[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR201.1]

[Page 60-63]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 201.1  Definitions.


    As used in this part, all terms not defined herein shall have the 
meaning given them in the Act:
    (a) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86 
Stat. 1234).
    (b) Car Coupling Sound means a sound which is heard and identified 
by the observer as that of car coupling impact, and that causes a sound 
level meter indicator (FAST) to register an increase of at least ten 
decibels above the level observed immediately before hearing the sound.
    (c) Carrier means a common carrier by railroad, or partly by 
railroad and partly by water, within the continental United States, 
subject to the Interstate Commerce Act, as amended, excluding street, 
suburban, and interurban electric railways unless operated as a part of 
a general railroad system of transportation.
    (d) Classification of Railroads means the division of railroad 
industry operating companies by the Interstate Commerce Commission into 
three categories. As of 1978, Class I railroads must have annual 
revenues of $50 million or greater, Class II railroads must have annual 
revenues of between $10 and $50 million, and Class III railroads must 
have less than $10 million in annual revenues.
    (e) Commercial Property means any property that is normally 
accessible to the public and that is used for any of the purposes 
described in the following standard land use codes (reference Standard 
Land Use Coding Manual. U.S. DOT/FHWA, reprinted March 1977): 53-59, 
Retail Trade; 61-64, Finance, Insurance, Real Estate, Personal, Business 
and Repair Services; 652-659, Legal and other professional services; 
671, 672, and 673 Governmental Services; 692 and 699, Welfare, 
Charitable and Other Miscellaneous Services; 712 and 719, Nature 
exhibitions and other Cultural Activities; 721, 723, and 729, 
Entertainment, Public and other Public Assembly; and

[[Page 61]]

74-79, Recreational, Resort, Park and other Cultural Activities.
    (f) dB(A) is an abbreviation meaning A-weighted sound level in 
decibels, reference: 20 micropascals.
    (g) Day-night Sound Level means the 24-hour time of day weighted 
equivalent sound level, in decibels, for any continuous 24-hour period, 
obtained after addition of ten decibels to sound levels produced in the 
hours from 10 p.m. to 7 a.m. (2200-0700). It is abbreviated as 
L<INF>dn</INF>.
    (h) Decibel means the unit measure of sound level, abbreviated as 
dB.
    (i) Energy Average Level means a quantity calculated by taking ten 
times the common logarithm of the arithmetic average of the antilogs of 
one-tenth of each of the levels being averaged. The levels may be of any 
consistent type, e.g. maximum sound levels, sound exposure levels, and 
day-night sound levels.
    (j) Energy Summation of Levels means a quantity calculated by taking 
ten times the common logarithm of the sum of the antilogs of one-tenth 
of each of the levels being summed. The levels may be of any consistent 
type, e.g., day-night sound level or equivalent sound level.
    (k) Equivalent Sound Level means the level, in decibels, of the 
mean-square A-weighted sound pressure during a stated time period, with 
reference to the square of the standard reference sound pressure of 20 
micropascals. It is the level of the sound exposure divided by the time 
period and is abbreviated as L<INF>eq.
    </INF>(l) Fast Meter Response means that the ``fast'' response of 
the sound level meter shall be used. The fast dynamic response shall 
comply with the meter dynamic characteristics in paragraph 5.3 of the 
American National Standard Specification for Sound Level Meters. ANSI 
S1.4-1971. This publication is available from the American National 
Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
    (m) Idle means that condition where all engines capable of providing 
motive power to the locomotive are set at the lowest operating throttle 
position; and where all auxiliary non-motive power engines are not 
operating.
    (n) Interstate Commerce means the commerce between any place in a 
State and any place in another State, or between places in the same 
State through another State, whether such commerce moves wholly by rail 
or partly by rail and partly by motor vehicle, express, or water. This 
definition of ``interstate commerce'' for purposes of this regulation is 
similar to the definition of ``interstate commerce'' in section 203(a) 
of the Interstate Commerce Act (49 U.S.C. 303(a)).
    (o) Load Cell means a device external to the locomotive, of high 
electrical resistance, used in locomotive testing to simulate engine 
loading while the locomotive is stationary. (Electrical energy produced 
by the diesel generator is dissipated in the load cell resistors instead 
of the traction motors).
    (p) Locomotive means for the purpose of this regulation, a self-
propelled vehicle designed for and used on railroad tracks in the 
transport or rail cars, including self-propelled rail passenger 
vehicles.
    (q) Locomotive Load Cell Test Stand means the load cell 
Sec. 201.1(o) and associated structure, equipment, trackage and 
locomotive being tested.
    (r) Maximum Sound Level means the greatest A-weighted sound level in 
decibels measured during the designated time interval or during the 
event, with either fast meter response Sec. 201.1(l) or slow meter 
response Sec. 201.1(ii) as specified. It is abbreviated as 
L<INF>max</INF>.
    (s) Measurement Period means a continuous period of time during 
which noise of railroad yard operations is assessed, the beginning and 
finishing times of which may be selected after completion of the 
measurements.
    (t) Rail Car means a non-self-propelled vehicle designed for and 
used on railroad tracks.
    (u) Railroad means all the roads in use by any common carrier 
operating a railroad, whether owned or operated under a contract, 
agreement, or lease.
    (v) Receiving Property Measurement Location means a location on 
receiving property that is on or beyond the railroad facility boundary 
and that meets the receiving property measurement location criteria of 
subpart C.

