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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR210]

[Page 58-64]
 
TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 210--RAILROAD NOISE EMISSION COMPLIANCE REGULATIONS

                      Subpart A--General Provisions

Sec.
210.1 Scope of part.
210.3 Applicability.
210.5 Definitions.
210.7 Responsibility for noise defective railroad equipment.
210.9 Movement of a noise defective locomotive, rail car, or consist of 
          a locomotive and rail cars.
210.11 Waivers.
210.13 Penalty.

                    Subpart B--Inspection and Testing

210.21 Scope of subpart.
210.23 Authorization.
210.25 Measurement criteria and procedures.
210.27 New locomotive certification.
210.29 Operation standards (moving locomotives and rail cars).
210.31 Operation standards (stationary locomotives at 30 meters).
210.33 Operation standards (switcher locomotives, load cell test stands, 
          car coupling operations, and retarders).

Appendix A to Part 210--Summary of Noise Standards, 40 CFR Part 201
Appendix B to Part 210--Switcher Locomotive Enforcement Policy

    Authority: Sec. 17, Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4916); 
sec. 1.49(o) of the regulations of the Office of the Secretary of 
Transportation, 49 CFR 1.49(o).

    Source: 48 FR 56758, Dec. 23, 1983, unless otherwise noted.

[[Page 59]]

                      Subpart A--General Provisions

Sec. 210.1  Scope of part.

    This part prescribes minimum compliance regulations for enforcement 
of the Railroad Noise Emission Standards established by the 
Environmental Protection Agency in 40 CFR part 201.

Sec. 210.3  Applicability.

    (a) Except as provided in paragraph (b) of this section, the 
provisions of this part apply to the total sound emitted by moving rail 
cars and locomotives (including the sound produced by refrigeration and 
air conditioning units that are an integral element of such equipment), 
active retarders, switcher locomotives, car coupling operations, and 
load cell test stands, operated by a railroad as defined in 45 U.S.C. 
22, under the conditions described in this part and in 40 CFR part 201.
    (b) The provisions of this part do not apply to--
    (1) Steam locomotives;
    (2) Street, suburban, or interurban electric railways unless 
operated as a part of the general railroad system of transportation;
    (3) Sound emitted by warning devices, such as horns, whistles, or 
bells when operated for the purpose of safety;
    (4) Special purpose equipment that may be located on or operated 
from rail cars;
    (5) As prescribed in 40 CFR 201.10, the provisions of 40 CFR 201.11 
(a) and (b) and (c) do not apply to gas turbinepowered locomotives or 
any locomotive type that cannot be connected by any standard method to a 
load cell; or
    (6) Inert retarders.

[48 FR 56758, Dec. 23, 1983, as amended at 54 FR 33228, Aug. 14, 1989]

Sec. 210.5  Definitions.

    (a) Statutory definitions. All terms used in this part and defined 
in the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.) have the 
definition set forth in that Act.
    (b) Definitions in standards. All terms used in this part and 
defined in Sec. 201.1 of the Railroad Noise Emission Standards, 40 CFR 
201.1, have the definition set forth in that section.
    (c) Additional definitions. As used in this part--
    Administrator means the Federal Railroad Administrator, the Deputy 
Administrator, or any official of FRA to whom the Administrator has 
delegated authority to act in the Administrator's stead.
    Consist of a locomotive and rail cars means one or more locomotives 
coupled to a rail car or rail cars.
    FRA means the Federal Railroad Administration.
    Inert retarder means a device or system for holding a classified cut 
of cars and preventing it from rolling out the bottom of a railyard.
    Inspector means FRA inspectors or FRA specialists.
    Noise defective means the condition in which railroad equipment is 
found to exceed the Railroad Noise Emission Standards, 40 CFR part 201.
    Railroad equipment means rail cars, locomotives, active retarders, 
and load cell test stands.
    Standards means the Railroad Noise Emission Standards, 40 CFR part 
201. (See appendix A in this part for a listing.)

Sec. 210.7  Responsibility for noise defective railroad equipment.

    Any railroad that uses railroad equipment that is noise defective or 
engages in a car coupling operating that results in excessive noise 
according to the criteria established in this part and in the Standards 
is responsible for compliance with this part. Subject to Sec. 210.9, 
such railroad shall--
    (a) Correct the noise defect;
    (b) Remove the noise defective railroad equipment from service; or
    (c) Modify the car coupling procedure to bring it within the 
prescribed noise limits.

Sec. 210.9  Movement of a noise defective locomotive, rail car, or 
          consist of a locomotive and rail cars.

    A locomotive, rail car, or consist of a locomotive and rail cars 
that is noise defective may be moved no farther than the nearest forward 
facility where the noise defective conditions can be eliminated only 
after the locomotive,

[[Page 60]]

rail car, or consist of a locomotive and rail cars has been inspected 
and been determined to be safe to move.

Sec. 210.11  Waivers.

