Or. Admin. Code § 340-035-0015 - Definitions
As used in this division:
(1) "Air Carrier Airport" means any airport
that serves air carriers holding Certificates of Public Convenience and
Necessity issued by the Civil Aeronautic Board.
(2) "Airport Master Plan" means any long-term
development plan for the airport established by the airport
proprietor.
(3) "Airport Noise
Abatement Program" means a Commission-approved program designed to achieve
noise compatibility between an airport and its environs.
(4) "Airport Proprietor" means the person who
holds title to an airport.
(5)
"Ambient Noise" means the all-encompassing noise associated with a given
environment, being usually a composite of sounds from many sources near and
far.
(6) "Annual Average Day-Night
Airport Noise Level" means the average, on an energy basis, of the daily
Day-Night Airport Noise Level over a 12-month period.
(7) "Any One Hour" means any period of 60
consecutive minutes during the 24-hour day.
(8) "Closed Course Motorcycle Racing Vehicle"
means any motorcycle racing vehicle that is operated in competition or practice
session on a closed course motor sports facility, i.e., where public access is
restricted and admission is generally charged.
(9) "Commission" means the Environmental
Quality Commission.
(10)
"Construction" shall mean building or demolition work and shall include all
activities thereto such as clearing of land, earthmoving, and landscaping, but
shall not include the production of construction materials.
(11) "Day-Night Airport Noise Level (Ldn)"
means the Equivalent Noise Level produced by airport/aircraft operations during
a 24-hour time period, with a 10 decibel penalty applied to the level measured
during the nighttime hours of 10 p.m. to 7 a.m.
(12) "Department" means the Department of
Environmental Quality.
(13)
"Director" means the Director of the Department.
(14) "Drag Racing Vehicle" means any racing
vehicle used to compete in any acceleration competition initiated from a
standing start and continued over a straight-line course.
(15) "Emergency Equipment" means
noise-emitting devices required to avoid or reduce the severity of accidents.
Such equipment includes, but is not limited to, safety valves and other
unregulated pressure relief devices.
(16) "Equivalent Noise Level (Leq)" means the
equivalent steady state sound level in A-weighted decibels for a stated period
of time which contains the same acoustic energy as the actual time-varying
sound level for the same period of time.
(17) "Existing Industrial or Commercial Noise
Source" means any industrial or commercial noise source for which installation
or construction was commenced prior to January 1, 1975.
(18) "Farm Tractor" means any motor vehicle
designed primarily for use in agricultural operations for drawing or operating
plows, mowing machines, or other implements of husbandry.
(19) "Four Wheel Drive Racing Vehicle" means
any four-wheeled racing vehicle with at least one wheel on the front and rear
axle driven by the engine or any racing vehicle participating in an event with
predominantly four wheel drive racing vehicles.
(20) "Go-Kart Racing Vehicle" means a
light-weight four-wheeled racing vehicle of the type commonly known as a
go-kart.
(21) "Impulse Sound" means
either a single pressure peak or a single burst (multiple pressure peaks) for a
duration of less than one second as measured on a peak unweighted sound
pressure measuring instrument or "C" weighted, slow response instrument and
specified by dB and dBC respectively.
(22) "In-Use Motor Vehicle" means any motor
vehicle which is not a new motor vehicle.
(23) "Industrial or Commercial Noise Source"
means that source of noise which generates industrial or commercial noise
levels.
(24) "Industrial or
Commercial Noise Levels" means those noises generated by a combination of
equipment, facilities, operations, or activities employed in the production,
storage, handling, sale, purchase, exchange, or maintenance of a product,
commodity, or service and those noise levels generated in the storage or
disposal of waste products.
(25)
"Motorboat" as used in OAR
340-035-0025 means a watercraft
propelled by an internal combustion engine but does not include a boat powered
by an outboard motor or an inboard/outboard power package designed to exhaust
beneath the surface of the water.
(26) "Motorcycle" means any motor vehicle,
except farm tractors, designed to travel on not more than three wheels which
are in contact with the ground.
(27) "Motor Sports Advisory Committee" means
a committee appointed by the Director, from among the nominees, for the purpose
of technical advice on racing activities and to recommend Exceptions to these
rules as specified in OAR
340-035-0040(12).
This Committee shall consist of:
(a) One
permanent public member nominated by a noise impacted group or association;
and
(b) One representative of each
of the racing vehicle types identified in OAR
340-035-0040(2)
as nominated by the respective sanctioning bodies; and
(c) The program manager of the Department's
noise pollution control section who shall also serve as the departmental staff
liaison to this body; and
(d) An
attorney; and
(e) An acoustical
engineer.
(28) "Motor
Sports Facility" means any facility, track or course upon which racing events
are conducted.
(29) "Motor Sports
Facility Noise Impact Boundaries" means the daily 55 dBA day-night (Ldn) noise
contours around the motor sports facility representing events that may occur on
the day of maximum projected use.
(30) "Motor Sports Facility Owner" means the
owner or operator of a motor sports facility or an agent or designee of the
owner or operator. When a Racing Event is held on public land, the event
organizer (i.e., promoter) shall be considered the motor sports facility owner
for the purposes of these rules.
