notification of the Executive 

Officer's decision to suspend or revoke an Executive Order in 

whole or in part pursuant to paragraphs (d)(5)(B), (C) or (F) of 

this section, an engine manufacturer may request a hearing 

pursuant to subchapter 1.25, Title 17, California Code of 

Regulations, as to whether the tests have been properly 

conducted or any sampling methods have been properly applied. 

(K) Any suspension of an Executive Order under paragraph (d)(5)(D) of 

this section: 

f+~ 

1. must be made only after the engine manufacturer 

concerned has been offered an opportunity for a 

hearing pursuant to subchapter 1.25, Title 17, 

California Code of Regulations, and; 

f+}3 

2. does not apply to engines no longer in the possession 

of the engine manufacturer. 

i• 
(e) Selective Enforcement Auditing Regulations. 

(1) Test Orders. 

(A) A test order addressed to the engine manufacturer is required for 

any testing.under paragraph (e). 

(B) The test order is signed by the Executive Officer or his or her 

designee. The test order must be delivered in person by an ARB 

enforcement officer or ARB authorized representative to a 

company representative or sent by registered mail, return receipt 

requested, to the engine manufacturer's representative who 

signed the application for certification submitted by the engine 

manufacturer, pursuant to the requirements of the applicable 

portions'of Title 13, California Code of Regulations, section 2447 

Upon receipt of a test order, the engine manufacturer must 

comply with all of the provisions of this subsection and 

instractions in the test order. 

(C) Information included in test order. 

E+~ 

1. The test order will specify tlie engine family to be 

selected for testing, the engine manufacturer's engine 

assembly plant or associated storage facility or port facility 

(for imported engines) from which the engines must be 

selected, the time and location at which engines must be 

selected, and the procedure by which engines of the 

specified family must be selected. The test order may 

specify the configuration to be audited and/or the number of 

engines to be selected per day. Engine manufacturers are 

required to select a minimum of four engines per day unless 

an alternate selection procedure is approved pursuant to 

paragraph (e)(2)(A), or unless total production of the 

specified configuration is less than four engiries per day. If 

total production of the specified configuration is less than 

four engines per day, the engine manufacturer selects the 

actual number of engines produced per day. 

R 

2. The test order may include alternate families to be 

selected for testing at the Executive Officer's discretion in the 

event that engines of the specified family are not available 

for testing because those engines are not being 

manufactured during the specified time or are not being 

F-E 
stored at the specified assembly plant, associated storage 

facilities, or port of entry. 

(ii+} 

3. If the specified family is not being manufactured at a 

rate of at least two (2) engines per day in the case of engine 

manufacturers specified in paragraph (e)(4)(G)(i) of this 

section, or one engine per day in the case of engine 

manufacturers specified in paragraph (e)(4)(G)(ii) of this 

section, over the expected duration of the audit, the 

Executive Officer or her or his designated representative 

may select engines of the alternato family for testing. 

OV4 

4. In addition, the test order may include other directions 

or information essential to the administration of the required 

testing. 

(D) An engine manufacturer may submit a list of engine families and 

the corresponding assembly plants, associated storage facilities, 

or (in the case of imported engines) port facilities from which the 

engine manufacturer prefers to have engines selected for testing 

in response to a test order. In order that an engine 

manufacturer's preferred location be considered for inclusion in a 

test order for a particular engine family, the list must be submitted 

prior to issuance of the test order. Notwithstanding the fact that 

an engine manufacturer has submitted the list, the Executive 

Officer may order selection at other than a preferred location. 

(E) Upon receipt of a test order, an engine manufacturer must proceed 

in accordance with the provisions of paragraph (e). 

(2) Testing by the Executive Officer. 

(A) The Executive Officer may require by test order under paragraph 

(e)(1) that engines of a specified family be selected in a manner 

consistent with the requirements of paragraph (e)(3) and 

submitted to the Executive Officer at the place designated for the 

purpose of conducting emission tests. These tests will be 

conducted in accordance with paragraph (e)(4) to determine 

whether engines manufactured by the engine manufacturer 

conform with the regulations with respect to which the certificate 

of conformity was issued. 

:: 
(B) Designating official data. 

