New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 210 - Emissions And Labeling Requirements For Personal Watercraft Engines › Subpart 210-1 - Applicability and Definitions › Section 210-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions govern the provisions of this
						Part:
(a) Add-on part means any
					 after-market part which is not a modified part or a replacement part.
(b) Aftermarket part means any part of an air
					 contaminant emission control system sold for installation on a vehicle after
					 the original retail sale of the vehicle.
(c) Air contaminant emission control system
					 means equipment designed for installation on a motor vehicle or motor vehicle
					 engine for the purpose of reducing the air contaminants emitted from the motor
					 vehicle or motor vehicle engine, or a system or engine modification on a motor
					 vehicle or motor vehicle engine which causes a reduction of air contaminants
					 emitted from the motor vehicle or motor vehicle engine, including but not
					 limited to exhaust control systems, fuel evaporation control systems and
					 crankcase ventilating systems.
(d)
					 California standards means those standards for personal watercraft engines that
					 the State of California has adopted and is permitted to adopt under
					 42 USC
					 7507 (see Table 1, section
					 200.9 of this
					 Title) and that other states are permitted to adopt under
					 42 USC
					 7507 (see Table 1, section
					 200.9 of this
					 Title).
(e) Capture rate means the
					 percentage of in-use engines subject to recall which must be corrected to bring
					 the class of engines into compliance. The number of engines subject to recall
					 shall be based on the actual number of engines in use as verified by engine
					 registration records compiled and prepared by industry, or a comparable source
					 as determined by the executive officer at the time a recall is
					 initiated.
(f) CARB means the
					 California State Air Resources Board as defined in California's Health and
					 Safety Code, section 39003 (2000) (see Table 1, section
					 200.9 of this
					 Title).
(g) Certification means,
					 with respect to new personal watercraft engines, obtaining an executive order
					 for an engine family complying with the spark-ignition marine engine exhaust
					 emission standards and requirements specified in title 13, California Code of
					 Regulations, sections 2442 and 2447 (see Table 1, section
					 200.9 of this
					 Title).
(h) Emission control system
					 means any device, system, or element of design that controls or reduces the
					 emission of substances from an engine.
(i) Emission standards means specified
					 limitations on the discharge of air contaminants into the atmosphere.
(j) Enforcement test results means data or
					 information gathered through enforcement programs conducted by the CARB. These
					 programs include, but are not limited to, field inspections, in-use compliance
					 testing, assembly-line testing.
(k)
					 Engine family means a subclass of a basic engine based on similar emission
					 characteristics. The engine family is the grouping of engines that is used for
					 the purposes of certification.
(l)
					 Engine identification number means a unique specification (for example, model
					 number/serial number combination) that allows each spark-ignition marine engine
					 to be distinguished from other similar engines.
(m) Engine manufacturer means the
					 manufacturer granted certification.
(n) Executive officer means the Executive
					 Officer of the CARB or his or her authorized representative.
(o) Executive order means an order issued by
					 the executive officer of CARB certifying engines for sale in
					 California.
(p) Exhaust emissions
					 means matter emitted into the environment from any opening downstream from the
					 exhaust port of a spark-ignition marine engine.
(q) Family emission limit or FEL 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 FEL must not exceed the limit specified in title 13, California Code of
					 Regulations, section 2442 (see Table 1, section
					 200.9 of this
					 Title).
(r) Inboard engine means a
					 four-stroke spark-ignition marine engine not used in a personal watercraft that
					 is designed such that the propeller shaft penetrates the hull of the marine
					 watercraft while the engine and the remainder of the drive unit is internal to
					 the hull of the marine watercraft.
(s) 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.
(t) Marine
					 watercraft means every description of boat, ship or other artificial
					 contrivance used, or capable of being operated on water.
(u) Military tactical vehicles or equipment
					 means vehicles or equipment owned by the U.S. Department of Defense and/or the
					 U.S. military services and used in combat, combat support, combat service
					 support, tactical or relief operations, or training for such
					 operations.
(v) Model year means
					 the engine manufacturer's annual new model production period which includes
					 January 1st of the calendar year for which the model year is named, ends no
					 later than December 31st of the calendar year, and does not begin earlier than
					 January 2nd of the previous calendar year. Where an engine manufacturer has no
					 annual new model production period, model year means the calendar
					 year.
