[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.1]
[Page 94]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.1 General applicability.
The provisions of this subpart are applicable to all products for
which regulations have been published under this part and which are
manufactured after the effective date of such regulations.
[[Page 95]]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.2]
[Page 95-96]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.2 Definitions.
(a) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act.
(1) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86
Stat. 1234).
(2) Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
(3) Agency means the United States Environmental Protection Agency.
(4) Export exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (4) of the Act, granted by statute
under section 10(b)(2) of the Act for the purpose of exporting regulated
products.
(5) National security exemption means an exemption from the
prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which
may be granted under section 10(b)(1) of the Act for the purpose of
national security.
(6) [Reserved]
(7) Sound Level means 20 times the logarithm to base 10 of the ratio
of pressure of a sound to the reference pressure. The reference pressure
is 20 micropascals (20 micronewtons per square meter). NOTE: Unless
otherwise explicitly stated, it is to be understood that the sound
pressure is the effective (rms) sound pressure, per American National
Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
(8) Sound Pressure Level means in decibels, 20 times the logarithm
to the base 10 of the ratio of a sound pressure to the reference sound
pressure of 20 micropascals (20 micronewtons per square meter). In the
absence of any modifier, the level is understood to be that of a root-
mean-square pressure. The unit of any sound level is the decibel, having
the unit symbol dB.
(9) dB(A) means the standard abbreviation for A-weighted sound
levels in decibels.
(10) Highway means the streets, roads, and public ways in any State.
(11) Fast Meter Response means that the fast dynamic response of the
sound level meter shall be used. The fast dynamic response shall comply
with the meter dynamic characteristics in paragraph 5.3 of the American
National Standard Specification for Sound Level Meters, ANSI SI.4-1971.
This publication is available from the American National Standards
Institute, Inc., 1430 Broadway, New York, New York 10018.
(12) Person means an individual, corporation, partnership, or
association, and except as provided in sections 11(e) and 12(a) of the
Act includes any officer, employee, department, agency or
instrumentality of the United States, a State or any political
subdivision of a State.
(13) Reasonable assistance means providing timely and unobstructed
access to test products or products and records required by this part,
and opportunity for copying such records or testing such test products.
(14) Ultimate purchaser means the first person who in good faith
purchases a product for purposes other than resale.
(15) New product means (i) a product the equitable or legal title of
which has never been transferred to an ultimate purchaser, or (ii) a
product which is imported or offered for importation into the United
States and which is manufactured after the effective date of a
regulation under section 6 or 8 which would have been applicable to such
product had it been manufactured in the United States.
(16) Manufacturer means any person engaged in the manufacturing or
assembling of new products, or the importing of new products for resale,
or who acts for and is controlled by any such person in connection with
the distribution of such products.
(17) Commerce means trade, traffic, commerce, or transportation:
(i) Between a place in a State and any place outside thereof, or
(ii) Which affects trade, traffic, commerce, or transportation
described in paragraph (a)(17)(i) of this section.
(18) Distribute in commerce means sell in, offer for sale in, or
introduce or deliver for introduction into, commerce.
(19) State includes the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust
Territory of the Pacific Islands.
(20) Federal Agency means an executive agency (as defined in section
105 of title 5, United States Code) and includes the United States
Postal Service.
[[Page 96]]
(21) Environmental noise means the intensity, duration, and the
character of sounds from all sources.
(22) Warranty means the warranty required by section 6(c)(1) of the
Act.
(23) Tampering means those acts prohibited by section 10(a)(2) of
the Act.
(24) Maintenance instructions or instructions means those
instructions for maintenance, use, and repair, which the Administrator
is authorized to require pursuant to section 6(c)(1) of the Act.
(25) Type I Sound Level Meter means a sound level meter which meets
the Type I requirements of ANSI SI.4-1972 specification for sound level
meters. This publication is available from the American National
Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
(26) Testing exemption means an exemption from the prohibitions of
section 10(a) (1), (2), (3), and (5) of the Act, which may be granted
under section 10(b)(1) of the Act for the purpose of research,
investigations, studies, demonstrations, or training, but not including
national security.
(27) Product means any transportation equipment for which
regulations have been promulgated under this part and includes ``test
product.''
(28) Test product means any product that is required to be tested
pursuant to this part.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61457, Dec. 5, 1977]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.3]
[Page 96]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.3 Number and gender.
As used in this part, words in the singular shall be deemed to
import the plural, and words in the masculine gender shall be deemed to
import the feminine and vice versa, as the case may require.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.4]
[Page 96-97]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.4 Inspection and monitoring.
(a) Any inspection or monitoring activities conducted under this
section shall be for the purpose of determining (1) whether test
products are being selected and prepared for testing in accordance with
the provisions of these regulations, (2) whether test product testing is
being conducted in accordance with these regulations, and (3) whether
products being produced for distribution into commerce comply with these
regulations.
(b) The Director, Noise Enforcement Division, may request that a
manufacturer subject to this part admit an EPA Enforcement Officer
during operating hours to any of the following:
(1) Any facility or site where any product to be distributed into
commerce is manufactured, assembled, or stored;
(2) Any facility or site where any tests conducted pursuant to this
part or any procedures or activities connected with such tests are or
were performed; and
(3) Any facility or site where any test product is present.
(c)(1) An EPA Enforcement Officer, once admitted to a facility or
site, will not be authorized to do more than:
(i) To inspect and monitor test product manufacture and assembly,
selection, storage, preconditioning, noise emission testing, and
maintenance, and to verify correlation or calibration of test equipment;
(ii) To inspect products prior to their distribution in commerce:
(iii) To inspect and photograph any part or aspect of any such
product and any component used in the assembly thereof that are
reasonably related to the purpose of his entry.
(iv) [Reserved]
(v) To obtain from those in charge of the facility or site such
reasonable assistance as he may request to enable him to carry out any
proper function listed in this section.
(2) [Reserved]
(3) The provisions of this section apply whether the facility or
site is owned or controlled by the manufacturer or by one who acts for
the manufacturer.
(d) For purposes of this section:
(1) An ``EPA Enforcement Officer'' is an employee of the EPA Office
of Enforcement who displays upon arrival at a facility or site the
credentials identifying him as such an employee and a letter signed by
the Director, Noise Enforcement Division designating him to make the
inspection.
(2) Where test product storage areas or facilities are concerned,
``operating hours'' shall mean all times during which personnel other
than custodial
[[Page 97]]
personnel are at work in the vicinity of the area or facility and have
access to it.
(3) Where facilities or areas other than those covered by paragraph
(d)(2) of this section are concerned, ``operating hours'' shall mean all
times during which product manufacture or assembly is in operation or
all times during which product testing and maintenance is taking place
and/or production or compilation of records is taking place, or any
other procedure or activity related to selective enforcement audit
testing or product manufacture or assembly being carried out in a
facility.
(e) The manufacturer shall admit to a facility or site an EPA
Enforcement Officer who presents a warrant authorizing entry. In the
absence of such warrant, entry to any facility or site under this
section will be only upon the consent of the manufacturer.
(1) It is not a violation of this regulation or the Act for any
person to refuse entry without a warrant.
(2) The Administrator or his designee may proceed ex parte to obtain
a warrant whether or not the manufacturer has refused entry.
[41 FR 15544, Apr. 13, 1976, as amended at 43 FR 27990, June 28, 1978;
47 FR 57713, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.5]
[Page 97]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.5 Exemptions.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.5-1]
[Page 97]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.5-1 Testing exemption.
(a) A new product intended to be used solely for research,
investigations, studies, demonstrations or training, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of section 10(a)(1), (2), (3), and (5)
of the Act.
(b) No request for a testing exemption is required.
(c) For purposes of section 11(d) of the Act, any testing exemption
shall be void ab initio with respect to each new product, originally
intended for research, investigations, studies, demonstrations, or
training, but distributed in commerce for other uses.
[47 FR 57713, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.5-2]
[Page 97]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.5-2 National security exemptions.
(a) A new product which is produced to conform with specifications
developed by a national security agency, and so labeled or marked on the
outside of the container and on the product itself, shall be exempt from
the prohibitions of section 10(a)(1), (2), (3), and (5) of the Act.
(b) No request for a national security exemption is required.
(c) For purposes of section 11(d) of the Act, any national security
exemption shall be void ab initio with respect to each new product,
originally intended to be produced to conform with specifications
developed by a national security agency, but distributed in commerce for
other uses.
(d) Any manufacturer or person subject to the liabilities of section
11(a) with respect to any product originally intended for a national
security agency, but distributed in commerce for use in any State, may
be excluded from the application of section 11(a) with respect to such
product based upon a showing that such manufacturer:
(1) Had no knowledge of such product being distributed in commerce
for use in any state; and
(2) Made reasonable effort to ensure that such products would not be
distributed in commerce for use in any State. Such reasonable efforts
would include investigation, prior dealings, contract provisions, etc.
[47 FR 57714, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.5-3]
[Page 97-98]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart A--General Provisions
Sec. 205.5-3 Export exemptions.
(a) A new product intended solely for export, and so labeled or
marked on the outside of the container and on the product itself, shall
be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4)
of the Act.
(b) No request for an export exemption is required.
(c) For purposes of section 11(d) of the Noise Control Act, the
Administrator may consider any export exemption under section 10(b)(2)
as void ab initio with respect to each new product intended solely for
export which is distributed in commerce for use in any State.
(d) In deciding whether to institute proceedings against a
manufacturer pursuant to section 11(d)(1) of the Act with respect to any
product originally
[[Page 98]]
intended solely for export but distributed in commerce for use in any
state, the Administrator will consider:
(1) Whether the manufacturer had knowledge that such product would
be distributed in commerce for use in any state; and
(2) Whether the manufacturer made reasonable efforts to ensure that
such product would not be distributed in commerce for use in any state.
Such reasonable efforts would include consideration of prior dealings
with any person which resulted in introduction into commerce of a
product manufactured for export only, investigation of prior instances
known to the manufacturer of introduction into commerce of a product
manufactured for export only, and contract provisions which minimize the
probability of introduction into commerce of a product manufactured for
export only.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61457, Dec. 5, 1977.
Redesignated at 47 FR 57714, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.50]
[Page 98]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.50 Applicability.
(a) Except as otherwise provided for in these regulations the
provisions of this subpart apply to any vehicle which has a gross
vehicle weight rating (GVWR) in excess of 10,000 pounds, which is
capable of transportation of property on a highway or street and which
meets the definition of the term ``new product'' in the Act.
(b) The provisions of the subpart do not apply to highway, city, and
school buses or to special purpose equipment which may be located on or
operated from vehicles. Tests performed on vehicles containing such
equipment may be carried out with the special purpose equipment in
nonoperating condition. For purposes of this regulation special purpose
equipment includes, but is not limited to, construction equipment, snow
plows, garbage compactors and refrigeration equipment.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.51]
[Page 98-99]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.51 Definitions.
(a) As used in this subpart, all terms not defined herein shall have
the meaning given them in the Act or in other subparts of this part.
(1) Acceptable Quality Level means the maximum percentage of failing
vehicles that for purposes of sampling inspection, can be considered
satisfactory as a process average.
(2) Acceptance of a batch means that the number of noncomplying
vehicles in the batch sample is less than or equal to the acceptance
number as determined by the appropriate sampling plan.
(3) Batch means the collection of vehicles of the same category,
configuration or subgroup thereof as designated by the Administrator in
a test request, from which a batch sample is to be drawn, and inspected
to determine conformance with the acceptability criteria.
(4) Batch size means the number as designated by the Administrator
in the test request of vehicles of the same category or configuration in
a batch.
(5) Batch sample means the collection of vehicles of the same
category, configuration or subgroup thereof which are drawn from a batch
and from which test samples are drawn.
(6) Batch sample size means the number of vehicles of the same
category or configuration in a batch sample.
(7) Cab over axle or cab over engine means the cab which contains
the operator/passenger compartment is directly above the engine and
front axle and the entire cab can be tilted forward to permit access to
the engine compartment.
(8) Category means a group of vehicle configurations which are
identical in all material aspects with respect to the parameters listed
in Sec. 205.55-2.
(9) Configuration means the basic classification unit of a
manufacturer's product line and is comprised of all vehicle designs,
models or series which are identical in material aspects with respect to
the parameters listed in Sec. 205.55-3.
(10) Acceptance of a Batch sequence means that the number of
rejected batches in the sequence is less than or equal to the acceptance
number as determined by the appropriate sampling plan.
(11) Rejection of a Batch sequence means that the number of rejected
batches in a sequence is equal to or
[[Page 99]]
greater than the rejection number as determined by the appropriate
sampling plan.
(12) Capable of Transportation of Property on a street or highway
means that the vehicle:
(i) Is self propelled and is capable of transporting any material or
fixed apparatus, or is capable of drawing a trailer or semi-trailer;
(ii) Is capable of maintaining a cruising speed of at least 25 mph
over level, paved surface;
(iii) Is equipped or can readily be equipped with features
customarily associated with practical street or highway use, such
features including but not being limited to: A reverse gear and a
differential, fifth wheel, cargo platform or cargo enclosure, and
(iv) Does not exhibit features which render its use on a street or
highway impractical, or highly unlikely, such features including, but
not being limited to, tracked road means, an inordinate size or features
ordinarily associated with combat or tactical vehicles.
(13) Exhaust System means the system comprised of a combination of
components which provides for enclosed flow of exhaust gas from engine
exhaust port to the atmosphere.
(14) Gross Combination Weight Rating (GCWR) means the value
specified by the manufacturer as the loaded weight of a combination
vehicle.
(15) Gross Vehicle Weight Rating (GVWR) means the value specified by
the manufacturer as the loaded weight of a single vehicle.
(16) Inspection Criteria means the rejection and acceptance numbers
associated with a particular sampling plan.
(17) Model year means the manufacturer's annual production period
which includes January 1 of such calendar year: Provided, that if the
manufacturer has no annual production period, the term ``model year''
shall mean the calendar year.
(18) Noise Control System includes any vehicle part, component or
system the primary purpose of which is to control or cause the reduction
of noise emitted from a vehicle.
(19) Noise emission test means a test conducted pursuant to the
measurement methodology specified in this subpart.
(20) [Reserved]
(21) Rejection of a batch means the number of noncomplying vehicles
in the batch sample is greater than or equal to the rejection number as
determined by the appropriate sampling plan.
(22) Shift means the regular production work period for one group of
workers.
(23) Test sample means the collection of vehicles from the same
category, configuration or subgroup thereof which is drawn from the
batch sample and which will receive noise emissions tests.
(24) Failing vehicle means that the measured emissions of the
vehicle, when measured in accordance with the applicable procedure,
exceeds the applicable standard.
(25) Acceptance of a vehicle means that the measured emissions of
the vehicle when measured in accordance with the applicable procedure,
conforms to the applicable standard.
(26) Tampering means those acts prohibited by section 10(a)(2) of
the Act.
(27) Test sample size means the number of vehicles of the same
category or configuration in a test sample.
(28) Test vehicle means a vehicle selected and used to demonstrate
compliance with the applicable noise emission standards.
(29) Vehicle means any motor vehicle, machine or tractor, which is
propelled by mechanical power and capable of transportation of property
on a street or highway and which has a gross vehicle weight rating in
excess of 10,000 pounds and a partially or fully enclosed operator's
compartment.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, 61458, Dec. 5,
1977; 47 FR 57714, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.52]
[Page 99-100]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.52 Vehicle noise emission standards.
(a) Low Speed Noise Emission Standard.
Vehicles which are manufactured after the following effective dates
shall be designed, built and equipped so that they will not produce
sound emissions in excess of the levels indicated.
------------------------------------------------------------------------
Effective date Level
------------------------------------------------------------------------
(i) January 1, 1979........................................ 83 dBA.
[[Page 100]]
(ii) January 1, 1988....................................... 80 dBA.
------------------------------------------------------------------------
(b) The standards set forth in paragraph (a) of this section refer
to the sound emissions as measured in accordance with the procedures
prescribed in Sec. 205.54-1,2.
(c) Every manufacturer of a new motor vehicle subject to the
standards prescribed in this paragraph shall, prior to taking any of the
actions specified in section 10(a)(1) of the Act, comply with the other
provisions of this subpart or Subpart A, as applicable.
(d) In-Use Standard. [Reserved]
(e) Low Noise Emission Product. [Reserved]
(Sec. 6, Pub. L. 92-574, 86 Stat. 1237 (42 U.S.C. 4905, 4906))
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, Dec. 5, 1977; 51
FR 852, Jan. 8, 1986]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.54]
[Page 100]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.54 Test procedures.
The procedures described in this and subsequent sections will be the
test program to determine the conformity of vehicles with the standards
set forth in Sec. 205.52 for the purposes of Selective Enforcement
Auditing and Testing by the Administrator.
