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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6395inappropriate for EPA to allow theimportation of nonconforminglocomotives simply because they aremore than 20 years old. EPA requestscomment on the absence of such anexemption.Importation regulations are issued byboth EPA and the United StatesDepartment of the Treasury (CustomsService). The citation for United StatesCustoms Service, Department ofTreasury regulations governing importrequirements is reserved. The citationwill be inserted upon promulgation bythe United States Customs Service of theapplicable regulations.F.4. TamperingEPA is proposing provisions thatwould prohibit any person fromtampering with any locomotive orlocomotive engine emission-relatedcomponent or system installed on or ina locomotive or locomotive engine inaccordance with EPA regulations. Theseprovisions would help ensure that inuselocomotive engines remain incertified configurations and continue tocomply with the applicable emissionstandards. All persons would beprohibited from removing or renderinginoperative any emission-related deviceor element of design installed on or ina locomotive or locomotive engine.These provisions would include aprohibition on the adjustment of engineparameters such as injection timingoutside of the specified ranges.Knowingly failing to maintainemissions-critical components wouldalso be considered tampering. Themanufacturing, sale, and installation ofa component intended for use with alocomotive or locomotive engine, wherea principal effect of the component is tobypass, defeat, or render inoperative anemission-related device or element ofdesign of the locomotive or locomotiveengine would also be prohibited.EPA expects that the implementationof these provisions would be generallysimilar to the implementation ofexisting on-highway tamperingprovisions. 21 The prohibition oftampering would extend beyond alocomotive’s useful life, until thelocomotive or engine is scrapped. Theprohibition on tampering would beginonce a locomotive becomes subject totoday’s proposed regulations, either bybeing freshly manufactured or by beingremanufactured. Thus, any replacementof parts (including complete rebuilds)which cause a locomotive to exceedapplicable standards or FELS, or anyadjustments to the engine outside of therange specified in the application forcertification (such as changing injectiontiming) would be considered tamperingeven if performed beyond thelocomotive’s useful life.F.5. Nonconformance PenaltiesPursuant to section 206(g)(1) of theCAA, the on-highway heavy-dutyengine emission compliance programprovides that, in certain cases, enginemanufacturers whose engines cannotmeet emission standards may receive acertificate of conformity and continue tosell their engines provided they pay anonconformance penalty (NCP). EPAhas concluded that the use of NCPs isnot warranted for locomotives andlocomotive engines. NCPs are designedto provide relief for enginemanufacturers who are technologydeveloping laggards in the emissioncontrol technology needed to meettechnology forcing standards. 22 Basedon the levels of the standards proposedin this NPRM, EPA has concluded thatthere will be no locomotive orlocomotive engine manufacturers orremanufacturers that are unable todevelop the necessary emission controltechnology to bring their locomotivesand locomotive engines into emissioncompliance. Thus, the Agency is notproposing any NCPs. EPA requestscomment on the possibility of therebeing a manufacturer or remanufacturerthat would be unable to comply withthe proposed standards.F.6. Emission WarrantyEPA is proposing an emissionwarranty period for all locomotive andlocomotive engine emission-relatedparts equivalent to the full useful life ofthe locomotive or locomotive engine.Specifically, the manufacturer orremanufacturer must warrant that thelocomotive, locomotive engine, orremanufacture kit is designed, built andequipped to conform, at the time of saleor time of return to service followingremanufacture, with all applicableregulations, and that it is free fromdefects that would cause nonconformityin use. The warranty is not required,however, to cover normal maintenancesuch as cleaning or replacing fuelinjectors. EPA requests comment onhow to treat the unscheduledmaintenance of other components, suchas power assemblies or turbochargers,that are often replaced during the usefullife of a locomotive. These warrantyprovisions are authorized by section207(a) of the Act, which applies to thelocomotive standards pursuant to21 Office of Enforcement and General Counsel;Mobile Source Enforcement Memorandum No. 1A,June 25, 1974. 22 See 40 CFR 86.1103–87.section 213(d). EPA is not proposingany regulations at this time undersection 207(b) of the Act, which directsEPA to establish special test proceduresfor on-highway vehicles and engine, ifcertain conditions are met, to ascertainwhether vehicles and engines complywith applicable federal emissionsstandards for their useful life. If theAgency were to establish testprocedures under this provisions,manufacturers would be required towarrant that their vehicles and engineswould pass such tests. Furthermore,EPA believes that states would not bepreempted from establishing an in-useemissions testing program forlocomotives based on the performancewarranty provisions of section 207,provided that it used federally-specifiedtest procedures and pass/fail criteria. Insuch a situation, compliance with theperformance warranty based on statetesting would in effect be a federalrequirement.While a shorter warranty period maybe adequate to ensure gross failures toperformance systems and componentsdo not occur, longer warranty periodsare necessary to guard against emissioncontrol system failures. The warrantyperiod must be of sufficient length togive the manufacturer or remanufacturerproper incentive to provide durableemission control equipment. EPArequests comments on theappropriateness of the length of thewarranty period. The proposed warrantyperiods ensure the locomotive orlocomotive engine manufacturer orremanufacturer has sufficient incentiveto build emission-related systems thatwork and last. Further, it gives thelocomotive or locomotive engine owner/operator the incentive to get emissionrelatedsystem failures repaired, sincefailures to the emission control systemmight not always affect the ability of alocomotive or locomotive engine tocontinue to work. Should the warrantyperiod be too short, a large number ofnoncomplying locomotives andlocomotive engines could continue toproduce excess emissions. EPA requestscomment on how it should integratethese warranty provisions with theproposed required maintenanceprovisions.An advisory parts list issued by EPAon July 15, 1991 gives manufacturersnotice of EPA’s current view concerningthe emission-related parts that arecovered by warranty under section207(a). Given the similarity between thebasic design of locomotive engines withthat of other diesel engines, EPA intendsto apply an updated version of this listto locomotives and locomotive engines.