§4916 Railroad noise emission standards

Summary

The Administrator must write and publish proposed noise rules for interstate railroads within nine months after October 27, 1972. The proposals must set noise limits that reflect how much noise can be cut using the best available technology while taking into account the cost to comply. Within ninety days after those proposals are published, and following the steps in section 4915, the Administrator must put final rules in place. The Administrator must talk with the Secretary of Transportation before making or changing any rule and must give businesses time to develop and apply the needed technology before a rule takes effect. The Secretary of Transportation, after talking with the Administrator, must make and enforce rules to make sure the Administrator’s standards are followed, using enforcement powers in subtitle V of title 49 and following sections 4909, 4910, 4911, and 4915. The Secretary can set special rules for trains going faster than 160 miles per hour, including maglev and other new technologies; those rules can vary allowable noise by speed, use current engineering practices, and encourage noise-reduction methods when benefits exceed costs. Rules already made for trains at speeds up to 160 miles per hour continue to apply. Once a federal rule for a carrier’s equipment or facility is in effect, a State or local government cannot set a different standard for that same equipment or facility unless it is identical. States may still set other local noise limits or controls if the Administrator, after consulting the Secretary, finds local conditions need them and they do not conflict with the federal rules. The words “carrier” and “railroad” mean the same as “railroad carrier” in 49 U.S.C. 20102.