[47 FR 57714, Dec. 28, 1982]
pre> [Code of Federal Regulations] [Title 40, Volume 16, Parts 190 to 259] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR205.54-1] [Page 100-103] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents Subpart B--Medium and Heavy Trucks Sec. 205.54-1 Low speed sound emission test procedures. (a) Instrumentation. The following instrumentation shall be used, where applicable. (1) A sound level meter which meets the Type 1 requirements of ANSI S1.4-1971, Specification for Sound Level Meters, or a sound level meter may be used with a magnetic tape recorder and/or a graphic level recorder or indicating meter, providing the system meets the requirements of Sec. 205.54-2. (2) A sound level calibrator. The calibrator shall produce a sound pressure level, at the microphone diaphragm, that is known to within an accuracy of <SUP>plus-minus</SUP>0.5 dB. The calibrator shall be checked annually to verify that its output has not changed. (3) An engine-speed tachometer which is accurate within <SUP>plus-minus</SUP>2 percent of meter reading. (4) An anemometer or other device for measurement of ambient wind speed accurate within <SUP>plus-minus</SUP>10 percent. (5) A thermometer for measurement of ambient temperature accurate within <SUP>plus-minus</SUP>1 C. (6) A barometer for measurement of ambient pressure accurate within <SUP>plus-minus</SUP>1 percent. (b)(1) The test site shall be such that the truck radiates sound into a free field over a reflecting plane. This condition may be considered fulfilled if the test site consists of an open space free of large reflecting surfaces, such as parked vehicles, signboards, buildings or hillsides, located within 100 feet (30.4 meters) of either the vehicle path or the microphone. (2) The microphone shall be located 50 feet <SUP>plus-minus</SUP>4 in. (15.2<SUP>plus-minus</SUP>0.1 meter) from the centerline of truck travel and 4 feet <SUP>plus-minus</SUP>4 in. (1.2<SUP>plus-minus</SUP>0.1 meters) above the ground plane. The microphone point is defined as the point of intersection of the vehicle path and the normal to the vehicle path drawn from the microphone. The microphone shall be oriented in a fixed position to minimize the deviation from the flattest system response over the frequency range 100 Hz to 10 kHz for a vehicle traversing from the acceleration point through the end zone. The microphone shall be oriented with respect to the source so that the sound strikes the diaphragm at the angle for which the microphone was calibrated to have the flattest frequency response characteristic over the frequency range 100 Hz to 10 kHz. (3) An acceleration point shall be established on the vehicle path 50 feet (15 m) before the microphone point. (4) An end point shall be established on the vehicle path 100 feet (30 m) from the acceleration point and 50 feet (15 m) from the microphone point. (5) The end zone is the last 40 feet (12 m) of vehicle path prior to the end point. (6) The measurement area shall be the triangular paved (concrete or sealed asphalt) area formed by the acceleration point, the end point, and the microphone location. (7) The reference point on the vehicle, to indicate when the vehicle is at any of the points on the vehicle path, [[Page 101]] shall be the front of the vehicle except as follows: (i) If the horizontal distance from the front of the vehicle to the exhaust outlet is more than 200 inches (5.1 meters), tests shall be run using both the front and rear of the vehicle as reference points. (ii) If the engine is located rearward to the center of the chassis, the rear of the vehicle shall be used as the reference point. (8) The plane containing the vehicle path and the microphone location (plane ABCDE in Figure 1) shall be flat within <SUP>plus-minus</SUP>2 inches (.05 meters). (9) Measurements shall not be made when the road surface is wet, covered with snow, or during precipitation. (10) Bystanders have an appreciable influence on sound level meter readings when they are in the vicinity of the vehicle or microphone; therefore not more than one person, other than the observer reading the meter, shall be within 50 feet (15.2 meters) of the vehicle path or instrument and the person shall be directly behind the observer reading the meter, on a line through the microphone and observer. To minimize the effect of the observer and the container of the sound level meter electronics on the measurements, cable should be used between the microphone and the sound level meter. No observer shall be located within 1 m in any direction of the microphone location. (11) The maximum A-weighted fast response sound level observed at the test site immediately before and after the test shall be at least 10 dB below the regulated level. (12) The road surface within the test site upon which the vehicle travels, and, at a minimum, the measurements area (BCD in figure 205.1) shall be smooth concrete or smooth sealed asphalt, free of extraneous material such as gravel. [GRAPHIC] [TIFF OMITTED] TC01FE92.052 [[Page 102]] (13) Vehicles with diesel engines shall be tested using Number 1D or Number 2D diesel fuel possessing a cetane rating from 42 to 50 inclusive. (14) Vehicles with gasoline engines shall use the grade of gasoline recommended by the manufacturer for use by the purchaser. (15) Vehicles equipped with thermo- statically controlled radiator fans may be tested with the fan not operating. (c) Procedures--(1) Vehicle operation for vehicles with standard transmissions. Full throttle acceleration and closed throttle deceleration tests are to be used. A beginning engine speed and proper gear ratio must be determined for use during measurements. Closed throttle deceleration tests are required only for those vehicles equipped with an engine brake. (i) Select the highest rear axle and/or transmission gear (``highest gear'' is used in the usual sense; it is synonymous to the lowest numerical ratio) and an initial vehicle speed such that at wide-open throttle the vehicle will accelerate from the acceleration point. (a) Starting at no more than two-thirds (66 percent) of maximum rated or of governed engine speed. (b) Reaching maximum rated or governed engine speed within the end zone. (c) Without exceeding 35 mph (56 k/h) before reaching the end point. (1) Should maximum rated or governed rpm be attained before reaching the end zone, decrease the approach rpm in 100 rpm increments until maximum rated or governed rpm is attained within the end zone. (2) Should maximum rated or governed rpm not be attained until beyond the end zone, select the next lower gear until maximum rated or governed rpm is attained within the end zone. (3) Should the lowest gear still result in reaching maximum rated or governed rpm beyond the permissible end zone, unload the vehicle and/or increase the approach rpm in 100 rpm increments until the maximum rated or governed rpm is reached within the end zone. (ii) For the acceleration test, approach the acceleration point using the engine speed and gear ratio selected in paragraph (c)(1) of this section and at the acceleration point rapidly establish wide-open throttle. The vehicle reference shall be as indicated in paragraph (b)(7) of this section. Acceleration shall continue until maximum rated or governed engine speed is reached. (iii) Wheel slip which affects maximum sound level must be avoided. (2) Vehicle operation for vehicles with automatic transmissions. Full throttle acceleration and closed throttle deceleration tests are to be used. Closed throttle deceleration tests are required only for those vehicles equipped with an engine brake. (i) Select the highest gear axle and/or transmission gear (highest gear is used in the usual sense; it is synonymous to the lowest numerical ratio) in which no up or down shifting will occur under any operational conditions of the vehicle during the test run. Also, select an initial vehicle speed such that at wide-open throttle the vehicle will accelerate from the acceleration point. (a) Starting at two-thirds (66 percent) of maximum rated or of governed engine speed. (b) Reaching maximum rated or governed engine speed within the end zone. (c) Without exceeding 35 mph (56 k/h) before reaching the end point. (1) Should maximum rated or governed rpm be attained before reaching the end zone, decrease the approach rpm in 100 rpm increments until maximum rated or governed rpm is attained within the end zone. (2) Should maximum rated or governed rpm not be attained until beyond the end zone, select the next lower gear until maximum rated or governed rpm is attained within the end zone. (3) Should the lowest gear still result in reaching maximum rated or governed rpm beyond the permissible end zone, unload the vehicle and/or increase the approach rpm in 100 rpm increments until the maximum rated or governed rpm is reached within the end zone, notwithstanding that approach engine speed may now exceed two-thirds of maximum rated or of full load governed engine speed. (4) Should the maximum rated or governed rpm still be attained before entering the end zone, and the engine rpm during approach cannot be further lowered, begin acceleration at a point [[Page 103]] 10 feet closer to the beginning of the end zone. The approach rpm to be used is to be that rpm used prior to the moving of the acceleration point 10 feet closer to the beginning of the end zone. (5) Should the maximum rated or governed rpm still be attained before entering the end zone, repeat the instructions in paragraph (c)(2)(i)(c)(4) of this section until maximum rated or governed rpm is attained within the end zone. (ii) For the acceleration test, approach the acceleration point using the engine speed and gear ratio selected in paragraph (c)(2)(i) of this section and at the acceleration point rapidly establish wide-open throttle. The vehicle reference shall be as indicated in paragraph (b)(7) of this section. Acceleration shall continue until maximum rated or governed engine speed is reached. (iii) Wheel slip which affects maximum sound level must be avoided. (3) Measurements. (i) The meter shall be set for ``fast response'' and the A-weighted network. (ii) The meter shall be observed during the period while the vehicle is accelerating or decelerating. The applicable reading shall be the highest sound level obtained for the run. The observer is cautioned to rerun the test if unrelated peaks should occur due to extraneous ambient noises. Readings shall be taken on both sides of the vehicle. (iii) The sound level associated with a side shall be the average of the first two pass-by measurements for that side, if they are within 2 dB(A) of each other. Average of measurements on each side shall be computed separately. If the first two measurements for a given side differ by more than 2 dB(A), two additional measurements shall be made on each side, and the average of the two highest measurements on each side, within 2 dB(A) of each other, shall be taken as the measured vehicle sound level for that side. The reported vehicle sound level shall be the higher of the two averages. (d) General requirements. (1) Measurements shall be made only when wind velocity is below 12 mph (19 km/hr). (2) Proper usage of all test instrumentation is essential to obtain valid measurements. Operating manuals or other literature furnished by the instrument manufacturer shall be referred to for both recommended operation of the instrument and precautions to be observed. Specific items to be adequately considered are: (i) The effects of ambient weather conditions on the performance of the instruments (for example, temperature, humidity, and barometric pressure). (ii) Proper signal levels, terminating impedances, and cable lengths on multi-instrument measurement systems. (iii) Proper acoustical calibration procedure to include the influence of extension cables, etc. Field calibration shall be made immediately before and after each test sequence. Internal calibration means is acceptable for field use, provided that external calibration is accomplished immediately before or after field use. (3)(i) A complete calibration of the instrumentation and external acoustical calibrator over the entire frequency range of interest shall be performed at least annually and as frequently as necessary during the yearly period to insure compliance with the standards cited in American National Standard S1.4-1971 ``Specifications for Sound Level Meters'' for a Type 1 instrument over the frequency range 50 Hz-10,000 Hz. (ii) If calibration devices are utilized which are not independent of ambient pressure (e.g., a piston-phone) corrections must be made for barometric or altimetric changes according to the recommendation of the instrument manufacturer. (4) The truck shall be brought to a temperature within its normal operating temperature range prior to commencement of testing. During testing appropriate caution shall be taken to maintain the engine temperatures within such normal operating range. [41 FR 15544, Apr. 13, 1976, as amended at 42 FR 11836, Mar. 1, 1977; 42 FR 61456, Dec. 5, 1977] [[Page 104]]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.54-2]
[Page 104-108]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.54-2 Sound data acquisition system.
(a) Systems employing tape recorders and graphic level recorders may
be established as equivalent to a Type I--ANSI S1.4-1971 sound level
meter for use in determining compliance with this regulation by meeting
the requirements of this section (Sec. 205.54-2(b)). This sound data
acquisition system qualification procedure is based primarily on ANSI
S6.1-1973.
(1) Performance requirements--(i) System frequency response. It is
required that the overall steady-state frequency response of the data
acquisition system shall be within the tolerances prescribed in Table
205.1 when measured in accordance with section (2). The tolerances in
Table 205.1 are applicable to either flat or A-weighted response. (See
paragraph (a)(3)(iii) of this section.)
(ii) Detector response. To ensure that a (true) rms indication is
provided, the difference between the level indicated for a 1000 Hz
sinusoidal signal equivalent to a sound level of 86 dB (rms) and the
level indicated for an octave band of random noise of equal energy as
the sinusoidal signal centered at 1000 Hz shall be no greater than 0.5
dB. A true rms voltmeter shall be used to determine equivalence of two
input signals.
(iii) Indicating meter. If an indicating meter is used to obtain
sound levels or band pressure levels, it must meet the requirements of
paragraphs (a)(1)(ii) and (vi)(B) of this section and the following.
Table 205.1--System Response Data
------------------------------------------------------------------------
A-weighted Tolerance (decibels)
Freq. (hertz) response (Re-1000 -----------------------------------
Hz, dB) Plus-- Minus--
------------------------------------------------------------------------
31.5............. -39.4 1.5 1.5
40.0............. -34.6 1.5 1.5
50.0............. -30.2 1.0 1.0
63.0............. -26.2 1.0 1.0
80.0............. -22.5 1.0 1.0
100.0............ -19.1 1.0 1.0
125.0............ -16.1 1.0 1.0
160.0............ -13.4 1.0 1.0
200.0............ -10.9 1.0 1.0
250.0............ -8.6 1.0 1.0
315.0............ -6.6 1.0 1.0
400.0............ -4.8 1.0 1.0
500.0............ -3.2 1.0 1.0
630.0............ -1.9 1.0 1.0
800.0............ -.8 1.0 1.0
1,000.0.......... 0 1.0 1.0
1,250.0.......... .6 1.0 1.0
1,600.0.......... 1.0 1.0 1.0
2,000.0.......... 1.2 1.0 1.0
2,500.0.......... 1.3 1.0 1.0
3,150.0.......... 1.2 1.0 1.0
4,000.0.......... 1.0 1.0 1.0
5,000.0.......... .5 1.5 2.0
6,300.0.......... -.1 1.5 2.0
8,000.0.......... -1.1 1.5 3.0
10,000.0......... -2.5 2.0 4.0
12,500.0......... -4.3 3.0 6.0
------------------------------------------------------------------------
(A) The scale shall be graduated in 1 dB steps.
(B) No scale indication shall be more than 0.2 dB different from the
true value of the signal when an input signal equivalent to 86 dB sound
level indicates correctly.
(C) Maximum indication for an input signal of 1000 Hz tone burst of
0.2 sec duration shall be within the range of -2 to 0 dB with respect to
the steady-state indication for a 1000 Hz tone equivalent to 86 dB sound
level.
(iv) Microphone. If microphone is used which has not been provided
as a component of a precision sound level meter, it must be determined
to meet the microphone characteristics described in IEC Publication 179,
Precision Sound Level Meters.
(v) Magnetic tape recorders. No requirements are described in this
document pertaining to tape recorders, except for frequency response.
Generally, recorders of adequate quality to provide the frequency
response performance required will also meet other minimum requirements
for distortion, signal-to-noise ratio, etc.
(vi) Graphic level recorder dynamic response. When using a graphic
level recorder, it is necessary to select pen response settings such
that the readings obtained are statistically equivalent to those
obtained by directly reading a meter which meets the ``fast'' dynamic
requirement of a precision sound level meter indicating meter system for
the range of vehicles to be tested. To ensure statistical equivalence,
at least 30 comparative observations of real test data shall be made and
the average of the absolute value of the differences observed shall be
less than 0.5 dB. The settings described in this paragraph
[[Page 105]]
likely assure appropriate dynamic response; however, different settings
may be selected on the basis of the above requirement.
(A) Use a pen writing speed of nominally 60-100 dB/sec. If
adjustable, low frequency response should be limited to about 20 Hz.
(B) Indicated overshoot for a suddenly applied 1000 Hz sinusoidal
signal equivalent to 86 dB sound level shall be no more than 1.1 dB and
no less than 0.1 dB.
(2) Frequency response qualification procedure. (i) Typical noise
measurement and analysis configurations are shown in Figures 205.2
through 205.4. The qualification procedure described herein duplicates
these configurations, but with the microphone replaced by an electronic
sinewave oscillator. Caution should be exercised when connecting an
oscillator to the input of a sound level meter to ensure, perhaps by
using a resistive voltage divider network, that the input is not
overloaded (see Sec. 205.54-2(a)(2)(ii)).
[[Page 106]]
[GRAPHIC] [TIFF OMITTED] TC01FE92.053
[[Page 107]]
(ii) Calibrate the oscillator to be used by measuring its output
relative to the voltage which is equivalent to 86 dB sound level at each
of the 27 frequencies listed in Table 205.1 using an electronic
voltmeter of known calibration. Record the result in voltage level in dB
re voltage corresponding to 86 dB sound level at 1000 Hz. This will
describe the frequency response characteristics of the oscillator.
(iii) If a graphic level recorder is to be used, connect it to the
oscillator output. If the oscillator and graphic level recorder can be
synchronized, slowly sweep the frequency over the range of 31.5 to
12,500 Hz, recording the oscillator output. If they cannot be
synchronized, record oscillator output for signals at the 27 frequencies
given in Table 205.1. The differences between the combined response thus
obtained and the oscillator response obtained previously will describe
the frequency response of the graphic level recorder.
(iv) If visual observation of an indicating meter is to be used for
obtaining data, the oscillator should be connected to the indicating
meter input (such as the microphone input of a sound level meter) and
the meter reading observed for a fixed oscillator output voltage setting
for signals at the 27 frequencies given in Table 205.1.
(v) To check a tape recorder, connect the instruments as shown in
Figure 205.4. Using a 1000 Hz tone, adjust the oscillator output level
to obtain a reading 15 dB below maximum record level. If the
synchronized oscillator/graphic level recorder system is to be used for
analysis, record an oscillator sweep over the range of 31.5 to 12,500
Hz, using an appropriate tape recorder input attenuator setting.
Alternatively, tape-record frequency tones at the 27 frequencies given
in Table 205.1. Replay the tape recordings using the setup shown in
Figure 205.3. Record the data on a graphic level recorder or through
visual observation of the indicating meter. Subtract the oscillator
frequency response in paragraph (b)(2) of this section from the response
obtained through the record-playback sequence to obtain the record/
reproduce frequency response of the system except for the microphone.
(vi) To obtain the overall system frequency response, add the
manufacturer's microphone calibration data to the response just
obtained. This may be the frequency response for the specific microphone
to be used, including calibration tolerances. Alternatively, use the
manufacturer's ``typical'' microphone response plus and minus the
maximum deviation expected from ``typical'' including calibration
tolerances. Use the microphone response curve which corresponds to the
manner in which it is used in the field. It may be required to add a
correction to the response curves provided to obtain field response;
refer to the manufacturer's manual.
(vii) Adjustment or repair of equipment may be required to obtain
response within the requirements of paragraph (a) of this section. After
any adjustments, the system shall be requalified according to paragraph
(b) of this section.
(3) General comments. (i) Calibrate tape recorders using the brand
and type of magnetic tape used for actual data acquisition. Differences
in tape can cause an appreciable variation in the recorder/reproduce
frequency response characteristics of tape recorder.
(ii) It shall be ensured that the instrumentation used will perform
within specifications and applicable tolerances over the temperature,
humidity, and other environmental variation ranges which may be
encountered in vehicle noise measurement works.
(iii) Qualification tests shall be performed using equipment
(including cables) and recording and playback techniques identical with
those used while recording vehicle noise. For example, if weighted sound
level data are normally recorded use similar weighting and apply the
tolerances of Table 205.1 to the weighting curve for comparison with
record-playback curves. Precautions should also be taken to ensure that
source and load impedances are appropriate to the device being tested.
Other data acquisition systems may use any combination of microphones,
sound level meters, amplifiers, tape recorders, graphic level recorders,
or indicating meters. The same approach to qualifying such a system
shall be taken as described in this document for the
[[Page 108]]
systems depicted in Figures 205.2, 205.3 and 205.4.
(b) Systems other than those specified in Secs. 205.54-1(a) and
205.54-2(a) may be used for establishing compliance with this
regulation. In each case the system must yield sound levels which are
equivalent to those produced by a sound level meter Type 1 ANSI S1.4-
1971. The manufacturer bears the burden of demonstrating such
equivalence.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, Dec. 5, 1977; 47
FR 57714, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.55-1]
[Page 108]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.55-1 General requirements.
(a) Every new vehicle manufactured for distribution in commerce in
the United States which is subject to the standards prescribed in this
subpart and not exempted in accordance with Sec. 205.5:
(1) Shall be labeled in accordance with the requirements of
Sec. 205.55-5 of this subpart.
(2) Shall conform to the applicable noise emission standard
established in Sec. 205.52 of this regulation.
(b) The requirements of paragraph (a) apply to new products which
conform to the definition of vehicles in these regulations and at the
time such new products are assembled to that state of completeness in
which the manufacturer distributes them in commerce.
(c) Subsequent manufacturers of a new product which conforms to the
definition of vehicle in these regulations when received by them from a
prior manufacturer, need not fulfill the requirements of paragraph
(a)(1) where such requirements have already been complied with by a
prior manufacturer.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, Dec. 5, 1977; 47
FR 57714, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.55-2]
[Page 108-109]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.55-2 Compliance with standards.
(a)(1) Prior to distribution in commerce of vehicles of a specific
configuration, the first manufactures of such vehicles must verify such
configurations in accordance with the requirements of this subpart.
(2) [Reserved]
(3) At any time following receipt of notice under this section with
respect to a configuration, the Administrator may require that the
manufacturer ship test vehicles to the EPA test facility in order for
the Administrator to perform the tests required for production
verification.
(b) The requirements for purposes of testing by the Administrator
and selective enforcement auditing with regard to each vehicle
configuration consist of:
(1) Testing in accordance with Sec. 205.54 of a vehicle selected in
accordance with Sec. 205.57-2, and
(2) Compliance of the test vehicle with the applicable standard when
tested in accordance with Sec. 205.54.
(c)(1) In lieu of testing vehicles of every configuration as
described in paragraph (b) of this section, the manufacturer may elect
to verify the configuration based on representative testing, the
requirements of which consist of:
(i) Grouping configurations into a category where each category will
be determined by a separate combination of at least the following
parameters (a manufacturer may use more parameters):
(a) Engine type.
(1) Gasoline--two stroke cycle.
(2) Gasoline--four stroke cycle.
(3) Diesel--two stroke cycle.
(4) Diesel--four stroke cycle.
(5) Rotary--wankel.
(6) Turbine.
(7) Other.
(b) Engine manufacturer.
(c) Engine displacement.
(d) Engine configuration (e.g., L-6, V-8, etc.).
(e) Series (i.e., cab design) including but not limited to
conventional, cab over engine, and cab forward.
(ii) Identifying the configuration within each category which emits
the highest sound pressure level (dBA) based on his best technical
judgment and/or emission test data;
(iii) Testing in accordance with Sec. 205.54 of a vehicle selected
in accordance with Sec. 205.57-2 which must be a vehicle of the
configuration which is identified pursuant to paragraph (c)(1)(ii) of
this section as having the highest sound pressure level (estimated or
actual) within the category; and
[[Page 109]]
(iv) Compliance of the test vehicle with applicable standards when
tested in accordance with Sec. 205.54.
(2) Where the requirements of paragraph (c)(1) are complied with,
all those configurations contained within a category are considered
represented by the tested vehicle.
(3) Where the manufacturer tests a vehicle configuration which has
not been determined as having the highest sound pressure level of a
category, but all other requirements of paragraph (c)(1) of this section
are complied with all those configurations contained with that category
which are determined to have sound pressure levels no greater than the
tested vehicle are considered to be represented by the tested vehicle,
however, a manufacturer must for purposes of Testing by the
Administrator and Selective Enforcement Auditing verify according to the
requirements of paragraphs (b)(1) and/or (c)(1) of this section any
configurations in the subject category which have a higher sound
pressure level than the vehicle configuration tested.
(d) [Reserved]
(e) The manufacturer may, at his option, proceed with any of the
following alternatives with respect to any vehicle determined not in
compliance with applicable standards.
(1) In the case of representative testing a new test vehicle from
another configuration must be selected according to the requirements of
paragraph (c) of this section, in order to verify the configurations
represented by the non-compliant vehicle.
(2) Modify the test vehicle and demonstrate by testing that it meets
applicable standards. The manufacturer must modify all production
vehicles of the same configuration in the same manner as the test
vehicle before distribution into commerce.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61458, Dec. 5, 1977; 47
FR 57714, Dec. 28, 1982; 48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.55-3]
[Page 109]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.55-3 Configuration identification.
(a) A separate vehicle configuration shall be determined by each
combination of the following parameters:
(1) Exhaust system configuration. (i) Single vertical.
(ii) Dual vertical.
(iii) Single horizontal.
(iv) Dual horizontal.
(2) Air induction system (engine). (i) Natural.
(ii) Turbocharged.
(3) Fan. (i) Diameter.
(ii) Drive.
(a) Direct.
(b) Thermostatic.
(iii) Max fan rpm.
(4) Engine manufacturer's horsepower rating.
(5) Cab characteristic. (i) Sleeper.
(ii) Non sleeper.
(6) Category parameters listed in Sec. 205.55-2.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.55-4]
[Page 109-110]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.55-4 Labeling-compliance.
(a)(1) The manufacturer of any vehicle subject to the provisions of
Sec. 205.52 shall, at the time of manufacture, affix a permanent,
legible label, of the type and in the manner described below, containing
the information hereinafter provided, to all such vehicles to be
distributed in commerce. The labels shall be affixed in such a manner
that they cannot be removed without destroying or defacing them, and
shall not be affixed to any equipment which is easily detached from such
vehicle.
(2) A label shall be permanently attached, in a readily visible
position, in the operator's compartment.
