[Code of Federal Regulations] [Title 40, Volume 31] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1039.5] [Page 478] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES--Table of Contents Subpart A_Overview and Applicability Sec. 1039.5 Which engines are excluded from this part's requirements? This part does not apply to the following nonroad engines: (a) Locomotive engines. (1) The following locomotive engines are not subject to the provisions of this part 1039: (i) Engines in locomotives subject to the standards of 40 CFR part 92. (ii) Engines in locomotives that are exempt from the standards of 40 CFR part 92 pursuant to the provisions of 40 CFR part 92 (except for the provisions of 40 CFR 92.907). For example, an engine that is exempt under 40 CFR 92.906 because it is in a manufacturer-owned locomotive is not subject to the provisions of this part 1039. (2) The following locomotive engines are subject to the provisions of this part 1039: (i) Engines in locomotives exempt from 40 CFR part 92 pursuant to the provisions of 40 CFR 92.907. (ii) Locomotive engines excluded from the definition of locomotive in 40 CFR 92.2. (b) Marine engines. (1) The following marine engines are not subject to the provisions of this part 1039: (i) Engines subject to the standards of 40 CFR part 94. (ii) Engines not subject to the standards of 40 CFR part 94 only because they were produced before the standards of 40 CFR part 94 started to apply. (iii) Engines that are exempt from the standards of 40 CFR part 94 pursuant to the provisions of 40 CFR part 94 (except for the provisions of 40 CFR 94.907 or 94.912). For example, an engine that is exempt under 40 CFR 94.906 because it is a manufacturer-owned engine is not subject to the provisions of this part 1039. (iv) Engines with rated power below 37 kW. (v) Engines on foreign vessels. (2) Marine engines are subject to the provisions of this part 1039 if they are exempt from 40 CFR part 94 based on the engine-dressing provisions of 40 CFR 94.907 or the common-family provisions of 40 CFR 94.912. (c) Mining engines. Engines used in underground mining or in underground mining equipment and regulated by the Mining Safety and Health Administration in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 75 are not subject to the provisions of this part 1039. (d) Hobby engines. Engines with per-cylinder displacement below 50 cubic centimeters are not subject to the provisions of this part 1039. [69 FR 39213, June 29, 2004, as amended at 70 FR 40462, July 13, 2005]