[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR210.23]



[Page 60-61]

 

                        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.  210.23  Authorization.



    (a) An inspector is authorized to perform any noise test prescribed 

in the Standards and in the procedures of this part at any time, at any 

appropriate location, and without prior notice to the railroad, for the 

purpose of determining whether railroad equipment is in compliance with 

the Standards.

    (b)(1) An inspector is authorized to request that railroad equipment 

and appropriate railroad personnel be made available for a passby or 

stationary noise emission test, as prescribed in the Standards and in 

the procedures of this part, and to conduct such test, at a reasonable 

time and location, for the purpose of determining whether the railroad 

equipment is in compliance with the Standards.

    (2) If the railroad has the capability to perform an appropriate 

noise emission test, as prescribed in the Standards and in the 

procedures of this part, an inspector is authorized to request that the 

railroad test railroad equipment. The railroad shall perform the 

appropriate test as soon as practicable.

    (3) The request referred to in this paragraph will be in writing, 

will state the grounds upon which the inspector has reason to believe 

that the railroad equipment does not conform to the Standards, and will 

be presented to an appropriate operating official of the railroad.

    (4) Testing or submission for testing is not required if the cause 

of the noise defect is readily apparent and the inspector verifies that 

it is corrected by the replacement of defective components or by 

instituting a normal maintenance or repair procedure.

    (c)(1) An inspector is authorized to inspect or examine a 

locomotive, rail car, or consist of a locomotive and rail cars operated 

by a railroad, or to request that the railroad inspect or examine the 

locomotive, rail car, or consist of a locomotive and rail cars, whenever 

the inspector has reason to believe that it does not conform to the 

requirements of the Standards.

    (2) An inspector may request that a railroad conduct an inspection 

or examination of a locomotive, rail car, or consist of a locomotive and 

rail cars on the basis of an excessive noise emission level measured by 

a passby test. If, after such inspection or examination, no mechanical 

condition that would result in a noise defect can be found and the 

inspector verifies that no such mechanical condition exists, the 

locomotive, rail car, or consist of a locomotive and rail cars may be 

continued in service.

    (3) The requests referred to in this paragraph will be in writing, 

will state the grounds upon which the inspector has reason to believe 

that the locomotive, rail car, or consist of a locomotive and rail cars 

does not conform



[[Page 61]]



to the Standards, and will be presented to an appropriate operating 

official of the railroad.

    (4) The inspection or examination referred to in this paragraph may 

be conducted only at recognized inspection points or scheduled stopping 

points.