(3) Labels for vehicles not manufactured solely for use outside the
United States shall contain the following information lettered in the
English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(i) The label heading: Vehicle Noise Emission Control Information;
(ii) Full corporate name and trademark of manufacturer;
(iii) Month and year of manufacture;
(iv) The statement:
This Vehicle Conforms to U.S. EPA Regulations for Noise Emission
Applicable to Medium and Heavy Trucks.
The following acts or the causing thereof by any person are
prohibited by the Noise Control Act of 1972:
(A) The removal or rendering inoperative, other than for purposes of
maintenance, repair, or replacement, of any noise control device or
element of design (listed in the owner's manual) incorporated into this
vehicle in compliance with the Noise Control Act;
[[Page 110]]
(B) The use of this vehicle after such device or element of design
has been removed or rendered inoperative.
(b) Labels for vehicles manufactured solely for use outside the
United States shall contain the words ``For Export Only.''
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, 61458, Dec. 5,
1977. Redesignated at 47 FR 57715, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.56]
[Page 110-111]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.56 Testing by the Administrator.
(a)(1) The Administrator may require that any vehicles to be tested
pursuant to the Act be submitted to him, at such place and time as he
may reasonably designate and in such quantity and for such time as he
may reasonably require for the purpose of conducting tests in accordance
with test procedures described in Sec. 205.54 to determine whether such
vehicles or a manufacturer's test facility conform to applicable
regulations. It is a condition of the requirements under this section
that the manner in which the Administrator conducts such tests, the EPA
test facility itself, and the test procedures he employs shall be based
upon good engineering practice and meet or exceed the requirements of
Sec. 205.54 of the regulations.
(2) The Administrator may specify that he will conduct such testing
at the manufacturer's facility, in which case instrumentation and
equipment of the type required by these regulations shall be made
available by the manufacturer for test operations. The Administrator may
conduct such tests with his own equipment, which shall equal or exceed
the performance specifications of the instrumentation or equipment
specified by the Administrator in these regulations.
(3) The manufacturer may observe tests conducted by the
Administrator pursuant to this section on vehicles produced by such
manufacturer and may copy the data accumulated from such tests. The
manufacturer may inspect any such vehicles before and after testing by
the Administrator.
(b)(1) If, based on tests conducted by the Administrator or other
relevant information, the Administrator determines that the test
facility does not meet the requirements of Sec. 205.54-1 (a) and (b) he
will notify the manufacturer in writing of his determination and the
reasons therefor.
(2) The manufacturer may at any time within 15 days after receipt of
a notice issued under paragraph (b)(1) of this section request a hearing
conducted in accordance with 5 U.S.C. 554 on the issue of whether his
test facility was in conformance. Such notice will not take effect until
15 days after receipt by the manufacturer, or if a hearing is requested
under this paragraph, until adjudication by the hearing examiner.
(3) After any notification issued under paragraph (b)(1) of this
section has taken effect, no data thereafter derived from such test
facility will be acceptable for purposes of this part.
(4) The manufacturer may request in writing that the Administrator
reconsider his determination under paragraph (b)(1) of this section
based on data or information which indicates that changes have been made
to the test facility and such changes have resolved the reasons for
disqualification.
(5) The Administrator will notify the manufacturer of his
determination and an explanation of the reasons underlying it with
regard to the requalification of the test facility within 10 working
days after receipt of the manufacturer's request for reconsideration
pursuant to paragraph (b)(4) of this section.
(c)(1) The Administrator will assume all reasonable costs associated
with shipment of vehicles to the place designated pursuant to paragraph
(a) of this section except with respect to:
(i) [Reserved]
(ii) Testing of a reasonable number of vehicles for purposes of
selective enforcement auditing under Sec. 205.57 or testing of smaller
numbers of vehicles, if the manufacturer has failed to establish that
there is a correlation between its test facility and the EPA test
facility or the Administrator has reason to believe, and provides the
manufacturer a statement of such reasons, that the vehicles to be tested
would fail to meet the standard prescribed in this subpart if tested at
the EPA test facility, but
[[Page 111]]
would meet such standard if tested at the manufacturer's test facility;
(iii) Any testing performed during a period when a notice of
nonconfor- mance of the manufacturer's test facility issued pursuant to
paragraph (b) of this section is in effect;
(iv) Any testing performed at place other than the manufacturer's
facility as a result of the manufacturer's failure to permit the
Administrator to conduct or monitor testing as required by this part.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, 61459, Dec. 5,
1977; 47 FR 57715, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57]
[Page 111]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57 Selective enforcement auditing requirements.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-1]
[Page 111-112]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-1 Test request.
(a) The Administrator will request all testing under Sec. 205.57 by
means of a test request addressed to the manufacturer.
(1) Except as provided in paragraphs (a) (2) and (3) of this
section, the Administrator will not issue to a manufacturer during any
model year more test requests than a number determined by dividing the
total number of vehicles subject to this regulation which the
manufacturer projects he will produce during that model year by 25,000
and rounding to the next higher whole number: Except, that the
Administrator may issue one additional test request beyond the annual
limit to any manufacturer for each time a batch sequence for any
category, configuration or subgroup thereof of such manufacturer's
production is rejected in accordance with Sec. 205.57-7.
(2) Any test request issued against a category, configuration or
subgroup thereof which the Administrator has reason to believe does not
meet the standards specified in Sec. 205.52 will not be counted against
the annual limit on test requests described in paragraph (a)(1) of this
section. Any such request shall include a statement of the
Administrator's reason for such belief.
(3) Any test request under which testing is not completed will not
be counted against the annual limit on test requests described in
paragraph (a)(1) of this section.
(b) The test request will be signed by the Assistant Administrator
for Enforcement or his designee. The test request will be delivered by
an EPA Enforcement Officer to the plant manager or other responsible
official as designated by the manufacturer.
(c) The test request will specify the vehicle category,
configuration or subgroup thereof selected for testing, the batch from
which sampling is to begin, the batch size, the manufacturer's plant or
storage facility from which the vehicles must be selected, the time at
which a vehicle must be selected. The test request will also provide for
situations in which the selected configuration or category is
unavailable for testing. The test request may include an alternative
category or configuration selected for testing in the event that
vehicles of the first specified category or configuration are not
available for testing because the vehicles are not being manufactured at
the specified plant and/or are not being manufactured during the
specified time or not being stored at the specified plant or storage
facility.
(d) Any manufacturer shall, upon receipt of the test request, select
and test a batch sample of vehicles from two consecutively produced
batches of the vehicle category or configurations specified in the test
request in accordance with these regulations and the conditions
specified in the test request.
(e)(1) Any testing conducted by the manufacturer pursuant to a test
request shall be initiated within such period as is specified within the
test request: Except, that such initiation may be delayed for increments
of 24 hours or one business day where ambient test site weather
conditions, or other conditions beyond the control of the manufacturer,
in any 24-hour period do not permit testing: Provided, That these
conditions for that period are recorded.
(2) The manufacturer shall complete emission testing on a minimum of
five vehicles per day unless otherwise provided for by the Administrator
or unless ambient test site conditions only permit the testing of a
lesser number: Provided, that ambient test site weather conditions for
that period are recorded.
[[Page 112]]
(3) The manufacturer will be allowed 24 hours to ship vehicles from
a batch sample from the assembly plant to the testing facility if the
facility is not located at the plant or in close proximity to the plant:
Except, that the Administrator may approve more time based upon a
request by the manufacturer accompanied by a satisfactory justification.
(f) The Administrator may issue an order to the manufacturer to
cease to distribute into commerce vehicles of a specified category or
configuration being manufactured at a particular facility if:
(1) The manufacturer refuses to comply with the provisions of a test
request issued by the Administrator pursuant to this section; or
(2) The manufacturer refuses to comply with any of the requirements
of this section.
(g) A cease-to-distribute order shall not be issued under paragraph
(f) of this section if such refusal is caused by conditions and
circumstances outside the control of the manufacturer which renders it
impossible to comply with the provisions of a test request or any other
requirements of this section. Such conditions and circumstances shall
include, but are not limited to, any uncontrollable factors which result
in the temporary unavailability of equipment and personnel needed to
conduct the required tests, such as equipment break-down or failure or
illness of personnel, but shall not include failure of the manufacturer
to adequately plan for and provide the equipment and personnel needed to
conduct the tests. The manufacturer will bear the burden of establishing
the presence of the conditions and circumstances required by this
paragraph.
(h) Any such order shall be issued only after a notice and
opportunity for a hearing.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61459, Dec. 5, 1977; 43
FR 12326, Mar. 24, 1978]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-2]
[Page 112-113]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-2 Test vehicle sample selection.
(a) Vehicles comprising the batch sample which are required to be
tested pursuant to a test request in accordance with this subpart will
be selected in the manner specified in the test request from a batch of
vehicles of the category or configuration specified in the test request.
If the test request specifies that the vehicles comprising the batch
sample must be selected randomly, the random selection will be achieved
by sequentially numbering all of the vehicles in the batch and then
using a table of random numbers to select the number of vehicles as
specified in paragraph (c) of this section based on the batch size
designated by the Administrator in the test request. An alternative
random selection plan may be used by a manufacturer: Provided, That such
a plan is approved by the Administrator. If the test request does not
specify that test vehicles must be randomly selected, the manufacturer
shall select test vehicles consecutively.
(1) Should a situation arise in which the configuration to be tested
consists of only vehicles with automatic transmissions, they shall be
tested in accordance with Sec. 205.54-1(c)(2).
(2) If the configuration to be tested consists of both automatic
transmission and standard transmission vehicles, the test vehicle shall
be a standard transmission vehicle unless the manufacturer has reason to
believe that the automatic transmission vehicle emits a greater sound
level.
(b) The Acceptable Quality Level is 10 percent. The appropriate
sampling plans associated with the designated AQL are contained in
Appendix I, Table II.
(c) The appropriate batch sample size will be determined by
reference to Appendix I, Table I and II. A code letter is obtained from
Table I based on the batch size designated by the Administrator in a
test request. The batch sample size will be obtained from Table II. The
batch sample size will be equal to the maximum cumulative sample size
for the appropriate code letter obtained from Table I plus an additional
10 percent rounded off to the next highest number.
(d) If the test request specifies that vehicles comprising the batch
sample must be selected randomly, individual vehicles comprising the
test sample will be randomly selected from the batch sample using the
same random selection plan as in paragraph (a) of
[[Page 113]]
this section. Test sample size will be determined by entering Table II.
(e) The test vehicle of the category, configuration or subgroup
thereof selected for testing shall have been assembled by the
manufacturer for distribution in commerce using the manufacturer's
normal production process in accordance with Sec. 205.55-5(a).
(f) Unless otherwise indicated in the test request, the manufacturer
will select the batch sample from the production batch, next scheduled
after receipt of the test request, of the category or configuration
specified in the test request.
(g) Unless otherwise indicated in the test request, the manufacturer
shall select the vehicles designated in the test request for testing.
(h) At their discretion, EPA Enforcement Officers, rather than the
manufacturer, may select the vehicles designated in the test request.
(i) The manufacturer will keep on hand all vehicles in the batch
sample until such time as the batch is accepted or rejected in
accordance with Sec. 205.57-6: Except, that vehicles actually tested and
found to be in conformance with these regulations need not be kept.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61459, Dec. 5, 1977; 47
FR 57715, Dec. 28, 1982; 48 FR 27039, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-3]
[Page 113]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-3 Test vehicle preparation.
(a) Prior to the official test, the test vehicle selected in
accordance with Sec. 205-57-2 shall not be prepared, tested, modified,
adjusted, or maintained in any manner unless such adjustments,
preparation, modification and/or tests are part of the manufacturer's
prescribed manufacturing and inspection procedures, and are documented
in the manufacturer's internal vehicle assembly and inspection
procedures or unless such adjustments and/or tests are required or
permitted under this subpart or are approved in advance by the
Administrator. For purposes of this section, prescribed manufacturing
and inspection procedures include quality control testing and assembly
procedures normally performed by the manufacturer on like products
during early production so long as the resulting testing is not biased
by the procedure. In the case of imported products the manufacturer may
perform adjustments, preparations, modification and/or tests normally
performed at the port of entry by the manufacturer to prepare the
vehicle for delivery to a dealer or customer.
(b) Equipment or fixtures necessary to conduct the test may be
installed on the vehicle: Provided, That such equipment or fixtures
shall have no effect on the noise emissions of the vehicle, as
determined by measurement methodology.
(c) In the event of vehicle malfunction (i.e., failure to start,
misfiring cylinder, etc.) the manufacturer may perform the maintenance
that is necessary to enable the vehicle to operate in a normal manner.
(d) No quality control, testing, assembly or selection procedures
shall be used on the completed vehicle or any portion thereof, including
parts and subassemblies, that will not normally be used during the
production and assembly of all other vehicles of the category which will
be distributed in commerce, unless such procedures are required or
permitted under this subpart.
[47 FR 57715, Dec. 28, 1982; 48 FR 27039, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-4]
[Page 113]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-4 Testing procedures.
(a) The manufacturer shall conduct one valid test in accordance with
the test procedures specified in Sec. 205.54 of this subpart for each
vehicle selected for testing pursuant to this subpart.
(b) No maintenance will be performed on test vehicles except as
provided for by Sec. 205.57-3. In the event a vehicle is unable to
complete the emission test, the manufacturer may replace the vehicle.
Any replacement vehicle will be a production vehicle of the same
configuration as the replaced vehicle. It will be randomly selected from
the batch sample and will be subject to all the provisions of these
regulations.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-5]
[Page 113-114]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-5 Reporting of the test results.
(a) Within 5 working days after completion of testing of all
vehicles in a batch sample the manufacturer shall submit to the
Administrator a final report which will include the information
[[Page 114]]
required by the test request in the format stipulated in the test
request in addition to the following:
(1) The name, location, and description of the manufacturer's
emission test facilities which meet the specifications of Sec. 205.54
and were utilized to conduct testing reported pursuant to this section:
Except, that a test facility that has been described in a previous
submission under this subpart need not again be described but must be
identified as such.
(2) A description of the random vehicle selection method used,
referencing any tables of random numbers that were used, name of the
person in charge of the random number selection, if the vehicle test
request specifies a random vehicle selection.
(3) The following information for each noise emission test
conducted,
(i) The completed data sheet required by Sec. 205.54 for all noise
emission tests including: For each invalid test, the reason for
invalidation.
(ii) A complete description of any modification, repair,
preparation, maintenance, and/or testing which could affect the noise
emissions of the vehicle and which was performed on the test vehicle but
will not be performed on all other production vehicles.
(iii) The reason for the replacement where a replacement vehicle was
authorized by the Administrator, and, if any, the test results for the
replaced vehicles.
(4) A complete description of the sound data acquisition system if
other than those specified in Secs. 205.54-1(a) and 205.54-2(a).
(5) The following statement and endorsement:
This report is submitted pursuant to section 6 and section 13 of the
Noise Control Act of 1972. To the best of ______(company name)
knowledge, all testing for which data are reported herein was conducted
in strict conformance with applicable regulations under 40 CFR 205.1 et
seq., all the data reported herein are a true and accurate
representation of such testing and all other information reported herein
is true and accurate. I am aware of the penalties associated with
violations of the Noise Control Act of 1972 and the regulations
thereunder.
(authorized representative)
(b) All information required to be forwarded to the Administrator
pursuant to this section shall be addressed to Director, Noise
Enforcement Division (EN-387), U.S. Environmental Protection Agency,
Washington, DC 20460.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61459, Dec. 5, 1977; 43
FR 12326, Mar. 24, 1978]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-6]
[Page 114]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-6 Acceptance and rejection of batches.
(a) The batch from which a batch sample is selected will be accepted
or rejected based upon the number of failing vehicles in the batch
sample. A sufficient number of test samples will be drawn from the batch
sample until the cumulative number of failing vehicles is less than or
equal to the acceptance number or greater than or equal to the rejection
number appropriate for the cumulative number of vehicles tested. The
acceptance and rejection numbers listed in Appendix I, Table II at the
appropriate code letter obtained according to Sec. 205.57-2 will be used
in determining whether the acceptance or rejection of a batch has
occurred.
(b) Acceptance or rejection of a batch takes place when the decision
that a vehicle is a failing vehicle is made on the last vehicle required
to make a decision under paragraph (a) of this section.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-7]
[Page 114-115]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-7 Acceptance and rejection of batch sequence.
(a) The manufacturer will continue to inspect consecutive batches
until the batch sequence is accepted or rejected based upon the number
of rejected batches. A sufficient number of consecutive batches will be
inspected until the cumulative number of rejected batches is less than
or equal to the sequence acceptance number of greater than or equal to
the sequence rejection number appropriate for the cumulative number of
batches inspected. The acceptance and rejection numbers listed in
Appendix I, Table III at the appropriate code letter obtained according
to Sec. 205.57-2 will be used in determining whether the acceptance or
rejection of a batch sequence has occurred.
(b) Acceptance or rejection of a batch sequence takes place when the
decision
[[Page 115]]
that a vehicle is a failiing vehicle is made on the last vehicle
required to make a decision under paragraph (a) of this section.
(c) If the batch sequence is accepted, the manufactureer will not be
required to perform any additional testing on vehicles from subsequent
batches pursuant to the initiating test request.
(d) The Administrator may terminate testing earlier than required in
paragraph (b) of this section based on a request by the manufacturer
accompanied by voluntary cessation of distribution in commerce, of
vehicles from the category, configuration or subgroup in question
manufactured at the plant which produced the vehicles under test:
Provided, That before reinitiating distribution in commerce of vehicles
from such plant of such vehicle category, configuration or subgroup, the
manufacturer must take the action described in Sec. 205.57-9(a)(1) and
(a)(2).
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.57-9]
[Page 115-116]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.57-9 Prohibition on distribution in commerce; manufacturer's remedy.
(a) The Administrator will permit the cessation of continued testing
under Sec. 205.57-8 once the manufacturer has taken the following
actions:
(1) Submit a written report to the Administrator which identifies
the reason for the noncompliance of the vehicles, describes the problem
and describes the proposed quality control and/or quality assurance
remedies to be taken by the manufacturer to correct the problem or
follows the requirements for an engineering change. Such requirements
include the following:
(i) Any change to a configuration with respect to any of the
parameters stated in Sec. 205.55-3 shall constitute the addition of a
new and separate configuration or category to the manufacturer's product
line.
(ii) When a manufacturer introduces a new category or configuration
to his product line, he shall proceed in accordance with Sec. 205.55-2.
(iii) If the configuration to be added can be grouped within a
verified category and the new configuration is estimated to have a lower
sound pressure level than a previously verified configuration within the
same category, the configuration shall be considered verified.
(2) Demonstrates that the specified vehicle category, configuration
or subgroup thereof has passed a retest conducted in accordance with
Sec. 205.57 and the conditions specified in the initial test request.
(3) The manufacturer may begin testing under paragraph (a)(2) of
this section upon submitting such report, and may cease continued
testing upon making the demonstration required by
[[Page 116]]
paragraph (a)(2) of this section, provided that the Administrator may
require resumption of continued testing if he determines that the
manufacturer has not satisfied the requirements of paragraphs (a)(1) and
(2) of this section.
(b) Any vehicle failing the prescribed noise emission tests
conducted pursuant to this Subpart B may not be distributed in commerce
until necessary adjustments or repairs have been made and the vehicle
passes a retest.
(c) No vehicles of a rejected batch which are still in the hands of
the manufacturer may be distributed in commerce unless the manufacturer
has demonstrated to the satisfaction of the Administrator that such
vehicles do in fact conform to the regulations: Except, that any vehicle
that has been tested and does, in fact, conform with these regulations
may be distributed in commerce.
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 47
FR 57715, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.58-1]
[Page 116]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.58-1 Warranty.
(a) The vehicle manufacturer shall include the owner's manual or in
other information supplied to the ulitmate purchaser the following
statement:
Noise Emissions Warranty
(Name of vehicle manufacturer) warrants to the first person who
purchases this vehicle for purposes other than resale and to each
subsequent purchaser that this vehicle as manufactured by (names of
vehicle manufacturer), was designed, built and equipped to conform at
the time it left (name of vehicle manufacturer)'s control with all
applicable U.S. EPA Noise Control Regulations.
This warranty covers this vehicle as designed, built and equipped by
(Name of vehicle manufacturer), and is not limited to any particular
part, component or system of the vehicle manufactured by (name of
vehicle manufacturer). Defects in design, assembly or in any part,
component or system of the vehicle as manufactured by (name of vehicle
manufacturer), which, at the time it left (name of vehicle
manufacturer)'s control, caused noise emissions to exceed Federal
standards, are covered by this warranty for the life of the vehicle.
(b) [Reserved]
[41 FR 15544, Apr. 13, 1976, as amended at 47 FR 57715, Dec. 28, 1982;
48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.58-2]
[Page 116-117]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.58-2 Tampering.
(a) For each configuration of vehicles covered by this part, the
manufacturer shall develop a list of those acts which, in his judgment,
might be done to the vehicle in use and which would constitute the
removal or rendering inoperative of noise control devices or elements of
design of the vehicle.
