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42 U.S.C. § 4916 — Railroad noise emission standards

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4916 — Railroad noise emission standards

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Source file: Laws/federal/codes/united-states-code/title-42/section-4916-railroad-noise-emission-standards--8ee1a3db82.md
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Source location: Title 42, Chapter 65, § 4916; chapter-065-noise-control.md

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**(a) Regulations; standards; consultation with Secretary of Transportation** (1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for surface carriers engaged in interstate commerce by railroad. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of the equipment and facilities of surface carriers engaged in interstate commerce by railroad which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim). (2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of [section 4915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), the Administrator shall promulgate final regulations. Such regulations may be revised, from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability. (4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. **(b) Regulations to insure compliance with noise emission standards** The Secretary of Transportation, after consultation with the Administrator, shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by subtitle V of title 49. Regulations promulgated under this section shall be subject to the provisions of sections 4909, 4910, 4911, and 4915 of this title. **(c) High-speed train noise emissions** (1) **In general** — The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads. (2) **Factors in rulemaking** — The regulations prescribed pursuant to paragraph (1) may— (A) consider variances in maximum pass-by noise with respect to the speed of the equipment; (B) account for current engineering best practices; and (C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs. (3) **Conventional-speed trains** — Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour. **(d) State and local standards and controls** (1) Subject to paragraph (2) but notwithstanding any other provision of this chapter, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad, no State or political subdivision thereof may adopt or enforce any standard applicable to noise emissions resulting from the operation of the same equipment or facility of such carrier unless such standard is identical to a standard applicable to noise emissions resulting from such operation prescribed by any regulation under this section. (2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision thereof to establish and enforce standards or controls on levels of environmental noise, or to control, license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after consultation with the Secretary of Transportation, determines that such standard, control, license, regulation, or restriction is necessitated by special local conditions and is not in conflict with regulations promulgated under this section. **(e) “Carrier” and “railroad” defined** The terms “carrier” and “railroad” as used in this section shall have the same meaning as the term “railroad carrier” has in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section20102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20102 — Definitions

In this part— (1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations. (2) “railroad”— (A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including— (i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and (ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but (B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose. (4) “safety-related railroad employee” means— (A) a railroad employee who is subject to chapter 211; (B) another operating railroad employee who is not subject to chapter 211; (C) an employee who maintai

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4905 — Noise emission standards for products distributed in commerce

**(a) Proposed regulations** (1) The Administrator shall publish proposed regulations, meeting the requirements of subsection (c), for each product— (A) which is identified (or is part of a class identified) in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) as a major source of noise, (B) for which, in his judgment, noise emission standards are feasible, and (C) which falls in one of the following categories: (i) Construction equipment. (ii) Transportation equipment (including recreational vehicles and related equipment). (iii) Any motor or engine (including any equipment of which an engine or motor is an integral part). (iv) Electrical or electronic equipment. (2) (A) Initial proposed regulations under paragraph (1) shall be published not later than eighteen months after October 27, 1972, and shall apply to any product described in paragraph (1) which is identified (or is a part of a class identified) as a major source of noise in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) on or before the date of publication of such initial proposed regulations. (B) In the case of any product described in paragraph (1) which is identified (or is part of a class identified) as a major source of noise in a report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such prod

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4905

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4915 — Judicial review

**(a) Petition for review** A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under sections 4905, 4916, or 4917 of this title or any labeling regulation under [section 4907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907&num=0&edition=prelim) may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim) may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. **(b) Additional evidence** If a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such Administrator may modify his findings as to the facts

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4916 — Railroad noise emission standards

Page 6253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4916 (h) Promulgation of procedures The Administrator shall promulgate the pro- cedures required to implement this section with- in one hundred and eighty days after October 27, 1972. (Pub. L. 92–574, § 15, Oct. 27, 1972, 86 Stat. 1245; Pub. L. 94–301, § 1, May 31, 1976, 90 Stat. 590; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Subsec. (b)(3). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’. 1976—Subsec. (g). Pub. L. 94–301 inserted authoriza- tion of appropriations for fiscal year ending June 30, 1976, the transition period, and fiscal year ending Sep- tember 30, 1977. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. A committee established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of its establishment unless in the case of a committee established by the President or an officer of the Federal Government, such com- mittee is renewed by appropriate action prior to the end of such period, or in the case of a committee estab- lished by the Congress, its duration is otherwise pro- vided by law. See section 1013 of Title 5, Government Organization an

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4916

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