49 



Administration in promulgating any standard or 

 regulation under section 1431 of Title 49 may be filed 

 only in such court. Any such petition shall be filed 

 within ninety days from the date of such promulga- 

 tion, or after date if such petition is based solely 

 on grounds arising after such ninetieth day. Action 

 of either Administrator with respect to which review 

 could have been obtained under this subsection shall 

 not be subject to judicial review in ci-vil or criminal 

 proceedings for enforcement. , 



(b) Additional evidence. 



If a party seeking review under this chapter ap- 

 plies to the court for leave to adduce additional evi- 

 dence, and shows to the satisfaction of the court that 

 the information is material and was not available at 

 the time of the proceeding before the Administrator 

 of such Agency or Administration (as the case may 

 be), the court may order such additional evidence 

 (and evidence in rebuttal thereof) to be taken before 

 such Administrator, and to be adduced upon the 

 hearing, in such manner and upon such terms and 

 conditions as the court may deem proper. Such Ad- 

 ministrator may modify his findings as to the facts, 

 or make new findings, by reason of the additional 

 evidence so taken, and he shall file with the court 

 such modified or new findings, and his recommenda- 

 tion, if any, for the modification or setting aside of 

 his original order, with the return of such additional 

 evidence. 



(c) Stay of agency action. 



With respect to relief pending review of an action 

 by either Administrator, no stay of an agency action 

 may be granted unless the reviewing court deter- 

 mines that the party seeking such stay is (1) likely 

 to prevail on the merits in the review proceeding and 

 (2) will suffer irreparable harm pending such 

 proceeding. 



(d) Subpenas. 



For the purpose of obtaining information to carry 

 out this chapter, the Administrator of the Environ- 

 mental Protection Agency may issue subpenas for the 

 attendance and testimony of witnesses and the pro- 

 duction of relevant papers, books, and documents, 

 and he may administer oaths. Witnesses summoned 

 shall be paid the same fees and mileage that are paid 

 witnesses in the courts of the United States. In cases 

 of contumacy or refusal to obey a subpena served 

 upon any person under this subsection, the district 

 court of the United States for any district in which 

 such person is found or resides or transacts business, 

 upon application by the United States and after 

 notice to such person, shall have jurisdiction to issue 

 an order requiring such person to appear and give 

 testimony before the Administrator, to appear and 

 produce papers, books, and documents before the 

 Administrator, or both, and any failure to obey such 

 order of the court may be punished by such court as 

 a contempt thereof. (Pub. L. 92-574, § 16, Oct. 27, 

 1972„86Stat. 1247.) 



§ 4916. Railroad noise emission standards. 



(a) Regulations; standards; consultation with Secre- 

 tary of Transportation. 



(1) Within nine months after October 27, 1972, 

 the Administrator shall publish proposed noise emis- 



sion regulations for surface carriers engaged in in- 

 terstate commerce by railroad. Such proposed regu- 

 lations shall include noise emission standards setting 

 such limits on noise emissions resulting from opera- 

 tion of the equipment and facilities of surface car- 

 riers engaged in interstate commerce by railroad 

 which reflect the degree of noise reduction achievable 

 through the application of the best available tech- 

 nology, taking into account the cost ot compliance. 

 These regulations shall be in addition to any regula- 

 tions 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 para- 

 graph (1) of this subsection, and subject to the pro- 

 visions of section 4915 of this title, the Administra- 

 tor shall promulgate final regulations. Such regula- 

 tions may be revised, from time to time, in accord- 

 ance 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 Trans- 

 portation in order to assure appropriate considera- 

 tion for safety and technological availability. 



(4) Any regulation or revision thereof promulgated 

 under this subsection shall take effect after such pe- 

 riod as the Administrator finds necessary, after con- 

 sultation with the Secretary of Transportation, to 

 permit the development and application of the req- 

 uisite technology, giving appropriate consideration 

 to the cost of compliance within such period. 



(b) Regulations to insure compliance with noise emis- 

 sion standards. 



The Secretary of Transportation, after consulta- 

 tion with the Administrator, shall promulgate regu- 

 lations to Insure compliance with all standards pro- 

 mulgated 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 the 

 Safety Appliance Acts, the Interstate Commerce Act, 

 and the Department of Transportation Act. Regula- 

 tions 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) but notwithstanding 

 any other provision of this chapter, after the effec- 

 tive date of a regulation under this section applicable 

 to noise emissions resulting from the operation of 

 any equipment or facihty of a surface carrier en- 

 gaged 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 en- 

 hance the rights of any State or political subdivision 

 thereof to establish and enforce standards or con- 

 trols on levels of environmental noise, or to control, 

 license, regulate, or restrict the use, operation, or 

 movement of any product if the Administrator, after 