(b) The manufacturer shall include in the owner's manual the
following information:
(1) The statement:
Tampering With Noise Control System Prohibited
Federal law prohibits the following acts or the causing thereof:
(1) The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair, or replacement, of any device or
element of design incorporated into any new vehicle for the purpose of
noise control prior to its sale or delivery to the ultimate purchaser or
while it is in use; or (2) the use of the vehicle after such device or
element of design has been removed or rendered inoperative by any
person.
(2) The statement:
Among those acts presumed to constitute tampering are the acts
listed below.
Immediately following this statement, the manufacturer shall include the
list developed under paragraph (a) of this section.
(c) Any act included in the list prepared pursuant to paragraph (a)
of this section is presumed to constitute tampering; however, in any
case in which a proscribed act has been committed and it can be shown
that such act resulted in no increase in the noise level of the vehicle
or that the vehicle still meets the noise emission standard of
Sec. 205.52, such act will not constitute tampering.
(d) The provisions of this section are not intended to preclude any
State or local jurisdiction from adopting and enforcing its own
prohibitions against the removal or rendering inoperative of
[[Page 117]]
noise control systems on vehicles subject to this part.
[41 FR 15544, Apr. 13, 1976, as amended at 47 FR 57715, Dec. 28, 1982;
48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.58-3]
[Page 117]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.58-3 Instructions for maintenance, use and repair.
(a)(1) The manufacturer shall provide to the ultimate purchaser of
each vehicle covered by this subpart written instructions for the proper
maintenance, use and repair of the vehicle in order to provide
reasonable assurance of the elimination or minimization of noise
emission degradation throughout the life of the vehicle.
(2) The purpose of the instructions is to inform purchasers and
mechanics of those acts necessary to reasonably assure that degradation
of noise emission level is eliminated or minimized during the life of
the vehicle. Manufacturers should prepare the instructions with this
purpose in mind. The instructions should be clear and, to the extent
practicable, written in nontechnical language.
(3) The instructions must not be used to secure an unfair
competitive advantage. They should not restrict replacement equipment to
original equipment or service to dealer service. Manufacturers who so
restrict replacement equipment should be prepared to make public any
performance specifications on such equipment.
(b) For the purpose of encouraging proper maintenance, the
manufacturer shall provide a record or log book which shall contain a
schedule for the performance of all required noise emission control
maintenance. Space shall be provided in this record book so that the
purchaser can note what maintenance was done, by whom, where and when.
[41 FR 15544, Apr. 13, 1976, as amended at 47 FR 57716, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.59]
[Page 117-119]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart B--Medium and Heavy Trucks
Sec. 205.59 Recall of noncomplying vehicles.
(a) Pursuant to section 11(d)(1) of the Act, the Administrator may
issue an order to the manufacturer to recall and repair or modify any
vehicle distributed in commerce not in compliance with this subpart.
(b) A recall order issued pursuant to this section shall be based
upon a determination by the Administrator that vehicles of a specified
category or configuration have been distributed in commerce which do not
conform to the regulations. Such determination may be based on:
(1) A technical analysis of the noise emission characteristics of
the category or configuration in question; or
(2) Any other relevant information, including test data.
(c) For the purposes of this section, noise emissions may be
measured by any test prescribed in Sec. 205.54 for testing prior to sale
or any other test which has been demonstrated to correlate with the
prescribed test procedure.
(d) Any such order shall be issued only after notice and an
opportunity for a hearing.
(e) All costs, including labor and parts, associated with the recall
and repair or modification of non-complying vehicles under this section
shall be borne by the manufacturer.
(f) This section shall not limit the discretion of the Administrator
to take any other actions which are authorized by the Act.
Appendix I to Subpart B
Table I--Sample Size Code Letters
------------------------------------------------------------------------
Batch size Code letter
------------------------------------------------------------------------
4 to 8....................................... A.
9 to 15...................................... B.
16 to 25..................................... C.
26 and larger................................ D.
------------------------------------------------------------------------
Table II--Sampling Plans for Inspecting Batches
----------------------------------------------------------------------------------------------------------------
Batch inspection
Test Cumulative criteria
Sample size code letter Test sample sample test -----------------------
size sample Acceptance Rejection
size No. No.
----------------------------------------------------------------------------------------------------------------
A..................................... 1st..................... 4 4 0 1
B..................................... 1st..................... 3 3 0 1
[[Page 118]]
C..................................... 1st..................... 3 3 0 2
2d...................... 3 6 1 2
D..................................... 1st..................... 2 2 (\1\) 2
2d...................... 2 4 (\1\) 2
3d...................... 2 6 0 2
4th..................... 2 8 0 3
5th..................... 2 10 1 3
6th..................... 2 12 1 3
7th..................... 2 14 2 3
----------------------------------------------------------------------------------------------------------------
\1\ Batch acceptance not permitted at this sample size.
Table III--Batch Sequence Plans
----------------------------------------------------------------------------------------------------------------
Sequence inspection
Cumulative criteria
Sample size code letter Number of number of -----------------------
batches batches Acceptance Rejection
No. No.
----------------------------------------------------------------------------------------------------------------
A............................................................... 2 2 1 (\2\)
2 4 2 4
2 6 3 5
2 8 4 5
B............................................................... 2 2 0 (\2\)
2 4 1 4
2 6 2 5
2 8 3 5
2 10 4 6
2 12 5 6
C............................................................... 2 2 (\1\) 2
2 4 0 2
2 6 0 3
2 8 1 3
2 10 2 4
2 12 3 4
D............................................................... 2 2 0 2
2 4 1 3
2 6 2 4
2 8 3 4
----------------------------------------------------------------------------------------------------------------
\1\ Batch sequence acceptance not permitted for this number of batches.
\2\ Batch sequence rejection not permitted for this number of batches.
Table IV--Recommended Format for Vehicle Noise Data Sheet
Test Report Number:....................... Manufacturer:.............. ........................... ..........
VEHICLE:
Trade Name:............................... VIN:....................... ........................... ..........
Model Year:............................... Other Reference No:........ ........................... ..........
Configuration Identification:............. Category Identification:... ........................... ..........
Test Site Identification and Location:.... ........................... ........................... ..........
INSTRUMENTATION:
Microphone Manufacturer:.................. Model No:.................. Serial No:................. ..........
Sound Level Manufacturer:................. Model No:.................. Serial No:................. ..........
Calibrator Manufacturer:.................. Model No:.................. Serial No:................. ..........
Other and Manufacturer:................... Model No:.................. Serial No:................. ..........
TEST DATA:
Approach Gear:............................ Date of Test:.............. ........................... ..........
Approach RPM:............................. Temp:...................... Wind:...................... ..........
Acceleration Test:................................................................................ ..........
Deceleration Test:...................... ...........................
[[Page 119]]
----------------------------------------------------------------------------------------------------------------
Acceleration Test
----------------------------------------------------------------------------------------------------------------
Run No.
-----------------------------------------------------------
1 2 3 4 5
----------------------------------------------------------------------------------------------------------------
dBA Left.................................
Right................................
----------------------------------------------------------------------------------------------------------------
Highest RPM attained in End Zone
----------------------------------------------------------------------------------------------------------------
Calculated Sound Pressure............ .......... dBA
ªªªªªªªªªªªªªª
Deceleration Test with Exhaust Brake Applied
ªªªªªªªªªªªªªª
dBA Left.................................
Right................................
----------------------------------------------------------------------------------------------------------------
Calculated Sound Pressure............ .......... dBA
TEST Personnel:.................................................
(Name)
Recorded By:.................................................... Date:.....
....
(Signature)
Supervisor:..................................................... Title:....
.....
(Signature)
----------------------------------------------------------------------------------------------------------------
[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.150]
[Page 119]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.150 Applicability.
Source: 45 FR 86708, Dec. 31, 1980, unless otherwise noted.
(a) Except as otherwise provided in these regulations, the
provisions of this subpart apply to 1983 and subsequent model year
motorcycles manufactured after December 31, 1982, which meet the
definition of ``new product'' in the Act.
(b) The provisions of this subpart do not apply to electric or
battery-powered motorcycles.
(c) Except as provided in Sec. 205.158, the provisions of this
subpart do not apply to competition motorcycles as defined in
Sec. 205.151(a)(3).
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.151]
[Page 119-121]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.151 Definitions.
(a) As used in this subpart and in Subpart E, all terms not defined
herein shall have the meaning given them in the Act or in Subpart A of
this part.
(1) Motorcycle means any motor vehicle, other than a tractor, that:
(i) Has two or three wheels;
(ii) Has a curb mass less than or equal to 680 kg (1499 lb); and
(iii) Is capable, with an 80 kg (176 lb) driver, of achieving a
maximum speed of at least 24 km/h (15 mph) over a level paved surface.
(2) Street motorcycle means:
(i) Any motorcycle that:
(A) With an 80 kg (176 lb) driver, is capable of achieving a maximum
speed of at least 40 km/h (25 mph) over a level paved surface; and
(B) Is equipped with features customarily associated with practical
street or highway use, such features including but not limited to any of
the following: stoplight, horn, rear view mirror, turn signals: or
(ii) Any motorcycle that:
(A) Has an engine displacement less than 50 cubic centimeters;
(B) Produces no more than two brake horse power;
(C) With a 80 kg (176 lb) driver, cannot exceed 48 km/h (30 mph)
over a level paved surface.
(3) Competition motorcycle means any motorcycle designed and
marketed solely for use in closed course competition events.
(4) Off-road motorcycle means any motorcycle that is not a street
motorcycle or competition motorcycle.
(5) Acceleration test procedure means the measurement methodologies
specified in Appendix I.
(6) Acceptable quality level (AQL) means the maximum allowable
average
[[Page 120]]
percentage of vehicles or exhaust systems that can fail sampling
inspection under a Selective Enforcement Audit.
(7) Acoustical Assurance Period (AAP) means a specified period of
time or miles driven after sale to the ultimate purchaser during which a
newly manufactured vehicle or exhaust system, properly used and
maintained, must continue in compliance with the Federal standard.
(8) Advertised Engine Displacement means the rounded off volumetric
engine capacity used for marketing purposes by the motorcycle
manufacturer.
(9) Category means a group of vehicle configurations which are
identical in all material aspects with respect to the parameters listed
in Sec. 205.157-2 of this subpart.
(10) Class means a group of vehicles which are identical in all
material aspects with respect to the parameters listed in Sec. 205.155
of this subpart.
(11) Closed course competition event means any organized competition
event covering an enclosed, repeated or confined route intended for easy
viewing of the entire route by all spectators. Such events include short
track, dirt track, drag race, speedway, hillclimb, ice race, and the
Bonneville Speed Trials.
(12) Closing rpm means the engine speed in Figure 2 of Appendix I.
(13) Configuration means the basic classification unit of a
manufacturer's product line and is comprised of all vehicle designs,
models or series which are identical in all material aspects with
respect to the parameters listed in Sec. 205.157-3 of this subpart.
(14) Engine displacement means volumetric engine capacity as defined
in Sec. 205.153.
(15) Exhaust system means the combination of components which
provides for the enclosed flow of exhaust gas from the engine exhaust
port to the atmosphere. ``Exhaust system'' further means any constituent
components of the combination which conduct exhaust gases and which are
sold as separate products. ``Exhaust System'' does not mean any of the
constituent components of the combination, alone, which do not conduct
exhaust gases, such as brackets and other mounting hardware.
(16) Failing vehicle means a vehicle whose noise level is in excess
of the applicable standard.
(17) Maximum rated RPM means the engine speed measured in
revolutions per minute (RPM) at which peak net brake power (SAE J-245)
is developed for motorcycles of a given configuration.
(18) Model specific code means the designation used for labeling
purposes in Secs. 205.158 and 205.169 for identifying the motorcycle
manufacturer, class, and ``advertised engine displacement,''
respectively.
(19) Model year means the manufacturer's annual production period,
which includes January 1 of any calendar year, or if the manufacturer
has no annual production period, the term ``model year'' shall mean the
calendar year.
(20) Motorcycle noise level means the A-weighted noise level of a
motorcycle as measured by the acceleration test procedure.
(21) Noise control system means any vehicle part, component or
system, the purpose of which includes control or the reduction of noise
emitted from a vehicle, including all exhaust system components.
(22) Noise emission standard means the noise levels in Sec. 205.152
or Sec. 205.166.
(23) Noise emission test means a test conducted pursuant to a
measurement methodology specified in this subpart.
(24) [Reserved]
(25) Serial number means the identification number assigned by the
manufacturer to a specific production unit.
(26) Tampering means the removal or rendering inoperative by any
person, other than for purposes of maintenance, repair, or replacement,
of any device or element of design incorporated into any product in
compliance with regulations under section 6, prior to its sale or
delivery to the ultimate purchaser or while it is in use; or the use of
a product after such device or element of design has been removed or
rendered inoperative by any person.
(27) Test vehicle means a vehicle in a Selective Enforcement Audit
test sample.
(28) Tractor means for the purposes of this subpart, any two or
three wheeled
[[Page 121]]
vehicle used exclusively for agricultural purposes, or for snow plowing,
including self-propelled machines used exclusively in growing,
harvesting or handling farm produce.
(29) Vehicle means any motorcycle regulated pursuant to this
subpart.
(30) Warranty means the warranty required by section 6(d)(1) of the
Act.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.152]
[Page 121-122]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.152 Noise emission standards.
(a) Noise emission standards. (1) Street motorcycles of the
following and subsequent model years must not produce noise emissions in
excess of the levels indicated:
(i) Street motorcycles other than those that meet the definition of
Sec. 205.151(a)(2)(ii):
------------------------------------------------------------------------
A-weighted
Model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 83
(B) 1986.................................................... 80
------------------------------------------------------------------------
(ii) Street motorcycles that meet the definition of
Sec. 205.151(a)(2)(ii) (moped-type street motorcycles):
------------------------------------------------------------------------
A-weighted
Model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 70
------------------------------------------------------------------------
(2) Off-road motorcycles of the following and subsequent model years
must not produce noise emissions in excess of the levels indicated:
(i) Off-road motorcycles with engine displacements of 170 cc and
lower:
------------------------------------------------------------------------
A-weighted
Model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 83
(B) 1986.................................................... 80
------------------------------------------------------------------------
(ii) Off-road motorcycles with engine displacements greater than 170
cc:
------------------------------------------------------------------------
A-weighted
Model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 86
(B) 1986.................................................... 82
------------------------------------------------------------------------
(3) Street motorcycles must be designed, built and equipped so that,
when properly maintained and used, they will not produce noise emissions
in excess of the levels specified in paragraph (a)(1) of this section,
for an Acoustical Assurance Period of one year or a distance of 6000 km
(3730 mi) after the time of sale to the ultimate purchaser, whichever
occurs first.
(4) Off-road motorcycles must be designed, built and equipped so
that, when properly maintained and used, they will not produce noise
emissions in excess of the levels specified in paragraph (a)(2) of this
section, for an Acoustical Assurance Period of one year or a distance of
3000 km (1865 mi) after the time of sale to the ultimate purchaser,
whichever occurs first.
(5) At the time of sale to the ultimate purchaser, all products must
comply with the standards set forth in paragraphs (a)(1) and (2) of this
section.
(b) Measurement procedure. (1) The standards set forth in paragraph
(a) of this section refer to noise emissions as measured in accordance
with the measurement methodology specified in Appendix I-1 for all
motorcycles except those street motorcycles that meet the definition of
Sec. 205.151(a)(2)(ii).
(2) The standards set forth in paragraph (a) of this section for
street motorcycles that meet the definition of Sec. 205.151(a)(2)(ii)
(moped-type street motorcycles) refer to noise emissions measured in
accordance with the measurement methodology specified in Appendix I-2.
(c) Low noise emission product standard. For the purpose of Low-
Noise-Emission Product certification pursuant to 40 CFR part 203,
motorcycles procured by the Federal government after the following dates
must not produce noise emissions in excess of the noise levels
indicated:
(1) For street motorcycles with engine displacement greater than 170
cc:
------------------------------------------------------------------------
A-weighted
Date noise
level (dB)
------------------------------------------------------------------------
(i) January 1, 1982......................................... 73
(ii) January 1, 1989........................................ 71
------------------------------------------------------------------------
(2) For off-road motorcycles with engine displacements greater than
170 cc:
[[Page 122]]
------------------------------------------------------------------------
A-weighted
Date noise
level (dB)
------------------------------------------------------------------------
(i) January 1, 1982......................................... 75
------------------------------------------------------------------------
(3) For off-road motorcycles with engine displacement 170 cc and
lower and street motorcycles with engine displacement 170 cc and lower
that do not meet the definition of Sec. 205.151(a)(2)(ii):
------------------------------------------------------------------------
A-weighted
Date noise
level (dB)
------------------------------------------------------------------------
(i) January 1, 1982......................................... 71
------------------------------------------------------------------------
(4) For street motorcycles that meet the definition of
Sec. 205.151(a)(2)(ii) (moped-type street motorcycles):
------------------------------------------------------------------------
A-weighted
Date noise
level (dB)
------------------------------------------------------------------------
(i) January 1, 1982......................................... 60
------------------------------------------------------------------------
These levels refer to noise emissions as measured in accordance with the
measurement methodologies specified in appendix I. LNEP's must also meet
all requirements contained in paragraphs (a)(3), (4), and (5), of this
section.
(Secs. 10 and 15 of the Noise Control Act, (42 U.S.C. 4909, 4914))
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.153]
[Page 122]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.153 Engine displacement.
(a) Engine displacement must be calculated using nominal engine
values and rounded to the nearest whole cubic centimeter, in accordance
with American Society for Testing Materials (ASTM) E 29-67.
(b) For rotary engines, displacement means the maximum volume of a
combustion chamber between two rotor tip seals minus the minimum volume
of that combustion chamber between those two rotor seals times three
times the number of rotors.
cc=(Maximum chamber volume-minimum chamber volume) x 3 x number of
rotors.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.154]
[Page 122]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.154 Consideration of alternative test procedures.
The Administrator may approve applications from manufacturers of
motorcycles for the approval of test procedures which differ from those
contained in this subpart so long as the alternative procedures have
been demonstrated to correlate with the prescribed procedure. To be
acceptable, alternative test procedures must be such that the test
results obtained will identify all those test motorcycles which would
not comply with the noise emission standards prescribed in Sec. 205.152
when tested in accordance with the measurement methodology specified in
Appendix I. After approval by the Administrator, testing conducted by
manufacturers using alternative test procedures will be accepted by the
Administrator for all purposes including, but not limited to, selective
enforcement audit testing.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.155]
[Page 122]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.155 Motorcycle class and manufacturer abbreviation.
(a) Motorcycles must be grouped into classes determined by separate
combinations of the following parameters:
(1) Engine type:
(i) Gasoline--two stroke.
(ii) Gasoline--four stroke.
(iii) Gasoline--rotary.
(iv) Other.
(2) Engine displacement.
(3) Engine configuration:
(i) Number of cylinders.
(ii) Cylinder arrangement (i.e., in line, opposed, etc.).
(4) Exhaust system:
(i) Muffler: (A) Type, (B) Location, (C) Number.
(ii) Expansion chambers: (A) Location, (B) Size.
(iii) Spark arrestors.
(iv) Other exhaust system components.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.157]
[Page 122]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.157 Requirements.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.157-1]
[Page 122-123]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.157-1 General requirements.
(a) Each manufacturer of vehicles manufactured for distribution in
commerce in the United States which are subject to the standards
prescribed in this subpart and not exempted in accordance with Subpart
A, Sec. 205.5:
(1) Shall be labeled in accordance with the requirements of
Sec. 205.158 of this subpart.
[[Page 123]]
(2) Must ensure that each vehicle conforms to the applicable noise
emission standard establishd in Sec. 205.152 of this subpart.
(b) The requirements of paragraph (a) of this section apply to new
products which conform to the definition of vehicles in these
regulations and at the time such new products are assembled to that
state of completeness in which the manufacturer sends them to a
subsequent manufacturer or otherwise distributes them in commerce.
(c) Subsequent manufacturers of a new product which conforms to the
definition of vehicle in these regulations when received by them from a
prior manufacturer, need not fulfill the requirements of paragraph
(a)(1) of this section where such requirements have already been
complied with by a prior manufacturer.
(d) The manufacturer who is required to conduct product verification
testing to demonstrate compliance with a particular standard, must
satisfy all other provisions of this subpart applicable to that
standard, including but not limited to, record keeping, reporting and
in-use requirements.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.157-2]
[Page 123-124]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.157-2 Compliance with standards.
(a)(1) Prior to distribution in commerce of vehicles of a specific
configuration, the first manufacturer of such vehicle must verify such
configurations in accordance with the requirements of this subpart.
(2) [Reserved]
(3) At any time following receipt of notice under paragraph
(a)(2)(iii) of this section with respect to a configuration, the
Administrator may require that the manufacturer ship test vehicles to an
EPA test facility for the required production verification testing.
(b) The requirements for purposes of testing by the Administrator
and selective enforcement auditing with regard to each vehicle
configuration consist of:
(1) Testing in accordance with Sec. 205.160-4 of a vehicle selected
in accordance with Sec. 205.160-2.
