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U.S. Code as of:
01/19/04
Section 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.
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