    (a) Any person may petition the Administrator for a waiver of 
compliance with any requirement in this part. A waiver of compliance 
with any requirement prescribed in the Standards may not be granted 
under this provision.
    (b) Each petition for a waiver under this section must be filed in 
the manner and contain information required by 49 CFR part 211.
    (c) If the Administrator finds that a waiver of compliance applied 
for under paragraph (a) of this section is in the public interest and is 
consistent with railroad noise abatement and safety, the Administrator 
may grant a waiver subject to any condition he deems necessary. Notice 
of each waiver granted, including a statement of the reasons therefor, 
will be published in the Federal Register.

Sec. 210.13  Penalty.

    Any person who operates railroad equipment subject to the Standards 
in violation of any requirement of this part or of the Standards is 
liable to penalty as prescribed in section 11 of the Noise Control Act 
of 1972 (42 U.S.C. 4910), as amended.

                    Subpart B--Inspection and Testing

Sec. 210.21  Scope of subpart.

    This subpart prescribes the compliance criteria concerning the 
requirements for inspection and testing of railroad equipment or 
operations covered by the Standards.

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.

Sec. 210.25  Measurement criteria and procedures.

    The parameters and procedures for the measurement of the noise 
emission levels are prescribed in the Standards.
    (a) Quantities measured are defined in Sec. 201.21 of the Standards.
    (b) Requirements for measurement instrumentation are prescribed in 
Sec. 201.22 of the Standards. In addition, the following calibration 
procedures shall be used:
    (1)(i) The sound level measurement system including the microphone 
shall be calibrated and appropriately adjusted at one or more nominal 
frequencies in the range from 250 through 1000 Hz at the beginning of 
each series of measurements, at intervals not exceeding 1 (one) hour 
during continual use, and immediately following a measurement indicating 
a violation.
    (ii) The sound level measurement system shall be checked not less 
than once each year by its manufacturer, a representative of its 
manufacturer, or a person of equivalent special competence to verify 
that its accuracy meets the manufacturer's design criteria.
    (2) An acoustical calibrator of the microphone coupler type designed 
for the sound level measurement system in use shall be used to calibrate 
the sound level measurement system in accordance with paragraph 
(b)(1)(i) of this section. The calibration must meet or exceed the 
accuracy requirements specified in section 5.4.1 of the American 
National Standard Institute Standards, ``Method for Measurement of Sound 
Pressure Levels,'' (ANSI S1.13-1971) for field method measurements.
    (c) Acoustical environment, weather conditions, and background noise 
requirements are prescribed in Sec. 201.23 of the Standards. In 
addition, a measurement tolerance of 2 dB(A) for a given measurement 
will be allowed to take into account the effects of the factors listed 
below and the interpretations of these effects by enforcement personnel:
    (1) The common practice of reporting field sound level measurements 
to the nearest whole decibel;
    (2) Variations resulting from commercial instrument tolerances;
    (3) Variations resulting from the topography of the noise 
measurement site;
    (4) Variations resulting from atmospheric conditions such as wind, 
ambient temperature, and atmospheric pressure; and
    (5) Variations resulting from reflected sound from small objects 
allowed within the test site.

Sec. 210.27  New locomotive certification.

    (a) A railroad shall not operate a locomotive built after December 
31, 1979, unless the locomotive has been certified to be in compliance 
with the Standards.
    (b) The certification prescribed in this section shall be determined 
for each locomotive model, by either--
    (1) Load cell testing in accordance with the criteria prescribed in 
the Standards; or
    (2) Passby testing in accordance with the criteria prescribed in the 
Standards.
    (c) If passby testing is used under paragraph (b)(2) of this 
section, it shall be conducted with the locomotive operating at maximum 
rated horsepower output.
    (d) Each new locomotive certified under this section shall be 
identified by a permanent badge or tag attached in the cab of the 
locomotive near the location of the inspection Form F 6180.49. The badge 
or tag shall state:
    (1) Whether a load cell or passby test was used;
    (2) The date and location of the test; and
    (3) The A-weighted sound level reading in decibels obtained during 
the passby test, or the readings obtained at idle throttle setting and 
maximum throttle setting during a load cell test.

Sec. 210.29  Operation standards (moving locomotives and rail cars).

