§4917 Motor carrier noise emission standards

Summary

The Administrator must publish proposed noise rules for motor carriers that cross state lines within nine months after October 27, 1972. The proposed rules must set noise limits that reflect the best available technology, while taking into account how much it will cost to comply. These rules are in addition to any under section 4905. Within ninety days after those proposed rules are published, and subject to section 4915, the Administrator must issue final rules. The Administrator may update the rules later but must first talk with the Secretary of Transportation about safety and what technology is available. The rules will take effect after a time the Administrator, with the Secretary’s input, decides is needed so manufacturers and carriers can adopt the required technology and pay for it. The Secretary of Transportation, after talking with the Administrator, must create rules to make sure carriers follow the noise limits and enforce them using federal transportation inspection and enforcement powers. Those enforcement rules must follow sections 4909, 4910, 4911, and 4915 of this title. Once a federal rule for a carrier’s operation is in force, states may not set or enforce different noise standards for that same operation unless the state rule is identical. States can still set local environmental noise controls or regulate use or movement when the Administrator, after consulting the Secretary, finds a special local need and the state rule does not conflict with the federal rule. For this section, “motor carrier” also includes “motor private carrier” as defined in 49 U.S.C. 13102.