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 insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transpor- tation 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 con- sultation with the Administrator, may pre- scribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transpor- tation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not tradi- tionally associated with railroads. (2) Factors in rulemaking The regulations prescribed pursuant to para- graph (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 pre- scribed 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 notwith- standing any other provision of this chapter, after the effective date of a regulation under this section applicable to noise emissions result- ing from the operation of any equipment or fa- cility of a surface carrier engaged in interstate commerce by railroad, no State or political sub- division thereof may adopt or enforce any stand- ard 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 re- sulting 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 sub- division thereof to establish and enforce stand- ards 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 regula- tions 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. (Pub. L. 92–574, § 17, Oct. 27, 1972, 86 Stat. 1248; Pub. L. 104–287, § 6(i), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 117–58, div. B, title II, § 22423, Nov. 15, 2021, 135 Stat. 752.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 22423(b), substituted ‘‘subtitle V of title 49’’ for ‘‘the Safety Appliance Acts, subtitle IV of title 49, and the Department of Transpor- tation Act’’. Subsecs. (c) to (e). Pub. L. 117–58, § 22423(a), added sub- sec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘the term ‘railroad carrier’ has in section 20102 of title 49’’ for ‘‘such terms have under the first section of the Act of February 17, 1911 (45 U.S.C. 22)’’. § 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 regula- tions shall include noise emission standards set- ting such limits on noise emissions resulting from operation of motor carriers engaged in Page 6255 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4918 interstate commerce which reflect the degree of noise reduction achievable through the applica- tion of the best available technology, taking into account the cost of compliance. These regu- lations 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 insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transpor- tation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by subtitle IV of title 49 and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 4909, 4910, 4911, and 4915 of this title. (c) State and local standards and controls (1) Subject to paragraph (2) of this subsection 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 motor car- rier engaged in interstate commerce, no State or political subdivision thereof may adopt or en- force any standard applicable to the same oper- ation of such motor carrier, unless such stand- ard is identical to a standard applicable to noise emissions resulting from such operation pre- scribed by any regulation under this section. (2) Nothing in this section shall diminish or enhance the rights of any State or political sub- division thereof to establish and enforce stand- ards 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 regula- tions promulgated under this section. (d) ‘‘Motor carrier’’ defined For purposes of this section, the term ‘‘motor carrier’’ includes a motor carrier and motor pri- vate carrier as those terms are defined in sec- tion 13102 of title 49. (Pub. L. 92–574, § 18, Oct. 27, 1972, 86 Stat. 1249.; Pub. L. 104–88, title III, § 339, Dec. 29, 1995, 109 Stat. 955.) Editorial Notes REFERENCES IN TEXT The Department of Transportation Act, referred to in subsec. (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was re- pealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49. CODIFICATION In subsec. (b), ‘‘subtitle IV of title 49’’ substituted for ‘‘the Interstate Commerce Act [49 U.S.C. 1 et seq.]’’ on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation. AMENDMENTS 1995—Subsec. (d). Pub. L. 104–88 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘For purposes of this section, the term ‘motor carrier’ includes a common carrier by motor vehicle, a contract carrier by motor vehicle, and a private carrier of property by motor vehicle as those terms are defined by section 10102 of title 49.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. § 4918. Authorization of appropriations There are authorized to be appropriated to carry out this chapter (other than for research and development) $15,000,000 for the fiscal year ending September 30, 1979. (Pub. L. 92–574, § 19, Oct. 27, 1972, 86 Stat. 1250; Pub. L. 94–301, § 2, May 31, 1976, 90 Stat. 590; Pub. L. 95–609, § 6, Nov. 8, 1978, 92 Stat. 3081.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–609 substituted provisions author- izing appropriations of $15,000,000 for 1979 for provisions authorizing appropriations for fiscal years 1973 to 1977 and struck out restriction on expenditures for research and development. 1976—Pub. L. 94–301 inserted authorization of appro- priations for fiscal year ending June 30, 1976, the transi- tion period, and fiscal year ending September 30, 1977, and provisions excepting appropriations for research and development use. CHAPTER 66—DOMESTIC VOLUNTEER SERVICES Sec. 4950. Volunteerism policy. SUBCHAPTER I—NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS PART A—VOLUNTEERS IN SERVICE TO AMERICA 4951. Congressional statement of purpose.