Chapter 65, Section 4916, Subsection (d) · 42 U.S.C. Chapter 65

Contents

(d)

(1)Subject to paragraph (2) 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 equipment or facility of a surface carrier engaged in interstate commerce by railroad, no State or political subdivision thereof may adopt or enforce any standard applicable to noise emissions resulting from the operation of the same equipment or facility of such 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 17

Show every defined term

Administrator
means the Administrator of the Environmental Protection Agency.
commerce
means trade, traffic, commerce, or transportation—
Committee
means the Low-Noise-Emission Product Advisory Committee.
distribute in commerce
means sell in, offer for sale in, or introduce or deliver for introduction into, commerce.
environmental noise
means the intensity, duration, and the character of sounds from all sources.
Federal agency
means an executive agency (as defined in section 105 of title 5) and includes the United States Postal Service.
Federal Government
includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia.
low-noise-emission product
means any product which emits noise in amounts significantly below the levels specified in noise emission standards under regulations applicable under section 4905 of this title at the time of procurement to that type of product.
manufacturer
means any person engaged in the manufacturing or assembling of new products, or the importing of new products for resale, or who acts for, and is controlled by, any such person in connection with the distribution of such products.
motor carrier
includes a motor carrier and motor private carrier as those terms are defined in section 13102 of title 49.
new product
means (A) a product the equitable or legal title of which has never been transferred to an ultimate purchaser, or (B) a product which is imported or offered for importation into the United States and which is manufactured after the effective date of a regulation under section 4905 or 4907 of this title which would have been applicable to such product had it been manufactured in the United States.
noise control requirement
means paragraph (1), (2), (3), (4), or (5) of section 4909(a) of this title, or a standard, rule, or regulation issued under section 4916 or 4917 of this title or under section 44715 of title 49.
person
means an individual, corporation, partnership, or association, and (except as provided in sections 4910(e) and 4911(a) of this title) includes any officer, employee, department, agency, or instrumentality of the United States, a State, or any political subdivision of a State.
product
means any manufactured article or goods or component thereof;
retail price
means (A) the maximum statutory price applicable to any type of product;
State
includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands.
ultimate purchaser
means the first person who in good faith purchases a product for purposes other than resale.