(2) Compliance of the test vehicle with the applicable standard when
tested in accordance with Sec. 205.160-4.
(c)(1) In lieu of testing vehicles of every configuration as
described in paragraph (b) of this section, the manufacturer may elect
to verify the configuration based on representative testing. The
requirements of representative testing are:
(i) Grouping configurations into categories where each category is
determined by a separate combination of at least the following
parameters (a manufacturer may use more parameters):
(A) Engine type: (1) Gasoline-two stroke; (2) gasoline-four stroke;
(3) gasoline-rotary; and (4) other.
(B) Engine displacement.
(C) Engine configuration: (1) Number of cylinders; and (2) cylinder
arrangement (i.e., in line, opposed, etc.)
(ii) Identifying the configuration within each category which emits
the highest A-weighted sound level (in dB).
(iii) Testing in accordance with Sec. 205.160-4 of a vehicle
selected in accordance with Sec. 205.160-2 which much be a vehicle of
the configuration which is identified pursuant to paragraph (c)(1)(ii)
of this section as having the highest sound pressure level (estimated or
actual) within the category.
(iv) Demonstrating compliance of that vehicle with the applicable
standard when tested in accordance with the test procedure specified in
Appendix I.
(2) Where the requirements of paragraph (c)(1) of this section are
complied with, all those configurations contained within a category are
considered represented by the tested vehicle.
(3) Where the manufacturer tests a vehicle configuration which has
not been determined as having the highest sound pressure level of a
category, but all other requirements of paragraph (c)(1) of this section
are complied with, all those configurations contained within that
category which are determined to have sound pressure levels not greater
than the tested vehicle are considered to be represented by the tested
vehicle; however, a manufacturer must for purposes of Testing by the
Administrator and Selective Enforcement Auditing verify according to the
requirements of (b)(1) and/or (c)(1) of this section any configurations
in
[[Page 124]]
the subject category which have a higher sound pressure level than the
vehicle configuration tested.
(d) A manufacturer may elect for purposes of Testing by the
Administrator and Selective Enforcement Auditing to use representative
testing pursuant to paragraph (c) of this section for all or part of his
product line.
(e) The manufacturer has the following alternatives if any test
vehicle is determined to not be in compliance with applicable standards:
(1) In the case of representative testing, a new test vehicle from
another configuration must be selected according to the requirements of
paragraph (c) of this section, in order to verify the configurations
represented by the non-compliant vehicle.
(2) Modify the test vehicle and demonstrate by testing that it meets
applicable standards. The manufacturer must modify all production
vehicles of the same configuration in the same manner as the test
vehicle before distribution into commerce.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57720, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.157-3]
[Page 124]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.157-3 Configuration identification.
(a) A separate vehicle configuration shall be determined by each
combination of the following parameters:
(1) Exhaust system (engine): (i) Mufflers; (ii) expansion chambers;
(iii) spark arrestors; and (iv) other exhaust system components.
(2) Air induction system (engine): (i) Intake muffler; (ii) intake
ducting; and (iii) air cleaner element.
(3) Vehicle drive train: (i) Chain; and (ii) shaft.
(4) Transmission gear ratio: (i) Standard transmission; and (ii)
automatic transmission.
(5) Cooling system configuration: (i) Natural air cooled; (ii)
liquid cooled; and (iii) forced air cooled.
(6) Category parameters listed in Sec. 205.157-2.
(b) [Reserved]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.158]
[Page 124-125]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.158 Labeling requirements.
(a)(1) The manufacturer of any vehicle subject to this subpart must,
at the time of manufacture, affix a label, of the type specified in
paragraphs (a)(2), (3), and (4) of this section, to all such vehicles to
be distributed in commerce.
(2) The label must be plastic or metal and be welded, riveted, or
otherwise permanently attached in a readily visible position.
(3) The label must be affixed by the vehicle manufacturer to the
vehicle in such a manner that the label cannot be removed without
destroying or defacing it, and must not be affixed to any piece of
equipment that is easily detached from such vehicle.
(4) The label must be lettered in the English language in legible
block letters and numerals, which must be of a color that contrasts with
the background of the label.
(5) The label must contain the following information:
(i) The label heading: Motorcycle Noise Emission Control
Information;
(ii) The statement:
This ______ (model year) ______ (model specific code) motorcycle,
______ (serial number), meets EPA noise emission requirements of ______
(noise emission standard) dBA at ______ (closing rpm) rpm by the Federal
test procedure. Modifications which cause this motorcycle to exceed
Federal noise standards are prohibited by Federal law. See owner's
manual.
(6) The model specific code is limited to ten spaces which includes
three spaces for the manufacturer's abbreviation (see paragraph (a)(7)
of this section), three spaces for the class identification, and four
spaces for the advertised engine displacement respectively.
(7) All motorcycle manufacturers shall use the following
abbreviations in their model specific code.
BMW.......................................... BMW
Bultaco...................................... BUL
Can-Am Bombardier............................ CAB
Chaparral.................................... CHA
Cheeta....................................... CHE
Ducati....................................... DUC
Fox.......................................... FOX
Harley Davidson.............................. HAR
Heald........................................ HEA
Hercules..................................... HER
Hodaka....................................... HOD
Honda........................................ HON
Husqvarna.................................... HUS
JAWA/CZ...................................... JAW
Kawasaki..................................... KAW
KTM.......................................... KTM
Laverda...................................... LAV
Moto Benilli................................. BEN
Moto Guzzi................................... GUZ
Moto Morini.................................. MOR
[[Page 125]]
MV Agusta.................................... MVA
Norton Triumph............................... TRI
Rokon........................................ ROK
Suzuki....................................... SUZ
Yamaha....................................... YAM
(8) Moped manufacturers only shall use the following abbreviations
in their model specific code.
AMF.......................................... AMF
Benelli...................................... BEL
Califfo...................................... CAL
Carabela..................................... CAR
Cimatti...................................... CIM
Columbia..................................... COL
E-Z Rider.................................... EZR
Flying Dutchman.............................. FLY
Foxi......................................... FOI
Gadabout..................................... GAD
Garelli...................................... GAR
Gitane....................................... GIT
Honda........................................ HON
Indian....................................... IND
Intramotor................................... INT
Italvelo..................................... ITA
Kreidler..................................... KRE
Lazer........................................ LAZ
Malagati..................................... MAL
Morini....................................... MOI
Motobecane/Solex............................. MBE
Moto Guzzi................................... GUZ
Negrini...................................... NEG
Odyssey...................................... ODY
Pacer........................................ PAC
Pack-A-Way................................... PAK
Peugeot...................................... PEU
Puch......................................... PUC
Riviera...................................... RIV
Sachs........................................ SAC
Safari....................................... SAF
Scorpion..................................... SCO
Smily........................................ SMI
Snark........................................ SNA
Sori II...................................... SON
Speed Bird................................... SPE
Sprinter..................................... SPR
SuVega....................................... SUV
Tomas........................................ TOM
Vaespa....................................... VES
Yankee Peddler............................... YAN
(9) If a new motorcycle manufacturer begins production of vehicles
subject to this regulation, the Administrator will assign him a 3-letter
manufacturer abbreviation as soon as reasonably practical after his
existence is known to the Agency.
(b) Any vehicle manufactured in the United States solely for use
outside the United States must be clearly labeled in accordance with the
provisions of paragraphs (a) (2), (3), and (4) of this section with the
statement; ``For Export Only''.
(c) Any competition motorcycle as defined in Sec. 205.151(a)(3),
shall be labeled in accordance with the provisions of paragraphs (a)(1),
(2), (3) and (4) of this section with the statement:
This motorcycle is designed for closed course competition use only.
It does not conform to U.S. EPA motorcycle noise standards.
(d) It will be permissible for manufacturers to meet the
requirements of this section by consolidating these labeling
requirements with other government labeling requirements in one or more
labels, provided the provisions of paragraphs (a) (2), (3) and (4) of
this section are met.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.159]
[Page 125-126]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.159 Testing by the Administrator.
(a)(1) In order for the Administrator to determine whether such
vehicles or a manufacturer's test facility conform to applicable
regulations, the Administrator may require that vehicles to be tested
pursuant to the Act be submitted to him, at such place and time as he
reasonably designates. He may designate the quantity of vehicles and the
duration of time he reasonably requires for the purpose of conducting
tests in accordance with test procedures described in appendix I. The
manner in which the Administrator conducts such tests, the EPA test
facility, and the test procedures employed will be based upon good
engineering practice and meet or exceed the requirements of appendix I
of the regulations.
(2) If the Administrator specifies that he will conduct such testing
at the manufacturer's facility, the manufacturer shall make available
instrumentation and equipment of the type required for test operations
by these regulations. The Administrator may conduct such tests with his
own equipment, having specifications equal to or exceeding the
performance specifications of the instrumentation and equipment required
in these regulations.
(3) The manufacturer may observe tests conducted by the
Administrator pursuant to this section on vehicles produced by the
manufacturer and may copy the data accumulated from such tests. The
manufacturer may inspect any of the vehicles before and after testing by
the Administrator.
(b)(1) If, based on tests conducted by the Administrator, or on
other relevant information, the Administrator determines that the test
facility does
[[Page 126]]
not meet the requirements of appendix I (or the requirements for an
alternative test procedure approved under Sec. 205.154), the
Administrator will give notice to the manufacturer in writing of his
determination and the reasons underlying it.
(2) The manufacturer may, at any time within 15 days after receipt
of a notice issued under paragraph (b)(1) of this section, request a
hearing conducted in accordance with 5 U.S.C. 554 on the issue of
whether his test facility met the requirements as specified in appendix
I (or the alternative procedure). Such notice will not take effect until
15 days after its receipt by the manufacturer or, if a hearing is
requested under this paragraph, until adjudication by the Administrative
law judge.
(3) After any notice issued under paragraph (b)(1) of this section
has taken effect, no data thereafter derived from that test facility
will be acceptable for purposes of this subpart.
(4) The manufacturer may request in writing that the Administrator
reconsider his determination under paragraph (b)(1) of this section
based on data or information which indicates that changes have been made
to the test facility and that those changes have resolved the reasons
for disqualification.
(5) Within 10 working days after receipt of the manufacturer's
request for reconsideration pursuant to paragraph (b)(4) of this
section, the Administrator will notify the manufacturer of his
determination and of the reasons underlyng it with regard to the
requalification of the test facility.
(c) The Administrator will assume all reasonable costs associated
with shipment of vehicles to the place designated pursuant to paragraph
(a) of this section except with respect to:
(1) Any production verification testing performed at a place other
than the manufacturer's facility as provided in Sec. 205.157-2(a), or as
a result of the manufacturer's not owning or having access to a test
facility;
(2) Testing of a reasonable number of vehicles (i) for purposes of
selective enforcement auditing under Sec. 205.160, (ii) or if the
manufacturer has failed to establish that there is a correlation between
its test facility and the EPA test facility, (iii) or the Administrator
has reason to believe, and provides the manufacturer with a statement of
such reason, that the vehicles to be tested would fail to meet the
standard prescribed in this subpart if tested at the EPA test facility
even though they would meet such standard if tested at the
manufacturer's test facility;
(3) Any testing performed during a period when a notice issued
pursuant to paragraph (b) of this section is in effect;
(4) Any testing performed at a place other than the manufacturer's
facility as a result of the manufacturer's failure to permit the
Administrator to conduct or monitor testing as required by this subpart;
and
(5) Testing of up to 10 percent of the manufacturer's test vehicles
for a model year if the Administrator determines testing these vehicles
at the EPA test site is necessary to assure that a manufacturer has
acted or is acting in compliance with the Act.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-1]
[Page 126-127]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-1 Test request.
(a) The Administrator will request all testing under Sec. 205.160 by
means of a test request addressed to the manufacturer.
(b) The test request will be signed by the Assistant Administrator
for Enforcement or his designee. The test request will be delivered to
the plant manager or other responsible official as designated by the
manufacturer.
(c) The test request will specify the vehicle category,
configuration or configuration subgroup selected for testing, the
manufacturer's plant or storage facility from which the vehicles must be
selected, and the time at which the vehicles must be selected. The test
request will also provide for situations in which the selected category,
configuration, or configuration subgroup is unavailable for testing. The
test request may include an alternative category, configuration, or
configuration subgroup designated for testing in the event that vehicles
of
[[Page 127]]
the first specified category, configuration, or configuration subgroup
are not available for testing because the vehicles are not being
manufactured at the specified plant, are not being manufactured during
the specified time, or are not being stored at the specified plant or
storage facility.
(d)(1) If the manufacturer projects a yearly production of fewer
than 50 vehicles of the specified category, configuration or
configuration subgroup to be tested, then within five (5) days of
receipt of the request, the manufacturer must notify the Administrator
of such low volume production. The Administrator will then provide a
revised test request specifying a testing plan which imposes no greater
risk of failure (5%) at the acceptable quality level (10%) than the plan
in Appendix II. Upon receipt of the revised test request, the
manufacturer must select and test a sample of vehicles from the
category, configuration or configuration subgroup specified in the test
request in accordance with this subpart and the conditions specified in
the test request.
(2) If the manufacturer produces 50 or more vehicles of the
specified category, configuration or configuration subgroup per year,
then upon receipt of the test request, the manufacturer must select and
test a sample of vehicles from the category, configuration or
configuration subgroup specified in the test request in accordance with
this subpart and the conditions specified in the test request.
(e)(1) Any testing conducted by the manufacturer under a test
request must be initiated within the time period specified in the test
request; except that initiation may be delayed for increments of 24
hours or one business day where ambient test site weather conditions, or
other conditions beyond the control of the manufacturer, in that 24-hour
period, do not permit testing. The manufacturer must record the
conditions for this period.
(2) The manufacturer must complete noise emission testing on a
minimum of ten vehicles per day unless otherwise provided by the
Administrator or unless ambient test site conditions permit only the
testing of a lesser number in which case the ambient test site weather
conditions for that period must be recorded.
(3) The manufacturer is allowed 24 hours to ship vehicles from a
sample from the assembly plant to the testing facility if the facility
is not located at the plant or in close proximity to the plant. The
Administrator may approve more time based upon a request by the
manufacturer accompanied by a satisfactory justification.
(f) The Administrator may issue an order to the manufacturer to
cease distribution in commerce of vehicles of a specified category,
configuration, or configuration subgroup being manufactured at a
particular facility, if:
(1) The manufacturer refuses to comply with the provisions of a test
request issued by the Administrator under this section; or
(2) The manufacturer refuses to comply with any of the requirements
of this section.
(g) A cease distribution order will not be issued under paragraph
(f) of this section if the manufacturer's refusal is caused by
conditions and circumstances outside his control which render compliance
with the provisions of a test request or with any other requirements of
this section impossible. Conditions and circumstances outside the
control of the manufacturer include, but are not limited to, the
temporary unavailability of equipment and personnel needed to conduct
the required tests caused by uncontrollable factors, such as equipment
breakdown or failure or illness of personnel. Failure of the
manufacturer to adequately plan for and provide the equipment and
personnel needed to conduct the tests do not constitute uncontrollable
factors. The manufacturer must bear the burden of establishing the
presence of the conditions and circumstances required by this paragraph.
(h) Any order to cease distribution will be issued only after a
notice and opportunity for a hearing in accordance with 5 U.S.C. 554.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-2]
[Page 127-128]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-2 Test sample selection and preparation.
(a) Vehicles comprising the sample which are required to be tested
under a test request in accordance with this subpart must be selected
consecutively
[[Page 128]]
as they are produced. Before the official test, the test vehicle must
not be prepared, tested, modified, adjusted, or maintained in any manner
unless such preparation, tests, modifications, adjustments or
maintenance are part of the manufacturer's prescribed manufacturing and
inspection procedures, and are documented in the manufacturer's internal
vehicle assembly and inspection procedures, are required or permitted
under this subpart, or are approved in advance by the Administrator. For
purposes of this section, prescribed manufacturing and inspection
procedures include quality control testing and assembly procedures
normally performed by the manufacturer on like products during early
production if the resulting testing is not biased by this procedure. In
the case of imported products, the manufacturer may perform adjustments,
preparations, modification or tests normally performed at the port of
entry by the manufacturer to prepare the vehicle for delivery to a
dealer or customer.
(1) Equipment or fixtures necessary to conduct the test may be
installed on the vehicle if such equipment or fixtures have no effect on
the noise emissions of the vehicle, as determined by the measurement
methodology.
(2) In the event of a vehicle malfunction (i.e., failure to start,
etc.) the manufacturer may perform the maintenance that is necessary to
enable the vehicle to operate in a normal manner. This maintenance must
be documented and reported in the SEA report.
(3) No quality control, quality assurance testing, assembly or
selection procedures may be used on the test vehicle or any portion of
the test vehicle including parts and subassemblies, unless such quality
control, quality assurance testing, assembly or selection procedures are
used normally during the production and assembly of all other vehicles
of this configuration which will be distributed in commerce, are
required or permitted under this subpart or are approved in advance by
the Administrator.
(4) If a vehicle is unable to complete the noise tests, the
manufacturer may replace the vehicle. Any replacement vehicle must be a
production vehicle of the same configuration as the replaced vehicle or
a noisier configuration and will be subject to all the provisions of
these regulations. Any replacement must be reported in the SEA report.
(b) The Acceptable Quality Level (AQL) is 10 percent. The
appropriate sampling plans associated with the designated AQL are
contained in Appendix II or the test request.
(c) The vehicles of the category, configuration or configuration
subgroup selected for testing must be assembled by the manufacturer for
distribution in commerce using the manufacturer's normal production
process.
(d) Unless otherwise indicated in the test request, the manufacturer
must initiate testing with the vehicles of the category, configuration
or configuration subgroup specified in the test request which are next
scheduled for production after receipt of the test request.
(e) The manufacturer must keep on hand all products in the test
sample until the sample is accepted or rejected in accordance with
Sec. 205.160-6; except that vehicles actually tested and found to be in
conformance with this regulation need not be kept.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-4]
[Page 128]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-4 Testing procedures.
(a) The manufacturer must conduct one valid test in accordance with
the appropriate test procedures specified in Appendix I, on each vehicle
selected for testing under this subpart.
(b) In the event a vehicle is unable to complete the noise emission
test, the manufacturer may replace the vehicle. Any replacement vehicle
must be a production vehicle of the same category, configuration or
subgroup as the vehicle which it replaced, and it is subject to all the
provisions of this subpart.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-5]
[Page 128-129]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-5 Reporting of the test results.
(a)(1) The manufacturer must submit a copy of the test report for
all testing conducted pursuant to Sec. 205.160 at the
[[Page 129]]
conclusion of each 24-hour period during which testing is done.
(2) For each test conducted the manufacturer must provide the
following information:
(i) Category, configuration or configuration subgroup identification
where applicable;
(ii) Year, make, assembly date, and model of vehicle;
(iii) Vehicle serial number; and
(iv) Test results by serial numbers.
(b) In the case where an EPA Enforcement Officer is present during
testing required by this subpart, the written reports requested in
paragraph (a) of this section may be given directly to the Enforcement
Officer.
(c) Within 5 days after completion of testing of an SEA, the
manufacturer must submit to the Administrator a final report which will
include the following:
(1) The name, location, and description of the manufacturer's noise
emission test facilities which meet the specifications of Appendix I,
and were utilized to conduct testing reported under this section,
except, that a test facility that has been described in a previous
submission under this subpart need not again be described, but must be
identified as that facility.
(2) The following information for each noise emission test
conducted:
(i) The individual records for the test vehicles required by
Sec. 205.161(a)(2) for all noise emission tests including for each
invalid test, the reason for invalidation.
(ii) A complete description of any modification, repair,
preparation, maintenance, or testing which could affect the noise
emissions of the product and which was performed on the test vehicle but
not performed on all other production vehicles; and,
(iii) The test results for any replaced vehicle and the reason for
its replacement.
(3) A complete description of the sound data acquisition system if
other than those specified in Appendix I.
(4) The following statement and endorsement:
This report is submitted pursuant to section 6 and section 13 of the
Noise Control Act of 1972. To the best of ______ (company name)
knowledge, all testing for which data are reported here was conducted in
strict conformance with applicable regulations under 40 CFR part 205 et
seq., all the data reported here are a true and accurate representation
of such testing, and all other information reported here is true and
accurate. I am aware of the penalties associated with violations of the
Noise Control Act of 1972 and the regulations thereunder. ______
(authorized representative).
(5) Additional information required by the test request.
(d) Information required to be submitted to the Administrator under
this section must be sent to the following address: Director, Noise and
Radiation Enforcement Division, (EN-387), U.S. Environmental Protection
Agency, Washington, DC 20460.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-6]
[Page 129]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-6 Passing or failing under SEA.
(a) A failing vehicle is one whose measured noise level is in excess
of the applicable noise emission standard in Sec. 205.152.
(b) The number of failing vehicles in a sample determines whether
the sample passes or fails (See applicable tables in Appendix II). If
the number of failing vehicles is greater than or equal to the number of
Column B, the sample fails. If the number of failing vehicles is less
than or equal to the number in Column A, the sample passes.
