[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):
------------------------------------------------------------