[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.