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Subpart 210-2: Certification and Prohibitions

(Statutory authority: Environmental Conservation Law §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0306-a, 71-2103 and 71-2105)

[Filed 7/9/03. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Mobile Sources and Technology Development at (518) 402-8292 is the contact for technical questions pertaining to this rule.



§210-2.1 Prohibitions

(a) It is unlawful for any person to sell or register, offer for sale or lease, import, deliver, purchase, rent, lease, acquire or receive a 2006 or subsequent model-year, personal watercraft engine in the State of New York which is not certified to California emission standards and meets all other applicable requirements of California Code of Regulations, title 13, sections 2440, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, 2445.1, 2445.2 , and 2446 (see Table 1, section 200.9 of this Title) and is otherwise not in compliance with the Environmental Conservation Law and these departmental regulations.

(b) This subpart does not apply to:

(1) sterndrive, inboard and outboard engines.

(2) (i) engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the Federal national security exemption, 40 CFR, subpart J, section 90.908 (see Table 1, section 200.9 of this Title), which is incorporated by reference herein. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a Federal certificate of conformity has been issued under 40 CFR part 91, subpart B (see Table 1, section 200.9 of this Title).

§210-2.2 Reporting

(a) The manufacturer will submit one copy of the California executive order relating to certification of new personal watercraft for each engine family to be sold in New York State to the department within 30 days of receiving the executive order from CARB. Manufacturers must also submit to New York annual sales and corporate average reports to show compliance with the corporate average requirements.

(b) For the purpose of determining compliance with this Part, the department may require any personal watercraft manufacturer subject to this Part to submit any documentation the department deems necessary to the effective administration and enforcement of this Part including all certification materials submitted to CARB.

§210-2.3 Enforcement

(a) The commissioner or a designee may enter and inspect a facility operated by a party subject to the requirements of this Part, any property, premises, books, papers, documents, or records (written and/or electronic) of that facility, at all reasonable times, locations, and hours, whether announced or unannounced, for the purpose of ascertaining compliance or noncompliance with the ECL and this Title. The conduct of operations subject to the provisions of this Part in this State is deemed to constitute consent to such an inspection.

(b) For the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this Part, any person subject to the provisions of this Part must, upon oral or written request of any officer or employee of the department, when properly identified and duly designated by the commissioner, furnish or permit such officer or employee at all reasonable times to have access to, and to copy all records relating to those parties which are subject to this Part.

(c) Unless otherwise specified in the ECL or regulations, any person subject to the provisions of this Part must retain all relevant records for at least three years from the creation of those records.