Document Display

Initiate a new search within the currently selected document
Show document key fields and properties
Include current hits
Describe the error you saw:
E-mail Address (Highly Recommended)
When you have finished entering your information, click the Submit Error button.

Page 3 of 40 Previous Page or group of Pages Previous Occurence of Search Term Reload with a larger image Reload with a smaller image



   Title 40—Protection of Environment
    CHAPTER I—ENVIRONMENTAL
         PROTECTION AGENCY
              [PRL 511-6]

 PART 205—TRANSPORTATION EQUIP-
  MENT  NOISE EMISSION CONTROLS
       Medium and Heavy Trucks
           1.  INTRODUCTION

  On October 30, 1974,  notice was pub-
lished In the  FEDERAL REGISTER (39 FR
38338) that the Environmental Protec-
tion Agency (EPA or Agency) was pro-
posing noise emission standards for new
medium  and heavy trucks distributed in
commerce. The purpose of this notice is
to,establish final noise  emission stand-
ards for  new medium and heavy trucks
distributed in commerce by  establishing
a new Part 205 of Title 40 of the Code of
Federal Regulations. This final rulemak-
ing is promulgated pursuant to sections
6, 10,  11,  and 13 of the Noise Control Act
of 1972; 86 Stat. 1234; Public Law 92-574
(the Act).
  Through the Noise Control Act of 1972,
the Congress established a National pol-
icy "to promote an environment for  all
Americans free from noise that jeopard-
izes their health and welfare." In pursuit
of that policy, Congress stated, in sec-
tion 2 of the  Act, "that, while primary
responsibility  for control  of noise rests
with  State and local governments, Fed-
eral action is essential to deal with major
noise sources in  commerce control  of
which requires national uniformity  of
treatment." As part of this essential Fed-
eral action, section 6 of the  Act requires
the Administrator to publish proposed
regulations for each product which is
Identified (or is part of a class identified)
in any report published under section 5
(b) (1) as a major source of  noise,  and if
such  products fall into  certain specified
categories, one of which is transportation
equipment, to prescribe regulations un-
less  in  his  judgment noise emission
standards  are not feasible.  The Admin-
istrator  identified medium  and  heavy
trucks as  a major source of noise  (39
FR 22297).
   Under section 6 of the Act, such regu-
lations  are to  include noise emission
standards, setting limits on noise emis-
sions from products distributed in com-
merce, which  are requisite to protect the
public health and welfare,  baking into
account  the magnitude and conditions of
use of guch products, the degree of noise
reduction .achievable through the appli-
cation of best available technology, and
the cost of compliance.  The final regula-
tion being promulgated contains a per-
formance type noise emission standard
and specifies the testing procedure neces-
sary to assure compliance with the emis-
sion standard. The Agency believes that
the standards established by this reguy
lation represent the levels of noise emis-
sions which can be achieved at reason-
able cost by the respective effective dates
through the application of the best avail-
able technology.  However,  these noise
levels are not sufficiently protective of
public  health and welfare. Accordingly,
the Agency Is continuing to investigate
the availability of technology to further
reduce  the  standards  for  subsequent
years at  acceptable cost. A section in the
regulation has been reserved for a stand-
ard effective  in  1985, which EPA will
promulgate as an amendment in accord-
ance with section 6(c) (3)  of the Act.
  Under section 15 of the Act, the Ad-
ministrator shall certify as a low-noise-
emission-product  (LNEP)  any  product
which  emits noise in amounts signifi-
cantly below the levels specified by any
noise emission standard  included in  a
regulation promulgated pursuant to sec-
tion 6, for which certification applica-
tion has been properly filed and which
the Administrator determines is suitable
for use  as  a substitute for  a  type  of
product in use by agencies of the Federal
Government (see  39 FR 6670, February
21, 1974). At this time the specific LNEP
noise level (s)  for medium  and heavy
trucks has not been determined; how-
ever,  the  Agency will  assign  specific
level (s) in the near  future. Accordingly,
a subsection in the  regulation has been
reserved for LNEP standard and selec-
tion criteria.
  Under section  6(c)(l)  of the  Noise
Control  Act, after the effective date  of
a regulation promulgated under section
6  regarding   product  noise  emission
levels,  no State or political subdivision
thereof may adopt  or  enforce any law
or  regulation which  sets a limit on noise
emissions from new products regulated
by  EPA, unless such law is  Identical to
the applicable EPA regulation. Thus, the
preemption  is  against   non-identical
State and local laws regulating the noise
emission level of  a  Federally-regulated
new product, i.e., a product not yet sold
to  the  first  retail purchaser. This re-
quires that the standard and those ele-
ments of the measurement methodology
which are necessary to define the stand-
ard be identical to the EPA  regulation.
However, other elements of the State or
local law need not be identical. Such ele-
ments include the list of persons subject
to  the regulations, methods  of selecting
 image: 








test vehicles and sanctions.
  Section (6) (c) (2) of the Act specified
that nothing in  section 6 shall preclude
or deny the right of any State or political
subdivision thereof to establish and en-
force controls on environmental  noise
and  sources thereof through the licens-
ing,  regulation, or restriction of the use,
operation, or movement of any product
or combination  of products. Such con-
trols which are reserved  to State and
local  authority  under  this  section
include,  but are  not  limited to, the
following:
  1.  Controls on the time of day during
which products may be used,
  2.  Controls on the places  or zones  in
which products may be used,
  3.  Controls on the number of products
which may be operated at the same time,
  4.  Controls  on  noise  emission level
from the properties  on which products
are used,
  5.  Controls on the  manner  of opera-
tion of products.
  Thus, Federal  regulations promulgated
under section 6 preempt State and local
time-of-sale noise emission  standards
for a product  only  after the effective
date of a Federal regulation  applicable
to such product and only to the extent
that State or local noise emission stand-
ards (and those elements of  measure-
ment methodology which are  necessary
to define the standard)  are  different
from the Federal standards relating to
that product.
  Conversely, State  and local authori-
ties are free to enact regulations on new
products offered for sale with  standards
identical to the  Federal standards. The
Environmental  Protection  Agency en-
courages the adoption  of such regula-
tions so that State and  local govern-
ments may also become actively involved
in the  enforcement of the standards.
  Recognizing that  the Noise  Control
Act  was enacted to protect the public
from adverse health and welfare effects
due  to  noise, EPA is carrying out  its
regulatory  responsibilities  for abating
noise from  transportation  equipment,
and in the present instance, medium and
heavy trucks, through regulatory action
under section 6.
  The medium and heavy trucks are the
major contributing noise source to over-
all urban and freeway traffic noise. The
Agency has commenced regulatory ac-
tion  on  other transportation vehicles,
and  the levels chosen for  the  standards
in this initial medium and  heavy truck
regulation are consistent with the over-
all requirements to auiet all vehicles  in
order to ultimately reduce noise from all
surface transportation sources  to  an
acceptable level.
  The legal basis and factual  conclu-
sions  which  support  promulgation  of
this  regulation were  set  forth  in sub-
stantial detail in the Notice of Proposed
Rulemaking published  in the FEDERAL
REGISTER  on  October  30, 1974  (39 FR
38338). This publication solicited public
comment  with  the comment period ex-
tending initially from October 30, 1974,
to December  15, 1974, and subsequently
extended by FEDERAL REGISTER notice (39
FR 42379) to December 31, 1974.
  To  ensure that all the issues involved
in the proposed regulation would be fully
addressed prior to the promulgation  of
the  final  regulation, public  hearings
were held (40 FR  3167, January  22,
1975) in Arlington, Virginia on Febru-
ary 19 and 20, 1975,  and in San Fran-
cisco,  California  on  February  26  and
27,1975. In conjunction with these hear-
ings, an additional comment period was
allowed,  extending from  February  19,
1975, to March 20,1975. The principal is-
sues reviewed  at these hearings related
to the lead time set  forth  for  manu-
facturer compliance with the standard,
the enforcement  program  specified  in
the proposed regulation,  and the pro-
jected impact of the regulation on manu-
facturers, users, the transportation in-
dustry, and the general public.
  Public comments received during each
of the three public comment periods,  as
well as the  transcripts  of  the public
hearings, are available to the public and
are maintained at the EPA Headquar-
ters, Public Information Center, 401  M
Street SW., Washington, D.C. 20460.

      2. SUMMARY OF THE REGULATION

2.1  Standard and Effective Date
  The regulation establishes  standards
and enforcement procedures for noise
emissions resulting from  the operation
of  newly  manufactured  medium  and
heavy trucks over 10,000 Ibs gross ve-
hicle weight rating (GVWR) distributed
in commerce. The standard specifies A-
weighted sound pressure level, measured
at a distance  of 50 feet (15.24  meters)
from  the longitudinal center line of the
truck, using  fast  meter  response.  The
standard measurement procedure used to
obtain the data is presented in more de-
tail in S205.54, subpart B.
  The standard and effective dates are:
Sound level (dBA):    Effective date
    83	  Jan. 1, 1978.
    80	  Jan. 1, 1982.
    [Reserved]	  Jan. 1, 1985.
 image: 








  The enforcement  procedures  include
production verification, selective enforce-
ment  auditing  procedures,  warranty,
compliance labeling  and antitampering
provisions.

2.2  Enforcement Program
2.2.1  General

  The EPA enforcement strategy under
the Noise Control Act of 1972 will place
on the manufacturer the major share of
the responsibility for testing to deter-
mine the compliance  of new medium
and heavy  trucks  with  the emission
standard. This  approach  benefits  the
manufacturer by leaving his personnel
in control of many aspects of the com-
pliance program and imposes  only a
minimum burden  CM  his  business.  At
the same time, the inevitable conflict of
interest imposed on the  manufacturer
makes monitoring by EPA of these tests
and manufacturers'  actions taken  in
compliance with these regulations advis-
able to ensure that medium  and heavy
trucks distributed in commerce are in
fact in compliance with these  regula-
tions. Accordingly, the regulations pro-
vide that EPA Enforcement Officers may
be present and observe any  testing  re-
quired by these  regulations, or the Ad-
ministrator may require that a manu-
facturer supply him with trucks for test-
Ing either at the manufacturer's  facility
or at the EPA Enforcement Test Facility.
In addition, enforcement officers will be
empowered to Inspect records and facili-
ties  in  order to assure that manufac-
turers are carrying out their responsi-
bilities properly.
  The regulations require that the first
person who creates the entity which con-
forms to the definition of vehicle is  re-
sponsible for production verification and
complying  with the  labeling require-
ments. Any person who performs subse-
quent manufacturing operations on the
new product  after it has become a ve-
hicle as described within these regu-
lations  need not duplicate  production
verification or labeling operations. How-
ever,  it is incumbent upon this subse-
quent manufacturer  to assure that  his
manufacturing operations do not cause
the  product  to  exceed  the  prescribed
standards or obscure or  remove  the  re-
quired labels. In order that the  Admin-
istrator may determine the effect on  the
noise performance  of  the vehicle,  the
subsequent manufacturer is  subject to
the  selective enforcement audit of these
regulations.
  The enforcement strategy promulgated
hi  these  regulations consists of three
main parts: (1) Production Verification,
(2) Selective Enforcement Auditing, and
(3) In-TJse Compliance Provisions. A de-
tailed description of these parts, includ-
ing other important administrative parts,
follows.
2.2.2  Production Verification

  Production verification is the testing
by a manufacturer or EPA of early pro-
duction  models  to  verify  whether  a
manufacturer has  the requisite noise
control technology in hand and Is capable
of applying the technology in a manu-
facturing process. Models  selected for
testing must have been assembled using
the  manufacturer's  normal  assembly
method and must be units assembled for
sale. Models tested must conform with
the standard or the manufacturer may
be required to cease distribution in com-
merce of trucks of that model.
  The production unit selected for test-
ing is a truck configuration. A truck con-
figuration is defined on the basis of truck
type,  delivery rate, cooling system,  air
intake and induction system, engine sys-
tem,  and exhaust system.  Most of the
testing required by these regulations will
be performed by the manufacturer at his
test site, using his equipment and per-
sonnel, although the Administrator re-
serves the right to be present to monitor
or perform any tests. Production verifi-
cation does not involve any formal EPA
approval or issuance of certificates sub-
sequent  to manufacturer testing, nor is
any extensive testing required of EPA.
   To  avoid delays of shipment of early
production models, due to weather con-
ditions which preclude testing,  these
regulations provide that production veri-
fication  of a configuration is automati-
cally   and  conditionally waived for  a
manufacturer for a period of up to 45
consecutive days from  distribution  in
commerce of the first truck of that con-
figuration. The manufacturer must test
a truck on the  first day  that weather
conditions at his site permit. Failure to
test on such first suitable day will result
in automatic and retroactive withdrawal
of the waiver and will render the manu-
facturer liable for illegally distributing
trucks into commerce.
   A manufacturer may production verify
& configuration any time  during  the
model year or in advance of a model year
if he desires.
   A  manufacturer shall verify produc-
 tion  trucks by one of two methods: The
first method will involve testing of a pro-
 duction truck (intended for sale) of each
 configuration.
   Alternatively,  production verification
 image: 








testing of all configurations produced by
a  manufacturer may  not be required
where a manufacturer determines that
the noise levels  of  some configurations
are consistently higher than others or
are always representative of other con-
figurations.  In such a case, the higher
emitter would be the only configuration
requiring verification testing.
  The manufacturer  must production
verify  each model  year. In  some  In-
stances, a manufacturer may verify new
models based on data  submitted during
previous model years.
2.2.3  Selective Enforcement Auditing
  These  regulations provide for sample
testing based on an audit of production
trucks.  Selective Enforcement Auditing
(SEA)  is the term used  In this regula-
tion to describe the testing pursuant to
an administrative request, in accordance
with the proposed  test procedure, of a
statistical sample of production trucks,
from a particular truck category or con-
figuration selected from a particular as-
sembly  plant  in   order  to  determine
whether production trucks  conform to
the standards and  to  provide the basis
for further action  In  the case of non-
conformity.
  The sampling strategy adopted by EPA
does not attempt to Impose a quality con-
trol or quality assurance scheme upon a
manufacturer but merely audits the con-
formity of his products.
  One important factor which will influ-
ence the decision of the Administrator
to issue  a  test  request is whether  the
manufacturer is conducting noise emis-
sion testing of production trucks on his
own cognizance. If a manufacturer  can
provide  evidence  that his trucks  are
meeting  standards based on  tests and
sampling methods acceptable to EPA, is-
suance  of  a test  request may not  be
necessary.
  The general type of sampling strategy
developed by EPA  employs attributes-
type sampling plans applied to a specific
number of batches. Under inspection by
attributes, items are inspected or tested
to determine whether they meet the pre-
scribed specification. The basic decision
criterion is  the number of  products
whose  parameters  meet  specification
rather than the average value of some
parameter. The particular criterion for
trucks is the noise emission standard
established by this regulation.
  As applied to truck noise emissions, the
Acceptable Quality Level (AQL) Is  the
maximum  percentage  of failing trucks
that for purposes of sampling inspection
can be  considered  satisfactory, where a
 truck is considered a failure If It exceeds
 the noise emission standard. An AQL of
 10 percent was chosen to take into  ac-
 count some test variability and random
 production errors.
 2.2.4  Labeling—Compliance  and  Ex-
    terior

  These regulations require that trucks
 shall  be labeled to provide notice that
 the  truck conforms  to the  standards
 contained herein. The compliance label
 shall contain a notice of tampering pro-
 hibitions  In the Act which prohibit  the
 removal or rendering inoperative of any
 noise control features which are Identi-
 fied in the owner's manual. The Agency
 Is presently examining a number of  ex-
 terior vehicle label configurations which
 would allow an enforcement official, at a
 distance from the vehicle, to ascertain
 the noise emission standard to which  the
 vehicle must comply. Accordingly, a sec-
 tion has been reserved in the regulation
 for this purpose and as information is
 developed for  such  an  exterior label,
 regulations may be proposed In the  fu-
 ture under separate rulemaking.
 2.2.5  Inspection and Monitoring
  Because of the  inevitable conflict of
 Interest which results from any compli-
 ance system where a significant part of
 the rsgulatory  activity is controlled by
 those being regulated, it is essential that
 EPA personnel have access to aspects, of
 the system in order to determine whether
 the requirements of the  regulations  are
 being followed and whether conforming
 trucks are being distributed into com-
 merce. Specificallv, the  inspection  and
 monitoring  activities  shall  be for  the
 purpose  of gathering  information   to
 enable the Administrator to satisfy him-
 self that required records are being kept,
 that products which  will be tested  are
 being selected and properly prepared for
 testing,  that tests  are  being  properly
 conducted and that the manufactured
 product is one which conforms to  the
regulations,   including  the  applicable
noise emission standard. Such inspection
 and  monitoring activities  will  include
access to facets of the testing program
required by the regulations;  records,  re-
 ports, and test results  which  must be
 maintained; facilities (production,  test
and storatre) which are connected with
 the manufacturing of trucks.
  As a minimum, 24 hours prior notice
will normally be given to a manufacturer
by the Director of the Mobile Source En-
forcement Division or his representative
 advising him of any  visit  of  EPA En-
forcement Officers. However, the regu-
 image: 








lation does provide for notice only at the
time of the visit provided the visit is au-
thorized in •writing by the Assistant Ad-
ministrator for Enforcement.
2.2.6  Record Keeping
  These regulations describe the records
and other documents concerning testing
of trucks which must be maintained and
the retention period.
  The regulations require that the man-
ufacturers  have available a description
of his product line and maintain records
on specific individual  trucks  he   has
tested. For the most part,  these infor-
mation  requirements  can be satisfied by
keeping on hand updated copies of  pro-
duction verification reports.  Additionally
to  preclude  issuance of  test requests
under the Selective Enforcement Audit-
ing procedures for trucks that may not
be available, the Administrator may re-
quest production information for partic-
ular truck models.

