§201.28. Testing by railroad to determine probable compliance with the standard.
40 C.F.R. § 201.28
To determine whether it is probably complying with the regulation, and therefore whether it should institute noise abatement, a railroad may take measurements on its own property at locations that:
Are between the source and receiving property
Derive no greater benefit from shielding and other noise reduction features that does the receiving property; and
Otherwise meet the requirements of § 201.25.
Measurements made for this purpose should be in accordance with the appropriate procedures in § 201.26 or § 201.27. If the resulting level is less than the level stated in the standard, then there is probably compliance with the standard.
This procedure is set forth to assist the railroad in devising its compliance plan, not as a substantive requirement of the regulation.
Notes, amendments, and revision history
Authority
Authority: Noise Control Act of 1972, sec. 17(a), 86 Stat. 1234 (42 U.S.C. 4916(a)).
Source
Source: 45 FR 1263, Jan. 4, 1980, unless otherwise noted.