Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Definitions in
section 1900(b), Division
3, Chapter 9, Title 13 of the California Code of Regulations, apply with the
following additions:
(1) "Abuse" means
incorrect or improper operation of an engine or equipment unit that results in
the failure of an emission-related part.
(2) "Acceptable quality level" (AQL) means
the maximum percentage of failing engines that can be considered a satisfactory
process average for sampling inspections.
(3) "ARB Enforcement Officer" means any
officer or employee of the Air Resources Board so designated in writing by the
Executive Officer or by the Executive Officer's designee.
(4) "Base Fuel Schedule" refers to the fuel
calibration schedule programmed into the Engine Control Module or PROM when
manufactured or when updated by some off-board source, prior to any learned
on-board correction.
(5) "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 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.
(6)
"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.
(7) "Carryover
engine family" means an engine family that undergoes certification using
carryover test data from previous model years.
(8) "CE10 fuel" is a blend of 45% toluene,
45% iso-octane, and 10% ethanol that has been standardized in the American
Society of Testing and Materials publication D471-98 (ASTM D471-98) as a
reference fuel for evaluating the evaporative permeability of fuel-containing
materials.
(9) "Certification"
means, with respect to new spark-ignition marine engines, obtaining an
Executive Order for an engine family complying with the spark-ignition marine
engine exhaust emission standards and requirements specified in Title 13,
California Code of Regulations, sections
2442 and
2447.
(10) "Complete engine assembly" or "complete
engine configuration" means an assembly of a basic engine and all of the
specific applicable components (e.g., air inlet, fuel and exhaust systems,
etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required
for the assembly to be installed in a new unit of equipment.
(11) "Continuous monitoring" means sampling
at a rate no less than two samples per second. If for engine control purposes,
a computer input component is sampled less frequently, the value of the
component may instead be evaluated each time sampling occurs.
(12) "Direct Emissions Device" means any
powertrain component or system that has been designed specifically to control
emissions performance, or that is an essential element of engine fueling and/or
combustion that can affect emissions performance by design or through
calibration (e.g., fuel metering, fuel delivery, etc.).
(13) "ECM hour-meter" means a device that is
integrated into the engine control module (ECM) and that is capable of storing
and incrementing time intervals based on the clock rate of the ECM.
(14) "Emission control system" means any
device, system, or element of design that controls or reduces the emission of
substances from an engine.
(15)
"Enforcement test results" means data or information gathered through
enforcement programs conducted by the Air Resources Board. These programs
include, but are not limited to, field inspections, in-use compliance testing,
assembly-line testing.
(16) "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.
(17)
"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.
(18) "Engine manufacturer" means the
manufacturer granted certification.
(19) "Engine misfire" means lack of
combustion in the cylinder due to absence of spark, poor fuel metering, poor
compression, or any other cause.
(20) "Engine start" is defined as the point
at which normal, synchronized spark and fuel control is obtained or when the
engine reaches a speed 150 revolutions per minute (rpm) below the normal,
warmed-up idle speed.
(21)
"Enhanced Evaporative Control System" means an integration of evaporative
control hardware including activated carbon canisters, low permeation fuel
hoses, and non permeable fuel tanks designed to comply with the diurnal and
permeation standards in Table 2.2 of §
2442(b)(2).
(22) "Exhaust emissions" means matter emitted
into the environment from any opening downstream from the exhaust port of a
spark-ignition marine engine.
(23)
"Executive Officer" means the Executive Officer of the Air Resources Board or
his or her authorized representative.
(24) "Executive Order" means an order issued
by the Executive Officer certifying engines for sale in California.
(25) "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.
(26) "Fuel system" means
all components involved in the transport, metering, and mixture of the fuel
from the fuel tank to the combustion chamber(s) including, but not limited to
the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil injection
metering system, carburetor or fuel injection components, and all fuel system
vents.
(27) "Fuel trim" refers to
feedback adjustments to the base fuel schedule. Short-term fuel trim refers to
dynamic or instantaneous adjustments. Long-term fuel trim refers to much more
gradual adjustments to the fuel calibration schedule than short-term trim
adjustments. These long-term adjustments compensate for engine differences and
gradual changes that occur over time.
(28) "Functional check" for an output
component means verification of proper response to a computer command. For an
input component, functional check means verification of the input signal being
in the range of normal operation, including evaluation of the signal's
rationality in comparison to all available information.
(29) "High Performance Engine" or "High
Performance SD/I Engine" means a spark-ignition sterndrive/inboard marine
engine with maximum engine power greater than 373 kilowatts.