(31) "Motor Vehicle" means any vehicle which
is, or is designed to be self-propelled or is designed or used for transporting
persons or property. This definition excludes airplanes, but includes
watercraft.
(32) "New Airport"
means any airport for which installation, construction, or expansion of a
runway commenced after January 1, 1980.
(33) "New Industrial or Commercial Noise
Source" means any industrial or commercial noise source for which installation
or construction was commenced after January 1, 1975 on a site not previously
occupied by the industrial or commercial noise source in question.
(34) "New Motor Sports Facility" is any
permanent motor sports facility for which construction or installation was
commenced after January 1, 1982. Any recreational park or similar facility
which initiates sanctioned racing after this date shall be considered a new
motor sports facility.
(35) "New
Motor Vehicle" means a motor vehicle whose equitable or legal title has never
been transferred to a person who in good faith purchases the new motor vehicle
for purposes other than resale. The model year of such vehicle shall be the
year so specified by the manufacturer, or if not so specified, the calendar
year in which the new motor vehicle was manufactured.
(36) "Noise Impact Boundary" means a contour
around the airport, any point on which is equal to the airport noise
criterion.
(37) "Noise Level" means
weighted sound pressure level measured by use of a metering characteristic with
an "A" frequency weighting network and reported as dBA.
(38) "Noise Sensitive Property" means real
property normally used for sleeping, or normally used as schools, churches,
hospitals or public libraries. Property used in industrial or agricultural
activities is not Noise Sensitive Property unless it meets the above criteria
in more than an incidental manner.
(39) "Octave Band Sound Pressure Level" means
the sound pressure level for the sound being measured within the specified
octave band. The reference pressure is 20 micropascals (20 micronewtons per
square meter).
(40) "Off-Road
Recreational Vehicle" means any motor vehicle, including watercraft, used off
public roads for recreational purposes. When a road vehicle is operated
off-road the vehicle shall be considered an off-road recreational vehicle if it
is being operated for recreational purposes.
(41) "One-Third Octave Band Sound Pressure
Level" means the sound pressure level for the sound being measured within the
specified one-third octave band at the preferred frequencies. The reference
pressure is 20 micropascals (20 micronewtons per square meter).
(42) "Open Course Motorcycle Racing Vehicle"
means any motorcycle racing vehicle that is operated in competition on an open
course motor sports facility, i.e., where public access is not generally
restricted. This definition is intended to include the several types of
motorcycles such as "enduro" and "cross country" that are used in events held
in trail or other off-road environments.
(43) "Oval Course Racing Vehicle" means any
racing vehicle, not a motorcycle and not a sports car, which is operated upon a
closed, oval-type motor sports facility.
(44) "Person" means the United States
Government and agencies thereof, any state, individual, public or private
corporation, political subdivision, governmental agency, municipality,
industry, co-partnership, association, firm, trust, estate, or any other legal
entity whatever.
(45) "Practice
Sessions" means any period of time during which racing vehicles are operated at
a motor sports facility, other than during racing events. Driver training
sessions or similar activities which are not held in anticipation of a
subsequent racing event, and which include only vehicles with a stock exhaust
system, shall not be considered practice sessions.
(46) "Preferred Frequencies" means those mean
frequencies in Hertz preferred for acoustical measurements which for this
purpose shall consist of the following set of values: 20, 25, 31.5, 40, 50, 63,
80, 100, 125, 160, 200, 250, 315, 400, 500, 630, 800, 1000, 1250, 1600, 2000,
2500, 3150, 4000, 5000, 6300, 8000, 10,000, 12,500.
(47) "Previously Unused Industrial or
Commercial Site" means property which has not been used by any industrial or
commercial noise source during the 20 years immediately preceding commencement
of construction of a new industrial or commercial source on that property.
Agricultural activities and silvicultural activities generating infrequent
noise emissions shall not be considered as industrial or commercial operations
for the purposes of this definition.
(48) "Propulsion Noise" means that noise
created in the propulsion of a motor vehicle. This includes, but is not limited
to, exhaust system noise, induction system noise, tire noise, cooling system
noise, aerodynamic noise, and, where appropriate in the test procedure, braking
system noise. This does not include noise created by road vehicle auxiliary
equipment such as power take-offs and compressors.
(49) "Public Roads" means any street, alley,
road, highway, freeway, thoroughfare, or section thereof in this state used by
the public or dedicated or appropriated to public use.
(50) "Quiet Area" means any land or facility
designated by the Commission as an appropriate area where the qualities of
serenity, tranquility, and quiet are of extraordinary significance and serve an
important public need, such as, without being limited to, a wilderness area,
national park, state park, game reserve, wildlife breeding area, or
amphitheater. The Department shall submit areas suggested by the public as
quiet areas, to the Commission, with the Department's recommendation.
(51) "Racing Events" means any time, speed or
distance competition using motor vehicles, conducted under a permit issued by
the governmental authority having jurisdiction or under the auspices of a
recognized sanctioning body. This definition includes, but is not limited to,
events on the surface of land and water. Any motor sports event not meeting
this definition shall be subject to the ambient noise limits of OAR
340-035-0030(1)(d).
