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Title 40: Protection of Environment
§94.914 Emergency vessel exemption.
(a) Except as specified in paragraph (c) of this section, the prohibitions in §94.1103(a)(1) do not apply to a new engine that is subject to Tier 2 standards according to the following provisions:
(1) The engine must be intended for installation in a lifeboat or a rescue boat as specified in 40 CFR 1042.625(a)(1)(i) or (ii).
(2) This exemption is available from the initial effective date for the Tier 2 standards until the engine model (or an engine of comparable size, weight, and performance) has been certified as complying with the Tier 2 standards and Coast Guard requirements. For example, this exemption would apply for new engine models that have not yet been certified to the Tier 2 standards.
(3) The engine must meet the Tier 1 emission standards specified in §94.8.
(b) If you introduce an engine into U.S. commerce under this section, you must meet the labeling requirements in §94.212, but add the following statement instead of the compliance statement in §94.212(b)(6):
THIS ENGINE DOES NOT COMPLY WITH CURRENT U.S. EPA EMISSION STANDARDS UNDER 40 CFR 94.914 AND IS FOR USE SOLELY IN LIFEBOATS OR RESCUE BOATS (COAST GUARD APPROVAL SERIES 160.135 OR 160.156). INSTALLATION OR USE OF THIS ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(c) Introducing into commerce a vessel containing an engine exempted under this section violates the prohibitions in §94.1103(a)(1) where the vessel is not a lifeboat or rescue boat, unless it is exempt under a different provision. Similarly, using such an engine or vessel as something other than a lifeboat or rescue boat as specified in paragraph (a) of this section violates the prohibitions in §94.1103(a)(1), unless it is exempt under a different provision.
[73 FR 37197, June 30, 2008]