[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]


                        CHAPTER 65-- NOISE CONTROL

Sec. 4917. Motor carrier noise emission standards

(a) Regulations; standards; consultation with Secretary of 


    (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 


    (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.


    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.


    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.


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