[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR94.106]

[Page 602-609]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES--
Table of Contents
 
                       Subpart B--Test Procedures
 
Sec. 94.106  Supplemental test procedures for Category 1 and Category 2 
marine engines.

    This section describes the test procedures for supplemental testing 
conducted to determine compliance with the exhaust emission requirements 
of Sec. 94.8(e)(1). In general, the supplemental test procedures are the 
same as those otherwise specified by this subpart, except that they 
cover any speeds, loads, ambient conditions, and operating parameters 
that may be experienced in use. The test procedures specified by other 
sections in this subpart also apply to these tests, except as specified 
in this section.
    (a) Notwithstanding other provisions of this subpart, testing 
conducted to determine compliance with the exhaust emission requirements 
of Sec. 94.8(e) may be conducted:
    (1) At any speed and load (or any combination of speeds and loads 
that is nominally steady-state) within the applicable Not To Exceed Zone 
specified in paragraph (b) of this section;
    (2)(i) Without correction, at any intake air temperature between 
13 deg.C and 35 deg.C (or between 13 deg.C and 30 deg.C for engines not 
drawing intake air directly from a space that could be heated by the 
engine);
    (ii) Without correction at any ambient water temperature (or 
equivalent) between 5 deg.C and 27 deg.C;
    (iii) Without correction at any ambient humidity between 7.1 and 
10.7 grams of moisture per kilogram of dry air; and
    (3) With a continuous sampling period not less than 30 seconds in 
duration.
    (b) The specified Not to Exceed Zones for marine engines are defined 
as follows. These Not to Exceed Zones apply, unless a modified zone is 
established under paragraph (c) of this section.

[[Page 603]]

    (1) For commercial Category 1 engines certified using the duty cycle 
specified in Sec. 94.105(b), the Not to Exceed zones are defined as 
follows:
    (i) The Not to Exceed zone is the region between the curves power = 
1.15 x SPD2 and power = 0.85 x SPD4, excluding all 
operation below 25% of maximum power at rated speed and excluding all 
operation below 63% of maximum test speed.
    (ii) This zone is divided into two subzones, one above and one below 
45% of maximum power at rated speed.
    (iii) SPD in paragraph (b)(1)(i) of this section refers to percent 
of maximum test speed.
    (iv) See Figure B-1 for an illustration of this Not to Exceed zone 
which follows:

[[Page 604]]

[GRAPHIC] [TIFF OMITTED] TR29DE99.002

    (2) For Category 2 engines certified using the duty cycle specified 
in Sec. 94.105(b), the Not to Exceed zones are defined as follows:
    (i) The Not to Exceed zone is the region between the curves power = 
1.04 x SPD2 and power = 0.76 x SPD4, excluding all 
operation below 25% of maximum power at rated speed and excluding all 
operation below 63% of maximum test speed.
    (ii) This zone is divided into two subzones, one above and one below 
45% of maximum power at rated speed.

[[Page 605]]

    (iii) SPD in paragraph (b)(2)(i) of this section refers to percent 
of maximum test speed.
    (iv) See Figure B-2 in paragraph (b)(3) of this section for an 
illustration of this Not to Exceed zone.
    (3) For engines certified using the duty cycle specified in 
Sec. 94.105(c)(2), the Not to Exceed zones are defined as follows:
[GRAPHIC] [TIFF OMITTED] TR29DE99.003


[[Page 606]]


    (i) The Not to Exceed zone is the region above the curve power = 
0.85 x SPD2, excluding all operation below 25% of maximum 
power at rated speed and excluding all operation below 63% of maximum 
test speed.
    (ii) This zone is divided into two subzones, one above and one below 
45% of maximum power at rated speed.
    (iii) SPD in paragraph (b)(3)(i) of this section refers to percent 
of maximum test speed.
    (iv) See Figure B-3 for an illustration of this Not to Exceed zone:

[[Page 607]]

[GRAPHIC] [TIFF OMITTED] TR29DE99.004

    (4) For engines certified using the duty cycle specified in 
Sec. 94.105(c)(1), the Not to Exceed zone is defined as any load greater 
than or equal to 25 percent of maximum power at rated speed, and any 
speed at which the engine operates in use.
    (5) For recreational marine engines certified using the duty cycle 
specified in Sec. 94.105(e), the Not to Exceed zones are defined as 
follows:

[[Page 608]]

    (i) The Not to Exceed zone is the region between the curves power = 
1.15 x SPD\2\ and power = 0.85 x SPD\4\, excluding all operation below 
25% of maximum power at rated speed and excluding all operation below 
63% of maximum test speed.
    (ii) This zone is divided into three subzones, one below 45% of 
maximum power at maximum test speed; one above 95% of maximum test 
speed; and a third area including all of the remaining area of the NTE 
zone.
    (iii) SPD in paragraph (b)(5)(i) of this section refers to percent 
of maximum test speed.
    (iv) See Figure B-4 for an illustration of this Not to Exceed zone 
as follows:
[GRAPHIC] [TIFF OMITTED] TR08NO02.003


[[Page 609]]


    (c)(1) Upon request by the manufacturer, the Administrator may 
specify a narrower Not to Exceed Zone for an engine family at the time 
of certification, provided that the narrower Not to Exceed Zone includes 
all speeds greater than 63 percent of maximum test speed and loads 
greater than 25 percent of maximum power at rated speed at which the 
engines are expected to normally operate in use.
    (2) At the time of certification, the Administrator may specify, or 
require the manufacturer to specify, a broader Not to Exceed Zone for an 
engine family, provided that the broader Not to Exceed Zone includes 
only speeds greater than 63 percent of maximum test speed and loads 
greater than 25 percent of maximum power at rated speed at which the 
engines are expected to normally operate in use.
    (d) Testing conducted to determine compliance with the exhaust 
emission requirements of Sec. 94.8(e) may be conducted at any ambient 
air temperature or humidity outside the ranges specified in paragraph 
(a)(2) of this section, provided that emission measurements are 
corrected to be equivalent to measurements within the ranges specified 
in paragraph (a)(2) of this section. Correction of emission measurements 
made in accordance with this paragraph (d) shall be made in accordance 
with good engineering practice. The measurements shall be corrected to 
be within the range using the minimum possible correction.
    (e) Testing conducted under this section may not include engine 
starting.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68344, Nov. 8, 2002; 68 
FR 9784, Feb. 28, 2003]