0 

1. Whenever the Executive Officer conducts a test on a 

test engine or the Executive Officer and engine 

manufacturer each conduct a test on the same test 

engine, the results of the Executive Officer's test are 

the official data for that engine. 

(4) 

2. Whenever the engine manufacturer conducts all tests 

on a test engine, the engine manufacturer's test data 

are accepted as the official data, provided that if the 

Executive Officer makes a determination based on 

testing conducted under paragraph (e)(2)(A) of this 

section that there is a substantial lack of agreement 

between the engine manufacturer's test results and 

the Executive OfFicer's test results, no engine 

manufacturer's test data from the engine 

manufacturer's test facility will be accepted for 

purposes of this subsection: 

(C) If testing conducted under paragraph (e)(1) is unacceptable under 

paragraph (B)(i'+)2. of this subsection, the Executive OfPicer must: 

0) 

1. Notify the engine manufacturer in writing of the 

Executive Officer's determination that the test facility is 

inappropriate for conducting the tests required by this 

subsection and the reasons therefore; and 

(0 

2. Reinstate any engine manufacturer's data upon a 

showing by the engine manufacturer that the data acquired 

under paragraph (e)(2) were erroneous and the engine 

manufacturer's data was correct. 

(D) The engine manufacturer may request in writing that the Executive 

Officer reconsider the determination in paragraph (B)(ii) of this 

section based on data or iriformation indicating that changes 

have been made to the test facility and these changes have 

resolved the reasons for disqualification. 

:• 
(3) Sample selection. 

(A) Engines comprising a test sample will be selected at the location 

and in the manner specified in the test order. If an engine 

manufacturer determines that the test engines cannotbe selected 

in the manner specified in the test order, an alternative selection 

procedure may be employed, provided the engine manufacturer 

requests approval of the alternative procedure before starting test 

sample selection, and the Executive Officer approves the 

procedure. 

(B) The engine manufacturer must produce and assemble the test 

engines of the family selected for testing using its normal 

production and assembly process for engines to be distributed 

into commerce. If, between the time the engine manufacturer is 

notified of a test order and the time the engine manufacturer 

finishes selecting test engines, the engine manufacturer 

implements any change(s) in its production or assembly 

processes, including quality control, which may reasonably be 

expected to affect the emissions of the engines selected, then the 

engine manufacturer must, during the audit, inform the Executive 

Officer of such changes. If the test engines are selected at a 

location where they do not have their operational and emission 

control systems installed, the test order will specify the manner 

and location for selection of components to complete assembly of 

the engines. The engine manufacturer must assemble these 

components onto the test engines using normal assembly and 

quality control procedures as documented by the engine 

manufacturer. 

(C) No quality control, testing, or assembly procedures will be used on 

the test engine or any portion thereof, including parts and 

subassemblies, that have not been or will not be used during the 

production and assembly of all other engines of that family, 

unless the Executive Officer approves the modification in 

production or assembly procedures pursuant to paragraph (B) of 

this subsection. 

(D) The test order may specify that an ARB enforcement officer(s) or 

authorized representative(s), rather than the engine 

manufacturer, select the test engines according to the method 

specified in the test order. 

(E) The order in which test engines are selected determines the order 

in which test results are to be used in applying the sampling plan 

in accordance with paragraph (e)(5). 

we, 
(F) The engine manufacturer must keep on hand all untested engines, 

if any, comprising the test sample until a pass or fail decision is 

reached in accordance with paragraph (e)(5)(E). The engine 

manufacturer may ship any tested engine which has not failed the 

requirements as set forth in paragraph (e)(5)(B). However, once 

the engine manufacturer ships any test engine, it may not 

conduct retests as provided in paragraph (e)(4)(1). 

(4) Test procedures. 

(A) {+) 1. For spark-ignition marine engines subject to the 

provisions of this subsection, the prescribed test 

procedures are the test procedures as specified in 

Part IV of the Test Procedures. 

2. The Executive Officer may, on the basis of a written 

application by an engine manufacturer, prescribe test 

procedures other than those specified in paragraph 

~41. for any spark-ignition marine engine he or she 

determines is not susceptible to satisfactory testing 

using the procedures specified in paragraph ~41. 

