1、7 SUBCHAPTER AGENERAL REGULATIONS PARTS 300302 RESERVED PART 303CIVIL RIGHTS Sec. 303.1 Purpose. 303.3 Application of this part. AUTHORITY: Public Law 105159, 113 Stat. 1748, Title I, sections 107(a) and 106 (Dec. 9, 1999) (49 U.S.C. 113); 42 U.S.C. 2000d, et seq.; and 49 CFR 1.73. SOURCE: 70 FR 741
2、4, Feb. 14, 2005, unless otherwise noted. 303.1 Purpose. The purpose of this part is to provide guidelines and procedures for imple-menting the Federal Motor Carrier Safety Administrations (FMCSA) Title VI program under Title VI of the Civil Rights Act of 1964 and related civil rights laws and regul
3、ations. For FMCSA-only programs or activities, Federal financial assistance recipients or grantees will continue to apply and use the Departmental Title VI provi-sions at 49 CFR part 21. For joint and multi-agency programs/projects, FMCSA Federal assistance recipients or grantees must use the Title
4、VI re-quirements at 49 CFR part 21, unless agreement is reached by the Federal funding agencies for the recipients to use the Title VI procedures of another agency. 303.3 Application of this part. The provisions of this part are appli-cable to all elements of the FMCSA and to any program or activity
5、 for which Federal financial assistance is authorized under a law administered by the FMCSA. This part provides Title VI guidelines for State Departments of Transportation and local State agen-cies, including their sub-recipients, to implement Title VI. It also applies to money paid, property transf
6、erred, or other Federal financial assistance ex-tended under any program of the FMCSA after the date of this part. PART 325COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS Subpart AGeneral Provisions Sec. 325.1 Scope of the rules in this part. 325.3 Effective date. 325.5 Definitions
7、. 325.7 Allowable noise levels. 325.9 Measurement tolerances. Subpart BAdministrative Provisions 325.11 Issuance, amendment, and revocation of the rules in this part. 325.13 Inspection and examination of motor vehicles. Subpart CInstrumentation 325.21 Scope of the rules in this subpart. 325.23 Type
8、of measurement systems which may be used. 325.25 Calibration of measurement systems. 325.27 Use of a windscreen. Subpart DMeasurement of Noise Emissions; Highway Operations 325.31 Scope of the rules in this subpart. 325.33 Site characteristics; highway oper-ations. 325.35 Ambient conditions; highway
9、 oper-ations. 325.37 Location and operation of sound level measurement system; highway oper-ations. 325.39 Measurement procedure; highway op-erations. Subpart EMeasurement of Noise Emissions; Stationary Test 325.51 Scope of the rules in this subpart. 325.53 Site characteristics; stationary test. 325
10、.55 Ambient conditions; stationary test. 325.57 Location and operation of sound level measurement systems; stationary test. 325.59 Measurement procedure; stationary test. Subpart FCorrection Factors 325.71 Scope of the rules in this subpart. 325.73 Microphone distance correction fac-tors. 325.75 Gro
11、und surface correction factors. 325.77 Computation of open site require-mentsnonstandard sites. 325.79 Application of correction factors. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot fo
12、r ResaleNo reproduction or networking permitted without license from IHS-,-,-8 49 CFR Ch. III (10110 Edition) 325.1 Subpart GExhaust Systems and Tires 325.91 Exhaust systems. 325.93 Tires. AUTHORITY: 42 U.S.C. 4917; 49 U.S.C. 301; 49 CFR 1.73. SOURCE: 40 FR 42437, Sept. 12, 1975, unless otherwise no
13、ted. EDITORIAL NOTE: Nomenclature changes to part 325 appear at 66 FR 49869, Oct. 1, 2001. Subpart AGeneral Provisions 325.1 Scope of the rules in this part. (a) The rules in this part prescribe procedures for inspection, surveillance, and measurement of motor vehicles and motor vehicle equipment op
14、erated by motor carriers to determine wheth-er those vehicles and that equipment conform to the Interstate Motor Car-rier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (b) Except as provided in paragraph (c) of this section, the rules in this part apply to motor c
15、arriers engaged in interstate commerce. The rules apply at any time or under any condition of highway grade, load, acceleration or deceleration. (c) The rules in this part do not apply to (1) A motor vehicle that has a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds (4,536 kg.) or less; (2) A co