[[Page 62]]

    (w) Receiving Property means any residential or commercial property 
that receives the sound from railroad facility operations, but that is 
not owned or operated by a railroad; except that occupied residences 
located on property owned or controlled by the railroad are included in 
the definition of ``receiving property.'' For purposes of this 
definition railroad crew sleeping quarters located on property owned or 
controlled by the railroad are not considered as residences. If, 
subsequent to the publication date of these regulations, the use of any 
property that is currently not applicable to this regulation changes, 
and it is newly classified as either residential or commercial, it is 
not receiving property until four years have elapsed from the date of 
the actual change in use.
    (x) Residential Property means any property that is used for any of 
the purposes described in the following standard land use codes (ref. 
Standard Land Use Coding Manual. U.S. DOT/FHWA Washington, DC, reprinted 
March 1977): 1, Residential: 651, Medical and other Health Services; 68, 
Educational Services; 691, Religious Activities; and 711, Cultural 
Activities.
    (y) Retarder (Active) means a device or system for decelerating 
rolling rail cars and controlling the degree of deceleration on a car by 
car basis.
    (z) Retarder Sound means a sound which is heard and identified by 
the observer as that of a retarder, and that causes a sound level meter 
indicator at fast meter response Sec. 201.1(l) to register an increase 
of at least ten decibels above the level observed immediately before 
hearing the sound.
    (aa) Sound Level means the level, in decibels, measured by 
instrumentation which satisfies the requirements of American National 
Standard Specification for Sound Level Meters S1.4-1971 Type 1 (or S1A) 
or Type 2 if adjusted as shown in Table 1. This publication is available 
from the American National Standards Institute, Inc., 1430 Broadway, New 
York, New York 10018. For the purpose of these procedures the sound 
level is to be measured using the Aweighting of spectrum and either the 
FAST or SLOW dynamic averaging characteristics, as designated. It is 
abbreviated as L<INF>A</INF>.
    (bb) Sound Exposure Level means the level in decibels calculated as 
ten times the common logarithm of time integral of squared A-weighted 
sound pressure over a given time period or event divided by the square 
of the standard reference sound pressure of 20 micropascals and a 
reference duration of one second.
    (cc) Sound Pressure Level (in stated frequency band) means the 
level, in decibels, calculated as 20 times the common logarithm of the 
ratio of a sound pressure to the reference sound pressure of 20 
micropascals.
    (dd) Special Purpose Equipment means maintenance-of-way equipment 
which may be located on or operated from rail cars including: Ballast 
cribbing machines, ballast regulators, conditioners and scarifiers, bolt 
machines, brush cutters, compactors, concrete mixers, cranes and 
derricks, earth boring machines, electric welding machines, grinders, 
grouters, pile drivers, rail heaters, rail layers, sandblasters, snow 
plows, spike drivers, sprayers and other types of such maintenance-of-
way equipment.
    (ee) Special Track Work means track other than normal tie and 
ballast bolted or welded rail or containing devices such as retarders or 
switching mechanisms.
    (ff) Statistical Sound Level means the level in decibels that is 
exceeded in a stated percentage (x) of the duration of the measurement 
period. It is abbreviated as L<INF>x</INF>.
    (gg) Switcher Locomotive means any locomotive designated as a 
switcher by the builder or reported to the ICC as a switcher by the 
operator-owning-railroad and including, but not limited to, all 
locomotives of the builder/model designations listed in Appendix A to 
this subpart.
    (hh) Warning Device means a sound emitting device used to alert and 
warn people of the presence of railroad equipment.
    (ii) Slow Meter Response means that the slow response of the sound 
level meter shall be used. The slow dynamic response shall comply with 
the meter dynamic characteristics in paragraph 5.4 of the American 
National Standard Specification for Sound Level Meters. ANSI S1.4-1971. 
This publication is

[[Page 63]]

available from the American National Standards Institute Inc., 1430 
Broadway, New York, New York 10018.
[45 FR 1263, Jan. 4, 1980, as amended at 47 FR 14709, Apr. 6, 1982]

