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 and Employees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4915. Judicial review (a) Petition for review A petition for review of action of the Adminis- trator 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 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 Ad- ministration in promulgating any standard or regulation under section 44715 of title 49 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 sub- ject to judicial review in civil or criminal pro- ceedings for enforcement. (b) Additional evidence If a party seeking review under this chapter applies to the court for leave to adduce addi- tional 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 Ad- ministration (as the case may be), the court may order such additional evidence (and evi- dence 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, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new find- ings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evi- dence. (c) Stay of agency action With respect to relief pending review of an ac- tion by either Administrator, no stay of an agency action may be granted unless the review- ing court determines that the party seeking such stay is (1) likely to prevail on the merits in the review proceeding and (2) will suffer irrep- arable harm pending such proceeding. (d) Subpenas For the purpose of obtaining information to carry out this chapter, the Administrator of the Environmental Protection Agency may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In cases of con- tumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or trans- acts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce pa- pers, books, and documents before the Adminis- trator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 92–574, § 16, Oct. 27, 1972, 86 Stat. 1247.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 44715 of title 49’’ substituted for ‘‘section 611 of the Federal Aviation Act of 1958’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. § 4916. Railroad 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 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