[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.10]

[Page 71-72]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 202.10  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) Common carrier by motor vehicle means any person who holds 
himself out to the general public to engage in the transportation by 
motor vehicle in interstate or foreign commerce of passengers or 
property or any class or classes thereof for compensation, whether over 
regular or irregular routes.
    (c) Contract carrier by motor vehicle means any person who engages 
in transportation by motor vehicle of passengers or property in 
interstate or foreign commerce for compensation (other than 
transportation referred to in paragraph (b) of this section) under 
continuing contracts with one person or a limited number of persons 
either (1) for the furnishing of transportation services through the 
assignment of motor vehicles for a continuing period

[[Page 72]]

of time to the exclusive use of each person served or (2) for the 
furnishing of transportation services designed to meet the distinct need 
of each individual customer.
    (d) Cutout or by-pass or similar devices means devices which vary 
the exhaust system gas flow so as to discharge the exhaust gas and 
acoustic energy to the atmosphere without passing through the entire 
length of the exhaust system, including all exhaust system sound 
attenuation components.
    (e) dB(A) means the standard abbreviation for A-weighted sound level 
in decibels.
    (f) Exhaust system means the system comprised of a combination of 
components which provides for enclosed flow of exhaust gas from engine 
parts to the atmosphere.
    (g) Fast meter response means that the fast dynamic 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., 1420 Broadway, New York, New York 10018.
    (h) Gross Vehicle Weight Rating (GVWR) means the value specified by 
the manufacturer as the loaded weight of a single vehicle.
    (i) Gross Combination Weight Rating (GCWR) means the value specified 
by the manufacturer as the loaded weight of a combination vehicle.
    (j) Highway means the streets, roads, and public ways in any State.
    (k) 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 motor 
vehicle or partly by motor vehicle and partly by rail, express, water or 
air. This definition of ``interstate commerce'' for purposes of these 
regulations is the same as the definition of ``interstate commerce'' in 
section 203(a) of the Interstate Commerce Act. [49 U.S.C. 303(a)]
    (l) Motor carrier means a common carrier by motor vehicle, a 
contract carrier by motor vehicle, or a private carrier of property by 
motor vehicle as those terms are defined by paragraphs (14), (15), and 
(17) of section 203(a) of the Interstate Commerce Act [49 U.S.C. 
303(a)].
    (m) Motor vehicle means any vehicle, machine, tractor, trailer, or 
semitrailer propelled or drawn by mechanical power and used upon the 
highways in the transportation of passengers or property, or any 
combination thereof, but does not include any vehicle, locomotive, or 
car operated exclusively on a rail or rails.
    (n) Muffler means a device for abating the sound of escaping gases 
of an internal combustion engine.
    (o) Open site means an area that is essentially free of large sound-
reflecting objects, such as barriers, walls, board fences, signboards, 
parked vehicles, bridges, or buildings.
    (p) Private carrier of property by motor vehicle means any person 
not included in terms ``common carrier by motor vehicle'' or ``contract 
carrier by motor vehicle'', who or which transports in interstate or 
foreign commerce by motor vehicle property of which such person is the 
owner, lessee, or bailee, when such transportation is for sale, lease, 
rent or bailment, or in furtherance of any commercial enterprise.
    (q) Sound level means the quantity in decibles measured by a sound 
level meter satisfying the requirements of American National Standards 
Specification for Sound Level Meters S1.4-1971. This publication is 
available from the American National Standards Institute, Inc., 1430 
Broadway, New York, New York 10018. Sound level is the frequency-
weighted sound pressure level obtained with the standardized dynamic 
characteristic ``fast'' or ``slow'' and weighting A, B, or C; unless 
indicated otherwise, the A-weighting is understood.
[39 FR 38215, Oct. 29, 1974]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.11]

[Page 72]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 202.11  Effective date.

    The provisions of Subpart B shall become effective October 15, 1975, 
except that the provisions of Sec. 202.20(b) and Sec. 202.21(b) of 
Subpart B shall apply to motor vehicles manufactured during or after the 
1986 model year.
[51 FR 852, Jan. 8, 1986]

[[Page 73]]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.12]

[Page 73]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 202.12  Applicability.