        Appendix A to Subpart A of Part 201--Switcher Locomotives
[The following locomotives are considered to be ``switcher locomotives''
            under the general definition of this regulation]
------------------------------------------------------------------------
                   Type                                Engine
------------------------------------------------------------------------
                          General Electric Co.
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
44 ton...................................  8-D17000(2).
70 ton...................................  6-CBFWL-6T.
95 ton...................................  6-CBFWL-6T.
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
                      Electromotive Division (GMC)
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
SC.......................................  8-201A.
NC.......................................  12-201A.
NC1......................................  12-201A.
NC2......................................  12-201A.
NW.......................................  12-201A.
NW1......................................  12-201A.
NW1A.....................................  12-201A.
NW2......................................  12-567.
NW2......................................  12-567A.
NW3......................................  12-567.
NW4......................................  12-201A.
NW5......................................  12-567B.
SW.......................................  8-201A/6-567.
SW1......................................  6-567A/AC.
SW2......................................  6-567.
SW3......................................  6-567.
SW600....................................  6-567C.
SW7......................................  12-567A.
SW8......................................  8-567B/BC.
SW900....................................  8-567B.
SW9......................................  12-567B/BC/C.
SW1200...................................  12-567C.
SW1000...................................  8-645E.
SW1001...................................  8-645E.
SW1500...................................  12-645E.
MP15.....................................  12-645E.
MP15AC...................................  12-645E.
GMD1.....................................  12-567C.
RS1325...................................  12-567C.
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
              Transfer Switcher including ``Cow and Calf''
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
T........................................  12-201A(2)
TR.......................................  12-567(2)
TR1......................................  16-567(2)
TR2......................................  12-567A(2)
TR3......................................  12-567(3)
TR4......................................  12-567A(2)
TR5......................................  12-567B(2)
TR6......................................  8-567B(2)
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
                                 Baldwin
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
VO-660...................................  6-VO.
DS-446...................................  6-606NA.
DS4475...................................  6-750.
S-8......................................  6-606.
VO-1000..................................  8-VO.
DS-4410..................................  8-608NA.
DS-4410..................................  6-606SC.
S-12.....................................  6-606A.
DRS-4410 \1\.............................  6-606SC.
DRS-12 \1\...............................  6-606A.
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
                             Fairbanks Morse
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
H-10-44..................................  6-OP.
H-12-44..................................  6-OP.
H-12-44TS................................  6-OP.
H-12-46 \1\..............................  6-OP.
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
                                  Lima
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
750 hp...................................  6-Hamilton.
800 hp...................................  6-Hamilton.
1000 hp..................................  8-Hamilton.
1200 hp..................................  8-Hamilton.
LRS \1\..................................  8-Hamilton.
TL \1\...................................  8-Hamilton (2).
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
                              ALCO and MLW
ªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªªª
S1.......................................  6-539NA.
S2.......................................  6-539T.
S3.......................................  6-539NA.
S4.......................................  6-539T.
S5.......................................  6-251.
S6.......................................  6-251A,B.
S7.......................................  6-539.
S10......................................  6-539.
S11......................................  6-539.
S12......................................  6-539T.
S13......................................  6-251C.
RSD-1....................................  6-539.
RSC-13...................................  6-539.
RSC-24...................................  12-244
RS1......................................  6-539T.
RS2 \1\..................................  12-244.
RS3 \1\..................................  12-244.
RS10 \1\.................................  12-244.
RSC-2 \1\................................  12-244.
RS3 \1\..................................  12-244.
RSD-4 \1\................................  12-244.
RSD-5 \1\................................  12-244.
T6.......................................  6-251B.
C-415 \1\................................  8-251F.
M-420TR..................................  12-251.
------------------------------------------------------------------------
\1\ These models may be found assigned to road service as well as
  switcher service, but are considered switcher locomotives for the
  purpose of this regulation.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.10]

[Page 63-64]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.10  Applicability.


    The provisions of this subpart apply to all rail cars and all 
locomotives, except steam locomotives, operated or controlled by 
carriers as defined in subpart A of this part, except that Sec. 201.11 
(a), (b), and (c) do not apply to gas turbine-powered locomotives and to 
any locomotive type which cannot be connected by any standard method to 
a

[[Page 64]]

load cell. They apply to the total sound level emitted by rail cars and 
locomotives operated under the conditions specified, including the sound 
produced by refrigeration and air conditioning units which are an 
integral element of such equipment. The provisions of this subpart apply 
to all active retarders, all car coupling operations, all switcher 
locomotives, and all load cell test stands. These provisions do not 
apply to the sound emitted by a warning device, such as a horn, whistle 
or bell when operated for the purpose of safety. They do not apply to 
special purpose equipment which may be located on or operated from 
railcars; they do not apply to street, suburban or interurban electric 
railways unless operated as a part of a general railroad system of 
transportation. When land use changes after the publication date of this 
regulation from some other use to residential or commercial land use 
around a specific railyard facility, this regulation will become 
effective four (4) years from the date of that land use change.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.11]

[Page 64]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.11  Standard for locomotive operation under stationary conditions.

    (a) Commencing December 31, 1976, no carrier subject to this 
regulation shall operate any locomotive to which this regulation is 
applicable, and of which manufacture is completed on or before December 
31, 1979, which produces A-weighted sound levels in excess of 93 dB at 
any throttle setting except idle, when operated singly and when 
connected to a load cell, or in excess of 73 dB at idle when operated 
singly, and when measured in accordance with the criteria specified in 
Subpart C of this part with slow meter response at a point 30 meters 
(100 feet) from the geometric center of the locomotive along a line that 
is both perpendicular to the centerline of the track and originates at 
the locomotive geometric center.
    (b) No carrier subject to this regulation shall operate any 
locomotive to which this regulation is applicable, and of which 
manufacture is completed after December 31, 1979, which produces A-
weighted sound levels in excess of 87 dB at any throttle setting except 
idle, when operated singly and when connected to a load cell, or in 
excess of 70 dB at idle when operated singly, and when measured in 
accordance with the criteria specified in Subpart C of this part with 
slow meter response at a point 30 meters (100 feet) from the geometric 
center of the locomotive along a line that is both perpendicular to the 
centerline of the track and originates at the locomotive geometric 
center.
    (c) Commencing January 15, 1984, no carrier subject to this 
regulation may operate any switcher locomotive to which this regulation 
is applicable, and of which manufacture is completed on or before 
December 31, 1979, which produces A-weighted sound levels in excess of 
87 dB at any throttle setting except idle, when operated singly and when 
connected to a load cell, or in excess of 70 dB at idle, and when 
measured in accordance with the criteria specified in Subpart C of this 
part with slow meter response at a point 30 meters (100 feet) from the 
geometric center of the locomotive along a line that is both 
perpendicular to the centerline of the track and originates at the 
locomotive geometric center. All switcher locomotives that operate in a 
particular railroad facility are deemed to be in compliance with this 
standard if the A-weighted sound level from stationary switcher 
locomotives, singly or in combination with other stationary locomotives, 
does not exceed 65 dB when measured with fast meter response at any 
receiving property measurement location near that particular railyard 
facility and when measured in accordance wtih Subpart C of this 
regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.12]