(c) Pass or failure of an SEA takes place when a decision that a
vehicle is a passing or failing unit is made on the last vehicle
required to make a decision under paragraph (b) of this section.
(d) If the manufacturer passes the SEA, he will not be required to
perform any additional testing on subsequent vehicles to satisfy the
test request.
(e) The Administrator may terminate testing earlier than required in
paragraph (b) of this section, based on a request by the manufacturer,
accompanied by voluntarily ceasing distribution in commerce of vehicles
from the category, configuration or configuration subgroup in question,
manufactured at the plant which produced the products being tested.
Before reinitiating distribution in commerce of that vehicle category,
configuration or configuration subgroup from that plant, the
manufacturer must take the action described in Sec. 205.160-8(a)(1) and
(2).
[[Page 130]]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-7]
[Page 130]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-7 Continued testing.
(a) If an SEA failure occurs according to paragraph (b) of
Sec. 205.160-6, the Administrator may require that any or all vehicles
of that category, configuration or configuration subgroup produced at
that plant be tested before distribution in commerce.
(b) The Administrator will notify the manufacturer in writing of his
intent to require continued testing of vehicles under paragraph (a) of
this section.
(c) The manufacturer may request a hearing on the issues of whether
the SEA was conducted properly; whether the criteria for SEA failure
have been met; and the appropriateness or scope of a continued testing
order. If a hearing is requested, the hearing will begin no later than
15 days after the date on which the Administrator received the hearing
request. Neither the request for a hearing nor the fact that a hearing
is in progress will affect the responsibility of the manufacturer to
commence and continue testing required by the Administrator pursuant to
paragraph (a) of this section.
(d) Any tested vehicle which demonstrates conformance with the
applicable standard may be distributed into commerce.
(e) Any distribution into commerce of a vehicle which does not
comply with the applicable standard is a prohibited act.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.160-8]
[Page 130]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.160-8 Prohibition of distribution in commerce; manufacturer's remedy.
(a) The Administrator will permit the manufacturer to cease testing
under Sec. 205.160-7 after the manufacturer has taken the following
actions:
(1) Submission of a written report to the Administrator which
identifies the reason for the noncompliance of the vehicles, describes
the problem and/or quality control or quality assurance remedies to be
taken by the manufacturer to correct the problem.
(2) Demonstration that the specified vehicle category, configuration
or configuration subgroup has passed a retest conducted in accordance
with Sec. 205.160, and the conditions specified in the test request.
(b) The manufacturer may begin testing under paragraph (a)(2) of
this section upon submitting the report required by paragraph (a)(1) of
this section, and may cease continued testing upon making the
demonstration required by paragraph (a)(2) of this section. The
Administrator may require resumption of continued testing if he
determines that the manufacturer has not satisfied the requirements of
paragraphs (a)(1) and (2) of this section.
(c) Any vehicle failing the prescribed noise emission tests
conducted pursuant to appendix I may not be distributed in commerce
until necessary adjustments or repairs have been made and the vehicle
passes a retest.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.162]
[Page 130]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.162 In-use requirements.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.162-1]
[Page 130]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.162-1 Warranty.
(a) The vehicle manufacturer who is required to production verify
under this subpart must include in the owner's manual or in other
information supplied to the ultimate purchaser the following statement:
NOISE EMISSIONS WARRANTY [RESERVED]
(b) [Reserved]
[45 FR 86708, Dec. 31, 1980, as amended at 48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.162-2]
[Page 130-131]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.162-2 Tampering.
(a) For each configuration of vehicles covered by this part, the
manufacturer shall develop a list of acts which, in his judgment,
constitute the removal or rendering totally or partially inoperative,
other than for purposes of maintenance, repair, or replacement of noise
control devices or elements of design of the vehicle.
(b) The manufacturer shall include in the owner's manual the
following information:
(1) The statement:
Tampering With Noise Control System Prohibited
Federal law prohibits the following acts or causing thereof:
(1) The removal or rendering inoperative by any person other than
for purposes of maintenance, repair, or replacement, of any device or
element of design incorporated into
[[Page 131]]
any new vehicle for the purpose of noise control prior to its sale or
delivery to the ultimate purchaser or while it is in use, or (2) the use
of the vehicle after such device or element of design has been removed
or rendered inoperative by any person.
(2) The statement:
Among those acts presumed to constitute tampering are the acts
listed below.
Immediately following this statement, the manufacturer must include the
list developed under paragraph (a) of this section.
(c) Any act included in the list prepared pursuant to paragraph (a)
of this section is presumed to constitute tampering; however, in any
case in which a presumed act of tampering has been committed and it can
be shown that such act resulted in no increase in the noise level of the
vehicle or that the vehicle still meets the noise emission standard of
Sec. 205.152, the act will not constitute tampering.
(d) The provisions of this section are not intended to preclude any
State or local jurisdiction from adopting and enforcing its own
prohibitions against the removal or rendering inoperative of noise
control systems on vehicles subject to this part.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57721, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.162-3]
[Page 131]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.162-3 Instructions for maintenance, use, and repair.
(a)(1) The manufacturer must provide to the purchaser of each
vehicle covered by this subpart written instructions for the proper
maintenance, use, and repair of the vehicle in order to provide
reasonable assurance of the elimination or minimization of noise
emission degradation throughout the life of the vehicle.
(2) The purpose of the instructions is to inform purchasers and
mechanics of the acts necessary to reasonably assure that degradation of
noise emission level is eliminated or minimized during the life of the
vehicle. Manufacturers shall prepare the instructions with this purpose
in mind. The instructions shall be clear and, to the extent practicable,
written in non-technical language.
(3) The instructions must not be used to secure an unfair
competitive advantage. They shall not restrict replacement equipment to
original equipment or restrict service to dealer service unless such
manufacturer makes public the performance specifications on such
equipment.
(b) For the purpose of encouraging proper maintenance, the
manufacturer must provide a record or log book which shall contain a
schedule for the performance of all required noise emission control
maintenance. Space must be provided in this record book so that the
purchaser can note what maintenance was done, by whom, where, and when.
[45 FR 86708, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.163]
[Page 131-132]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart D--Motorcycles
Sec. 205.163 Recall of noncomplying motorcycles; relabeling of mislabeled motorcycles.
(a) Pursuant to section 11(d)(1) of the Act, the Administrator may
issue an order to the manufacturer to recall, repair, modify, or relabel
any vehicles distributed in commerce which are not in compliance with
this subpart.
(b) A recall order issued under this section shall be based upon a
determination by the Administrator that vehicles of a specified
category, configuration, or class which do not conform to the
regulations or are improperly labeled have been distributed in commerce.
This determination may be based on: (1) A technical analysis of the
noise emission characteristics of the category, configuration, or class
in question; or (2) any other relevant information, including test data.
(c) For the purpose of this section, noise emissions are to be
measured by the appropriate test procedure prescribed in appendix I
prior to sale or any other test which has been demonstrated to correlate
with the prescribed test procedure in accordance with Sec. 205.154.
(d) Any order to recall shall be issued only after notice and an
opportunity for a hearing.
(e) All cost, including labor and parts, associated with the recall
and repair or modification of noncomplying vehicles and relabeling of
mislabeled vehicles under this section shall be borne by the
manufacturer.
(f) This section shall not limit the discretion of the Administrator
to take
[[Page 132]]
any other actions which are authorized by the Act.
Appendix I to Subparts D and E--Motorcycle Noise Emission Test
Procedures
Editorial Note: The text of appendix I follows subpart E.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.164]
[Page 132]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.164 Applicability.
Authority: Sec. 6 of the Noise Control Act (42 U.S.C. 4905).
Source: 45 FR 86718, Dec. 31, 1980, unless otherwise noted.
(a) Except as otherwise provided in these regulations, the
provisions of this subpart apply to any motorcycle replacement exhaust
system or motorcycle replacement exhaust system component which:
(1) Meets the definition of the term ``new product'' in the Act; and
(2) Is designed and marketed for use on any motorcycle subject to
the provisions of subpart D of this part.
(b) The provisions of Sec. 205.169 additionally apply to the
motorcycle exhaust systems originally installed on vehicles subject to
the requirements of subpart D of this part.
(c) The provisions of Sec. 205.169(d)(3) additionally apply to
motorcycle replacement exhaust systems manufactured after January 1,
1983 that are designed and marketed for use on motorcycles manufactured
before January 1, 1983.
(d) Except as provided for in Sec. 205.169, the provisions of this
subpart do not apply to exhaust systems which are designed and marketed
solely for use on competition motorcycles as defined in
Sec. 205.151(a)(3).
(e) The provisions of the subpart do not apply to exhaust header
pipes sold as separate products.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.165]
[Page 132]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.165 Definitions.
(a) As used in this subpart, all terms not defined herein have the
meaning given them in subpart D of this part or in the Act.
(1) Category means a group of exhaust systems which are identical in
all material aspects with respect to the parameters listed in
Sec. 205.168 of this subpart.
(2) Exhaust header pipe means any tube of constant diameter which
conducts exhaust gas from an engine exhaust port to other exhaust system
components which provide noise attenuation. Tubes with cross connections
or internal baffling are not considered to be ``exhaust header pipes.''
(3) Failing exhaust system means that, when installed on any
Federally regulated motorcycle for which it is designed and marketed,
that motorcycle and exhaust system exceed the applicable standards.
(4) Federally regulated motorcycle means, for the purpose of this
subpart, any motorcyle subject to the noise standards of subpart D of
this part.
(5) Federal standards means, for the purpose of this subpart, the
standards specified in Sec. 205.152(a)(1), (2) and (3).
(6) [Reserved]
(7) Stock configuration means that no modifications have been made
to the orginal equipment motorcycle that would affect the noise
emissions of the vehicle when measured according to the acceleration
test procedure.
(8) Test exhaust system means an exhaust system in Selective
Enforcement Audit test sample.
(b) [Reserved]
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.166]
[Page 132-134]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.166 Noise emission standards.
(a) Noise emission standards. (1) Exhaust systems and exhaust system
components that are designed and marketed for use on any Federally
regulated street motorcycle of the following and subsequent model years
must be designed and built so that when installed on any such motorcycle
which is in compliance with the requirements of subpart D of this part,
they will not cause that motorcycle to produce noise emissions in excess
of the levels indicated:
(i) Systems designed and marketed for use on street motorcycles
other than those that meet the definition of Sec. 205.151(a)(2)(ii):
[[Page 133]]
------------------------------------------------------------------------
A-weighted
Motorcycle model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 83
(B) 1986.................................................... 80
------------------------------------------------------------------------
(ii) Systems designed and marketed for street motorcycles that meet
the definition of Sec. 205.151(a)(2)(ii) (moped-type street
motorcycles):
------------------------------------------------------------------------
A-weighted
Motorcycle model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 70
------------------------------------------------------------------------
(2) Exhaust systems and exhaust system components that are designed
and marketed for use on any Federally regulated off-road motorcycle of
the following and subsequent model years must be designed and built so
that, at the time of sale, when installed on any such motorcycle which
is in compliance with the requirements of subpart D of this part, they
will not cause that motorcycle to produce noise emissions in excess of
the levels indicated:
(i) Systems designed and marketed for use on off-road motorcycles
with engine displacements of 170 cc and lower:
------------------------------------------------------------------------
A-weighted
Motorcycle model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 83
(B) 1986.................................................... 80
------------------------------------------------------------------------
(ii) Systems designed and marketed for use on off-road motorcycles
with engine displacements greater than 170 cc:
------------------------------------------------------------------------
A-weighted
Motorcycle model year noise
level (dB)
------------------------------------------------------------------------
(A) 1983.................................................... 86
(B) 1986.................................................... 82
------------------------------------------------------------------------
(3) Exhaust systems and exhaust system components that are designed
and marketed for use on any Federally regulated street motorcycle shall
be designed and built so that, when installed on any such motorcycle
which is in compliance with the requirements of subpart D of this part,
and when both the motorcycle and the exhaust system are properly
maintained and used, they will not cause that motorcycle to produce
noise emissions in excess of the levels specified in paragraph (a)(1) of
this section, for an Acoustical Assurance Period of one year or a
distance of 6000 km (3729 mi) after the time of sale to the ultimate
purchaser, whichever occurs first.
(4) Exhaust systems and exhaust system components that are designed
and marketed for use on any Federally regulated off-road motorcycle must
be designed and built so that, when installed on any such motorcycle
which is in compliance with the requirements of subpart D of this part,
and when both the motorcycle and the exhaust system are properly
maintained and used, they will not cause that motorcycle to produce
noise emissions in excess of the levels specified in paragraph (a)(2) of
this section, for an Acoustical Assurance Period of one year or a
distance of 3000 km (1865 mi) after the time of sale to the ultimate
purchaser, whichever occurs first.
(5) At the time of sale to the ultimate purchaser all products must
comply with the standards set forth in paragraphs (a) (1) and (2) of
this section.
(b) Measurement procedure. (1)(i) The standards set forth in
paragraph (a) of this section refer to the noise emissions as measured
in accordance with the measurement methodology specified in appendix I-1
for all motorcycles except those street motorcycles meeting the
definition of Sec. 205.151(a)(2)(ii). Exhaust systems which alter a
motorcycle's maximum rated RPM shall be tested using the unmodified
motorcycle's maximum rated RPM to determine closing RPM or test RPM.
(ii) The standards set forth in paragraph (a) of this section for
street motorcycles meeting the definition of Sec. 205.151(a)(2)(ii)
(moped-type street motorcycles) refer to noise emissions measured in
accordance with the measurement methodology specified in appendix I-2.
(2) Exhaust system components sold as separate products shall be
tested as part of a system made up of that part and original equipment
components to complete the system.
(3) Exhaust system components sold as separate products which are
incompatible with original equipment components necessary to make a
complete
[[Page 134]]
exhaust system, or which would not meet standards as prescribed in this
subpart in such configuration, may be tested with non-original equipment
components provided that the provisions of Sec. 205.169(e)(1)(ii)(B) are
carried out.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.167]
[Page 134]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.167 Consideration of alternative test procedures.
The Administrator may approve applications from manufacturers of
original equipment and replacement exhaust systems for the approval of
test procedures which differ from those contained in this subpart so
long as the alternative procedures have been demonstrated to correlate
with the prescribed procedure. To be acceptable, alternative test
procedures must be such that the test results obtained will identify all
those test exhaust systems which would not comply with the noise
emission standards prescribed in Sec. 205.166 when tested in accordance
with the measurement methodology specified in appendix I. After approval
by the Administrator, testing conducted by manufacturers using
alternative test procedures may be accepted by the Administrator for all
purposes including, but not limited to, production verification testing
and selective enforcement audit testing.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.168]
[Page 134]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.168 Requirements.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.168-1]
[Page 134-135]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.168-1 General requirements.
(a) Each manufacturer of motorcycle exhaust systems manufactured for
Federally regulated motorcycles and distributed in commerce in the
United States which are subject to the noise emission standards
prescribed in this subpart and not exempted in accordance with subpart
A, Sec. 205.5:
(1) Must label each exhaust system in accordance with the
requirements of Sec. 205.169 of this subpart; and
(2) Must only manufacture exhaust systems which conform to the
applicable noise emission standard established in Sec. 205.166 of this
regulation when installed on any Federally regulated motorcycle for
which it has been designed and marketed.
(b) The manufacturer who is required to conduct testing to
demonstrate compliance with a particular standard must satisfy all other
provisions of this subpart applicable to that standard.
(c) Prior to distribution into commerce of exhaust systems of a
specific category, the manufacturer of the exhaust system shall verify
the category in accordance with this subpart.
(1) Not withstanding paragraph (a)(1) of this section, the
manufacturer may distribute in commerce exhaust systems of that category
for up to 90 days if weather or other conditions beyond the control of
the manufacturer make testing of a category impossible and if the
following conditions are met:
(i) The manufacturer performs the tests required under paragraph (d)
or (e) of this section on such category as soon as conditions permit;
(ii) [Reserved]
(d) The requirements for each exhaust system category consist of:
(1) Testing in accordance with Sec. 205.171-1 of an exhaust system
selected in accordance with Sec. 205.171-2.
(2) Compliance of the test exhaust system on a motorcycle for which
it is marketed with the applicable standard when tested in accordance
with appendix I; and
(e) A manufacturer is required to verify all categories of exhaust
systems within his product line for each class of Federally regulated
motorcycle for which it is designed and marketed. A category of a
replacement exhaust system is defined by a separate combination of at
least the following parameters:
(1) Muffler/Silencer: (i) Volume; (ii) type of absorption material;
(iii) amount of absorption material; (iv) length; (v) diameter; (vi)
directional flow of exhaust gas; (vii) interior construction; (viii)
shell and inner construction material; (ix) number of header pipes
entering muffler; and (x) specific motorcycle application.
(2) Expansion Chamber: (i) Volume; (ii) diameter; (iii) construction
material; (iv) directional flow of exhaust gas; (v) length; and (vi)
specific motorcycle application.
(3) Spark Arrestors: (i) Volume; (ii) construction material; (iii)
directional flow of exhaust gas; (iv) length; (v) diameter, and (vi)
specific motorcycle application.
[[Page 135]]
(4) Other Exhaust System Components: (i) Volume; (ii) shape; (iii)
length; (iv) diameter; (v) material; (vi) directional flow of exhaust
gas; and (vii) specific motorcycle application.
(f) Exhaust system components sold as separate products shall be
tested pursuant to Sec. 205.166(b).
(g) Original equipment exhaust systems that are also sold as
replacement systems for the same motorcycle configuration need not be
tested under this subpart if they have been tested or represented in a
test report under subpart D of this part.
(h) A manufacturer has the following alternatives if any test
exhaust system is determined not to be in compliance with applicable
standards:
(i) Modify the test exhaust system and demonstrate by testing that
it meets applicable standards. The manufacturer must modify all
production exhaust systems of the same category in the same manner as
the test exhaust system before distribution in commerce.
[47 FR 57722, Dec. 28, 1982; 48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.168-11]
[Page 135]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.168-11 Order to cease distribution.
(a) If a category of exhaust systems is found not to comply with
this subpart because it has not been verified or labeled as required by
Sec. 205.169, the Administrator may issue an order to the manufacturer
to cease distribution in commerce exhaust systems of that category. This
order will not be issued if the manufacturer has made a good faith
attempt to properly production verify the category and can establish
such good faith.
(b) Any such order shall be issued after notice and opportunity for
a hearing which will be held in accordance with title 5 U.S.C. 554.
[45 FR 86718, Dec. 31, 1980, as amended at 48 FR 27040, June 13, 1983]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.169]
[Page 135-136]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.169 Labeling requirements.
(a) The manufacturer of any product (including the manufacturer of
newly produced motorcycles) subject to this subpart must, at the time of
manufacture, affix a permanent, legible label, or mark of the type and
in the manner described below, containing the information provided
below, to all such exhaust systems or exhaust system components to be
distributed in commerce.
(b) The labels or marks shall be affixed in such a manner that they
cannot be removed without destroying or defacing them, and must not be
applied to any part which is easily detached from such product.
(c) The label or mark shall be in a readily visible position when
the exhaust system or exhaust system component is installed on all
motorcycles for which it is designed and marketed.
(d) All required language shall be lettered in the English language
in block letters and numerals in a color that contrasts with its
background.
(e) The label or mark must contain the following information:
(1) For exhaust systems subject to the noise emission standards of
Sec. 205.166:
(i) The label heading: Motorcycle Exhaust System Noise Emission
Control Information;
(ii)(A) For original equipment and replacement exhaust system, the
following statement:
This (manufacturer's name) exhaust system (serial number) meets EPA
noise emission requirements of (noise emission standard) dBA for the
following motorcycles: (list of model specific codes). Installation of
this exhaust system on motorcycle models not specified may violate
Federal law.
(B) For exhaust system components designed and marketed for
motorcycles, and tested in accordance with Sec. 205.168 as a constituent
of a complete exhaust system comprising non-original equipment
components (other than itself), as provided for in Sec. 205.166(b)(3),
the following statement:
This (manufacturer's name) (type of component) (serial number), when
installed with a legal (type of component), meets EPA noise emission
requirements of (noise emission standard) dBA for the following
motorcycles: (list of model specific codes). Installation of this
exhaust system components on motorcycle models not specified may violate
Federal law.
(iii) The model specific code must be the same as used by the
motorcycle manufacturer and described in Sec. 205.158(a)(6).
[[Page 136]]
(2) For exhaust systems designed solely for use on competition
motorcycles (as defined by Sec. 205.151(a)(3) and so designated and
labeled by the manufacturer), the statement:
This product is designed for use on closed course competition
motorcycles only and does not conform to U.S. EPA noise emission
standards. Used on motorcycles subject to EPA noise regulations
constitutes tampering and is a violation of Federal law unless it can be
shown that such use does not cause the motorcycle to exceed applicable
Federal standards.
