U.S. CODE
Rulings
AD/CVD
Notices
HTSUS
U.S. Code
Regs
More
Ports
About
Updates
Apps
Larger font
Smaller font
CustomsMobile Pro
beta now open!
Apply for a FREE beta account. Spaces are limited so apply today.
SIGNUP FOR BETA
SEARCH
Toggle Dropdown
Search US Code
Search Leg. Notes
Sort by Rank
Titles Ascending
Titles Descending
10 per page
25 Result/page
50 Result/page
U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 42
Chapter 65
§ 4916. Railroad noise emission ...
§ 4918. Authorization of appropr...
§ 4916. Railroad noise emission ...
§ 4918. Authorization of appropr...
U.S. Code
Notes
§ 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
(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
(
Pub. L. 92–574, § 18
,
Oct. 27, 1972
,
86 Stat. 1249
.;
Pub. L. 104–88, title III, § 339
,
Dec. 29, 1995
,
109 Stat. 955
.)
cite as:
42 USC 4917
.list_box li,p,.cm-search-info,.cm-search-detail,.abt span,.expand-collapse_top
Get the CustomsMobile app!