[Page 64-65]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.12  Standard for locomotive operation under moving conditions.

    (a) Commencing December 31, 1976, no carrier subject to this 
regulation may operate any locomotive or combination of locomotives to 
which this regulation is applicable, and of which manufacture is 
completed on or before December 31, 1979, which produces A-weighted 
sound levels in excess of 96 dB when moving at any time or under any 
condition of grade, load, acceleration, or deceleration, when measured 
in accordance with the criteria specified in Subpart C of this 
regulation with fast meter response at 30 meters (100 feet)

[[Page 65]]

from the centerline of any section of track having less than a two (2) 
degree curve (or a radius of curvature greater than 873 meters (2865 
feet)).
    (b) No carrier subject to this regulation may operate any locomotive 
or combination of locomotives to which this regulation is applicable, 
and of which manufacture is completed after December 31, 1979, which 
produce A-weighted sound levels in excess of 90 dB when moving at any 
time or under any condition of grade, load, acceleration, or 
deceleration, when measured in accordance with the criteria specified in 
Subpart C of this part with fast meter response at 30 meters (100 feet) 
from the centerline of any section of track having less than a two (2) 
degree curve (or a radius of curvature greater than 873 meters (2,865 
feet)).
    (c) Commencing January 15, 1984, no carrier subject to this 
regulation may operate any switcher locomotive or a combination of 
switcher locomotives to which this regulation is applicable, and of 
which manufacture is completed on or before December 31, 1979 which 
produce A-weighted sound levels in excess of 90 dB when moving at any 
time or under any condition of grade, load, acceleration or 
deceleration, and when measured in accordance with the criteria in 
Subpart C of this part with fast meter response at 30 meters (100 feet) 
from the centerline of any section of track having less than a two (2) 
degree curve (or a radius of curvature greater than 873 meters (2,865 
feet)). All switcher locomotives that operate in a particular railroad 
facility are deemed to be in compliance with this standard if the A-
weighted sound level from stationary switcher locomotives, singly or in 
combination with other stationary locomotives, does not exceed 65 dB 
when measured with fast meter response at any receiving property 
measurement location near that particular railyard facility and when 
measured in accordance with Subpart C of this regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.13]

[Page 65]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.13  Standard for rail car operations.

    Effective December 31, 1976, no carrier subject to this regulation 
shall operate any rail car or combination of rail cars which while in 
motion produce sound levels in excess of (1) 88 dB(A) at rail car speeds 
up to and including 75 km/hr (45 mph); or (2) 93 dB(A) at rail car 
speeds greater than 72 km/hr (45 mph); when measured in accordance with 
the criteria specified in Subpart C of this part with fast meter 
response at 30 meters (100) feet from the centerline of any section of 
track which is free of special track work or bridges or trestles and 
which exhibits less than a two (2) degree curve (or a radius of 
curvature greater than 873 meters (2,865 feet)).
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.14]

[Page 65]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.14  Standard for retarders.

    Effective January 15, 1984, no carrier subject to this regulation 
shall operate retarders that exceed an adjusted average maximum A-
weighted sound level of 83 dB at any receiving property measurement 
location, when measured with fast meter response in accordance with 
Subpart C of this part.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.15]

[Page 65]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.15  Standard for car coupling operations.

    Effective January 15, 1984, no carrier subject to this regulation 
shall conduct car coupling operations that exceed an adjusted average 
maximum A-weighted sound level of 92 dB at any receiving property 
measurement location, when measured with fast meter response in 
accordance with Subpart C of this part, except, such coupling will be 
found in compliance with this standard and the carrier will be 
considered in compliance, if the railroad demonstrates that the standard 
is exceeded at the receiving property measurement locations (where the 
standard was previously exceeded) when cars representative of those 
found to exceed the standard are coupled at similar locations at 
coupling speeds of eight miles per hour or less.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]

[[Page 66]]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.16]

[Page 66]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
         Subpart B--Interstate Rail Carrier Operations Standards
 
Sec. 201.16  Standard for locomotive load cell test stands.