(3) For exhaust systems designed solely for use on motorcyles
manufactured before January 1, 1982, the statement:
This product is designed for use on pre-1982 model year motorcycles
only and does not conform to U.S. EPA noise emission standards. Use on
motorcycles subject to EPA noise regulations constitutes tampering and
is a violation of Federal law unless it can be shown that such use does
not cause the motorcycle to exceed applicable Federal standards.
(4) For replacement exhaust systems manufactured in the United
States solely for use outside the U.S. and not conforming to the noise
emissions standards of this regulation, the statement: ``For Export
Only.''
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57722, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.170]
[Page 136-137]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.170 Testing by the Administrator.
(a)(1) In order for the Administrator to determine whether such
exhaust systems or a manufacturer's test facility conform to applicable
regulations, the Administrator may require that exhaust systems to be
tested pursuant to the Act be submitted to him, at such place and time
as he reasonably designates. He may designate the quantity of exhaust
systems and the duration of time he reasonably requires for the purpose
of conducting tests in accordance with test procedures described in
appendix I. The manner in which the Administrator conducts such tests,
the EPA test facility, and the test procedures employed will be based
upon good engineering practice and meet or exceed the requirements of
appendix I.
(2) If the Administrator specifies that he will conduct such testing
at the manufacturer's facility, the manufacturer shall make available
instrumentation and equipment of the type required for test operators by
these regulations. The Administrator may conduct such tests with his own
equipment, having specifications equal to or exceeding the performance
specifications of the instrumentation and equipment required in these
regulations.
(3) The manufacturer may observe tests conducted by the
Administrator pursuant to this section on exhaust systems produced by
the manufacturer and may copy the data accumulated from such tests. The
manufacturer may inspect any of the exhaust systems before and after
testing by the Administrator.
(b)(1) If, based on tests conducted by the Administrator or on other
relevant information, the Administrator determines that the test
facility does not meet the requirements of appendix I or the
requirements for an alternative test procedure approved under
Sec. 205.154, the Administrator will give notice to the manufacturer in
writing of his determination and the reasons underlying it.
(2) The manufacturer may, at any time within 15 days after receipt
of a notice issued under paragraph (b)(1) of this section, request a
hearing conducted in accordance with 5 U.S.C. 554 on the issue of
whether his test facility met the requirements. Such notice will not
take effect until 15 days after its receipt by the manufacturer, or, if
a hearing is requested under this paragraph, until adjudication by the
administrative law judge.
(3) After any notice issued under paragraph (b)(1) of this section
has taken effect, no data thereafter derived from that test facility
will be acceptable for purposes of this subpart.
(4) The manufacturer may request in writing that the Administrator
reconsider his determination under paragraph (b)(1) of this section
based on data or information which indicates that changes have been made
to the test facility and that such changes have resolved the reasons for
disqualification.
(5) Within 10 working days after receipt of the manufacturer's
request for reconsideration pursuant to paragraph (b)(4) of this
section, the Administrator
[[Page 137]]
will notify the manufacturer of his determination and the reasons
underlying it with regard to the requalification of the test facility.
(c) The Administrator will assume all reasonable costs associated
with shipment of exhaust systems to the place designated pursuant to
paragraph (a) of this section except with respect to:
(1) [Reserved]
(2) Testing of a reasonable number of exhaust systems (i) for
purposes of selective enforcement auditing under Sec. 205.171, or (ii)
if the manufacturer has failed to establish that there is a correlation
between its test facility and the EPA test facility, or (iii) the
Administrator has reason to believe, and provides the manufacturer with
a statement of such reason, that the exhaust systems to be tested would
fail to meet the standard prescribed in this subpart if tested at the
EPA test facility, even though they would meet such standard if tested
at the manufacturer's test facility;
(3) Any testing performed during a period when a notice of non-
conformance of the manufacturer's test facility issued pursuant to
paragraph (b) of this section is in effect;
(4) Any testing performed at a place other than the manufacturer's
facility as a result of the manufacturer's failure to permit the
Administrator to conduct or monitor testing as required by this subpart;
and
(5) In addition to any exhaust systems included in paragraphs (c)
(2), (3), or (4) of this section, testing of up to 10 percent of the
manufacturer's exhaust systems for a model year if the Administrator
determines testing these exhaust systems at the EPA test site is
necessary to assure that a manufacturer has acted or is acting in
compliance with the Act.
(Secs. 11 and 13 of the Noise Control Act (42 U.S.C. 4910, 4912); 42
U.S.C. 4905; 86 Stat. 1237 and secs. 6, 10, 11, 13, Pub. L. 92-574, 86
Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912))
[45 FR 86718, Dec. 31, 1980; 46 FR 4918, Jan. 19, 1981, as amended at 47
FR 57722, Dec. 28, 1982; 49 FR 26738, June 29, 1984]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-1]
[Page 137-138]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-1 Test request.
(a) The Administrator will request all testing under Sec. 205.171 by
means of a test request addressed to the manufacturer.
(b) The test request will be signed by the Assistant Administrator
for Enforcement or his designee. The test request will be delivered to
the plant manager or other responsible official as designated by the
manufacturer.
(c) The test request will specify the exhaust system category, model
and model year of motorcycle selected for testing, the manufacturer's
plant or storage facility from which the exhaust systems must be
selected, the method of selection and the time at which the exhaust
systems must be selected. The test request will also provide for
situations in which the selected exhaust system is unavailable for
testing. The test request may include an alternative exhaust system
category designated for testing in the event that exhaust systems of the
first specified category are not available for testing because the
exhaust systems are not being manufactured at the specified plant or are
not being manufactured during the specified time or are not being stored
at the specified plant or storage facility.
(d)(1) If the manufacturer projects a yearly production of fewer
than 50 exhaust systems of the specified category to be tested, then,
within five (5) days of receipt of the request, the manufacturer must
notify the Administrator of such low volume production. The
Administrator will then provide a revised test request specifying a
testing plan which imposes no greater risk of failure (5%) at the
acceptable quality level (10%) than the plan in appendix II. Upon
receipt of the revised test request, the manufacturer must select and
test a sample of exhaust systems from the category specified in the test
request in accordance with this subpart and the conditions specified in
the test request.
(2) If the manufacturer produces 50 or more of the specified
category, then,
[[Page 138]]
upon receipt of the test request, the manufacturer must select and test
a sample of exhaust systems for the category specified in the test
request in accordance with this subpart and the conditions specified in
the test request.
(e)(1) Any testing conducted by the manufacturer under a test
request must be initiated within the time period specified in the test
request; except that initiation may be delayed for increments of 24
hours or one business day where ambient test site weather conditions, or
other conditions beyond the control of the manufacturer, in that 24-hour
period do not permit testing. The manufacturer must record the
conditions for this period.
(2) The manufacturer must complete noise emission testing on a
minimum of ten exhaust systems per day unless otherwise provided by the
Administrator or unless ambient test site conditions permit only the
testing of a lesser number, in which event the ambient test site weather
conditions for that period must be recorded.
(3) The manufacturer is allowed 24 hours to ship exhaust systems
from a sample from the assembly plant to the testing facility if the
facility is not located at the plant or in close proximity to the plant.
The Administrator may approve more time based upon a request by the
manufacturer accompanied by a satisfactory justification.
(f) The Administrator may issue an order to the manufacturer to
cease distribution in commerce of exhaust systems of a specified
category being manufactured at a particular facility if:
(1) The manufacturer refuses to comply with the provisions of a test
request issued by the Administrator under this section; or
(2) The manufacturer refuses to comply with any of the requirements
of this section.
(g) A cease distribution order will not be issued under paragraph
(f) of this section if the manufacturer's refusal is caused by
conditions and circumstances outside his control which render compliance
with the provisions of a test request or with any other requirements of
this section impossible. Conditions and circumstances outside the
control of the manufacturer include, but are not limited to, the
temporary unavailability of equipment and personnel needed to conduct
the required tests, caused by uncontrollable factors such as equipment
breakdown or failure or illness of personnel. Failure of the
manufacturer to adequately plan for and provide the equipment and
personnel needed to conduct the tests does not constitute uncontrollable
factors. The manufacturer must bear the burden of establishing the
presence of the conditions and circumstances required by this paragraph.
(h) Any order to cease distribution will be issued only after notice
and opportunity for a hearing in accordance with 5 U.S.C. 554.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-2]
[Page 138-139]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-2 Test exhaust system sample selection and preparation.
(a)(1) Exhaust systems comprising the sample which are required to
be tested under a test request in accordance with this subpart must be
selected consecutively as they are produced.
(2) Test motorcycles and test exhaust systems to be used for testing
of exhaust systems must be of the subject class which has been assembled
using the manufacturer's normal production processes, in stock
configuration including exhaust system, as sold or offered for sale in
commerce.
(3) Before the official test, the test motorcycle and test exhaust
system must not be prepared, tested, modified, adjusted, or maintained
in any manner unless such preparation, tests, modifications, adjustments
or maintenance are part of the original equipment manufacturer's
prescribed manufacturing and inspection procedures, and are documented
in the manufacturer's internal motorcycle assembly and inspection
procedures, or are required or permitted under this subpart, or are
approved in advance by the Administrator.
(4) Equipment or fixtures necessary to conduct the test may be
installed on the motorcycle, if such equipment or fixtures shall have no
effect on the noise emissions of the motorcycle as determined by the
measurement methodology.
(5) In the event of a motorcycle malfunction (i.e., failure to
start, etc.) maintenance that is necessary may be performed to enable
the vehicle to
[[Page 139]]
operate in a normal manner. This maintenance must be documented and
reported in the final report prepared and submitted in accordance with
this subpart.
(6) No quality control, quality assurance testing, assembly or
selection procedures may be used on the test vehicle or any portion
thereof, including parts and subassemblies, that will not normally be
used during the production and assembly of all other motorcycles of that
class which will be distributed in commerce, unless such procedures are
required or permitted under this subpart or are approved in advance by
the Administrator.
(b) The Acceptable Quality Level (AQL) is 10 percent. The
appropriate sampling plans associated with the designated AQL are
contained in appendix II or the test request.
(c) The exhaust systems of the category selected for testing must be
assembled by the manufacturer for distribution in commerce using the
manufacturer's normal production process.
(d) Unless otherwise indicated in the test request, the manufacturer
must initiate testing with the exhaust systems of the category specified
in the test request which are next scheduled for production after
receipt of the test request.
(e) The manufacturer must keep on hand all products in the test
sample until the sample is accepted or rejected in accordance with
Sec. 205.171-8; except that exhaust systems actually tested and found to
be in conformance with this regulation need not be kept.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-3]
[Page 139]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-3 Test motorcycle sample selection.
A test motorcycle to be used for selective enforcement audit testing
of exhaust systems must be a motorcycle of the subject class which has
been assembled using the manufacturer's normal production process, in
stock configuration including exhaust system, and sold or offered for
sale in commerce.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-6]
[Page 139]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-6 Testing procedures.
(a) The manufacturer of the exhaust system must conduct one valid
test in accordance with the appropriate test procedure specified in
appendix I for each exhaust system selected for testing under this
subpart.
(b) No maintenance may be performed on the test exhaust system
except as provided by Sec. 205.171-2. In the event an exhaust system is
unable to complete the noise emission test, the manufacturer may replace
the exhaust system. Any replacement exhaust system must be a production
exhaust system of the same category as the exhaust system which it
replaced, and it is subject to all the provisions of this subpart.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-7]
[Page 139-140]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-7 Reporting of the test results.
(a)(1) The manufacturer must submit a copy of the test report for
all testing conducted pursuant to Sec. 205.171 at the conclusion of each
24-hour period during which testing is done.
(2) For each test conducted, the manufacturer must provide the
following information:
(i) Category identification where applicable;
(ii) Year, manufacturing date, serial number and model of exhaust
system;
(iii) Year, make serial number, and model of test motorcycle; and
(iv) Test results by serial numbers.
(b) In the case where an EPA Enforcement Officer is present during
testing required by this subpart, the written reports requested in
paragraph (a) of this section may be given directly to the Enforcement
Officer.
(c) Within 5 days after completion of an SEA, the manufacturer must
submit to the Administrator a final report which will include the
following:
(1) The name, location, and description of the manufacturer's noise
emission test facilities which meet the specifications of appendix I and
where utilized to conduct testing reported under this section, except,
that a test facility that has been described in a previous submission
under this subpart need not again be described, but must be identified
as that facility.
(2) The following information for each noise emission test
conducted:
(i) The individual records required by Sec. 205.172 (a)(2) for all
noise emission
[[Page 140]]
tests including for each invalid test, the reason for invalidation;
(ii) A complete description of any modification, repair,
preparation, maintenance, or testing, which could affect the noise
emissions of the product and which was performed on the test exhaust
system but not performed on all other production exhaust systems;
(iii) The test results for any replacement exhaust system and the
reason for its replacement.
(3) A complete description of the sound data acquisition system if
other than that specified in appendix I.
(4) The following statement and endorsement:
This report is submitted pursuant to section 6 and section 13 of the
Noise Control Act of 1972. To the best of (company name) knowledge, all
testing for which data is reported here was conducted in strict
conformance with applicable regulations under 40 CFR Part 205 et seq.,
all the data reported here are a true and accurate representation of
such testing, and all other information reported here is true and
accurate. I am aware of the penalties associated with violations of the
Noise Control Act of 1972 and the regulations thereunder. (authorized
representative).
(5) Additional information required by the test request.
(d) Information required to be submitted to the Administrator under
this section must be sent to the following address: Director, Noise and
Radiation Enforcement Division, (EN-387), U.S. Environmental Protection
Agency, Washington, DC 20460.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-8]
[Page 140]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-8 Passing or failing under SEA.
(a) A failing exhaust system is one which, when installed on any
motorcycle which is in compliance with the requirements of subpart D and
for which it is designed and marketed, together with such motorcycle
produces a measured noise level in excess of the applicable noise
emission standard in Sec. 205.166.
(b) The number of failing vehicles in a sample determines whether
the sample passes or fails (See applicable tables in appendix II). If
the number of failing vehicles is greater than or equal to the number in
Column B, the sample fails. If the number of failing vehicles is less
than or equal to the number in Column A, the sample passes.
(c) Pass or failure of a SEA takes place when a decision that an
exhaust system is a passing or failing unit is made on the last exhaust
system required to make a decision under paragraph (b) of this section.
(d) If the manufacturer passes the SEA, he will not be required to
perform any additional testing on subsequent exhaust systems to satisfy
the test request.
(e) The Administrator may terminate testing earlier than required in
paragraph (b) of this section, based on a request by the manufacturer,
accompanied by voluntarily ceasing distribution in commerce of exhaust
systems from the category in question, manufactured at the plant which
produced the exhaust systems being tested. Before reinitiating
distribution in commerce of that exhaust system category from that
plant, the manufacturer must take the action described in Sec. 205.171-
10(a)(1) and (2).
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-9]
[Page 140-141]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-9 Continued testing.
(a) If an SEA failure occurs according to paragraph (b) of
Sec. 205.171-8, the Administrator may require that any or all exhaust
systems of that category produced at that plant be tested before
distribution in commerce.
(b) The Administrator will notify the manufacturer in writing of his
intent to require continued testing of exhaust systems under paragraph
(a) of this section.
(c) The manufacturer may request a hearing on the issues of whether
the SEA was conducted properly; whether the criteria for SEA failure
have been met; and the appropriateness or scope of a continued testing
order. If a hearing is requested, the hearing will begin no later than
15 days after the date on which the Administrator received the hearing
request. Neither the request for a hearing nor the fact that a hearing
is in progress will affect the responsibility of the manufacturer to
commence and continue testing required by the Administrator pursuant to
paragraph (a) of this section.
[[Page 141]]
(d) Any tested exhaust system which demonstrates conformance with
the applicable standard may be distributed into commerce.
(e) Any distribution into commerce of an exhaust system which does
not comply with the applicable standard is a prohibited act.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.171-10]
[Page 141]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.171-10 Prohibition on distribution in commerce; manufacturer's remedy.
(a) The Administrator will permit the manufacturer to cease testing
under Sec. 205.171-9 after the manufacturer has taken the following
actions:
(1) Submission of a written report to the Administrator which
identifies the reason for the noncompliance of the exhaust systems,
describes the problem and describes the proposed quality control or
quality assurance remedies to be taken by the manufacturer to correct
the problem.
(2) Demonstration that the specified exhaust system category has
passed a retest conducted in accordance with Sec. 205.171 and the
conditions specified in the test request.
(b) The manufacturer may begin testing under paragraph (a)(2) of
this section upon submitting the report, required by paragraph (a)(1) of
this section any may cease continued testing upon making the
demonstration required by paragraph (a)(2) of this section. The
Administrator may require resumption of continued testing if he
determines that the manufacturer has not satisfied the requirements of
paragraphs (a)(1) and (2) of this section.
(c) Any exhaust system failing the noise emission tests conducted
pursuant to Appendix I may not be distributed into commerce until
necessary adjustment or repairs have been made and the exhaust system
passes a retest.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.172]
[Page 141-142]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.172 Maintenance of records; submittal of information.
(a) Except as otherwise provided in regulation, the manufacturer of
any new exhaust system subject to any of the standards or procedures
prescribed in this subpart must establish, maintain and retain the
following adequately organized and indexed records:
(1) General records:
(i) Identification and description by category parameters of all
exhaust systems in the manufacturer's product line;
(ii) A description of any procedures other than those contained in
this subpart used to perform noise emission tests on any test exhaust
system;
(iii) A record of the calibration of the acoustical instrumentation
as is described in appendix I;
(iv) A record of the date of manufacture of each exhaust system
subject to this subpart, keyed to the serial number.
(2) Individual records for test exhaust systems:
(i) A complete record of all noise emission tests performed for
Production Verification and Selective Enforcement Audit (except tests
performed by EPA directly), including all individual worksheets and
other documentation or exact copies relating to each test;
(ii) A record of the information recorded as described in Appendix
I; and
(iii) A record and description of all repairs, maintenance and other
servicing which were performed before successful testing of the exhaust
system pursuant to these regulations and which could affect the noise
emission of the exhaust system, giving the date and time of the
maintenance or service, the reason for it, the person authorizing it,
and the names of supervisory personnel responsible for the conduct of
the maintenance or service.
(3) A properly filed production verification report following the
format prescribed by the Administrator in Sec. 205.168-3 fulfills the
requirements of paragraphs (a)(1)(i) and (ii) of this section.
(4) All records required to be maintained under this subpart must be
retained by the manufacturer for a period of three (3) years from the
production verification date. Records may be retained as hard copy or
alternatively reduced to microfilm, punch cards, etc., depending on the
record retention procedures of the manufacturer; however, when an
alternative method is used, all information contained in the hard copy
must be contained in the copy made by the alternative method.
[[Page 142]]
(b) The manufacturer must, upon request, submit to the Administrator
the following information with regard to new exhaust system production:
(1) Number of exhaust systems, by category, scheduled for production
for the time period designated in the request.
(2) Number of exhaust systems, by category, produced during the time
period designated in the request.
(c) The reporting requirements of this regulation will no longer be
effective after five (5) years from the last effective date of this
regulation. However, the requirements will remain in effect if the
Administrator is taking appropriate steps to repromulgate or modify the
reporting requirements at that time.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.173-1]
[Page 142]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.173-1 Warranty.
(a) The exhaust system manufacturer must include in the information
supplied to the ultimate purchaser pursuant to Sec. 205.173-4, the
following statement:
Noise Emission Warranty
[The manufacturer] warrants that this exhaust system, at time of
sale, meets all applicable U.S. E.P.A. Federal noise standards. This
warranty extends to the first person who buys this exhaust system for
purposes other than resale, and to all subsequent buyers. Warranty
claims should be direct to ______. (Manufacturer shall fill in this
blank with his name, address and telephone number.)
(b) [Reserved]
(c) All information must be sent to:
Director, Noise and Radiation Enforcement Division (EN-387),
Environmental Protection Agency, Washington, DC 20460.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.173-2]
[Page 142]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.173-2 Tampering.
The manufacturer must include the following statement pursuant to
Sec. 205.173-4 with each product of that category the manufacturer
distributes into commerce:
Tampering Prohibition
Federal law prohibits any modification to this exhaust system which
causes the motorcycle to exceed the Federal noise standard. Use of the
motorcycle with such a modified exhaust system is also prohibited.
Acts likely to constitute tampering include removal or puncturing
the muffler, baffles, header pipes, or any other component which
conducts exhaust gases.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.173-3]
[Page 142]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.173-3 Warning statement.
The manufacturer must include the following statement pursuant to
Sec. 205.173-4 with each product of that category the manufacturer
distributes into commerce:
Warning: This product should be checked for repair or replacement if
the motorcycle noise has increased significantly through use. Otherwise,
the owner may become subject to penalties under state and local
ordinances.
[45 FR 86718, Dec. 31, 1980, as amended at 47 FR 57723, Dec. 28, 1982]
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.173-4]
[Page 142]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.173-4 Information sheet.