2.2.7  Administrative Remedies
  Section ll(d) (1)  of the Act provides
that:
  Whenever any  person Is In violation of
Section- 10(a) of this Act, the Administrator
may Issue  an  order specifying  such relief
as he determines Is necessary to protect the
public health and welfare.

   ClearJy,  this provision  of the Act is
intended to grant the Administrator dis-
cretionary authority to  fashion  civil
sanctions  to  supplement the criminal
penalties of Section  11 (a).  The resula-
tions provide  for  two  types  of  civil
remedies:  (1)  recall orders,  and  (2)
cease to distribute orders.
   If trucks which were  not designed,
built, and equipped  so  as  to conform
•with these regulations were distributed
in commerce, such act would be a viola-
tion of Section 10 (a) and remedy of such
nonconformity  would  be  appropriate.
Remedy of the affected trucks might be
carried out pursuant to a  recall order.
   In some instances, the Administrator
may wish* to issue a cease  to distribute
order. If a manufacturer fails to properly
verify,  the Administrator may issue an
order  requiring  the  manufacturer to
cease the  distribution  in commerce of
trucks of that category or configuration
pending compliance with the production
verification requirements. The Adminis-
trator will provide the manufacturer no-
tice and the opportunity for a hearing
prior to the  issuance of such an order.
   These regulations also  provide for
remedy when any manufacturer refuses
to allow EPA personnel access to-his/fa-
cility to conduct activities authorized by
the regulations. This remedy Is in the
form of an order issued by the Admin-
istrator to cease distribution in  com-
merce cf trucks of the specified configu-
ration being manufactured at that  facil-
ity.  The Administrator will provide a
manufacturer notice  and the opportu-
nity for a hearing prior to the issuance
of such an order.
2.2.8  Exemptions
  The regulations also outline the pro-
cedures by which EPA will  administer
the granting of exemptions from the pro-
hibitions of the Act to various product
manufacturers,  pursuant  to  Section
10 (b). The substantive scope of the ex-
emption provisions  of section 10 (b)  (1)
and (2)  are defined and  procedures
whereby exemptions  may be requested
are set forth. Exemptions will be granted
for testing and national security reasons
only. Export exemptions will be automat-
ically effective,  without  request,  upon
the proper labeling of the products  in-
volved. Testing exemptions must be jus-
tified in writing by a sufficient  demon-
stration  of  appropriateness,  necessity,
reasonableness, and control. Requests for
national security exemptions must be en-
forced by an agency of the Federal Gov-
ernment charged with the responsibility
for national defense. This would~preclude
the granting of exemptions for products
used for public welfare, such as munici-
pal fire trucks.
2.2.9  Enforcement Test Facility

  EPA Intends to  have  operational  In
early 1976 a noise enforcement test  fa-
cility. This facility will  be  located  in
Sandusky, Ohio at Plum Brook Station.
  EPA intends to conduct confirmatory
tests on  products  already  tested  by
manufacturers in addition to independ-
ent compliance testing on products not
specifically tested by  the  manufacturer.

  Because some manufacturers may not
have available to them a facility  which
meets the requirements of these regula-
tions, the EPA Enforcement Test Facility
would be available for use by such^manu-
facturers to conduct the required test-
ing. Additionally,  manufacturers with
access to facilities may wish to test or
retest some of their products at the EPA
Enforcement Test Facility in order to as-
sure themselves that they have success-
fully production verified  their products.
   In the instance where compliance test-
ing is conducted at the EPA Enforcement
Test Facility at the  manufacturer's re-
 qi"?st, he would be charged a fee which is
 image: 








representative of the actual expense to
the Government.
2.2.10  In-Use Compliance
  The  manufacturer  is  required  to
design, buiM and equip vehicles subject
ta these  regulations so that they do not
exceed the  prescribed  noise  emission
standard at the time of ultimate sale.
The requirement  that  the product be
manufactured  to  meet  the  standard
without degradation over a period of use-
ful life is not presently included in the
final regulation due to the lack of ade-
quate  data to determine the precise pe-
riod of useful  life and  the amount of
degradation  (if any) that  may be al-
lowed  to occur with use of the product.
By amendment to these regulations, the
Administrator will  include a useful life
requirement when  appropriate data are
collected. In-use compliance  provisions
are included to avoid or minimize deg-
radation  from  initial  noise  emission
levels..
  The in-use provisions  include  a re-
quirement that the manufacturer pro-
vide a noise emission warranty to pur-
chasers [required by section 6(d)3, pro-
vide information to the  Administrator
which  will assist in fully defining those
acts which constitute tampering  [under
§ 10(a) (2) (A) I, and provide retail pur-
chasers with instructions specifying the
maintenance, use, and repair required to
reasonably assure elimination or mini-
mization of noise level degradation [au-
thorized  by § 6 (c) (1)1.
  Under  the warranty  provisions,  in-
tended to more fully implement § 6(d)
(1) of the Act, it  is required that the
manufacturer warrant  to the ultimate
and subsequent  purchasers  that new
vehicles subject to these regulations are
designed, built,  and equipped  so as to
conform  at the time of sale with the Fed-
eral  noise  control  regulations.  The
manufacturer must furnish this time-of-
sale warranty to the ultimate  purchaser
in a prescribed written form, which  will
be reviewed by  EPA in  order that  the
Agency  can  determine  whether  the
manufacturer's warranty  policy is con-
sistent with the intent  of the Act.  Al-
though this is a time-of-sale  warranty,
claims  may  te made against the  manu-
facturer  at any time during the life of
the vehicle with respect to  a  non-con-
formity which relates back  to the date
of sale.
  The  recall section provides  that  the
manufacturer may  be required by EPA
to recall vehicles of a  particular con-
figuration,   if  it  is determined that
vehicles  of  this configuration did  not
conform to Federal noise emission stand-
ards at the time of sale.
  The tampering provisions require the
manufacturer to  furnish  a list of acts
which may be done to vehicles in use and
which, if done, are likely to have a detri-
mental impact on noise emissions. The
Administrator will then use this infor-
mation to develop a final list of those acts
which are presumed by EPA to constitute
tampering. A statement of the Federal
law on tampering and the tampering list
must be provided in written form to the
ultimate purchaser.
  Under the tampering section of the
Noise Control Act, EPA believes that any
nonoriginal equipment aftermarket part
(including  a rebuilt part) may be in-
stalled in or on a vehicle subject to these
regulations if the installer has a reason-
able basis for knowing  that it will not
adversely  affect  noise  emissions. For
noise-related replacement aftermarket
parts, a reasonable basis exists if (a) the
installer reasonably believes that the re-
placement part or rebuilt part is designed
to perform  the same function with re-
spect to noise  control  as the replaced
part, or (b) the replacement part or re-
built part  is represented  in writing by
the  part manufacturer or rebuilder  to
perform the same function with respect
to noise control as the replaced part.
  For noise-related, add-on,  auxiliary,
augmenting, or secondary  parts or sys-
tems, a reasonable basis exists if (a) the
installer knows of  noise  emission tests
which show that the part does not cause
noise emissions to  exceed th*e time-of-
sale standards; or  (b)  the part or sys-
tem manufacturer represents in writing
that  tests  have  been  performed with
similar results  (to (a) above), or  (c) a
Federal, State or  local environmental
control agency with appropriate jurisdic-
tion expressly represents that a reason-
able basis exists.
  The sections  dealing with instructions
for proper  maintenance, use, and repair
of the vehicle are intended to insure that
purchasers know exactly what is required
to minimize or eliminate degradation of
the noise level of the vehicle during its
life.  These instructions must be both
necessary to reasonably assure nondeg-
radation and reasonable in the burden
placed on  purchasers. A record or log-
book must be provided to the ultimate
purchaser  in order that  the  purchaser
may record maintenance performed dur-
ing the life of the product. The instruc-
tions may  not contain  language  which
tends to give the manufacturer or his
dealer  an  unfair  advantage over the
aftermarket. Finally, the regulation pro-
 image: 








vides for Agency review of instructions
and related language.
  3. SUMMARY OF COMMENTS RECEIVED

  The EPA has  carefully considered all
of the comments received regarding the
proposed noise emission regulation for
medium and  heavy trucks.  A discussion
of these comments  with the Agency's
response thereto follows. A more detailed
response appears as an Appendix to the
Background Document.
3.1  Technology
  3.1.1  Several  commenters contended
that the proposed standards could not
be achieved through the application  of
the best available technology, as required
by the Act.
  EPA considers that the level "achiev-
able through the application of the best
available technology" is the lowest noise
level  which  can be reliably  predicted
based on engineering analysis, that prod-
ucts subject to the standard will be able
to meet by the effective date, through
application  of currently known  noise
attenuation techniques and materials.  In
order to assess  what can  be achieved,
EPA has  (1) identified the sources  of
truck noise and the levels to which each
of these sources  can be reduced, using
currently  known techniques; (2) deter-
mined the level  of  overall truck noise
that would result;  (3)  assured  that  all
such techniques may be applied to the
general truck population;   (4)  assured
that all such techniques are adaptable
to production-line assembly; (5)  assured
that sufficient time is  allowed  for the
design and application of this technology
by the effective dates of the standards.
  The studies done by EPA, as shown in
the Background Document, indicate that
levels as low as 75 dBA could be achieved
by trucks subject to this regulation, given
adequate lead time. However, comments
indicated  that the kinds of technology
which we must  currently assume would
be applied to achieve levels  that low may
impose unreasonable costs.  This was not
the case with levels of 80 dBA and above.
Thus, in order to clarify this area of un-
certainty, EPA has  elected to  continue
investigating  costs and technology for
levels below  80  dBA with the intention
of promulgating a more stringent stand-
ard at a later date to take effect in the
post-1982 time period.
  3.1.2  One  commenter asserted  that
EPA has not followed its own definition
of available technology as  stated in the
preamble  to  the proposed regulation,  39
PR 38338  (October 30, 1973).
  That statement defined available tech-
nology in part as "Technology applica-
tions that have been demonstrated to be
feasible,  as a prototype product  upon
which  manufacturing  may be  based."
The comment charged that there was no
such prototype, and  therefore the  tech-
nology is not available. That  definition
suggests  that a prototype is one way to
demonstrate  the feasibility of a stand-
ard. It may be a prototype of a complete
truck;  or it  may  be a prototype of a
sound  attenuation  device. There are
many ways of demonstrating  the feasi-
bility  of  a standard which applies to a
multisource product. What  is required is
that the  means of quieting  the noise are
known and that it has been shown that
they are  capable of practical application.
Further,  it is necessary that these be the
kinds  of  applications that  can be inte-
grated into the normal course of assem-
bly-line  production.  EPA has done the
analysis  necessary  to  establish  these
points. Therefore,  these  technology ap-
plications have been "demonstrated to
be feasible."
3.2  Health and Welfare
  3.2.1  Commenters criticized the pro-
posed regulatory standards as being both
too strict and too lenient.
  The Noise Control Act of 1972 requires
the EPA to set standards which are req-
uisite to  protect public health and wel-
fare, taking  into account the  noise  re-
duction achievable through the applica-
tion of  best available  technology, the
magnitude and  conditions of  use, and
the cost  of compliance. The Agency has
identified outdoor day-night sound levels
equal to  or less than 55  dB as requisite
to protect public health and welfare with
an  adequate  margin of safety.
  As explained in  the Background Doc-
ument, EPA estimates that compliance
with the regulation  will  reduce the im-
pacted people from urban  traffic noise
by 57.9 percent, assuming a 4 dBA reduc-
tion in the noise of other vehicles. Al-
though this represents a significant  re-
duction  in  extensiveness  (number  of
people impacted)  and seventy  (magni-
tude of each  person's exposure) of  exist-
ing urban noise impact, at the same time
it demonstrates that lower  levels that
those promulgated here are necessary if
public health and welfare  is to be ade-
quately protected.
  3.2.2   A number of commenters felt
the assessment of public health and wel-
fare benefits should be improved.
  Improvements have been made in  the
EPA assessment of the public health and
welfare benefits appearing in the Back-
ground Document. Some of the revisions
 image: 








 include:
   1. The treatment of a wider range of
 regulatory options,
   2. The inclusion of noise contributions
 from buses and motorcycles,
   3. The consideration of the effect of
 the  new  truck regulations on reducing
 the noise levels from noisier trucks more
 than initially quieter trucks,
   4.  Revision  of truck  engine-related
 and tire noise levels,
   5. Assessment  of the effect of reduc-
 tions in the noise levels from vehicles
 other than medium and heavy trucks.
   The estimates of benefits given by EPA
 are believed to be more detailed and ex-
 tensive than any of the estimates  given
 in public comments to the proposed reg-
 ulations and provide the best available
 information  on benefits upon  which to
 base the selection of regulatory levels.
   The assessments of the benefits  given
 by EPA include estimates of the number
 of people impacted by traffic noise, the
 extent to which various human activities
 are disrupted by the noise, and the  relief
 from impact associated with the reduc-
 tion in traffic noise resulting from sev-
 eral possible regulatory options.
   3.2.3   Several commenters stated that
 an "Environmental  Impact Statement"
 (EIS) should be issued for this regula-
 tion.
   The Environmental Protection Agency
 is not legally required to accompany its
 regulations with  an Environmental Im-
 pact Statement. However, as of October
 15, 1975, the EPA has  established the
 policy to voluntarily accompany its most
 significant proposed regulations with En-
 vironmental Impact  Statements.  Since
 this  regulation was  proposed prior to
 that date it was not  subject to that
 policy, and a draft EIS consequently was
 not  prepared. The  Background Docu-
 ment published in support of both the
 proposed and this regulation contains a
 substantial portion  of  the Information
 which would otherwise be found  in  an
 Environmental Impact  Statement.