(B) {+) 1. The engine manufacturer may not adjust, repair, 

prepare, or modify the engines selected for testing 

and may not perform any emission tests on engines 

selected for testing pursuant to the test order unless 

this adjustment, repair, preparation, modification, 

and/or tests are documented in the engine 

manufacturer's engine assembly and inspection 

procedures and are actually perPormed or unless 

these adjustments and/ or tests are required or 

permifted under this subsection or are approved in 

advance by the Executive OfPicer. 

The Executive Officer may adjust or cause to be 

adjusted any engine parameter that the Executive 

Officer determines subject to adjustment for 

certification and Selective Enforcement Audit testing 

in accordance with Part I, section 18 of the Test 

Procedures, to any setting within the physically 

adjustable range of that parameter, as determined by 

the Executive Officer in accordance with section 18, 

prior to the performance of any tests. However, if the 

idle speed parameter is one which the Executive 

OfFicer has determined to be subject to adjustment, 

the Executive Officer may not adjust it to any setting 

that causes a lower engine idle speed than would 

have been possible within the physically adjustable 

91 
range of the idle speed parameter if the engine 

manufacturer had accumulated 12 hours of service on 

the engine under paragraph (C) of this section, all 

other parameters being identically adjusted for the 

purpose of the comparison. The engine manufacturer 

may be requested to supply information needed to 

establish an alternate minimum idle speed. The 

Executive Officer, in making or specifying these 

adjustments, may consider the effect of the deviation 

from the engine manufacturer's recommended setting 

on emission perFormance characteristics as well as 

the likelihood that similar settings will occur on in-use 

engines. In determining likelihood, the Executive 

Officer may consider factors such as, but not limited 

to, the effect of the adjustment on engine perFormance 

characteristics and information from similar in-use 

engines. 

(C) Service Accumulation. Before performing exhaust emission testing 

on a selective enforcement audit test engine, the engine 

manufacturer may accumulate on each engine a number of hours 

of service equal to the greater of 12 hours or the number of hours 

the engine manufacturer accumulated during certification on the 

emission data engine corresponding to the family specified in the 

test order. 

0 

1. Service accumulation must be performed in a manner 

using good engineering judgment to obtain emission 

results representative of normal production engines. 

This service accumulation must be consistent with 

the new engine break-in instructions contained in the 

applicable owner's manual. 

k4) 

2. The engine manufacturer must accumulate service at 

a minimum rate of 6 hours per engine during each 

24-hour period, unless otherwise approved by the 

Executive Officer. 

a. The first 24-hour period for service begins as 

soon as authorized checks, inspections, and 

preparations are completed on each engine. 

The minimum service accumulation rate does 

not apply on weekends or holidays. 

92 
C. If the engine manufacturer's service or target is 

less than the minimum rate specified (6 hours 

per day), then the minimum daily accumulation 

rate is equal to the engine manufacturer's 

service target. 

R 

3. Service accumulation must be completed on a 

sufficient number of test engines during consecutive 24-hour 

periods to assure that the number of engines tested per day 

fulfills the requirements of paragraphs (G)(+}1. and (G)(i4)2. 

below. 

(D) The engine manufaoturer may not perform any maintenance on test 

engines after selection for testing, nor may the Ex,ecutive Officer 

allow deletion of any engine from the test sequence, unless 

requested by the engine manufacturer and approved by the 

Executive Officer before any engine maintenance or deletion. 

(E) The engine manufacturer must expeditiously ship test engines from 

the point of selection to the test facility. If the test facility is not 

located at or in close proximity to the point of selection, the 

engine manufacturer must assure that test engines arrive at the 

test facility within 24 hours of selection. The Executive Officer 

may approve more time for shipment based upon a request by 

the engine manufacturer accompanied by a satisfactory 

justification. 

(F) If an engine cannot complete the service accumulation or an 

emission test because of a malfunction, the engine manufacturer 

may request that the Executive Officer authorize either the repair 

of that engine or its deletion from the test sequence. 

