§ 2111. applicability

ATTACHMENT B

NOTE: This document is printed in a style to indicate changes from the existingprovisions. The originally proposed amendments are shown in single strikeout toindicate deletions and single underline to indicate additions to existing regulatorylanguage. The modifications to the ARB staff’s original proposal are shown indouble strikeout to indicate deletions and double underline to indicate additions.The feature “* * * * *” indicates existing language remains unchanged.

1. Amend section 2111, Title 13, California Code of Regulations, to read asfollows:

§ 2111. Applicability.

(a) * * * * *

(2) California-certified motor vehicle engines used in such vehicles, and

(3) California-certified 2000 and subsequent model-year off-roadcompression-ignition engines., and

(4) California-certified 2009 and subsequent model-year spark-ignitionsterndrive and inboard and sterndrive marine engines.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Healthand Safety Code.Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105,43106, 43107, and 43204-43205.5, Health and Safety Code.

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§ 2112. Definitions.

* * * * *

(l) “Useful life” means, for the purposes of this article:

* * * * *

(23) For 2009 and subsequent model year spark-ignition sterndrive andinboard and sterndrive marine engines, a period of ten years or 480 hours,whichever first occurs.

* * * * *

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3. Amend Appendix A to Article 2.1, Title 13, California Code of Regulations, toread as follows:

Appendix Ato Article 2.1

California In-Use Vehicle Emission-Related Recall Procedures, EnforcementTest Procedures, and Failure Reporting Procedures for 1982 and SubsequentModel-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles,Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and SubsequentModel-Year Off-Road Motorcycles and All-Terrain Vehicles, and 2000 andSubsequent Model-Year Off-Road Compression-Ignition Engines, and 2009 andSubsequent Model-Year Spark-Ignition Sterndrive and Inboard and SterndriveMarine Engines.

* * * * *

I. Passenger Car, Light-Duty Truck, Medium-Duty Vehicle, and Motorcycle, andSterndrive and Inboard and Sterndrive Parameters and Specifications.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104,and 43105, Health and Safety Code.Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100,43101, 43101.5, 43102, 43104, 43105, 43106, 43107, and 43204-43205.5,Health and Safety Code.

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§ 2139. Testing.

* * * * *

(h) For spark-ignition sterndrive and inboard and sterndrive marineengines, in-use compliance tests shall be performed pursuant to section2442, Title 13, California Code of Regulations. The in-use compliancetesting shall use the same test procedure utilized for the specific engine’soriginal certification testing.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104and 43105, Health and Safety Code.Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100,43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5and 43211-43213 Health and Safety Code.

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§ 2440. Applicability.

(a) * * * * *

(3) Spark-ignition sterndrive and inboard and sterndrive marine enginesproduced by the engine manufacturer specificallyto be used solely forcompetition are exempt from the requirements of this article, exceptsection 2443.1, provided that the marine watercraft in which the engine isinstalled is designed, built, and used solely for competition. Marinewatercraft not registered with a nationally-recognized organization thatsanctions professional competitive events or used for amateur oroccasional competition do not meet the competition exemption criteria.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and43104, Health and Safety Code.Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105,43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

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§ 2441. Definitions.

(a) * * * * *

(5) “Calculated load value” (CLV) refers to an indication of the currentairflow divided by peak airflow, where peak airflow is corrected for altitude,if available. This definition provides a unitless number that is not enginespecific, and provides the service technician with an indication of thepercent engine capacity that is being used (with wide open throttle as100%). See equation below:

____Current airflow______ X Atmospheric pressure (at sea level)CLV= Peak airflow (at sea level) Barometric pressure

(4)(6)(5) “Capture rate” means the percentage of in-use engines subject torecall which must be corrected to bring the class of engines intocompliance. The number of engines subject to recall shall be based onthe actual number of engines in use as verified by engine registrationrecords compiled and prepared by industry, or a comparable source asdetermined by the Executive Officer at the time a recall is initiated.

(5)(7)(6) “Carryover engine family” means an engine family that undergoescertification using carryover test data from previous model years.

(6)(8)(7) “Certification” means, with respect to new spark-ignition marineengines, obtaining an Executive Order for an engine family complying withthe spark-ignition marine engine exhaust emission standards andrequirements specified in Title 13, California Code of Regulations,sections 2442 and 2447.

(7)(9)(8) “Complete engine assembly” or “complete engine configuration”means an assembly of a basic engine and all of the specific applicablecomponents (e.g., air inlet, fuel and exhaust systems, etc.) andcalibrations (e.g., carburetor jet size, valve timing, etc.) required for theassembly to be installed in a new unit of equipment.

(10)(9) “Continuous monitoring” means sampling at a rate no less than twosamples per second. If for engine control purposes, a computer inputcomponent is sampled less frequently, the value of the component mayinstead be evaluated each time sampling occurs.

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(8)(11)(10) “Emission control system” means any device, system, orelement of design that controls or reduces the emission of substancesfrom an engine.

(9)(12)(11) “Enforcement test results” means data or information gatheredthrough enforcement programs conducted by the Air Resources Board.These programs include, but are not limited to, field inspections, in-usecompliance testing, assembly-line testing.

(10)(13)(12) “Engine family” means a subclass of a basic engine based onsimilar emission characteristics. The engine family is the grouping ofengines that is used for the purposes of certification.

(11)(14)(13) “Engine identification number” means a unique specification(for example, model number/serial number combination) that allows eachspark-ignition marine engine to be distinguished from other similarengines.

(14) “Engine manufacturer” means the manufacturer granted certification.

(15) “Engine misfire” means lack of combustion in the cylinder due toabsence of spark, poor fuel metering, poor compression, or any othercause.

(16) “Engine start” is defined as the point at which normal, synchronizedspark and fuel control is obtained or when the engine reaches a speed150 revolutions per minute (rpm) below the normal, warmed-up idlespeed.

(12)(17) “Exhaust emissions” means matter emitted into the environmentfrom any opening downstream from the exhaust port of a spark-ignitionmarine engine.

(13)(18) “Executive Officer” means the Executive Officer of the AirResources Board or his or her authorized representative.

(14)(19) “Executive Order” means an order issued by the Executive Officercertifying engines for sale in California.

(15)(20) “Family Emission Limit” means an emission value assigned by amarine engine manufacturer to an engine family for the purpose ofcomplying with a corporate average exhaust emission standard. TheFamily Emission Limit (FEL) must not exceed the limit specified in thisArticle.

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(16)(21) “Fuel system” means all components involved in the transport,metering, and mixture of the fuel from the fuel tank to the combustionchamber(s) including, but not limited to the following: fuel tank, fuel tankcap, fuel pump, fuel lines, oil injection metering system, carburetor or fuelinjection components, and all fuel system vents.

(22) “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 fuelcalibration schedule than short-term trim adjustments. These long-termadjustments compensate for engine differences and gradual changes thatoccur over time.

(23) “Functional check” for an output component means verification ofproper response to a computer command. For an input component,functional check means verification of the input signal being in the rangeof normal operation, including evaluation of the signal's rationality incomparison to all available information.

(17)(24) “Inboard Engine” means a four-stroke four-stroke spark-ignitionmarine engine not used in a personal watercraft that is designed such thatthe propeller shaft penetrates the hull of the marine watercraft while theengine and the remainder of the drive unit is internal to the hull of themarine watercraft.

(18)(25) “Inspection criteria” means the pass and fail numbers associatedwith a particular sampling plan.

(26) “Malfunction” means the inability of an emission-related component orsystem to remain within design specifications. Further, malfunction refersto the deterioration of any of the above components or systems to adegree that would likely cause the emissions of an aged engine with thedeteriorated components or systems present at the beginning of theapplicable certification emission test to exceed the HC+NOx emissionstandard by more than 50 percent, unless otherwise specified, asapplicable pursuant to Subchapter 1 (commencing with Section 1900),Chapter 3 of Title 13.

(19)(27) “Marine engine manufacturer” means any person engaged in themanufacturing or assembling of new spark-ignition marine engines or theimporting of such engines for resale, or who acts for and is under thecontrol of any such person in connection with the distribution of suchengines. A spark-ignition marine engine manufacturer does not includeany dealer with respect to new spark-ignition marine engines received bysuch person in commerce.

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(28) “Marine warm-up cycle” means sufficient engine operation such thatthe coolant temperature has risen by at least 40 degrees Fahrenheit fromengine starting and reaches a minimum temperature of at least 140degrees Fahrenheit.

(20)(28)(29) “Marine watercraft” means every description of boat, ship orother artificial contrivance used, or capable of being operated on water.

(21)(29)(30) “Model year” means the engine manufacturer’s annual newmodel production period which includes January 1 of the calendar year forwhich the model year is named, ends no later than December 31 of thecalendar year, and does not begin earlier than January 2 of the previouscalendar year. Where an engine manufacturer has no annual new modelproduction period, model year means the calendar year.

(22)(30)(31) “New”, for purposes of this Article, means a spark-ignitionmarine engine or watercraft the equitable or legal title to which has neverbeen transferred to an ultimate purchaser. Where the equitable or legaltitle to the engine or watercraft is not transferred to an ultimate purchaseruntil after the engine or watercraft is placed into service, then the engineor watercraft will no longer be new after it is placed into service. A spark-ignition marine engine or watercraft is placed into service when it is usedfor its functional purposes. With respect to imported spark-ignition marineengines or watercraft, the term A“new” means an engine or watercraft thatis not covered by an Executive Order issued under this Article at the timeof importation, and that is manufactured after the effective date of asection in this Article which is applicable to such engine or watercraft, orwhich would be applicable to such engine or watercraft had it beenmanufactured for importation into the United States.

(23)(31)(32) “Nonconformity” or “Noncompliance”, for purposes of Title 13,California Code of Regulations, section 2444.1, means that:

(A) a significant number, determined by the Executive Officer, of aclass 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 undersection 2442 which are applicable to the model year of suchengines; or

(B) a class of engines that at any time within their useful lives,although properly maintained and used, on average does notcomply with the emission standards prescribed under section 2442which are applicable to the model year of such engines.

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(32)(33) “Operating cycle” consists of engine startup, engine run, andengine shutoff.

(24)(33)(34) “Original equipment manufacturer” means a manufacturerwho purchases engines for installation in its equipment for sale to ultimatepurchasers.

(25)(34)(35) “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 marinewatercraft.

(26)(35)(36) “Personal watercraft engine” means a spark-ignition marineengine that does not meet the definition of outboard engine, inboardengine or sterndrive engine, except that the Executive Officer may, in hisor her discretion, may classify a personal watercraft engine as an inboardor sterndrive engine if it is comparable in technology and emissions to aninboard or sterndrive engine.

(27)(36)(37) “Production-line tests” are emission tests performed on asample of production engines produced for sale in California andconducted in accordance with Title 13, California Code of Regulations,section 2446(a).

(37)(38) “Redline engine speed” means the engine manufacturerrecommended maximum engine speed as normally displayed oninstrument panel tachometers, or the engine speed at which fuel shutoffoccurs.