 3.3  Economics

  3.3.1  A number of commenters  Indi-
 cated the benefits below 83 dBA are not
 cost effective.
  The Act does not require that stand-
 ards  be set  that are cost effective  in
 terms of return,in benefits for the  costs
 Incurred. The mandate  to EPA In the
 Noise Control Act is to set standards nec-
 essary to protect  public health and wel-
fare, taking into account available tech-
nology and the cost of compliance. How-
ever, based on an extensive analysis un-
dertaken by the  Agency of the benefits
 and costs for a wide range of regulatory
 options, the cost  effectiveness of these
 regulations is higher than indicated in
 public comments. The estimated uniform
 annualized*  costs  for the regulation are
 no more than 0.26 percent of the uniform
 annualized revenues of the trucking in-
 dustry.
   Based on assessment of the increase in
 truck prices due to compliance with this
 noise emission regulation it is estimated
 that to meet 83 dBA a 1.0 percent aver-
 age increase in price would result and to
 meet the 80 dBA standard a  2.8 percent
 average increase in price  would result.
 Regarding estimates of initial price in-
 creases, the public comments in the doc-
 ket and public  hearings identified sig-
 nificant differences between EPA and in-
 dustry, particularly in  the cost associ-
 ated  with  compliance  with  a 75  dBA
 standard for heavy trucks. The Agency
 has determined that further analysis of
 potential  cost  increases related  to  a
 standard more stringent than those es-
 tablished by  this regulation is necessary
 and, consequently, has delayed establish-
 ment of more stringent noise control
 standards.
  The cost analysis which has been con-
 ducted by the Agency represents a worst
 case analysis. The  component costs are
 based on 1975 technology and do not in-
 clude cost  reductions that would occur
 through application of this  technology
 to mass production processes. Further,
it  can be anticipated that advances  in
technology and the production applica-
tion of technology will occur following
the promulgation of this regulation and
will likely result in reductions in the cost
estimates projected at this time by the
 Agency.
  •Uniform annuallzed costs are the equal
annual annuity payments made on a hypo-
thetical loan  borrowed  by  the  user  of  a
product to pay for the additional annual op-
erating maintenance, and capital expendi-
tures Incurred over the life of the proluct
due to the application of noise  abatement
technology. The principal of this  hypotheti-
cal loan is equal to the  total present value
of these initial and future expenditures.

  The Administrator has  carefully con-
sidered the costs  and economic impact
with respect to the benefits to be derived
as a result of this regulatory action and
Judged them to be reasonable.
  3.3.2  Several  commenters  Indicated
that the costs of the regulation, as pre-
sented by EPA, are too low.
  1.  Increases in Truck Prices: The dif-
ferences between the estimates of truck
price increases made by the Agency and
 image: 








the estimates presented by truck manu-
facturers in the public comments on the
proposed regulations are caused by dif-
ferences in (1) the noise treatments con-
sidered necessary to comply with the reg-
ulatory levels and (2) the estimates of
the cost of each unit of noise treatment
hardware.
  The EPA estimates of truck price in-
creases are based on specified cost esti-
mates for noise control treatment hard-
ware for cooling, exhaust, engine and air
intake   noise  treatment  for  trucks
equipped with gasoline engines and for
trucks equipped with one of twelve diesel
engine models. The cost estimates for
noise  control hardware  were derived
from three sources, namely: truck man-
ufacturer's  estimates,  list prices for
hardware currently in production, and
estimates reported in the DOT  Quiet
Truck Program.
  2.  Changes in Operating Costs: The
Agency  has  presented  estimates  of
changes  in fuel and maintenance  costs
for trucks which comply with the regu-
lations.  Th«se  estimates are based  on
documented data from the DOT Quiet
Truck Program.  Estimates  are  made
which include  credit  for  fuel savings
from more efficient fans and fan clutches
and savings in maintenance for exhaust
gas seals. Estimates are also presented
which exclude the above savings.
  3. Costs of Testing: The Agency has es-
timated to the degree possible design and
development costs. These costs are diffi-
cult  to treat in a  generalized manner
since  they  depend  heavily  upon the
practices of each individual firm. How-
ever, the following provides insight into
the  approximate magnitudes  of   these
costs.  Design costs should be nominal
since, after the appropriate sound atten-
uation elements have  been defined via
a development program, what remains is
to properly incorporate  them into the
overall vehicle design. This means pro-
viding for the installation of  suitable
fans, mufflers, and possibly enclosures.
This  class of problems  is encountered
during the design of any new model of a
vehicle and inclusion in the design phase
of considerations for noise  control  com-
ponents  is estimated to have little cost
impact.
  Conducting a development program
will, however, require a test site, acous-
tical  instrumentation  and  personnel.
Many  . manufacturers  already possess
acoustic  facilities and suitable engineer-
ing personnel.  For such organizations,
the development  program  required for
compliance with the  regulations would
simply be a continuation of efforts which
already are in progress. The Agency has
estimated the total annual costs  to the
industry of testing as  between $155,000
to $230,000. Annual production is esti-
mated  at  about  4.00,000  vehicles  to
which these  regulations are  applicable.
The costs  of testing  would, therefore,
be less than $0.60 per vehicle when con-
sidered over  the total  production.
  3.3.3  A  number of  commenters  felt
that EPA should not  include fuel sav-
ings from fan clutches  in estimating the
operating costs.
  The issue has been raised on the basis
that due to  rising fuel prices and in-
creased fuel  economy resulting from
their use, clutched fans may  gain wide-
spread acceptance in the  truck market
without the promulgation of these noise
standards. However, a large  number of
trucks now being manufactured are not
equipped with demand  fans even though
fuel costs have significantly  increased
during.the past 2  years. Fuel savings
should  not,  therefore, be  totally  ex-
cluded as a benefit of noise control reg-
ulation. EPA, in  its cost  analysis,  has
considered the two cases of (1) crediting
all fuel savings to its regulation result-
ing from the application of demand con-
trolled fans and  (2) crediting no fuel
savings to regulation,  thus establishing
an upper and lower bound for the costs
associated with the regulation directly
related to potential fuel savings.
  In the Background Document accom-
panying this regulation, the costs for the
trucks both with and without fans sav-
ings are presented.  The  true cost  will
fall somewhere between these two cases.
   4. CONTINUING  AGENCY RESPONSE
         TO PUBLIC COMMENTS
  As mentioned in the  foregoing Agency
responses to public comments, additional
study is required in some areas.
  As data is collected by or made avail-
able to the Agency, these regulations will
be revised pursuant to section 6(c) (3) of
the Act. The Agency will assess quiet en-
gine and other noise control technology
development  as the  standards  required
by this regulation are  implemented and
will propose lower standards for medium
and heavy trucks for the period beyond
1982, allowing  reasonable  time for  im-
plementation of such standards.
5. DISCUSSION AND  DISPOSITION OF SUG-
  GESTED CHANGES IN THE PROPOSED REG-
  ULATION
  The  Medium and Heavy Truck Noise
Emission Regulation which is now being
promulgated   incorporates   several
 image: 








 changes from the proposed  regulation
 which was published on October 30,1974.
 These changes are based upon the public
 comments received and the results of ad-
 ditional studies performed by the Agency
 to assess the impact of the regulation.
 In most Instances, changes were made to
 merely clarify the intent of the regula-
 tion.
 5.1  Definition of "Slow Meter Response"
   The definition of the "slow meter re-
 sponse" has been deleted, since it is not
 applicable to the regulation.
 5.2  Standards and Dates
   EPA's economic  analysis and  health
 and welfare  benefits analysis presented
 with the proposed regulation have been
 comprehensively reviewed and revisions
 made based on new or revised informa-
 tion. Several options involving different
 time sequences and regulatory levels were
 developed and carefully analyzed.
   Previously  the Agency had proposed a
 75 dBA standard for the post-1982  pe-
 riod, namely January 1,1983. The Agency
 has decided not to promulgate a post-
 1982 standard at this time. The Agency
 has been sued to force  early promulga-
 tion of a medium and heavy truck regu-
 lation. The Agency agrees that standards
 should be promptly promulgated for the
 1978 and 1982 time frame to permit in-
 dustry to move to meet such standards,
 thereby providing protection to the pub-
 lic health  and welfare  at the earliest
 possible time.
   The  regulation as proposed has been
 delayed  in promulgation  due  to  the
 Agency's efforts at resolving the  uncer-
 tainties raised by many commentators
 concerning the ability of the Agency to
 adequately establish the availability of
 technology at reasonable cost for  stand-
 ards more stringent  than 80 dBA  for
 future years.
   Proceeding with standards at this time
 for 1978 and 1982 periods, we believe is In
 the best public Interest, particularly since
 anticipated industry production lead
 times for post-1982 would allow time for
 further clarifications of these uncertain-
 ties and allow for the establishment of
 more stringent standards within the de-
 sired time frame. To indicate clearly the
 Intent  of the  Agency to establish more
 stringent standards in the post-1982 pe-
 riod, a section in the regulations has been
specifically reserved therefor.
  The effective date of the 83 dBA noise
level standard has  been changed from
 January 1, 1977 to January 1, 1978 and
 the 80 dBA noise level standard effective
date has been changed from January 1,
1981 to January 1, 1982. This Is occa-
sioned by the unexpected delay In pro-
mulgating the regulation from the time
anticipated in the proposed rulemaklng.
This extension of the effective dates pro-
vides the industry with the requisite lead
times,  as described in the  Background
Document to this regulation, to comply
with  the standards  with no  industry
disruption while minimizing  the  costs
and economic Impacts of applying the
required noise control technology.
  The extension of the effective dates win
only delay by a corresponding length  of
time  the health  and welfare benefits
which  would otherwise be attained with
the earlier effective dates for the similar
noise levels, but will not otherwise change
the resulting benefits.
5.3  Production Tolerances
  Production tolerances were considered
In setting the regulatory standards in the
Notice of Proposed Rule  Making  and
have again been considered in setting the
final standards. These tolerances  were
taken  into account in determining the
economic Impact of this regulation. After
careful consideration, the Administrator
determined that the standards should re-
main on a not-to-exceed basis, as origi-
nally proposed.
5.4  Calibration
  The proposed  regulation required  a
complete calibration of the entire sound
measurement system  to be made annu-
ally. It is considered that this is a mini-
mum requirement and in the final regu-
lation, the calibration has been required
on at least an annual basis and as fre-
quently as is necessary during the annual
period. It is left to the complying parties
as to how often calibration  is necessary
to ensure the validity of  then- test data.
5.5 Ambient Noise Levels
  The  proposed regulation required that
the ambient noise be at least 10 dBA
below test vehicle noise. It has been sug-
gested  that  this  difference  be made
greater  than  10  dBA.  Calculations
showed less  than V2 dB variation when
the difference between levels is 10 db  or
more. Consequently, the Ambient Level/
Test Vehicle Level difference was left un-
changed  from 10 dBA.
5.6 Automatic Transmissions
  The Agency test procedure as proposed,
and the similar SAE J366 test procedure,
do not assure that, during  testing, the
maximum engine noise is generated by
vehicles equipped with automatic trans-
                                      10
 image: 








missions. A minor technical modification
to the test procedure to deal with this
problem has, therefore, been  incorpo-
rated in  the final  regulation  by the
Agency. Technical comments received re-
garding the test procedures indicate no
objections as to validity of  the test re-
sults obtained using this procedure.
5.7  Averaging the  Two  Highest Data
     Points
  The proposed regulation required that
the two highest data points on each side
of the test vehicle be averaged and re-
ported as the results of the test. It has
been suggested that  this procedure pro-
duces results which are higher than levels
typically produced by the vehicle. The
procedure has been changed to allow two
levels within 2 dB of each  other to be
used as the measured level on each side.
5.8  Cetane Ratings  and Test Results

  The cetane rating of the fuel used
during testing of  diesel engines may
affect the noise levels generated. For ex-
ample, a naturally aspirated truck using
fuel with a cetane rating of 50 may be
measured at  2.4 dBA lower noise emis-
sions than the  same  truck using fuel
with a cetane rating of 42.  The normal
cetane range for type 2D diesel fuel, the
most common, is 42 to 50. A turbocharged
truck may vary as much as 1.2  dBA.
  Therefore,  an addition has been made
to the  regulation  specifying the range
of 42-50 cetane rating, thereby prevent-
ing the use of very high quality fuel in
testing noisy trucks and ensuring that
the range of possible variation is limited
to 2.4 dBA for compliance testing. This
range maintains consistence with other
requirements  imposed by EPA  in the
gaseous emissions regulation. This range
does not limit significantly the avail-
ability of diesel fuel  for testing. It is the
most common range of cetane ratings for
diesel  fuel and  can be  obtained from
virtually every distributor.  No changes
in testing costs are expected to  result
from this change to the proposed regula-
tion.
5.9  Allowing the Demand Actuated Fan
     To  Be Disengaged During Vehicle
     Testing
  At the present time, demand actuated
fans typically require the fan to operate
less than 6 percent of the time. The fact
that  the fan operates only when it is
needed results in significant fuel savings.
From  a fuel  savings standpoint  alone,
there is an  incentive to minimize fan
operation time. However, some concerns
have been raised that exempting the de-
mand actuated fans from  testing may
lead to the installation of products in-
ferior to those presently on the market
in order to avoid the intent of the reg"ola-
tion. In order to encourage the use of
demand actuated fans, the Administrator
has decided that fan clutches may be dis-
engaged  during  compliance testing. If
our studies and compliance information
indicate the intent of  the regulation Is
being  circumvented,  appropriate  re-
visions to this regulation will be rapidly
implemented.
5.10  Useful Life Standard
  As it appeared in the proposed regula-
tion, the standard for medium and heavy
trucks was to extend over the useful life
of the vehicle. The intent behind this re-
quirement was to ensure that the public
health and welfare benefits derived from
the medium and heavy truck standard
would be fully achieved over time. The
Agency  maintains that products  which
meet emission standards developed to
protect public health and welfare should
continue to meet those standards during
the products' life. However, where degra-
dation cannot be  reasonably prevented
through periodic preventive maintenance
and repair,  standards may include  a
degradation allowance.
  Currently, only limited data are avail-
able te reasonably  determine whether
and to  what  degree the  noise from a
properly maintained and repaired  me-
dium and heavy truck would degrade in
time. Accordingly, the Agency is reserving
a section for useful life requirements in
the regulation and win defer action on
setting a useful life standard until suf-
ficient data are collected on which to base
a standard. The delay In promulgating
a  useful  life standard should not be
construed as a  deemphasis of this  re-
quirement, but merely as a means to as-
sure  that an accurate and reasonable
useful life requirement may be Imposed.
5.11  Enforcement Program

  Comments were received which related
to many aspects of the proposed enforce-
ment program, including testing, moni-
toring and inspecting. After considering
the comments carefully, EPA has revised
the program significantly' to make It more
streamlined, fair and flexible.  These
comments and changes are  discussed in
detail in the Background Document.
  Specifically, the following  modifica-
tions were made:
  5.11.1  Inspections  and data acquisi-
tion have been limited to that informa-
tion necessary for the Administrator to
determine  whether the  manufacturer
                                       11
 image: 








has been or is distributing into commerce
conforming products.
  5.11.2  Notice  and  opportunity  for
hearing has been provided for in all cases
where recall or cease to-distribute orders
are to be Issued.
  5.11.3  Portions  of  the  regulation
which limited the right of counsel in any
way have been deleted.
  5.11.4  Provisions hi the proposal re-
quiring personal appearance  of employ-
ees before EPA  Enforcement  Officers
have been deleted.
  5.11.5  Information   recording   and
reporting requirements have been re-
vised to make them quicker and simpler.
  5.11.6  The   regulation   has  been
amended to allow automatic conditional
waiver of the production verification re-
quirement for up to 45 days  to allow
distribution of vehicles where inclement
weather has delayed testing.
  5.11.7  The  requirement of ten  days'
advance notice of intent to test has been
deleted.
  5.11.8  The   regulation   has  been
amended to allow a manufacturer to pro-
duction verify selected configurations  in
any order he desires.
  5.11.9  The definitions of category and
configuration have  been changed so  as
to significantly reduce the  number  of
defining parameters and  reduce  the
number of categories that would require
testing.
  5.11.10  The requirement that tamper-
ing information be  provided  to the Ad-
ministrator 90 days before distribution
has been reduced to 30 days.
  5.11.11  The requirement that  the
manufacturer  submit information  on
noise-related performance specifications
has been deleted.
  5.11.12  The batch determination for
8EA testing purposes will be based  to
the extent practicable, on build rate in-
formation submitted  pursuant  to a re-
quest for production  information, or-
dered under 205.53(b).
  5.11.13  Provision has been  made  to
allow a manufacturer  to petition the
agency  for review of agency modifica-
tions  to the manufacturer's suggested
maintenance instructions.
     6.  IMPACT OF THE REGULATION

