part_subject: "CONTROL OF EMISSIONS FROM LOCOMOTIVES"
subpart_code: "E"
subpart_subject: "In-use Testing"
section_number: "1033.405"
section_subject: "General provisions."
cfr_reference: "40 CFR 1033.405"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 1000 to 1059"
revised_date: "Revised as of July 1, 2017"
publication_date: "As of July 1, 2017"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)Each year, we will identify engine families and configurations within families that you must test according to the requirements of this section.
(1)We may require you to test one engine family each year for which you have received a certificate of conformity. If you are a manufacturer that holds certificates of conformity for both freshly manufactured and remanufactured locomotive engine families, we may require you to test one freshly manufactured engine family and one remanufactured engine family. We may require you to test additional engine families if we have reason to believe that locomotives in such families do not comply with emission standards in use.
(2)For engine families of less than 10 locomotives per year, no in-use testing will be required, unless we have reason to believe that those engine families are not complying with the applicable emission standards in use.
(b)Test a sample of in-use locomotives from an engine family, as specified in § 1033.415. We will use these data, and any other data available to us, to determine the compliance status of classes of locomotives, including for purposes of recall under 40 CFR part 1068, and whether remedial action is appropriate.