    (a) Effective January 15, 1984, no carrier subject to this reguation 
shall operate locomotive load cell test stands that exceed an A-weighted 
sound level of 78 dB when measured with slow meter response in 
accordance with Subpart C of this part excluding Sec. 201.23 (b) and 
(c), at a point 30 meters (100 feet) from the geometric center of the 
locomotive undergoing test, along a line that is both perpendicular to 
the centerline of the track and originates at the locomotive geometric 
center, and in the direction most nearly towards the closest receiving 
property measurement location. All locomotive load cell test stands in a 
particular railroad facility are in compliance with this standard if the 
A-weighted sound level from the load cell does not exceed 65 dB at any 
receiving property measurement location near that particular railyard 
facility and when measured with fast meter response in accordance with 
Subpart C of this regulation.
    (b) If the conditions of any part of Sec. 201.23(a) cannot be met at 
a specific load cell test stand site, then the A-weighted sound level 
from that specific load cell test stand must not exceed 65 dB when 
measured with fast meter response at a receiving property measurement 
location more than 120 meters (400 feet) from the geometric center of 
the locomotive being tested and in accordance with Subpart C of this 
regulation.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.20]

[Page 66]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.20  Applicability and purpose.


    The following criteria are applicable to and contain the necessary 
parameters and procedures for the measurement of the noise emission 
levels prescribed in the standards of Subpart B of this part. These 
criteria are specified in order to further clarify and define such 
standards. Equivalent measurement procedures may be used for 
establishing compliance with these regulations. Any equivalent 
measurement procedure, under any circumstance, shall not result in a 
more stringent noise control requirement than those specified in this 
regulation using the measurement procedures in Subpart C.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.21]

[Page 66]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.21  Quantities measured.

    The quantities to be measured under the test conditions described 
below, are the A-weighted sound levels for ``fast'' or ``slow'' meter 
response as defined in the American National Standard S1.4-1971.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.22]

[Page 66-67]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.22  Measurement instrumentation.

    (a) A sound level meter or alternate sound level measurement system 
that meets, as a minimum, all the requirements of American National 
Standard S1.4-1971 <SUP>1</SUP> for a Type 1 (or S1A) instrument must be 
used with the ``fast'' or ``slow'' meter response chacteristic as 
specified in Subpart B. To insure Type 1 response, the manufacturer's 
instructions regarding mounting or orienting of the microphone, and 
positioning of the observer must be observed. In the event that a Type 1 
(or S1A) instrument is not available for determining non-compliance with 
this regulation, the measurements may be made with a Type 2 (or S2A), 
but with the measured levels reduced by the following amount to account 
for possible measurement instrument errors pertaining to specific 
measurements and sources:
---------------------------------------------------------------------------


    <SUP>1</SUP>  American National Standards are available from the 
American National Standards Institute, Inc., 1430 Broadway, New York, NY 
10018.

Table 1--Sound Level Corrections When Using a Type 2 (or S2A) Instrument
------------------------------------------------------------------------
     Measurement section                 Source             Decibels \1\
------------------------------------------------------------------------
201.24......................  Locomotives.................          0
                              Rail cars...................          0
                              Locomotive load cell test             0
                               stand.
201.26......................  Retarder....................          4
                              Car coupling................          2
201.27......................  Locomotive load cell test             0
                               stand.
                              Stationary locomotive.......          0
------------------------------------------------------------------------
\1\ Amount of correction to be subtracted from measured level (dB).

    (b) A microphone windscreen and an acoustic calibrator of the 
coupler type must be used as recommended by: (1) the manufacturer of the 
sound level meter or (2) the manufacturer of the microphone. The choice 
of both devices

[[Page 67]]

must be based on ensuring that Type 1 or 2 performance, as appropriate, 
is maintained for frequencies below 10,000 Hz.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.23]

[Page 67]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.23  Test site, weather conditions and background noise criteria for measurement at a 30 meter (100 feet) distance of the noise from locomotive and rail 
          car operations and locomotive load cell test stands.

    (a) The standard test site shall be such that the locomotive or 
train radiates sound into a free field over the ground plane. This 
condition may be considered fulfilled if the test site consists of an 
open space free of large, sound reflecting objects, such as barriers, 
hills, signboards, parked vehicles, locomotives or rail cars on adjacent 
tracks, bridges or buildings within the boundaries described by Figure 
1, as well as conforms to the other requirements of this Sec. 201.23.
    (b) Within the complete test site, the top of at least one rail upon 
which the locomotive or train is located shall be visible (line of 
sight) from a position 1.2 meters (4 feet) above the ground at the 
microphone location, except as provided in paragraph (c) of this 
section.
    (c) Ground cover such as vegetation, fenceposts, small trees, 
telephone poles, etc., shall be limited within the area in the test site 
between the vehicle under test and the measuring microphone such that 80 
percent of the top of at least one rail along the entire test section of 
track be visible from a position 1.2 meters (4 feet) above the ground at 
the microphone location; except that no single obstruction shall account 
for more than 5 percent of the total allowable obstruction.
    (d) The ground elevation at the microphone location shall be within 
plus 1.5 meters (5 feet) or minus 3.0 meters (10 feet) of the elevation 
of the top of the rail at the location in-line with the microphone.
    (e) Within the test site, the track shall exhibit less than a 2 
degree curve or a radius of curvature greater than 873 meters (2,865 
feet). This paragraph shall not apply during a stationary test. The 
track shall be tie and ballast, free of special track work and bridges 
or trestles.
    (f) Measurements shall not be made during precipitation.
    (g) The maximum A-weighted fast response sound level observed at the 
test site immediately before and after the test shall be at least 10 
dB(A) below the level measured during the test. For the locomotive and 
rail car pass-by tests this requirement applies before and after the 
train containing the rolling stock to be tested has passed. This 
background sound level measurement shall include the contribution from 
the operation of the load cell, if any, including load cell contribution 
during test.
    (h) Noise measurements may only be made if the measured wind 
velocity is 19.3 km/hr (12 mph) or less. Gust wind measurements of up to 
33.2 km/hr (20 mph) are allowed.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.24]