    The operation standards for the noise emission levels of moving 
locomotives, rail cars, or consists of locomotives

[[Page 62]]

and rail cars are prescribed in the Standards and duplicated in appendix 
A of this part.
    (a) Measurements for compliance shall be made in compliance with the 
provisions of subpart C of the Standards and the following:
    (1) Consists of locomotives containing at least one locomotive unit 
manufactured prior to December 31, 1979, shall be evaluated for 
compliance in accordance with Sec. 201.12(a) of the Standards, unless a 
locomotive within the consist is separated by at least 10 rail car 
lengths or 500 feet from other locomotives in the consist, in which case 
such separated locomotives may be evaluated for compliance according to 
their respective built dates.
    (2) Consists of locomotives composed entirely of locomotive units 
manufactured after December 31, 1979, shall be evaluated for compliance 
in accordance with Sec. 201.12(b) of the Standards.
    (3) If the inspector cannot establish the built dates of all 
locomotives in a consist of locomotives measured under moving 
conditions, evaluation for compliance shall be made in accordance with 
Sec. 201.12(a) of the Standards.
    (b) Noise emission standards for rail cars operating under moving 
conditions are contained in Sec. 201.13 of the Standards and are stated 
in appendix A of this part. If speed measurement equipment used by the 
inspector at the time of the measurement is not operating within an 
accuracy of 5 miles per hour, evaluation for compliance shall be made in 
accordance with Sec. 201.13(2) of the Standards.
    (c) Locomotives and rail cars tested pursuant to the procedures 
prescribed in this part and in the Standards 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.

Sec. 210.31  Operation standards (stationary locomotives at 30 meters).

    (a) For stationary locomotives at load cells:
    (1) Each noise emission test shall begin after the engine of the 
locomotive has attained the normal cooling water operating temperature 
as prescribed by the locomotive manufacturer.
    (2) Noise emission testing in idle or maximum throttle setting shall 
start after a 40 second stabilization period in the throttle setting 
selected for the test.
    (3) After the stabilization period as prescribed in paragraph (a)(2) 
of this section, the A-weighted sound level reading in decibels shall be 
observed for an additional 30-second period in the throttle setting 
selected for the test.
    (4) The maximum A-weighted sound level reading in decibels that is 
observed during the 30-second period of time prescribed in paragraph 
(a)(3) of this section shall be used for test measurement purposes.
    (b) The following data determined by any locomotive noise emission 
test conducted after December 31, 1976, shall be recorded in the 
``Remarks'' section on the reverse side of Form F 6180.49:
    (1) Location of test;
    (2) Type of test;
    (3) Date of test; and
    (4) The A-weighted sound level reading in decibels obtained during 
the passby test, or the readings obtained at idle throttle setting and 
maximum throttle setting during a load cell test.
    (c) Any locomotive subject to this part that is found not to be in 
compliance with the Standards as a result of a passby test shall be 
subjected to a load cell test or another passby test prior to return to 
service, except that no such retest shall be required if the cause of 
the noise defect is readily apparent and is corrected by the replacement 
of defective components or by a normal maintenance or repair procedure.
    (d) The last entry recorded on Form F 6180.49 as required in 
paragraph (b) of this section shall be transcribed to a new Form FRA F 
6180.49 when it is posted in the locomotive cab.
    (e) Locomotives tested pursuant to the procedures prescribed in this 
part and in the Standards shall be considered in noncompliance wherever 
the test measurement, minus the appropriate tolerance (Sec. 210.25), 
exceeds the noise emission levels precribed in appendix A of this part.

[[Page 63]]

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  L<INF>max</INF> (slow)............  30 m (100 ft)
                              Throttle Setting.
201.11(a)..................  Stationary, All Other           93  ......do...............   Do.
                              Throttle Settings.
201.12(a)..................  Moving................          96  L<INF>max</INF> (fast)............   Do.

                                 All Locomotives
                              Manufactured After 31
                                  December 1979

201.11(b)..................  Stationary, Idle                70  L<INF>max</INF> (slow)............   Do.
                              Throttle Setting.
201.11(b)..................  Stationary, All Other           87  ......do...............   Do.
                              Throttle Settings.
201.12(b)..................  Moving................          90  L<INF>max</INF> (fast)............   Do.
201.11(c) and 201.12(c)....  Additional Requirement          65  L<INF>90</INF> (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  L<INF>max</INF> (slow)............  30 m (100 ft)
                              Throttle Setting.
201.11(c)..................  Stationary, All Other           87  ......do...............   Do.
                              Throttle Settings.
201.12(c)..................  Moving................          90  L<INF>max</INF> (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  L<INF>adjavemax</INF> (fast)......  Receiving property
201.15.....................  Car-Coupling                    92  ......do...............   Do.
                              Operations.
201.16.....................  Locomotive Load Cell            65  L<INF>90</INF> (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  L<INF>max</INF> (slow)............  30 m (100 ft).
201.16(b)..................  Secondary Standard if           65  L<INF>90</INF> (fast).............  Receiving property
                              30-m Measurement Not                                         located more than 120
                              Feasible.                                                    m from Load Cell.
----------------------------------------------------------------------------------------------------------------
\1\ L<INF>max</INF>=Maximum sound level; L<INF>90</INF>=Statistical sound level exceeded 90% of the time; L<INF>adjavemax</INF>=Adjusted average
  maximum sound level.
\2\ L<INF>90</INF> must be validated by determining that L<INF>10</INF>-L<INF>99</INF> 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.