(38)(39) “Response rate,” with regards to oxygen sensors, refers to thedelay (measured in milliseconds) between a switch of the sensor fromlean to rich or vice versa in response to a change in fuel/air ratio aboveand below stoichiometric.

(28)(39)(40) “Sales” or “Eligible sales” means the actual or calculatedsales of an engine family in California for the purposes of corporateaveraging and production-line testing. Upon Executive Officer approval,an engine manufacturer may calculate its eligible sales through marketanalysis of actual federal production or sales volumes.

(29)(40)(41) “Scheduled maintenance” means any adjustment, repair,removal, disassembly, cleaning, or replacement of components or systemsrequired by the engine manufacturer to be performed on a periodic basisto prevent part failure or marine watercraft or engine malfunction, or thoseactions anticipated as necessary to correct an overt indication ofmalfunction or failure for which periodic maintenance is not appropriate.

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(41) ”Small volume manufacturer” means a marine engine manufacturerwith spark-ignition marine engine sales less than 2,000 per year in theUnited States. It is the responsibility of the manufacturer to document thesales rate to the Executive Officer.

(30)(42) “Spark-ignition marine engine” means any engine used to propela marine watercraft, and which utilizes the spark-ignition combustioncycle; including, but not limited to personal watercraft, outboard, inboardand sterndrive engines.

(31)(43) “Sterndrive engine” means a four-stroke four-stroke spark-ignitionmarine engine not used in a personal watercraft that is designed such thatthe drive unit is external to the hull of the marine watercraft, while theengine is internal to the hull of the marine watercraft.

(32)(44) “Test engine” means the engine or group of engines that anengine manufacturer uses during certification, production-line and in-usetesting to determine compliance with emission standards.

(45) “Test Procedures” means the document entitled “California ExhaustEmission Standards and Test Procedures for 2001 Model Year and LaterSpark-Ignition Marine Engines,” which includes the standards and testprocedures applicable to 2001 and later spark-ignition personal watercraft,outboard, inboard and sterndrive marine engines, as adopted October 21,1999 and as amended (insert date of amendment). This document isincorporated by reference herein.

(33)(46) “Ultimate purchaser” means, with respect to any newspark-ignition marine engine, the first person who in good faith purchasessuch new spark-ignition marine engine for purposes other than resale.

(34)(47) “U.S.C.” means United States Code.

(48) “Used solely for competition” means exhibiting features that are noteasily removed and that would render its use other than in competitionunsafe, impractical, or highly unlikely.

(35)(49) “Useful life” for spark-ignition marine engines means nine yearsfor personal watercraft engines and sixteen years for an outboard, enginesterndrive, and inboard and sterndrive engines.

(50) “Warm-up cycle” means sufficient engine operation such that thecoolant temperature has risen by at least 40 degrees Fahrenheit fromengine starting and reaches a minimum temperature of at least 160degrees Fahrenheit.

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(36)(51)(50) “Warranty period” means the period of time the engine or partis covered by the warranty provisions.

(37)(52)(51) “Warranty station” means any dealer, service center or otheragent that is authorized by the engine manufacturer to perform diagnosticlabor, repairs or replacements of warranted engine components.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and43104, Health and Safety Code.Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

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§ 2442. Emission Standards.

* * * * *

(b) Exhaust emissions from new model year 2003 and later spark-ignitionsterndrive and inboard and sterndrive marine engines must not exceed theexhaust emission standards listed in Table 2 or Table 3, as applicable, forthe designated emission durability test period.

Table 2.

Inboard and Sterndrive Exhaust Emission Standards(by Implementation Date)

Model Year HC+NOx

(grams per kilowatt-hour)Durability Test Period

(hours)2003-20081 15.016.02 —

2007 and Later3, 4 5.0 480

1. Engines with a maximum rated power exceeding 373 kilowatts (500horsepower) are not required to comply with these standards.

2. Compliance towith the HC+NOx standard may be averaged on asales-weighted basis, across the engine manufacturers’ California production,based on projected California sales or the projected California percentage ofnational sales.

3. For model year 2007, engine manufacturers shall certify a minimum of 1045%of their California production (projected California sales or projected Californiapercentage of national sales) to the 2009 model year emission standard.s andother requirements.4. For model year 2008, engine manufacturers shallcertify a minimum of 5075% of their California production (projected Californiasales or projected California percentage of national sales) to the 2009 modelyear emission standard.s and other requirements.

Table 3.

Small Volume ManufacturersInboard and Sterndrive Exhaust Emission Standards

Model Year HC+NOx


(hours)2009 and Later 5.0 480

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(1) No crankcase emissions shall be discharged into the ambientatmosphere from 2003 and later spark-ignition sterndrive and inboard andsterndrive marine engines.

* * * * *

(3) For each engine family, the engine manufacturer shall submit the totalnumber of engines produced for sale in California, sales data or the totalnumber of engines produced for sale nationally, ninety (90) days after theend of the model year.

* * * * *


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8. Amend section 2443.1, Title 13, California Code of Regulations, to read asfollows:

§ 2443.1. Emission Control Labels – Model Year 2001 and LaterSpark-Ignition Marine Engines.

* * * * *

(b) Applicability. This section applies to:

(1) Model year 2001 and later spark-ignition personal watercraft andoutboard marine engines and model year 2003 and later spark-ignitionsterndrive and inboard and sterndrive marine engines, which have beencertified to the applicable emission standards pursuant to Health andSafety Code section 43013;

* * * * *(c) Engine Label and Location.

(1) A legible label must be welded, riveted or otherwise permanentlyattached by the engine manufacturer to an area of the engine (e.g., blockor crankcase) in such a way that it will be readily visible to the averageperson after installation of the engine in the watercraft. If such anattachment is not feasible, the Executive oOfficer may allow the label to beattached on components of the engine or watercraft assembly (asapplicable) that satisfy the requirements of Subsection (c)(2)(A) or(c)(2)(B) below, as applicable . Such labels must be attached on allcomplete engine assemblies that are produced by an enginemanufacturer.

(2) (A) Personal Watercraft and Outboard Engines. In selecting anacceptable location, the engine manufacturer must consider the possibilityof accidental damage (e.g., possibility of tools or sharp instrumentscoming in contact with the label). Each engine label must be affixed insuch a manner that it cannot be removed without destroying or defacingthe label, and must not be affixed to any engine (or watercraft, asapplicable) part that is likely to be replaced during the engine’s (orwatercraft’s, as applicable) useful life or that is not integral to the engine’soperation. The engine label must not be affixed to any engine (orwatercraft as applicable) component that is easily detached from theengine. If the engine manufacturer claims there is inadequate space toattach the label, the Executive Officer will determine a suitable location.

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(B) Inboard and Sterndrive Engines. In selecting an acceptablelocation, the engine manufacturer must consider visibility and thepossibility of accidental damage (e.g., possibility of tools or sharpinstruments coming in contact with the label). The engine label must beaffixed in such a manner that it cannot be removed without destroying ordefacing the label. The engine label must contain the unique identificationnumber that has been assigned to the engine, pursuant to subsection (a)of this section. If the engine manufacturer claims there is inadequatespace to attach the label, the Executive Officer will determine a suitablelocation.

* * * * *

(d) For Sterndrive and Inboard and Sterndrive Engines used solely forCompetition.

* * * * *

(1) A legible label must be welded, riveted or otherwise permanentlyattached by the engine manufacturer to an area of the engine (e.g., blockor crankcase) in such a way that it will be readily visible to the averageperson after installation of the engine in the watercraft. If such anattachment is not feasible, the Executive Officer may allow the label to beattached on components of the engine or watercraft assembly (asapplicable) that satisfy the requirements of Subsection (d)(2). Such labelsmust be attached on all complete engine assemblies that are produced byan engine manufacturer.

(2) In selecting an acceptable location, the engine manufacturer mustconsider visibility and the possibility of accidental damage (e.g., possibilityof tools or sharp instruments coming in contact with the label). EachTheengine label must be affixed in such a manner that it cannot be removedwithout destroying or defacing the label, and must not be affixed to anyengine (or watercraft, as applicable) part that is likely to be replacedduring the engine’s (or watercraft’s, as applicable) useful life or that is notintegral to the engine’s operation. The engine label must not be affixed toany engine (or watercraft as applicable) component that is easily detachedfrom the enginecontain the unique identification number that has beenassigned to the engine, pursuant to subsection (a) of this section. If theengine manufacturer claims there is inadequate space to attach the label,the Executive Officer will determine a suitable location.

* * * * *

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(fg) Supplemental Engine Label Content and Location for PersonalWatercraft and Outboard Engines only.

* * * * *


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§ 2443.2. Consumer/Environmental Label Requirements.

(a) * * * * *

(b) Applicability. This section applies to:

(1) Model year 2001 and later spark-ignition personal watercraft andoutboard marine engines and model year 2003 and later spark-ignitionsterndrive and inboard and sterndrive marine engines, which have beencertified to the applicable emission standards pursuant to Health andSafety Code section 43013;

* * * * *

(c) * * * * *

(2) Label location. For outboard engines, a single label must bepermanently affixed to the back of the engine cover or cowling. Forpersonal watercraft, sterndrives and inboards, a single label must beaffixed two or three inches to the right of the required location of theCalifornia Assigned Vessel Number displayed on the port side of the hull.For inboard and sterndrive engines, labels must be affixed to the engineand to the port side of the hull, either to the right or left and in closeproximity to the required location of the California Assigned VesselNumber. Each label must be manufactured and permanently affixed sothat it cannot be removed without destroying or defacing the label, mustbe readily visible and must not be affixed to any location that is likely to bereplaced during the engine’s useful life. For the purposes of thisparagraph, readily visible means that the label’s shape and number ofstars are discernable from a distance of 100 feet.

* * * * *

(4) For Personal Watercraft and Outboard Marine Engines:

* * * * *

(5) For Inboard and Sterndrive Marine Engines:

(A) Labels on Engines. Labels must be affixed to new engines bythe engine manufacturer. The engine manufacturer is responsiblefor ensuring that appropriate environmental labels are properlyapplied to its engines. Improper labeling or distributing of labels will

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subject the engine manufacturer to penalties as described inparagraph (h) of this section.

(B) Labels on Watercraft. Labels must be affixed to the port side ofwatercraft by the watercraft/original equipment manufacturer. Thewatercraft/original equipment manufacturer is responsible forensuring that appropriate labels are properly applied to itswatercraft. Improper labeling or distributing of hull environmentallabels will subject the watercraft/original equipment manufacturer topenalties as described in paragraph (h).

Engine manufacturers are responsible for providing labels thatcorrespond with the engine for all engines supplied towatercraft/original equipment manufacturers. Enginemanufacturers also are responsible for providing to thewatercraft/original equipment manufacturers instructions regardinglabel selection and placement. Failure to provide appropriate labelsand instructions to the watercraft/original equipment manufacturerwill subject the engine manufacturer to penalties as described inparagraph (h) of this section.

