[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: 49CFR210.33] [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 Paragraph and section Noise source weighted Noise measure \1\ Measurement location sound 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.