16、mbination of motor vehicles that has a Gross Combination Weight Rating (GCWR) of 10,000 pounds (4,536 kg.) or less; (3) The sound generated by a warning device, such as a horn or siren, in-stalled in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid
17、 noise emission measurement; (4) An emergency motor vehicle, such as a fire engine, an ambulance, a police van, or a rescue van, when it is re-sponding to an emergency call; (5) A snow plow in operation; or (6) The sound generated by auxiliary equipment which is normally operated only when the motor
18、 vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour (8 kph) or less, unless such device is intentionally operated at speeds greater than 5 mph (8 kph) in order to preclude an other-wise valid noise measurement. Exam-ples of that type of auxiliary equip-ment in
19、clude, but are not limited to, cranes, asphalt, spreaders, ditch dig-gers, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors. 325.3 Effective date. The rules in this part are effective on October 15, 1975. 325.5 Definitions. (a) Statutory definitions. All terms de-fine
20、d in the Noise Control Act of 1972 (Pub. L. 92574, 86 Stat. 1234) are used as they are defined in that Act. (b) Definitions in standards. All terms defined in 202.10 of the Interstate Motor Carrier Noise Emission Stand-ards, 40 CFR 202.10, are used as they are defined in that section. (c) Additional
21、 definitions. (1) Hard test site means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than 12 the distance between the microphone tar-get point and the microphone location point. (2) Soft test site means any test s
22、ite having the ground surface covered with grass, other ground cover, or similar absorptive material for 12 or more of the distance between the microphone target point and the microphone loca-tion point. (3) Ground cover means any of various low, dense-growing plants, such as ivy, myrtle, low weeds,
23、 or brush. (4) Traffic railing means any longitu-dinal highway traffic barrier system installed along the side or median of a highway. For the purpose of this part, a traffic railing must have at least 35 percent of its vertical height, from the ground surface to the top of the rail-ing, open to fre
24、e space in order to qual-ify as an acceptable object within a noise measurement test site. Further, for the purposes of this part, posts or other discrete supports shall be ignored when ascertaining open free space. (5) Relatively flat when used to de-scribe a noise measurement site means a site whi
25、ch does not contain signifi-cant concave curvatures or slope rever-sals that may result in the focusing of VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netw
26、orking permitted without license from IHS-,-,-9 Federal Motor Carrier Safety Administration, DOT 325.13 sound waves toward the microphone lo-cation point. 325.7 Allowable noise levels. Motor vehicle noise emissions, when measured according to the rules of this part, shall not exceed the values speci
27、-fied in Table 1. TABLE 1MAXIMUM PERMISSIBLE SOUND LEVEL READINGS (DECIBEL (A)1,2Highway operation test Stationary tests Soft site Hard Site Soft site Hard site 35 mi/h or less Above 35 mi/h 35 mi/h or less Above 35 mi/h If the distance between the microphone location point and the microphone target
28、 point is 31 ft ( 9.5m) or more but less than 35 ft (10.7m) 87 91 89 93 89 91 35 ft (10.7m) or more but less than 39 ft (11.9m) 86 90 88 92 88 90 39 ft (11.9m) or more but less than 43 ft (13.1m) 85 89 87 91 87 89 43 ft (13.1m) or more but less than 48 ft (14.6m) 84 88 86 90 86 88 48 ft (14.6m) or m
29、ore but less than 58 ft (17.1m) 83 87 85 89 85 87 58 ft (17.1m) or more but less than 70 ft (21.3m) 82 86 84 88 84 86 70 ft (21.3m) or more but less than 83 ft (25.3m) 81 85 83 87 83 85 1The speeds shown refer to measurements taken at sites having speed limits as indicated. These speed limits do not
30、 nec-essarily have to be posted. 2This table is based on motor carrier noise emission requirements specified in 40 CFR 202.20 and 40 CFR 202.21. 40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989 325.9 Measurement tolerances. (a) Measurement tolerances will be allowed to take into
31、account the ef-fects of the following factors: (1) The consensus standard practice of reporting filed sound level measure-ments to the nearest whole decibel. (2) Variations resulting from com-mercial instrument tolerances. (3) Variations resulting from the to-pography of the noise measurement site.