* * * * *

(h) If the Executive Officer finds any engine manufacturer using labels forwhich it has responsibility for attaching that are different from thoseapproved or that do not substantially comply with the discernibility ordurability requirements set forth in these specifications, the enginemanufacturer will be subject to being enjoined from any further sales ordistribution, of applicable equipment product line that uses noncompliantlabels in the State of California pursuant to section 43017 of the Healthand Safety Code. If the Executive Officer finds any engines or watercraftwith labels that are not affixed in accordance with paragraph (c)(1)(B), theengine manufacturer or watercraft/original equipment manufacturer thatwas responsible for label placement must remove the labels from allaffected watercraft and engines and will be subject to being enjoined fromany further sales or distribution, of applicable equipment product line thatuses noncompliant labels in the State of California pursuant to section43017 of the Health and Safety Code. Additional penalties may beassessed to the extent permissible under Part 5, Division 26 of the Healthand Safety Code. Before seeking remedial action against the engine orequipment manufacturer, the Executive Officer will consider anyinformation provided by the engine or equipment manufacturer.

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NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and43104, Health and Safety Code.Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

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§ 2443.3. Environmental Label/Consumer Notification Requirements.

(a) Applicability. This section applies to model year 2001 and laterspark-ignition personal watercraft and outboard marine engines and modelyear 2003 and later spark-ignition sterndrive and inboard and sterndrivemarine engines, which have been certified to the applicable emissionstandard pursuant to Health and Safety Code section 43013.

(b) A nonpermanent label (i.e., hang tag) must be attached to eachpersonal watercraft or outboard engine or watercraft, as applicable, at timeof sale. A nonpermanent label (i.e., hang tag) produced and supplied bythe engine manufacturer must be attached, by the seller, to each inboardand sterndrive engine or watercraft, as applicable, when introduced forsale to ultimate purchasers. that Environmental labels pursuant to thissection shall includes a copy of the following:

* * * * *


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§ 2444.1. In-Use Compliance Testing and Recall Regulations – Model Year2001 and Later Spark-Ignition Marine Engines.

(a) Applicability. This section applies to model year 2001 and laterspark-ignition personal watercraft and outboard marine engines, whichhave been certified to the applicable emission standards pursuant toHealth and Safety Code section 43013. Spark-ignition sterndrive andinboard and sterndrive marine engines shall comply with the in-usecompliance testing and recall requirements found in tTitle 13, CaliforniaCode of Regulations, sSections 2111, et seq through 2140 and 2147.

* * * * *


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12. Adopt section 2444.2, Title 13, California Code of Regulation, to read asfollows:

§ 2444.2. On-Board Engine Malfunction Detection System Requirements –Model Year 2007 and Later Spark-Ignition Sterndrive and Inboardand Sterndrive Marine Engines.

Beginning withAll 2007 and 2008 model year spark-ignition sterndrive andinboard and sterndrive marine engines certified to the 5.0 grams perkilowatt-hour HC+NOx standard, shall comply with the requirements forsubsections (a) through (k)(h) below, except as noted shall beimplemented as follows. For all 2009 model year and later spark-ignitionsterndrive and inboard and sterndrive marine engines, the requirements inbold type willshall also apply.

Diagnostic systems shall, at a minimum, comply with the requirements ofTitle 13, section1968, “Malfunction and Diagnostic System for 1988 andSubsequent Model Year Passenger Cars, Light-Duty Trucks, andMedium-Duty Vehicles with Three-Way Catalyst Systems and FeedbackControl,” California Code of Regulations, except as otherwise stipulatedbelow.This section shall be implemented according to the provisions of thefollowing subsections or by means determined by the Executive Officer tobe equivalent in meeting the requirements of this section.

(a) General requirements.

(1) Spark-ignition sterndrive and inboard marine engines sold as new shallbe equipped with an integrated malfunction detection and notificationsystem, hereinafter known as oOn-board dDiagnostics-mMarine (OBD-M)system, to identify emission-related malfunctions of the catalyst, fuelsystem, primary oxygen sensors used for feedback fuel control, secondaryoxygen sensors (if equipped) used for catalyst monitoring,computer-sensed comprehensive components, and the on-boardcomputer itself, by means of diagnostic trouble codes stored innon-volatile computer memory. For this section, a computer-sensedcomprehensive component is any electronic device that:

(A) provides information to the on-board computer and significantlyimpacts emissions when malfunctioning; or

(B) is used to enable or disable any other OBD-M monitoringstrategy.

Emission-related malfunctions are not limited to emission controlcomponents and systems only, but to any other electronic component orsystem that can affect emissions including the on-board computer itself.

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(2) The OBD-M system shall not be required to identify engine misfireunless such monitoring is determined necessary by the Executive Officerto preserve or protect the catalyst system. The Executive Officer shall (aspart of the in-water testing and development program to be conducted inconjunction with U.S. EPA, the U.S. Coast Guard, the marine industry, andcatalyst manufacturers) identify whether, and to what extent, misfire inspark-ignition inboard and sterndrive marine engines may affect catalystdurability and performance. If the Executive Officer determines thatengine misfire is a significant factor in reducing the durability and/orperformance of marine catalysts, engine manufacturers shall be requiredto incorporate appropriate misfire detection diagnostics into the OBD-Msystem. In that case, the provisions in subsection (b)(5) shall beconsidered sufficient for satisfying the obligation to monitor misfire.Alternate misfire monitoring strategies shall be considered by theExecutive Officer and may be implemented in lieu of subsection (b)(5) ifdemonstrated by the engine manufacturer to provide an equivalent degreeof catalyst protection. Otherwise the provisions of that subsection shall bevoluntary. In making a determination, the Executive Officer shall considerthe cost effectiveness of requiring additional monitoring to address theconcerns identified by the test program in addition to the leadtimenecessary to modify existing hardware and software, to add misfiredetection hardware (e.g., sensors) if necessary, and to developengine-specific calibrations to accommodate misfire monitoring.Notwithstanding, misfire monitoring shall not be required prior to the 2009model year, and may be delayed beyond that date pending ExecutiveOfficer discretion.

(3) The OBD-M system shall not be required to detect anyemissions-related malfunction that prevents the engine from starting. TheOBD-M system shall not be required to monitor any emissions-relatedcomponent or system if the only reliable way to accomplish suchmonitoring would either significantly impair engine/vessel operability ordecrease the safety involved with operating the engine/vessel.

(4)Additionally, OBD-M systems shall have the capability to activate anaudio or visual alert device located on the marine vessel to inform vesseloccupants in the event of emission-relateda malfunctions, and to transmitdiagnostic information locally via a standardized data link connector.

(2)(5) Spark-ignition sterndrive and inboard marine vessels shall beequipped with an audio alert device and/or visual alert device that iscompatible with the activation function of the OBD-M system on theinstalled engine.

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(A) If equipped, the audio alert device shall provide sufficientvolume and intensity to be readily perceptible to vessel occupantsduring virtually anynormal modes of vessel operation and occupantactivity, but shall not exceed applicable maximum noise levels asset by authorized federal or State agencies. Further, the audio alertdevice shall in no way impede the function of required sound-signaling devices, or other safety-related devices, already presenton the vessel. The audio alert device shall sound briefly atreduced-volume in the engine-run key position duringbefore enginecranking to indicate that the audio alert device is functional. andshall, when activated, emit a periodic series of five full-volumebursts separated by no more than a two second interval betweenbursts and fifteen minutes between series. Notwithstanding, theaudio alert device shall emit a pulsating full-volume burst atone-second intervals during the detection of severe misfirethat can cause damage to the catalytic converter.

(B) If equipped, the visual alert device shall provide sufficientactivation and be located such that it is readily visible underallnormal lighting conditions, but shall in no way impede thefunction of any visual distress-signaling device, fog signal, ornavigational light. The visual alert device shall activate in theengine-run key position before engine cranking to indicate that thevisual alert device is functional and shall, when activated, displaythe phrase “Service Required.” or an equivalent standardizedphrase or symbol to be determined as specified in Subsection (g).Alternatively, the International Standards Organization (ISO) enginesymbol may be substituted for the phrase. Notwithstanding, thevisual alert device shall blink at one-second intervals duringthe detection of severe misfire that can cause damage to thecatalytic converter.

(3)(6) Malfunction thresholds for catalyst, misfire, fuel system, oxygensensor, and oxygen sensor heatercomputer-sensed comprehensivecomponent diagnostics shall be determined by the engine manufacturer.such that emissions do not exceed applicable emission certificationstandards, based on the Spark-Ignition Marine Engine test cycle, by morethan 50 percent before the malfunction thresholds have been reached.Malfunction thresholds for other monitored components and systems shallnot be limited to a percent increase above the standards, but shall bedetermined by the engine manufacturer to indicate when components orsystems are no longer operating within design tolerances. However, theengine manufacturer must demonstrate that the determination of thesethresholds is sufficient for detecting emission-related malfunctions in atimely and meaningful manner subject to Executive Officer approval (seeSubsection (e)(2)).

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(4)(7) Regarding diagnostic system monitoring and audio/visual alertdevice activation requirements, engine manufacturers are required todefine monitoring conditions that are representative of typical in-useoperation, and which will result in the routine execution and completion ofall IMDNOBD-M diagnostics in-use. With the exception of misfire, fuelsystem, and comprehensive component monitoring, these conditions shalloccur within a steady-state window of operation defined by throttleposition, delta throttle, engine load, and temperature. Within this window,monitors are required to execute, at least once per operating cycle,regardless of other operating conditions. A monitor must be enabledcontinuously while operating within the window; however, operation overthe entire window shall not be permitted as a condition for monitoringcompletion. Further, all steady-state monitoring conditions must bedesigned such that they will be encountered below eighty-five percent offull throttle. Subject to Executive Officer approval, engine manufacturersmay request the inclusion of other monitoring conditions to define thewindow of operation in the event a suitable environment to reliablydiagnose a particular monitoring strategy has not been provided. Inapproval of the request, the Executive Officer shall consider the extent towhich the use of additional conditions provide for more effective andfrequent in-use monitoring during normal operation. Misfire, fuel system,and comprehensive component monitors shall not be limited to steady-state windows of operation, but shall function continuously throughout theoperating cycle. Upon detection of a malfunction, except as noted inparagraphs (a)(2)(A) and (a)(2)(B) above, the audio/visual alert device isto be activated and a diagnostic trouble code stored no later than the endof the next operating cycle during which monitoring occurs provided themalfunction is again detected.

(5)(8) For model years 2007-2008, activation of the audio/visual alertdevice upon detection of a catalyst, fuel system, or oxygen sensor orheater malfunction shall be optional. The audio/visual alert deviceactivation for these model years shall be mandatory for other monitoringrequirements. The audio/visual alert device shall be activated duringthese model years for lack of function for electronic components/systemsotherwise approved for audio/visual alert device suppression.Furthermore However, there are no exemptions from storing diagnostictrouble codes in non-volatile computer memory during these model yearsfor any malfunction. The OBD-M must be capable of fully communicatingstored information to a generic scan tool via the standardized data linkconnector.

