
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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 the term ``railroad carrier'' has in section 
20102 of title 49.

(Pub. L. 92-574, Sec. 17, Oct. 27, 1972, 86 Stat. 1248; Pub. L. 104-287, 
Sec. 6(i), Oct. 11, 1996, 110 Stat. 3399.)

                       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. The Act 
was also repealed by Pub. L. 104-287, Sec. 7(5), Oct. 11, 1996, 110 
Stat. 3400. 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

    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)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 4903, 4905, 4909, 4911, 4915 
of this title.
