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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6383power at throttle notches). As isdiscussed in the section on productionline testing, a waiver from therequirement that locomotives (notengines) be tested under the productionline testing program will be available forthose manufacturers andremanufacturers which onlymanufacture or remanufacture enginesused to repower existing locomotives.While EPA is proposing to allow datafrom a development engine to be usedfor certification testing, the Agency isaware that parts of this engine may havebeen in operation for some time whenthe engine is tested. Thus, the data usedfor certification may not accuratelyreflect the emissions performance of afreshly manufactured engine. Theapplication for certification wouldinclude a demonstration, which couldbe based on good engineeringjudgement, that the locomotive orlocomotive engine will meet theapplicable emission standardsthroughout its useful life. Thus, themanufacturer or remanufacturer wouldbe required to use engineeringjudgement or test data to develop adeterioration factor (df), subject to EPAapproval, for the development enginewhich would account for any expectedemissions deterioration. As part of theapplication for certification, EPAproposes to require the applicant to alsoprovide a df, also subject to EPAapproval and based on engineeringjudgement or test data, which could beapplied to a freshly manufactured unitto give its emissions rate at the end ofits useful life. This df might be differentthan the one generated for use with thedevelopment engine data, and it wouldbe used for production line testing ofnew locomotives and locomotiveengines.When no significant changes to anengine family occur from one modelyear to the next, EPA proposes to allowmanufacturers and remanufacturers theflexibility to submit emission test dataused to certify the engine family inprevious years in lieu of actual testingfor current year certification. This canbe done to certify an engine familywhich is the same as, or substantiallysimilar to (as determined by theAdministrator), the previously certifiedengine family, provided these data showthat the test engine would comply withthe applicable regulations. This allowsmanufacturers the ability to ‘‘carryover’’ test data from the same enginefamily from one model year to another.The proposed remanufacturerequirements for locomotives raise aunique question regarding who shouldbe required (or allowed) to hold thecertificate of conformity for aremanufactured locomotive enginefamily. Section 206 of the Act, whichapplies to locomotives pursuant tosection 213(d), states that theAdministrator shall test new vehiclesand engines submitted by amanufacturer to determine compliancewith applicable emissions standardsand shall issue a certificate ofconformity if the vehicle or engineconforms to EPA regulations. Section203(a)(1) prohibits manufacturers fromintroducing into commerce newvehicles and engines that are notcovered by a certificate of conformityissued by EPA. Because section 213(d)states that EPA’s locomotive emissionsstandards shall be enforced in the samemanner as the federal motor vehicleemissions standards, it is appropriate toapply the prohibition againstintroduction into commerce without avalid certificate to manufacturers of newlocomotives and new engines used inlocomotives. Since EPA proposes todefine remanufactured locomotives asnew, these provisions apply to bothremanufactured and freshlymanufactured locomotives. Section 216defines ‘‘manufacturer’’ as any personengaged in the manufacturing orassembling of new nonroad vehicles ornew nonroad engines. This definitionenvisions manufacturing of a newvehicle or engine, at least in some cases,as being something other than simplyassembling the new vehicle or engine.EPA has considered theremanufacturing process forlocomotives and engines to determinewhich entity or entities should beconsidered a manufacturer for purposesof compliance with emissionsstandards. For remanufacturedlocomotives and engines, severaldifferent entities may be ‘‘engaged in themanufacturing or assembling’’ of thenew locomotive or engine, potentiallyresulting in multiple manufacturers of aremanufactured locomotive or engine. Arailroad company may remanufacture itslocomotives or engines itself. A railroadmay otherwise play a significant role inthe process of design, production, orinstallation of parts in theremanufacturing process. A third partymay install the remanufacturing kit.Such kits, in turn, could be produced bya different entity. All of these parties areinvolved in the remanufacturing processto some extent, and can therefore beconsidered to be ‘‘engaged in themanufacturing or assembling’’ of theresulting new locomotive or engine.This is significantly different from themotor vehicle industry, in that no singleentity conducts the entire process ofmanufacturing a new vehicle or engine.The entity that makes theremanufacturing kit, containing partsused to remanufacture locomotives orengines, can be considered amanufacturer of the new locomotive orengine because such entity actuallyproduces the components that willconstitute the remanufacturedlocomotive or engine. The installer ofthe remanufacturing kit, who may ormay not be a different entity, can beconsidered a manufacturer of theremanufactured locomotive or enginebecause such entity performs theinstallation of the remanufacturing kit toresult in a new locomotive or engine.Finally, the railroad company thatremanufactures its own engine, or isotherwise involved to any significantdegree in the remanufacturing process,such as hire another entity to install aremanufacturing kit according to therailroad’s specifications, can beconsidered a manufacturer of theresulting new locomotive or engine,because the railroad plays a significantrole in determining the specific mannerin which the locomotive or engine willbe remanufactured. Because any of theseentities could be considered theremanufacturer, the Agency isproposing that any of them could holdthe certificate of conformity. TheAgency requests comment on its legalauthority to call a railroad amanufacturer in cases where therailroad is in no way involved in theremanufacturing of its locomotives.It is possible that, given the numberof entities that could be engaged inmanufacturing or assembling aremanufactured locomotive enginefamily, there will be cases where thecertificate holder will be an entity otherthan the installer (e.g., the entity whichdesigns the system or manufactures thecomponents). In such cases thecertificate holder would be required, asa condition of the certificate ofconformity under section 206(a) of theAct, to provide to the installer alongwith a remanufacture kit (which wouldinclude the necessary components or acomponent list including specificationsfor the components) instructions for theproper installation and calibration ofthose components, as well as any otherinstructions or calibrations required forthat remanufactured engine family tomeet the applicable emissionsstandards. Specific provisions for howremanufacture kits would be handledwith respect to production line testingand liability are discussed later in thisnotice.The Agency requests comment onwhether it should require emissiontesting for remanufacturers certifyingkits that are equivalent to kits