Section 2441 - Definitions(a) Definitions in section 1900(b), Division 3, Chapter 9, Title 13 of the California Code of Regulations, apply with the following additions:(1) "Abuse" means incorrect or improper operation of an engine or equipment unit that results in the failure of an emission-related part.(2) "Acceptable quality level" (AQL) means the maximum percentage of failing engines that can be considered a satisfactory process average for sampling inspections.(3) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer or by the Executive Officer's designee.(4) "Base Fuel Schedule" refers to the fuel calibration schedule programmed into the Engine Control Module or PROM when manufactured or when updated by some off-board source, prior to any learned on-board correction.(5) "Boat manufacturer," as it applies in Section 2442(b), means any person or business entity engaged in the manufacturing, assembling, or importing of new vessels equipped with sterndrive/inboard engines for sale in California, or engaged in the sale, offer for sale, introduction, delivery or importation of such vessels into California for introduction into commerce. Included are those who act for and are under the control of any such person or business entity in connection with the distribution of such vessels. The term boat manufacturer does not include any person or business entity whose sole activities are the direct sale of said vessels to ultimate purchasers or the servicing of said vessels.(6) "Capture rate" means the percentage of in-use engines subject to recall which must be corrected to bring the class of engines into compliance. The number of engines subject to recall shall be based on the actual number of engines in use as verified by engine registration records compiled and prepared by industry, or a comparable source as determined by the Executive Officer at the time a recall is initiated.(7) "Carryover engine family" means an engine family that undergoes certification using carryover test data from previous model years.(8) "CE10 fuel" is a blend of 45% toluene, 45% iso-octane, and 10% ethanol that has been standardized in the American Society of Testing and Materials publication D471-98 (ASTM D471-98) as a reference fuel for evaluating the evaporative permeability of fuel-containing materials.(9) "Certification" means, with respect to new spark-ignition marine engines, obtaining an Executive Order for an engine family complying with the spark-ignition marine engine exhaust emission standards and requirements specified in Title 13, California Code of Regulations, sections 2442 and 2447.(10) "Complete engine assembly" or "complete engine configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required for the assembly to be installed in a new unit of equipment.(11) "Continuous monitoring" means sampling at a rate no less than two samples per second. If for engine control purposes, a computer input component is sampled less frequently, the value of the component may instead be evaluated each time sampling occurs.(12) "Direct Emissions Device" means any powertrain component or system that has been designed specifically to control emissions performance, or that is an essential element of engine fueling and/or combustion that can affect emissions performance by design or through calibration (e.g., fuel metering, fuel delivery, etc.).(13) "ECM hour-meter" means a device that is integrated into the engine control module (ECM) and that is capable of storing and incrementing time intervals based on the clock rate of the ECM.(14) "Emission control system" means any device, system, or element of design that controls or reduces the emission of substances from an engine.(15) "Enforcement test results" means data or information gathered through enforcement programs conducted by the Air Resources Board. These programs include, but are not limited to, field inspections, in-use compliance testing, assembly-line testing.(16) "Engine family" means a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification.(17) "Engine identification number" means a unique specification (for example, model number/serial number combination) that allows each spark-ignition marine engine to be distinguished from other similar engines.(18) "Engine manufacturer" means the manufacturer granted certification.(19) "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause.(20) "Engine start" is defined as the point at which normal, synchronized spark and fuel control is obtained or when the engine reaches a speed 150 revolutions per minute (rpm) below the normal, warmed-up idle speed.(21) "Enhanced Evaporative Control System" means an integration of evaporative control hardware including activated carbon canisters, low permeation fuel hoses, and non permeable fuel tanks designed to comply with the diurnal and permeation standards in Table 2.2 of § 2442(b)(2).(22) "Exhaust emissions" means matter emitted into the environment from any opening downstream from the exhaust port of a spark-ignition marine engine.(23) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative.(24) "Executive Order" means an order issued by the Executive Officer certifying engines for sale in California.(25) "Family Emission Limit" means an emission value assigned by a marine engine manufacturer to an engine family for the purpose of complying with a corporate average exhaust emission standard. The Family Emission Limit (FEL) must not exceed the limit specified in this Article.(26) "Fuel system" means all components involved in the transport, metering, and mixture of the fuel from the fuel tank to the combustion chamber(s) including, but not limited to the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, and all fuel system vents.