  Using data and information accrued to
develop the proposed regulation, comple-
mented by additional technological and
economic data and information made
available to the Agency during the pub-
lic comment  periods, the  Agency re-
evaluated the impact of the medium and
heavy truck regulation  being promul-
gated. Summarized below  are  the im-
pacts anticipated.
6.1  Public Health and Welfare
  It is estimated that over 98.3 million
people are exposed to urban transporta-
tion noise levels that are in  excess of Ldn
55. Ldn 55 is the level EPA has identified
as protective of public health and wel-
fare with an adequate margin of safety.
Compliance with the  new truck regula-
tion in combination with  other vehicle
noise control regulations will result in a
reduction in the extensiveness  (number
of people impacted) and severity (mag-
nitude of each person's exposure) of cur-
rent noise impact by 30.0 percent in 1982,
55.2 percent in  1991, and  57.9  percent
by  the  year 2001. Further, compliance
with the new truck regulatfon along'with
the regulation of portable air compressor
noise at 76 dBA (measured  at 7 meters),
could produce a combined  reduction in
construction site noise impact severity in
the order of 33 to 43 percent.
  In terms of the actual number of peo-
ple receiving benefits  from the medium
and heavy truck regulation being  pro-
mulgated, the regulation will have the
direct effect on reducing the impact of
urban traffic noise for 98.3 million people
and of  construction site noise for 27.4
million people.
6.2   Cost and Economic Impacts
  The uniform annualized cost is  esti-
mated by the Agency to be $225 million
when no credit for fuel saving, due to the
application  of  thermostatically  con-
trolled fan clutches and efficient fan de-
signs, is credited to  the regulation. If
credit for the fuel savings resulting from
the application of these fan noise treat-
ments is accrued to the truck noise con-
trol regulation, the result'ng "cost" is in
fact a uniform annualized "saving" of
$523 million. The costs as reported, have
been  developed as worst case costs for
quieting existing trucks to a level which
meets the standards which incorporating
an  adequate quality control  margin to
assure compliance by  the manufacturer.
  These costs  assume no improvements
in technology, design'or application in
quantity in the production  of trucks.
With improvements  in technology and
with mass production it is estimated that
the above costs may be further  reduced
by up to 50 to-60 percent.
  Truck list price increases are expected
not to exceed those shown in the follow-
ing table:
                                      12
 image: 








              Increase in truclc prices due to noine controls 6j/ type of truck
            Type of truck
                                         83dBA
                                                                  SOdBA
                                 Price increase   Percent increase  Price increase  Percent incrcaw

Heavy, gasoline -- .. .- 	 ._
Mprfinm, dipspl


$35
	 125
- -. . 426
356

0 6
1.1
5.8
1.4

$180
255
8.50
589

                                                                               3.1
                                                                               2.2
                                                                              11.6
                                                                               2.3
           7.  FUTURE  INTENT
  The Agency  is  pursuing a strategy
through which  major  contributors  to
surface  transportation  noise will  be
identified and subsequently regulated. A
coordinated  approach is necessary be-
cause of the multitude of transportation
vehicular sources which may be operat-
ing at the same time and the quieting of
only one type vehicle will not in itself be
sufficient to adequately reduce the noise
to a level the Agency believes required to
protect the public health and welfare.
  As indicated in the EPA Identification
of Major Sources of Noise Report (39 FB
22297-99. June  21, 1974), the principal
candidates for future regulatory efforts
are known. On May 28,1975, the Agency
Identified the following pieces  of surface
transportation   equipment   as  major
sources of noise: buses and motorcycles
(40 FB 23105). Regulatory development
is well underway to establish noise con-
trol standards  for these two products.
The levels chosen  for the  standards in
this rulemaking are consistent with the
overall requirements to quiet all vehicles
In order to ultimately quiet overall traf-
fic noise.
  The Agency also intends to commence
regulatory  action  on   other  surface
transportation  equipment  in the  near
future. These further actions will in-
clude  separate  rulemaking procedures
for tires and a revision to the interstate
motor carrier regulations (39 PR 38208-
216, October  29, 1974)  requiring  newly
manufactured medium and heavy trucks
to maintain a  specified noise emission
level while operated  by motor carriers
engaged in interstate  commerce.
       8. BACKGROUND DOCUMENT

   Notice of the availability of the Docu-
ment entitled "Background Document for
Proposed  Medium and  Heavy  Truck
Noise Emission  Regulations"  was pub-
lished in the FEDERAL  REGISTER on Octo-
ber 30, 1974 (39 FR 38338). This docu-
ment has been substantially revised and
provides the basis  for the standards es-
tablished by  this rulemaking. This new
document is entitled "Background Docu-
ment for Medium  and  Heavy  Truck
Noise Emission Regulations." It is quite
lengthy,  and it would be impractical to
publish it in its entirety in the FEDERAL
REGISTER. Copies may be obtained from
the EPA Public Information Center <PM
214), Room 2104D, Waterside Mall, 4th
and M Streets  SW., Washington,  D.C.
20460.

  Dated: March 31, 1976.

                  RUSSELL E. TRAIN,
                       Administrator.

  40  CFR  CHAPTER I is amended'by
adding a new Part 205, reading as fol-
lows:
       Subpart A—General Provisions

Sec.
205.1      General applicability.
205.2     Definitions.
205.3     Number and gender.
205.4      Inspection and monitoring.
205.5      Exemptlens.
205.5-1    Who may request an exemption..
205.5-2    Testing exemption,
205.5—3    Pre-verlficatlon exemptions.
205.5-1    National security exemptions.
205.5—5    Export exemptions.
205.5-6    Granting of exemptions,
205.5-7    Submission of exemption, request.

     Subpart B—Medium and Heavy Trucks

205.50    Applicability.
205.51     Definitions.
205.52     Vehicle noise emission standards.
205.53     Maintenance of records: submlt-
            tal of Information.
205.54     Test procedures.
205.54-1   Low speed  sound emission test
            procedures.
205.54-2   Sound data acquisition system.
205.55     Production verification.
205.55-1   General  requirements.
205.55-2   Production  verification: compli-
            ance with standards.
205.55-3   Configuration Identification.
205.55-4   Production verification report: re-
            quired data.
205.55-5   Test vehicle sample selection.
205.55-6   Test vehicle preparation.
205.55-7   Testing.
205.55-8   Addition of, changes to and devia-
            tion from a vehicle configura-
            tion during the model year.
205.559-9   Production verification based on
            data from previous model years.
205.55-10  Cessation of distribution.
205.55-11  Labellng-compliance.
205.55-12  Labellng-exterlor.
                                         13
 image: 








 Sec.
 205.56    Testing by the administrator.
 205.57    Selective  enforcement  auditing
            requirements.
 205.57-1   Test request.
 205.57-2   Test vehicle sample selection.
 205.57-3   Test vehicle preparation.
 205.57-4   Testing procedures.
 205.57-5   Beporting of the test results.
 205.57-6   Acceptance   and  rejection   of
            batches.
 205.57-7   Acceptance and rejection of batch
            sequence.
 205.57-8   Continued testing.
 205.57-9   Prohibition on  distribution  in
            commerce; manufacturer's rem-
            edy.
 205.58    In-use requirements.
 206.58-1   Warranty.
 205.68-2   Tampering.
 205.58-3   Instructions for maintenance, use
            and repair.
 205.59    Recall of noncomplying vehicles.
               APPENDIX I
  AUTHORITY: Sec. 6, 10, 11, 13, Pub. L. 92-
 574, 86 Stat. 1234 (42 UJ3.C. 4905, 4909, 4910,
 4912).

      Subpart A—General Provisions

 § 203.1   General applicability.
  The provisions of this subpart are ap-
 plicable to all products for which regula-
 tions have been published under this part
 and which  are manufactured after the
 effective date of such  regulations.

 § 205.2   Definitions.
  (a) As  used In this subpart, all terms
 not denned herein shall have the mean-
 ing given them in the Act.
  (1) "Act" means the Noise Control Act
 of 1972 (PL 92-574, 86 Stat, 1234).
  (2)  "Administrator" means the Ad-
 ministrator of the Environmental Pro-
 tection Agency or his  authorized repre-
 sentative.
  (3) "Agency" means the United States
 Environmental Protection Agency.
  (4) "Export exemption" means an ex-
 emption 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 export-
ing regulated products.
  (5)  "National  security  exemption"
means an exemption from the prohibi-
tions of section 10(a)  (1), (2), (3), and
 (5)  of the Act, which may be granted un-
der section  10(b) (1) of the Act for the
purpose of national security.
  (6)   "Pre-verification    exemption"
means a testing exemption which is ap-
plicable to products manufactured  prior
to product verification and required un-
der any section of this part, and use by
a manufacturer from year to year in the
ordinary course of business, for product
development, production method assess-
ment, and market  promotion purposes,
but in a manner not involving  lease or
sale.
  (7) "Sound Level" means 20 times the
logarithm to base 10 of the ratio of pres-
sure of a sound to  the  reference pres-
sure. The reference pressure is 20 micro-
pascals  (20 micronewtons per square me-
ter). NOTE: Unless otherwise explicitly
stated,  it is to be  understood  that  the
sound  pressure Is  the  effective (nns)
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  ab-
breviation  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  para-
graph   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 Broad-
way, New York, New York 10018.
  (12)  "Person" means  an Individual,
corporation, partnership, or association,
and except as provided in sections ll(e)
and 12 (a) of the Act includes any officer,
employee, department, agency or Instru-
mentality 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 re-
sale.
  (15) "New product" means (a) a prod-
uct the equitable or legal title  of which
has never  been transferred to  an ulti-
mate purchaser, or (b) a product which
Is imported or offered for importation
                                       14
 image: 








Into the United States and which  Is
manufactured after the effective date  of
a regulation under section 6 or section 8
which  would  have been  applicable  to
such product had it been manufactured
in the  United States.
  (16)  "Manufacturer" means any per-
son engaged In the manufacturing or as-
sembling of new products, or the import-
ing of  new products for resale, or who
acts for and is  controlled  by any such
person in connection with  the distribu-
tion of such products.
  (17)  "Commerce" means trade, traffic,
commerce, or transportation:
  (i) Between a place hi a State and any
place outside thereof, or
  (ii) Which affects trade, traffic, com-
merce,  or  transportation  described  in
subparagraph (i).
  (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 Sa-
moa, Guam, and the Trust Territory  of
the Pacific Islands.
  (20) "Federal Agency" means an execu-
tive agency (as denned in section 105  of
Title 5, United States Code) and includes
the United States Postal  Service.
  (21)  "Environmental noise" means the
intensity, duration, and the character of
sounds from all sources.
  (22)  "Warranty" means  the warranty
required by § 6(c) (1) of the Act.
  (23)  "Tampering" means those  acts
prohibited by £ 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 re-
quire 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 sec-
tion 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, demon-
strations, or training,  but not Including
national security where lease or sale of
the exempted product is involved.
  (27) "Product" means any transporta-
tion equipment for which  regulations
have been promulgated under this part
and includes "test product."
  (28) "Test product" means any prod-
uct that is required to be tested pursuant
to this part
§ 205.3  Number and gender.
  As  used in this part,  words In the
singular shall be deemed  to Import tho
plural,  and  words  In  the  mascuHn*
gender  shall be deemed to Import tbt
feminine and vice versa, as the case majr
require,

§ 205,4  Inspection and monitoring.
  (a) Any inspecting or monitoring ac-
tivities  conducted under  this  section
shall  be for the purpose of determining
(1) whether required records are being
properly, maintained, (2)  whether  test
products are being selected and prepared
for testing in accordance  with  the pro-
visions of these regulations, (3)  whether
test product testing is being conducted in
accordance  with these regulations, and
(4) whether products being produced for
distribution into commerce are as de-
scribed in  the  production  verification
report.
  (b) Any manufacturer subject to regu-
lation under  this part shall admit or
cause to be admitted any Environmental
Protection Agency (hereafter, EPA) En-
forcement Officer during operating hours
upon  demand after  having  received 24
hour  prior  notification except as pro-
vided for  by paragraph (e)  of  this sec-
tion, and  upon  presentation  of creden-
tials and authorization in  writing signed
by the Director, Mobile  Source Enforce-
ment Division or his designee 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:
  (3)  Any facility  or site where any test
product is present; and
  (4)  Any facility  or site where records,
reports, other documents or information
required to be maintained  or provided to
the Administrator  are located.
  (c) (1) Upon admission to any facility
or site referred  to in paragraph (b) of
this section, any EPA Enforcement Offi-
cer shall be allowed:
  (i)  To inspect and monitor test prod-
uct manufacture and assembly, selec-
tion,  storage,   preconditioning,  noise
emission testing, and maintenance,  and
to verify  correlation or calibration of
test equipment;
                                       15
 image: 








  (ii) To inspect products prior to their
distribution in commerce;
  (iii)  To  inspect and  make  copies of
any records, reports, documents, or in-
formation required to be maintained or
provided to the Administrator under the
Act;
  (iv)  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.
  (2) Any  EPA  Enforcement  Officer
shall be furnished by those in  charge of
a facility or site  being inspected with
such reasonable assistance as he may re-
quest to help him discharge any function
listed in this section. A  manufacturer is
required to cause  those in charge of a
facility or site operated  for its  benefit to
furnish such reasonable assistance with
out charge  to EPA whether or not it con-
trols the facUity.
  (3) The  duty to admit or cause  to be
admitted any  EPA Enforcement Officer
applies  whether the facility or site  Is
owned or controlled by the manufacturer
or by one who acts for the manufacturer
and applies both to domestic and foreign
manufacturers' facilities and sites. EPA
will not attempt to make any inspections
which it has been informed that foreign
law  forbids.  However,  if foreign law
makes it impossible to do what is neces-
sary to ensure the accuracy of data gen-
erated at a facility, no informed judg-
ment that  a product has  been properly
tested in accordance with these regula-
tions can properly be based on that data.
It is the responsibility of  the manufac-
turer to locate its  testing and manufac-
turing facilities and sites in jurisdictions
where this situation will not arise.
  (d) For purposes of this section:
  (1) "Presentation of credentials" shall
mean display of the document designat-
ing 'a person  as an EPA  Enforcement
Officer.
  (2) Where test product storage  areas
or facilities are  concerned, "operating
hours" shall mean all times during which
personnel other than custodial personnel
are at work hi 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 prod-
uct testing and maintenance  is taking
place and/or production or compilation
of records is taking place, or any  other
procedure or activity related to produc-
tion  verification testing,  selective en-
forcement  audit  testing  or   product
manufacture or assembly being carried
out in a facility.
   (e)  Any entry without 24 hour prior
written or oral notification to the affected
manufacturer  shall  be authorized  in
writing by the Assistant Administrator
for Enforcement.
   (f)  (1) Pursuant to Section  ll(d)d)
of the Act, the Administrator may issue
an order to the manufacturer to cease
the distribution in commerce of particu-
lar products being manufactured at  a
particular facility if:
   (i)  Any EPA Enforcement Officer is
denied the access required in paragraph
(b) and (c) of this section.
   (ii)  Any EPA Enforcement Officer is
denied "reasonable assistance" (as  de-
nned in §205.2(a)(13)).
   (2)  The sanction of  issuing  an order
to cease  distribution  of products  into
commerce may be imposed for the rea-
sons in subparagraph (i) and/or (ii) of
this paragraph only when the infraction
is substantial.
   (3)  Any such  order shall be issued
only after notice and opportunity for a
hearing.

§ 205.5  Exemptions.
§ 205.5—1  Who may request an exemp-
     tion.
   Any  manufacturer  may  request an
exemption provided  by  this subpart or
exempt products as provided by § 205.5-5.