[Page 67-68]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.24  Procedures for measurement at a 30 meter (100 feet) distance of the noise from locomotive and rail car operations and locomotive load cell test 
          stands.

    (a) Microphone positions. (1) The microphone shall be located within 
the test site according to the specifications given in the test 
procedures of paragraphs (b), (c) and (d) of this section, and shall be 
positioned 1.2 meters (4 feet) above the ground. It shall be oriented 
with respect to the source in accordance with the manufacturer's 
recommendations.
    (2) The observer shall not stand between the microphone and the 
source whose sound level is being measured.
    (b) Stationary locomotive and locomotive load cell test stand tests. 
(1) For stationary locomotive and locomotive load cell test stand tests, 
the microphone shall be positioned on a line perpendicular to the track 
at a point 30 meters (100 feet) from the track centerline at the 
longitudinal midpoint of the locomotive.
    (2) The sound level meter shall be observed for thirty seconds after 
the test throttle setting is established to assure operating stability. 
The maximum sound level observed during that time shall be utilized for 
compliance purposes.
    (3) Measurement of stationary locomotive and locomotive load cell 
test stand noise shall be made with all cooling fans operating.
    (c) Rail car pass-by test. (1) For rail car pass-by tests, the 
microphone shall

[[Page 68]]

be positioned on a line perpendicular to the track 30 meters (100 feet) 
from the track centerline.
    (2) Rail car noise measurements shall be made when the locomotives 
have passed a distance 152.4 meters (500 feet) or 10 rail cars beyond 
the point at the intersection of the track and the line which extends 
perpendicularly from the track to the microphone location, providing any 
other locomotives are also at least 152.4 meters (500 feet) or 10 rail 
car lengths away from the measuring point. The maximum sound level 
observed in this manner which exceeds the noise levels specified in 
Sec. 201.13 shall be utilized for compliance purposes.
    (3) Measurements shall be taken on reasonably well maintained 
tracks.
    (4) Noise levels shall not be recorded if brake squeal is present 
during the test measurement.
    (d) Locomotive pass-by test. (1) For locomotive pass-by tests, the 
microphone shall be positioned on a line perpendicular to the track at a 
point 30 meters (100 feet) from the track centerline.
    (2) The noise level shall be measured as the locomotive approaches 
and passes by the microphone location. The maximum noise level observed 
during this period shall be utilized for compliance purposes.
    (3) Measurements shall be taken on reasonably well maintained 
tracks.
[GRAPHIC] [TIFF OMITTED] TC01FE92.051



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.25]

[Page 68]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.25  Measurement location and weather conditions for measurement on receiving property of the noise of retarders, car coupling, locomotive load cell 
          test stands, and stationary locomotives.

    (a) Measurements must be conducted only at receiving property 
measurement locations.
    (b) Measurement locations on receiving property must be selected 
such that no substantially vertical plane surface, other than a 
residential or commercial unit wall or facility boundary noise barrier, 
that exceeds 1.2 meters (4 feet) in height is located within 10 meters 
(33.3 feet) of the microphone and that no exterior wall of a residential 
or commercial structure is located within 2.0 meters (6.6 feet) of the 
microphone. If the residential structure is a farm home, measurements 
must be made 2.0 to 10.0 meters (6.6 to 33.3 feet) from any exterior 
wall.
    (c) No measurement may be made when the average wind velocity during 
the period of measurement exceeds 19.3 km/hr (12 mph) or when the 
maximum wind gust velocity exceeds 32.2 km/hr (20 mph).
    (d) No measurement may be taken when precipitation, e.g., rain, 
snow, sleet, or hail, is occurring.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.26]

[Page 68-69]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.26  Procedures for the measurement on receiving property of retarder and car coupling noise.

    (a) Retarders--(1) Microphone. The microphone must be located on the 
receiving property and positioned at a height between 1.2 and 1.5 meters 
(4 to 5 feet) above the ground. The microphone must be positioned with 
respect to the equipment in accordance with the manufacturers' 
recommendations for Type 1 or 2 performance as appropriate. No person 
may stand between the microphone and the equipment being measured or be 
otherwise positioned relative to the microphone at variance with the 
manufacturers' recommendations for Type 1 or 2 performance as 
appropriate.