(G) Whenever an engine manufacturer conducts testing pursuant to a 

test order issued under this subsection, the engine manufacturer 

must notify the Executive Officer within one working day of 

receipt of the test order as to which test facility will be used to 

comply with the test order. If no test cells are available at a 

desired facility, the engine manufacturer must provide alternate 

testing capability satisfactory to the Executive Officer. 

(4 

1. An engine manufacturer with projected spark-ignition 

marine engine sales for the California market for the 

applicable year of 20 or greater must complete emission 

testing at a minimum rate of two (2) engines per 24-hour 

period, including each voided test. 

5M 
f+? 

2. An engine manufacturer with projected spark-ignition 

marine engine sales for the California market for the 

applicable year of less than 20 must complete emission 

testing at a minimum rate of one engine per 24-hour period, 

including each voided test. 

(io 

3. The Executive Officer may approve a lower daily rate 

of emission testing based upon a request by an engine 

manufacturer accompanied by a satisfactory justification. 

(H) The engine manufacturer must perform test engine selection, 

shipping, preparation, service accumulation, and testing in such a 

manner as to assure that the audit is perFormed in an expeditious 

manner. 

(1) Retesting. 

~ 

1. The engine manufacturer may retest any engines 

tested during a Selective Enforcement Audit once a fail 

decision for the audit has been reached in accordance with 

paragraph (e)(5)(E). 

0) 

2. The Executive Officer may approve retesting at other 

times based upon a request by the engine manufacturer 

accompanied by a satisfactory justification. 

~ 

3. The engine manufacturer may retest each engine a 

total of three times. The engine manufacturer must test 

each engine or vehicle the same number of times. The 

engine manufacturer may accumulate additional service 

before conducting a retest, subject to the provisions of 

paragraph (C) of this paragraph (4). 

(J) An engine manufacturer must test engines with the test procedure 

specified in Part IV of the Test Procedures to demonstrate 

compliance with the exhaust emission standard (or applicable 

FEL) for HC+NOx. If alternate procedures were used in 

certification pursuant to Part 1, section 20(c) of the Test 

Procedures, then those alternate procedures must be used. 

., 
(5) Compiiance with acceptabie quality level and passing and failing 

criteria for selective enforcement audits. 

(A) The prescribed acceptable quality level is 40 percent. 

(B) A failed engine is one whose final test results for HC+NOX pursuant 

to paragraph (b)(3)(D) or (c)(2)(iv)4., as applicable, exceed the 

applicable family emission levei or whose test results for a 

regulated pollutant exceed the emission standards. 

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. 

§ 2447. California Exhaust Emission Standards and Test Procedures for 2001 

Model Year and Later 3park-Ignition Marine Engines. 

Test Procedures referred to in this article, includina the "California Exhaust 

Emission Standards and Test Procedures for 2001 Model Year and Later 

Spark-Ignition Marine Engines," as adopted October 21, 1999, and as last 

amended June 5, 2009 which is incorporated by teference herein, may be 

obtained from the State Air Resources Board at P.O. Box 8001, 9528 Telstar 

Avenue, EI Monte, California 91734-8001. 

Note: Authority cited: Sections 39600, 39601; 43013, 43018, 43101, 4310.2 and 43104, 

Health and Safety Code. 

Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 

43205.5 and 43210-43212, Heaith and Safety Code. 

95 
Chapter 9. Off-Road Vehicles and Engines Pollution Control Devices 

Article 7. Certification Procedures for Aftermarket Parts For Off-Road 

Vehicles, Engines, Equipment 

§ 2474. Add-On Parts and Modified Parts. 

(e) The executive officer may exempt add-on and modified parts based on an evaluation 

conducted in accordance with the "Procedures for Exemption of Add-On and Modified 

Parts for Off-Road Categories," adopted July 14, 2000,as last amended June 5 2009 

which is hereby incorporated by reference herein. 

(i)(1) No person shall install, sell, offer for sale or advertise any used catalytic converter 

for off-road vehicles, engines, or equipment in California unless such catalytic converter 

has been exempted pursuant to the "Procedures for Exemption of Add-On and Modified 

Parts for Off-Road Categories," adopted July 14, 2000,as last amended June 5 2009 

which is hereby incorporated by reference herein. 

Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety 

Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, 

Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. 

., 
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97