(w) Modified part means any
					 aftermarket part intended to replace an original equipment emissions-related
					 part and which is not functionally identical to the original equipment part in
					 all respects which in any way affect emissions, excluding a consolidated
					 part.
(x) New means a personal
					 watercraft engine or personal watercraft the equitable or legal title to which
					 has never been transferred to an ultimate purchaser. Where the equitable or
					 legal title to the engine or personal watercraft is not transferred to an
					 ultimate purchaser until after the engine or watercraft is placed into service,
					 then the engine or watercraft will no longer be new after it is placed into
					 service. A personal watercraft engine or watercraft is placed into service when
					 it is used for its functional purposes. With respect to imported personal
					 watercraft engines or watercraft, the term new means an engine or watercraft
					 that is not covered by an executive order issued at the time of importation,
					 and that is manufactured after the effective date of this regulation or Part
					 which is applicable to such engine or watercraft, or which would be applicable
					 to such engine or watercraft had it been manufactured for importation into the
					 United States.
(y) Nonconformity or
					 noncompliance means that a significant number, determined by the executive
					 officer, of a class of engines, although properly maintained and used,
					 experience a failure of the same emission-related component(s) within their
					 useful lives which, if uncorrected, results in the engines' failure to comply
					 with the emission standards prescribed under title 13, California Code of
					 Regulations, section 2442 (see Table 1, section
					 200.9 of this
					 Title) which are applicable to the model year of such engines; or 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 title 13, California Code of Regulations, section 2442 (see
					 Table 1, section
					 200.9 of this
					 Title) which are applicable to the model year of such engines.
(z) Outboard engine means a spark-ignition
					 marine engine that, when properly mounted on a marine watercraft in the
					 position to operate, houses the engine and drive unit external to the hull of
					 the marine watercraft.
(aa)
					 Personal watercraft engine means a spark-ignition marine engine that does not
					 meet the definition of outboard engine, inboard engine or sterndrive engine,
					 except that the executive officer may, in his or her discretion, classify a
					 personal watercraft engine as an inboard or sterndrive engine if it is
					 comparable in technology and emissions to an inboard or sterndrive
					 engine.
(ab) 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) (see Table 1, section
					 200.9 of this
					 Title).
(ac) Replacement part means
					 any aftermarket part which is intended to replace an original equipment
					 emissions-related part and which is functionally identical to the original
					 equipment part in all respects which in any way affect emissions (including
					 durability), or a consolidated part.
(ad) Sale means the transfer of title to a
					 motor vehicle or motor vehicle engine to the ultimate or subsequent
					 purchaser.
(ae) Sales or eligible
					 sales means the actual or calculated sales of an engine family in New York for
					 the purposes of corporate averaging and production-line testing. Upon
					 commissioner approval, an engine manufacturer may calculate its eligible sales
					 through market analysis of actual Federal production or sales
					 volumes.
(af) Scheduled maintenance
					 means any adjustment, repair, removal, disassembly, cleaning, or replacement of
					 components or systems required by the engine manufacturer to be performed on a
					 periodic basis to prevent part failure or marine watercraft or engine
					 malfunction, or those actions anticipated as necessary to correct an overt
					 indication of malfunction or failure for which periodic maintenance is not
					 appropriate.
(ag) Spark-ignition marine engine means any engine used
						to propel a marine watercraft, and which utilizes the spark-ignition combustion
						cycle; including, but not limited to personal watercraft, outboard, inboard and
						stendrive engines.
(ah)
					 Sterndrive engine means a four-stroke spark-ignition marine engine not used in
					 a personal watercraft that is designed such that the drive unit is external to
					 the hull of the marine watercraft, while the engine is internal to the hull of
					 the marine watercraft.
(ai) 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.
(aj) Test group means a grouping of vehicles
					 as defined by   40 CFR section 86.1827-01   (see Table 1, section
					 200.9 of this
					 Title).
(ak) 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.
(al) U.S.C.
					 means United States Code.
(am)
					 Useful life means nine years for personal watercraft engines.