U.S. Code » Title 42 » Chapter CHAPTER 65— NOISE CONTROL

42 U.S.C. § 4917

Motor carrier noise emission standards

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar
(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.

(Pub. L. 92–574, § 18, Oct. 27, 1972, 86 Stat. 1249.; Pub. L. 104–88, title III, § 339, Dec. 29, 1995, 109 Stat. 955.)Editorial NotesReferences in Text

The Department of Transportation Act, referred to in subsec. (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Codification

In subsec. (b), “subtitle IV of title 49” substituted for “the Interstate Commerce Act [49 U.S.C. 1 et seq.]” on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49, Transportation.

Amendments

1995—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.”

Statutory Notes and Related SubsidiariesEffective Date of 1995 Amendment

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.

Notes of Decisions
Cited in 5 cases, 1993–2016 · leading case: New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 67 F.3d 326 (1st Cir. 1995).
Sort: Relevance Newest Treatment
New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 67 F.3d 326 (1st Cir. 1995). “42 U.S.C. § 4917 (c)(1). Admittedly, the statutory language is general (“any standard applicable to the same operation”); but we think that it would stretch the words beyond their ordinary meaning to strike down a local curfew order based on a range of concerns where federal law…”
Keck v. Commonwealth Ex Rel. Golden, 998 S.W.2d 13 (Ky. Ct. App. 1999). “42 U.S.C. § 4917 (c). There is no evidence that Keck was operating his truck in violation of the standards established pursuant to the NCA.”
New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 836 F. Supp. 59 (D.N.H. 1993). “42 U.S.C. § 4917 (c)(1) & (2) (1989). Although the above quoted provisions evidence an express preemption clause, it is interpreted, based on the plain reading of the NCA, as well as the legislative history thereof, very narrowly.”
N.E. Materials Gp. (Vt. Super. Ct. 2016). · cites it 3× “7 42 U.S.C. § 4917 (a)(1). For the “medium-heavy” trucks NEMG proposes to use, that limit is 86 dBA Lmax for slower roads and 90 dBA Lmax for faster roads, see 40 C.”
N.E. Materials Grp Act 250 (Vt. Super. Ct. 2016). · cites it 3× “8 42 U.S.C. § 4917 (a)(1). For the “medium-heavy” trucks NEMG proposes to use, that limit is 86 dBA Lmax for slower roads and 90 dBA Lmax for faster roads, see 40 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.