
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: 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. 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

    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.