[[Page 69]]

    (2) Data. The maximum A-weighted sound levels (FAST) for every 
retarder sound observed during the measurement period must be read from 
the indicator and recorded. At least 30 consecutive retarder sounds must 
be measured. The measurement period must be at least 60 minutes and not 
more than 240 minutes.
    (3) Adjusted average maximum A-weighted sound level. The energy 
average level for the measured retarder sounds must be calculated to 
determine the value of the average maximum A-weighted sound level 
(L<INF>ave!max</INF>). This value is then adjusted by adding the 
adjustment (C) from Table 2 appropriate to the number of measurements 
divided by the duration of the measurement period (n/T), to obtain the 
adjusted average maximum A-weighted sound level (L<INF>adj!ave!
max</INF>) for retarders.
    (b) Car coupling impact--(1) Microphone. The microphone must be 
located on the receiving property and at a distance of at least 30 
meters (100 feet) from the centerline of the nearest track on which car 
coupling occurs and its sound is measured (that is, either the 
microphone is located 30 meters (100 feet) from the nearest track on 
which couplings occur, or all sounds resulting from car coupling impacts 
that occur on tracks with centerlines located less than 30 meters (100 
feet) from the microphone are disregarded). The microphone shall be 
positioned at a height between 1.2 and 1.5 meters (4 and 5 feet) above 
the ground, and it must be positioned with respect to the equipment in 
accordance with the manufacturers' recommendations for Type 1 or 2 
performance as appropriate. No person may stand between the microphone 
and the equipment being measured or be otherwise positioned relative to 
the microphone at variance with the manufacturers' recommendations for 
Type 1 or 2 performance as appropriate.
    (2) Data. The maximum A-weighted sound levels (FAST) for every car 
coupling impact sound observed during the measurement period must be 
read from the indicator and recorded. At least 30 consecutive car 
coupling impact sounds must be measured. The measurement period must be 
at least 60 minutes and not more than 240 minutes, and must be reported.

Table 2--Adjustment to L<INF>ave!max To Obtain L<INF>adj!ave!max for Retarders and
                        Car Coupling Impacts \1\
 [n/T=number of measurements/measurement duration (min) C=Adjustment in
                                   dB]
0.111 to 0.141..................................................      -9
0.142 to 0.178..................................................      -8
0.179 to 0.224..................................................      -7
0.225 to 0.282..................................................      -6
0.283 to 0.355..................................................      -5
0.356 to 0.447..................................................      -4
0.448 to 0.562..................................................      -3
0.563 to 0.708..................................................      -2
0.709 to 0.891..................................................      -1
0.892 to 1.122..................................................       0
1.123 to 1.413..................................................      +1
1.414 to 1.778..................................................      +2
1.779 to 2.239..................................................      +3
2.240 to 2.818..................................................      +4
2.819 to 3.548..................................................      +5
3.549 to 4.467..................................................      +6
\1\ L<INF>adj!ave!max=L<INF>ave!max +C in dB.
Values in Table 2 were calculated from [C=10 log n/T] with intervals
  selected to round off values to the nearest whole decibel. The table
  may be extended or interpolated to finer interval gradations by using
  this defining equation.

    (3) Adjusted average maximum A-weighted sound level. The energy 
average level for the measured car coupling sounds is calculated to 
determine the average maximum sound level (L<INF>ave!max</INF>). It is 
then adjusted by adding the adjustment (C) from Table 2 appropriate to 
the number of measurements divided by the duration of the measurement 
period (n/T), to obtain the adjusted average maximum A-weighted sound 
level (L<INF>adj!ave!max</INF>) for car coupling impacts.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.27]

[Page 69-71]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.27  Procedures for: (1) Determining applicability of the locomotive load cell test stand standard and switcher locomotive standard by noise measurement 

          on a receiving property; (2) measurement of locomotive load 
          cell test stands more than 120 meters (400 feet) on a 
          receiving property.

    (a) Microphone. The microphone must be located at a receiving 
property measurement location and must be positioned at a height between 
1.2 and 1.5 meters (4 and 5 feet) above the ground. Its position with 
respect to the equipment must be in accordance with the manufacturers' 
recommendations for Type 1 or 2 performance as appropriate. No person 
may stand between the microphone and the equipment being measured or be 
otherwise positioned

[[Page 70]]