(6)(9) Engine manufacturers may employ alternate statistical audio/visualalert device activation and diagnostic trouble code storage protocols tothose specified in these requirements, subject to Executive Officer

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approval, based on comparable timeliness in detecting a malfunction andevaluating system performance. For strategies requiring, on average,between three and six operating cycles for audio/visual alert deviceactivation, the engine manufacturer shall provide data and/or anengineering evaluation which adequately demonstrate that the monitoringsystem is equally effective and timely in detecting deterioration. Strategiesrequiring on average more than six operating cycles for audio/visual alertdevice activation shall not be accepted.

(7)(10) Should emission control devices/strategies be introduced on theengine in addition to those identified herein as requiring monitoring (e.g.,exhaust gas recirculation), the engine manufacturers shall submit a planfornotify the Executive Officer approval of theand submit a plan formonitoring the new device/strategy and malfunction thresholds prior to itsincorporation into the OBD-M system. Executive Officer approval shall bebased on the effectiveness of the monitoring strategy, the malfunctioncriteria utilized, and the frequency at which the monitoring conditionsrequired by the diagnostic occur while in-use.

(8)(11) Engine manufacturers may request Executive Officer approval todisable any diagnostic strategy at ambient engine starting temperaturesbelow twentyforty (40) degrees Fahrenheit (low ambient temperatureconditions may be determined based on intake air or engine coolanttemperature at engine starting), and at elevations above eightsix thousandfive hundred (6,500) feet above sea level provided the enginemanufacturer submits data and/or an engineering evaluation whichadequately demonstrate that monitoring would be unreliable when suchconditions exist. Notwithstanding, diagnostic system disablement may berequested at other ambient engine starting temperatures if the enginemanufacturer adequately demonstrates with data and/or an engineeringevaluation that misdiagnosis would occur due to the impact of suchambient temperatures on the performance of the component itself (e.g.,component freezing).

(9)(12) Engine manufacturers may disable monitoring systemsindividualmonitors that can be affected by running out of fuel (e.g., misfire detection)when the fuel level is low, provided disablement will not occur when thefuel level is above fifteen percent of the nominal capacity of the fuel tank.

(10) Engine manufacturers shall not be required to individually monitor thepositive crankcase ventilation system or the engine thermostat unlessthese devices are specifically used to enable the execution of other IMDNdiagnostics.

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(13) The Executive Officer may grant an extension for compliance with therequirements of this section, with respect to an engine model or enginefamily, if the engine manufacturer demonstrates that a present electroniccontrol system cannot be modified in time for the 2007 model yearbecause major design changes, not consistent with the enginemanufacturer’s projected changeover schedule, would be needed tocomply with the provisions of the regulation. The period of extension shallnot exceed that period of time necessary to enable modification of theelectronic control system in accordance with the engine manufacturer’sprojected changeover schedule, or a period of two years, whichever firstoccurs. Engine manufacturers requesting an extension shall, no later thansix months prior to the applicable model year, submit to the ExecutiveOfficer a written request for exemption, setting forth the requireddemonstration and specifying the period for which the extension isrequested.

(b) Monitoring requirements.

(1) Catalyst monitoring.

(A) Purpose and scope:

(i) The diagnostic system shall monitor the catalyst system onspark-ignited marine engines for proper combined conversionefficiency of hydrocarbons and oxides of nitrogen (HC+NOx)toensure that the performance of the catalyst has not beencompromised due to engine misfire or other factors that candecrease catalyst durability.

* * * * *

(B) Malfunctioning criteria:

(i) The catalyst system shall be considered malfunctioning when itsconversion efficiency decreases to the point that HC+NOx tailpipeemissions exceed the applicable HC+NOx certification standard bymore than 50 percent, adjusted upward by the HC+NOx emissionsfrom a representative 20 hour catalyst system (i.e., [HC+NOx]tailpipe> 150% × [HC+NOx]standard + [HC+NOx]20hour). All emissionsmeasurements and standards are in reference to the spark-ignitionmarine engine test cyclethe temperature of the measuredcatalyst(s) exceeds a threshold value, as determined by the enginemanufacturer, indicating abnormally high operating temperature; orwhen the catalyst temperature fails to reach a minimum value, asdetermined by the engine manufacturer, indicating “light-off” of thecatalyst after a manufacturer-specified time interval has elapsed.

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(ii) Through the 2008 model year, as an option to settingmalfunction thresholds by relating tailpipe emissions to a percentincrease over applicable standards, engine manufacturers mayspecify relative malfunction thresholds based on a percentreduction of post-catalyst HC+NOx concentration compared to pre-catalyst HC+NOx concentration. In accordance with this provision,manufacturers may monitor the front catalyst independently of, or incombination with, the next catalyst downstream. Each monitoredcatalyst or catalyst combination shall be considered malfunctioningwhen total HC+NOx conversion efficiency falls below 60 percentwhile in normal closed loop operation. As a guideline, thecatalyst(s) should not be considered malfunctioning when itsefficiency is greater than 80 percent. The efficiency determinationshall be based on a steady state test, wherein a malfunction isnoted when the total HC+NOx emission concentration measured atthe outlet of the monitored catalyst(s) is more than 20 to 40 percentof the cumulative total engine-out emissions measured at the inletof the catalyst(s).

(ii) Subject to executive officer approval, alternate malfunctioncriteria (e.g., correlating oxygen sensor frequencies to catalystconversion efficiency) may be employed by the enginemanufacturer if the alternate criteria are appropriate and wouldprovide for enhanced monitoring capability.

(iii) For artificially heated catalyst systems (electric, heat exchanger,etc.), the heating mechanism shall be considered malfunctioningwhen the catalyst does not reach its designated heatingtemperature within a requisite time period after engine starting.The time period is to be determined by the manufacturer subject tothe conditions that it is representative of typical in-use operationand that it is sufficient to detect a heating system malfunctioncausing emissions to exceed the applicable HC+NOx certificationstandard by more than 50 percent.

(C) Monitoring conditions:

(i) The engine manufacturer shall choose a steady-state window ofoperation defined by throttle position, delta throttle, engine load,and temperaturedefine conditions for monitoring the catalyst withthe constraints that the check shall:

a. occur within a ± 15 percent throttle position windowbetween 25 percent and 85 percent of full throttle, or at idle

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should a catalyst warm-up temperature profile strategy beemployed,

a. be conducted at the earliest acceptable opportunityencountered after the beginning of each operating cycle; and

b. be tolerant of throttle position fluctuations or changes lessthan 1 percent per second over any two second intervalwithin the throttle position window,

c. take no more than a 40-second interval to determine boththat the engine is operating in a proper window to performthe check and to actually perform the check, and

d. be conducted at the earliest acceptable opportunityencountered after the beginning of each operating cycle.

Performance of the check may be delayed after engine startup untilstabilized coolant temperature is achieved and/or a suitablecumulative time interval of non-closed throttle engine operation haselapsed to ensure the catalyst is warmed-up for properly performingthe monitoring check. The specified cumulative time interval shallbegin from the first non-closed throttle operation either afterachieving a stabilized coolant temperature or after engine startingand shall not exceed 180 seconds. These monitoring constraintsand conditions may be altered, subject to Executive Officerapproval. Such approval shall be granted if the enginemanufacturer submits data and an engineering evaluation that,together, justify the need for the exception and demonstrate that therequested alteration would yield improved catalyst monitoring.

(ii) b. Tthe monitoring system shall operate at least once perin-use operating cycle during which the enginemanufacturer-defined monitoring conditions are met.

* * * * *

(2) Misfire monitoring.

(A) Purpose and scope: The diagnostic system shall monitorfor engine misfire. The diagnostic system does not have toidentify the misfiring cylinder(s), however misfire must beidentified regardless of whether it occurs in a single ormultiple number of cylinders.

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(B) Malfunctioning criteria: The diagnostic system shallidentify a malfunction when the total number of misfiresexceeds a percentage of the total number of firing eventsnecessary for satisfying the conditions listed below. Thesethreshold percentages shall be determined by the enginemanufacturer and provided in the certification documentation.

(i) The percent misfire evaluated in 200 crankshaft-revolutionincrements for each engine speed and load condition thatwould result in catalyst damage. Subject to Executive Officerapproval, a longer interval may be employed (but only fordetermining, on a given operating cycle, the first misfireexceedance in paragraph (b)(2)(D)(i)(a) below) provided theengine manufacturer submits data and/or an engineeringevaluation which adequately demonstrate that catalystdamage would not occur due to unacceptably high catalysttemperatures before the interval has elapsed. The enginemanufacturer shall submit in the certification documentationcatalyst temperature data versus percent misfire over the fullrange of engine speed and load conditions. The data shall beobtained from a representative cross section of an enginemanufacturer's engine offerings from small to largedisplacements. Up to three such engine evaluations shall bedocumented per engine manufacturer, though an enginemanufacturer may submit more data if desired. Anengineering evaluation shall be provided for establishingmalfunction criteria for the remainder of engine families in theengine manufacturer's product line. The Executive Officershall waive the evaluation requirement each year if, in thejudgment of the Executive Officer, technological changes donot affect the previously determined malfunction criteria;

(ii) The percent misfire evaluated in 1000 crankshaft-revolutionincrements that would cause emissions from an aged engine(480 hours) to exceed any of the spark-ignition marine enginetest cycle-based standards by more than 50 percent if thedegree of misfire were present from the beginning of the test.Subject to Executive Officer approval, an engine manufacturermay employ other crankshaft-revolution increments if theengine manufacturer adequately demonstrates that the strategyis equally effective and timely in detecting misfire. For thepurpose of establishing the percent misfire, the enginemanufacturer shall conduct the demonstration test(s) with themisfire events occurring at equally spaced complete enginecycle intervals, across randomly selected cylinders throughouteach 1000 crankshaft-revolution increment. However, the

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percent misfire established shall be applicable for any misfirecondition (e.g., random, continuous, equally-spaced, etc.) forthe purpose of identifying a malfunction. This criterion may beused for all engines containing the same number of cylindersas the aged engine. The number of misfires in 1000 crankshaft-revolution increments that was determined for the aged enginemalfunction criterion may be used to establish thecorresponding percent misfire malfunction criteria for engineswith other numbers of cylinders. The malfunction criteria foran engine manufacturer's product line shall be updated whenan aged engine is tested and subsequently indicates that morestringent criteria are necessary than previously established toremain within the above emission limit.


(i) Except as provided for in paragraph (ii) below, monitoringfor misfire shall be continuous from engine starting under allpositive torque engine speeds and load conditions.

(ii) As an exception to monitoring misfire during all positivetorque operating conditions, engine manufacturers maydisable misfire monitoring in the engine operating regionbound by the positive torque line (i.e., engine load with thetransmission in neutral), and the two following engineoperating points:

a. an engine speed of 3000 rpm with the engine load atthe positive torque line; and

b. the redline engine speed (defined in section 2441)with the engine's manifold vacuum at four inches ofmercury lower than that at the positive torque line.

