[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: 40CFR205.151]

[Page 127-128]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                         Subpart D--Motorcycles
 
Sec. 205.151  Definitions.

    (a) As used in this subpart and in Subpart E, all terms not defined 
herein shall have the meaning given them in the Act or in Subpart A of 
this part.
    (1) Motorcycle means any motor vehicle, other than a tractor, that:
    (i) Has two or three wheels;
    (ii) Has a curb mass less than or equal to 680 kg (1499 lb); and
    (iii) Is capable, with an 80 kg (176 lb) driver, of achieving a 
maximum speed of at least 24 km/h (15 mph) over a level paved surface.
    (2) Street motorcycle means:
    (i) Any motorcycle that:
    (A) With an 80 kg (176 lb) driver, is capable of achieving a maximum 
speed of at least 40 km/h (25 mph) over a level paved surface; and
    (B) Is equipped with features customarily associated with practical 
street or highway use, such features including but not limited to any of 
the following: stoplight, horn, rear view mirror, turn signals: or
    (ii) Any motorcycle that:
    (A) Has an engine displacement less than 50 cubic centimeters;
    (B) Produces no more than two brake horse power;
    (C) With a 80 kg (176 lb) driver, cannot exceed 48 km/h (30 mph) 
over a level paved surface.
    (3) Competition motorcycle means any motorcycle designed and 
marketed solely for use in closed course competition events.
    (4) Off-road motorcycle means any motorcycle that is not a street 
motorcycle or competition motorcycle.
    (5) Acceleration test procedure means the measurement methodologies 
specified in Appendix I.
    (6) Acceptable quality level (AQL) means the maximum allowable 
average percentage of vehicles or exhaust systems that can fail sampling 
inspection under a Selective Enforcement Audit.
    (7) Acoustical Assurance Period (AAP) means a specified period of 
time or miles driven after sale to the ultimate purchaser during which a 
newly manufactured vehicle or exhaust system, properly used and 
maintained, must continue in compliance with the Federal standard.
    (8) Advertised Engine Displacement means the rounded off volumetric 
engine capacity used for marketing purposes by the motorcycle 
manufacturer.
    (9) Category means a group of vehicle configurations which are 
identical in all material aspects with respect to the

[[Page 128]]

parameters listed in Sec. 205.157-2 of this subpart.
    (10) Class means a group of vehicles which are identical in all 
material aspects with respect to the parameters listed in Sec. 205.155 
of this subpart.
    (11) Closed course competition event means any organized competition 
event covering an enclosed, repeated or confined route intended for easy 
viewing of the entire route by all spectators. Such events include short 
track, dirt track, drag race, speedway, hillclimb, ice race, and the 
Bonneville Speed Trials.
    (12) Closing rpm means the engine speed in Figure 2 of Appendix I.
    (13) Configuration means the basic classification unit of a 
manufacturer's product line and is comprised of all vehicle designs, 
models or series which are identical in all material aspects with 
respect to the parameters listed in Sec. 205.157-3 of this subpart.
    (14) Engine displacement means volumetric engine capacity as defined 
in Sec. 205.153.
    (15) Exhaust system means the combination of components which 
provides for the enclosed flow of exhaust gas from the engine exhaust 
port to the atmosphere. ``Exhaust system'' further means any constituent 
components of the combination which conduct exhaust gases and which are 
sold as separate products. ``Exhaust System'' does not mean any of the 
constituent components of the combination, alone, which do not conduct 
exhaust gases, such as brackets and other mounting hardware.
    (16) Failing vehicle means a vehicle whose noise level is in excess 
of the applicable standard.
    (17) Maximum rated RPM means the engine speed measured in 
revolutions per minute (RPM) at which peak net brake power (SAE J-245) 
is developed for motorcycles of a given configuration.
    (18) Model specific code means the designation used for labeling 
purposes in Secs. 205.158 and 205.169 for identifying the motorcycle 
manufacturer, class, and ``advertised engine displacement,'' 
respectively.
    (19) Model year means the manufacturer's annual production period, 
which includes January 1 of any calendar year, or if the manufacturer 
has no annual production period, the term ``model year'' shall mean the 
calendar year.
    (20) Motorcycle noise level means the A-weighted noise level of a 
motorcycle as measured by the acceleration test procedure.
    (21) Noise control system means any vehicle part, component or 
system, the purpose of which includes control or the reduction of noise 
emitted from a vehicle, including all exhaust system components.
    (22) Noise emission standard means the noise levels in Sec. 205.152 
or Sec. 205.166.
    (23) Noise emission test means a test conducted pursuant to a 
measurement methodology specified in this subpart.
    (24) [Reserved]
    (25) Serial number means the identification number assigned by the 
manufacturer to a specific production unit.
    (26) Tampering means the removal or rendering inoperative by any 
person, other than for purposes of maintenance, repair, or replacement, 
of any device or element of design incorporated into any product in 
compliance with regulations under section 6, prior to its sale or 
delivery to the ultimate purchaser or while it is in use; or the use of 
a product after such device or element of design has been removed or 
rendered inoperative by any person.
    (27) Test vehicle means a vehicle in a Selective Enforcement Audit 
test sample.
    (28) Tractor means for the purposes of this subpart, any two or 
three wheeled vehicle used exclusively for agricultural purposes, or for 
snow plowing, including self-propelled machines used exclusively in 
growing, harvesting or handling farm produce.
    (29) Vehicle means any motorcycle regulated pursuant to this 
subpart.
    (30) Warranty means the warranty required by section 6(d)(1) of the 
Act.

[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]