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Subpart 210-1: Applicability and Definitions

(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.

Contents:

Sec.

§210-1.1 Applicability

(a) This part applies to all 2006 and subsequent model-year personal watercraft engines, unless otherwise indicated, offered for sale or lease, or sold, or leased, for registration in this State.

(b) The provisions of this Part also apply to personal watercraft engines of the United States or its agencies.

§210-1.2 Definitions

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 sterndrive 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.