Misfire detection systems unable to detect all misfire patternsunder all required conditions shall be evaluated forcompliance by the Executive Officer based on, but not limitedto, the following factors:

c. the magnitude of the region(s) in which misfiredetection is limited,

d. the degree to which misfire detection is limited in theregion(s) (i.e., the probability of detection of misfireevents),

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e. the frequency with which said region(s) are expectedto be encountered in-use,

f. the type of misfire patterns for which misfire detectionis troublesome, and

g. demonstration that the monitoring technologyemployed is not inherently incapable of detectingmisfire under required conditions (i.e., compliance canbe achieved on other engines).

The evaluation shall be based on the following misfirepatterns:

h. equally spaced misfire occurring on randomlyselected cylinders,

i. single cylinder continuous misfire; and

j. paired cylinder (cylinders firing at the same crankangle) continuous misfire.

Further, with Executive Officer approval, the enginemanufacturer may disable misfire monitoring or employ highermalfunction criteria when misfire cannot be distinguished fromother effects (e.g., ocean bounce) when using the bestavailable monitoring technology. The engine manufacturershall present data and/or an engineering evaluation to theExecutive Officer to justify the proposed action. ExecutiveOfficer approval shall be based on the extent to whichmonitoring is expected to be disabled in relation to thecapabilities of the best available monitoring technologies asapplied to other engines. However, any such disablementoccurring within the first 5 seconds after engine starting shallnot require Executive Officer approval. Additionally, forengines with greater than eight cylinders, the Executive Officershall waive the requirements of this section provided theengine manufacturer submits data and/or an engineeringevaluation which adequately demonstrates that misfiredetection throughout the required operating region cannot beachieved when employing proven monitoring technology (i.e.,a technology that provides for compliance with theserequirements on other engines) and provided misfire isdetected to the fullest extent permitted by the technology.

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(D) Malfunction notification and diagnostic trouble codestorage:

(i) Upon detection of the level of misfire specified in paragraph(b)(2)(B)(i), the following criteria shall apply for audio/visualalert device activation and diagnostic trouble code storage:

a. A temporary diagnostic trouble code shall be storedand the audio/visual alert device shall activate once-per-second during actual misfire conditions no later thanafter the third exceedance of the specified misfire levelwhen operating in the region bound by modes 2 through5 of the spark-ignition marine engine test cycle and nolater than after the first exceedance of the specifiedmisfire level when operating at any other engine speedand load condition during a single operating cycle.While a temporary diagnostic trouble code is stored, theaudio/visual alert device shall activate during everysubsequent exceedance during the operating cycle butmay remain inactive when misfire is not present. If thelevel of misfire is exceeded again (a single exceedance)during the following operating cycle or the nextoperating cycle in which similar conditions areencountered (as defined in paragraph (b)(3)(D)(iii)) orwhile a temporary diagnostic trouble code for the levelof misfire specified in paragraph (b)(2)(B)(ii) is present,the audio/visual alert device shall activate as specifiedabove, a diagnostic trouble code shall be stored, andthe audio/visual alert device shall remain continuouslyactivated, even if the misfire ceases. The initialtemporary code and stored conditions may be erased ifmisfire is not detected during the following operatingcycle and similar conditions have been encounteredwithout an exceedance of the specified misfire level.The code and conditions may also be erased if similardriving conditions are not encountered during 80operating cycles subsequent to the initial detection of amalfunction.

b. Notwithstanding, in engines that provide fuel shutoffand default fuel control to prevent over fueling duringmisfire conditions, the audio/visual alert device need notactivate at one-second intervals. Instead, theaudio/visual alert device may activate continuouslyupon detection of misfire, in accordance with therequirements for continuous audio/visual alert device

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activation in paragraph (a) above, provided that the fuelshutoff and default control shall be activated as soon asmisfire is detected. Fuel shutoff and default fuel controlmay be deactivated only to permit fueling outside of themisfire range.

(ii) Upon detection of the misfire level specified in paragraph(b)(2)(B)(ii), the following criteria shall apply for audio/visualalert device activation and diagnostic trouble code storage:

a. A temporary diagnostic trouble code shall be storedno later than after the fourth exceedance of the specifiedmisfire level during a single operating cycle and theaudio/visual alert device shall be activated and adiagnostic trouble code stored no later than the end ofthe following operating cycle or the next operating cyclein which similar conditions are encountered (as definedin paragraph (b)(2)(D)(iii)) if the level of misfire is againexceeded four times. The initial temporary code andstored conditions may be erased if misfire is notdetected during the following operating cycle andsimilar conditions have been encountered without anexceedance of the specified misfire level. The code andconditions may also be erased if similar drivingconditions are not encountered during 80 operatingcycles subsequent to the initial detection of amalfunction.

b. Notwithstanding, a temporary diagnostic trouble codeshall be stored no later than after the first exceedance ofthe specified misfire level during a single operatingcycle if the exceedance occurs within the first 1000crankshaft-revolutions from engine start (defined in theglossary) during which misfire detection is active. Theaudio/visual alert device shall be activated and adiagnostic trouble code stored no later than the end ofany subsequent operating cycle if misfire is againdetected in the first 1000 crankcase revolutions. Ifsimilar conditions are encountered during a subsequentoperating cycle without an exceedance of the specifiedmisfire level, the initial temporary code and storedconditions may be erased. Furthermore, if similardriving conditions are not encountered during 80operating cycles subsequent to the initial detection of amalfunction, the initial temporary code and storedconditions may be erased.

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(iii) Upon detection of misfire, engine manufacturers shallstore the engine speed, load, and warm-up status (i.e., cold orwarmed-up) under which the first misfire event was detectedthat resulted in the storage of a temporary diagnostic troublecode. An operating cycle shall be considered to have similarconditions if the stored engine speed conditions areencountered within 375 rpm, load conditions within 20 percent,and the same warm-up status is present. With ExecutiveOfficer approval, other strategies for determining if similarconditions have been encountered may be employed.Approval shall be based on comparable timeliness andreliability in detecting similar conditions.

(3)(2) Fuel system monitoring.

(A) Purpose and scope: The diagnostic system shall monitor thefuel delivery system for its ability to provide compliance withemission standardsdynamically adjust fuel delivery.

(B) Malfunction criteria: The engine manufacturer shall establishmalfunction criteria to monitor the fuel delivery system such that anengine's emissions would not exceed the applicable HC+NOx

certification standard by more than 50 percent before a fault isdetected. If the engine is equipped with fuel trim circuitry, theengine manufacturer shall include as one of the malfunction criteriathe condition where the trim circuitry has used up all of the trimadjustment allowed within the engine manufacturer's selectedlimit(s). Engine manufacturers may compensate the criteria limit(s)appropriately for changes in altitude or for other similar identifiableoperating conditions when they occur.

(C) Monitoring conditions: The fuel system shall be monitoredcontinuously for the presence of a malfunction.

(D) Malfunction notification and diagnostic trouble code storage:

(i) For fuel systems with short-term trim only capability, thediagnostic system shall store a diagnostic trouble code after thefuel system has attained the criteria limit for an enginemanufacturer-defined time interval sufficient to determine amalfunction. If the malfunction criteria limit and time interval areexceeded, the audio/visual alert device shall be activated and adiagnostic trouble code stored no later than the end of the nextoperating cycle in which the criteria and interval are againexceeded; unless drivingoperating conditions similar to those under

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which the problem was originally detected (manufacturer-definedconditions) have been encountered (see paragraph (iii) below)without such an exceedance, in which case the initial temporarycode and stored conditions may be erased. Furthermore, if similardrivingoperating conditions are not encountered during 80forty (40)operating cycles subsequent to the initial detection of a malfunction,the initial temporary code and stored conditions may be erased.

(ii) For fuel systems with long-term fuel trim capability, uponattaining a long-term based malfunction criteria limit independentof, or in combination with, the short-term trim system status, theaudio/visual alert device shall be activated and a diagnostic troublecode stored no later than the end of the next operating cycle if themalfunction is again detected. If the malfunction is not detectedduring the second operating cycle, the audio/visual alert deviceshall be activated and a diagnostic trouble code stored no later thanthe next operating cycle in which the malfunction is again detected;unless drivingoperating conditions similar to those under which theproblem was originally detected have been encountered (seeparagraph (iii) below)(manufacturer-defined conditions) have beenencountered without an indication of a malfunction, in which casethe initial temporary code and stored conditions may be erased.Furthermore, if similar drivingoperating conditions are notencountered during 80forty (40) operating cycles subsequent to theinitial detection of a malfunction, the initial temporary code andstored conditions may be erased.

(iii) Upon detection of a fuel system malfunction, enginemanufacturers shall store the engine speed, load and warm-upstatus (i.e., cold or warmed-up) under which the malfunction wasdetected. An operating cycle shall be considered to have similarconditions if the stored engine speed is encountered within 375 rpm,load conditions within 20 percent, and the same warm-up status ispresent. With Executive Officer approval, other strategies fordetermining if similar conditions have been encountered may beemployed. Approval shall be based on comparable timeliness andreliability in detecting similar conditions.

(4)(3) Oxygen sensor monitoring.

(A) Purpose and scope:

(i) The diagnostic system shall monitor the output voltage, andresponse rate, and any other parameter which can affectemissions, of all primary (fuel control) oxygen (lambda) sensors formalfunction. It shall also monitor all secondary oxygen sensors

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(fuel trim control or use as a monitoring device)when used as amonitoring device for proper output voltage and/or response rate.Response rate is the time required for the oxygen sensor to switchfrom lean-to-rich once it is exposed to a richer than stoichiometricexhaust gas mixture or vice versafrom rich-to-lean when exposedto a leaner than stoichiometric exhaust gas mixture. As aprecaution, (measuring oxygen sensor switching frequency may notbe an adequate indicator of oxygen sensor response rate,particularly at low speeds).

* * * * *

(iv) For engines equipped with heated oxygen sensors, the heatercircuit shall be monitored for proper current and voltage drop (note:a continuity check of oxygen sensors is not required). Other heatercircuit monitoring strategies would require approval by theExecutive Officer based on equally reliable and timely indication ofmalfunction as current or voltage-based monitoring.

(B) Malfunction criteria:

(i) An oxygen sensor shall be considered malfunctioning when thevoltage, response rate, or other criteria, as determined by theengine manufacturer, are exceeded and causes emissions from anengine equipped with the sensor(s) to exceed the applicableHC+NOx standard by more than 50 percent, or when sensor outputcharacteristics are no longer sufficient (e.g., lack of sensorswitching) for use as a diagnostic system monitoring device (e.g.,for catalyst efficiency monitoring).

(ii) For heated oxygen sensors, the heater circuit shall beconsidered malfunctioning when the current or voltage drop in thecircuit is no longer within the engine manufacturer's specified limitsfor normal operation (i.e., within the criteria required to be met bythe component vendor for heater circuit performance at highmileage). Subject to Executive Officer approval, other monitoringstrategy malfunction criteria for detection of heater circuitmalfunctions may be used provided the engine manufacturersubmits data and/or an engineering evaluation adequately showingmonitoring reliability and timeliness to be equivalent to the statedcriteria in this paragraph.


