Operating requirements for engines and vessels subject to this part.

  1. Law
  2. CFR 40
  3. Protection of Environment
  4. Environmental Protection Agency
  5. Air Pollution Controls
  6. Control of NOX, Sox, and PM Emissions from Marine Engines and Vessels Subject to the Marpol Protocol
  7. Operating requirements for engines and vessels subject to this part.

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§ 1043.60 Operating requirements for engines and vessels subject to this part.

This section specifies the operating requirements of this part. Note that it does not limit the operating requirements of APPS or Annex VI that are applicable to U.S.-flagged vessels outside of U.S. domestic waters.

(a) Except as specified otherwise in this part, NOX emission limits apply to all engines with power output of more than 130 kW that will be installed on vessels subject to this part as specified in the following table:

Table 1 to § 1043.60 Annex VI NOX Emission Standards (g/kW-hr)

Tier Area of applicability Implementation datea Maximum in-use engine speed
Less than 130 RPM 130-2000 RPMb Over 2000 RPM
Tier I All U.S. navigable waters and EEZ January 1, 2004-December 31, 2010 17.0 45.0 · n(−0.20) 9.8
Tier II All U.S. navigable waters and EEZ January 1, 2011-December 31, 2015 14.4 44.0 · n(−0.23) 7.7
Tier II All U.S. navigable waters and EEZ, exluding ECA and ECA associated areas January 1, 2016 and later 14.4 44.0 · n(−0.23) 7.7
Tier III ECA and ECA associated areas January 1, 2016 and laterc 3.4 9.0 · n(−0.20) 2.0

a Standards apply for engines installed on vessels with a build date in the specified time frame, or for engines that undergo a major conversion in the specified time frame.

b Applicable standards are calculated from n (maximum in-use engine speed, in RPM, as specified in § 1042.140). Round the standards to one decimal place.

c In the case of recreational vessels of less than 500 gross tonnage with length at or above 24 meters, the Tier III standards start to apply January 1, 2021.

(b) Except as specified otherwise in this part, fuel sulfur limits apply to all vessels subject to this part as specified in the following table:

Table 2 to § 1043.60 Annex VI Fuel Sulfur Limits (wt %) a

Calendar years Sulfur limit in all U.S. navigable waters and EEZ
(percent) 		Sulfur limit in ECA and ECA associated areas
(percent)
2010-2011 4.50 1.00
2012-2014 3.50 1.00
2015-2019 3.50 0.10
2020 and later 0.50 0.10

a Note that Regulation 3 and Regulation 4 of Annex VI allow for the use of noncompliant fuel in certain circumstances.

(c) Operators of non-Party vessels must comply with the requirements of paragraphs (a) and (b) of this section as well as other operating requirements and restrictions specified in 2008 Annex VI (incorporated by reference in § 1043.100) related to Regulations 13, 14, and 18.

(d) This paragraph (d) applies for vessels that are excluded from Regulation 13 of Annex VI and the NOX-related requirements of this part under § 1043.10(a)(2) or (b)(3) because they operate only domestically. Where the vessels operate using only fuels meeting the specifications of 40 CFR part 1090 for distillate fuel, they are deemed to be in full compliance with the fuel use requirements and prohibitions of this part and of Regulations 14 and 18 of Annex VI.

(e) Except as noted in paragraph (d) of this section, nothing in this section limits the operating requirements and restrictions of Annex VI, as implemented by APPS, for Party vessels, including U.S.-flagged vessels. Note also that nothing in this part limits the operating requirements and restrictions applicable for engines and vessels subject to 40 CFR part 1042 or the requirements and restrictions applicable for fuels subject to 40 CFR part 1090.

(f) We may exempt historic steamships from the fuel requirements of this part for operation in U.S. internal waters. Send requests for exemptions to the Designated Certification Officer.

[75 FR 23013, Apr. 30, 2010, as amended at 80 FR 9112, Feb. 19, 2015; 81 FR 74161, Oct. 25, 2016; 85 FR 78468, Dec. 4, 2020]


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