    (a) The provisions of Subpart B apply to all motor carriers engaged 
in interstate commerce.
    (b) The provisions of Subpart B apply only to those motor vehicles 
of such motor carriers which have a gross vehicle weight rating or gross 
combination weight rating in excess of 10,000 pounds, and only when such 
motor vehicles are operating under the conditions specified in Subpart 
B.
    (c) Except as provided in paragraphs (d) and (e) of this section, 
the provisions of Subpart B apply to the total sound produced by such 
motor vehicles when operating under such conditions, including the sound 
produced by auxiliary equipment mounted on such motor vehicles.
    (d) The provisions of Subpart B do not apply to auxiliary equipment 
which is normally operated only when the transporting vehicle is 
stationary or is moving at a speed of 5 miles per hour or less. Examples 
of such equipment include, but are not limited to, cranes, asphalt 
spreaders, ditch diggers, liquid or slurry pumps, air compressors, 
welders, and trash compactors.
    (e) The provisions of Subpart B do not apply to warning devices, 
such as horns and sirens; or to emergency equipment and vehicles such as 
fire engines, ambulances, police vans, and rescue vans, when responding 
to emergency calls; or to snow plows when in operation.
    (f) The provisions of Sec. 202.20(a) and Sec. 202.21(a) of Subpart B 
apply only to applicable motor vehicles manufactured prior to the 1986 
model year.
    (g) The provisions of Sec. 202.20(b) and Sec. 202.21(b) apply to all 
applicable motor vehicles manufactured during or after the 1986 model 
year.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.20]

[Page 73]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
        Subpart B--Interstate Motor Carrier Operations Standards
 
Sec. 202.20  Standards for highway operations.


    (a) No motor carrier subject to these regulations shall operate any 
motor vehicle of a type to which this regulation is applicable which at 
any time or under any condition of highway trade, load, acceleration or 
deceleration generates a sound level in excess of 86dB(A) measured on an 
open site with fast meter response at 50 feet from the centerline of 
lane of travel on highways with speed limits of 35 MPH or less; or 90 
dB(A) measured on an open site with fast meter response at 50 feet from 
the centerline of lane of travel on highways with speed limits of more 
than 35 MPH.
    (b) No motor carrier subject to these regulations shall operate any 
motor vehicle of a type to which this regulation is applicable which at 
any time or under any condition of highway grade, load, acceleration or 
deceleration generates a sound level in excess of 83 dB(A) measured on 
an open site with fast meter response at 50 feet from the centerline of 
lane of travel on highways with speed limits of 35 MPH or less; or 87 
dB(A) measured on an open site with fast meter response at 50 feet from 
the centerline of lane of travel on highways with speed limits of more 
than 35 MPH.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.21]

[Page 73-74]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
        Subpart B--Interstate Motor Carrier Operations Standards
 
Sec. 202.21  Standard for operation under stationary test.

    (a) No motor carrier subject to these regulations shall operate any 
motor vehicle of a type to which this regulation is applicable which 
generates a sound level in excess of 88 dB(A) measured on an open site 
with fast meter response at 50 feet from the longitudinal centerline of 
the vehicle, when its engine is accelerated from idle with wide open 
throttle to governed speed with the vehicle stationary, transmission in 
neutral, and clutch engaged. This section shall not apply to any vehicle 
which is not equipped with an engine speed governor.
    (b) No motor carrier subject to these regulations shall operate any 
motor vehicle of a type to which this regulation is applicable which 
generates a sound level in excess of 85 dB(A) measured on an open site 
with fast meter response at 50 feet from the longitudinal centerline of 
the vehicle when its engine is accelerated from idle with wide open

[[Page 74]]

throttle to governed speed with the vehicle stationary, transmission in 
neutral, and clutch engaged. This paragraph shall not apply to any 
vehicle which is not equipped with an engine speed governor.
[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.22]

[Page 74]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
        Subpart B--Interstate Motor Carrier Operations Standards
 
Sec. 202.22  Visual exhaust system inspection.

    No motor carrier subject to these regulations shall operate any 
motor vehicle of a type to which this regulation is applicable unless 
the exhaust system of such vehicle is (a) free from defects which affect 
sound reduction; (b) equipped with a muffler or other noise dissipative 
device; and (c) not equipped with any cut-out, bypass, or similar 
device.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR202.23]

[Page 74]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 202--MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE--Table of Contents
 
        Subpart B--Interstate Motor Carrier Operations Standards
 
Sec. 202.23  Visual tire inspection.

    No motor carrier subject to these regulations shall at any time 
operate any motor vehicle of a type to which this regulation is 
applicable on a tire or tires having a tread pattern which as originally 
manufactured, or as newly retreaded, is composed primarily or cavities 
in the tread (excluding sipes and local chunking) which are not vented 
by grooves to the tire shoulder or circumferentially to each other 
around the tire. This Sec. 202.23 shall not apply to any motor vehicle 
which is demonstrated by the motor carrier which operates it to be in 
compliance with the noise emission standard specified for operations on 
highways with speed limits of more than 35 MPH in Sec. 202.20 of this 
Subpart B, if the demonstration is conducted at the highway speed limit 
in effect at the inspection location, or, if speed is unlimited, the 
demonstration is conducted at a speed of 65 MPH.
[39 FR 38215, Oct. 29, 1974]



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