Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
(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 (b)(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 86.1370–2007(b)(1) and (2)(b)(1), (2), and (4).
(2) A special PM subzone is defined in 40 CFR 1039.515(b).




Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment 40 CFR Pt. 1042, App. III—Not-to–Exceed Zones - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-pt-40-1042-app-iii/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)