[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-287 Section 6(i)]
[CITE: 42USC4916]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE

 
                        CHAPTER 65-- NOISE CONTROL

 
Sec. 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 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.

    (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, 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 

the Safety Appliance Acts [45 U.S.C. 1 et seq.], 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) 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.



(d) ``Carrier'' and ``railroad'' defined



    The terms ``carrier'' and ``railroad'' as used in this section shall 

have the same meaning as such terms have under section 20102(1) \1\ of 

title 49.

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    \1\ See References in Text note below.

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(Pub. L. 92-574, Sec. 17, Oct. 27, 1972, 86 Stat. 1248.)



                       References in Text



    The Safety Appliance Acts, referred to in subsec. (b), are acts Mar. 

2, 1893, ch. 196, 27 Stat. 531; Mar. 2, 1903, ch. 976, 32 Stat. 943; and 

Apr. 14, 1910, ch. 160, 36 Stat. 298, which were classified to sections 

1 to 16 of Title 45, Railroads, and were repealed and reenacted in 

sections 20102, 20301 to 20304, 21302, and 21304 of Title 49, 

Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994, 108 

Stat. 863, 881, 892, 893, 1379, the first section of which enacted 

subtitles II, III, and V to X of Title 49. Section 6 of act Apr. 14, 

1910, which was classified to section 15 of Title 45, was repealed and 

reenacted as section 501(b) of Title 49 by Pub. L. 97-449, Jan. 12, 

1983, 96 Stat. 2413.

    The Department of Transportation Act, referred to in subsec. (b), is 

Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which was 

classified principally to sections 1651 to 1660 of former Title 49, 

Transportation. The Act was repealed 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. For 

disposition of sections of former Title 49, see Table at the beginning 

of Title 49.

    Section 20102(1) of title 49, referred to in subsec. (d), was 

substituted for ``the first section of Act of February 17, 1911 (45 

U.S.C. 22)'' on authority of Pub. L. 103-272, July 5, 1994, 108 Stat. 

745, which repealed that section and reenacted the provisions thereof in 

section 20102(1) of title 49, see Codification note below. Prior to 

repeal, the first section of Act of February 17, 1911, was amended 

generally by Pub. L. 100-342, Sec. 14(1), June 22, 1988, 102 Stat. 632, 

and, as so amended, no longer contained a definition of ``carrier''.



                          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, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of 

which enacted subtitle IV of Title 49, Transportation.

    In subsec. (d), ``section 20102(1) of title 49'' substituted for 

``the first section of Act of February 17, 1911 (45 U.S.C. 22)'' on 

authority of Pub. L. 103-272, Sec. 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.



                  Section Referred to in Other Sections



    This section is referred to in sections 4903, 4905, 4909, 4911, 4915 

of this title.

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