(a) Effective with respect to locomotives and locomotive engines subject to the requirements of this part:
(1) If the Administrator determines that a substantial number of any class or category of locomotives or locomotive engines, although properly maintained and used, do not conform to the regulations prescribed under section 213 of the Act when in actual use throughout their useful life period (as defined under Sec. 92.2), the Administrator shall immediately notify the manufacturer or remanufacturer of such nonconformity and require the manufacturer or remanufacturer to submit a plan for remedying the nonconformity of the locomotives or locomotive engines with respect to which such notification is given.
(i) The manufacturer's or remanufacturer's plan shall provide that the nonconformity of any such locomotives or locomotive engines which are properly used and maintained will be remedied at the expense of the manufacturer or remanufacturer.
(ii) If the manufacturer or remanufacturer disagrees with such determination of nonconformity and so advises the Administrator, the Administrator shall afford the manufacturer or remanufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing. Unless, as a result of such hearing, the Administrator withdraws such determination of nonconformity, the Administrator shall, within 60 days after the completion of such hearing, order the manufacturer or remanufacturer to provide prompt notification of such nonconformity in accordance with paragraph (a)(2) of this section. The manufacturer or remanufacturer shall comply in all respects with the requirements of subpart G of this part.
(2) Any notification required to be given by the manufacturer or remanufacturer under paragraph (a)(1) of this section with respect to any class or category of locomotives or locomotive engines shall be given to ultimate purchasers, subsequent purchasers (if known), and dealers (as applicable) in such manner and containing such information as required in Subparts E and H of this part.
(3)(i) The certifying manufacturer or remanufacturer shall furnish with each new locomotive or locomotive engine written instructions for the proper maintenance and use of the engine by the ultimate purchaser as required under Sec. 92.211.
(i) The certifying manufacturer or remanufacturer shall furnish with each new locomotive or locomotive engine written instructions for the proper maintenance and use of the engine by the ultimate purchaser as required under Sec. 92.211.
(ii) The instruction under paragraph (a)(3)(i) of this section must not include any condition on the ultimate purchaser's using, in connection with such locomotive or locomotive engine, any component or service (other than a component or service provided without charge under the terms of the purchase agreement) which is identified by brand, trade, or corporate name. Such instructions also must not directly or indirectly distinguish between service performed by the franchised dealers of such manufacturer or remanufacturer, or any other service establishments with which such manufacturer or remanufacturer has a commercial relationship, and service performed by independent locomotive or locomotive engine repair facilities with which such manufacturer or remanufacturer has no commercial relationship.
(iii) The prohibition of paragraph (a)(3)(ii) of this section may be waived by the Administrator if:
(A) The manufacturer or remanufacturer satisfies the Administrator that the locomotive or locomotive engine will function properly only if the component or service so identified is used in connection with such engine; and
(B) The Administrator finds that such a waiver is in the public interest.
(iv) In addition, the manufacturer or remanufacturer shall indicate by means of a label or tag permanently affixed to the locomotive and to the engine that the locomotive and/or the locomotive engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emission standards prescribed under section 213 of the Act. This label or tag shall also contain information relating to control of emissions as prescribed under Sec. 92.212.
(b) The manufacturer or remanufacturer bears all cost obligation any dealer incurs as a result of a requirement imposed by paragraph (a) of this section. The transfer of any such cost obligation from a manufacturer or remanufacturer to a dealer through franchise or other agreement is prohibited.
(c) If a manufacturer or remanufacturer includes in an advertisement a statement respecting the cost or value of emission control devices or systems, the manufacturer or remanufacturer shall set forth in the statement the cost or value attributed to these devices or systems by the Secretary of Labor (through the Bureau of Labor Statistics). The Secretary of Labor, and his or her representatives, has the same access for this purpose to the books, documents, papers, and records of a manufacturer or remanufacturer as the Comptroller General has to those of a recipient of assistance for purposes of section 311 of the Act.
Sec. Appendix I to Part 92--Emission Related Locomotive and Engine
Parameters and Specifications I. Basic Engine Parameters--Reciprocating Engines.
