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49 U.S.C. § 112 — Untitled legal text

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

49 U.S.C. § 112 — Untitled legal text

Page 59 TITLE 49—TRANSPORTATION § 113 Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, es- tablished the Bureau of Transportation Statistics. See chapter 63 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. [§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570] Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to estab- lishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Trans- portation. See Transfer of Duties and Powers note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. TRANSFER

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Page 59 TITLE 49—TRANSPORTATION § 113 Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, es- tablished the Bureau of Transportation Statistics. See chapter 63 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. [§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570] Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to estab- lishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Trans- portation. See Transfer of Duties and Powers note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. TRANSFER OF DUTIES AND POWERS Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: ‘‘That notwithstanding any other provision of law, the powers and duties, functions, au- thorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided fur- ther, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administra- tion shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.’’ [Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 300, provided in part: ‘‘That any reference in law, regu- lation, judicial proceedings, or elsewhere to the Re- search and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.’’] [Similar provisions were contained in the following prior appropriations acts: [Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5094.] [Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 684.] [Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824.] [Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.] [Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 396.] [Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.] [Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 725.] [Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.] [Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.] Pub. L. 108–426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, pro- vided that: ‘‘The authority of the Research and Special Programs Administration, other than authority exer- cised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Adminis- tration.’’ For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Adminis- tration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. § 113. Federal Motor Carrier Safety Administra- tion (a) IN GENERAL.—The Federal Motor Carrier Safety Administration shall be an administra- tion of the Department of Transportation. (b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear in- tent, encouragement, and dedication of Congress to the furtherance of the highest degree of safe- ty in motor carrier transportation. (c) ADMINISTRATOR.—The head of the Adminis- tration shall be the Administrator who shall be appointed by the President, by and with the ad- vice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. (d) DEPUTY ADMINISTRATOR.—The Administra- tion shall have a Deputy Administrator ap- pointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (e) CHIEF SAFETY OFFICER.—The Administra- tion shall have an Assistant Federal Motor Car- rier Safety Administrator appointed in the com- petitive service by the Secretary, with the ap- proval of the President. The Assistant Adminis- trator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. (f) POWERS AND DUTIES.—The Administrator shall carry out— (1) duties and powers related to motor car- riers or motor carrier safety vested in the Sec- retary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Depart- ment of Transportation other than the Federal Highway Administration, as of October 8, 1999; and (2) additional duties and powers prescribed by the Secretary. (g) LIMITATION ON TRANSFER OF POWERS AND DUTIES.—A duty or power specified in subsection (f)(1) may only be transferred to another part of

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

42 U.S.C. § 4917 — Motor carrier noise emission standards

**(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 motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4917

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

42 U.S.C. § 4917 — Motor carrier noise emission standards

Page 6254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4917 emission regulations for surface carriers en- gaged in interstate commerce by railroad. Such proposed regulations shall include noise emis- sion standards setting such limits on noise emis- sions 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. (2) Within ninety days after the publication of such regulations as may be proposed under para- graph (1) of this subsection, and subject to the provisions of section 4915 of this title, the Ad- ministrator 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 techno- logical availability. (4) Any regulation or revision thereof promul- gated under this subsection shall take effect after such period as the Administrator finds nec- essary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compli- ance within such period. (b) Regulations to insure compliance with noise emission standards The Secretary of Transportation, after con- sultation with the Administrator, shall promul- gate regulations to insur

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4917

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

49 U.S.C. § 112 — Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]

### Statutory Notes Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below. #### Effective Date of Repeal Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under [section 5313 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim), Government Organization and Employees. #### Transfer of Duties and Powers Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: “That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding [section 102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section102&num=0&edition=prelim) and [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim), United States Code, there shall be an Assistant Secretary for

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 112

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