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.

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(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)

TierArea of applicabilityImplementation date aMaximum in-use engine speed
Less than 130 RPM130-2000 RPM bOver 2000 RPM
Tier IAll U.S. navigable waters and EEZJanuary 1, 2004-December 31, 201017.045.0 · n (?0.20)9.8
Tier IIAll U.S. navigable waters and EEZJanuary 1, 2011-December 31, 201514.444.0 · n (?0.23)7.7
Tier IIAll U.S. navigable waters and EEZ, excluding ECA and ECA associated areasJanuary 1, 2016 and later14.444.0 · n (?0.23)7.7
Tier IIIECA and ECA associated areasJanuary 1, 2016 and later c3.49.0 · 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 yearsSulfur limit in all U.S. navigable waters and EEZ
(percent)		Sulfur limit in ECA and ECA associated areas
(percent)
2010-20114.501.00
2012-20143.501.00
2015-20193.500.10
2020 and later0.500.10

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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