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