Part 201 Noise Emission Standards for Transportation Equipment; Interstate Rail Carriers
Part 202 Motor Carriers Engaged in Interstate Commerce
Part 203 Low-Noise-Emission Products
Part 204 Noise Emission Standards for Construction Equipment
Part 205 Transportation Equipment Noise Emission Controls
Part 209 Rules of Practice Governing Proceedings Under the Noise Control Act of 1972
Part 210 Prior Notice of Citizen Suits
Part 211 Product Noise Labeling

Terms Used In CFR > Title 40 > Chapter I > Subchapter G

  • Acceptable Quality Level: means the maximum percentage of failing vehicles that for purposes of sampling inspection, can be considered satisfactory as a process average. See 40 CFR 205.51
  • Accreditation: means a determination by a recognized accreditation body (or, in the case of direct accreditation, by FDA) that a third-party certification body meets the applicable requirements of this subpart. See 43 CFR 9180.1
  • Accreditation body: means an authority that performs accreditation of third-party certification bodies. See 43 CFR 9180.1
  • Accredited third-party certification body: means a third-party certification body that a recognized accreditation body (or, in the case of direct accreditation, FDA) has determined meets the applicable requirements of this subpart and is accredited to conduct food safety audits and to issue food or facility certifications to eligible entities. See 43 CFR 9180.1
  • Act: means the Noise Control Act of 1972 (Pub. See 40 CFR 204.2
  • Act: means the Noise Control Act of 1972 (Pub. See 40 CFR 205.2
  • Act: means the Energy Policy Act of 1992. See 30 CFR 57.12042
  • Administrator: means the Administrator of the Environmental Protection Agency or his authorized representative. See 40 CFR 204.2
  • Administrator: means the Administrator of the Environmental Protection Agency or his authorized representative. See 40 CFR 205.2
  • Advertised Engine Displacement: means the rounded off volumetric engine capacity used for marketing purposes by the motorcycle manufacturer. See 40 CFR 205.151
  • Agency: means the United States Environmental Protection Agency. See 40 CFR 204.2
  • Agency: means the United States Environmental Protection Agency. See 40 CFR 205.2
  • Audit: means the systematic and functionally independent examination of an eligible entity under this subpart by an accredited third-party certification body or by FDA. See 43 CFR 9180.1
  • Audit agent: means an individual who is an employee or other agent of an accredited third-party certification body who, although not individually accredited, is qualified to conduct food safety audits on behalf of an accredited third-party certification body. See 43 CFR 9180.1
  • Batch: means the collection of vehicles of the same category, configuration or subgroup thereof as designated by the Administrator in a test request, from which a batch sample is to be drawn, and inspected to determine conformance with the acceptability criteria. See 40 CFR 205.51
  • Batch sample: means the collection of vehicles of the same category, configuration or subgroup thereof which are drawn from a batch and from which test samples are drawn. See 40 CFR 205.51
  • Batch sample size: means the number of vehicles of the same category or configuration in a batch sample. See 40 CFR 205.51
  • Batch size: means the number as designated by the Administrator in the test request of vehicles of the same category or configuration in a batch. See 40 CFR 205.51
  • cab over engine: means the cab which contains the operator/passenger compartment is directly above the engine and front axle and the entire cab can be tilted forward to permit access to the engine compartment. See 40 CFR 205.51
  • Category: means a group of vehicle configurations which are identical in all material aspects with respect to the parameters listed in §205. See 40 CFR 205.51
  • Category: means a group of vehicle configurations which are identical in all material aspects with respect to the parameters listed in §205. See 40 CFR 205.151
  • Category: means a group of exhaust systems which are identical in all material aspects with respect to the parameters listed in §205. See 40 CFR 205.165
  • Class: means a group of vehicles which are identical in all material aspects with respect to the parameters listed in §205. See 40 CFR 205.151
  • Closing rpm: means the engine speed in Figure 2 of Appendix I. See 40 CFR 205.151
  • Commerce: means trade, traffic, commerce, or transportation:

    (i) Between a place in a State and any place outside thereof, or

    (ii) Which affects trade, traffic, commerce, or transportation described in paragraph (a)(17)(i) of this section. See 40 CFR 205.2

