State of California 

AIR RESOURCES BOARD 

EXECUTIVE ORDER R-09-004 

Relating to Amendments to the Current Spark-Ignition Marine Engine and Boat Regulations 

WHEREAS, on July 24, 2008, the Air Resources Board (ARB or the Board) conducted a 

public hearing to consider adopting amendments to the California regulations and test 

procedures for new 2009 and later spark-ignition (gasoline) marine engines and boats, 

as set forth in the Initial Statement of Reasons released to the public on June 6, 2008; 

WHEREAS, following the public hearing on July 24, 2008, the Board adopted 

Resolution 08-36 in which the Board approved the proposed amendments to California 

Code of Regulations, title 13, sections 2111, 2112 (including Appendix A), 2139, 2147, 

2440, 2441, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, 2445, and the repeal of 

section 2448, as set forth in Attachment A thereto, and the proposed amendments to 

the “California Exhaust Emission Standards and Test Procedures for 2001 and Later 

Spark-Ignition Marine Engines,” which is incorporated by reference in section 2447, as 

set forth in Attachment B thereto, and the proposed amendments to the “Procedures for 

the Exemption of Add-On and Modified Parts for Off-Road Categories,” which is 

incorporated by reference in section 2474, as set forth in Attachment C thereto, with the 

modifications set forth in Attachment D thereto. 

WHEREAS, Resolution 08-36 directed the Executive Officer to take final action to adopt 

the regulatory amendments set forth in Attachments A, B, C, and D to Resolution 08-36, 

with such other conforming modifications as may be appropriate, to make the modified 

regulatory language and any additional supporting documents and information available 

to the public for a period of at least 15 days, to consider such written comments as may 

be submitted during this period, and to make such modifications as may be appropriate 

in light of the comments received, or to present the regulatory amendments to the Board 

for further consideration if he determines that this is warranted; 

WHEREAS, on March 25, 2009, and May 14, 2009, the modified regulations, reflecting 

the amendments approved by the Board and other changes made to best reflect the 

intent of the Board at the hearing, were made available for public comment for periods 

of 15-days each, with the changes to the originally proposed text clearly indicated, in 

accordance with the provisions of title 1, California Code of Regulations, section 44; 

WHEREAS, written comments were received during both of the 15-day comment 

periods and those comments have been considered by the Executive Officer. 

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in 

Resolution 08-36 are incorporated by reference herein. 

IT IS FURTHER ORDERED that amendments to California Code of Regulations title 13, 

sections 2111, 2112 (including Appendix A), 2139, 2147, 2440, 2441, 2442, 2443.1, 
Executive Order R-09-004 - 2 - 

2443.2, 2443.3, 2444.1, 2444.2, 2445, and the repeal of section 2448, , as set forth in 

Attachment 1 hereto, and the proposed amendments to the “California Exhaust 

Emission Standards and Test Procedures for 2001 and Later Spark-Ignition Marine 

Engines,” which is incorporated by reference in section 2447, as set forth in Attachment 

2 hereto, and the proposed amendments to the “Procedures for the Exemption of AddOn and Modified Parts for Off-Road Categories,” which is incorporated by reference in 

section 2474, as set forth in Attachment 3 hereto, are adopted. 

Executed this 5th day of June, 2009, at Sacramento, California. 

 /s/ 

_______________________ 

James N. Goldstene 

Executive Officer 

Attachments