§ 205.5-2  Testing exemption.
   (a)  Any manufacturer requesting  a
testing exemption must demonstrate that
the proposed test program:

   (1) Has a purpose which constitutes
an appropriate basis  for an exemption
in accordance with section  10(b)(l)  of
the Act;
   (2) Necessitates the  granting of an
exemption;
   <3) Exhibits reasonableness in scope:
and
  (4) Exhibits a degree of control con-
sonant with the purpose of the program
and the EPA's monitoring requirements.
Paragraphs (b), (c), (d), and (e) below
describe what constitutes  a sufficient
demonstration for each of the four above
identified elements.
  (b) With respect to the purpose of tiie
proposed test  program,  an  appropriate
purpose is one which is consistent with
one or more of the bases for exemption
set forth under section  10(b) (1) of  the
Act,   namely  research, investigations.
studies, demonstrations, or training,  but
not  including  national security  (see
                                       16
 image: 








§ 205.5-4).  A concise statement of pur-
pose is a required item of information.
  (c) With respect to the necessity that
an   exemption  be granted,  necessity
arises from an inability to achieve the
stated purpose in a practicable manner
without  performing a  prohibited  act
under sections 10(a) (1), (2), (3), or (5)
of the Act. In appropriate circumstances
time constraints may be sufficient basis
for necessity.
  (d) With respect to reasonableness, a
test program must exhibit a duration of
reasonable length and affect a reason-
able number of products. In this regard.
required items of information include:
  (1) An estimate of the program's du-
ration;
  (2) The absolute number of products
involved;
  (3) The duration of the  test;
  (4) The ownership arrangement with
regard to  the products Involved  in the
test;
  (5)  The Intended final disposition of
the products;
  (6) The means or procedure whereby
test results will be recorded.
  (c) Paragraph (a) of this section ap-
plies irrespective of the product's place
of  manufacture.
§ 205.5-3   Pre-verification exemption*.
  Section 205.5-2 does not apply for pre-
veriflcation products. In such cases,  a
request for exemption is necessary; how-
ever, the  only information required i.«
a statement setting forth the  genera!
nature of  the pre-veriflcation products
program,  the number  of  products  in-
volved and a. demonstration  that ade-
 quate record-keeping procedures  for the
 control purposes will be employed.
 § 205.5—1   National security exemptions.
  A manufacturer requesting a national
security exemption must state the pur-
 pose for which the exemption is required
 and  the request must be endorsed by
 an  agency of the Federal government
 charged with responsibility for national
 defense.
 § 205.5—5   Export exemption*.
   (a) A new product intended solely for
 export, and so labeled or marked on the
outside of  the container and on the prod-
uct itself,  shall be exempt from the pro-
hibitions of section 10(a), (1), (2),  (3),
 and  (4) of the Act.
   (b) No  request for an export exemp-
 tion is required.'
   (c) It is a condition  of an export ex-
 emption under  section 10 (b) (2)  that
 such exemption  shall  be void ab Initlo
with respect to each new product in-
tended solely for export which is distrib-
uted in commerce for use in any State.
  (d) Any manufacturer or person sub-
ject  to the  liabilities of section 11 (a)
with respect to any product, originally
intended for export, but distributed in
commerce for use in any State, may be
excluded from the application of sec-
tion  11 (a) with respect to such product
based upon  a showing that such manu-
facturer:
  (1) Had no knowledge of such prod-
uct being distributed in commerce for
use in any state; and
  (2) Made  reasonable efforts to ensure
that such products would not be distrib-
uted in commerce for use in any State.
Such reasonable efforts  would  include
investigation,  prior  dealings,  contract
provisions, etc.

§ 205.5—6  Granting of exemptions.
  (a) If upon completion of the review
of an exemption request, the granting of
an exemption Is deemed appropriate, a
memorandum  of exemption will be pre-
pared and submitted to the manufacturer
requesting the exemption. The memo-
randum will set forth the basis for the
exemption,  its scope, and such terms
and  conditions as are  deemed neces-
sary to protect the public  health  and
welfare. Such  terms and conditions will
generally include, but are not limited to,
agreements  by the  applicant  to  con-
duct the exempt activity in the manner
described to EPA, create and maintain
adequate records accessible to EPA at
reasonable times, employ labels for the
exempt products setting forth the na-
ture of the exemption, take appropri-
ate measures  to  assure that the terms
of the exemption are  met, and advise
EPA of the  termination  of the activity
and the ultimate disposition of the prod-
ucts. EPA may limit the scope of any
exemption  by placing  restrictions  on
time, location  and duration. EPA may
also withdraw the exemption  at  any
time based  upon information that the
public   health  and welfare  is  being
endangered.
  <b) Any exemption granted pursuant
to paragraph  (a) shall be  deemed to
cover any subject product only to the
extent that  the specified terms and con-
ditions  are  complied with. A breach of
any  term or condition  shall cause the
exemption to be void ab initio  with re-
spect to any product. Consequently, the
distribution In commerce for use of any
subject product other than in strict con-
formity with all terms and conditions of
                                      17
 image: 








 this exemption shall constitute a viola-
 tion of section 10(a) (1) and (3) of the
 Act, and shall render the manufacturer
 to whom the exemption is granted and
 any other person to whom the provisions
 of section 10 are applicable, liable to
 sanction under sections 11 and 12 of the
 Act.

 § 205.5—7  Submission of exemption re-
     quest.
   Bequests for exemption or further in-
 formation concerning  exemptions and/
 or the exemption request review proce-
 dure should be addressed to:
 Director, Mobile Source  Enforcement Divi-
  sion  (EN340), US. Environmental Protec-
  tion Agency, 401 M Street SW., Washing-
  ton, D.O. 20460.

   Subpart B—Medium and Heavy Trucks

 § 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 high-
 way or street and which meets the defi-
nition  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 vehi-
 cles 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 refrig-
 eration equipment.

 § 205.51  Definitions.
   (a) As used In this subpart, all terms
not denned herein shall have the mean-
Ing given them  in the  Act or in other
 subparts of this part.
   (1) "Acceptable Quality Level" means
 the maximum percentage of failing vehi-
 cles  that for purposes of sampling In-
spection, can be considered satisfactory
 as a process average.
   (2)  "Acceptance of  a batch" means
 that the number of noncomplying vehi-
 cles in the batch sample is less than or
 equal to the acceptance number as de-
 termined by the appropriate sampling
plan.
   (3) "Batch" means  the collection of
 vehicles of the same category or config-
uration as designated by the Administra-
tor in a test request, from which a batch
sample  is to be randomly drawn,  and
inspected to determine conf ormance with
the acceptability criteria.
  (4) "Batch size" means the number as
designated by the  Administrator in the
test request of vehicles of the same cate-
gory or configuration in a batch.
  (5) "Batch sample" means the collec-
tion of vehicles of the same category or
configuration which are randomly drawn
from a  batch from which test samples
are randomly 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 en^
gine" means the cab which contains the
operator/passenger compartment is di-
rectly above the engine and front axle
and the entire cab can be tilted forward
to permit access to the engine compart-
ment.
   (8) "Category"  means a group of ve-
hicle configurations  which are identical
in all material aspects with respect to the
parameters listed in § 205.55-3.
   (9) "Configuration" means the basic
classification unit of a  manufacturer's
product line and is comprised of all ve-
hicle designs, models or series which are
identical in material aspects with respect
to the parameters listed in § 205.55-2 of
this subpart.
   (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 de-
 termined 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
 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:
   (1) Is self propelled and is  capable of
 transporting any material  or fixed ap-
 paratus,  or Is capable  of drawing  a
 trailer  or semi-trailer;
   (ii) Is capable of maintaining a cruis-
 ing speed of at least 25 mph over level,
 paved surface;
   (iii)  Is  equipped  or  can  readily  be
 equipped with features customarily asso-
 ciated  with practical street or highway
 use, such f eatures including but not being
 limited to: a reverse gear and a differen-
 tial, fifth wheel, cargo platform or cargo
 enclosure, and
   (iv)  Does not  exhibit features which
                                       18
 image: 








render its use on a street or highway Im-
practical, or highly unlikely, such fea-
tures 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 sys-
tem comprised of a combination of com-
ponents which provides for enclosed flow
of exhaust gas from engine exhaust port
to the atmosphere.
  (14)   "Gross   Combination  Weight
Rating"  (GCWR) means the value speci-
fied 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 asso-
ciated with a particular sampling plan.
   (17) "Model year" means the manu-
facturer's  annual  production  period
which includes  January 1 of such cal-
endar year: Provided, that if the manu-
facturer has  no annual production  pe-
riod, 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 con-
 trol or  cause  the  reduction of nolsa
 emitted from a vehicle.
   (19) "Jloise emission test" means a test
conducted pursuant to the measurement
methodology  specified  in  this subpart.
   (20) "Production verification vehicle"
means any vehicle selected for  testing,
tested or verified pursuant to the pro-
 duction  verification requirements of this
 subpart.
   (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 pro-
duction  work period for one  group of
 workers.
   (23) "Test  sample"  means the collec-
tion of vehicles  from the same category
or  configuration  which  is  randomly
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 appli-
cable procedure, exceeds  the applicable
standard.
   (25) "Acceptance of  a vehicle" means
that the measured emissions of  the ve-
hicle when measured in accordance with
the applicable  procedure, conforms to
the applicable standard.
  f26) "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
in a test sample or & production verifi-
cation vehicle.
  (29) "Vehicle" means any motor ve-
hicle, machine or tractor  propelled  by
mechanical  power, with a  gross vehicle
weight rating in excess  of 10,000 pounds,
capable of transportation of property on
a street or highway, and includes a par-
tially or fully enclosed  operator's com-
partment.
§ 205.52  Vehicle noise emission stand-
     ards.
  (a) Low Speed Sound Emission Stand-
ard. 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
  (1)  Jan. 1,1978	  83dBA.
 (11)  Jan. 1.1982	  80 dBA.
(Ill)  Jan. 1,1985	  [Reserved].

  (b) The  standards set forth to para-
graph (a)  of this section refer'to the
sound emissions as measured in accord-
ance with the procedures  prescribed in
§ 205.54-1,2.
  (c) Every manufacturer  of a new mo-
tor vehicle subject to the standards pre-
scribed in this paragraph shall, prior to
taking any of the actions specified In
section 10(a)(l)  of the  Act,  comply
with the other provisions of this subpart
of Subpart A, as applicable.
  (d)  In-0se Standard [Reserved]
  <e) Low Noise Emission  Product [Re-
served]

§ 205.53  Maintenance  of records: sub-
     tnlltal of information.
  (a) Except as otherwise provided for
in this regulation the  manufacturer of
any  new vehicle subject to any of  the
standards or procedures  prescribed in
this  subpart  shall  establish,  maintain
and  retain  the following adequately or-
ganized and indexed records:
  (1) General records:  (i) Identifica-
tion  and  description by  category and
configuration parameters of all vehicles
composing  the manufacturer's product
line  including  the  identification and
description  of  all devices  incorporated
into  the vehicle for the purpose of noise
control and attenuation.
  (ii) A  description of any procedures
                                       19
 image: 








other  than those  contained In  these
regulations used to perform noise tests
on any test vehicle.
  (iii) A record of the calibration of the
acoustical instrumentation as is required
by § 205.54.
  (2) Individual  records for  test ve-
hicles: (i) A complete record of all noise
emission tests  performed (except tests
performed  by EPA directly), including
all  individual worksheets and/or  other
documentation relating to each test, or
exact copies thereof.
  (ii) A record and  description of all
repairs, maintenance and  other  serv-
icing performed, giving the date and
time of the maintenance or service, the
reason for it, the person authorizing it,
and the names of supervisory personnel
responsible for  the conduct of the main-
tenance or service.
  (3) A properly filed production veri-
fication report following the format pre-
scribed by the Administrator fulfills the
requirements of paragraph  (a) (1) (i),
(ii), (iii) and (a) (2) (i)  of this section.
  (4) All  records required to be main-
tained under this part shall be retained
by  the manufacturer for a  period of
three  (3)  years from  the  production
verification  date. Records may be re-
tained as hard copy or alternatively re-
duced to  microfilm, punch  cards, etc.,
depending on  the record retention pro-
cedures of the manufacturer;  however,
all  of the information contained in the
hard copy shall be retained in the alter-
native method  if this method is used.
  (b)  The manufacturer shall, pursu-
ant to a request made by the Adminis-
trator, submit to the  Administrator the
following  Information with regard to
new vehicle production:
  (1) number  of vehicles, by category
or configuration, scheduled  for produc-
tion for the  time  period designated in
the request.
  (2) number  of vehicles, by category
or configuration, produced  during the
time period designated in the request.
§ 205.54  Test procedures.
  The procedures described in this and
subsequent sections will be the test pro-
gram to determine the conformity of
vehicles with the standards  set forth in
{ 205.52.
§ 205.54—1  Low speed sound emission
     lest procedures.
  (a) Instrumentation.   The  following
instrumentation shall be  used,  where
applicable.
  (1) A sound  level meter which meets
the Type 1 requirements of ANSI SI.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 § 205.54-2.
  (2) A sound level calibrator. The cali-
brator shall produce a sound pressure
level, at the microphone diaphragm, that
is known to within an accuracy of ±0.5
dB. The calibrator shall be checked  an-
nually to verify that its output has  not
changed.
  (3) An   engine-speed   tachometer
which is accurate within ±2 percent of
meter reading.
  (4) An anemometer  or  other device
for measurement of ambient wind speed
accurate within ±10 percent.
  (5) A thermometer for  measurement
of ambient  temperature accurate within
±1 C.
  (6) A barometer for measurement of
ambient pressure accurate  within  ±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 Se  considered fulfilled  if  the  test
site  consists of an open  space free of
large reflecting surfaces, such as parked
vehicles, signboards,  buildings  or hill-
sides,  located  within  100  feet  (30.4
meters) of either the vehicle path or
  (2) The microphone  shall be located
50 feet ±4 in. (15-2=1:0.1  meter) from
the centerline of truck travel and 4  feet
±4 in. (1.2±0.1 meters) above the ground
plane. The  microphone point is defined
as the point of intersection of the  ve-
hicle path and the normal  to the vehicle
path drawn from the microphone.
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 es-
tablished 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.
                                       20
 image: 








  <7) The reference point on the ve-
hicle, to indicate when the vehicle is  at
any  of  the points on the vehicle path,
shall be the front of the vehicle  except
as follows:
  (i) If the horizontal distance from the
front of the vehicle to the exhaust out-
let 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
ABODE in Figure 1) shall be flat within
±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 ve-
hicle 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 in-
strument and the person shall  be di-
rectly 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 be-
tween the  microphone  and the  sound
level meter. No observer shall be located
within 1 m in any direction of the micro-
phone 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 reg-
ulated 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
  (13) Vehicles with diesel engines shall
be tested using  Number ID 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 recom-
mended  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.
 image: 