(27) "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. These long-term adjustments compensate for engine differences and gradual changes that occur over time.(28) "Functional check" for an output component means verification of proper response to a computer command. For an input component, functional check means verification of the input signal being in the range of normal operation, including evaluation of the signal's rationality in comparison to all available information.(29) "High Performance Engine" or "High Performance SD/I Engine" means a spark-ignition sterndrive/inboard marine engine with maximum engine power greater than 373 kilowatts.(30) "Inspection criteria" means the pass and fail numbers associated with a particular sampling plan.(31) "Intermediate Volume Manufacturer" means an engine manufacturer that produces high performance and/or standard performance sterndrive/inboard engines for sale in California in combined quantities greater than 75 units but less than 500 units annually.(32) "Jet boat" means a vessel that uses an installed internal combustion engine powering a water jet pump as its primary source of propulsion and is designed with open area for carrying passengers.(33) "Large Volume Manufacturer" means an engine manufacturer that produces high performance and standard performance sterndrive/inboard engines for sale in California in combined quantities equal to or greater than 500 units annually.(34) "Low-permeation hose" means a fuel hose that does not exceed a 15.0 grams per square meter per day permeation rate on CE10 fuel at 23° Celsius per SAE J1527.(35) "Malfunction" means the inability of an emission-related component or system to remain within design specifications. Further, malfunction refers to the deterioration of any of the above components or systems to a degree that would likely cause the emissions of an aged engine with the deteriorated components or systems present at the beginning of the applicable certification emission test to exceed the HC+NOx emission standard by more than 50 percent, unless otherwise specified, as applicable pursuant to Chapter 1 (commencing with Section 1900), Division 3, title 13, of the California Code of Regulations.(36) "Marine engine manufacturer" means any person engaged in the manufacturing or assembling of new spark-ignition marine engines or the importing of such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines. A spark-ignition marine engine manufacturer does not include any dealer with respect to new spark-ignition marine engines received by such person in commerce.(37) "Marine warm-up cycle" means sufficient engine operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 140 degrees Fahrenheit.(38) "Marine watercraft" means every description of boat, ship or other artificial contrivance used, or capable of being operated on water.(39) "Marinize" means to modify an existing automobile engine to operate reliably in a marine environment. Some typical modifications include upgrading the composition of exhaust components to be more resistive against rust and corrosion, incorporating a water jacket within the exhaust manifolds to reduce temperatures, and providing better insulation for electrical contacts that might otherwise be exposed to corrosive sea water.(40) "Maximum Engine Power" means the maximum brake power point on the nominal power curve for the engine configuration. The nominal power curve of an engine configuration is the relationship between maximum available engine brake power and engine speed for an engine, using the mapping procedures of 40 CFR part 1065, based on the manufacturer's design and production specifications for the engine. This information may also be expressed by a torque curve that relates maximum available engine torque with engine speed. The nominal power curve must be within the range of the actual power curves of production engines considering normal production variability. The power value should be rounded to the nearest whole kilowatt for engines greater than 30 kW and to the nearest 0.1 kW for engines less than or equal to 30 kW. Except as indicated below in paragraphs (A) and (B) of this definition, the maximum engine power for an engine family is the weighted average value of maximum engine power for each engine configuration within the engine family based on the total California production volume of engines produced from the engine family. Alternately:(A) For outboard or personal watercraft engines, maximum engine power is the greatest value for maximum engine power from all the different configurations within the engine family to determine the appropriate emission standard under § 2442(a).(B) For sterndrive/inboard engines, maximum engine power is the smallest value for maximum engine power from all the different configurations within the engine family to determine the standards and other requirements that apply under § 2442(b).(41) "Maximum Rated Power" means the maximum brake kilowatt output of an engine at rated speed, as stated in the manufacturer's application for certification.(42) "Maximum Test Speed" means: (A) the engine speed during sustained operation with maximum operator demand when testing other than a two-stroke engine installed in a vessel, or(B) the same as defined in 40 CFR 1045.501 and 40 CFR 1065.1001 when testing a two-stroke engine installed in a vessel or any engine on an engine dynamometer. For the purposes of laboratory testing, the declared maximum test speed must be within 500 revolutions per minute of the measured value for maximum test speed specified in the test procedures.
