[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR201.27]



[Page 80-81]

 

                   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 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 L90 

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 

L90 is to be ``validated'' by comparing the measured 

L10 and L99 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 (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., L99, L90, and 

L10, respectively. The value of L90 is considered 

a valid measure of the A-weighted sound level for the standards in Sec.  

201.16 only if the difference between L10 and L99 

has a value of 4 dB or less. If a measured value of L90 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 L90. If L90 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 L90 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 

L90 is validated and is in excess of one or more of the 

source standards. The following procedures must be



[[Page 81]]



used to determine the compliance of the various source types when 

L90 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 L90 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 

Sec. Sec.  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 L90 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 L90 

minus 3 dB is the value of the A-weighted sound level to be used in 

determining applicability of the standards in Sec. Sec.  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 

L90 must be made in accordance with paragraph (b) of this 

section. If this additional measure of L90 is validated and 

differs from the initial measure of L90 by an absolute value 

of 10 dB or more, then the higher value of L90 is the value 

of the A-weighted sound level to be used in 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 L90 is 

less than 5 dB greater than any L90 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 

L90 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]