32、(4) Variations resulting from atmos-pheric conditions such as wind, ambi-ent temperature, and atmospheric pres-sure. (5) Variations resulting from re-flected sound from small objects al-lowed within the test site. (6) The interpretation of the effects of the above cited factors by enforce-ment perso
33、nnel. (b) Measurement tolerances shall not exceed 2 decibels for a given measure-ment. Subpart BAdministrative Provisions 325.11 Issuance, amendment, and revocation of the rules in this part. The procedures specified in part 389 of this chapter for the issuance, amend-ment, or revocation of the Fede
34、ral Motor Carrier Safety Regulations apply to rulemaking proceedings for the issuance, amendment, or revoca-tion of the rules in this part. 325.13 Inspection and examination of motor vehicles. (a) Any special agent of the Federal Motor Carrier Safety Administration (designated in appendix B to sub-c
35、hapter B of this chapter) is authorized to inspect, examine, and test a motor vehicle operated by a motor carrier in accordance with the procedures speci-fied in this part for the purpose of ascertaining whether the motor vehicle and equipment installed on the motor vehicle conforms to the Interstat
36、e VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 49 CFR Ch. III (10110 Edition) 325.21 1Copies of the spe
37、cification may be secured from the American National Standards Insti-tute, 1430 Broadway, New York, New York, 10018. Motor Carrier Noise Emission Stand-ards of the Environmental Protection Agency, 40 CFR part 202. (b) A motor carrier, its officers, driv-ers, agents, and employees must, at any time,
38、submit a motor vehicle used in its operations for inspection, exam-ination, and testing for the purpose of ascertaining whether the motor vehicle and equipment installed on it conforms to the Interstate Motor Carrier Noise Emission Standards of the Environ-mental Protection Agency, 40 CFR part 202.
39、(c) Prescribed inspection report. Form MCS141, Noise Level Compliance Check shall be used to record findings from motor vehicles selected for noise emission inspection by authorized em-ployees. (d) Motor carriers disposition of form MCS141. (1) The driver of any motor vehicle receiving a Form MCS141
40、 shall deliver such MCS141 to the motor car-rier operating the vehicle upon his/her arrival at the next terminal or facility of the motor carrier, if such arrival oc-curs within twenty-four (24) hours. If the driver does not arrive at a terminal or facility of the motor carrier oper-ating the vehicl
41、e within twenty-four (24) hours he/she shall immediately mail the Form MCS141 to the motor carrier. For operating convenience, motor carriers may designate any shop, terminal, facility, or person to which it may instruct its drivers to de-liver or forward Form MCS141. It shall be the sole responsibi
42、lity of the motor carrier that Form MCS141 is returned to the Federal Highway Administra-tion, in accordance with the terms pre-scribed thereon and in paragraphs (d) (2) and (3) of this section. A driver, if himself/herself a motor carrier, shall return Form MCS141 to the Federal Motor carrier Safet
43、y Administration , in accordance with the terms pre-scribed thereon and in paragraphs (d) (2) and (3) of this section. (2) Motor carriers shall carefully ex-amine Forms MCS141. Appropriate corrective action shall be taken on ve-hicles found to be not in compliance with the requirements of this part.
44、 (3) Motor carriers must complete the Motor Carrier Certification of Action Taken on Form MCS141 in accord-ance with the terms prescribed there-on. Motor carriers must return Forms MCS141 to the Division Office at the address indicated on Form MCS141 within fifteen (15) days following the date of th
45、e vehicle inspection. 40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989; 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001 Subpart CInstrumentation 325.21 Scope of the rules in this sub-part. The rules in this subpart specify cri-teria for sound lev
46、el measurement sys-tems which are used to make the sound level measurements specified in sub-part D and subpart E of this part. 325.23 Type of measurement systems which may be used. The sound level measurement system must meet or exceed the requirements of American National Standard Speci-fication f
47、or Sound Level Meters (ANSI S1.41971), approved April 27, 1971, issued by the American National Standards Institute,1throughout the applicable frequency range for either: (a) A Type 1 sound level meter; (b) A Type 2 sound level meter; or (c) A Type S sound level meter which has (1) A weighing freque
48、ncy response; (2) Fast dynamic characteristics of its indicating instrument; and (3) A relative response level tolerance consistent with those of either a Type 1 or Type 2 sound level meter, as speci-fied in section 3.2 of ANSI S1.41971. 325.25 Calibration of measurement systems. (a)(1) The sound le
49、vel measurement system must be calibrated and appro-priately adjusted at one or more fre-quencies in the range from 250 to 1,000 Hz at the beginning of each series of measurements and at intervals of 515 minutes thereafter, until it has been determined that the sound level meas-urement system has not significantly drifted from its calibrated level. Once VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00020