relative to the microphone at variance to the manufacturers' 
recommendations for Type 1 or Type 2 performance as appropriate.
    (b) Data. (1) When there is evidence that at least one of these two 
types of nearly steady state sound sources is affecting the noise 
environment, the following measurements must be made. The purpose of 
these measurements is to determine the A-weighted L<INF>90</INF> 
statistical sound level, which is to be used as described in 
subparagraph (c) below to determine the applicability of the source 
standards. Before this determination can be made, the measured L<INF>90</INF> 
is to be ``validated'' by comparing the measured L<INF>10</INF> and 
L<INF>99</INF> statistical sound levels. If the difference between these 
levels is sufficiently small (4 dB or less), the source(s) being 
measured is considered to be a nearly steady state source.
    (2) Data shall be collected by measuring the instantaneous A-
weighted sound level (FAST) at a rate of at least once each 10 seconds 
for a measurement period of at least 15 minutes and until 100 
measurements are obtained. The data may be taken manually by direct 
reading of the indicator at 10 second intervals (<SUP>plus-minus</SUP>1 
second), or by attaching a statistical analyzer, graphic level recorder, 
or other equivalent device to the sound level meter for a more 
continuous recording of the instantaneous sound level.
    (3) The data shall be analyzed to determine the levels exceeded 99%, 
90%, and 10% of the time, i.e., L<INF>99</INF>, L<INF>90</INF>, and 
L<INF>10</INF>, respectively. The value of L<INF>90</INF> is considered 
a valid measure of the A-weighted sound level for the standards in 
Sec. 201.16 only if the difference between L<INF>10</INF> and L<INF>99</INF> 
has a value of 4 dB or less. If a measured value of L<INF>90</INF> is 
not valid for this purpose, measurements may be taken over a longer 
period to attempt to improve the certainty of the measurement and to 
validate L<INF>90</INF>. If L<INF>90</INF> is valid and is less than the 
level in applicable standards for these source types, the sources are in 
compliance. If the measured value of L<INF>90</INF> is valid and exceeds 
the initial 65 dB requirement for any of the source types that appear to 
be affecting the noise environments, the evaluation according to the 
following paragraph (c) is required.
    (c) Determination of applicability of the standard when L<INF>90</INF> 
is validated and is in excess of one or more of the source standards. 
The following procedures must be used to determine the compliance of the 
various source types when L<INF>90</INF> is validated and in excess of 
one or more of the applicable standards.
    (1) The principal direction of the nearly steady-state sound at the 
measurement location must be determined, if possible, by listening to 
the sound and localizing its apparent source(s). If the observer is 
clearly convinced by this localization process that the sound emanates 
only from one or both of these two sources, then:
    (i) If only stationary locomotive(s), including at least one 
switcher locomotive, are present, the value of L<INF>90</INF> is the 
value of the A-weighted sound level to be used in determining if the 65 
dB requirement is exceeded and compliance with the standards in 
Secs. 201.11(c) and 201.12(c) is necessary.
    (ii) If only a locomotive load cell test stand and the locomotive 
being tested are present and operating, the value of L<INF>90</INF> is 
the value of the A-weighted sound level to be used in determining 
applicability of the standard in Sec. 201.16.
    (iii) If a locomotive load cell test stand(s) and the locomotive 
being tested are present and operating with stationary locomotive(s), 
including at least one switcher locomotive, the value L<INF>90</INF> 
minus 3 dB is the value of the A-weighted sound level to be used in 
determining applicability of the standards in Secs. 201.11(c), 201.12(c) 
and 201.16.
    (iv) If a locomotive load cell test stand(s) and the locomotive 
being tested are present and operating, and a stationary locomotive(s) 
is present, and if the nearly steady-state sound level is observed to 
change by 10 dB, coincident with evidence of a change in operation of 
the locomotive load cell test stand but without apparent change in the 
location of stationary locomotives, another measurement of L<INF>90</INF> 
must be made in accordance with paragraph (b) of this section. If this 
additional measure of L<INF>90</INF> is validated and differs from the 
initial measure of L<INF>90</INF> by an absolute value of 10 dB or more, 
then the higher value of L<INF>90</INF> is the value of the A-weighted 
sound level to be used in

[[Page 71]]

determining applicability of the standard in Sec. 201.16.
    (2) In order to accomplish the comparison demonstration of paragraph 
(c)(3) of this section, when one or more source types is found not to be 
in compliance with the applicable standard(s), documentation of noise 
source information shall be necessary. This will include, but not be 
limited to, the approximate location of all sources of each source type 
present and the microphone position on a diagram of the particular 
railroad facility, and the distances between the microphone location and 
each of the sources must be estimated and reported. Additionally, if 
other rail or non-rail noise sources are detected, they must be 
identified and similarly reported.
    (3) If it can be demonstrated that the validated L<INF>90</INF> is 
less than 5 dB greater than any L<INF>90</INF> measured at the same 
receiving property location when the source types that were operating 
during the initial measurement(s) are either turned off or moved, such 
that they can no longer be detected, the initial value(s) of L<INF>90</INF> 
must not be used for determining applicability to the standards. This 
demonstration must be made at a time of day comparable to that of the 
initial measurements and when all other conditions are acoustically 
similar to those reported in paragraph (c)(2) of this section.
[45 FR 1263, Jan. 4, 1980; 47 FR 14709, Apr. 6, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR201.28]

[Page 71]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 201--NOISE EMISSION STANDARDS FOR TRANSPORTATION EQUIPMENT; INTERSTATE RAIL CARRIERS--Table of Contents
 
                     Subpart C--Measurement Criteria
 
Sec. 201.28  Testing by railroad to determine probable compliance with the standard.

    (a) To determine whether it is probably complying with the 
regulation, and therefore whether it should institute noise abatement, a 
railroad may take measurements on its own property at locations that:
    (1) Are between the source and receiving property
    (2) Derive no greater benefit from shielding and other noise 
reduction features that does the receiving property; and
    (3) Otherwise meet the requirements of Sec. 201.25.
    (b) Measurements made for this purpose should be in accordance with 
the appropriate procedures in Sec. 201.26 or Sec. 201.27. If the 
resulting level is less than the level stated in the standard, then 
there is probably compliance with the standard.
    (c) This procedure is set forth to assist the railroad in devising 
its compliance plan, not as a substantive requirement of the regulation.



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