--- kind: "section" citation: "40 C.F.R. § 1033.150" title: "40" number: "1033.150" heading: "Interim provisions." url: "https://uscodex.org/cfr/40/1033.150" --- # §1033.150. Interim provisions. The provisions of this section apply instead of other provisions of this part for a limited time. This section describes when these provisions apply. - (a) [Reserved] - (b) **Idle controls.** A locomotive equipped with an automatic engine stop/start system that was originally installed before January 1, 2009 and that conforms to the requirements of [§ 1033.115(g)](/cfr/40/1033.115.md?p=g) is deemed to be covered by a certificate of conformity with respect to the requirements of [§ 1033.115(g)](/cfr/40/1033.115.md?p=g). Note that the provisions of [subpart C](/cfr/40/subpartC.md) of this part also allow you to apply for a conventional certificate of conformity for such systems. - (c) **Locomotive labels for transition to new standards.** This [paragraph (c)](#c) applies when you remanufacture a locomotive that was previously certified under [40 CFR part 92](/cfr/40/part92.md). You must remove the old locomotive label and replace it with the locomotive label specified in [§ 1033.135](/cfr/40/1033.135.md). - (d) [Reserved] - (e) **Producing switch locomotives using certified nonroad engines.** You may use the provisions of this [paragraph (e)](#e) to produce any number of freshly manufactured or refurbished switch locomotives in model years 2008 through 2017. Locomotives produced under this [paragraph (e)](#e) are exempt from the standards and requirements of this part subject to the following provisions: - (1) All of the engines on the switch locomotive must be covered by a certificate of conformity issued under 40 CFR part [89](/cfr/40/part89.md) or [1039](/cfr/40/part1039.md) for model year 2008 or later (or earlier model years if the same standards applied as in 2008). Engines over 750 hp certified to the Tier 4 standards for non-generator set engines are not eligible for this allowance after 2014. - (2) You must reasonably project that more of the engines will be sold and used for non-locomotive use than for use in locomotives. - (3) You may not generate or use locomotive credits under this part for these locomotives. - (4) **Include the following statement on a permanent locomotive label—** “THIS LOCOMOTIVE WAS CERTIFIED UNDER [40 CFR 1033.150(e)](#e). THE ENGINES USED IN THIS LOCOMOTIVE ARE SUBJECT TO REQUIREMENTS OF [40 CFR PARTS 1039](/cfr/40/part1039.md) (or 89) AND 1068.” - (5) The rebuilding requirements of [40 CFR part 1068](/cfr/40/part1068.md) apply when remanufacturing engines used in these locomotives. - (f) **In-use compliance limits.** For purposes of determining compliance other than for certification or production-line testing, calculate the applicable in-use compliance limits by adjusting the applicable standards/FELs. The PM adjustment applies only for model year 2017 and earlier locomotives and does not apply for locomotives with a PM FEL higher than 0.03 g/bhp-hr. The NOX adjustment applies only for model year 2017 and earlier locomotives and does not apply for locomotives with a NOX FEL higher than 2.0 g/bhp-hr. Add the applicable adjustments in Tables 1 or 2 of this section (which follow) to the otherwise applicable standards (or FELs) and notch caps. You must specify during certification which add-ons, if any, will apply for your locomotives. - (g) **Optional interim Tier 4 compliance provisions for NO—** X emissions. For model years 2015 through 2022, manufacturers may choose to certify some or all of their Tier 4 line-haul engine families according to the optional compliance provisions of this [paragraph (g)](#g). The following provisions apply to all locomotives in those families: - (1) The provisions of this [paragraph (g)](#g) apply instead of the deterioration factor requirements of §§ [1033.240](/cfr/40/1033.240.md) and [1033.245](/cfr/40/1033.245.md) for NOX emissions. You must certify that the locomotives in the engine family will conform to the requirements of this [paragraph (g)](#g) for their full useful lives. - (2) **The applicable NOX emission standard for locomotives certified under this paragraph (g) is—** - (i) 1.3 g/bhp-hr for locomotives that have accumulated less than 50 hours of operation. - (ii) 1.3 plus 0.6 g/bhp-hr for locomotives that have accumulated 50 hours or more of operation. - (3) The engine family may not generate NOX emission credits. - (4) The design certification provisions of [§ 1033.240(c)](/cfr/40/1033.240.md?p=c) do not apply for these locomotives for the next remanufacture. - (5) Manufacturers must comply with the production-line testing program in subpart D of this part for these engine families or the following optional program: - (i) You are not required to test locomotives in the family under [subpart D](/cfr/40/subpartD.md) of this part if you comply with the requirements of this [paragraph (g)(5)](#g-5). - (ii) **Test the locomotives as specified in subpart E of this part, with the following exceptions—** - (A) The minimum test sample size is one percent of the number of locomotives in the family or five, whichever is less. - (B) The locomotives must be tested after they have accumulated 50 hours or more of operation but before they have reached 50 percent of their useful life. - (iii) The standards in this part for pollutants other than NOX apply as specified for testing conducted under this optional program. - (6) The engine family may use NOX emission credits to comply with this [paragraph (g)](#g). However, a 1.5 g/bhp-hr NOX FEL cap applies for engine families certified under this [paragraph (g)](#g). The applicable standard for locomotives that have accumulated 50 hours or more of operation is the FEL plus 0.6 g/bhp-hr. - (7) The in-use NOX add-ons specified in [paragraph (f)](#f) of this section do not apply for these locomotives. - (8) All other provisions of this part apply to such locomotives, except as specified otherwise in this [paragraph (g)](#g). - (h) -(j) [Reserved] - (k) **Test fuels.** Testing performed during calendar years 2008 and 2009 may be performed using test fuels that meet the specifications of [40 CFR 92.113](/cfr/40/92.113.md). If you do, adjust PM emissions downward by 0.04 g/bhp-hr to account for the difference in sulfur content of the fuel. ## Notes ### Amendments [73 FR 37197, June 30, 2008, as amended at 73 FR 59189, Oct. 8, 2008; 74 FR 8423, Feb. 24, 2009; 75 FR 22983, Apr. 30, 2010; 75 FR 68460, Nov. 8, 2010; 81 FR 74004, Oct. 25, 2016; 86 FR 34375, June 29, 2021] ### 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 73 FR 59189, Oct. 8, 2008; 74 FR 8423, Feb. 24, 2009; 75 FR 22983, Apr. 30, 2010; 75 FR 68460, Nov. 8, 2010; 81 FR 74004, Oct. 25, 2016; 86 FR 34375, June 29, 2021]