40 CFR § 1042.5 - Exclusions.

---
identifier: "/us/cfr/t40/s1042.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1042.5 - Exclusions."
title_number: 40
title_name: "Protection of Environment"
section_number: "1042.5"
section_name: "Exclusions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1042"
part_name: "CONTROL OF EMISSIONS FROM NEW AND IN-USE MARINE COMPRESSION-IGNITION ENGINES AND VESSELS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "73 FR 37243, June 30, 2008, unless otherwise noted."
cfr_part: "1042"
---


# 1042.5 Exclusions.

This part does not apply to the following marine engines:

(a) *Foreign vessels.* The requirements and prohibitions of this part do not apply to engines installed on foreign vessels, as defined in § 1042.901. Note however, that the requirements and prohibitions of this part do apply to engines installed on any formerly foreign vessels that are reflagged as U.S.-flagged vessels.

(b) *Hobby engines.* Engines installed in reduced-scale models of vessels that are not capable of transporting a person are not subject to the provisions of this part 1042.

(c) *Recreational gas turbine engines.* The requirements and prohibitions of this part do not apply to gas turbine engines installed on recreational vessels, as defined in § 1042.901.

[73 FR 37243, June 30, 2008, as amended at 73 FR 59192, Oct. 8, 2008; 75 FR 22995, Apr. 30, 2010]