(43) "Model year" means the engine manufacturer's annual new model production period which includes January 1 of the calendar year for which the model year is named, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previous calendar year. Where an engine manufacturer has no annual new model production period, model year means the calendar year.(44) "New Propulsion Marine Engine" or "New Engine" or "New," -- for purposes of this Article, means any of the following: (A) A freshly manufactured propulsion marine engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as "brand new." In the case of this paragraph (A), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes first.(B) An engine intended to be used as a propulsion marine engine that was originally manufactured as a motor vehicle engine, a nonroad engine that is not a propulsion marine engine, or a stationary engine. In this case, the engine is no longer a motor-vehicle, nonpropulsion, or stationary engine and becomes a "new propulsion marine engine." The engine is no longer new when it is placed into marine service.(C) A propulsion marine engine that has been previously placed into service in an excluded application, where that engine is installed in a vessel subject to the requirements of these regulations. The engine is no longer new when it is placed into marine service covered by these regulations. For example, this would apply to an auxiliary marine engine that becomes a propulsion marine engine.(D) An engine not covered by paragraphs (A) through (C) of this definition that is intended to be installed in a new vessel. This generally includes installation of used engines in new vessels. The engine is no longer new when the ultimate purchaser receives a title for the vessel or the product is placed into service, whichever comes first.(E) An imported marine engine determined by federal regulations to be new per the criteria defined in 40 CFR 1045.801 for imported propulsion marine engines.(45) "Nonconformity" or "Noncompliance," for the purposes of Title 13, California Code of Regulations, section 2444.1, means that: (A) a significant number, determined by the Executive Officer, of a class of engines, although properly maintained and used, experience a failure of the same emission-related component(s) within their useful lives which, if uncorrected, results in the engines' failure to comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines; or(B) a class of engines that at any time within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines.(46) "Nontrailerable boat" means a vessel equal to or greater than 8 meters in length or 2.6 meters or more wide.(47) "Operating cycle" consists of engine startup, engine run, and engine shutoff.(48) "Original equipment manufacturer" means a manufacturer who purchases engines for installation in its equipment for sale to ultimate purchasers.(49) "Outboard engine" means an assembly of a spark-ignition marine engine and drive unit used to propel a vessel from a properly mounted position external to the hull of the vessel. An outboard drive unit is partially submerged during operation and can be tilted out of the water when not in use.(50) "Personal watercraft" means a vessel less than 4.0 meters (approximately 13 feet) in length that uses an installed internal combustion engine powering a water jet pump as its primary source of propulsion and is designed with no open load carrying area that would retain water. The vessel is designed to be operated by a person or persons positioned on, rather than within the confines of the hull. A vessel using an outboard engine as its primary source of propulsion is not a personal watercraft.(51) "Personal watercraft engine" means a spark-ignition engine used to propel a personal watercraft.(52) "Production-line tests" are emission tests performed on a sample of production engines produced for sale in California and conducted in accordance with Title 13, California Code of Regulations, section 2446(a).(53) "Qualified Intermediate Volume Manufacturer" means an intermediate volume manufacturer whose ratio of standard performance sterndrive/inboard engines to high performance sterndrive/inboard engines is 12 to 1 or greater.(54) "Rebuild" or "Rebuilding" refers to a major overhaul in which the engine's pistons or power assemblies are replaced or other changes that significantly increase the service life of the engine are made. It also includes replacing or rebuilding an engine's turbocharger or aftercooler or the engine's systems for fuel metering or electronic control so that it significantly increases the service life of the engine. For these provisions, rebuilding may or may not involve removing the engine from the equipment. Rebuilding does not normally include scheduled emission-related maintenance that the Test Procedures allow during the useful life period (such as replacing fuel injectors) or unscheduled maintenance that occurs commonly within the useful life period.(55) "Redline engine speed" means the engine manufacturer recommended maximum engine speed as normally displayed on instrument panel tachometers, or the engine speed at which fuel shutoff occurs.