§ 4916. Railroad noise emission standards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Noise Control Act of 1972

   Pub. L. 92–574 § 17 · 86 Stat. 1234

   Enacted · 42 U.S.C. § 4916

   Pub. L. 92–574, § 17, Oct. 27, 1972, 86 Stat. 1248

   Source evidence

   Code source credit
   Pub. L. 92–574, § 17, Oct. 27, 1972, 86 Stat. 1248

   Enacted provision · exact public law section
   Sec. 17. railroad noise emission standards (a) (1) Within nine months after the date of enactment of this Act, 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 6 of this Act. (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 16 of this Act, the Administrator shall promulgate, final regulations. Such regulations may lie 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) 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 27 Stat. 531. 45 USC 1. 24 Stat. 379. 49 USC prec. 1 note. 80 Stat. 931. 49 USC 1651 note. authorized by the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act, Regulations promulgated under this section shall be subject to the provisions of sections 10,11,12, and 16 of this Act. (e) (1) Subject to paragraph (2) but notwithstanding any other provision of this Act, 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) The terms “carrier” and “railroad” as used in this section shall have the same meaning as such terms have under the first section of the Act of February 17, 1911 (45 U.S.C. 22). 16 Stat. 913; 43 Stat. 659.

2. 1996

   Pub. L. 104–287 § 6(i) · 110 Stat. 3388

   Substituted · 42 U.S.C. § 4916(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (6) In section 702, strike “the effective date of such Act” and substitute “January 1, 1996”.

3. 2021

   Passenger Rail Expansion and Rail Safety Act of 2021

   Pub. L. 117–58 § 22423(b) · 135 Stat. 429

   Substituted · 42 U.S.C. § 4916(b)

   Pub. L. 117–58, § 22423(b), substituted “subtitle V of title 49” for “the Safety Appliance Acts, subtitle IV of title 49, and the Department of Transportation Act”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 117–58, § 22423(b), substituted “subtitle V of title 49” for “the Safety Appliance Acts, subtitle IV of title 49, and the Department of Transportation Act”.

   Enacted provision · exact public law section
   (b) Technical Amendment.— The second sentence of section 17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking “the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act” and inserting “subtitle V of title 49, United States Code”.

4. 2021

   Passenger Rail Expansion and Rail Safety Act of 2021

   Pub. L. 117–58 § 22423(a) · 135 Stat. 429

   1. Added · 42 U.S.C. § 4916(c)(e)

      Pub. L. 117–58, § 22423(a), added subsec. (c)

   2. Redesignated · 42 U.S.C. § 4916(c)(e)

      Pub. L. 117–58, § 22423(a), redesignated former subsecs. (c) and (d) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (c) to (e). Pub. L. 117–58, § 22423(a), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

   Enacted provision · exact public law section
   (a) In General.— Section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: “(c) High-speed Train Noise Emissions.— “(1) In general.— The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads. “(2) Factors in rulemaking.— The regulations prescribed pursuant to paragraph (1) may— “(A) consider variances in maximum pass-by noise with respect to the speed of the equipment; “(B) account for current engineering best practices; and “(C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs. “(3) Conventional-speed trains.— Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour.” .

5 of 5 references resolved to an enrolled provision