(i) For primary oxygen sensor(s) used for fuel control, the responserate and output voltage shall be monitored for malfunction after the

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engine has commenced closed-loop operation. If the oxygensensor(s) is used as part of the monitoring strategy for the catalyst,the oxygen sensor(s) diagnostics should be scheduled to executebefore the catalyst diagnostics begin. The engine manufacturershall choose a steady-state window of operation defined by throttleposition, delta throttle, engine load, and temperature for monitoringthe oxygen sensor with the constraints that the check shall:

(i) The engine manufacturer shall define conditions for monitoringthe oxygen sensor(s) with the constraints that the check shall:

a. occur within a ± 10 percent throttle position windowbetween 35 percent and 85 percent of full throttle,

a. be conducted at the earliest acceptable opportunityencountered after the beginning of each operating cycle; and

b. be tolerant of throttle position fluctuations or changes lessthan 1 percent per second over any two second intervalwithin the throttle position window,

b. operate at least once per in-use operating cycle duringwhich the engine manufacturer-defined monitoringconditions are met.

c. take no more than a 30 second interval to determine boththat the engine is operating in a proper window to performthe check and to actually perform the check, and

d. be conducted at the earliest such condition encounteredafter the beginning of closed-loop operation for eachoperating cycle.

Performance of the check may be delayed after engine startup untilstabilized coolant temperature is achieved and/or a suitablecumulative time interval of non-closed throttle engine operation haselapsed to ensure the oxygen sensor is warmed-up for properlyperforming the monitoring check. The specified cumulative timeinterval shall begin from the first non-closed throttle operation eitherafter achieving a stabilized coolant temperature or after enginestarting and shall not exceed 180 seconds. These monitoringconstraints and conditions may be altered, subject to ExecutiveOfficer approval. Such approval shall be granted if the enginemanufacturer submits data and an engineering evaluation that,together, justify the need for the exception and demonstrate that the

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requested alteration would yield improved oxygen sensormonitoring.

(ii) The monitoring system shall operate at least once per in-useoperating cycle during which the engine manufacturer-definedmonitoring conditions are met.

(ii) For primary oxygen sensors(s) used for fuel control, theresponse rate and output voltage shall be monitored for malfunctionafter the engine has commenced closed-loop operation. If theoxygen sensor(s) is used as part of the monitoring strategy for thecatalyst, the oxygen sensor(s) diagnostics should be scheduled toexecute before the catalyst diagnostics begin.

(iii) For secondary oxygen sensors used for catalyst monitoringand/or fuel system trim, the engine manufacturer shall definesteady state operating conditions for response rate and/or outputvoltage malfunction monitoring that are representative of typical in-use operation, and which will result in the routine execution andcompletion of the diagnostics in-use. The monitoring system shalloperate at least once per operating cycle during which the enginemanufacturer-defined monitoring conditions are met.

(iv) For heated oxygen sensors, the engine manufacturer shalldefine appropriate operating conditions for malfunction monitoringof the heater circuit that are representative of typical in-useoperation, and which will result in the routine execution andcompletion of the diagnostic in-use. The monitoring system shalloperate at least once per operating cycle during which the enginemanufacturer-defined monitoring conditions are met.

* * * * *

(E) Other (non-Lambda) oxygen sensors:

(i) For engines equipped with universal exhaust gas oxygensensors (i.e., sensors which provide an output proportional toexhaust gas oxygen concentration), the engine manufacturer shalldefine steady state operating conditions as in paragraph (b)(4)(C)(i)above for the diagnostic system to perform a response rate check(the time required to respond to a specific change in fuel/air ratio)that are representative of typical in-use operation, and which willresult in the routine execution and completion of all IMDNdiagnostics in-use. The monitoring system shall operate at leastonce per operating cycle during which the engine manufacturer-defined monitoring conditions are met. The diagnostic system shall

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also perform an out-of-range check for which monitoring shall becontinuous. For malfunctions, audio/visual alert device activationand diagnostic trouble code storage shall be as in paragraph(b)(4)(D).

(ii) If an engine manufacturer utilizes other types of oxygensensors, the engine manufacturer shall submit a monitoring plan tothe Executive Officer for approval based on equivalent monitoringwith conventional sensors.

(5)(4) Computer-sensed Ccomprehensive component monitoring.

(A) Purpose and scope: The diagnostic system shall monitor formalfunction any computer-sensed electronic enginecomponents/system not otherwise described in this subsectionabove which eitherthat provides input to (directly or indirectly) , orreceives commands from the on-board computer, and whichthat:(1) can affect emissions during any reasonable in-usedrivingoperating condition, or (2) isare used as part of thediagnostic strategy for any other monitored system or component.

(i) Input components:

(i) a. The monitoring system shall have the capability ofdetecting, at a minimum, lack of circuit continuity and outof range values to ensure proper operation of the inputdevice. The determination of out of range values shallinclude logic evaluation of available information todetermine if a component is operating within its normalrange (e.g., a low throttle position sensor voltage wouldnot be reasonable at a high engine speed with a highmass airflow sensor reading). To the extent feasible,said logic evaluation shall be “two-sided” (i.e., verify asensor output is not inappropriately high or low).

(ii) b. InputComputer-sensed comprehensive components mayinclude, but are not limited to, the engine speed sensor,crank angle sensor, knock sensor, throttle position sensor,coolant temperature sensor, cam position sensor, and otherelectronic components such as sensors, modules, andsolenoids which provide signals to the engine control system(see paragraph (b)(5)(E))and fuel injectors.

(iii) c. The coolant temperature sensor shall be monitoredfor achieving a stabilized minimum temperature levelthat is needed to achieve closed-loop operation within

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an engine manufacturer-specified time interval afterstarting the engine. The time interval shall be a functionof starting engine coolant temperature and/or a functionof intake air temperature. Engine manufacturers maysuspend or delay the diagnostic if the engine issubjected to conditions which could lead to falsediagnosis (e.g., engine operation at idle for more than 50to 75 percent of the warm-up time). Enginemanufacturers shall provide data to support specifiedtimes. The Executive Officer shall allow disablement ofthis check under extremely low ambient temperatureconditions (below 20 degrees Fahrenheit) provided anengine manufacturer submits data and/or anengineering evaluation that adequately demonstratenon-attainment of a stabilized minimum temperature.

(ii) Output components:

a. The diagnostic system shall monitor output componentsfor proper functional response to computer commands.

b. Components for which functional monitoring is notfeasible shall be monitored, at a minimum, for proper circuitcontinuity and out of range values, if applicable.

c. Output components may include, but are not limited to, theautomatic idle speed motor, emission-related electronicsolenoids, heated fuel preparation systems, and a warm-upcatalyst bypass valve (see paragraph (b)(5)(E)).

(B) Malfunction criteria:

(i) Input components: Input components/systemsComputer-sensedcomprehensive components shall be considered malfunctioningwhen, at a minimum, lack of circuit continuity or enginemanufacturer-specified out-of-range values occur.

(ii) Output components:

a. Output components/systems shall be consideredmalfunctioning when proper functional response tocomputer commands does not occur. Should afunctional check for malfunction not be feasible, then anoutput component/system shall be consideredmalfunctioning when, at a minimum, lack of circuit continuity

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or engine manufacturer-specified out-of-range valuesoccurs.

b. The idle speed control motor/valve shall be monitoredfor proper functional response to computer commands.For strategies based on deviation from target idle speed,a fault shall be indicated when the idle speed controlsystem cannot achieve the target idle speed within anengine manufacturer specified time and engine speedtolerance. In general, the engine speed tolerances shallnot exceed 200 rpm above the target speed or 100 rpmbelow the target speed. The Executive Officer shallallow larger engine speed tolerances provided an enginemanufacturer submits data and/or an engineeringevaluation which adequately demonstrate that thetolerances can be exceeded without a malfunctionpresent.


(i) Input components: InputComputer-sensed components shall bemonitored continuously for proper range of values and circuitcontinuity. For rationality monitoring (where applicable), enginemanufacturers shall define appropriate operating conditionsthat are representative of typical in-use operation and willresult in the routine execution and completion of alldiagnostics in-use. Rationality monitoring shall occur at leastonce per operating cycle during which the enginemanufacturer-defined monitoring conditions are met.

(ii) Output components: Monitoring for circuit continuity and properrange of values (if applicable) shall be conducted continuously.For functional monitoring, engine manufacturers shall defineappropriate operating conditions that are representative oftypical in-use operation and will result in the routine executionand completion of all diagnostics in-use. Functionalmonitoring shall occur at least once per operating cycle duringwhich the engine manufacturer-defined monitoring conditionsare met.


(i) Upon detecting a malfunction, the diagnostic system shall store adiagnostic trouble code and activate the audio/visual alert device nolater than the end of the next operating cycle during whichmonitoring occurs provided the malfunction is again detected.

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(ii) In conjunction with storing a diagnostic trouble code, enginemanufacturers shall activate the audio/visual alert device formalfunctions of components/systems for which either of thefollowing occurs:

a. when malfunctioning, the component or system couldcause engine emissions to increase by 15 percent or moreof the HC+NOx standard, or

b. the component/system is used as part of the diagnosticstrategy for any other monitored system or component.

(E) Component determination: The engine manufacturer shalldetermine whether an engine input or output component nototherwise covered can affect emissions. If the Executive Officerreasonably believes that an engine manufacturer has incorrectlydetermined that a component cannot affect emissions, theExecutive Officer shall require the engine manufacturer to provideemission data showing that such a component, when faulty andinstalled in a suitable test engine, does not have an emission effect.Emission data may be requested for any reasonable drivingcondition.

(5) Misfire monitoring.

The provisions in this subsection shall be considered voluntaryunless otherwise determined by the Executive Officer according tosubsection (a)(2) above.

(A) Purpose and scope: The diagnostic system shall identify theoccurrence of engine misfire that can result in damage to thecatalyst system. Identification of the misfiring cylinder is notrequired, however all patterns of misfire must be identifiedregardless of whether it occurs in a single or multiple number ofcylinders.

(B) Malfunctioning criteria: The diagnostic system shall identify amalfunction when the total number of misfires evaluated in 200crankshaft-revolution increments for each engine speed and loadcondition exceeds a percentage (determined by the enginemanufacturer to cause damage to the catalyst system) of the totalnumber of firing events in each increment. These thresholdpercentages shall be provided in the certification documentation.Subject to Executive Officer approval, an interval longer than 200crankshaft-revolutions may be used. The engine manufacturer

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shall submit in the certification documentation catalyst temperaturedata versus percent misfire over the full range of engine speed andload conditions. Alternatively, catalyst temperature data may besubmitted for every 500 rpm increment along the Propeller Lawcurve beginning at engine idle and continuing throughout the “Notto Exceed Zone” for marine propulsion engines with Fixed- andVariable-pitch propellers, as defined in 40 CFR, subpart B,section 94.106, which is incorporated by reference herein. Thedata shall be obtained from a representative cross section (fromsmall to large displacements) of an engine manufacturer'sproduction. Up to three such engine evaluations shall bedocumented per engine manufacturer, though an enginemanufacturer may submit more data, if desired. An engineeringevaluation shall be provided for establishing malfunction criteria forthe remainder of engine families in the engine manufacturer'sproduct line. The Executive Officer shall waive the evaluationrequirement each year if, in the judgment of the Executive Officer,technological changes do not affect the previously determinedmalfunction criteria.