(30) "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 performance and/or standard
performance sterndrive/inboard engines for sale in California in combined
quantities 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 quantities equal to or greater than 500 units annually.
(34) "Low-permeation 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 per SAE J1527.
(35) "Malfunction" means the inability of an
emission-related component or system to remain within design specifications.
Further, malfunction refers to the deterioration of any of the above components
or systems to a degree that would likely cause the emissions of an aged engine
with the deteriorated components or systems present at the beginning of the
applicable certification emission test to exceed the HC+NOx emission standard
by more than 50 percent, unless otherwise specified, as applicable pursuant to
Chapter 1 (commencing with Section
1900), Division 3, title 13, of
the California Code of Regulations.
(36) "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.
(37) "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.
(38) "Marine watercraft" means every
description of boat, ship or other artificial contrivance used, or capable of
being operated on water.
(39)
"Marinize" means to modify an existing automobile engine to operate reliably in
a marine environment. Some typical modifications include upgrading the
composition of exhaust components to be more resistive against rust and
corrosion, incorporating a water jacket within the exhaust manifolds to reduce
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 power point on the nominal power curve for the engine configuration. The
nominal power curve of an engine configuration is the relationship between
maximum available engine brake power and engine speed for an engine, using the
mapping procedures of 40 CFR part 1065, based on the manufacturer's design and
production specifications for the engine. This information may also be
expressed by a torque curve that relates maximum available engine torque with
engine speed. The nominal power curve must be within the range of the actual
power curves of production engines considering normal production variability.
The power value should be rounded to the nearest whole kilowatt for engines
greater than 30 kW and to the nearest 0.1 kW for engines less than or equal to
30 kW. Except as indicated below in paragraphs (A) and (B) of this definition,
the maximum engine power for an engine family 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 engines produced from the
engine family. Alternately:
(A) For outboard
or personal watercraft engines, maximum engine power is the greatest value for
maximum engine power from all the different configurations within the engine
family to determine the appropriate emission standard under §
2442(a).
(B) For sterndrive/inboard engines, maximum
engine power is the smallest value for maximum engine power from all the
different configurations within the engine family to determine the standards
and other requirements that apply under §
2442(b).
(41) "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 testing a two-stroke engine
installed in a vessel or any engine on an engine dynamometer.
For the purposes of laboratory testing, the declared
maximum test speed must be within 500 revolutions per minute of the measured
value for maximum test speed specified in the test
procedures.
(43)
"Model year" means the engine manufacturer's annual new model production period
which includes January 1 of the calendar year for which the model year is
named, ends no later than December 31 of the calendar year, and does not begin
earlier than January 2 of the previous calendar year. Where an engine
manufacturer has no annual new model production period, model year means the
calendar year.
(44) "New Propulsion
Marine Engine" or "New Engine" or "New," -- for purposes of this Article, means
any of the following:
(A) A freshly
manufactured propulsion marine engine for which the ultimate purchaser has
never received the equitable or legal title. This kind of engine might commonly
be thought of as "brand new." In the case of this paragraph (A), the engine is
new from the time it is produced until the ultimate purchaser receives the
title or the product is placed into service, whichever comes first.
(B) An engine intended to be used as a
propulsion marine engine that was originally manufactured as a motor vehicle
engine, a nonroad engine that is not a propulsion marine engine, or a
stationary engine. In this case, the engine is no longer a motor-vehicle,
nonpropulsion, or stationary engine and becomes a "new propulsion marine
engine." The engine is no longer new when it is placed into marine
service.
(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 requirements of these
regulations. The engine 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 installation of used engines in new vessels.
The engine is no longer new when the ultimate purchaser receives a title for
the vessel or the product is placed into service, whichever comes
first.
(E) An imported marine
engine determined by federal regulations to be new per the criteria defined in
40 CFR
1045.801 for imported propulsion marine
engines.
(45)
"Nonconformity" or "Noncompliance," for the purposes of Title 13, California
Code of Regulations, section
2444.1, means that:
(A) a significant number, determined by the
Executive Officer, of a class of engines, although properly maintained and
used, experience a failure of the same emission-related component(s) within
their useful lives which, if uncorrected, results in the engines' failure to
comply with the emission standards prescribed under section
2442 which are applicable to the
model year of such engines; or
(B)
a class of engines that at any time within their useful lives, although
properly maintained and used, on average does not comply with the emission
standards prescribed under section
2442 which are applicable to the
model year of such engines.
(46) "Nontrailerable boat" means a vessel
equal to or greater than 8 meters in length or 2.6 meters or more
wide.
(47) "Operating cycle"
consists of engine startup, engine run, and engine shutoff.
