50 



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 regula- 

 tions promulgated under this section. 



(d) Definitions. 



The terms "carrier" and "railroad" as used in this 

 section shall have the same meaning as such terms 

 have under section 22 of Title 45. (Pub. L. 92-574, 

 5 17, Oct. 27. 1972, 86 Stat. 1248.) 



§ 4917. Motor carrier 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 motor carriers engaged in inter- 

 state commerce. Such proposed regulations shall in- 

 clude noise emission standards setting such limits 

 on noise emissions resulting from operation of motor 

 carriers engaged in interstate commerce which re- 

 flect the degree of noise reduction achievable 

 through the application of the best available tech- 

 nology, taking into account the cost of 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 

 provisions of section 4915 of this title, the Adminis- 

 trator shall promulgate final regulations. Such regu- 

 lations 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 pro- 

 mulgated only after conBUltatlon with the Secretary 

 of Transportation In order to assure appropriate 

 consideration for safety and technological avail- 

 ability. 



(4) Any regulation or revision thereof promul- 

 gated under this subsection shall talce effect after 

 such period as the Administrator finds necessary, 

 after consultation with the Secretary of Transporta- 

 tion, to permit the development and application of 

 the requisite technology, giving appropriate con- 

 sideration 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 regula- 

 tions 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 

 Interstate Commerce Act and the Department of 

 Transportation Act. Regulations promulgated under 

 this section shall be subject to the provisions of 

 sections 4909'. 4910, 4911, and 4915 of this title. 



(c) State and local stand.irds and controls. 



(1) Subject to paragraph (2) of this subsection 

 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 motor carrier engaged in 

 interstate commerce, no State or political sudlvlslon 

 thereof may adopt or enforce any standard appli- 

 cable to the same operation of such motor carrier, 

 unless such standard Is identical to a standard appli- 

 cable to noise emissions resulting from such opera- 

 tion 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 

 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 regula- 

 tions promulgated under this section, 



(d) Deflnitiont. 



For purposes of this section, the term "motor 

 carrier" includes a common carrier by motor vehi- 

 cle, a contract carrier by motor vehicle, and a private 

 carrier of property by motor vehicle as those terms 

 are defined by paragraphs (14), (IS), and (1?) of 

 section 303(a) of Title 49. (Pub. L. 92-S74, 118, 

 Oct. 27, 1972, 86 Stat. 1249.) 



§ 4918. Authorization of appropriations. 



There is authorized to be appropriated to carry 

 out this chapter (other than section 4914 of this 

 title) $3,000,000 for the fiscal yean ending June 30, 

 1973; $6,000,000 for the fiscal year ending June 30. 

 1974; the $12,000,000 for the fiscal year ending 

 June 30, 1975; $11,090,000 for the fiscal year ending 

 June 30, 1976; $2,772,500 for the transition period 

 of July 1, 1976, through September 30, 1976; and 

 $12,199,000 for the fiscal year ending September 30, 

 1977; except that no part of any amount appro- 

 priated pursuant to this section or section 15 for 

 any period after the fiscal year ending June 30, 

 1975, shall be available for research or development. 

 (Pub. L. 92-574, § 19. Oct. 27, 1972. 86 Stat. 1250; 

 amended Pub. L. 94-301, § 2, May 31. 1976. 90 Stat. 

 .590.) 



13. Occupational Noise 

 29 U.S.C. 651-656 



See. 



651. Congressional statement of findings and declaration 



of purpose and policy 

 652 Definitions 



653 Geographic applicability; Judicial enforcement; 

 applicability to existing standards; report to Con- 

 gress on duplication and coordination of Federal 

 laws; workmen's compensation law or common 

 law of statutory rights, duties, or liabilities of 

 employers and employees unaffected 



