---
kind: "section"
citation: "40 C.F.R. § 1033.5"
title: "40"
number: "1033.5"
heading: "Exemptions and exclusions."
url: "https://uscodex.org/cfr/40/1033.5"
---

# §1033.5. Exemptions and exclusions.

- (a) **Subpart G of this part exempts certain locomotives from the standards of this part.**
- (b) The definition of “locomotive” in [§ 1033.901](/cfr/40/1033.901.md) excludes certain vehicles. In general, the engines used in such excluded equipment are subject to standards under other regulatory parts. For example, see [40 CFR part 1039](/cfr/40/part1039.md) for requirements that apply to diesel engines used in equipment excluded from the definition of “locomotive” in [§ 1033.901](/cfr/40/1033.901.md). The following locomotives are also excluded from the provisions of this part 1033:
  - (1) **Historic locomotives powered by steam engines.** For a locomotive that was originally manufactured after January 1, 1973 to be excluded under this [paragraph (b)(1)](#b-1), it may not use any internal combustion engines and must be used only for historical purposes such as at a museum or similar public attraction.
  - (2) **Locomotives powered only by an external source of electricity.**
- (c) [Reserved]
- (d) **The provisions of this part do not apply for any auxiliary engine that only provides hotel power.** In general, these engines are subject to the provisions of [40 CFR part 1039](/cfr/40/part1039.md). However, depending on the engine cycle, model year and power rating, the engines may be subject to other regulatory parts instead.
- (e) Manufacturers and owners of locomotives that operate only on non-standard gauge rails may ask us to exclude such locomotives from this part by excluding them from the definition of “locomotive”.

## Notes

### Amendments

[73 FR 37197, June 30, 2008, as amended at 88 FR 4484, Jan. 24, 2023]

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Source

Source: 73 FR 37197, June 30, 2008, unless otherwise noted.

### Amendments

[73 FR 37197, June 30, 2008, as amended at 88 FR 4484, Jan. 24, 2023]