[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR201.28]

[Page 79-80]
 
                   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.

[[Page 80]]

    (c) This procedure is set forth to assist the railroad in devising 
its compliance plan, not as a substantive requirement of the regulation.