(i) Monitoring for misfire shall be continuous from engine startingunder all steady-state positive torque engine speeds and loadconditions.

(ii) As an exception to monitoring misfire during all positive torqueoperating conditions, engine manufacturers may disable misfiremonitoring in the engine operating region bound by the positivetorque line (i.e., engine load with the transmission in neutral), andthe two following engine operating points:

a. an engine speed of 3,000 rpm with the engine load at thepositive torque line; and

b. the redline engine speed (defined in section 2441) withthe engine's manifold vacuum at four inches of mercurylower than that at the positive torque line.

Misfire detection systems unable to detect all misfire patterns underall required conditions shall be evaluated for compliance by theExecutive Officer based on, but not limited to, the following factors:

c. the magnitude of the region(s) in which misfire detection islimited,

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d. the degree to which misfire detection is limited in theregion(s) (i.e., the probability of detection of misfire events),

e. the frequency with which said region(s) are expected to beencountered in-use,

f. the type of misfire patterns for which misfire detection istroublesome, and

g. demonstration that the monitoring technology employed isnot inherently incapable of detecting misfire under requiredconditions (i.e., compliance can be achieved on otherengines).

The evaluation shall be based on the following misfire patterns:

h. equally spaced misfire occurring on randomly selectedcylinders,

i. single cylinder continuous misfire; and

j. paired cylinder (cylinders firing at the same crank angle)continuous misfire.

Further, with Executive Officer approval, the engine manufacturermay disable misfire monitoring or employ higher malfunction criteriawhen misfire cannot be distinguished from other effects (e.g.,turbulence causing the propeller to alternately emerge from thenre-submerge into the water.) when using the best reasonablyavailable monitoring technology. The engine manufacturer shallpresent data and/or an engineering evaluation to the ExecutiveOfficer to justify the proposed action. Executive Officer approvalshall be based on the extent to which monitoring is expected to bedisabled in relation to the capabilities of the best availablemonitoring technologies as applied to other engines. However, anysuch disablement occurring within the first 5 seconds after enginestarting shall not require Executive Officer approval. Additionally,for engines with greater than eight cylinders, the Executive Officershall waive the requirements of this section provided the enginemanufacturer submits data and/or an engineering evaluation whichadequately demonstrates that misfire detection throughout therequired operating region cannot be achieved when employingproven monitoring technology (i.e., a technology that provides forcompliance with these requirements on other engines) andprovided misfire is detected to the fullest extent permitted by thetechnology.

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(i) Upon detection of the level of misfire specified in subsection(b)(5)(B) above, the following criteria shall apply for audio/visualalert device activation and diagnostic trouble code storage:

a. A temporary diagnostic trouble code shall be stored nolater than after the third exceedance of the specified misfirelevel when operating in the region bound by modes 2through 5 of the spark-ignition marine engine test cycle andno later than after the first exceedance of the specifiedmisfire level when operating at any other engine speed andload condition during a single operating cycle. If the level ofmisfire is exceeded again (a single exceedance) during thefollowing operating cycle, or the next operating cycle inwhich similar conditions are encountered (manufacturerdefined conditions), the audio/visual alert device shallactivate, a diagnostic trouble code shall be stored, and theaudio/visual alert device shall remain continuously activated,even if the misfire ceases. The initial temporary code andstored conditions may be erased if misfire is not detectedduring the following operating cycle and similar conditionshave been encountered without an exceedance of thespecified misfire level. The code and conditions may also beerased if similar operating conditions are not encounteredduring forty operating cycles subsequent to the initialdetection of a malfunction.

b. Notwithstanding, in engines that provide fuel shutoff anddefault fuel control to prevent over fueling during misfireconditions, the audio/visual alert device need not activateprovided that the fuel shutoff and default control shall beactivated as soon as misfire is detected. Fuel shutoff anddefault fuel control may be deactivated only to permit fuelingoutside of the misfire range.

(c) Additional audio/visual alert device activation and diagnostic troublecode storage protocol.

(1) Audio/visual alert device activation: For all emission-relatedcomponents/systems, upon final determination of a malfunction, theaudio/visual alert device shall remain continuously activated(except that it shall activate at one-second intervals asindicated previously for misfire detection). If any malfunctionsare identified in addition to misfire, the misfire condition shall

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take precedence, and the audio/visual alert device shallactivate at one-second intervals accordingly.OBD-M systemshall activate an audio or visual alert device.

(A) If so equipped, visual alert devices shall remain activatedcontinuously whenever a malfunction has been identified by theOBD-M system, and may be deactivated only according to theprovisions in paragraph (2) below, or with a scan tool afterappropriate repairs have been effected.

(B) If so equipped, audio alert devices may remain activatedcontinuously when a malfunction has been identified by the OBD-Msystem; however, the Executive Officer shall consider alternativestrategies in which the audio alert is activated on a discontinuous,but repetitive, basis. To be acceptable, discontinuous audio alertstrategies must convey a sense of urgency to vessel operatorsregarding the presence of OBD-M malfunctions.

Upon fulfillment of the standardization processes referred to insubsection (g) below, a protocol for audio alert device activationshall be specified authorizing only discontinuous activation. Astandardized notification format is necessary to facilitate consumerassociation of the audio alert pattern with the identification of anOBD-M malfunction independent of manufacturer or platform.OBD-M system designers are encouraged to cooperate fully witheach other and the ARB early on in this endeavor to minimize theredesigning of OBD-M audio alert activation algorithms once astandardized protocol has been finalized.

(C) The diagnostic system shall store a diagnostic trouble codewhenever the audio/visual alert device is activated. The diagnosticsystem shall activate the audio/visual alert device and shall store adiagnostic trouble code whenever the engine enters a default or"limp home" mode of operation. The diagnostic system shallactivate the audio/visual alert device and shall store a diagnostictrouble code whenever the engine control system fails to enterclosed-loop operation (if employed) within an engine manufacturerspecified minimum time interval.

(2) Audio/visual alert device deactivation:

(A) Misfire and Fuel System Malfunctions: For misfire or fuelsystem malfunctions, the audio/visual alert device may bedeactivated if the fault does not recur when monitored during threesubsequent sequential operating cycles in which conditions are

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similar to those under which the malfunction was first determined(see paragraphs (b)(2)(D)(iii) and (b)(3)(D)(iii)).

* * * * *

(3) Erasing a diagnostic trouble code: The diagnostic system may erase adiagnostic trouble code if the same fault is not re-registered in at leastforty (40) engine warm-up cycles, and the audio/visual alert device is notactivated for that diagnostic trouble code.

* * * * *

(e) Readiness/Function code: The on-board computer shall store a codeupon first completing a full diagnostic check (i.e., the minimum number ofchecks necessary for audio/visual alert device activation) of all monitoredcomponents and systems (except as noted below) since the computermemory was last cleared (i.e., through the use of a scan tool or batterydisconnect). The code shall be stored in the format specified bySAE J1979, September 1997, or alternatively as specified in ISO 15765-4,November 1999, and ISO 15031-5, December 1999. These documentsare incorporated by reference in paragraphs (i)(2) and (i)(5). Thediagnostic system check for comprehensive component monitoring andcontinuous monitoring of misfire and fuel system faults shall beconsidered complete for purposes of determining the readiness indicationif malfunctions are not detected in these areas by the time all otherdiagnostic system checks are complete. Subject to Executive Officerapproval, if monitoring is disabled for a multiple number of operatingcycles due to the continued presence of extreme operating conditions(e.g., cold ambient temperatures, high altitudes, etc.), readiness for thesubject monitoring system may be set without monitoring having beencompleted. Executive Officer approval shall be based on the conditionsfor monitoring system disablement and the number of operating cyclesspecified without completion of monitoring before readiness is indicated.

(f) Stored engine conditions: Upon detection of the first malfunction of anycomponent or system, “freeze frame” engine conditions present at the timeshall be stored in computer memory. Should a subsequent fuel system ormisfire malfunction occur, any previously stored freeze frame conditionsshall be replaced by the fuel system or misfire conditions (whicheveroccurs first). Stored engine conditions shall include, but are not limited to,calculated load value, engine rpm, fuel trim value(s) (if available), fuelpressure (if available), engine speed (if available), coolant temperature,intake manifold pressure (if available), closed- or open-loop operation (ifavailable), and the diagnostic trouble code which caused the data to bestored. The engine manufacturer shall choose the most appropriate set ofconditions facilitating effective repairs for freeze frame storage. Only one

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frame of data is required. Engine manufacturers may at their discretionchoose to store additional frames provided that at least the required framecan be read by a generic scan tool meeting SAE specifications establishedin SAE J1978, Recommended Practices on “OBD II Scan Tool,”February 1998, and SAE J1979, “E/E Diagnostic Test Modes,”September 1997, which are incorporated by reference herein. If thediagnostic trouble code causing the conditions to be stored is erased inaccordance with paragraph (c)(3), the stored engine conditions may becleared as well.

(g)(e) Certification documentation: The engine manufacturer shall submitthe following documentation for each engine family at the time ofcertification. With Executive Officer approval, one or more of thedocumentation requirements specified in this section may be waived oraltered if the information required would be redundant or unnecessarilyburdensome to generate:

* * * * *

(G) criteria for storing diagnostic trouble code

(H)(G) criteria for activating the audio/visual alert device

(I) criteria used for determining out of range values and inputcomponent rationality checks

* * * * *

(5) A scale drawing of the audio/visual alert device specifying location inthe instrument panel, wording, color, and intensity.

(6) Data supporting the selected degree of misfire which can betolerated without damaging the catalyst. Representative datademonstrating the capability of the misfire monitoring system (i.e.,probability of detection of misfire events) to detect misfire over thefull engine speed and load operating range for selected misfirepatterns (i.e., random cylinders, one cylinder out, paired cylindersout).

(7) Data supporting the limit for the time between engine starting andattaining the designated heating temperature for artificially heated catalystsystems.

(8) Data supporting the criteria used to indicate a malfunction when catalystdeterioration causes emissions to exceed the applicable HC+NOx thresholdspecified in paragraph (b)(1)(B)(i).

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(9) If applicable, data supporting the criteria used by the diagnostic systemfor establishing a 60 to 80 percent catalyst efficiency level to determine amalfunction in accordance with paragraph (b)(1)(B)(ii).

(10) A listing of all electronic engine input and output signals.

(11)(5) Any other information determined by the Executive Officer to benecessary to demonstrate compliance with the requirements of this section.

