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40 CFR — Protection of Environment

Appendix III to Part 1042—Not-to-Exceed Zones

United States · 40 CFR — Protection of Environment · Status: effective

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40 CFR — Protection of Environment, Appendix III to Part 1042—Not-to-Exceed Zones, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/195252
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(a) The following definitions apply for this Appendix III: (1) Percent power means the percentage of the maximum power achieved at Maximum Test Speed (or at Maximum Test Torque for constant-speed engines). (2) Percent speed means the percentage of Maximum Test Speed. (b) Figure 1 of this Appendix illustrates the default NTE zone for marine engines certified using the duty cycle specified in § 1042.505(b)(1), except for variable-speed propulsion marine engines used with controllable-pitch propellers or with electrically coupled propellers, as follows: (1) Subzone 1 is defined by the following boundaries: (i) Percent power ÷ 100 > 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent power ÷ 100 ≤ (percent speed ÷ 90) 3.5. (iii) Percent power ÷ 100 ≥ 3.0 · (1−percent speed ÷ 100). (2) Subzone 2 is defined by the following boundaries: (i) Percent power ÷ 100 ≥ 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent power ÷ 100 ≤ (percent speed ÷ 90) 3.5. (iii) Percent power ÷ 100 < 3.0 · (1−percent speed ÷ 100). (iv) Percent speed ÷ 100 ≥ 0.7. (3) Note that the line separating Subzone 1 and Subzone 2 includes the following endpoints: (i) Percent speed = 78.9 percent; Percent power = 63.2 percent. (ii) Percent speed = 84.6 percent; Percent power = 46.1 percent. (c) Figure 2 of this Appendix illustrates the default NTE zone for recreational marine engines certified using the duty cycle specified in § 1042.505(b)(2), except for variable-speed marine engines used with controllable-pitch propellers or with electrically coupled propellers, as follows: (1) Subzone 1 is defined by the following boundaries: (i) Percent power ÷ 100 ≥ 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent power ÷ 100 ≤ (percent speed ÷ 90) 3.5. (iii) Percent power ÷ 100 ≥ 3.0 · (1−percent speed ÷ 100). (iv) Percent power ≤ 95 percent. (2) Subzone 2 is defined by the following boundaries: (i) Percent power ÷ 100 ≥ 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent power ÷ 100 ≤ (percent speed ÷ 90) 3.5. (iii) Percent power ÷ 100 < 3.0 · (1−percent speed ÷ 100). (iv) Percent speed ≥ 70 percent. (3) Subzone 3 is defined by the following boundaries: (i) Percent power ÷ 100 ≤ (percent speed ÷ 90) 3.5. (ii) Percent power > 95 percent. (4) Note that the line separating Subzone 1 and Subzone 3 includes a point at Percent speed = 88.7 percent and Percent power = 95.0 percent. See paragraph (b)(3) of this appendix regarding the line separating Subzone 1 and Subzone 2. (d) Figure 3 of this Appendix illustrates the default NTE zone for variable-speed marine engines used with controllable-pitch propellers or with electrically coupled propellers that are certified using the duty cycle specified in § 1042.505(b)(1), (2), or (3), as follows: (1) Subzone 1 is defined by the following boundaries: (i) Percent power ÷ 100 ≥ 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent power ÷ 100 ≥ 3.0 · (1−percent speed ÷ 100). (iii) Percent speed ≥ 78.9 percent. (2) Subzone 2a is defined by the following boundaries: (i) Percent power ÷ 100 ≥ 0.7 · (percent speed ÷ 100) 2.5. (ii) Percent speed ≥70 percent. (iii) Percent speed <78.9 percent, for Percent power >63.3 percent. (iv) Percent power ÷ 100 <3.0 · (1−percent speed ÷ 100), for Percent speed ≥78.9 percent. (3) Subzone 2b is defined by the following boundaries: (i) The line formed by connecting the following two points on a plot of speed-vs.-power: (A) Percent speed = 70 percent; Percent power = 28.7 percent. (B) Percent power = 40 percent; Speed = governed speed. (ii) Percent power ÷ 100 < 0.7 · (percent speed ÷ 100) 2.5. (4) Note that the line separating Subzone 1 and Subzone 2a includes the following endpoints: (i) Percent speed = 78.9 percent; Percent power = 63.3 percent. (ii) Percent speed = 84.6 percent; Percent power = 46.1 percent. (e) Figure 4 of this Appendix illustrates the default NTE zone for constant-speed engines certified using a duty cycle specified in § 1042.505(b)(3) or (4), as follows: (1) Subzone 1 is defined by the following boundaries: (i) Percent power ≥70 percent. (ii) [Reserved] (2) Subzone 2 is defined by the following boundaries: (i) Percent power <70 percent. (ii) Percent power ≥40 percent. (f) Figure 5 of this Appendix illustrates the default NTE zone for variable-speed auxiliary marine engines certified using the duty cycle specified in § 1042.505(b)5)(ii) or (iii), as follows: (1) The default NTE zone is defined by the boundaries specified in 40 CFR 86.1370(b)(1), (2), and (4). (2) A special PM subzone is defined in 40 CFR 1039.515(b).

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.