  (c) Procedure: (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) Beaching  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 gov-
erned 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 gov-
erned 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 re-
sult in reaching maximum rated or gov-
erned rpm beyond  the  permissible end
zone, unload the vehicle and/or increase
the  approach rpm in  100  rpm  incre-
ments until  the maximum rated or gov-
erned rpm  is reached  within  the end
zone.
  (ii) For the acceleration test, approach
the acceleration point using the  engine
speed and  gear ratio selected hi para-
graph (c) (1) of this section and at the
acceleration  point   rapidly  establish
wide-open  throttle. The vehicle refer-
ence shall be as indicated hi paragraph
(b) (7) of this section. Acceleration shall
continue until maximum rated or gov-
erned engine speed is reached.
  (iii) Wheel slip which affects maxi-
mum sound level must  be avoided.
  (iv)   If the vehicle  being  tested  is
equipped with an engine brake, it must
also be tested as follows: Approach the
microphone point at maximum rated or
governed engine speed in the gear se-
lected for the acceleration test.  At the
microphone point, close the throttle and
immediately  apply the  engine  brake
fully and allow the vehicle to decelerate
to one-half of maximum rated or of gov-
erned engine speed.  The vehicle refer-
ence shall be as indicated in paragraph
(b) (7) of this section. The engine brake
must be full on during this test.
  (2)  Vehicle  operation for  vehicles
with  automatic  transmissions.  Pull
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 ve-
hicle during  the test  run.  Also, select
an  initial  vehicle speed such that at
wide-open  throttle the vehicle will ac-
celerate from the acceleration point.
  (a)  Starting at two-thirds (66 per-
cent) of maximum rated or of governed
engine speed.
  (b) Reaching maximum rated or gov-
erned engine speed within the end zone.
   (c)  Without  exceeding  35  mph  (56
k/h) before reaching the end point.
  (.1)  Should maximum rated or gov-
erned  rpm be attained before reaching
the end zone, decrease the approach rpm
in 100 rpm increments until maximum
rated or governed rpm is attained with-
in the end zone.
   (2)  Should maximum rated or gov-
erned 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 hi 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 gov-
erned rpm still be attained before enter-
ing the  end zone, and the engine rpm
during approach cannot be  further low-
ered, begin acceleration at a point  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 gov-
erned rpm still be attained before enter-
ing the end zone, repeat the instructions
                                       22
 image: 








in paragraph  (4) until maximum rated
or governed rpm is attained within the
end zone.
  (ii)  For  the acceleration  test, ap-
proach 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 estab-
lish wide-open throttle. The vehicle ref-
erence shall be as indicated in paragraph
(b) (7) of this section. Acceleration shall
continue until maximum rated  or  gov-
erned engine speed is reached.
  (iii) Wheel slip which  affects maxi-
mum sound level must be avoided.
  (iv)  If the vehicle  being tested  is
equipped with an engine brake,  it must
also  be tested as follows:  Approach the
microphone point at maximum rated or
governed  engine speed in  the gear se-
lected for the acceleration test. At the
microphone point, close the throttle, im-
mediately apply the engine brake fully
and  allow the vehicle to  decelerate to
one-half of maximum rated or  of  gov-
erned engine speed. The vehicle reference
shall  be  as indicated in paragraph (b)
(7) of this section. The   engine brake
must be full on during this test.
  (3) Measurements, (i) The meter shall
be set for "fast response" and the A-
•weighted network.
  (ii) The meter shall be  observed dur-
ing the period while  the  vehicle is ac-
celerating  or  decelerating. The appli-
cable reading shall be the highest sound
level obtained for the run.  The observer
is cautioned to  rerun  the  test if unre-
lated peaks should occur due to extrane-
ous ambient noises. Readings shall  be
taken on both side 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) Meas-
urements shall be made only when wind
velocity is below 12 mph (19 km/hr).
  (2) Proper  usage of all test instru-
mentation is  essential  to  obtain valid
measurements.  Operating manuals  or
other literature furnished by the instru-
ment manufacturer shall be referred to
for both recommended operation of the
instrument and precautions  to  be ob-
served. 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 pro-
cedure to include  the  influence of ex-
tension cables,  etc.  Field  calibration
shall be  made immediately  before and
after each test sequence. Internal cali-
bration means is acceptable for field use,
provided that external calibration is ac-
complished 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
Sl.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)  correc-
tions must be made for barometric or al-
timetric changes according to the recom-
mendation of the  instrument manufac-
turer.
  (4) The truck shall be brought  to its
normal operating  temperature prior to
commencement of testing. During test-
ing appropriate caution  shall be  taken
to maintain the engine at temperatures
within the normal operating range.
§ 205.54—2  Sound data  acquisition sys-
    tem.
  (a) Systems employing tape recorders
and graphic level recorders may be estab-
lished  as equivalent to a Type I—ANSI
Sl.4-1971 sound level meter for use in
determining compliance with this  regu-
lation  by meeting the requirements of
this section (§ 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 accord-
ance with section  (2). The tolerances in
Table 205.1  are applicable to either flat
or A-weighted response. (See paragraph
(3) (iii)).
                                       23
 image: 








   (li)  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  that 0.5 dB. A true
 rms voltmeter shall be used to determine
 equivalence of two input signals.
   (ill)  Indicating meter. If an indicating
 meter is used  to obtain sound levels or
 band pressure  levels, it must meet the
 requirements of  paragraph (a) (2)  and
 <a) (6) (ii)  of this section and the follow-
 ing.
   TABJ.E 205.1.—System response data
Frequency A-weighted
(hertz) response
(Re-1000 Hi, dB;
81. 5
40.0
50.0
63.0
80.0
100.0
125.0
160.0
200.0
250.0
315.0
400.0
500.0
630.0
800,0
1,000.0
1,250.0
1,600.0
2,000.0
2,500.0
3,150.0
4,000.0
5,000.0
6,300.0
8,000.0
10, ooo. a
12,500.0
-39.4
-34.6
-30.2
-28.2
-22.5
—19. 1
-10.1
-13.4
—10.9
-8.8
-6.6
-4.8
-3.2
-1.9
-.8
0
.6
1.0
1.2
1.3
1.2
1.0
.5
—.1
-1.1
-2.5
-4.3
Tolerance (decibels)
1 Plo»-
1.5
1.5
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
LO
1.0
1.0
1.0
1.5
1.5
1.5
2.0
3.0
Minus—
1.5
1.5
1.0
1.0
1.0
1.0
1.0
LO
1.0
LO
1.0
1.0
1.0
1.0
LO
LO
1.0
1.0
1.0
1.0
LO
1.0
2.0
2.0
3.0
4.0
6.0
  (A)  The scale shall be graduated in
1 dB steps.
  (B)  No scale indication shall be more
that 0.2 dB different from the true value
of the signal when an input signal equiv-
alent  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 equiv-
alent 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 re-
quirements are described in this  docu-
ment pertaining to tape recorders, except
for frequency  response. Generally, re-
corders of adequate  quality to provide
the frequency response performance re-
quired will also meet other minimum
requirements  for  distortion,  signal-to-
noise ratio, etc.
  (vi) Graphic level recorder dynamic
response. When using a graphic level re-
corder, it is necessary to select pen re-
sponse 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 com-
parative  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 paragraph  (a) (6) of this
section  likely  assure appropriate  dy-
namic response; however, different set-
tings  may be selected on the basis of the
above requirement.
  (A) Tlse a pen writing speed of nomi-
nally 60-100 dB/sec. If  adjustable, low
frequency response should be limited to
about 20 Hz.
  (B) Indicated overshoot for a  sud-
denly 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. (1)  Typical  noise measure-
ment and analysis  configurations  are
shown in Figures 2052 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 re-
strictive  voltage divider network, that
the input is not overloaded (see § 205.54-
  (ID 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 volt-
age corresponding to 86 dB sound level
at 1000 Hz. This will describe the fre-
quency  response characteristics  of  the
oscillator.
                                        24
 image: 








  (Ill) If a graphic level recorder Is to
be used, connect It to the oscillator out-
put. 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 de-
scribe  the frequency response  of the
graphic level recorder.
vedstat Sooti
level Metec
-»
tage Jferarfer
        Jigare 205.3 teta JBaJjsIs anl lest analysis
              mdsicn Sxucl
               taelifctar
            Ugore 205.4

  (Iv)  If visual observation of an indi-
cating 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 set-
ting 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 anal-
ysis, record an oscillator sweep over the
range of 31.5 to 12,500 Hz, using an ap-
propriate tape recorder input attenuator
setting. Alternatively,  tape-record  fre-
quency tones at the 27 frequencies given
in Table 205.1. Replay the tape record-
Ings 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 oscil-
lator 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 fre-
quency response, add the manufacturer's
microphone calibration data to the re-
sponse just obtained. This  may be  the
frequency  response  for  the  specific
microphone to be used, including calibra-
tion tolerances. Alternatively, use  the
manufacturer's  "typical"  microphone
response plus and minus the maximum
deviation expected from "typical"  in-
cluding calibration tolerances. Use  the
microphone response curve which corre-
sponds to the manner in which it Is used
in the field.  It may be required to  add
a correction to the response curves pro-
vided to obtain field response; refer to
the manufacturer's manual.
  (vil) Adjustment or repair of equip-
ment may be required to obtain response
within the requirements of paragraph
(a)  of this  section. After  any adjust-
ments, the system shall  be requalified
according  to  paragraph  (b)   of   this
section.
  (3) General comments,  (i) Calibrate
tape recorders using the brand and type
used  for  actual  data  acquisition.  Dif-
ferences in tape can cause an appreciable
variation in the recorder/reproduce  fre-
quency response characteristics of  tape
recorder.
  (ii) It shall be ensured that the In-
strumentation 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.
  (ill) Qualification tests shall be  per-
formed  using  equipment  (including
cables) and recording and playback tech-
niques 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  tiie
weighting  curve for comparison  with
record-playback  curves.   Precautions
should  also  be taken  to  ensure  that
source and load impedances are appro-
priate to the device being tested. Other
                                        25
 image: 








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 systems depicted
In Figures 205.2, 205.3 and 205.4.
  (b)  Systems other than those specified
in sections 205.54-1 (a) and 205.54-2 (a)
may be used for establishing compliance
•with tbis regulation.  In each  case the
system must yield sound levels which are
equivalent to those produced by a sound
level meter Type  1 ANSI Sl.4-1971. The
manufacturer bears the burden of dem-
onstrating such equivalence. The manu-
facturer  shall notify the Administrator
pursuant   to  §§ 205.55-4(b)  (5)   and
205.57-5 (c) (4) of the use of such a sound
data acquisition system.
§ 205.55   Production verification.
§ 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
§205.5:
  (1)  Shall  be verified in accordance
with the production verification proce-
dures described in this subpart; and
  (2) Shall be represented in  a product
verification   report,  as  required  by
§ 205.55-4 or this subpart; and
  (3) Shall be labeled  in accordance
with the requirements of § 205.55-12 of
this subpart;  and
  (4) Shall conform  to the applicable
noise emission standard established in
§ 205.52 of this regulation.
  (b) The  requirements of paragraph
(a) apply to new products  at the time
they first conform to the definition of
vehicles  in these regulations. The re-
sponsibility for complying  with the re-
quirement of paragraph (a) rests with
the manufacturer of the new product at
the time the product first conforms  to the
definition of vehicle in these regulations.
  (c) Subsequent manufacturers  of a
new product which conforms to the defi-
nition  of vehicle in  ttiese regulations
when  received by them from a  prior
manufacturer,  need not fulfill the re-
quirements of paragraph (a) (1), (2) or
(3)  where  such requirements have al-
ready  been complied  with by a  prior
manufacturer.
§205.55—2  Production   verification:
     compliance with standards.
  (a)  (1) Prior to distribution in com-
merce  of vehicles of a specific configura-
tion, the first manufacturer of such ve-
hicles must verify such configurations in
accordance with the requirements of this
subpart; except,  that production verifi-
cation of a configuration is automatically
and conditionally waived by the Admin-
istrator without request by a manufac-
turer for a period of up to 45 consecutive
days from the  date  of  distribution in
commerce  by the manufacturer  of the
first vehicle of  that configuration  in
order to enable a manufacturer to dis-
tribute  vehicles in commerce and  thus
avoid disruption of the  manufacturing
process: Provided, that a manufacturer
conducts the necessary tests required in
paragraphs (b) and/or (c) below as soon
as  weather conditions  at a  manufac-
turer's test facility paimit after distribu-
tion in commerce of the first vehicle of a
configuration. Failure to test on  such
first suitable day will result in automatic
and retroactive rescision  of the  waiver
and will render the manufacturers liable
for  illegally  distributing  vehicles  in
commerce.
  (2) At the  completion of any  45 day
period  the conditional waiver granted
under paragraph (a)  (1) of this section
is rescinded for that configuration unless
the manufacturer has complied with the
requirements  of  paragraph (b) and/'oi-
(c) of this section as appropriate; except
that upon application  by a  manufac-
turer and  a  showing that the weather
conditions  at  the  manufacturer   test
facility  or  other  conditions  beyond
the control of the manufacturer made it
impossible  to conduct the required  test-
ing and such conditions are documented
by the manufacturer and submitted with
any application, the Administrator, at
his option, may  extend  for a specified
period  (not to exceed 45 days),  condi-
tional production verification for  a con-
figuration  to  enable  the  manufacturer
to comply with the requirements of para-
graph (b)  and/or (c) of this section or
he may require that the manufacturer
ship the test vehicle to the EPA test fa-
cility for testing by the Administrator.
  (b)  The production  verification re-
quirements with  regard to each vehicle
configuration consist  of:
  (1)  testing in accordance with I 205.54
of a vehicle selected in accordance with
i 205.55-4;
  (2) compliance of the test vehicle with
the applicable standards when tested in
accordance with § 205.54; and
  (3)  submission of a production veri-
fication report pursuant to § 205.55—4.
  (c)  (1)  In lieu of  testing vehicles of
every configuratiDn as described in para-
                                       26
 image: 








graph (b) of this section, the manufac-
turer may elect to verify the configura-
tion based on representative testing, the
requirements of which consist of:
   (i) Grouping  configurations into  a
category where each category will be de-
termined by a separate combination of
at  least  the  following parameters  (a
manufacturer  may use  more param-
eters) :
   (a>  Engine type.
   U)  Gasoline—two stroke cycle,
   (2)  Gasoline—four stroke cycle.
   (3)  Diesel—Two stroke cycle.
   (4)  Diesel—JPour stroke cycle.
   (5)  Rotary—Wankel.
   (6)  Turbine,
   (7)  Other.
   (b)  Engine manufacturer.
   (c)  Engine displacement.
   (d)  Engine  configuration  (e£., L-fl
V-S, 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 §  205.-
54 of a  vehicle  selected in accordance
with § 205.55-5 which must be a vehicle
of the configuration which is identified
pursuant to subparagraph (ii) of this
paragraph as having the highest sound
pressure  level  (estimated or  actual)
within the category;
   (iv) Compliance of  the test vehicle
with applicable standards when tested in
accordance  with § 205.54;  and
   (v)  Submission of a production verifi-
cation report pursuant to § 205.55-4.
   (2) Where the requirements of para-
graph (c) (1) are complied with, all  those
configurations contained within a  cate-
gory are considered represented by the
tested vehicle and  are considered  to be
production verified.
   (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 con-
figurations  contained  within that  cate-
gory which  are determined to have sound
pressure levels no greater than the tested
vehicle are  considered to be represented
by the tested vehicle and are  considered
to  be production  verified; however,  a
manufacturer must production verify ac-
cording  to  the requirements of (b) (1)
and/or (c)  (1) of this  section any con-
figurations  in the subject category which
have a higher sound pressure level than
the vehicle configuration tested.
  (d) A manufacturer may elect to pro-
duction verify using representative test-
ing pursuant  to paragraph (c> of this
section, all or part of his product line.
  (e)  The  manufacturer  may,  at  his
option, proceed with any of the f ollowing
alternatives with respect to any vehicle
determined  not in  compliance with  ap-
plicable standards.
  (1) Delete that configuration from the
production verification report. Configu-
rations so deleted may be  included in a
later report under § 205.55-4.  However,
in the case of representative  testing a
new test vehicle from another configura-
tion  must  be selected and production
verified according to the requirements of
paragraph (c) of this section, in order
to production verify the  configurations
represented  by the  non-compliant ve-
hicle.
   (2) Modify the test vehicle and demon-
strate by testing that it meets applicable
standards. All modifications and test re-
sults must be reported in the production
verification  report.  The  manufacturer
must modify all production vehicles  of
the same configuration in the same man-
ner  as the test vehicle before distribu-
tion into commerce.
   (f)  Upon request,  by Director, Mobile
 Source Enforcement  Division, the manu-
 facturer shall notify such Director of any
production verification testing scheduled
by the  manufacturer pursuant  to  this
section so that EPA Enforcement Officers
may be present and observe such testing
or conduct  the  testing  hi lieu of the
manufacturer.
 §.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)
 Na tural.
   (ii) Turbocharged.
   (3) Fan. (i) Diameter.
   (ii) Drive.
   (a) Direct.
   (b) Thermostatic.
   (iii) Maxfanrpm.
   (4)   Engine  manufacturer's   horse-
 power rating.
   (5) Cab characteristic, (i) Sleeper.
   (ii) Non sleeper.
   (6)  Category  parameters listed  in
 g 205.55-2.
                                       27
 image: 








