---
kind: "section"
citation: "40 C.F.R. § 1042.1"
title: "40"
number: "1042.1"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/1042.1"
---

# §1042.1. Applicability.


Except as provided in this section and [§ 1042.5](/cfr/40/1042.5.md), the regulations in this part 1042 apply for all new compression-ignition marine engines (including new engines deemed to be compression-ignition engines under this section) and vessels containing such engines. See [§ 1042.901](/cfr/40/1042.901.md) for the definitions of engines and vessels considered to be new.

- (a) The emission standards of this part 1042 for freshly manufactured engines apply for new marine engines starting with the model years noted in the following table:
- (b) New engines with maximum engine power below 37 kW and originally manufactured and certified before the model years identified in Table 1 to this section are subject to emission standards as specified in appendix I of this part. The provisions of this part do not apply for such engines, except as follows beginning June 29, 2010:
  - (1) **The allowances of this part apply.**
  - (2) **The definitions of “new marine engine” and “model year” apply.**
- (c) Marine engines originally meeting Tier 1 or Tier 2 standards as specified in appendix I of this part remain subject to those standards. This includes uncertified engines that meet standards under [40 CFR 1068.265](/cfr/40/1068.265.md). Those engines remain subject to recall provisions as specified in [40 CFR part 1068](/cfr/40/part1068.md), [subpart F](/cfr/40/subpartF.md), throughout the useful life corresponding to the original certification. Also, tampering and defeat-device prohibitions continue to apply for those engines as specified in [40 CFR 1068.101](/cfr/40/1068.101.md). The remanufacturing provisions in [subpart I](/cfr/40/subpartI.md) of this part may apply for remanufactured engines originally manufactured in model years before the model years identified in Table 1 to this section.
- (d) [Reserved]
- (e) The requirements of [subpart I](/cfr/40/subpartI.md) of this part apply to remanufactured Category 1 and Category 2 engines beginning July 7, 2008.
- (f) The marine engines listed in this [paragraph (f)](#f) are subject to all the requirements of this part even if they do not meet the definition of “compression-ignition” in [§ 1042.901](/cfr/40/1042.901.md). The following engines are deemed to be compression-ignition engines for purposes of this part:
  - (1) Marine engines powered by natural gas or other gaseous fuels with maximum engine power at or above 250 kW. Note that gaseous-fueled engines with maximum engine power below 250 kW may or may not meet the definition of “compression-ignition” in [§ 1042.901](/cfr/40/1042.901.md).
  - (2) **Marine gas turbine engines.**
  - (3) Other marine internal combustion engines that do not meet the definition of “spark-ignition” in [§ 1042.901](/cfr/40/1042.901.md).
- (g) Some of the provisions of this part may apply for other engines as specified in [40 CFR part 1043](/cfr/40/part1043.md).
- (h) Starting with the model years noted in Table 1 of this section, all of the subparts of this part, except [subpart I](/cfr/40/subpartI.md), apply as specified in [40 CFR part 60](/cfr/40/part60.md), [subpart IIII](/cfr/40/subpartIIII.md), to freshly manufactured stationary compression-ignition engines subject to the standards of [40 CFR part 60](/cfr/40/part60.md), [subpart IIII](/cfr/40/subpartIIII.md), that have a per-cylinder displacement at or above 10 liters and below 30 liters per cylinder. Such engines are considered Category 2 engines for purposes of this part 1042.

## Notes

### Amendments

[75 FR 22994, Apr. 30, 2010, as amended at 76 FR 37977, June 28, 2011; 81 FR 74142, Oct. 25, 2016; 86 FR 34507, June 29, 2021]

### Authority

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

### Source

Source: 73 FR 37243, June 30, 2008, unless otherwise noted.

### Amendments

[75 FR 22994, Apr. 30, 2010, as amended at 76 FR 37977, June 28, 2011; 81 FR 74142, Oct. 25, 2016; 86 FR 34507, June 29, 2021]