(h)(f) Confirmatory testing : The ARB may perform confirmatory testing ofengine manufacturers’ diagnostic systems for compliance withrequirements of this section in accordance with malfunction criteriasubmitted in the engine manufacturer’s approved certificationdocumentation. The ARB or its designee may install appropriatelydeteriorated or malfunctioning components in an otherwise properlyfunctioning test engine (or simulate a deteriorated or malfunctioningcomponent response) in order to test the fuel system, misfire detectionsystem, oxygen sensor, and catalyst efficiency system, and misfire (ifapplicable) monitors for compliance with the applicable emissionconstraints in this section. Diagnostic systems of a representative sampleof engines that uniformly fail to meet the requirements of this section maybe recalled for correction.

(i) Standardization: Standardized access to emission-related diagnostictrouble codes, emission-related engine test information (i.e., parametervalues) as outlined in subsection (j), emission related diagnosticprocedures, and stored freeze frame data shall be incorporated based onthe industry specifications referenced in this regulation.

(g) Standardization: The spark-ignition inboard and sterndrive marineindustry, in cooperation with ARB, will develop and adhere to standardizedspecifications for the implementation of OBD-M, including diagnosticstrouble code formats, communication, and scan tool protocols.

(1) Either SAE Recommended Practice J1850, “Class B DataCommunication Network Interface”, March 1998, or ISO 9141-2, “Roadengines - Diagnostic Systems - CARB Requirements for Interchange ofDigital Information,” February 1994, or ISO 14230-4, “Road engines -Diagnostic systems - KWP 2000 requirements for Emission-relatedsystems,” April 1996, which are incorporated by reference, shall be used asthe on-board to off-board network communications protocol. All SAEJ1979 emission related messages sent to the J1978 scan tool over aJ1850 data link shall use the Cyclic Redundancy Check and the three-byteheader, and shall not use inter-byte separation or checksums.

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(2) (A) J1978 & J1979: Standardization of the message content(including test modes and test messages) as well as standardizationof the downloading protocol for diagnostic trouble codes, parametervalues and their units, and freeze frame data are set forth inSAE J1978, Recommended Practices on “OBD II Scan Tool,”February 1998, and SAE J1979, “E/E Diagnostic Test Modes,”September 1997, which have been incorporated by reference.Diagnostic trouble codes, parameter values, and freeze frame datashall be capable of being downloaded to a generic scan tool meetingthese SAE specifications.

(B) The J1978 scan tool shall be capable of notifying the user whenone or more of the required monitoring systems are not included aspart of the IMDN system.

(3) J2012 Part C: Uniform diagnostic trouble codes based on SAEspecifications shall be employed. SAE J 2012, “Recommended Formatand Messages for Diagnostic Trouble Codes,” October 1996, isincorporated by reference.

(4) J1962: A standard data link connector in each engine shall beincorporated. The location of the connector shall be easily identified by atechnician viewing the engine from above. Any pins in the standardconnector that provide any electrical power shall be properly fused toprotect the integrity and usefulness of the diagnostic connector fordiagnostic purposes. The SAE J1962 Recommended Practice “DiagnosticConnector,” February 1998, is incorporated by reference.

(j) Signal access.

(1)The following signals in addition to the required freeze frame informationshall be made available on demand through the serial port on thestandardized data link connector: calculated load value, diagnostic troublecodes, engine coolant temperature (if available), fuel control system status(open loop, closed loop, other; if equipped with closed loop fuel control),fuel trim (if equipped), fuel pressure (if available), ignition timing advance (ifequipped), intake air temperature (if equipped), manifold air pressure (ifequipped), air flow rate from mass air flow meter (if equipped), engine rpm,throttle position sensor output value (if equipped), and engine speed (ifequipped). The signals shall be provided in standard units based on theSAE specifications incorporated by reference in this regulation, and actualsignals shall be clearly identified separately from default value or limphome signals.

(2) Oxygen sensor data (including current oxygen sensor output voltages)allowing the diagnosis of malfunctioning oxygen sensors shall be provided

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through serial data port on the standardized data link. In addition, for allmonitored components and systems, except misfire detection, fuel systemmonitoring, and comprehensive component monitoring, results of the mostrecent test performed by the engine, and the limits to which the system iscompared shall be available through the data link. For the monitoredcomponents and systems excepted above, a pass/fail indication for themost recent test results shall be available through the data link. Such datashall be transmitted in accordance with SAE J1979 (or SAE J1939,whichever applies). Engine manufacturers shall report the test results suchthat properly functioning systems do not indicate a failure (e.g., a test valuethat is outside of the test limits). Alternative methods shall be approved bythe Executive Officer if, in the judgment of the Executive Officer, theyprovide for equivalent off-board evaluation.

(3) Calibration Verification Number: Engine manufacturers shallprovide for verification of the on-board computer software integrity inelectronically reprogrammable control units through the standardizedengine data connector in a standardized format to be adopted bySAE. Such verification shall be capable of being used to determine ifthe emission-related software and/or calibration data are valid andapplicable for that engine.

(k)(h) Implementation schedule.

* * * * *

(3) (A)(i) The specified fines shall apply to the secondthird andsubsequently identified deficiencies, with the exception that finesshall apply to all monitoring system deficiencies wherein a requiredmonitoring strategy is completely absent from the IMDNOBD-Msystem; and

* * * * *

(B) For the secondthird deficiency and every deficiency thereafteridentified in an engine model, the fines shall be in the amount of$5025 per deficiency per engine for non-compliance with any of themonitoring requirements specified in subsections (b)(1) through(b)(4), and $25 per deficiency per engine for non-compliance withany other requirementthis section. In determining the identifiedorder of deficiencies, deficiencies of subsections (b)(1) through(b)(4) shall be identified first. Total fines per engine under thissection shall not exceed $500250 per engine and shall be payableto the State Treasurer for deposit in the Air Pollution Control Fund.

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NOTE: Authority cited: Sections 39515, 39600, 39601, 43006, 43013, 43018,43104, and 44036.2, Health and Safety Code; Sections 27156 and 38395 EngineCode.Reference: Sections 39002, 39003, 39667, 43000, 43004, 43006, 43008.6,43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and44036.2, Health and Safety Code; Sections 27156, 38391, and 38395, EngineCode.

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§ 2446. 2001 and Subsequent Later Model Year Production-Line TestProcedures and Selective Enforcement Auditing Regulations forSpark-Ignition Marine Engines.

(a) Applicability. This section applies to 2001 and subsequent laterspark-ignition personal watercraft and outboard marine engines. Theallowable methods of production-line testing are specified inparagraphssubsections (b) and (c), unless the engine manufacturer cansatisfactorily provide an alternate method that shows an equivalentassurance of compliance to that of paragraphsubsection (b). The enginemanufacturer must choose only one method for each model year andsubmit its method of production-line testing to the Executive Officer forapproval no later than 90 days prior to the start of the subject model yearproduction. Only subsections (d) and (e) apply to 2003 and laterspark-ignition inboard and sterndrive marine enginesThe 2003 and laterspark-ignition inboard and sterndrive marine engines are only subject tothe selective enforcement audit requirements specified within subsections(d) and (e) of this section.

* * * * *

(d) Test Procedures Applicable to All Production-Line and SelectiveEnforcement Audit Testing.

* * * * *

(3) Engine Preparation and Preconditioning.

(A) No emissions tests may be performed on an engine before thefirst production-line test or selective enforcement audit test on thatengine.

(B) The engine or watercraft must be tested after the enginemanufacturer's recommended break-in period. The enginemanufacturer must submit to the Executive Officer the schedule forengine break-in and any changes to the schedule with eachquarterly report. This schedule must be adhered to for allproduction-line testing, or as required by the Executive Officer forselective enforcement audit testing, within an engine family andsubgroup or engine family and assembly plant as appropriate.

(C) If an engine or watercraft is shipped to a remote facility forproduction-line or selective enforcement audit testing, and

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adjustment or repair is necessary because of such shipment, theengine manufacturer must perform the necessary adjustments orrepairs only after the initial test of the engine or watercraft. Enginemanufacturers must report to the Executive Officer in the quarterlyreport for all production-line testing, or as required by the ExecutiveOfficer for selective enforcement audit testing, all adjustments orrepairs performed on engines or watercraft prior to each test. In theevent a retest is performed, a request may be made to theExecutive Officer, within ten days of the production quarter, forpermission to substitute the after-repair test results for the originaltest results. The Executive Officer will either affirm or deny therequest by the engine manufacturer within ten working days fromreceipt of the request.

(D) If an engine manufacturer determines that the emission testresults of an engine or watercraft are invalid, the engine orequipment must be retested. Emission results from all tests mustbe reported. The engine manufacturer must include a detailedreport on the reasons for each invalidated test in the quarterlyreport for all production-line testing, or as required by the ExecutiveOfficer for selective enforcement audit testing.

* * * * *

(5) (A) The Executive Order is automatically suspended with respect toany engine failing pursuant to paragraph (b)(3)(D) or (c)(2)(A)(iv) orwhose test results for a regulated pollutant exceed the emissionstandards effective from the time that testing of that engine iscompleted.

* * * * *

(e)(5) (B) A failed engine is one whose final test results for HC+NOx

pursuant to paragraph (b)(3)(D) or (c)(2)(iv), as applicable, exceedthe applicable family emission level or whose test results for aregulated pollutant exceed the emission standards.

* * * * *


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14. Amend California Exhaust Emission Standards and Test Procedures for2001 Model Year and Later Spark-Ignition Marine Engines, to read as follows:

Part I. Emission Regulations for 2001 and Later New Spark-Ignition MarineEngines, General Provisions.

1. General Applicability.

* * * * *

(3) Spark-ignition inboard and sterndrive marine engines produced bythe engine manufacturer specificallyto be used solely forcompetition are exempt from the requirements of this document,provided that the marine watercraft in which the engine is installedis designed, built, and used solely for competition. Marinewatercraft used for amateur or occasional competition do not meetthe competition exemption criteria.

* * * * *

9. Exhaust Emission Standards for 2001 and Later Spark-IgnitionMarine Engines.

* * * * *

(b) Exhaust emissions from new model year 2003 and later spark-ignitionsterndrive and inboard and sterndrive marine engines must not exceed theexhaust emission standards listed in Table 2 or Table 3, as applicable, forthe designated emission durability test period.

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Table 2.

Inboard and Sterndrive Exhaust Emission Standards(by Implementation Date)

Model Year HC+NOx


(hours)2003-20081 15.016.02 —

2007 and Later3, 4 5.0 480

1. Engines with a maximum rated power exceeding 373 kilowatts (500horsepower) are not required to comply with these standards.

2. Compliance towith the HC+NOx standard may be averaged on asales-weighted basis, across the engine manufacturers’ California production,based on projected California sales or the projected California percentage ofnational sales.

3. For model year 2007, engine manufacturers shall certify a minimum of 1045%of their California production (projected California sales or projected Californiapercentage of national sales) to the 2009 model year emission standard.s andother requirements.4. For model year 2008, engine manufacturers shallcertify a minimum of 5075% of their California production (projected Californiasales or projected California percentage of national sales) to the 2009 modelyear emission standard.s and other requirements.

Table 3.

Small Volume ManufacturersInboard and Sterndrive Exhaust Emission Standards

Model Year HC+NOx


(hours)2009 and Later 5.0 480

* * * * *

§ 2111. applicability

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