1. Compression ratio.
2. Type of air aspiration (natural, Roots blown, supercharged, turbocharged).
3. Valves (intake and exhaust).a. Head diameter dimension.b. Valve lifter or actuator type and valve lash dimension.
4. Camshaft timing.a. Valve opening--intake exhaust (degrees from TDC or BDC).b. Valve closing--intake exhaust (degrees from TDC or BDC).c. Valve overlap (degrees).
5. Ports--two stroke engines (intake and/or exhaust).a. Flow area.b. Opening timing (degrees from TDC or BDC).c. Closing timing (degrees from TDC or BDC).II. Intake Air System.
1. Roots blower/supercharger/turbocharger calibration.
2. Charge air cooling.a. Type (air-to-air; air-to-liquid).b. Type of liquid cooling (engine coolant, dedicated cooling system).c. Performance (charge air delivery temperature (F) at rated power and one other power level under ambient conditions of 80 F and 110 F, and 3 minutes and 15 minutes after selecting rated power, and 3 minutes and 5 minutes after selecting other power level).
3. Temperature control system calibration.
4. Maximum allowable inlet air restriction.III. Fuel System.
1. General.a. Engine idle speed.
2. Carburetion.a. Air-fuel flow calibration.b. Idle mixture.c. Transient enrichment system calibration.d. Starting enrichment system calibration.e. Altitude compensation system calibration.f. Hot idle compensation system calibration.
3. Fuel injection--non-compression ignition engines.a. Control parameters and calibrations.b. Idle mixture.c. Fuel shutoff system calibration.d. Starting enrichment system calibration.e. Transient enrichment system calibration.f. Air-fuel flow calibration.g. Altitude compensation system calibration.h. Operating pressure(s).i. Injector timing calibration.
4. Fuel injection--compression ignition engines.a. Control parameters and calibrations.b. Transient enrichment system calibration.c. Air-fuel flow calibration.d. Altitude compensation system calibration.e. Operating pressure(s).f. Injector timing calibration.IV. Ignition System--non-compression ignition engines.
1. Control parameters and calibration.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.V. Engine Cooling System.
1. Thermostat calibration.VI. Exhaust System.
1. Maximum allowable back pressure.VII. Exhaust Emission Control System.
1. Air injection system.a. Control parameters and calibrations.b. Pump flow rate.
2. EGR system.a. Control parameters and calibrations.b. EGR valve flow calibration.
3. Catalytic converter system.a. Active surface area.b. Volume of catalyst.c. Conversion efficiency.
4. Backpressure.VIII. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibrations.IX. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).X. Evaporative Emission Control System.
1. Control parameters and calibrations.
2. Fuel tank.a. Volume.b. Pressure and vacuum relief settings.
Sec. Appendix II to Part 92--Interpretive Ruling for Sec. 92.705--
Remedial Plans
The following is an interpretive ruling set forth previously by EPA for on-highway vehicles. EPA expects to apply the same principles to locomotives.
(1) The purpose of this ruling is to set forth EPA's interpretation regarding one aspect of a motor vehicle or motor vehicle engine manufacturer's recall liability under section 207(c)(1) of the Clean Air Act, 42 U.S.C. 7641(c)(1). This ruling will provide guidance to vehicle and engine manufacturers to better enable them to submit acceptable remedial plans.