The manufacturer must include the Noise Emissions Warranty
statement, Tampering Prohibition statement and the Warning statement
with each product. All three statements must be printed on a white sheet
or card at least 8\1/2\' x 11'. Each statement must cover no more than
\1/3\ of the sheet or card. No other printing must be on the sheet. The
statements must be printed in black ink; the statement headings must be
in capital letters in a minimum size type of 12 point (pica type) or its
equal; and the text of the statement must be a minimum size type of 10
point (elite type) or its equal. The sheet or card must be placed with
the exhaust system inside any packaging. If there is no packaging, the
sheet or card must be affixed to the exhaust system so that it will not
be accidentally detached in shipping.
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR205.174]
[Page 142-148]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
Subpart E--Motorcycle Exhaust Systems
Sec. 205.174 Remedial orders.
The Administrator may issue appropriate remedial orders to a
manufacturer if products are distributed into commerce not in compliance
with the regulations of this subpart. Potential
[[Page 143]]
orders are stop sale orders, orders to cease distribution, relabel,
replace or recall, or any other orders appropriate in the specific
circumstances. A remedial order will be issued only after notice and
opportunity for a hearing in accordance with 5 U.S.C. 554.
Appendix I to Subparts D and E--Motorcycle Noise Emission Test
ProceduresAppendix I-1 to Subparts D and E--Test Procedure for Street
and off-road Motorcycles
(a) Instrumentation. Proper usage of all test instrumentation is
essential to obtain valid measurements. Operating manuals or other
literature furnished by the instrument manufacturer must be referred to
for both recommended operation of the instrument and precautions to be
observed. The following instrumentation must be used, where applicable:
(1) A sound level measurement system which meets the type S1A
requirements of American National Standard Specification for Sound Level
Meters, ANSI S1.4-1971. As an alternative to making direct measurements
using a sound level meter, a microphone or sound level meter may be used
with a magnetic tape recorder and/or a graphic level recorder or
indicating instrument provided that the system meets the performance
requirements of ANSI S1.4-1971. The sound level measurement system must
be calibrated at least annually to insure that the system meets the
performance requirements of ANSI S1.4-1971.
(2) An acoustic calibrator with an accuracy of within
<SUP>plus-minus</SUP>0.5 dB. The calibrator must be checked annually to
verify that its output is within the specified accuracy.
(3)(i) An engine speed measurement system having the following
characteristics:
(A) Steady-state accuracy of within <SUP>plus-minus</SUP>3% of
actual engine speed in the range of 45% to 100% of the engine speed
(RPM) where peak net brake power (maximum rated RPM) is developed; and
(B) Response characteristics such that, when closing RPM is
indicated under an acceleration as described below, actual engine speed
is no more than 3 percent (of closing RPM) greater than the specified
closing RPM.
(ii) The vehicle tachometer may be used to ascertain:
(A) The approach RPM provided it meets the specifications in
paragraph (a)(3)(i)(A).
(B) The closing RPM provided it meets the specifications in
paragraphs (a)(3)(i)(A) and (B).
(iii) Indirect engine speed measurement systems, such as systems
which determine engine speed from vehicle speed measurement, may be used
provided the specifications of paragraph (a)(1)(i) are met.
(4) An anemometer with steady-state accuracy of within
<SUP>plus-minus</SUP>10% at 20 km/h (12.4 mph).
(5) A microphone wind screen which does not affect microphone
response more than <SUP>plus-minus</SUP>0.5 dB for frequencies of 20-
4000 Hz or <SUP>plus-minus</SUP>1.0 dB for frequencies of 4000-10,000
Hz, taking into account the orientation of the microphone.
(b) Test site. (1) The measurement area within the test site must
meet the following requirements and be laid out as described:
(i) The following points must be established:
(A) Microphone target point--a reference point on the vehicle path;
(B) End point--a point on the vehicle path 7.5 <SUP>plus-minus</SUP>
0.3m (24.6 <SUP>plus-minus</SUP> 1.0 ft) beyond the microphone target
point, and
(C) Microphone location point--a point 15<SUP>plus-minus</SUP> 0.3m
(49.2 <SUP>plus-minus</SUP> 1.0 ft) from the microphone target point on
a normal to the vehicle path through the microphone target point.
(ii) The microphone must be:
(A) Positioned at the microphone location point 1.2 <SUP>plus-minus</SUP>
0.1 m (3.9 <SUP>plus-minus</SUP> 0.3 ft) above the ground plane; and
(B) Oriented in a plane perpendicular to the vehicle path, and at an
angle for which the microphone was calibrated to have the flatest
response characteristics over the frequency range of 100 Hz to 10,000 Hz
when measured with respect to the motorcycle source.
(iii) The surface of the ground within at least the triangular area
formed by the microphone location and the points 15 <SUP>plus-minus</SUP>
0.3m (49.2 <SUP>plus-minus</SUP>1.0 ft.) prior to and 15 <SUP>plus-minus</SUP>
0.3 m (49.2 <SUP>plus-minus</SUP> 1.0 ft.) beyond the microphone target
point must be flat (+ 5 cm (2.0 in)) and level (grade not more than 0.5%
along vehicle path), have a concrete or sealed asphalt surface, and be
free from snow, soil or other extraneous material.
(iv) The vehicle path must be relatively smooth and of sufficient
length for safe acceleration, deceleration and stopping of the
motorcycle.
(2) The test site must be flat, open space free of large sound-
reflecting surfaces (other than the ground), such as parked vehicles,
sign-boards, buildings or hillsides located within a 30 <SUP>plus-minus</SUP>
0.3 m (98.4 <SUP>plus-minus</SUP> 1.0 ft) radius of the microphone
location and the following points on the vehicle path (see Figure 1):
(i) The microphone location point;
(ii) A point 15 <SUP>plus-minus</SUP> 0.3 m (49.2 <SUP>plus-minus</SUP>
1.0 ft.) before the microphone target point; and
(iii) A point 15 <SUP>plus-minus</SUP> 0.3 m (49.2 <SUP>plus-minus</SUP>
1.0 ft) beyond the microphone target point.
(c) Measurement procedure.
(1) To establish the acceleration point, the end point must be
approached in second gear from the reverse of the intended test
direction at a constant engine speed of 50% of maximum rated RPM or
closing RPM less ten percent (of maximum rated RPM), whichever is lower,
(<SUP>plus-minus</SUP>2.5% of observed reading). When the front of the
motorcycle
[[Page 144]]
reaches the end point (approached from the reverse direction), the
throttle must be smoothly and fully opened to accelerate the motorcycle
past the microphone target point under wide open throttle. When the
motorcycle reaches closing RPM the throttle must be smoothly and fully
closed. An ignition disable device may be used to turn off the engine at
closing RPM in lieu of closing the throttle manually. The location of
the front of the motorcycle at the time of throttle closure is the
acceleration point for the test runs. The test runs must be made in the
opposite direction. A sufficient number of trial runs must be made to
assure accurate establishment of the acceleration point.
(2) Closing RPM must be determined according to the motorcycle
engine displacement, as follows (see Figure 2):
------------------------------------------------------------------------
Closing RPM (Fraction of
Displacement (cc) maximum rated RPM--percent)
------------------------------------------------------------------------
0 to 175............................... 95
176 to 675............................. 109 to 0.08 x (engine
displacement in cc)
676 and above.......................... 55
------------------------------------------------------------------------
(3) The distance from the acceleration point to the end point must
be at least 10 m (32.8 ft). If this distance is less than 10 m (32.8 ft)
by the procedure specified in paragraph (c)(1), above, third gear, if
the motorcycle is so equipped, must be used. If the distance is still
less than 10 m (32.8 ft), fourth gear, if the motorcycle is so equipped,
must be used, and so on. If closing RPM is reached before the vehicle
travels 10 m (32.8 ft), with the vehicle in its highest gear, the
throttle must be opened less rapidly, but in such a manner that full
throttle and closing RPM are attained at the end point.
(4) If the motorcycle is equipped with an automatic transmission,
the procedure specified in paragraph (c)(1), must be followed except
that the lowest selectable range must be employed, and the procedure
specified in paragraph (c)(3) must be followed using the next selectable
higher range, if necessary, and if the vehicle is so equipped. If
closing RPM is reached before the vehicle travels 10 m (32.8 ft.), the
throttle must be opened less rapidly, but in such a manner that full
throttle and closing RPM are attained at the end point.
(5) Throttle opening must be controlled to avoid excessive wheel
slip or lift-off.
(6) To conduct a sound measurement, the motorcycle must proceed
along the vehicle path in the forward direction in second gear (or
higher gear as applicable under paragraph (c)(3)) at a constant engine
speed of 50% of maximum rated RPM or at closing RPM less ten percent (of
maximum rated RPM), whichever is lower (<SUP>plus-minus</SUP> 2.5
percent of observed reading). When the front of the vehicle reaches the
acceleration point, the throttle must be smoothly and fully opened. Full
acceleration must continue until closing RPM is reached, which must
occur within <SUP>plus-minus</SUP> 1.0 m (3.3 ft.) of the end point, and
at which time the throttle must be smoothly and fully closed. An
ignition disable device may be used to turn off the engine at closing
RPM in lieu of closing the throttle manually.
(7) A sufficient number of preliminary runs must be conducted before
the testing to familiarize the rider with the test procedure and
operating conditions of the vehicle. The engine temperature must be
within the normal operating range prior to each run.
(d) Measurements. (1) The sound level meter must be set for fast
response and for the A-weighting network. The microphone wind screen
must be used. The sound level meter must be calibrated with the acoustic
calibrator as often as is necessary throughout testing to maintain the
accuracy of the measurement system.
(2) The sound level meter must be observed throughout the
acceleration period. The highest sound level obtained for the run must
be recorded.
(3) Measurements must be made until at least four readings from each
side are within 2 dB of each other. The noise level for each side is the
average of the four which are within 2 dB of each other. The noise level
reported must be for that side of the motorcycle having the highest
noise level.
(4) While making sound level measurements, not more than one person
other than the rider and the observer reading the meter may be within 15
m (49.2 ft) of the vehicle or microphone, and that person must be
directly behind the observer reading the meter, on a line through the
microphone and the observer.
(5) The ambient noise level (including wind effects) at the test
site due to sources other than the motorcycle being measured must be at
least 10 dB lower than the noise level at the microphone location
produced by the motorcycle under test.
(6) Wind speed at the test site during tests must be less than 20
km/h (12.4 mph).
(e) Required data. For each valid test, the following data must be
recorded:
(1) Motorcycle type, serial number, model year, and date of
manufacture.
(2) Names of persons conducting test.
(3) Test location.
(4) Wind speed and ambient noise level measured on the same day as
the test and representative of conditions during the test.
(5) Motorcycle engine displacement, maximum rated RPM, and closing
RPM.
(6) The gear used for testing if other than second gear; or type of
transmission and description of testing if motorcycle is equipped with
automatic transmission.
[[Page 145]]
(7) Description of the sound level meter including type, serial
number, and calibration date.
(8) Description of the external acoustic calibrator including type,
serial number, and calibration date.
(9) Description of the tachometer or engine speed measurement system
used for conducting the test.
(10) Maximum noise level for each pass on each side of the
motorcycle including invalid readings and reasons for invalidation.
(11) Reported noise level.
(12) Other information as appropriate to completely describe testing
conditions and procedure.
appendix i-2 to subparts d and e--test procedure for street motorcycles
that meet the definition of Sec. 205.151(a)(2)(ii) (moped-type street
motorcycles)
(a) Instrumentation. Proper usage of all test instrumentation is
essential to obtain valid measurements. Operating manuals or other
literature furnished by the instrument manufacturer must be referred to
for both recommended operation of the instrument and precautions to be
observed. The following instrumentation must be used, where applicable:
(1) A sound level measurement system which meets the type SIA
requirements of American National Standard Specification for Sound Level
Meters, ANSI S1.4-1971. As an alternative to making direct measurements
using a sound level meter, a microphone or sound level meter may be used
with a magnetic tape recorder and/or a graphic level recorder or
indicating instrument provided that the system meets the performance
requirements of ANSI S1.4-1971. The sound level measurement system must
be calibrated at least annually to insure that the system meets the
performance requirements of ANSI S1.4-1971.
(2) An acoustic calibrator with an accuracy of within
<SUP>plus-minus</SUP>0.5 dB. The calibrator must be checked annually to
verify that its output is within the specified accuracy.
(3) An anemometer with steady-state accuracy of within
<SUP>plus-minus</SUP>10% at 20 km/h (12.4 mph).
(4) A microphone wind screen which does not affect microphone
response more than <SUP>plus-minus</SUP>0.5 dB for frequencies of 20-
4000 Hz or <SUP>plus-minus</SUP>1.0 dB for frequencies of 4000-10,000
Hz, taking into account the orientation of the microphone.
(b) Test site. (1) The measurement area within the test site must
meet the following requirements and be laid out as described:
(i) The following points must be established:
(A) Microphone target point--a reference point on the vehicle path;
(B) End point--a point on the vehicle path
7.5<SUP>plus-minus</SUP>0.3 m (24.6<SUP>plus-minus</SUP>1.0 ft) beyond
the microphone target point; and
(C) Microphone location point--a point 15<SUP>plus-minus</SUP>0.3 m
(49.2<SUP>plus-minus</SUP>1.0 ft) from the microphone target point on a
normal to the vehicle path through the microphone target point.
Alternately, the microphone location point may be a point
7.5<SUP>plus-minus</SUP>0.3 m (24.6<SUP>plus-minus</SUP>1.0 ft) from the
microphone target point provided that the sound level reported is
adjusted as provided in this appendix under paragraph (d)(3).
(ii) The microphone must be:
(A) Positioned at the microphone location point
1.2<SUP>plus-minus</SUP>0.1 m (3.9<SUP>plus-minus</SUP>0.3 ft) above the
ground plane; and
(B) Oriented in a plane perpendicular to the vehicle path, and at an
angle for which the microphone was calibrated to have the flattest
response characteristics over the frequency range of 100 Hz to 10,000 Hz
when measured with respect to the motorcycle source.
(iii) The surface of the ground within at least the triangular area
formed by the microphone location and the points
15<SUP>plus-minus</SUP>0.3 m (49.2<SUP>plus-minus</SUP>1 ft) prior to
and 15<SUP>plus-minus</SUP>0.3 m beyond the microphone target point must
be flat (<SUP>plus-minus</SUP>5 cm (2.0 in)) and level (grade not more
than 0.5% along vehicle path), have a concrete or sealed asphalt
surface, and be free from snow, soil or other extraneous material.
(iv) The vehicle path must be relatively smooth and of sufficient
length for safe acceleration, deceleration and stopping of the
motorcycle.
(2) The test site must be a flat, open space free of large sound-
reflecting surfaces (other than the ground), such as parked vehicles,
signboards, buildings or hillsides located within a
30<SUP>plus-minus</SUP>0.3 m (98.4<SUP>plus-minus</SUP>1.0 ft) radius of
the microphone location and the following points on the vehicle path
(see Figure 1):
(i) The microphone location point;
(ii) A point 15<SUP>plus-minus</SUP>0.3 m
(49.2<SUP>plus-minus</SUP>1 ft) before the microphone target point; and
(iii) A point 15<SUP>plus-minus</SUP>0.3 m
(49.2<SUP>plus-minus</SUP>1 ft) beyond the microphone target point.
(c) Measurement procedure. (1) The combined weight of the test rider
and test equipment used on the motorcycle must not be more than 80 kg
(176 lb) nor less than 75 kg (165 lb). Weights shall be placed on the
motorcycle saddle behind the rider to compensate for any difference
between the actual driver/equipment load and the required 75 kg (165 lb)
minimum.
(2) The motorcycle must approach the microphone target point with
the throttle fully open and in the highest gear. The motorcycle must
start such that maximum speed is reached before the vehicle is within
7.5 m of the microphone target point. The motorcycle must continue along
the vehicle path with fully open throttle and at maximum speed past the
end point, at which time the throttle must be closed.
(3) If the motorcycle is equipped with an automatic transmission,
the procedure of paragraph (1), above, must be followed except
[[Page 146]]
that the highest selectable range shall be employed.
(d) Measurements. (1) The sound level meter must be set for fast
response and for the A-weighting network. The microphone wind screen
must be used. The sound level meter must be calibrated with the acoustic
calibrator as often as is necessary throughout testing to maintain the
accuracy of the measurement system.
(2) The sound level meter must be observed throughout the passby
period. The highest noise level obtained for the run must be recorded.
(3) At least three measurements shall be made for each side of the
motorcycle. Measurements must be made until at least three readings from
each side are within 2 dB of each other. The noise level for each side
must be the average of the three. The noise level reported must be for
that side of the motorcycle having the highest noise level. If the
microphone location point is 7.5 m from the vehicle path as allowed in
this appendix under paragraph (b)(1)(i)(c), the noise level must be
adjusted by subtracting 6 dB prior to being reported.
(4) While making noise level measurements, not more than one person
other than the rider and the observer reading the meter may be within 15
m (49.2 ft) of the vehicle or microphone, and that person must be
directly behind the observer reading the meter, on a line through the
microphone and the observer.
(5) The ambient sound level (including wind effects) at the test
site due to sources other than the motorcycle being measured must be no
greater than 60 dB if the microphone is located 15 m from the vehicle
path or 66 dB if the microphone is located 7.5 m from the vehicle path
as allowed in this appendix under paragraph (b)(1)(i)(c).
(6) Wind speed at the test site during tests must be less than 20
km/h (12.4 mph).
(e) Required data. For each valid test, the following data must be
recorded:
(1) Motorcycle type, serial number, model year, and date of
manufacture.
(2) Names of persons conducting test.
(3) Test location.
(4) Wind speed and ambient noise level measured on the same day as
the test and representative of conditions during the test.
(5) Description of the sound level meter including type, serial
number, and calibration date.
(6) Description of the external acoustic calibrator including type,
serial number, and calibration date.
(7) Maximum noise level for each pass on each side of the motorcycle
including invalid readings and reasons for invalidation.
(8) Reported noise level.
(9) Other information as appropriate to completely describe testing
conditions and procedure.
[[Page 147]]
[GRAPHIC] [TIFF OMITTED] TC01FE92.054
[[Page 148]]
Appendix II to Subpart E--Sampling Tables
Table 1--Model Year Production Volume of 50-99 Vehicles
------------------------------------------------------------------------
Number of failing
vehicles
Cumulative number of tests -------------------------
Column A Column B
------------------------------------------------------------------------
1............................................. ........... ...........
2............................................. ........... ...........
3............................................. ........... 3
4............................................. ........... 3
5............................................. ........... 3
6............................................. ........... 3
7............................................. 0 3
8............................................. 0 4
9............................................. 0 4
10............................................ 0 4
11............................................ 1 4
12............................................ 1 4
13............................................ 1 5
14............................................ 1 5
15............................................ 2 5
16............................................ 2 5
17............................................ 2 5
18............................................ 2 5
19............................................ 2 5
20............................................ 4 5
------------------------------------------------------------------------
Table 2--Model Year Production Volume of 100-199 Vehicles
------------------------------------------------------------------------
Number of failing
vehicles
Cumulative number of tests -------------------------
Column A Column B
------------------------------------------------------------------------
1............................................. ........... ...........
2............................................. ........... ...........
3............................................. ........... 3
4............................................. ........... 3
5............................................. ........... 3
6............................................. ........... 3
7............................................. 0 4
8............................................. 0 4
9............................................. 0 4
10............................................ 0 4
11............................................ 1 4
12............................................ 1 5
13............................................ 1 5
14............................................ 1 5
15............................................ 1 5
16............................................ 2 5
17............................................ 2 5
18............................................ 2 5
19............................................ 2 5
20............................................ 4 5
------------------------------------------------------------------------
Table 3--Model Year Production Volume of 200-399 Vehicles
------------------------------------------------------------------------
Number of failing
vehicles
Cumulative number of tests -------------------------
Column A Column B
------------------------------------------------------------------------
1............................................. ........... ...........
2............................................. ........... ...........
3............................................. ........... 3
4............................................. ........... 3
5............................................. ........... 3
6............................................. ........... 3
7............................................. 0 4
8............................................. 0 4
9............................................. 0 4
10............................................ 0 4
11............................................ 0 5
12............................................ 1 5
13............................................ 1 5
14............................................ 1 5
15............................................ 1 5
16............................................ 2 5
17............................................ 2 5
18............................................ 2 5
19............................................ 2 5
20............................................ 4 5
------------------------------------------------------------------------
Table 4--Model Year Production Volume of 400 or More Vehicles
------------------------------------------------------------------------
Number of failing
vehicles
Cumulative number of tests -------------------------
Column A Column B
------------------------------------------------------------------------
1............................................. ........... ...........
2............................................. ........... ...........
3............................................. ........... 3
4............................................. ........... 3
5............................................. ........... 3
6............................................. ........... 4
7............................................. 0 4
8............................................. 0 4
9............................................. 0 4
10............................................ 0 4
11............................................ 0 5
12............................................ 1 5
13............................................ 1 5
14............................................ 1 5
15............................................ 1 5
16............................................ 2 5
17............................................ 2 5
18............................................ 2 5
19............................................ 2 5
20............................................ 4 5
------------------------------------------------------------------------