- 26 - From respondent’s perspective, the engines wear out every 3 or 4 years and must be completely overhauled. From petitioners’ perspective, the towboat and its engines, if properly maintained, have an expected useful life of 40 years. Petitioners, however, perform the procedures every 3 to 4 years. So it could be argued that each time the procedure is performed it extends an engine’s life 3 to 4 years and permits the engine to achieve its 40-year life expectancy. It cannot be said, however, that the procedures performed are the equivalent of rebuilding or overhauling an engine, either in terms of time consumed, the extent of the procedures, the amount of parts replaced, or cost of the work performed. Accordingly, it could also be argued that the engine’s life is 40 years, and it must be maintained at 3- to 4- year intervals. Petitioners make a distinction between a disabled engine that must be replaced and/or overhauled and petitioners’ procedures which, for the most part, involve replacement or repair only of items that show wear. Petitioners’ approach is more in the nature of preventative maintenance, and they automatically replace only a limited number of items, such as pistons. The majority of the engine parts are inspected and cleaned and only replaced or repaired if necessary. Respondent emphasizes that petitioners inspect more than 90 percent of the parts, which, in respondent’s view, is tantamount to performingPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011