Pursuant to sections 452 and 452D of the Maritime Transport Act 1994, Maritime New Zealand gives notice that the Marine Protection Transport Instrument MPTI-199-1: Alternative NO_x control measure – non-propulsion or spark-ignition marine diesel engines under Marine Protection Rules Part 199 subsection C3A, made on 16 March 2022 and notified in New Zealand Gazette, 4 April 2022, Notice No.2022-sl1290, incorporates the following material by reference, also coming into force at the same time as the applicable transport instrument that references the material comes into force:

1. Directive 2013/53/EU of the European Parliament and of the Council on Recreational Craft and Personal Watercraft, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(a) and 3.2(4)(c)
2. USA EPA Air Pollution Controls 40 CFR Part 1045 – Control of emissions from spark-ignition propulsion marine engines and ships, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(a) and 3.2(4)(c)
3. Australian Product Emissions Standards Rules 2017, in Marine Protection Transport Instrument MPTI-199-1, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(a) and 3.2(4)(c)
4. USA EPA non-road diesel engine emission standards Tier 2 and 3 - 40 CFR Parts 9, 86, and 89, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(b) and 3.2(4)(c)
5. USA EPA non-road diesel engine emission standards Tier 4 - 40 CFR Parts 9, 69, 80, 86, 89, 94, 1039, 1048, 1051, 1065, and 1068, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(b) and 3.2(4)(c)
6. European non-road emissions standards Stage II or higher – Directive 97/68EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, in Marine Protection Transport Instrument MPTI-199-1, clauses 3.2(3)(b) and 3.2(4)(c)
7. USA EPA Non-road Compression-Ignition Engines: Exhaust Emission Standards Tier 1 (EPA-420-B-16-022), in Marine Protection Transport Instrument MPTI-199-1, clause 3.2(4)(a)
8. European non-road emissions standards Stage I – Directive 97/68EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, in Marine Protection Transport Instrument MPTI-199-1, clause 3.2(4)(b)

Availability of Material for Inspection

The material incorporated by reference described above is available for inspection free of charge by appointment at the Maritime New Zealand office, Level 11, 1 Grey Street, Wellington, during office hours.

Availability of Material for Access or Purchase

The material is linked on the website of Maritime New Zealand: https://www.maritimenz.govt.nz/content/rules/part-199/documents-incorporated-by-reference.asp

Dated at Wellington this 1st day of December 2022.

SEAN COOPER, Manager Regulatory Policy Design, Maritime New Zealand.