§4916 Railroad Noise Emission Standards

Summary

The Administrator must write rules that limit noise from interstate railroads. Within nine months after October 27, 1972, the Administrator had to publish proposed rules. Those rules must set noise limits that reflect the best available technology, while thinking about how much it will cost to meet them. Final rules must be issued within ninety days after the proposals, and the Administrator must talk with the Secretary of Transportation before making or changing rules. The Secretary of Transportation must make rules to enforce these limits and use the enforcement and inspection powers in subtitle V of title 49. For trains that run faster than 160 miles per hour, the Secretary (with the Administrator) may make special rules, including for magnetic levitation and new technologies, and may allow different limits by speed, follow modern engineering practices, and encourage fixes when benefits exceed costs. Once a federal rule applies to specific equipment or facilities, states cannot set different standards for the same equipment unless they are identical, except that states may adopt special local controls if the Administrator and Secretary agree they are needed and not in conflict. Regulations are subject to sections 4909, 4910, 4911, and 4915 of this title. Carrier and railroad: mean the same as “railroad carrier” in 49 U.S.C. 20102.