(52) "Racing Vehicle" means any Motor Vehicle
that is designed to be used exclusively in Racing Events or any New Motor
Vehicle that has not been certified by its manufacturer as meeting the
applicable noise limits of OAR
340-035-0025 or any vehicle
participating in or practicing for a Racing Event.
(53) "Recreational Park" means a facility
open to the public for the operation of off-road recreational
vehicles.
(54) "Road Vehicle" means
any motor vehicle registered for use on public roads, including any attached
trailing vehicles.
(55) "Road
Vehicle Auxiliary Equipment" means those mechanical devices which are built in
or attached to a road vehicle and are used primarily for the handling or
storage of products in that motor vehicle. This includes, but is not limited
to, refrigeration units, compressors, compactors, chippers, power lifts,
mixers, pumps, blowers, and other mechanical devices.
(56) "Sound Pressure Level" (SPL) means 20
times the logarithm to the base 10 of the ratio of the root-mean-square
pressure of the sound to the reference pressure. SPL is given in decibels (dB).
The reference pressure is 20 micropascals (20 micronewtons per square
meter).
(57) "Special Motor Racing
Event" means any racing event in which a substantial or significant number of
out-of-state racing vehicles are competing or any event which has a special
significance to the community and which has been recommended as a special motor
racing event by the motor sports advisory committee and approved by the
Department.
(58) "Sports Car Racing
Vehicle" means any racing vehicle which meets the requirements and
specifications of the competition rules of any sports car
organization.
(59) "Statistical
Noise Level" means the noise level which is equaled or exceeded a stated
percentage of the time. An L10 = 65 dBA implies that in any hour of the day 65
dBA can be equaled or exceeded only 10% of the time, or for 6
minutes.
(60) "Stock Exhaust
System" means an original equipment manufacturer exhaust system or a
replacement for original equipment for a street legal vehicle whose noise
emissions do not exceed those of the original equipment.
(61) "Temporary Autocross or Solo Course"
means any area upon which a paved course motor sports facility is temporarily
established. Typically such courses are placed on parking lots, or other large
paved areas, for periods of one or two days.
(62) "Top Fuel-Burning Drag Racing Vehicle"
means a drag racing vehicle that operates using principally alcohol (more than
50 percent) or utilizes nitromethane as a component of its operating fuel and
commonly known as top fuel and funny cars.
(63) "Trackside" means a sound measuring
point of 50 feet from the racing vehicle and specified in Motor Race Vehicle
and Facility Sound Measurement and Procedure Manual, NPCS-35.
(64) "Warning Device" means any device which
signals an unsafe or potentially dangerous situation.
(65) "Watercraft Racing Vehicle" means any
racing vehicle which is operated upon or immediately above the surface of
water.
(66) "Well Maintained
Muffler" means a device or combination of devices which effectively decreases
the sound energy of internal combustion engine exhaust without a muffler by a
minimum of 5 dBA at trackside. A well maintained muffler shall be free of
defects or modifications that reduce its sound reduction capabilities. Each
outlet of a multiple exhaust system shall comply with the requirements of this
subsection, notwithstanding the total engine displacement versus muffler length
requirements. Such a muffler shall be a:
(a)
Reverse gas flow device incorporating a multi-tube and baffle design; or
a
(b) Perforated straight core
device, fully surrounded from beginning to end with a sound absorbing medium,
not installed on a rotary engine:
(A) At
least 20 inches in inner core length when installed on any drag race engine
exceeding 1600 cc (96.7 cubic inches) displacement; or
(B) At least 12 inches in inner core length
when installed on any non-motorcycle drag race engine equal to or less than
1600 cc (96.7 cubic inches) displacement; or
(C) At least 6 inches in inner core length
and installed at the outlet end of any four-cycle motorcycle drag race engine;
or
(D) At least 8 inches in inner
core length when installed on any two-cycle motorcycle drag race engine; or
an
(c) Annular swirl
flow (auger-type) device of:
(A) At least 16
inches in swirl chamber length when installed on any drag race engine exceeding
1600 cc (96.7 cubic inches) displacement; or
(B) At least 10 inches in swirl chamber
length when installed on any drag race engine equal to or less than 1600 cc
(96.7 cubic inches) displacement; or a
(d) Stacked 360° diffuser disc device; or
a
(e) Turbocharger; or a
(f) Go-kart muffler as defined by the
International Karting Federation as specified in Motor Race Vehicle and
Facility Sound Measurement and Procedure Manual, NPCS-35; or an
(g) Original equipment manufacturer
motorcycle muffler when installed on a motorcycle model such muffler was
designated for by the manufacturer; or
(h) Boat motor whose exhaust exits beneath
the water surface during operation; or a
(i) Formula Vee four-into-one
header/collector when installed on a Formula Vee sports car racing vehicle; or
a
(j) Hughes-type Racing muffler;
or
(k) Any other device
demonstrated effective and approved by the motor sports advisory committee and
the Department.
Notes
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Statutory/Other Authority: ORS 467
Statutes/Other Implemented: ORS 467.030
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