(56) "Response rate," with regards to oxygen sensors, refers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air ratio above and below stoichiometric.(57) "Sales" or "Eligible sales" means the actual or calculated sales of an engine family in California for the purposes of corporate averaging and production-line testing. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sales volumes.(58) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer to be performed on a periodic basis to prevent part failure or marine watercraft or engine malfunction, or those actions anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.(59) "Small Volume Manufacturer" means an engine manufacturer that produces high performance and/or standard performance sterndrive/inboard engines for sale in California in combined quantities equal to or less than 75 units annually.(60) "Spark-ignition" means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle to regulate intake air flow to control power during normal operation.(61) "Spark-ignition marine engine" or "Spark-ignition propulsion marine engine" means any engine used to propel a marine watercraft, and which utilizes the spark-ignition combustion cycle; including, but not limited to personal watercraft, outboard, and sterndrive/inboard engines.(62) "Standard Performance Engine" or "Standard Performance SD/I Engine" means a spark-ignition sterndrive/inboard marine engine with maximum engine power less than or equal to 373 kilowatts.(63) "Sterndrive/inboard engine" or "sterndrive/inboard marine engine" means a spark-ignition engine that is used to propel a vessel, but is not an outboard engine or a personal watercraft engine. This includes engines on propeller driven vessels, jet boats, air boats, and hovercraft.(64) "Test engine" means the engine or group of engines that an engine manufacturer uses during certification, production line and in-use testing to determine compliance with emission standards.(65) "Test Procedures" means the document entitled "California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines," which includes the standards and test procedures applicable to 2001 and later spark-ignition personal watercraft, outboard, and sterndrive/inboard marine engines, as incorporated by reference in Section 2447.(66) "Ultimate purchaser" means, with respect to any new spark-ignition marine engine, the first person who in good faith purchases such new spark-ignition marine engine for purposes other than resale.(67) "U.S.C." means United States Code.(68) "Used solely for competition" means exhibiting features that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely.(69) "Useful life" for spark-ignition marine engines means nine years for personal watercraft engines and sixteen years for outboard, and sterndrive/inboard engines.(70) "Warranty period" means the period of time the engine or part is covered by the warranty provisions.(71) "Warranty station" means any dealer, service center or other agent that is authorized by the engine manufacturer to perform diagnostic labor, repairs or replacements of warranted engine components.Cal. Code Regs. Tit. 13, § 2441
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. New subsections (a)(4), (9), (14)-(16), (22)-(23), (26), (28), (33), (38)-(39), (45) and (48), subsection renumbering and amendment of newly designated subsections (a)(31)-(32), (36), (42), (46) and (49) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. New subsections (a)(5), (a)(8), (a)(12)-(13), (a)(30) and (a)(35), subsection renumbering and amendment of newly designated subsection (a)(51) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
4. Amendment of subsection (a)(5), new subsections (a)(21), (a)(29), (a)(31)-(33), (a)(39)-(a)(40)(B), (a)(42)-(a)(42)(B), (a)(44)-(a)(44)(E), (a)(46), (a)(50), (a)(53)-(54), (a)(59)-(60) and (a)(62)-(63), repealer of subsections (a)(28), (a)(37) and (a)(49), subsection renumbering and amendment of newly designated subsections (a)(34), (a)(49), (a)(51), (a)(61), (a)(65) and (a)(69) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150- 43154, 43205.5 and 43210- 43212, Health and Safety Code.
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. New subsections (a)(4), (9), (14)-(16), (22)-(23), (26), (28), (33), (38)-(39), (45) and (48), subsection renumbering and amendment of newly designated subsections (a)(31)-(32), (36), (42), (46) and (49) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. New subsections (a)(5), (a)(8), (a)(12)-(13), (a)(30) and (a)(35), subsection renumbering and amendment of newly designated subsection (a)(51) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
4. Amendment of subsection (a)(5), new subsections (a)(21), (a)(29), (a)(31)-(33), (a)(39)-(a)(40)(B), (a)(42)-(a)(42)(B), (a)(44)-(a)(44)(E), (a)(46), (a)(50), (a)(53)-(54), (a)(59)-(60) and (a)(62)-(63), repealer of subsections (a)(28), (a)(37) and (a)(49), subsection renumbering and amendment of newly designated subsections (a)(34), (a)(49), (a)(51), (a)(61), (a)(65) and (a)(69) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).