(48) "Original equipment manufacturer" means
a manufacturer who purchases engines for installation in its equipment for sale
to ultimate purchasers.
(49)
"Outboard engine" means an assembly of a spark-ignition marine engine 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 water jet pump as its primary source of
propulsion and is designed with no open load carrying area that would retain
water. The vessel is designed to be operated by a person or persons positioned
on, rather than within the confines of the hull. A vessel using an outboard
engine as its primary source of propulsion is not a personal
watercraft.
(51) "Personal
watercraft engine" means a spark-ignition engine used to propel a personal
watercraft.
(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).
(53) "Qualified Intermediate Volume
Manufacturer" means an intermediate volume manufacturer whose ratio of standard
performance sterndrive/inboard engines to high performance sterndrive/inboard
engines is 12 to 1 or greater.
(54)
"Rebuild" or "Rebuilding" refers to a major overhaul in which the engine's
pistons or power assemblies are replaced or other changes that significantly
increase the service life of the engine are made. It also includes replacing or
rebuilding an engine's turbocharger or aftercooler or the engine's systems for
fuel metering or electronic control so that it significantly increases the
service life of the engine. For these provisions, rebuilding may or may not
involve removing the engine from the equipment. Rebuilding does not normally
include scheduled emission-related maintenance that the Test Procedures allow
during the useful life period (such as replacing fuel injectors) or unscheduled
maintenance that occurs commonly within the useful life period.
(55) "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.
(56) "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.
(57) "Sales" or "Eligible sales" means the
actual or calculated sales of an engine family in California for the purposes
of corporate averaging and production-line testing. Upon Executive Officer
approval, an engine manufacturer may calculate its eligible sales through
market analysis of actual federal production or sales volumes.
(58) "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.
(59) "Small Volume
Manufacturer" means an engine manufacturer that produces high performance
and/or standard performance sterndrive/inboard engines for sale in California
in combined quantities equal to or less than 75 units annually.
(60) "Spark-ignition" means relating to a
gasoline-fueled engine or any other type of engine with a spark plug (or other
sparking device) and with operating characteristics significantly similar to
the theoretical Otto combustion cycle. Spark-ignition engines usually use a
throttle to regulate intake air flow to control power during normal
operation.
(61) "Spark-ignition
marine engine" or "Spark-ignition propulsion 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,
and sterndrive/inboard engines.
(62) "Standard Performance Engine" or
"Standard Performance SD/I Engine" means a spark-ignition sterndrive/inboard
marine engine with maximum engine power less than or equal to 373
kilowatts.
(63) "Sterndrive/inboard
engine" or "sterndrive/inboard marine engine" means a spark-ignition engine
that is used to propel a vessel, but is not an outboard engine or a personal
watercraft engine. This includes engines on propeller driven vessels, jet
boats, air boats, and hovercraft.
(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.
(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, and sterndrive/inboard marine
engines, as incorporated by reference in Section
2447.
(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.
(67) "U.S.C." means United
States Code.
(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.
(69) "Useful life" for
spark-ignition marine engines means nine years for personal watercraft engines
and sixteen years for outboard, and sterndrive/inboard engines.
(70) "Warranty period" means the period of
time the engine or part is covered by the warranty provisions.
(71) "Warranty station" means any dealer,
service center or other agent that is authorized by the engine manufacturer to
perform diagnostic labor, repairs or replacements of warranted engine
components.
1. New
section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2.
New subsections (a)(4), (9), (14)-(16), (22)-(23), (26), (28), (33), (38)-(39),
(45) and (48), subsection renumbering and amendment of newly designated
subsections (a)(31)-(32), (36), (42), (46) and (49) filed 7-22-2002; operative
8-21-2002 (Register 2002, No. 30).
3. New subsections (a)(5),
(a)(8), (a)(12)-(13), (a)(30) and (a)(35), subsection renumbering and amendment
of newly designated subsection (a)(51) filed 11-13-2006; operative 12-13-2006
(Register 2006, No. 46).
4. Amendment of subsection (a)(5), new
subsections (a)(21), (a)(29), (a)(31)-(33), (a)(39)-(a)(40)(B),
(a)(42)-(a)(42)(B), (a)(44)-(a)(44)(E), (a)(46), (a)(50), (a)(53)-(54),
(a)(59)-(60) and (a)(62)-(63), repealer of subsections (a)(28), (a)(37) and
(a)(49), subsection renumbering and amendment of newly designated subsections
(a)(34), (a)(49), (a)(51), (a)(61), (a)(65) and (a)(69) filed 7-17-2009;
operative 8-16-2009 (Register 2009, No. 29).
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.