§ 205.53—4  Production verification  re-
     port ; required data.
  (a) The manufacturer shall submit a
production  verification report  to the
Director, Mobile Source Enforcement Di-
vision  (EN-340),  U.S. Environmental
Protection Agency,  401  M.  St.,  S.W.,
Washington, D.C. 20460. A manufacturer
may choose to  submit separate produc-
tion verification  reports  for different
parts of his product line.
  (b) The report shall be signed by an
authorized representative  of the manu-
facturer and shall include the following:
  (1) The name, location and descrip-
tion of the  manufacturer's noise emis-
sion test facilities which meet the speci-
fication of §  205.54 and have been utilized
to conduct testing pursuant to this sub-
part b; except, that a test facility that
has been described in a previous submis-
sion under this subpart need not again
be described but must be identified as
such.
  (2) A description of normal predeliv-
ery maintenance procedure.
  (3) A description of all vehicle con-
figurations as determined in accordance
with I 205.55-3, to be distributed in com-
merce by  the manufacturer including a
list identifying  or defining any device or
element of design (including its location
and method of operation)  incorporated
into vehicles for the purpose of  noise
control and attenuation  including  the
following  information  for each  con-
figuration:
  (i)  Muffler   (exhaust),  (a)   Manu-
facturer
  (b) Manufacturer part number
  (ii) Air  induction system (engine).  (a)
Muffler manufacturer name
  (b) Muffler manufacturer part number
  (iii) Governed or maximum rated rpm
  (iv)  Any  device which  affects  noise
emissions  from the vehicle and does  not
operate during the  normal  operating
modes of the vehicle (e.g., over tempera-
ture protection)
The manufacturer  may satisfy  the  ve-
hicle configuration description require-
ments of  this paragraph by submitting
as part of the production verification re-
port a copy of his  sales  data literature
which describes his product line Includ-
ing options: Provided, that this litera-
ture is supplemented with any additional
Information to fulfill the requirements .of
this section. If  a manufacturer elects to
production verify pursuant to § 205.55-2
(c)  the configuration, within each cate-
gory, which is estimated  to  have  the
highest sound pressure level (dBA) shall
be  identified. The manufacturer may
estimate the sound pressure level based
on  his best technical judgment and/or
data. The criteria used to estimate each
sound pressure level shall be stated with
the estimates.
  (4) the following information for each
noise emission test conducted:
  (i) the completed data sheet required
by } 205.54 for all official tests conducted
m accordance with ! 205.55-7 including.
for each Invalid test, the reason for in-
validation.
  (ID  A complete description  of  any
preparation,  maintenance  or  testing
which was performed on the test vehicle
and which will not be performed on all
other production vehicles
  (ill) The reason for replacement where
a replacement vehicle was necessary, and
test results, if any, for replaced vehicle.
  (5)  A complete description of the
sound data acquisition system if other
than those specified hi § 205.54-1 (a) and
5 205.54-2(a).
  (6) The following statement and en-
dorsement: "This  report is submitted
pursuant to section 6 and section 13  of
the  Noise Control Act of 1972. All test-
tag for which data is reported herein Is
conducted in strict conformance with
applicable  regulations  under  40 CFR
Fart 205. An the data reported herein is
a  true  and  accurate representation  of
such testing.  All other information re-
ported herein is, to the best of	
                             (company
	knowledge,  true and accurate. I
 name)
am aware  of the penalties associated
with violations of the Noise Control Act
of  1972 and the regulations thereunder.
  (authorized representative)
   (c)  Where a manufacturer elects to
 submit separate production verification
 reports for portions of his product line
 as provided for in paragraph (a) of this
 section, information provided  in previ-
 ous reports need not be resubmitted. Ex-
 cept, that Information necessary to  up-
 date or make current previously sub-
 mitted information must be submitted.
   (d)  Any change with respect to any
 information  reported  pursuant to this
 BUbpart shall be reported as soon as the
 information  becomes available.
 § 205.55-5  Test  vehicle (ample selec-
     tion.
   (a)  Test vehicles of a configuration
 for which production verification testing
 is required by ! 205.55.2 shall be a vehi-
 cle  of the subject configuration which
                                      28
 image: 








has been assembled using the manufac-
turer's normal production processes and
will be sold or offered for sale in com-
merce.
  (b) Should a situation arise In which
the configuration to be tested consists of
only vehicles with automatic transmis-
sions, they shall be tested In accordance
with 8 205.54-1 (c) (2).
  (c) If the configuration  to be tested
consists of both automatic transmission
and standard transmission  vehicles, the
test  vehicle shall be a standard trans-
mission vehicle unless the manufacturer
has reason to believe that the automatic
transmission  vehicle  emits a  greater
sound level.
§ 205.55-6   Test vehicle preparation.
  (a) Prior  to the official test,  the test
vehicle  selected  in   accordance  with
! 205.55-5 shall not be prepared, tested,
modified, adjusted, or maintained In any
manner unless such adjustments, prepa-
ration,  modification  and/or  tests  are
part  of the manufacturer's prescribed
manufacturing  and  Inspection  proce-
dures, and are documented in the manu-
facturer's Internal vehicle assembly and
Inspection procedures or unless such ad-
justments and/or tests are required or
permitted under this subpart or are ap-
proved In advance by the Administrator.
The manufacturer may perform adjust-
ments, 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 equip-
ment or fixtures shall have no effect on
the noise emissions of  the vehicle, as de-
termined by measurement methodology.
   (c) In the event of vehicle malfunc-
tion (I.e., failure to start, misfiring cyl-
inder, etc.) the manufacturer may per-
form the maintenance that Is necessary
to enable the vehicle to operate in a nor-
mal manner Provided, that such mainte-
nance is  documented and reported in
the final report prepared and submitted
In accordance with this subpart.
   (d) No quality control,  testing, assem-
bly or selection procedures  shall be used
on the completed vehicle or any portion
thereof, Including parts and subassem-
blles, that will not normally be used dur-
ing  the production and assembly of all
other vehicles of the category which will
be distributed in commerce, unless such
procedures are required or permitted un-
der this subpart.
§ 205.55-7  Testing.
  (a) The manufacturer shall conduct
one valid test in accordance with the test
procedures specified  In  § 205.54. In the
event a vehicle is unable to complete the
emission test, the manufacturer may re-
place the vehicle with a vehicle of the
same configuration as the replaced vehi-
cle or a noisier configuration and will be
subject to all the provisions of these reg-
ulations. Any replacement shall be re-
ported In the production verification re-
port  including the reason for the re-
placement.
   (b) No maintenance will be performed
on test vehicles except as provided for
by § 205.55-43. In the event a vehicle Is
unable to complete the emission test, the
manufacturer may replace the vehicle.
Any replacement vehicle will be  a pro-
duction vehicle  of the  same configura-
tion as the replaced vehicle or a  noisier
configuration and will  be subject to all
the provisions of these  regulations. Any
replacement shall be reported to the pro-
duction verification report Including the
reason for the replacement
   (c) In the event a vehicle falls to com-
ply with  the  standards of this subpart
when tested In accordance with the pro-
cedures  specified  in paragraph  (a)  of
this section, the manufacturer may pro-
ceed In accordance with § 205.55-2(e)  of
this subpart.

§ 205.55—8  Addition of, changes to and
     deviation from  a vehicle configura-
     tion daring the model year.
   (a) Any change to a configuration with
respect to any of  the parameters stated
hi § 205.55-3  shall constitute the addi-
tion of a new and separate configuration
or category to the manufacturer's prod-
uct line.
   (b) (1) When a manufacturer intro-
duces a new category or configuration to
his product line, he shall proceed hi ac-
cordance with ! 205.55-2.
   (2) 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:  Provided,
that the manufacturer submits a report
pursuant  to  S 205.55-4 with  respect to
such configuration.

 §205.55-9  Production   verification
      based on data from previous model
      years.
   (a) Production  verification of  each
 configuration will be required at the be-
                                       29
 image: 








 ginning of each model year except that
 In certain instances, the Administrator,
 upon request by the manufacturer, may
 permit toe use of production verification
 data for  specific ' configurations from
 previous production verification reports.
 Considerations relevant  to his  decision
 are:
   (1) The level of the standard  in effect
 for the model years in question;
   (2) Performance based on production
 verification data for previous years;
   (3)  Performance  based on data  ob-
 tained from selective enforcement test-
 ing during previous model years; and
   (4)  The number and  type of noise
 emission design  changes incorporated in
 the new models.
 § 205.55-10  Cessation of distribution.
   (a)  If a category or  configuration
 is .found to be nonconforming with these
 regulations by reason of  failure to be
 properly verified, as required by S 205.55-
 2, the Administrator may Issue an order
 to the manufacturer to cease to distribute
 in commerce vehicles of that category or
 configuration: Provided,  however, that
 such an order shall not be issued if toe
 manufacturer has made a good faith at-
 tempt to properly production verify toe
 category or configuration. The burden of
 establishinT such  good faith  shall rest
 with the manufacturer.
   (b>  Any such order shall  be issued
 after  notice  and  opportunity  for a
 hearing.
 § 205.55-11  Labeling-compliance.
   (a> (1) The manufacturer of  any ve-
 hicle subject to the provisions of section
 205.52 shall, at toe time of manufacture,
 affix a permanent, legible label, of  toe
 type and in toe manner described below,
 containing toe Information hereinafter
provided, to all  such vehicles to be dis-
 tributed  hi 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  de-
 tached from such vehicle.
  (2)  A  label  shall be  permanently
attached, in a readily visible position, in
toe operator's compartment.
  (3) The label shall contain toe follow-
ing information lettered in toe  English
language in block letters and numerals,
which shall be of a color  that contrasts
with toe background of toe label:
  (i) The label  heading:  Vehicle Noise
Emission Control Information;
  (il) Full  corporate name and trade-
mark of manufacturer;
   (iii) Date of manufacture,
   (iv) The statement:
  This Vehicle Conforms to TJS. EPA Regu-
lations for Noise  Emission  Applicable  to
Medixim and Heavy Trucks.
  The following acts cr the causing thereof
by any person  are prohibited by the Noise
Control Act of 1972:  (A) The removal  or
rendering inoperative, other  than for  pur-
poses of maintenance, repair, or replacement,
of any noise control device cr  element of de-
sign  (listed In the owner's manual) incorpo-
rated into this vehicle in compliance  with
the Noise Control Act;  (B) The use of this
vehicle after such device or element of de-
sign  has  been  removed or rendered inop-
erative.

   (v) Vehicles manufactured solely for
use  outside toe United States shall  be
clearly labeled "For Export Only."

§205.55-12  Labeling-Exterior   [Re-
     served].

§ 205.56  Testing by the administrator.
   (a) (1) The Administrator may require
that any vehicle to be tested pursuant to
these regulations  or other vehicles  be
submitted to him, at such place and time
as he may designate for toe purpose of
conducting tests in accordance with toe
test  procedures described in 5 205.54  to
determine whether such vehicles  con-
form to applicable regulations.
   (2)  The  Administrator  may specify
that he will conduct such testing at toe
manufacturer's facility,  in which  case
instrumentation and equipment of toe
type required  by these regulations shall
be made available by toe manufacturer
for  test  operations. The Administrator
may  conduct  such tests with  his  own
equipment, which shall equal or  exceed
toe performance specifications of toe in-
strumentation,of equipment specified by
toe Administrator in these regulations.
   (b) (1) If, based on tests  conducted by
the Administrator, toe Administrator de-
termines that toe test facility is Inap-
propriate for  conducting the tests re-
quired by this part he will notify the
manufacturer  in  writing of his  deter-
mination and  toe reasons  therefor.
  (2) After toe notification  in paragraph
(b) (1) of this section, no  data derived
from the subject test facility will be ac-
ceptable for toe purpose of  this part and
the Administrator may issue an order to
the manufacturer,  with respect  to toe
vehicle category or configuration in ques-
tion  to cease to distribute  in commerce
vehicles of such category or configura-
tion: Except, that any such order shall
be issued only after notice and oppor-
tunity for a hearing. Such notification
may  be  included  m any  notifications
                                       30
 image: 








under paragraph (b)(l)  of this section.
A  manufacturer  may  request  that  the
Administrator grant a hearing. Request
shall be made not later than fifteen (15)
days, or other such period as may be al-
lowed by the Administrator,  subsequent
to notification of  the Administrator's
intent to issue an order to cease to dis-
tribute.
   (3)  The manufacturer may request in
writing that the Administrator recon-
sider his determination in paragraph (b)
(i) of this section based on  data or in-
formation which  indicates that changes
have been made to the test faculty and
such changes have resolved the reasons
for disqualification.
   (4)  The Administrator will notify the
manufacturer of  his determination with
regard to the requalification of the test
facility within 10 days of the manufac-
turer's request for reconsideration pur-
suant  to  paragraph  (b) (3)   of  this
section.
   (c)  (1) Whenever the Administrator
conducts a test on a test vehicle the re-
sults of that test shall constitute the of-
ficial test data for that vehicle.
   (2)  The Administrator may accept the
manufacturer's test data in lieu of his
data upon a showing  by the manufac-
turer that  the  data,  acquired under
paragraph (a) are erroneous  and that
the manufacturer's data are correct.
§ 205.57  Selective enforcement auditing
    requirements.
§ 205.57-1   Test request.
   (a) The Administrator will request all
testing under this subpart by  means of
a  test request addressed to  the manu-
facturer.
   (b) The test request will be  signed by
the Assistant Administrator for Enforce-
ment or his designee. The test  request
will be delivered by an  EPA  Enforce-
ment Officer to  the plant  manager or
other responsible official as designated by
the manufacturer.
   (c) The test  request will  specify the
vehicle category or  configuration  se-
lected for testing, the batch  salected for
testing,  the batch  size,  the  manufac-
turer'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 config-
uration or  category is  unavailable  for
testing. The test request may include an
alternative category or configuration se-
lected for testing in the event that vehi-
cles of the first specified category or con-
figuration  are not available for testing
because the vehicles are not being manu-
factured  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 re-
ceipt of the test request, select and test
a batch sample of vehicles from two con-
secutively produced batches of the ve-
hicle category or configurations specified
in the test  request in accordance with
these  regulations  and   the  conditions
specified in the test request.
  (e)(l)  Any testing conducted by the
manufacturer pursuant to a test request
shall be  initiated within such period as
is specified within the test request: Ex-
cept, that such initiation may be delayed
for increments of 24 hours or one busi-
ness day  where ambient test site weather
conditions in any 24-hour period do not
permit testing: Provided, that the am-
bient test site weather conditions for
that period are recorded.
  (2) The manufacturer shall  complete
emission testing on a minimum  of five
vehicles  per day unless  otherwise pro-
vided for by the Administrator or unl3ss
ambient  test site conditions only permit
the testing of a lesser number: Provided.
that ambient test site weather conditions
for that period are recorded.     >
  (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 lo-
cated at  the plant or in close  proximity
to the  plant: Except, that the  Adminis-
trator  may  approve more  time  based
upon a request by the manufacturer ac-
companied 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 com-
ply with  the provisions of a test request
issued  by the Administrator pursuant to
this section; or
  (2) The manufacturer refuses to com-
ply 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 ren-
ders it impossible to comply with the pro-
visions of a test request or any other
requirements of this section. Such con-
ditions and  circumstances shall include,
but are not  limited to, any uncontrolla-
ble factors which result in the temporary
jnavailability of equipment and person-
                                        31
 image: 








