§ 4917. Motor carrier 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 § 18 · 86 Stat. 1234

   Enacted · 42 U.S.C. § 4917

   Pub. L. 92–574, § 18, Oct. 27, 1972, 86 Stat. 1249.

   Source evidence

   Code source credit
   Pub. L. 92–574, § 18, Oct. 27, 1972, 86 Stat. 1249.

   Enacted provision · exact public law section
   Sec. 18. motor carrier noise emission standards (a) (1) Within nine months after the date of enactment Regulations. of this Act, 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 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 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) 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 Interstate Commerce Act and the Department 24 Stat. 379. 49 USC proc. 1 note. 80 Stat. 931. 49 USC 1651 note. of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 10,11, 12, and 16 of this Act. (c) (1) Subject to paragraph (2) of this subsection 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 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) For purposes of this section, the term “motor carrier” includes “Motor carrier.” 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 paragraphs (14), (15), and (17) of section 203(a) of the 49 Stat. 545; 54 Stat. 920; 71 Stat. 411. Interstate Commerce Act (49 U.S.C. 303 (a)).

2. 1995

   ICC Termination Act of 1995

   Pub. L. 104–88 title III § 339 · 109 Stat. 803

   Amended · 42 U.S.C. § 4917(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT. Section 18(d) of the Noise Control Act of 1972 (42 U.S.C. 4917(d)) is amended to read as follows: “(d) 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, United States Code.”.

   Effective date note
   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 1301 of Title 49, Transportation.

2 of 2 references resolved to an enrolled provision