(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):

(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]