nel needed to conduct the required tests,
such as equipment break-down or failure
or illness of personnel, but shall not in-
clude failure of the manufacturer to ade-
quately plan for and provide the equip-
ment and  personnel needed to conduct
the tests. The manufacturer will bear the
burden of  establishing the presence of
the  conditions and circumstances re-
quired by this paragraph.
  (h)  Any such  order shall be issued
only after  a notice and opportunity for
a hearing.
§ 205.52-2  Test  vehicle sample  selec-
     tion.
  (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 re-
quest. 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  (c) of this section based
on the batch size designated by the Ad-
ministrator in  the test request. An al-
ternative random selection plan may be
used by a manufacturer: Provided, that
such a plan is  approved by the Admin-
istrator.  If the test request does  not
specify that test  vehicles must be  ran-
domly selected, the manufacturer shall
select test  vehicles consecutively.  The
provisions  of sections 205.55(b) and (c)
shall also pertain to this section.
  (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 Ap-
pendix 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 n. The batch
sample size will be equal to the maximum
cumulative sample size  for  the  appro-
priate code letter obtained from Table I
plus an additional 10 percent rounded off
to the next highest number.
  (d) If  the test request specifiies 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 hi  paragraph (a) of this section.
Test sample size will be determined by
entering Table n.
  (e) The test vehicle of the category or
configuration  selected  for testing shall
have been assembled by the  manufac-
turer for'distribution hi commerce using
the  manufacturer's  normal production
process.
  (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 configura-
tion specified in the test request.
  (g) Unless otherwise indicated hi the
test  request, the manufacturer shall se-
lect  the vehicles designated hi the test
request for testing.
  (h) At their discretion, EPA Enforce-
ment Officers, rather than the manufac-
turer, may select the vehicles designated
in the test request.
  (i)  The manufacturer will keep on
hand all vehicles hi the batch sample
until such time as the batch is accepted
or rejected hi accordance with § 205.57-6:
Except, that vehicles actually tested and
found to be hi conformance with these
regulations need not be kept.
§ 205.57—3  Test vehicle preparation.
  (a) Prior to the official test, the test
vehicle  selected hi  accordance  with
§ 205.57-2 will be prepared hi accordance
with § 205.55-6.
§ 205.57—4  Testing procedures.
  (a) The manufacturer shall conduct
one  valid test in accordance with the
test  procedures  specified hi § 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 £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 pro-
duction vehicle  of the same configura-
tion as  the replaced vehicle.  It will be
randomly selected from the batch sam-
ple and will be subject to all the provi-
sions of these  regulations.
§ 205.57-5  Reporting of the test results.
  (a) (1) The manufacturer shall submit
a copy of the test report for all testing
conducted  pursuant to  § 205.57 at  the
conclusion of  each 24-hour period dur-
ing which testing is done.
  <2> For each test conducted the manu-
facturer will  provide the  following in-
formation:
  (i) Configuration and category identi-
                                       32
 image: 








fication where applicable;
  (ii> Year, make, assembly date, and
model of vehicle;
  (iii)  Vehicle serial number; and
  (iv) Test results by serial numbers.
  (3) The first test report for each batch
sample will contain a listing of all serial
numbers in that batch.
  (b) In the  case  where an EPA En-
forcement Officer is present during test-
ing required by  this subpart, the writ-
ten reports requested in paragraph  (a)
of this section may be given directly to
the Enforcement Officer.
  (c) Within 5 days after completion of
testing of all vehicles in a batch sample
the manufacturer shall submit to the Ad-
ministrator a final report which will in-
clude the  information  required by  the
test request in the format stipulated in
the test request in addition to the follow-
ing:
  (1) The name, location, and descrip-
tion of the manufacturer's emission test
facilities which meet the specifications of
§ 205.54 and were utilized to conduct test-
ing  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  ve-
hicle 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 ve-
hicle test request specifies a random" ve-
hicle selection.
  (3) The  following  information  for
each noise emission test conducted,
  (i) The  completed data sheet required
by § 205.54 for all noise emission tests in-
cluding : for each invalid test, the reason
for invalidatian.
  (ii) A  complete description  of  any
modification, repair, preparation,  main-
tenance, and/or testing which was per-
formed on the test vehicle and will not be
performed on all other production  ve-
hicles.
  (iii)  The reason for  the  replacement
where a replacement vehicle was author-
ized 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 sections  205.54-1
 (a)  and205.54-2(a).
   (5) The following statement  and en-
dorsement:  "This report  is submitted
pursuant to section 6 and section 13 of
the Noise Control Act of 1972. All testing
for which data is reported herein  was
conducted in strict  conformance with
applicable regulations under 40 CFR 205
et seg. All the data reported herein is a
true and accurate representation of such
testing. All  other  information  reported
herein is, to  the best of	
                      (company name)
knowledge, true and accurate. I am aware
of the penalties associated with viola-
tions  of the Noise Control Act of 1972
and the regulations thereunder	
 (authorized representative)

§ 205.57—6  Acceptance and rejection of
     batches.
  (a) The batch  from which a batch
sample is selected will be accepted or re-
jected 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 cumu-
lative 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 accept-
ance and rejection numbers listed in  Ap-
pendix I, Table II at the appropriate code
letter obtained according  to  § 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 ve-  .
hide is a failing vehicle is made on the
last vehicle required to make  a decision
under paragraph (a) of this section.

§ 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 ol  rejected
batches. A sufficient number of consecu-
tive batches will be inspected until the
cumulative number of rejected batches
is less than or equal to the sequence ac-
ceptance  number or  greater  than or
equal to the sequence  rejection number
appropriate for the cumulative number
of  batches Inspected. The acceptance
and rejection numbers listed'in Appen-
dix I, Table ni at the appropriate code
letter obtained according  to § 205.57-2
will be used in determining whether the
acceptance or  rejection of a batch se-
quence has occurred.
   (b) Acceptance or rejection of a batch
sequence 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.
   (c) If the batch sequence is accepted,
the manufacturer will not  be required to
                                        33
 image: 








perform any additional testing on vehi-
cles from subsequent batches pursuant
to the initiating test request.
  (d) The Administrator may terminate
testing  earlier than required in  para-
graph (b)  based  on a  request by the
manufacturer accompanied by voluntary
cessation of distribution in commerce,
from all plants, of vehicles from the con-
figuration In question:  Provided, that
once production is reinitiated the manu-
facturer must take the action described
in § 205.57-9 (a) (1)  and (a) (2)  prior to
distribution in commerce of any vehicles
from any plant of the vehicle category of
configuration In question.
§ 205.57-8   Continued testing.
  (a) If a batch sequence is rejected hi
accordance   with  paragraph  (b)  of
§ 205.57-7,  the Administrator may re-
quire continued 100  percent testing with
respect to all vehicles of that category or
configuration produced at that plant.
  (b) The Administrator will notify the
manufacturer in writing of his intent to
require any  100 percent  testing  of vehi-
cles pursuant to  paragraph (a) of this
section.
  (c) Any  tested vehicle which  dem-
onstrated  conformance  with  the  ap-
plicable standards may be  distributed
into commerce.
  (d) Any  knowing distribution into
commerce of a vehicle which does not
comply with the applicable standards is
a prohibited act.
§ 205.57—9   Prohibition- on distribution
     in  commerce; manufacturer's rem-
     edr.
  (a) Once 100 percent continuous test-
ing has been instituted on a category or
configuration pursuant to § 205.57-3 the
manufacturer must take the following
actions before the Administrator  will
consider discontinuing such testing:
  (1) Submit a written report to the Ad-
ministrator  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 engi-
neering  change   pursuant  to  section
205.55-9; and
  (2) Demonstrates that the specified
vehicle  category or configuration com-
plies  with   the  applicable  emission
standards by testing vehicles from two
consecutively produced  batches of that
vehicle category or configuration in ac-
cordance with these regulations and the
conditions specified in the initial test re-
quest.
  (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 vehi-
cle passes a retest.
  (c) No vehicles  of a rejected batch
which are still in the hands of the manu-
facturer may be distributed in commerce
unless the  manufacturer has  demon-
strated to the satisfaction of the Ad-
ministrator 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 regula-
tions may be distributed in commerce.

§ 205.58  In-nse requirements.
§ 205.58-1  Warranty.
  (a) The vehicle manufacturer who Is
required to production verify under this
part shall include in the owner's manual
or in other information supplied to the
ultimate purchaser  the  following
statement:
        NOISE EMISSIONS WAKBANTY
  The manufacturer warrants to the first
person who purchases this vehicle for pur-
poses other than  resale and to each subse-
quent purchaser that this vehicle was de-
signed, built  and  equipped to  conform
at the time of sale to such first purchaser
with all applicable U.S. EPA noise control
regulations.
   This warranty is not limited to any parti-
cular part, component or system of the ve-
hicle. Defects in the  design, assembly, or in
any  part,  component, or  system of  the
vehicle which, at the time of sale to such
first  purchaser, caused noise emission levels
to exceed Federal standards are covered by
this  warranty  for the life of the vehicle."
  (b) Not later than the date of submis-
sion  of the product verification report
required by I 205.55-4, the manufacturer
shall submit to the  Administrator  two
(2) copies  of the written noise emission
warranty required  by paragraph (a) of
this section and two (2)  copies of all
other information  provided to the ulti-
mate purchaser which  could reasonably
be   construed   as   impacting   on  the
warranty.
  (c) Not later than ten (10) days after
dissemination,  the  manufacturer shall
submit two (2)  representative  copies of
all  information of a general nature, or
modifications thereto,  which  is  pro-
vided to dealers, zone representatives, or
other agents  of the manufacturer re-
garding the administration and applica-
tion of the noise emission warranty. In-
formation regarding noise emission war-
                                       34
 image: 








ranty claims which is provided  to a
dealer or representative in response to a
particular  warranty claim or dealer in-
quiry is not considered to be Information
of a general nature, if such information
does not receive broad dissemination to
dealers.
  (d) All information required to be for-
warded to the Administrator pursuant
to this section shall be addressed to:
Director, Mobile Source Enforcement Divi-
  sion (EN-340), UJ3.  Environmental  Pro-
  tection Agency, 401 M St, S.W, Washing-
  ton, D.C. 20460.

§ 205.58-2  Tampering.
  (a) For each model year and for each
configuration  of vehicles covered by this
part, the manufacturer shall submit to
the  Administrator a list of  those  acts
which, in the manufacturer's estimation,
might be done to the vehicle in  use, on
more than an occasional basis, and re-
sult in an increase in noise emissions
above the  standards prescribed  in  sec-
tion  205.52.  The manufacturer  should
indicate, wherever possible, the amount
of this increase in noise level.
  (b)  The above information shall be
submitted  to  the Administrator within
adequate time prior to the introduction
into commerce of each configuration to
allow for the development and printing
of tampering  lists, as provided in para-
graphs (c)  and  (d), below.
  (c) On the basis of the above informa-
tion, the Administrator will develop a list
of  acts  which, in the Administrator's
judgment,  constitute  the  removal or
rendering  inoperative, other  than  for
purposes of maintenance, repair, or re-
placement, of noise  control  devices or
elements of design of  the vehicle. This
list shall be provided to the manufac-
turer and may be updated from  time to
time. The  list shall be included in  the
statement  to  the  ultimate purchaser as
required by paragraph (d) (2) of this sec-
tion. If the list is not provided by  the
Administrator within 30 days of the date
on  which  the information required in
paragraph (a)  of this section  is sub-
mitted, the manufacturer shall  include
only the statement in paragraph (d> (1)
of this section until such time as the list
has been provided and the owner's man-
ual is reprinted for other purposes.
  (d) The manufacturer shall include in
the owner's manual the following infor-
mation :
  (1) The  statement:
  TAMPERING WITH NOISE CONTROL SYSTEM
               PROHIBITED
  Federal law prohibits the following acts or
the causing thereof:  (I) The removal  or
rendering inoperative  by any  person other
than for purposes of maintenance repair, or
replacement, of any device or element of de-
sign 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 de-
sign has been removed or rendered inoper-
ative 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 by the Administrator  under
paragraph (c)  of this  section.
   (e) Any act included in  the list pre-
pared pursuant to paragraph (c) is pre-
sumed 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 emis-
sion standard  of § 205.52, such act will
not constitute tampering.
   (f) The provisions of this section are
not  intended to preclude any State or
local jurisdiction from adopting and en-
forcing its own prohibitions against the
removal or rendering inoperative of noise
control systems on vehicles  subject to
this part.
   (g)  All information required  by this
section to be furnished to the Adminis-
trator shall be sent to the following
address:
Director, Mobile Source Enforcement Divi-
  sion  (EIT-340),  U.S. Environmental Pro-
  tection Agency, 401 M St., S.W., Washing-
  ton, D.C. 20460.

§ 205.58—3   Instructions    for   mainte-
     nance, use and repair.
   (a) (1)  The manufacturer shall pro-
vide 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 elim-
ination or minimization  of noise emis-
sion 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  as-
sure 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.
                                        35
 image: 








  (3) The instructions must not be used
to secure an unfair competitive advan-
tage. They should  not  restrict replace-
ment equipment to original equipment
or service to dealer service. Manufactur-
ers who so restrict replacement equip-
ment 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 perform-
ance of all required noise emission con-
trol maintenance.  Space shall be  pro-
vided in this record book so that the pur-
chaser can note what maintenance was
done, by whom,  where and when.
  (c) Not later than the date of submis-
sion of the production  vertiflcation re-
port required by § 205.55-4, the manu-
facturer shall submit to the Administra-
tor two (2) copies of the maintenance
instructions (including the record book)
required by paragraphs  (a) and (b)  of
this section.
  (d) (1) The Administrator will require
modifications  to the instructions if they
are not both  necessary and reasonable.
  (2)  The  manufacturers  may file  a
petition for review of such modifications.
  (3) The manufacturer's proposed in-
structions shall  be  provided to the con-
sumer  pursuant   to   § 205.58-3 (a) (i)
pending review of the proposed instruc-
tions by the Agency.
  (e) Information required to be  sub-
mitted to the Administrator pursuant to
this section shall be sent to the follow-
ing  address:
Director, Mobile Source Enforcement  Divi-
  sion (EN-340), U.S. Environmental Protec-
  tion Agency, 401 M St., SW., Washington,
  D.C. 20460.

Six copies of all submissions are required.

§ 205.59  Recall  of noncomplying ve-
     hicles.
  (a) Pursuant to section ll(d) (1) of the
Act, the Administrator may issue an or-
der  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 deter-
mination by the Administrator that ve-
hicles of a specified category or configu-
ration 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  § 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 re-
pair 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
     TABLE 1.—Sample size code letters
         Batch size
                            Code letter
4to8	  A
9 to IS	  B
16 to 25	  C
25 and larger	  D
                                       36
 image: 








                  TABLE II.—Sampling plans for inspecting batches
Sample size code letter
A
B.
C.
D

Test sample
1st
1st
1st
2d
1st
2d..
3d-
4th
5th
6th 	
7th..

Test sample
size

3
3
3
2
2
2
2
2
2
2

Cumulative
test sample
size
4
3
3
6
2
4
6
g
10
12
14
Batch inspection criteria
Acceptance No.
0
0
0
1
8 o
0
1
1
2
Rejection No.
1
1
2
2
2
2
2
3
3
3
3
> Batch acceptance not permitted at this sample sice.

                           TABLE III.—Batch sequence plans
Number of CUB
Sample size code letter batches nui
ba
A
B
c
D 	

2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
	 2
2
2
2
inlative Sequence inspection criteria
itches Acceptance No. Rejection No.
2
4
6
8
2
4
6
8
10
12
2
4
6
8
10
12
2
4
1
1
2
3
4
0
1
2
4
5
0
0
1
2
3
0
1
2
3
P)
5
5
m
5
6
6
2
3
3
4
4
2
3
4
4
> Batch sequence acceptance not permitted for this number of batches.-
> Batch sequence rejection not permitted for this number of batches;
                                           37
 image: 








            TABLE  IV.—Recommended format for  vehicle notes data  sheet
Test Report Number:.
Vehicle:
Trade Name:	
Model Year: .
Configuration Identification:	
Test Site Identification and Location: .

INSTRUMENTATION:

Microphone Manufacturer: _	
Sound Level  Manufacturer:	
Calibrator Manufacturer:	
Other and Manufacturer:	
TEST DATA:

Approach Gear: _
Approach RPM:.
                                                   . Manufacturer:	

                                                   . VIN:	
                                                   . Other Reference No.:	
                                                   . Category Identification:
         Acceleration Test:.
         Deceleration Test:.
                                      . Model No.
                                      . Model No.
                                      . Model No.
                                      . Model No.
                                     . Date of Test:.
                                     . Temp:	
             . Serial No.
             . Serial No.
             . Serial No.
             .Serial No.
                                                      . Wind: .
                                       Acceleration Test
             Run No.
     dBA
Left

Bight
Highest RPM attained in End Zone
                Calculated Sound Pressure .
                                                                       .dBA
                            Deceleration Test with Exhaust Brake Applied
             Bun No.
     dBA
Left

Bight
                Calculated Sound Pressure.

     TEST Personnel: 	
                                                (Name)
     Recorded By:


     Supervisor —
                    (Signature)
. Date: .


 Title:.
                                    (Signature)

                           [FBDoc.76-10212 Filed 4-12-76;8:45 am]
                                              38
 image: 







Next Page or group of Pages Next Occurence of Search Term Download PDF