---
kind: "section"
citation: "40 C.F.R. § 201.28"
title: "40"
number: "201.28"
heading: "Testing by railroad to determine probable compliance with the standard."
url: "https://uscodex.org/cfr/40/201.28"
---

# §201.28. Testing by railroad to determine probable compliance with the standard.

- (a) 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:
  - (1) Are between the source and receiving property
  - (2) Derive no greater benefit from shielding and other noise reduction features that does the receiving property; and
  - (3) Otherwise meet the requirements of [§ 201.25](/cfr/40/201.25.md).
- (b) Measurements made for this purpose should be in accordance with the appropriate procedures in [§ 201.26](/cfr/40/201.26.md) or [§ 201.27](/cfr/40/201.27.md). If the resulting level is less than the level stated in the standard, then there is probably compliance with the standard.
- (c) This procedure is set forth to assist the railroad in devising its compliance plan, not as a substantive requirement of the regulation.

## Notes

### 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.