  • Commissioner: means the Federal Housing Commissioner or his authorized representative. See 24 CFR 203.251
  • Company: means any business entity other than an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U. See 30 CFR 57.12042
  • Competition motorcycle: means any motorcycle designed and marketed solely for use in closed course competition events. See 40 CFR 205.151
  • Configuration: means the basic classification unit of a manufacturer's product line and is comprised of all vehicle designs, models or series which are identical in material aspects with respect to the parameters listed in §205. See 40 CFR 205.51
  • Configuration: means the basic classification unit of a manufacturer's product line and is comprised of all vehicle designs, models or series which are identical in all material aspects with respect to the parameters listed in §205. See 40 CFR 205.151
  • Contract of Insurance: means the agreement evidenced by the issuance of a Mortgage Insurance Certificate or by the endorsement of the Commissioner upon the credit instrument given in connection with an insured mortgage, incorporating by reference the regulations in this subpart and the applicable provisions of the Act. See 24 CFR 203.251
  • Covered program: means a program under Titles XX through XXIII of the Act. See 30 CFR 57.12042
  • depository institution: includes a U. See 31 CFR 315.28
  • Direct accreditation: means accreditation of a third-party certification body by FDA. See 43 CFR 9180.1
  • Eligible entity: means a foreign entity in the import supply chain of food for consumption in the United States that chooses to be subject to a food safety audit under this subpart conducted by an accredited third-party certification body. See 43 CFR 9180.1
  • Engine displacement: means volumetric engine capacity as defined in §205. See 40 CFR 205.151
  • Exhaust System: means the system comprised of a combination of components which provides for enclosed flow of exhaust gas from engine exhaust port to the atmosphere. See 40 CFR 205.51
  • Exhaust system: means the combination of components which provides for the enclosed flow of exhaust gas from the engine exhaust port to the atmosphere. See 40 CFR 205.151
  • Export exemption: means an exemption from the prohibitions of section 10 (a) (1), (2), (3), and (4) of the Act, granted by statute under section 10(b)(2) of the Act for the purpose of exporting regulated products. See 40 CFR 204.2
  • Export exemption: means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (4) of the Act, granted by statute under section 10(b)(2) of the Act for the purpose of exporting regulated products. See 40 CFR 205.2
  • Facility: means any structure, or structures of an eligible entity under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, holds, grows, harvests, or raises animals for food for consumption in the United States. See 43 CFR 9180.1
  • Facility certification: means an attestation, issued for purposes of section 801(q) or 806 of the FD&C Act by an accredited third-party certification body, after conducting a regulatory audit and any other activities necessary to establish whether a facility complies with the applicable food safety requirements of the FD&C Act and FDA regulations. See 43 CFR 9180.1
  • Failing exhaust system: means that, when installed on any Federally regulated motorcycle for which it is designed and marketed, that motorcycle and exhaust system exceed the applicable standards. See 40 CFR 205.165
  • Failing vehicle: means that the measured emissions of the vehicle, when measured in accordance with the applicable procedure, exceeds the applicable standard. See 40 CFR 205.51
  • Failing vehicle: means a vehicle whose noise level is in excess of the applicable standard. See 40 CFR 205.151
  • financial holding company: as used in this subpart means the financial holding company and all of its subsidiaries, including a private equity fund or other fund controlled by the financial holding company. See 31 CFR 315.28
  • Food: has the meaning given in section 201(f) of the FD&C Act, except that food does not include pesticides (as defined in 7 U. See 43 CFR 9180.1
  • Food safety audit: means a regulatory audit or a consultative audit that is conducted to determine compliance with the applicable food safety requirements of the FD&C Act, FDA regulations, and for consultative audits, also includes conformance with industry standards and practices. See 43 CFR 9180.1
  • Manufacturer: means any person engaged in the manufacturing or assembling of new products, or the importing of new products for resale, or who acts for and is controlled by any such person in connection with the distribution of such products. See 40 CFR 205.2
  • Model specific code: means the designation used for labeling purposes in §§205. See 40 CFR 205.151
  • Model year: means the manufacturer's annual production period which includes January 1 of such calendar year: Provided, that if the manufacturer has no annual production period, the term "model year" shall mean the calendar year. See 40 CFR 205.51
  • Model year: means the manufacturer's annual production period, which includes January 1 of any calendar year, or if the manufacturer has no annual production period, the term "model year" shall mean the calendar year. See 40 CFR 205.151
  • Mortgagee: means the original lender under a mortgage and its successors and such of its assigns as are approved by the Commissioner. See 24 CFR 203.251
  • Mortgagor: means the original borrower under a mortgage and his heirs, executors, administrators and assigns. See 24 CFR 203.251
  • Motorcycle: means any motor vehicle, other than a tractor, that:

    (i) Has two or three wheels. See 40 CFR 205.151

  • National security exemption: means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of national security. See 40 CFR 204.2
  • National security exemption: means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of national security. See 40 CFR 205.2
  • New product: means (i) a product the equitable or legal title of which has never been transferred to an ultimate purchaser, or (ii) a product which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 6 or 8 which would have been applicable to such product had it been manufactured in the United States. See 40 CFR 205.2
  • Noise Control System: includes any vehicle part, component or system the primary purpose of which is to control or cause the reduction of noise emitted from a vehicle. See 40 CFR 205.51
  • Noise control system: means any vehicle part, component or system, the purpose of which includes control or the reduction of noise emitted from a vehicle, including all exhaust system components. See 40 CFR 205.151
  • Noise emission standard: means the noise levels in §205. See 40 CFR 205.151
  • Noise emission test: means a test conducted pursuant to the measurement methodology specified in this subpart. See 40 CFR 205.51
  • Noise emission test: means a test conducted pursuant to a measurement methodology specified in this subpart. See 40 CFR 205.151
  • Parent company: means a company that:

    (1) Exercises ultimate ownership of the applicant company either directly, by ownership of a majority of that company's voting securities, or indirectly, by control over a majority of that company's voting securities through one or more intermediate subsidiary companies or otherwise, and

    (2) Is not itself subject to the ultimate ownership control of another company. See 30 CFR 57.12042

  • Person: means an individual, corporation, partnership, or association, and except as provided in sections 11(e) and 12(a) of the Act includes any officer, employee, department, agency or instrumentality of the United States, a State or any political subdivision of a State. See 40 CFR 205.2
  • Product: means any construction equipment for which regulations have been promulgated under this part and includes "test product. See 40 CFR 204.2
  • Product: means any transportation equipment for which regulations have been promulgated under this part and includes "test product. See 40 CFR 205.2
  • 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. See 40 CFR 204.2
  • 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. See 40 CFR 205.2
  • Recognized accreditation body: means an accreditation body that FDA has determined meets the applicable requirements of this subpart and is authorized to accredit third-party certification bodies under this subpart. See 43 CFR 9180.1
  • Regulatory audit: means an audit of an eligible entity:

    (i) To determine whether such entity is in compliance with the applicable food safety requirements of the FD&C Act and FDA regulations. See 43 CFR 9180.1

  • 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. See 40 CFR 205.51
  • 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. See 40 CFR 205.51
  • Self-assessment: means an evaluation conducted by a recognized accreditation body or by an accredited third-party certification body of its competency and capacity under the applicable requirements of this subpart for the defined scope of recognition or accreditation. See 43 CFR 9180.1
  • Serial number: means the identification number assigned by the manufacturer to a specific production unit. See 40 CFR 205.151
  • State: includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. See 40 CFR 205.2
  • Stock configuration: means that no modifications have been made to the orginal equipment motorcycle that would affect the noise emissions of the vehicle when measured according to the acceleration test procedure. See 40 CFR 205.165
  • Tampering: means those acts prohibited by section 10(a)(2) of the Act. See 40 CFR 205.51
  • Tampering: means the removal or rendering inoperative by any person, other than for purposes of maintenance, repair, or replacement, of any device or element of design incorporated into any product in compliance with regulations under section 6, prior to its sale or delivery to the ultimate purchaser or while it is in use. See 40 CFR 205.151
  • Test exhaust system: means an exhaust system in Selective Enforcement Audit test sample. See 40 CFR 205.165
  • Test product: means any product that is required to be tested pursuant to this part. See 40 CFR 204.2
  • Test product: means any product that is required to be tested pursuant to this part. See 40 CFR 205.2
  • Test sample: means the collection of vehicles from the same category, configuration or subgroup thereof which is drawn from the batch sample and which will receive noise emissions tests. See 40 CFR 205.51
  • Test sample size: means the number of vehicles of the same category or configuration in a test sample. See 40 CFR 205.51
  • Test vehicle: means a vehicle selected and used to demonstrate compliance with the applicable noise emission standards. See 40 CFR 205.51
  • Test vehicle: means a vehicle in a Selective Enforcement Audit test sample. See 40 CFR 205.151
  • Testing exemption: means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of research, investigations, studies, demonstrations, or training, but not including national security where lease or sale of the exempted product is involved. See 40 CFR 204.2
  • Testing exemption: means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of research, investigations, studies, demonstrations, or training, but not including national security. See 40 CFR 205.2
  • United States: means the several States, the District of Columbia, and all commonwealths, territories, and possessions of the United States. See 30 CFR 57.12042
  • Vehicle: means any motor vehicle, machine or tractor, which is propelled by mechanical power and capable of transportation of property on a street or highway and which has a gross vehicle weight rating in excess of 10,000 pounds and a partially or fully enclosed operator's compartment. See 40 CFR 205.51
  • Vehicle: means any motorcycle regulated pursuant to this subpart. See 40 CFR 205.151
  • Warranty: means the warranty required by section 6(d)(1) of the Act. See 40 CFR 205.151