[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR210.33]

[Page 63-64]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 210--RAILROAD NOISE EMISSION COMPLIANCE REGULATIONS--Table of Contents
 
                    Subpart B--Inspection and Testing
 
Sec. 210.33  Operation standards (switcher locomotives, load cell test stands, car coupling operations, and retarders).

    (a) Measurement on receiving property of the noise emission levels 
from switcher locomotives, load cell test stands, car coupling 
operations, and retarders shall be performed in accordance with the 
requirements of 40 CFR part 201 and Sec. 210.25 of this part.
    (b) These sources shall be considered in noncompliance whenever the 
test measurement, minus the appropriate tolerance (Sec. 210.25), exceeds 
the noise emission levels prescribed in appendix A of this part.

   Appendix A to Part 210--Summary of Noise Standards, 40 CFR Part 201

----------------------------------------------------------------------------------------------------------------
                                                        Noise
                                                     standard--
                                                     A weighted
   Paragraph and section          Noise source          sound       Noise measure \1\      Measurement location
                                                      level in
                                                         dB
----------------------------------------------------------------------------------------------------------------
                                 All Locomotives
                                Manufactured on or
                                Before 31 December
                                       1979

201.11(a)..................  Stationary, Idle                73  Lmax (slow)............  30 m (100 ft)
                              Throttle Setting.
201.11(a)..................  Stationary, All Other           93  ......do...............   Do.
                              Throttle Settings.
201.12(a)..................  Moving................          96  Lmax (fast)............   Do.

                                 All Locomotives
                              Manufactured After 31
                                  December 1979

201.11(b)..................  Stationary, Idle                70  Lmax (slow)............   Do.
                              Throttle Setting.
201.11(b)..................  Stationary, All Other           87  ......do...............   Do.
                              Throttle Settings.
201.12(b)..................  Moving................          90  Lmax (fast)............   Do.
201.11(c) and 201.12(c)....  Additional Requirement          65  L90 (fast) \2\.........  Receiving property
                              for Switcher
                              Locomotives
                              Manufactured on or
                              Before 31 December
                              1979 Operating in
                              Yards Where
                              Stationary Switcher
                              and other Locomotive
                              Noise Exceeds the
                              Receiving Property
                              Limit of.
201.11(c)..................  Stationary, Idle                70  Lmax (slow)............  30 m (100 ft)
                              Throttle Setting.
201.11(c)..................  Stationary, All Other           87  ......do...............   Do.
                              Throttle Settings.
201.12(c)..................  Moving................          90  Lmax (fast)............   Do.

                                    Rail Cars

201.13(1)..................  Moving at Speeds of 45          88  ......do...............   Do.
                              mph or Less.
201.13(2)..................  Moving at Speeds                93  ......do...............   Do.
                              Greater than 45 mph.

                              Other Yard Equipment
                                  and Facilities

201.14.....................  Retarders.............          83  Ladjavemax (fast)......  Receiving property
201.15.....................  Car-Coupling                    92  ......do...............   Do.
                              Operations.
201.16.....................  Locomotive Load Cell            65  L90 (fast) \2\.........   Do.
                              Test Stands, Where
                              the Noise from
                              Locomotive Load Cell
                              Operations Exceeds
                              the Receiving
                              Property Limits of.
201.16(a)..................  Primary Standard......          78  Lmax (slow)............  30 m (100 ft).
201.16(b)..................  Secondary Standard if           65  L90 (fast).............  Receiving property
                              30-m Measurement Not                                         located more than 120
                              Feasible.                                                    m from Load Cell.
----------------------------------------------------------------------------------------------------------------
\1\ Lmax=Maximum sound level; L90=Statistical sound level exceeded 90% of the time; Ladjavemax=Adjusted average
  maximum sound level.
\2\ L90 must be validated by determining that L10-L99 is less than or equal to 4dB (A).


[48 FR 56758, Dec. 23, 1983; 49 FR 1521, Jan. 12, 1984]

     Appendix B to Part 210--Switcher Locomotive Enforcement Policy

    The EPA standards require that the noise emissions from all switcher 
locomotives in a particular facility be less than prescribed levels 
measured at 30 meters, under all operating modes. This requirement is 
deemed to be met unless ``receiving property'' noise due to switcher 
locomotives exceeds 65 dB(A), when measured in accordance with subpart C 
of 40 CFR part 201. The 65 dB(A) receiving property standard is the 
``trigger'' for requiring the 30-meter test of switcher locomotives.

[[Page 64]]

    The purpose underlying FRA's enforcement of the noise standards is 
to reduce the impact of rail operations noise on receiving properties. 
In some instances, measures other than the 30-meter test approach may 
more effectively reduce the noise levels at receiving properties; 
therefore, FRA enforcement efforts will focus on abatement procedures 
that will achieve a reduction of receiving property noise levels to less 
than 65 dB(A).
    For example, a parked, idling locomotive, even if equipped with 
exhaust silencing that meets the stationary locomotive standard (30-
meter test), may cause the receiving property standard to be exceeded if 
located on trackage adjacent to the receiving property. In that case, 
application of the 30-meter test to other switcher locomotives at the 
facility may not serve to reduce the receiving property noise level. On 
the other hand, operational changes by the railroad could significantly 
reduce receiving property noise levels. In such case, FRA would consider 
retesting after abatement measures have been taken. If the receiving 
property noise level is below the trigger and the abatement action is 
adopted, FRA would not make a 30-meter test of the switcher locomotives 
at the facility.