[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: 40CFR201.28]



[Page 81-82]

 

                   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 82]]



    (c) This procedure is set forth to assist the railroad in devising 

its compliance plan, not as a substantive requirement of the regulation.