[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
January 16, 1996 and August 28, 1996]
[CITE: 42USC4917]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 65-- NOISE CONTROL
Sec. 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.
(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
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 carrier engaged in interstate commerce,
no State or political subdivision thereof may adopt or enforce any
standard applicable to the same operation of such motor 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) ``Motor carrier'' defined
For purposes of this section, the term ``motor carrier'' includes a
motor carrier and motor private carrier as those terms are defined in
section 13102 of title 49.
(Pub. L. 92-574, Sec. 18, Oct. 27, 1972, 86 Stat. 1249.; Pub. L. 104-88,
title III, Sec. 339, Dec. 29, 1995, 109 Stat. 955.)
References in Text
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.
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.
Amendments
1995--Subsec. (d). Pub. L. 104-88 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ``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.''
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 701 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.