--- kind: "section" citation: "40 C.F.R. § 1042.302" title: "40" number: "1042.302" heading: "Applicability of this subpart for Category 3 engines." url: "https://uscodex.org/cfr/40/1042.302" --- # §1042.302. Applicability of this subpart for Category 3 engines. If you produce Tier 3 or later Category 3 engines that are subject to the requirements of this part, you must test them as described in this subpart, except as specified in this section. - (a) You must test each Category 3 engine at the sea trial of the vessel in which it is installed or within the first 300 hours of operation, whichever occurs first. This may involve testing a fully assembled production engine before it is installed in the vessel. For engines with on-off controls, you may omit testing to demonstrate compliance with Tier 2 standards if the engine does not rely on aftertreatment when Tier 3 emission controls are disabled. Since you must test each engine, the provisions of §§ [1042.310](/cfr/40/1042.310.md) and [1042.315(b)](/cfr/40/1042.315.md?p=b) do not apply for Category 3 engines. If we determine that an engine failure under this subpart is caused by defective components or design deficiencies, we may revoke or suspend your certificate for the engine family as described in [§ 1042.340](/cfr/40/1042.340.md). If we determine that an engine failure under this subpart is caused only by incorrect assembly, we may suspend your certificate for the engine family as described in [§ 1042.325](/cfr/40/1042.325.md). If the engine fails, you may continue operating only to complete the sea trial and return to port. It is a violation of [40 CFR 1068.101(b)(1)](/cfr/40/1068.101.md?p=b-1) to operate the vessel further until you remedy the cause of failure. Each two-hour period of such operation constitutes a separate offense. A violation lasting less than two hours constitutes a single offense. - (b) **You are only required to measure NOX emissions.** You do not need to measure HC, CO or PM emissions under this subpart. - (c) If you are unable to operate the engine at the test points for the specified duty cycle, you may approximate these points consistent with the specifications of [section 6](/cfr/40/6.md) of Appendix 8 to the NOX Technical Code (incorporated by reference in [§ 1042.910](/cfr/40/1042.910.md)) and show compliance with the alternate installed-engine standard of [§ 1042.104(g)](/cfr/40/1042.104.md?p=g). You must obtain EPA approval of your test procedure prior to testing the engine. Include in your request a description of your basis for concluding that the engine cannot be tested at the actual test points of the specified duty cycle. - (d) You may measure NOX emissions at additional test points for the purposes of the continuous NOX monitoring requirements of [§ 1042.110(d)](/cfr/40/1042.110.md?p=d). If you do, you must report these values along with your other test results. Describe in your application for certification how you plan to use these values for continuous NOX monitoring. - (e) You may ask to measure emissions according to the Direct Measurement and Monitoring method specified in section 6.4 of the NOX Technical Code (incorporated by reference in [§ 1042.910](/cfr/40/1042.910.md)). ## Notes ### Amendments [75 FR 23003, Apr. 30, 2010, as amended at 81 FR 74149, Oct. 25, 2016; 86 FR 34510, June 29, 2021; 88 FR 4662, Jan. 24, 2023] ### Authority Authority: 42 U.S.C. 7401-7671q. ### Source Source: 73 FR 37243, June 30, 2008, unless otherwise noted. ### Amendments [75 FR 23003, Apr. 30, 2010, as amended at 81 FR 74149, Oct. 25, 2016; 86 FR 34510, June 29, 2021; 88 FR 4662, Jan. 24, 2023]