(2) Section 207(c)(1) requires the Administrator to base a recall order on a determination that a substantial number of in-use vehicles or engines within a given class or category of vehicles or engines, although properly maintained and used, fail to conform to the regulations prescribed under section 202 when in actual use throughout their useful lives. After making such a determination, he shall require the manufacturer to submit a plan to remedy the nonconformity of any such vehicles or engines. The plan shall provide that the manufacturer will remedy, at the manufacturer's expense, all properly maintained and used vehicles which experienced the nonconformity during their useful lives regardless of their age or mileage at the time of repair. Appendix III to Part 92--Smoke Standards for Non-Normalized Measurements
Table III-1--Equivalent Smoke Standards for Non-Normalized Measurements----------------------------------------------------------------------------------------------------------------
Path length Standards----------------------------------------------------------------------------------------------------------------
If the path length is: Then the opacity may not exceed:----------------------------------------------------------------------------------------------------------------
Peak Steady-State
cm inches ----------------------------------------------------------------
3-sec 30-sec Tier 0 Tier 1 Tier 2----------------------------------------------------------------------------------------------------------------10.0-19.9.................... 3.94-7.86....... 7 5 4 3 220.0-29.9.................... 7.87-11.80...... 13 10 7 6 430.0-39.9.................... 11.81-15.74..... 19 14 10 8 640.0-49.9.................... 15.75-19.68..... 24 18 13 11 950.0-59.9.................... 19.69-23.61..... 29 23 16 13 1160.0-69.9.................... 23.62-27.55..... 34 26 19 16 1370.0-79.9.................... 27.56-31.49..... 38 30 22 18 1480.0-89.9.................... 31.50-35.42..... 43 34 25 21 1690.0-99.9.................... 35.43-39.36..... 46 37 27 23 18100.0-109.9.................. 39.37-43.30..... 50 40 30 25 20110.0-119.9.................. 43.31-47.23..... 53 43 32 27 22120.0-129.9.................. 47.24-51.17..... 56 46 35 29 23130.0-139.9.................. 51.18-55.11..... 59 49 37 31 25140.0-149.9.................. 55.12-59.05..... 62 51 39 33 27150.0-159.9.................. 59.06-62.98..... 65 54 41 35 28160.0-169.9.................. 62.99-66.92..... 67 56 43 37 30170.0-179.9.................. 66.93-70.86..... 69 58 45 39 32180.0-189.9.................. 70.87-74.79..... 71 60 47 40 33190.0-199.9.................. 74.80-78.73..... 73 62 49 42 35"200......................... "78.74.......... 75 64 51 44 36----------------------------------------------------------------------------------------------------------------
Sec. Appendix IV to Part 92--Guidelines for Determining Equivalency
Between Emission Measurement Systems
This appendix describes a series of correlation criteria that EPA considers to be reasonable for the purpose of demonstrating equivalency between two test systems designed to measure the same emissions during FTP locomotive testing. These criteria are presented here only as guidelines. When requested to make a finding of equivalency, EPA could base its decision on criteria other than those listed here, where EPA has reason to believe that these criteria are not appropriate.
(a) General approach. (1) Multiple tests should be conducted in pairs on the same locomotive or engine using each of the measurement systems.
(1) Multiple tests should be conducted in pairs on the same locomotive or engine using each of the measurement systems.
(2) Variations for other parameters, such as test fuel, should be minimized to the maximum extent possible.
(3) Locomotive and/or locomotive engine tests conducted in accordance with the provisions of Subpart B of this part are preferred. Where appropriate, engine tests conducted in accordance with 40 CFR part 89 may also be used.
(4) Equivalency of the systems should be determined by comparing individual modal data, individual cycle-weighted data, and the average cycle-weighted results from each system.
(b) Correlation criteria for particulate measurements. (1) The correlation coefficient (R\2\) for individual modal data should be 0.90, or higher.
(1) The correlation coefficient (R\2\) for individual modal data should be 0.90, or higher.
(2) The maximum deviation between any pair of cycle-weighted data should be 15 percent, or less.
(3) The ratio of average cycle-weighted results using the alternate system to the average cycle-weighted results using the specified Part 92 system (i.e., avgalt/avgspc) should be between 0.97 and 1.05.
(c) Correlation criteria for other measurements. Correlation parameters for gaseous pollutants should be better than those specified in paragraph (b) of this appendix for particulate measurements.
(d) Minimum number of tests. The recommended minimum number of tests with each system necessary to determine equivalency is:
(1) Four locomotive or locomotive engine tests, conducted in accordance with the provisions of subpart B of this part; or
(2) Seven 8-mode nonroad engine tests, conducted in accordance with the provisions of 40 CFR part 89.
(e) Statistical outliers. Statistical outliers may be excluded consistent with good engineering judgement. Outliers should be replaced by rerunning each excluded test point. Where more than one outlier is excluded, is recommended to perform one additional pair of tests (in addition to the minimum number specified in paragraph (d) of this appendix) for each two outliers excluded. [63 FR 18998, Apr. 16, 1998, as amended at 70 FR 40457, July 13, 2005]